[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1105 Enrolled Bill (ENR)]

        H.R.1105

                      One Hundred Eleventh Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
             the sixth day of January, two thousand and nine


                                 An Act


 
 Making omnibus appropriations for the fiscal year ending September 30, 
                      2009, 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 ``Omnibus Appropriations Act, 2009''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Statement of appropriations.

       DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG 
      ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2009

Title I--Agricultural Programs
Title II--Conservation Programs
Title III--Rural Development Programs
Title IV--Domestic Food Programs
Title V--Foreign Assistance and Related Programs
Title VI--Related Agency and Food and Drug Administration
Title VII--General Provisions

      DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 2009

Title I--Department of Commerce
Title II--Department of Justice
Title III--Science
Title IV--Related Agencies
Title V--General Provisions

     DIVISION C--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 2009

Title I--Department of Defense--Civil: Department of the Army
Title II--Department of the Interior
Title III--Department of Energy
Title IV--Independent Agencies
Title V--General Provisions

  DIVISION D--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS 
                                ACT, 2009

Title I--Department of the Treasury
Title II--Executive Office of the President and Funds Appropriated to 
          the President
Title III--The Judiciary
Title IV--District of Columbia
Title V--Independent Agencies
Title VI--General Provisions--This Act
Title VII--General Provisions--Government-wide
Title VIII--General Provisions--District of Columbia

    DIVISION E--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED 
                    AGENCIES APPROPRIATIONS ACT, 2009

Title I--Department of the Interior
Title II--Environmental Protection Agency
Title III--Related Agencies
Title IV--General Provisions

    DIVISION F--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND 
        EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2009

Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related Agencies
Title V--General Provisions
Title VI--Afghan Allies Protection Act of 2009

         DIVISION G--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2009

Title I--Legislative Branch Appropriations
Title II--General Provisions

    DIVISION H--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED 
                    PROGRAMS APPROPRIATIONS ACT, 2009

Title I--Department of State and Related Agency
Title II--United States Agency for International Development
Title III--Bilateral Economic Assistance
Title IV--International Security Assistance
Title V--Multilateral Assistance
Title VI--Export and Investment Assistance
Title VII--General Provisions

 DIVISION I--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED 
                    AGENCIES APPROPRIATIONS ACT, 2009

Title I--Department of Transportation
Title II--Department of Housing and Urban Development
Title III--Related Agencies
Title IV--General Provisions This Act

 DIVISION J--FURTHER PROVISIONS RELATING TO THE DEPARTMENT OF HOMELAND 
                       SECURITY AND OTHER MATTERS

SEC. 3. REFERENCES.

    Except as expressly provided otherwise, any reference to ``this 
Act'' 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 Act printed in the House 
of Representatives section of the Congressional Record on or about 
February 23, 2009 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.

SEC. 5. STATEMENT OF APPROPRIATIONS.

    The following sums in this Act are appropriated, out of any money 
in the Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2009.

       DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG 
     ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2009

                                TITLE I

                         AGRICULTURAL PROGRAMS

                  Production, Processing and Marketing

                        Office of the Secretary

    For necessary expenses of the Office of the Secretary of 
Agriculture, $5,174,000: Provided, That not to exceed $11,000 of this 
amount shall be available for official reception and representation 
expenses, not otherwise provided for, as determined by the Secretary.

                          Executive Operations


                      office of the chief economist

    For necessary expenses of the Office of the Chief Economist, 
$10,651,000.


                        national appeals division

    For necessary expenses of the National Appeals Division, 
$14,711,000.

                 office of budget and program analysis

    For necessary expenses of the Office of Budget and Program 
Analysis, $9,054,000.


                       office of homeland Security

    For necessary expenses of the Office of Homeland Security, 
$974,000.

                Office of the Chief Information Officer

    For necessary expenses of the Office of the Chief Information 
Officer, $17,527,000.

                 Office of the Chief Financial Officer

    For necessary expenses of the Office of the Chief Financial 
Officer, $5,954,000: Provided, That no funds made available by this 
appropriation may be obligated for FAIR Act or Circular A-76 activities 
until the Secretary has submitted to the Committees on Appropriations 
of both Houses of Congress and the Committee on Oversight and 
Government Reform of the House of Representatives a report on the 
Department's contracting out policies, including agency budgets for 
contracting out.

           Office of the Assistant Secretary for Civil Rights

    For necessary expenses of the Office of the Assistant Secretary for 
Civil Rights, $871,000.

                         Office of Civil Rights

    For necessary expenses of the Office of Civil Rights, $21,551,000.

          Office of the Assistant Secretary for Administration

    For necessary expenses of the Office of the Assistant Secretary for 
Administration, $687,000.

        Agriculture Buildings and Facilities and Rental Payments


                      (including transfers of funds)

    For payment of space rental and related costs pursuant to Public 
Law 92-313, including authorities pursuant to the 1984 delegation of 
authority from the Administrator of General Services to the Department 
of Agriculture under 40 U.S.C. 486, for programs and activities of the 
Department which are included in this Act, and for alterations and 
other actions needed for the Department and its agencies to consolidate 
unneeded space into configurations suitable for release to the 
Administrator of General Services, and for the operation, maintenance, 
improvement, and repair of Agriculture buildings and facilities, and 
for related costs, $244,244,000, to remain available until expended, of 
which $168,901,000 shall be available for payments to the General 
Services Administration for rent; of which $13,500,000 for payment to 
the Department of Homeland Security for building security activities; 
and of which $61,843,000 for buildings operations and maintenance 
expenses: Provided, That the Secretary is authorized to transfer funds 
from a Departmental agency to this account to recover the full cost of 
the space and security expenses of that agency that are funded by this 
account when the actual costs exceed the agency estimate which will be 
available for the activities and payments described herein.

                     Hazardous Materials Management


                      (including transfers of funds)

    For necessary expenses of the Department of Agriculture, to comply 
with the Comprehensive Environmental Response, Compensation, and 
Liability Act (42 U.S.C. 9601 et seq.) and the Resource Conservation 
and Recovery Act (42 U.S.C. 6901 et seq.), $5,100,000, to remain 
available until expended: Provided, That appropriations and funds 
available herein to the Department for Hazardous Materials Management 
may be transferred to any agency of the Department for its use in 
meeting all requirements pursuant to the above Acts on Federal and non-
Federal lands.

                      Departmental Administration


                      (including transfers of funds)

    For Departmental Administration, $27,011,000, to provide for 
necessary expenses for management support services to offices of the 
Department and for general administration, security, repairs and 
alterations, and other miscellaneous supplies and expenses not 
otherwise provided for and necessary for the practical and efficient 
work of the Department: Provided, That this appropriation shall be 
reimbursed from applicable appropriations in this Act for travel 
expenses incident to the holding of hearings as required by 5 U.S.C. 
551-558.

     Office of the Assistant Secretary for Congressional Relations


                      (including transfers of funds)

    For necessary expenses of the Office of the Assistant Secretary for 
Congressional Relations to carry out the programs funded by this Act, 
including programs involving intergovernmental affairs and liaison 
within the executive branch, $3,877,000: Provided, That these funds may 
be transferred to agencies of the Department of Agriculture funded by 
this Act to maintain personnel at the agency level: Provided further, 
That no funds made available by this appropriation may be obligated 
after 30 days from the date of enactment of this Act, unless the 
Secretary has notified the Committees on Appropriations of both Houses 
of Congress on the allocation of these funds by USDA agency: Provided 
further, That no other funds appropriated to the Department by this Act 
shall be available to the Department for support of activities of 
congressional relations.

                        Office of Communications

    For necessary expenses of the Office of Communications, $9,514,000.

                      Office of Inspector General

    For necessary expenses of the Office of Inspector General, 
including employment pursuant to the Inspector General Act of 1978, 
$85,766,000, including such sums as may be necessary for contracting 
and other arrangements with public agencies and private persons 
pursuant to section 6(a)(9) of the Inspector General Act of 1978, and 
including not to exceed $125,000 for certain confidential operational 
expenses, including the payment of informants, to be expended under the 
direction of the Inspector General pursuant to Public Law 95-452 and 
section 1337 of Public Law 97-98.

                     Office of the General Counsel

    For necessary expenses of the Office of the General Counsel, 
$41,620,000.

  Office of the Under Secretary for Research, Education and Economics

    For necessary expenses of the Office of the Under Secretary for 
Research, Education and Economics, $609,000.

                       Economic Research Service

    For necessary expenses of the Economic Research Service, 
$79,500,000.

                National Agricultural Statistics Service

    For necessary expenses of the National Agricultural Statistics 
Service, $151,565,000, of which up to $37,265,000 shall be available 
until expended for the Census of Agriculture.

                     Agricultural Research Service


                          salaries and expenses

    For necessary expenses of the Agricultural Research Service and for 
acquisition of lands by donation, exchange, or purchase at a nominal 
cost not to exceed $100, and for land exchanges where the lands 
exchanged shall be of equal value or shall be equalized by a payment of 
money to the grantor which shall not exceed 25 percent of the total 
value of the land or interests transferred out of Federal ownership, 
$1,140,406,000, of which $112,571,000 shall be for the purposes, and in 
the amounts, specified in the table titled ``Agricultural Research 
Service, Salaries and Expenses, Congressionally-designated Projects'' 
in the explanatory statement described in section 4 (in the matter 
preceding division A of this consolidated Act): Provided, That 
appropriations hereunder shall be available for the operation and 
maintenance of aircraft and the purchase of not to exceed one for 
replacement only: Provided further, That appropriations hereunder shall 
be available pursuant to 7 U.S.C. 2250 for the construction, 
alteration, and repair of buildings and improvements, but unless 
otherwise provided, the cost of constructing any one building shall not 
exceed $375,000, except for headhouses or greenhouses which shall each 
be limited to $1,200,000, and except for 10 buildings to be constructed 
or improved at a cost not to exceed $750,000 each, and the cost of 
altering any one building during the fiscal year shall not exceed 10 
percent of the current replacement value of the building or $375,000, 
whichever is greater: Provided further, That the limitations on 
alterations contained in this Act shall not apply to modernization or 
replacement of existing facilities at Beltsville, Maryland: Provided 
further, That appropriations hereunder shall be available for granting 
easements at the Beltsville Agricultural Research Center: Provided 
further, That the foregoing limitations shall not apply to replacement 
of buildings needed to carry out the Act of April 24, 1948 (21 U.S.C. 
113a): Provided further, That funds may be received from any State, 
other political subdivision, organization, or individual for the 
purpose of establishing or operating any research facility or research 
project of the Agricultural Research Service, as authorized by law.


                         buildings and facilities

    For acquisition of land, construction, repair, improvement, 
extension, alteration, and purchase of fixed equipment or facilities as 
necessary to carry out the agricultural research programs of the 
Department of Agriculture, where not otherwise provided, $46,752,000, 
of which $46,752,000 shall be for the purposes, and in the amounts, 
specified in the table titled ``Agricultural Research Service, 
Buildings and Facilities Congressionally-designated Projects'' in the 
explanatory statement described in section 4 (in the matter preceding 
division A of this consolidated Act), to remain available until 
expended.

      Cooperative State Research, Education, and Extension Service


                    research and education activities

    For payments to agricultural experiment stations, for cooperative 
forestry and other research, for facilities, and for other expenses, 
$691,043,000, of which $113,275,000 shall be for the purposes, and in 
the amounts, specified in the table titled ``Cooperative State 
Research, Education, and Extension Service, Research and Education 
Activities, Congressionally-designated Projects'' in the explanatory 
statement described in section 4 (in the matter preceding division A of 
this consolidated Act), as follows: to carry out the provisions of the 
Hatch Act of 1887 (7 U.S.C. 361a-i), $207,106,000; for grants for 
cooperative forestry research (16 U.S.C. 582a through a-7), 
$27,535,000; for payments to eligible institutions (7 U.S.C. 3222), 
$45,504,000, provided that each institution receives no less than 
$1,000,000; for special grants (7 U.S.C. 450i(c)), $84,499,000; for 
competitive grants on improved pest control (7 U.S.C. 450i(c)), 
$15,945,000; for competitive grants (7 U.S.C. 450(i)(b)), $201,504,000, 
to remain available until expended; for the support of animal health 
and disease programs (7 U.S.C. 3195), $2,950,000; for supplemental and 
alternative crops and products (7 U.S.C. 3319d), $819,000; for grants 
for research pursuant to the Critical Agricultural Materials Act (7 
U.S.C. 178 et seq.), $1,083,000, to remain available until expended; 
for the 1994 research grants program for 1994 institutions pursuant to 
section 536 of Public Law 103-382 (7 U.S.C. 301 note), $1,610,000, to 
remain available until expended; for rangeland research grants (7 
U.S.C. 3333), $983,000; for higher education graduate fellowship grants 
(7 U.S.C. 3152(b)(6)), $3,859,000, to remain available until expended 
(7 U.S.C. 2209b); for a program pursuant to section 1415A of the 
National Agricultural Research, Extension, and Teaching Policy Act of 
1977 (7 U.S.C. 3151a), $2,950,000, to remain available until expended; 
for higher education challenge grants (7 U.S.C. 3152(b)(1)), 
$5,654,000; for a higher education multicultural scholars program (7 
U.S.C. 3152(b)(5)), $981,000, to remain available until expended (7 
U.S.C. 2209b); for an education grants program for Hispanic-serving 
Institutions (7 U.S.C. 3241), $6,237,000; for competitive grants for 
the purpose of carrying out all provisions of 7 U.S.C. 3156 to 
individual eligible institutions or consortia of eligible institutions 
in Alaska and in Hawaii, with funds awarded equally to each of the 
States of Alaska and Hawaii, $3,196,000; for a secondary agriculture 
education program and 2-year post-secondary education (7 U.S.C. 
3152(j)), $983,000; for aquaculture grants (7 U.S.C. 3322), $3,928,000; 
for sustainable agriculture research and education (7 U.S.C. 5811), 
$14,399,000; for a program of capacity building grants (7 U.S.C. 
3152(b)(4)) to institutions eligible to receive funds under 7 U.S.C. 
3221 and 3222, $15,000,000, to remain available until expended (7 
U.S.C. 2209b); for payments to the 1994 Institutions pursuant to 
section 534(a)(1) of Public Law 103-382, $3,342,000; for resident 
instruction grants for insular areas under section 1491 of the National 
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 
U.S.C. 3363), $800,000; for a new era rural technology program pursuant 
to section 1473E of the National Agricultural Research, Extension, and 
Teaching Act of 1977 (7 U.S.C. 3319e), $750,000; and for necessary 
expenses of Research and Education Activities, $39,426,000, of which 
$2,704,000 for the Research, Education, and Economics Information 
System and $2,136,000 for the Electronic Grants Information System, are 
to remain available until expended.


               native american institutions endowment fund

    For the Native American Institutions Endowment Fund authorized by 
Public Law 103-382 (7 U.S.C. 301 note), $11,880,000, to remain 
available until expended.


                           extension activities

    For payments to States, the District of Columbia, Puerto Rico, 
Guam, the Virgin Islands, Micronesia, the Northern Marianas, and 
American Samoa, $474,250,000, of which $9,388,000 shall be for the 
purposes, and in the amounts, specified in the table titled 
``Cooperative State Research, Education, and Extension Service, 
Extension Activities, Congressionally-designated Projects'' in the 
explanatory statement described in section 4 (in the matter preceding 
division A of this consolidated Act), as follows: payments for 
cooperative extension work under the Smith-Lever Act, to be distributed 
under sections 3(b) and 3(c) of said Act, and under section 208(c) of 
Public Law 93-471, for retirement and employees' compensation costs for 
extension agents, $288,548,000; payments for extension work at the 1994 
Institutions under the Smith-Lever Act (7 U.S.C. 343(b)(3)), 
$3,321,000; payments for the nutrition and family education program for 
low-income areas under section 3(d) of the Act, $66,155,000; payments 
for the pest management program under section 3(d) of the Act, 
$9,791,000; payments for the farm safety program under section 3(d) of 
the Act, $4,863,000; payments for New Technologies for Ag Extension 
under section 3(d) of the Act, $1,500,000; payments to upgrade 
research, extension, and teaching facilities at institutions eligible 
to receive funds under 7 U.S.C. 3221 and 3222, $18,000,000, to remain 
available until expended; payments for youth-at-risk programs under 
section 3(d) of the Smith-Lever Act, $8,182,000; for youth farm safety 
education and certification extension grants, to be awarded 
competitively under section 3(d) of the Act, $479,000; payments for 
carrying out the provisions of the Renewable Resources Extension Act of 
1978 (16 U.S.C. 1671 et seq.), $4,008,000; payments for the federally-
recognized Tribes Extension Program under section 3(d) of the Smith-
Lever Act, $3,000,000; payments for sustainable agriculture programs 
under section 3(d) of the Act, $4,568,000; payments for rural health 
and safety education as authorized by section 502(i) of Public Law 92-
419 (7 U.S.C. 2662(i)), $1,738,000; payments for cooperative extension 
work by eligible institutions (7 U.S.C. 3221), $40,150,000, provided 
that each institution receives no less than $1,000,000; for grants to 
youth organizations pursuant to 7 U.S.C. 7630, $1,767,000; payments to 
carry out the food animal residue avoidance database program as 
authorized by 7 U.S.C. 7642, $806,000; and for necessary expenses of 
Extension Activities, $17,374,000.


                          integrated activities

    For the integrated research, education, and extension grants 
programs, including necessary administrative expenses, $56,864,000, as 
follows: for competitive grants programs authorized under section 406 
of the Agricultural Research, Extension, and Education Reform Act of 
1998 (7 U.S.C. 7626), $41,990,000, including $12,649,000 for the water 
quality program, $14,596,000 for the food safety program, $4,096,000 
for the regional pest management centers program, $4,388,000 for the 
Food Quality Protection Act risk mitigation program for major food crop 
systems, $1,365,000 for the crops affected by Food Quality Protection 
Act implementation, $3,054,000 for the methyl bromide transition 
program, and $1,842,000 for the organic transition program; for a 
competitive international science and education grants program 
authorized under section 1459A of the National Agricultural Research, 
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3292b), to remain 
available until expended, $3,000,000; for grants programs authorized 
under section 2(c)(1)(B) of Public Law 89-106, as amended, $732,000, to 
remain available until September 30, 2010, for the critical issues 
program; $1,312,000 for the regional rural development centers program; 
and $9,830,000 for the Food and Agriculture Defense Initiative 
authorized under section 1484 of the National Agricultural Research, 
Extension, and Teaching Act of 1977, to remain available until 
September 30, 2010.

  Office of the Under Secretary for Marketing and Regulatory Programs

    For necessary expenses of the Office of the Under Secretary for 
Marketing and Regulatory Programs, $737,000.

               Animal and Plant Health Inspection Service

                         salaries and expenses


                      (including transfers of funds)

    For necessary expenses of the Animal and Plant Health Inspection 
Service, including up to $30,000 for representation allowances and for 
expenses pursuant to the Foreign Service Act of 1980 (22 U.S.C. 4085), 
$876,675,000, of which $23,494,000 shall be for the purposes, and in 
the amounts, specified in the table titled ``Animal and Plant Health 
Inspection Service, Congressionally-designated Projects'' in the 
explanatory statement described in section 4 (in the matter preceding 
division A of this consolidated Act), of which $2,025,000 shall be 
available for the control of outbreaks of insects, plant diseases, 
animal diseases and for control of pest animals and birds to the extent 
necessary to meet emergency conditions; of which $29,590,000 shall be 
used for the cotton pests program for cost share purposes or for debt 
retirement for active eradication zones; of which $14,500,000 shall be 
for a National Animal Identification program, of which $3,500,000 is 
for information technology infrastructure and services, and $9,395,000 
is for field implementation, and $1,605,000 is for program 
administration; of which $60,594,000 shall be used to prevent and 
control avian influenza and shall remain available until expended; of 
which $1,015,000 of the plum pox program shall remain available until 
September 30, 2010: Provided, That funds provided for the contingency 
fund to meet emergency conditions, information technology 
infrastructure, fruit fly program, emerging plant pests, cotton pests 
program, grasshopper and mormon cricket program, the National 
Veterinary Stockpile, up to $12,895,000 in animal health monitoring and 
surveillance for the animal identification system, up to $1,500,000 in 
the scrapie program for indemnities, up to $1,000,000 for wildlife 
services methods development, up to $1,000,000 of the wildlife services 
operations program for aviation safety, and up to 25 percent of the 
screwworm program shall remain available until expended: Provided 
further, That no funds shall be used to formulate or administer a 
brucellosis eradication program for the current fiscal year that does 
not require minimum matching by the States of at least 40 percent: 
Provided further, That this appropriation shall be available for the 
operation and maintenance of aircraft and the purchase of not to exceed 
four, of which two shall be for replacement only: Provided further, 
That, in addition, in emergencies which threaten any segment of the 
agricultural production industry of this country, the Secretary may 
transfer from other appropriations or funds available to the agencies 
or corporations of the Department such sums as may be deemed necessary, 
to be available only in such emergencies for the arrest and eradication 
of contagious or infectious disease or pests of animals, poultry, or 
plants, and for expenses in accordance with sections 10411 and 10417 of 
the Animal Health Protection Act (7 U.S.C. 8310 and 8316) and sections 
431 and 442 of the Plant Protection Act (7 U.S.C. 7751 and 7772), and 
any unexpended balances of funds transferred for such emergency 
purposes in the preceding fiscal year shall be merged with such 
transferred amounts: Provided further, That appropriations hereunder 
shall be available pursuant to law (7 U.S.C. 2250) for the repair and 
alteration of leased buildings and improvements, but unless otherwise 
provided the cost of altering any one building during the fiscal year 
shall not exceed 10 percent of the current replacement value of the 
building.
    In fiscal year 2009, the agency is authorized to collect fees to 
cover the total costs of providing technical assistance, goods, or 
services requested by States, other political subdivisions, domestic 
and international organizations, foreign governments, or individuals, 
provided that such fees are structured such that any entity's liability 
for such fees is reasonably based on the technical assistance, goods, 
or services provided to the entity by the agency, and such fees shall 
be credited to this account, to remain available until expended, 
without further appropriation, for providing such assistance, goods, or 
services.


                         BUILDINGS AND FACILITIES

    For plans, construction, repair, preventive maintenance, 
environmental support, improvement, extension, alteration, and purchase 
of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and 
acquisition of land as authorized by 7 U.S.C. 428a, $4,712,000, to 
remain available until expended.

                     Agricultural Marketing Service

                           marketing services

    For necessary expenses of the Agricultural Marketing Service, 
$86,711,000: Provided, That this appropriation shall be available 
pursuant to law (7 U.S.C. 2250) for the alteration and repair of 
buildings and improvements, but the cost of altering any one building 
during the fiscal year shall not exceed 10 percent of the current 
replacement value of the building.
    Fees may be collected for the cost of standardization activities, 
as established by regulation pursuant to law (31 U.S.C. 9701).


                  limitation on administrative expenses

    Not to exceed $62,888,000 (from fees collected) shall be obligated 
during the current fiscal year for administrative expenses: Provided, 
That if crop size is understated and/or other uncontrollable events 
occur, the agency may exceed this limitation by up to 10 percent with 
notification to the Committees on Appropriations of both Houses of 
Congress.


     funds for strengthening markets, income, and supply (section 32)

                      (including transfers of funds)

    Funds available under section 32 of the Act of August 24, 1935 (7 
U.S.C. 612c), shall be used only for commodity program expenses as 
authorized therein, and other related operating expenses, including not 
less than $10,000,000 for replacement of a system to support commodity 
purchases, except for: (1) transfers to the Department of Commerce as 
authorized by the Fish and Wildlife Act of August 8, 1956; (2) 
transfers otherwise provided in this Act; and (3) not more than 
$17,270,000 for formulation and administration of marketing agreements 
and orders pursuant to the Agricultural Marketing Agreement Act of 1937 
and the Agricultural Act of 1961.


                    payments to states and possessions

    For payments to departments of agriculture, bureaus and departments 
of markets, and similar agencies for marketing activities under section 
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)), 
$1,334,000.

        Grain Inspection, Packers and Stockyards Administration

                         salaries and expenses

    For necessary expenses of the Grain Inspection, Packers and 
Stockyards Administration, $40,342,000: Provided, That this 
appropriation shall be available pursuant to law (7 U.S.C. 2250) for 
the alteration and repair of buildings and improvements, but the cost 
of altering any one building during the fiscal year shall not exceed 10 
percent of the current replacement value of the building.


         limitation on inspection and weighing services expenses

    Not to exceed $42,463,000 (from fees collected) shall be obligated 
during the current fiscal year for inspection and weighing services: 
Provided, That if grain export activities require additional 
supervision and oversight, or other uncontrollable factors occur, this 
limitation may be exceeded by up to 10 percent with notification to the 
Committees on Appropriations of both Houses of Congress.

             Office of the Under Secretary for Food Safety

    For necessary expenses of the Office of the Under Secretary for 
Food Safety, $613,000.

                   Food Safety and Inspection Service

    For necessary expenses to carry out services authorized by the 
Federal Meat Inspection Act, the Poultry Products Inspection Act, and 
the Egg Products Inspection Act, including not to exceed $50,000 for 
representation allowances and for expenses pursuant to section 8 of the 
Act approved August 3, 1956 (7 U.S.C. 1766), $971,566,000; and in 
addition, $1,000,000 may be credited to this account from fees 
collected for the cost of laboratory accreditation as authorized by 
section 1327 of the Food, Agriculture, Conservation and Trade Act of 
1990 (7 U.S.C. 138f): Provided, That no fewer than 120 full-time 
equivalent positions shall be employed during fiscal year 2009 for 
purposes dedicated solely to inspections and enforcement related to the 
Humane Methods of Slaughter Act: Provided further, That of the amount 
available under this heading, $3,000,000 shall be obligated to maintain 
the Humane Animal Tracking System as part of the Public Health Data 
Communication Infrastructure System: Provided further, That this 
appropriation shall be available pursuant to law (7 U.S.C. 2250) for 
the alteration and repair of buildings and improvements, but the cost 
of altering any one building during the fiscal year shall not exceed 10 
percent of the current replacement value of the building.

    Office of the Under Secretary for Farm and Foreign Agricultural 
                                Services

    For necessary expenses of the Office of the Under Secretary for 
Farm and Foreign Agricultural Services, $646,000.

                          Farm Service Agency

                         salaries and expenses


                      (including transfers of funds)

    For necessary expenses of the Farm Service Agency, $1,170,273,000: 
Provided, That the Secretary is authorized to use the services, 
facilities, and authorities (but not the funds) of the Commodity Credit 
Corporation to make program payments for all programs administered by 
the Agency: Provided further, That other funds made available to the 
Agency for authorized activities may be advanced to and merged with 
this account.


                          state mediation grants

    For grants pursuant to section 502(b) of the Agricultural Credit 
Act of 1987, as amended (7 U.S.C. 5101-5106), $4,369,000.


                grassroots source water protection program

     For necessary expenses to carry out wellhead or groundwater 
protection activities under section 1240O of the Food Security Act of 
1985 (16 U.S.C. 3839bb-2), $5,000,000, to remain available until 
expended.


                         dairy indemnity program

                      (including transfer of funds)

    For necessary expenses involved in making indemnity payments to 
dairy farmers and manufacturers of dairy products under a dairy 
indemnity program, such sums as may be necessary, to remain available 
until expended: Provided, That such program is carried out by the 
Secretary in the same manner as the dairy indemnity program described 
in the Agriculture, Rural Development, Food and Drug Administration, 
and Related Agencies Appropriations Act, 2001 (Public Law 106-387, 114 
Stat. 1549A-12).


            agricultural credit insurance fund program account

                      (including transfers of funds)

    For gross obligations for the principal amount of direct and 
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7 
U.S.C. 1941 et seq.) loans, Indian tribe land acquisition loans (25 
U.S.C. 488), and boll weevil loans (7 U.S.C. 1989), to be available 
from funds in the Agricultural Credit Insurance Fund, as follows: farm 
ownership loans, $1,461,066,000, of which $1,238,768,000 shall be for 
unsubsidized guaranteed loans and $222,298,000 shall be for direct 
loans; operating loans, $1,862,578,000, of which $1,017,497,000 shall 
be for unsubsidized guaranteed loans, $269,986,000 shall be for 
subsidized guaranteed loans and $575,095,000 shall be for direct loans; 
Indian tribe land acquisition loans, $3,940,000; and for boll weevil 
eradication program loans, $100,000,000: Provided, That the Secretary 
shall deem the pink bollworm to be a boll weevil for the purpose of 
boll weevil eradication program loans.
    For the cost of direct and guaranteed loans, including the cost of 
modifying loans as defined in section 502 of the Congressional Budget 
Act of 1974, as follows: farm ownership loans, $16,803,000, of which 
$4,088,000 shall be for unsubsidized guaranteed loans, and $12,715,000 
shall be for direct loans; operating loans, $130,371,000, of which 
$25,336,000 shall be for unsubsidized guaranteed loans, $37,231,000 
shall be for subsidized guaranteed loans, and $67,804,000 shall be for 
direct loans; and Indian tribe land acquisition loans, $248,000.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $317,323,000, of which 
$309,403,000 shall be transferred to and merged with the appropriation 
for ``Farm Service Agency, Salaries and Expenses''.
    Funds appropriated by this Act to the Agricultural Credit Insurance 
Program Account for farm ownership and operating direct loans and 
guaranteed loans may be transferred among these programs: Provided, 
That the Committees on Appropriations of both Houses of Congress are 
notified at least 15 days in advance of any transfer.

                         Risk Management Agency

    For necessary expenses of the Risk Management Agency, $77,177,000: 
Provided, That the funds made available under section 522(e) of the 
Federal Crop Insurance Act (7 U.S.C. 1522(e)) may be used for the 
Common Information Management System: Provided further, That not to 
exceed $1,000 shall be available for official reception and 
representation expenses, as authorized by 7 U.S.C. 1506(i).

                              CORPORATIONS

    The following corporations and agencies are hereby authorized to 
make expenditures, within the limits of funds and borrowing authority 
available to each such corporation or agency and in accord with law, 
and to make contracts and commitments without regard to fiscal year 
limitations as provided by section 104 of the Government Corporation 
Control Act as may be necessary in carrying out the programs set forth 
in the budget for the current fiscal year for such corporation or 
agency, except as hereinafter provided.

                Federal Crop Insurance Corporation Fund

    For payments as authorized by section 516 of the Federal Crop 
Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain 
available until expended.

                   Commodity Credit Corporation Fund

                 reimbursement for net realized losses


                      (including transfers of funds)

    For the current fiscal year, such sums as may be necessary to 
reimburse the Commodity Credit Corporation for net realized losses 
sustained, but not previously reimbursed, pursuant to section 2 of the 
Act of August 17, 1961 (15 U.S.C. 713a-11): Provided, That of the funds 
available to the Commodity Credit Corporation under section 11 of the 
Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for the 
conduct of its business with the Foreign Agricultural Service, up to 
$5,000,000 may be transferred to and used by the Foreign Agricultural 
Service for information resource management activities of the Foreign 
Agricultural Service that are not related to Commodity Credit 
Corporation business.


                        hazardous waste management

                         (limitation on expenses)

    For the current fiscal year, the Commodity Credit Corporation shall 
not expend more than $5,000,000 for site investigation and cleanup 
expenses, and operations and maintenance expenses to comply with the 
requirement of section 107(g) of the Comprehensive Environmental 
Response, Compensation, and Liability Act (42 U.S.C. 9607(g)), and 
section 6001 of the Resource Conservation and Recovery Act (42 U.S.C. 
6961).

                                TITLE II

                         CONSERVATION PROGRAMS

  Office of the Under Secretary for Natural Resources and Environment

    For necessary expenses of the Office of the Under Secretary for 
Natural Resources and Environment, $758,000.

                 Natural Resources Conservation Service


                         conservation operations

    For necessary expenses for carrying out the provisions of the Act 
of April 27, 1935 (16 U.S.C. 590a-f), including preparation of 
conservation plans and establishment of measures to conserve soil and 
water (including farm irrigation and land drainage and such special 
measures for soil and water management as may be necessary to prevent 
floods and the siltation of reservoirs and to control agricultural 
related pollutants); operation of conservation plant materials centers; 
classification and mapping of soil; dissemination of information; 
acquisition of lands, water, and interests therein for use in the plant 
materials program by donation, exchange, or purchase at a nominal cost 
not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C. 
428a); purchase and erection or alteration or improvement of permanent 
and temporary buildings; and operation and maintenance of aircraft, 
$853,400,000, to remain available until September 30, 2010, of which 
$31,650,000 shall be for the purposes, and in the amounts, specified in 
the table titled ``Natural Resources Conservation Service, Conservation 
Operations Congressionally-designated Projects'' in the explanatory 
statement described in section 4 (in the matter preceding division A of 
this consolidated Act): Provided, That appropriations hereunder shall 
be available pursuant to 7 U.S.C. 2250 for construction and improvement 
of buildings and public improvements at plant materials centers, except 
that the cost of alterations and improvements to other buildings and 
other public improvements shall not exceed $250,000: Provided further, 
That when buildings or other structures are erected on non-Federal 
land, that the right to use such land is obtained as provided in 7 
U.S.C. 2250a.


                watershed and flood prevention operations

    For necessary expenses to carry out preventive measures, including 
but not limited to research, engineering operations, methods of 
cultivation, the growing of vegetation, rehabilitation of existing 
works and changes in use of land, in accordance with the Watershed 
Protection and Flood Prevention Act (16 U.S.C. 1001-1005 and 1007-
1009), the provisions of the Act of April 27, 1935 (16 U.S.C. 590a-f), 
and in accordance with the provisions of laws relating to the 
activities of the Department, $24,289,000, to remain available until 
expended, of which $23,643,000 shall be for the purposes, and in the 
amounts, specified in the table titled ``Natural Resources Conservation 
Service, Watershed and Flood Prevention Operations Congressionally-
designated Projects'' in the explanatory statement described in section 
4 (in the matter preceding division A of this consolidated Act): 
Provided, That not to exceed $15,000,000 of this appropriation shall be 
available for technical assistance.


                     watershed rehabilitation program

    For necessary expenses to carry out rehabilitation of structural 
measures, in accordance with section 14 of the Watershed Protection and 
Flood Prevention Act (16 U.S.C. 1012), and in accordance with the 
provisions of laws relating to the activities of the Department, 
$40,000,000, to remain available until expended.


                  resource conservation and development

     For necessary expenses in planning and carrying out projects for 
resource conservation and development and for sound land use pursuant 
to the provisions of sections 31 and 32 of the Bankhead-Jones Farm 
Tenant Act (7 U.S.C. 1010-1011; 76 Stat. 607); the Act of April 27, 
1935 (16 U.S.C. 590a-f); and subtitle H of title XV of the Agriculture 
and Food Act of 1981 (16 U.S.C. 3451-3461), $50,730,000: Provided, That 
not to exceed $3,073,000 shall be available for national headquarters 
activities.

                               TITLE III

                       RURAL DEVELOPMENT PROGRAMS

          Office of the Under Secretary for Rural Development

    For necessary expenses of the Office of the Under Secretary for 
Rural Development, $646,000.

                Rural Development Salaries and Expenses


                      (including transfers of funds)

    For necessary expenses for carrying out the administration and 
implementation of programs in the Rural Development mission area, 
including activities with institutions concerning the development and 
operation of agricultural cooperatives; and for cooperative agreements; 
$192,484,000: Provided, That notwithstanding any other provision of 
law, funds appropriated under this section may be used for advertising 
and promotional activities that support the Rural Development mission 
area: Provided further, That not more than $10,000 may be expended to 
provide modest nonmonetary awards to non-USDA employees: Provided 
further, That any balances available from prior years for the Rural 
Utilities Service, Rural Housing Service, and the Rural Business-
Cooperative Service salaries and expenses accounts shall be transferred 
to and merged with this appropriation.

                         Rural Housing Service


               rural housing insurance fund program account

                      (including transfers of funds)

    For gross obligations for the principal amount of direct and 
guaranteed loans as authorized by title V of the Housing Act of 1949, 
to be available from funds in the rural housing insurance fund, as 
follows: $7,345,347,000 for loans to section 502 borrowers, of which 
$1,121,488,000 shall be for direct loans, and of which $6,223,859,000 
shall be for unsubsidized guaranteed loans; $34,410,000 for section 504 
housing repair loans; $69,512,000 for section 515 rental housing; 
$129,090,000 for section 538 guaranteed multi-family housing loans; 
$5,045,000 for section 524 site loans; $11,447,000 for credit sales of 
acquired property, of which up to $1,447,000 may be for multi-family 
credit sales; and $4,970,000 for section 523 self-help housing land 
development loans.
    For the cost of direct and guaranteed loans, including the cost of 
modifying loans, as defined in section 502 of the Congressional Budget 
Act of 1974, as follows: section 502 loans, $154,407,000, of which 
$75,364,000 shall be for direct loans, and of which $79,043,000, to 
remain available until expended, shall be for unsubsidized guaranteed 
loans; section 504 housing repair loans, $9,246,000; repair, 
rehabilitation, and new construction of section 515 rental housing, 
$28,611,000; section 538 multi-family housing guaranteed loans, 
$8,082,000; credit sales of acquired property, $523,000; and section 
523 self-help housing and development loans, $82,000: Provided, That of 
the total amount appropriated in this paragraph, $2,500,000 shall be 
available through June 30, 2009, for authorized empowerment zones and 
enterprise communities and communities designated by the Secretary of 
Agriculture as Rural Economic Area Partnership Zones: Provided further, 
That, for applications received under the 2009 notice of funding 
availability, section 538 multi-family housing guaranteed loans funded 
pursuant to this paragraph shall not be subject to a guarantee fee and 
the interest on such loans may not be subsidized: Provided further, 
That any balances for a demonstration program for the preservation and 
revitalization of the section 515 multi-family rental housing 
properties as authorized by Public Law 109-97 and Public Law 110-5 
shall be transferred to and merged with the ``Rural Housing Service, 
Multi-family Housing Revitalization Program Account''.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $460,217,000, which shall be 
transferred to and merged with the appropriation for ``Rural 
Development, Salaries and Expenses''.


                        rental assistance program

    For rental assistance agreements entered into or renewed pursuant 
to the authority under section 521(a)(2) or agreements entered into in 
lieu of debt forgiveness or payments for eligible households as 
authorized by section 502(c)(5)(D) of the Housing Act of 1949, 
$902,500,000, to remain available through September 30, 2010; and, in 
addition, such sums as may be necessary, as authorized by section 
521(c) of the Act, to liquidate debt incurred prior to fiscal year 1992 
to carry out the rental assistance program under section 521(a)(2) of 
the Act: Provided, That of this amount, up to $5,958,000 shall be 
available for debt forgiveness or payments for eligible households as 
authorized by section 502(c)(5)(D) of the Act, and not to exceed 
$50,000 per project for advances to nonprofit organizations or public 
agencies to cover direct costs (other than purchase price) incurred in 
purchasing projects pursuant to section 502(c)(5)(C) of the Act: 
Provided further, That of this amount not less than $2,030,000 is 
available for newly constructed units financed by section 515 of the 
Housing Act of 1949, and not less than $3,400,000 is for newly 
constructed units financed under sections 514 and 516 of the Housing 
Act of 1949: Provided further, That rental assistance agreements 
entered into or renewed during the current fiscal year shall be funded 
for a one-year period: Provided further, That any unexpended balances 
remaining at the end of such one-year agreements may be transferred and 
used for the purposes of any debt reduction; maintenance, repair, or 
rehabilitation of any existing projects; preservation; and rental 
assistance activities authorized under title V of the Act: Provided 
further, That rental assistance provided under agreements entered into 
prior to fiscal year 2009 for a farm labor multi-family housing project 
financed under section 514 or 516 of the Act may not be recaptured for 
use in another project until such assistance has remained unused for a 
period of 12 consecutive months, if such project has a waiting list of 
tenants seeking such assistance or the project has rental assistance 
eligible tenants who are not receiving such assistance: Provided 
further, That such recaptured rental assistance shall, to the extent 
practicable, be applied to another farm labor multi-family housing 
project financed under section 514 or 516 of the Act.


           multi-family housing revitalization program account

    For the rural housing voucher program as authorized under section 
542 of the Housing Act of 1949, but notwithstanding subsection (b) of 
such section, for the cost to conduct a housing demonstration program 
to provide revolving loans for the preservation of low-income multi-
family housing projects, and for additional costs to conduct a 
demonstration program for the preservation and revitalization of multi-
family rental housing properties described in this paragraph, 
$27,714,000, to remain available until expended: Provided, That of the 
funds made available under this heading, $4,965,000 shall be available 
for rural housing vouchers to any low-income household (including those 
not receiving rental assistance) residing in a property financed with a 
section 515 loan which has been prepaid after September 30, 2005: 
Provided further, That the amount of such voucher shall be the 
difference between comparable market rent for the section 515 unit and 
the tenant paid rent for such unit: Provided further, That funds made 
available for such vouchers shall be subject to the availability of 
annual appropriations: Provided further, That the Secretary shall, to 
the maximum extent practicable, administer such vouchers with current 
regulations and administrative guidance applicable to section 8 housing 
vouchers administered by the Secretary of the Department of Housing and 
Urban Development (including the ability to pay administrative costs 
related to delivery of the voucher funds): Provided further, That if 
the Secretary determines that the amount made available for vouchers in 
this or any other Act is not needed for vouchers, the Secretary may use 
such funds for the demonstration programs for the preservation and 
revitalization of multi-family rental housing properties described in 
this paragraph: Provided further, That of the funds made available 
under this heading, $2,889,000 shall be available for the cost of loans 
to private non-profit organizations, or such non-profit organizations' 
affiliate loan funds and State and local housing finance agencies, to 
carry out a housing demonstration program to provide revolving loans 
for the preservation of low-income multi-family housing projects: 
Provided further, That loans under such demonstration program shall 
have an interest rate of not more than 1 percent direct loan to the 
recipient: Provided further, That the Secretary may defer the interest 
and principal payment to the Rural Housing Service for up to 3 years 
and the term of such loans shall not exceed 30 years: Provided further, 
That of the funds made available under this heading, $19,860,000 shall 
be available for a demonstration program for the preservation and 
revitalization of the section 514, 515, and 516 multi-family rental 
housing properties to restructure existing USDA multi-family housing 
loans, as the Secretary deems appropriate, expressly for the purposes 
of ensuring the project has sufficient resources to preserve the 
project for the purpose of providing safe and affordable housing for 
low-income residents and farm laborers including reducing or 
eliminating interest; deferring loan payments, subordinating, reducing 
or reamortizing loan debt; and other financial assistance including 
advances, payments and incentives (including the ability of owners to 
obtain reasonable returns on investment) required by the Secretary: 
Provided further, That the Secretary shall as part of the preservation 
and revitalization agreement obtain a restrictive use agreement 
consistent with the terms of the restructuring: Provided further, That 
if the Secretary determines that additional funds for vouchers 
described in this paragraph are needed, funds for the preservation and 
revitalization demonstration program may be used for such vouchers: 
Provided further, That the Secretary may use any unobligated funds 
appropriated for the rural housing voucher program in a prior fiscal 
year to support information technology activities of the Rural Housing 
Service to the extent the Secretary determines that additional funds 
are not needed for this fiscal year to provide vouchers described in 
this paragraph: Provided further, That if Congress enacts legislation 
to permanently authorize a section 515 multi-family rental housing loan 
restructuring program similar to the demonstration program described 
herein, the Secretary may use funds made available for the 
demonstration program under this heading to carry out such legislation 
with the prior approval of the Committees on Appropriations of both 
Houses of Congress.


                   mutual and self-help housing grants

    For grants and contracts pursuant to section 523(b)(1)(A) of the 
Housing Act of 1949 (42 U.S.C. 1490c), $38,727,000, to remain available 
until expended: Provided, That of the total amount appropriated, 
$1,000,000 shall be available through June 30, 2009, for authorized 
empowerment zones and enterprise communities and communities designated 
by the Secretary of Agriculture as Rural Economic Area Partnership 
Zones.


                     rural housing assistance grants

                      (including transfer of funds)

    For grants and contracts for very low-income housing repair, 
supervisory and technical assistance, compensation for construction 
defects, and rural housing preservation made by the Rural Housing 
Service, as authorized by 42 U.S.C. 1474, 1479(c), 1490e, and 1490m, 
$41,500,000, to remain available until expended: Provided, That of the 
total amount appropriated, $1,200,000 shall be available through June 
30, 2009, for authorized empowerment zones and enterprise communities 
and communities designated by the Secretary of Agriculture as Rural 
Economic Area Partnership Zones: Provided further, That any balances to 
carry out a housing demonstration program to provide revolving loans 
for the preservation of low-income multi-family housing projects as 
authorized in Public Law 108-447 and Public Law 109-97 shall be 
transferred to and merged with the ``Rural Housing Service, Multi-
family Housing Revitalization Program Account''.


                        farm labor program account

    For the cost of direct loans, grants, and contracts, as authorized 
by 42 U.S.C. 1484 and 1486, $18,269,000, to remain available until 
expended, for direct farm labor housing loans and domestic farm labor 
housing grants and contracts.


                Rural Community Facilities Program Account

                      (including transfers of funds)

    For the cost of direct loans, loan guarantees, and grants for rural 
community facilities programs as authorized by section 306 and 
described in section 381E(d)(1) of the Consolidated Farm and Rural 
Development Act, $63,830,000, to remain available until expended: 
Provided, That $6,256,000 of the amount appropriated under this heading 
shall be available for a Rural Community Development Initiative: 
Provided further, That such funds shall be used solely to develop the 
capacity and ability of private, nonprofit community-based housing and 
community development organizations, low-income rural communities, and 
Federally Recognized Native American Tribes to undertake projects to 
improve housing, community facilities, community and economic 
development projects in rural areas: Provided further, That such funds 
shall be made available to qualified private, nonprofit and public 
intermediary organizations proposing to carry out a program of 
financial and technical assistance: Provided further, That such 
intermediary organizations shall provide matching funds from other 
sources, including Federal funds for related activities, in an amount 
not less than funds provided: Provided further, That $10,000,000 of the 
amount appropriated under this heading shall be to provide grants for 
facilities in rural communities with extreme unemployment and severe 
economic depression (Public Law 106-387), with up to 5 percent for 
administration and capacity building in the State rural development 
offices: Provided further, That $3,972,000 of the amount appropriated 
under this heading shall be available for community facilities grants 
to tribal colleges, as authorized by section 306(a)(19) of such Act: 
Provided further, That not to exceed $1,000,000 of the amount 
appropriated under this heading shall be available through June 30, 
2009, for authorized empowerment zones and enterprise communities and 
communities designated by the Secretary of Agriculture as Rural 
Economic Area Partnership Zones for the rural community programs 
described in section 381E(d)(1) of the Consolidated Farm and Rural 
Development Act: Provided further, That sections 381E-H and 381N of the 
Consolidated Farm and Rural Development Act are not applicable to the 
funds made available under this heading: Provided further, That any 
prior balances in the Rural Development, Rural Community Advancement 
Program account for programs authorized by section 306 and described in 
section 381E(d)(1) of such Act be transferred and merged with this 
account and any other prior balances from the Rural Development, Rural 
Community Advancement Program account that the Secretary determines is 
appropriate to transfer.

                  Rural Business--Cooperative Service


                      rural business program account

                      (including transfers of funds)

    For the cost of loan guarantees and grants, for the rural business 
development programs authorized by sections 306 and 310B and described 
in sections 310B(f) and 381E(d)(3) of the Consolidated Farm and Rural 
Development Act, $87,385,000, to remain available until expended: 
Provided, That of the amount appropriated under this heading, not to 
exceed $500,000 shall be made available for a grant to a qualified 
national organization to provide technical assistance for rural 
transportation in order to promote economic development and $2,979,000 
shall be for grants to the Delta Regional Authority (7 U.S.C. 1921 et 
seq.) for any Rural Community Advancement Program purpose as described 
in section 381E(d) of the Consolidated Farm and Rural Development Act, 
of which not more than 5 percent may be used for administrative 
expenses: Provided further, That $4,000,000 of the amount appropriated 
under this heading shall be for business grants to benefit Federally 
Recognized Native American Tribes, including $250,000 for a grant to a 
qualified national organization to provide technical assistance for 
rural transportation in order to promote economic development: Provided 
further, That not to exceed $8,300,000 of the amount appropriated under 
this heading shall be available through June 30, 2009, for authorized 
empowerment zones and enterprise communities and communities designated 
by the Secretary of Agriculture as Rural Economic Area Partnership 
Zones for the rural business and cooperative development programs 
described in section 381E(d)(3) of the Consolidated Farm and Rural 
Development Act: Provided further, That sections 381E-H and 381N of the 
Consolidated Farm and Rural Development Act are not applicable to funds 
made available under this heading: Provided further, That any prior 
balances in the Rural Development, Rural Community Advancement Program 
account for programs authorized by sections 306 and 310B and described 
in sections 310B(f) and 381E(d)(3) of such Act be transferred and 
merged with this account and any other prior balances from the Rural 
Development, Rural Community Advancement Program account that the 
Secretary determines is appropriate to transfer.


               rural development loan fund program account

                      (including transfer of funds)

    For the principal amount of direct loans, as authorized by the 
Rural Development Loan Fund (42 U.S.C. 9812(a)), $33,536,000.
    For the cost of direct loans, $14,035,000, as authorized by the 
Rural Development Loan Fund (42 U.S.C. 9812(a)), of which $1,724,000 
shall be available through June 30, 2009, for Federally Recognized 
Native American Tribes and of which $3,449,000 shall be available 
through June 30, 2009, for Mississippi Delta Region counties (as 
determined in accordance with Public Law 100-460): 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 of the total amount appropriated, $880,000 shall be 
available through June 30, 2009, for the cost of direct loans for 
authorized empowerment zones and enterprise communities and communities 
designated by the Secretary of Agriculture as Rural Economic Area 
Partnership Zones.
    In addition, for administrative expenses to carry out the direct 
loan programs, $4,853,000 shall be transferred to and merged with the 
appropriation for ``Rural Development, Salaries and Expenses''.


             Rural Economic Development Loans Program Account

                     (including rescission of funds)

    For the principal amount of direct loans, as authorized under 
section 313 of the Rural Electrification Act, for the purpose of 
promoting rural economic development and job creation projects, 
$33,077,000.
    Of the funds derived from interest on the cushion of credit 
payments, as authorized by section 313 of the Rural Electrification Act 
of 1936, $20,000,000 shall not be obligated and $20,000,000 are 
rescinded.


                   rural cooperative development grants

    For rural cooperative development grants authorized under section 
310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 
1932), $12,636,000, of which $300,000 shall be for a cooperative 
research agreement with a qualified academic institution to conduct 
research on the national economic impact of all types of cooperatives; 
and of which $2,582,000 shall be for cooperative agreements for the 
appropriate technology transfer for rural areas program: Provided, That 
not to exceed $1,463,000 shall be for cooperatives or associations of 
cooperatives whose primary focus is to provide assistance to small, 
socially disadvantaged producers and whose governing board and/or 
membership is comprised of at least 75 percent socially disadvantaged 
members; and of which $3,867,000, to remain available until expended, 
shall be for value-added agricultural product market development 
grants, as authorized by section 231 of the Agricultural Risk 
Protection Act of 2000 (7 U.S.C. 1621 note).


        rural empowerment zones and enterprise communities grants

     For grants in connection with empowerment zones and enterprise 
communities, $8,130,000, to remain available until expended, for 
designated rural empowerment zones and rural enterprise communities, as 
authorized by the Taxpayer Relief Act of 1997 and the Omnibus 
Consolidated and Emergency Supplemental Appropriations Act, 1999 
(Public Law 105-277): Provided, That the funds provided under this 
paragraph shall be made available to empowerment zones and enterprise 
communities in a manner and with the same priorities such funds were 
made available during the 2007 fiscal year.


                     rural energy for america program

    For the cost of a program of loan guarantees and grants, under the 
same terms and conditions as authorized by section 9007 of the Farm 
Security and Rural Investment Act of 2002 (7 U.S.C. 8107), $5,000,000: 
Provided, That the cost of loan guarantees, including the cost of 
modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974.

                        Rural Utilities Service


              Rural Water and Waste Disposal Program Account

                      (including transfers of funds)

    For the cost of direct loans, loan guarantees, and grants for the 
rural water, waste water, waste disposal, and solid waste management 
programs authorized by sections 306, 306A, 306C, 306D, and 310B and 
described in sections 306C(a)(2), 306D, and 381E(d)(2) of the 
Consolidated Farm and Rural Development Act, $556,268,000, to remain 
available until expended, of which not to exceed $497,000 shall be 
available for the rural utilities program described in section 
306(a)(2)(B) of such Act, and of which not to exceed $993,000 shall be 
available for the rural utilities program described in section 306E of 
such Act: Provided, That $65,000,000 of the amount appropriated under 
this heading shall be for loans and grants including water and waste 
disposal systems grants authorized by 306C(a)(2)(B) and 306D of the 
Consolidated Farm and Rural Development Act and for Federally-
recognized Native American Tribes authorized by 306C(a)(1): Provided 
further, That not to exceed $19,000,000 of the amount appropriated 
under this heading shall be for technical assistance grants for rural 
water and waste systems pursuant to section 306(a)(14) of such Act, 
unless the Secretary makes a determination of extreme need, of which 
$5,600,000 shall be made available for a grant to a qualified non-
profit multi-state regional technical assistance organization, with 
experience in working with small communities on water and waste water 
problems, the principal purpose of such grant shall be to assist rural 
communities with populations of 3,300 or less, in improving the 
planning, financing, development, operation, and management of water 
and waste water systems, and of which not less than $800,000 shall be 
for a qualified national Native American organization to provide 
technical assistance for rural water systems for tribal communities: 
Provided further, That not to exceed $14,000,000 of the amount 
appropriated under this heading shall be for contracting with qualified 
national organizations for a circuit rider program to provide technical 
assistance for rural water systems: Provided further, That not to 
exceed $12,700,000 of the amount appropriated under this heading shall 
be available through June 30, 2009, for authorized empowerment zones 
and enterprise communities and communities designated by the Secretary 
of Agriculture as Rural Economic Area Partnership Zones for the rural 
utilities programs described in section 381E(d)(2) of such Act: 
Provided further, That $17,500,000 of the amount appropriated under 
this heading shall be transferred to, and merged with, the Rural 
Utilities Service, High Energy Cost Grants Account to provide grants 
authorized under section 19 of the Rural Electrification Act of 1936 (7 
U.S.C. 918a): Provided further, That any prior year balances for high 
cost energy grants authorized by section 19 of the Rural 
Electrification Act of 1936 (7 U.S.C. 901(19)) shall be transferred to 
and merged with the Rural Utilities Service, High Energy Costs Grants 
Account: Provided further, That sections 381E-H and 381N of the 
Consolidated Farm and Rural Development Act are not applicable to the 
funds made available under this heading: Provided further, That any 
prior balances in the Rural Development, Rural Community Advancement 
Program account programs authorized by sections 306, 306A, 306C, 306D, 
and 310B and described in sections 306C(a)(2), 306D, and 381E(d)(2) of 
such Act be transferred to and merged with this account and any other 
prior balances from the Rural Development, Rural Community Advancement 
Program account that the Secretary determines is appropriate to 
transfer.


    rural electrification and telecommunications loans program account

                      (including transfer of funds)

    The principal amount of direct and guaranteed loans as authorized 
by section 305 of the Rural Electrification Act of 1936 (7 U.S.C. 935) 
shall be made as follows: 5 percent rural electrification loans, 
$100,000,000; loans made pursuant to section 306 of that Act, rural 
electric, $6,500,000,000; 5 percent rural telecommunications loans, 
$145,000,000; cost of money rural telecommunications loans, 
$250,000,000; and for loans made pursuant to section 306 of that Act, 
rural telecommunications loans, $295,000,000.
    For the cost, as defined in section 502 of the Congressional Budget 
Act of 1974, including the cost of modifying loans, of direct and 
guaranteed loans authorized by sections 305 and 306 of the Rural 
Electrification Act of 1936 (7 U.S.C. 935 and 936), as follows: the 
cost of telecommunications loans, $525,000: Provided, That 
notwithstanding section 305(d)(2) of the Rural Electrification Act of 
1936, borrower interest rates may exceed 7 percent per year.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $39,245,000, which shall be 
transferred to and merged with the appropriation for ``Rural 
Development, Salaries and Expenses''.


          distance learning, telemedicine, and broadband program

                     (including rescission of funds)

    For the principal amount of broadband telecommunication loans, 
$400,487,000.
    For grants for telemedicine and distance learning services in rural 
areas, as authorized by 7 U.S.C. 950aaa et seq., $34,755,000, to remain 
available until expended: Provided, That the Secretary may use funds 
under this heading for grants authorized by 379(g) of the Consolidated 
Farm and Rural Development Act: Provided further, That $4,965,000 shall 
be made available to convert analog to digital operation those 
noncommercial educational television broadcast stations that serve 
rural areas and are qualified for Community Service Grants by the 
Corporation for Public Broadcasting under section 396(k) of the 
Communications Act of 1934, including associated translators and 
repeaters, regardless of the location of their main transmitter, 
studio-to-transmitter links, and equipment to allow local control over 
digital content and programming through the use of high-definition 
broadcast, multi-casting and datacasting technologies.
    For the cost of broadband loans, as authorized by section 601 of 
the Rural Electrification Act, $15,619,000, to remain available until 
expended: Provided, That the cost of direct loans shall be as defined 
in section 502 of the Congressional Budget Act of 1974: Provided 
further, That of the unobligated balances available for the cost of the 
broadband loans, $6,404,000 are rescinded.
    In addition, $13,406,000, to remain available until expended, for a 
grant program to finance broadband transmission in rural areas eligible 
for Distance Learning and Telemedicine Program benefits authorized by 7 
U.S.C. 950aaa.

                                TITLE IV

                         DOMESTIC FOOD PROGRAMS

Office of the Under Secretary for Food, Nutrition and Consumer Services

    For necessary expenses of the Office of the Under Secretary for 
Food, Nutrition and Consumer Services, $610,000.

                       Food and Nutrition Service


                         child nutrition programs

                      (including transfers of funds)

    In lieu of the amounts made available in section 14222(b) of the 
Food, Conservation, and Energy Act of 2008, for necessary expenses to 
carry out the Richard B. Russell National School Lunch Act (42 U.S.C. 
1751 et seq.), except section 21, and the Child Nutrition Act of 1966 
(42 U.S.C. 1771 et seq.), except sections 17 and 21; $14,951,911,000, 
to remain available through September 30, 2010, of which $8,496,109,000 
is hereby appropriated and $6,455,802,000 shall be derived by transfer 
from funds available under section 32 of the Act of August 24, 1935 (7 
U.S.C. 612c).


     special supplemental nutrition program for women, infants, and 
                             children (wic)

    For necessary expenses to carry out the special supplemental 
nutrition program as authorized by section 17 of the Child Nutrition 
Act of 1966 (42 U.S.C. 1786), $6,860,000,000, to remain available 
through September 30, 2010, of which such sums as are necessary to 
restore the contingency reserve to $125,000,000 shall be placed in 
reserve, to remain available until expended, to be allocated as the 
Secretary deems necessary, notwithstanding section 17(i) of such Act, 
to support participation should cost or participation exceed budget 
estimates: Provided, That of the total amount available, the Secretary 
shall obligate not less than $14,850,000 for a breastfeeding support 
initiative in addition to the activities specified in section 
17(h)(3)(A): Provided further, That, notwithstanding section 
17(h)(10)(A) of such Act, only the provisions of section 
17(h)(10)(B)(i) and section 17(h)(10)(B)(ii) shall be effective in 
2009; including $14,000,000 for the purposes specified in section 
17(h)(10)(B)(i): Provided further, That funds made available for the 
purposes specified in section 17(h)(10)(B)(ii) shall only be made 
available upon determination by the Secretary that funds are available 
to meet caseload requirements without the use of the contingency 
reserve funds after the date of enactment of this Act: Provided 
further, That hereafter none of the funds in this Act shall be 
available to pay administrative expenses of WIC clinics except those 
that have an announced policy of prohibiting smoking within the space 
used to carry out the program: Provided further, That none of the funds 
provided in this account shall be available for the purchase of infant 
formula except in accordance with the cost containment and competitive 
bidding requirements specified in section 17 of such Act: Provided 
further, That none of the funds provided shall be available for 
activities that are not fully reimbursed by other Federal Government 
departments or agencies unless authorized by section 17 of such Act.


                supplemental nutrition assistance program

    For necessary expenses to carry out the Food and Nutrition Act of 
2008 (7 U.S.C. 2011 et seq.), $53,969,246,000, of which $3,000,000,000, 
to remain available through September 30, 2010, shall be placed in 
reserve for use only in such amounts and at such times as may become 
necessary to carry out program operations: Provided, That funds 
provided herein shall be expended in accordance with section 16 of the 
Food and Nutrition Act of 2008: Provided further, That this 
appropriation shall be subject to any work registration or workfare 
requirements as may be required by law: Provided further, That funds 
made available for Employment and Training under this heading shall 
remain available until expended, as authorized by section 16(h)(1) of 
the Food and Nutrition Act of 2008: Provided further, That funds made 
available under this heading may be used to enter into contracts and 
employ staff to conduct studies, evaluations, or to conduct activities 
related to program integrity provided that such activities are 
authorized by the Food and Nutrition Act of 2008.


                       commodity assistance program

    For necessary expenses to carry out disaster assistance and the 
Commodity Supplemental Food Program as authorized by section 4(a) of 
the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c 
note); the Emergency Food Assistance Act of 1983; special assistance 
for the nuclear affected islands, as authorized by section 103(f)(2) of 
the Compact of Free Association Amendments Act of 2003 (Public Law 108-
188); and the Farmers' Market Nutrition Program, as authorized by 
section 17(m) of the Child Nutrition Act of 1966, $230,800,000, to 
remain available through September 30, 2010: Provided, That none of 
these funds shall be available to reimburse the Commodity Credit 
Corporation for commodities donated to the program: Provided further, 
That notwithstanding any other provision of law, effective with funds 
made available in fiscal year 2009 to support the Seniors Farmers' 
Market Nutrition Program, as authorized by section 4402 of the Farm 
Security and Rural Investment Act of 2002, such funds shall remain 
available through September 30, 2010: Provided further, That of the 
funds made available under section 27(a) of the Food and Nutrition Act 
of 2008 (7 U.S.C. 2036(a)), the Secretary may use up to 10 percent for 
costs associated with the distribution of commodities.


                    nutrition programs administration

    For necessary administrative expenses of the Food and Nutrition 
Service for carrying out any domestic nutrition assistance program, 
$142,595,000.

                                TITLE V

                FOREIGN ASSISTANCE AND RELATED PROGRAMS

                      Foreign Agricultural Service


                          salaries and expenses

                      (including transfers of funds)

    For necessary expenses of the Foreign Agricultural Service, 
including not to exceed $158,000 for representation allowances and for 
expenses pursuant to section 8 of the Act approved August 3, 1956 (7 
U.S.C. 1766), $165,436,000: Provided, That the Service may utilize 
advances of funds, or reimburse this appropriation for expenditures 
made on behalf of Federal agencies, public and private organizations 
and institutions under agreements executed pursuant to the agricultural 
food production assistance programs (7 U.S.C. 1737) and the foreign 
assistance programs of the United States Agency for International 
Development: Provided further, That funds made available for the cost 
of agreements under title I of the Agricultural Trade Development and 
Assistance Act of 1954 and for title I ocean freight differential may 
be used interchangeably between the two accounts with prior notice to 
the Committees on Appropriations of both Houses of Congress.


   public law 480 title i direct credit and food for progress program 
                                account

                      (including transfers of funds)

    For administrative expenses to carry out the credit program of 
title I, Public Law 83-480 and the Food for Progress Act of 1985, 
$2,736,000, to be transferred to and merged with the appropriation for 
``Farm Service Agency, Salaries and Expenses''.


                      public law 480 title ii grants

    For expenses during the current fiscal year, not otherwise 
recoverable, and unrecovered prior years' costs, including interest 
thereon, under the Food for Peace Act, for commodities supplied in 
connection with dispositions abroad under title II of said Act, 
$1,225,900,000, to remain available until expended.


        commodity credit corporation export loans program account

                      (including transfers of funds)

    For administrative expenses to carry out the Commodity Credit 
Corporation's export guarantee program, GSM 102 and GSM 103, 
$5,333,000; to cover common overhead expenses as permitted by section 
11 of the Commodity Credit Corporation Charter Act and in conformity 
with the Federal Credit Reform Act of 1990, of which $4,985,000 shall 
be transferred to and merged with the appropriation for ``Foreign 
Agricultural Service, Salaries and Expenses'', and of which $348,000 
shall be transferred to and merged with the appropriation for ``Farm 
Service Agency, Salaries and Expenses''.


   mcgovern-dole international food for education and child nutrition 
                             program grants

    For necessary expenses to carry out the provisions of section 3107 
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-
1), $100,000,000, to remain available until expended: Provided, That 
the Commodity Credit Corporation is authorized to provide the services, 
facilities, and authorities for the purpose of implementing such 
section, subject to reimbursement from amounts provided herein.

                                TITLE VI

            RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration


                          salaries and expenses

    For necessary expenses of the Food and Drug Administration, 
including hire and purchase of passenger motor vehicles; for payment of 
space rental and related costs pursuant to Public Law 92-313 for 
programs and activities of the Food and Drug Administration which are 
included in this Act; for rental of special purpose space in the 
District of Columbia or elsewhere; for miscellaneous and emergency 
expenses of enforcement activities, authorized and approved by the 
Secretary and to be accounted for solely on the Secretary's 
certificate, not to exceed $25,000; and notwithstanding section 521 of 
Public Law 107-188; $2,622,267,000, of which $7,641,000 shall be for 
the purposes, and in the amounts, specified in the final paragraph 
under ``Food and Drug Administration, Salaries and Expenses'' in the 
explanatory statement described in section 4 (in the matter preceding 
division A of this consolidated Act): Provided, That of the amount 
provided under this heading, $510,665,000 shall be derived from 
prescription drug user fees authorized by 21 U.S.C. 379h shall be 
credited to this account and remain available until expended, and shall 
not include any fees pursuant to 21 U.S.C. 379h(a)(2) and (a)(3) 
assessed for fiscal year 2010 but collected in fiscal year 2009; 
$52,547,000 shall be derived from medical device user fees authorized 
by 21 U.S.C. 379j, and shall be credited to this account and remain 
available until expended; $15,260,000 shall be derived from animal drug 
user fees authorized by 21 U.S.C. 379j, and shall be credited to this 
account and remain available until expended; and $4,831,000 shall be 
derived from animal generic drug user fees authorized by 21 U.S.C. 
379f, and shall be credited to this account and shall remain available 
until expended: Provided further, That fees derived from prescription 
drug, medical device, animal drug, and animal generic drug assessments 
for fiscal year 2009 received during fiscal year 2009, including any 
such fees assessed prior to fiscal year 2009 but credited for fiscal 
year 2009, shall be subject to the fiscal year 2009 limitations: 
Provided further, That none of these funds shall be used to develop, 
establish, or operate any program of user fees authorized by 31 U.S.C. 
9701: Provided further, That of the total amount appropriated: (1) 
$648,722,000 shall be for the Center for Food Safety and Applied 
Nutrition and related field activities in the Office of Regulatory 
Affairs; (2) $777,437,000 shall be for the Center for Drug Evaluation 
and Research and related field activities in the Office of Regulatory 
Affairs, of which no less than $41,358,000 shall be available for the 
Office of Generic Drugs; (3) $271,490,000 shall be for the Center for 
Biologics Evaluation and Research and for related field activities in 
the Office of Regulatory Affairs; (4) $134,344,000 shall be for the 
Center for Veterinary Medicine and for related field activities in the 
Office of Regulatory Affairs; (5) $310,547,000 shall be for the Center 
for Devices and Radiological Health and for related field activities in 
the Office of Regulatory Affairs; (6) $52,511,000 shall be for the 
National Center for Toxicological Research; (7) not to exceed 
$111,758,000 shall be for Rent and Related activities, of which 
$41,281,000 is for White Oak Consolidation, other than the amounts paid 
to the General Services Administration for rent; (8) not to exceed 
$155,425,000 shall be for payments to the General Services 
Administration for rent; and (9) $160,033,000 shall be for other 
activities, including the Office of the Commissioner; the Office of 
Scientific and Medical Programs; the Office of Policy, Planning and 
Preparedness; the Office of International and Special Programs; the 
Office of Operations; and central services for these offices: Provided 
further, That none of the funds made available under this heading shall 
be used to transfer funds under section 770(n) of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 379dd): Provided further, That funds 
may be transferred from one specified activity to another with the 
prior approval of the Committees on Appropriations of both Houses of 
Congress.
    In addition, mammography user fees authorized by 42 U.S.C. 263b, 
export certification user fees authorized by 21 U.S.C. 381, and 
priority review user fees authorized by 21 U.S.C. 360n may be credited 
to this account, to remain available until expended.


                         buildings and facilities

    For plans, construction, repair, improvement, extension, 
alteration, and purchase of fixed equipment or facilities of or used by 
the Food and Drug Administration, where not otherwise provided, 
$12,433,000, to remain available until expended.

                           INDEPENDENT AGENCY

                       Farm Credit Administration


                  limitation on administrative expenses

    Not to exceed $49,000,000 (from assessments collected from farm 
credit institutions, including the Federal Agricultural Mortgage 
Corporation) shall be obligated during the current fiscal year for 
administrative expenses as authorized under 12 U.S.C. 2249: Provided, 
That this limitation shall not apply to expenses associated with 
receiverships.

                               TITLE VII

                           GENERAL PROVISIONS


              (including rescission and transfers of funds)

    Sec. 701. Within the unit limit of cost fixed by law, 
appropriations and authorizations made for the Department of 
Agriculture for the current fiscal year under this Act shall be 
available for the purchase, in addition to those specifically provided 
for, of not to exceed 327 passenger motor vehicles, of which 315 shall 
be for replacement only, and for the hire of such vehicles.
    Sec. 702. New obligational authority provided for the following 
appropriation items in this Act shall remain available until expended: 
Food Safety and Inspection Service, Public Health Data Communication 
Infrastructure System; Farm Service Agency, salaries and expenses funds 
made available to county committees; Foreign Agricultural Service, 
middle-income country training program, and up to $2,000,000 of the 
Foreign Agricultural Service appropriation solely for the purpose of 
offsetting fluctuations in international currency exchange rates, 
subject to documentation by the Foreign Agricultural Service.
    Sec. 703. The Secretary of Agriculture may transfer unobligated 
balances of discretionary funds appropriated by this Act or other 
available unobligated discretionary balances of the Department of 
Agriculture to the Working Capital Fund for the acquisition of plant 
and capital equipment necessary for the financial management 
modernization initiative and the delivery of financial, administrative, 
and information technology services of primary benefit to the agencies 
of the Department of Agriculture: Provided, That none of the funds made 
available by this Act or any other Act shall be transferred to the 
Working Capital Fund without the prior approval of the agency 
administrator: Provided further, That none of the funds transferred to 
the Working Capital Fund pursuant to this section shall be available 
for obligation without the prior approval of the Committees on 
Appropriations of both Houses of Congress: Provided further, That none 
of the funds appropriated by this Act or made available to the 
Department's Working Capital Fund shall be available for obligation or 
expenditure to make any changes to the Department's National Finance 
Center without prior approval of the Committees on Appropriations of 
both Houses of Congress as required by section 712 of this Act.
    Sec. 704. 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. 705. No funds appropriated by this Act may be used to pay 
negotiated indirect cost rates on cooperative agreements or similar 
arrangements between the United States Department of Agriculture and 
nonprofit institutions in excess of 10 percent of the total direct cost 
of the agreement when the purpose of such cooperative arrangements is 
to carry out programs of mutual interest between the two parties. This 
does not preclude appropriate payment of indirect costs on grants and 
contracts with such institutions when such indirect costs are computed 
on a similar basis for all agencies for which appropriations are 
provided in this Act.
    Sec. 706. Appropriations to the Department of Agriculture for the 
cost of direct and guaranteed loans made available in the current 
fiscal year shall remain available until expended to disburse 
obligations made in the current fiscal year for the following accounts: 
the Rural Development Loan Fund program account, the Rural 
Electrification and Telecommunication Loans program account, and the 
Rural Housing Insurance Fund program account.
    Sec. 707. Of the funds made available by this Act, not more than 
$1,800,000 shall be used to cover necessary expenses of activities 
related to all advisory committees, panels, commissions, and task 
forces of the Department of Agriculture, except for panels used to 
comply with negotiated rule makings and panels used to evaluate 
competitively awarded grants.
    Sec. 708. None of the funds appropriated by this Act may be used to 
carry out section 410 of the Federal Meat Inspection Act (21 U.S.C. 
679a) or section 30 of the Poultry Products Inspection Act (21 U.S.C. 
471).
    Sec. 709. No employee of the Department of Agriculture may be 
detailed or assigned from an agency or office funded by this Act to any 
other agency or office of the Department for more than 30 days unless 
the individual's employing agency or office is fully reimbursed by the 
receiving agency or office for the salary and expenses of the employee 
for the period of assignment.
    Sec. 710. None of the funds appropriated or otherwise made 
available to the Department of Agriculture or the Food and Drug 
Administration shall be used to transmit or otherwise make available to 
any non-Department of Agriculture or non-Department of Health and Human 
Services employee questions or responses to questions that are a result 
of information requested for the appropriations hearing process.
    Sec. 711. None of the funds made available to the Department of 
Agriculture by this Act may be used to acquire new information 
technology systems or significant upgrades, as determined by the Office 
of the Chief Information Officer, without the approval of the Chief 
Information Officer and the concurrence of the Executive Information 
Technology Investment Review Board: Provided, That notwithstanding any 
other provision of law, none of the funds appropriated or otherwise 
made available by this Act may be transferred to the Office of the 
Chief Information Officer without the prior approval of the Committees 
on Appropriations of both Houses of Congress: Provided further, That 
none of the funds available to the Department of Agriculture for 
information technology shall be obligated for projects over $25,000 
prior to receipt of written approval by the Chief Information Officer.
    Sec. 712. (a) None of the funds provided by this Act, or provided 
by previous Appropriations Acts to the agencies funded by this Act that 
remain available for obligation or expenditure in the current fiscal 
year, 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 which--
        (1) creates new programs;
        (2) eliminates a program, project, or activity;
        (3) increases funds or personnel by any means for any project 
    or activity for which funds have been denied or restricted;
        (4) relocates an office or employees;
        (5) reorganizes offices, programs, or activities; or
        (6) contracts out or privatizes any functions or activities 
    presently performed by Federal employees; unless the Committees on 
    Appropriations of both Houses of Congress are notified 15 days in 
    advance of such reprogramming of funds.
    (b) None of the funds provided by this Act, or provided by previous 
Appropriations Acts to the agencies funded by this Act that remain 
available for obligation or expenditure in the current fiscal year, 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 for activities, 
programs, or projects through a reprogramming of funds in excess of 
$500,000 or 10 percent, which-ever 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 Congress; or (3) results from any general 
savings from a reduction in personnel which would result in a change in 
existing programs, activities, or projects as approved by Congress; 
unless the Committees on Appropriations of both Houses of Congress are 
notified 15 days in advance of such reprogramming of funds.
    (c) The Secretary of Agriculture or the Secretary of Health and 
Human Services shall notify the Committees on Appropriations of both 
Houses of Congress before implementing a program or activity not 
carried out during the previous fiscal year unless the program or 
activity is funded by this Act or specifically funded by any other Act.
    Sec. 713. None of the funds appropriated by this or any other Act 
shall be used to pay the salaries and expenses of personnel who prepare 
or submit appropriations language as part of the President's Budget 
submission to the Congress of the United States for programs under the 
jurisdiction of the Appropriations Subcommittees on Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies that 
assumes revenues or reflects a reduction from the previous year due to 
user fees proposals that have not been enacted into law prior to the 
submission of the Budget unless such Budget submission identifies which 
additional spending reductions should occur in the event the user fees 
proposals are not enacted prior to the date of the convening of a 
committee of conference for the fiscal year 2010 appropriations Act.
    Sec. 714. None of the funds made available by this or any other Act 
may be used to close or relocate a Rural Development office unless or 
until the Secretary of Agriculture determines the cost effectiveness 
and/or enhancement of program delivery: Provided, That not later than 
120 days before the date of the proposed closure or relocation, the 
Secretary notifies the Committees on Appropriation of the House and 
Senate, and the members of Congress from the State in which the office 
is located of the proposed closure or relocation and provides a report 
that describes the justifications for such closures and relocations.
    Sec. 715. None of the funds made available to the Food and Drug 
Administration by this Act shall be used to close or relocate, or to 
plan to close or relocate, the Food and Drug Administration Division of 
Pharmaceutical Analysis in St. Louis, Missouri, outside the city or 
county limits of St. Louis, Missouri.
    Sec. 716. There is hereby appropriated $434,000, to remain 
available until expended, for the Denali Commission to address 
deficiencies in solid waste disposal sites which threaten to 
contaminate rural drinking water supplies.
    Sec. 717. None of the funds appropriated or otherwise made 
available by this or any other Act shall be used to pay the salaries 
and expenses of personnel to carry out an environmental quality 
incentives program authorized by chapter 4 of subtitle D of title XII 
of the Food Security Act of 1985 (16 U.S.C. 3839aa, et seq.) in excess 
of $1,067,000,000.
    Sec. 718. None of the funds made available in fiscal year 2009 or 
preceding fiscal years for programs authorized under the Food for Peace 
Act (7 U.S.C. 1691 et seq.) in excess of $20,000,000 shall be used to 
reimburse the Commodity Credit Corporation for the release of eligible 
commodities under section 302(f)(2)(A) of the Bill Emerson Humanitarian 
Trust Act (7 U.S.C. 1736f-1): Provided, That any such funds made 
available to reimburse the Commodity Credit Corporation shall only be 
used pursuant to section 302(b)(2)(B)(i) of the Bill Emerson 
Humanitarian Trust Act.
     Sec. 719. No funds shall be used to pay salaries and expenses of 
the Department of Agriculture to carry out or administer the program 
authorized by section 14(h)(1) of the Watershed Protection and Flood 
Prevention Act (16 U.S.C. 1012(h)(1)).
    Sec. 720. Funds made available under section 1240I and section 
1241(a) of the Food Security Act of 1985 and section 524(b) of the 
Federal Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal 
year shall remain available until expended to disburse obligations made 
in the current fiscal year.
    Sec. 721. Unless otherwise authorized by existing law, none of the 
funds provided in this Act, may be used by an executive branch agency 
to produce any prepackaged news story intended for broadcast or 
distribution in the United States unless the story includes a clear 
notification within the text or audio of the prepackaged news story 
that the prepackaged news story was prepared or funded by that 
executive branch agency.
    Sec. 722. Notwithstanding any other provision of law, any former 
RUS borrower that has repaid or prepaid an insured, direct or 
guaranteed loan under the Rural Electrification Act, or any not-for-
profit utility that is eligible to receive an insured or direct loan 
under such Act, shall be eligible for assistance under section 
313(b)(2)(B) of such Act in the same manner as a borrower under such 
Act.
    Sec. 723. None of the funds appropriated or otherwise made 
available by this or any other Act shall be used to pay the salaries 
and expenses of personnel to carry out a program under subsection 
(b)(2)(A)(i) of section 14222 of Public Law 110-246 in excess of 
$1,071,530,000: Provided, That none of the funds made available in this 
Act or any other Act shall be used for salaries and expenses to carry 
out section 19(i)(1)(B) of the Richard B. Russell National School Lunch 
Act as amended by section 4304 of Public Law 110-246 in excess of 
$16,000,000 until October 1, 2009: Provided further, of the unobligated 
balances under section 32 of the Act of August 24, 1935, $293,530,000 
are hereby rescinded.
    Sec. 724. Notwithstanding any other provision of law, the Secretary 
of Agriculture is authorized to make funding and other assistance 
available through the emergency watershed protection program under 
section 403 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203) to 
repair and prevent damage to non-Federal land in watersheds that have 
been impaired by fires initiated by the Federal Government and shall 
waive cost sharing requirements for the funding and assistance.
    Sec. 725. There is hereby appropriated $3,497,000, to remain 
available until expended, for a grant to the National Center for 
Natural Products Research for construction or renovation to carry out 
the research objectives of the natural products research grant issued 
by the Food and Drug Administration.
    Sec. 726. There is hereby appropriated $469,000, to remain 
available until expended, for the planning and design of construction 
of an agriculture pest facility in the State of Hawaii.
    Sec. 727. None of the funds made available in this Act may be used 
to establish or implement a rule allowing poultry products to be 
imported into the United States from the People's Republic of China.
    Sec. 728. There is hereby appropriated $794,000 to the Farm Service 
Agency to carry out a pilot program to demonstrate the use of new 
technologies that increase the rate of growth of re-forested hardwood 
trees on private non-industrial forests lands, enrolling lands on the 
coast of the Gulf of Mexico that were damaged by Hurricane Katrina in 
2005.
    Sec. 729. None of the funds made available to the Department of 
Agriculture in this Act may be used to implement the risk-based 
inspection program in the 30 prototype locations announced on February 
22, 2007, by the Under Secretary for Food Safety, or at any other 
locations, until the USDA Office of Inspector General has provided its 
findings to the Food Safety and Inspection Service and the Committees 
on Appropriations of the House of Representatives and the Senate on the 
data used in support of the development and design of the risk-based 
inspection program and FSIS has addressed and resolved issues 
identified by OIG.
    Sec. 730. Notwithstanding any other provision of law, and until 
receipt of the decennial Census in the year 2010, the Secretary of 
Agriculture shall consider--
        (1) the City of Palmview, Texas; the City of Pharr, Texas; the 
    City of Hidalgo, Texas; the City of Alton, Texas; the City of La 
    Joya, Texas; the City of Penitas, Texas; the City of Schertz, 
    Texas; the City of Converse, Texas; the City of Cibolo, Texas; and 
    the Township of Bern, Pennsylvania (including individuals and 
    entities with projects within the cities), eligible for loans and 
    grants funded through the Rural Business Program account;
        (2) the County of Nueces, Texas (including individuals and 
    entities with projects within the county), eligible under the 
    Business and Industry Loan Guarantee Program for the purposes of 
    financing a beef processing facility;
        (3) the City of Asheboro, North Carolina (including individuals 
    and entities with projects within the city), eligible for loans and 
    grants funded through the Rural Community Facilities Program 
    account;
        (4) the City of Healdsburg, California; the City of Imperial, 
    California; the City of Havelock, North Carolina; and the City of 
    Newton, North Carolina (including individuals and entities with 
    projects within the cities), eligible for loans and grants funded 
    through the Rural Water and Waste Disposal Program account; and
        (5) the City of Aptos, California (including individuals and 
    entities with projects within the city), eligible for loans and 
    grants funded under the housing programs of the Rural Housing 
    Service.
    Sec. 731. There is hereby appropriated $2,347,000 for section 4404 
of Public Law 107-171.
    Sec. 732. Notwithstanding any other provision of law, there is 
hereby appropriated:
        (1) $1,877,000 of which $1,408,000 shall be for a grant to the 
    Wisconsin Department of Agriculture, Trade, and Consumer 
    Protection, and $469,000 shall be for a grant to the Vermont Agency 
    of Agriculture, Foods, and Markets, as authorized by section 6402 
    of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 
    1621 note);
        (2) $338,000 for a grant to the Wisconsin Department of 
    Agriculture, Trade and Consumer Protection; and
        (3) $94,000 for a grant to the Graham Avenue Business 
    Improvement District in the State of New York.
    Sec. 733. Section 382K(c) of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 2009aa-10(c)) is repealed.
    Sec. 734. Notwithstanding any other provision of law, the Natural 
Resources Conservation Service shall provide financial and technical 
assistance--
        (1) through the Watershed and Flood Prevention Operations 
    program for the Pocasset River Floodplain Management Project in the 
    State of Rhode Island;
        (2) through the Watershed and Flood Prevention Operations 
    program to carry out the East Locust Creek Watershed Plan Revision 
    in Missouri, including up to 100 percent of the engineering 
    assistance and 75 percent cost share for construction cost of site 
    RW1;
        (3) through the Watershed and Flood Prevention Operations 
    program to carry out the Little Otter Creek Watershed project in 
    Missouri. The sponsoring local organization may obtain land rights 
    by perpetual easements;
        (4) through the Watershed and Flood Prevention Operations 
    program to carry out the Churchill Woods Dam Removal project in 
    DuPage County, Illinois;
        (5) through the Watershed and Flood Prevention Operations 
    program to carry out the Dunloup Creek Watershed Project in Fayette 
    and Raleigh Counties, West Virginia;
        (6) through the Watershed and Flood Prevention Operations 
    program to carry out the Alameda Creek Watershed Project in Alameda 
    County, California;
        (7) through the Watershed and Flood Prevention Operations 
    program to carry out the Colgan Creek Restoration project in Sonoma 
    County, California;
        (8) through the Watershed and Flood Prevention Operations 
    program to carry out the Hurricane Katrina-Related Watershed 
    Restoration project in Jackson County, Mississippi;
        (9) through the Watershed and Flood Prevention Operations 
    program to carry out the Lake George Watershed Protection project 
    in Warren County, New York; and
        (10) through the Watershed and Flood Prevention Operations 
    program to carry out the Pidcock-Mill Creeks Watershed project in 
    Bucks County, Pennsylvania.
    Sec. 735. Section 17(r)(5) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1766(r)(5)) is amended--
        (1) by striking ``eight'' and inserting ``ten'';
        (2) by striking ``six'' and inserting ``eight''; and
        (3) by inserting ``Vermont, Maryland,'' after the first 
    instance of ``States shall be''.
    Sec. 736. Notwithstanding any other provision of law, for the 
purposes of a grant under section 412 of the Agricultural Research, 
Extension, and Education Reform Act of 1998, none of the funds in this 
or any other Act may be used to prohibit the provision of in-kind 
support from non-Federal sources under section 412(e)(3) in the form of 
unrecovered indirect costs not otherwise charged against the grant, 
consistent with the indirect rate of cost approved for a recipient.
    Sec. 737. None of the funds made available by this Act may be used 
to pay the salaries and expenses of any individual to conduct any 
activities that would allow the importation into the United States of 
any ruminant or swine, or any fresh (including chilled or frozen) meat 
or product of any ruminant or swine, that is born, raised, or 
slaughtered in Argentina: Provided, That this section shall not prevent 
the Secretary from conducting all necessary activities to review this 
proposal and issue a report on the findings to the Committees on 
Appropriations of the House and Senate: Provided further, That this 
section shall only have effect until the Secretary of Agriculture has 
reviewed the domestic animal health aspects of the pending proposal to 
allow the importation of such products into the United States and has 
issued a report to the Committees on the findings of such review.
    Sec. 738. Except as otherwise specifically provided by law, 
unobligated balances remaining available at the end of the fiscal year 
from appropriations made available for salaries and expenses in this 
Act for the Farm Service Agency and the Rural Development mission area, 
shall remain available through September 30, 2010, for information 
technology expenses.
    Sec. 739. None of the funds made available in this Act may be used 
to pay the salaries or expenses of personnel to--
        (1) inspect horses under section 3 of the Federal Meat 
    Inspection Act (21 U.S.C. 603);
        (2) inspect horses under section 903 of the Federal Agriculture 
    Improvement and Reform Act of 1996 (7 U.S.C. 1901 note; Public Law 
    104-127); or
        (3) implement or enforce section 352.19 of title 9, Code of 
    Federal Regulations.
    This division may be cited as the ``Agriculture, Rural Development, 
Food and Drug Administration, and Related Agencies Appropriations Act, 
2009''.

     DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 2009

                                TITLE I

                         DEPARTMENT OF COMMERCE

                   International Trade Administration


                      operations and administration

    For necessary expenses for international trade activities of the 
Department of Commerce provided for by law, and for engaging in trade 
promotional activities abroad, including expenses of grants and 
cooperative agreements for the purpose of promoting exports of United 
States firms, without regard to 44 U.S.C. 3702 and 3703; full medical 
coverage for dependent members of immediate families of employees 
stationed overseas and employees temporarily posted overseas; travel 
and transportation of employees of the International Trade 
Administration between two points abroad, without regard to 49 U.S.C. 
40118; employment of Americans and aliens by contract for services; 
rental of space abroad for periods not exceeding 10 years, and expenses 
of alteration, repair, or improvement; purchase or construction of 
temporary demountable exhibition structures for use abroad; payment of 
tort claims, in the manner authorized in the first paragraph of 28 
U.S.C. 2672 when such claims arise in foreign countries; not to exceed 
$327,000 for official representation expenses abroad; purchase of 
passenger motor vehicles for official use abroad, not to exceed $45,000 
per vehicle; obtaining insurance on official motor vehicles; and rental 
of tie lines, $429,870,000, to remain available until September 30, 
2010, of which $9,439,000 is to be derived from fees to be retained and 
used by the International Trade Administration, notwithstanding 31 
U.S.C. 3302: Provided, That not less than $48,592,000 shall be for 
Manufacturing and Services; not less than $42,332,000 shall be for 
Market Access and Compliance; not less than $66,357,000 shall be for 
the Import Administration of which $5,900,000 shall be for the Office 
of China Compliance; not less than $237,739,000 shall be for the United 
States and Foreign Commercial Service; and not less than $25,411,000 
shall be for Executive Direction and Administration: Provided further, 
That the provisions of the first sentence of section 105(f) and all of 
section 108(c) of the Mutual Educational and Cultural Exchange Act of 
1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these 
activities without regard to section 5412 of the Omnibus Trade and 
Competitiveness Act of 1988 (15 U.S.C. 4912); and that for the purpose 
of this Act, contributions under the provisions of the Mutual 
Educational and Cultural Exchange Act of 1961 shall include payment for 
assessments for services provided as part of these activities: Provided 
further, That the International Trade Administration shall be exempt 
from the requirements of Circular A-25 (or any successor administrative 
regulation or policy) issued by the Office of Management and Budget: 
Provided further, That negotiations shall be conducted within the World 
Trade Organization to recognize the right of members to distribute 
monies collected from antidumping and countervailing duties: Provided 
further, That negotiations shall be conducted within the World Trade 
Organization consistent with the negotiating objectives contained in 
the Trade Act of 2002, Public Law 107-210: Provided further, That 
within the amounts appropriated, $4,400,000 shall be used for the 
projects, and in the amounts, specified in the explanatory statement 
described in section 4 (in the matter preceding division A of this 
consolidated Act).

                    Bureau of Industry and Security


                      operations and administration

    For necessary expenses for export administration and national 
security activities of the Department of Commerce, including costs 
associated with the performance of export administration field 
activities both domestically and abroad; full medical coverage for 
dependent members of immediate families of employees stationed 
overseas; employment of Americans and aliens by contract for services 
abroad; payment of tort claims, in the manner authorized in the first 
paragraph of 28 U.S.C. 2672 when such claims arise in foreign 
countries; not to exceed $15,000 for official representation expenses 
abroad; awards of compensation to informers under the Export 
Administration Act of 1979, and as authorized by 22 U.S.C. 401(b); and 
purchase of passenger motor vehicles for official use and motor 
vehicles for law enforcement use with special requirement vehicles 
eligible for purchase without regard to any price limitation otherwise 
established by law, $83,676,000, to remain available until expended, of 
which $14,767,000 shall be for inspections and other activities related 
to national security: Provided, That the provisions of the first 
sentence of section 105(f) and all of section 108(c) of the Mutual 
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 
2458(c)) shall apply in carrying out these activities: Provided 
further, That payments and contributions collected and accepted for 
materials or services provided as part of such activities may be 
retained for use in covering the cost of such activities, and for 
providing information to the public with respect to the export 
administration and national security activities of the Department of 
Commerce and other export control programs of the United States and 
other governments.

                  Economic Development Administration


                 economic development assistance programs

    For grants for economic development assistance as provided by the 
Public Works and Economic Development Act of 1965, and for trade 
adjustment assistance, $240,000,000, to remain available until 
expended: Provided, That of the amounts provided, no more than 
$4,000,000 may be transferred to ``Economic Development Administration, 
Salaries and Expenses'' to conduct management oversight and 
administration of public works grants.


                          salaries and expenses

    For necessary expenses of administering the economic development 
assistance programs as provided for by law, $32,800,000: Provided, That 
these funds may be used to monitor projects approved pursuant to title 
I of the Public Works Employment Act of 1976, title II of the Trade Act 
of 1974, and the Community Emergency Drought Relief Act of 1977.

                  Minority Business Development Agency


                      minority business development

    For necessary expenses of the Department of Commerce in fostering, 
promoting, and developing minority business enterprise, including 
expenses of grants, contracts, and other agreements with public or 
private organizations, $29,825,000: Provided, That within the amounts 
appropriated, $825,000 shall be used for the projects, and in the 
amounts, specified in the explanatory statement described in section 4 
(in the matter preceding division A of this consolidated Act).

                   Economic and Statistical Analysis


                          salaries and expenses

    For necessary expenses, as authorized by law, of economic and 
statistical analysis programs of the Department of Commerce, 
$90,621,000, to remain available until September 30, 2010.

                          Bureau of the Census


                          salaries and expenses

    For expenses necessary for collecting, compiling, analyzing, 
preparing, and publishing statistics, provided for by law, 
$233,588,000.


                      periodic censuses and programs

    For necessary expenses to collect and publish statistics for 
periodic censuses and programs provided for by law, $2,906,262,000, to 
remain available until September 30, 2010: Provided, That none of the 
funds provided in this or any other Act for any fiscal year may be used 
for the collection of census data on race identification that does not 
include ``some other race'' as a category: Provided further, That from 
amounts provided herein, funds may be used for additional promotion, 
outreach, and marketing activities: Provided further, That none of the 
funds made available in this Act shall be used for the conduct of 
sweepstakes in the 2010 Decennial Census.

       National Telecommunications and Information Administration


                          salaries and expenses

    For necessary expenses, as provided for by law, of the National 
Telecommunications and Information Administration (NTIA), $19,218,000, 
to remain available until September 30, 2010: Provided, That, 
notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall 
charge Federal agencies for costs incurred in spectrum management, 
analysis, operations, and related services, and such fees shall be 
retained and used as offsetting collections for costs of such spectrum 
services, to remain available until expended: Provided further, That 
the Secretary of Commerce is authorized to retain and use as offsetting 
collections all funds transferred, or previously transferred, from 
other Government agencies for all costs incurred in telecommunications 
research, engineering, and related activities by the Institute for 
Telecommunication Sciences of NTIA, in furtherance of its assigned 
functions under this paragraph, and such funds received from other 
Government agencies shall remain available until expended.


     public telecommunications facilities, planning and construction

    For the administration of grants, authorized by section 392 of the 
Communications Act of 1934, $20,000,000, to remain available until 
expended as authorized by section 391 of the Act: Provided, That not to 
exceed $2,000,000 shall be available for program administration as 
authorized by section 391 of the Act: Provided further, That, 
notwithstanding the provisions of section 391 of the Act, the prior 
year unobligated balances may be made available for grants for projects 
for which applications have been submitted and approved during any 
fiscal year.

               United States Patent and Trademark Office


                          salaries and expenses

    For necessary expenses of the United States Patent and Trademark 
Office (USPTO) provided for by law, including defense of suits 
instituted against the Under Secretary of Commerce for Intellectual 
Property and Director of the United States Patent and Trademark Office, 
$2,010,100,000, to remain available until expended: Provided, That the 
sum herein appropriated from the general fund shall be reduced as 
offsetting collections assessed and collected pursuant to 15 U.S.C. 
1113 and 35 U.S.C. 41 and 376 are received during fiscal year 2009, so 
as to result in a fiscal year 2009 appropriation from the general fund 
estimated at $0: Provided further, That during fiscal year 2009, should 
the total amount of offsetting fee collections be less than 
$2,010,100,000, this amount shall be reduced accordingly: Provided 
further, That $750,000 may be transferred to ``Departmental Management, 
Salaries and Expenses'' for activities associated with the National 
Intellectual Property Law Enforcement Coordination Council: Provided 
further, That from amounts provided herein, not to exceed $1,000 shall 
be made available in fiscal year 2009 for official reception and 
representation expenses: Provided further, That of the amounts provided 
to the USPTO within this account, $5,000,000 shall not become available 
for obligation until the Director of the USPTO has completed a 
comprehensive review of the assumptions behind the patent examiner 
expectancy goals and adopted a revised set of expectancy goals for 
patent examination: Provided further, That in fiscal year 2009 from the 
amounts made available for ``Salaries and Expenses'' for the USPTO, the 
amounts necessary to pay: (1) the difference between the percentage of 
basic pay contributed by the USPTO and employees under section 8334(a) 
of title 5, United States Code, and the normal cost percentage (as 
defined by section 8331(17) of that title) of basic pay, of employees 
subject to subchapter III of chapter 83 of that title; and (2) the 
present value of the otherwise unfunded accruing costs, as determined 
by the Office of Personnel Management, of post-retirement life 
insurance and post-retirement health benefits coverage for all USPTO 
employees, shall be transferred to the Civil Service Retirement and 
Disability Fund, the Employees Life Insurance Fund, and the Employees 
Health Benefits Fund, as appropriate, and shall be available for the 
authorized purposes of those accounts: Provided further, That sections 
801, 802, and 803 of division B, Public Law 108-447 shall remain in 
effect during fiscal year 2009: Provided further, That the Director 
may, this year, reduce by regulation fees payable for documents in 
patent and trademark matters, in connection with the filing of 
documents filed electronically in a form prescribed by the Director: 
Provided further, That $2,000,000 shall be transferred to Office of 
Inspector General for activities associated with carrying out 
investigations and audits related to the USPTO: Provided further, That 
from the amounts provided herein, no less than $4,000,000 shall be 
available only for the USPTO contribution in a cooperative or joint 
agreement or agreements with a non-profit organization or 
organizations, successfully audited within the previous year, and with 
previous experience in such programs, to conduct policy studies, 
including studies relating to activities of United Nations Specialized 
agencies and other international organizations, as well as conferences 
and other development programs, in support of fair international 
protection of intellectual property rights.

             National Institute of Standards and Technology


              scientific and technical research and services

    For necessary expenses of the National Institute of Standards and 
Technology, $472,000,000, to remain available until expended, of which 
not to exceed $9,000,000 may be transferred to the ``Working Capital 
Fund'': Provided, That not to exceed $5,000 shall be for official 
reception and representation expenses: Provided further, That within 
the amounts appropriated, $3,000,000 shall be used for the projects, 
and in the amounts, specified in the explanatory statement described in 
section 4 (in the matter preceding division A of this consolidated 
Act).


                      industrial technology services

    For necessary expenses of the Hollings Manufacturing Extension 
Partnership of the National Institute of Standards and Technology, 
$110,000,000, to remain available until expended. In addition, for 
necessary expenses of the Technology Innovation Program of the National 
Institute of Standards and Technology, $65,000,000, to remain available 
until expended.


                   construction of research facilities

    For construction of new research facilities, including 
architectural and engineering design, and for renovation and 
maintenance of existing facilities, not otherwise provided for the 
National Institute of Standards and Technology, as authorized by 15 
U.S.C. 278c-278e, $172,000,000, to remain available until expended, of 
which $30,000,000 is for a competitive construction grant program for 
research science buildings: Provided, That within the amounts 
appropriated, $44,000,000 shall be used for the projects, and in the 
amounts, specified in the explanatory statement described in section 4 
(in the matter preceding division A of this consolidated Act): Provided 
further, That the Secretary of Commerce shall include in the budget 
justification materials that the Secretary submits to Congress in 
support of the Department of Commerce budget (as submitted with the 
budget of the President under section 1105(a) of title 31, United 
States Code) an estimate for each National Institute of Standards and 
Technology construction project having a total multi-year program cost 
of more than $5,000,000 and simultaneously the budget justification 
materials shall include an estimate of the budgetary requirements for 
each such project for each of the five subsequent fiscal years.

            National Oceanic and Atmospheric Administration


                   operations, research, and facilities

                      (including transfers of funds)

    For necessary expenses of activities authorized by law for the 
National Oceanic and Atmospheric Administration, including maintenance, 
operation, and hire of aircraft and vessels; grants, contracts, or 
other payments to nonprofit organizations for the purposes of 
conducting activities pursuant to cooperative agreements; and 
relocation of facilities, $3,045,549,000, to remain available until 
September 30, 2010, except for funds provided for cooperative 
enforcement, which shall remain available until September 30, 2011: 
Provided, That fees and donations received by the National Ocean 
Service for the management of national marine sanctuaries may be 
retained and used for the salaries and expenses associated with those 
activities, notwithstanding 31 U.S.C. 3302: Provided further, That in 
addition, $3,000,000 shall be derived by transfer from the fund 
entitled ``Coastal Zone Management'' and in addition $79,000,000 shall 
be derived by transfer from the fund entitled ``Promote and Develop 
Fishery Products and Research Pertaining to American Fisheries'': 
Provided further, That of the $3,133,549,000 provided for in direct 
obligations under this heading $3,045,549,000 is appropriated from the 
general fund, $82,000,000 is provided by transfer, and $6,000,000 is 
derived from recoveries of prior year obligations: Provided further, 
That the total amount available for the National Oceanic and 
Atmospheric Administration corporate services administrative support 
costs shall not exceed $226,809,000: Provided further, That payments of 
funds made available under this heading to the Department of Commerce 
Working Capital Fund including Department of Commerce General Counsel 
legal services shall not exceed $36,583,000: Provided further, That 
within the amounts appropriated, $129,970,000 shall be used for the 
projects, and in the amounts, specified in the explanatory statement 
described in section 4 (in the matter preceding division A of this 
consolidated Act): Provided further, That any deviation from the 
amounts designated for specific activities in the report accompanying 
this Act, or any use of deobligated balances of funds provided under 
this heading in previous years, shall be subject to the procedures set 
forth in section 505 of this Act: Provided further, That in allocating 
grants under sections 306 and 306A of the Coastal Zone Management Act 
of 1972, as amended, no coastal State shall receive more than 5 percent 
or less than 1 percent of increased funds appropriated over the 
previous fiscal year: Provided further, That the number of authorized 
officers in the NOAA Commissioned Officer Corps shall remain at 321 
until such time as section 6 of Public Law 110-386 takes effect.
    In addition, for necessary retired pay expenses under the Retired 
Serviceman's Family Protection and Survivor Benefits Plan, and for 
payments for the medical care of retired personnel and their dependents 
under the Dependents Medical Care Act (10 U.S.C. 55), such sums as may 
be necessary.


                procurement, acquisition and construction

    For procurement, acquisition and construction of capital assets, 
including alteration and modification costs, of the National Oceanic 
and Atmospheric Administration, $1,243,647,000, to remain available 
until September 30, 2011, except funds provided for construction of 
facilities which shall remain available until expended: Provided, That 
of the $1,245,647,000 provided for in direct obligations under this 
heading $1,243,647,000 is appropriated from the general fund and 
$2,000,000 is provided from recoveries of prior year obligations: 
Provided further, That of the amounts provided for the National Polar-
orbiting Operational Environmental Satellite System, funds shall only 
be made available on a dollar-for-dollar matching basis with funds 
provided for the same purpose by the Department of Defense: Provided 
further, That except to the extent expressly prohibited by any other 
law, the Department of Defense may delegate procurement functions 
related to the National Polar-orbiting Operational Environmental 
Satellite System to officials of the Department of Commerce pursuant to 
section 2311 of title 10, United States Code: Provided further, That 
any deviation from the amounts designated for specific activities in 
the report accompanying this Act, or any use of deobligated balances of 
funds provided under this heading in previous years, shall be subject 
to the procedures set forth in section 505 of this Act: Provided 
further, That within the amounts appropriated, $29,610,000 shall be 
used for the projects, and in the amounts, specified in the explanatory 
statement described in section 4 (in the matter preceding division A of 
this consolidated Act).


                     pacific coastal salmon recovery

    For necessary expenses associated with the restoration of Pacific 
salmon populations, $80,000,000, to remain available until September 
30, 2010: Provided, That of the funds provided herein the Secretary of 
Commerce may issue grants to the States of Washington, Oregon, Idaho, 
Nevada, California, and Alaska, and Federally-recognized tribes of the 
Columbia River and Pacific Coast for projects necessary for restoration 
of salmon and steelhead populations that are listed as threatened or 
endangered, or identified by a State as at-risk to be so-listed, for 
maintaining populations necessary for exercise of tribal treaty fishing 
rights or native subsistence fishing, or for conservation of Pacific 
coastal salmon and steelhead habitat, based on guidelines to be 
developed by the Secretary of Commerce: Provided further, That funds 
disbursed to States shall be subject to a matching requirement of funds 
or documented in-kind contributions of at least 33 percent of the 
Federal funds.


                       coastal zone management fund

                      (including transfer of funds)

    Of amounts collected pursuant to section 308 of the Coastal Zone 
Management Act of 1972 (16 U.S.C. 1456a), not to exceed $3,000,000 
shall be transferred to the ``Operations, Research, and Facilities'' 
account to offset the costs of implementing such Act.


                    fisheries finance program account

    Subject to section 502 of the Congressional Budget Act of 1974, 
during fiscal year 2009, obligations of direct loans may not exceed 
$8,000,000 for Individual Fishing Quota loans and not to exceed 
$59,000,000 for traditional direct loans as authorized by the Merchant 
Marine Act of 1936: Provided, That none of the funds made available 
under this heading may be used for direct loans for any new fishing 
vessel that will increase the harvesting capacity in any United States 
fishery.

                        Departmental Management


                          salaries and expenses

    For expenses necessary for the departmental management of the 
Department of Commerce provided for by law, including not to exceed 
$5,000 for official entertainment, $53,000,000: Provided, That the 
Secretary, within 120 days of enactment of this Act, shall provide a 
report to the Committees on Appropriations that audits and evaluates 
all decision documents and expenditures by the Bureau of the Census as 
they relate to the 2010 Census: Provided further, That of the amounts 
provided to the Secretary within this account, $5,000,000 shall not 
become available for obligation until the Secretary certifies to the 
Committees on Appropriations that the Bureau of the Census has followed 
and met all standards and best practices, and all Office of Management 
and Budget guidelines related to information technology projects and 
contract management.


         herbert c. hoover building renovation and modernization

    For expenses necessary, including blast windows, for the renovation 
and modernization of the Herbert C. Hoover Building, $5,000,000, to 
remain available until expended.


                       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.), $25,800,000.

               General Provisions--Department of Commerce


                      (including transfer of funds)

    Sec. 101.  During the current fiscal year, applicable 
appropriations and funds made available to the Department of Commerce 
by this Act shall be available for the activities specified in the Act 
of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner 
prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may be used 
for advanced payments not otherwise authorized only upon the 
certification of officials designated by the Secretary of Commerce that 
such payments are in the public interest.
    Sec. 102.  During the current fiscal year, appropriations made 
available to the Department of Commerce by this Act for salaries and 
expenses shall be available for hire of passenger motor vehicles as 
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 
U.S.C. 3109; and uniforms or allowances therefor, as authorized by law 
(5 U.S.C. 5901-5902).
    Sec. 103.  Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Commerce in 
this Act may be transferred between such appropriations, but no such 
appropriation shall be increased by more than 10 percent by any such 
transfers: Provided, That any transfer pursuant to this section shall 
be treated as a reprogramming of funds under section 505 of this Act 
and shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section: Provided 
further, That the Secretary of Commerce shall notify the Committees on 
Appropriations at least 15 days in advance of the acquisition or 
disposal of any capital asset (including land, structures, and 
equipment) not specifically provided for in this Act or any other law 
appropriating funds for the Department of Commerce: Provided further, 
That for the National Oceanic and Atmospheric Administration this 
section shall provide for transfers among appropriations made only to 
the National Oceanic and Atmospheric Administration and such 
appropriations may not be transferred and reprogrammed to other 
Department of Commerce bureaus and appropriation accounts.
    Sec. 104.  Any costs incurred by a department or agency funded 
under this title resulting from personnel actions taken in response to 
funding reductions included in this title or from actions taken for the 
care and protection of loan collateral or grant property shall be 
absorbed within the total budgetary resources available to such 
department or agency: Provided, That the authority to transfer funds 
between appropriations accounts as may be necessary to carry out this 
section is provided in addition to authorities included elsewhere in 
this Act: Provided further, That use of funds to carry out this section 
shall be treated as a reprogramming of funds under section 505 of this 
Act and shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.
    Sec. 105. Hereafter, notwithstanding any other provision of law, no 
funds appropriated under this Act or any other Act shall be used to 
register, issue, transfer, or enforce any trademark of the phrase 
``Last Best Place''.
    Sec. 106. Hereafter, the Secretary of Commerce is permitted to 
prescribe and enforce standards or regulations affecting safety and 
health in the context of scientific and occupational diving within the 
National Oceanic and Atmospheric Administration.
    Sec. 107. The requirements set forth by section 112 of division B 
of Public Law 110-161 are hereby adopted by reference.
    Sec. 108.  Notwithstanding any other law, the Secretary may furnish 
services (including but not limited to utilities, telecommunications, 
and security services) necessary to support the operation, maintenance, 
and improvement of space that persons, firms or organizations are 
authorized pursuant to the Public Buildings Cooperative Use Act of 1976 
or other authority to use or occupy in the Herbert C. Hoover Building, 
Washington, D.C., or other buildings, the maintenance, operation, and 
protection of which has been delegated to the Secretary from the 
Administrator of General Services pursuant to the Federal Property and 
Administrative Services Act of 1949, as amended, on a reimbursable or 
non-reimbursable basis. Amounts received as reimbursement for services 
provided under this section or the authority under which the use or 
occupancy of the space is authorized, up to $200,000, shall be credited 
to the appropriation or fund which initially bears the costs of such 
services.
    Sec. 109. The amounts made available under section 213 of Public 
Law 108-199 for a New England lobster fishing capacity reduction 
program shall be available for transfer by the National Oceanic and 
Atmospheric Administration from the Fisheries Finance Program Account 
to the Operations, Research, and Facilities appropriation, to remain 
available until expended, for the Southern New England Cooperative 
Research Initiative for cooperative research, marine debris removal, 
and gear modification for conservation in Rhode Island.
    Sec. 110. Section (d)(2)(A) of title 16 U.S.C. 3645 is amended by 
inserting ``Nevada,'' after ``Idaho,''.
    Sec. 111. With the consent of the President, the Secretary of 
Commerce shall represent the United States Government in negotiating 
and monitoring international agreements regarding fisheries, marine 
mammals, or sea turtles: Provided, That the Secretary of Commerce shall 
be responsible for the development and interdepartmental coordination 
of the policies of the United States with respect to the international 
negotiations and agreements referred to in this section.
     This title may be cited as the ``Department of Commerce 
Appropriations Act, 2009''.

                                TITLE II

                         DEPARTMENT OF JUSTICE

                         General Administration


                          salaries and expenses

    For expenses necessary for the administration of the Department of 
Justice, $105,805,000, of which not to exceed $4,000,000 for security 
and construction of Department of Justice facilities shall remain 
available until expended: Provided, That the Attorney General is 
authorized to transfer funds appropriated within General Administration 
to any office in this account: Provided further, That $13,213,000 is 
for Department Leadership; $7,834,000 is for Intergovernmental 
Relations/External Affairs; $12,254,000 is for Executive Support/
Professional Responsibility; and $72,504,000 is for the Justice 
Management Division: Provided further, That any change in amounts 
specified in the preceding proviso greater than 5 percent shall be 
submitted for approval to the House and Senate Committees on 
Appropriations consistent with the terms of section 505 of this Act: 
Provided further, That this transfer authority is in addition to 
transfers authorized under section 505 of this Act.


                  justice information sharing technology

    For necessary expenses for information sharing technology, 
including planning, development, deployment and departmental direction, 
$80,000,000, to remain available until expended, of which $7,132,000 is 
for the unified financial management system.


             tactical law enforcement wireless communications

    For the costs of developing and implementing a nation-wide 
Integrated Wireless Network supporting Federal law enforcement, and for 
the costs of operations and maintenance of existing Land Mobile Radio 
legacy systems, $185,000,000, to remain available until expended: 
Provided, That the Attorney General shall transfer to this account all 
funds made available to the Department of Justice for the purchase of 
portable and mobile radios: Provided further, That any transfer made 
under the preceding proviso shall be subject to section 505 of this 
Act.


                    Administrative Review and Appeals

    For expenses necessary for the administration of pardon and 
clemency petitions and immigration-related activities, $270,000,000, of 
which $4,000,000 shall be derived by transfer from the Executive Office 
for Immigration Review fees deposited in the ``Immigration Examinations 
Fee'' account.


                            detention trustee

    For necessary expenses of the Federal Detention Trustee, 
$1,295,319,000, to remain available until expended: Provided, That the 
Trustee shall be responsible for managing the Justice Prisoner and 
Alien Transportation System: Provided further, That not to exceed 
$5,000,000 shall be considered ``funds appropriated for State and local 
law enforcement assistance'' pursuant to 18 U.S.C. 4013(b).


                       Office of Inspector General

    For necessary expenses of the Office of Inspector General, 
$75,681,000, including not to exceed $10,000 to meet unforeseen 
emergencies of a confidential character.

                    United States Parole Commission


                          salaries and expenses

    For necessary expenses of the United States Parole Commission as 
authorized, $12,570,000.

                            Legal Activities


             salaries and expenses, general legal activities

                      (including transfer of funds)

    For expenses necessary for the legal activities of the Department 
of Justice, not otherwise provided for, including not to exceed $20,000 
for expenses of collecting evidence, to be expended under the direction 
of, and to be accounted for solely under the certificate of, the 
Attorney General; and rent of private or Government-owned space in the 
District of Columbia, $804,007,000, of which not to exceed $10,000,000 
for litigation support contracts shall remain available until expended: 
Provided, That of the total amount appropriated, not to exceed $10,000 
shall be available to the United States National Central Bureau, 
INTERPOL, for official reception and representation expenses: Provided 
further, That notwithstanding section 205 of this Act, upon a 
determination by the Attorney General that emergent circumstances 
require additional funding for litigation activities of the Civil 
Division, the Attorney General may transfer such amounts to ``Salaries 
and Expenses, General Legal Activities'' from available appropriations 
for the current fiscal year for the Department of Justice, as may be 
necessary to respond to such circumstances: Provided further, That any 
transfer pursuant to the previous proviso shall be treated as a 
reprogramming under section 505 of this Act and shall not be available 
for obligation or expenditure except in compliance with the procedures 
set forth in that section: Provided further, That of the amount 
appropriated, such sums as may be necessary shall be available 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): Provided further, That of 
the amounts provided under this heading for the Federal observer 
program $3,390,000 shall remain available until expended, of which 
$1,090,000, previously transferred to the Department of Justice by the 
Office of Personnel Management under section 126 of division A of 
Public Law 110-329, shall be transferred back to the Office of 
Personnel Management by the Department of Justice.
    In addition, for reimbursement of expenses of the Department of 
Justice associated with processing cases under the National Childhood 
Vaccine Injury Act of 1986, not to exceed $7,833,000, to be 
appropriated from the Vaccine Injury Compensation Trust Fund.


                salaries and expenses, antitrust division

    For expenses necessary for the enforcement of antitrust and kindred 
laws, $157,788,000, to remain available until expended: Provided, That 
notwithstanding any other provision of law, fees collected for 
premerger notification filings under the Hart-Scott-Rodino Antitrust 
Improvements Act of 1976 (15 U.S.C. 18a), regardless of the year of 
collection (and estimated to be $157,788,000 in fiscal year 2009), 
shall be retained and used for necessary expenses in this 
appropriation, and shall remain available until expended: Provided 
further, That the sum herein appropriated from the general fund shall 
be reduced as such offsetting collections are received during fiscal 
year 2009, so as to result in a final fiscal year 2009 appropriation 
from the general fund estimated at $0.


              salaries and expenses, united states attorneys

    For necessary expenses of the Offices of the United States 
Attorneys, including inter-governmental and cooperative agreements, 
$1,836,336,000: Provided, That of the total amount appropriated, not to 
exceed $8,000 shall be available for official reception and 
representation expenses: Provided further, That not to exceed 
$25,000,000 shall remain available until expended: Provided further, 
That of the amount provided under this heading, not less than 
$33,600,000 shall be used for salaries and expenses for assistant U.S. 
Attorneys to carry out section 704 of the Adam Walsh Child Protection 
and Safety Act of 2006 (Public Law 109-248) concerning the prosecution 
of offenses relating to the sexual exploitation of children.


                    united states trustee system fund

    For necessary expenses of the United States Trustee Program, as 
authorized, $217,416,000, to remain available until expended and to be 
derived from the United States Trustee System Fund: Provided, That 
notwithstanding any other provision of law, deposits to the Fund shall 
be available in such amounts as may be necessary to pay refunds due 
depositors: Provided further, That, notwithstanding any other provision 
of law, $160,000,000 of offsetting collections pursuant to 28 U.S.C. 
589a(b) shall be retained and used for necessary expenses in this 
appropriation and shall remain available until expended: Provided 
further, That the sum herein appropriated from the Fund shall be 
reduced as such offsetting collections are received during fiscal year 
2009, so as to result in a final fiscal year 2009 appropriation from 
the Fund estimated at $52,416,000.


       salaries and expenses, foreign claims settlement commission

    For expenses necessary to carry out the activities of the Foreign 
Claims Settlement Commission, including services as authorized by 
section 3109 of title 5, United States Code, $1,823,000.


                      fees and expenses of witnesses

    For fees and expenses of witnesses, for expenses of contracts for 
the procurement and supervision of expert witnesses, for private 
counsel expenses, including advances, and for expenses of foreign 
counsel, $168,300,000, to remain available until expended: Provided, 
That not to exceed $10,000,000 may be made available for construction 
of buildings for protected witness safesites: Provided further, That 
not to exceed $3,000,000 may be made available for the purchase and 
maintenance of armored and other vehicles for witness security 
caravans: Provided further, That not to exceed $9,000,000 may be made 
available for the purchase, installation, maintenance, and upgrade of 
secure telecommunications equipment and a secure automated information 
network to store and retrieve the identities and locations of protected 
witnesses.


            salaries and expenses, community relations service

    For necessary expenses of the Community Relations Service, 
$9,873,000: Provided, That notwithstanding section 205 of this Act, 
upon a determination by the Attorney General that emergent 
circumstances require additional funding for conflict resolution and 
violence prevention activities of the Community Relations Service, the 
Attorney General may transfer such amounts to the Community Relations 
Service, from available appropriations for the current fiscal year for 
the Department of Justice, as may be necessary to respond to such 
circumstances: Provided further, That any transfer pursuant to the 
preceding proviso shall be treated as a reprogramming under section 505 
of this Act and shall not be available for obligation or expenditure 
except in compliance with the procedures set forth in that section.


                          assets forfeiture fund

    For expenses authorized by 28 U.S.C. 524(c)(1)(B), (F), and (G), 
$20,990,000, to be derived from the Department of Justice Assets 
Forfeiture Fund.

                     United States Marshals Service


                          salaries and expenses

    For necessary expenses of the United States Marshals Service, 
$950,000,000; of which not to exceed $30,000 shall be available for 
official reception and representation expenses; of which not to exceed 
$4,000,000 shall remain available until expended for information 
technology systems; and of which not less than $12,625,000 shall be 
available for the costs of courthouse security equipment, including 
furnishings, relocations, and telephone systems and cabling, and shall 
remain available until expended.


                               construction

    For construction in space controlled, occupied or utilized by the 
United States Marshals Service for prisoner holding and related 
support, $4,000,000, to remain available until expended.

                       National Security Division


                          salaries and expenses

    For expenses necessary to carry out the activities of the National 
Security Division, $83,789,000; of which not to exceed $5,000,000 for 
information technology systems shall remain available until expended: 
Provided, That notwithstanding section 205 of this Act, upon a 
determination by the Attorney General that emergent circumstances 
require additional funding for the activities of the National Security 
Division, the Attorney General may transfer such amounts to this 
heading from available appropriations for the current fiscal year for 
the Department of Justice, as may be necessary to respond to such 
circumstances: Provided further, That any transfer pursuant to the 
preceding proviso shall be treated as a reprogramming under section 505 
of this Act and shall not be available for obligation or expenditure 
except in compliance with the procedures set forth in that section.

                      Interagency Law Enforcement


                  interagency crime and drug enforcement

    For necessary expenses for the identification, investigation, and 
prosecution of individuals associated with the most significant drug 
trafficking and affiliated money laundering organizations not otherwise 
provided for, to include inter-governmental agreements with State and 
local law enforcement agencies engaged in the investigation and 
prosecution of individuals involved in organized crime drug 
trafficking, $515,000,000, of which $50,000,000 shall remain available 
until expended: Provided, That any amounts obligated from 
appropriations under this heading may be used under authorities 
available to the organizations reimbursed from this appropriation.

                    Federal Bureau of Investigation


                          salaries and expenses

    For necessary expenses of the Federal Bureau of Investigation for 
detection, investigation, and prosecution of crimes against the United 
States; $7,065,100,000; of which not to exceed $150,000,000 shall 
remain available until expended: Provided, That not to exceed $205,000 
shall be available for official reception and representation expenses.


                               construction

    For necessary expenses to construct or acquire buildings and sites 
by purchase, or as otherwise authorized by law (including equipment for 
such buildings); conversion and extension of federally-owned buildings; 
and preliminary planning and design of projects; $153,491,000, to 
remain available until expended.

                    Drug Enforcement Administration


                          salaries and expenses

    For necessary expenses of the Drug Enforcement Administration, 
including not to exceed $70,000 to meet unforeseen emergencies of a 
confidential character pursuant to 28 U.S.C. 530C; and expenses for 
conducting drug education and training programs, including travel and 
related expenses for participants in such programs and the distribution 
of items of token value that promote the goals of such programs, 
$1,939,084,000; of which not to exceed $75,000,000 shall remain 
available until expended; and of which not to exceed $100,000 shall be 
available for official reception and representation expenses.

          Bureau of Alcohol, Tobacco, Firearms and Explosives


                          salaries and expenses

    For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms 
and Explosives, not to exceed $40,000 for official reception and 
representation expenses; for training of State and local law 
enforcement agencies with or without reimbursement, including training 
in connection with the training and acquisition of canines for 
explosives and fire accelerants detection; and for provision of 
laboratory assistance to State and local law enforcement agencies, with 
or without reimbursement, $1,054,215,000, of which not to exceed 
$1,000,000 shall be available for the payment of attorneys' fees as 
provided by section 924(d)(2) of title 18, United States Code; and of 
which $10,000,000 shall remain available until expended: Provided, That 
no funds appropriated herein shall be available for salaries or 
administrative expenses in connection with consolidating or 
centralizing, within the Department of Justice, the records, or any 
portion thereof, of acquisition and disposition of firearms maintained 
by Federal firearms licensees: Provided further, That no funds 
appropriated herein shall be used to pay administrative expenses or the 
compensation of any officer or employee of the United States to 
implement an amendment or amendments to 27 CFR 478.118 or to change the 
definition of ``Curios or relics'' in 27 CFR 478.11 or remove any item 
from ATF Publication 5300.11 as it existed on January 1, 1994: Provided 
further, That none of the funds appropriated herein shall be available 
to investigate or act upon applications for relief from Federal 
firearms disabilities under 18 U.S.C. 925(c): Provided further, That 
such funds shall be available to investigate and act upon applications 
filed by corporations for relief from Federal firearms disabilities 
under section 925(c) of title 18, United States Code: Provided further, 
That no funds made available by this or any other Act may be used to 
transfer the functions, missions, or activities of the Bureau of 
Alcohol, Tobacco, Firearms and Explosives to other agencies or 
Departments in fiscal year 2009: Provided further, That, beginning in 
fiscal year 2009 and thereafter, no funds appropriated under this or 
any other Act may be used to disclose part or all of the contents of 
the Firearms Trace System database maintained by the National Trace 
Center of the Bureau of Alcohol, Tobacco, Firearms and Explosives or 
any information required to be kept by licensees pursuant to section 
923(g) of title 18, United States Code, or required to be reported 
pursuant to paragraphs (3) and (7) of such section 923(g), except to: 
(1) a Federal, State, local, tribal, or foreign law enforcement agency, 
or a Federal, State, or local prosecutor, solely in connection with and 
for use in a criminal investigation or prosecution; or (2) a Federal 
agency for a national security or intelligence purpose; and all such 
data shall be immune from legal process, shall not be subject to 
subpoena or other discovery, shall be inadmissible in evidence, and 
shall not be used, relied on, or disclosed in any manner, nor shall 
testimony or other evidence be permitted based on the data, in a civil 
action in any State (including the District of Columbia) or Federal 
court or in an administrative proceeding other than a proceeding 
commenced by the Bureau of Alcohol, Tobacco, Firearms and Explosives to 
enforce the provisions of chapter 44 of such title, or a review of such 
an action or proceeding; except that this proviso shall not be 
construed to prevent: (A) the disclosure of statistical information 
concerning total production, importation, and exportation by each 
licensed importer (as defined in section 921(a)(9) of such title) and 
licensed manufacturer (as defined in section 921(a)(10) of such title); 
(B) the sharing or exchange of such information among and between 
Federal, State, local, or foreign law enforcement agencies, Federal, 
State, or local prosecutors, and Federal national security, 
intelligence, or counterterrorism officials; or (C) the publication of 
annual statistical reports on products regulated by the Bureau of 
Alcohol, Tobacco, Firearms and Explosives, including total production, 
importation, and exportation by each licensed importer (as so defined) 
and licensed manufacturer (as so defined), or statistical aggregate 
data regarding firearms traffickers and trafficking channels, or 
firearms misuse, felons, and trafficking investigations: Provided 
further, That no funds made available by this or any other Act shall be 
expended to promulgate or implement any rule requiring a physical 
inventory of any business licensed under section 923 of title 18, 
United States Code: Provided further, That no funds under this Act may 
be used to electronically retrieve information gathered pursuant to 18 
U.S.C. 923(g)(4) by name or any personal identification code: Provided 
further, That no funds authorized or made available under this or any 
other Act may be used to deny any application for a license under 
section 923 of title 18, United States Code, or renewal of such a 
license due to a lack of business activity, provided that the applicant 
is otherwise eligible to receive such a license, and is eligible to 
report business income or to claim an income tax deduction for business 
expenses under the Internal Revenue Code of 1986.

                         Federal Prison System


                          salaries and expenses

    For necessary expenses of the Federal Prison System for the 
administration, operation, and maintenance of Federal penal and 
correctional institutions, including purchase (not to exceed 810, of 
which 766 are for replacement only) and hire of law enforcement and 
passenger motor vehicles, and for the provision of technical assistance 
and advice on corrections related issues to foreign governments, 
$5,595,754,000: Provided, That the Attorney General may transfer to the 
Health Resources and Services Administration such amounts as may be 
necessary for direct expenditures by that Administration for medical 
relief for inmates of Federal penal and correctional institutions: 
Provided further, That the Director of the Federal Prison System, where 
necessary, may enter into contracts with a fiscal agent or fiscal 
intermediary claims processor to determine the amounts payable to 
persons who, on behalf of the Federal Prison System, furnish health 
services to individuals committed to the custody of the Federal Prison 
System: Provided further, That not to exceed $6,000 shall be available 
for official reception and representation expenses: Provided further, 
That not to exceed $50,000,000 shall remain available for necessary 
operations until September 30, 2010: Provided further, That, of the 
amounts provided for contract confinement, not to exceed $20,000,000 
shall remain available until expended to make payments in advance for 
grants, contracts and reimbursable agreements, and other expenses 
authorized by section 501(c) of the Refugee Education Assistance Act of 
1980 (8 U.S.C. 1522 note), for the care and security in the United 
States of Cuban and Haitian entrants: Provided further, That the 
Director of the Federal Prison System may accept donated property and 
services relating to the operation of the prison card program from a 
not-for-profit entity which has operated such program in the past 
notwithstanding the fact that such not-for-profit entity furnishes 
services under contracts to the Federal Prison System relating to the 
operation of pre-release services, halfway houses, or other custodial 
facilities.


                         buildings and facilities

    For planning, acquisition of sites and construction of new 
facilities; purchase and acquisition of facilities and remodeling, and 
equipping of such facilities for penal and correctional use, including 
all necessary expenses incident thereto, by contract or force account; 
and constructing, remodeling, and equipping necessary buildings and 
facilities at existing penal and correctional institutions, including 
all necessary expenses incident thereto, by contract or force account, 
$575,807,000, to remain available until expended, of which not less 
than $110,627,000 shall be available only for modernization, 
maintenance and repair, and of which not to exceed $14,000,000 shall be 
available to construct areas for inmate work programs: Provided, That 
labor of United States prisoners may be used for work performed under 
this appropriation.


                 federal prison industries, incorporated

    The Federal Prison Industries, Incorporated, is hereby authorized 
to make such expenditures, within the limits of funds and borrowing 
authority available, and in accord with the law, and to make such 
contracts and commitments, without regard to fiscal year limitations as 
provided by section 9104 of title 31, United States Code, as may be 
necessary in carrying out the program set forth in the budget for the 
current fiscal year for such corporation, including purchase (not to 
exceed five for replacement only) and hire of passenger motor vehicles.


    limitation on administrative expenses, federal prison industries, 
                              incorporated

    Not to exceed $2,328,000 of the funds of the Federal Prison 
Industries, Incorporated shall be available for its administrative 
expenses, and for services as authorized by section 3109 of title 5, 
United States Code, to be computed on an accrual basis to be determined 
in accordance with the corporation's current prescribed accounting 
system, and such amounts shall be exclusive of depreciation, payment of 
claims, and expenditures which such accounting system requires to be 
capitalized or charged to cost of commodities acquired or produced, 
including selling and shipping expenses, and expenses in connection 
with acquisition, construction, operation, maintenance, improvement, 
protection, or disposition of facilities and other property belonging 
to the corporation or in which it has an interest.

               State and Local Law Enforcement Activities

                    Office on Violence Against Women


        violence against women prevention and prosecution programs

    For grants, contracts, cooperative agreements, and other assistance 
for the prevention and prosecution of violence against women, as 
authorized by the Omnibus Crime Control and Safe Streets Act of 1968 
(42 U.S.C. 3711 et seq.) (``the 1968 Act''); the Violent Crime Control 
and Law Enforcement Act of 1994 (Public Law 103-322) (``the 1994 
Act''); the Victims of Child Abuse Act of 1990 (Public Law 101-647) 
(``the 1990 Act''); the Prosecutorial Remedies and Other Tools to end 
the Exploitation of Children Today Act of 2003 (Public Law 108-21); the 
Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601 
et seq.) (``the 1974 Act''); the Victims of Trafficking and Violence 
Protection Act of 2000 (Public Law 106-386) (``the 2000 Act''); and the 
Violence Against Women and Department of Justice Reauthorization Act of 
2005 (Public Law 109-162) (``the 2005 Act''); and for related victims 
services, $415,000,000, to remain available until expended: Provided, 
That except as otherwise provided by law, not to exceed 3 percent of 
funds made available under this heading may be used for expenses 
related to evaluation, training, and technical assistance: Provided 
further, That of the amount provided (which shall be by transfer, for 
programs administered by the Office of Justice Programs)--
        (1) $15,000,000 for the court-appointed special advocate 
    program, as authorized by section 217 of the 1990 Act;
        (2) $2,500,000 for child abuse training programs for judicial 
    personnel and practitioners, as authorized by section 222 of the 
    1990 Act;
        (3) $190,000,000 for grants to combat violence against women, 
    as authorized by part T of the 1968 Act, of which--
            (A) $18,000,000 shall be for transitional housing 
        assistance grants for victims of domestic violence, stalking or 
        sexual assault as authorized by section 40299 of the 1994 Act; 
        and
            (B) $1,880,000 shall be for the National Institute of 
        Justice for research and evaluation of violence against women 
        and related issues addressed by grant programs of the Office on 
        Violence Against Women;
        (4) $60,000,000 for grants to encourage arrest policies as 
    authorized by part U of the 1968 Act;
        (5) $12,000,000 for sexual assault victims assistance, as 
    authorized by section 41601 of the 1994 Act;
        (6) $41,000,000 for rural domestic violence and child abuse 
    enforcement assistance grants, as authorized by section 40295 of 
    the 1994 Act;
        (7) $3,500,000 for training programs as authorized by section 
    40152 of the 1994 Act, and for related local demonstration 
    projects;
        (8) $3,000,000 for grants to improve the stalking and domestic 
    violence databases, as authorized by section 40602 of the 1994 Act;
        (9) $9,500,000 for grants to reduce violent crimes against 
    women on campus, as authorized by section 304 of the 2005 Act;
        (10) $37,000,000 for legal assistance for victims, as 
    authorized by section 1201 of the 2000 Act;
        (11) $4,250,000 for enhanced training and services to end 
    violence against and abuse of women in later life, as authorized by 
    section 40802 of the 1994 Act;
        (12) $14,000,000 for the safe havens for children program, as 
    authorized by section 1301 of the 2000 Act;
        (13) $6,750,000 for education and training to end violence 
    against and abuse of women with disabilities, as authorized by 
    section 1402 of the 2000 Act;
        (14) $3,000,000 for an engaging men and youth in prevention 
    program, as authorized by section 41305 of the 1994 Act;
        (15) $1,000,000 for analysis and research on violence against 
    Indian women, as authorized by section 904 of the 2005 Act;
        (16) $1,000,000 for tracking of violence against Indian women, 
    as authorized by section 905 of the 2005 Act;
        (17) $3,500,000 for services to advocate and respond to youth, 
    as authorized by section 41201 of the 1994 Act;
        (18) $3,000,000 for grants to assist children and youth exposed 
    to violence, as authorized by section 41303 of the 1994 Act;
        (19) $3,000,000 for the court training and improvements 
    program, as authorized by section 41002 of the 1994 Act;
        (20) $1,000,000 for the National Resource Center on Workplace 
    Responses to assist victims of domestic violence, as authorized by 
    section 41501 of the 1994 Act; and
        (21) $1,000,000 for grants for televised testimony, as 
    authorized by part N of title I of the 1968 Act.

                       Office of Justice Programs


                            justice assistance

    For grants, contracts, cooperative agreements, and other assistance 
authorized by title I of the Omnibus Crime Control and Safe Streets Act 
of 1968; the Missing Children's Assistance Act (42 U.S.C. 5771 et 
seq.); the Prosecutorial Remedies and Other Tools to end the 
Exploitation of Children Today Act of 2003 (Public Law 108-21); the 
Justice for All Act of 2004 (Public Law 108-405); the Violence Against 
Women and Department of Justice Reauthorization Act of 2005 (Public Law 
109-162); the Victims of Child Abuse Act of 1990 (Public Law 101-647); 
the Victims of Crime Act of 1984 (Public Law 98-473); the Adam Walsh 
Child Protection and Safety Act of 2006 (Public Law 109-248); the 
PROTECT Our Children Act of 2008 (Public Law 110-401); subtitle D of 
title II of the Homeland Security Act of 2002 (Public Law 107-296), 
which may include research and development; and other programs 
(including the Statewide Automated Victim Notification Program); 
$220,000,000, to remain available until expended, of which:
        (1) $45,000,000 is for criminal justice statistics programs, 
    pursuant to part C of the 1968 Act, of which $26,000,000 is for the 
    National Crime Victimization Survey; and
        (2) $48,000,000 is for research, development, and evaluation 
    programs:
Provided, That section 1404(c)(3)(E)(i) of the Victims of Crime Act of 
1984, as amended (42 U.S.C. 10603) is amended after ``internships'' by 
inserting ``and for grants under subparagraphs (1)(A) and (B), pursuant 
to rules or guidelines that generally establish a publicly-announced, 
competitive process''.


                state and local law enforcement assistance

    For grants, contracts, cooperative agreements, and other assistance 
authorized by the Violent Crime Control and Law Enforcement Act of 1994 
(Public Law 103-322) (``the 1994 Act''); the Omnibus Crime Control and 
Safe Streets Act of 1968 (``the 1968 Act''); the Justice for All Act of 
2004 (Public Law 108-405); the Victims of Child Abuse Act of 1990 
(Public Law 101-647) (``the 1990 Act''); the Trafficking Victims 
Protection Reauthorization Act of 2005 (Public Law 109-164); the 
Violence Against Women and Department of Justice Reauthorization Act of 
2005 (Public Law 109-162); the Adam Walsh Child Protection and Safety 
Act of 2006 (Public Law 109-248); and the Victims of Trafficking and 
Violence Protection Act of 2000 (Public Law 106-386); and other 
programs; $1,328,500,000, to remain available until expended as 
follows:
        (1) $546,000,000 for the Edward Byrne Memorial Justice 
    Assistance Grant program as authorized by subpart 1 of part E of 
    title I of the 1968 Act, (except that section 1001(c), and the 
    special rules for Puerto Rico under section 505(g), of the 1968 
    Act, shall not apply for purposes of this Act), of which $5,000,000 
    is for use by the National Institute of Justice in assisting units 
    of local government to identify, select, develop, modernize, and 
    purchase new technologies for use by law enforcement, $2,000,000 is 
    for a program to improve State and local law enforcement 
    intelligence capabilities including antiterrorism training and 
    training to ensure that constitutional rights, civil liberties, 
    civil rights, and privacy interests are protected throughout the 
    intelligence process, $7,000,000 is to reimburse State and local 
    law enforcement for security and related costs, including overtime, 
    associated with the extraordinary security required to protect the 
    President-elect during the Presidential transition period; and 
    $20,000,000 is to reimburse State and local governments for 
    extraordinary costs associated with the 2009 Presidential 
    Inauguration;
        (2) $400,000,000 for the State Criminal Alien Assistance 
    Program, as authorized by section 241(i)(5) of the Immigration and 
    Nationality Act (8 U.S.C. 1231(i)(5));
        (3) $31,000,000 for the Southwest Border Prosecutor Initiative 
    to reimburse State, county, parish, tribal, or municipal 
    governments for costs associated with the prosecution of criminal 
    cases declined by local offices of the United States Attorneys;
        (4) $3,000,000 for the Northern Border Prosecutor Initiative to 
    reimburse State, county, parish, tribal or municipal governments 
    for the costs associated with the prosecution of criminal cases 
    declined by local offices of United States Attorneys;
        (5) $178,500,000 for discretionary grants to improve the 
    functioning of the criminal justice system, to prevent or combat 
    juvenile delinquency, and to assist victims of crime (other than 
    compensation): Provided, That within the amounts appropriated, 
    $178,500,000 shall be used for the projects, and in the amounts 
    specified in the explanatory statement described in section 4 (in 
    the matter preceding division A of this consolidated Act);
        (6) $30,000,000 for competitive grants to improve the 
    functioning of the criminal justice system, to prevent or combat 
    juvenile delinquency, and to assist victims of crime (other than 
    compensation);
        (7) $2,000,000 for the purposes described in the Missing 
    Alzheimer's Disease Patient Alert Program (section 240001 of the 
    1994 Act);
        (8) $10,000,000 for victim services programs for victims of 
    trafficking, as authorized by section 107(b)(2) of Public Law 106-
    386 and for programs authorized under Public Law 109-164;
        (9) $40,000,000 for Drug Courts, as authorized by section 
    1001(25)(A) of title I of the 1968 Act;
        (10) $7,000,000 for a prescription drug monitoring program;
        (11) $12,500,000 for prison rape prevention and prosecution and 
    other programs, as authorized by the Prison Rape Elimination Act of 
    2003 (Public Law 108-79);
        (12) $10,000,000 for grants for Residential Substance Abuse 
    Treatment for State Prisoners, as authorized by part S of title I 
    of the 1968 Act;
        (13) $5,500,000 for the Capital Litigation Improvement Grant 
    Program, as authorized by section 426 of Public Law 108-405, and 
    for grants for wrongful prosecution review;
        (14) $10,000,000 for mental health courts and adult and 
    juvenile collaboration program grants, as authorized by parts V and 
    HH of title I of the 1968 Act, and the Mentally Ill Offender 
    Treatment and Crime Reduction Reauthorization and Improvement Act 
    of 2008 (Public Law 110-416);
        (15) $25,000,000 for assistance to Indian tribes, of which--
            (A) $10,000,000 shall be available for grants under section 
        20109 of subtitle A of title II of the 1994 Act;
            (B) $9,000,000 shall be available for the Tribal Courts 
        Initiative; and
            (C) $6,000,000 shall be available for tribal alcohol and 
        substance abuse reduction assistance grants; and
        (16) $18,000,000 for economic, high technology and Internet 
    crime prevention grants:
Provided, That, if a unit of local government uses any of the funds 
made available under this heading to increase the number of law 
enforcement officers, the unit of local government will achieve a net 
gain in the number of law enforcement officers who perform 
nonadministrative public safety service.


                        weed and seed program fund

    For necessary expenses, including salaries and related expenses of 
the Office of Weed and Seed Strategies, $25,000,000, to remain 
available until expended, as authorized by section 103 of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968.


                        juvenile justice programs

    For grants, contracts, cooperative agreements, and other assistance 
authorized by the Juvenile Justice and Delinquency Prevention Act of 
1974 (``the 1974 Act''), the Omnibus Crime Control and Safe Streets Act 
of 1968 (``the 1968 Act''), the Violence Against Women and Department 
of Justice Reauthorization Act of 2005 (Public Law 109-162), the 
Missing Children's Assistance Act (42 U.S.C. 5771 et seq.); the 
Prosecutorial Remedies and Other Tools to end the Exploitation of 
Children Today Act of 2003 (Public Law 108-21); the Victims of Child 
Abuse Act of 1990 (Public Law 101-647); the Adam Walsh Child Protection 
and Safety Act of 2006 (Public Law 109-248); the PROTECT Our Children 
Act of 2008 (Public Law 110-401), and other juvenile justice programs, 
$374,000,000, to remain available until expended as follows:
        (1) $75,000,000 for programs authorized by section 221 of the 
    1974 Act, and for training and technical assistance to assist 
    small, non-profit organizations with the Federal grants process;
        (2) $82,000,000 for grants and projects, as authorized by 
    sections 261 and 262 of the 1974 Act: Provided, That within the 
    amounts appropriated, $82,000,000 shall be used for the projects, 
    and in the amounts, specified in the explanatory statement 
    described in section 4 (in the matter preceding division A of this 
    consolidated Act);
        (3) $80,000,000 for youth mentoring grants;
        (4) $62,000,000 for delinquency prevention, as authorized by 
    section 505 of the 1974 Act, of which, pursuant to sections 261 and 
    262 thereof--
            (A) $25,000,000 shall be for the Tribal Youth Program;
            (B) $10,000,000 shall be for a gang resistance education 
        and training program; and
            (C) $25,000,000 shall be for grants of $360,000 to each 
        State and $4,840,000 shall be available for discretionary 
        grants, for programs and activities to enforce State laws 
        prohibiting the sale of alcoholic beverages to minors or the 
        purchase or consumption of alcoholic beverages by minors, for 
        prevention and reduction of consumption of alcoholic beverages 
        by minors, and for technical assistance and training;
        (5) $20,000,000 for programs authorized by the Victims of Child 
    Abuse Act of 1990; and
        (6) $55,000,000 for the Juvenile Accountability Block Grants 
    program as authorized by part R of title I of the 1968 Act and Guam 
    shall be considered a State:
Provided, That not more than 10 percent of each amount may be used for 
research, evaluation, and statistics activities designed to benefit the 
programs or activities authorized: Provided further, That not more than 
2 percent of each amount may be used for training and technical 
assistance: Provided further, That the previous two provisos shall not 
apply to grants and projects authorized by sections 261 and 262 of the 
1974 Act.


                      public safety officer benefits

    For payments and expenses authorized by part L of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796), 
such sums as are necessary, as authorized by section 6093 of Public Law 
100-690 (102 Stat. 4339-4340) (including amounts for administrative 
costs, which amounts shall be paid to the ``Salaries and Expenses'' 
account), to remain available until expended; and $5,000,000 for 
payments authorized by section 1201(b) of such Act; and $4,100,000 for 
educational assistance, as authorized by section 1212 of such Act.


                   community oriented policing services

    For activities authorized by the Violent Crime Control and Law 
Enforcement Act of 1994 (Public Law 103-322); the Omnibus Crime Control 
and Safe Streets Act of 1968 (``the 1968 Act''); the Violence Against 
Women and Department of Justice Reauthorization Act of 2005 (Public Law 
109-162); subtitle D of title II of the Homeland Security Act of 2002 
(Public Law 107-296), which may include research and development; and 
the USA PATRIOT Improvement and Reauthorization Act of 2005 (Public Law 
109-177); the Second Chance Act of 2007 (Public Law 110-199); the NICS 
Improvement Amendments Act of 2007 (Public Law 110-180); the Adam Walsh 
Child Protection and Safety Act of 2006 (Public Law 109-248) (the 
``Adam Walsh Act''); and the Justice for All Act of 2004 (Public Law 
108-405), $550,500,000, to remain available until expended: Provided, 
That any balances made available through prior year deobligations shall 
only be available in accordance with section 505 of this Act. Of the 
amount provided (which shall be by transfer, for programs administered 
by the Office of Justice Programs)--
        (1) $25,000,000 is for the matching grant program for armor 
    vests for law enforcement officers, as authorized by section 2501 
    of title I of the 1968 Act: Provided, That $1,500,000 is 
    transferred directly to the National Institute of Standards and 
    Technology's Office of Law Enforcement Standards from the Community 
    Oriented Policing Services Office for research, testing, and 
    evaluation programs: Provided further, That section 2501(f) of part 
    Y of title I of the 1968 Act (42 U.S.C. 3796ll(f)), is amended by 
    inserting at the end the following:
        ``(3) Waiver.--The Director may waive in whole or in part, the 
    match requirement of paragraph (1) in the case of fiscal hardship, 
    as determined by the Director.'';
        (2) $39,500,000 is for grants to entities described in section 
    1701 of title I of the 1968 Act, to address public safety and 
    methamphetamine manufacturing, sale, and use in hot spots as 
    authorized by section 754 of Public Law 109-177, and for other 
    anti-methamphetamine-related activities: Provided, That within the 
    amounts appropriated, $34,500,000 shall be used for the projects, 
    and in the amounts, specified in the explanatory statement 
    described in section 4 (in the matter preceding division A of this 
    consolidated Act);
        (3) $187,000,000 is for a law enforcement technologies and 
    interoperable communications program, and related law enforcement 
    and public safety equipment: Provided, That within the amounts 
    appropriated, $185,500,000 shall be used for the projects, and in 
    the amounts, specified in the explanatory statement described in 
    section 4 (in the matter preceding division A of this consolidated 
    Act);
        (4) $25,000,000 is for offender re-entry programs, as 
    authorized under section 101 and 211 of the Second Chance Act of 
    2007 (Public Law 110-199), of which $15,000,000 is for grants for 
    adult and juvenile offender state and local reentry demonstration 
    projects, and $10,000,000 is for grants for mentoring and 
    transitional services;
        (5) $10,000,000 is for grants to assist States and tribal 
    governments as authorized by the NICS Improvements Amendments Act 
    of 2007 (Public Law 110-180);
        (6) $10,000,000 is for grants to upgrade criminal records, as 
    authorized under the Crime Identification Technology Act of 1998 
    (42 U.S.C. 14601);
        (7) $156,000,000 is for DNA related and forensic programs and 
    activities as follows:
            (A) $151,000,000 for a DNA analysis and capacity 
        enhancement program and for other local, state, and Federal 
        forensic activities including the purposes of section 2 of the 
        DNA Analysis Backlog Elimination Act of 2000 (the Debbie Smith 
        DNA Backlog Grant Program); and
            (B) $5,000,000 for the purposes described in the Kirk 
        Bloodsworth Post-Conviction DNA Testing Program (Public Law 
        108-405, section 412);
        (8) $20,000,000 is for improving tribal law enforcement, 
    including equipment and training;
        (9) $15,000,000 is for programs to reduce gun crime and gang 
    violence;
        (10) $4,000,000 is for training and technical assistance;
        (11) $18,000,000 is for a national grant program the purpose of 
    which is to assist State and local law enforcement to locate, 
    arrest and prosecute child sexual predators and exploiters, and to 
    enforce sex offender registration laws described in section 1701(b) 
    of the 1968 Act, of which:
            (A) $5,000,000 is for sex offender management assistance as 
        authorized by the Adam Walsh Act and the Violent Crime Control 
        Act of 1994 (Public Law 103-322); and
            (B) $1,000,000 is for the National Sex Offender Public 
        Registry;
        (12) $16,000,000 is for expenses authorized by part AA of the 
    1968 Act (Secure our Schools); and
        (13) $25,000,000 is for Paul Coverdell Forensic Science 
    Improvement Grants under part BB of title I of the 1968 Act.


                          salaries and expenses

    For necessary expenses, not elsewhere specified in this title, for 
management and administration of programs within the Office on Violence 
Against Women, the Office of Justice Programs and the Community 
Oriented Policing Services Office, $174,000,000, of which not to exceed 
$14,000,000 shall be available for the Office on Violence Against 
Women; not to exceed $130,000,000 shall be available for the Office of 
Justice Programs; not to exceed $30,000,000 shall be available for the 
Community Oriented Policing Services Office: Provided, That, 
notwithstanding section 109 of title I of Public Law 90-351, an 
additional amount, not to exceed $21,000,000 shall be available for 
authorized activities of the Office of Audit, Assessment, and 
Management: Provided further, That the total amount available for 
management and administration of such programs shall not exceed 
$195,000,000.

               General Provisions--Department of Justice

    Sec. 201.  In addition to amounts otherwise made available in this 
title for official reception and representation expenses, a total of 
not to exceed $50,000 from funds appropriated to the Department of 
Justice in this title shall be available to the Attorney General for 
official reception and representation expenses.
    Sec. 202.  None of the funds appropriated by this title shall be 
available to pay for an abortion, except where the life of the mother 
would be endangered if the fetus were carried to term, or in the case 
of rape: Provided, That should this prohibition be declared 
unconstitutional by a court of competent jurisdiction, this section 
shall be null and void.
    Sec. 203.  None of the funds appropriated under this title shall be 
used to require any person to perform, or facilitate in any way the 
performance of, any abortion.
    Sec. 204.  Nothing in the preceding section shall remove the 
obligation of the Director of the Bureau of Prisons to provide escort 
services necessary for a female inmate to receive such service outside 
the Federal facility: Provided, That nothing in this section in any way 
diminishes the effect of section 203 intended to address the 
philosophical beliefs of individual employees of the Bureau of Prisons.
    Sec. 205. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Justice in 
this Act may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 10 percent by any such transfers: Provided, That 
any transfer pursuant to this section shall be treated as a 
reprogramming of funds under section 505 of this Act and shall not be 
available for obligation except in compliance with the procedures set 
forth in that section: Provided further, That none of the funds 
appropriated to ``Buildings and Facilities, Federal Prison System'' in 
this or any other Act may be transferred to ``Salaries and Expenses, 
Federal Prison System'', or any other Department of Justice account, 
unless the President certifies that such a transfer is necessary to the 
national security interests of the United States, and such authority 
shall not be delegated, and shall be subject to section 505 of this 
Act.
    Sec. 206.  The Attorney General is authorized to extend through 
September 30, 2010, the Personnel Management Demonstration Project 
transferred to the Attorney General pursuant to section 1115 of the 
Homeland Security Act of 2002, Public Law 107-296 (6 U.S.C. 533) 
without limitation on the number of employees or the positions covered.
    Sec. 207.  Notwithstanding any other provision of law, Public Law 
102-395 section 102(b) shall extend to the Bureau of Alcohol, Tobacco, 
Firearms and Explosives in the conduct of undercover investigative 
operations and shall apply without fiscal year limitation with respect 
to any undercover investigative operation initiated by the Bureau of 
Alcohol, Tobacco, Firearms and Explosives that is necessary for the 
detection and prosecution of crimes against the United States.
    Sec. 208.  None of the funds made available to the Department of 
Justice in this Act may be used for the purpose of transporting an 
individual who is a prisoner pursuant to conviction for crime under 
State or Federal law and is classified as a maximum or high security 
prisoner, other than to a prison or other facility certified by the 
Federal Bureau of Prisons as appropriately secure for housing such a 
prisoner.
    Sec. 209. (a) None of the funds appropriated by this Act may be 
used by Federal prisons to purchase cable television services, to rent 
or purchase videocassettes, videocassette recorders, or other 
audiovisual or electronic equipment used primarily for recreational 
purposes.
    (b) The preceding sentence does not preclude the renting, 
maintenance, or purchase of audiovisual or electronic equipment for 
inmate training, religious, or educational programs.
    Sec. 210.  None of the funds made available under this title shall 
be obligated or expended for Sentinel, or for any other major new or 
enhanced information technology program having total estimated 
development costs in excess of $100,000,000, unless the Deputy Attorney 
General and the investment review board certify to the Committees on 
Appropriations that the information technology program has appropriate 
program management and contractor oversight mechanisms in place, and 
that the program is compatible with the enterprise architecture of the 
Department of Justice.
    Sec. 211.  The notification thresholds and procedures set forth in 
section 505 of this Act shall apply to deviations from the amounts 
designated for specific activities in this Act and accompanying 
statement, and to any use of deobligated balances of funds provided 
under this title in previous years.
    Sec. 212.  None of the funds appropriated by this Act may be used 
to plan for, begin, continue, finish, process, or approve a public-
private competition under the Office of Management and Budget Circular 
A-76 or any successor administrative regulation, directive, or policy 
for work performed by employees of the Bureau of Prisons or of Federal 
Prison Industries, Incorporated.
    Sec. 213.  Notwithstanding any other provision of law, no funds 
shall be available for the salary, benefits, or expenses of any United 
States Attorney assigned dual or additional responsibilities by the 
Attorney General or his designee that exempt that United States 
Attorney from the residency requirements of 28 U.S.C. 545.
    Sec. 214.  None of the funds appropriated in this or any other Act 
shall be obligated for the initiation of a future phase of the Federal 
Bureau of Investigation's Sentinel program until the Attorney General 
certifies to the Committees on Appropriations that existing phases 
currently under contract for development or fielding have completed a 
majority of the work for that phase under the performance measurement 
baseline validated by the integrated baseline review conducted in 2008: 
Provided, That this restriction does not apply to planning and design 
activities for future phases: Provided further, That the Bureau will 
notify the Committees on Appropriations of any significant changes to 
the baseline.
    Sec. 215. (a) The Attorney General shall submit quarterly reports 
to the Inspector General of the Department of Justice regarding the 
costs and contracting procedures relating to each conference held by 
the Department of Justice during fiscal year 2009 for which the cost to 
the Government was more than $20,000.
    (b) Each report submitted under subsection (a) shall include, for 
each conference described in that subsection held during the applicable 
quarter--
        (1) a description of the subject of and number of participants 
    attending that conference;
        (2) a detailed statement of the costs to the Government 
    relating to that conference, including--
            (A) the cost of any food or beverages;
            (B) the cost of any audio-visual services; and
            (C) a discussion of the methodology used to determine which 
        costs relate to that conference; and
        (3) a description of the contracting procedures relating to 
    that conference, including--
            (A) whether contracts were awarded on a competitive basis 
        for that conference; and
            (B) a discussion of any cost comparison conducted by the 
        Department of Justice in evaluating potential contractors for 
        that conference.
    This title may be cited as the ``Department of Justice 
Appropriations Act, 2009''.

                               TITLE III

                                SCIENCE

                Office of Science and Technology Policy

    For necessary expenses of the Office of Science and Technology 
Policy, in carrying out the purposes of the National Science and 
Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 
6601-6671), hire of passenger motor vehicles, and services as 
authorized by 5 U.S.C. 3109, not to exceed $2,500 for official 
reception and representation expenses, and rental of conference rooms 
in the District of Columbia, $5,303,000.

             National Aeronautics and Space Administration

                                science

    For necessary expenses, not otherwise provided for, in the conduct 
and support of science research and development activities, including 
research, development, operations, support, and services; maintenance; 
construction of facilities including repair, rehabilitation, 
revitalization, and modification of facilities, construction of new 
facilities and additions to existing facilities, facility planning and 
design, and restoration, and acquisition or condemnation of real 
property, as authorized by law; environmental compliance and 
restoration; space flight, spacecraft control, and communications 
activities; program management; personnel and related costs, including 
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
travel expenses; purchase and hire of passenger motor vehicles; and 
purchase, lease, charter, maintenance, and operation of mission and 
administrative aircraft, $4,503,019,000 to remain available until 
September 30, 2010.

                              aeronautics

    For necessary expenses, not otherwise provided for, in the conduct 
and support of aeronautics research and development activities, 
including research, development, operations, support, and services; 
maintenance; construction of facilities including repair, 
rehabilitation, revitalization, and modification of facilities, 
construction of new facilities and additions to existing facilities, 
facility planning and design, and restoration, and acquisition or 
condemnation of real property, as authorized by law; environmental 
compliance and restoration; space flight, spacecraft control, and 
communications activities; program management; personnel and related 
costs, including uniforms or allowances therefor, as authorized by 5 
U.S.C. 5901-5902; travel expenses; purchase and hire of passenger motor 
vehicles; and purchase, lease, charter, maintenance, and operation of 
mission and administrative aircraft, $500,000,000 to remain available 
until September 30, 2010.

                              exploration

    For necessary expenses, not otherwise provided for, in the conduct 
and support of exploration research and development activities, 
including research, development, operations, support, and services; 
maintenance; construction of facilities including repair, 
rehabilitation, revitalization, and modification of facilities, 
construction of new facilities and additions to existing facilities, 
facility planning and design, and restoration, and acquisition or 
condemnation of real property, as authorized by law; environmental 
compliance and restoration; space flight, spacecraft control, and 
communications activities; program management, personnel and related 
costs, including uniforms or allowances therefor, as authorized by 5 
U.S.C. 5901-5902; travel expenses; purchase and hire of passenger motor 
vehicles; and purchase, lease, charter, maintenance, and operation of 
mission and administrative aircraft, $3,505,469,000 to remain available 
until September 30, 2010.

                            space operations

    For necessary expenses, not otherwise provided for, in the conduct 
and support of space operations research and development activities, 
including research, development, operations, support and services; 
space flight, spacecraft control and communications activities 
including operations, production, and services; maintenance; 
construction of facilities including repair, rehabilitation, 
revitalization and modification of facilities, construction of new 
facilities and additions to existing facilities, facility planning and 
design, and restoration, and acquisition or condemnation of real 
property, as authorized by law; environmental compliance and 
restoration; program management; personnel and related costs, including 
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
travel expenses; purchase and hire of passenger motor vehicles; and 
purchase, lease, charter, maintenance and operation of mission and 
administrative aircraft, $5,764,710,000, to remain available until 
September 30, 2010: Provided, That of the amounts provided under this 
heading, $2,981,724,000 shall be for Space Shuttle operations, 
production, research, development, and support, $2,060,162,000 shall be 
for International Space Station operations, production, research, 
development, and support, and $722,824,000 shall be for Space and 
Flight support.

                               education

    For necessary expenses, not otherwise provided for, in carrying out 
aerospace and aeronautical education research and development 
activities, including research, development, operations, support, and 
services; program management; personnel and related costs, uniforms or 
allowances therefor, as authorized by 5 U.S.C. 5901-5902; travel 
expenses; purchase and hire of passenger motor vehicles; and purchase, 
lease, charter, maintenance, and operation of mission and 
administrative aircraft, $169,200,000, to remain available until 
September 30, 2010.


                           cross agency support

    For necessary expenses, not otherwise provided for, in the conduct 
and support of science, aeronautics, exploration, space operations and 
education research and development activities, including research, 
development, operations, support, and services; maintenance; 
construction of facilities including repair, rehabilitation, 
revitalization, and modification of facilities, construction of new 
facilities and additions to existing facilities, facility planning and 
design, and restoration, and acquisition or condemnation of real 
property, as authorized by law; environmental compliance and 
restoration; space flight, spacecraft control, and communications 
activities; program management; personnel and related costs, including 
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
travel expenses; purchase and hire of passenger motor vehicles; not to 
exceed $70,000 for official reception and representation expenses; and 
purchase, lease, charter, maintenance, and operation of mission and 
administrative aircraft, $3,306,387,000, to remain available until 
September 30, 2010: Provided, That $2,024,000,000, together with not 
more than $9,000,000 to be derived from receipts pursuant to 42 U.S.C. 
2459j, shall be available for center management and operations: 
Provided further, That notwithstanding 42 U.S.C. 2459j, proceeds from 
enhanced use leases that may be made available for obligation for 
fiscal year 2009 shall not exceed $9,000,000: Provided further, That 
each annual budget request shall include an annual estimate of gross 
receipts and collections and proposed use of all funds collected 
pursuant to 42 U.S.C. 2459j: Provided further, That not less than 
$45,000,000 shall be available for independent verification and 
validation activities, of which $5,000,000 shall be available to 
develop core verification and validation competencies with small 
businesses, and $40,000,000 shall be available for operations of the 
independent verification and validation facility: Provided further,  
That within the amounts appropriated $67,500,000 shall be used for the 
projects, and in the amounts, specified in the explanatory statement 
described in section 4 (in the matter preceding division A of this 
consolidated Act).

                      office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the Inspector General Act of 1978, $33,600,000, to remain 
available until September 30, 2010.


                        administrative provisions

     Notwithstanding the limitation on the duration of availability of 
funds appropriated to the National Aeronautics and Space Administration 
for any account in this Act, except for ``Office of Inspector 
General'', when any activity has been initiated by the incurrence of 
obligations for construction of facilities or environmental compliance 
and restoration activities as authorized by law, such amount available 
for such activity shall remain available until expended. This provision 
does not apply to the amounts appropriated for institutional minor 
revitalization and minor construction of facilities, and institutional 
facility planning and design.
    Notwithstanding the limitation on the availability of funds 
appropriated to the National Aeronautics and Space Administration for 
any account in this Act, except for ``Office of Inspector General'', 
the amounts appropriated for construction of facilities shall remain 
available until September 30, 2011.
    Funds for announced prizes otherwise authorized shall remain 
available, without fiscal year limitation, until the prize is claimed 
or the offer is withdrawn.
    Not to exceed 5 percent of any appropriation made available for the 
current fiscal year for the National Aeronautics and Space 
Administration in this Act may be transferred between such 
appropriations, but no such appropriation, except as otherwise 
specifically provided, shall be increased by more than 10 percent by 
any such transfers. Any transfer pursuant to this provision shall be 
treated as a reprogramming of funds under section 505 of this Act and 
shall not be available for obligation except in compliance with the 
procedures set forth in that section.
    Notwithstanding any other provision of law, no funds shall be used 
to implement any Reduction in Force or other involuntary separations 
(except for cause) by the National Aeronautics and Space Administration 
prior to September 30, 2009.
    The unexpired balances of the Science, Aeronautics, and Exploration 
account, for activities for which funds are provided under this Act, 
may be transferred to the new accounts established in this Act that 
provide such activity. Balances so transferred shall be merged with the 
funds in the newly established accounts, but shall be available under 
the same terms, conditions and period of time as previously 
appropriated.
    For the closeout of all Space Shuttle contracts and associated 
programs, amounts that have expired but have not been cancelled in the 
Human Space Flight, Space Flight Capabilities, and Exploration 
Capabilities appropriations accounts shall remain available through 
fiscal year 2015 for the liquidation of valid obligations incurred 
during the period of fiscal year 2001 through fiscal year 2009.
    Funding designations and minimum funding requirements contained in 
any other Act shall not be applicable to funds appropriated by this 
title for the National Aeronautics and Space Administration.
    The Administrator of NASA shall, not later than February 2, 2009, 
submit to the appropriate committees of Congress a report that 
delineates by fiscal year, mission directorate and object class the 
full costs necessary for Space Shuttle retirement and transition 
activities for fiscal years 2006 through 2015 that includes, but is not 
limited to, the following:
        (1) the costs for environmental compliance and remediation;
        (2) the gross and net proceeds from exchange sales of excess 
    Space Shuttle equipment;
        (3) the costs to maintain required facilities at Kennedy Space 
    Center during the gap in human space flight;
        (4) the costs associated with preservation of historic 
    properties;
        (5) the costs of workforce transition; and
        (6) other costs related to Space Shuttle retirement and 
    transition.

                      National Science Foundation

                    research and related activities

    For necessary expenses in carrying out the National Science 
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and the Act 
to establish a National Medal of Science (42 U.S.C. 1880-1881); 
services as authorized by 5 U.S.C. 3109; maintenance and operation of 
aircraft and purchase of flight services for research support; 
acquisition of aircraft; and authorized travel; $5,183,100,000, to 
remain available until September 30, 2010, of which not to exceed 
$540,000,000 shall remain available until expended for polar research 
and operations support, and for reimbursement to other Federal agencies 
for operational and science support and logistical and other related 
activities for the United States Antarctic program: Provided, That from 
funds specified in the fiscal year 2009 budget request for icebreaking 
services, up to $54,000,000 shall be available for the procurement of 
polar icebreaking services: Provided further, That the National Science 
Foundation shall only reimburse the Coast Guard for such sums as are 
agreed to according to the existing memorandum of agreement: Provided 
further, That receipts for scientific support services and materials 
furnished by the National Research Centers and other National Science 
Foundation supported research facilities may be credited to this 
appropriation: Provided further, That not less than $133,000,000 shall 
be available for activities authorized by section 7002(b)(2)(A)(iv) of 
Public Law 110-69.


           major research equipment and facilities construction

    For necessary expenses for the acquisition, construction, 
commissioning, and upgrading of major research equipment, facilities, 
and other such capital assets pursuant to the National Science 
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), including 
authorized travel, $152,010,000, to remain available until expended.

                     education and human resources

    For necessary expenses in carrying out science and engineering 
education and human resources programs and activities pursuant to the 
National Science Foundation Act of 1950, as amended (42 U.S.C. 1861-
1875), including services as authorized by 5 U.S.C. 3109, authorized 
travel, and rental of conference rooms in the District of Columbia, 
$845,260,000, to remain available until September 30, 2010: Provided 
further, That not less than $55,000,000 shall be available until 
expended for activities authorized by section 7030 of Public Law 110-
69.

                 agency operations and award management

    For agency operations and award management necessary in carrying 
out the National Science Foundation Act of 1950, as amended (42 U.S.C. 
1861-1875); services authorized by 5 U.S.C. 3109; hire of passenger 
motor vehicles; not to exceed $9,000 for official reception and 
representation expenses; uniforms or allowances therefor, as authorized 
by 5 U.S.C. 5901-5902; rental of conference rooms in the District of 
Columbia; and reimbursement of the Department of Homeland Security for 
security guard services; $294,000,000: Provided, That contracts may be 
entered into under this heading in fiscal year 2009 for maintenance and 
operation of facilities, and for other services, to be provided during 
the next fiscal year.

                  office of the national science board

    For necessary expenses (including payment of salaries, authorized 
travel, hire of passenger motor vehicles, the rental of conference 
rooms in the District of Columbia, and the employment of experts and 
consultants under section 3109 of title 5, United States Code) involved 
in carrying out section 4 of the National Science Foundation Act of 
1950, as amended (42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 
et seq.), $4,030,000: Provided, That not to exceed $2,500 shall be 
available for official reception and representation expenses.

                      office of inspector general

    For necessary expenses of the Office of Inspector General as 
authorized by the Inspector General Act of 1978, as amended, 
$12,000,000.
     This title may be cited as the ``Science Appropriations Act, 
2009''.

                                TITLE IV

                            RELATED AGENCIES

                       Commission on Civil Rights


                          salaries and expenses

    For necessary expenses of the Commission on Civil Rights, including 
hire of passenger motor vehicles, $8,800,000: Provided, That none of 
the funds appropriated in this paragraph shall be used to employ in 
excess of four full-time individuals under Schedule C of the Excepted 
Service exclusive of one special assistant for each Commissioner: 
Provided further, That none of the funds appropriated in this paragraph 
shall be used to reimburse Commissioners for more than 75 billable 
days, with the exception of the chairperson, who is permitted 125 
billable days.

                Equal Employment Opportunity Commission

                         salaries and expenses

    For necessary expenses of the Equal Employment Opportunity 
Commission as authorized by title VII of the Civil Rights Act of 1964, 
the Age Discrimination in Employment Act of 1967, the Equal Pay Act of 
1963, the Americans with Disabilities Act of 1990, and the Civil Rights 
Act of 1991, including services as authorized by 5 U.S.C. 3109; hire of 
passenger motor vehicles as authorized by 31 U.S.C. 1343(b); 
nonmonetary awards to private citizens; and not to exceed $26,000,000 
for payments to State and local enforcement agencies for authorized 
services to the Commission, $343,925,000: Provided, That the Commission 
is authorized to make available for official reception and 
representation expenses not to exceed $2,500 from available funds: 
Provided further, That the Commission may take no action to implement 
any workforce repositioning, restructuring, or reorganization until 
such time as the House and Senate Committees on Appropriations have 
been notified of such proposals, in accordance with the reprogramming 
requirements of section 505 of this Act: Provided further, That the 
Chair is authorized to accept and use any gift or donation to carry out 
the work of the Commission.

                     International Trade Commission

                         salaries and expenses

    For necessary expenses of the International Trade Commission, 
including hire of passenger motor vehicles, and services as authorized 
by 5 U.S.C. 3109, and not to exceed $2,500 for official reception and 
representation expenses, $75,100,000, to remain available until 
expended.

                       Legal Services Corporation

               payment to the legal services corporation

    For payment to the Legal Services Corporation to carry out the 
purposes of the Legal Services Corporation Act of 1974, $390,000,000, 
of which $365,800,000 is for basic field programs and required 
independent audits; $4,200,000 is for the Office of Inspector General, 
of which such amounts as may be necessary may be used to conduct 
additional audits of recipients; $16,000,000 is for management and 
administration; $3,000,000 is for client self-help and information 
technology; and $1,000,000 is for loan repayment assistance: Provided, 
That the Legal Services Corporation may continue to provide locality 
pay to officers and employees at a rate no greater than that provided 
by the Federal Government to Washington, DC-based employees as 
authorized by 5 U.S.C. 5304, notwithstanding section 1005(d) of the 
Legal Services Corporation Act, 42 U.S.C. 2996(d).

          administrative provision--legal services corporation

    None of the funds appropriated in this Act to the Legal Services 
Corporation shall be expended for any purpose prohibited or limited by, 
or contrary to any of the provisions of, sections 501, 502, 503, 504, 
505, and 506 of Public Law 105-119, and all funds appropriated in this 
Act to the Legal Services Corporation shall be subject to the same 
terms and conditions set forth in such sections, except that all 
references in sections 502 and 503 to 1997 and 1998 shall be deemed to 
refer instead to 2008 and 2009, respectively.

                        Marine Mammal Commission

                         salaries and expenses

    For necessary expenses of the Marine Mammal Commission as 
authorized by title II of Public Law 92-522, $3,200,000.

            Office of the United States Trade Representative

                         salaries and expenses

    For necessary expenses of the Office of the United States Trade 
Representative, including the hire of passenger motor vehicles and the 
employment of experts and consultants as authorized by 5 U.S.C. 3109, 
$47,272,000, of which $1,000,000 shall remain available until expended: 
Provided, That not to exceed $124,000 shall be available for official 
reception and representation expenses: Provided further, That 
negotiations shall be conducted within the World Trade Organization to 
recognize the right of members to distribute monies collected from 
antidumping and countervailing duties: Provided further, That 
negotiations shall be conducted within the World Trade Organization 
consistent with the negotiating objectives contained in the Trade Act 
of 2002, Public Law 107-210.

                        State Justice Institute

                         salaries and expenses

    For necessary expenses of the State Justice Institute, as 
authorized by the State Justice Institute Authorization Act of 1984 (42 
U.S.C. 10701 et. seq.) $4,100,000, of which $250,000 shall remain 
available until September 30, 2010: Provided, That not to exceed $2,500 
shall be available for official reception and representation expenses.

                                TITLE V

                           GENERAL PROVISIONS

    Sec. 501. No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes not authorized by the 
Congress.
    Sec. 502. 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. 503. The expenditure of any appropriation under this Act for 
any consulting service through procurement contract, pursuant to 5 
U.S.C. 3109, shall be limited to those contracts where such 
expenditures are a matter of public record and available for public 
inspection, except where otherwise provided under existing law, or 
under existing Executive order issued pursuant to existing law.
    Sec. 504. If any provision of this Act or the application of such 
provision to any person or circumstances shall be held invalid, the 
remainder of the Act and the application of each provision to persons 
or circumstances other than those as to which it is held invalid shall 
not be affected thereby.
    Sec. 505. (a) None of the funds provided under this Act, or 
provided under previous appropriations Acts to the agencies funded by 
this Act 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 the reprogramming of funds that:
    (1) creates or initiates a new program, project or activity;
    (2) eliminates a program, project or activity, unless the House and 
Senate Committees on Appropriations are notified 15 days in advance of 
such reprogramming of funds;
    (3) increases funds or personnel by any means for any project or 
activity for which funds have been denied or restricted by this Act, 
unless the House and Senate Committees on Appropriations are notified 
15 days in advance of such reprogramming of funds;
    (4) relocates an office or employees, unless the House and Senate 
Committees on Appropriations are notified 15 days in advance of such 
reprogramming of funds;
    (5) reorganizes or renames offices, programs or activities, unless 
the House and Senate Committees on Appropriations are notified 15 days 
in advance of such reprogramming of funds;
    (6) contracts out or privatizes any functions or activities 
presently performed by Federal employees, unless the House and Senate 
Committees on Appropriations are notified 15 days in advance of such 
reprogramming of funds;
    (7) proposes to use funds directed for a specific activity by 
either the House or Senate Committee on Appropriations for a different 
purpose, unless the House and Senate Committees on Appropriations are 
notified 15 days in advance of such reprogramming of funds;
    (8) augments funds for existing programs, projects or activities in 
excess of $500,000 or 10 percent, whichever is less, or reduces by 10 
percent funding for any program, project or activity, or numbers of 
personnel by 10 percent as approved by Congress, unless the House and 
Senate Committees on Appropriations are notified 15 days in advance of 
such reprogramming of funds; or
    (9) results from any general savings, including savings from a 
reduction in personnel, which would result in a change in existing 
programs, projects or activities as approved by Congress, unless the 
House and Senate Committees on Appropriations are notified 15 days in 
advance of such reprogramming of funds.
    (b) None of the funds in provided under this Act, or provided under 
previous appropriations Acts to the agencies funded by this Act 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 the 
reprogramming of funds after August 1, except in extraordinary 
circumstances, and only after the House and Senate Committees on 
Appropriations are notified 30 days in advance of such reprogramming of 
funds.
    Sec. 506. Hereafter, none of the funds made available in this or 
any other Act may be used to implement, administer, or enforce any 
guidelines of the Equal Employment Opportunity Commission covering 
harassment based on religion, when it is made known to the Federal 
entity or official to which such funds are made available that such 
guidelines do not differ in any respect from the proposed guidelines 
published by the Commission on October 1, 1993 (58 Fed. Reg. 51266).
    Sec. 507. If it has been finally determined by a court or Federal 
agency that any person intentionally affixed a label bearing a ``Made 
in America'' inscription, or any inscription with the same meaning, to 
any product sold in or shipped to the United States that is not made in 
the United States, the person shall be ineligible to receive any 
contract or subcontract made with funds made available in this Act, 
pursuant to the debarment, suspension, and ineligibility procedures 
described in sections 9.400 through 9.409 of title 48, Code of Federal 
Regulations.
    Sec. 508. The Departments of Commerce and Justice, the National 
Science Foundation, and the National Aeronautics and Space 
Administration, shall provide to the House and Senate Committees on 
Appropriations a quarterly accounting of the cumulative balances of any 
unobligated funds that were received by such agency during any previous 
fiscal year.
    Sec. 509. Any costs incurred by a department or agency funded under 
this Act resulting from, or to prevent, personnel actions taken in 
response to funding reductions included in this Act shall be absorbed 
within the total budgetary resources available to such department or 
agency: Provided, That the authority to transfer funds between 
appropriations accounts as may be necessary to carry out this section 
is provided in addition to authorities included elsewhere in this Act: 
Provided further, That use of funds to carry out this section shall be 
treated as a reprogramming of funds under section 505 of this Act and 
shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.
    Sec. 510. None of the funds provided by this Act shall be available 
to promote the sale or export of tobacco or tobacco products, or to 
seek the reduction or removal by any foreign country of restrictions on 
the marketing of tobacco or tobacco products, except for restrictions 
which are not applied equally to all tobacco or tobacco products of the 
same type.
    Sec. 511. None of the funds appropriated pursuant to this Act or 
any other provision of law may be used for--
        (1) the implementation of any tax or fee in connection with the 
    implementation of subsection 922(t) of title 18, United States 
    Code; and
        (2) any system to implement subsection 922(t) of title 18, 
    United States Code, that does not require and result in the 
    destruction of any identifying information submitted by or on 
    behalf of any person who has been determined not to be prohibited 
    from possessing or receiving a firearm no more than 24 hours after 
    the system advises a Federal firearms licensee that possession or 
    receipt of a firearm by the prospective transferee would not 
    violate subsection (g) or (n) of section 922 of title 18, United 
    States Code, or State law.
    Sec. 512. Notwithstanding any other provision of law, amounts 
deposited or available in the Fund established under 42 U.S.C. 10601 in 
any fiscal year in excess of $635,000,000 shall not be available for 
obligation until the following fiscal year.
    Sec. 513. None of the funds made available to the Department of 
Justice in this Act may be used to discriminate against or denigrate 
the religious or moral beliefs of students who participate in programs 
for which financial assistance is provided from those funds, or of the 
parents or legal guardians of such students.
    Sec. 514. 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 Act or any other appropriations Act.
    Sec. 515. Any funds provided in this Act used to implement E-
Government Initiatives shall be subject to the procedures set forth in 
section 505 of this Act.
    Sec. 516. (a) Tracing studies conducted by the Bureau of Alcohol, 
Tobacco, Firearms and Explosives are released without adequate 
disclaimers regarding the limitations of the data.
    (b) The Bureau of Alcohol, Tobacco, Firearms and Explosives shall 
include in all such data releases, language similar to the following 
that would make clear that trace data cannot be used to draw broad 
conclusions about firearms-related crime:
        (1) Firearm traces are designed to assist law enforcement 
    authorities in conducting investigations by tracking the sale and 
    possession of specific firearms. Law enforcement agencies may 
    request firearms traces for any reason, and those reasons are not 
    necessarily reported to the Federal Government. Not all firearms 
    used in crime are traced and not all firearms traced are used in 
    crime.
        (2) Firearms selected for tracing are not chosen for purposes 
    of determining which types, makes, or models of firearms are used 
    for illicit purposes. The firearms selected do not constitute a 
    random sample and should not be considered representative of the 
    larger universe of all firearms used by criminals, or any subset of 
    that universe. Firearms are normally traced to the first retail 
    seller, and sources reported for firearms traced do not necessarily 
    represent the sources or methods by which firearms in general are 
    acquired for use in crime.
    Sec. 517. (a) The Inspectors General of the Department of Commerce, 
the Department of Justice, the National Aeronautics and Space 
Administration, the National Science Foundation, and the Legal Services 
Corporation shall conduct audits, pursuant to the Inspector General Act 
(5 U.S.C. App.), of grants or contracts for which funds are 
appropriated by this Act, and shall submit reports to Congress on the 
progress of such audits, which may include preliminary findings and a 
description of areas of particular interest, within 180 days after 
initiating such an audit and every 180 days thereafter until any such 
audit is completed.
    (b) Within 60 days after the date on which an audit described in 
subsection (a) by an Inspector General is completed, the Secretary, 
Attorney General, Administrator, Director, or President, as 
appropriate, shall make the results of the audit available to the 
public on the Internet website maintained by the Department, 
Administration, Foundation, or Corporation, respectively. The results 
shall be made available in redacted form to exclude--
        (1) any matter described in section 552(b) of title 5, United 
    States Code; and
        (2) sensitive personal information for any individual, the 
    public access to which could be used to commit identity theft or 
    for other inappropriate or unlawful purposes.
    (c) A grant or contract funded by amounts appropriated by this Act 
may not be used for the purpose of defraying the costs of a banquet or 
conference that is not directly and programmatically related to the 
purpose for which the grant or contract was awarded, such as a banquet 
or conference held in connection with planning, training, assessment, 
review, or other routine purposes related to a project funded by the 
grant or contract.
    (d) Any person awarded a grant or contract funded by amounts 
appropriated by this Act shall submit a statement to the Secretary of 
Commerce, the Attorney General, the Administrator, Director, or 
President, as appropriate, certifying that no funds derived from the 
grant or contract will be made available through a subcontract or in 
any other manner to another person who has a financial interest in the 
person awarded the grant or contract.
    (e) The provisions of the preceding subsections of this section 
shall take effect 30 days after the date on which the Director of the 
Office of Management and Budget, in consultation with the Director of 
the Office of Government Ethics, determines that a uniform set of rules 
and requirements, substantially similar to the requirements in such 
subsections, consistently apply under the executive branch ethics 
program to all Federal departments, agencies, and entities.
    Sec. 518. None of the funds appropriated or otherwise made 
available under this Act may be used to issue patents on claims 
directed to or encompassing a human organism.
    Sec. 519. None of the funds made available in this Act shall be 
used in any way whatsoever to support or justify the use of torture by 
any official or contract employee of the United States Government.
    Sec. 520. (a) Notwithstanding any other provision of law or treaty, 
none of the funds appropriated or otherwise made available under this 
Act or any other Act may be expended or obligated by a department, 
agency, or instrumentality of the United States to pay administrative 
expenses or to compensate an officer or employee of the United States 
in connection with requiring an export license for the export to Canada 
of components, parts, accessories or attachments for firearms listed in 
Category I, section 121.1 of title 22, Code of Federal Regulations 
(International Trafficking in Arms Regulations (ITAR), part 121, as it 
existed on April 1, 2005) with a total value not exceeding $500 
wholesale in any transaction, provided that the conditions of 
subsection (b) of this section are met by the exporting party for such 
articles.
    (b) The foregoing exemption from obtaining an export license--
        (1) does not exempt an exporter from filing any Shipper's 
    Export Declaration or notification letter required by law, or from 
    being otherwise eligible under the laws of the United States to 
    possess, ship, transport, or export the articles enumerated in 
    subsection (a); and
        (2) does not permit the export without a license of--
            (A) fully automatic firearms and components and parts for 
        such firearms, other than for end use by the Federal 
        Government, or a Provincial or Municipal Government of Canada;
            (B) barrels, cylinders, receivers (frames) or complete 
        breech mechanisms for any firearm listed in Category I, other 
        than for end use by the Federal Government, or a Provincial or 
        Municipal Government of Canada; or
            (C) articles for export from Canada to another foreign 
        destination.
    (c) In accordance with this section, the District Directors of 
Customs and postmasters shall permit the permanent or temporary export 
without a license of any unclassified articles specified in subsection 
(a) to Canada for end use in Canada or return to the United States, or 
temporary import of Canadian-origin items from Canada for end use in 
the United States or return to Canada for a Canadian citizen.
    (d) The President may require export licenses under this section on 
a temporary basis if the President determines, upon publication first 
in the Federal Register, that the Government of Canada has implemented 
or maintained inadequate import controls for the articles specified in 
subsection (a), such that a significant diversion of such articles has 
and continues to take place for use in international terrorism or in 
the escalation of a conflict in another nation. The President shall 
terminate the requirements of a license when reasons for the temporary 
requirements have ceased.
    Sec. 521. Notwithstanding any other provision of law, no 
department, agency, or instrumentality of the United States receiving 
appropriated funds under this Act or any other Act shall obligate or 
expend in any way such funds to pay administrative expenses or the 
compensation of any officer or employee of the United States to deny 
any application submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and 
qualified pursuant to 27 CFR section 478.112 or .113, for a permit to 
import United States origin ``curios or relics'' firearms, parts, or 
ammunition.
    Sec. 522. None of the funds made available in this Act may be used 
to include in any new bilateral or multilateral trade agreement the 
text of--
        (1) paragraph 2 of article 16.7 of the United States-Singapore 
    Free Trade Agreement;
        (2) paragraph 4 of article 17.9 of the United States-Australia 
    Free Trade Agreement; or
        (3) paragraph 4 of article 15.9 of the United States-Morocco 
    Free Trade Agreement.
    Sec. 523. None of the funds made available in this Act may be used 
to authorize or issue a national security letter in contravention of 
any of the following laws authorizing the Federal Bureau of 
Investigation to issue national security letters: The Right to 
Financial Privacy Act; The Electronic Communications Privacy Act; The 
Fair Credit Reporting Act; The National Security Act of 1947; USA 
PATRIOT Act; and the laws amended by these Acts.
    Sec. 524. If at any time during any quarter, the program manager of 
a project within the jurisdiction of the Departments of Commerce or 
Justice, the National Aeronautics and Space Administration, or the 
National Science Foundation totaling more than $75,000,000 has 
reasonable cause to believe that the total program cost has increased 
by 10 percent, the program manager shall immediately inform the 
Secretary, Administrator, or Director. The Secretary, Administrator, or 
Director shall notify the House and Senate Committees on Appropriations 
within 30 days in writing of such increase, and shall include in such 
notice: the date on which such determination was made; a statement of 
the reasons for such increases; the action taken and proposed to be 
taken to control future cost growth of the project; changes made in the 
performance or schedule milestones and the degree to which such changes 
have contributed to the increase in total program costs or procurement 
costs; new estimates of the total project or procurement costs; and a 
statement validating that the project's management structure is 
adequate to control total project or procurement costs.
    Sec. 525. Funds appropriated by this Act, or made available by the 
transfer of funds in this Act, for intelligence or intelligence related 
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. 526. The Departments, agencies, and commissions funded under 
this Act, shall establish and maintain on the homepages of their 
Internet websites--
        (1) a direct link to the Internet websites of their Offices of 
    Inspectors General; and
        (2) a mechanism on the Offices of Inspectors General website by 
    which individuals may anonymously report cases of waste, fraud, or 
    abuse with respect to those Departments, agencies, and commissions.
    Sec. 527.  None of the funds appropriated or otherwise made 
available by this Act may be used to enter into a contract in an amount 
greater than $5,000,000 or to award a grant in excess of such amount 
unless the prospective contractor or grantee certifies in writing to 
the agency awarding the contract or grant that, to the best of its 
knowledge and belief, the contractor or grantee has filed all Federal 
tax returns required during the three years preceding the 
certification, has not been convicted of a criminal offense under the 
Internal Revenue Code of 1986, and has not, more than 90 days prior to 
certification, been notified of any unpaid Federal tax assessment for 
which the liability remains unsatisfied, unless the assessment is the 
subject of an installment agreement or offer in compromise that has 
been approved by the Internal Revenue Service and is not in default, or 
the assessment is the subject of a non-frivolous administrative or 
judicial proceeding.
    Sec. 528. None of the funds appropriated or otherwise made 
available in this Act may be used in a manner that is inconsistent with 
the principal negotiating objective of the United States with respect 
to trade remedy laws to preserve the ability of the United States--
        (1) to enforce vigorously its trade laws, including 
    antidumping, countervailing duty, and safeguard laws;
        (2) to avoid agreements that--
            (A) lessen the effectiveness of domestic and international 
        disciplines on unfair trade, especially dumping and subsidies; 
        or
            (B) lessen the effectiveness of domestic and international 
        safeguard provisions, in order to ensure that United States 
        workers, agricultural producers, and firms can compete fully on 
        fair terms and enjoy the benefits of reciprocal trade 
        concessions; and
        (3) to address and remedy market distortions that lead to 
    dumping and subsidization, including overcapacity, cartelization, 
    and market-access barriers.


                              (Rescissions)

    Sec. 529. (a) Of the unobligated balances available to the 
Department of Commerce from prior appropriations, the following funds 
are hereby rescinded from the following accounts and programs in the 
specified amounts:
        (1) ``Economic Development Administration, Economic Development 
    Assistance Programs'', $15,000,000;
        (2) ``National Institute of Standards and Technology, 
    Industrial Technology Services'', $5,000,000;
        (3) ``National Telecommunications and Information 
    Administration, Salaries and Expenses'', $3,000,000;
        (4) ``National Telecommunications and Information 
    Administration, Public Telecommunications, Facilities, Planning and 
    Construction'', $1,600,000; and
        (5) ``Bureau of the Census, Periodic Censuses and Programs'', 
    $1,000,000.
    (b) Of the unobligated balances available to the Department of 
Justice from prior appropriations, the following funds are hereby 
rescinded, not later than September 30, 2009, from the following 
accounts in the specified amounts:
        (1) ``General Administration, Working Capital Fund'', 
    $100,000,000;
        (2) ``Legal Activities, Assets Forfeiture Fund'', $285,000,000;
        (3) ``Office of Justice Programs'', $100,000,000; and
        (4) ``Community Oriented Policing Services'', $100,000,000.
    (c) Each department affected by the recissions contained in 
subsections (a) and (b) shall, within 30 days of enactment of this Act, 
submit to the Committee on Appropriations of the House of 
Representatives and the Senate a report specifying the amount of each 
rescission made pursuant to this section.
    (d) The recissions contained in this section shall not apply to 
funds provided in this Act.
    Sec. 530. None of the funds made available in this Act may be used 
to purchase first class or premium airline travel in contravention of 
sections 301-10.122 through 301-10.124 of title 41 of the Code of 
Federal Regulations.
    Sec. 531. None of the funds made available in this Act may be used 
to send or otherwise pay for the attendance of more than 50 employees 
from a Federal department or agency at any single conference occurring 
outside the United States.
    This division may be cited as the ``Commerce, Justice, Science, and 
Related Agencies Appropriations Act, 2009''.

     DIVISION C--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 2009

                                TITLE I

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

    The following appropriations shall be expended under the direction 
of the Secretary of the Army and the supervision of the Chief of 
Engineers for authorized civil functions of the Department of the Army 
pertaining to rivers and harbors, flood and storm damage reduction, 
shore protection, aquatic ecosystem restoration, and related efforts.


                              Investigations

    For expenses necessary where authorized by law for the collection 
and study of basic information pertaining to river and harbor, flood 
and storm damage reduction, shore protection, aquatic ecosystem 
restoration, and related needs; for surveys and detailed studies, and 
plans and specifications of proposed river and harbor, flood and storm 
damage reduction, shore protection, and aquatic ecosystem restoration 
projects and related efforts prior to construction; for restudy of 
authorized projects; and for miscellaneous investigations and, when 
authorized by law, surveys and detailed studies, and plans and 
specifications of projects prior to construction, $168,100,000, to 
remain available until expended: Provided, That, except as provided in 
section 101 of this Act, the amounts made available under this 
paragraph shall be expended as authorized in law for the projects and 
activities specified in the text and table under this heading in the 
explanatory statement described in section 4 (in the matter preceding 
division A of this consolidated Act).


                               Construction

    For expenses necessary for the construction of river and harbor, 
flood and storm damage reduction, shore protection, aquatic ecosystem 
restoration, and related projects authorized by law; for conducting 
detailed studies, and plans and specifications, of such projects 
(including those involving participation by States, local governments, 
or private groups) authorized or made eligible for selection by law 
(but such detailed studies, and plans and specifications, shall not 
constitute a commitment of the Government to construction); 
$2,141,677,000, to remain available until expended; of which such sums 
as are necessary to cover the Federal share of construction costs for 
facilities under the Dredged Material Disposal Facilities program shall 
be derived from the Harbor Maintenance Trust Fund as authorized by 
Public Law 104-303; and of which such sums as are necessary pursuant to 
Public Law 99-662 shall be derived from the Inland Waterways Trust 
Fund, to cover one-half of the costs of construction, replacement, 
rehabilitation, and expansion of inland waterways projects (including 
only Chickamauga Lock, Tennessee; Kentucky Lock and Dam, Tennessee 
River, Kentucky; Lock and Dams 2, 3, and 4 Monongahela River, 
Pennsylvania; Marmet Lock and Dam, West Virginia; McAlpine Lock and 
Dam, Kentucky and Indiana; Olmsted Lock and Dam, Illinois and Kentucky; 
Gray's Landing Lock and Dam, Pennsylvania; R.C. Byrd Lock and Dam, Ohio 
and West Virginia; and Point Marion Lock and Dam, Pennsylvania) shall 
be derived from the Inland Waterways Trust Fund: Provided, That the 
Chief of Engineers is directed to use $13,000,000 of the funds 
appropriated herein for the Dallas Floodway Extension, Texas, project, 
including the Cadillac Heights feature, generally in accordance with 
the Chief of Engineers report dated December 7, 1999: Provided further, 
That the Chief of Engineers is directed to use $8,000,000 of the funds 
appropriated herein for planning, engineering, design or construction 
of the Grundy, Buchanan County, and Dickenson County, Virginia, 
elements of the Levisa and Tug Forks of the Big Sandy River and Upper 
Cumberland River Project: Provided further, That the Chief of Engineers 
is directed to use $8,500,000 of the funds appropriated herein to 
continue planning, engineering, design or construction of the Lower 
Mingo County, Upper Mingo County, Wayne County, McDowell County, West 
Virginia, elements of the Levisa and Tug Forks of the Big Sandy River 
and Upper Cumberland River Project: Provided further, That the 
Secretary of the Army, acting through the Chief of Engineers, is 
directed to use $9,000,000 of the funds appropriated herein for the 
Clover Fork, City of Cumberland, Town of Martin, Pike County (including 
Levisa Fork and Tug Fork Tributaries), Bell County, Harlan County in 
accordance with the Draft Detailed Project Report dated January 2002, 
Floyd County, Martin County, Johnson County, and Knox County, Kentucky, 
detailed project report, elements of the Levisa and Tug Forks of the 
Big Sandy River and Upper Cumberland River: Provided further, That the 
Chief of Engineers is directed to use $17,048,000 of the funds provided 
herein for planning and design and construction of a rural health care 
facility on the Fort Berthold Reservation of the Three Affiliated 
Tribes, North Dakota: Provided further, That, except as provided in 
section 101 of this Act, the amounts made available under this 
paragraph shall be expended as authorized in law for the projects and 
activities specified in the text and table under this heading in the 
explanatory statement described in section 4 (in the matter preceding 
division A of the consolidated Act).


                    Mississippi River and Tributaries

    For expenses necessary for flood damage reduction projects and 
related efforts in the Mississippi River alluvial valley below Cape 
Girardeau, Missouri, as authorized by law, $383,823,000, to remain 
available until expended, of which such sums as are necessary to cover 
the Federal share of eligible operation and maintenance costs for 
inland harbors shall be derived from the Harbor Maintenance Trust Fund: 
Provided, That the Chief of Engineers is directed to use $5,000,000 of 
the funds provided herein for design and real estate activities and 
pump supply elements for the Yazoo Basin, Yazoo Backwater Pumping 
Plant, Mississippi: Provided further, That the Secretary of the Army, 
acting through the Chief of Engineers is directed to use $8,000,000 
appropriated herein for construction of water withdrawal features of 
the Grand Prairie, Arkansas, project: Provided further, That, except as 
provided in section 101 of this Act, the amounts made available under 
this paragraph shall be expended as authorized in law for the projects 
and activities specified in the text and table under this heading in 
the explanatory statement described in section 4 (in the matter 
preceding division A of this consolidated Act).


                        operation and maintenance

    For expenses necessary for the operation, maintenance, and care of 
existing river and harbor, flood and storm damage reduction, aquatic 
ecosystem restoration, and related projects authorized by law; 
providing security for infrastructure owned or operated by the Corps, 
including administrative buildings and laboratories; maintaining harbor 
channels provided by a State, municipality, or other public agency that 
serve essential navigation needs of general commerce, where authorized 
by law; surveying and charting northern and northwestern lakes and 
connecting waters; clearing and straightening channels; and removing 
obstructions to navigation, $2,201,900,000, to remain available until 
expended, of which such sums as are necessary to cover the Federal 
share of eligible operation and maintenance costs for coastal harbors 
and channels, and for inland harbors shall be derived from the Harbor 
Maintenance Trust Fund; of which such sums as become available from the 
special account for the Corps established by the Land and Water 
Conservation Act of 1965, as amended (16 U.S.C. 460l-6a(i)), shall be 
derived from that account for resource protection, research, 
interpretation, and maintenance activities related to resource 
protection in the areas at which outdoor recreation is available; and 
of which such sums as become available from fees collected under 
section 217 of the Water Resources Development Act of 1996 (Public Law 
104-303), shall be used to cover the cost of operation and maintenance 
of the dredged material disposal facilities for which such fees have 
been collected: Provided, That of the amounts provided herein, not to 
exceed $500,000 is provided to the Secretary of the Army to reimburse 
travel expenses as provided for in section 9003(f) of the Water 
Resources Development Act of 2007, Public Law 110-114 (121 Stat. 1289-
1290): Provided further, That 2 percent of the total amount of funds 
provided for each of the programs, projects or activities funded under 
this heading shall not be allocated to a field operating activity prior 
to the beginning of the fourth quarter of the fiscal year and shall be 
available for use by the Chief of Engineers to fund such emergency 
activities as the Chief of Engineers determines to be necessary and 
appropriate; and that the Chief of Engineers shall allocate during the 
fourth quarter any remaining funds which have not been used for 
emergency activities proportionally in accordance with the amounts 
provided for the programs, projects or activities: Provided further, 
That, except as provided in section 101 of this Act, the amounts made 
available under this paragraph shall be expended as authorized in law 
for the projects and activities specified in the text and table under 
the heading in the explanatory statement described in section 4 (in the 
matter preceding division A of this consolidated Act).


                            Regulatory Program

    For expenses necessary for administration of laws pertaining to 
regulation of navigable waters and wetlands, $183,000,000, to remain 
available until expended: Provided, That the Secretary of the Army, 
acting through the Chief of Engineers, may use up to $3,200,000 of the 
funds appropriated herein to reimburse the Port of Arlington, Gillam 
County, Oregon, for those direct construction costs determined by the 
Secretary to have been incurred by the Port as a result of and 
following issuance of the Department of the Army Regulatory Program 
permit for the construction of a commercial dock and offload facility 
at the Port in February 2007, including the removal of the commercial 
dock and offload facility.


             Formerly Utilized Sites Remedial Action Program

    For expenses necessary to clean up contamination from sites in the 
United States resulting from work performed as part of the Nation's 
early atomic energy program, $140,000,000, to remain available until 
expended.


                                 Expenses

    For expenses necessary for the supervision and general 
administration of the civil works program in the headquarters of the 
United States Army Corps of Engineers, and the offices of the Division 
Engineers; and for the management and operation of the Humphreys 
Engineer Center Support Activity, the Institute for Water Resources, 
the United States Army Engineer Research and Development Center, and 
the United States Army Corps of Engineers Finance Center, $179,365,000, 
to remain available until expended, of which not to exceed $5,000 may 
be used for official reception and representation purposes and only 
during the current fiscal year: Provided, That no part of any other 
appropriation provided in title I of this Act shall be available to 
fund the civil works activities of the Office of the Chief of Engineers 
or the civil works executive direction and management activities of the 
division offices.


         office of assistant secretary of the army (civil works)

    For the Office of Assistant Secretary of the Army (Civil Works) as 
authorized by 10 U.S.C. 3016(b)(3), $4,500,000, to remain available 
until expended.


                         Administrative Provision

    The Revolving Fund, Corps of Engineers, shall be available during 
the current fiscal year for purchase (not to exceed 100 for replacement 
only) and hire of passenger motor vehicles for the civil works program.


              GENERAL PROVISIONS, Corps of Engineers--Civil

    Sec. 101. (a) None of the funds provided in title I of this Act, or 
provided by previous appropriations Acts to the agencies or entities 
funded in title I of this Act that remain available for obligation or 
expenditure in fiscal year 2009, shall be available for obligation or 
expenditure through a reprogramming of funds that:
        (1) creates or initiates a new program, project, or activity;
        (2) eliminates a program, project, or activity;
        (3) increases funds or personnel for any program, project, or 
    activity for which funds have been denied or restricted by this 
    Act, unless prior approval is received from the House and Senate 
    Committees on Appropriations;
        (4) proposes to use funds directed for a specific activity for 
    a different purpose, unless prior approval is received from the 
    House and Senate Committees on Appropriations;
        (5) augments or reduces existing programs, projects or 
    activities in excess of the amounts contained in subsections 6 
    through 10, unless prior approval is received from the House and 
    Senate Committees on Appropriations;
        (6) Investigations.--For a base level over $100,000, 
    reprogramming of 25 percent of the base amount up to a limit of 
    $150,000 per project, study or activity is allowed: Provided, That 
    for a base level less than $100,000, the reprogramming limit is 
    $25,000; Provided further, That up to $25,000 may be reprogrammed 
    into any continuing study or activity that did not receive an 
    appropriation for existing obligations and concomitant 
    administrative expenses;
        (7) Construction.--For a base level over $2,000,000, 
    reprogramming of 15 percent of the base amount up to a limit of 
    $3,000,000 per project, study or activity is allowed: Provided, 
    That for a base level less than $2,000,000, the reprogramming limit 
    is $300,000: Provided further, That up to $3,000,000 may be 
    reprogrammed for settled contractor claims, changed conditions, or 
    real estate deficiency judgments: Provided further, That up to 
    $300,000 may be reprogrammed into any continuing study or activity 
    that did not receive an appropriation for existing obligations and 
    concomitant administrative expenses;
        (8) Operation and maintenance.--Unlimited reprogramming 
    authority is granted in order for the Corps to be able to respond 
    to emergencies: Provided, That the Chief of Engineers must notify 
    the House and Senate Committees on Appropriations of these 
    emergency actions as soon thereafter as practicable: Provided 
    further, That for a base level over $1,000,000, reprogramming of 15 
    percent of the base amount up to a limit of $5,000,000 per project, 
    study or activity is allowed: Provided further, That for a base 
    level less than $1,000,000, the reprogramming limit is $150,000: 
    Provided further, That $150,000 may be reprogrammed into any 
    continuing study or activity that did not receive an appropriation;
        (9) Mississippi river and tributaries.--The same reprogramming 
    guidelines for the Investigations, Construction, and Operation and 
    Maintenance portions of the Mississippi River and Tributaries 
    Account as listed above; and
        (10) Formerly utilized sites remedial action program.--
    Reprogramming of up to 15 percent of the base of the receiving 
    project is permitted.
    (b) Continuing Authorities Program.--Subsection (a)(1) shall not 
apply to any project or activity funded under the continuing 
authorities program.
    (c) Not later than 60 days after the date of enactment of this Act, 
the Corps of Engineers shall submit a report to the House and Senate 
Committees on Appropriations to establish the baseline for application 
of reprogramming and transfer authorities for the current fiscal year: 
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 
    object class and program, project and activity as detailed in the 
    budget appendix for the respective appropriations; and
        (3) An identification of items of special congressional 
    interest: Provided further, That the amount appropriated for 
    salaries and expenses of the Corps of Engineers shall be reduced by 
    $100,000 per day for each day after the required date that the 
    report has not been submitted to the Congress.
    Sec. 102. None of the funds in this Act, or previous Acts, making 
funds available for Energy and Water Development, shall be used to 
implement any pending or future competitive sourcing actions under OMB 
Circular A-76 or High Performing Organizations for the U.S. Army Corps 
of Engineers.
    Sec. 103.  None of the funds made available in this title may be 
used to award or modify any contract that commits an amount for a 
project in excess of the amounts appropriated for that project that 
remain unobligated.
    Sec. 104. Within 90 days of the date of the Chief of Engineers 
Report on a water resource matter, the Assistant Secretary of the Army 
(Civil Works) shall submit the report to the appropriate authorizing 
and appropriating committees of the Congress.
    Sec. 105. Water Reallocation, Lake Cumberland, Kentucky. (a) In 
General.--Subject to subsection (b), none of the funds made available 
by this Act may be used to carry out any water reallocation project or 
component under the Wolf Creek Project, Lake Cumberland, Kentucky, 
authorized under the Act of June 28, 1938 (52 Stat. 1215, ch. 795) and 
the Act of July 24, 1946 (60 Stat. 636, ch. 595).
    (b) Existing Reallocations.--Subsection (a) shall not apply to any 
water reallocation for Lake Cumberland, Kentucky, that is carried out 
subject to an agreement or payment schedule in effect on the date of 
enactment of this Act.
    Sec. 106. Section 121 of the Energy and Water Development 
Appropriations Act, 2006 (Public Law 109-103; 119 Stat. 2256) is 
amended by striking subsection (a) and inserting the following:
    ``(a) Hereafter, the Secretary of the Army may carry out and fund 
planning studies, watershed surveys and assessments, or technical 
studies at 100 percent Federal expense to accomplish the purposes of 
the 2003 Biological Opinion described in section 205(b) of the Energy 
and Water Development Appropriations Act, 2005 (Public Law 108-447; 118 
Stat. 2949) as amended by subsection (b) or any related subsequent 
biological opinion, and the collaborative program long-term plan. In 
carrying out a study, survey, or assessment under this subsection, the 
Secretary of the Army shall consult with Federal, State, tribal and 
local governmental entities, as well as entities participating in the 
Middle Rio Grande Endangered Species Collaborative Program referred to 
in section 205 of this Act: Provided, That the Secretary of the Army 
may also provide planning and administrative assistance to the Middle 
Rio Grande Endangered Species Collaborative Program, which shall not be 
subject to cost sharing requirements with non-Federal interests.''.
    Sec. 107. None of the funds in this Act, or previous Acts, making 
funds available for Energy and Water Development shall be used to award 
any continuing contract that commits additional funding from the Inland 
Waterway Trust Fund unless or until such time that a permanent solution 
to enhance revenues in the fund is enacted.
    Sec. 108. The Secretary is authorized to conduct a study of the 
Missouri River Projects located within the Missouri River basin at a 
total cost of $25,000,000 with the express purpose to review the 
original project purposes based on the Flood Control Act of 1944, as 
amended, and other subsequent relevant legislation and judicial rulings 
to determine if changes to the authorized project purposes and existing 
Federal water resource infrastructure may be warranted: Provided, That 
this study shall be undertaken at full Federal expense.
    Sec. 109. Section 134 of Public Law 108-137 (117 Stat. 1842), as 
amended by section 128(b) of Public Law 109-103 (119 Stat. 2260), is 
further amended by striking ``$30,000,000'' wherever it appears and 
inserting ``$48,300,000'' in lieu thereof.
    Sec. 110. Section 101(a)(5) of the Water Resources Development Act 
of 1996 (110 Stat. 3663) is amended--
        (1) by inserting ``(A) In general.--'' before ``The''; and
        (2) by adding at the end the following:
            ``(B) Credit toward non-federal share.--The Secretary shall 
        credit toward the non-Federal share of the project the costs 
        expended by non-Federal interests for the replacement and 
        reconstruction of the Soquel Avenue Bridge.
            ``(C) Maximum amount of credit.--The credit under paragraph 
        (B) may not exceed $2,000,000.
            ``(D) Limitation of total project cost.--The Secretary 
        shall not include the costs to be credited under paragraphs (B) 
        and (C) in total project costs in determining the amounts of 
        the Federal and non-Federal contributions.''.
    Sec. 111. The Missouri River Levee System (MRLS) Unit L-385 
Project, Riverside, Missouri, authorized by the Flood Control Act of 
1941, Public Law 77-228, and the Flood Control Act of 1944, Public Law 
78-534, is modified to direct the Secretary, acting through the Chief 
of Engineers, to take such action as is necessary to correct 
deficiencies in the L-385 levee system in Riverside, Missouri at full 
Federal expense at a cost of no more than $7,000,000.
    Sec. 112. Section 115 of the Energy and Water Development and 
Related Agencies Appropriations Act, 2008 as contained in division C of 
Public Law 110-161, is amended by striking ``$20,000,000. The Secretary 
shall transfer this facility to the Secretary of the Interior for 
operation and maintenance upon the completion of construction.'' and 
inserting in lieu thereof, ``$20,000,000: Provided, That the Secretary 
shall transfer ownership of this facility to the Secretary of Health 
and Human Services for operation and maintenance upon the completion of 
construction.''.
    Sec. 113. Section 103(c)(7) of the Water Resources Development Act 
of 1992 (106 Stat. 4811-12), as amended by section 117 of the Energy 
and Water Development Appropriations Act of 2006 (119 Stat. 2255), is 
further amended by striking ``15,000,000'' and inserting 
``26,000,000''.
    Sec. 114. Section 3118 of Public Law 110-114 (121 Stat. 1137) is 
amended by--
        (1) in paragraph (b) by inserting after ``New Mexico'' the 
    following: ``in accordance with the plans recommended in the 
    feasibility report for the Middle Rio Grande Bosque, New Mexico, 
    scheduled for completion in December 2008'';
        (2) redesignating subsection (d) as subsection (e); and
        (3) inserting a new subsection (d):
    ``(d) Cost Sharing.--Any requirement for non-Federal participation 
in a project carried out in the bosque of Bernalillo County, New 
Mexico, pursuant to this section shall be limited to the provision of 
lands, easements, rights-of-way, relocations, and dredged material 
disposal areas necessary for construction, operation and maintenance of 
the project.''.
    Sec. 115. The non-Federal interest for the project referenced in 
section 3154 of the Water Resources Development Act of 2007 (Public Law 
110-114; 121 Stat. 1148) may carry out design and construction work on 
the project in advance of Federal appropriations or may provide funds 
directly to the Secretary for the Secretary to carry out such work: 
Provided, That the Secretary of the Army shall reimburse the non-
Federal interest for any costs incurred by the non-Federal interest 
that are in excess of the non-Federal share of total project costs 
subject to the availability of appropriations.
    Sec. 116. The Colorado Department of Natural Resources is 
authorized to perform modifications of the facility (Chatfield 
Reservoir, Colorado), and any required mitigation which results from 
implementation of the project: Provided, That in carrying out the 
reassignment of storage space provided for in this section, the 
Secretary shall collaborate with the Colorado Department of Natural 
Resources and local interests to determine costs to be repaid for 
storage that reflects the limited reliability of the resources and the 
capability of non-Federal interests to make use of the reallocated 
storage space in Chatfield Reservoir, Colorado.
    Sec. 117. Section 117 of the Energy and Water Development and 
Related Agencies Appropriations Act, 2005, as contained in division C 
of Public Law 108-447, is hereby repealed.
    Sec. 118. The Secretary of Army, acting through the Chief of 
Engineers, shall reassign the regulatory boundaries of the Chicago 
District to align with the existing civil works boundaries of the 
Chicago District.

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project


                 central utah project completion account

    For carrying out activities authorized by the Central Utah Project 
Completion Act, $40,360,000, to remain available until expended, of 
which $987,000 shall be deposited into the Utah Reclamation Mitigation 
and Conservation Account for use by the Utah Reclamation Mitigation and 
Conservation Commission. In addition, for necessary expenses incurred 
in carrying out related responsibilities of the Secretary of the 
Interior, $1,640,000, to remain available until expended. For fiscal 
year 2009, the Commission may use an amount not to exceed $1,500,000 
for administrative expenses.

                         Bureau of Reclamation

    The following appropriations shall be expended to execute 
authorized functions of the Bureau of Reclamation:


                       Water and Related Resources

                      (including transfers of funds)

    For management, development, and restoration of water and related 
natural resources and for related activities, including the operation, 
maintenance, and rehabilitation of reclamation and other facilities, 
participation in fulfilling related Federal responsibilities to Native 
Americans, and related grants to, and cooperative and other agreements 
with, State and local governments, federally recognized Indian tribes, 
and others, $920,259,000, to remain available until expended, of which 
$46,655,000 shall be available for transfer to the Upper Colorado River 
Basin Fund and $24,962,000 shall be available for transfer to the Lower 
Colorado River Basin Development Fund; of which such amounts as may be 
necessary may be advanced to the Colorado River Dam Fund; of which not 
more than $500,000 is for high priority projects which shall be carried 
out by the Youth Conservation Corps, as authorized by 16 U.S.C. 1706: 
Provided, That such transfers may be increased or decreased within the 
overall appropriation under this heading: Provided further, That of the 
total appropriated, the amount for program activities that can be 
financed by the Reclamation Fund or the Bureau of Reclamation special 
fee account established by 16 U.S.C. 460l-6a(i) shall be derived from 
that Fund or account: Provided further, That funds contributed under 43 
U.S.C. 395 are available until expended for the purposes for which 
contributed: Provided further, That funds advanced under 43 U.S.C. 397a 
shall be credited to this account and are available until expended for 
the same purposes as the sums appropriated under this heading: Provided 
further, That funds available for expenditure for the Departmental 
Irrigation Drainage Program may be expended by the Bureau of 
Reclamation for site remediation on a nonreimbursable basis: Provided 
further, That funds provided for the Friant-Kern and Madera Canals 
improvements may be expended on a non-reimbursable basis: Provided 
further, That $4,000,000 of the funds appropriated under this heading 
shall be deposited in the San Gabriel Basin Restoration Fund 
established by section 110 of title I of appendix D of Public Law 106-
554: Provided further, That, except as provided in section 201 of this 
Act, the amounts made available under this paragraph shall be expended 
as authorized in law for the projects and activities specified in the 
text and table under this heading in the explanatory statement 
described in section 4 (in the matter preceding division A of this 
consolidated Act).


                 Central Valley Project Restoration Fund

    For carrying out the programs, projects, plans, habitat 
restoration, improvement, and acquisition provisions of the Central 
Valley Project Improvement Act, $56,079,000, to be derived from such 
sums as may be collected in the Central Valley Project Restoration Fund 
pursuant to sections 3407(d), 3404(c)(3), 3405(f), and 3406(c)(1) of 
Public Law 102-575, to remain available until expended: Provided, That 
the Bureau of Reclamation is directed to assess and collect the full 
amount of the additional mitigation and restoration payments authorized 
by section 3407(d) of Public Law 102-575: Provided further, That none 
of the funds made available under this heading may be used for the 
acquisition or leasing of water for in-stream purposes if the water is 
already committed to in-stream purposes by a court adopted decree or 
order.


                     California Bay-Delta Restoration

                      (including transfers of funds)

    For carrying out activities authorized by the Water Supply, 
Reliability, and Environmental Improvement Act, consistent with plans 
to be approved by the Secretary of the Interior, $40,000,000, to remain 
available until expended, of which such amounts as may be necessary to 
carry out such activities may be transferred to appropriate accounts of 
other participating Federal agencies to carry out authorized purposes: 
Provided, That funds appropriated herein may be used for the Federal 
share of the costs of CALFED Program management: Provided further, That 
the use of any funds provided to the California Bay-Delta Authority for 
program-wide management and oversight activities shall be subject to 
the approval of the Secretary of the Interior: Provided further, That 
CALFED implementation shall be carried out in a balanced manner with 
clear performance measures demonstrating concurrent progress in 
achieving the goals and objectives of the Program.


                        policy and administration

                      (including transfer of funds)

    For necessary expenses of policy, administration, and related 
functions in the Office of the Commissioner, the Denver office, and 
offices in the five regions of the Bureau of Reclamation, to remain 
available until expended, $59,400,000, to be derived from the 
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377: 
Provided, That no part of any other appropriation in this Act shall be 
available for activities or functions budgeted as policy and 
administration expenses: Provided further, That, of the funds provided 
under this heading, $10,000,000 shall be transferred to ``Water and 
Related Resources'' upon the expiration of the 90-day period following 
the date of enactment of this Act if during such period, the Secretary 
of the Interior has not submitted to the Committees on Appropriations 
of the House of Representatives and the Senate the Bureau of 
Reclamation's five-year budget plan.


                         ADMINISTRATIVE PROVISION

    Appropriations for the Bureau of Reclamation shall be available for 
purchase of not to exceed seven passenger motor vehicles, which are for 
replacement only.

             General Provisions, Department of the Interior

    Sec. 201. (a) None of the funds provided in title II of this Act 
for Water and Related Resources, or provided by previous appropriations 
Acts to the agencies or entities funded in title II of this Act for 
Water and Related Resources that remain available for obligation or 
expenditure in fiscal year 2009, shall be available for obligation or 
expenditure through a reprogramming of funds that--
        (1) initiates or creates a new program, project, or activity;
        (2) eliminates a program, project, or activity;
        (3) increases funds for any program, project, or activity for 
    which funds have been denied or restricted by this Act, unless 
    prior approval is received from the Committees on Appropriations of 
    the House of Representatives and the Senate;
        (4) restarts or resumes any program, project or activity for 
    which funds are not provided in this Act, unless prior approval is 
    received from the Committees on Appropriations of the House of 
    Representatives and the Senate;
        (5) transfers funds in excess of the following limits, unless 
    prior approval is received from the Committees on Appropriations of 
    the House of Representatives and the Senate:
            (A) 15 percent for any program, project or activity for 
        which $2,000,000 or more is available at the beginning of the 
        fiscal year; or
            (B) $300,000 for any program, project or activity for which 
        less than $2,000,000 is available at the beginning of the 
        fiscal year;
        (6) transfers more than $500,000 from either the Facilities 
    Operation, Maintenance, and Rehabilitation category or the 
    Resources Management and Development category to any program, 
    project, or activity in the other category, unless prior approval 
    is received from the Committees on Appropriations of the House of 
    Representatives and the Senate; or
        (7) transfers, where necessary to discharge legal obligations 
    of the Bureau of Reclamation, more than $5,000,000 to provide 
    adequate funds for settled contractor claims, increased contractor 
    earnings due to accelerated rates of operations, and real estate 
    deficiency judgments, unless prior approval is received from the 
    Committees on Appropriations of the House of Representatives and 
    the Senate.
    (b) Subsection (a)(5) shall not apply to any transfer of funds 
within the Facilities Operation, Maintenance, and Rehabilitation 
category.
    (c) For purposes of this section, the term ``transfer'' means any 
movement of funds into or out of a program, project, or activity.
    (d) The Bureau of Reclamation shall submit reports on a quarterly 
basis to the Committees on Appropriations of the House of 
Representatives and the Senate detailing all the funds reprogrammed 
between programs, projects, activities, or categories of funding. The 
first quarterly report shall be submitted not later than 60 days after 
the date of enactment of this Act.
    Sec. 202. (a) None of the funds appropriated or otherwise made 
available by this Act may be used to determine the final point of 
discharge for the interceptor drain for the San Luis Unit until 
development by the Secretary of the Interior and the State of 
California of a plan, which shall conform to the water quality 
standards of the State of California as approved by the Administrator 
of the Environmental Protection Agency, to minimize any detrimental 
effect of the San Luis drainage waters.
    (b) The costs of the Kesterson Reservoir Cleanup Program and the 
costs of the San Joaquin Valley Drainage Program shall be classified by 
the Secretary of the Interior as reimbursable or nonreimbursable and 
collected until fully repaid pursuant to the ``Cleanup Program-
Alternative Repayment Plan'' and the ``SJVDP-Alternative Repayment 
Plan'' described in the report entitled ``Repayment Report, Kesterson 
Reservoir Cleanup Program and San Joaquin Valley Drainage Program, 
February 1995'', prepared by the Department of the Interior, Bureau of 
Reclamation. Any future obligations of funds by the United States 
relating to, or providing for, drainage service or drainage studies for 
the San Luis Unit shall be fully reimbursable by San Luis Unit 
beneficiaries of such service or studies pursuant to Federal 
reclamation law.
    Sec. 203. None of the funds appropriated or otherwise made 
available by this or any other Act may be used to pay the salaries and 
expenses of personnel to purchase or lease water in the Middle Rio 
Grande or the Carlsbad Projects in New Mexico unless said purchase or 
lease is in compliance with the purchase requirements of section 202 of 
Public Law 106-60.
    Sec. 204. Funds under this title for Drought Emergency Assistance 
shall be made available primarily for leasing of water for specified 
drought related purposes from willing lessors, in compliance with 
existing State laws and administered under State water priority 
allocation.
    Sec. 205. The Secretary of the Interior, acting through the 
Commissioner of the Bureau of Reclamation, is authorized to enter into 
grants, cooperative agreements, and other agreements with irrigation or 
water districts and States to fund up to 50 percent of the cost of 
planning, designing, and constructing improvements that will conserve 
water, increase water use efficiency, or enhance water management 
through measurement or automation, at existing water supply projects 
within the States identified in the Act of June 17, 1902, as amended, 
and supplemented: Provided, That when such improvements are to 
federally owned facilities, such funds may be provided in advance on a 
nonreimbursable basis to an entity operating affected transferred works 
or may be deemed nonreimbursable for nontransferred works: Provided 
further, That the calculation of the non-Federal contribution shall 
provide for consideration of the value of any in-kind contributions, 
but shall not include funds received from other Federal agencies: 
Provided further, That the cost of operating and maintaining such 
improvements shall be the responsibility of the non-Federal entity: 
Provided further, That this section shall not supercede any existing 
project-specific funding authority: Provided further, That the 
Secretary is also authorized to enter into grants or cooperative 
agreements with universities or nonprofit research institutions to fund 
water use efficiency research.
    Sec. 206. (a) Section 209 of the Energy and Water Development 
Appropriations Act, 2004 (Public Law 108-137; 117 Stat. 1850) is 
repealed.
    (b) The Secretary of the Interior (referred to in this section as 
the ``Secretary'') shall establish and maintain an Executive Committee 
of the Middle Rio Grande Endangered Species Collaborative Program 
(referred to in this section as the ``Executive Committee'') consistent 
with the bylaws of the Middle Rio Grande Endangered Species 
Collaborative Program adopted on October 2, 2006.
    (c) Hereafter, in compliance with applicable Federal and State 
laws, the Secretary (acting through the Commissioner of Reclamation), 
in collaboration with the Executive Committee, may enter into any 
grants, contracts, cooperative agreements, interagency agreements, or 
other agreements that the Secretary determines to be necessary to 
comply with the 2003 Biological Opinion described in section 205(b) of 
the Energy and Water Development Appropriations Act, 2005 (Public Law 
108-447; 118 Stat. 2949) as amended by section 121(b) of the Energy and 
Water Development Appropriations Act, 2006 (Public Law 109-103; 119 
Stat. 2256) or any related subsequent biological opinion or in 
furtherance of the objectives set forth in the collaborative program 
long-term plan.
    (d)(1) The acquisition of water under subsection (c) and any 
administrative costs associated with carrying out subsection (c) shall 
be at full Federal expense.
    (2) Not more than 15 percent of amounts appropriated to carry out 
subsection (c) shall be made available for the payment of 
administrative expenses associated with carrying out that subsection.
    (e)(1) The non-Federal share of activities carried out under 
subsection (c) (other than an activity or a cost described in 
subsection (d)(1)) shall be 25 percent. The non-Federal cost share 
shall be determined on a programmatic, rather than a project-by-project 
basis.
    (2) The non-Federal share required under paragraph (1) may be in 
the form of in-kind contributions, the value of which shall be 
determined by the Secretary in consultation with the executive 
committee.
    (f) Nothing in this section modifies or expands the discretion of 
the Secretary with respect to operating reservoir facilities under the 
jurisdiction of the Secretary in the Rio Grande Valley, New Mexico.
    Sec. 207. Section 208 of the Energy and Water Development and 
Related Agencies Appropriations Act, 2008 (Public Law 110-161; 121 
Stat. 1953) is amended--
        (1) in subsection (a)--
            (A) in paragraph (2)(B), by inserting ``, as determined by 
        the nonprofit conservation organization'' after ``Lake''; and
            (B) in paragraph (4), by striking ``retirement of water 
        rights'' and all that follows through the semicolon at the end 
        and inserting ``retirement of water rights;''; and
        (2) in subsection (b), by striking ``June 30, 2010'' and 
    inserting ``June 30, 2012''.
    Sec. 208. Notwithstanding any other provision of law, of amounts 
made available under section 2507 of the Farm Security and Rural 
Investment Act of 2002 (43 U.S.C. 2211 note; Public Law 107-171), the 
Secretary of the Interior acting through the Commissioner of 
Reclamation, shall allocate--
        (1) $300,000 to the Desert Research Institute for LIDAR 
    acquisition data in the Walker River Basin, to supplement water 
    rights research and data funded under section 208(a)(1) of the 
    Energy and Water Development Appropriations Act, 2006 (Public Law 
    109-103; 119 Stat. 2268); and
        (2) $300,000 to the Director of the United States Fish and 
    Wildlife Service to conduct a multiyear assessment of and 
    monitoring of the ability of west central Nevada lakes to support 
    migratory loons, and identification of wintering areas and annual 
    range of loons using Walker Lake during migration.

                               TITLE III

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                 Energy Efficiency and Renewable Energy

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for energy efficiency and renewable energy 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, and the purchase of 
not to exceed two passenger vehicles for replacement, $1,928,540,000, 
to remain available until expended: Provided, That, of the amount 
appropriated in this paragraph, $228,803,380 shall be used for projects 
specified in the table that appears under the heading ``Congressionally 
Directed Energy Efficiency and Renewable Energy Projects'' in the text 
and table under this heading in the explanatory statement described in 
section 4 (in the matter preceding division A of this consolidated 
Act).

              Electricity Delivery and Energy Reliability

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for electricity delivery and energy reliability 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, $137,000,000, to 
remain available until expended: Provided, That, of the amount 
appropriated in this paragraph, $19,648,475 shall be used for projects 
specified in the table that appears under the heading ``Congressionally 
Directed Electricity Delivery and Energy Reliability Projects'' in the 
text and table under this heading in the explanatory statement 
described in section 4 (in the matter preceding division A of this 
consolidated Act).

                             Nuclear Energy


                      (including transfer of funds)

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for nuclear energy activities in carrying out the 
purposes of the Department of Energy Organization Act (42 U.S.C. 7101 
et seq.), including the acquisition or condemnation of any real 
property or any facility or for plant or facility acquisition, 
construction, or expansion, and the purchase of not to exceed 29 
passenger motor vehicles, including three new buses and 26 replacement 
vehicles, including one ambulance, $792,000,000, to remain available 
until expended: Provided, That, of the amount appropriated in this 
paragraph, $2,854,500 shall be used for projects specified in the table 
that appears under the heading ``Congressionally Directed Nuclear 
Energy Projects'' in the text and table under this heading in the 
explanatory statement described in section 4 (in the matter preceding 
division A of this consolidated Act).


                          Clean Coal Technology

                      (including transfer of funds)

    Of the funds made available under this heading for obligation in 
prior years, $149,000,000 of uncommitted balances are transferred to 
Fossil Energy Research and Development to be used until expended: 
Provided, That funds made available in previous appropriations Acts 
shall be made available for any ongoing project regardless of the 
separate request for proposal under which the project was selected.

                 Fossil Energy Research and Development


                      (including transfer of funds)

    For necessary expenses in carrying out fossil energy research and 
development activities, under the authority of the Department of Energy 
Organization Act (Public Law 95-91), including the acquisition of 
interest, including defeasible and equitable interests in any real 
property or any facility or for plant or facility acquisition or 
expansion, and for conducting inquiries, technological investigations 
and research concerning the extraction, processing, use, and disposal 
of mineral substances without objectionable social and environmental 
costs (30 U.S.C. 3, 1602, and 1603), $876,320,000, to remain available 
until expended, of which $149,000,000 shall be derived by transfer from 
``Clean Coal Technology'': Provided, That of the amounts provided, 
$288,174,000 is available for the Clean Coal Power Initiative Round III 
solicitation, pursuant to title IV of the Public Law 109-58: Provided 
further, That funds appropriated for prior solicitations under the 
Clean Coal Technology Program, Power Plant Improvement Initiative, 
Clean Coal Power Initiative, and FutureGen, but not required by the 
Department to meet its obligations on projects selected under such 
solicitations, may be utilized for the Clean Coal Power Initiative 
Round III solicitation under this Act in accordance with the 
requirements of this Act rather than the Acts under which the funds 
were appropriated: Provided further, That no Clean Coal Power 
Initiative project may be selected for which full funding is not 
available to provide for the total project: Provided further, That if a 
Clean Coal Power Initiative project selected after enactment of this 
legislation for negotiation under this or any other Act in any fiscal 
year, is not awarded within 2 years from the date the application was 
selected, negotiations shall cease and the Federal funds committed to 
the application shall be retained by the Department for future coal-
related research, development and demonstration projects, except that 
the time limit may be extended at the Secretary's discretion for 
matters outside the control of the applicant, or if the Secretary 
determines that extension of the time limit is in the public interest: 
Provided further, That the Secretary may not delegate this 
responsibility for applications greater than $10,000,000: Provided 
further, That financial assistance for costs in excess of those 
estimated as of the date of award of original Clean Coal Power 
Initiative financial assistance may not be provided in excess of the 
proportion of costs borne by the Government in the original agreement 
and shall be limited to 25 percent of the original financial 
assistance: Provided further, That funds shall be expended in 
accordance with the provisions governing the use of funds contained 
under the heading ``Clean Coal Technology'' in 42 U.S.C. 5903d as well 
as those contained under the heading ``Clean Coal Technology'' in prior 
appropriations: Provided further, That any technology selected under 
these programs shall be considered a Clean Coal Technology, and any 
project selected under these programs shall be considered a Clean Coal 
Technology Project, for the purposes of 42 U.S.C. 7651n, and chapters 
51, 52, and 60 of title 40 of the Code of Federal Regulations: Provided 
further, That funds available for the Clean Coal Power Initiative Round 
III Funding Opportunity Announcement may be used to support any 
technology that meets the requirements of the Round III Announcement 
relating to carbon capture and storage or other beneficial uses of 
CO<INF>2</INF>, without regard to the 70 and 30 percent funding 
allocations specified in section 402(b)(1)(A) and 402(b)(2)(A) of 
Public Law 109-58: Provided further, That no part of the sum herein 
made available shall be used for the field testing of nuclear 
explosives in the recovery of oil and gas: Provided further, That, of 
the amount appropriated in this paragraph, $43,864,150 shall be used 
for projects specified in the table that appears under the heading 
``Congressionally Directed Fossil Energy Projects'' in the text and 
table under this heading in the explanatory statement described in 
section 4 (in the matter preceding division A of this consolidated 
Act).

                 Naval Petroleum and Oil Shale Reserves

    For expenses necessary to carry out naval petroleum and oil shale 
reserve activities, including the hire of passenger motor vehicles, 
$19,099,000, to remain available until expended: Provided, That, 
notwithstanding any other provision of law, unobligated funds remaining 
from prior years shall be available for all naval petroleum and oil 
shale reserve activities.

                      Strategic Petroleum Reserve

    For necessary expenses for Strategic Petroleum Reserve facility 
development and operations and program management activities pursuant 
to the Energy Policy and Conservation Act of 1975, as amended (42 
U.S.C. 6201 et seq.), $205,000,000, to remain available until expended, 
of which $31,507,000 shall be provided to initiate new site expansion 
activities, beyond land acquisition, consistent with the budget 
request: Provided, That none of the funds provided for new site 
expansion activities may be obligated or expended for authorized 
activities until the Secretary has submitted a report to the Congress 
on the effects of expansion of the Reserve on the domestic petroleum 
market, which is required to be submitted within 45 days of enactment 
of this Act.

                   Northeast Home Heating Oil Reserve

    For necessary expenses for Northeast Home Heating Oil Reserve 
storage, operation, and management activities pursuant to the Energy 
Policy and Conservation Act, $9,800,000, to remain available until 
expended.

                   Energy Information Administration

    For necessary expenses in carrying out the activities of the Energy 
Information Administration, $110,595,000, to remain available until 
expended.

                   Non-Defense Environmental Cleanup

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses necessary for non-defense environmental cleanup activities in 
carrying out the purposes of the Department of Energy Organization Act 
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation of 
any real property or any facility or for plant or facility acquisition, 
construction, or expansion, $261,819,000, to remain available until 
expended: Provided, That the appropriation includes funds for 
environmental remediation activities associated with the Energy 
Technology and Engineering Center (ETEC) at the Santa Susana Field 
Laboratory (SSFL), subject to the following: (1) the Department shall 
use a portion of this funding to enter into an interagency agreement 
with the Environmental Protection Agency (EPA) regarding a 
comprehensive radioactive site characterization of Area IV of the SSFL 
and (2) the Department shall provide the amount required by EPA for the 
radioactive site characterization in fiscal year 2009 from within the 
available funds: Provided further, That of the amounts provided, 
$5,000,000 is available for necessary expenses for the purpose of 
carrying out remedial actions under this title at real property in the 
vicinity of the Tuba City processing site designated in section 
102(a)(1), of the Uranium Mill Tailings Radiation Control Act of 1978 
(Public Law 95-604, as amended; 42 U.S.C. 7901, et seq.), 
notwithstanding section 112 of that Act, at a dump site immediately 
adjacent to the north-northwest section of the Tuba City processing 
site, and on the north side of Highway 160: Provided further, That, of 
the amount appropriated in this paragraph, $4,757,500 shall be used for 
projects specified in the table that appears under the heading 
``Congressionally Directed Non-Defense Environmental Cleanup Projects'' 
in the text and table under this heading in the explanatory statement 
described in section 4 (in the matter preceding division A of this 
consolidated Act).

      Uranium Enrichment Decontamination and Decommissioning Fund

    For necessary expenses in carrying out uranium enrichment facility 
decontamination and decommissioning, remedial actions, and other 
activities of title II of the Atomic Energy Act of 1954, and title X, 
subtitle A, of the Energy Policy Act of 1992, $535,503,000, to be 
derived from the Uranium Enrichment Decontamination and Decommissioning 
Fund, to remain available until expended, of which $10,000,000 shall be 
available in accordance with title X, subtitle A, of the Energy Policy 
Act of 1992.

                                Science

    For Department of Energy expenses including the purchase, 
construction and acquisition of plant and capital equipment, and other 
expenses necessary for science activities in carrying out the purposes 
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or 
facility or for plant or facility acquisition, construction, or 
expansion, and purchase of not to exceed 49 passenger motor vehicles 
for replacement only, including one law enforcement vehicle, one 
ambulance, and three buses, $4,772,636,000, to remain available until 
expended: Provided, That, of the amount appropriated in this paragraph, 
$93,686,593 shall be used for projects specified in the table that 
appears under the heading ``Congressionally Directed Science Projects'' 
in the text and table under this heading in the explanatory statement 
described in section 4 (in the matter preceding division A of this 
consolidated Act).

                         Nuclear Waste Disposal

    For nuclear waste disposal activities to carry out the purposes of 
the Nuclear Waste Policy Act of 1982, Public Law 97-425, as amended 
(the ``NWPA''), including the acquisition of real property or facility 
construction or expansion, $145,390,000, to remain available until 
expended, and to be derived from the Nuclear Waste Fund: Provided, That 
of the funds made available in this Act for Nuclear Waste Disposal, 
$5,000,000 shall be provided to the Office of the Attorney General of 
the State of Nevada solely for expenditures, other than salaries and 
expenses of State employees, to conduct scientific oversight 
responsibilities and participate in licensing activities pursuant to 
the Act: Provided further, That notwithstanding the lack of a written 
agreement with the State of Nevada under section 117(c) of the NWPA, 
$1,000,000 shall be provided to Nye County, Nevada, for on-site 
oversight activities under section 117(d) of that Act: Provided 
further, That $9,000,000 shall be provided to affected units of local 
government, as defined in the NWPA, to conduct appropriate activities 
and participate in licensing activities: Provided further, That of the 
$9,000,000 provided 7.5 percent of the funds provided shall be made 
available to affected units of local government in California with the 
balance made available to affected units of local government in Nevada 
for distribution as determined by the Nevada units of local government: 
Provided further, That this funding shall be provided to affected units 
of local government, as defined in the NWPA: Provided further, That 
$500,000 shall be provided to the Timbisha-Shoshone Tribe solely for 
expenditures, other than salaries and expenses of tribal employees, to 
conduct appropriate activities and participate in licensing activities 
under section 118(b) of the NWPA: Provided further, That 
notwithstanding the provisions of chapters 65 and 75 of title 31, 
United States Code, the Department shall have no monitoring, auditing 
or other oversight rights or responsibilities over amounts provided to 
affected units of local government: Provided further, That the funds 
for the State of Nevada shall be made available solely to the Office of 
the Attorney General by direct payment and to units of local government 
by direct payment: Provided further, That within 90 days of the 
completion of each Federal fiscal year, the Office of the Attorney 
General of the State of Nevada and each of the affected units of local 
government shall provide certification to the Department of Energy that 
all funds expended from such payments have been expended for activities 
authorized by the NWPA and this Act: Provided further, That failure to 
provide such certification shall cause such entity to be prohibited 
from any further funding provided for similar activities: Provided 
further, That none of the funds herein appropriated may be: (1) used 
directly or indirectly to influence legislative action, except for 
normal and recognized executive-legislative communications, on any 
matter pending before Congress or a State legislature or for lobbying 
activity as provided in 18 U.S.C. 1913; (2) used for litigation 
expenses; or (3) used to support multi-State efforts or other coalition 
building activities inconsistent with the restrictions contained in 
this Act: Provided further, That all proceeds and recoveries realized 
by the Secretary in carrying out activities authorized by the NWPA, 
including but not limited to, any proceeds from the sale of assets, 
shall be available without further appropriation and shall remain 
available until expended: Provided further, That no funds provided in 
this Act or any previous Act may be used to pursue repayment or 
collection of funds provided in any fiscal year to affected units of 
local government for oversight activities that had been previously 
approved by the Department of Energy, or to withhold payment of any 
such funds: Provided further, That, of the amount appropriated in this 
paragraph, $1,855,425 shall be used for projects specified in the table 
that appears under the heading ``Congressionally Directed Nuclear Waste 
Disposal Projects'' in the text and table under this heading in the 
explanatory statement described in section 4 (in the matter preceding 
division A of this consolidated Act).

         Title 17 Innovative Technology Loan Guarantee Program

    Subject to section 502 of the Congressional Budget Act of 1974, 
commitments to guarantee loans under title XVII of the Energy Policy 
Act of 2005, shall not exceed a total principal amount of 
$47,000,000,000 for eligible projects, to remain available until 
committed, and of which $18,500,000,000 shall be for nuclear power 
facilities: Provided, That these amounts are in addition to the 
authority provided under section 20320 of Division B of Public Law 109-
289, as amended by Public Law 110-5: Provided further, That such sums 
as are derived from amounts received from borrowers pursuant to section 
1702(b)(2) of the Energy Policy Act of 2005 under this heading in this 
and prior Acts, shall be collected in accordance with section 502(7) of 
the Congressional Budget Act of 1974: Provided further, That the source 
of such payment received from borrowers is not a loan or other debt 
obligation that is guaranteed by the Federal Government: Provided 
further, That pursuant to section 1702(b)(2) of the Energy Policy Act 
of 2005, no appropriations are available to pay the subsidy cost of 
such guarantees: Provided further, That for necessary administrative 
expenses to carry out this Loan Guarantee program, $19,880,000 is 
appropriated, to remain available until expended: Provided further, 
That $19,880,000 of the fees collected pursuant to section 1702(h) of 
the Energy Policy Act of 2005 shall be credited as offsetting 
collections to this account to cover administrative expenses and shall 
remain available until expended, so as to result in a final fiscal year 
2009 appropriations from the general fund estimated at not more than 
$0: Provided further, That none of the funds made available in this Act 
shall be available for the execution of a new solicitation with respect 
to such guaranteed loans until 30 days after the Department of Energy 
has submitted to the Committees on Appropriations of the House of 
Representatives and the Senate a loan guarantee implementation plan 
that defines the proposed award levels and eligible technologies: 
Provided further, That none of the loan guarantee authority made 
available in this Act shall be available for commitments to guarantee 
loans for any projects where funds, personnel, or property (tangible or 
intangible) of any Federal agency, instrumentality, personnel or 
affiliated entity are expected to be used (directly or indirectly) 
through acquisitions, contracts, demonstrations, exchanges, grants, 
incentives, leases, procurements, sales, other transaction authority, 
or other arrangements, to support the project or to obtain goods or 
services from the project: Provided further, That the previous proviso 
shall not be interpreted as precluding the use of the loan guarantee 
authority in this Act for commitments to guarantee loans for projects 
as a result of such projects benefiting from (a) otherwise allowable 
Federal income tax benefits; (b) being located on Federal land pursuant 
to a lease or right-of-way agreement for which all consideration for 
all uses is (i) paid exclusively in cash, (ii) deposited in the 
Treasury as offsetting receipts, and (iii) equal to the fair market 
value as determined by the head of the relevant Federal agency; (c) 
Federal insurance programs, including Price-Anderson; or (d) for 
electric generation projects, use of transmission facilities owned or 
operated by a Federal Power Marketing Administration or the Tennessee 
Valley Authority that have been authorized, approved, and financed 
independent of the project receiving the guarantee: Provided further, 
That none of the loan guarantee authority made available in this Act 
shall be available for any project unless the Director of the Office of 
Management and Budget has certified in advance in writing that the loan 
guarantee and the project comply with the provisions under this title.

                      Departmental Administration


                      (including transfer of funds)

    For salaries and expenses of the Department of Energy necessary for 
departmental administration in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the hire of passenger motor vehicles and official reception 
and representation expenses not to exceed $30,000, $272,643,000, to 
remain available until expended, plus such additional amounts as 
necessary to cover increases in the estimated amount of cost of work 
for others notwithstanding the provisions of the Anti-Deficiency Act 
(31 U.S.C. 1511 et seq.): Provided, That such increases in cost of work 
are offset by revenue increases of the same or greater amount, to 
remain available until expended: Provided further, That moneys received 
by the Department for miscellaneous revenues estimated to total 
$117,317,000 in fiscal year 2009 may be retained and used for operating 
expenses within this account, and may remain available until expended, 
as authorized by section 201 of Public Law 95-238, notwithstanding the 
provisions of 31 U.S.C. 3302: Provided further, That the sum herein 
appropriated shall be reduced by the amount of miscellaneous revenues 
received during 2009, and any related appropriated receipt account 
balances remaining from prior years' miscellaneous revenues, so as to 
result in a final fiscal year 2009 appropriation from the general fund 
estimated at not more than $155,326,000.

                    Office of the Inspector General

    For necessary expenses of the Office of the Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $51,927,000, to remain available until expended.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                National Nuclear Security Administration

                           Weapons Activities

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
incidental expenses necessary for atomic energy defense weapons 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, the purchase of not 
to exceed two passenger motor vehicles, and one ambulance; 
$6,380,000,000, to remain available until expended: Provided, That 
$19,300,000 is authorized to be appropriated for the 09-D-007 LANSCE 
Refurbishment, PED, Los Alamos National Laboratory, Los Alamos, New 
Mexico: Provided further, That, of the amount appropriated in this 
paragraph, $22,836,000 shall be used for projects specified in the 
table that appears under the heading ``Congressionally Directed Weapons 
Activities Projects'' in the text and table under this heading in the 
explanatory statement described in section 4 (in the matter preceding 
division A of this consolidated Act).

                    Defense Nuclear Nonproliferation

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
incidental expenses necessary for defense nuclear nonproliferation 
activities, in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, and the purchase of 
not to exceed one passenger motor vehicle for replacement only, 
$1,482,350,000, to remain available until expended: Provided, That, of 
the amount appropriated in this paragraph, $1,903,000 shall be used for 
projects specified under the heading ``Congressionally Directed Defense 
Nuclear Nonproliferation Projects'' in the text and table under this 
heading in the explanatory statement described in section 4 (in the 
matter preceding division A of this consolidated Act).

                             Naval Reactors

    For Department of Energy expenses necessary for naval reactors 
activities to carry out the Department of Energy Organization Act (42 
U.S.C. 7101 et seq.), including the acquisition (by purchase, 
condemnation, construction, or otherwise) of real property, plant, and 
capital equipment, facilities, and facility expansion, $828,054,000, to 
remain available until expended.

                      Office of the Administrator

    For necessary expenses of the Office of the Administrator in the 
National Nuclear Security Administration, including official reception 
and representation expenses not to exceed $12,000, $439,190,000, to 
remain available until expended: Provided, That, of the amount 
appropriated in this paragraph, $23,311,750 shall be used for the 
projects specified in the table that appears under the heading 
``Congressionally Directed Office of the Administrator (NNSA) 
Projects'' in the text and table under this heading in the explanatory 
statement described in section 4 (in the matter preceding division A of 
this consolidated Act).

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                     Defense Environmental Cleanup


                      (including transfer of funds)

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses necessary for atomic energy defense environmental cleanup 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, and the purchase of 
not to exceed four ambulances and three passenger motor vehicles for 
replacement only, $5,657,250,000, to remain available until expended, 
of which $463,000,000 shall be transferred to the ``Uranium Enrichment 
Decontamination and Decommissioning Fund'': Provided, That, of the 
amount appropriated in this paragraph, $17,908,391 shall be used for 
projects specified in the table that appears under the heading 
``Congressionally Directed Defense Environmental Cleanup Projects'' in 
the text and table under this heading in the explanatory statement 
described in section 4 (in the matter preceding division A of this 
consolidated Act).

                        Other Defense Activities

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses, necessary for atomic energy defense, other defense 
activities, and classified activities, in carrying out the purposes of 
the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or any 
facility or for plant or facility acquisition, construction, or 
expansion, and the purchase of not to exceed 10 passenger motor 
vehicles for replacement only, $1,314,063,000, to remain available 
until expended: Provided, That of the funds provided herein, 
$487,008,000 is for project 99-D-143 Mixed Oxide Fuel Fabrication 
Facility, Savannah River Site, South Carolina: Provided further, That 
the Department of Energy adhere strictly to Department of Energy Order 
413.3A for Project 99-D-143: Provided further, That, of the amount 
appropriated in this paragraph, $999,075 shall be used for projects 
specified in the table that appears under the heading ``Congressionally 
Directed Other Defense Activities Projects'' in the text and table 
under this heading in the explanatory statement described in section 4 
(in the matter preceding division A of this consolidated Act).

                     Defense Nuclear Waste Disposal

    For nuclear waste disposal activities to carry out the purposes of 
Public Law 97-425, as amended, including the acquisition of real 
property or facility construction or expansion, $143,000,000, to remain 
available until expended.

                    POWER MARKETING ADMINISTRATIONS

                  Bonneville Power Administration Fund

    Expenditures from the Bonneville Power Administration Fund, 
established pursuant to Public Law 93-454, are approved for official 
reception and representation expenses in an amount not to exceed 
$1,500. During fiscal year 2009, no new direct loan obligations may be 
made.

      Operation and Maintenance, Southeastern Power Administration

    For necessary expenses of operation and maintenance of power 
transmission facilities and of marketing electric power and energy, 
including transmission wheeling and ancillary services pursuant to 
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied 
to the southeastern power area, $7,420,000, to remain available until 
expended: Provided, That, notwithstanding 31 U.S.C. 3302, up to 
$49,520,000 collected by the Southeastern Power Administration pursuant 
to the Flood Control Act of 1944 to recover purchase power and wheeling 
expenses shall be credited to this account as offsetting collections, 
to remain available until expended for the sole purpose of making 
purchase power and wheeling expenditures.

      Operation and Maintenance, Southwestern Power Administration

    For necessary expenses of operation and maintenance of power 
transmission facilities and of marketing electric power and energy, for 
construction and acquisition of transmission lines, substations and 
appurtenant facilities, and for administrative expenses, including 
official reception and representation expenses in an amount not to 
exceed $1,500 in carrying out section 5 of the Flood Control Act of 
1944 (16 U.S.C. 825s), as applied to the Southwestern Power 
Administration, $28,414,000, to remain available until expended: 
Provided, That, notwithstanding 31 U.S.C. 3302, up to $35,000,000 
collected by the Southwestern Power Administration pursuant to the 
Flood Control Act of 1944 to recover purchase power and wheeling 
expenses shall be credited to this account as offsetting collections, 
to remain available until expended for the sole purpose of making 
purchase power and wheeling expenditures.

 Construction, Rehabilitation, Operation and Maintenance, Western Area 
                          Power Administration

    For carrying out the functions authorized by title III, section 
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other 
related activities including conservation and renewable resources 
programs as authorized, including official reception and representation 
expenses in an amount not to exceed $1,500; $218,346,000, to remain 
available until expended, of which $208,642,000 shall be derived from 
the Department of the Interior Reclamation Fund: Provided, That of the 
amount herein appropriated, $7,342,000 is for deposit into the Utah 
Reclamation Mitigation and Conservation Account pursuant to title IV of 
the Reclamation Projects Authorization and Adjustment Act of 1992: 
Provided further, That notwithstanding the provision of 31 U.S.C. 3302, 
up to $403,118,000 collected by the Western Area Power Administration 
pursuant to the Flood Control Act of 1944 and the Reclamation Project 
Act of 1939 to recover purchase power and wheeling expenses shall be 
credited to this account as offsetting collections, to remain available 
until expended for the sole purpose of making purchase power and 
wheeling expenditures.

           Falcon and Amistad Operating and Maintenance Fund

    For operation, maintenance, and emergency costs for the 
hydroelectric facilities at the Falcon and Amistad Dams, $2,959,000, to 
remain available until expended, and to be derived from the Falcon and 
Amistad Operating and Maintenance Fund of the Western Area Power 
Administration, as provided in section 423 of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995.

                  Federal Energy Regulatory Commission


                          Salaries and Expenses

    For necessary expenses of the Federal Energy Regulatory Commission 
to carry out the provisions of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including services as authorized by 5 
U.S.C. 3109, the hire of passenger motor vehicles, and official 
reception and representation expenses not to exceed $3,000, 
$273,400,000, to remain available until expended: Provided, That 
notwithstanding any other provision of law, not to exceed $273,400,000 
of revenues from fees and annual charges, and other services and 
collections in fiscal year 2009 shall be retained and used for 
necessary expenses in this account, and shall remain available until 
expended: Provided further, That the sum herein appropriated from the 
general fund shall be reduced as revenues are received during fiscal 
year 2009 so as to result in a final fiscal year 2009 appropriation 
from the general fund estimated at not more than $0.

                GENERAL PROVISIONS--DEPARTMENT OF ENERGY

    Sec. 301. Contract Competition. (a) None of the funds in this or 
any other appropriations Act for fiscal year 2009 or any previous 
fiscal year may be used to make payments for a noncompetitive 
management and operating contract, or a contract for environmental 
remediation or waste management in excess of $100,000,000 in annual 
funding at a current or former management and operating contract site 
or facility, or to award a significant extension or expansion to an 
existing management and operating contract, or other contract covered 
by this section, unless such contract is awarded using competitive 
procedures or the Secretary of Energy grants, on a case-by-case basis, 
a waiver to allow for such a deviation. The Secretary may not delegate 
the authority to grant such a waiver.
    (b) Within 30 days of formally notifying an incumbent contractor 
that the Secretary intends to grant such a waiver, the Secretary shall 
submit to the Subcommittees on Energy and Water Development of the 
Committees on Appropriations of the House of Representatives and the 
Senate a report notifying the Subcommittees of the waiver and setting 
forth, in specificity, the substantive reasons why the Secretary 
believes the requirement for competition should be waived for this 
particular award.
    (c) In this section the term ``competitive procedures'' has the 
meaning provided in section 4 of the Office of Federal Procurement 
Policy Act (41 U.S.C. 403) and includes procedures described in section 
303 of the Federal Property and Administrative Services Act of 1949 (41 
U.S.C. 253) other than a procedure that solicits a proposal from only 
one source.
    Sec. 302. Unfunded Requests for Proposals. None of the funds 
appropriated by this Act may be used to prepare or initiate Requests 
For Proposals (RFPs) for a program if the program has not been funded 
by Congress.
    Sec. 303. Department of Energy Defense Nuclear Facilities Workforce 
Restructuring. None of the funds appropriated by this Act may be used--
        (1) to augment the funds made available for obligation by this 
    Act for severance payments and other benefits and community 
    assistance grants under section 4604 of the Atomic Energy Defense 
    Act (50 U.S.C. 2704) unless the Department of Energy submits a 
    reprogramming request to the appropriate congressional committees; 
    or
        (2) to provide enhanced severance payments or other benefits 
    for employees of the Department of Energy under such section; or
        (3) develop or implement a workforce restructuring plan that 
    covers employees of the Department of Energy.
    Sec. 304. Unexpended Balances. The unexpended balances of prior 
appropriations provided for activities in this Act may be available to 
the same appropriation accounts for such activities established 
pursuant to this title. Available balances 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. 305. Bonneville Power Authority Service Territory. None of the 
funds in this or any other Act for the Administrator of the Bonneville 
Power Administration may be used to enter into any agreement to perform 
energy efficiency services outside the legally defined Bonneville 
service territory, with the exception of services provided 
internationally, including services provided on a reimbursable basis, 
unless the Administrator certifies in advance that such services are 
not available from private sector businesses.
    Sec. 306. User Facilities. When the Department of Energy makes a 
user facility available to universities or other potential users, or 
seeks input from universities or other potential users regarding 
significant characteristics or equipment in a user facility or a 
proposed user facility, the Department shall ensure broad public notice 
of such availability or such need for input to universities and other 
potential users. When the Department of Energy considers the 
participation of a university or other potential user as a formal 
partner in the establishment or operation of a user facility, the 
Department shall employ full and open competition in selecting such a 
partner. For purposes of this section, the term ``user facility'' 
includes, but is not limited to: (1) a user facility as described in 
section 2203(a)(2) of the Energy Policy Act of 1992 (42 U.S.C. 
13503(a)(2)); (2) a National Nuclear Security Administration Defense 
Programs Technology Deployment Center/User Facility; and (3) any other 
Departmental facility designated by the Department as a user facility.
    Sec. 307. Intelligence Activities. Funds appropriated by this or 
any other 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. 308. Laboratory Directed Research and Development. Of the 
funds made available by the Department of Energy for activities at 
government-owned, contractor-operated laboratories funded in this Act 
or subsequent Energy and Water Development Appropriations Acts, the 
Secretary may authorize a specific amount, not to exceed 8 percent of 
such funds, to be used by such laboratories for laboratory directed 
research and development: Provided, That the Secretary may also 
authorize a specific amount not to exceed 4 percent of such funds, to 
be used by the plant manager of a covered nuclear weapons production 
plant or the manager of the Nevada Site Office for plant or site 
directed research and development: Provided further, That 
notwithstanding Department of Energy order 413.2A, dated January 8, 
2001, beginning in fiscal year 2006 and thereafter, all DOE 
laboratories may be eligible for laboratory directed research and 
development funding.
    Sec. 309. Reliable Replacement Warhead.  None of the funds provided 
in this Act shall be available for the Reliable Replacement Warhead 
(RRW).
    Sec. 310. General Plant Projects. Plant or construction projects 
for which amounts are made available under this and subsequent 
appropriation Acts with a current estimated cost of less than 
$10,000,000 are considered for purposes of section 4703 of Public Law 
107-314 as a plant project for which the approved total estimated cost 
does not exceed the minor construction threshold and for purposes of 
section 4704 of Public Law 107-314 as a construction project with a 
current estimated cost of less than a minor construction threshold.
    Sec. 311. Energy Production.  The Secretary of Energy shall provide 
funding to the National Academy of Sciences to conduct an inventory of 
the energy development potential on all lands currently managed by the 
Department of Energy together with a report, to be submitted not later 
than July 1, 2009, which includes (1) a detailed analysis of all such 
resources including oil, gas, coal, solar, wind, geothermal and other 
renewable resources on such lands, (2) a delineation of the resources 
presently available for development as well as those potentially 
available in the future, and (3) an analysis of the environmental 
impacts associated with any future development including actions 
necessary to mitigate negative impacts.
    Sec. 312. Reno Hydrogen Fuel Project. (a) The non-Federal share of 
project costs shall be 20 percent.
    (b) The cost of project vehicles, related facilities, and other 
activities funded from the Federal Transit Administration sections 
5307, 5308, 5309, and 5314 program, including the non-Federal share for 
the FTA funds, is an eligible component of the non-Federal share for 
this project.
    (c) Contribution of the non-Federal share of project costs for all 
grants made for this project may be deferred until the entire project 
is completed.
    (d) All operations and maintenance costs associated with vehicles, 
equipment, and facilities utilized for this project are eligible 
project costs.
    (e) This section applies to project appropriations beginning in 
fiscal year 2004.
    Sec. 313. Integrated University Program. (a) The Secretary of 
Energy, along with the Administrator of the National Nuclear Security 
Administration and the Chairman of the Nuclear Regulatory Commission, 
shall establish an Integrated University Program.
    (b) For the purposes of carrying out this section, $45,000,000 is 
authorized to be appropriated in each of fiscal years 2009 to 2019 as 
follows:
        (1) $15,000,000 for the Department of Energy;
        (2) $15,000,000 for the Nuclear Regulatory Commission; and
        (3) $15,000,000 for the National Nuclear Security 
    Administration.
    (c) Of the amounts authorized to carry out this section, 
$10,000,000 shall be used by each organization to support university 
research and development in areas relevant to their respective 
organization's mission, and $5,000,000 shall be used by each 
organization to support a jointly implemented Nuclear Science and 
Engineering Grant Program that will support multiyear research projects 
that do not align with programmatic missions but are critical to 
maintaining the discipline of nuclear science and engineering.

                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

    For expenses necessary to carry out the programs authorized by the 
Appalachian Regional Development Act of 1965, as amended, 
notwithstanding 40 U.S.C. 14704, and, for necessary expenses for the 
Federal Co-Chairman and the Alternate on the Appalachian Regional 
Commission, for payment of the Federal share of the administrative 
expenses of the Commission, including services as authorized by 5 
U.S.C. 3109, and hire of passenger motor vehicles, $75,000,000, to 
remain available until expended: Provided, That any congressionally 
directed spending shall be taken from within that State's allocation in 
the fiscal year in which it is provided.

                Defense Nuclear Facilities Safety Board


                          Salaries and Expenses

    For necessary expenses of the Defense Nuclear Facilities Safety 
Board in carrying out activities authorized by the Atomic Energy Act of 
1954, as amended by Public Law 100-456, section 1441, $25,000,000, to 
remain available until expended.

                        Delta Regional Authority


                          Salaries and Expenses

    For necessary expenses of the Delta Regional Authority and to carry 
out its activities, as authorized by the Delta Regional Authority Act 
of 2000, as amended, notwithstanding sections 382C(b)(2), 382F(d), 
382M, and 382N of said Act, $13,000,000, to remain available until 
expended.

                           Denali Commission

    For expenses of the Denali Commission including the purchase, 
construction, and acquisition of plant and capital equipment as 
necessary and other expenses, $11,800,000, to remain available until 
expended, notwithstanding the limitations contained in section 306(g) 
of the Denali Commission Act of 1998.

                     Nuclear Regulatory Commission


                          Salaries and Expenses

    For necessary expenses of the Commission in carrying out the 
purposes of the Energy Reorganization Act of 1974, as amended, and the 
Atomic Energy Act of 1954, as amended, including official 
representation expenses (not to exceed $25,000), $1,034,656,000, to 
remain available until expended: Provided, That of the amount 
appropriated herein, $49,000,000 shall be derived from the Nuclear 
Waste Fund: Provided further, That revenues from licensing fees, 
inspection services, and other services and collections estimated at 
$860,857,000 in fiscal year 2009 shall be retained and used for 
necessary salaries and expenses in this account, notwithstanding 31 
U.S.C. 3302, and shall remain available until expended: Provided 
further, That the sum herein appropriated shall be reduced by the 
amount of revenues received during fiscal year 2009 so as to result in 
a final fiscal year 2009 appropriation estimated at not more than 
$173,799,000: Provided further, That such funds as are made available 
for necessary expenses of the Commission by this Act or any other Act 
may be used for the acquisition and lease of additional office space 
provided by the General Services Administration for personnel of the 
U.S. Nuclear Regulatory Commission as close as reasonably possible to 
the Commission's headquarters location in Rockville, Maryland, and of 
such square footage and for such lease term, as are determined by the 
Commission to be necessary to maintain the agency's regulatory 
effectiveness, efficiency, and emergency response capability: Provided 
further, That notwithstanding any other provision of law or any 
prevailing practice, the acquisition and lease of space for such 
purpose shall, to the extent necessary to obtain the space, be based on 
the prevailing rates in the immediate vicinity of the Commission's 
headquarters.


                       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, 
$10,860,000, to remain available until expended: Provided, That 
revenues from licensing fees, inspection services, and other services 
and collections estimated at $9,774,000 in fiscal year 2009 shall be 
retained and be available until expended, for necessary salaries and 
expenses in this account, notwithstanding 31 U.S.C. 3302: Provided 
further, That the sum herein appropriated shall be reduced by the 
amount of revenues received during fiscal year 2009 so as to result in 
a final fiscal year 2009 appropriation estimated at not more than 
$1,086,000.

                  Nuclear Waste Technical Review Board


                          Salaries and Expenses

    For necessary expenses of the Nuclear Waste Technical Review Board, 
as authorized by Public Law 100-203, section 5051, $3,811,000, to be 
derived from the Nuclear Waste Fund, and to remain available until 
expended.

Office of the Federal Coordinator for Alaska Natural Gas Transportation 
                                Projects

    For necessary expenses for the Office of the Federal Coordinator 
for Alaska Natural Gas Transportation Projects pursuant to the Alaska 
Natural Gas Pipeline Act of 2004, $4,400,000: Provided, That any fees, 
charges, or commissions received pursuant to section 802 of Public Law 
110-140 in fiscal year 2009 in excess of $4,660,000 shall not be 
available for obligation until appropriated in a subsequent Act of 
Congress.

                                TITLE V

                           GENERAL PROVISIONS

    Sec. 501. None of the funds appropriated by this Act may be used in 
any way, directly or indirectly, to influence congressional action on 
any legislation or appropriation matters pending before Congress, other 
than to communicate to Members of Congress as described in 18 U.S.C. 
1913.
    Sec. 502. 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 Act or any other appropriation Act.
    This division may be cited as the ``Energy and Water Development 
and Related Agencies Appropriations Act, 2009''.

 DIVISION D--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS 
                               ACT, 2009

                                TITLE I

                       DEPARTMENT OF THE TREASURY

                          Departmental Offices


                          salaries and expenses

                      (including transfer of funds)

    For necessary expenses of the Departmental Offices including 
operation and maintenance of the Treasury Building and Annex; hire of 
passenger motor vehicles; maintenance, repairs, and improvements of, 
and purchase of commercial insurance policies for, real properties 
leased or owned overseas, when necessary for the performance of 
official business, $278,870,000, of which not to exceed $21,619,000 is 
for executive direction program activities; not to exceed $45,910,000 
is for economic policies and programs activities; not to exceed 
$36,039,000 is for financial policies and programs activities; not to 
exceed $62,098,000 is for terrorism and financial intelligence 
activities; not to exceed $21,600,000 is for Treasury-wide management 
policies and programs activities; and not to exceed $91,604,000 is for 
administration programs activities: Provided, That the Secretary of the 
Treasury is authorized to transfer funds appropriated for any program 
activity of the Departmental Offices to any other program activity of 
the Departmental Offices upon notification to the House and Senate 
Committees on Appropriations: Provided further, That no appropriation 
for any program activity shall be increased or decreased by more than 4 
percent by all such transfers: Provided further, That any change in 
funding greater than 4 percent shall be submitted for approval to the 
House and Senate Committees on Appropriations: Provided further, That 
of the amount appropriated under this heading, not to exceed 
$3,000,000, to remain available until September 30, 2010, is for 
information technology modernization requirements; not to exceed 
$200,000 is for official reception and representation expenses; and not 
to exceed $258,000 is for unforeseen emergencies of a confidential 
nature, to be allocated and expended under the direction of the 
Secretary of the Treasury and to be accounted for solely on his 
certificate: Provided further, That of the amount appropriated under 
this heading, $5,232,443, to remain available until September 30, 2010, 
is for the Treasury-wide Financial Statement Audit and Internal Control 
Program, of which such amounts as may be necessary may be transferred 
to accounts of the Department's offices and bureaus to conduct audits: 
Provided further, That this transfer authority shall be in addition to 
any other provided in this Act: Provided further, That of the amount 
appropriated under this heading, $500,000, to remain available until 
September 30, 2010, is for secure space requirements: Provided further, 
That of the amount appropriated under this heading, $1,100,000, to 
remain available until September 30, 2010, is for salary and benefits 
for hiring of personnel whose work will require completion of a 
security clearance investigation in order to perform highly classified 
work to further the activities of the Office of Terrorism and Financial 
Intelligence: Provided further, That of the amount appropriated under 
this heading, $3,400,000, to remain available until September 30, 2011, 
is to develop and implement programs within the Office of Critical 
Infrastructure Protection and Compliance Policy, including entering 
into cooperative agreements: Provided further, That of the amount 
appropriated under this heading $3,000,000 to remain available until 
September 30, 2011, is for modernizing the Office of Debt Management's 
information technology.

        department-wide systems and capital investments programs


                      (including transfer of funds)

    For development and acquisition of automatic data processing 
equipment, software, and services for the Department of the Treasury, 
$26,975,000, to remain available until September 30, 2011: Provided, 
That $11,518,000 is for repairs to the Treasury Annex Building: 
Provided further, That these funds shall be transferred to accounts and 
in amounts as necessary to satisfy the requirements of the Department's 
offices, bureaus, and other organizations: Provided further, That this 
transfer authority shall be in addition to any other transfer authority 
provided in this Act: Provided further, That none of the funds 
appropriated under this heading shall be used to support or supplement 
``Internal Revenue Service, Operations Support'' or ``Internal Revenue 
Service, Business Systems Modernization''.


                       Office of Inspector General

                          Salaries and Expenses

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, not 
to exceed $2,000,000 for official travel expenses, including hire of 
passenger motor vehicles; and not to exceed $100,000 for unforeseen 
emergencies of a confidential nature, to be allocated and expended 
under the direction of the Inspector General of the Treasury, 
$26,125,000, of which not to exceed $2,500 shall be available for 
official reception and representation expenses.


            treasury inspector general for tax administration

                          salaries and expenses

    For necessary expenses of the Treasury Inspector General for Tax 
Administration in carrying out the Inspector General Act of 1978, 
including purchase (not to exceed 150 for replacement only for police-
type use) and hire of passenger motor vehicles (31 U.S.C. 1343(b)); 
services authorized by 5 U.S.C. 3109, at such rates as may be 
determined by the Inspector General for Tax Administration; 
$146,083,000, of which not to exceed $6,000,000 shall be available for 
official travel expenses; of which not to exceed $500,000 shall be 
available for unforeseen emergencies of a confidential nature, to be 
allocated and expended under the direction of the Inspector General for 
Tax Administration; and of which not to exceed $1,500 shall be 
available for official reception and representation expenses.

                  Financial Crimes Enforcement Network

                         salaries and expenses

    For necessary expenses of the Financial Crimes Enforcement Network, 
including hire of passenger motor vehicles; travel and training 
expenses of non-Federal and foreign government personnel to attend 
meetings and training concerned with domestic and foreign financial 
intelligence activities, law enforcement, and financial regulation; not 
to exceed $14,000 for official reception and representation expenses; 
and for assistance to Federal law enforcement agencies, with or without 
reimbursement, $91,465,000, of which not to exceed $16,340,000 shall 
remain available until September 30, 2011; and of which $9,178,000 
shall remain available until September 30, 2010: Provided, That funds 
appropriated in this account may be used to procure personal services 
contracts.

                        Treasury Forfeiture Fund


                               (RESCISSION)

    Of the unobligated balances available under this heading, 
$30,000,000 are rescinded.

                      Financial Management Service

                         salaries and expenses

    For necessary expenses of the Financial Management Service, 
$239,785,000, of which not to exceed $9,220,000 shall remain available 
until September 30, 2011, for information systems modernization 
initiatives; and of which not to exceed $2,500 shall be available for 
official reception and representation expenses.

                Alcohol and Tobacco Tax and Trade Bureau


                          Salaries and Expenses

    For necessary expenses of carrying out section 1111 of the Homeland 
Security Act of 2002, including hire of passenger motor vehicles, 
$99,065,000; of which not to exceed $6,000 for official reception and 
representation expenses; not to exceed $50,000 for cooperative research 
and development programs for laboratory services; and provision of 
laboratory assistance to State and local agencies with or without 
reimbursement: Provided, That of the amount appropriated under this 
heading, $2,000,000, to remain available until September 30, 2010, is 
for information technology management.

                           United States Mint

               united states mint public enterprise fund

    Pursuant to section 5136 of title 31, United States Code, the 
United States Mint is provided funding through the United States Mint 
Public Enterprise Fund for costs associated with the production of 
circulating coins, numismatic coins, and protective services, including 
both operating expenses and capital investments. The aggregate amount 
of new liabilities and obligations incurred during fiscal year 2009 
under such section 5136 for circulating coinage and protective service 
capital investments of the United States Mint shall not exceed 
$42,150,000.

                       Bureau of the Public Debt

                     administering the public debt

    For necessary expenses connected with any public-debt issues of the 
United States, $187,352,000, of which not to exceed $2,500 shall be 
available for official reception and representation expenses, and of 
which not to exceed $2,000,000 shall remain available until September 
30, 2011, for systems modernization: Provided, That the sum 
appropriated herein from the general fund for fiscal year 2009 shall be 
reduced by not more than $10,000,000 as definitive security issue fees 
and Legacy Treasury Direct Investor Account Maintenance fees are 
collected, so as to result in a final fiscal year 2009 appropriation 
from the general fund estimated at $177,352,000. In addition, $90,000 
to be derived from the Oil Spill Liability Trust Fund to reimburse the 
Bureau for administrative and personnel expenses for financial 
management of the Fund, as authorized by section 1012 of Public Law 
101-380.

   Community Development Financial Institutions Fund Program Account

    To carry out the Community Development Banking and Financial 
Institutions Act of 1994 (Public Law 103-325), including services 
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed 
the per diem rate equivalent to the rate for ES-3, $107,000,000, to 
remain available until September 30, 2010, of which $8,500,000 shall be 
for financial assistance, technical assistance, training and outreach 
programs designed to benefit Native American, Native Hawaiian, and 
Alaskan Native communities and provided primarily through qualified 
community development lender organizations with experience and 
expertise in community development banking and lending in Indian 
country, Native American organizations, tribes and tribal organizations 
and other suitable providers, $2,000,000 shall be available for the 
pilot project grant program under section 1132(d) of division A of the 
Housing and Economic Recovery Act of 2008 (Public Law 110-289), up to 
$14,750,000 may be used for administrative expenses, including 
administration of the New Markets Tax Credit, up to $7,500,000 may be 
used for the cost of direct loans, and up to $250,000 may be used for 
administrative expenses to carry out the direct loan program: Provided, 
That the cost of direct loans, including the cost of modifying such 
loans, shall be as defined in section 502 of the Congressional Budget 
Act of 1974: Provided further, That these funds are available to 
subsidize gross obligations for the principal amount of direct loans 
not to exceed $16,000,000.

                        Internal Revenue Service


                            taxpayer services

    For necessary expenses of the Internal Revenue Service to provide 
taxpayer services, including pre-filing assistance and education, 
filing and account services, taxpayer advocacy services, and other 
services as authorized by 5 U.S.C. 3109, at such rates as may be 
determined by the Commissioner, $2,293,000,000, of which not less than 
$5,100,000 shall be for the Tax Counseling for the Elderly Program, of 
which not less than $9,500,000 shall be available for low-income 
taxpayer clinic grants, of which not less than $8,000,000, to remain 
available until September 30, 2010, shall be available for a Community 
Volunteer Income Tax Assistance matching grants demonstration program 
for tax return preparation assistance, and of which not less than 
$193,000,000 shall be available for operating expenses of the Taxpayer 
Advocate Service.


                               enforcement

                      (including transfer of funds)

    For necessary expenses of the Internal Revenue Service to determine 
and collect owed taxes, to provide legal and litigation support, to 
conduct criminal investigations, to enforce criminal statutes related 
to violations of internal revenue laws and other financial crimes, to 
purchase (for police-type use, not to exceed 850) and hire passenger 
motor vehicles (31 U.S.C. 1343(b)), and to provide other services as 
authorized by 5 U.S.C. 3109, at such rates as may be determined by the 
Commissioner, $5,117,267,000, of which not less than $57,252,000 shall 
be for the Interagency Crime and Drug Enforcement program: Provided, 
That up to $10,000,000 may be transferred as necessary from this 
account to ``Operations Support'' solely for the purposes of the 
Interagency Crime and Drug Enforcement program: Provided further, That 
this transfer authority shall be in addition to any other transfer 
authority provided in this Act.


                            operations support

    For necessary expenses of the Internal Revenue Service to support 
taxpayer services and enforcement programs, including rent payments; 
facilities services; printing; postage; physical security; headquarters 
and other IRS-wide administration activities; research and statistics 
of income; telecommunications; information technology development, 
enhancement, operations, maintenance, and security; the hire of 
passenger motor vehicles (31 U.S.C. 1343(b)); and other services as 
authorized by 5 U.S.C. 3109, at such rates as may be determined by the 
Commissioner; $3,867,011,000, of which up to $75,000,000 shall remain 
available until September 30, 2010, for information technology support; 
of which not to exceed $1,000,000 shall remain available until 
September 30, 2011, for research; of which not less than $2,000,000 
shall be for the Internal Revenue Service Oversight Board; and of which 
not to exceed $25,000 shall be for official reception and 
representation.


                      business systems modernization

    For necessary expenses of the Internal Revenue Service's business 
systems modernization program, $229,914,000, to remain available until 
September 30, 2011, for the capital asset acquisition of information 
technology systems, including management and related contractual costs 
of said acquisitions, including related Internal Revenue Service labor 
costs, and contractual costs associated with operations authorized by 5 
U.S.C. 3109: Provided, That, with the exception of labor costs, none of 
these funds may be obligated until the Internal Revenue Service submits 
to the Committees on Appropriations, 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, including Circular A-11; (2) complies with the 
Internal Revenue Service's enterprise architecture, including the 
modernization blueprint; (3) conforms with the Internal Revenue 
Service's enterprise life cycle methodology; (4) is approved by the 
Internal Revenue Service, the Department of the Treasury, and the 
Office of Management and Budget; (5) has been reviewed by the 
Government Accountability Office; and (6) complies with the acquisition 
rules, requirements, guidelines, and systems acquisition management 
practices of the Federal Government.

               health insurance tax credit administration

    For expenses necessary to implement the health insurance tax credit 
included in the Trade Act of 2002 (Public Law 107-210), $15,406,000.


           administrative provisions--internal revenue service

                      (including transfer of funds)

    Sec. 101.  Not to exceed 5 percent of any appropriation made 
available in this Act to the Internal Revenue Service or not to exceed 
3 percent of appropriations under the heading ``Enforcement'' may be 
transferred to any other Internal Revenue Service appropriation upon 
the advance approval of the Committees on Appropriations.
    Sec. 102.  The Internal Revenue Service shall maintain a training 
program to ensure that Internal Revenue Service employees are trained 
in taxpayers' rights, in dealing courteously with taxpayers, and in 
cross-cultural relations.
    Sec. 103.  The Internal Revenue Service shall institute and enforce 
policies and procedures that will safeguard the confidentiality of 
taxpayer information.
    Sec. 104.  Funds made available by this or any other Act to the 
Internal Revenue Service shall be available for improved facilities and 
increased staffing to provide sufficient and effective 1-800 help line 
service for taxpayers. The Commissioner shall continue to make the 
improvement of the Internal Revenue Service 1-800 help line service a 
priority and allocate resources necessary to increase phone lines and 
staff to improve the Internal Revenue Service 1-800 help line service.
    Sec. 105. Of the funds made available by this Act to the Internal 
Revenue Service, not less than $6,997,000,000 shall be available only 
for tax enforcement. In addition, of the funds made available by this 
Act to the Internal Revenue Service, and subject to the same terms and 
conditions, $490,000,000 shall be available for enhanced tax law 
enforcement.
    Sec. 106.  None of the funds made available in this Act may be used 
to enter into, renew, extend, administer, implement, enforce, or 
provide oversight of any qualified tax collection contract (as defined 
in section 6306 of the Internal Revenue Code of 1986).

         Administrative Provisions--Department of the Treasury


                      (including transfers of funds)

    Sec. 107.  Appropriations to the Department of the Treasury in this 
Act shall be available for uniforms or allowances therefor, as 
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and 
cleaning; purchase of insurance for official motor vehicles operated in 
foreign countries; purchase of motor vehicles without regard to the 
general purchase price limitations for vehicles purchased and used 
overseas for the current fiscal year; entering into contracts with the 
Department of State for the furnishing of health and medical services 
to employees and their dependents serving in foreign countries; and 
services authorized by 5 U.S.C. 3109.
    Sec. 108.  Not to exceed 2 percent of any appropriations in this 
Act made available to the Departmental Offices--Salaries and Expenses, 
Office of Inspector General, Financial Management Service, Alcohol and 
Tobacco Tax and Trade Bureau, Financial Crimes Enforcement Network, and 
Bureau of the Public Debt, may be transferred between such 
appropriations upon the advance approval of the Committees on 
Appropriations: Provided, That no transfer may increase or decrease any 
such appropriation by more than 2 percent.
    Sec. 109.  Not to exceed 2 percent of any appropriation made 
available in this Act to the Internal Revenue Service may be 
transferred to the Treasury Inspector General for Tax Administration's 
appropriation upon the advance approval of the Committees on 
Appropriations: Provided, That no transfer may increase or decrease any 
such appropriation by more than 2 percent.
    Sec. 110.  Of the funds available for the purchase of law 
enforcement vehicles, no funds may be obligated until the Secretary of 
the Treasury certifies that the purchase by the respective Treasury 
bureau is consistent with departmental vehicle management principles: 
Provided, That the Secretary may delegate this authority to the 
Assistant Secretary for Management.
    Sec. 111.  None of the funds appropriated in this Act or otherwise 
available to the Department of the Treasury or the Bureau of Engraving 
and Printing may be used to redesign the $1 Federal Reserve note.
    Sec. 112.  The Secretary of the Treasury may transfer funds from 
Financial Management Service, Salaries and Expenses to the Debt 
Collection Fund as necessary to cover the costs of debt collection: 
Provided, That such amounts shall be reimbursed to such salaries and 
expenses account from debt collections received in the Debt Collection 
Fund.
    Sec. 113.  Section 122(g)(1) of Public Law 105-119 (5 U.S.C. 3104 
note), is further amended by striking ``10 years'' and inserting ``11 
years''.
    Sec. 114.  None of the funds appropriated or otherwise made 
available by this or any other Act may be used by the United States 
Mint to construct or operate any museum without the explicit approval 
of the Committees on Appropriations of the House of Representatives and 
the Senate, the House Committee on Financial Services, and the Senate 
Committee on Banking, Housing, and Urban Affairs.
    Sec. 115.  None of the funds appropriated or otherwise made 
available by this or any other Act or source to the Department of the 
Treasury, the Bureau of Engraving and Printing, and the United States 
Mint, individually or collectively, may be used to consolidate any or 
all functions of the Bureau of Engraving and Printing and the United 
States Mint without the explicit approval of the House Committee on 
Financial Services; the Senate Committee on Banking, Housing, and Urban 
Affairs; the House Committee on Appropriations; and the Senate 
Committee on Appropriations.
    Sec. 116.  Funds appropriated by this Act, or made available by the 
transfer of funds in this Act, for the Department of the Treasury's 
intelligence or intelligence related 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. 117. Not to exceed $5,000 shall be made available from the 
Bureau of Engraving and Printing's Industrial Revolving Fund for 
necessary official reception and representation expenses.
     This title may be cited as the ``Department of the Treasury 
Appropriations Act, 2009''.

                                TITLE II

    EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE 
                               PRESIDENT

                     Compensation of the President

    For compensation of the President, including an expense allowance 
at the rate of $50,000 per annum as authorized by 3 U.S.C. 102, 
$450,000: Provided, That none of the funds made available for official 
expenses shall be expended for any other purpose and any unused amount 
shall revert to the Treasury pursuant to section 1552 of title 31, 
United States Code.

                           White House Office


                          salaries and expenses

    For necessary expenses for the White House as authorized by law, 
including not to exceed $3,850,000 for services as authorized by 5 
U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3 
U.S.C. 105, which shall be expended and accounted for as provided in 
that section; hire of passenger motor vehicles, newspapers, 
periodicals, teletype news service, and travel (not to exceed $100,000 
to be expended and accounted for as provided by 3 U.S.C. 103); and not 
to exceed $19,000 for official entertainment expenses, to be available 
for allocation within the Executive Office of the President; 
$53,899,000, of which $1,400,000 shall be for the Office of National 
AIDS Policy.

                 Executive Residence at the White House


                            operating expenses

    For the care, maintenance, repair and alteration, refurnishing, 
improvement, heating, and lighting, including electric power and 
fixtures, of the Executive Residence at the White House and official 
entertainment expenses of the President, $13,363,000, to be expended 
and accounted for as provided by 3 U.S.C. 105, 109, 110, and 112-114.


                          reimbursable expenses

    For the reimbursable expenses of the Executive Residence at the 
White House, such sums as may be necessary: Provided, That all 
reimbursable operating expenses of the Executive Residence shall be 
made in accordance with the provisions of this paragraph: Provided 
further, That, notwithstanding any other provision of law, such amount 
for reimbursable operating expenses shall be the exclusive authority of 
the Executive Residence to incur obligations and to receive offsetting 
collections, for such expenses: Provided further, That the Executive 
Residence shall require each person sponsoring a reimbursable political 
event to pay in advance an amount equal to the estimated cost of the 
event, and all such advance payments shall be credited to this account 
and remain available until expended: Provided further, That the 
Executive Residence shall require the national committee of the 
political party of the President to maintain on deposit $25,000, to be 
separately accounted for and available for expenses relating to 
reimbursable political events sponsored by such committee during such 
fiscal year: Provided further, That the Executive Residence shall 
ensure that a written notice of any amount owed for a reimbursable 
operating expense under this paragraph is submitted to the person owing 
such amount within 60 days after such expense is incurred, and that 
such amount is collected within 30 days after the submission of such 
notice: Provided further, That the Executive Residence shall charge 
interest and assess penalties and other charges on any such amount that 
is not reimbursed within such 30 days, in accordance with the interest 
and penalty provisions applicable to an outstanding debt on a United 
States Government claim under section 3717 of title 31, United States 
Code: Provided further, That each such amount that is reimbursed, and 
any accompanying interest and charges, shall be deposited in the 
Treasury as miscellaneous receipts: Provided further, That the 
Executive Residence shall prepare and submit to the Committees on 
Appropriations, by not later than 90 days after the end of the fiscal 
year covered by this Act, a report setting forth the reimbursable 
operating expenses of the Executive Residence during the preceding 
fiscal year, including the total amount of such expenses, the amount of 
such total that consists of reimbursable official and ceremonial 
events, the amount of such total that consists of reimbursable 
political events, and the portion of each such amount that has been 
reimbursed as of the date of the report: Provided further, That the 
Executive Residence shall maintain a system for the tracking of 
expenses related to reimbursable events within the Executive Residence 
that includes a standard for the classification of any such expense as 
political or nonpolitical: Provided further, That no provision of this 
paragraph may be construed to exempt the Executive Residence from any 
other applicable requirement of subchapter I or II of chapter 37 of 
title 31, United States Code.

                   White House Repair and Restoration

    For the repair, alteration, and improvement of the Executive 
Residence at the White House, $1,600,000, to remain available until 
expended, for required maintenance, safety and health issues, and 
continued preventative maintenance.

                      Council of Economic Advisers


                          salaries and expenses

    For necessary expenses of the Council of Economic Advisers in 
carrying out its functions under the Employment Act of 1946 (15 U.S.C. 
1021 et seq.), $4,118,000.

                      Office of Policy Development


                          salaries and expenses

    For necessary expenses of the Office of Policy Development, 
including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, 
$3,550,000.

                       National Security Council


                          salaries and expenses

    For necessary expenses of the National Security Council, including 
services as authorized by 5 U.S.C. 3109, $9,029,000.

                        Office of Administration


                          salaries and expenses

    For necessary expenses of the Office of Administration, including 
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of 
passenger motor vehicles, $101,333,000, of which not less than 
$5,700,000 shall be for e-mail restoration activities, and of which 
$11,923,000 shall remain available until expended for continued 
modernization of the information technology infrastructure within the 
Executive Office of the President.

                    Office of Management and Budget


                          salaries and expenses

    For necessary expenses of the Office of Management and Budget, 
including hire of passenger motor vehicles and services as authorized 
by 5 U.S.C. 3109 and to carry out the provisions of chapter 35 of title 
44, United States Code, $87,972,000, of which not to exceed $3,000 
shall be available for official representation expenses: Provided, That 
none of the funds appropriated in this Act for the Office of Management 
and Budget may be used for the purpose of reviewing any agricultural 
marketing orders or any activities or regulations under the provisions 
of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et 
seq.): Provided further, That none of the funds made available for the 
Office of Management and Budget by this Act may be expended for the 
altering of the transcript of actual testimony of witnesses, except for 
testimony of officials of the Office of Management and Budget, before 
the Committees on Appropriations or their subcommittees: Provided 
further, That none of the funds provided in this or prior Acts shall be 
used, directly or indirectly, by the Office of Management and Budget, 
for evaluating or determining if water resource project or study 
reports submitted by the Chief of Engineers acting through the 
Secretary of the Army are in compliance with all applicable laws, 
regulations, and requirements relevant to the Civil Works water 
resource planning process: Provided further, That the Office of 
Management and Budget shall have not more than 60 days in which to 
perform budgetary policy reviews of water resource matters on which the 
Chief of Engineers has reported: Provided further, That the Director of 
the Office of Management and Budget shall notify the appropriate 
authorizing and appropriating committees when the 60-day review is 
initiated: Provided further, That if water resource reports have not 
been transmitted to the appropriate authorizing and appropriating 
committees within 15 days after the end of the Office of Management and 
Budget review period based on the notification from the Director, 
Congress shall assume Office of Management and Budget concurrence with 
the report and act accordingly.

                 Office of National Drug Control Policy

                         salaries and expenses

    For necessary expenses of the Office of National Drug Control 
Policy; for research activities pursuant to the Office of National Drug 
Control Policy Reauthorization Act of 2006 (Public Law 109-469); not to 
exceed $10,000 for official reception and representation expenses; and 
for participation in joint projects or in the provision of services on 
matters of mutual interest with nonprofit, research, or public 
organizations or agencies, with or without reimbursement, $27,200,000; 
of which $1,300,000 shall remain available until expended for policy 
research and evaluation: Provided, That the Office is authorized to 
accept, hold, administer, and utilize gifts, both real and personal, 
public and private, without fiscal year limitation, for the purpose of 
aiding or facilitating the work of the Office.


                 Counterdrug Technology Assessment Center

                      (including transfer of funds)

    For necessary expenses for the Counterdrug Technology Assessment 
Center for research activities pursuant to the Office of National Drug 
Control Policy Reauthorization Act of 2006 (Public Law 109-469), 
$3,000,000, which shall remain available until expended for 
counternarcotics research and development projects: Provided, That such 
amount shall be available for transfer to other Federal departments or 
agencies: Provided further, That the Office of National Drug Control 
Policy shall submit for approval by the Committees on Appropriations of 
the House of Representatives and the Senate, a detailed spending plan 
for the use of these funds no later than 90 days after enactment of 
this Act.


                      federal drug control programs

              High Intensity Drug Trafficking Areas Program

                      (including transfers of funds)

    For necessary expenses of the Office of National Drug Control 
Policy's High Intensity Drug Trafficking Areas Program, $234,000,000, 
to remain available until September 30, 2010, for drug control 
activities consistent with the approved strategy for each of the 
designated High Intensity Drug Trafficking Areas, of which no less than 
51 percent shall be transferred to State and local entities for drug 
control activities, which shall be obligated within 120 days after 
enactment of this Act: Provided, That up to 49 percent may be 
transferred to Federal agencies and departments at a rate to be 
determined by the Director, of which up to $2,100,000 may be used for 
auditing services and associated activities, and up to $250,000 of the 
$2,100,000 shall be used to ensure the continued operation and 
maintenance of the Performance Management System: Provided further, 
That High Intensity Drug Trafficking Areas Programs designated as of 
September 30, 2008, shall be funded at no less than the fiscal year 
2008 initial allocation levels (as revised by the letter from the 
Director of the Office of National Drug Control Policy to the 
Committees on Appropriations of the House of Representatives and the 
Senate dated April 8, 2008) or $3,000,000, whichever is greater, unless 
the Director submits to the Committees on Appropriations of the House 
of Representatives and the Senate, and the Committees approve, 
justification for changes in those levels based on clearly articulated 
priorities for the High Intensity Drug Trafficking Areas Programs, as 
well as published Office of National Drug Control Policy performance 
measures of effectiveness: Provided further, That no High Intensity 
Drug Trafficking Area shall receive more than $47,457,447 as its fiscal 
year 2009 initial allocation level: Provided further, That, 
notwithstanding the requirements of Public Law 106-58, any unexpended 
funds obligated prior to fiscal year 2007 for programs addressing the 
treatment or prevention of drug use as part of the approved strategy 
for a designated High Intensity Drug Trafficking Area may be used for 
other approved activities of that High Intensity Drug Trafficking Area: 
Provided further, That the Office of National Drug Control Policy 
(ONDCP) shall notify the Committees on Appropriations of the House of 
Representatives and the Senate of the initial High-Intensity Drug 
Trafficking Area (HIDTA) allocation funding within 45 days after the 
enactment of this Act: Provided further, That ONDCP shall submit 
recommendations for approval to the Committees on Appropriations for 
the use of discretionary HIDTA funding, according to a framework 
proposed jointly by the HIDTA Directors and ONDCP, within 90 days after 
the enactment of this Act.


                   Other Federal Drug Control Programs

                      (including transfer of funds)

    For activities to support a national anti-drug campaign for youth, 
and for other purposes, authorized by the Office of National Drug 
Control Policy Reauthorization Act of 2006 (Public Law 109-469), 
$174,700,000, to remain available until expended, of which the amounts 
are available as follows: $70,000,000 to support a national media 
campaign, of which at least $8,000,000 shall be designated for 
methamphetamine prevention messages: Provided, That the Office of 
National Drug Control Policy shall maintain funding for non-advertising 
services for the media campaign at no less than the fiscal year 2003 
ratio of service funding to total funds and shall continue the 
corporate outreach program; $90,000,000 to continue a program of 
matching grants to drug-free communities, of which $2,000,000 shall be 
made available as directed by section 4 of Public Law 107-82, as 
amended by Public Law 109-469 (21 U.S.C. 1521 note): Provided further, 
That any grantee seeking a renewal grant (year 2 through 5, or year 7 
through 10) that is determined to be ineligible or not entitled to 
continuation funding for any reason, shall be afforded a fair, timely, 
and independent appeal prior to the beginning of the subsequent funding 
year before being denied a renewal grant; $1,250,000 for the National 
Drug Court Institute; $9,800,000 for the United States Anti-Doping 
Agency for anti-doping activities; $1,900,000 for the United States 
membership dues to the World Anti-Doping Agency; $1,250,000 for the 
National Alliance for Model State Drug Laws; and $500,000 for 
evaluations and research related to National Drug Control Program 
performance measures: Provided further, That such funds may be 
transferred to other Federal departments and agencies to carry out such 
activities: Provided further, That of the amounts appropriated for a 
national media campaign, not to exceed 10 percent shall be for 
administration, advertising production, research and testing, labor, 
and related costs of the national media campaign.

                          Unanticipated Needs

    For expenses necessary to enable the President to meet 
unanticipated needs, in furtherance of the national interest, security, 
or defense which may arise at home or abroad during the current fiscal 
year, as authorized by 3 U.S.C. 108, $1,000,000, to remain available 
until September 30, 2010.

             Presidential Transition Administrative Support


                      (including transfer of funds)

    For expenses of the Office of Administration to carry out the 
Presidential Transition Act of 1963 and similar expenses, in addition 
to amounts otherwise appropriated by law, $8,000,000; Provided, That 
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 Act or any other Act, to carry out such 
purposes.

                  Special Assistance to the President


                          salaries and expenses

    For necessary expenses to enable the Vice President to provide 
assistance to the President in connection with specially assigned 
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106, 
including subsistence expenses as authorized by 3 U.S.C. 106, which 
shall be expended and accounted for as provided in that section; and 
hire of passenger motor vehicles, $4,496,000.

                Official Residence of the Vice President


                            operating expenses

                      (including transfer of funds)

    For the care, operation, refurnishing, improvement, and to the 
extent not otherwise provided for, heating and lighting, including 
electric power and fixtures, of the official residence of the Vice 
President; the hire of passenger motor vehicles; and not to exceed 
$90,000 for official entertainment expenses of the Vice President, to 
be accounted for solely on his certificate, $323,000: Provided, That 
advances or repayments or transfers from this appropriation may be made 
to any department or agency for expenses of carrying out such 
activities.

Administrative Provisions--Executive Office of the President and Funds 
                     Appropriated to the President


                      (including transfer of funds)

    Sec. 201.  From funds made available in this Act under the headings 
``White House Office'', ``Executive Residence at the White House'', 
``White House Repair and Restoration'', ``Council of Economic 
Advisors'', ``National Security Council'', ``Office of 
Administration'', ``Office of Policy Development'', ``Special 
Assistance to the President'', and ``Official Residence of the Vice 
President'', the Director of the Office of Management and Budget (or 
such other officer as the President may designate in writing), may, 15 
days after giving notice to the Committees on Appropriations of the 
House of Representatives and the Senate, transfer not to exceed 10 
percent of any such appropriation to any other such appropriation, to 
be merged with and available for the same time and for the same 
purposes as the appropriation to which transferred: Provided, That the 
amount of an appropriation shall not be increased by more than 50 
percent by such transfers: Provided further, That no amount shall be 
transferred from ``Special Assistance to the President'' or ``Official 
Residence of the Vice President'' without the approval of the Vice 
President.
    Sec. 202. The President shall submit to the Committees on 
Appropriations of the House of Representatives and the Senate not later 
than 60 days after the date of the enactment of this Act, and prior to 
the initial obligation of funds appropriated under the heading ``Office 
of National Drug Control Policy'', a detailed narrative and financial 
plan on the proposed uses of all funds under the heading by program, 
project, and activity, for which the obligation of funds is 
anticipated: Provided, That up to 20 percent of funds appropriated 
under this heading may be obligated before the submission of the report 
subject to prior approval of the Committees on Appropriations: Provided 
further, That the report shall be updated and submitted to the 
Committees on Appropriations every 6 months and shall include 
information detailing how the estimates and assumptions contained in 
previous reports have changed: Provided further, That any new projects 
and changes in funding of ongoing projects shall be subject to the 
prior approval of the Committees on Appropriations.
    Sec. 203. Not to exceed 2 percent of any appropriations in this Act 
made available to the Office of National Drug Control Policy may be 
transferred between appropriated programs upon the advance approval of 
the Committees on Appropriations: Provided, That no transfer may 
increase or decrease any such appropriation by more than 3 percent.
    Sec. 204. Not to exceed $1,000,000 of any appropriations in this 
Act made available to the Office of National Drug Control Policy may be 
reprogrammed within a program, project, or activity upon the advance 
approval of the Committees on Appropriations.
     This title may be cited as the ``Executive Office of the President 
Appropriations Act, 2009''.

                               TITLE III

                             THE JUDICIARY

                   Supreme Court of the United States


                          salaries and expenses

    For expenses necessary for the operation of the Supreme Court, as 
required by law, excluding care of the building and grounds, including 
purchase or hire, driving, maintenance, and operation of an automobile 
for the Chief Justice, not to exceed $10,000 for the purpose of 
transporting Associate Justices, and hire of passenger motor vehicles 
as authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for 
official reception and representation expenses; and for miscellaneous 
expenses, to be expended as the Chief Justice may approve, $69,777,000, 
of which $2,000,000 shall remain available until expended.


                     care of the building and grounds

    For such expenditures as may be necessary to enable the Architect 
of the Capitol to carry out the duties imposed upon the Architect by 
the Act approved May 7, 1934 (40 U.S.C. 13a-13b), $18,447,000, which 
shall remain available until expended.

         United States Court of Appeals for the Federal Circuit


                          salaries and expenses

    For salaries of the chief judge, judges, and other officers and 
employees, and for necessary expenses of the court, as authorized by 
law, $30,384,000.

               United States Court of International Trade


                          Salaries and Expenses

    For salaries of the chief judge and eight judges, salaries of the 
officers and employees of the court, services, and necessary expenses 
of the court, as authorized by law, $19,605,000.

    Courts of Appeals, District Courts, and Other Judicial Services


                          Salaries and Expenses

    For the salaries of circuit and district judges (including judges 
of the territorial courts of the United States), justices and judges 
retired from office or from regular active service, judges of the 
United States Court of Federal Claims, bankruptcy judges, magistrate 
judges, and all other officers and employees of the Federal Judiciary 
not otherwise specifically provided for, and necessary expenses of the 
courts, as authorized by law, $4,801,369,000 (including the purchase of 
firearms and ammunition); of which not to exceed $27,817,000 shall 
remain available until expended for space alteration projects and for 
furniture and furnishings related to new space alteration and 
construction projects.
    In addition, for expenses of the United States Court of Federal 
Claims associated with processing cases under the National Childhood 
Vaccine Injury Act of 1986 (Public Law 99-660), not to exceed 
$4,253,000, to be appropriated from the Vaccine Injury Compensation 
Trust Fund.


                            defender services

    For the operation of Federal Defender organizations; the 
compensation and reimbursement of expenses of attorneys appointed to 
represent persons under section 3006A of title 18, United States Code, 
and also under section 3599 of title 18, United States Code, in cases 
in which a defendant is charged with a crime that may be punishable by 
death; the compensation and reimbursement of expenses of persons 
furnishing investigative, expert, and other services under section 
3006A(e) of title 18, United States Code, and also under section 
3599(f) and (g)(2) of title 18, United States Code, in cases in which a 
defendant is charged with a crime that may be punishable by death; the 
compensation (in accordance with the maximums under section 3006A of 
title 18, United States Code) and reimbursement of expenses of 
attorneys appointed to assist the court in criminal cases where the 
defendant has waived representation by counsel; the compensation and 
reimbursement of travel expenses of guardians ad litem acting on behalf 
of financially eligible minor or incompetent offenders in connection 
with transfers from the United States to foreign countries with which 
the United States has a treaty for the execution of penal sentences; 
the compensation and reimbursement of expenses of attorneys appointed 
to represent jurors in civil actions for the protection of their 
employment, as authorized by 28 U.S.C. 1875(d); the compensation and 
reimbursement of expenses of attorneys appointed under 18 U.S.C. 
983(b)(1) in connection with certain judicial civil forfeiture 
proceedings; and for necessary training and general administrative 
expenses, $849,400,000, to remain available until expended.


                     fees of jurors and commissioners

    For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and 
1876; compensation of jury commissioners as authorized by 28 U.S.C. 
1863; and compensation of commissioners appointed in condemnation cases 
pursuant to rule 71A(h) of the Federal Rules of Civil Procedure (28 
U.S.C. Appendix Rule 71A(h)), $62,206,000, to remain available until 
expended: Provided, That the compensation of land commissioners shall 
not exceed the daily equivalent of the highest rate payable under 
section 5332 of title 5, United States Code.


                              court security

                      (including transfers of funds)

    For necessary expenses, not otherwise provided for, incident to the 
provision of protective guard services for United States courthouses 
and other facilities housing Federal court operations, and the 
procurement, installation, and maintenance of security systems and 
equipment for United States courthouses and other facilities housing 
Federal court operations, including building ingress-egress control, 
inspection of mail and packages, directed security patrols, perimeter 
security, basic security services provided by the Federal Protective 
Service, and other similar activities as authorized by section 1010 of 
the Judicial Improvement and Access to Justice Act (Public Law 100-
702), $428,858,000, of which not to exceed $15,000,000 shall remain 
available until expended, to be expended directly or transferred to the 
United States Marshals Service, which shall be responsible for 
administering the Judicial Facility Security Program consistent with 
standards or guidelines agreed to by the Director of the Administrative 
Office of the United States Courts and the Attorney General.

           Administrative Office of the United States Courts


                          salaries and expenses

    For necessary expenses of the Administrative Office of the United 
States Courts as authorized by law, including travel as authorized by 
31 U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31 
U.S.C. 1343(b), advertising and rent in the District of Columbia and 
elsewhere, $79,049,000, of which not to exceed $8,500 is authorized for 
official reception and representation expenses.

                        Federal Judicial Center


                          salaries and expenses

    For necessary expenses of the Federal Judicial Center, as 
authorized by Public Law 90-219, $25,725,000; of which $1,800,000 shall 
remain available through September 30, 2010, to provide education and 
training to Federal court personnel; and of which not to exceed $1,500 
is authorized for official reception and representation expenses.

                       Judicial Retirement Funds


                     payment to judiciary trust funds

    For payment to the Judicial Officers' Retirement Fund, as 
authorized by 28 U.S.C. 377(o), $65,340,000; to the Judicial Survivors' 
Annuities Fund, as authorized by 28 U.S.C. 376(c), $6,600,000; and to 
the United States Court of Federal Claims Judges' Retirement Fund, as 
authorized by 28 U.S.C. 178(l), $4,200,000.

                  United States Sentencing Commission


                          salaries and expenses

    For the salaries and expenses necessary to carry out the provisions 
of chapter 58 of title 28, United States Code, $16,225,000, of which 
not to exceed $1,000 is authorized for official reception and 
representation expenses.

                Administrative Provisions--The Judiciary


                      (including transfer of funds)

    Sec. 301.  Appropriations and authorizations made in this title 
which are available for salaries and expenses shall be available for 
services as authorized by 5 U.S.C. 3109.
    Sec. 302.  Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Judiciary in this Act may 
be transferred between such appropriations, but no such appropriation, 
except ``Courts of Appeals, District Courts, and Other Judicial 
Services, Defender Services'' and ``Courts of Appeals, District Courts, 
and Other Judicial Services, Fees of Jurors and Commissioners'', shall 
be increased by more than 10 percent by any such transfers: Provided, 
That any transfer pursuant to this section shall be treated as a 
reprogramming of funds under sections 604 and 608 of this Act and shall 
not be available for obligation or expenditure except in compliance 
with the procedures set forth in section 608.
    Sec. 303.  Notwithstanding any other provision of law, the salaries 
and expenses appropriation for ``Courts of Appeals, District Courts, 
and Other Judicial Services'' shall be available for official reception 
and representation expenses of the Judicial Conference of the United 
States: Provided, That such available funds shall not exceed $11,000 
and shall be administered by the Director of the Administrative Office 
of the United States Courts in the capacity as Secretary of the 
Judicial Conference.
    Sec. 304.  Within 90 days after the date of the enactment of this 
Act, the Administrative Office of the U.S. Courts shall submit to the 
Committees on Appropriations a comprehensive financial plan for the 
Judiciary allocating all sources of available funds including 
appropriations, fee collections, and carryover balances, to include a 
separate and detailed plan for the Judiciary Information Technology 
Fund.
    Sec. 305.  Section 3314(a) of title 40, United States Code, shall 
be applied by substituting ``Federal'' for ``executive'' each place it 
appears.
    Sec. 306.  In accordance with 28 U.S.C. 561-569, and 
notwithstanding any other provision of law, the United States Marshals 
Service shall provide, for such courthouses as its Director may 
designate in consultation with the Director of the Administrative 
Office of the United States Courts, for purposes of a pilot program, 
the security services that 40 U.S.C. 1315 authorizes the Department of 
Homeland Security to provide, except for the services specified in 40 
U.S.C. 1315(b)(2)(E). For building-specific security services at these 
courthouses, the Director of the Administrative Office of the United 
States Courts shall reimburse the United States Marshals Service rather 
than the Department of Homeland Security.
    Sec. 307. (a). In General.--Section 604(a)(5) of title 28, United 
States Code, is amended by striking ``magistrate judges appointed under 
section 631 of this title,'' and inserting the following: ``, United 
States magistrate judges, bankruptcy judges appointed under chapter 6 
of this title, judges of the District Court of Guam, judges of the 
District Court for the Northern Mariana Islands, judges of the District 
Court of the Virgin Islands, bankruptcy judges and magistrate judges 
retired under section 377 of this title, and judges retired under 
section 373 of this title, who are''.
    (b) Construction.--For purposes of construing and applying chapter 
87 of title 5, United States Code, including any adjustment of 
insurance rates by regulation or otherwise, the following categories of 
judicial officers shall be deemed to be judges of the United States as 
described under section 8701 of title 5, United States Code:
        (1) United States magistrate judges.
        (2) Bankruptcy judges appointed under chapter 6 of title 28, 
    United States Code.
        (3) Judges of the District Court of Guam, judges of the 
    District Court for the Northern Mariana Islands, and judges of the 
    District Court of the Virgin Islands.
        (4) Bankruptcy judges and magistrate judges retired under 
    section 377 of title 28, United States Code.
        (5) Judges retired under section 373 of title 28, United States 
    Code.
    (c) Effective Date.--Subsection (b) and the amendment made by 
subsection (a) shall apply with respect to any payment made on or after 
the first day of the first applicable pay period beginning on or after 
the date of the enactment of Public Law 110-177.
    Sec. 308.  Subsection (c) of section 407 of the Transportation, 
Treasury, Housing and Urban Development, the Judiciary, the District of 
Columbia, and Independent Agencies Appropriations Act, 2006 (division 
A, title IV, of Public Law 109-115; 119 Stat. 2396, 2471) is repealed.
    Sec. 309.  Section 203(c) of the Judicial Improvements Act of 1990 
(Public Law 101-650; 28 U.S.C. 133 note), is amended--
        (1) in the second sentence, by inserting ``the district of 
    Hawaii,'' after ``Pennsylvania,'';
        (2) in the third sentence (relating to the District of Kansas), 
    by striking ``17 years'' and inserting ``18 years'';
        (3) in the sixth sentence (relating to the Northern District of 
    Ohio), by striking ``17 years'' and inserting ``18 years''.
        (4) by inserting ``The first vacancy in the office of the 
    district judge in the district of Hawaii occurring 15 years or more 
    after the confirmation date of the judge named to fill the 
    temporary judgeship created under this subsection shall not be 
    filled.'' after the sixth sentence.
    Sec. 310. Pursuant to section 140 of Public Law 97-92, and from 
funds appropriated in this Act, Justices and judges of the United 
States are authorized during fiscal year 2009, to receive a salary 
adjustment in accordance with 28 U.S.C. 461.
     This title may be cited as the ``Judiciary Appropriations Act, 
2009''.

                                TITLE IV

                          DISTRICT OF COLUMBIA

                             Federal Funds


               federal payment for resident tuition support

    For a Federal payment to the District of Columbia, to be deposited 
into a dedicated account, for a nationwide program to be administered 
by the Mayor, for District of Columbia resident tuition support, 
$35,100,000, to remain available until expended: Provided, That such 
funds, including any interest accrued thereon, may be used on behalf of 
eligible District of Columbia residents to pay an amount based upon the 
difference between in-State and out-of-State tuition at public 
institutions of higher education, or to pay up to $2,500 each year at 
eligible private institutions of higher education: Provided further, 
That the awarding of such funds may be prioritized on the basis of a 
resident's academic merit, the income and need of eligible students and 
such other factors as may be authorized: Provided further, That the 
District of Columbia government shall maintain a dedicated account for 
the Resident Tuition Support Program that shall consist of the Federal 
funds appropriated to the Program in this Act and any subsequent 
appropriations, any unobligated balances from prior fiscal years, and 
any interest earned in this or any fiscal year: Provided further, That 
the account shall be under the control of the District of Columbia 
Chief Financial Officer, who shall use those funds solely for the 
purposes of carrying out the Resident Tuition Support Program: Provided 
further, That the Office of the Chief Financial Officer shall provide a 
quarterly financial report to the Committees on Appropriations of the 
House of Representatives and the Senate for these funds showing, by 
object class, the expenditures made and the purpose therefor.


    Federal Payment for Emergency Planning and Security Costs in the 
                          District of Columbia

    For a Federal payment of necessary expenses, as determined by the 
Mayor of the District of Columbia in written consultation with the 
elected county or city officials of surrounding jurisdictions, 
$39,177,000, to remain available until expended and in addition any 
funds that remain available from prior year appropriations under this 
heading for the District of Columbia Government, of which $38,825,000 
is for the costs of providing public safety at events related to the 
presence of the national capital in the District of Columbia, for the 
costs of providing support requested by the Director of the United 
States Secret Service Division in carrying out protective duties under 
the direction of the Secretary of Homeland Security, and for the costs 
of providing support to respond to immediate and specific terrorist 
threats or attacks in the District of Columbia or surrounding 
jurisdictions; and of which $352,000 is for the District of Columbia 
National Guard retention and college access program.


            federal payment to the district of columbia courts

    For salaries and expenses for the District of Columbia Courts, 
$248,409,000 to be allocated as follows: for the District of Columbia 
Court of Appeals, $12,630,000, of which not to exceed $1,500 is for 
official reception and representation expenses; for the District of 
Columbia Superior Court, $104,277,000, of which not to exceed $1,500 is 
for official reception and representation expenses; for the District of 
Columbia Court System, $55,426,000, of which not to exceed $1,500 is 
for official reception and representation expenses; and $76,076,000, to 
remain available until September 30, 2010, for capital improvements for 
District of Columbia courthouse facilities, including structural 
improvements to the District of Columbia cell block at the Moultrie 
Courthouse: Provided, That funds made available for capital 
improvements shall be expended consistent with the General Services 
Administration (GSA) master plan study and building evaluation report: 
Provided further, That notwithstanding any other provision of law, all 
amounts under this heading shall be apportioned quarterly by the Office 
of Management and Budget and obligated and expended in the same manner 
as funds appropriated for salaries and expenses of other Federal 
agencies, with payroll and financial services to be provided on a 
contractual basis with the GSA, and such services shall include the 
preparation of monthly financial reports, copies of which shall be 
submitted directly by GSA to the President and to the Committees on 
Appropriations of the House of Representatives and the Senate, the 
Committee on Oversight and Government Reform of the House of 
Representatives, and the Committee on Homeland Security and 
Governmental Affairs of the Senate: Provided further, That 30 days 
after providing written notice to the Committees on Appropriations of 
the House of Representatives and the Senate, the District of Columbia 
Courts may reallocate not more than $1,000,000 of the funds provided 
under this heading among the items and entities funded under this 
heading for operations, and not more than 4 percent of the funds 
provided under this heading for facilities.


             defender services in district of columbia courts

    For payments authorized under section 11-2604 and section 11-2605, 
D.C. Official Code (relating to representation provided under the 
District of Columbia Criminal Justice Act), payments for counsel 
appointed in proceedings in the Family Court of the Superior Court of 
the District of Columbia under chapter 23 of title 16, D.C. Official 
Code, or pursuant to contractual agreements to provide guardian ad 
litem representation, training, technical assistance, and such other 
services as are necessary to improve the quality of guardian ad litem 
representation, payments for counsel appointed in adoption proceedings 
under chapter 3 of title 16, D.C. Code, and payments for counsel 
authorized under section 21-2060, D.C. Official Code (relating to 
representation provided under the District of Columbia Guardianship, 
Protective Proceedings, and Durable Power of Attorney Act of 1986), 
$52,475,000, to remain available until expended: Provided, That the 
funds provided in this Act under the heading ``Federal Payment to the 
District of Columbia Courts'' (other than the $76,076,000 provided 
under such heading for capital improvements for District of Columbia 
courthouse facilities) may also be used for payments under this 
heading: Provided further, That in addition to the funds provided under 
this heading, the Joint Committee on Judicial Administration in the 
District of Columbia may use funds provided in this Act under the 
heading ``Federal Payment to the District of Columbia Courts'' (other 
than the $76,076,000 provided under such heading for capital 
improvements for District of Columbia courthouse facilities), to make 
payments described under this heading for obligations incurred during 
any fiscal year: Provided further, That funds provided under this 
heading shall be administered by the Joint Committee on Judicial 
Administration in the District of Columbia: Provided further, That 
notwithstanding any other provision of law, this appropriation shall be 
apportioned quarterly by the Office of Management and Budget and 
obligated and expended in the same manner as funds appropriated for 
expenses of other Federal agencies, with payroll and financial services 
to be provided on a contractual basis with the General Services 
Administration (GSA), and such services shall include the preparation 
of monthly financial reports, copies of which shall be submitted 
directly by GSA to the President and to the Committees on 
Appropriations of the House of Representatives and the Senate, the 
Committee on Oversight and Government Reform of the House of 
Representatives, and the Committee on Homeland Security and 
Governmental Affairs of the Senate.


  Federal Payment to the Court Services and Offender Supervision Agency 
                      for the District of Columbia

    For salaries and expenses, including the transfer and hire of motor 
vehicles, of the Court Services and Offender Supervision Agency for the 
District of Columbia, as authorized by the National Capital 
Revitalization and Self-Government Improvement Act of 1997, 
$203,490,000, of which not to exceed $2,000 is for official reception 
and representation expenses related to Community Supervision and 
Pretrial Services Agency programs; of which not to exceed $25,000 is 
for dues and assessments relating to the implementation of the Court 
Services and Offender Supervision Agency Interstate Supervision Act of 
2002; of which not to exceed $400,000 for the Community Supervision 
Program and $160,000 for the Pretrial Services Program, both to remain 
available until September 30, 2010, are for information technology 
infrastructure enhancement acquisitions; of which $148,652,000 shall be 
for necessary expenses of Community Supervision and Sex Offender 
Registration, to include expenses relating to the supervision of adults 
subject to protection orders or the provision of services for or 
related to such persons; of which $54,838,000 shall be available to the 
Pretrial Services Agency: Provided, That notwithstanding any other 
provision of law, all amounts under this heading shall be apportioned 
quarterly by the Office of Management and Budget and obligated and 
expended in the same manner as funds appropriated for salaries and 
expenses of other Federal agencies: Provided further, That not less 
than $2,000,000 shall be available for re-entrant housing in the 
District of Columbia: Provided further, That the Director is authorized 
to accept and use gifts in the form of in-kind contributions of space 
and hospitality to support offender and defendant programs, and 
equipment and vocational training services to educate and train 
offenders and defendants: Provided further, That the Director shall 
keep accurate and detailed records of the acceptance and use of any 
gift or donation under the previous proviso, and shall make such 
records available for audit and public inspection: Provided further, 
That the Court Services and Offender Supervision Agency Director is 
authorized to accept and use reimbursement from the District of 
Columbia Government for space and services provided on a cost 
reimbursable basis.


   federal payment to the district of columbia public defender service

    For salaries and expenses, including the transfer and hire of motor 
vehicles, of the District of Columbia Public Defender Service, as 
authorized by the National Capital Revitalization and Self-Government 
Improvement Act of 1997, $35,659,000, of which $700,000 is to remain 
available until September 30, 2010: Provided, That notwithstanding any 
other provision of law, all amounts under this heading shall be 
apportioned quarterly by the Office of Management and Budget and 
obligated and expended in the same manner as funds appropriated for 
salaries and expenses of Federal agencies. Provided further, That for 
fiscal year 2009 and thereafter, the Public Defender Service is 
authorized to charge fees to cover costs of materials distributed and 
training provided to attendees of educational events, including 
conferences, sponsored by the Public Defender Service, and 
notwithstanding 31 U.S.C. 3302, such fees shall be credited to this 
account, to be available until expended without further appropriation.


  Federal Payment to the District of Columbia Water and Sewer Authority

    For a Federal payment to the District of Columbia Water and Sewer 
Authority, $16,000,000, to remain available until expended, to continue 
implementation of the Combined Sewer Overflow Long-Term Plan: Provided, 
That the District of Columbia Water and Sewer Authority provides a 100 
percent match for this payment.


       federal payment to the criminal justice coordinating council

    For a Federal payment to the Criminal Justice Coordinating Council, 
$1,774,000, to remain available until expended, to support initiatives 
related to the coordination of Federal and local criminal justice 
resources in the District of Columbia.


   federal payment to the office of the chief financial officer of the 
                          district of columbia

    For a Federal payment to the Office of the Chief Financial Officer 
of the District of Columbia, $4,887,622: Provided, That each entity 
that receives funding under this heading shall submit to the Office of 
the Chief Financial Officer of the District of Columbia (CFO) a 
detailed budget and comprehensive description of the activities to be 
carried out with such funds no later than 60 days after enactment of 
this Act, and the CFO shall submit a comprehensive report to the 
Committees on Appropriations of the House of Representatives and the 
Senate no later than June 1, 2009.


                  Federal Payment for School Improvement

    For a Federal payment for a school improvement program in the 
District of Columbia, $54,000,000, to be allocated as follows: for the 
District of Columbia Public Schools, $20,000,000 to improve public 
school education in the District of Columbia; for the State Education 
Office, $20,000,000 to expand quality public charter schools in the 
District of Columbia, to remain available until expended; for the 
Secretary of the Department of Education, $14,000,000 to provide 
opportunity scholarships for students in the District of Columbia in 
accordance with division C, title III of the District of Columbia 
Appropriations Act, 2004 (Public Law 108-199; 118 Stat. 126), of which 
up to $1,000,000 may be used to administer and fund assessments: 
Provided, That none of the funds provided in this Act or any other Act 
for opportunity scholarships may be used by an eligible student to 
enroll in a participating school under the D.C. School Choice Incentive 
Act of 2003 unless (1) the participating school has and maintains a 
valid certificate of occupancy issued by the District of Columbia; and 
(2) the core subject matter teachers of the eligible student hold 4-
year bachelor's degrees: Provided further, That use of any funds in 
this Act or any other Act for opportunity scholarships after school 
year 2009-2010 shall only be available upon enactment of 
reauthorization of that program by Congress and the adoption of 
legislation by the District of Columbia approving such reauthorization.

           federal payment to jump start public school reform

    For a Federal payment to jump start public school reform in the 
District of Columbia, $20,000,000, of which $3,500,000 is to support 
the recruitment, development and training of principals and other 
school leaders; $7,000,000 is to develop optimal school programs and 
intervene in low performing schools; $7,500,000 is for a customized 
data reporting and accountability system on student performance as well 
as increased outreach and training for parents and community members; 
and $2,000,000 is to support data reporting requirements associated 
with the District of Columbia Public Schools teacher incentive program: 
Provided, That up to $500,000 or 10 percent, whichever is less, of the 
amounts above may be transferred as necessary from one activity to 
another activity: Provided further, That the Committees on 
Appropriations of the House of Representatives and Senate are notified 
in writing 15 days in advance of the transfer: Provided further, That 
any amount provided under this heading shall be available only after 
such amount has been apportioned pursuant to chapter 15 of title 31, 
United States Code.


           federal payment for consolidated laboratory facility

    For a Federal payment to the District of Columbia, $21,000,000, to 
remain available until September 30, 2010, for costs associated with 
the construction of a consolidated bioterrorism and forensics 
laboratory: Provided, That the District of Columbia provides a 100 
percent match for this payment.


         federal payment for central library and branch locations

    For a Federal payment to the District of Columbia, $7,000,000, to 
remain available until expended, for the Federal contribution for costs 
associated with the renovation and rehabilitation of District 
libraries.


  Federal Payment to the Executive Office of the Mayor of the District 
                              of Columbia

    For a Federal payment to the Executive Office of the Mayor of the 
District of Columbia to enhance the quality of life for District 
residents, $3,387,500, of which $1,250,000 shall be available as 
matching funds to temporarily continue Federal benefits for low-income 
couples who decide to marry, and of which $2,137,500 shall be to 
continue Marriage Development Accounts in the District of Columbia: 
Provided, That no funds shall be expended until the Mayor of the 
District of Columbia submits a detailed expenditure plan, including 
performance measures, to the Committees on Appropriations of the House 
of Representatives and the Senate: Provided further, That the District 
submit a preliminary progress report on activities no later than June 
1, 2009, and a final report including a detailed description of 
outcomes achieved no later than February 1, 2010.

                       District of Columbia Funds

    The following amounts are appropriated for the District of Columbia 
for the current fiscal year out of the General Fund of the District of 
Columbia (``General Fund''), except as otherwise specifically provided: 
Provided, That notwithstanding any other provision of law, except as 
provided in section 450A of the District of Columbia Home Rule Act, 
approved November 2, 2000 (114 Stat. 2440; D.C. Official Code Sec. 1-
204.50a), and provisions of this Act, the total amount appropriated in 
this Act for operating expenses for the District of Columbia for fiscal 
year 2009 under this heading shall not exceed the lesser of the sum of 
the total revenues of the District of Columbia for such fiscal year or 
$9,888,095,000 (of which $6,082,474,000 shall be from local funds 
(including $420,119,000 from dedicated taxes), $2,177,382,000 shall be 
from Federal grant funds, $1,621,929,000 shall be from other funds, and 
$6,310,000 shall be from private funds); in addition, $202,326,130 from 
funds previously appropriated in this Act as Federal payments: Provided 
further, That of the local funds, such amounts as may be necessary may 
be derived from the District's General Fund balance: Provided further, 
That of these funds the District's intradistrict authority shall be 
$725,461,000: in addition, for capital construction projects, an 
increase of $1,482,977,000, of which $1,121,734,000 shall be from local 
funds, $107,794,000 from the Local Street Maintenance fund, $60,708,000 
from the District of Columbia Highway Trust Fund, $192,741,000 from 
Federal grant funds, and a rescission of $353,447,000 from local funds 
and a rescission of $37,500,000 from Local Street Maintenance funds 
appropriated under this heading in prior fiscal years for a net amount 
of $1,092,030,000 to remain available until expended: Provided further, 
That the amounts provided under this heading are to be available, 
allocated and expended as proposed under ``Title III--District of 
Columbia Funds Division of Expenses'' of the Fiscal Year 2009 Proposed 
Budget and Financial Plan submitted to the Congress by the District of 
Columbia on June 9, 2008 and such title is hereby incorporated by 
reference as though set forth fully herein: Provided further, That this 
amount may be increased by proceeds of one-time transactions which are 
expended for emergency or unanticipated operating or capital needs: 
Provided further, That such increases shall be approved by enactment of 
local District law and shall comply with all reserve requirements 
contained in the District of Columbia Home Rule Act approved December 
24, 1973 (87 Stat. 777; D.C. Official Code Sec. 1-201.01 et seq.), as 
amended by this Act: Provided further, That the Chief Financial Officer 
of the District of Columbia shall take such steps as are necessary to 
assure that the District of Columbia meets these requirements, 
including the apportioning by the Chief Financial Officer of the 
appropriations and funds made available to the District during fiscal 
year 2009, except that the Chief Financial Officer may not reprogram 
for operating expenses any funds derived from bonds, notes, or other 
obligations issued for capital projects.
     This title may be cited as the ``District of Columbia 
Appropriations Act, 2009''.

                                TITLE V

                          INDEPENDENT AGENCIES

             Administrative Conference of the United States


                          SALARIES AND EXPENSES

    For necessary expenses of the Administrative Conference of the 
United States, authorized by 5 U.S.C. 591 et seq., $1,500,000, of 
which, not to exceed $1,000 is for official reception and 
representation expenses.

               Christopher Columbus Fellowship Foundation


                          SALARIES AND EXPENSES

    For payment to the Christopher Columbus Fellowship Foundation, 
established by section 423 of Public Law 102-281, $1,000,000, to remain 
available until expended.

                  Commodity Futures Trading Commission


                          salaries and expenses

    For necessary expenses to carry out the provisions of the Commodity 
Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of 
passenger motor vehicles, and the rental of space (to include multiple 
year leases) in the District of Columbia and elsewhere, $146,000,000, 
including not to exceed $3,000 for official reception and 
representation expenses: Provided, That $34,734,000 of the total amount 
appropriated under this heading shall not be available for obligation 
until the Commodity Futures Trading Commission submits an expenditure 
plan for fiscal year 2009 to the Committees on Appropriations of the 
House of Representatives and the Senate.

                   Consumer Product Safety Commission


                          salaries and expenses

    For necessary expenses of the Consumer Product Safety Commission 
(CPSC), including hire of passenger motor vehicles, services as 
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed 
the per diem rate equivalent to the maximum rate payable under 5 U.S.C. 
5376, purchase of nominal awards to recognize non-Federal officials' 
contributions to Commission activities, and not to exceed $2,000 for 
official reception and representation expenses, $105,404,000, of which 
$6,000,000 shall remain available for obligation until September 30, 
2011 for costs associated with the relocation of CPSC's laboratory to a 
modern facility and the upgrade of laboratory equipment, and of which 
$2,000,000 shall remain available for obligation until September 30, 
2010 to implement the Virginia Graeme Baker Pool and Spa Safety Act 
grant program as provided by section 1405 of Public Law 110-140 (15 
U.S.C. 8004).

                     Election Assistance Commission


                          salaries and expenses

                      (including transfer of funds)

    For necessary expenses to carry out the Help America Vote Act of 
2002, $17,959,000, of which $4,000,000 shall be transferred to the 
National Institute of Standards and Technology for election reform 
activities authorized under the Help America Vote Act of 2002: 
Provided, That $750,000 shall be for the Help America Vote College 
Program as provided by the Help America Vote Act of 2002 (Public Law 
107-252): Provided further, That $300,000 shall be for a competitive 
grant program to support community involvement in student and parent 
mock elections.


                         election reform programs

    For necessary expenses relating to election reform programs, 
$106,000,000, to remain available until expended, of which $100,000,000 
shall be for requirements payments under part 1 of subtitle D of title 
II of the Help America Vote Act of 2002 (Public Law 107-252), 
$5,000,000 shall be for grants to carry out research on voting 
technology improvements as authorized under part 3 of subtitle D of 
title II of such Act, and $1,000,000, shall be to conduct a pilot 
program for grants to States and units of local government for pre-
election logic and accuracy testing and post-election voting systems 
verification.

                   Federal Communications Commission


                          salaries and expenses

                      (including transfer of funds)

    For necessary expenses of the Federal Communications Commission, as 
authorized by law, including uniforms and allowances therefor, as 
authorized by 5 U.S.C. 5901-5902; not to exceed $4,000 for official 
reception and representation expenses; purchase and hire of motor 
vehicles; special counsel fees; and services as authorized by 5 U.S.C. 
3109, $341,875,000: Provided, That of the funds provided, not less than 
$3,000,000 shall be available to establish and administer a State 
Broadband Data and Development matching grants program for State-level 
broadband demand aggregation activities and creation of geographic 
inventory maps of broadband service to identify gaps in service and 
provide a baseline assessment of statewide broadband deployment: 
Provided further, That $341,875,000 of offsetting collections shall be 
assessed and collected pursuant to section 9 of title I of the 
Communications Act of 1934, shall be retained and used for necessary 
expenses in this appropriation, and shall remain available until 
expended: Provided further, That the sum herein appropriated shall be 
reduced as such offsetting collections are received during fiscal year 
2009 so as to result in a final fiscal year 2009 appropriation 
estimated at $0: Provided further, That any offsetting collections 
received in excess of $341,875,000 in fiscal year 2009 shall not be 
available for obligation: Provided further, That remaining offsetting 
collections from prior years collected in excess of the amount 
specified for collection in each such year and otherwise becoming 
available on October 1, 2008, shall not be available for obligation: 
Provided further, That notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds 
from the use of a competitive bidding system that may be retained and 
made available for obligation shall not exceed $85,000,000 for fiscal 
year 2009: Provided further, That, in addition, not to exceed 
$25,480,000 may be transferred from the Universal Service Fund in 
fiscal year 2009 to remain available until expended, to monitor the 
Universal Service Fund program to prevent and remedy waste, fraud and 
abuse, and to conduct audits and investigations by the Office of 
Inspector General.


       Administrative Provisions--Federal Communications Commission

    Sec. 501. Section 302 of the Universal Service Antideficiency 
Temporary Suspension Act is amended by striking ``December 31, 2008'', 
each place it appears and inserting ``December 31, 2009''.
    Sec. 502. None of the funds appropriated by this Act may be used by 
the Federal Communications Commission to modify, amend, or change its 
rules or regulations for universal service support payments to 
implement the February 27, 2004 recommendations of the Federal-State 
Joint Board on Universal Service regarding single connection or primary 
line restrictions on universal service support payments.

                 Federal Deposit Insurance Corporation


                       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, 
$27,495,000, to be derived from the Deposit Insurance Fund or, only 
when appropriate, the FSLIC Resolution Fund.

                      Federal Election Commission


                          salaries and expenses

    For necessary expenses to carry out the provisions of the Federal 
Election Campaign Act of 1971, $63,618,000, of which not to exceed 
$5,000 shall be available for reception and representation expenses.

                   Federal Labor Relations Authority

                         salaries and expenses

    For necessary expenses to carry out functions of the Federal Labor 
Relations Authority, pursuant to Reorganization Plan Numbered 2 of 
1978, and the Civil Service Reform Act of 1978, including services 
authorized by 5 U.S.C. 3109, and including hire of experts and 
consultants, hire of passenger motor vehicles, and rental of conference 
rooms in the District of Columbia and elsewhere, $22,674,000: Provided, 
That public members of the Federal Service Impasses Panel may be paid 
travel expenses and per diem in lieu of subsistence as authorized by 
law (5 U.S.C. 5703) for persons employed intermittently in the 
Government service, and compensation as authorized by 5 U.S.C. 3109: 
Provided further, That notwithstanding 31 U.S.C. 3302, funds received 
from fees charged to non-Federal participants at labor-management 
relations conferences shall be credited to and merged with this 
account, to be available without further appropriation for the costs of 
carrying out these conferences.

                        Federal Trade Commission

                         salaries and expenses

    For necessary expenses of the Federal Trade Commission, including 
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
services as authorized by 5 U.S.C. 3109; hire of passenger motor 
vehicles; and not to exceed $2,000 for official reception and 
representation expenses, $259,200,000, to remain available until 
expended: Provided, That not to exceed $300,000 shall be available for 
use to contract with a person or persons for collection services in 
accordance with the terms of 31 U.S.C. 3718: Provided further, That, 
notwithstanding any other provision of law, not to exceed $168,000,000 
of offsetting collections derived from fees collected for premerger 
notification filings under the Hart-Scott-Rodino Antitrust Improvements 
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection, 
shall be retained and used for necessary expenses in this 
appropriation: Provided further, That, notwithstanding any other 
provision of law, not to exceed $21,000,000 in offsetting collections 
derived from fees sufficient to implement and enforce the Telemarketing 
Sales Rule, promulgated under the Telemarketing and Consumer Fraud and 
Abuse Prevention Act (15 U.S.C. 6101 et seq.), shall be credited to 
this account, and be retained and used for necessary expenses in this 
appropriation: Provided further, That the sum herein appropriated from 
the general fund shall be reduced as such offsetting collections are 
received during fiscal year 2009, so as to result in a final fiscal 
year 2009 appropriation from the general fund estimated at not more 
than $70,200,000: Provided further, That none of the funds made 
available to the Federal Trade Commission may be used to implement 
subsection (e)(2)(B) of section 43 of the Federal Deposit Insurance Act 
(12 U.S.C. 1831t).

                    General Services Administration

                        real property activities

                         federal buildings fund

                 limitations on availability of revenue

    For an additional amount to be deposited in the Federal Buildings 
Fund, $651,198,000. To carry out the purposes of the Fund established 
pursuant to section 592 of title 40, United States Code, the revenues 
and collections deposited into the Fund shall be available for 
necessary expenses of real property management and related activities 
not otherwise provided for, including operation, maintenance, and 
protection of federally owned and leased buildings; rental of buildings 
in the District of Columbia; restoration of leased premises; moving 
governmental agencies (including space adjustments and 
telecommunications relocation expenses) in connection with the 
assignment, allocation and transfer of space; contractual services 
incident to cleaning or servicing buildings, and moving; repair and 
alteration of federally owned buildings including grounds, approaches 
and appurtenances; care and safeguarding of sites; maintenance, 
preservation, demolition, and equipment; acquisition of buildings and 
sites by purchase, condemnation, or as otherwise authorized by law; 
acquisition of options to purchase buildings and sites; conversion and 
extension of federally owned buildings; preliminary planning and design 
of projects by contract or otherwise; construction of new buildings 
(including equipment for such buildings); and payment of principal, 
interest, and any other obligations for public buildings acquired by 
installment purchase and purchase contract; in the aggregate amount of 
$8,427,771,000, of which: (1) $746,317,000 shall remain available until 
expended for construction (including funds for sites and expenses and 
associated design and construction services) of additional projects at 
the following locations:
        New Construction:
            Alabama:
                Tuscaloosa Federal Building, $25,000,000.
            California:
                San Diego, United States Courthouse Annex, 
            $110,362,000.
                San Ysidro, Land Port of Entry, $58,910,000.
            Colorado:
                Lakewood, Denver Federal Center Remediation, 
            $10,472,000.
            District of Columbia:
                DHS Consolidation and development of St. Elizabeths 
            Campus, $331,390,000.
                Federal Office Building 8, $15,000,000.
                St. Elizabeths West Campus Infrastructure, $8,249,000.
                St. Elizabeths West Campus Site Acquisition, 
            $7,000,000.
            Maryland:
                Montgomery County, Food and Drug Administration 
            Consolidation, $163,530,000.
            North Dakota:
                Portal, Land Port of Entry, $15,204,000:
Provided, That each of the foregoing limits of costs on new 
construction projects may be exceeded to the extent that savings are 
affected in other such projects, but not to exceed 10 percent of the 
amounts included in an approved prospectus, if required, 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, 2010 and remain in the Federal 
Buildings Fund except for funds for projects as to which funds for 
design or other funds have been obligated in whole or in part prior to 
such date: Provided further, That for fiscal year 2010 and thereafter, 
the annual budget submission of the General Services Administration 
shall include a detailed 5-year plan for Federal building construction 
projects with a yearly update of total projected future funding needs: 
Provided further, That for fiscal year 2010 and thereafter, the annual 
budget submission of the General Services Administration shall, in 
consultation with U.S. Customs and Border Protection, include a 
detailed 5-year plan for Federal land port-of-entry projects with a 
yearly update of total projected future funding needs; (2) $692,374,000 
shall remain available until expended for repairs and alterations, 
which includes associated design and construction services:
        Repairs and Alterations:
            District of Columbia:
                Eisenhower Executive Office Building, CBR, $14,700,000.
                Eisenhower Executive Office Building, Phase III, 
            $51,075,000.
                West Wing Infrastructure Systems Replacement, 
            $76,487,000.
            Illinois:
                Chicago, Dirksen Courthouse, $152,825,000.
            North Carolina:
                New Bern, United States Post Office and Courthouse, 
            $10,640,000.
            Special Emphasis Programs:
                Energy and Water Retrofit and Conservation Measures, 
            $36,647,000.
            Basic Repairs and Alterations, $350,000,000:
Provided further, That funds made available in this or any previous Act 
in the Federal Buildings Fund for Repairs and Alterations shall, for 
prospectus projects, be limited to the amount identified for each 
project, except each project in this or any previous Act may be 
increased by an amount not to exceed 10 percent unless advance approval 
is obtained from the Committees on Appropriations of a greater amount: 
Provided further, That additional projects for which prospectuses have 
been fully approved may be funded under this category only if advance 
approval is obtained from the Committees on Appropriations: Provided 
further, That the amounts provided in this or any prior Act for 
``Repairs and Alterations'' may be used to fund costs associated with 
implementing security improvements to buildings necessary to meet the 
minimum standards for security in accordance with current law and in 
compliance with the reprogramming guidelines of the appropriate 
Committees of the House and Senate: Provided further, That the 
difference between the funds appropriated and expended on any projects 
in this or any prior Act, under the heading ``Repairs and 
Alterations'', may be transferred to Basic Repairs and Alterations or 
used to fund authorized increases in prospectus projects: Provided 
further, That all funds for repairs and alterations prospectus projects 
shall expire on September 30, 2010 and remain in the Federal Buildings 
Fund except funds for projects as to which funds for design or other 
funds have been obligated in whole or in part prior to such date: 
Provided further, That the amount provided in this or any prior Act for 
Basic Repairs and Alterations may be used to pay claims against the 
Government arising from any projects under the heading ``Repairs and 
Alterations'' or used to fund authorized increases in prospectus 
projects; (3) $149,570,000 for installment acquisition payments 
including payments on purchase contracts which shall remain available 
until expended; (4) $4,642,156,000 for rental of space which shall 
remain available until expended; and (5) $2,197,354,000 for building 
operations which shall remain available until expended: Provided 
further, That funds available to the General Services Administration 
shall not be available for expenses of any construction, repair, 
alteration and acquisition project for which a prospectus, if required 
by the Public Buildings Act of 1959, has not been approved, except that 
necessary funds may be expended for each project for required expenses 
for the development of a proposed prospectus: Provided further, That 
funds available in the Federal Buildings Fund may be expended for 
emergency repairs when advance approval is obtained from the Committees 
on Appropriations: Provided further, That amounts necessary to provide 
reimbursable special services to other agencies under section 210(f)(6) 
of the Federal Property and Administrative Services Act of 1949 (40 
U.S.C. 592(b)(2)) and amounts to provide such reimbursable fencing, 
lighting, guard booths, and other facilities on private or other 
property not in Government ownership or control as may be appropriate 
to enable the United States Secret Service to perform its protective 
functions pursuant to 18 U.S.C. 3056, shall be available from such 
revenues and collections: Provided further, That revenues and 
collections and any other sums accruing to this Fund during fiscal year 
2009, excluding reimbursements under section 210(f)(6) of the Federal 
Property and Administrative Services Act of 1949 (40 U.S.C. 592(b)(2)) 
in excess of the aggregate new obligational authority authorized for 
Real Property Activities of the Federal Buildings Fund in this Act 
shall remain in the Fund and shall not be available for expenditure 
except as authorized in appropriations Acts.


                            GENERAL ACTIVITIES

                          Government-wide Policy

    For expenses authorized by law, not otherwise provided for, for 
Government-wide policy and evaluation activities associated with the 
management of real and personal property assets and certain 
administrative services; Government-wide policy support 
responsibilities relating to acquisition, telecommunications, 
information technology management, and related technology activities; 
and services as authorized by 5 U.S.C. 3109; $54,578,000.

                           operating expenses

    For expenses authorized by law, not otherwise provided for, for 
Government-wide activities associated with utilization and donation of 
surplus personal property; disposal of real property; agency-wide 
policy direction, management, and communications; Civilian Board of 
Contract Appeals; services as authorized by 5 U.S.C. 3109; and not to 
exceed $7,500 for official reception and representation expenses; 
$70,645,000.


                       Office of Inspector General

    For necessary expenses of the Office of Inspector General and 
service authorized by 5 U.S.C. 3109, $54,000,000: Provided, That not to 
exceed $15,000 shall be available for payment for information and 
detection of fraud against the Government, including payment for 
recovery of stolen Government property: Provided further, That not to 
exceed $2,500 shall be available for awards to employees of other 
Federal agencies and private citizens in recognition of efforts and 
initiatives resulting in enhanced Office of Inspector General 
effectiveness.

           allowances and office staff for former presidents


                      (including transfer of funds)

    For carrying out the provisions of the Act of August 25, 1958 (3 
U.S.C. 102 note), and Public Law 95-138, $2,934,000: Provided, That the 
Administrator of General Services shall transfer to the Secretary of 
the Treasury such sums as may be necessary to carry out the provisions 
of such Acts.

                    presidential transition expenses

    For expenses necessary to carry out the Presidential Transition Act 
of 1963, $8,520,000, of which not to exceed $1,000,000 is for 
activities authorized by subsections 3(a)(8) and (9) of the Act.

                     federal citizen services fund

    For necessary expenses of the Office of Citizen Services, including 
services authorized by 5 U.S.C. 3109, $36,096,000, to be deposited into 
the Federal Citizen Services Fund: Provided, That the appropriations, 
revenues, and collections deposited into the Fund shall be available 
for necessary expenses of Federal Citizen Services activities in the 
aggregate amount not to exceed $50,000,000. Appropriations, revenues, 
and collections accruing to this Fund during fiscal year 2009 in excess 
of such amount shall remain in the Fund and shall not be available for 
expenditure except as authorized in appropriations Acts.

       administrative provisions--general services administration

                     (including transfers of funds)

    Sec. 510.  Funds available to the General Services Administration 
shall be available for the hire of passenger motor vehicles.
    Sec. 511.  Funds in the Federal Buildings Fund made available for 
fiscal year 2009 for Federal Buildings Fund activities may be 
transferred between such activities only to the extent necessary to 
meet program requirements: Provided, That any proposed transfers shall 
be approved in advance by the Committees on Appropriations.
    Sec. 512. Except as otherwise provided in this title, funds made 
available by this Act shall be used to transmit a fiscal year 2010 
request for United States Courthouse construction only if the request: 
(1) meets the design guide standards for construction as established 
and approved by the General Services Administration, the Judicial 
Conference of the United States, and the Office of Management and 
Budget; (2) reflects the priorities of the Judicial Conference of the 
United States as set out in its approved 5-year construction plan; and 
(3) includes a standardized courtroom utilization study of each 
facility to be constructed, replaced, or expanded.
    Sec. 513.  None of the funds provided in this Act may be used to 
increase the amount of occupiable square feet, provide cleaning 
services, security enhancements, or any other service usually provided 
through the Federal Buildings Fund, to any agency that does not pay the 
rate per square foot assessment for space and services as determined by 
the General Services Administration in compliance with the Public 
Buildings Amendments Act of 1972 (Public Law 92-313).
    Sec. 514.  From funds made available under the heading ``Federal 
Buildings Fund, Limitations on Availability of Revenue'', claims 
against the Government of less than $250,000 arising from direct 
construction projects and acquisition of buildings may be liquidated 
from savings effected in other construction projects with prior 
notification to the Committees on Appropriations.
    Sec. 515.  In any case in which the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Environment and Public Works of the Senate adopt a resolution granting 
lease authority pursuant to a prospectus transmitted to Congress by the 
Administrator of General Services under section 3307 of title 40, 
United States Code, the Administrator shall ensure that the delineated 
area of procurement is identical to the delineated area included in the 
prospectus for all lease agreements, except that, if the Administrator 
determines that the delineated area of the procurement should not be 
identical to the delineated area included in the prospectus, the 
Administrator shall provide an explanatory statement to each of such 
committees and the House and Senate Committees on Appropriations prior 
to exercising any lease authority provided in the resolution.
    Sec. 516.  Subsections (a) and (b)(1) of section 323 of title 40, 
United States Code, are each amended by striking ``Consumer Information 
Center'' and inserting ``Federal Citizen Services''; and subsection (a) 
is further amended by striking ``consumer''.
    Sec. 517. In furtherance of the emergency management policy set 
forth in the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act, the Administrator of the General Services 
Administration may provide for the use of the Federal supply schedules 
of the General Services Administration by relief and disaster 
assistance organizations as described in section 309 of that Act. 
Purchases under this authority shall be limited to use in preparation 
for, response to, and recovery from hazards as defined in section 602 
of that Act.
    Sec. 518. Working Capital Fund.  (a) Purpose and Operation of 
Working Capital Fund.--Subsections (a), (b) and (c) of section 3173 of 
title 40, United States Code, are amended to read as follows:
    ``(a) Establishment and Purpose.--There is a working capital fund 
for the necessary expenses of administrative support services including 
accounting, budget, personnel, legal support and other related 
services; and the maintenance and operation of printing and 
reproduction facilities in support of the functions of the General 
Services Administration, other Federal agencies, and other entities; 
and other such administrative and management services that the 
Administrator of GSA deems appropriate and advantageous (subject to 
prior notice to the Office of Management and Budget).
    ``(b) Composition.--
        ``(1) In general.--Amounts received shall be credited to and 
    merged with the Fund, to remain available until expended, for 
    operating costs and capital outlays of the Fund: Provided, That 
    entities for which such services are performed shall be charged at 
    rates which will return in full all costs of providing such 
    services.
        ``(2) Cost and capital requirements.--The Administrator shall 
    determine the cost and capital requirements of the Fund for each 
    fiscal year and shall develop a plan concerning such requirements 
    in consultation with the Chief Financial Officer of the General 
    Services Administration. Any change to the cost and capital 
    requirements of the Fund for a fiscal year shall be approved by the 
    Administrator. The Administrator shall establish rates to be 
    charged to entities for which services are performed, in accordance 
    with the plan.
    ``(c) Deposit of Excess Amounts in the Treasury.--At the close of 
each fiscal year, after making provision for anticipated operating 
needs reflected in the cost and capital plan developed under subsection 
(b), the uncommitted balance of any funds remaining in the Fund shall 
be transferred to the general fund of the Treasury as miscellaneous 
receipts.''.
    (b) Transfer and Use of Amounts for Major Equipment Acquisitions.--
Section 3173 of title 40, United States Code, is amended to add 
subsection (d), as follows:
    ``(d) Transfer and Use of Amounts for Major Equipment 
Acquisitions.--
        ``(1) In general.--Subject to subparagraph (2), unobligated 
    balances of amounts appropriated or otherwise made available to the 
    General Services Administration for operating expenses and salaries 
    and expenses may be transferred and merged into the `Major 
    equipment acquisitions and development activity' of the working 
    capital fund of the General Services Administration for agency-wide 
    acquisition of capital equipment, automated data processing systems 
    and financial management and management information systems: 
    Provided, That acquisitions are limited to those needed to 
    implement the Chief Financial Officers Act of 1990 (Public Law 101-
    576, 104 Stat. 2838) and related laws or regulations.
        ``(2) Requirements and Availability.--
            ``(A) Time for transfer.--Transfer of an amount under this 
        section must be done no later than the end of the fifth fiscal 
        year after the fiscal year for which the amount is appropriated 
        or otherwise made available.
            ``(B) Approval for use.--An amount transferred under this 
        section may be used only with the advance approval of the 
        Committees on Appropriations of the House of Representatives 
        and the Senate.
            ``(C) Availability.--An amount transferred under this 
        section remains available until expended.''
    (c) Conforming and Clerical Amendments.--
        (1) Section 312 of such title is repealed.
        (2) The heading for section 3173 of such title is amended to 
    read as follows:

``Sec. 3173. Working capital fund for General Services 
            Administration''.

                 Harry S Truman Scholarship Foundation


                          SALARIES AND EXPENSES

    For payment to the Harry S Truman Scholarship Foundation Trust 
Fund, established by section 10 of Public Law 93-642, $500,000, to 
remain available until expended: Provided, That hereafter, all requests 
of the Board of Trustees to the Secretary of the Treasury provided for 
in this section shall be binding on the Secretary, including requests 
for the issuance at par of special obligations exclusively to the fund 
as provided for in section 10(b), which the Secretary shall implement 
without regard to the determination related to the public interest 
required by the last sentence of that section.

                     Merit Systems Protection Board

                         salaries and expenses

                     (including transfer of funds)

    For necessary expenses to carry out functions of the Merit Systems 
Protection Board pursuant to Reorganization Plan Numbered 2 of 1978, 
the Civil Service Reform Act of 1978, and the Whistleblower Protection 
Act of 1989 (5 U.S.C. 5509 note), including services as authorized by 5 
U.S.C. 3109, rental of conference rooms in the District of Columbia and 
elsewhere, hire of passenger motor vehicles, direct procurement of 
survey printing, and not to exceed $2,000 for official reception and 
representation expenses, $38,811,000 together with not to exceed 
$2,579,000 for administrative expenses to adjudicate retirement appeals 
to be transferred from the Civil Service Retirement and Disability Fund 
in amounts determined by the Merit Systems Protection Board.

 Morris K. Udall Scholarship and Excellence in National Environmental 
                           Policy Foundation

 morris k. udall scholarship and excellence in national environmental 
                           policy trust fund

                     (including transfer of funds)

    For payment to the Morris K. Udall Scholarship and Excellence in 
National Environmental Policy Trust Fund, pursuant to the Morris K. 
Udall Scholarship and Excellence in National Environmental and Native 
American Public Policy Act of 1992 (20 U.S.C. 5601 et seq.), 
$3,750,000, to remain available until expended, of which up to $50,000 
shall be used to conduct financial audits pursuant to the 
Accountability of Tax Dollars Act of 2002 (Public Law 107-289) 
notwithstanding sections 8 and 9 of Public Law 102-259: Provided, That 
up to 60 percent of such funds may be transferred by the Morris K. 
Udall Scholarship and Excellence in National Environmental Policy 
Foundation for the necessary expenses of the Native Nations Institute.

                 environmental dispute resolution fund

    For payment to the Environmental Dispute Resolution Fund to carry 
out activities authorized in the Environmental Policy and Conflict 
Resolution Act of 1998, $2,100,000, to remain available until expended.

              National Archives and Records Administration

                           operating expenses

    For necessary expenses in connection with the administration of the 
National Archives and Records Administration (including the Information 
Security Oversight Office) and archived Federal records and related 
activities, as provided by law, and for expenses necessary for the 
review and declassification of documents and the activities of the 
Public Interest Declassification Board, and for the hire of passenger 
motor vehicles, and for uniforms or allowances therefor, as authorized 
by law (5 U.S.C. 5901 et seq.), including maintenance, repairs, and 
cleaning, $330,308,000, of which $650,000 shall remain available until 
September 30, 2010.

                      electronic records archives

    For necessary expenses in connection with the development of the 
electronic records archives, to include all direct project costs 
associated with research, analysis, design, development, and program 
management, $67,008,000, of which $45,795,000 shall remain available 
until September 30, 2011: Provided, That none of the multi-year funds 
may be obligated until the National Archives and Records Administration 
submits to the Committees on Appropriations, 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, including Circular A-11; (2) complies with the 
National Archives and Records Administration's enterprise architecture; 
(3) conforms with the National Archives and Records Administration's 
enterprise life cycle methodology; (4) is approved by the National 
Archives and Records Administration and the Office of Management and 
Budget; (5) has been reviewed by the Government Accountability Office; 
and (6) complies with the acquisition rules, requirements, guidelines, 
and systems acquisition management practices of the Federal Government.


                         Repairs and Restoration

    For the repair, alteration, and improvement of archives facilities, 
and to provide adequate storage for holdings, $50,711,000, to remain 
available until expended: Provided, That the Archivist is authorized to 
construct an addition to the John F. Kennedy Presidential Library and 
Museum; and of the funds provided, $22,000,000 shall be available for 
construction costs and related services for building the addition to 
the John F. Kennedy Presidential Library and Museum and other necessary 
expenses, including renovating the Library as needed in constructing 
the addition; $17,500,000 is for necessary expenses related to the 
repair and renovation of the Franklin D. Roosevelt Presidential Library 
and Museum in Hyde Park, New York; and $2,000,000 is for the repair and 
restoration of the plaza that surrounds the Lyndon Baines Johnson 
Presidential Library and Museum that is under the joint control and 
custody of the University of Texas: Provided further, That such funds 
shall remain available until expended for this purpose and may be 
transferred directly to the University and used, together with 
University funds, for the repair and restoration of the plaza: Provided 
further, That such funds shall be spent in accordance with the 
construction plan submitted to the Committees on Appropriations on 
March 14, 2005: Provided further, That the Archivist shall be 
prohibited from entering into any agreement with the University or any 
other party that requires additional funding commitments on behalf of 
the Federal Government for this project: Provided further, That 
hereafter, no further Federal funding shall be provided for this plaza 
project.


         national historical publications and records commission

                              grants program

                      (including transfer of funds)

    For necessary expenses for allocations and grants for historical 
publications and records as authorized by 44 U.S.C. 2504, $11,250,000, 
to remain available until expended: Provided, That of the funds 
provided in this paragraph, $2,000,000 shall be transferred to the 
operating expenses account of the National Archives and Records 
Administration for operating expenses of the National Historical 
Publications and Records Commission.


         Administrative Provision--National Archives and Records 
                             Administration

    Hereafter, the National Archives and Records Administration shall 
include in its annual budget submission a comprehensive capital needs 
assessment for funding provided under the ``Repairs and Restoration'' 
appropriations account to be updated yearly: Provided, That funds 
proposed under the ``Repairs and Restoration'' appropriations account 
for each fiscal year shall be allocated to projects on a priority basis 
established under a comprehensive capital needs assessment.

                  National Credit Union Administration


                        Central Liquidity Facility

    During fiscal year 2009, gross obligations of the Central Liquidity 
Facility for the principal amount of new direct loans to member credit 
unions, as authorized by 12 U.S.C. 1795 et seq., 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)): Provided, That administrative expenses of the 
Central Liquidity Facility in fiscal year 2009 shall not exceed 
$1,250,000.


                community development revolving loan fund

    For the Community Development Revolving Loan Fund program as 
authorized by 42 U.S.C. 9812, 9822 and 9910, $1,000,000 shall be 
available until September 30, 2010 for technical assistance to low-
income designated credit unions.

                      Office of Government Ethics


                          salaries and expenses

    For necessary expenses to carry out functions of the Office of 
Government Ethics pursuant to the Ethics in Government Act of 1978, and 
the Ethics Reform Act of 1989, including services as authorized by 5 
U.S.C. 3109, rental of conference rooms in the District of Columbia and 
elsewhere, hire of passenger motor vehicles, and not to exceed $1,500 
for official reception and representation expenses, $13,000,000.

                     Office of Personnel Management


                          Salaries and Expenses

                   (including transfer of trust funds)

    For necessary expenses to carry out functions of the Office of 
Personnel Management pursuant to Reorganization Plan Numbered 2 of 1978 
and the Civil Service Reform Act of 1978, including services as 
authorized by 5 U.S.C. 3109; medical examinations performed for 
veterans by private physicians on a fee basis; rental of conference 
rooms in the District of Columbia and elsewhere; hire of passenger 
motor vehicles; not to exceed $2,500 for official reception and 
representation expenses; advances for reimbursements to applicable 
funds of the Office of Personnel Management and the Federal Bureau of 
Investigation for expenses incurred under Executive Order No. 10422 of 
January 9, 1953, as amended; and payment of per diem and/or subsistence 
allowances to employees where Voting Rights Act activities require an 
employee to remain overnight at his or her post of duty, $92,829,000, 
of which $5,851,000 shall remain available until expended for the 
Enterprise Human Resources Integration project; $1,351,000 shall remain 
available until expended for the Human Resources Line of Business 
project; and in addition $118,082,000 for administrative expenses, to 
be transferred from the appropriate trust funds of the Office of 
Personnel Management without regard to other statutes, including direct 
procurement of printed materials, for the retirement and insurance 
programs, of which $15,200,000 shall remain available until expended 
for the cost of automating the retirement recordkeeping systems: 
Provided, That the provisions of this appropriation shall not affect 
the authority to use applicable trust funds as provided by sections 
8348(a)(1)(B), and 9004(f)(2)(A) of title 5, United States Code: 
Provided further, That no part of this appropriation shall be available 
for salaries and expenses of the Legal Examining Unit of the Office of 
Personnel Management established pursuant to Executive Order No. 9358 
of July 1, 1943, or any successor unit of like purpose: Provided 
further, That the President's Commission on White House Fellows, 
established by Executive Order No. 11183 of October 3, 1964, may, 
during fiscal year 2009, accept donations of money, property, and 
personal services: Provided further, That such donations, including 
those from prior years, may be used for the development of publicity 
materials to provide information about the White House Fellows, except 
that no such donations shall be accepted for travel or reimbursement of 
travel expenses, or for the salaries of employees of such Commission: 
Provided further, That within the funds provided, the Office of 
Personnel Management shall carry out the Intergovernmental Personnel 
Act Mobility Program, with special attention to Federal agencies 
employing more than 2,000 nurses: Provided further, That funding may be 
allocated to develop guidelines that provide Federal agencies direction 
in using their authority under the Intergovernmental Personnel Act 
Mobility Program, according to the directives outlined in the 
accompanying report.


                       Office of Inspector General

                          salaries and expenses

                   (including transfer of trust funds)

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
including services as authorized by 5 U.S.C. 3109, hire of passenger 
motor vehicles, $1,828,000, and in addition, not to exceed $18,755,000 
for administrative expenses to audit, investigate, and provide other 
oversight of the Office of Personnel Management's retirement and 
insurance programs, to be transferred from the appropriate trust funds 
of the Office of Personnel Management, as determined by the Inspector 
General: Provided, That the Inspector General is authorized to rent 
conference rooms in the District of Columbia and elsewhere.


       Government Payment for Annuitants, Employees Health Benefits

    For payment of Government contributions with respect to retired 
employees, as authorized by chapter 89 of title 5, United States Code, 
and the Retired Federal Employees Health Benefits Act (74 Stat. 849), 
such sums as may be necessary.


        Government Payment for Annuitants, Employee Life Insurance

    For payment of Government contributions with respect to employees 
retiring after December 31, 1989, as required by chapter 87 of title 5, 
United States Code, such sums as may be necessary.


         Payment to Civil Service Retirement and Disability Fund

    For financing the unfunded liability of new and increased annuity 
benefits becoming effective on or after October 20, 1969, as authorized 
by 5 U.S.C. 8348, and annuities under special Acts to be credited to 
the Civil Service Retirement and Disability Fund, such sums as may be 
necessary: Provided, That annuities authorized by the Act of May 29, 
1944, and the Act of August 19, 1950 (33 U.S.C. 771-775), may hereafter 
be paid out of the Civil Service Retirement and Disability Fund.

                       Office of Special Counsel


                          salaries and expenses

    For necessary expenses to carry out functions of the Office of 
Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the 
Civil Service Reform Act of 1978 (Public Law 95-454), the Whistleblower 
Protection Act of 1989 (Public Law 101-12), Public Law 107-304, and the 
Uniformed Services Employment and Reemployment Rights Act of 1994 
(Public Law 103-353), including services as authorized by 5 U.S.C. 
3109, payment of fees and expenses for witnesses, rental of conference 
rooms in the District of Columbia and elsewhere, and hire of passenger 
motor vehicles; $17,468,000.

                      Postal Regulatory Commission


                          salaries and expenses

                      (including transfer of funds)

    For necessary expenses of the Postal Regulatory Commission in 
carrying out the provisions of the Postal Accountability and 
Enhancement Act (Public Law 109-435), $14,043,000, to be derived by 
transfer from the Postal Service Fund and expended as authorized by 
section 603(a) of such Act.

              Privacy and Civil Liberties Oversight Board


                          salaries and expenses

    For necessary expenses of the Privacy and Civil Liberties Oversight 
Board, as authorized by section 1061 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (5 U.S.C. 601 note), $1,500,000, to 
remain available until September 30, 2010.

                   Securities and Exchange Commission


                          Salaries and Expenses

    For necessary expenses for the Securities and Exchange Commission, 
including services as authorized by 5 U.S.C. 3109, the rental of space 
(to include multiple year leases) in the District of Columbia and 
elsewhere, and not to exceed $3,500 for official reception and 
representation expenses, $943,000,000, to remain available until 
expended; of which not to exceed $20,000 may be used toward funding a 
permanent secretariat for the International Organization of Securities 
Commissions; and of which not to exceed $130,000 shall be available for 
expenses for consultations and meetings hosted by the Commission with 
foreign governmental and other regulatory officials, members of their 
delegations, appropriate representatives and staff to exchange views 
concerning developments relating to securities matters, development and 
implementation of cooperation agreements concerning securities matters 
and provision of technical assistance for the development of foreign 
securities markets, such expenses to include necessary logistic and 
administrative expenses and the expenses of Commission staff and 
foreign invitees in attendance at such consultations and meetings 
including: (1) such incidental expenses as meals taken in the course of 
such attendance; (2) any travel and transportation to or from such 
meetings; and (3) any other related lodging or subsistence: Provided, 
That fees and charges authorized by sections 6(b) of the Securities 
Exchange Act of 1933 (15 U.S.C. 77f(b)), and 13(e), 14(g) and 31 of the 
Securities Exchange Act of 1934 (15 U.S.C. 78m(e), 78n(g), and 78ee), 
shall be credited to this account as offsetting collections: Provided 
further, That not to exceed $894,356,000 of such offsetting collections 
shall be available until expended for necessary expenses of this 
account: Provided further, That $48,644,000 shall be derived from prior 
year unobligated balances from funds previously appropriated to the 
Securities and Exchange Commission: Provided further, That the total 
amount appropriated under this heading from the general fund for fiscal 
year 2009 shall be reduced as such offsetting fees are received so as 
to result in a final total fiscal year 2009 appropriation from the 
general fund estimated at not more than $0.

                        Selective Service System


                          salaries and expenses

    For necessary expenses of the Selective Service System, including 
expenses of attendance at meetings and of training for uniformed 
personnel assigned to the Selective Service System, as authorized by 5 
U.S.C. 4101-4118 for civilian employees; purchase of uniforms, or 
allowances therefor, as authorized by 5 U.S.C. 5901-5902; hire of 
passenger motor vehicles; services as authorized by 5 U.S.C. 3109; and 
not to exceed $750 for official reception and representation expenses; 
$22,000,000: Provided, That during the current fiscal year, the 
President may exempt this appropriation from the provisions of 31 
U.S.C. 1341, whenever the President deems such action to be necessary 
in the interest of national defense: Provided further, That none of the 
funds appropriated by this Act may be expended for or in connection 
with the induction of any person into the Armed Forces of the United 
States.

                     Small Business Administration


                          salaries and expenses

    For necessary expenses, not otherwise provided for, of the Small 
Business Administration as authorized by Public Law 108-447, including 
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 
1344, and not to exceed $3,500 for official reception and 
representation expenses, $386,896,000: Provided, That the Administrator 
is authorized to charge fees to cover the cost of publications 
developed by the Small Business Administration, and certain loan 
program activities, including fees authorized by section 5(b) of the 
Small Business Act: Provided further, That, notwithstanding 31 U.S.C. 
3302, revenues received from all such activities shall be credited to 
this account, to remain available until expended, for carrying out 
these purposes without further appropriations: Provided further, That 
$110,000,000 shall be available to fund grants for performance in 
fiscal year 2009 or fiscal year 2010 as authorized, of which $1,000,000 
shall be for the Veterans Assistance and Services Program authorized by 
section 21(n) of the Small Business Act, as added by section 107 of 
Public Law 110-186, and of which $1,000,000 shall be for the Small 
Business Energy Efficiency Program authorized by section 1203(c) of 
Public Law 110-140: Provided further, That $7,654,400 shall be 
available for the Loan Modernization and Accounting System, to be 
available until September 30, 2010.


                       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, 
$16,750,000.


                  surety bond guarantees revolving fund

    For additional capital for the Surety Bond Guarantees Revolving 
Fund, authorized by the Small Business Investment Act of 1958, 
$2,000,000, to remain available until expended.


                      Business Loans Program Account

                      (including transfers of funds)

    For the cost of direct loans, $2,500,000, 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: Provided further, That subject to section 502 of 
the Congressional Budget Act of 1974, during fiscal year 2009 
commitments to guarantee loans under section 503 of the Small Business 
Investment Act of 1958 shall not exceed $7,500,000,000: Provided 
further, That during fiscal year 2009 commitments for general business 
loans authorized under section 7(a) of the Small Business Act shall not 
exceed $17,500,000,000:   Provided further, That during fiscal year 
2009 commitments to guarantee loans for debentures under section 303(b) 
of the Small Business Investment Act of 1958, shall not exceed 
$3,000,000,000: Provided further, That during fiscal year 2009, 
guarantees of trust certificates authorized by section 5(g) of the 
Small Business Act shall not exceed a principal amount of 
$12,000,000,000. In addition, for administrative expenses to carry out 
the direct and guaranteed loan programs, $138,480,000, which may be 
transferred to and merged with the appropriations for Salaries and 
Expenses.


         administrative provisions--small business administration

                      (including transfer of funds)

    Sec. 520.  Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Small Business 
Administration in this Act may be transferred between such 
appropriations, but no such appropriation shall be increased by more 
than 10 percent by any such transfers: Provided, That any transfer 
pursuant to this paragraph shall be treated as a reprogramming of funds 
under section 608 of this Act and shall not be available for obligation 
or expenditure except in compliance with the procedures set forth in 
that section.
    Sec. 521. All disaster loans issued in Alaska or North Dakota shall 
be administered by the Small Business Administration and shall not be 
sold during fiscal year 2009.
    Sec. 522. None of the funds made available under this Act may be 
used by the Small Business Administration to implement the rule 
relating to women-owned small business Federal contract assistance 
procedures published in the Federal Register on October 1, 2008 (73 
Fed. Reg. 56940 et seq.).
    Sec. 523. Of the amount made available under the heading ``State 
and Tribal Assistance Grants'' under title II of division F of the 
Consolidated Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 
2125) for the Mingo County Redevelopment Authority, $2,953,000 is 
transferred to the ``Salaries and Expenses'' account of the Small 
Business Administration. The amount transferred under this section 
shall be for the Mingo County Redevelopment Authority and shall be 
available for use under the terms and conditions otherwise applicable 
to amounts appropriated for the ``Salaries and Expenses'' account of 
the Small Business Administration and shall remain available until 
expended.
    Sec. 524. Funds made available under section 534 of Public Law 110-
161 (121 Stat. 2125) for the Alabama Small Business Institute of 
Commerce, Small Business Incubator, Rainbow City, Alabama shall be made 
available to Alabama Small Business Institute of Commerce, Rainbow 
City, Alabama.
    Sec. 525.  For an additional amount under the heading ``Small 
Business Administration, Salaries and Expenses'', $65,653,678, to 
remain available until September 30, 2010, shall be for initiatives 
related to small business development and entrepreneurship, including 
programmatic and construction activities, and in the amounts specified 
in the table that appears under the heading ``Administrative 
Provisions-Small Business Administration'' in the explanatory statement 
described in section 4 (in the matter preceding division A of this 
consolidated Act).

                      United States Postal Service


                    payment to the postal service fund

    For payment to the Postal Service Fund for revenue forgone on free 
and reduced rate mail, pursuant to subsections (c) and (d) of section 
2401 of title 39, United States Code, $111,831,000, of which 
$82,831,000 shall not be available for obligation until October 1, 
2009: Provided, That mail for overseas voting and mail for the blind 
shall continue to be free: Provided further, That 6-day delivery and 
rural delivery of mail shall continue at not less than the 1983 level: 
Provided further, That none of the funds made available to the Postal 
Service by this Act shall be used to implement any rule, regulation, or 
policy of charging any officer or employee of any State or local child 
support enforcement agency, or any individual participating in a State 
or local program of child support enforcement, a fee for information 
requested or provided concerning an address of a postal customer: 
Provided further, That none of the funds provided in this Act shall be 
used to consolidate or close small rural and other small post offices 
in fiscal year 2009.


                       OFFICE OF INSPECTOR GENERAL

                          SALARIES AND EXPENSES

                      (INCLUDING TRANSFER OF FUNDS)

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$239,356,000, to be derived by transfer from the Postal Service Fund 
and expended as authorized by section 603(b)(3) of the Postal 
Accountability and Enhancement Act (Public Law 109-435).

                        United States Tax Court


                          salaries and expenses

    For necessary expenses, including contract reporting and other 
services as authorized by 5 U.S.C. 3109, $48,463,000: Provided, That 
travel expenses of the judges shall be paid upon the written 
certificate of the judge.

                                TITLE VI

                      GENERAL PROVISIONS--THIS ACT

    Sec. 601.  None of the funds in this Act shall be used for the 
planning or execution of any program to pay the expenses of, or 
otherwise compensate, non-Federal parties intervening in regulatory or 
adjudicatory proceedings funded in this Act.
    Sec. 602.  None of the funds appropriated in this Act shall remain 
available for obligation beyond the current fiscal year, nor may any be 
transferred to other appropriations, unless expressly so provided 
herein.
    Sec. 603.  The expenditure of any appropriation under this Act for 
any consulting service through procurement contract pursuant to section 
3109 of title 5, United States Code, shall be limited to those 
contracts where such expenditures are a matter of public record and 
available for public inspection, except where otherwise provided under 
existing law, or under existing Executive order issued pursuant to 
existing law.
    Sec. 604.  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 Act or any other appropriations Act.
    Sec. 605.  None of the funds made available by this Act shall be 
available for any activity or for paying the salary of any Government 
employee where funding an activity or paying a salary to a Government 
employee would result in a decision, determination, rule, regulation, 
or policy that would prohibit the enforcement of section 307 of the 
Tariff Act of 1930 (19 U.S.C. 1307).
    Sec. 606.  No funds appropriated pursuant to this Act may be 
expended by an entity unless the entity agrees that in expending the 
assistance the entity will comply with the Buy American Act (41 U.S.C. 
10a-10c).
    Sec. 607.  No funds appropriated or otherwise made available under 
this Act shall be made available to any person or entity that has been 
convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
    Sec. 608.  Except as otherwise provided in this Act, none of the 
funds provided in this Act, provided by previous appropriations Acts to 
the agencies or entities funded in this Act that remain available for 
obligation or expenditure in fiscal year 2009, or provided from any 
accounts in the Treasury derived by the collection of fees and 
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; (2) eliminates a program, project, or activity; 
(3) increases funds or personnel 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 the 
House or Senate Committees on Appropriations for a different purpose; 
(5) augments existing programs, projects, or activities in excess of 
$5,000,000 or 10 percent, whichever is less; (6) reduces existing 
programs, projects, or activities by $5,000,000 or 10 percent, 
whichever is less; or (7) creates or reorganizes offices, programs, or 
activities unless prior approval is received from the Committees on 
Appropriations of the House of Representatives and the Senate: 
Provided, That prior to any significant reorganization or restructuring 
of offices, programs, or activities, each agency or entity funded in 
this Act shall consult with the Committees on Appropriations of the 
House of Representatives and the Senate: Provided further, That not 
later than 60 days after the date of enactment of this Act, each agency 
funded by this Act shall submit a report to the Committees on 
Appropriations of the House of Representatives and the Senate to 
establish the baseline for application of reprogramming and transfer 
authorities for the current fiscal year: Provided further, 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 object class and program, 
project, and activity as detailed in the budget appendix for the 
respective appropriation; and (3) an identification of items of special 
congressional interest: Provided further, That the amount appropriated 
or limited for salaries and expenses for an agency shall be reduced by 
$100,000 per day for each day after the required date that the report 
has not been submitted to the Congress.
    Sec. 609.  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 made available for salaries 
and expenses for fiscal year 2009 in this Act, shall remain available 
through September 30, 2010, for each such account for the purposes 
authorized: Provided, That a request shall be submitted to the 
Committees on Appropriations of the House of Representatives and the 
Senate for approval prior to the expenditure of such funds: Provided 
further, That these requests shall be made in compliance with 
reprogramming guidelines.
    Sec. 610.  None of the funds made available in this Act may be used 
by the Executive Office of the President to request from the Federal 
Bureau of Investigation any official background investigation report on 
any individual, except when--
        (1) such individual has given his or her express written 
    consent for such request not more than 6 months prior to the date 
    of such request and during the same presidential administration; or
        (2) such request is required due to extraordinary circumstances 
    involving national security.
    Sec. 611.  The cost accounting standards promulgated under section 
26 of the Office of Federal Procurement Policy Act (Public Law 93-400; 
41 U.S.C. 422) shall not apply with respect to a contract under the 
Federal Employees Health Benefits Program established under chapter 89 
of title 5, United States Code.
    Sec. 612.  For the purpose of resolving litigation and implementing 
any settlement agreements regarding the nonforeign area cost-of-living 
allowance program, the Office of Personnel Management may accept and 
utilize (without regard to any restriction on unanticipated travel 
expenses imposed in an Appropriations Act) funds made available to the 
Office of Personnel Management pursuant to court approval.
    Sec. 613.  No funds appropriated by this Act shall be available to 
pay for an abortion, or the administrative expenses in connection with 
any health plan under the Federal employees health benefits program 
which provides any benefits or coverage for abortions.
    Sec. 614.  The provision of section 613 shall not apply where the 
life of the mother would be endangered if the fetus were carried to 
term, or the pregnancy is the result of an act of rape or incest.
    Sec. 615.  In order to promote Government access to commercial 
information technology, the restriction on purchasing nondomestic 
articles, materials, and supplies set forth in the Buy American Act (41 
U.S.C. 10a et seq.), shall not apply to the acquisition by the Federal 
Government of information technology (as defined in section 11101 of 
title 40, United States Code), that is a commercial item (as defined in 
section 4(12) of the Office of Federal Procurement Policy Act (41 
U.S.C. 403(12)).
    Sec. 616. Section 5112 of title 31, United States Code (as amended 
by Public Law 110-161), is amended--
        (1) by redesignating the second subsection (r) as subsection 
    (s), and
        (2) by striking ``paragraph (4)'' each place it appears in 
    subsection (s)(5) (as redesignated by paragraph (1)) and inserting 
    ``paragraph (3)''.
    Sec. 617.  Notwithstanding section 1353 of title 31, United States 
Code, no officer or employee of any regulatory agency or commission 
funded by this Act may accept on behalf of that agency, nor may such 
agency or commission accept, payment or reimbursement from a non-
Federal entity for travel, subsistence, or related expenses for the 
purpose of enabling an officer or employee to attend and participate in 
any meeting or similar function relating to the official duties of the 
officer or employee when the entity offering payment or reimbursement 
is a person or entity subject to regulation by such agency or 
commission, or represents a person or entity subject to regulation by 
such agency or commission, unless the person or entity is an 
organization described in section 501(c)(3) of the Internal Revenue 
Code of 1986 and exempt from tax under section 501(a) of such Code.
    Sec. 618. Life Insurance For Tax Court Judges Age 65 or Over. (a) 
In General.--Section 7472 of title 26, United States Code, is amended 
by inserting after the word ``imposed'' where it appears in the second 
sentence the following phrase ``after April 24, 1999, that is 
incurred''.
    (b) Effective Date.--This amendment shall take effect as if 
included in the amendment made by section 852 of the Pension Protection 
Act of 2006.
    Sec. 619.  The Public Company Accounting Oversight Board shall have 
authority to obligate funds for the scholarship program established by 
section 109(c)(2) of the Sarbanes-Oxley Act of 2002 (Public Law 107-
204) in an aggregate amount not exceeding the amount of funds collected 
by the Board as of December 31, 2008, including accrued interest, as a 
result of the assessment of monetary penalties. Funds available for 
obligation in fiscal year 2009 shall remain available until expended.
    Sec. 620. Section 910(a) of the Trade Sanctions Reform and Export 
Enhancement Act of 2000 (22 U.S.C. 7209(a)) is amended to read as 
follows:
    ``(a) Authorization of Travel Relating to Commercial Sales of 
Agricultural and Medical Goods.--The Secretary of the Treasury shall 
promulgate regulations under which the travel-related transactions 
listed in paragraph (c) of section 515.560 of title 31, Code of Federal 
Regulations, are authorized by general license for travel to, from, or 
within Cuba for the marketing and sale of agricultural and medical 
goods pursuant to the provisions of this title.''.
    Sec. 621. None of the funds made available in this Act may be used 
to administer, implement, or enforce the amendments made to section 
515.560 and section 515.561 of title 31, Code of Federal Regulations, 
related to travel to visit relatives in Cuba, that were published in 
the Federal Register on June 16, 2004.
    Sec. 622. None of the funds made available in this Act may be used 
to administer, implement, or enforce the amendment made to section 
515.533 of title 31, Code of Federal Regulations, that was published in 
the Federal Register on February 25, 2005.
    Sec. 623. Christopher Columbus Fellowship Authorization. The 
Christopher Columbus Fellowship Act (20 U.S.C. 5701 et seq.) is 
amended--
        (1) in section 426(a) (20 U.S.C. 5705(a))--
            (A) in paragraph (3), by striking ``and'' at the end;
            (B) by redesignating paragraph (4) as paragraph (5); and
            (C) by inserting after paragraph (3) the following:
        ``(4) amounts appropriated to the Foundation, as authorized 
    under section 430; and''; and
        (2) by adding at the end the following new section:

``SEC. 430. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the Foundation, such 
sums as may be necessary to carry out this subtitle.''.
    Sec. 624.  Notwithstanding any other provision of law, for fiscal 
year 2009 and each fiscal year thereafter, neither the Board of 
Governors of the Federal Reserve System nor the Secretary of the 
Treasury may determine, by rule, regulation, order, or otherwise, for 
purposes of section 4(k) of the Bank Holding Company Act of 1956, or 
section 5136A of the Revised Statutes of the United States, that real 
estate brokerage activity or real estate management activity is an 
activity that is financial in nature, is incidental to any financial 
activity, or is complementary to a financial activity. For purposes of 
this section, ``real estate brokerage activity'' shall mean ``real 
estate brokerage'', and ``real estate management activity'' shall mean 
``property management'', as those terms were understood by the Board of 
Governors of the Federal Reserve System prior to March 11, 2000.
    Sec. 625. (a) Section 102(a)(3)(B) of the Help America Vote Act of 
2002 (42 U.S.C. 15302(a)(3)(B)) is amended by striking ``March 1, 
2008'' and inserting ``November 1, 2010''.
    (b) The amendment made by subsection (a) shall take effect as if 
included in the enactment of the Help America Vote Act of 2002.
    Sec. 626. (a) Within 90 days after the date of enactment of this 
Act, the Federal Trade Commission shall initiate a rulemaking 
proceeding with respect to mortgage loans in accordance with section 
553 of title 5, United States Code. Any violation of a rule prescribed 
under this subsection shall be treated as a violation of a rule under 
section 18 of the Federal Trade Commission Act (15 U.S.C. 57a) 
regarding unfair or deceptive acts or practices.
    (b)(1) Except as provided in paragraph (6), a State, as parens 
patriae, may bring a civil action on behalf of its residents in an 
appropriate State or district court of the United States to enforce the 
provisions of section 128 of the Truth in Lending Act (15 U.S.C. 1638), 
any other provision of the Truth in Lending Act, or any mortgage loan 
rule promulgated by the Federal Trade Commission to obtain penalties 
and relief provided under such Act or rule whenever the attorney 
general of the State has reason to believe that the interests of the 
residents of the State have been or are being threatened or adversely 
affected by a violation of such Act or rule.
    (2) The State shall serve written notice to the Commission of any 
civil action under paragraph (1) at least 60 days prior to initiating 
such civil action. The notice shall include a copy of the complaint to 
be filed to initiate such civil action, except that if it is not 
feasible for the State to provide such prior notice, the State shall 
provide notice immediately upon instituting such civil action.
    (3) Upon receiving the notice required by paragraph (2), the 
Commission may intervene in such civil action and upon intervening--
        (A) be heard on all matters arising in such civil action;
        (B) remove the action to the appropriate United States district 
    court; and
        (C) file petitions for appeal of a decision in such civil 
    action.
    (4) Nothing in this subsection shall prevent the attorney general 
of a State from exercising the powers conferred on the attorney general 
by the laws of such State to conduct investigations or to administer 
oaths or affirmations or to compel the attendance of witnesses or the 
production of documentary and other evidence. Nothing in this section 
shall prohibit the attorney general of a State, or other authorized 
State officer, from proceeding in State or Federal court on the basis 
of an alleged violation of any civil or criminal statute of that State.
    (5) In a civil action brought under paragraph (1)--
        (A) the venue shall be a judicial district in which the 
    defendant is found, is an inhabitant, or transacts business or 
    wherever venue is proper under section 1391 of title 28, United 
    States Code; and
        (B) process may be served without regard to the territorial 
    limits of the district or of the State in which the civil action is 
    instituted.
    (6) Whenever a civil action or an administrative action has been 
instituted by or on behalf of the Commission for violation of any 
provision of law or rule described in paragraph (1), no State may, 
during the pendency of such action instituted by or on behalf of the 
Commission, institute a civil action under that paragraph against any 
defendant named in the complaint in such action for violation of any 
law or rule as alleged in such complaint.
    (7) If the attorney general of a State prevails in any civil action 
under paragraph (1), the State can recover reasonable costs and 
attorney fees from the lender or related party.
    (c) Section 129 of the Truth in Lending Act (15 U.S.C. 1639) is 
amended by adding at the end the following:
    ``(m) Civil Penalties in Federal Trade Commission Enforcement 
Actions.--For purposes of enforcement by the Federal Trade Commission, 
any violation of a regulation issued by the Federal Reserve Board 
pursuant to subsection (l)(2) of this section shall be treated as a 
violation of a rule promulgated under section 18 of the Federal Trade 
Commission Act (15 U.S.C. 57a) regarding unfair or deceptive acts or 
practices.''.

                               TITLE VII

                  GENERAL PROVISIONS--GOVERNMENT-WIDE

                Departments, Agencies, and Corporations

    Sec. 701.  No department, agency, or instrumentality of the United 
States receiving appropriated funds under this or any other Act for 
fiscal year 2009 shall obligate or expend any such funds, unless such 
department, agency, or instrumentality has in place, and will continue 
to administer in good faith, a written policy designed to ensure that 
all of its workplaces are free from the illegal use, possession, or 
distribution of controlled substances (as defined in the Controlled 
Substances Act (21 U.S.C. 802)) by the officers and employees of such 
department, agency, or instrumentality.
    Sec. 702.  Unless otherwise specifically provided, the maximum 
amount allowable during the current fiscal year in accordance with 
section 16 of the Act of August 2, 1946 (60 Stat. 810), for the 
purchase of any passenger motor vehicle (exclusive of buses, 
ambulances, law enforcement, and undercover surveillance vehicles), is 
hereby fixed at $13,197 except station wagons for which the maximum 
shall be $13,631: Provided, That these limits may be exceeded by not to 
exceed $3,700 for police-type vehicles, and by not to exceed $4,000 for 
special heavy-duty vehicles: Provided further, That the limits set 
forth in this section may not be exceeded by more than 5 percent for 
electric or hybrid vehicles purchased for demonstration under the 
provisions of the Electric and Hybrid Vehicle Research, Development, 
and Demonstration Act of 1976: Provided further, That the limits set 
forth in this section may be exceeded by the incremental cost of clean 
alternative fuels vehicles acquired pursuant to Public Law 101-549 over 
the cost of comparable conventionally fueled vehicles.
    Sec. 703.  Appropriations of the executive departments and 
independent establishments for the current fiscal year available for 
expenses of travel, or for the expenses of the activity concerned, are 
hereby made available for quarters allowances and cost-of-living 
allowances, in accordance with 5 U.S.C. 5922-5924.
    Sec. 704.  Unless otherwise specified during the current fiscal 
year, no part of any appropriation contained in this or any other Act 
shall be used to pay the compensation of any officer or employee of the 
Government of the United States (including any agency the majority of 
the stock of which is owned by the Government of the United States) 
whose post of duty is in the continental United States unless such 
person: (1) is a citizen of the United States; (2) is a person in the 
service of the United States on the date of the enactment of this Act 
who, being eligible for citizenship, has filed a declaration of 
intention to become a citizen of the United States prior to such date 
and is actually residing in the United States; (3) is a person who owes 
allegiance to the United States; (4) is an alien from Cuba, Poland, 
South Vietnam, the countries of the former Soviet Union, or the Baltic 
countries lawfully admitted to the United States for permanent 
residence; (5) is a South Vietnamese, Cambodian, or Laotian refugee 
paroled in the United States after January 1, 1975; or (6) is a 
national of the People's Republic of China who qualifies for adjustment 
of status pursuant to the Chinese Student Protection Act of 1992 
(Public Law 102-404): Provided, That for the purpose of this section, 
an affidavit signed by any such person shall be considered prima facie 
evidence that the requirements of this section with respect to his or 
her status have been complied with: Provided further, That any person 
making a false affidavit shall be guilty of a felony, and, upon 
conviction, shall be fined no more than $4,000 or imprisoned for not 
more than 1 year, or both: Provided further, That the above penal 
clause shall be in addition to, and not in substitution for, any other 
provisions of existing law: Provided further, That any payment made to 
any officer or employee contrary to the provisions of this section 
shall be recoverable in action by the Federal Government. This section 
shall not apply to citizens of Ireland, Israel, or the Republic of the 
Philippines, or to nationals of those countries allied with the United 
States in a current defense effort, or to international broadcasters 
employed by the Broadcasting Board of Governors, or to temporary 
employment of translators, or to temporary employment in the field 
service (not to exceed 60 days) as a result of emergencies: Provided 
further, That this section does not apply to the employment as Wildland 
firefighters for not more than 120 days of nonresident aliens employed 
by the Department of the Interior or the USDA Forest Service pursuant 
to an agreement with another country.
    Sec. 705.  Appropriations available to any department or agency 
during the current fiscal year for necessary expenses, including 
maintenance or operating expenses, shall also be available for payment 
to the General Services Administration for charges for space and 
services and those expenses of renovation and alteration of buildings 
and facilities which constitute public improvements performed in 
accordance with the Public Buildings Act of 1959 (73 Stat. 479), the 
Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable 
law.
    Sec. 706.  In addition to funds provided in this or any other Act, 
all Federal agencies are authorized to receive and use funds resulting 
from the sale of materials, including Federal records disposed of 
pursuant to a records schedule recovered through recycling or waste 
prevention programs. Such funds shall be available until expended for 
the following purposes:
        (1) Acquisition, waste reduction and prevention, and recycling 
    programs as described in Executive Order No. 13423 (January 24, 
    2007), including any such programs adopted prior to the effective 
    date of the Executive order.
        (2) Other Federal agency environmental management programs, 
    including, but not limited to, the development and implementation 
    of hazardous waste management and pollution prevention programs.
        (3) Other employee programs as authorized by law or as deemed 
    appropriate by the head of the Federal agency.
    Sec. 707.  Funds made available by this or any other Act for 
administrative expenses in the current fiscal year of the corporations 
and agencies subject to chapter 91 of title 31, United States Code, 
shall be available, in addition to objects for which such funds are 
otherwise available, for rent in the District of Columbia; services in 
accordance with 5 U.S.C. 3109; and the objects specified under this 
head, all the provisions of which shall be applicable to the 
expenditure of such funds unless otherwise specified in the Act by 
which they are made available: Provided, That in the event any 
functions budgeted as administrative expenses are subsequently 
transferred to or paid from other funds, the limitations on 
administrative expenses shall be correspondingly reduced.
    Sec. 708.  No part of any appropriation contained in this or any 
other Act shall be available for interagency financing of boards 
(except Federal Executive Boards), commissions, councils, committees, 
or similar groups (whether or not they are interagency entities) which 
do not have a prior and specific statutory approval to receive 
financial support from more than one agency or instrumentality.
    Sec. 709.  None of the funds made available pursuant to the 
provisions of this Act shall be used to implement, administer, or 
enforce any regulation which has been disapproved pursuant to a joint 
resolution duly adopted in accordance with the applicable law of the 
United States.
    Sec. 710. (a) Notwithstanding any other provision of law, and 
except as otherwise provided in this section, no part of any of the 
funds appropriated for fiscal year 2009, by this or any other Act, may 
be used to pay any prevailing rate employee described in section 
5342(a)(2)(A) of title 5, United States Code--
        (1) during the period from the date of expiration of the 
    limitation imposed by the comparable section for previous fiscal 
    years until the normal effective date of the applicable wage survey 
    adjustment that is to take effect in fiscal year 2009, in an amount 
    that exceeds the rate payable for the applicable grade and step of 
    the applicable wage schedule in accordance with such section; and
        (2) during the period consisting of the remainder of fiscal 
    year 2009, in an amount that exceeds, as a result of a wage survey 
    adjustment, the rate payable under paragraph (1) by more than the 
    sum of--
            (A) the percentage adjustment taking effect in fiscal year 
        2009 under section 5303 of title 5, United States Code, in the 
        rates of pay under the General Schedule; and
            (B) the difference between the overall average percentage 
        of the locality-based comparability payments taking effect in 
        fiscal year 2009 under section 5304 of such title (whether by 
        adjustment or otherwise), and the overall average percentage of 
        such payments which was effective in the previous fiscal year 
        under such section.
    (b) Notwithstanding any other provision of law, no prevailing rate 
employee described in subparagraph (B) or (C) of section 5342(a)(2) of 
title 5, United States Code, and no employee covered by section 5348 of 
such title, may be paid during the periods for which subsection (a) is 
in effect at a rate that exceeds the rates that would be payable under 
subsection (a) were subsection (a) applicable to such employee.
    (c) For the purposes of this section, the rates payable to an 
employee who is covered by this section and who is paid from a schedule 
not in existence on September 30, 2008, shall be determined under 
regulations prescribed by the Office of Personnel Management.
    (d) Notwithstanding any other provision of law, rates of premium 
pay for employees subject to this section may not be changed from the 
rates in effect on September 30, 2008, except to the extent determined 
by the Office of Personnel Management to be consistent with the purpose 
of this section.
    (e) This section shall apply with respect to pay for service 
performed after September 30, 2008.
    (f) For the purpose of administering any provision of law 
(including any rule or regulation that provides premium pay, 
retirement, life insurance, or any other employee benefit) that 
requires any deduction or contribution, or that imposes any requirement 
or limitation on the basis of a rate of salary or basic pay, the rate 
of salary or basic pay payable after the application of this section 
shall be treated as the rate of salary or basic pay.
    (g) Nothing in this section shall be considered to permit or 
require the payment to any employee covered by this section at a rate 
in excess of the rate that would be payable were this section not in 
effect.
    (h) The Office of Personnel Management may provide for exceptions 
to the limitations imposed by this section if the Office determines 
that such exceptions are necessary to ensure the recruitment or 
retention of qualified employees.
    Sec. 711.  During the period in which the head of any department or 
agency, or any other officer or civilian employee of the Federal 
Government appointed by the President of the United States, holds 
office, no funds may be obligated or expended in excess of $5,000 to 
furnish or redecorate the office of such department head, agency head, 
officer, or employee, or to purchase furniture or make improvements for 
any such office, unless advance notice of such furnishing or 
redecoration is transmitted to the Committees on Appropriations of the 
House of Representatives and the Senate. For the purposes of this 
section, the term ``office'' shall include the entire suite of offices 
assigned to the individual, as well as any other space used primarily 
by the individual or the use of which is directly controlled by the 
individual.
    Sec. 712.  Notwithstanding section 1346 of title 31, United States 
Code, or section 708 of this Act, funds made available for the current 
fiscal year by this or any other Act shall be available for the 
interagency funding of national security and emergency preparedness 
telecommunications initiatives which benefit multiple Federal 
departments, agencies, or entities, as provided by Executive Order No. 
12472 (April 3, 1984).
    Sec. 713. (a) None of the funds appropriated by this or any other 
Act may be obligated or expended by any Federal department, agency, or 
other instrumentality for the salaries or expenses of any employee 
appointed to a position of a confidential or policy-determining 
character excepted from the competitive service pursuant to section 
3302 of title 5, United States Code, without a certification to the 
Office of Personnel Management from the head of the Federal department, 
agency, or other instrumentality employing the Schedule C appointee 
that the Schedule C position was not created solely or primarily in 
order to detail the employee to the White House.
    (b) The provisions of this section shall not apply to Federal 
employees or members of the armed forces detailed to or from--
        (1) the Central Intelligence Agency;
        (2) the National Security Agency;
        (3) the Defense Intelligence Agency;
        (4) the National Geospatial-Intelligence Agency;
        (5) the offices within the Department of Defense for the 
    collection of specialized national foreign intelligence through 
    reconnaissance programs;
        (6) the Bureau of Intelligence and Research of the Department 
    of State;
        (7) any agency, office, or unit of the Army, Navy, Air Force, 
    and Marine Corps, the Department of Homeland Security, the Federal 
    Bureau of Investigation and the Drug Enforcement Administration of 
    the Department of Justice, the Department of Transportation, the 
    Department of the Treasury, and the Department of Energy performing 
    intelligence functions; and
        (8) the Director of National Intelligence or the Office of the 
    Director of National Intelligence.
    Sec. 714.  No part of any appropriation contained in this or any 
other Act shall be available for the payment of the salary of any 
officer or employee of the Federal Government, who--
        (1) prohibits or prevents, or attempts or threatens to prohibit 
    or prevent, any other officer or employee of the Federal Government 
    from having any direct oral or written communication or contact 
    with any Member, committee, or subcommittee of the Congress in 
    connection with any matter pertaining to the employment of such 
    other officer or employee or pertaining to the department or agency 
    of such other officer or employee in any way, irrespective of 
    whether such communication or contact is at the initiative of such 
    other officer or employee or in response to the request or inquiry 
    of such Member, committee, or subcommittee; or
        (2) removes, suspends from duty without pay, demotes, reduces 
    in rank, seniority, status, pay, or performance or efficiency 
    rating, denies promotion to, relocates, reassigns, transfers, 
    disciplines, or discriminates in regard to any employment right, 
    entitlement, or benefit, or any term or condition of employment of, 
    any other officer or employee of the Federal Government, or 
    attempts or threatens to commit any of the foregoing actions with 
    respect to such other officer or employee, by reason of any 
    communication or contact of such other officer or employee with any 
    Member, committee, or subcommittee of the Congress as described in 
    paragraph (1).
    Sec. 715. (a) None of the funds made available in this or any other 
Act may be obligated or expended for any employee training that--
        (1) does not meet identified needs for knowledge, skills, and 
    abilities bearing directly upon the performance of official duties;
        (2) contains elements likely to induce high levels of emotional 
    response or psychological stress in some participants;
        (3) does not require prior employee notification of the content 
    and methods to be used in the training and written end of course 
    evaluation;
        (4) contains any methods or content associated with religious 
    or quasi-religious belief systems or ``new age'' belief systems as 
    defined in Equal Employment Opportunity Commission Notice N-
    915.022, dated September 2, 1988; or
        (5) is offensive to, or designed to change, participants' 
    personal values or lifestyle outside the workplace.
    (b) Nothing in this section shall prohibit, restrict, or otherwise 
preclude an agency from conducting training bearing directly upon the 
performance of official duties.
    Sec. 716.  No funds appropriated in this or any other Act may be 
used to implement or enforce the agreements in Standard Forms 312 and 
4414 of the Government or any other nondisclosure policy, form, or 
agreement if such policy, form, or agreement does not contain the 
following provisions: ``These restrictions are consistent with and do 
not supersede, conflict with, or otherwise alter the employee 
obligations, rights, or liabilities created by Executive Order No. 
12958; section 7211 of title 5, United States Code (governing 
disclosures to Congress); section 1034 of title 10, United States Code, 
as amended by the Military Whistleblower Protection Act (governing 
disclosure to Congress by members of the military); section 2302(b)(8) 
of title 5, United States Code, as amended by the Whistleblower 
Protection Act of 1989 (governing disclosures of illegality, waste, 
fraud, abuse or public health or safety threats); the Intelligence 
Identities Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing 
disclosures that could expose confidential Government agents); and the 
statutes which protect against disclosure that may compromise the 
national security, including sections 641, 793, 794, 798, and 952 of 
title 18, United States Code, and section 4(b) of the Subversive 
Activities Act of 1950 (50 U.S.C. 783(b)). The definitions, 
requirements, obligations, rights, sanctions, and liabilities created 
by said Executive order and listed statutes are incorporated into this 
agreement and are controlling.'': Provided, That notwithstanding the 
preceding paragraph, a nondisclosure policy form or agreement that is 
to be executed by a person connected with the conduct of an 
intelligence or intelligence-related activity, other than an employee 
or officer of the United States Government, may contain provisions 
appropriate to the particular activity for which such document is to be 
used. Such form or agreement shall, at a minimum, require that the 
person will not disclose any classified information received in the 
course of such activity unless specifically authorized to do so by the 
United States Government. Such nondisclosure forms shall also make it 
clear that they do not bar disclosures to Congress, or to an authorized 
official of an executive agency or the Department of Justice, that are 
essential to reporting a substantial violation of law.
    Sec. 717.  No part of any funds appropriated in this or any other 
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 the Congress, except in presentation to the Congress itself.
    Sec. 718.  None of the funds appropriated by this or any other Act 
may be used by an agency to provide a Federal employee's home address 
to any labor organization except when the employee has authorized such 
disclosure or when such disclosure has been ordered by a court of 
competent jurisdiction.
    Sec. 719.  None of the funds made available in this Act or any 
other Act may be used to provide any non-public information such as 
mailing or telephone lists to any person or any organization outside of 
the Federal Government without the approval of the Committees on 
Appropriations of the House of Representatives and the Senate.
    Sec. 720.  No part of any appropriation contained in this or any 
other Act shall be used directly or indirectly, including by private 
contractor, for publicity or propaganda purposes within the United 
States not heretofor authorized by the Congress.
    Sec. 721. (a) In this section, the term ``agency''--
        (1) means an Executive agency, as defined under section 105 of 
    title 5, United States Code;
        (2) includes a military department, as defined under section 
    102 of such title, the Postal Service, and the Postal Regulatory 
    Commission; and
        (3) shall not include the Government Accountability Office.
    (b) Unless authorized in accordance with law or regulations to use 
such time for other purposes, an employee of an agency shall use 
official time in an honest effort to perform official duties. An 
employee not under a leave system, including a Presidential appointee 
exempted under section 6301(2) of title 5, United States Code, has an 
obligation to expend an honest effort and a reasonable proportion of 
such employee's time in the performance of official duties.
    Sec. 722.  Notwithstanding 31 U.S.C. 1346 and section 708 of this 
Act, funds made available for the current fiscal year by this or any 
other Act to any department or agency, which is a member of the Federal 
Accounting Standards Advisory Board (FASAB), shall be available to 
finance an appropriate share of FASAB administrative costs.


                           (transfer of funds)

    Sec. 723. Notwithstanding 31 U.S.C. 1346 and section 708 of this 
Act, the head of each Executive department and agency is hereby 
authorized to transfer to or reimburse ``General Services 
Administration, Government-wide Policy'' with the approval of the 
Director of the Office of Management and Budget, funds made available 
for the current fiscal year by this or any other Act, including rebates 
from charge card and other contracts: Provided, That these funds shall 
be administered by the Administrator of General Services to support 
Government-wide financial, information technology, procurement, and 
other management innovations, initiatives, and activities, as approved 
by the Director of the Office of Management and Budget, in consultation 
with the appropriate interagency groups designated by the Director 
(including the President's Management Council for overall management 
improvement initiatives, the Chief Financial Officers Council for 
financial management initiatives, the Chief Information Officers 
Council for information technology initiatives, the Chief Human Capital 
Officers Council for human capital initiatives, and the Chief 
Acquisition Officers Council for procurement initiatives): Provided 
further, That the total funds transferred or reimbursed shall not 
exceed $17,000,000: Provided further, That such transfers or 
reimbursements may only be made after 15 days following notification of 
the Committees on Appropriations by the Director of the Office of 
Management and Budget.
    Sec. 724.  Notwithstanding any other provision of law, a woman may 
breastfeed her child at any location in a Federal building or on 
Federal property, if the woman and her child are otherwise authorized 
to be present at the location.
    Sec. 725.  Notwithstanding section 1346 of title 31, United States 
Code, or section 708 of this Act, funds made available for the current 
fiscal year by this or any other Act shall be available for the 
interagency funding of specific projects, workshops, studies, and 
similar efforts to carry out the purposes of the National Science and 
Technology Council (authorized by Executive Order No. 12881), which 
benefit multiple Federal departments, agencies, or entities: Provided, 
That the Office of Management and Budget shall provide a report 
describing the budget of and resources connected with the National 
Science and Technology Council to the Committees on Appropriations, the 
House Committee on Science and Technology, and the Senate Committee on 
Commerce, Science, and Transportation 90 days after enactment of this 
Act.
    Sec. 726.  Any request for proposals, solicitation, grant 
application, form, notification, press release, or other publications 
involving the distribution of Federal funds shall indicate the agency 
providing the funds, the Catalog of Federal Domestic Assistance Number, 
as applicable, and the amount provided: Provided, That this provision 
shall apply to direct payments, formula funds, and grants received by a 
State receiving Federal funds.
    Sec. 727. (a) Prohibition of Federal Agency Monitoring of 
Individuals' Internet Use.--None of the funds made available in this or 
any other Act may be used by any Federal agency--
        (1) to collect, review, or create any aggregation of data, 
    derived from any means, that includes any personally identifiable 
    information relating to an individual's access to or use of any 
    Federal Government Internet site of the agency; or
        (2) to enter into any agreement with a third party (including 
    another government agency) to collect, review, or obtain any 
    aggregation of data, derived from any means, that includes any 
    personally identifiable information relating to an individual's 
    access to or use of any nongovernmental Internet site.
    (b) Exceptions.--The limitations established in subsection (a) 
shall not apply to--
        (1) any record of aggregate data that does not identify 
    particular persons;
        (2) any voluntary submission of personally identifiable 
    information;
        (3) any action taken for law enforcement, regulatory, or 
    supervisory purposes, in accordance with applicable law; or
        (4) any action described in subsection (a)(1) that is a system 
    security action taken by the operator of an Internet site and is 
    necessarily incident to providing the Internet site services or to 
    protecting the rights or property of the provider of the Internet 
    site.
    (c) Definitions.--For the purposes of this section:
        (1) The term ``regulatory'' means agency actions to implement, 
    interpret or enforce authorities provided in law.
        (2) The term ``supervisory'' means examinations of the agency's 
    supervised institutions, including assessing safety and soundness, 
    overall financial condition, management practices and policies and 
    compliance with applicable standards as provided in law.
    Sec. 728. (a) None of the funds appropriated by this Act may be 
used to enter into or renew a contract which includes a provision 
providing prescription drug coverage, except where the contract also 
includes a provision for contraceptive coverage.
    (b) Nothing in this section shall apply to a contract with--
        (1) any of the following religious plans:
            (A) Personal Care's HMO; and
            (B) OSF HealthPlans, Inc.; and
        (2) any existing or future plan, if the carrier for the plan 
    objects to such coverage on the basis of religious beliefs.
    (c) In implementing this section, any plan that enters into or 
renews a contract under this section may not subject any individual to 
discrimination on the basis that the individual refuses to prescribe or 
otherwise provide for contraceptives because such activities would be 
contrary to the individual's religious beliefs or moral convictions.
    (d) Nothing in this section shall be construed to require coverage 
of abortion or abortion-related services.
    Sec. 729.  The Congress of the United States recognizes the United 
States Anti-Doping Agency (USADA) as the official anti-doping agency 
for Olympic, Pan American, and Paralympic sport in the United States.
    Sec. 730.  Notwithstanding any other provision of law, funds 
appropriated for official travel by Federal departments and agencies 
may be used by such departments and agencies, if consistent with Office 
of Management and Budget Circular A-126 regarding official travel for 
Government personnel, to participate in the fractional aircraft 
ownership pilot program.
    Sec. 731.  Notwithstanding any other provision of law, none of the 
funds appropriated or made available under this Act or any other 
appropriations Act may be used to implement or enforce restrictions or 
limitations on the Coast Guard Congressional Fellowship Program, or to 
implement the proposed regulations of the Office of Personnel 
Management to add sections 300.311 through 300.316 to part 300 of title 
5 of the Code of Federal Regulations, published in the Federal 
Register, volume 68, number 174, on September 9, 2003 (relating to the 
detail of executive branch employees to the legislative branch).
    Sec. 732.  Notwithstanding any other provision of law, no executive 
branch agency shall purchase, construct, and/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, 
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. 733. (a) For fiscal year 2009, no funds shall be available for 
transfers or reimbursements to the E-Government initiatives sponsored 
by the Office of Management and Budget prior to 15 days following 
submission of a report to the Committees on Appropriations by the 
Director of the Office of Management and Budget and receipt of approval 
to transfer funds by the Committees on Appropriations of the House of 
Representatives and the Senate.
    (b) The report in (a) and other required justification materials 
shall include at a minimum--
        (1) a description of each initiative including but not limited 
    to its objectives, benefits, development status, risks, cost 
    effectiveness (including estimated net costs or savings to the 
    government), and the estimated date of full operational capability;
        (2) the total development cost of each initiative by fiscal 
    year including costs to date, the estimated costs to complete its 
    development to full operational capability, and estimated annual 
    operations and maintenance costs; and
        (3) the sources and distribution of funding by fiscal year and 
    by agency and bureau for each initiative including agency 
    contributions to date and estimated future contributions by agency.
    (c) No funds shall be available for obligation or expenditure for 
new E-Government initiatives without the explicit approval of the 
Committees on Appropriations of the House of Representatives and the 
Senate.
    Sec. 734. Notwithstanding section 1346 of title 31, United States 
Code, and section 708 of this Act and any other provision of law, the 
head of each appropriate executive department and agency shall transfer 
to or reimburse the Federal Aviation Administration, upon the direction 
of the Director of the Office of Management and Budget, funds made 
available by this or any other Act for the purposes described below, 
and shall submit budget requests for such purposes. These funds shall 
be administered by the Federal Aviation Administration, in consultation 
with the appropriate interagency groups designated by the Director and 
shall be used to ensure the uninterrupted, continuous operation of the 
Midway Atoll Airfield by the Federal Aviation Administration pursuant 
to an operational agreement with the Department of the Interior for the 
entirety of fiscal year 2009 and any period thereafter that precedes 
the enactment of the Financial Services and General Government 
Appropriations Act, 2010. The Director of the Office of Management and 
Budget shall mandate the necessary transfers after determining an 
equitable allocation between the appropriate executive departments and 
agencies of the responsibility for funding the continuous operation of 
the Midway Atoll Airfield based on, but not limited to, potential use, 
interest in maintaining aviation safety, and applicability to 
governmental operations and agency mission. The total funds transferred 
or reimbursed shall not exceed $6,000,000 for any 12-month period. Such 
sums shall be sufficient to ensure continued operation of the airfield 
throughout the period cited above. Funds shall be available for 
operation of the airfield or airfield-related capital upgrades. The 
Director of the Office of Management and Budget shall notify the 
Committees on Appropriations of such transfers or reimbursements within 
15 days of this Act. Such transfers or reimbursements shall begin 
within 30 days of enactment of this Act.
    Sec. 735.  Section 739(a)(1) of division D of the Consolidated 
Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 2029) is 
amended by striking ``more than 10''.
    Sec. 736.  Section 739 of division D of the Consolidated 
Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 2030) is 
amended by striking subsection (b) and inserting the following:
    ``(b) Guidelines on Insourcing New and Contracted Out Functions.--
        ``(1) Guidelines required.--(A) The heads of executive agencies 
    subject to the Federal Activities Inventory Reform Act of 1998 
    (Public Law 105-270; 31 U.S.C. 501 note) shall devise and implement 
    guidelines and procedures to ensure that consideration is given to 
    using, on a regular basis, Federal employees to perform new 
    functions and functions that are performed by contractors and could 
    be performed by Federal employees.
        ``(B) The guidelines and procedures required under subparagraph 
    (A) may not include any specific limitation or restriction on the 
    number of functions or activities that may be converted to 
    performance by Federal employees.
        ``(2) Special consideration for certain functions.--The 
    guidelines and procedures required under paragraph (1) shall 
    provide for special consideration to be given to using Federal 
    employees to perform any function that--
            ``(A) is performed by a contractor and--
                ``(i) has been performed by Federal employees at any 
            time during the previous 10 years;
                ``(ii) is a function closely associated with the 
            performance of an inherently governmental function;
                ``(iii) has been performed pursuant to a contract 
            awarded on a non-competitive basis; or
                ``(iv) has been performed poorly, as determined by a 
            contracting officer during the 5-year period preceding the 
            date of such determination, because of excessive costs or 
            inferior quality; or
            ``(B) is a new requirement, with particular emphasis given 
        to a new requirement that is similar to a function previously 
        performed by Federal employees or is a function closely 
        associated with the performance of an inherently governmental 
        function.
        ``(3) Exclusion of certain functions from competitions.--The 
    head of an executive agency may not conduct a public-private 
    competition under Office of Management and Budget Circular A-76 or 
    any other provision of law or regulation before--
            ``(A) in the case of a new agency function, assigning the 
        performance of the function to Federal employees;
            ``(B) in the case of any agency function described in 
        paragraph (2), converting the function to performance by 
        Federal employees; or
            ``(C) in the case of an agency function performed by 
        Federal employees, expanding the scope of the function.
        ``(4) Deadline.--(A) The head of each executive agency shall 
    implement the guidelines and procedures required under this 
    subsection by not later than 120 days after the date of the 
    enactment of this subsection.
        ``(B) Not later than 210 days after the date of the enactment 
    of this subsection, the Government Accountability Office shall 
    submit a report on the implementation of this subsection to the 
    Committees on Appropriations of the House of Representatives and 
    the Senate, the Committee on Oversight and Government Reform of the 
    House of Representatives, and the Committee on Homeland Security 
    and Governmental Affairs of the Senate.
        ``(5) Definitions.--In this subsection:
            ``(A) The term `inherently governmental functions' has the 
        meaning given such term in subpart 7.5 of part 7 of the Federal 
        Acquisition Regulation.
            ``(B) The term `functions closely associated with 
        inherently governmental functions' means the functions 
        described in section 7.503(d) of the Federal Acquisition 
        Regulation.
        ``(6) Applicability.--This subsection shall not apply to the 
    Department of Defense.''.
    Sec. 737.  None of the funds appropriated or otherwise made 
available by this or any other Act may be used to begin or announce a 
study or public-private competition regarding the conversion to 
contractor performance of any function performed by Federal employees 
pursuant to Office of Management and Budget Circular A-76 or any other 
administrative regulation, directive, or policy.
    Sec. 738. (a) Section 142(a) of division A of the Consolidated 
Security, Disaster Assistance, and Continuing Appropriations Act, 2009 
(Public Law 110-329; 122 Stat. 3580) is amended by striking 
``Security.'' and inserting ``Security and shall apply to civilian 
employees in the Department of Defense who are represented by a labor 
organization as defined in section 7103(a)(4) of title 5, United States 
Code.''.
    (b) The amendment made by subsection (a) shall take effect as if 
included in the enactment of the Consolidated Security, Disaster 
Assistance, and Continuing Appropriations Act, 2009.
    Sec. 739.  Unless otherwise authorized by existing law, none of the 
funds provided in this Act or any other Act may be used by an executive 
branch agency to produce any prepackaged news story intended for 
broadcast or distribution in the United States, unless the story 
includes a clear notification within the text or audio of the 
prepackaged news story that the prepackaged news story was prepared or 
funded by that executive branch agency.
    Sec. 740.  None of the funds made available in this Act may be used 
in contravention of section 552a of title 5, United States Code 
(popularly known as the Privacy Act) and regulations implementing that 
section.
    Sec. 741.  Each executive department and agency shall evaluate the 
creditworthiness of an individual before issuing the individual a 
government travel charge card. Such evaluations for individually-billed 
travel charge cards shall include an assessment of the individual's 
consumer report from a consumer reporting agency as those terms are 
defined in section 603 of the Fair Credit Reporting Act (Public Law 91-
508): Provided, That the department or agency may not issue a 
government travel charge card to an individual that either lacks a 
credit history or is found to have an unsatisfactory credit history as 
a result of this evaluation: Provided further, That this restriction 
shall not preclude issuance of a restricted-use charge, debit, or 
stored value card made in accordance with agency procedures to: (1) an 
individual with an unsatisfactory credit history where such card is 
used to pay travel expenses and the agency determines there is no 
suitable alternative payment mechanism available before issuing the 
card; or (2) an individual who lacks a credit history. Each executive 
department and agency shall establish guidelines and procedures for 
disciplinary actions to be taken against agency personnel for improper, 
fraudulent, or abusive use of government charge cards, which shall 
include appropriate disciplinary actions for use of charge cards for 
purposes, and at establishments, that are inconsistent with the 
official business of the Department or agency or with applicable 
standards of conduct.
    Sec. 742. Crosscut Budget. (a) Definitions.--For purposes of this 
section the following definitions apply:
        (1) Great lakes.--The terms ``Great Lakes'' and ``Great Lakes 
    State'' have the same meanings as such terms have in section 506 of 
    the Water Resources Development Act of 2000 (42 U.S.C. 1962d-22).
        (2) Great lakes restoration activities.--The term ``Great Lakes 
    restoration activities'' means any Federal or State activity 
    primarily or entirely within the Great Lakes watershed that seeks 
    to improve the overall health of the Great Lakes ecosystem.
    (b) Report.--Not later than 45 days after submission of the budget 
of the President to Congress, the Director of the Office of Management 
and Budget, in coordination with the Governor of each Great Lakes State 
and the Great Lakes Interagency Task Force, shall submit to the 
appropriate authorizing and appropriating committees of the Senate and 
the House of Representatives a financial report, certified by the 
Secretary of each agency that has budget authority for Great Lakes 
restoration activities, containing--
        (1) an interagency budget crosscut report that--
            (A) displays the budget proposed, including any planned 
        interagency or intra-agency transfer, for each of the Federal 
        agencies that carries out Great Lakes restoration activities in 
        the upcoming fiscal year, separately reporting the amount of 
        funding to be provided under existing laws pertaining to the 
        Great Lakes ecosystem; and
            (B) identifies all expenditures since fiscal year 2004 by 
        the Federal Government and State governments for Great Lakes 
        restoration activities;
        (2) a detailed accounting of all funds received and obligated 
    by all Federal agencies and, to the extent available, State 
    agencies using Federal funds, for Great Lakes restoration 
    activities during the current and previous fiscal years;
        (3) a budget for the proposed projects (including a description 
    of the project, authorization level, and project status) to be 
    carried out in the upcoming fiscal year with the Federal portion of 
    funds for activities; and
        (4) a listing of all projects to be undertaken in the upcoming 
    fiscal year with the Federal portion of funds for activities.
    Sec. 743. (a) In General.--None of the funds appropriated or 
otherwise made available by this or any other Act may be used for any 
Federal Government contract with any foreign incorporated entity which 
is treated as an inverted domestic corporation under section 835(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 395(b)) or any subsidiary 
of such an entity.
    (b) Waivers.--
        (1) In general.--Any Secretary shall waive subsection (a) with 
    respect to any Federal Government contract under the authority of 
    such Secretary if the Secretary determines that the waiver is 
    required in the interest of national security.
        (2) Report to congress.--Any Secretary issuing a waiver under 
    paragraph (1) shall report such issuance to Congress.
    (c) Exception.--This section shall not apply to any Federal 
Government contract entered into before the date of the enactment of 
this Act, or to any task order issued pursuant to such contract.
    Sec. 744. (a) Each executive department and agency shall establish 
and maintain on the homepage of its website, an obvious, direct link to 
the website of its respective Inspector General.
    (b) Each Office of Inspector General shall: (1) post on its website 
any public report or audit or portion of any report or audit issued 
within one day of its release; (2) provide a service on its website to 
allow an individual to request automatic receipt of information 
relating to any public report or audit or portion of that report or 
audit and which permits electronic transmittal of the information, or 
notice of the availability of the information without further request; 
and (3) establish and maintain a direct link on its website for 
individuals to anonymously report waste, fraud and abuse.
    Sec. 745.  None of the funds made available by this or any other 
Act may be used to implement, administer, enforce, or apply the rule 
entitled ``Competitive Area'' published by the Office of Personnel 
Management in the Federal Register on April 15, 2008 (73 Fed. Reg. 
20180 et seq.).
    Sec. 746.  None of the funds made available by this or any other 
Act may be used to implement, administer, or enforce section 5(b) of 
Executive Order 13422 (72 Fed. Reg. 2763; relating to Regulatory Policy 
Officer).
    Sec. 747. No later than 120 days after enactment of this Act, the 
Office of Management and Budget shall submit a status report on the 
pilot program, established under section 748 of division D of Public 
Law 110-161, to develop and implement an inventory to track the cost 
and size (in contractor manpower equivalents) of service contracts, 
particularly with respect to contracts that have been performed poorly 
by a contractor because of excessive costs or inferior quality, as 
determined by a contracting officer within the last 5 years, involve 
inherently governmental functions, or were undertaken without 
competition.
    Sec. 748.  Executive Order 13423 (72 Fed. Reg. 3919; Jan. 24, 2007) 
shall remain in effect hereafter except as otherwise provided by law 
after the date of the enactment of this Act.
    Sec. 749. Effective January 20, 2009, and for each fiscal year 
thereafter, no part of any appropriation contained in this or any other 
Act may be used for the payment of services to any individual carrying 
out the responsibilities of any position requiring Senate advice and 
consent in an acting or temporary capacity after the second submission 
of a nomination for that individual to that position has been withdrawn 
or returned to the President.
    Sec. 750.  Except as expressly provided otherwise, any reference to 
``this Act'' contained in any title other than title IV or VIII shall 
not apply to such title IV or VIII.
    Sec. 751. Nonreduction in Pay While Federal Employee is Performing 
Active Service in the Uniformed Services or National Guard. (a) In 
General.--Subchapter IV of chapter 55 of title 5, United States Code, 
is amended by adding at the end the following:

``Sec. 5538. Nonreduction in pay while serving in the uniformed 
            services or National Guard

    ``(a) An employee who is absent from a position of employment with 
the Federal Government in order to perform active duty in the uniformed 
services pursuant to a call or order to active duty under a provision 
of law referred to in section 101(a)(13)(B) of title 10 shall be 
entitled, while serving on active duty, to receive, for each pay period 
described in subsection (b), an amount equal to the amount by which--
        ``(1) the amount of basic pay which would otherwise have been 
    payable to such employee for such pay period if such employee's 
    civilian employment with the Government had not been interrupted by 
    that service, exceeds (if at all)
        ``(2) the amount of pay and allowances which (as determined 
    under subsection (d))--
            ``(A) is payable to such employee for that service; and
            ``(B) is allocable to such pay period.
    ``(b)(1) Amounts under this section shall be payable with respect 
to each pay period (which would otherwise apply if the employee's 
civilian employment had not been interrupted)--
        ``(A) during which such employee is entitled to reemployment 
    rights under chapter 43 of title 38 with respect to the position 
    from which such employee is absent (as referred to in subsection 
    (a)); and
        ``(B) for which such employee does not otherwise receive basic 
    pay (including by taking any annual, military, or other paid leave) 
    to which such employee is entitled by virtue of such employee's 
    civilian employment with the Government.
    ``(2) For purposes of this section, the period during which an 
employee is entitled to reemployment rights under chapter 43 of title 
38--
        ``(A) shall be determined disregarding the provisions of 
    section 4312(d) of title 38; and
        ``(B) shall include any period of time specified in section 
    4312(e) of title 38 within which an employee may report or apply 
    for employment or reemployment following completion of service on 
    active duty to which called or ordered as described in subsection 
    (a).
    ``(c) Any amount payable under this section to an employee shall be 
paid--
        ``(1) by such employee's employing agency;
        ``(2) from the appropriation or fund which would be used to pay 
    the employee if such employee were in a pay status; and
        ``(3) to the extent practicable, at the same time and in the 
    same manner as would basic pay if such employee's civilian 
    employment had not been interrupted.
    ``(d) The Office of Personnel Management shall, in consultation 
with Secretary of Defense, prescribe any regulations necessary to carry 
out the preceding provisions of this section.
    ``(e)(1) The head of each agency referred to in section 
2302(a)(2)(C)(ii) shall, in consultation with the Office, prescribe 
procedures to ensure that the rights under this section apply to the 
employees of such agency.
    ``(2) The Administrator of the Federal Aviation Administration 
shall, in consultation with the Office, prescribe procedures to ensure 
that the rights under this section apply to the employees of that 
agency.
    ``(f) For purposes of this section--
        ``(1) the terms `employee', `Federal Government', and 
    `uniformed services' have the same respective meanings as given 
    those terms in section 4303 of title 38;
        ``(2) the term `employing agency', as used with respect to an 
    employee entitled to any payments under this section, means the 
    agency or other entity of the Government (including an agency 
    referred to in section 2302(a)(2)(C)(ii)) with respect to which 
    such employee has reemployment rights under chapter 43 of title 38; 
    and
        ``(3) the term `basic pay' includes any amount payable under 
    section 5304.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 55 of title 5, United States Code, is amended by inserting 
after the item relating to section 5537 the following:

``5538. Nonreduction in pay while serving in the uniformed services or 
          National Guard.''.

    (c) Effective Date.--The amendments made by this section shall 
apply with respect to pay periods (as described in section 5538(b) of 
title 5, United States Code, as amended by this section) beginning on 
or after the date of enactment of this Act.
    Sec. 752. Not later than 120 days after enactment of this Act, each 
executive department and agency shall submit to the Director of the 
Office of Management and Budget a report stating the total size of its 
workforce, differentiated by number of civilian, military, and contract 
workers as of December 31, 2008. Not later than 180 days after 
enactment of this Act, the Director of the Office of Management and 
Budget shall submit to the Committee a comprehensive statement 
delineating the workforce data by individual department and agency, as 
well as aggregate totals of civilian, military, and contract workers.

                               TITLE VIII

                GENERAL PROVISIONS--DISTRICT OF COLUMBIA

    Sec. 801.  Whenever in this Act, an amount is specified within an 
appropriation for particular purposes or objects of expenditure, such 
amount, unless otherwise specified, shall be considered as the maximum 
amount that may be expended for said purpose or object rather than an 
amount set apart exclusively therefor.
    Sec. 802.  Appropriations in this Act shall be available for 
expenses of travel and for the payment of dues of organizations 
concerned with the work of the District of Columbia government, when 
authorized by the Mayor, or, in the case of the Council of the District 
of Columbia, funds may be expended with the authorization of the 
Chairman of the Council.
    Sec. 803.  There are appropriated from the applicable funds of the 
District of Columbia such sums as may be necessary for making refunds 
and for the payment of legal settlements or judgments that have been 
entered against the District of Columbia government.
    Sec. 804. (a) None of the Federal funds provided in this Act shall 
be used for publicity or propaganda purposes or implementation of any 
policy including boycott designed to support or defeat legislation 
pending before Congress or any State legislature.
    (b) The District of Columbia may use local funds provided in this 
title to carry out lobbying activities on any matter.
    Sec. 805. (a) None of the funds provided under this Act to the 
agencies funded by this Act, both Federal and District government 
agencies, 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 expenditures 
for an agency through a reprogramming of funds which--
        (1) creates new programs;
        (2) eliminates a program, project, or responsibility center;
        (3) establishes or changes allocations specifically denied, 
    limited or increased under this Act;
        (4) increases funds or personnel by any means for any program, 
    project, or responsibility center for which funds have been denied 
    or restricted;
        (5) reestablishes any program or project previously deferred 
    through reprogramming;
        (6) augments any existing program, project, or responsibility 
    center through a reprogramming of funds in excess of $3,000,000 or 
    10 percent, whichever is less; or
        (7) increases by 20 percent or more personnel assigned to a 
    specific program, project or responsibility center,
unless in the case of Federal funds, the Committees on Appropriations 
of the House of Representatives and the Senate are notified in writing 
15 days in advance of the reprogramming and in the case of local funds, 
the Committees on Appropriations of the House of Representatives and 
the Senate are provided summary reports on April 1, 2009 and October 1, 
2009, setting forth detailed information regarding each such local 
funds reprogramming conducted subject to this subsection.
    (b) None of the local funds contained in this Act may be available 
for obligation or expenditure for an agency through a transfer of any 
local funds in excess of $3,000,000 from one appropriation heading to 
another unless the Committees on Appropriations of the House of 
Representatives and the Senate are provided summary reports on April 1, 
2009 and October 1, 2009, setting forth detailed information regarding 
each reprogramming conducted subject to this subsection.
    (c) The District of Columbia government is authorized to approve 
and execute reprogramming and transfer requests of local funds under 
this title through December 1, 2009.
    Sec. 806.  Consistent with the provisions of section 1301(a) of 
title 31, United States Code, appropriations under this Act shall be 
applied only to the objects for which the appropriations were made 
except as otherwise provided by law.
    Sec. 807.  None of the Federal funds made available in this Act may 
be used to implement or enforce the Health Care Benefits Expansion Act 
of 1992 (D.C. Law 9-114; D.C. Official Code, sec. 32-701 et seq.) or to 
otherwise implement or enforce any system of registration of unmarried, 
cohabiting couples, including but not limited to registration for the 
purpose of extending employment, health, or governmental benefits to 
such couples on the same basis that such benefits are extended to 
legally married couples.
    Sec. 808. (a) Section 446B(f) of the District of Columbia Home Rule 
Act (sec. 1-204.46b(f), D.C. Official Code) is amended by striking 
``fiscal years 2006 through 2008'' and inserting ``fiscal year 2006 and 
each succeeding fiscal year''.
    (b) The amendment made by subsection (a) shall take effect as if 
included in the enactment of the 2005 District of Columbia Omnibus 
Authorization Act.
    Sec. 809. None of the Federal funds provided in this Act may be 
used by the District of Columbia to provide for salaries, expenses, or 
other costs associated with the offices of United States Senator or 
United States Representative under section 4(d) of the District of 
Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C. 
Law 3-171; D.C. Official Code, sec. 1-123).
    Sec. 810.  Except as otherwise provided in this section, none of 
the funds made available by this Act or by any other Act may be used to 
provide any officer or employee of the District of Columbia with an 
official vehicle unless the officer or employee uses the vehicle only 
in the performance of the officer's or employee's official duties. For 
purposes of this section, the term ``official duties'' does not include 
travel between the officer's or employee's residence and workplace, 
except in the case of--
        (1) an officer or employee of the Metropolitan Police 
    Department who resides in the District of Columbia or a District of 
    Columbia government employee as may otherwise be designated by the 
    Chief of the Department;
        (2) at the discretion of the Fire Chief, an officer or employee 
    of the District of Columbia Fire and Emergency Medical Services 
    Department who resides in the District of Columbia and is on call 
    24 hours a day or is otherwise designated by the Fire Chief;
        (3) at the discretion of the Director of the Department of 
    Corrections, an officer or employee of the District of Columbia 
    Department of Corrections who resides in the District of Columbia 
    and is on call 24 hours a day or is otherwise designated by the 
    Director;
        (4) the Mayor of the District of Columbia; and
        (5) the Chairman of the Council of the District of Columbia.
    Sec. 811. (a) None of the Federal funds contained in this Act may 
be used by the District of Columbia Attorney General or any other 
officer or entity of the District government to provide assistance for 
any petition drive or civil action which seeks to require Congress to 
provide for voting representation in Congress for the District of 
Columbia.
    (b) Nothing in this section bars the District of Columbia Attorney 
General from reviewing or commenting on briefs in private lawsuits, or 
from consulting with officials of the District government regarding 
such lawsuits.
    Sec. 812.  None of the Federal funds contained in this Act may be 
used for any program of distributing sterile needles or syringes for 
the hypodermic injection of any illegal drug.
    Sec. 813.  Nothing in this Act may be construed to prevent the 
Council or Mayor of the District of Columbia from addressing the issue 
of the provision of contraceptive coverage by health insurance plans, 
but it is the intent of Congress that any legislation enacted on such 
issue should include a ``conscience clause'' which provides exceptions 
for religious beliefs and moral convictions.
    Sec. 814. (a) Notwithstanding section 615(i)(3)(B) of the 
Individuals With Disabilities Education Act (20 U.S.C. 1415(i)(3)(B)), 
none of the funds contained in this Act or in any other Act making 
appropriations for the government of the District of Columbia for 
fiscal year 2009 or any succeeding fiscal year may be made available--
        (1) to pay the fees of an attorney who represents a party in or 
    defends an IDEA proceeding which was initiated prior to the date of 
    the enactment of this Act in an amount in excess of $4,000 for that 
    proceeding; or
        (2) to pay the fees of an attorney or firm who represents a 
    party in or defends an IDEA proceeding if the Chief Financial 
    Officer of the District of Columbia determines that the attorney or 
    firm has a pecuniary interest (either directly or through an 
    attorney, officer, or employee of the firm) in any special 
    education diagnostic services or schools or other special education 
    service providers.
    (b) In this section, the term ``IDEA proceeding'' means any action 
or administrative proceeding (including any ensuing or related 
proceedings before a court of competent jurisdiction) brought against 
the District of Columbia Public Schools under the Individuals with 
Disabilities Education Act (20 U.S.C. 1400 et seq.).
    Sec. 815. The Mayor of the District of Columbia shall submit to the 
Committees on Appropriations of the House of Representatives and the 
Senate, the Committee on Oversight and Government Reform of the House 
of Representatives, and the Committee on Homeland Security and 
Governmental Affairs of the Senate annual reports addressing--
        (1) crime, including the homicide rate, implementation of 
    community policing, the number of police officers on local beats, 
    and the closing down of open-air drug markets;
        (2) access to substance and alcohol abuse treatment, including 
    the number of treatment slots, the number of people served, the 
    number of people on waiting lists, and the effectiveness of 
    treatment programs, the retention rates in treatment programs, and 
    the recidivism/re-arrest rates for treatment participants;
        (3) management of parolees and pre-trial violent offenders, 
    including the number of halfway houses escapes and steps taken to 
    improve monitoring and supervision of halfway house residents to 
    reduce the number of escapes to be provided in consultation with 
    the Court Services and Offender Supervision Agency for the District 
    of Columbia;
        (4) education, including access to special education services 
    and student achievement to be provided in consultation with the 
    District of Columbia Public Schools and the District of Columbia 
    public charter schools, repeated grade rates, high school 
    graduation rates, post-secondary education attendance rates, and 
    teen pregnancy rates;
        (5) improvement in basic District services, including rat 
    control and abatement;
        (6) application for and management of Federal grants, including 
    the number and type of grants for which the District was eligible 
    but failed to apply and the number and type of grants awarded to 
    the District but for which the District failed to spend the amounts 
    received;
        (7) indicators of child and family well-being including child 
    living arrangements by family structure, number of children aging 
    out of foster care, poverty rates by family structure, crime by 
    family structure, marriage rates by income quintile, and out-of-
    wedlock births; and
        (8) employment, including job status and participation in 
    assistance programs by income, education and family structure.
    Sec. 816. Beginning in fiscal year 2009 and each fiscal year 
thereafter, the amount appropriated to the District of Columbia may be 
increased by no more than $100,000,000 from funds identified in the 
annual comprehensive annual financial report as the District's 
immediately preceding fiscal year's unexpended general fund surplus. 
The District may obligate and expend these amounts only in accordance 
with the following conditions:
        (1) The Chief Financial Officer of the District of Columbia 
    shall certify that the use of any such amounts is not anticipated 
    to have a negative impact on the District's long-term financial, 
    fiscal, and economic vitality.
        (2) The District of Columbia may only use these funds for the 
    following expenditures:
            (A) One-time expenditures.
            (B) Expenditures to avoid deficit spending.
            (C) Debt Reduction.
            (D) Program needs.
            (E) Expenditures to avoid revenue shortfalls.
        (3) The amounts shall be obligated and expended in accordance 
    with laws enacted by the Council in support of each such obligation 
    or expenditure.
        (4) The amounts may not be used to fund the agencies of the 
    District of Columbia government under court ordered receivership.
        (5) The amounts may not be obligated or expended unless the 
    Mayor notifies the Committees on Appropriations of the House of 
    Representatives and the Senate not fewer than 30 days in advance of 
    the obligation or expenditure.
    Sec. 817. (a) Beginning in fiscal year 2009 and each fiscal year 
thereafter, consistent with revenue collections, the amount 
appropriated as District of Columbia Funds may be increased--
        (1) by an aggregate amount of not more than 25 percent, in the 
    case of amounts proposed to be allocated as ``Other-Type Funds'' in 
    the annual Proposed Budget and Financial Plan submitted to Congress 
    by the District of Columbia; and
        (2) by an aggregate amount of not more than 6 percent, in the 
    case of any other amounts proposed to be allocated in such Proposed 
    Budget and Financial Plan.
    (b) The District of Columbia may obligate and expend any increase 
in the amount of funds authorized under this section only in accordance 
with the following conditions:
        (1) The Chief Financial Officer of the District of Columbia 
    shall certify--
            (A) the increase in revenue; and
            (B) that the use of the amounts is not anticipated to have 
        a negative impact on the long-term financial, fiscal, or 
        economic health of the District.
        (2) The amounts shall be obligated and expended in accordance 
    with laws enacted by the Council of the District of Columbia in 
    support of each such obligation and expenditure, consistent with 
    the requirements of this Act.
        (3) The amounts may not be used to fund any agencies of the 
    District government operating under court-ordered receivership.
        (4) The amounts may not be obligated or expended unless the 
    Mayor has notified the Committees on Appropriations of the House of 
    Representatives and the Senate not fewer than 30 days in advance of 
    the obligation or expenditure.
    Sec. 818. Beginning in fiscal year 2009 and each fiscal year 
thereafter, the Chief Financial Officer for the District of Columbia 
may, for the purpose of cash flow management, conduct short-term 
borrowing from the emergency reserve fund and from the contingency 
reserve fund established under section 450A of the District of Columbia 
Home Rule Act (Public Law 93-198): Provided, That the amount borrowed 
shall not exceed 50 percent of the total amount of funds contained in 
both the emergency and contingency reserve funds at the time of 
borrowing: Provided further, That the borrowing shall not deplete 
either fund by more than 50 percent: Provided further, That 100 percent 
of the funds borrowed shall be replenished within 9 months of the time 
of the borrowing or by the end of the fiscal year, whichever occurs 
earlier: Provided further, That in the event that short-term borrowing 
has been conducted and the emergency or the contingency reserve funds 
are later depleted below 50 percent as a result of an emergency or 
contingency, an amount equal to the amount necessary to restore reserve 
levels to 50 percent of the total amount of funds contained in both the 
emergency and contingency reserve fund must be replenished from the 
amount borrowed within 60 days.
    Sec. 819. (a) None of the funds contained in this Act may be used 
to enact or carry out any law, rule, or regulation to legalize or 
otherwise reduce penalties associated with the possession, use, or 
distribution of any schedule I substance under the Controlled 
Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols 
derivative.
    (b) The Legalization of Marijuana for Medical Treatment Initiative 
of 1998, also known as Initiative 59, approved by the electors of the 
District of Columbia on November 3, 1998, shall not take effect.
    Sec. 820.  None of the funds appropriated under this Act shall be 
expended for any abortion except where the life of the mother would be 
endangered if the fetus were carried to term or where the pregnancy is 
the result of an act of rape or incest.
    Sec. 821.  Amounts appropriated in this Act as operating funds may 
be transferred to the District of Columbia's enterprise and capital 
funds and such amounts, once transferred shall retain appropriation 
authority consistent with the provisions of this Act.
    Sec. 822. (a) Increase in the Hourly Rate for Attorneys 
Representing Indigent Defendants in the District of Columbia Courts.--
Section 11-2604(a), District of Columbia Official Code, is amended by 
striking ``$80 per hour'' and inserting ``$90 per hour''.
    (b) Special Rule for Compensation of Attorneys in Neglect and 
Termination of Parental Rights Proceedings.--Section 16-2326.01(b), 
District of Columbia Official Code, is amended--
        (1) in paragraph (1), by striking ``$1,760'' and inserting 
    ``$1,980'';
        (2) in paragraph (2), by striking ``$1,760'' and inserting 
    ``$1,980'';
        (3) in paragraph (3), by striking ``$2,400'' and inserting 
    ``$2,700''; and
        (4) in paragraph (4), by striking ``$1,200'' and inserting 
    ``$1,350''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to cases and proceedings initiated on or after the 
date of enactment of this Act.
    Sec. 823. Section 2 of the Act entitled ``An Act Relative to the 
control of wharf property and certain public spaces in the District of 
Columbia'', approved March 3, 1899 (sec. 10-501.02(a), D.C. Official 
Code) is amended by striking the last sentence.
    Sec. 824.  Except as expressly provided otherwise, any reference to 
``this Act'' contained in this title or in title IV shall be treated as 
referring only to the provisions of this title or of title IV.
    This division may be cited as the ``Financial Services and General 
Government Appropriations Act, 2009''.

   DIVISION E--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED 
                   AGENCIES APPROPRIATIONS ACT, 2009

                                TITLE I

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management

                   management of lands and resources

    For necessary expenses for protection, use, improvement, 
development, disposal, cadastral surveying, classification, acquisition 
of easements and other interests in lands, and performance of other 
functions, including maintenance of facilities, as authorized by law, 
in the management of lands and their resources under the jurisdiction 
of the Bureau of Land Management, including the general administration 
of the Bureau, and assessment of mineral potential of public lands 
pursuant to Public Law 96-487 (16 U.S.C. 3150(a)), $890,194,000, to 
remain available until expended, of which not to exceed $79,478,000 is 
available for oil and gas management; and of which $1,500,000 is for 
high priority projects, to be carried out by the Youth Conservation 
Corps; and of which $3,000,000 shall be available in fiscal year 2009 
subject to a match by at least an equal amount by the National Fish and 
Wildlife Foundation for cost-shared projects supporting conservation of 
Bureau lands; and such funds shall be advanced to the Foundation as a 
lump sum grant without regard to when expenses are incurred.
    In addition, $36,400,000 is for the processing of applications for 
permit to drill and related use authorizations, to remain available 
until expended, to be reduced by amounts collected by the Bureau and 
credited to this appropriation that shall be derived from $4,000 per 
new application for permit to drill that the Bureau shall collect upon 
submission of each new application, and in addition, $34,696,000 is for 
Mining Law Administration program operations, including the cost of 
administering the mining claim fee program; to remain available until 
expended, to be reduced by amounts collected by the Bureau and credited 
to this appropriation from annual mining claim fees so as to result in 
a final appropriation estimated at not more than $890,194,000, and 
$2,000,000, to remain available until expended, from communication site 
rental fees established by the Bureau for the cost of administering 
communication site activities.


                               construction

    For construction of buildings, recreation facilities, roads, 
trails, and appurtenant facilities, $6,590,000, to remain available 
until expended.


                             land acquisition

    For expenses necessary to carry out sections 205, 206, and 318(d) 
of Public Law 94-579, including administrative expenses and acquisition 
of lands or waters, or interests therein, $14,775,000, to be derived 
from the Land and Water Conservation Fund and to remain available until 
expended.


                    oregon and california grant lands

    For expenses necessary for management, protection, and development 
of resources and for construction, operation, and maintenance of access 
roads, reforestation, and other improvements on the revested Oregon and 
California Railroad grant lands, on other Federal lands in the Oregon 
and California land-grant counties of Oregon, and on adjacent rights-
of-way; and acquisition of lands or interests therein, including 
existing connecting roads on or adjacent to such grant lands; 
$109,949,000, to remain available until expended: Provided, That 25 
percent of the aggregate of all receipts during the current fiscal year 
from the revested Oregon and California Railroad grant lands is hereby 
made a charge against the Oregon and California land-grant fund and 
shall be transferred to the General Fund in the Treasury in accordance 
with the second paragraph of subsection (b) of title II of the Act of 
August 28, 1937 (50 Stat. 876).


                forest ecosystem health and recovery fund

                    (revolving fund, special account)

    In addition to the purposes authorized in Public Law 102-381, funds 
made available in the Forest Ecosystem Health and Recovery Fund can be 
used for the purpose of planning, preparing, implementing and 
monitoring salvage timber sales and forest ecosystem health and 
recovery activities, such as release from competing vegetation and 
density control treatments. The Federal share of receipts (defined as 
the portion of salvage timber receipts not paid to the counties under 
43 U.S.C. 1181f and 43 U.S.C. 1181f-1 et seq., and Public Law 106-393) 
derived from treatments funded by this account shall be deposited into 
the Forest Ecosystem Health and Recovery Fund.


                            range improvements

    For rehabilitation, protection, and acquisition of lands and 
interests therein, and improvement of Federal rangelands pursuant to 
section 401 of the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1701), notwithstanding any other Act, sums equal to 50 percent 
of all moneys received during the prior fiscal year under sections 3 
and 15 of the Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount 
designated for range improvements from grazing fees and mineral leasing 
receipts from Bankhead-Jones lands transferred to the Department of the 
Interior pursuant to law, but not less than $10,000,000, to remain 
available until expended: Provided, That not to exceed $600,000 shall 
be available for administrative expenses.


                service charges, deposits, and forfeitures

    For administrative expenses and other costs related to processing 
application documents and other authorizations for use and disposal of 
public lands and resources, for costs of providing copies of official 
public land documents, for monitoring construction, operation, and 
termination of facilities in conjunction with use authorizations, and 
for rehabilitation of damaged property, such amounts as may be 
collected under Public Law 94-579, as amended, and Public Law 93-153, 
to remain available until expended: Provided, That, notwithstanding any 
provision to the contrary of section 305(a) of Public Law 94-579 (43 
U.S.C. 1735(a)), any moneys that have been or will be received pursuant 
to that section, whether as a result of forfeiture, compromise, or 
settlement, if not appropriate for refund pursuant to section 305(c) of 
that Act (43 U.S.C. 1735(c)), shall be available and may be expended 
under the authority of this Act by the Secretary to improve, protect, 
or rehabilitate any public lands administered through the Bureau of 
Land Management which have been damaged by the action of a resource 
developer, purchaser, permittee, or any unauthorized person, without 
regard to whether all moneys collected from each such action are used 
on the exact lands damaged which led to the action: Provided further, 
That any such moneys that are in excess of amounts needed to repair 
damage to the exact land for which funds were collected may be used to 
repair other damaged public lands.


                        miscellaneous trust funds

    In addition to amounts authorized to be expended under existing 
laws, there is hereby appropriated such amounts as may be contributed 
under section 307 of the Act of October 21, 1976 (43 U.S.C. 1701), and 
such amounts as may be advanced for administrative costs, surveys, 
appraisals, and costs of making conveyances of omitted lands under 
section 211(b) of that Act, to remain available until expended.


                  PAYMENTS FROM PROCEEDS, SALE OF WATER

                               (rescission)

    The unobligated balances available under this heading on the date 
of enactment of this Act are permanently rescinded.


  USE OF RECEIPTS FROM MINERAL LEASING ACTIVITIES ON CERTAIN NAVAL OIL 
                             SHALE RESERVES

                               (rescission)

    Of the unobligated balances available under this heading, 
$12,996,000 are permanently rescinded.


                        Administrative Provisions

    Appropriations for the Bureau of Land Management (BLM) shall be 
available for purchase, erection, and dismantlement of temporary 
structures, and alteration and maintenance of necessary buildings and 
appurtenant facilities to which the United States has title; up to 
$100,000 for payments, at the discretion of the Secretary, for 
information or evidence concerning violations of laws administered by 
the Bureau; miscellaneous and emergency expenses of enforcement 
activities authorized or approved by the Secretary and to be accounted 
for solely on the Secretary's certificate, not to exceed $10,000: 
Provided, That notwithstanding 44 U.S.C. 501, the Bureau may, under 
cooperative cost-sharing and partnership arrangements authorized by 
law, procure printing services from cooperators in connection with 
jointly produced publications for which the cooperators share the cost 
of printing either in cash or in services, and the Bureau determines 
the cooperator is capable of meeting accepted quality standards: 
Provided further, That projects to be funded pursuant to a written 
commitment by a State government to provide an identified amount of 
money in support of the project may be carried out by the Bureau on a 
reimbursable basis.
    In fiscal year 2009 and each fiscal year thereafter, the Bureau of 
Land Management shall collect mining law administration fees; such fees 
shall be collected in the same manner as those authorized by 30 U.S.C. 
28f and 28g only to the extent provided in advance in appropriations 
Acts.
    The provisions of law codified at sections 28f(a) and 28g of title 
30, United States Code, are amended to remove the modifications made 
under the heading ``administrative provisions'', under the heading 
``Bureau of Land Management'' in title I of the Department of the 
Interior, Environment, and Related Agencies Appropriations Act, 2008 
(division F of Public Law 110-161; 121 Stat. 2101).
    Sums not to exceed 1 percent of the total value of procurements 
received by the Bureau of Land Management from vendors under enterprise 
information technology-procurements that the Department of the Interior 
and other Federal Government agencies may use to order information 
technology hereafter may be deposited into the Management of Lands and 
Resources account to offset costs incurred in conducting the 
procurement.

                United States Fish and Wildlife Service

                          resource management

    For necessary expenses of the United States Fish and Wildlife 
Service, as authorized by law, and for scientific and economic studies, 
maintenance of the herd of long-horned cattle on the Wichita Mountains 
Wildlife Refuge, general administration, and for the performance of 
other authorized functions related to such resources by direct 
expenditure, contracts, grants, cooperative agreements and reimbursable 
agreements with public and private entities, $1,140,962,000, to remain 
available until September 30, 2010 except as otherwise provided herein: 
Provided, That $2,500,000 is for high priority projects, which shall be 
carried out by the Youth Conservation Corps: Provided further, That not 
to exceed $19,266,000 shall be used for implementing subsections (a), 
(b), (c), and (e) of section 4 of the Endangered Species Act, as 
amended, for species that are indigenous to the United States (except 
for processing petitions, developing and issuing proposed and final 
regulations, and taking any other steps to implement actions described 
in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of which not 
to exceed $10,458,000 shall be used for any activity regarding the 
designation of critical habitat, pursuant to subsection (a)(3), 
excluding litigation support, for species listed pursuant to subsection 
(a)(1) prior to October 1, 2008: Provided further, That of the amount 
available for law enforcement, up to $400,000, to remain available 
until expended, may at the discretion of the Secretary be used for 
payment for information, rewards, or evidence concerning violations of 
laws administered by the Service, and miscellaneous and emergency 
expenses of enforcement activity, authorized or approved by the 
Secretary and to be accounted for solely on the Secretary's 
certificate: Provided further, That of the amount provided for 
environmental contaminants, up to $1,000,000 may remain available until 
expended for contaminant sample analyses.


                               CONSTRUCTION

                     (including rescission of funds)

    For construction, improvement, acquisition, or removal of buildings 
and other facilities required in the conservation, management, 
investigation, protection, and utilization of fishery and wildlife 
resources, and the acquisition of lands and interests therein; 
$35,587,000, to remain available until expended: Provided, That of the 
unobligated balances made available in Public Law 101-512 to carry out 
the Anadromous Fish Conservation Act, all remaining amounts are 
permanently rescinded.

                            land acquisition

    For expenses necessary to carry out the Land and Water Conservation 
Fund Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including 
administrative expenses, and for acquisition of land or waters, or 
interest therein, in accordance with statutory authority applicable to 
the United States Fish and Wildlife Service, $42,455,000, to be derived 
from the Land and Water Conservation Fund and to remain available until 
expended, of which, notwithstanding 16 U.S.C. 460l-9, not more than 
$1,500,000 shall be for land conservation partnerships authorized by 
the Highlands Conservation Act of 2004: Provided, That none of the 
funds appropriated for specific land acquisition projects can be used 
to pay for any administrative overhead, planning or other management 
costs.


             cooperative endangered species conservation fund

                     (including rescission of funds)

    For expenses necessary to carry out section 6 of the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et seq.), as amended, $80,001,000, 
to remain available until expended, of which $25,307,000 is to be 
derived from the Cooperative Endangered Species Conservation Fund, of 
which $5,145,706 shall be for the Idaho Salmon and Clearwater River 
Basins Habitat Account pursuant to the Snake River Water Rights Act of 
2004; and of which $54,694,000 is to be derived from the Land and Water 
Conservation Fund: Provided, That of the unobligated balances available 
under this heading, $4,500,000 are permanently rescinded.

                     national wildlife refuge fund

    For expenses necessary to implement the Act of October 17, 1978 (16 
U.S.C. 715s), $14,100,000.


                North American Wetlands Conservation Fund

    For expenses necessary to carry out the provisions of the North 
American Wetlands Conservation Act, as amended (16 U.S.C. 4401-4414), 
$42,647,000, to remain available until expended.


                 Neotropical Migratory Bird Conservation

    For expenses necessary to carry out the Neotropical Migratory Bird 
Conservation Act, as amended, (16 U.S.C. 6101 et seq.), $4,750,000, to 
remain available until expended.


                 Multinational Species Conservation Fund

    For expenses necessary to carry out the African Elephant 
Conservation Act (16 U.S.C. 4201-4203, 4211-4214, 4221-4225, 4241-4246, 
and 1538), the Asian Elephant Conservation Act of 1997 (16 U.S.C. 4261-
4266), the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 
5301-5306), the Great Ape Conservation Act of 2000 (16 U.S.C. 6301-
6305), and the Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601-
6606), $10,000,000, to remain available until expended.

                    state and tribal wildlife grants

    For wildlife conservation grants to States and to the District of 
Columbia, Puerto Rico, Guam, the United States Virgin Islands, the 
Northern Mariana Islands, American Samoa, and federally-recognized 
Indian tribes under the provisions of the Fish and Wildlife Act of 1956 
and the Fish and Wildlife Coordination Act, for the development and 
implementation of programs for the benefit of wildlife and their 
habitat, including species that are not hunted or fished, $75,000,000, 
to remain available until expended: Provided, That of the amount 
provided herein, $7,000,000 is for a competitive grant program for 
Indian tribes not subject to the remaining provisions of this 
appropriation: Provided further, That $5,000,000 is for a competitive 
grant program for States, territories, and other jurisdictions with 
approved plans, not subject to the remaining provisions of this 
appropriation: Provided further, That the Secretary shall, after 
deducting $11,106,000 and administrative expenses, apportion the amount 
provided herein in the following manner: (1) to the District of 
Columbia and to the Commonwealth of Puerto Rico, each a sum equal to 
not more than one-half of 1 percent thereof; and (2) to Guam, American 
Samoa, the United States Virgin Islands, and the Commonwealth of the 
Northern Mariana Islands, each a sum equal to not more than one-fourth 
of 1 percent thereof: Provided further, That the Secretary shall 
apportion the remaining amount in the following manner: (1) one-third 
of which is based on the ratio to which the land area of such State 
bears to the total land area of all such States; and (2) two-thirds of 
which is based on the ratio to which the population of such State bears 
to the total population of all such States: Provided further, That the 
amounts apportioned under this paragraph shall be adjusted equitably so 
that no State shall be apportioned a sum which is less than 1 percent 
of the amount available for apportionment under this paragraph for any 
fiscal year or more than 5 percent of such amount: Provided further, 
That the Federal share of planning grants shall not exceed 75 percent 
of the total costs of such projects and the Federal share of 
implementation grants shall not exceed 50 percent of the total costs of 
such projects: Provided further, That the non-Federal share of such 
projects may not be derived from Federal grant programs: Provided 
further, That no State, territory, or other jurisdiction shall receive 
a grant if its comprehensive wildlife conservation plan is disapproved 
and such funds that would have been distributed to such State, 
territory, or other jurisdiction shall be distributed equitably to 
States, territories, and other jurisdictions with approved plans: 
Provided further, That any amount apportioned in 2009 to any State, 
territory, or other jurisdiction that remains unobligated as of 
September 30, 2010, shall be reapportioned, together with funds 
appropriated in 2011, in the manner provided herein.


               WILDLIFE CONSERVATION AND APPRECIATION FUND

                               (rescission)

    Of the unobligated balances available under this heading from prior 
year appropriations, all remaining amounts are permanently rescinded.


                        administrative provisions

    Appropriations and funds available to the United States Fish and 
Wildlife Service shall be available for repair of damage to public 
roads within and adjacent to reservation areas caused by operations of 
the Service; options for the purchase of land at not to exceed $1 for 
each option; facilities incident to such public recreational uses on 
conservation areas as are consistent with their primary purpose; and 
the maintenance and improvement of aquaria, buildings, and other 
facilities under the jurisdiction of the Service and to which the 
United States has title, and which are used pursuant to law in 
connection with management, and investigation of fish and wildlife 
resources: Provided, That notwithstanding 44 U.S.C. 501, the Service 
may, under cooperative cost sharing and partnership arrangements 
authorized by law, procure printing services from cooperators in 
connection with jointly produced publications for which the cooperators 
share at least one-half the cost of printing either in cash or services 
and the Service determines the cooperator is capable of meeting 
accepted quality standards: Provided further, That, notwithstanding any 
other provision of law, the Service may use up to $2,000,000 from funds 
provided for contracts for employment-related legal services: Provided 
further, That the Service may accept donated aircraft as replacements 
for existing aircraft.

                         National Park Service


                  Operation of the National Park System

    For expenses necessary for the management, operation, and 
maintenance of areas and facilities administered by the National Park 
Service (including expenses to carry out programs of the United States 
Park Police), and for the general administration of the National Park 
Service, $2,131,529,000, of which $9,851,000 for planning and 
interagency coordination in support of Everglades restoration and 
$99,586,000 for maintenance, repair or rehabilitation projects for 
constructed assets, operation of the National Park Service automated 
facility management software system, and comprehensive facility 
condition assessments shall remain available until September 30, 2010.


                   national recreation and preservation

    For expenses necessary to carry out recreation programs, natural 
programs, cultural programs, heritage partnership programs, 
environmental compliance and review, international park affairs, 
statutory or contractual aid for other activities, and grant 
administration, not otherwise provided for, $59,684,000.

                       historic preservation fund


              (including transfers and rescission of funds)

    For expenses necessary in carrying out the Historic Preservation 
Act of 1966, as amended (16 U.S.C. 470), and the Omnibus Parks and 
Public Lands Management Act of 1996 (Public Law 104-333), $69,500,000, 
to be derived from the Historic Preservation Fund and to remain 
available until September 30, 2010; of which $20,000,000 shall be for 
Save America's Treasures for preservation of nationally significant 
sites, structures, and artifacts: Provided, That any individual Save 
America's Treasures grant shall be matched by non-Federal funds; 
individual projects shall only be eligible for one grant; and all 
projects to be funded shall be approved by the Secretary of the 
Interior in consultation with the House and Senate Committees on 
Appropriations: Provided further, That Save America's Treasures funds 
allocated for Federal projects, following approval, shall be available 
by transfer to appropriate accounts of individual agencies: Provided 
further, That of the unobligated balances in this account, $516,000 are 
permanently rescinded.


                               Construction

                     (including rescission of funds)

    For construction, improvements, repair or replacement of physical 
facilities, including a portion of the expense for the modifications 
authorized by section 104 of the Everglades National Park Protection 
and Expansion Act of 1989, $233,158,000, to remain available until 
expended: Provided, That funds appropriated in this Act, or in any 
prior Act of Congress, for the implementation of the Modified Water 
Deliveries to Everglades National Park Project, shall be made available 
to the Army Corps of Engineers which shall, notwithstanding any other 
provision of law, immediately and without further delay construct or 
cause to be constructed Alternative 3.2.2.a to U.S. Highway 41 (the 
Tamiami Trail) consistent with the Limited Reevaluation Report with 
Integrated Environmental Assessment and addendum, approved August 2008: 
Provided further, That the Secretary of the Interior, acting through 
the National Park Service, is directed to immediately evaluate the 
feasibility of additional bridge length, beyond that to be constructed 
pursuant to the Modified Water Deliveries to Everglades National Park 
Project (16 U.S.C. Sec. 410r-8), including a continuous bridge, or 
additional bridges or some combination thereof, for the Tamiami Trail 
(U.S. Highway 41) to restore more natural water flow to Everglades 
National Park and Florida Bay and for the purpose of restoring habitat 
within the Park and the ecological connectivity between the Park and 
the Water Conservation Areas. The feasibility study and the 
recommendation of the Secretary shall be submitted to the Congress no 
later than 12 months from the date of enactment of this Act: Provided 
further, That for fiscal year 2009 and hereafter, fees paid by the 
National Park Service to the West Yellowstone/Hebgen Basin Solid Waste 
District will be restricted to operations and maintenance costs of the 
facility, given the capital contribution made by the National Park 
Service: Provided further, That, notwithstanding any other provision of 
law, a single procurement for the construction project at the Jefferson 
Memorial plaza and seawall in Washington, DC, may be issued which 
includes the full scope of the project: Provided further, That the 
solicitation and the contract shall contain the clause ``availability 
of funds'' found at 48 CFR 52.232.18: Provided further, That the 
National Park Service shall grant funds not to exceed $3,000,000 to the 
St. Louis Metropolitan Park and Recreation District for the purpose of 
planning and constructing a pedestrian bridge to provide safe visitor 
access to the Jefferson National Expansion Memorial Arch: Provided 
further, That the unobligated balances in the Federal Infrastructure 
Improvement Fund under this heading are permanently rescinded.


                     land and water conservation fund

                               (rescission)

    The contract authority provided for fiscal year 2009 by 16 U.S.C. 
460l-10a is rescinded.


                  land acquisition and state assistance

                     (including rescission of funds)

    For expenses necessary to carry out the Land and Water Conservation 
Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including 
administrative expenses, and for acquisition of lands or waters, or 
interest therein, in accordance with the statutory authority applicable 
to the National Park Service, $65,190,000, to be derived from the Land 
and Water Conservation Fund and to remain available until expended, of 
which $20,000,000 is for the State assistance program and of which 
$4,000,000 is available for grants, subject to a match by at least an 
equal amount, to States, regional entities, local communities, and the 
private sector for cost-shared fee simple acquisition of land or 
permanent, protective interests in land, to preserve, conserve, and 
enhance nationally significant Civil War Battlefields: Provided, That 
of the unobligated balances under this heading for State Assistance, 
$1,000,000 are permanently rescinded.


                      urban park and recreation fund

                               (rescission)

    Of the unobligated balances available under this heading, 
$1,300,000 are rescinded.

                       administrative provisions

    In addition to other uses set forth in section 407(d) of Public Law 
105-391, franchise fees credited to a sub-account shall be available 
for expenditure by the Secretary, without further appropriation, for 
use at any unit within the National Park System to extinguish or reduce 
liability for Possessory Interest or leasehold surrender interest. Such 
funds may only be used for this purpose to the extent that the 
benefiting unit anticipated franchise fee receipts over the term of the 
contract at that unit exceed the amount of funds used to extinguish or 
reduce liability. Franchise fees at the benefiting unit shall be 
credited to the sub-account of the originating unit over a period not 
to exceed the term of a single contract at the benefiting unit, in the 
amount of funds so expended to extinguish or reduce liability.
    For fiscal year 2009 and hereafter, a willing seller from whom the 
Service acquires title to real property may be considered a ``displaced 
person'' for purposes of the Uniform Relocation Assistance and Real 
Property Acquisition Policy Act and its implementing regulations, 
whether or not the Service has the authority to acquire such property 
by eminent domain.
    For the costs of administration of the Land and Water Conservation 
Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico 
Energy Security Act of 2006 (Public Law 109-432), the National Park 
Service may retain up to 3 percent of the amounts which are authorized 
to be disbursed under such section, such retained amounts to remain 
available until expended.
    Section 3(f) of the Act of August 21, 1935 (16 U.S.C. 463(f)), 
related to the National Park System Advisory Board, is amended in the 
first sentence by striking ``2009'' and inserting ``2010''.

                    United States Geological Survey

                 surveys, investigations, and research

    For expenses necessary for the United States Geological Survey to 
perform surveys, investigations, and research covering topography, 
geology, hydrology, biology, and the mineral and water resources of the 
United States, its territories and possessions, and other areas as 
authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their 
mineral and water resources; give engineering supervision to power 
permittees and Federal Energy Regulatory Commission licensees; 
administer the minerals exploration program (30 U.S.C. 641); conduct 
inquiries into the economic conditions affecting mining and materials 
processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) 
and related purposes as authorized by law; and to publish and 
disseminate data relative to the foregoing activities; $1,043,803,000, 
to remain available until September 30, 2010, of which $64,078,000 
shall be available only for cooperation with States or municipalities 
for water resources investigations; of which $40,150,000 shall remain 
available until expended for satellite operations; and of which 
$7,321,000 shall be available until expended for deferred maintenance 
and capital improvement projects that exceed $100,000 in cost: 
Provided, That none of the funds provided for the biological research 
activity shall be used to conduct new surveys on private property, 
unless specifically authorized in writing by the property owner: 
Provided further, That no part of this appropriation shall be used to 
pay more than one-half the cost of topographic mapping or water 
resources data collection and investigations carried on in cooperation 
with States and municipalities.

                       administrative provisions

    From within the amount appropriated for activities of the United 
States Geological Survey such sums as are necessary shall be available 
for reimbursement to the General Services Administration for security 
guard services; contracting for the furnishing of topographic maps and 
for the making of geophysical or other specialized surveys when it is 
administratively determined that such procedures are in the public 
interest; construction and maintenance of necessary buildings and 
appurtenant facilities; acquisition of lands for gauging stations and 
observation wells; expenses of the United States National Committee on 
Geology; and payment of compensation and expenses of persons on the 
rolls of the Survey duly appointed to represent the United States in 
the negotiation and administration of interstate compacts: Provided, 
That activities funded by appropriations herein made may be 
accomplished through the use of contracts, grants, or cooperative 
agreements as defined in 31 U.S.C. 6302 et seq.: Provided further, That 
the United States Geological Survey may enter into contracts or 
cooperative agreements directly with individuals or indirectly with 
institutions or nonprofit organizations, without regard to 41 U.S.C. 5, 
for the temporary or intermittent services of students or recent 
graduates, who shall be considered employees for the purpose of 
chapters 57 and 81 of title 5, United States Code, relating to 
compensation for travel and work injuries, and chapter 171 of title 28, 
United States Code, relating to tort claims, but shall not be 
considered to be Federal employees for any other purposes.

                      Minerals Management Service


                 royalty and offshore minerals management

    For expenses necessary for minerals leasing and environmental 
studies, regulation of industry operations, and collection of 
royalties, as authorized by law; for enforcing laws and regulations 
applicable to oil, gas, and other minerals leases, permits, licenses 
and operating contracts; for energy-related or other authorized marine-
related purposes on the Outer Continental Shelf; and for matching 
grants or cooperative agreements, $157,373,000, to remain available 
until September 30, 2010, of which $86,684,000 shall be available for 
royalty management activities; and an amount not to exceed 
$146,730,000, to be credited to this appropriation and to remain 
available until expended, from additions to receipts resulting from 
increases to rates in effect on August 5, 1993, and from cost recovery 
fees: Provided, That in fiscal year 2009 and each fiscal year 
thereafter, fees and charges authorized by 31 U.S.C. 9701 may be 
collected only to the extent provided in advance in appropriations 
Acts: Provided further, That notwithstanding 31 U.S.C. 3302, in fiscal 
year 2009, such amounts as are assessed under 31 U.S.C. 9701 shall be 
collected and credited to this account and shall be available until 
expended for necessary expenses: Provided further, That to the extent 
$146,730,000 in addition to receipts are not realized from the sources 
of receipts stated above, the amount needed to reach $146,730,000 shall 
be credited to this appropriation from receipts resulting from rental 
rates for Outer Continental Shelf leases in effect before August 5, 
1993: Provided further, That the term ``qualified Outer Continental 
Shelf revenues'', as defined in section 102(9)(A) of the Gulf of Mexico 
Energy Security Act, division C of Public Law 109-432, shall include 
only the portion of rental revenues that would have been collected at 
the rental rates in effect before August 5, 1993: Provided further, 
That not to exceed $3,000 shall be available for reasonable expenses 
related to promoting volunteer beach and marine cleanup activities: 
Provided further, That notwithstanding any other provision of law, 
$15,000 under this heading shall be available for refunds of 
overpayments in connection with certain Indian leases in which the 
Director of MMS concurred with the claimed refund due, to pay amounts 
owed to Indian allottees or tribes, or to correct prior unrecoverable 
erroneous payments.


                            oil spill research

    For necessary expenses to carry out title I, section 1016, title 
IV, sections 4202 and 4303, title VII, and title VIII, section 8201 of 
the Oil Pollution Act of 1990, $6,303,000, which shall be derived from 
the Oil Spill Liability Trust Fund, to remain available until expended.


                         Administrative Provision

    Notwithstanding the provisions of section 35(b) of the Mineral 
Leasing Act, as amended (30 U.S.C. 191(b)), the Secretary shall deduct 
2 percent from the amount payable to each State in fiscal year 2009 and 
deposit the amount deducted to miscellaneous receipts of the Treasury.

          Office of Surface Mining Reclamation and Enforcement

                       regulation and technology

    For necessary expenses to carry out the provisions of the Surface 
Mining Control and Reclamation Act of 1977, Public Law 95-87, as 
amended, $120,156,000, to remain available until September 30, 2010: 
Provided, That, in fiscal year 2009 and thereafter, the Secretary of 
the Interior, pursuant to regulations, may use directly or through 
grants to States, moneys collected for civil penalties assessed under 
section 518 of the Surface Mining Control and Reclamation Act of 1977 
(30 U.S.C. 1268), to reclaim lands adversely affected by coal mining 
practices after August 3, 1977, to remain available until expended: 
Provided further, That appropriations for the Office of Surface Mining 
Reclamation and Enforcement may provide for the travel and per diem 
expenses of State and tribal personnel attending Office of Surface 
Mining Reclamation and Enforcement sponsored training.

                    abandoned mine reclamation fund


                     (including rescission of funds)

    For necessary expenses to carry out title IV of the Surface Mining 
Control and Reclamation Act of 1977, Public Law 95-87, as amended, 
$52,946,000, to be derived from receipts of the Abandoned Mine 
Reclamation Fund and to remain available until expended: Provided, That 
pursuant to Public Law 97-365, the Department of the Interior is 
authorized to use up to 20 percent from the recovery of the delinquent 
debt owed to the United States Government to pay for contracts to 
collect these debts: Provided further, That in fiscal year 2009 and 
hereafter, the State of Maryland may set aside the greater of 
$1,000,000 or 10 percent of the total of the grants made available to 
the State under title IV of the Act, if the amount set aside is 
deposited in an acid mine drainage abatement and treatment fund 
established under a State law, pursuant to which law the amount, 
together with all interest earned on the amount, is expended by the 
State to undertake acid mine drainage abatement and treatment projects, 
except that before any amounts greater than 10 percent of its title IV 
grants are deposited in an acid mine drainage abatement and treatment 
fund, the State of Maryland must first complete all Surface Mining 
Control and Reclamation Act priority one projects: Provided further, 
That of the unobligated balances available under this heading, 
$8,500,000 are permanently rescinded: Provided further, That amounts 
provided under this heading may be used for the travel and per diem 
expenses of State and tribal personnel attending Office of Surface 
Mining Reclamation and Enforcement sponsored training.

                        administrative provision

    With funds available for the Technical Innovation and Professional 
Services program in this Act, the Secretary may transfer title for 
computer hardware, software and other technical equipment to State and 
tribal regulatory and reclamation programs.

                        Bureau of Indian Affairs

                      operation of indian programs


                      (including transfer of funds)

    For expenses necessary for the operation of Indian programs, as 
authorized by law, including the Snyder Act of November 2, 1921 (25 
U.S.C. 13), the Indian Self-Determination and Education Assistance Act 
of 1975 (25 U.S.C. 450 et seq.), as amended, the Education Amendments 
of 1978 (25 U.S.C. 2001-2019), and the Tribally Controlled Schools Act 
of 1988 (25 U.S.C. 2501 et seq.), as amended, $2,128,630,000, to remain 
available until September 30, 2010 except as otherwise provided herein; 
of which not to exceed $8,500 may be for official reception and 
representation expenses; of which not to exceed $74,915,000 shall be 
for welfare assistance payments: Provided, That in cases of designated 
Federal disasters, the Secretary may exceed such cap, from the amounts 
provided herein, to provide for disaster relief to Indian communities 
affected by the disaster; notwithstanding any other provision of law, 
including but not limited to the Indian Self-Determination Act of 1975, 
as amended, not to exceed $147,294,000 shall be available for payments 
for contract support costs associated with ongoing contracts, grants, 
compacts, or annual funding agreements entered into with the Bureau 
prior to or during fiscal year 2009, as authorized by such Act, except 
that tribes and tribal organizations may use their tribal priority 
allocations for unmet contract support costs of ongoing contracts, 
grants, or compacts, or annual funding agreements and for unmet welfare 
assistance costs; of which not to exceed $499,470,000 for school 
operations costs of Bureau-funded schools and other education programs 
shall become available on July 1, 2009, and shall remain available 
until September 30, 2010; and of which not to exceed $58,623,000 shall 
remain available until expended for housing improvement, road 
maintenance, attorney fees, litigation support, the Indian Self-
Determination Fund, land records improvement, and the Navajo-Hopi 
Settlement Program: Provided further, That notwithstanding any other 
provision of law, including but not limited to the Indian Self-
Determination Act of 1975, as amended, and 25 U.S.C. 2008, not to 
exceed $43,373,000 within and only from such amounts made available for 
school operations shall be available for administrative cost grants 
associated with ongoing grants entered into with the Bureau prior to or 
during fiscal year 2008 for the operation of Bureau-funded schools, and 
up to $500,000 within and only from such amounts made available for 
administrative cost grants shall be available for the transitional 
costs of initial administrative cost grants to grantees that assume 
operation on or after July 1, 2008, of Bureau-funded schools: Provided 
further, That any forestry funds allocated to a tribe which remain 
unobligated as of September 30, 2010, may be transferred during fiscal 
year 2011 to an Indian forest land assistance account established for 
the benefit of the holder of the funds within the holder's trust fund 
account: Provided further, That any such unobligated balances not so 
transferred shall expire on September 30, 2011.

                              construction


                      (including transfer of funds)

    For construction, repair, improvement, and maintenance of 
irrigation and power systems, buildings, utilities, and other 
facilities, including architectural and engineering services by 
contract; acquisition of lands, and interests in lands; and preparation 
of lands for farming, and for construction of the Navajo Indian 
Irrigation Project pursuant to Public Law 87-483, $217,688,000, to 
remain available until expended: Provided, That such amounts as may be 
available for the construction of the Navajo Indian Irrigation Project 
may be transferred to the Bureau of Reclamation: Provided further, That 
not to exceed 6 percent of contract authority available to the Bureau 
of Indian Affairs from the Federal Highway Trust Fund may be used to 
cover the road program management costs of the Bureau: Provided 
further, That any funds provided for the Safety of Dams program 
pursuant to 25 U.S.C. 13 shall be made available on a nonreimbursable 
basis: Provided further, That for fiscal year 2009, in implementing new 
construction or facilities improvement and repair project grants in 
excess of $100,000 that are provided to grant schools under Public Law 
100-297, as amended, the Secretary of the Interior shall use the 
Administrative and Audit Requirements and Cost Principles for 
Assistance Programs contained in 43 CFR part 12 as the regulatory 
requirements: Provided further, That such grants shall not be subject 
to section 12.61 of 43 CFR; the Secretary and the grantee shall 
negotiate and determine a schedule of payments for the work to be 
performed: Provided further, That in considering grant applications, 
the Secretary shall consider whether such grantee would be deficient in 
assuring that the construction projects conform to applicable building 
standards and codes and Federal, tribal, or State health and safety 
standards as required by 25 U.S.C. 2005(b), with respect to 
organizational and financial management capabilities: Provided further, 
That if the Secretary declines a grant application, the Secretary shall 
follow the requirements contained in 25 U.S.C. 2504(f): Provided 
further, That any disputes between the Secretary and any grantee 
concerning a grant shall be subject to the disputes provision in 25 
U.S.C. 2507(e): Provided further, That in order to ensure timely 
completion of construction projects, the Secretary may assume control 
of a project and all funds related to the project, if, within eighteen 
months of the date of enactment of this Act, any grantee receiving 
funds appropriated in this Act or in any prior Act, has not completed 
the planning and design phase of the project and commenced 
construction: Provided further, That this appropriation may be 
reimbursed from the Office of the Special Trustee for American Indians 
appropriation for the appropriate share of construction costs for space 
expansion needed in agency offices to meet trust reform implementation.


  indian land and water claim settlements and miscellaneous payments to 
                                indians

    For payments and necessary administrative expenses for 
implementation of Indian land and water claim settlements pursuant to 
Public Laws 99-264, 100-580, 101-618, 108-447, 109-379, and 109-479, 
and for implementation of other land and water rights settlements, 
$21,627,000, to remain available until expended.

                 indian guaranteed loan program account

    For the cost of guaranteed loans, $8,186,000, of which $1,600,000 
is for administrative expenses, as authorized by the Indian Financing 
Act of 1974, as amended: Provided, That of the amounts provided herein 
for administrative expenses, $500,000 is for the modernization of a 
management and accounting system: Provided further, 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 these funds are available to subsidize total loan principal, any 
part of which is to be guaranteed, not to exceed $85,200,517.


                        Administrative Provisions

    The Bureau of Indian Affairs may carry out the operation of Indian 
programs by direct expenditure, contracts, cooperative agreements, 
compacts and grants, either directly or in cooperation with States and 
other organizations.
    Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs may 
contract for services in support of the management, operation, and 
maintenance of the Power Division of the San Carlos Irrigation Project.
    Appropriations for the Bureau of Indian Affairs (except the 
Revolving Fund for Loans Liquidating Account, Indian Loan Guaranty and 
Insurance Fund Liquidating Account, Indian Guaranteed Loan Financing 
Account, Indian Direct Loan Financing Account, and the Indian 
Guaranteed Loan Program account) shall be available for expenses of 
exhibits.
    Notwithstanding any other provision of law, no funds available to 
the Bureau of Indian Affairs for central office oversight and Executive 
Direction and Administrative Services (except executive direction and 
administrative services funding for Tribal Priority Allocations, 
regional offices, and facilities operations and maintenance) shall be 
available for contracts, grants, compacts, or cooperative agreements 
with the Bureau of Indian Affairs under the provisions of the Indian 
Self-Determination Act or the Tribal Self-Governance Act of 1994 
(Public Law 103-413).
    In the event any tribe returns appropriations made available by 
this Act to the Bureau of Indian Affairs, this action shall not 
diminish the Federal Government's trust responsibility to that tribe, 
or the government-to-government relationship between the United States 
and that tribe, or that tribe's ability to access future 
appropriations.
    Notwithstanding any other provision of law, no funds available to 
the Bureau, other than the amounts provided herein for assistance to 
public schools under 25 U.S.C. 452 et seq., shall be available to 
support the operation of any elementary or secondary school in the 
State of Alaska.
    Appropriations made available in this or any other Act for schools 
funded by the Bureau shall be available only to the schools in the 
Bureau school system as of September 1, 1996. No funds available to the 
Bureau shall be used to support expanded grades for any school or 
dormitory beyond the grade structure in place or approved by the 
Secretary of the Interior at each school in the Bureau school system as 
of October 1, 1995. Funds made available under this Act may not be used 
to establish a charter school at a Bureau-funded school (as that term 
is defined in section 1146 of the Education Amendments of 1978 (25 
U.S.C. 2026)), except that a charter school that is in existence on the 
date of the enactment of this Act and that has operated at a Bureau-
funded school before September 1, 1999, may continue to operate during 
that period, but only if the charter school pays to the Bureau a pro 
rata share of funds to reimburse the Bureau for the use of the real and 
personal property (including buses and vans), the funds of the charter 
school are kept separate and apart from Bureau funds, and the Bureau 
does not assume any obligation for charter school programs of the State 
in which the school is located if the charter school loses such 
funding. Employees of Bureau-funded schools sharing a campus with a 
charter school and performing functions related to the charter schools 
operation and employees of a charter school shall not be treated as 
Federal employees for purposes of chapter 171 of title 28, United 
States Code.
    Notwithstanding any other provision of law, including section 113 
of title I of appendix C of Public Law 106-113, if in fiscal year 2003 
or 2004 a grantee received indirect and administrative costs pursuant 
to a distribution formula based on section 5(f) of Public Law 101-301, 
the Secretary shall continue to distribute indirect and administrative 
cost funds to such grantee using the section 5(f) distribution formula.

                          Departmental Offices

                        Office of the Secretary


                          salaries and expenses

    For necessary expenses for management of the Department of the 
Interior, $107,264,000; of which not to exceed $15,000 may be for 
official reception and representation expenses; and of which up to 
$1,000,000 shall be available for workers compensation payments and 
unemployment compensation payments associated with the orderly closure 
of the United States Bureau of Mines: Provided, That, for fiscal year 
2009 up to $400,000 of the payments authorized by the Act of October 
20, 1976, as amended (31 U.S.C. 6901-6907) may be retained for 
administrative expenses of the Payments in Lieu of Taxes Program: 
Provided further, That no payment shall be made pursuant to that Act to 
otherwise eligible units of local government if the computed amount of 
the payment is less than $100.

            Management of Federal Lands for Subsistence Uses


                               (rescission)

    The unobligated balances under this heading as of the date of 
enactment of this provision are permanently rescinded.

                            Insular Affairs


                        Assistance to Territories

    For expenses necessary for assistance to territories under the 
jurisdiction of the Department of the Interior, $78,665,000, of which: 
(1) $69,815,000 shall remain available until expended for technical 
assistance, including maintenance assistance, disaster assistance, 
insular management controls, coral reef initiative activities, and 
brown tree snake control and research; grants to the judiciary in 
American Samoa for compensation and expenses, as authorized by law (48 
U.S.C. 1661(c)); grants to the Government of American Samoa, in 
addition to current local revenues, for construction and support of 
governmental functions; grants to the Government of the Virgin Islands 
as authorized by law; grants to the Government of Guam, as authorized 
by law; and grants to the Government of the Northern Mariana Islands as 
authorized by law (Public Law 94-241; 90 Stat. 272); and (2) $8,850,000 
shall be available until September 30, 2010 for salaries and expenses 
of the Office of Insular Affairs: Provided, That all financial 
transactions of the territorial and local governments herein provided 
for, including such transactions of all agencies or instrumentalities 
established or used by such governments, may be audited by the 
Government Accountability Office, at its discretion, in accordance with 
chapter 35 of title 31, United States Code: Provided further, That 
Northern Mariana Islands Covenant grant funding shall be provided 
according to those terms of the Agreement of the Special 
Representatives on Future United States Financial Assistance for the 
Northern Mariana Islands approved by Public Law 104-134: Provided 
further, That of the amounts provided for technical assistance, 
sufficient funds shall be made available for a grant to the Pacific 
Basin Development Council: Provided further, That of the amounts 
provided for technical assistance, sufficient funding shall be made 
available for a grant to the Close Up Foundation: Provided further, 
That the funds for the program of operations and maintenance 
improvement are appropriated to institutionalize routine operations and 
maintenance improvement of capital infrastructure with territorial 
participation and cost sharing to be determined by the Secretary based 
on the grantee's commitment to timely maintenance of its capital 
assets: Provided further, That any appropriation for disaster 
assistance under this heading in this Act or previous appropriations 
Acts may be used as non-Federal matching funds for the purpose of 
hazard mitigation grants provided pursuant to section 404 of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5170c).


                       compact of free association

    For grants and necessary expenses, $5,318,000, to remain available 
until expended, as provided for in sections 221(a)(2), 221(b), and 233 
of the Compact of Free Association for the Republic of Palau; and 
section 221(a)(2) of the Compacts of Free Association for the 
Government of the Republic of the Marshall Islands and the Federated 
States of Micronesia, as authorized by Public Law 99-658 and Public Law 
108-188.

                        Office of the Solicitor

                         salaries and expenses

    For necessary expenses of the Office of the Solicitor, $62,050,000.

                      Office of Inspector General


                          salaries and expenses

    For necessary expenses of the Office of Inspector General, 
$45,953,000.

           Office of the Special Trustee for American Indians


                          federal trust programs

                      (including transfer of funds)

    For the operation of trust programs for Indians by direct 
expenditure, contracts, cooperative agreements, compacts, and grants, 
$181,648,000, to remain available until expended, of which not to 
exceed $56,445,000 from this or any other Act, shall be available for 
historical accounting: Provided, That funds for trust management 
improvements and litigation support may, as needed, be transferred to 
or merged with the Bureau of Indian Affairs, ``Operation of Indian 
Programs'' account; the Office of the Solicitor, ``Salaries and 
Expenses'' account; and the Office of the Secretary, ``Salaries and 
Expenses'' account: Provided further, That funds made available through 
contracts or grants obligated during fiscal year 2009, as authorized by 
the Indian Self-Determination Act of 1975 (25 U.S.C. 450 et seq.), 
shall remain available until expended by the contractor or grantee: 
Provided further, That, notwithstanding any other provision of law, the 
statute of limitations shall not commence to run on any claim, 
including any claim in litigation pending on the date of the enactment 
of this Act, concerning losses to or mismanagement of trust funds, 
until the affected tribe or individual Indian has been furnished with 
an accounting of such funds from which the beneficiary can determine 
whether there has been a loss: Provided further, That, notwithstanding 
any other provision of law, the Secretary shall not be required to 
provide a quarterly statement of performance for any Indian trust 
account that has not had activity for at least 18 months and has a 
balance of $15.00 or less: Provided further, That the Secretary shall 
issue an annual account statement and maintain a record of any such 
accounts and shall permit the balance in each such account to be 
withdrawn upon the express written request of the account holder: 
Provided further, That not to exceed $50,000 is available for the 
Secretary to make payments to correct administrative errors of either 
disbursements from or deposits to Individual Indian Money or Tribal 
accounts after September 30, 2002: Provided further, That erroneous 
payments that are recovered shall be credited to and remain available 
in this account for this purpose: Provided further, That not to exceed 
$6,000,000 may be transferred from unobligated balances (Treasury 
Accounts 14X6039, 14X6803 and 14X8030) for the purpose of one-time 
accounting reconciliations of the balances, as sanctioned by the Chief 
Financial Officers Act of 1990, American Indian Trust Fund Management 
Reform Act of 1994 and the Federal Managers' Financial Integrity Act 
(FMFIA).

                        Department-wide Programs


                         wildland fire management

                      (including transfers of funds)

    For necessary expenses for fire preparedness, suppression 
operations, fire science and research, emergency rehabilitation, 
hazardous fuels reduction, and rural fire assistance by the Department 
of the Interior, $859,453,000, to remain available until expended, of 
which not to exceed $6,137,000 shall be for the renovation or 
construction of fire facilities: Provided, That such funds are also 
available for repayment of advances to other appropriation accounts 
from which funds were previously transferred for such purposes: 
Provided further, That persons hired pursuant to 43 U.S.C. 1469 may be 
furnished subsistence and lodging without cost from funds available 
from this appropriation: Provided further, That notwithstanding 42 
U.S.C. 1856d, sums received by a bureau or office of the Department of 
the Interior for fire protection rendered pursuant to 42 U.S.C. 1856 et 
seq., protection of United States property, may be credited to the 
appropriation from which funds were expended to provide that 
protection, and are available without fiscal year limitation: Provided 
further, That using the amounts designated under this title of this 
Act, the Secretary of the Interior may enter into procurement 
contracts, grants, or cooperative agreements, for hazardous fuels 
reduction activities, and for training and monitoring associated with 
such hazardous fuels reduction activities, on Federal land, or on 
adjacent non-Federal land for activities that benefit resources on 
Federal land: Provided further, That the costs of implementing any 
cooperative agreement between the Federal Government and any non-
Federal entity may be shared, as mutually agreed on by the affected 
parties: Provided further, That notwithstanding requirements of the 
Competition in Contracting Act, the Secretary, for purposes of 
hazardous fuels reduction activities, may obtain maximum practicable 
competition among: (1) local private, nonprofit, or cooperative 
entities; (2) Youth Conservation Corps crews, Public Lands Corps 
(Public Law 109-154), or related partnerships with State, local, or 
non-profit youth groups; (3) small or micro-businesses; or (4) other 
entities that will hire or train locally a significant percentage, 
defined as 50 percent or more, of the project workforce to complete 
such contracts: Provided further, That in implementing this section, 
the Secretary shall develop written guidance to field units to ensure 
accountability and consistent application of the authorities provided 
herein: Provided further, That funds appropriated under this head may 
be used to reimburse the United States Fish and Wildlife Service and 
the National Marine Fisheries Service for the costs of carrying out 
their responsibilities under the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.) to consult and conference, as required by section 
7 of such Act, in connection with wildland fire management activities: 
Provided further, That the Secretary of the Interior may use wildland 
fire appropriations to enter into non-competitive sole source leases of 
real property with local governments, at or below fair market value, to 
construct capitalized improvements for fire facilities on such leased 
properties, including but not limited to fire guard stations, retardant 
stations, and other initial attack and fire support facilities, and to 
make advance payments for any such lease or for construction activity 
associated with the lease: Provided further, That the Secretary of the 
Interior and the Secretary of Agriculture may authorize the transfer of 
funds appropriated for wildland fire management, in an aggregate amount 
not to exceed $10,000,000, between the Departments when such transfers 
would facilitate and expedite jointly funded wildland fire management 
programs and projects: Provided further, That funds provided for 
wildfire suppression shall be available for support of Federal 
emergency response actions.

                    central hazardous materials fund

    For necessary expenses of the Department of the Interior and any of 
its component offices and bureaus for the remedial action, including 
associated activities, of hazardous waste substances, pollutants, or 
contaminants pursuant to the Comprehensive Environmental Response, 
Compensation, and Liability Act, as amended (42 U.S.C. 9601 et seq.), 
$10,148,000, to remain available until expended.


            Natural Resource Damage Assessment and Restoration

                 natural resource damage assessment fund

    To conduct natural resource damage assessment and restoration 
activities by the Department of the Interior necessary to carry out the 
provisions of the Comprehensive Environmental Response, Compensation, 
and Liability Act, as amended (42 U.S.C. 9601 et seq.), the Federal 
Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.), the 
Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and Public Law 101-
337, as amended (16 U.S.C. 19jj et seq.), $6,338,000, to remain 
available until expended.


                           working capital fund

    For the acquisition of a departmental financial and business 
management system, $73,435,000, to remain available until expended: 
Provided, That none of the funds in this Act or previous appropriations 
Acts may be used to establish reserves in the Working Capital Fund 
account other than for accrued annual leave and depreciation of 
equipment without prior approval of the House and Senate Committees on 
Appropriations.

                       administrative provisions

    There is hereby authorized for acquisition from available resources 
within the Working Capital Fund, 15 aircraft, 10 of which shall be for 
replacement and which may be obtained by donation, purchase or through 
available excess surplus property: Provided, That existing aircraft 
being replaced may be sold, with proceeds derived or trade-in value 
used to offset the purchase price for the replacement aircraft.

             General Provisions, Department of the Interior


                      (including transfers of funds)

    Sec. 101. Appropriations made in this title shall be available for 
expenditure or transfer (within each bureau or office), with the 
approval of the Secretary, for the emergency reconstruction, 
replacement, or repair of aircraft, buildings, utilities, or other 
facilities or equipment damaged or destroyed by fire, flood, storm, or 
other unavoidable causes: Provided, That no funds shall be made 
available under this authority until funds specifically made available 
to the Department of the Interior for emergencies shall have been 
exhausted: Provided further, That all funds used pursuant to this 
section must be replenished by a supplemental appropriation which must 
be requested as promptly as possible.
    Sec. 102. The Secretary may authorize the expenditure or transfer 
of any no year appropriation in this title, in addition to the amounts 
included in the budget programs of the several agencies, for the 
suppression or emergency prevention of wildland fires on or threatening 
lands under the jurisdiction of the Department of the Interior; for the 
emergency rehabilitation of burned-over lands under its jurisdiction; 
for emergency actions related to potential or actual earthquakes, 
floods, volcanoes, storms, or other unavoidable causes; for contingency 
planning subsequent to actual oil spills; for response and natural 
resource damage assessment activities related to actual oil spills; for 
the prevention, suppression, and control of actual or potential 
grasshopper and Mormon cricket outbreaks on lands under the 
jurisdiction of the Secretary, pursuant to the authority in section 
1773(b) of Public Law 99-198 (99 Stat. 1658); for emergency reclamation 
projects under section 410 of Public Law 95-87; and shall transfer, 
from any no year funds available to the Office of Surface Mining 
Reclamation and Enforcement, such funds as may be necessary to permit 
assumption of regulatory authority in the event a primacy State is not 
carrying out the regulatory provisions of the Surface Mining Act: 
Provided, That appropriations made in this title for wildland fire 
operations shall be available for the payment of obligations incurred 
during the preceding fiscal year, and for reimbursement to other 
Federal agencies for destruction of vehicles, aircraft, or other 
equipment in connection with their use for wildland fire operations, 
such reimbursement to be credited to appropriations currently available 
at the time of receipt thereof: Provided further, That for wildland 
fire operations, no funds shall be made available under this authority 
until the Secretary determines that funds appropriated for ``wildland 
fire operations'' shall be exhausted within 30 days: Provided further, 
That all funds used pursuant to this section must be replenished by a 
supplemental appropriation which must be requested as promptly as 
possible: Provided further, That such replenishment funds shall be used 
to reimburse, on a pro rata basis, accounts from which emergency funds 
were transferred.
    Sec. 103. Appropriations made to the Department of the Interior in 
this title shall be available for services as authorized by 5 U.S.C. 
3109, when authorized by the Secretary, in total amount not to exceed 
$500,000; purchase and replacement of motor vehicles, including 
specially equipped law enforcement vehicles; hire, maintenance, and 
operation of aircraft; hire of passenger motor vehicles; purchase of 
reprints; payment for telephone service in private residences in the 
field, when authorized under regulations approved by the Secretary; and 
the payment of dues, when authorized by the Secretary, for library 
membership in societies or associations which issue publications to 
members only or at a price to members lower than to subscribers who are 
not members.
    Sec. 104. Appropriations made in this Act under the headings Bureau 
of Indian Affairs and Office of the Special Trustee for American 
Indians and any unobligated balances from prior appropriations Acts 
made under the same headings shall be available for expenditure or 
transfer for Indian trust management and reform activities. Total 
funding for historical accounting activities shall not exceed amounts 
specifically designated in this Act for such purpose.
    Sec. 105. Notwithstanding any other provision of law, the Secretary 
of the Interior is authorized to redistribute any Tribal Priority 
Allocation funds, including tribal base funds, to alleviate tribal 
funding inequities by transferring funds to address identified, unmet 
needs, dual enrollment, overlapping service areas or inaccurate 
distribution methodologies. No tribe shall receive a reduction in 
Tribal Priority Allocation funds of more than 10 percent in fiscal year 
2009. Under circumstances of dual enrollment, overlapping service areas 
or inaccurate distribution methodologies, the 10 percent limitation 
does not apply.
    Sec. 106. Notwithstanding any other provision of law, in conveying 
the Twin Cities Research Center under the authority provided by Public 
Law 104-134, as amended by Public Law 104-208, the Secretary may accept 
and retain land and other forms of reimbursement: Provided, That the 
Secretary may retain and use any such reimbursement until expended and 
without further appropriation: (1) for the benefit of the National 
Wildlife Refuge System within the State of Minnesota; and (2) for all 
activities authorized by 16 U.S.C. 460zz.
    Sec. 107. The Secretary of the Interior may use discretionary funds 
to pay private attorney fees and costs for employees and former 
employees of the Department of the Interior reasonably incurred in 
connection with Cobell v. Kempthorne to the extent that such fees and 
costs are not paid by the Department of Justice or by private 
insurance. In no case shall the Secretary make payments under this 
section that would result in payment of hourly fees in excess of the 
highest hourly rate approved by the District Court for the District of 
Columbia for counsel in Cobell v. Kempthorne.
    Sec. 108. The United States Fish and Wildlife Service shall, in 
carrying out its responsibilities to protect threatened and endangered 
species of salmon, implement a system of mass marking of salmonid 
stocks, intended for harvest, that are released from federally operated 
or federally financed hatcheries including but not limited to fish 
releases of coho, chinook, and steelhead species. Marked fish must have 
a visible mark that can be readily identified by commercial and 
recreational fishers.
    Sec. 109. No funds appropriated for the Department of the Interior 
by this Act or any other Act shall be used to study or implement any 
plan to drain Lake Powell or to reduce the water level of the lake 
below the range of water levels required for the operation of the Glen 
Canyon Dam.
    Sec. 110. Notwithstanding any other provision of law, the Secretary 
of the Interior is authorized to acquire lands, waters, or interests 
therein including the use of all or part of any pier, dock, or landing 
within the State of New York and the State of New Jersey, for the 
purpose of operating and maintaining facilities in the support of 
transportation and accommodation of visitors to Ellis, Governors, and 
Liberty Islands, and of other program and administrative activities, by 
donation or with appropriated funds, including franchise fees (and 
other monetary consideration), or by exchange; and the Secretary is 
authorized to negotiate and enter into leases, subleases, concession 
contracts or other agreements for the use of such facilities on such 
terms and conditions as the Secretary may determine reasonable.
    Sec. 111. Title 43 U.S.C. 1473, as amended by Public Law 110-161, 
is further amended by deleting the phrase ``in fiscal year 2008 only'' 
and inserting in lieu thereof ``in fiscal years 2008 and 2009 only''.
    Sec. 112. No funds appropriated or otherwise made available to the 
Department of the Interior may be used, in relation to any proposal to 
store water for the purpose of export, for approval of any right-of-way 
or similar authorization on the Mojave National Preserve or lands 
managed by the Needles Field Office of the Bureau of Land Management, 
or for carrying out any activities associated with such right-of-way or 
similar approval.
    Sec. 113. The Secretary of the Interior may enter into cooperative 
agreements with a State or political subdivision (including any agency 
thereof), or any not-for-profit organization if the agreement will: (1) 
serve a mutual interest of the parties to the agreement in carrying out 
the programs administered by the Department of the Interior; and (2) 
all parties will contribute resources to the accomplishment of these 
objectives. At the discretion of the Secretary, such agreements shall 
not be subject to a competitive process.
    Sec. 114. Funds provided in this Act for Federal land acquisition 
by the National Park Service for Shenandoah Valley Battlefields 
National Historic District and Ice Age National Scenic Trail may be 
used for a grant to a State, a local government, or any other land 
management entity for the acquisition of lands without regard to any 
restriction on the use of Federal land acquisition funds provided 
through the Land and Water Conservation Fund Act of 1965 as amended.
    Sec. 115. Sections 109 and 110 of the Federal Oil and Gas Royalty 
Management Act (30 U.S.C. 1719 and 1720) shall apply to any lease 
authorizing exploration for or development of coal, any other solid 
mineral, or any geothermal resource on any Federal or Indian lands and 
any lease, easement, right of way, or other agreement, regardless of 
form, for use of the Outer Continental Shelf or any of its resources 
under sections 8(k) or 8(p) of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1337(k) and 1337(p)) to the same extent as if such lease, 
easement, right of way, or other agreement, regardless of form, were an 
oil and gas lease, except that in such cases the term ``royalty 
payment'' shall include any payment required by such lease, easement, 
right of way or other agreement, regardless of form, or by applicable 
regulation.
    Sec. 116. The Pittsford National Fish Hatchery in Chittenden, 
Vermont is hereby renamed the Dwight D. Eisenhower National Fish 
Hatchery.
    Sec. 117. Section 6 of the Great Sand Dunes National Park and 
Preserve Act of 2000 (16 U.S.C. 410hhh-4) is amended--
        (1) in subsection (a)--
            (A) by striking ``(a) Establishment.--(1) When'' and 
        inserting the following:
    ``(a) Establishment and Purpose.--
        ``(1) Establishment.--
            ``(A) In general.--When'';
            (B) in paragraph (2), by striking ``(2) Such 
        establishment'' and inserting the following:
            ``(B) Effective date.--The establishment of the refuge 
        under subparagraph (A)''; and
            (C) by adding at the end the following:
        ``(2) Purpose.--The purpose of the Baca National Wildlife 
    Refuge shall be to restore, enhance, and maintain wetland, upland, 
    riparian, and other habitats for native wildlife, plant, and fish 
    species in the San Luis Valley.'';
        (2) in subsection (c)--
            (A) by striking ``The Secretary'' and inserting the 
        following:
        ``(1) In general.--The Secretary''; and
            (B) by adding at the end the following:
        ``(2) Requirements.--In administering the Baca National 
    Wildlife Refuge, the Secretary shall, to the maximum extent 
    practicable--
            ``(A) emphasize migratory bird conservation; and
            ``(B) take into consideration the role of the Refuge in 
        broader landscape conservation efforts.''; and
        (3) in subsection (d)--
            (A) in paragraph (1), by striking ``and'' at the end;
            (B) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
            (C) by adding at the end the following:
        ``(3) subject to any agreement in existence as of the date of 
    enactment of this paragraph, and to the extent consistent with the 
    purposes of the Refuge, use decreed water rights on the Refuge in 
    approximately the same manner that the water rights have been used 
    historically.''.
    Sec. 118. None of the funds in this Act may be used to further 
reduce the number of Axis or Fallow deer at Point Reyes National 
Seashore below the number as of the date of enactment of this Act.

                                TITLE II

                    ENVIRONMENTAL PROTECTION AGENCY

                         Science and Technology

    For science and technology, including research and development 
activities, which shall include research and development activities 
under the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980, as amended; necessary expenses for personnel and 
related costs and travel expenses; procurement of laboratory equipment 
and supplies; and other operating expenses in support of research and 
development, $790,051,000, to remain available until September 30, 
2010.

                 Environmental Programs and Management

    For environmental programs and management, including necessary 
expenses, not otherwise provided for, for personnel and related costs 
and travel expenses; hire of passenger motor vehicles; hire, 
maintenance, and operation of aircraft; purchase of reprints; library 
memberships in societies or associations which issue publications to 
members only or at a price to members lower than to subscribers who are 
not members; administrative costs of the brownfields program under the 
Small Business Liability Relief and Brownfields Revitalization Act of 
2002; and not to exceed $19,000 for official reception and 
representation expenses, $2,392,079,000, to remain available until 
September 30, 2010: Provided, That of the funds included under this 
heading, not less than $95,846,000 shall be for the Geographic Programs 
specified in the explanatory statement described in section 4 (in the 
matter preceding division A of this consolidated Act).

                      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, as 
amended, $44,791,000, to remain available until September 30, 2010.

                        Buildings and Facilities

    For construction, repair, improvement, extension, alteration, and 
purchase of fixed equipment or facilities of, or for use by, the 
Environmental Protection Agency, $35,001,000, to remain available until 
expended.

                     Hazardous Substance Superfund


                      (including transfers of funds)

    For necessary expenses to carry out the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended, 
including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 
9611) $1,285,024,000, to remain available until expended, consisting of 
such sums as are available in the Trust Fund on September 30, 2008, as 
authorized by section 517(a) of the Superfund Amendments and 
Reauthorization Act of 1986 (SARA) and up to $1,285,024,000 as a 
payment from general revenues to the Hazardous Substance Superfund for 
purposes as authorized by section 517(b) of SARA, as amended: Provided, 
That funds appropriated under this heading may be allocated to other 
Federal agencies in accordance with section 111(a) of CERCLA: Provided 
further, That of the funds appropriated under this heading, $9,975,000 
shall be paid to the ``Office of Inspector General'' appropriation to 
remain available until September 30, 2010, and $26,417,000 shall be 
paid to the ``Science and Technology'' appropriation to remain 
available until September 30, 2010.

          Leaking Underground Storage Tank Trust Fund Program

    For necessary expenses to carry out leaking underground storage 
tank cleanup activities authorized by subtitle I of the Solid Waste 
Disposal Act, as amended, $112,577,000, to remain available until 
expended, of which $77,077,000 shall be for carrying out leaking 
underground storage tank cleanup activities authorized by section 
9003(h) of the Solid Waste Disposal Act, as amended; $35,500,000 shall 
be for carrying out the other provisions of the Solid Waste Disposal 
Act specified in section 9508(c) of the Internal Revenue Code, as 
amended: Provided, That the Administrator is authorized to use 
appropriations made available under this heading to implement section 
9013 of the Solid Waste Disposal Act to provide financial assistance to 
federally recognized Indian tribes for the development and 
implementation of programs to manage underground storage tanks.

                           Oil Spill Response

    For expenses necessary to carry out the Environmental Protection 
Agency's responsibilities under the Oil Pollution Act of 1990, 
$17,687,000, to be derived from the Oil Spill Liability trust fund, to 
remain available until expended.

                   State and Tribal Assistance Grants

    For environmental programs and infrastructure assistance, including 
capitalization grants for State revolving funds and performance 
partnership grants, $2,968,464,000, to remain available until expended, 
of which $689,080,000 shall be for making capitalization grants for the 
Clean Water State Revolving Funds under title VI of the Federal Water 
Pollution Control Act, as amended (the ``Act''); of which up to 
$75,000,000 shall be available for loans, including interest free loans 
as authorized by 33 U.S.C. 1383(d)(1)(A), to municipal, inter-
municipal, interstate, or State agencies or nonprofit entities for 
projects that provide treatment for or that minimize sewage or 
stormwater discharges using one or more approaches which include, but 
are not limited to, decentralized or distributed stormwater controls, 
decentralized wastewater treatment, low-impact development practices, 
conservation easements, stream buffers, or wetlands restoration; 
$829,029,000 shall be for capitalization grants for the Drinking Water 
State Revolving Funds under section 1452 of the Safe Drinking Water 
Act, as amended; $20,000,000 shall be for architectural, engineering, 
planning, design, construction and related activities in connection 
with the construction of high priority water and wastewater facilities 
in the area of the United States-Mexico Border, after consultation with 
the appropriate border commission; $18,500,000 shall be for grants to 
the State of Alaska to address drinking water and waste infrastructure 
needs of rural and Alaska Native Villages: Provided, That, of these 
funds: (1) the State of Alaska shall provide a match of 25 percent; (2) 
no more than 5 percent of the funds may be used for administrative and 
overhead expenses; and (3) the State of Alaska shall make awards 
consistent with the State-wide priority list established in conjunction 
with the Agency and the U.S. Department of Agriculture for all water, 
sewer, waste disposal, and similar projects carried out by the State of 
Alaska that are funded under section 221 of the Federal Water Pollution 
Control Act (33 U.S.C. 1301) or the Consolidated Farm and Rural 
Development Act (7 U.S.C. 1921 et seq.) which shall allocate not less 
than 25 percent of the funds provided for projects in regional hub 
communities; $145,000,000 shall be for making special project grants 
for the construction of drinking water, wastewater and storm water 
infrastructure and for water quality protection in accordance with the 
terms and conditions specified for such grants in the explanatory 
statement described in section 4 (in the matter preceding division A of 
this consolidated Act), and, for purposes of these grants, each grantee 
shall contribute not less than 45 percent of the cost of the project 
unless the grantee is approved for a waiver by the Agency; $97,000,000 
shall be to carry out section 104(k) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended, 
including grants, interagency agreements, and associated program 
support costs; $60,000,000 shall be for grants under title VII, 
subtitle G of the Energy Policy Act of 2005, as amended; $15,000,000 
shall be for grants for cost-effective emission reduction projects in 
accordance with the terms and conditions of the explanatory statement 
described in section 4 (in the matter preceding division A of this 
consolidated Act); and $1,094,855,000 shall be for grants, including 
associated program support costs, to States, federally recognized 
tribes, interstate agencies, tribal consortia, and air pollution 
control agencies for multi-media or single media pollution prevention, 
control and abatement and related activities, including activities 
pursuant to the provisions set forth under this heading in Public Law 
104-134, and for making grants under section 103 of the Clean Air Act 
for particulate matter monitoring and data collection activities 
subject to terms and conditions specified by the Administrator, of 
which $49,495,000 shall be for carrying out section 128 of CERCLA, as 
amended, $10,000,000 shall be for Environmental Information Exchange 
Network grants, including associated program support costs, $18,500,000 
of the funds available for grants under section 106 of the Act shall be 
for water quality monitoring activities, $10,000,000 shall be for 
competitive grants to communities to develop plans and demonstrate and 
implement projects which reduce greenhouse gas emissions, and, in 
addition to funds appropriated under the heading ``Leaking Underground 
Storage Tank Trust Fund Program'' to carry out the provisions of the 
Solid Waste Disposal Act specified in section 9508(c) of the Internal 
Revenue Code other than section 9003(h) of the Solid Waste Disposal 
Act, as amended, $2,500,000 shall be for grants to States under section 
2007(f)(2) of the Solid Waste Disposal Act, as amended: Provided 
further, That notwithstanding section 603(d)(7) of the Federal Water 
Pollution Control Act, the limitation on the amounts in a State water 
pollution control revolving fund that may be used by a State to 
administer the fund shall not apply to amounts included as principal in 
loans made by such fund in fiscal year 2009 and prior years where such 
amounts represent costs of administering the fund to the extent that 
such amounts are or were deemed reasonable by the Administrator, 
accounted for separately from other assets in the fund, and used for 
eligible purposes of the fund, including administration: Provided 
further, That for fiscal year 2009, and notwithstanding section 518(f) 
of the Act, the Administrator is authorized to use the amounts 
appropriated for any fiscal year under section 319 of that Act to make 
grants to federally recognized Indian tribes pursuant to sections 
319(h) and 518(e) of that Act: Provided further, That for fiscal year 
2009, notwithstanding the limitation on amounts in section 518(c) of 
the Act, up to a total of 1\1/2\ percent of the funds appropriated for 
State Revolving Funds under title VI of that Act may be reserved by the 
Administrator for grants under section 518(c) of that Act: Provided 
further, That no funds provided by this appropriations Act to address 
the water, wastewater and other critical infrastructure needs of the 
colonias in the United States along the United States-Mexico border 
shall be made available to a county or municipal government unless that 
government has established an enforceable local ordinance, or other 
zoning rule, which prevents in that jurisdiction the development or 
construction of any additional colonia areas, or the development within 
an existing colonia the construction of any new home, business, or 
other structure which lacks water, wastewater, or other necessary 
infrastructure.

       Administrative Provisions, Environmental Protection Agency


                     (including rescission of funds)

    For fiscal year 2009, notwithstanding 31 U.S.C. 6303(1) and 
6305(1), the Administrator of the Environmental Protection Agency, in 
carrying out the Agency's function to implement directly Federal 
environmental programs required or authorized by law in the absence of 
an acceptable tribal program, may award cooperative agreements to 
federally recognized Indian Tribes or Intertribal consortia, if 
authorized by their member Tribes, to assist the Administrator in 
implementing Federal environmental programs for Indian Tribes required 
or authorized by law, except that no such cooperative agreements may be 
awarded from funds designated for State financial assistance 
agreements.
    The Administrator of the Environmental Protection Agency is 
authorized to collect and obligate pesticide registration service fees 
in accordance with section 33 of the Federal Insecticide, Fungicide, 
and Rodenticide Act, as amended by Public Law 110-94, the Pesticide 
Registration Improvement Renewal Act.
    For fiscal year 2009 and thereafter, the Science and Technology and 
Environmental Programs and Management Accounts are available for 
uniforms, or allowances therefore, as authorized by 5 U.S.C. 5901-02 
and for services as authorized by 5 U.S.C. 3109, but at rates for 
individuals not to exceed the daily equivalent of the rate paid for 
level IV of the Executive Schedule. Unless specifically authorized by 
law, for fiscal year 2009 and thereafter, none of the funds available 
under this title for grants may be used to pay for the salaries of 
individual consultants at more than the daily equivalent of the rate 
paid for level IV of the Executive Schedule.
    None of the funds made available by this Act may be used in 
contravention of, or to delay the implementation of, Executive Order 
No. 12898 of February 11, 1994 (59 Fed. Reg. 7629; relating to Federal 
actions to address environmental justice in minority populations and 
low-income populations).
    Title II of Public Law 109-54, under the heading Administrative 
Provisions, is amended: in the fourth paragraph, strike ``make not to 
exceed five appointments in any fiscal year under the authority 
provided in 42 U.S.C. 209 for the Office of Research and Development'' 
and insert ``employ up to thirty persons at any one time in the Office 
of Research and Development under the authority provided in 42 U.S.C. 
209''.
    From unobligated balances to carry out projects and activities 
funded through the State and Tribal Assistance Grants Account, 
$10,000,000 are permanently rescinded.
    Of the funds provided in the Environmental Programs and Management 
Account, not less than $6,500,000 shall be used for activities to 
develop and publish a final rule not later than June 26, 2009, and to 
begin implementation, to require mandatory reporting of greenhouse gas 
emissions above appropriate thresholds in all sectors of the economy of 
the United States, as required by Public Law 110-161.
    For fiscal year 2009 and thereafter, the Science and Technology, 
Environmental Programs and Management, Office of Inspector General, 
Hazardous Substance Superfund, and Leaking Underground Storage Tank 
Trust Fund Program Accounts, are available for the construction, 
alteration, repair, rehabilitation, and renovation of facilities 
provided that the cost does not exceed $85,000 per project.

                               TITLE III

                            RELATED AGENCIES

                       DEPARTMENT OF AGRICULTURE

                             Forest Service


                      forest and rangeland research

    For necessary expenses of forest and rangeland research as 
authorized by law, $296,380,000, to remain available until expended: 
Provided, That of the funds provided, $60,770,000 is for the forest 
inventory and analysis program.

                       state and private forestry

    For necessary expenses of cooperating with and providing technical 
and financial assistance to States, territories, possessions, and 
others, and for forest health management, including treatments of 
pests, pathogens, and invasive or noxious plants and for restoring and 
rehabilitating forests damaged by pests or invasive plants, cooperative 
forestry, and education and land conservation activities and conducting 
an international program as authorized, $265,861,000, to remain 
available until expended, as authorized by law; and of which 
$49,445,000 is to be derived from the Land and Water Conservation Fund.


                          National Forest System

                     (including rescission of funds)

    For necessary expenses of the Forest Service, not otherwise 
provided for, for management, protection, improvement, and utilization 
of the National Forest System, $1,514,805,000, to remain available 
until expended, which shall include 50 percent of all moneys received 
during prior fiscal years as fees collected under the Land and Water 
Conservation Fund Act of 1965, as amended, in accordance with section 4 
of the Act (16 U.S.C. 460l-6a(i)): Provided, That of the unobligated 
balances in this account, $5,000,000 are rescinded.

                  capital improvement and maintenance


                      (including transfer of funds)

    For necessary expenses of the Forest Service, not otherwise 
provided for, $495,393,000, to remain available until expended, for 
construction, capital improvement, maintenance and acquisition of 
buildings and other facilities and infrastructure; and for 
construction, capital improvement, decommissioning, and maintenance of 
forest roads and trails by the Forest Service as authorized by 16 
U.S.C. 532-538 and 23 U.S.C. 101 and 205: Provided, That $50,000,000 
shall be designated for urgently needed road decommissioning, road and 
trail repair and maintenance and associated activities, and removal of 
fish passage barriers, especially in areas where Forest Service roads 
may be contributing to water quality problems in streams and water 
bodies which support threatened, endangered or sensitive species or 
community water sources: Provided further, That up to $40,000,000 of 
the funds provided herein for road maintenance shall be available for 
the decommissioning of roads, including unauthorized roads not part of 
the transportation system, which are no longer needed: Provided 
further, That no funds shall be expended to decommission any system 
road until notice and an opportunity for public comment has been 
provided on each decommissioning project: Provided further, That the 
decommissioning of unauthorized roads not part of the official 
transportation system shall be expedited in response to threats to 
public safety, water quality, or natural resources: Provided further, 
That funds becoming available in fiscal year 2009 under the Act of 
March 4, 1913 (16 U.S.C. 501) shall be transferred to the General Fund 
of the Treasury and shall not be available for transfer or obligation 
for any other purpose unless the funds are appropriated.


                             land acquisition

    For expenses necessary to carry out the provisions of the Land and 
Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4 
through 11), including administrative expenses, and for acquisition of 
land or waters, or interest therein, in accordance with statutory 
authority applicable to the Forest Service, $49,775,000, to be derived 
from the Land and Water Conservation Fund and to remain available until 
expended.


          acquisition of lands for national forests special acts

    For acquisition of lands within the exterior boundaries of the 
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National 
Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland 
National Forests, California, as authorized by law, $1,050,000, to be 
derived from forest receipts.

            acquisition of lands to complete land exchanges

    For acquisition of lands, such sums, to be derived from funds 
deposited by State, county, or municipal governments, public school 
districts, or other public school authorities, and for authorized 
expenditures from funds deposited by non-Federal parties pursuant to 
Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967, 
as amended (16 U.S.C. 484a), to remain available until expended. (16 
U.S.C. 4601-516-617a, 555a; Public Law 96-586; Public Law 76-589, 76-
591; and 78-310).


                          range betterment fund

    For necessary expenses of range rehabilitation, protection, and 
improvement, 50 percent of all moneys received during the prior fiscal 
year, as fees for grazing domestic livestock on lands in National 
Forests in the 16 Western States, pursuant to section 401(b)(1) of 
Public Law 94-579, as amended, to remain available until expended, of 
which not to exceed 6 percent shall be available for administrative 
expenses associated with on-the-ground range rehabilitation, 
protection, and improvements.


     gifts, donations and bequests for forest and rangeland research

    For expenses authorized by 16 U.S.C. 1643(b), $50,000, to remain 
available until expended, to be derived from the fund established 
pursuant to the above Act.


         management of national forest lands for subsistence uses

    For necessary expenses of the Forest Service to manage Federal 
lands in Alaska for subsistence uses under title VIII of the Alaska 
National Interest Lands Conservation Act (Public Law 96-487), 
$5,000,000, to remain available until expended.


                         wildland fire management

                      (including transfers of funds)

    For necessary expenses for forest fire presuppression activities on 
National Forest System lands, for emergency fire suppression on or 
adjacent to such lands or other lands under fire protection agreement, 
hazardous fuels reduction on or adjacent to such lands, and for 
emergency rehabilitation of burned-over National Forest System lands 
and water, $2,131,630,000, to remain available until expended: 
Provided, That such funds including unobligated balances under this 
heading, are available for repayment of advances from other 
appropriations accounts previously transferred for such purposes: 
Provided further, That such funds shall be available to reimburse State 
and other cooperating entities for services provided in response to 
wildfire and other emergencies or disasters to the extent such 
reimbursements by the Forest Service for non-fire emergencies are fully 
repaid by the responsible emergency management agency: Provided 
further, That, notwithstanding any other provision of law, $8,000,000 
of funds appropriated under this appropriation shall be used for Fire 
Science Research in support of the Joint Fire Science Program: Provided 
further, That all authorities for the use of funds, including the use 
of contracts, grants, and cooperative agreements, available to execute 
the Forest and Rangeland Research appropriation, are also available in 
the utilization of these funds for Fire Science Research: Provided 
further, That funds provided shall be available for emergency 
rehabilitation and restoration, hazardous fuels reduction activities in 
the urban-wildland interface, support to Federal emergency response, 
and wildfire suppression activities of the Forest Service: Provided 
further, That of the funds provided, $328,086,000 is for hazardous 
fuels reduction activities, $11,500,000 is for rehabilitation and 
restoration, $23,917,000 is for research activities and to make 
competitive research grants pursuant to the Forest and Rangeland 
Renewable Resources Research Act, as amended (16 U.S.C. 1641 et seq.), 
$55,000,000 is for State fire assistance, $9,000,000 is for volunteer 
fire assistance, $17,252,000 is for forest health activities on Federal 
lands and $9,928,000 is for forest health activities on State and 
private lands: Provided further, That amounts in this paragraph may be 
transferred to the ``State and Private Forestry'', ``National Forest 
System'', and ``Forest and Rangeland Research'' accounts to fund State 
fire assistance, volunteer fire assistance, forest health management, 
forest and rangeland research, the Joint Fire Science Program, 
vegetation and watershed management, heritage site rehabilitation, and 
wildlife and fish habitat management and restoration: Provided further, 
That up to $15,000,000 of the funds provided under this heading for 
hazardous fuels treatments may be transferred to and made a part of the 
``National Forest System'' account at the sole discretion of the Chief 
of the Forest Service 30 days after notifying the House and the Senate 
Committees on Appropriations: Provided further, That the costs of 
implementing any cooperative agreement between the Federal Government 
and any non-Federal entity may be shared, as mutually agreed on by the 
affected parties: Provided further, That in addition to funds provided 
for State Fire Assistance programs, and subject to all authorities 
available to the Forest Service under the State and Private Forestry 
Appropriation, up to $15,000,000 may be used on adjacent non-Federal 
lands for the purpose of protecting communities when hazard reduction 
activities are planned on national forest lands that have the potential 
to place such communities at risk: Provided further, That funds made 
available to implement the Community Forest Restoration Act, Public Law 
106-393, title VI, shall be available for use on non-Federal lands in 
accordance with authorities available to the Forest Service under the 
State and Private Forestry Appropriation: Provided further, That the 
Secretary of the Interior and the Secretary of Agriculture may 
authorize the transfer of funds appropriated for wildland fire 
management, in an aggregate amount not to exceed $10,000,000, between 
the Departments when such transfers would facilitate and expedite 
jointly funded wildland fire management programs and projects: Provided 
further, That of the funds provided for hazardous fuels reduction, not 
to exceed $5,000,000, may be used to make grants, using any authorities 
available to the Forest Service under the State and Private Forestry 
appropriation, for the purpose of creating incentives for increased use 
of biomass from national forest lands: Provided further, That funds 
designated for wildfire suppression shall be assessed for cost pools on 
the same basis as such assessments are calculated against other agency 
programs.


                Administrative Provisions, Forest Service

    Appropriations to the Forest Service for the current fiscal year 
shall be available for: (1) purchase of passenger motor vehicles; 
acquisition of passenger motor vehicles from excess sources, and hire 
of such vehicles; purchase, lease, operation, maintenance, and 
acquisition of aircraft from excess sources to maintain the operable 
fleet for use in Forest Service wildland fire programs and other Forest 
Service programs; notwithstanding other provisions of law, existing 
aircraft being replaced may be sold, with proceeds derived or trade-in 
value used to offset the purchase price for the replacement aircraft; 
(2) services pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for 
employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration 
of buildings and other public improvements (7 U.S.C. 2250); (4) 
acquisition of land, waters, and interests therein pursuant to 7 U.S.C. 
428a; (5) for expenses pursuant to the Volunteers in the National 
Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost 
of uniforms as authorized by 5 U.S.C. 5901-5902; and (7) for debt 
collection contracts in accordance with 31 U.S.C. 3718(c).
    Any appropriations or funds available to the Forest Service may be 
transferred to the Wildland Fire Management appropriation for forest 
firefighting, emergency rehabilitation of burned-over or damaged lands 
or waters under its jurisdiction, and fire preparedness due to severe 
burning conditions upon notification of the House and Senate Committees 
on Appropriations and if and only if all previously appropriated 
emergency contingent funds under the heading ``Wildland Fire 
Management'' have been released by the President and apportioned and 
all wildfire suppression funds under the heading ``Wildland Fire 
Management'' are obligated.
    Funds appropriated to the Forest Service shall be available for 
assistance to or through the Agency for International Development in 
connection with forest and rangeland research, technical information, 
and assistance in foreign countries, and shall be available to support 
forestry and related natural resource activities outside the United 
States and its territories and possessions, including technical 
assistance, education and training, and cooperation with United States 
and international organizations.
    None of the funds made available to the Forest Service in this Act 
or any other Act with respect to any fiscal year shall be subject to 
transfer under the provisions of section 702(b) of the Department of 
Agriculture Organic Act of 1944 (7 U.S.C. 2257), section 442 of Public 
Law 106-224 (7 U.S.C. 7772), or section 10417(b) of Public Law 107-107 
(7 U.S.C. 8316(b)).
    None of the funds available to the Forest Service may be 
reprogrammed without the advance approval of the House and Senate 
Committees on Appropriations in accordance with the reprogramming 
procedures contained in the explanatory statement described in section 
4 (in the matter preceding division A of this consolidated Act).
    Not more than $73,285,000 of funds available to the Forest Service 
shall be transferred to the Working Capital Fund of the Department of 
Agriculture and not more than $19,400,000 of funds available to the 
Forest Service shall be transferred to the Department of Agriculture 
for Department Reimbursable Programs, commonly referred to as Greenbook 
charges. Nothing in this paragraph shall prohibit or limit the use of 
reimbursable agreements requested by the Forest Service in order to 
obtain services from the Department of Agriculture's National 
Information Technology Center.
    Funds available to the Forest Service shall be available to conduct 
a program of up to $5,000,000 for priority projects within the scope of 
the approved budget, of which $2,500,000 shall be carried out by the 
Youth Conservation Corps and $2,500,000 shall be carried out under the 
authority of the Public Lands Corps Healthy Forests Restoration Act of 
2005, Public Law 109-154.
    Of the funds available to the Forest Service, $4,000 is available 
to the Chief of the Forest Service for official reception and 
representation expenses.
    Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of 
the funds available to the Forest Service, $3,000,000 may be advanced 
in a lump sum to the National Forest Foundation to aid conservation 
partnership projects in support of the Forest Service mission, without 
regard to when the Foundation incurs expenses, for administrative 
expenses or projects on or benefitting National Forest System lands or 
related to Forest Service programs: Provided, That the Foundation shall 
obtain, by the end of the period of Federal financial assistance, 
private contributions to match on at least one-for-one basis funds made 
available by the Forest Service: Provided further, That the Foundation 
may transfer Federal funds to Federal or a non-Federal recipient for a 
project at the same rate that the recipient has obtained the non-
Federal matching funds: Provided further, That authorized investments 
of Federal funds held by the Foundation may be made only in interest-
bearing obligations of the United States or in obligations guaranteed 
as to both principal and interest by the United States.
    Pursuant to section 2(b)(2) of Public Law 98-244, $3,000,000 of the 
funds available to the Forest Service shall be advanced to the National 
Fish and Wildlife Foundation in a lump sum to aid cost-share 
conservation projects, without regard to when expenses are incurred, on 
or benefitting National Forest System lands or related to Forest 
Service programs: Provided, That such funds shall be matched on at 
least a one-for-one basis by the Foundation or its sub-recipients: 
Provided further, That the Foundation may transfer Federal funds to a 
Federal or non-Federal recipient for a project at the same rate that 
the recipient has obtained the non-Federal matching funds.
    Funds appropriated to the Forest Service shall be available for 
interactions with and providing technical assistance to rural 
communities and natural resource-based businesses for sustainable rural 
development purposes.
    Funds appropriated to the Forest Service shall be available for 
payments to counties within the Columbia River Gorge National Scenic 
Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of 
Public Law 99-663.
    An eligible individual who is employed in any project funded under 
title V of the Older American Act of 1965 (42 U.S.C. 3056 et seq.) and 
administered by the Forest Service shall be considered to be a Federal 
employee for purposes of chapter 171 of title 28, United States Code.
    Any funds appropriated to the Forest Service may be used to meet 
the non-Federal share requirement in section 502(c) of the Older 
American Act of 1965 (42 U.S.C. 3056(c)(2)).
    Funds available to the Forest Service, not to exceed $50,000,000, 
shall be assessed for the purpose of performing facilities maintenance. 
Such assessments shall occur using a square foot rate charged on the 
same basis the agency uses to assess programs for payment of rent, 
utilities, and other support services.
    Notwithstanding any other provision of law, any appropriations or 
funds available to the Forest Service not to exceed $500,000 may be 
used to reimburse the Office of the General Counsel (OGC), Department 
of Agriculture, for travel and related expenses incurred as a result of 
OGC assistance or participation requested by the Forest Service at 
meetings, training sessions, management reviews, land purchase 
negotiations and similar non-litigation related matters. Future budget 
justifications for both the Forest Service and the Department of 
Agriculture should clearly display the sums previously transferred and 
the requested funding transfers.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         Indian Health Service


                          Indian Health Services

    For expenses necessary to carry out the Act of August 5, 1954 (68 
Stat. 674), the Indian Self-Determination Act, the Indian Health Care 
Improvement Act, and titles II and III of the Public Health Service Act 
with respect to the Indian Health Service, $3,190,956,000, together 
with payments received during the fiscal year pursuant to 42 U.S.C. 
238(b) and 238b for services furnished by the Indian Health Service: 
Provided, That funds made available to tribes and tribal organizations 
through contracts, grant agreements, or any other agreements or 
compacts authorized by the Indian Self-Determination and Education 
Assistance Act of 1975 (25 U.S.C. 450), shall be deemed to be obligated 
at the time of the grant or contract award and thereafter shall remain 
available to the tribe or tribal organization without fiscal year 
limitation: Provided further, That $634,477,000 for contract medical 
care, including $31,000,000 for the Indian Catastrophic Health 
Emergency Fund, shall remain available until expended: Provided 
further, That no less than $36,189,000 is provided for maintaining 
operations of the urban Indian health program: Provided further, That 
of the funds provided, up to $32,000,000 shall remain available until 
expended for implementation of the loan repayment program under section 
108 of the Indian Health Care Improvement Act: Provided further, That 
$16,391,000 is provided for the methamphetamine and suicide prevention 
and treatment initiative and $7,500,000 is provided for the domestic 
violence prevention initiative and, notwithstanding any other provision 
of law, the amounts available under this proviso shall be allocated at 
the discretion of the Director of the Indian Health Service and shall 
remain available until expended: Provided further, That funds provided 
in this Act may be used for one-year contracts and grants which are to 
be performed in two fiscal years, so long as the total obligation is 
recorded in the year for which the funds are appropriated: Provided 
further, That the amounts collected by the Secretary of Health and 
Human Services under the authority of title IV of the Indian Health 
Care Improvement Act shall remain available until expended for the 
purpose of achieving compliance with the applicable conditions and 
requirements of titles XVIII and XIX of the Social Security Act 
(exclusive of planning, design, or construction of new facilities): 
Provided further, That funding contained herein, and in any earlier 
appropriations Acts for scholarship programs under the Indian Health 
Care Improvement Act (25 U.S.C. 1613) shall remain available until 
expended: Provided further, That amounts received by tribes and tribal 
organizations under title IV of the Indian Health Care Improvement Act 
shall be reported and accounted for and available to the receiving 
tribes and tribal organizations until expended: Provided further, That, 
notwithstanding any other provision of law, of the amounts provided 
herein, not to exceed $282,398,000 shall be for payments to tribes and 
tribal organizations for contract or grant support costs associated 
with contracts, grants, self-governance compacts, or annual funding 
agreements between the Indian Health Service and a tribe or tribal 
organization pursuant to the Indian Self-Determination Act of 1975, as 
amended, prior to or during fiscal year 2009, of which not to exceed 
$5,000,000 may be used for contract support costs associated with new 
or expanded self-determination contracts, grants, self-governance 
compacts, or annual funding agreements: Provided further, That the 
Bureau of Indian Affairs may collect from the Indian Health Service, 
tribes and tribal organizations operating health facilities pursuant to 
Public Law 93-638, such individually identifiable health information 
relating to disabled children as may be necessary for the purpose of 
carrying out its functions under the Individuals with Disabilities 
Education Act (20 U.S.C. 1400, et seq.): Provided further, That the 
Indian Health Care Improvement Fund may be used, as needed, to carry 
out activities typically funded under the Indian Health Facilities 
account.


                         Indian Health Facilities

    For construction, repair, maintenance, improvement, and equipment 
of health and related auxiliary facilities, including quarters for 
personnel; preparation of plans, specifications, and drawings; 
acquisition of sites, purchase and erection of modular buildings, and 
purchases of trailers; and for provision of domestic and community 
sanitation facilities for Indians, as authorized by section 7 of the 
Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination 
Act, and the Indian Health Care Improvement Act, and for expenses 
necessary to carry out such Acts and titles II and III of the Public 
Health Service Act with respect to environmental health and facilities 
support activities of the Indian Health Service, $390,168,000, to 
remain available until expended: Provided, That notwithstanding any 
other provision of law, funds appropriated for the planning, design, 
construction or renovation of health facilities for the benefit of an 
Indian tribe or tribes may be used to purchase land for sites to 
construct, improve, or enlarge health or related facilities: Provided 
further, That not to exceed $500,000 shall be used by the Indian Health 
Service to purchase TRANSAM equipment from the Department of Defense 
for distribution to the Indian Health Service and tribal facilities: 
Provided further, That none of the funds appropriated to the Indian 
Health Service may be used for sanitation facilities construction for 
new homes funded with grants by the housing programs of the United 
States Department of Housing and Urban Development: Provided further, 
That not to exceed $2,700,000 from this account and the ``Indian Health 
Services'' account shall be used by the Indian Health Service to obtain 
ambulances for the Indian Health Service and tribal facilities in 
conjunction with an existing interagency agreement between the Indian 
Health Service and the General Services Administration: Provided 
further, That not to exceed $500,000 shall be placed in a Demolition 
Fund, available until expended, to be used by the Indian Health Service 
for demolition of Federal buildings.


             administrative provisions, indian health service

    Appropriations in this Act to the Indian Health Service shall be 
available for services as authorized by 5 U.S.C. 3109 but at rates not 
to exceed the per diem rate equivalent to the maximum rate payable for 
senior-level positions under 5 U.S.C. 5376; hire of passenger motor 
vehicles and aircraft; purchase of medical equipment; purchase of 
reprints; purchase, renovation and erection of modular buildings and 
renovation of existing facilities; payments for telephone service in 
private residences in the field, when authorized under regulations 
approved by the Secretary; and for uniforms or allowances therefor as 
authorized by 5 U.S.C. 5901-5902; and for expenses of attendance at 
meetings that relate to the functions or activities for which the 
appropriation is made or otherwise contribute to the improved conduct, 
supervision, or management of those functions or activities.
    In accordance with the provisions of the Indian Health Care 
Improvement Act, non-Indian patients may be extended health care at all 
tribally administered or Indian Health Service facilities, subject to 
charges, and the proceeds along with funds recovered under the Federal 
Medical Care Recovery Act (42 U.S.C. 2651-2653) shall be credited to 
the account of the facility providing the service and shall be 
available without fiscal year limitation. Notwithstanding any other law 
or regulation, funds transferred from the Department of Housing and 
Urban Development to the Indian Health Service shall be administered 
under Public Law 86-121, the Indian Sanitation Facilities Act and 
Public Law 93-638, as amended.
    Funds appropriated to the Indian Health Service in this Act, except 
those used for administrative and program direction purposes, shall not 
be subject to limitations directed at curtailing Federal travel and 
transportation.
    None of the funds made available to the Indian Health Service in 
this Act shall be used for any assessments or charges by the Department 
of Health and Human Services unless identified in the budget 
justification and provided in this Act, or approved by the House and 
Senate Committees on Appropriations through the reprogramming process.
    Notwithstanding any other provision of law, funds previously or 
herein made available to a tribe or tribal organization through a 
contract, grant, or agreement authorized by title I or title V of the 
Indian Self-Determination and Education Assistance Act of 1975 (25 
U.S.C. 450), may be deobligated and reobligated to a self-determination 
contract under title I, or a self-governance agreement under title V of 
such Act and thereafter shall remain available to the tribe or tribal 
organization without fiscal year limitation.
    None of the funds made available to the Indian Health Service in 
this Act shall be used to implement the final rule published in the 
Federal Register on September 16, 1987, by the Department of Health and 
Human Services, relating to the eligibility for the health care 
services of the Indian Health Service until the Indian Health Service 
has submitted a budget request reflecting the increased costs 
associated with the proposed final rule, and such request has been 
included in an appropriations Act and enacted into law.
    With respect to functions transferred by the Indian Health Service 
to tribes or tribal organizations, the Indian Health Service is 
authorized to provide goods and services to those entities, on a 
reimbursable basis, including payment in advance with subsequent 
adjustment. The reimbursements received therefrom, along with the funds 
received from those entities pursuant to the Indian Self-Determination 
Act, may be credited to the same or subsequent appropriation account 
that provided the funding, with such amounts to remain available until 
expended.
    Reimbursements for training, technical assistance, or services 
provided by the Indian Health Service will contain total costs, 
including direct, administrative, and overhead associated with the 
provision of goods, services, or technical assistance.
    The appropriation structure for the Indian Health Service may not 
be altered without advance notification to the House and Senate 
Committees on Appropriations.

                     National Institutes of Health


           National Institute of Environmental Health Sciences

    For necessary expenses for the National Institute of Environmental 
Health Sciences in carrying out activities set forth in section 311(a) 
of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980, as amended, and section 126(g) of the Superfund 
Amendments and Reauthorization Act of 1986, $78,074,000.

            Agency for Toxic Substances and Disease Registry


             Toxic Substances and Environmental Public Health

    For necessary expenses for the Agency for Toxic Substances and 
Disease Registry (ATSDR) in carrying out activities set forth in 
sections 104(i) and 111(c)(4) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended; 
section 118(f) of the Superfund Amendments and Reauthorization Act of 
1986 (SARA), as amended; and section 3019 of the Solid Waste Disposal 
Act, as amended, $74,039,000, of which up to $1,000 to remain available 
until expended, is for Individual Learning Accounts for full-time 
equivalent employees of the Agency for Toxic Substances and Disease 
Registry: Provided, That notwithstanding any other provision of law, in 
lieu of performing a health assessment under section 104(i)(6) of 
CERCLA, the Administrator of ATSDR may conduct other appropriate health 
studies, evaluations, or activities, including, without limitation, 
biomedical testing, clinical evaluations, medical monitoring, and 
referral to accredited health care providers: Provided further, That in 
performing any such health assessment or health study, evaluation, or 
activity, the Administrator of ATSDR shall not be bound by the 
deadlines in section 104(i)(6)(A) of CERCLA: Provided further, That 
none of the funds appropriated under this heading shall be available 
for ATSDR to issue in excess of 40 toxicological profiles pursuant to 
section 104(i) of CERCLA during fiscal year 2009, and existing profiles 
may be updated as necessary.

                         OTHER RELATED AGENCIES

                   Executive Office of the President

  council on environmental quality and office of environmental quality

    For necessary expenses to continue functions assigned to the 
Council on Environmental Quality and Office of Environmental Quality 
pursuant to the National Environmental Policy Act of 1969, the 
Environmental Quality Improvement Act of 1970, and Reorganization Plan 
No. 1 of 1977, and not to exceed $750 for official reception and 
representation expenses, $2,703,000: Provided, That notwithstanding 
section 202 of the National Environmental Policy Act of 1970, the 
Council shall consist of one member, appointed by the President, by and 
with the advice and consent of the Senate, serving as chairman and 
exercising all powers, functions, and duties of the Council.

             Chemical Safety and Hazard Investigation Board


                          Salaries and Expenses

                      (including transfer of funds)

    For necessary expenses in carrying out activities pursuant to 
section 112(r)(6) of the Clean Air Act, as amended, including hire of 
passenger vehicles, uniforms or allowances therefor, as authorized by 5 
U.S.C. 5901-5902, and for services authorized by 5 U.S.C. 3109 but at 
rates for individuals not to exceed the per diem equivalent to the 
maximum rate payable for senior level positions under 5 U.S.C. 5376, 
$10,199,000: Provided, That the Chemical Safety and Hazard 
Investigation Board (Board) shall have not more than three career 
Senior Executive Service positions: Provided further, That 
notwithstanding any other provision of law, the individual appointed to 
the position of Inspector General of the Environmental Protection 
Agency (EPA) shall, by virtue of such appointment, also hold the 
position of Inspector General of the Board: Provided further, That 
notwithstanding any other provision of law, the Inspector General of 
the Board shall utilize personnel of the Office of Inspector General of 
EPA in performing the duties of the Inspector General of the Board, and 
shall not appoint any individuals to positions within the Board: 
Provided further, That of the funds appropriated under this heading, 
$300,000 shall be paid to the ``Office of Inspector General'' 
appropriation of the Environmental Protection Agency.

              Office of Navajo and Hopi Indian Relocation


                          salaries and expenses

    For necessary expenses of the Office of Navajo and Hopi Indian 
Relocation as authorized by Public Law 93-531, $7,530,000, to remain 
available until expended: Provided, That funds provided in this or any 
other appropriations Act are to be used to relocate eligible 
individuals and groups including evictees from District 6, Hopi-
partitioned lands residents, those in significantly substandard 
housing, and all others certified as eligible and not included in the 
preceding categories: Provided further, That none of the funds 
contained in this or any other Act may be used by the Office of Navajo 
and Hopi Indian Relocation to evict any single Navajo or Navajo family 
who, as of November 30, 1985, was physically domiciled on the lands 
partitioned to the Hopi Tribe unless a new or replacement home is 
provided for such household: Provided further, That no relocatee will 
be provided with more than one new or replacement home: Provided 
further, That the Office shall relocate any certified eligible 
relocatees who have selected and received an approved homesite on the 
Navajo reservation or selected a replacement residence off the Navajo 
reservation or on the land acquired pursuant to 25 U.S.C. 640d-10.

    Institute of American Indian and Alaska Native Culture and Arts 
                              Development

                        payment to the institute

    For payment to the Institute of American Indian and Alaska Native 
Culture and Arts Development, as authorized by title XV of Public Law 
99-498, as amended (20 U.S.C. 56 part A), $7,900,000.

                        Smithsonian Institution


                          salaries and expenses

    For necessary expenses of the Smithsonian Institution, as 
authorized by law, including research in the fields of art, science, 
and history; development, preservation, and documentation of the 
National Collections; presentation of public exhibits and performances; 
collection, preparation, dissemination, and exchange of information and 
publications; conduct of education, training, and museum assistance 
programs; maintenance, alteration, operation, lease (for terms not to 
exceed 30 years), and protection of buildings, facilities, and 
approaches; not to exceed $100,000 for services as authorized by 5 
U.S.C. 3109; and purchase, rental, repair, and cleaning of uniforms for 
employees, $593,400,000, of which not to exceed $19,352,000 for the 
instrumentation program, collections acquisition, exhibition 
reinstallation, the National Museum of African American History and 
Culture, and the repatriation of skeletal remains program shall remain 
available until expended; and of which $1,553,000 for fellowships and 
scholarly awards shall remain available until September 30, 2010; and 
including such funds as may be necessary to support American overseas 
research centers: Provided, That funds appropriated herein are 
available for advance payments to independent contractors performing 
research services or participating in official Smithsonian 
presentations.

                           facilities capital

    For necessary expenses of repair, revitalization, and alteration of 
facilities owned or occupied by the Smithsonian Institution, by 
contract or otherwise, as authorized by section 2 of the Act of August 
22, 1949 (63 Stat. 623), and for construction, including necessary 
personnel, $123,000,000, to remain available until expended, of which 
not to exceed $10,000 is for services as authorized by 5 U.S.C. 3109.


                               Legacy Fund

    For major restoration, renovation, and rehabilitation of existing 
Smithsonian facilities, $15,000,000, to remain available until 
expended: Provided, That such funds may be made available in 
incremental amounts for individual projects after being matched by an 
equal amount in private donations, which shall not include in-kind 
contributions: Provided further, That none of the funds made available 
under this heading, or any required matching funds, shall be used for 
day-to-day maintenance, general salaries and expenses, or programmatic 
purposes: Provided further, That the total amount of private 
contributions may be adjusted to reflect any provision in this or any 
other appropriations Act that affects the overall amount of the Federal 
appropriation for this Fund.

                        National Gallery of Art


                          salaries and expenses

    For the upkeep and operations of the National Gallery of Art, the 
protection and care of the works of art therein, and administrative 
expenses incident thereto, as authorized by the Act of March 24, 1937 
(50 Stat. 51), as amended by the public resolution of April 13, 1939 
(Public Resolution 9, Seventy-sixth Congress), including services as 
authorized by 5 U.S.C. 3109; payment in advance when authorized by the 
treasurer of the Gallery for membership in library, museum, and art 
associations or societies whose publications or services are available 
to members only, or to members at a price lower than to the general 
public; purchase, repair, and cleaning of uniforms for guards, and 
uniforms, or allowances therefor, for other employees as authorized by 
law (5 U.S.C. 5901-5902); purchase or rental of devices and services 
for protecting buildings and contents thereof, and maintenance, 
alteration, improvement, and repair of buildings, approaches, and 
grounds; and purchase of services for restoration and repair of works 
of art for the National Gallery of Art by contracts made, without 
advertising, with individuals, firms, or organizations at such rates or 
prices and under such terms and conditions as the Gallery may deem 
proper, $105,388,000, of which not to exceed $3,350,000 for the special 
exhibition program shall remain available until expended.


             repair, restoration and renovation of buildings

    For necessary expenses of repair, restoration and renovation of 
buildings, grounds and facilities owned or occupied by the National 
Gallery of Art, by contract or otherwise, as authorized, $17,368,000, 
to remain available until expended: Provided, That contracts awarded 
for environmental systems, protection systems, and exterior repair or 
renovation of buildings of the National Gallery of Art may be 
negotiated with selected contractors and awarded on the basis of 
contractor qualifications as well as price.

             John F. Kennedy Center for the Performing Arts


                        operations and maintenance

    For necessary expenses for the operation, maintenance and security 
of the John F. Kennedy Center for the Performing Arts, $21,300,000.


                      capital repair and restoration

    For necessary expenses for capital repair and restoration of the 
existing features of the building and site of the John F. Kennedy 
Center for the Performing Arts, $15,064,000, to remain available until 
expended.

            Woodrow Wilson International Center for Scholars

                         salaries and expenses

    For expenses necessary in carrying out the provisions of the 
Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of 
passenger vehicles and services as authorized by 5 U.S.C. 3109, 
$10,000,000.

           National Foundation on the Arts and the Humanities

                    National Endowment for the Arts


                        grants and administration

                      (including transfer of funds)

    For necessary expenses to carry out the National Foundation on the 
Arts and the Humanities Act of 1965, as amended, $155,000,000 shall be 
available to the National Endowment for the Arts for the support of 
projects and productions in the arts, including arts education and 
public outreach activities, through assistance to organizations and 
individuals pursuant to section 5 of the Act, for program support, and 
for administering the functions of the Act, to remain available until 
expended: Provided, That funds appropriated herein shall be expended in 
accordance with sections 309 and 311 of Public Law 108-447: Provided 
further, That hereinafter funds previously appropriated to the National 
Endowment for the Arts ``Challenge America'' account may be transferred 
to and merged with this account.

                 National Endowment for the Humanities


                        Grants and Administration

    For necessary expenses to carry out the National Foundation on the 
Arts and the Humanities Act of 1965, as amended, $155,000,000, to 
remain available until expended, of which $140,700,000 shall be 
available for support of activities in the humanities, pursuant to 
section 7(c) of the Act and for administering the functions of the Act; 
and $14,300,000 shall be available to carry out the matching grants 
program pursuant to section 10(a)(2) of the Act including $9,300,000 
for the purposes of section 7(h): Provided, That appropriations for 
carrying out section 10(a)(2) shall be available for obligation only in 
such amounts as may be equal to the total amounts of gifts, bequests, 
and devises of money, and other property accepted by the chairman or by 
grantees of the Endowment under the provisions of subsections 
11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal 
years for which equal amounts have not previously been appropriated.


                         Administrative Provision

    None of the funds appropriated to the National Foundation on the 
Arts and the Humanities may be used to process any grant or contract 
documents which do not include the text of 18 U.S.C. 1913: Provided, 
That none of the funds appropriated to the National Foundation on the 
Arts and the Humanities may be used for official reception and 
representation expenses: Provided further, That funds from 
nonappropriated sources may be used as necessary for official reception 
and representation expenses: Provided further, That the Chairperson of 
the National Endowment for the Arts may approve grants of up to 
$10,000, if in the aggregate this amount does not exceed 5 percent of 
the sums appropriated for grant-making purposes per year: Provided 
further, That such small grant actions are taken pursuant to the terms 
of an expressed and direct delegation of authority from the National 
Council on the Arts to the Chairperson.

                        Commission of Fine Arts

                         salaries and expenses

    For expenses made necessary by the Act establishing a Commission of 
Fine Arts (40 U.S.C. 104), $2,234,000: Provided, That the Commission is 
authorized to charge fees to cover the full costs of its publications, 
and such fees shall be credited to this account as an offsetting 
collection, to remain available until expended without further 
appropriation.


                National Capital Arts and Cultural Affairs

    For necessary expenses as authorized by Public Law 99-190 (20 
U.S.C. 956a), as amended, $9,500,000: Provided, That no organization 
shall receive a grant in excess of $650,000 in a single year.

               Advisory Council on Historic Preservation


                          salaries and expenses

    For necessary expenses of the Advisory Council on Historic 
Preservation (Public Law 89-665, as amended), $5,498,000: Provided, 
That none of these funds shall be available for compensation of level V 
of the Executive Schedule or higher positions.

                  National Capital Planning Commission


                          salaries and expenses

    For necessary expenses, as authorized by the National Capital 
Planning Act of 1952 (40 U.S.C. 71-71i), including services as 
authorized by 5 U.S.C. 3109, $8,328,000: Provided, That one-quarter of 
1 percent of the funds provided under this heading may be used for 
official reception and representational expenses associated with 
hosting international visitors engaged in the planning and physical 
development of world capitals.

                United States Holocaust Memorial Museum


                        holocaust memorial museum

    For expenses of the Holocaust Memorial Museum, as authorized by 
Public Law 106-292 (36 U.S.C. 2301-2310), $47,260,000, of which 
$515,000 for the Museum's equipment replacement program, $1,900,000 for 
the museum's repair and rehabilitation program and $1,264,000 for the 
museum's exhibition design and production program shall remain 
available until expended.

                             Presidio Trust


                           Presidio Trust Fund

    For necessary expenses to carry out title I of the Omnibus Parks 
and Public Lands Management Act of 1996, $17,450,000 shall be available 
to the Presidio Trust, to remain available until expended.

                Dwight D. Eisenhower Memorial Commission


                          Salaries and Expenses

    For necessary expenses, including the costs of construction design, 
of the Dwight D. Eisenhower Memorial Commission, $2,000,000, to remain 
available until expended.

                                TITLE IV

                           GENERAL PROVISIONS


                      (including transfers of funds)

    Sec. 401. The expenditure of any appropriation under this Act for 
any consulting service through procurement contract, pursuant to 5 
U.S.C. 3109, shall be limited to those contracts where such 
expenditures are a matter of public record and available for public 
inspection, except where otherwise provided under existing law, or 
under existing Executive Order issued pursuant to existing law.
    Sec. 402. No part of any appropriation contained in this Act shall 
be available for any activity or the publication or distribution of 
literature that in any way tends to promote public support or 
opposition to any legislative proposal on which Congressional action is 
not complete other than to communicate to Members of Congress as 
described in 18 U.S.C. 1913.
    Sec. 403. 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. 404. None of the funds provided in this Act to any department 
or agency shall be obligated or expended to provide a personal cook, 
chauffeur, or other personal servants to any officer or employee of 
such department or agency except as otherwise provided by law.
    Sec. 405. Estimated overhead charges, deductions, reserves or 
holdbacks from programs, projects, activities and subactivities to 
support government-wide, departmental, agency or bureau administrative 
functions or headquarters, regional or central operations shall be 
presented in annual budget justifications and subject to approval by 
the Committees on Appropriations. Changes to such estimates shall be 
presented to the Committees on Appropriations for approval.
    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 
provided in, this Act or any other Act.
    Sec. 407. None of the funds in this Act may be used to plan, 
prepare, or offer for sale timber from trees classified as giant 
sequoia (Sequoiadendron giganteum) which are located on National Forest 
System or Bureau of Land Management lands in a manner different than 
such sales were conducted in fiscal year 2006.
    Sec. 408. (a) Limitation of Funds.--None of the funds appropriated 
or otherwise made available pursuant to this Act shall be obligated or 
expended to accept or process applications for a patent for any mining 
or mill site claim located under the general mining laws.
    (b) Exceptions.--The provisions of subsection (a) shall not apply 
if the Secretary of the Interior determines that, for the claim 
concerned: (1) a patent application was filed with the Secretary on or 
before September 30, 1994; and (2) all requirements established under 
sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) 
for vein or lode claims and sections 2329, 2330, 2331, and 2333 of the 
Revised Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and 
section 2337 of the Revised Statutes (30 U.S.C. 42) for mill site 
claims, as the case may be, were fully complied with by the applicant 
by that date.
    (c) Report.--On September 30, 2009, the Secretary of the Interior 
shall file with the House and Senate Committees on Appropriations and 
the Committee on Natural Resources of the House of Representatives and 
the Committee on Energy and Natural Resources of the Senate a report on 
actions taken by the Department under the plan submitted pursuant to 
section 314(c) of the Department of the Interior and Related Agencies 
Appropriations Act, 1997 (Public Law 104-208).
    (d) Mineral Examinations.--In order to process patent applications 
in a timely and responsible manner, upon the request of a patent 
applicant, the Secretary of the Interior shall allow the applicant to 
fund a qualified third-party contractor to be selected by the Bureau of 
Land Management to conduct a mineral examination of the mining claims 
or mill sites contained in a patent application as set forth in 
subsection (b). The Bureau of Land Management shall have the sole 
responsibility to choose and pay the third-party contractor in 
accordance with the standard procedures employed by the Bureau of Land 
Management in the retention of third-party contractors.
    Sec. 409. Notwithstanding any other provision of law, amounts 
appropriated to or otherwise designated in committee reports for the 
Bureau of Indian Affairs and the Indian Health Service by Public Laws 
103-138, 103-332, 104-134, 104-208, 105-83, 105-277, 106-113, 106-291, 
107-63, 108-7, 108-108, 108-447, 109-54, 109-289, division B and 
Continuing Appropriations Resolution, 2007 (division B of Public Law 
109-289, as amended by Public Laws 110-5 and 110-28), and Public Law 
110-161 for payments for contract support costs associated with self-
determination or self-governance contracts, grants, compacts, or annual 
funding agreements with the Bureau of Indian Affairs or the Indian 
Health Service as funded by such Acts, are the total amounts available 
for fiscal years 1994 through 2008 for such purposes, except that for 
the Bureau of Indian Affairs, tribes and tribal organizations may use 
their tribal priority allocations for unmet contract support costs of 
ongoing contracts, grants, self-governance compacts, or annual funding 
agreements.
    Sec. 410. Prior to October 1, 2009, the Secretary of Agriculture 
shall not be considered to be in violation of subparagraph 6(f)(5)(A) 
of the Forest and Rangeland Renewable Resources Planning Act of 1974 
(16 U.S.C. 1604(f)(5)(A)) solely because more than 15 years have passed 
without revision of the plan for a unit of the National Forest System. 
Nothing in this section exempts the Secretary from any other 
requirement of the Forest and Rangeland Renewable Resources Planning 
Act (16 U.S.C. 1600 et seq.) or any other law: Provided, That if the 
Secretary is not acting expeditiously and in good faith, within the 
funding available, to revise a plan for a unit of the National Forest 
System, this section shall be void with respect to such plan and a 
court of proper jurisdiction may order completion of the plan on an 
accelerated basis.
    Sec. 411. No funds provided in this Act may be expended to conduct 
preleasing, leasing and related activities under either the Mineral 
Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf 
Lands Act (43 U.S.C. 1331 et seq.) within the boundaries of a National 
Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431 
et seq.) as such boundary existed on January 20, 2001, except where 
such activities are allowed under the Presidential proclamation 
establishing such monument.
    Sec. 412. In entering into agreements with foreign countries 
pursuant to the Wildfire Suppression Assistance Act (42 U.S.C. 1856m) 
the Secretary of Agriculture and the Secretary of the Interior are 
authorized to enter into reciprocal agreements in which the individuals 
furnished under said agreements to provide wildfire services are 
considered, for purposes of tort liability, employees of the country 
receiving said services when the individuals are engaged in fire 
suppression: Provided, That the Secretary of Agriculture or the 
Secretary of the Interior shall not enter into any agreement under this 
provision unless the foreign country (either directly or through its 
fire organization) agrees to assume any and all liability for the acts 
or omissions of American firefighters engaged in firefighting in a 
foreign country: Provided further, That when an agreement is reached 
for furnishing fire fighting services, the only remedies for acts or 
omissions committed while fighting fires shall be those provided under 
the laws of the host country, and those remedies shall be the exclusive 
remedies for any claim arising out of fighting fires in a foreign 
country: Provided further, That neither the sending country nor any 
legal organization associated with the firefighter shall be subject to 
any legal action whatsoever pertaining to or arising out of the 
firefighter's role in fire suppression.
    Sec. 413. In awarding a Federal contract with funds made available 
by this Act, notwithstanding Federal Government procurement and 
contracting laws, the Secretary of Agriculture and the Secretary of the 
Interior (the ``Secretaries'') may, in evaluating bids and proposals, 
give consideration to local contractors who are from, and who provide 
employment and training for, dislocated and displaced workers in an 
economically disadvantaged rural community, including those 
historically timber-dependent areas that have been affected by reduced 
timber harvesting on Federal lands and other forest-dependent rural 
communities isolated from significant alternative employment 
opportunities: Provided, That notwithstanding Federal Government 
procurement and contracting laws the Secretaries may award contracts, 
grants or cooperative agreements to local non-profit entities, Youth 
Conservation Corps or related partnerships with State, local or non-
profit youth groups, or small or micro-business or disadvantaged 
business: Provided further, That the contract, grant, or cooperative 
agreement is for forest hazardous fuels reduction, watershed or water 
quality monitoring or restoration, wildlife or fish population 
monitoring, or habitat restoration or management: Provided further, 
That the terms ``rural community'' and ``economically disadvantaged'' 
shall have the same meanings as in section 2374 of Public Law 101-624: 
Provided further, That the Secretaries shall develop guidance to 
implement this section: Provided further, That nothing in this section 
shall be construed as relieving the Secretaries of any duty under 
applicable procurement laws, except as provided in this section.
    Sec. 414. None of the funds made available by this or any other Act 
may be used in fiscal year 2009 for competitive sourcing studies and 
any related activities involving Forest Service personnel.
    Sec. 415. Unless otherwise provided herein, no funds appropriated 
in this Act for the acquisition of lands or interests in lands may be 
expended for the filing of declarations of taking or complaints in 
condemnation without the approval of the House and Senate Committees on 
Appropriations: Provided, That this provision shall not apply to funds 
appropriated to implement the Everglades National Park Protection and 
Expansion Act of 1989, or to funds appropriated for Federal assistance 
to the State of Florida to acquire lands for Everglades restoration 
purposes.
    Sec. 416. None of the funds made available under this Act may be 
used to promulgate or implement the Environmental Protection Agency 
proposed regulations published in the Federal Register on January 3, 
2007 (72 Fed. Reg. 69).
    Sec. 417. Section 337(a) of the Department of the Interior and 
Related Agencies Appropriations Act, 2005 (Public Law 108-447; 118 
Stat. 3012) is amended by striking ``September 30, 2006'' and inserting 
``September 30, 2010''.
    Sec. 418. Section 330 of Public Law 106-291 concerning Service 
First authorities (114 Stat. 996), as amended by section 428 of Public 
Law 109-54 (119 Stat. 555-556), is further amended by striking ``2008'' 
and inserting in lieu thereof ``2011''.
    Sec. 419. Section 422 of title IV of division F of Public Law 110-
161 is amended by inserting after ``fiscal year 2007'' the following: 
``and subsequent fiscal years through fiscal year 2014''.
    Sec. 420. In addition to the amounts otherwise provided to the 
Environmental Protection Agency in this Act, $8,000,000, to remain 
available until expended, is provided to EPA to be transferred to the 
Department of the Navy for clean-up activities at the Treasure Island 
Naval Station--Hunters Point Annex.
    Sec. 421. The boundaries of the Tongass National Forest in the 
State of Alaska are modified to include the approximately 1,043.38 
acres of land acquired by the United States from the Alaska Mental 
Health Trust Authority, which is more particularly described as lots 1-
B and 1-C, Mt. Verstovia-Gavan Hill Subdivision of U.S. Survey No. 3858 
and U.S. Survey No. 3849.
    Sec. 422. Title V of the Forest Service Realignment and Enhancement 
Act, 2005, Public Law 109-54, 119 Stat. 559-563; 16 U.S.C. 580d note, 
is amended as follows:
        (1) In section 503, subsection (f) by striking ``2008'' and 
    inserting in lieu thereof ``2011'' and;
        (2) In section 504--
            (A) in subsection (a)(3) by striking in whole, and 
        inserting in lieu thereof ``Terms, conditions, and 
        reservations.--The conveyance of an administrative site under 
        this title shall be subject to such terms, conditions, and 
        reservations as the Secretary determines to be necessary to 
        protect the public interest'';
            (B) in subsection (d)(1) by striking ``Subchapter I of 
        chapter 5'', and inserting in lieu thereof ``Chapter 5 of 
        subtitle I''; and
            (C) in subsection (d)(4)(B) by striking in whole, and 
        inserting in lieu thereof ``determine whether to include terms, 
        conditions, and reservations under subsection (a)(3); and''.
    Sec. 423. Lake Tahoe Basin Hazardous Fuel Reduction Projects. (a) 
Hereafter, subject to subsection (b), a proposal to authorize a 
hazardous fuel reduction project, not to exceed 5,000 acres, including 
no more than 1,500 acres of mechanical thinning, on the Lake Tahoe 
Basin Management Unit may be categorically excluded from documentation 
in an environmental impact statement or an environmental assessment 
under the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 
4321 et seq.) if the project:
        (1) is consistent with the Lake Tahoe Basin Multi-
    Jurisdictional Fuel Reduction and Wildfire Prevention Strategy 
    published in December 2007 and any subsequent revisions to the 
    Strategy;
        (2) is not conducted in any wilderness areas; and
        (3) does not involve any new permanent roads.
    (b) A proposal that is categorically excluded under this section 
shall be subject to--
        (1) the extraordinary circumstances procedures established by 
    the Forest Service pursuant to section 1508.4 of title 40, Code of 
    Federal Regulations; and
        (2) an opportunity for public input.
    Sec. 424. Not later than June 30, 2009, the Administrator of the 
Environmental Protection Agency shall reconsider, and confirm or 
reverse, the decision to deny the request of the State of California to 
regulate greenhouse gas emissions from new motor vehicles.
    Sec. 425. Toxics Release Inventory Reporting. Notwithstanding any 
other provision of law--
        (1) none of the funds made available by this or any other Act 
    may, hereafter, be used to implement the final rule promulgated by 
    the Administrator of the Environmental Protection Agency entitled 
    ``Toxics Release Inventory Burden Reduction Final Rule'' (71 Fed. 
    Reg. 76932); and
        (2) the final rule described in paragraph (1) shall have no 
    force or effect. The affected regulatory text shall revert to what 
    it was before the final rule described in paragraph (1) became 
    effective, until any future action taken by the Administrator.
    Sec. 426. Section 325 of Public Law 108-108 is amended by striking 
``fiscal years 2004-2008'' and inserting ``fiscal year 2009.''
    Sec. 427. The Secretary of Agriculture and the Secretary of the 
Interior shall execute an agreement that transfers management and 
oversight including transfer of function for the workforce, of the 
Centennial, Collbran, Columbia Basin, Fort Simcoe, Treasure Lake, and 
Weber Basin Job Corps Centers to the Forest Service. These Job Corps 
centers shall continue to be administered as described in section 
147(c) of Public Law 105-220, Workforce Investment Act of 1998.
    Sec. 428. Section 434 of division F of Public Law 110-161 is 
amended by striking paragraph (3) and inserting a new paragraph (3) as 
follows:
        ``(3) By adding at the end the following:
    ```(m) Section 106 of Public Law 108-148 shall apply to all 
projects authorized by this Act. Sections 104 and 105 of Public Law 
108-148 may be applied to projects authorized by this Act.'.''.
    Sec. 429. (a) During the 60-day period beginning on the date of the 
enactment of this Act--
        (1) the Secretary of the Interior and the Secretary of Commerce 
    may withdraw or reissue the rule described in subsection (c)(1) 
    without regard to any provision of statute or regulation that 
    establishes a requirement for such withdrawal; and
        (2) the Secretary of the Interior may withdraw or reissue the 
    rule referred to in subsection (c)(2) without regard to any 
    provision of statute or regulation that establishes a requirement 
    for such withdrawal.
    (b) If the Secretary of the Interior or the Secretary of Commerce 
(or both) withdraws a rule under subsection (a), such Secretary shall 
implement the provisions of law under which the rule was issued in 
accordance with the regulations in effect under such provisions 
immediately before the effective date of such rule, except as otherwise 
provided by any Act or rule that takes effect after the effective date 
of the rule that is withdrawn.
    (c) The rules referred to in subsection (a) are the following:
        (1) The final rule relating to ``Interagency Cooperation under 
    the Endangered Species Act'', issued by the United States Fish and 
    Wildlife Service and the National Marine Fisheries Service and 
    signed November 26, 2008, by the Assistant Secretary of Fish and 
    Wildlife and Parks of the Department of the Interior and the Deputy 
    Assistant Administrator for the Regulatory Programs of the National 
    Marine Fisheries Service.
        (2) The final rule relating to ``Endangered and Threatened 
    Wildlife and Plants; Special Rule for the Polar Bear'', issued by 
    the Assistant Secretary of Fish and Wildlife and Parks of the 
    Department of the Interior on December 10, 2008.
    Sec. 430. Within the amounts appropriated in this division, funding 
shall be allocated in the amounts specified for those projects and 
purposes delineated in the table titled ``Congressionally Directed 
Spending'' included in the explanatory statement accompanying this Act 
(as described in section 4, in the matter preceding division A of this 
consolidated Act).
    This division may be cited as the ``Department of the Interior, 
Environment, and Related Agencies Appropriations Act, 2009''.

   DIVISION F--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND 
        EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2009

                                TITLE I

                          DEPARTMENT OF LABOR

                 Employment and Training Administration


                     Training and Employment Services

    For necessary expenses of the Workforce Investment Act of 1998 
(``WIA''), the Denali Commission Act of 1998, and the Women in 
Apprenticeship and Non-Traditional Occupations Act of 1992, including 
the purchase and hire of passenger motor vehicles, the construction, 
alteration, and repair of buildings and other facilities, and the 
purchase of real property for training centers as authorized by the 
WIA; $3,626,448,000, plus reimbursements, shall be available. Of the 
amounts provided:
        (1) for grants to States for adult employment and training 
    activities, youth activities, and dislocated worker employment and 
    training activities, $2,969,449,000 as follows:
            (A) $861,540,000 for adult employment and training 
        activities, of which $149,540,000 shall be available for the 
        period July 1, 2009, through June 30, 2010, and of which 
        $712,000,000 shall be available for the period October 1, 2009 
        through June 30, 2010;
            (B) $924,069,000 for youth activities, which shall be 
        available for the period April 1, 2009 through June 30, 2010; 
        and
            (C) $1,183,840,000 for dislocated worker employment and 
        training activities, of which $335,840,000 shall be available 
        for the period July 1, 2009 through June 30, 2010, and of which 
        $848,000,000 shall be available for the period October 1, 2009 
        through June 30, 2010:
    Provided, That notwithstanding the transfer limitation under 
    section 133(b)(4) of the WIA, up to 30 percent of such funds may be 
    transferred by a local board if approved by the Governor;
        (2) for federally administered programs, $489,429,000 as 
    follows:
            (A) $283,051,000 for the dislocated workers assistance 
        national reserve, of which $71,051,000 shall be available for 
        the period July 1, 2009 through June 30, 2010, and of which 
        $212,000,000 shall be available for the period October 1, 2009 
        through June 30, 2010: Provided, That up to $125,000,000 may be 
        made available for Community-Based Job Training grants from 
        funds reserved under section 132(a)(2)(A) of the WIA and shall 
        be used to carry out such grants under section 171(d) of such 
        Act, except that the 10 percent limitation otherwise applicable 
        to the amount of funds that may be used to carry out section 
        171(d) shall not be applicable to funds used for Community-
        Based Job Training grants: Provided further, That funds 
        provided to carry out section 132(a)(2)(A) of the WIA may be 
        used to provide assistance to a State for State-wide or local 
        use in order to address cases where there have been worker 
        dislocations across multiple sectors or across multiple local 
        areas and such workers remain dislocated; coordinate the State 
        workforce development plan with emerging economic development 
        needs; and train such eligible dislocated workers: Provided 
        further, That funds provided to carry out section 171(d) of the 
        WIA may be used for demonstration projects that provide 
        assistance to new entrants in the workforce and incumbent 
        workers;
            (B) $52,758,000 for Native American programs, which shall 
        be available for the period July 1, 2009 through June 30, 2010;
            (C) $82,620,000 for migrant and seasonal farmworker 
        programs under section 167 of the WIA, including $76,710,000 
        for formula grants (of which not less that 70 percent shall be 
        for employment and training services), $5,400,000 for migrant 
        and seasonal housing (of which not less than 70 percent shall 
        be for permanent housing), and $510,000 for other discretionary 
        purposes, which shall be available for the period July 1, 2009 
        through June 30, 2010: Provided, That notwithstanding any other 
        provision of law or related regulation, the Department of Labor 
        shall take no action limiting the number or proportion of 
        eligible participants receiving related assistance services or 
        discouraging grantees from providing such services;
            (D) $1,000,000 for carrying out the Women in Apprenticeship 
        and Nontraditional Occupations Act, which shall be available 
        for the period July 1, 2009 through June 30, 2010; and
            (E) $70,000,000 for YouthBuild activities as described in 
        section 173A of the WIA, which shall be available for the 
        period April 1, 2009 through June 30, 2010: Provided, That for 
        program years 2008 and 2009, the YouthBuild program may serve 
        an individual who has dropped out of high school and re-
        enrolled in an alternative school, if that re-enrollment is 
        part of a sequential service strategy;
        (3) for national activities, $167,570,000, as follows:
            (A) $48,781,000 for Pilots, Demonstrations, and Research, 
        which shall be available for the period April 1, 2009 through 
        June 30, 2010, of which $5,000,000 shall be for competitive 
        grants to address the employment and training needs of young 
        parents (notwithstanding the requirements of section 
        171(b)(2)(B) or 171(c)(4)(D) of the WIA), and of which 
        $41,324,000 shall be used for the projects, and in the amounts, 
        specified under the heading ``Training and Employment 
        Services'' in the explanatory statement described in section 4 
        (in the matter preceding division A of this consolidated Act): 
        Provided, That funding provided to carry out such projects 
        shall not be subject to the requirements of sections 
        171(b)(2)(B) and 171(c)(4)(D) of the WIA, the joint funding 
        requirements of sections 171(b)(2)(A) and 171(c)(4)(A) of the 
        WIA, or any time limit requirements of sections 171(b)(2)(C) 
        and 171(c)(4)(B) of the WIA;
            (B) $108,493,000 for ex-offender activities, under the 
        authority of section 171 of the WIA, which shall be available 
        for the period April 1, 2009 through June 30, 2010, 
        notwithstanding the requirements of section 171(b)(2)(B) or 
        171(c)(4)(D): Provided, That not less than $88,500,000 shall be 
        for youthful offender activities, of which $35,000,000 shall be 
        for a program of competitive grants to local educational 
        agencies or community-based organizations to develop and 
        implement mentoring strategies that integrate educational and 
        employment interventions designed to prevent youth violence in 
        schools identified as persistently dangerous under section 9532 
        of the Elementary and Secondary Education Act;
            (C) $6,918,000 for Evaluation, which shall be available for 
        the period July 1, 2009 through June 30, 2010; and
            (D) $3,378,000 for the Denali Commission, which shall be 
        available for the period July 1, 2009 through June 30, 2010.


             Community Service Employment for Older Americans

    To carry out title V of the Older Americans Act of 1965, 
$571,925,000, which shall be available for the period July 1, 2009 
through June 30, 2010: Provided, That funds made available under this 
heading in this Act may, in accordance with section 517(c) of the Older 
Americans Act of 1965, be recaptured and reobligated.


               Federal Unemployment Benefits and Allowances

    For payments during fiscal year 2009 of trade adjustment benefit 
payments and allowances under part I of subchapter B of chapter 2 of 
title II of the Trade Act of 1974, and section 246 of that Act; and for 
training, employment and case management services, allowances for job 
search and relocation, and related State administrative expenses under 
part II of subchapter B of chapter 2 of title II of the Trade Act of 
1974, $958,800,000, together with such amounts as may be necessary to 
be charged to the subsequent appropriation for payments for any period 
subsequent to September 15, 2009.


      State Unemployment Insurance and Employment Service Operations

    For authorized administrative expenses, $91,698,000, together with 
not to exceed $3,563,167,000 which may be expended from the Employment 
Security Administration Account in the Unemployment Trust Fund (``the 
Trust Fund''), of which:
        (1) $2,782,145,000 from the Trust Fund is for grants to States 
    for the administration of State unemployment insurance laws as 
    authorized under title III of the Social Security Act (including 
    $10,000,000 to conduct in-person reemployment and eligibility 
    assessments and unemployment insurance improper payment reviews), 
    the administration of unemployment insurance for Federal employees 
    and for ex-service members as authorized under 5 U.S.C. 8501-8523, 
    and the administration of trade readjustment allowances and 
    alternative trade adjustment assistance under the Trade Act of 
    1974, and shall be available for obligation by the States through 
    December 31, 2009, except that funds used for automation 
    acquisitions shall be available for obligation by the States 
    through September 30, 2011, and funds used for unemployment 
    insurance workloads experienced by the States through September 30, 
    2009 shall be available for Federal obligation through December 31, 
    2009;
        (2) $11,310,000 from the Trust Fund is for national activities 
    necessary to support the administration of the Federal-State 
    unemployment insurance system;
        (3) $680,893,000 from the Trust Fund, together with $22,683,000 
    from the General Fund of the Treasury, is for grants to States in 
    accordance with section 6 of the Wagner-Peyser Act, and shall be 
    available for Federal obligation for the period July 1, 2009 
    through June 30, 2010;
        (4) $20,869,000 from the Trust Fund is for national activities 
    of the Employment Service, including administration of the work 
    opportunity tax credit under section 51 of the Internal Revenue 
    Code of 1986, and the provision of technical assistance and staff 
    training under the Wagner-Peyser Act, including not to exceed 
    $1,228,000 that may be used for amortization payments to States 
    which had independent retirement plans in their State employment 
    service agencies prior to 1980;
        (5) $67,950,000 from the Trust Fund is for the administration 
    of foreign labor certifications and related activities under the 
    Immigration and Nationality Act and related laws, of which 
    $52,821,000 shall be available for the Federal administration of 
    such activities, and $15,129,000 shall be available for grants to 
    States for the administration of such activities;
        (6) $51,720,000 from the General Fund is to provide workforce 
    information, national electronic tools, and one-stop system 
    building under the Wagner-Peyser Act and section 171 (e)(2)(C) of 
    the Workforce Investment Act of 1998 and shall be available for 
    Federal obligation for the period July 1, 2009 through June 30, 
    2010; and
        (7) $17,295,000 from the General Fund is to provide for work 
    incentive grants to the States and shall be available for the 
    period July 1, 2009 through June 30, 2010:
Provided, That to the extent that the Average Weekly Insured 
Unemployment (``AWIU'') for fiscal year 2009 is projected by the 
Department of Labor to exceed 3,487,000, an additional $28,600,000 from 
the Trust Fund shall be available for obligation for every 100,000 
increase in the AWIU level (including a pro rata amount for any 
increment less than 100,000) to carry out title III of the Social 
Security Act: Provided further, That funds appropriated in this Act 
that are allotted to a State to carry out activities under title III of 
the Social Security Act may be used by such State to assist other 
States in carrying out activities under such title III if the other 
States include areas that have suffered a major disaster declared by 
the President under the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act: Provided further, That the Secretary of Labor 
may use funds appropriated for grants to States under title III of the 
Social Security Act to make payments on behalf of States for the use of 
the National Directory of New Hires under section 453(j)(8) of such 
Act: Provided further, That funds appropriated in this Act which are 
used to establish a national one-stop career center system, or which 
are used to support the national activities of the Federal-State 
unemployment insurance or immigration programs, may be obligated in 
contracts, grants, or agreements with non-State entities: Provided 
further, That funds appropriated under this Act for activities 
authorized under title III of the Social Security Act and the Wagner-
Peyser Act may be used by States to fund integrated Unemployment 
Insurance and Employment Service automation efforts, notwithstanding 
cost allocation principles prescribed under the Office of Management 
and Budget Circular A-87: Provided further, That the Secretary, at the 
request of a State participating in a consortium with other States, may 
reallot funds allotted to such State under title III of the Social 
Security Act to other States participating in the consortium in order 
to carry out activities that benefit the administration of the 
unemployment compensation law of the State making the request.
    In addition, $40,000,000 from the Employment Security 
Administration Account of the Unemployment Trust Fund shall be 
available to conduct in-person reemployment and eligibility assessments 
and unemployment insurance improper payment reviews: Provided, That not 
later than June 30, 2010, the Secretary shall submit an interim report 
to the Congress that includes available information on expenditures, 
number of individuals assessed, and outcomes from the assessments: 
Provided further, That not later than June 30, 2011, the Secretary of 
Labor shall submit to the Congress a final report containing 
comprehensive information on the estimated savings that result from the 
assessments of claimants and identification of best practices.


         Advances to the Unemployment Trust Fund and Other Funds

    For repayable advances to the Unemployment Trust Fund as authorized 
by sections 905(d) and 1203 of the Social Security Act, and to the 
Black Lung Disability Trust Fund as authorized by section 9501(c)(1) of 
the Internal Revenue Code of 1954; and for nonrepayable advances to the 
Unemployment Trust Fund as authorized by 5 U.S.C. 8509, and to the 
``Federal unemployment benefits and allowances'' account, to remain 
available through September 30, 2010, $422,000,000.
    In addition, for making repayable advances to the Black Lung 
Disability Trust Fund in the current fiscal year after September 15, 
2009, for costs incurred by the Black Lung Disability Trust Fund in the 
current fiscal year, such sums as may be necessary.


                          Program Administration

    For expenses of administering employment and training programs, 
$85,323,000, together with not to exceed $45,140,000, which may be 
expended from the Employment Security Administration Account in the 
Unemployment Trust Fund.

               Employee Benefits Security Administration


                          salaries and expenses

    For necessary expenses for the Employee Benefits Security 
Administration, $143,419,000.

                  Pension Benefit Guaranty Corporation


                Pension Benefit Guaranty Corporation Fund

    The Pension Benefit Guaranty Corporation (``Corporation'') is 
authorized to make such expenditures, including financial assistance 
authorized by subtitle E of title IV of the Employee Retirement Income 
Security Act of 1974, within limits of funds and borrowing authority 
available to the Corporation, and in accord with law, and to make such 
contracts and commitments without regard to fiscal year limitations as 
provided by 31 U.S.C. 9104 as may be necessary in carrying out the 
program, including associated administrative expenses, through 
September 30, 2009, for the Corporation: Provided, That none of the 
funds available to the Corporation for fiscal year 2009 shall be 
available for obligations for administrative expenses in excess of 
$444,722,000: Provided further, That to the extent that the number of 
new plan participants in plans terminated by the Corporation exceeds 
100,000 in fiscal year 2009, an amount not to exceed an additional 
$9,200,000 shall be available for obligation for administrative 
expenses for every 20,000 additional terminated participants: Provided 
further, That an additional $50,000 shall be made available for 
obligation for investment management fees for every $25,000,000 in 
assets received by the Corporation as a result of new plan terminations 
or asset growth, after approval by the Office of Management and Budget 
and notification of the Committees on Appropriations of the House of 
Representatives and the Senate: Provided further, That obligations in 
excess of the amounts provided in this paragraph may be incurred for 
unforeseen and extraordinary pre-termination expenses after approval by 
the Office of Management and Budget and notification of the Committees 
on Appropriations of the House of Representatives and the Senate.

                  Employment Standards Administration

                         salaries and expenses

                         (including rescission)

    For necessary expenses for the Employment Standards Administration, 
including reimbursement to State, Federal, and local agencies and their 
employees for inspection services rendered, $438,166,000, together with 
$2,101,000 which may be expended from the Special Fund in accordance 
with sections 39(c), 44(d), and 44(j) of the Longshore and Harbor 
Workers' Compensation Act: Provided, That the Secretary of Labor is 
authorized to establish and, in accordance with 31 U.S.C 3302, collect 
and deposit in the Treasury fees for processing applications and 
issuing certificates under sections 11(d) and 14 of the Fair Labor 
Standards Act of 1938 and for processing applications and issuing 
registrations under title I of the Migrant and Seasonal Agricultural 
Worker Protection Act.
    Of the unobligated funds collected pursuant to section 286(v) of 
the Immigration and Nationality Act, $97,000,000 are rescinded as of 
September 30, 2009.

                            special benefits

                     (including transfer of funds)

    For the payment of compensation, benefits, and expenses (except 
administrative expenses) accruing during the current or any prior 
fiscal year authorized by 5 U.S.C. 81; continuation of benefits as 
provided for under the heading ``Civilian War Benefits'' in the Federal 
Security Agency Appropriation Act, 1947; the Employees' Compensation 
Commission Appropriation Act, 1944; sections 4(c) and 5(f) of the War 
Claims Act of 1948; and 50 percent of the additional compensation and 
benefits required by section 10(h) of the Longshore and Harbor Workers' 
Compensation Act, $163,000,000, together with such amounts as may be 
necessary to be charged to the subsequent year appropriation for the 
payment of compensation and other benefits for any period subsequent to 
August 15 of the current year: Provided, That amounts appropriated may 
be used under 5 U.S.C. 8104, by the Secretary of Labor to reimburse an 
employer, who is not the employer at the time of injury, for portions 
of the salary of a reemployed, disabled beneficiary: Provided further, 
That balances of reimbursements unobligated on September 30, 2008, 
shall remain available until expended for the payment of compensation, 
benefits, and expenses: Provided further, That in addition there shall 
be transferred to this appropriation from the Postal Service and from 
any other corporation or instrumentality required under 5 U.S.C. 
8147(c) to pay an amount for its fair share of the cost of 
administration, such sums as the Secretary determines to be the cost of 
administration for employees of such fair share entities through 
September 30, 2009: Provided further, That of those funds transferred 
to this account from the fair share entities to pay the cost of 
administration of the Federal Employees' Compensation Act, $52,720,000 
shall be made available to the Secretary as follows:
        (1) For enhancement and maintenance of automated data 
    processing systems and telecommunications systems, $15,068,000;
        (2) For automated workload processing operations, including 
    document imaging, centralized mail intake, and medical bill 
    processing, $23,273,000;
        (3) For periodic roll management and medical review, 
    $14,379,000; and
        (4) The remaining funds shall be paid into the Treasury as 
    miscellaneous receipts:
Provided further, That the Secretary may require that any person filing 
a notice of injury or a claim for benefits under 5 U.S.C. 81, or the 
Longshore and Harbor Workers' Compensation Act, provide as part of such 
notice and claim, such identifying information (including Social 
Security account number) as such regulations may prescribe.


                Special Benefits for Disabled Coal Miners

    For carrying out title IV of the Federal Mine Safety and Health Act 
of 1977, as amended by Public Law 107-275, $188,130,000, to remain 
available until expended.
    For making after July 31 of the current fiscal year, benefit 
payments to individuals under title IV of such Act, for costs incurred 
in the current fiscal year, such amounts as may be necessary.
    For making benefit payments under title IV for the first quarter of 
fiscal year 2010, $56,000,000, to remain available until expended.


     Administrative Expenses, Energy Employees Occupational Illness 
                           Compensation Fund

    For necessary expenses to administer the Energy Employees 
Occupational Illness Compensation Program Act, $49,654,000, to remain 
available until expended: Provided, That the Secretary of Labor may 
require that any person filing a claim for benefits under the Act 
provide as part of such claim, such identifying information (including 
Social Security account number) as may be prescribed.


                     Black Lung Disability Trust Fund

                      (including transfer of funds)

    In fiscal year 2009 and thereafter, such sums as may be necessary 
from the Black Lung Disability Trust Fund (``Fund''), to remain 
available until expended, for payment of all benefits authorized by 
section 9501(d)(1), (2), (4), and (7) of the Internal Revenue Code of 
1954; and interest on advances, as authorized by section 9501(c)(2) of 
that Act. In addition, the following amounts may be expended from the 
Fund for fiscal year 2009 for expenses of operation and administration 
of the Black Lung Benefits program, as authorized by section 
9501(d)(5): not to exceed $32,308,000 for transfer to the Employment 
Standards Administration ``Salaries and Expenses''; not to exceed 
$24,694,000 for transfer to Departmental Management, ``Salaries and 
Expenses''; not to exceed $325,000 for transfer to Departmental 
Management, ``Office of Inspector General''; and not to exceed $356,000 
for payments into miscellaneous receipts for the expenses of the 
Department of the Treasury.

             Occupational Safety and Health Administration


                          Salaries and Expenses

    For necessary expenses for the Occupational Safety and Health 
Administration, $513,042,000, including not to exceed $92,593,000 which 
shall be the maximum amount available for grants to States under 
section 23(g) of the Occupational Safety and Health Act (``Act''), 
which grants shall be no less than 50 percent of the costs of State 
occupational safety and health programs required to be incurred under 
plans approved by the Secretary of Labor under section 18 of the Act; 
and, in addition, notwithstanding 31 U.S.C. 3302, the Occupational 
Safety and Health Administration may retain up to $750,000 per fiscal 
year of training institute course tuition fees, otherwise authorized by 
law to be collected, and may utilize such sums for occupational safety 
and health training and education grants: Provided, That, 
notwithstanding 31 U.S.C. 3302, the Secretary is authorized, during the 
fiscal year ending September 30, 2009, to collect and retain fees for 
services provided to Nationally Recognized Testing Laboratories, and 
may utilize such sums, in accordance with the provisions of 29 U.S.C. 
9a, to administer national and international laboratory recognition 
programs that ensure the safety of equipment and products used by 
workers in the workplace: Provided further, That none of the funds 
appropriated under this paragraph shall be obligated or expended to 
prescribe, issue, administer, or enforce any standard, rule, 
regulation, or order under the Act which is applicable to any person 
who is engaged in a farming operation which does not maintain a 
temporary labor camp and employs 10 or fewer employees: Provided 
further, That no funds appropriated under this paragraph shall be 
obligated or expended to administer or enforce any standard, rule, 
regulation, or order under the Act with respect to any employer of 10 
or fewer employees who is included within a category having a Days 
Away, Restricted, or Transferred (DART) occupational injury and illness 
rate, at the most precise industrial classification code for which such 
data are published, less than the national average rate as such rates 
are most recently published by the Secretary, acting through the Bureau 
of Labor Statistics, in accordance with section 24 of the Act, except--
        (1) to provide, as authorized by the Act, consultation, 
    technical assistance, educational and training services, and to 
    conduct surveys and studies;
        (2) to conduct an inspection or investigation in response to an 
    employee complaint, to issue a citation for violations found during 
    such inspection, and to assess a penalty for violations which are 
    not corrected within a reasonable abatement period and for any 
    willful violations found;
        (3) to take any action authorized by the Act with respect to 
    imminent dangers;
        (4) to take any action authorized by the Act with respect to 
    health hazards;
        (5) to take any action authorized by the Act with respect to a 
    report of an employment accident which is fatal to one or more 
    employees or which results in hospitalization of two or more 
    employees, and to take any action pursuant to such investigation 
    authorized by the Act; and
        (6) to take any action authorized by the Act with respect to 
    complaints of discrimination against employees for exercising 
    rights under the Act:
Provided further, That the foregoing proviso shall not apply to any 
person who is engaged in a farming operation which does not maintain a 
temporary labor camp and employs 10 or fewer employees: Provided 
further, That $10,000,000 shall be available for Susan Harwood training 
grants, of which $3,144,000 shall be used for the Institutional 
Competency Building training grants awarded in February 2008, provided 
that a grantee has demonstrated satisfactory performance: Provided 
further, That such grants shall be awarded not later than 30 days after 
the date of enactment of this Act.

                 Mine Safety and Health Administration


                          Salaries and Expenses

    For necessary expenses for the Mine Safety and Health 
Administration, $347,003,000, including purchase and bestowal of 
certificates and trophies in connection with mine rescue and first-aid 
work, and the hire of passenger motor vehicles, including up to 
$2,000,000 for mine rescue and recovery activities, and $1,808,000 to 
continue the project with the United Mine Workers of America, for 
classroom and simulated rescue training for mine rescue teams; in 
addition, not to exceed $750,000 may be collected by the National Mine 
Health and Safety Academy for room, board, tuition, and the sale of 
training materials, otherwise authorized by law to be collected, to be 
available for mine safety and health education and training activities, 
notwithstanding 31 U.S.C. 3302; and, in addition, the Mine Safety and 
Health Administration may retain up to $1,000,000 from fees collected 
for the approval and certification of equipment, materials, and 
explosives for use in mines, and may utilize such sums for such 
activities; the Secretary of Labor is authorized to accept lands, 
buildings, equipment, and other contributions from public and private 
sources and to prosecute projects in cooperation with other agencies, 
Federal, State, or private; the Mine Safety and Health Administration 
is authorized to promote health and safety education and training in 
the mining community through cooperative programs with States, 
industry, and safety associations; the Secretary is authorized to 
recognize the Joseph A. Holmes Safety Association as a principal safety 
association and, notwithstanding any other provision of law, may 
provide funds and, with or without reimbursement, personnel, including 
service of Mine Safety and Health Administration officials as officers 
in local chapters or in the national organization; and any funds 
available to the Department of Labor may be used, with the approval of 
the Secretary, to provide for the costs of mine rescue and survival 
operations in the event of a major disaster.

                       Bureau of Labor Statistics


                          Salaries and Expenses

    For necessary expenses for the Bureau of Labor Statistics, 
including advances or reimbursements to State, Federal, and local 
agencies and their employees for services rendered, $518,918,000, 
together with not to exceed $78,264,000, which may be expended from the 
Employment Security Administration Account in the Unemployment Trust 
Fund, of which $1,500,000 may be used to fund the mass layoff 
statistics program under section 15 of the Wagner-Peyser Act: Provided, 
That the Current Employment Survey shall maintain the content of the 
survey issued prior to June 2005 with respect to the collection of data 
for the women worker series.

                 Office of Disability Employment Policy


                          salaries and expenses

    For necessary expenses for the Office of Disability Employment 
Policy to provide leadership, develop policy and initiatives, and award 
grants furthering the objective of eliminating barriers to the training 
and employment of people with disabilities, $26,679,000.

                        Departmental Management


                          Salaries and Expenses

    For necessary expenses for Departmental Management, including the 
hire of three sedans, and including the management or operation, 
through contracts, grants or other arrangements of Departmental 
activities conducted by or through the Bureau of International Labor 
Affairs, including bilateral and multilateral technical assistance and 
other international labor activities, $313,871,000, of which 
$86,074,000 is for the Bureau of International Labor Affairs (including 
$6,500,000 to implement model programs to address worker rights issues 
through technical assistance in countries with which the United States 
has trade preference programs), and of which $21,286,000 is for the 
acquisition of Departmental information technology, architecture, 
infrastructure, equipment, software and related needs, which will be 
allocated by the Department's Chief Information Officer in accordance 
with the Department's capital investment management process to assure a 
sound investment strategy; together with not to exceed $327,000, which 
may be expended from the Employment Security Administration Account in 
the Unemployment Trust Fund.


                           office of job corps

    To carry out subtitle C of title I of the Workforce Investment Act 
of 1998, including Federal administrative expenses, the purchase and 
hire of passenger motor vehicles, the construction, alteration and 
repairs of buildings and other facilities, and the purchase of real 
property for training centers as authorized by the Workforce Investment 
Act; $1,683,938,000, plus reimbursements, as follows:
        (1) $1,540,276,000 for Job Corps Operations, of which 
    $949,276,000 shall be available for obligation for the period July 
    1, 2009 through June 30, 2010 and of which $591,000,000 shall be 
    available for obligation for the period October 1, 2009 through 
    June 30, 2010;
        (2) $115,000,000 for construction, rehabilitation and 
    acquisition of Job Corps Centers, of which $15,000,000 shall be 
    available for the period July 1, 2009 through June 30, 2012 and 
    $100,000,000 shall be available for the period October 1, 2009 
    through June 30, 2012; and
        (3) $28,662,000 for necessary expenses of the Office of Job 
    Corps shall be available for obligation for the period October 1, 
    2008 through September 30, 2009:
Provided, That the Office of Job Corps shall have contracting 
authority: Provided further, That no funds from any other appropriation 
shall be used to provide meal services at or for Job Corps centers.


                     Veterans Employment and Training

    Not to exceed $205,468,000 may be derived from the Employment 
Security Administration Account in the Unemployment Trust Fund to carry 
out the provisions of 38 U.S.C. 4100-4113, 4211-4215, and 4321-4327, 
and Public Law 103-353, and which shall be available for obligation by 
the States through December 31, 2009, of which $1,949,000 is for the 
National Veterans' Employment and Training Services Institute. To carry 
out the Homeless Veterans Reintegration Programs under section 5(a)(1) 
of the Homeless Veterans Comprehensive Assistance Act of 2001 and the 
Veterans Workforce Investment Programs under section 168 of the 
Workforce Investment Act, $33,971,000, of which $7,641,000 shall be 
available for obligation for the period July 1, 2009 through June 30, 
2010.


                       Office of Inspector General

    For salaries and expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$76,326,000, together with not to exceed $5,815,000, which may be 
expended from the Employment Security Administration Account in the 
Unemployment Trust Fund.

                           General Provisions

    Sec. 101. None of the funds appropriated in this Act for the Job 
Corps shall be used to pay the salary of an individual, either as 
direct costs or any proration as an indirect cost, at a rate in excess 
of Executive Level I.


                           (transfer of funds)

    Sec. 102. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985) which are appropriated for the current fiscal year for the 
Department of Labor in this Act may be transferred between a program, 
project, or activity, but no such program, project, or activity shall 
be increased by more than 3 percent by any such transfer: Provided, 
That the transfer authority granted by this section shall be available 
only to meet emergency needs and shall not be used to create any new 
program or to fund any project or activity for which no funds are 
provided in this Act: Provided further, That the Committees on 
Appropriations of the House of Representatives and the Senate are 
notified at least 15 days in advance of any transfer.
    Sec. 103. In accordance with Executive Order No. 13126, none of the 
funds appropriated or otherwise made available pursuant to this Act 
shall be obligated or expended for the procurement of goods mined, 
produced, manufactured, or harvested or services rendered, whole or in 
part, by forced or indentured child labor in industries and host 
countries already identified by the United States Department of Labor 
prior to enactment of this Act.
    Sec. 104.  After September 30, 2008, the Secretary of Labor shall 
issue a monthly transit subsidy of not less than the full amount (of 
not less than $115) that each of its employees of the National Capital 
Region is eligible to receive.
    Sec. 105. None of the funds appropriated in this title for grants 
under section 171 of the Workforce Investment Act of 1998 may be 
obligated prior to the preparation and submission of a report by the 
Secretary of Labor to the Committees on Appropriations of the House of 
Representatives and the Senate detailing the planned uses of such 
funds.
    Sec. 106. There is authorized to be appropriated such sums as may 
be necessary to the Denali Commission through the Department of Labor 
to conduct job training of the local workforce where Denali Commission 
projects will be constructed.
    Sec. 107. None of the funds made available to the Department of 
Labor for grants under section 414(c) of the American Competitiveness 
and Workforce Improvement Act of 1998 may be used for any purpose other 
than training in the occupations and industries for which employers are 
using H-1B visas to hire foreign workers, and the related activities 
necessary to support such training: Provided, That the preceding 
limitation shall not apply to multi-year grants awarded prior to June 
30, 2007.
    Sec. 108. None of the funds available in this Act or available to 
the Secretary of Labor from other sources for Community-Based Job 
Training grants and grants authorized under section 414(c) of the 
American Competitiveness and Workforce Improvement Act of 1998 shall be 
obligated for a grant awarded on a non-competitive basis.
    Sec. 109. The Secretary of Labor shall take no action to amend, 
through regulatory or administration action, the definition established 
in section 667.220 of title 20 of the Code of Federal Regulations for 
functions and activities under title I of the Workforce Investment Act 
of 1998, or to modify, through regulatory or administrative action, the 
procedure for redesignation of local areas as specified in subtitle B 
of title I of that Act (including applying the standards specified in 
section 116(a)(3)(B) of that Act, but notwithstanding the time limits 
specified in section 116(a)(3)(B) of that Act), until such time as 
legislation reauthorizing the Act is enacted. Nothing in the preceding 
sentence shall permit or require the Secretary to withdraw approval for 
such redesignation from a State that received the approval not later 
than October 12, 2005, or to revise action taken or modify the 
redesignation procedure being used by the Secretary in order to 
complete such redesignation for a State that initiated the process of 
such redesignation by submitting any request for such redesignation not 
later than October 26, 2005.
    Sec. 110. None of the funds made available in this or any other Act 
shall be available to finalize or implement any proposed regulation 
under the Workforce Investment Act of 1998, Wagner-Peyser Act of 1933, 
or the Trade Adjustment Assistance Reform Act of 2002 until such time 
as legislation reauthorizing the Workforce Investment Act of 1998 and 
the Trade Adjustment Assistance Reform Act of 2002 is enacted.
    Sec. 111.  None of the funds appropriated in this Act under the 
heading ``Employment and Training Administration'' shall be used by a 
recipient or subrecipient of such funds to pay the salary and bonuses 
of an individual, either as direct costs or indirect costs, at a rate 
in excess of Executive Level II. This limitation shall not apply to 
vendors providing goods and services as defined in Office of Management 
and Budget Circular A-133. Where States are recipients of such funds, 
States may establish a lower limit for salaries and bonuses of those 
receiving salaries and bonuses from subrecipients of such funds, taking 
into account factors including the relative cost-of-living in the 
State, the compensation levels for comparable State or local government 
employees, and the size of the organizations that administer Federal 
programs involved including Employment and Training Administration 
programs.
    This title may be cited as the ``Department of Labor Appropriations 
Act, 2009''.

                                TITLE II

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration


                      Health Resources and Services

    For carrying out titles II, III, IV, VII, VIII, X, XI, XII, XIX, 
and XXVI of the Public Health Service Act (``PHS Act''), section 427(a) 
of the Federal Coal Mine Health and Safety Act, title V and sections 
711, 1128E, and 1820 of the Social Security Act, the Health Care 
Quality Improvement Act of 1986, the Native Hawaiian Health Care Act of 
1988, the Cardiac Arrest Survival Act of 2000, section 712 of the 
American Jobs Creation Act of 2004, and the Stem Cell Therapeutic and 
Research Act of 2005, $7,234,436,000, of which $39,200,000 from general 
revenues, notwithstanding section 1820(j) of the Social Security Act, 
shall be available for carrying out the Medicare rural hospital 
flexibility grants program under such section: Provided, That of the 
funds made available under this heading, $129,000 shall be available 
until expended for facilities renovations at the Gillis W. Long 
Hansen's Disease Center: Provided further, That $56,000,000 of the 
funding provided for community health centers shall be for base grant 
adjustments for existing health centers: Provided further, That in 
addition to fees authorized by section 427(b) of the Health Care 
Quality Improvement Act of 1986, fees shall be collected for the full 
disclosure of information under the Act sufficient to recover the full 
costs of operating the National Practitioner Data Bank, and shall 
remain available until expended to carry out that Act: Provided 
further, That fees collected for the full disclosure of information 
under the ``Health Care Fraud and Abuse Data Collection Program'', 
authorized by section 1128E(d)(2) of the Social Security Act, shall be 
sufficient to recover the full costs of operating the program, and 
shall remain available until expended to carry out that Act: Provided 
further, That no more than $40,000 is available until expended for 
carrying out the provisions of section 224(o) of the PHS Act including 
associated administrative expenses and relevant evaluations: Provided 
further, That no more than $44,055,000 is available until expended for 
carrying out the provisions of Public Law 104-73 and for expenses 
incurred by the Department of Health and Human Services pertaining to 
administrative claims made under such law:  Provided further, That of 
the funds made available under this heading, $307,491,000 shall be for 
the program under title X of the PHS Act to provide for voluntary 
family planning projects: Provided further, That amounts provided to 
said projects under such title shall not be expended for abortions, 
that all pregnancy counseling shall be nondirective, and that such 
amounts shall not be expended for any activity (including the 
publication or distribution of literature) that in any way tends to 
promote public support or opposition to any legislative proposal or 
candidate for public office: Provided further, That of the funds 
available under this heading, $1,886,873,000 shall remain available to 
the Secretary of Health and Human Services through September 30, 2011, 
for parts A and B of title XXVI of the PHS Act: Provided further, That 
within the amounts provided for part A of title XXVI of the PHS Act, 
$10,853,000 is available to the Secretary of Health and Human Services 
through September 30, 2011, and shall be available to qualifying 
jurisdictions, within 30 days of enactment, for increasing supplemental 
grants for fiscal year 2009 to metropolitan areas that received grant 
funding in fiscal year 2008 under subpart I of part A of title XXVI of 
the PHS Act to ensure that an area's total funding under subpart I of 
part A for fiscal year 2008, together with the amount of this 
additional funding, is not less than 93.7 percent of the amount of such 
area's total funding under part A for fiscal year 2006, and to 
transitional areas that received grant funding in fiscal year 2008 
under subpart II of part A of title XXVI of the PHS Act to ensure that 
an area's total funding under subpart II of part A for fiscal year 
2008, together with the amount of this additional funding, is not less 
than 88.7 percent of the amount of such area's total funding under part 
A for fiscal year 2006: Provided further, That notwithstanding section 
2603(c)(1) of the PHS Act, the additional funding to areas under the 
immediately preceding proviso, which may be used for costs incurred 
during fiscal year 2008, shall be available to the area for obligation 
from the date of the award through the end of the grant year for the 
award: Provided further, That $815,000,000 shall be for State AIDS Drug 
Assistance Programs authorized by section 2616 of the PHS Act: Provided 
further, That in addition to amounts provided herein, $25,000,000 shall 
be available from amounts available under section 241 of the PHS Act to 
carry out parts A, B, C, and D of title XXVI of the PHS Act to fund 
section 2691 Special Projects of National Significance: Provided 
further, That notwithstanding section 502(a)(1) and 502(b)(1) of the 
Social Security Act, not to exceed $92,551,000 is available for 
carrying out special projects of regional and national significance 
pursuant to section 501(a)(2) of such Act and $10,400,000 is available 
for projects described in paragraphs (A) through (F) of section 
501(a)(3) of such Act: Provided further, That notwithstanding section 
747(e)(2) of the PHS Act, not less than $5,000,000 shall be for general 
dentistry programs, not less than $5,000,000 shall be for pediatric 
dentistry programs including faculty loan repayment, and not less than 
$29,025,000 shall be for family medicine programs: Provided further, 
That of the funds provided, $19,642,000 shall be provided to the Denali 
Commission as a direct lump payment pursuant to Public Law 106-113: 
Provided further, That of the funds provided, $26,000,000 shall be 
provided for the Delta Health Initiative as authorized in section 219 
of division G of Public Law 110-161 and associated administrative 
expenses: Provided further, That funds provided under section 846 and 
subpart 3 of part D of title III of the PHS Act may be used to make 
prior year adjustments to awards made under these sections: Provided 
further, That of the amount appropriated in this paragraph, 
$310,470,000 shall be used for the projects financing the construction 
and renovation (including equipment) of health care and other 
facilities and for other health-related activities, and in the amounts, 
specified under the heading ``Health Resources and Services'' in the 
explanatory statement described in section 4 (in the matter preceding 
division A of this consolidated Act), and of which up to one percent of 
the amount for each project may be used for related agency 
administrative expenses: Provided further, That notwithstanding section 
338J(k) of the PHS Act, $9,201,000 is available for State Offices of 
Rural Health: Provided further, That of the funds provided, $15,000,000 
is available for the Small Rural Hospital Improvement Grant Program for 
quality improvement and adoption of health information technology.


            Health Education Assistance Loans Program Account

    Such sums as may be necessary to carry out the purpose of the 
program, as authorized by title VII of the Public Health Service Act 
(``PHS Act''). For administrative expenses to carry out the guaranteed 
loan program, including section 709 of the PHS Act, $2,847,000.


              Vaccine Injury Compensation Program Trust Fund

    For payments from the Vaccine Injury Compensation Program Trust 
Fund (``Trust Fund''), such sums as may be necessary for claims 
associated with vaccine-related injury or death with respect to 
vaccines administered after September 30, 1988, pursuant to subtitle 2 
of title XXI of the Public Health Service Act, to remain available 
until expended: Provided, That for necessary administrative expenses, 
not to exceed $5,404,000 shall be available from the Trust Fund to the 
Secretary of Health and Human Services.

               Centers for Disease Control and Prevention

                disease control, research, and training

    To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, and XXVI 
of the Public Health Service Act (``PHS Act''), sections 101, 102, 103, 
201, 202, 203, 301, 501, and 514 of the Federal Mine Safety and Health 
Act of 1977, section 13 of the Mine Improvement and New Emergency 
Response Act of 2006, sections 20, 21, and 22 of the Occupational 
Safety and Health Act of 1970, title IV of the Immigration and 
Nationality Act, section 501 of the Refugee Education Assistance Act of 
1980, and for expenses necessary to support activities related to 
countering potential biological, nuclear, radiological, and chemical 
threats to civilian populations; including purchase and insurance of 
official motor vehicles in foreign countries; and purchase, hire, 
maintenance, and operation of aircraft, $6,283,350,000, of which 
$151,500,000 shall remain available until expended for acquisition of 
real property, equipment, construction and renovation of facilities; of 
which $570,307,000 shall remain available until expended for the 
Strategic National Stockpile under section 319F-2 of the PHS Act; of 
which $21,997,000 shall be used for the projects, and in the amounts, 
specified under the heading ``Disease Control, Research, and Training'' 
in the explanatory statement described in section 4 (in the matter 
preceding division A of this consolidated Act); of which $118,863,000 
for international HIV/AIDS shall remain available through September 30, 
2010; and of which $70,000,000 shall be available until expended to 
provide screening and treatment for first response emergency services 
personnel, residents, students, and others related to the September 11, 
2001 terrorist attacks on the World Trade Center: Provided, That in 
addition, such sums as may be derived from authorized user fees, which 
shall be credited to this account: Provided further, That in addition 
to amounts provided herein, the following amounts shall be available 
from amounts available under section 241 of the PHS Act: (1) 
$12,794,000 to carry out the National Immunization Surveys; (2) 
$124,701,000 to carry out the National Center for Health Statistics 
surveys; (3) $24,751,000 to carry out information systems standards 
development and architecture and applications-based research used at 
local public health levels; (4) $46,780,000 for Health Marketing; (5) 
$31,000,000 to carry out Public Health Research; and (6) $91,225,000 to 
carry out research activities within the National Occupational Research 
Agenda: Provided further, That none of the funds made available for 
injury prevention and control at the Centers for Disease Control and 
Prevention may be used, in whole or in part, to advocate or promote gun 
control: Provided further, That of the funds made available under this 
heading, up to $1,000 per eligible employee of the Centers for Disease 
Control and Prevention shall be made available until expended for 
Individual Learning Accounts: Provided further, That the Director may 
redirect the total amount made available under authority of Public Law 
101-502, section 3, dated November 3, 1990, to activities the Director 
may so designate: Provided further, That the Committees on 
Appropriations of the House of Representatives and the Senate are to be 
notified promptly of any such redirection: Provided further, That not 
to exceed $19,528,000 may be available for making grants under section 
1509 of the PHS Act to not less than 21 States, tribes, or tribal 
organizations: Provided further, That notwithstanding any other 
provision of law, the Centers for Disease Control and Prevention shall 
award a single contract or related contracts for development and 
construction of the next building or facility designated in the 
Buildings and Facilities Master Plan that collectively include the full 
scope of the project: Provided further, That the solicitation and 
contract shall contain the clause ``availability of funds'' found at 48 
CFR 52.232-18: Provided further, That of the funds appropriated, 
$10,000 shall be for official reception and representation expenses 
when specifically approved by the Director of the Centers for Disease 
Control and Prevention: Provided further, That employees of the Centers 
for Disease Control and Prevention or the Public Health Service, both 
civilian and Commissioned Officers, detailed to States, municipalities, 
or other organizations under authority of section 214 of the PHS Act, 
or in overseas assignments, shall be treated as non-Federal employees 
for reporting purposes only and shall not be included within any 
personnel ceiling applicable to the Agency, Service, or the Department 
of Health and Human Services during the period of detail or assignment: 
Provided further, That out of funds made available under this heading 
for domestic HIV/AIDS testing, up to $15,000,000 shall be for States 
newly eligible in fiscal year 2009 under section 2625 of the PHS Act as 
of December 31, 2008 and shall be distributed by May 31, 2009 based on 
standard criteria relating to a State's epidemiological profile, and of 
which not more than $1,000,000 may be made available to any one State, 
and amounts that have not been obligated by May 31, 2009 shall be made 
available to States and local public health departments for HIV testing 
activities: Provided further, That none of the funds made available in 
this Act to carry out part A of title XIX of the PHS Act may be used to 
provide more than 75 percent of any State's allotment under section 
1902 of the PHS Act until such State certifies that it will submit a 
plan to the Secretary of Health and Human Services, not later than 
January 1, 2010, to reduce healthcare-associated infections: Provided 
further, That each such State plan shall be consistent with the 
Department of Health and Human Services' national action plan for 
reducing healthcare-associated infections and include measurable 5-year 
goals and interim milestones for reducing such infections: Provided 
further, That the Secretary shall conduct a review of the State plans 
submitted pursuant to the preceding proviso and report to the 
Committees on Appropriations of the House of Representatives and the 
Senate not later than June 1, 2010, regarding the adequacy of such 
plans for achieving State and national goals for reducing healthcare-
associated infections: Provided further, That for purposes of the two 
preceding provisos, the term ``State'' means each of the several 
States, the District of Columbia, and the Commonwealth of Puerto Rico.
    In addition, for necessary expenses to administer the Energy 
Employees Occupational Illness Compensation Program Act, $55,358,000, 
to remain available until expended, of which $4,500,000 shall be for 
use by or in support of the Advisory Board on Radiation and Worker 
Health (``the Board'') to carry out its statutory responsibilities, 
including obtaining audits, technical assistance, and other support 
from the Board's audit contractor with regard to radiation dose 
estimation and reconstruction efforts, site profiles, procedures, and 
review of Special Exposure Cohort petitions and evaluation reports: 
Provided, That this amount shall be available consistent with the 
provision regarding administrative expenses in section 151(b) of 
division B, title I of Public Law 106-554.

                     National Institutes of Health


                        National Cancer Institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to cancer, $4,968,973,000, of which up to 
$8,000,000 may be used for facilities repairs and improvements at the 
National Cancer Institute-Frederick Federally Funded Research and 
Development Center in Frederick, Maryland.


                National Heart, Lung, and Blood Institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to cardiovascular, lung, and blood diseases, 
and blood and blood products, $3,015,689,000.


          National Institute of Dental and Craniofacial Research

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to dental disease, $402,652,000.


     National Institute of Diabetes and Digestive and Kidney Diseases

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to diabetes and digestive and kidney disease, 
$1,761,338,000.


         National Institute of Neurological Disorders and Stroke

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to neurological disorders and stroke, 
$1,593,344,000.


          National Institute of Allergy and Infectious Diseases

                      (including transfer of funds)

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to allergy and infectious diseases, 
$4,702,572,000: Provided, That $300,000,000 may be made available to 
International Assistance Programs ``Global Fund to Fight HIV/AIDS, 
Malaria, and Tuberculosis'', to remain available until expended.


              National Institute of General Medical Sciences

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to general medical sciences, $1,997,801,000.


   Eunice Kennedy Shriver National Institute of Child Health and Human 
                              Development

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to child health and human development, 
$1,294,894,000.


                          National Eye Institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to eye diseases and visual disorders, 
$688,480,000.


           National Institute of Environmental Health Sciences

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to environmental health sciences, 
$662,820,000.


                       National Institute on Aging

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to aging, $1,080,796,000.


  National Institute of Arthritis and Musculoskeletal and Skin Diseases

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to arthritis and musculoskeletal and skin 
diseases, $524,872,000.


     National Institute on Deafness and Other Communication Disorders

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to deafness and other communication disorders, 
$407,259,000.


                  National Institute of Nursing Research

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to nursing research, $141,879,000.


            National Institute on Alcohol Abuse and Alcoholism

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to alcohol abuse and alcoholism, $450,230,000.


                     National Institute on Drug Abuse

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to drug abuse, $1,032,759,000.


                   National Institute of Mental Health

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to mental health, $1,450,491,000.


                 National Human Genome Research Institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to human genome research, $502,367,000.


       National Institute of Biomedical Imaging and Bioengineering

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to biomedical imaging and bioengineering 
research, $308,208,000.


                  National Center for Research Resources

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to research resources and general research 
support grants, $1,226,263,000.


        National Center for Complementary and Alternative Medicine

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to complementary and alternative medicine, 
$125,471,000.


        National Center on Minority Health and Health Disparities

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to minority health and health disparities 
research, $205,959,000.


                   John E. Fogarty International Center

    For carrying out the activities of the John E. Fogarty 
International Center (described in subpart 2 of part E of title IV of 
the Public Health Service Act), $68,691,000.


                       National Library of Medicine

    For carrying out section 301 and title IV of the Public Health 
Service Act (``PHS Act'') with respect to health information 
communications, $330,771,000, of which $4,000,000 shall be available 
until expended for improvement of information systems: Provided, That 
in fiscal year 2009, the National Library of Medicine may enter into 
personal services contracts for the provision of services in facilities 
owned, operated, or constructed under the jurisdiction of the National 
Institutes of Health: Provided further, That in addition to amounts 
provided herein, $8,200,000 shall be available from amounts available 
under section 241 of the PHS Act to carry out the purposes of the 
National Information Center on Health Services Research and Health Care 
Technology established under section 478A of the PHS Act and related 
health services.


                          Office of the Director

    For carrying out the responsibilities of the Office of the 
Director, National Institutes of Health (``NIH''), $1,246,864,000, of 
which up to $25,000,000 shall be used to carry out section 214 of this 
Act: Provided, That funding shall be available for the purchase of not 
to exceed 29 passenger motor vehicles for replacement only: Provided 
further, That the NIH is authorized to collect third party payments for 
the cost of clinical services that are incurred in NIH research 
facilities and that such payments shall be credited to the NIH 
Management Fund: Provided further, That all funds credited to such Fund 
shall remain available for one fiscal year after the fiscal year in 
which they are deposited: Provided further, That up to $192,300,000 
shall be available for continuation of the National Children's Study: 
Provided further, That $541,133,000 shall be available for the Common 
Fund established under section 402A(c)(1) of the Public Health Service 
Act (``PHS Act''): Provided further, That of the funds provided $10,000 
shall be for official reception and representation expenses when 
specifically approved by the Director of the NIH: Provided further, 
That the Office of AIDS Research within the Office of the Director of 
the NIH may spend up to $8,000,000 to make grants for construction or 
renovation of facilities as provided for in section 2354(a)(5)(B) of 
the PHS Act.


                         Buildings and Facilities

    For the study of, construction of, renovation of, and acquisition 
of equipment for, facilities of or used by the National Institutes of 
Health, including the acquisition of real property, $125,581,000, to 
remain available until expended.

       Substance Abuse and Mental Health Services Administration


                substance abuse and mental health services

    For carrying out titles III, V, and XIX of the Public Health 
Service Act (``PHS Act'') with respect to substance abuse and mental 
health services and the Protection and Advocacy for Individuals with 
Mental Illness Act, $3,334,906,000, of which $15,666,000 shall be used 
for the projects, and in the amounts, specified under the heading 
``Substance Abuse and Mental Health Services'' in the explanatory 
statement described in section 4 (in the matter preceding division A of 
this consolidated Act): Provided, That notwithstanding section 
520A(f)(2) of the PHS Act, no funds appropriated for carrying out 
section 520A are available for carrying out section 1971 of the PHS 
Act: Provided further, That $2,000,000 shall be available to establish 
State-administered controlled substance monitoring systems as 
authorized by Public Law 109-60: Provided further, That $772,000 shall 
be for reimbursing the General Services Administration for 
environmental testing and remediation on the federally owned facilities 
at St. Elizabeths Hospital, including but not limited to testing and 
remediation conducted prior to fiscal year 2009: Provided further, That 
in addition to amounts provided herein, the following amounts shall be 
available under section 241 of the PHS Act: (1) $79,200,000 to carry 
out subpart II of part B of title XIX of the PHS Act to fund section 
1935(b) technical assistance, national data, data collection and 
evaluation activities, and further that the total available under this 
Act for section 1935(b) activities shall not exceed 5 percent of the 
amounts appropriated for subpart II of part B of title XIX; (2) 
$21,039,000 to carry out subpart I of part B of title XIX of the PHS 
Act to fund section 1920(b) technical assistance, national data, data 
collection and evaluation activities, and further that the total 
available under this Act for section 1920(b) activities shall not 
exceed 5 percent of the amounts appropriated for subpart I of part B of 
title XIX; (3) $22,750,000 to carry out national surveys on drug abuse 
and mental health; and (4) $8,596,000 to collect and analyze data and 
evaluate substance abuse treatment programs: Provided further, That 
section 520E(b)(2) of the PHS Act shall not apply to funds appropriated 
under this Act for fiscal year 2009.

               Agency for Healthcare Research and Quality


                     Healthcare Research and Quality

    For carrying out titles III and IX of the Public Health Service Act 
(``PHS Act''), part A of title XI of the Social Security Act, and 
section 1013 of the Medicare Prescription Drug, Improvement, and 
Modernization Act of 2003, amounts received from Freedom of Information 
Act fees, reimbursable and interagency agreements, and the sale of data 
shall be credited to this appropriation and shall remain available 
until expended: Provided, That the amount made available pursuant to 
section 937(c) of the PHS Act shall not exceed $372,053,000.

               Centers for Medicare and Medicaid Services

                     grants to states for medicaid

    For carrying out, except as otherwise provided, titles XI and XIX 
of the Social Security Act, $149,335,031,000, to remain available until 
expended.
    For making, after May 31, 2009, payments to States under title XIX 
of the Social Security Act for the last quarter of fiscal year 2009 for 
unanticipated costs, incurred for the current fiscal year, such sums as 
may be necessary.
    For making payments to States or in the case of section 1928 on 
behalf of States under title XIX of the Social Security Act for the 
first quarter of fiscal year 2010, $71,700,038,000, to remain available 
until expended.
    Payment under title XIX may be made for any quarter with respect to 
a State plan or plan amendment in effect during such quarter, if 
submitted in or prior to such quarter and approved in that or any 
subsequent quarter.

                  payments to health care trust funds

    For payment to the Federal Hospital Insurance Trust Fund and the 
Federal Supplementary Medical Insurance Trust Fund, as provided under 
sections 217(g), 1844, and 1860D-16 of the Social Security Act, 
sections 103(c) and 111(d) of the Social Security Amendments of 1965, 
section 278(d) of Public Law 97-248, and for administrative expenses 
incurred pursuant to section 201(g) of the Social Security Act, 
$195,383,000,000.
    In addition, for making matching payments under section 1844, and 
benefit payments under section 1860D-16 of the Social Security Act, not 
anticipated in budget estimates, such sums as may be necessary.

                           program management

    For carrying out, except as otherwise provided, titles XI, XVIII, 
XIX, and XXI of the Social Security Act, titles XIII and XXVII of the 
Public Health Service Act (``PHS Act''), and the Clinical Laboratory 
Improvement Amendments of 1988, not to exceed $3,305,386,000, to be 
transferred from the Federal Hospital Insurance Trust Fund and the 
Federal Supplementary Medical Insurance Trust Fund, as authorized by 
section 201(g) of the Social Security Act; together with all funds 
collected in accordance with section 353 of the PHS Act and section 
1857(e)(2) of the Social Security Act, funds retained by the Secretary 
of Health and Human Services pursuant to section 302 of the Tax Relief 
and Health Care Act of 2006; and such sums as may be collected from 
authorized user fees and the sale of data, which shall be credited to 
this account and remain available until expended: Provided, That all 
funds derived in accordance with 31 U.S.C. 9701 from organizations 
established under title XIII of the PHS Act shall be credited to and 
available for carrying out the purposes of this appropriation: Provided 
further, That $35,700,000, to remain available through September 30, 
2010, shall be for contract costs for the Healthcare Integrated General 
Ledger Accounting System: Provided further, That $108,900,000, to 
remain available through September 30, 2010, shall be for the Centers 
for Medicare and Medicaid Services (``CMS'') Medicare contracting 
reform activities: Provided further, That funds appropriated under this 
heading shall be available for the Healthy Start, Grow Smart program 
under which the CMS may, directly or through grants, contracts, or 
cooperative agreements, produce and distribute informational materials 
including, but not limited to, pamphlets and brochures on infant and 
toddler health care to expectant parents enrolled in the Medicaid 
program and to parents and guardians enrolled in such program with 
infants and children: Provided further, That the Secretary is directed 
to collect fees in fiscal year 2009 from Medicare Advantage 
organizations pursuant to section 1857(e)(2) of the Social Security Act 
and from eligible organizations with risk-sharing contracts under 
section 1876 of that Act pursuant to section 1876(k)(4)(D) of that Act: 
Provided further, That $4,542,000 shall be used for the projects, and 
in the amounts, specified under the heading ``Program Management'' in 
the explanatory statement described in section 4 (in the matter 
preceding division A of this consolidated Act): Provided further, That 
$75,000,000 is available for the State high risk health insurance pool 
program as authorized by the State High Risk Pool Funding Extension Act 
of 2006.

              Health Care Fraud and Abuse Control Account

    In addition to amounts otherwise available for program integrity 
and program management, $198,000,000, to be transferred from the 
Federal Hospital Insurance Trust Fund and the Federal Supplementary 
Medical Insurance Trust Fund, as authorized by section 201(g) of the 
Social Security Act, of which $147,038,000 shall be for the Medicare 
Integrity Program at the Centers for Medicare and Medicaid Services to 
conduct oversight of activities for Medicare Advantage and the Medicare 
Prescription Drug Program authorized in title XVIII of the Social 
Security Act, including activities listed in section 1893(b) of such 
Act; of which $18,967,000 shall be for the Department of Health and 
Human Services Office of Inspector General; of which $13,028,000 shall 
be for the Medicaid and State Children's Health Insurance Program 
(``SCHIP'') program integrity activities; and of which $18,967,000 
shall be for the Department of Justice: Provided, That the report 
required by section 1817(k)(5) of the Social Security Act for fiscal 
year 2009 shall include measures of the operational efficiency and 
impact on fraud, waste, and abuse in the Medicare, Medicaid, and SCHIP 
programs for the funds provided by this appropriation.

                Administration for Children and Families


   Payments to States for Child Support Enforcement and Family Support 
                                Programs

    For making payments to States or other non-Federal entities under 
titles I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the 
Act of July 5, 1960, $2,759,078,000, to remain available until 
expended; and for such purposes for the first quarter of fiscal year 
2010, $1,000,000,000, to remain available until expended.
    For making payments to each State for carrying out the program of 
Aid to Families with Dependent Children under title IV-A of the Social 
Security Act before the effective date of the program of Temporary 
Assistance for Needy Families with respect to such State, such sums as 
may be necessary: Provided, That the sum of the amounts available to a 
State with respect to expenditures under such title IV-A in fiscal year 
1997 under this appropriation and under such title IV-A as amended by 
the Personal Responsibility and Work Opportunity Reconciliation Act of 
1996 shall not exceed the limitations under section 116(b) of such Act.
    For making, after May 31 of the current fiscal year, payments to 
States or other non-Federal entities under titles I, IV-D, X, XI, XIV, 
and XVI of the Social Security Act and the Act of July 5, 1960, for the 
last 3 months of the current fiscal year for unanticipated costs, 
incurred for the current fiscal year, such sums as may be necessary.


                      Refugee and Entrant Assistance

    For necessary expenses for refugee and entrant assistance 
activities authorized by section 414 of the Immigration and Nationality 
Act and section 501 of the Refugee Education Assistance Act of 1980, 
for carrying out section 462 of the Homeland Security Act of 2002, for 
costs associated with the care and placement of unaccompanied alien 
children, and for carrying out the Torture Victims Relief Act of 1998, 
$633,442,000, of which up to $9,814,000 shall be available to carry out 
the Trafficking Victims Protection Act of 2000: Provided, That funds 
appropriated under this heading pursuant to section 414(a) of the 
Immigration and Nationality Act and section 462 of the Homeland 
Security Act of 2002 for fiscal year 2009 shall be available for the 
costs of assistance provided and other activities to remain available 
through September 30, 2011.


    Payments to States for the Child Care and Development Block Grant

    For carrying out the Child Care and Development Block Grant Act of 
1990, $2,127,081,000 shall be used to supplement, not supplant State 
general revenue funds for child care assistance for low-income 
families: Provided, That $18,960,000 shall be available for child care 
resource and referral and school-aged child care activities, of which 
$1,000,000 shall be for the Child Care Aware toll-free hotline: 
Provided further, That, in addition to the amounts required to be 
reserved by the States under section 658G, $271,401,000 shall be 
reserved by the States for activities authorized under section 658G, of 
which $99,534,000 shall be for activities that improve the quality of 
infant and toddler care: Provided further, That $9,910,000 shall be for 
use by the Secretary of Health and Human Services for child care 
research, demonstration, and evaluation activities.


                       Social Services Block Grant

    For making grants to States pursuant to section 2002 of the Social 
Security Act, $1,700,000,000: Provided, That notwithstanding 
subparagraph (B) of section 404(d)(2) of such Act, the applicable 
percent specified under such subparagraph for a State to carry out 
State programs pursuant to title XX of such Act shall be 10 percent.

                children and families services programs

    For carrying out, except as otherwise provided, the Runaway and 
Homeless Youth Act, the Developmental Disabilities Assistance and Bill 
of Rights Act, the Head Start Act, the Child Abuse Prevention and 
Treatment Act, sections 310 and 316 of the Family Violence Prevention 
and Services Act, the Native American Programs Act of 1974, title II of 
the Child Abuse Prevention and Treatment and Adoption Reform Act of 
1978 (adoption opportunities), sections 330F and 330G of the Public 
Health Service Act (``PHS Act''), the Abandoned Infants Assistance Act 
of 1988, sections 261 and 291 of the Help America Vote Act of 2002, 
part B-1 of title IV and sections 413, 1110, and 1115 of the Social 
Security Act; for making payments under the Community Services Block 
Grant Act (``CSBG Act''), sections 439(i), 473B, and 477(i) of the 
Social Security Act, and the Assets for Independence Act; and for 
necessary administrative expenses to carry out such Acts and titles I, 
IV, V, X, XI, XIV, XVI, and XX of the Social Security Act, the Act of 
July 5, 1960, the Low-Income Home Energy Assistance Act of 1981, title 
IV of the Immigration and Nationality Act, section 501 of the Refugee 
Education Assistance Act of 1980, and section 505 of the Family Support 
Act of 1988, $9,301,111,000, of which $36,500,000, to remain available 
through September 30, 2010, shall be for grants to States for adoption 
incentive payments, as authorized by section 473A of the Social 
Security Act and may be made for adoptions completed before September 
30, 2009: Provided, That without regard to the fiscal year limitations 
set forth in section 473A of the Social Security Act, from the amounts 
appropriated herein, the Secretary shall pay adoption incentives for 
fiscal year 2008 in the same manner as such incentives were awarded in 
fiscal year 2008 for the previous fiscal year: Provided further, That 
$7,112,786,000 shall be for making payments under the Head Start Act, 
of which $2,000,000, to remain available through September 30, 2010, 
shall be designated to fund section 657B: Provided further, That 
$746,000,000 shall be for making payments under the CSBG Act: Provided 
further, That not less than $10,000,000 shall be for section 680(3)(B) 
of the CSBG Act: Provided further, That in addition to amounts provided 
herein, $5,762,000 shall be available from amounts available under 
section 241 of the PHS Act to carry out the provisions of section 1110 
of the Social Security Act: Provided further, That to the extent 
Community Services Block Grant funds are distributed as grant funds by 
a State to an eligible entity as provided under the CSBG Act, and have 
not been expended by such entity, they shall remain with such entity 
for carryover into the next fiscal year for expenditure by such entity 
consistent with program purposes: Provided further, That the Secretary 
of Health and Human Services shall establish procedures regarding the 
disposition of intangible assets and program income that permit such 
assets acquired with, and program income derived from, grant funds 
authorized under section 680 of the CSBG Act to become the sole 
property of such grantees after a period of not more than 12 years 
after the end of the grant period for any activity consistent with 
section 680(a)(2)(A) of the CSBG Act: Provided further, That intangible 
assets in the form of loans, equity investments and other debt 
instruments, and program income may be used by grantees for any 
eligible purpose consistent with section 680(a)(2)(A) of the CSBG Act: 
Provided further, That these procedures shall apply to such grant funds 
made available after November 29, 1999: Provided further, That funds 
appropriated for section 680(a)(2) of the CSBG Act shall be available 
for financing construction and rehabilitation and loans or investments 
in private business enterprises owned by community development 
corporations: Provided further, That $47,688,000 shall be for a 
compassion capital fund to provide grants to charitable organizations 
to emulate model social service programs and to encourage research on 
the best practices of social service organizations: Provided further, 
That $17,410,000 shall be for activities authorized by the Help America 
Vote Act of 2002, of which $12,154,000 shall be for payments to States 
to promote access for voters with disabilities, and of which $5,256,000 
shall be for payments to States for protection and advocacy systems for 
voters with disabilities: Provided further, That $94,659,000 shall be 
for making competitive grants to provide abstinence education (as 
defined by section 510(b)(2) of the Social Security Act) to 
adolescents, and for Federal costs of administering the grants: 
Provided further, That grants under the immediately preceding proviso 
shall be made only to public and private entities which agree that, 
with respect to an adolescent to whom the entities provide abstinence 
education under such grants, the entities will not provide to that 
adolescent any other education regarding sexual conduct, except that, 
in the case of an entity expressly required by law to provide health 
information or services the adolescent shall not be precluded from 
seeking health information or services from the entity in a different 
setting than the setting in which abstinence education was provided: 
Provided further, That information provided through such competitive 
grants for abstinence education shall be scientifically accurate and 
shall comply with section 317P(c)(2) of the PHS Act: Provided further, 
That within amounts provided herein for abstinence education for 
adolescents, up to $10,000,000 may be available for a national 
abstinence education campaign: Provided further, That in addition to 
amounts provided herein for abstinence education for adolescents, 
$4,455,000 shall be available from amounts available under section 241 
of the PHS Act to carry out evaluations (including longitudinal 
evaluations) of adolescent pregnancy prevention approaches: Provided 
further, That up to $2,000,000 shall be for improving the Public 
Assistance Reporting Information System, including grants to States to 
support data collection for a study of the system's effectiveness: 
Provided further, That $16,910,000 shall be used for the projects, and 
in the amounts, specified under the heading ``Children and Families 
Services Programs'' in the explanatory statement described in section 4 
(in the matter preceding division A of this consolidated Act).


                    promoting safe and stable families

    For carrying out section 436 of the Social Security Act, 
$345,000,000 and section 437 of such Act, $63,311,000.


        Payments to States for Foster Care and Adoption Assistance

    For making payments to States or other non-Federal entities under 
title IV-E of the Social Security Act, $5,050,000,000.
    For making payments to States or other non-Federal entities under 
title IV-E of the Social Security Act, for the first quarter of fiscal 
year 2010, $1,800,000,000.
    For making, after May 31 of the current fiscal year, payments to 
States or other non-Federal entities under section 474 of title IV-E of 
the Social Security Act, for the last 3 months of the current fiscal 
year for unanticipated costs, incurred for the current fiscal year, 
such sums as may be necessary.

                        Administration on Aging


                         Aging Services Programs

    For carrying out, to the extent not otherwise provided, the Older 
Americans Act of 1965, section 398 of the Public Health Service Act, 
and section 119 of the Medicare Improvements for Patients and Providers 
Act of 2008, $1,491,343,000, of which $5,500,000 shall be available for 
activities regarding medication management, screening, and education to 
prevent incorrect medication and adverse drug reactions: Provided, That 
$5,123,000 shall be used for the projects, and in the amounts, 
specified under the heading ``Aging Services Programs'' in the 
explanatory statement described in section 4 (in the matter preceding 
division A of this consolidated Act).

                        Office of the Secretary

                    general departmental management


                      (including transfer of funds)

    For necessary expenses, not otherwise provided, for general 
departmental management, including hire of six sedans, and for carrying 
out titles III, XVII, XX, XXI, and XXIX of the Public Health Service 
Act (``PHS Act''), the United States-Mexico Border Health Commission 
Act, and research studies under section 1110 of the Social Security 
Act, $389,925,000, together with $5,851,000 to be transferred and 
expended as authorized by section 201(g)(1) of the Social Security Act 
from the Federal Hospital Insurance Trust Fund and the Federal 
Supplementary Medical Insurance Trust Fund, and $46,756,000 from the 
amounts available under section 241 of the PHS Act to carry out 
national health or human services research and evaluation activities: 
Provided, That of this amount, $51,891,000 shall be for minority AIDS 
prevention and treatment activities; $5,789,000 shall be to assist 
Afghanistan in the development of maternal and child health clinics, 
consistent with section 103(a)(4)(H) of the Afghanistan Freedom Support 
Act of 2002; and $1,000,000 shall be transferred, not later than 30 
days after enactment of this Act, to the National Institute of Mental 
Health to administer the Interagency Autism Coordinating Committee: 
Provided further, That of the funds made available under this heading 
for carrying out title XX of the PHS Act, $13,120,000 shall be for 
activities specified under section 2003(b)(2), all of which shall be 
for prevention service demonstration grants under section 510(b)(2) of 
title V of the Social Security Act without application of the 
limitation of section 2010(c) of such title XX: Provided further, That 
funds provided in this Act for embryo adoption activities may be used 
to provide, to individuals adopting embryos, through grants and other 
mechanisms, medical and administrative services deemed necessary for 
such adoptions: Provided further, That such services shall be provided 
consistent with 42 CFR 59.5(a)(4): Provided further, That $2,854,000 
shall be used for the projects, and in the amounts, specified under the 
heading ``General Departmental Management'' in the explanatory 
statement described in section 4 (in the matter preceding division A of 
this consolidated Act): Provided further, That specific information 
requests from the chairmen and ranking members of the Subcommittees on 
Labor, Health and Human Services, and Education, and Related Agencies, 
on scientific research or any other matter, shall be transmitted to the 
Committees on Appropriations of the House of Representatives and the 
Senate (``Committees on Appropriations'') in a prompt, professional 
manner and within the time frame specified in the request: Provided 
further, That scientific information, including such information 
provided in congressional testimony, requested by the Committees on 
Appropriations and prepared by government researchers and scientists 
shall be transmitted to the Committees on Appropriations, uncensored 
and without delay.


                 office of medicare hearings and appeals

    For expenses necessary for administrative law judges responsible 
for hearing cases under title XVIII of the Social Security Act (and 
related provisions of title XI of such Act), $64,604,000, to be 
transferred in appropriate part from the Federal Hospital Insurance 
Trust Fund and the Federal Supplementary Medical Insurance Trust Fund.

  office of the national coordinator for health information technology

    For expenses necessary for the Office of the National Coordinator 
for Health Information Technology, including grants, contracts, and 
cooperative agreements for the development and advancement of 
interoperable health information technology, $43,552,000: Provided, 
That in addition to amounts provided herein, $17,679,000 shall be 
available from amounts available under section 241 of the Public Health 
Service Act.

                      office of inspector general

    For expenses necessary for the Office of Inspector General, 
including the hire of passenger motor vehicles for investigations, in 
carrying out the provisions of the Inspector General Act of 1978, 
$45,279,000: Provided, That of such amount, necessary sums shall be 
available for providing protective services to the Secretary of Health 
and Human Services and investigating non-payment of child support cases 
for which non-payment is a Federal offense under 18 U.S.C. 228: 
Provided further, That at least forty percent of the funds provided in 
this Act for the Office of Inspector General shall be used only for 
investigations, audits, and evaluations pertaining to the discretionary 
programs funded in this Act.

                        office for civil rights

    For expenses necessary for the Office for Civil Rights, 
$36,785,000, together with not to exceed $3,314,000 to be transferred 
and expended as authorized by section 201(g)(1) of the Social Security 
Act from the Federal Hospital Insurance Trust Fund and the Federal 
Supplementary Medical Insurance Trust Fund.

     retirement pay and medical benefits for commissioned officers

    For retirement pay and medical benefits of Public Health Service 
Commissioned Officers as authorized by law, for payments under the 
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan, 
and for medical care of dependents and retired personnel under the 
Dependents' Medical Care Act, such amounts as may be required during 
the current fiscal year.

            public health and social services emergency fund

                     (including transfer of funds)

    For expenses necessary to support activities related to countering 
potential biological, nuclear, radiological and chemical threats to 
civilian populations, and for other public health emergencies, 
$537,704,000, of which not to exceed $22,052,000 shall be to pay the 
costs described in section 319F-2(c)(7)(B) of the Public Health Service 
Act (``PHS Act'').
    For expenses necessary to support advanced research and development 
pursuant to section 319L of the PHS Act, $275,000,000, to be derived by 
transfer from funds appropriated under the heading ``Biodefense 
Countermeasures'' in the Department of Homeland Security Appropriations 
Act, 2004, to remain available through September 30, 2010.
    For expenses necessary to prepare for and respond to an influenza 
pandemic, $448,091,000, together with $137,000,000 to be derived by 
transfer from funds appropriated under the heading ``Biodefense 
Countermeasures'' in the Department of Homeland Security Appropriations 
Act, 2004, of which $507,000,000 shall be available until expended, for 
activities including the development and purchase of vaccine, 
antivirals, necessary medical supplies, diagnostics, and other 
surveillance tools: Provided, That products purchased with these funds 
may, at the discretion of the Secretary of Health and Human Services, 
be deposited in the Strategic National Stockpile under section 319F-2 
of the PHS Act: Provided further, That notwithstanding section 496(b) 
of the PHS Act, funds may be used for the construction or renovation of 
privately owned facilities for the production of pandemic influenza 
vaccines and other biologics, if the Secretary finds such construction 
or renovation necessary to secure sufficient supplies of such vaccines 
or biologics: Provided further, That funds appropriated herein may be 
transferred to other appropriation accounts of the Department of Health 
and Human Services, as determined by the Secretary to be appropriate, 
to be used for the purposes specified in this paragraph.

                           GENERAL PROVISIONS

    Sec. 201. Funds appropriated in this title shall be available for 
not to exceed $50,000 for official reception and representation 
expenses when specifically approved by the Secretary of Health and 
Human Services.
    Sec. 202. The Secretary of Health and Human Services shall make 
available through assignment not more than 60 employees of the Public 
Health Service to assist in child survival activities and to work in 
AIDS programs through and with funds provided by the Agency for 
International Development, the United Nations International Children's 
Emergency Fund or the World Health Organization.
    Sec. 203. None of the funds appropriated in this Act for the 
National Institutes of Health, the Agency for Healthcare Research and 
Quality, and the Substance Abuse and Mental Health Services 
Administration shall be used to pay the salary of an individual, 
through a grant or other extramural mechanism, at a rate in excess of 
Executive Level I.
    Sec. 204. None of the funds appropriated in this Act may be 
expended pursuant to section 241 of the Public Health Service Act, 
except for funds specifically provided for in this Act, or for other 
taps and assessments made by any office located in the Department of 
Health and Human Services, prior to the preparation and submission of a 
report by the Secretary of Health and Human Services to the Committees 
on Appropriations of the House of Representatives and the Senate 
detailing the planned uses of such funds.
    Sec. 205. Notwithstanding section 241(a) of the Public Health 
Service Act, such portion as the Secretary of Health and Human Services 
shall determine, but not more than 2.4 percent, of any amounts 
appropriated for programs authorized under such Act shall be made 
available for the evaluation (directly, or by grants or contracts) of 
the implementation and effectiveness of such programs.


                           (transfer of funds)

    Sec. 206. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985) which are appropriated for the current fiscal year for the 
Department of Health and Human Services in this Act may be transferred 
between a program, project, or activity, but no such program, project, 
or activity shall be increased by more than 3 percent by any such 
transfer: Provided, That the transfer authority granted by this section 
shall be available only to meet emergency needs and shall not be used 
to create any new program or to fund any project or activity for which 
no funds are provided in this Act: Provided further, That the 
Committees on Appropriations of the House of Representatives and the 
Senate are notified at least 15 days in advance of any transfer.


                           (transfer of funds)

    Sec. 207. The Director of the National Institutes of Health, 
jointly with the Director of the Office of AIDS Research, may transfer 
up to 3 percent among institutes and centers from the total amounts 
identified by these two Directors as funding for research pertaining to 
the human immunodeficiency virus: Provided, That the Committees on 
Appropriations of the House of Representatives and the Senate are 
notified at least 15 days in advance of any transfer.


                           (transfer of funds)

    Sec. 208. Of the amounts made available in this Act for the 
National Institutes of Health, the amount for research related to the 
human immunodeficiency virus, as jointly determined by the Director of 
the National Institutes of Health and the Director of the Office of 
AIDS Research, shall be made available to the ``Office of AIDS 
Research'' account. The Director of the Office of AIDS Research shall 
transfer from such account amounts necessary to carry out section 
2353(d)(3) of the Public Health Service Act.
    Sec. 209.  None of the funds appropriated in this Act may be made 
available to any entity under title X of the Public Health Service Act 
unless the applicant for the award certifies to the Secretary of Health 
and Human Services that it encourages family participation in the 
decision of minors to seek family planning services and that it 
provides counseling to minors on how to resist attempts to coerce 
minors into engaging in sexual activities.
    Sec. 210. Notwithstanding any other provision of law, no provider 
of services under title X of the Public Health Service Act shall be 
exempt from any State law requiring notification or the reporting of 
child abuse, child molestation, sexual abuse, rape, or incest.
    Sec. 211. None of the funds appropriated by this Act (including 
funds appropriated to any trust fund) may be used to carry out the 
Medicare Advantage program if the Secretary of Health and Human 
Services denies participation in such program to an otherwise eligible 
entity (including a Provider Sponsored Organization) because the entity 
informs the Secretary that it will not provide, pay for, provide 
coverage of, or provide referrals for abortions: Provided, That the 
Secretary shall make appropriate prospective adjustments to the 
capitation payment to such an entity (based on an actuarially sound 
estimate of the expected costs of providing the service to such 
entity's enrollees): Provided further, That nothing in this section 
shall be construed to change the Medicare program's coverage for such 
services and a Medicare Advantage organization described in this 
section shall be responsible for informing enrollees where to obtain 
information about all Medicare covered services.
    Sec. 212. (a) Except as provided by subsection (e) none of the 
funds appropriated by this Act may be used to withhold substance abuse 
funding from a State pursuant to section 1926 of the Public Health 
Service Act if such State certifies to the Secretary of Health and 
Human Services by May 1, 2009, that the State will commit additional 
State funds, in accordance with subsection (b), to ensure compliance 
with State laws prohibiting the sale of tobacco products to individuals 
under 18 years of age.
    (b) The amount of funds to be committed by a State under subsection 
(a) shall be equal to 1 percent of such State's substance abuse block 
grant allocation for each percentage point by which the State misses 
the retailer compliance rate goal established by the Secretary under 
section 1926 of such Act.
    (c) The State is to maintain State expenditures in fiscal year 2009 
for tobacco prevention programs and for compliance activities at a 
level that is not less than the level of such expenditures maintained 
by the State for fiscal year 2008, and adding to that level the 
additional funds for tobacco compliance activities required under 
subsection (a). The State is to submit a report to the Secretary on all 
fiscal year 2008 State expenditures and all fiscal year 2009 
obligations for tobacco prevention and compliance activities by program 
activity by July 31, 2009.
    (d) The Secretary shall exercise discretion in enforcing the timing 
of the State obligation of the additional funds required by the 
certification described in subsection (a) as late as July 31, 2009.
    (e) None of the funds appropriated by this Act may be used to 
withhold substance abuse funding pursuant to section 1926 of the Public 
Health Service Act from a territory that receives less than $1,000,000.
    Sec. 213. In order for the Department of Health and Human Services 
to carry out international health activities, including HIV/AIDS and 
other infectious disease, chronic and environmental disease, and other 
health activities abroad during fiscal year 2009:
        (1) The Secretary of Health and Human Services may exercise 
    authority equivalent to that available to the Secretary of State in 
    section 2(c) of the State Department Basic Authorities Act of 1956. 
    The Secretary of Health and Human Services shall consult with the 
    Secretary of State and relevant Chief of Mission to ensure that the 
    authority provided in this section is exercised in a manner 
    consistent with section 207 of the Foreign Service Act of 1980 and 
    other applicable statutes administered by the Department of State.
        (2) The Secretary of Health and Human Services is authorized to 
    provide such funds by advance or reimbursement to the Secretary of 
    State as may be necessary to pay the costs of acquisition, lease, 
    alteration, renovation, and management of facilities outside of the 
    United States for the use of the Department of Health and Human 
    Services. The Department of State shall cooperate fully with the 
    Secretary of Health and Human Services to ensure that the 
    Department of Health and Human Services has secure, safe, 
    functional facilities that comply with applicable regulation 
    governing location, setback, and other facilities requirements and 
    serve the purposes established by this Act. The Secretary of Health 
    and Human Services is authorized, in consultation with the 
    Secretary of State, through grant or cooperative agreement, to make 
    available to public or nonprofit private institutions or agencies 
    in participating foreign countries, funds to acquire, lease, alter, 
    or renovate facilities in those countries as necessary to conduct 
    programs of assistance for international health activities, 
    including activities relating to HIV/AIDS and other infectious 
    diseases, chronic and environmental diseases, and other health 
    activities abroad.
    Sec. 214. (a) Authority.--Notwithstanding any other provision of 
law, the Director of the National Institutes of Health (``Director'') 
may use funds available under section 402(b)(7) or 402(b)(12) of the 
Public Health Service Act (``PHS Act'') to enter into transactions 
(other than contracts, cooperative agreements, or grants) to carry out 
research identified pursuant to such section 402(b)(7) (pertaining to 
the Common Fund) or research and activities described in such section 
402(b)(12).
    (b) Peer Review.--In entering into transactions under subsection 
(a), the Director may utilize such peer review procedures (including 
consultation with appropriate scientific experts) as the Director 
determines to be appropriate to obtain assessments of scientific and 
technical merit. Such procedures shall apply to such transactions in 
lieu of the peer review and advisory council review procedures that 
would otherwise be required under sections 301(a)(3), 405(b)(1)(B), 
405(b)(2), 406(a)(3)(A), 492, and 494 of the PHS Act.
    Sec. 215. Funds which are available for Individual Learning 
Accounts for employees of the Centers for Disease Control and 
Prevention (``CDC'') and the Agency for Toxic Substances and Disease 
Registry (``ATSDR'') may be transferred to ``Disease Control, Research, 
and Training'', to be available only for Individual Learning Accounts: 
Provided, That such funds may be used for any individual full-time 
equivalent employee while such employee is employed either by CDC or 
ATSDR.
    Sec. 216. Notwithstanding any other provisions of law, funds made 
available in this Act may be used to continue operating the Council on 
Graduate Medical Education established by section 301 of Public Law 
102-408.
    Sec. 217.  The Director of the National Institutes of Health 
(``NIH'') shall require in the current fiscal year and thereafter that 
all investigators funded by the NIH submit or have submitted for them 
to the National Library of Medicine's PubMed Central an electronic 
version of their final, peer-reviewed manuscripts upon acceptance for 
publication, to be made publicly available no later than 12 months 
after the official date of publication: Provided, That the NIH shall 
implement the public access policy in a manner consistent with 
copyright law.
    Sec. 218. Not to exceed $35,000,000   of funds appropriated by this 
Act to the institutes and centers of the National Institutes of Health 
may be used for alteration, repair, or improvement of facilities, as 
necessary for the proper and efficient conduct of the activities 
authorized herein, at not to exceed $2,500,000 per project.


                           (transfer of funds)

    Sec. 219. Of the amounts made available for the National Institutes 
of Health, 1 percent of the amount made available for National Research 
Service Awards (``NRSA'') shall be made available to the Administrator 
of the Health Resources and Services Administration to make NRSA awards 
for research in primary medical care to individuals affiliated with 
entities who have received grants or contracts under section 747 of the 
Public Health Service Act, and 1 percent of the amount made available 
for NRSA shall be made available to the Director of the Agency for 
Healthcare Research and Quality to make NRSA awards for health service 
research.
    Sec. 220.  Section 223 of division G of the Consolidated 
Appropriations Act, 2008, is amended in its first proviso by striking 
``for'' the first time it appears and inserting ``in''.
    Sec. 221. (a) In General.--Section 1927(c)(1)(D) of the Social 
Security Act (42 U.S.C. Sec. 1396r-8(c)(1)(D)), as added by section 
6001(d)(2) of the Deficit Reduction Act of 2005, is amended--
    (1) in clause (i)--
        (A) by redesignating subclause (IV) as subclause (VI); and
        (B) by inserting after subclause (III) the following:

                    ``(IV) An entity that--

                        ``(aa) is described in section 501(c)(3) of the 
                    Internal Revenue Code of 1986 and exempt from tax 
                    under section 501(a) of such Act or is State-owned 
                    or operated; and
                        ``(bb) would be a covered entity described in 
                    section 340(B)(a)(4) of the Public Health Service 
                    Act insofar as the entity provides the same type of 
                    services to the same type of populations as a 
                    covered entity described in such section provides, 
                    but does not receive funding under a provision of 
                    law referred to in such section;

                    ``(V) A public or nonprofit entity, or an entity 
                based at an institution of higher learning whose 
                primary purpose is to provide health care services to 
                students of that institution, that provides a service 
                or services described under section 1001(a) of the 
                Public Health Service Act, 42 U.S.C. 300.''.

        (2) by adding at the end the following new clause:
                ``(iv) Rule of Construction.--Nothing in this 
            subparagraph shall be construed to alter any existing 
            statutory or regulatory prohibition on services with 
            respect to an entity described in clause (i)(IV), including 
            the prohibition set forth in section 1008 of the Public 
            Health Service Act.''.
    (b) Effective Date.--The amendments made by this subsection shall 
take effect as if included in the amendment made by section 6001(d)(2) 
of the Deficit Reduction Act of 2005.
    Sec. 222. Section 202 of Public Law 102-394 is hereby amended by 
substituting ``4,000'' for ``2,800''.
    Sec. 223. Within 60 days of passage of this Act, the Secretary of 
the Department of Health and Human Services shall issue an Advanced 
Notice of Proposed Rulemaking to solicit public comment in advance of 
modifying regulations at 42 CFR Part 50 Subpart F for the purpose of 
strengthening Federal oversight and identifying enhancements of 
policies, including requirements for financial disclosure to 
institutions, governing financial conflicts of interest among 
extramural investigators receiving grant support from the National 
Institutes of Health.
    Sec. 224. Hereafter, the activities authorized under section 399M 
of the Public Health Service Act shall be known as the ``James T. Walsh 
Universal Newborn Hearing Screening Program.''


                          (rescission of funds)

    Sec. 225. Of the funds available for carrying out section 204 of 
the Ticket to Work and Work Incentives Improvement Act of 1999 (Public 
Law 106-170), $21,500,000 are rescinded: Provided, That notwithstanding 
subsection (c)(3)(B) of such section, in no case may the aggregate 
amount of payments made by the Secretary of Health and Human Services 
to States under such section exceed $223,500,000.
    Sec. 226. Section 1941(b)(1)(B) of the Social Security Act, as 
added by section 7002(b) of the Supplemental Appropriations Act, 2008, 
is amended by inserting ``each of'' after ``for''.
    This title may be cited as the ``Department of Health and Human 
Services Appropriations Act, 2009''.

                               TITLE III

                        DEPARTMENT OF EDUCATION

                    Education for the Disadvantaged

    For carrying out title I of the Elementary and Secondary Education 
Act of 1965 (``ESEA'') and section 418A of the Higher Education Act of 
1965, $15,760,086,000, of which $4,739,881,000 shall become available 
on July 1, 2009, and shall remain available through September 30, 2010, 
and of which $10,841,176,000 shall become available on October 1, 2009, 
and shall remain available through September 30, 2010, for academic 
year 2009-2010: Provided, That $6,597,946,000 shall be for basic grants 
under section 1124 of the ESEA: Provided further, That up to $4,000,000 
of these funds shall be available to the Secretary of Education on 
October 1, 2008, to obtain annually updated local educational-agency-
level census poverty data from the Bureau of the Census: Provided 
further, That $1,365,031,000 shall be for concentration grants under 
section 1124A of the ESEA: Provided further, That $3,264,712,000 shall 
be for targeted grants under section 1125 of the ESEA: Provided 
further, That $3,264,712,000 shall be for education finance incentive 
grants under section 1125A of the ESEA: Provided further, That 
$9,167,000 shall be to carry out sections 1501 and 1503 of the ESEA.

                               Impact Aid

    For carrying out programs of financial assistance to federally 
affected schools authorized by title VIII of the Elementary and 
Secondary Education Act of 1965, $1,265,718,000, of which 
$1,128,535,000 shall be for basic support payments under section 
8003(b), $48,602,000 shall be for payments for children with 
disabilities under section 8003(d), $17,509,000 shall be for 
construction under section 8007(b) and shall remain available through 
September 30, 2010, $66,208,000 shall be for Federal property payments 
under section 8002, and $4,864,000, to remain available until expended, 
shall be for facilities maintenance under section 8008: Provided, That 
for purposes of computing the amount of a payment for an eligible local 
educational agency under section 8003(a) for school year 2008-2009, 
children enrolled in a school of such agency that would otherwise be 
eligible for payment under section 8003(a)(1)(B) of such Act, but due 
to the deployment of both parents or legal guardians, or a parent or 
legal guardian having sole custody of such children, or due to the 
death of a military parent or legal guardian while on active duty (so 
long as such children reside on Federal property as described in 
section 8003(a)(1)(B)), are no longer eligible under such section, 
shall be considered as eligible students under such section, provided 
such students remain in average daily attendance at a school in the 
same local educational agency they attended prior to their change in 
eligibility status.

                      School Improvement Programs

    For carrying out school improvement activities authorized by parts 
A, B, and D of title II, part B of title IV, subparts 6 and 9 of part D 
of title V, parts A and B of title VI, and parts B and C of title VII 
of the Elementary and Secondary Education Act of 1965 (``ESEA''); the 
McKinney-Vento Homeless Assistance Act; section 203 of the Educational 
Technical Assistance Act of 2002; the Compact of Free Association 
Amendments Act of 2003; and the Civil Rights Act of 1964, 
$5,362,016,000, of which $3,495,865,000 shall become available on July 
1, 2009, and remain available through September 30, 2010, and of which 
$1,681,441,000 shall become available on October 1, 2009, and shall 
remain available through September 30, 2010, for academic year 2009-
2010: Provided, That of the funds available for section 2103(a) of the 
ESEA, $5,000,000 shall be available for a school leadership partnership 
initiative and up to $7,500,000 shall be available for teacher and 
principal quality national activities administered by the Secretary of 
Education, as specified in the explanatory statement described in 
section 4 (in the matter preceding division A of this consolidated 
Act): Provided further, That funds made available to carry out part B 
of title VII of the ESEA may be used for construction, renovation and 
modernization of any elementary school, secondary school, or structure 
related to an elementary school or secondary school, run by the 
Department of Education of the State of Hawaii, that serves a 
predominantly Native Hawaiian student body: Provided further, That from 
the funds referred to in the preceding proviso, not less than 
$1,500,000 shall be for a grant to the Department of Education of the 
State of Hawaii for the activities described in such proviso, and 
$1,500,000 shall be for a grant to the University of Hawaii School of 
Law for a Center of Excellence in Native Hawaiian law: Provided 
further, That funds made available to carry out part C of title VII of 
the ESEA may be used for construction: Provided further, That up to 100 
percent of the funds available to a State educational agency under part 
D of title II of the ESEA may be used for subgrants described in 
section 2412(a)(2)(B) of such Act: Provided further, That $57,113,000 
shall be available to carry out section 203 of the Educational 
Technical Assistance Act of 2002: Provided further, That $33,791,000 
shall be available to carry out part D of title V of the ESEA: Provided 
further, That no funds appropriated under this heading may be used to 
carry out section 5494 under the ESEA: Provided further, That 
$17,687,000 shall be available to carry out the Supplemental Education 
Grants program for the Federated States of Micronesia and the Republic 
of the Marshall Islands: Provided further, That up to 5 percent of 
these amounts may be reserved by the Federated States of Micronesia and 
the Republic of the Marshall Islands to administer the Supplemental 
Education Grants programs and to obtain technical assistance, oversight 
and consultancy services in the administration of these grants and to 
reimburse the United States Departments of Labor, Health and Human 
Services, and Education for such services: Provided further, That 
$7,360,000 of the funds available for the Foreign Language Assistance 
Program shall be available for 5-year grants to local educational 
agencies that would work in partnership with one or more institutions 
of higher education to establish or expand articulated programs of 
study in languages critical to United States national security that 
will enable successful students to advance from elementary school 
through college to achieve a superior level of proficiency in those 
languages.

                            Indian Education

    For expenses necessary to carry out, to the extent not otherwise 
provided, title VII, part A of the Elementary and Secondary Education 
Act of 1965, $122,282,000.

                       Innovation and Improvement

    For carrying out activities authorized by part G of title I, 
subpart 5 of part A and parts C and D of title II, parts B, C, and D of 
title V, and section 1504 of the Elementary and Secondary Education Act 
of 1965, $996,425,000: Provided, That $10,649,000 shall be provided to 
the National Board for Professional Teaching Standards to carry out 
section 2151(c), including $1,000,000 to develop a National Board 
certification for principals of elementary and secondary schools: 
Provided further, That from funds for subpart 4, part C of title II, up 
to 3 percent shall be available to the Secretary of Education for 
technical assistance and dissemination of information: Provided 
further, That $347,640,000 shall be available to carry out part D of 
title V: Provided further, That $88,015,000 shall be used for the 
projects, and in the amounts, specified under the heading ``Innovation 
and Improvement'' in the explanatory statement described in section 4 
(in the matter preceding division A of this consolidated Act): Provided 
further, That $97,270,000 of the funds for subpart 1 shall be for 
competitive grants to local educational agencies, including charter 
schools that are local educational agencies, or States, or partnerships 
of: (1) a local educational agency, a State, or both; and (2) at least 
one non-profit organization to develop and implement performance-based 
teacher and principal compensation systems in high-need schools: 
Provided further, That such performance-based compensation systems must 
consider gains in student academic achievement as well as classroom 
evaluations conducted multiple times during each school year among 
other factors and provide educators with incentives to take on 
additional responsibilities and leadership roles: Provided further, 
That up to 5 percent of such funds for competitive grants shall be 
available for technical assistance, training, peer review of 
applications, program outreach and evaluation activities: Provided 
further, That of the funds available for part B of title V, the 
Secretary shall use up to $21,031,000 to carry out activities under 
section 5205(b) and under subpart 2, and shall use not less than 
$195,000,000 to carry out other activities authorized under subpart 1.

                 Safe Schools and Citizenship Education

    For carrying out activities authorized by subpart 3 of part C of 
title II, part A of title IV, and subparts 2, 3 and 10 of part D of 
title V of the Elementary and Secondary Education Act of 1965, 
$690,370,000, of which $294,759,000 shall become available on July 1, 
2009, and remain available through September 30, 2010: Provided, That 
$294,759,000 shall be available for subpart 1 of part A of title IV and 
$220,240,000 shall be available for subpart 2 of part A of title IV: 
Provided further, That $141,912,000 shall be available to carry out 
part D of title V: Provided further, That of the funds available to 
carry out subpart 3 of part C of title II, up to $13,383,000 may be 
used to carry out section 2345 and $2,957,000 shall be used by the 
Center for Civic Education to implement a comprehensive program to 
improve public knowledge, understanding, and support of the Congress 
and the State legislatures.

                      English Language Acquisition

    For carrying out part A of title III of the Elementary and 
Secondary Education Act of 1965, $730,000,000, which shall become 
available on July 1, 2009, and shall remain available through September 
30, 2010, except that 6.5 percent of such amount shall be available on 
October 1, 2008, and shall remain available through September 30, 2010, 
to carry out activities under section 3111(c)(1)(C): Provided, That the 
Secretary of Education shall use the American Community Survey child 
counts to calculate State allocations under such part but, for any 
State that would otherwise receive greater than a 10-percent reduction 
from its previous year's allocation, the Secretary shall carry out such 
calculation using the average of the American Community Survey child 
counts for the 3 most recent years.

                           Special Education

    For carrying out the Individuals with Disabilities Education Act 
(``IDEA'') and the Special Olympics Sport and Empowerment Act of 2004, 
$12,579,677,000, of which $3,726,354,000 shall become available on July 
1, 2009, and shall remain available through September 30, 2010, and of 
which $8,592,383,000 shall become available on October 1, 2009, and 
shall remain available through September 30, 2010, for academic year 
2009-2010: Provided, That $13,250,000 shall be for Recording for the 
Blind and Dyslexic, Inc., to support the development, production, and 
circulation of recorded educational materials: Provided further, That 
$737,000 shall be for the recipient of funds provided by Public Law 
105-78 under section 687(b)(2)(G) of the IDEA (as in effect prior to 
the enactment of the Individuals with Disabilities Education 
Improvement Act of 2004) to provide information on diagnosis, 
intervention, and teaching strategies for children with disabilities: 
Provided further, That the amount for section 611(b)(2) of the IDEA 
shall be equal to the lesser of the amount available for that activity 
during fiscal year 2008, increased by the amount of inflation as 
specified in section 619(d)(2)(B) of the IDEA, or the percentage 
increase in the funds appropriated under section 611(i) of the IDEA: 
Provided further, That funds made available for the Special Olympics 
Sport and Empowerment Act of 2004 may be used to support expenses 
associated with the Special Olympics National and World games hosted in 
the United States.

            Rehabilitation Services and Disability Research

    For carrying out, to the extent not otherwise provided, the 
Rehabilitation Act of 1973, the Assistive Technology Act of 1998, and 
the Helen Keller National Center Act, $3,387,762,000: Provided, That 
$3,088,000 shall be used for the projects, and in the amounts, 
specified under the heading ``Rehabilitation Services and Disability 
Research'' in the explanatory statement described in section 4 (in the 
matter preceding division A of this consolidated Act).

           Special Institutions for Persons With Disabilities


                  american printing house for the blind

    For carrying out the Act of March 3, 1879, $22,599,000.


                national technical institute for the deaf

    For the National Technical Institute for the Deaf under titles I 
and II of the Education of the Deaf Act of 1986, $64,212,000, of which 
$1,175,000 shall be for construction and shall remain available until 
expended: Provided, That from the total amount available, the Institute 
may at its discretion use funds for the endowment program as authorized 
under section 207 of such Act.


                           Gallaudet University

    For the Kendall Demonstration Elementary School, the Model 
Secondary School for the Deaf, and the partial support of Gallaudet 
University under titles I and II of the Education of the Deaf Act of 
1986, $124,000,000, of which $6,000,000 shall be for construction and 
shall remain available until expended: Provided, That from the total 
amount available, the University may at its discretion use funds for 
the endowment program as authorized under section 207 of such Act.

                 Career, Technical, and Adult Education

    For carrying out, to the extent not otherwise provided, the Carl D. 
Perkins Career and Technical Education Act of 2006, the Adult Education 
and Family Literacy Act, subpart 4 of part D of title V of the 
Elementary and Secondary Education Act of 1965 (``ESEA'') and title 
VIII-D of the Higher Education Amendments of 1998, $1,944,348,000, of 
which $4,400,000 shall become available on October 1, 2008 and remain 
available until September 30, 2010, of which $1,148,948,000 shall 
become available on July 1, 2009, and shall remain available through 
September 30, 2010, and of which $791,000,000 shall become available on 
October 1, 2009, and shall remain available through September 30, 2010: 
Provided, That of the amount provided for Adult Education State Grants, 
$67,896,000 shall be made available for integrated English literacy and 
civics education services to immigrants and other limited English 
proficient populations: Provided further, That of the amount reserved 
for integrated English literacy and civics education, notwithstanding 
section 211 of the Adult Education and Family Literacy Act, 65 percent 
shall be allocated to States based on a State's absolute need as 
determined by calculating each State's share of a 10-year average of 
the United States Citizenship and Immigration Services data for 
immigrants admitted for legal permanent residence for the 10 most 
recent years, and 35 percent allocated to States that experienced 
growth as measured by the average of the 3 most recent years for which 
United States Citizenship and Immigration Services data for immigrants 
admitted for legal permanent residence are available, except that no 
State shall be allocated an amount less than $60,000: Provided further, 
That of the amounts made available for the Adult Education and Family 
Literacy Act, $6,878,000 shall be for national leadership activities 
under section 243 and $6,468,000 shall be for the National Institute 
for Literacy under section 242: Provided further, That $88,000,000 
shall be available to support the activities authorized under subpart 4 
of part D of title V of the ESEA, of which up to 5 percent shall become 
available October 1, 2008, and shall remain available through September 
30, 2010, for evaluation, technical assistance, school networks, peer 
review of applications, and program outreach activities, and of which 
not less than 95 percent shall become available on July 1, 2009, and 
remain available through September 30, 2010, for grants to local 
educational agencies: Provided further, That funds made available to 
local educational agencies under this subpart shall be used only for 
activities related to establishing smaller learning communities within 
large high schools or small high schools that provide alternatives for 
students enrolled in large high schools.

                      Student Financial Assistance


                      (including deferral of funds)

    For carrying out subparts 1, 3, and 4 of part A, part C and part E 
of title IV of the Higher Education Act of 1965, $19,156,973,000, which 
shall remain available through September 30, 2010.
    The maximum Pell Grant for which a student shall be eligible during 
award year 2009-2010 shall be $4,860.
    Of the funds made available under section 401A(e)(1)(D) of the 
Higher Education Act of 1965, $887,000,000 shall not be available until 
October 1, 2009.

                       Student Aid Administration

    For Federal administrative expenses to carry out part D of title I, 
and subparts 1, 3, and 4 of part A, and parts B, C, D, and E of title 
IV of the Higher Education Act of 1965, $753,402,000, which shall 
remain available until expended.

                            Higher Education

    For carrying out, to the extent not otherwise provided, titles II, 
III, IV, V, VI, and VII of the Higher Education Act of 1965 (``HEA''), 
section 1543 of the Higher Education Amendments of 1992, the Mutual 
Educational and Cultural Exchange Act of 1961, title VIII of the Higher 
Education Amendments of 1998, part I of subtitle A of title VI of the 
America COMPETES Act, section 515 of the Federal Mine Safety and Health 
Act of 1977, and section 117 of the Carl D. Perkins Career and 
Technical Education Act of 2006, $2,100,150,000: Provided, That 
$9,687,000, to remain available through September 30, 2010, shall be 
available to fund fellowships for academic year 2010-2011 under subpart 
1 of part A of title VII of the HEA, under the terms and conditions of 
such subpart 1: Provided further, That $609,000 shall be for data 
collection and evaluation activities for programs under the HEA, 
including such activities needed to comply with the Government 
Performance and Results Act of 1993: Provided further, That 
notwithstanding any other provision of law, funds made available in 
this Act to carry out title VI of the HEA and section 102(b)(6) of the 
Mutual Educational and Cultural Exchange Act of 1961 may be used to 
support visits and study in foreign countries by individuals who are 
participating in advanced foreign language training and international 
studies in areas that are vital to United States national security and 
who plan to apply their language skills and knowledge of these 
countries in the fields of government, the professions, or 
international development: Provided further, That of the funds referred 
to in the preceding proviso up to 1 percent may be used for program 
evaluation, national outreach, and information dissemination 
activities: Provided further, That up to $6,556,000 shall be available 
to continue funding for recipients of multi-year awards under section 
204 of the HEA, as that Act was in effect prior to the date of 
enactment of the Higher Education Opportunity Act (``HEOA''), in 
accordance with the terms of their awards: Provided further, That 
notwithstanding any other provision of law, funds available under 
section 371 of the HEA for Tribal Colleges and Universities may be used 
for construction grants, including such funds to recipients of 
continuation grants for multi-year awards that were made in fiscal year 
2008 under section 316 of the HEA, as that Act was in effect prior to 
the date of enactment of the HEOA, in accordance with the terms of such 
multi-year awards: Provided further, That notwithstanding any other 
provision of law, a recipient of a multi-year award under section 316 
of the HEA, as that section was in effect prior to the date of 
enactment of the HEOA, that would have otherwise received a 
continuation award for fiscal year 2009 under that section, shall 
receive under section 316, as amended by the HEOA, not less than the 
amount that such recipient would have received under such a 
continuation award: Provided further, That the portion of the funds 
received under section 316 by a recipient described in the preceding 
proviso that is equal to the amount of such continuation award shall be 
used in accordance with the terms of such continuation award: Provided 
further, That $1,000,000, to remain available until expended, shall be 
available to carry out a scholarship program for the purpose of 
increasing the skilled workforce for industrial health and safety 
occupations, including mine safety: Provided further, That the 
Secretary of Education shall identify these scholarships as ``Erma Byrd 
Scholarships'': Provided further, That such scholarships shall be 
awarded without regard to an applicant's prior work experience, but the 
Secretary shall, notwithstanding section 437 of the General Education 
Provisions Act and 5 U.S.C. 553, by notice in the Federal Register, 
establish the eligibility requirements, service obligations, payback 
requirements, and other program requirements similar to those specified 
in section 515 of the Federal Mine Safety and Health Act as are 
necessary to implement such a program: Provided further, That such 
scholarship funds may be used to replace a student's expected family 
contribution, but institutions accepting such scholarship funds may not 
use these funds to supplant existing institutional aid: Provided 
further, That the Secretary shall be authorized to accept contributions 
for such scholarships from private sources: Provided further, That 
these funds shall be used for scholarships for academic year 2009-2010 
and may be available for scholarships in academic year 2010-2011: 
Provided further, That $91,243,000 shall be used for the projects, and 
in the amounts, specified under the heading ``Higher Education'' in the 
explanatory statement described in section 4 (in the matter preceding 
division A of this consolidated Act).

                           Howard University

    For partial support of Howard University, $234,977,000, of which 
not less than $3,464,000 shall be for a matching endowment grant 
pursuant to the Howard University Endowment Act and shall remain 
available until expended.

         College Housing and Academic Facilities Loans Program

    For Federal administrative expenses to carry out activities related 
to existing facility loans pursuant to section 121 of the Higher 
Education Act of 1965, $461,000.

  Historically Black College and University Capital Financing Program 
                                Account

    Notwithstanding the limitations contained in section 344(a) of the 
Higher Education Act of 1965 (``HEA''), the aggregate principal amount 
of outstanding bonds insured under the Historically Black College and 
University Capital Financing Program is authorized to equal but not 
exceed $725,000,000, which may be used for loans to public and private 
historically black colleges and universities without regard to 
paragraphs (1) and (2) of section 344(a).
    For the cost of guaranteed loans, $10,000,000, as authorized 
pursuant to Part D of title III of the HEA: 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 these funds are available to subsidize total loan principal, any 
part of which is to be guaranteed, not to exceed $100,000,000. In 
addition, for administrative expenses to carry out the Historically 
Black College and University Capital Financing Program entered into 
pursuant to part D of title III of the HEA, $354,000.

                    Institute of Education Sciences

    For carrying out activities authorized by the Education Sciences 
Reform Act of 2002, the National Assessment of Educational Progress 
Authorization Act, section 208 of the Educational Technical Assistance 
Act of 2002, and section 664 of the Individuals with Disabilities 
Education Act, $617,175,000, of which $312,241,000 shall be available 
until September 30, 2010: Provided, That funds available to carry out 
section 208 of the Educational Technical Assistance Act may be used for 
Statewide data systems that include postsecondary and workforce 
information: Provided further, That up to $5,000,000 of the funds 
available to carry out section 208 of the Educational Technical 
Assistance Act may be used for State data coordinators and for awards 
to public or private organizations or agencies to improve data 
coordination.

                        Departmental Management


                          program administration

    For carrying out, to the extent not otherwise provided, the 
Department of Education Organization Act, including rental of 
conference rooms in the District of Columbia and hire of three 
passenger motor vehicles, $433,482,000, of which $5,400,000, to remain 
available until expended, shall be for relocation of, and renovation of 
buildings occupied by, Department staff.


                         Office for Civil Rights

    For expenses necessary for the Office for Civil Rights, as 
authorized by section 203 of the Department of Education Organization 
Act, $96,826,000.


                     Office of the Inspector General

    For expenses necessary for the Office of the Inspector General, as 
authorized by section 212 of the Department of Education Organization 
Act, $54,539,000.

                           General Provisions

    Sec. 301. No funds appropriated in this Act may be used for the 
transportation of students or teachers (or for the purchase of 
equipment for such transportation) in order to overcome racial 
imbalance in any school or school system, or for the transportation of 
students or teachers (or for the purchase of equipment for such 
transportation) in order to carry out a plan of racial desegregation of 
any school or school system.
    Sec. 302. None of the funds contained in this Act shall be used to 
require, directly or indirectly, the transportation of any student to a 
school other than the school which is nearest the student's home, 
except for a student requiring special education, to the school 
offering such special education, in order to comply with title VI of 
the Civil Rights Act of 1964. For the purpose of this section an 
indirect requirement of transportation of students includes the 
transportation of students to carry out a plan involving the 
reorganization of the grade structure of schools, the pairing of 
schools, or the clustering of schools, or any combination of grade 
restructuring, pairing or clustering. The prohibition described in this 
section does not include the establishment of magnet schools.
    Sec. 303. No funds appropriated in this Act may be used to prevent 
the implementation of programs of voluntary prayer and meditation in 
the public schools.


                           (transfer of funds)

    Sec. 304. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985) which are appropriated for the Department of Education in this 
Act may be transferred between appropriations, but no such 
appropriation shall be increased by more than 3 percent by any such 
transfer: Provided, That the transfer authority granted by this section 
shall be available only to meet emergency needs and shall not be used 
to create any new program or to fund any project or activity for which 
no funds are provided in this Act: Provided further, That the 
Committees on Appropriations of the House of Representatives and the 
Senate are notified at least 15 days in advance of any transfer.
    Sec. 305. The signature pages submitted by Heart Butte School 
District in Pondera County, Montana, as part of its application for 
Impact Aid under title VIII of the Elementary and Secondary Education 
Act of 1965, shall be considered to have been timely and complete for 
purposes of receiving funding under such program for fiscal year 2009.
    Sec. 306. The Outlying Areas may consolidate funds received under 
this Act as well as any remaining funds received under the Department 
of Education Appropriations Act, 2008, pursuant to 48 U.S.C. 1469a, 
under part A of title V of the Elementary and Secondary Education Act.
    This title may be cited as the ``Department of Education 
Appropriations Act, 2009''.

                                TITLE IV

                            RELATED AGENCIES

 Committee for Purchase From People Who Are Blind or Severely Disabled


                          Salaries and Expenses

    For expenses necessary for the Committee for Purchase From People 
Who Are Blind or Severely Disabled established by Public Law 92-28, 
$5,094,000.

             Corporation for National and Community Service

                           operating expenses

    For necessary expenses for the Corporation for National and 
Community Service to carry out the Domestic Volunteer Service Act of 
1973 (``1973 Act'') and the National and Community Service Act of 1990 
(``1990 Act''), $680,564,000, of which $309,835,000 shall be to carry 
out the 1973 Act and $370,729,000 shall be to carry out the 1990 Act: 
Provided, That $27,500,000 of the amount provided under this heading 
shall be available to carry out subtitle E of the 1990 Act at five 
campuses throughout the United States: Provided further, That up to 1 
percent of program grant funds may be used to defray the costs of 
conducting grant application reviews, including the use of outside peer 
reviewers and electronic management of the grants cycle: Provided 
further, That none of the funds made available under this heading for 
activities authorized by section 122 and part E of title II of the 1973 
Act shall be used to provide stipends or other monetary incentives to 
program participants or volunteer leaders whose incomes exceed the 
income guidelines in subsections 211(e) and 213(b) of the 1973 Act: 
Provided further, That notwithstanding subtitle H of title I of the 
1990 Act, none of the funds provided for quality and innovation 
activities shall be used to support salaries and related expenses 
(including travel) attributable to Corporation for National and 
Community Service employees: Provided further, That of the amounts 
provided under this heading: (1) not more than $55,000,000 of grants 
made under subtitle C of the 1990 Act may be used to administer, 
reimburse, or support any national service program authorized under 
section 129(d)(2) of the 1990 Act; and (2) $11,790,000 shall be to 
provide assistance to State commissions on national and community 
service, under section 126(a) of the 1990 Act and notwithstanding 
section 501(a)(4) of the 1990 Act.

                         national service trust

                     (including transfer of funds)

    For necessary expenses for the National Service Trust established 
under subtitle D of title I of the National and Community Service Act 
of 1990 (``1990 Act''), $131,075,000, to remain available until 
expended: Provided, That the Corporation for National and Community 
Service may transfer additional funds from the amount provided within 
``Operating Expenses'' for grants made under subtitle C of the 1990 Act 
to this appropriation upon determination that such transfer is 
necessary to support the activities of national service participants 
and after notice is transmitted to the Committees on Appropriations of 
the House of Representatives and the Senate: Provided further, That 
amounts appropriated for or transferred to the National Service Trust 
may be invested under section 145(b) of the 1990 Act without regard to 
the requirement to apportion funds under 31 U.S.C. 1513(b).


                          Salaries and Expenses

    For necessary expenses of administration as provided under section 
501(a)(4) of the National and Community Service Act of 1990 and under 
section 504(a) of the Domestic Volunteer Service Act of 1973, including 
payment of salaries, authorized travel, hire of passenger motor 
vehicles, the rental of conference rooms in the District of Columbia, 
the employment of experts and consultants authorized under 5 U.S.C. 
3109, and not to exceed $2,500 for official reception and 
representation expenses, $71,715,000.


                       Office of Inspector General

    For necessary expenses of the Office of Inspector General in 
carrying out the Inspector General Act of 1978, $6,512,000.


                        Administrative Provisions

    Sec. 401. Notwithstanding any other provision of law, the term 
``qualified student loan'' with respect to national service education 
awards shall mean any loan determined by an institution of higher 
education to be necessary to cover a student's cost of attendance at 
such institution and made, insured, or guaranteed directly to a student 
by a State agency, in addition to other meanings under section 
148(b)(7) of the National and Community Service Act of 1990.
    Sec. 402. Notwithstanding any other provision of law, funds made 
available under section 129(d)(5)(B) of the National and Community 
Service Act of 1990 (``1990 Act'') to assist entities in placing 
applicants who are individuals with disabilities may be provided to any 
entity that receives a grant under section 121 of the 1990 Act.
    Sec. 403.  The Corporation for National and Community Service 
(``the Corporation'') shall make any significant changes to program 
requirements, service delivery or policy only through public notice and 
comment rulemaking. For fiscal year 2009, during any grant selection 
process, an officer or employee of the Corporation shall not knowingly 
disclose any covered grant selection information regarding such 
selection, directly or indirectly, to any person other than an officer 
or employee of the Corporation that is authorized by the Corporation to 
receive such information.
    Sec. 404.  Professional Corps programs described in section 
122(a)(8) of the National and Community Service Act of 1990 may apply 
to the Corporation for National and Community Service for a waiver of 
application of section 140(c)(2).
    Sec. 405. Notwithstanding 31 U.S.C. 1342, the Corporation for 
National and Community Service (``the Corporation'') may solicit and 
accept the services of organizations and individuals (other than 
participants) to assist the Corporation in carrying out the duties of 
the Corporation under the national service laws: Provided, That an 
individual who provides services under this section shall be subject to 
the same protections and limitations as volunteers under section 196(a) 
of the National and Community Service Act of 1990.
    Sec. 406. Organizations operating projects under the AmeriCorps 
Education Awards Program shall do so without regard to the requirements 
of sections 121(d) and (e), 131(e), 132, and 140(a), (d), and (e) of 
the National and Community Service Act of 1990.
    Sec. 407. AmeriCorps programs receiving grants under the National 
Service Trust program shall meet an overall minimum share requirement 
of 24 percent for the first three years that they receive AmeriCorps 
funding, and thereafter shall meet the overall minimum share 
requirement as provided in section 2521.60 of title 45, Code of Federal 
Regulations, without regard to the operating costs match requirement in 
section 121(e) or the member support Federal share limitations in 
section 140 of the National and Community Service Act of 1990, and 
subject to partial waiver consistent with section 2521.70 of title 45, 
Code of Federal Regulations.
    Sec. 408. Notwithstanding any other provision of law, formula-based 
grants to States and territories under section 129(a)(1)-(2) of the 
National and Community Service Act of 1990 to operate AmeriCorps 
programs may be made if the application describes proposed positions 
into which participants will be placed, the proposed minimum 
qualifications of such participants, and includes an assurance that the 
State will select national service programs for subgrants on a 
competitive basis, and an assurance that the aforementioned information 
will be provided for each subgrant awarded prior to the execution of 
such subgrants.


                           (transfer of funds)

    Sec. 409.  For fiscal year 2009 and thereafter, in addition to 
amounts otherwise provided to the National Service Trust, at no later 
than the end of the fifth fiscal year after the fiscal year for which 
funds are appropriated or otherwise made available, unobligated 
balances of appropriations available for grants under the National 
Service Trust Program under subtitle C of title I of the 1990 Act 
during such fiscal year may be transferred to the National Service 
Trust after notice is transmitted to the Committees on Appropriations 
of the House of Representatives and the Senate, if such funds are 
initially obligated before the expiration of their period of 
availability.
    Sec. 410. Of the amounts provided in this Act which the Corporation 
for National and Community Service (``the Corporation'') allocates for 
the provision of assistance under subsections 129(a) and (b) of the 
National and Community Service Act of 1990 (``1990 Act''), the 
Corporation shall apply the formula in section 129(a)(1) of the 1990 
Act in such a manner so as to ensure that each State shall receive a 
minimum of $500,000: Provided, That, in no event shall the total amount 
allotted under section 129(a)(1) exceed 33\1/3\ percent of the funds 
allocated by the Corporation for the provision of assistance under 
subsections 129(a) and (b) of the 1990 Act.
    Sec. 411. Notwithstanding section 139(b) of the National and 
Community Service Act of 1990 (``1990 Act''), an individual in an 
approved national service position performing full-time or part-time 
national service directly related to disaster relief efforts may 
continue in that term of service for a period of 6 months beyond the 
periods otherwise specified in sections 139(b) and 153(e) of the 1990 
Act or section 104 of the Domestic Volunteer Service Act of 1973. 
Service in an extended term as provided under this section shall 
constitute a single term of service for purposes of sections 146(b) and 
(c) of the 1990 Act.
    Sec. 412. Donations made to the Corporation for National and 
Community Service (``the Corporation'') under section 196 of the 
National and Community Service Act of 1990 (``1990 Act'') for the 
purposes of financing programs and operations under titles I and II of 
the 1973 Act or subtitles B, C, D, or E of title I of the 1990 Act 
shall be used to supplement and not supplant current programs and 
operations.

                  Corporation for Public Broadcasting

    For payment to the Corporation for Public Broadcasting 
(``Corporation''), as authorized by the Communications Act of 1934, an 
amount which shall be available within limitations specified by that 
Act, for the fiscal year 2011, $430,000,000: Provided, That no funds 
made available to the Corporation by this Act shall be used to pay for 
receptions, parties, or similar forms of entertainment for Government 
officials or employees: Provided further, That none of the funds 
contained in this paragraph shall be available or used to aid or 
support any program or activity from which any person is excluded, or 
is denied benefits, or is discriminated against, on the basis of race, 
color, national origin, religion, or sex: Provided further, That no 
funds made available to the Corporation by this Act shall be used to 
apply any political test or qualification in selecting, appointing, 
promoting, or taking any other personnel action with respect to 
officers, agents, and employees of the Corporation: Provided further, 
That for fiscal year 2009, in addition to the amounts provided above, 
$34,591,000 shall be for costs related to digital program production, 
development, and distribution, associated with the transition of public 
broadcasting to digital broadcasting, to be awarded as determined by 
the Corporation in consultation with public radio and television 
licensees or permittees, or their designated representatives: Provided 
further, That for fiscal year 2009, in addition to the amounts provided 
above, $26,642,000 is available pursuant to section 396(k)(10) of the 
Communications Act of 1934 for replacement and upgrade of the public 
radio interconnection system: Provided further, That none of the funds 
made available to the Corporation by this Act, division G of the 
Consolidated Appropriations Act, 2008, or the Continuing Appropriations 
Resolution, 2007, shall be used to support the Television Future Fund 
or any similar purpose.

               Federal Mediation and Conciliation Service

                         salaries and expenses

    For expenses necessary for the Federal Mediation and Conciliation 
Service (``Service'') to carry out the functions vested in it by the 
Labor Management Relations Act, 1947, including hire of passenger motor 
vehicles; for expenses necessary for the Labor-Management Cooperation 
Act of 1978; and for expenses necessary for the Service to carry out 
the functions vested in it by the Civil Service Reform Act, 
$45,476,000: Provided, That notwithstanding 31 U.S.C. 3302, fees 
charged, up to full-cost recovery, for special training activities and 
other conflict resolution services and technical assistance, including 
those provided to foreign governments and international organizations, 
and for arbitration services shall be credited to and merged with this 
account, and shall remain available until expended: Provided further, 
That fees for arbitration services shall be available only for 
education, training, and professional development of the agency 
workforce: Provided further, That the Director of the Service is 
authorized to accept and use on behalf of the United States gifts of 
services and real, personal, or other property in the aid of any 
projects or functions within the Director's jurisdiction.

            Federal Mine Safety and Health Review Commission


                          Salaries and Expenses

    For expenses necessary for the Federal Mine Safety and Health 
Review Commission, $8,653,000.

                Institute of Museum and Library Services

    office of museum and library services: grants and administration

    For carrying out the Museum and Library Services Act of 1996 and 
the National Museum of African American History and Culture Act, 
$274,840,000, of which $10,737,000 shall be used for the projects, and 
in the amounts, specified under the heading ``Office of Museum and 
Library Services: Grants and Administration'' in the explanatory 
statement described in section 4 (in the matter preceding division A of 
this consolidated Act): Provided, That funds may be made available for 
support through inter-agency agreement or grant to commemorative 
Federal commissions that support museum and library activities, in 
partnership with libraries and museums that are eligible for funding 
under programs carried out by the Institute of Museum and Library 
Services.

                  Medicare Payment Advisory Commission

                         salaries and expenses

    For expenses necessary to carry out section 1805 of the Social 
Security Act, $11,403,000, to be transferred to this appropriation from 
the Federal Hospital Insurance Trust Fund and the Federal Supplementary 
Medical Insurance Trust Fund.

                     National Council on Disability


                          Salaries and Expenses

    For expenses necessary for the National Council on Disability as 
authorized by title IV of the Rehabilitation Act of 1973, $3,206,000.

                     National Labor Relations Board


                          Salaries and Expenses

    For expenses necessary for the National Labor Relations Board to 
carry out the functions vested in it by the Labor-Management Relations 
Act, 1947, and other laws, $262,595,000: Provided, That no part of this 
appropriation shall be available to organize or assist in organizing 
agricultural laborers or used in connection with investigations, 
hearings, directives, or orders concerning bargaining units composed of 
agricultural laborers as referred to in section 2(3) of the Act of July 
5, 1935, and as amended by the Labor-Management Relations Act, 1947, 
and as defined in section 3(f) of the Act of June 25, 1938, and 
including in said definition employees engaged in the maintenance and 
operation of ditches, canals, reservoirs, and waterways when maintained 
or operated on a mutual, nonprofit basis and at least 95 percent of the 
water stored or supplied thereby is used for farming purposes.

                        National Mediation Board


                          Salaries and Expenses

    For expenses necessary to carry out the provisions of the Railway 
Labor Act, including emergency boards appointed by the President, 
$12,992,000.

            Occupational Safety and Health Review Commission


                          Salaries and Expenses

    For expenses necessary for the Occupational Safety and Health 
Review Commission, $11,186,000.

                       Railroad Retirement Board


                      Dual Benefits Payments Account

    For payment to the Dual Benefits Payments Account, authorized under 
section 15(d) of the Railroad Retirement Act of 1974, $72,000,000, 
which shall include amounts becoming available in fiscal year 2009 
pursuant to section 224(c)(1)(B) of Public Law 98-76; and in addition, 
an amount, not to exceed 2 percent of the amount provided herein, shall 
be available proportional to the amount by which the product of 
recipients and the average benefit received exceeds the amount 
available for payment of vested dual benefits: Provided, That the total 
amount provided herein shall be credited in 12 approximately equal 
amounts on the first day of each month in the fiscal year.


           Federal Payments to the Railroad Retirement Accounts

    For payment to the accounts established in the Treasury for the 
payment of benefits under the Railroad Retirement Act for interest 
earned on unnegotiated checks, $150,000, to remain available through 
September 30, 2010, which shall be the maximum amount available for 
payment pursuant to section 417 of Public Law 98-76.


                       Limitation on Administration

    For necessary expenses for the Railroad Retirement Board 
(``Board'') for administration of the Railroad Retirement Act and the 
Railroad Unemployment Insurance Act, $105,463,000, to be derived in 
such amounts as determined by the Board from the railroad retirement 
accounts and from moneys credited to the railroad unemployment 
insurance administration fund.

             limitation on the office of inspector general

    For expenses necessary for the Office of Inspector General 
(``Office'') for audit, investigatory and review activities, as 
authorized by the Inspector General Act of 1978, not more than 
$7,806,000, to be derived from the railroad retirement accounts and 
railroad unemployment insurance account: Provided, That none of the 
funds made available in any other paragraph of this Act may be 
transferred to the Office; used to carry out any such transfer; used to 
provide any office space, equipment, office supplies, communications 
facilities or services, maintenance services, or administrative 
services for the Office; used to pay any salary, benefit, or award for 
any personnel of the Office; used to pay any other operating expense of 
the Office; or used to reimburse the Office for any service provided, 
or expense incurred, by the Office, except as permitted pursuant to the 
last proviso under this heading in division G of the Consolidated 
Appropriations Act, 2008.

                     Social Security Administration


                 Payments to Social Security Trust Funds

    For payment to the Federal Old-Age and Survivors Insurance Trust 
Fund and the Federal Disability Insurance Trust Fund, as provided under 
sections 201(m), 228(g), and 1131(b)(2) of the Social Security Act, 
$20,406,000.


                   Supplemental Security Income Program

    For carrying out titles XI and XVI of the Social Security Act, 
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as 
amended, and section 405 of Public Law 95-216, including payment to the 
Social Security trust funds for administrative expenses incurred 
pursuant to section 201(g)(1) of the Social Security Act, 
$30,471,537,000, to remain available until expended: Provided, That any 
portion of the funds provided to a State in the current fiscal year and 
not obligated by the State during that year shall be returned to the 
Treasury.
    For making, after June 15 of the current fiscal year, benefit 
payments to individuals under title XVI of the Social Security Act, for 
unanticipated costs incurred for the current fiscal year, such sums as 
may be necessary.
    For making benefit payments under title XVI of the Social Security 
Act for the first quarter of fiscal year 2010, $15,400,000,000, to 
remain available until expended.


                  Limitation on Administrative Expenses

    For necessary expenses, including the hire of two passenger motor 
vehicles, and not to exceed $15,000 for official reception and 
representation expenses, not more than $10,067,500,000 may be expended, 
as authorized by section 201(g)(1) of the Social Security Act, from any 
one or all of the trust funds referred to therein: Provided, That not 
less than $2,000,000 shall be for the Social Security Advisory Board: 
Provided further, That unobligated balances of funds provided under 
this paragraph at the end of fiscal year 2009 not needed for fiscal 
year 2009 shall remain available until expended to invest in the Social 
Security Administration information technology and telecommunications 
hardware and software infrastructure, including related equipment and 
non-payroll administrative expenses associated solely with this 
information technology and telecommunications infrastructure: Provided 
further, That reimbursement to the trust funds under this heading for 
expenditures for official time for employees of the Social Security 
Administration pursuant to 5 U.S.C. 7131, and for facilities or support 
services for labor organizations pursuant to policies, regulations, or 
procedures referred to in section 7135(b) of such title shall be made 
by the Secretary of the Treasury, with interest, from amounts in the 
general fund not otherwise appropriated, as soon as possible after such 
expenditures are made.
    From funds provided under the first paragraph, not less than 
$264,000,000 shall be available for the cost associated with conducting 
continuing disability reviews under titles II and XVI of the Social 
Security Act and for the cost associated with conducting 
redeterminations of eligibility under title XVI of the Social Security 
Act.
    In addition to the amounts made available above, and subject to the 
same terms and conditions, $240,000,000, for additional continuing 
disability reviews and redeterminations of eligibility: Provided, That 
the Commissioner shall provide to the Congress (at the conclusion of 
the fiscal year) a report on the obligation and expenditure of these 
additional amounts, similar to the reports that were required by 
section 103(d)(2) of Public Law 104-121 for fiscal years 1996 through 
2002.
    In addition, $145,000,000 to be derived from administration fees in 
excess of $5.00 per supplementary payment collected pursuant to section 
1616(d) of the Social Security Act or section 212(b)(3) of Public Law 
93-66, which shall remain available until expended. To the extent that 
the amounts collected pursuant to such sections in fiscal year 2009 
exceed $145,000,000, the amounts shall be available in fiscal year 2010 
only to the extent provided in advance in appropriations Acts.
    In addition, up to $1,000,000 to be derived from fees collected 
pursuant to section 303(c) of the Social Security Protection Act, which 
shall remain available until expended.

                      office of inspector general


                      (including transfer of funds)

    For expenses necessary for the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$28,000,000, together with not to exceed $70,127,000, to be transferred 
and expended as authorized by section 201(g)(1) of the Social Security 
Act from the Federal Old-Age and Survivors Insurance Trust Fund and the 
Federal Disability Insurance Trust Fund.
    In addition, an amount not to exceed 3 percent of the total 
provided in this appropriation may be transferred from the ``Limitation 
on Administrative Expenses'', Social Security Administration, to be 
merged with this account, to be available for the time and purposes for 
which this account is available: Provided, That notice of such 
transfers shall be transmitted promptly to the Committees on 
Appropriations of the House of Representatives and the Senate.

                                TITLE V

                           GENERAL PROVISIONS

    Sec. 501. The Secretaries of Labor, Health and Human Services, and 
Education are authorized to transfer unexpended balances of prior 
appropriations to accounts corresponding to current appropriations 
provided in this Act. Such transferred balances shall be used for the 
same purpose, and for the same periods of time, for which they were 
originally appropriated.
    Sec. 502. 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. 503. (a) No part of any appropriation contained in this Act 
shall be used, other than for normal and recognized executive-
legislative relationships, for publicity or propaganda purposes, for 
the preparation, distribution, or use of any kit, pamphlet, booklet, 
publication, radio, television, or video presentation designed to 
support or defeat legislation pending before the Congress or any State 
legislature, except in presentation to the Congress or any State 
legislature itself.
    (b) No part of any appropriation contained in this Act shall be 
used to pay the salary or expenses of any grant or contract recipient, 
or agent acting for such recipient, related to any activity designed to 
influence legislation or appropriations pending before the Congress or 
any State legislature.
    Sec. 504. The Secretaries of Labor and Education are authorized to 
make available not to exceed $28,000 and $20,000, respectively, from 
funds available for salaries and expenses under titles I and III, 
respectively, for official reception and representation expenses; the 
Director of the Federal Mediation and Conciliation Service is 
authorized to make available for official reception and representation 
expenses not to exceed $5,000 from the funds available for ``Federal 
Mediation and Conciliation Service, Salaries and expenses''; and the 
Chairman of the National Mediation Board is authorized to make 
available for official reception and representation expenses not to 
exceed $5,000 from funds available for ``National Mediation Board, 
Salaries and expenses''.
    Sec. 505. Notwithstanding any other provision of this Act, no funds 
appropriated in this Act shall be used to carry out any program of 
distributing sterile needles or syringes for the hypodermic injection 
of any illegal drug.
    Sec. 506. When issuing statements, press releases, requests for 
proposals, bid solicitations and other documents describing projects or 
programs funded in whole or in part with Federal money, all grantees 
receiving Federal funds included in this Act, including but not limited 
to State and local governments and recipients of Federal research 
grants, shall clearly state--
        (1) the percentage of the total costs of the program or project 
    which will be financed with Federal money;
        (2) the dollar amount of Federal funds for the project or 
    program; and
        (3) percentage and dollar amount of the total costs of the 
    project or program that will be financed by non-governmental 
    sources.
    Sec. 507. (a) None of the funds appropriated in this Act, and none 
of the funds in any trust fund to which funds are appropriated in this 
Act, shall be expended for any abortion.
    (b) None of the funds appropriated in this Act, and none of the 
funds in any trust fund to which funds are appropriated in this Act, 
shall be expended for health benefits coverage that includes coverage 
of abortion.
    (c) The term ``health benefits coverage'' means the package of 
services covered by a managed care provider or organization pursuant to 
a contract or other arrangement.
    Sec. 508. (a) The limitations established in the preceding section 
shall not apply to an abortion--
        (1) if the pregnancy is the result of an act of rape or incest; 
    or
        (2) in the case where a woman suffers from a physical disorder, 
    physical injury, or physical illness, including a life-endangering 
    physical condition caused by or arising from the pregnancy itself, 
    that would, as certified by a physician, place the woman in danger 
    of death unless an abortion is performed.
    (b) Nothing in the preceding section shall be construed as 
prohibiting the expenditure by a State, locality, entity, or private 
person of State, local, or private funds (other than a State's or 
locality's contribution of Medicaid matching funds).
    (c) Nothing in the preceding section shall be construed as 
restricting the ability of any managed care provider from offering 
abortion coverage or the ability of a State or locality to contract 
separately with such a provider for such coverage with State funds 
(other than a State's or locality's contribution of Medicaid matching 
funds).
    (d)(1) None of the funds made available in this Act may be made 
available to a Federal agency or program, or to a State or local 
government, if such agency, program, or government subjects any 
institutional or individual health care entity to discrimination on the 
basis that the health care entity does not provide, pay for, provide 
coverage of, or refer for abortions.
    (2) In this subsection, the term ``health care entity'' includes an 
individual physician or other health care professional, a hospital, a 
provider-sponsored organization, a health maintenance organization, a 
health insurance plan, or any other kind of health care facility, 
organization, or plan.
    Sec. 509. (a) None of the funds made available in this Act may be 
used for--
        (1) the creation of a human embryo or embryos for research 
    purposes; or
        (2) research in which a human embryo or embryos are destroyed, 
    discarded, or knowingly subjected to risk of injury or death 
    greater than that allowed for research on fetuses in utero under 45 
    CFR 46.204(b) and section 498(b) of the Public Health Service Act 
    (42 U.S.C. 289g(b)).
    (b) For purposes of this section, the term ``human embryo or 
embryos'' includes any organism, not protected as a human subject under 
45 CFR 46 as of the date of the enactment of this Act, that is derived 
by fertilization, parthenogenesis, cloning, or any other means from one 
or more human gametes or human diploid cells.
    Sec. 510. (a) None of the funds made available in this Act may be 
used for any activity that promotes the legalization of any drug or 
other substance included in schedule I of the schedules of controlled 
substances established under section 202 of the Controlled Substances 
Act except for normal and recognized executive-congressional 
communications.
    (b) The limitation in subsection (a) shall not apply when there is 
significant medical evidence of a therapeutic advantage to the use of 
such drug or other substance or that federally sponsored clinical 
trials are being conducted to determine therapeutic advantage.
    Sec. 511. None of the funds made available in this Act may be used 
to promulgate or adopt any final standard under section 1173(b) of the 
Social Security Act providing for, or providing for the assignment of, 
a unique health identifier for an individual (except in an individual's 
capacity as an employer or a health care provider), until legislation 
is enacted specifically approving the standard.
    Sec. 512.  None of the funds made available in this Act may be 
obligated or expended to enter into or renew a contract with an entity 
if--
        (1) such entity is otherwise a contractor with the United 
    States and is subject to the requirement in 38 U.S.C. 4212(d) 
    regarding submission of an annual report to the Secretary of Labor 
    concerning employment of certain veterans; and
        (2) such entity has not submitted a report as required by that 
    section for the most recent year for which such requirement was 
    applicable to such entity.
    Sec. 513. 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 Act or any other appropriation Act.
    Sec. 514. None of the funds made available by this Act to carry out 
the Library Services and Technology Act may be made available to any 
library covered by paragraph (1) of section 224(f) of such Act, as 
amended by the Children's Internet Protection Act, unless such library 
has made the certifications required by paragraph (4) of such section.
    Sec. 515. None of the funds made available by this Act to carry out 
part D of title II of the Elementary and Secondary Education Act of 
1965 may be made available to any elementary or secondary school 
covered by paragraph (1) of section 2441(a) of such Act, as amended by 
the Children's Internet Protection Act and the No Child Left Behind 
Act, unless the local educational agency with responsibility for such 
covered school has made the certifications required by paragraph (2) of 
such section.
    Sec. 516. (a) None of the funds provided under this Act, or 
provided under previous appropriations Acts to the agencies funded by 
this Act 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 new programs;
        (2) eliminates a program, project, or activity;
        (3) increases funds or personnel by any means for any project 
    or activity for which funds have been denied or restricted;
        (4) relocates an office or employees;
        (5) reorganizes or renames offices;
        (6) reorganizes programs or activities; or
        (7) contracts out or privatizes any functions or activities 
    presently performed by Federal employees;
unless the Committees on Appropriations of the House of Representatives 
and the Senate are notified 15 days in advance of such reprogramming or 
of an announcement of intent relating to such reprogramming, whichever 
occurs earlier.
    (b) None of the funds provided under this Act, or provided under 
previous appropriations Acts to the agencies funded by this Act 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 in excess of $500,000 or 10 percent, whichever 
is less, that--
        (1) augments existing programs, projects (including 
    construction 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 Congress; or
        (3) results from any general savings from a reduction in 
    personnel which would result in a change in existing programs, 
    activities, or projects as approved by Congress;
unless the Committees on Appropriations of the House of Representatives 
and the Senate are notified 15 days in advance of such reprogramming or 
of an announcement of intent relating to such reprogramming, whichever 
occurs earlier.
    Sec. 517. (a) None of the funds made available in this Act may be 
used to request that a candidate for appointment to a Federal 
scientific advisory committee disclose the political affiliation or 
voting history of the candidate or the position that the candidate 
holds with respect to political issues not directly related to and 
necessary for the work of the committee involved.
    (b) None of the funds made available in this Act may be used to 
disseminate scientific information that is deliberately false or 
misleading.
    Sec. 518.  Within 45 days of enactment of this Act, each department 
and related agency funded through this Act shall submit an operating 
plan that details at the program, project, and activity level any 
funding allocations for fiscal year 2009 that are different than those 
specified in this Act, the accompanying detailed table in the 
explanatory statement described in section 4 (in the matter preceding 
division A of this consolidated Act), or the fiscal year 2009 budget 
request.
    Sec. 519.  None of the funds in this Act may be used to employ 
workers described in section 274A(h)(3) of the Immigration and 
Nationality Act.
    Sec. 520.  The Secretaries of Labor, Health and Human Services, and 
Education shall each prepare and submit to the Committees on 
Appropriations of the House of Representatives and the Senate a report 
on the number and amount of contracts, grants, and cooperative 
agreements exceeding $100,000 in value and awarded by the Department on 
a non-competitive basis during each quarter of fiscal year 2009, but 
not to include grants awarded on a formula basis or directed by law. 
Such report shall include the name of the contractor or grantee, the 
amount of funding, the governmental purpose, including a justification 
for issuing the award on a non-competitive basis. Such report shall be 
transmitted to the Committees within 30 days after the end of the 
quarter for which the report is submitted.
    Sec. 521. None of the funds appropriated or otherwise made 
available by this Act may be used to enter into a contract in an amount 
greater than $5,000,000 or to award a grant in excess of such amount 
unless the prospective contractor or grantee certifies in writing to 
the agency awarding the contract or grant that, to the best of its 
knowledge and belief, the contractor or grantee has filed all Federal 
tax returns required during the three years preceding the 
certification, has not been convicted of a criminal offense under the 
Internal Revenue Code of 1986, and has not, more than 90 days prior to 
certification, been notified of any unpaid Federal tax assessment for 
which the liability remains unsatisfied, unless the assessment is the 
subject of an installment agreement or offer in compromise that has 
been approved by the Internal Revenue Service and is not in default, or 
the assessment is the subject of a non-frivolous administrative or 
judicial proceeding.
    Sec. 522.  None of the funds appropriated in this Act shall be 
expended or obligated by the Commissioner of Social Security, for 
purposes of administering Social Security benefit payments under title 
II of the Social Security Act, to process any claim for credit for a 
quarter of coverage based on work performed under a social security 
account number that is not the claimant's number and the performance of 
such work under such number has formed the basis for a conviction of 
the claimant of a violation of section 208(a)(6) or (7) of the Social 
Security Act.
    Sec. 523. (a) Section 14002(a)(2)(A)(i) of division A of the 
American Recovery and Reinvestment Act of 2009 (Public Law 111-5) is 
amended, in the matter preceding subclause (I), by inserting 
``education'' after ``secondary''.
    (b) Section 14002(b)(1) of such division is amended by striking 
``14001'' and inserting ``14001(d)''.
    (c) Section 14003(a) of such division is amended by striking ``the 
Adult and Family Literacy Act (20 U.S.C. 1400 et seq.)'' and inserting 
``the Adult Education and Family Literacy Act (20 U.S.C. 9201 et 
seq.)''.
    (d) Section 14005(a) of such division is amended by striking 
``14001'' and inserting ``14001(d)''.
    (e) Section 14005(d)(4)(C) of such division is amended by striking 
``6401(e)(1)(9)(A)(ii)'' and inserting ``6401(e)(1)(A)(ii)''.
    (f) Section 14005(d)(5) of such division is amended--
        (1) by striking ``1116(a)(7)(C)(iv)'' and inserting 
    ``1116(b)(7)(C)(iv)''; and
        (2) by striking ``1116(a)(8)(B)'' and inserting 
    ``1116(b)(8)(B)''.
    (g) Section 14011 of such division is amended by inserting before 
the period at the end the following: ``, unless such funds are used to 
provide special education and related services to children with 
disabilities, as authorized by the Individuals with Disabilities 
Education Act (20 U.S.C. 1400 et seq.)''.
    (h) Section 14012(c) of such division is amended to read as 
follows:
    ``(c) Criteria.--The Secretary shall not grant a waiver or 
modification under this section unless the Secretary determines that 
the State receiving such waiver or modification will not provide for 
elementary, secondary, and public higher education, for the fiscal year 
under consideration, a smaller percentage of the total revenues 
available to the State than the percentage provided for such purpose in 
the preceding fiscal year.''.

                                TITLE VI

                  AFGHAN ALLIES PROTECTION ACT OF 2009

SEC. 601. SHORT TITLE.

    This Act may be cited as the ``Afghan Allies Protection Act of 
2009''.

SEC. 602. PROTECTION FOR AFGHAN ALLIES.

    (a) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means--
        (1) the Committee on Armed Services, the Committee on Foreign 
    Relations, and the Committee on the Judiciary of the Senate; and
        (2) the Committee on Armed Services, the Committee on Foreign 
    Affairs, and the Committee on the Judiciary of the House of 
    Representatives.
    (b) Special Immigrant Status for Certain Afghans.--
        (1) In general.--Subject to paragraph (3), the Secretary of 
    Homeland Security, or, notwithstanding any other provision of law, 
    the Secretary of State in consultation with the Secretary of 
    Homeland Security, may provide an alien described in subparagraph 
    (A), (B), or (C) of paragraph (2) with the status of a special 
    immigrant under section 101(a)(27) of the Immigration and 
    Nationality Act (8 U.S.C. 1101(a)(27)), if the alien--
            (A) or an agent acting on behalf of the alien, submits a 
        petition for classification under section 203(b)(4) of such Act 
        (8 U.S.C. 1153(b)(4));
            (B) is otherwise eligible to receive an immigrant visa;
            (C) is otherwise admissible to the United States for 
        permanent residence (excluding the grounds for inadmissibility 
        specified in section 212(a)(4) of such Act (8 U.S.C. 
        1182(a)(4)); and
            (D) clears a background check and appropriate screening, as 
        determined by the Secretary of Homeland Security.
        (2) Aliens described.--
            (A) Principal aliens.--An alien is described in this 
        subparagraph if the alien--
                (i) is a citizen or national of Afghanistan;
                (ii) was or is employed by or on behalf of the United 
            States Government in Afghanistan on or after October 7, 
            2001, for not less than one year;
                (iii) provided faithful and valuable service to the 
            United States Government, which is documented in a positive 
            recommendation or evaluation, subject to subparagraph (D), 
            from the employee's senior supervisor or the person 
            currently occupying that position, or a more senior person, 
            if the employee's senior supervisor has left the employer 
            or has left Afghanistan; and
                (iv) has experienced or is experiencing an ongoing 
            serious threat as a consequence of the alien's employment 
            by the United States Government.
            (B) Spouse or child.--An alien is described in this 
        subparagraph if the alien--
                (i) is the spouse or child of a principal alien 
            described in subparagraph (A); and
                (ii) is accompanying or following to join the principal 
            alien in the United States.
            (C) Surviving spouse or child.--An alien is described in 
        this subparagraph if the alien--
                (i) was the spouse or child of a principal alien 
            described in subparagraph (A) who had a petition for 
            classification approved pursuant to this section or section 
            1059 of the National Defense Authorization Act for Fiscal 
            Year 2006 (Public Law 109-163; 8 U.S.C. 1101 note) which 
            included the alien as an accompanying spouse or child; and
                (ii) due to the death of the principal alien--

                    (I) such petition was revoked or terminated (or 
                otherwise rendered null); and
                    (II) such petition would have been approved if the 
                principal alien had survived.

            (D) Approval by chief of mission required.--A 
        recommendation or evaluation required under subparagraph 
        (A)(iii) shall be accompanied by approval from the appropriate 
        Chief of Mission, or the designee of the appropriate Chief of 
        Mission, who shall conduct a risk assessment of the alien and 
        an independent review of records maintained by the United 
        States Government or hiring organization or entity to confirm 
        employment and faithful and valuable service to the United 
        States Government prior to approval of a petition under this 
        section.
        (3) Numerical limitations.--
            (A) In general.--Except as provided in subparagraph (C), 
        the total number of principal aliens who may be provided 
        special immigrant status under this section may not exceed 
        1,500 per year for each of the fiscal years 2009, 2010, 2011, 
        2012, and 2013.
            (B) Exclusion from numerical limitations.--Aliens provided 
        special immigrant status under this subsection shall not be 
        counted against any numerical limitation under sections 201(d), 
        202(a), or 203(b)(4) of the Immigration and Nationality Act (8 
        U.S.C. 1151(d), 1152(a), and 1153(b)(4)).
            (C) Carry forward.--
                (i) Fiscal years 2009 through 2013.--If the numerical 
            limitation specified in subparagraph (A) is not reached 
            during a given fiscal year, with respect to fiscal year 
            2009, 2010, 2011, 2012, or 2013, the numerical limitation 
            specified in such subparagraph for the following fiscal 
            year shall be increased by a number equal to the difference 
            between--

                    (I) the numerical limitation specified in 
                subparagraph (A) for the given fiscal year; and
                    (II) the number of principal aliens provided 
                special immigrant status under this section during the 
                given fiscal year.

                (ii) Fiscal year 2014.--If the numerical limitation 
            determined under clause (i) is not reached in fiscal year 
            2013, the total number of principal aliens who may be 
            provided special immigrant status under this subsection for 
            fiscal year 2014 shall be equal to the difference between--

                    (I) the numerical limitation determined under 
                clause (i) for fiscal year 2013; and
                    (II) the number of principal aliens provided such 
                status under this section during fiscal year 2013.

        (4) Prohibition on fees.--The Secretary of Homeland Security or 
    the Secretary of State may not charge an alien described in 
    subparagraph (A), (B), or (C) of paragraph (2) any fee in 
    connection with an application for, or issuance of, a special 
    immigrant visa under this section.
        (5) Assistance with passport issuance.--The Secretary of State 
    shall make a reasonable effort to ensure that an alien described in 
    subparagraph (A), (B), or (C) of paragraph (2) who is issued a 
    special immigrant visa pursuant to this subsection is provided with 
    the appropriate series Afghan passport necessary to enter the 
    United States.
        (6) Protection of aliens.--The Secretary of State, in 
    consultation with the heads of other appropriate Federal agencies, 
    shall make a reasonable effort to provide an alien described in 
    subparagraph (A), (B), or (C) of paragraph (2) who is seeking 
    special immigrant status under this subsection protection or to 
    immediately remove such alien from Afghanistan, if possible, if the 
    Secretary determines, after consultation, that such alien is in 
    imminent danger.
        (7) Other eligibility for immigrant status.--No alien shall be 
    denied the opportunity to apply for admission under this subsection 
    solely because such alien qualifies as an immediate relative or is 
    eligible for any other immigrant classification.
        (8) Resettlement support.--A citizen or national of Afghanistan 
    who is granted special immigrant status described in section 
    101(a)(27) of the Immigration and Nationality Act (8 U.S.C. 
    1101(a)(27)) shall be eligible for resettlement assistance, 
    entitlement programs, and other benefits available to refugees 
    admitted under section 207 of such Act (8 U.S.C. 1157) for a period 
    not to exceed 8 months.
        (9) Adjustment of status.--Notwithstanding paragraph (2), (7), 
    or (8) of subsection (c) of section 245 of the Immigration and 
    Nationality Act (8 U.S.C. 1255), the Secretary of Homeland Security 
    may adjust the status of an alien described in subparagraph (A), 
    (B), or (C) of paragraph (2) of this subsection or in section 
    1244(b) of the Refugee Crisis in Iraq Act of 2007 (Public Law 110-
    181; 122 Stat. 397) to that of an alien lawfully admitted for 
    permanent residence under subsection (a) of such section 245 if the 
    alien--
            (A) was paroled or admitted as a nonimmigrant into the 
        United States; and
            (B) is otherwise eligible for special immigrant status 
        under--
                (i)(I) this subsection; or
                (II) such section 1244(b); and
                (ii) the Immigration and Nationality Act (8 U.S.C. 1101 
            et seq.).
        (10) Report on implementation and authority to carry out 
    administrative measures.--
            (A) Requirement for report.--Not later than one year after 
        the date of the enactment of this Act, the Secretary of 
        Homeland Security and the Secretary of State, in consultation 
        with the Secretary of Defense, shall submit to the appropriate 
        committees of Congress a report on the implementation of this 
        subsection.
            (B) Content of report.--The report required by subparagraph 
        (A) shall describe actions taken, and additional administrative 
        measures that may be needed, to ensure the integrity of the 
        program established under this subsection and the national 
        security interests of the United States related to such 
        program.
            (C) Authority to carry out administrative measures.--The 
        Secretary of Homeland Security and the Secretary of State shall 
        implement any additional administrative measures described in 
        subparagraph (B) as they may deem necessary and appropriate to 
        ensure the integrity of the program established under this 
        subsection and the national security interests of the United 
        States related to such program.
        (11) Annual report on use of special immigrant status.--
            (A) Requirement.--Not later than 120 days after the date of 
        the enactment of this Act, and annually thereafter, the 
        Secretary of Homeland Security shall submit to the appropriate 
        committees of Congress a report on the number of citizens or 
        nationals of Afghanistan or Iraq who have applied for status as 
        special immigrants under this subsection or section 1244 of the 
        Refugee Crisis in Iraq Act of 2007 (Public Law 110-181; 122 
        Stat. 396).
            (B) Content.--Each report required by subparagraph (A) 
        submitted in a fiscal year shall include the following 
        information for the previous fiscal year:
                (i) The number of citizens or nationals of Afghanistan 
            or Iraq who submitted an application for status as a 
            special immigrant pursuant to this section or section 1244 
            of the Refugee Crisis in Iraq Act of 2007 (Public Law 110-
            181; 122 Stat. 396), disaggregated--

                    (I) by the number of principal aliens applying for 
                such status; and
                    (II) by the number of spouses and children of 
                principal aliens applying for such status.

                (ii) The number of applications referred to in clause 
            (i) that--

                    (I) were approved; or
                    (II) were denied, including a description of the 
                basis for each denial.

    (c) Information Regarding Citizens or Nationals of Afghanistan 
Employed by the United States or Federal Contractors in Afghanistan.--
        (1) Requirement to compile information.--
            (A) In general.--Not later than 120 days after the date of 
        the enactment of this Act, the Administrator of the United 
        States Agency for International Development, the Secretary of 
        Defense, the Secretary of Homeland Security, the Secretary of 
        State, and the Secretary of the Treasury shall--
                (i) review internal records and databases of their 
            respective agencies for information that can be used to 
            verify employment of citizens or nationals of Afghanistan 
            by the United States Government; and
                (ii) request from each prime contractor or grantee that 
            has performed work in Afghanistan since October 7, 2001, 
            under a contract, grant, or cooperative agreement with 
            their respective agencies that is valued in excess of 
            $25,000, information that may be used to verify the 
            employment of such citizens or nationals by such contractor 
            or grantee.
            (B) Information required.--To the extent data is available, 
        the information referred to in subparagraph (A) shall include 
        the name and dates of employment of, biometric data for, and 
        other data that can be used to verify the employment of each 
        citizen or national of Afghanistan who has performed work in 
        Afghanistan since October 7, 2001, under a contract, grant, or 
        cooperative agreement with an executive agency.
        (2) Report on establishment of database.--Not later than 120 
    days after the date of the enactment of this Act, the Secretary of 
    Defense, in consultation with the Administrator of the United 
    States Agency for International Development, the Secretary of 
    Homeland Security, the Secretary of State, and the Secretary of the 
    Treasury, shall submit to the appropriate committees of Congress a 
    report examining the options for establishing a unified and 
    classified database of information related to contracts, grants, or 
    cooperative agreements entered into by executive agencies for the 
    performance of work in Afghanistan since October 7, 2001, including 
    the information described and collected under paragraph (1), to be 
    used by relevant Federal departments and agencies to adjudicate 
    refugee, asylum, special immigrant visa, and other immigration 
    claims and applications.
        (3) Report on noncompliance.--Not later than 180 days after the 
    date of the enactment of this Act, the President shall submit to 
    the appropriate committees of Congress a report that describes--
            (A) the inability or unwillingness of any contractor or 
        grantee to provide the information requested under paragraph 
        (1)(A)(ii); and
            (B) the reasons that such contractor or grantee provided 
        for failing to provide such information.
        (4) Executive agency defined.--In this subsection, the term 
    ``executive agency'' has the meaning given that term in section 4 
    of the Office of Federal Procurement Policy Act (41 U.S.C. 403).
    (d) Rule of Construction.--Nothing in this section may be construed 
to affect the authority of the Secretary of Homeland Security under 
section 1059 of the National Defense Authorization Act for Fiscal Year 
2006 (Public Law 109-163; 8 U.S.C. 1101 note).
    This division may be cited as the ``Departments of Labor, Health 
and Human Services, and Education, and Related Agencies Appropriations 
Act, 2009''.

        DIVISION G--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2009

                                TITLE I

                           LEGISLATIVE BRANCH

                                 SENATE

                           Expense Allowances

    For expense allowances of the Vice President, $20,000; the 
President Pro Tempore of the Senate, $40,000; Majority Leader of the 
Senate, $40,000; Minority Leader of the Senate, $40,000; Majority Whip 
of the Senate, $10,000; Minority Whip of the Senate, $10,000; Chairmen 
of the Majority and Minority Conference Committees, $5,000 for each 
Chairman; and Chairmen of the Majority and Minority Policy Committees, 
$5,000 for each Chairman; in all, $180,000.

    Representation Allowances for the Majority and Minority Leaders

    For representation allowances of the Majority and Minority Leaders 
of the Senate, $15,000 for each such Leader; in all, $30,000.

                    Salaries, Officers and Employees

    For compensation of officers, employees, and others as authorized 
by law, including agency contributions, $171,699,000, which shall be 
paid from this appropriation without regard to the following 
limitations:


                       office of the vice president

    For the Office of the Vice President, $2,413,000.


                   office of the president pro tempore

    For the Office of the President Pro Tempore, $720,000.


               office of the president pro tempore emeritus

    For the Office of the President Pro Tempore Emeritus, $100,000.


               offices of the majority and minority leaders

    For Offices of the Majority and Minority Leaders, $4,998,000.


                offices of the majority and minority whips

    For Offices of the Majority and Minority Whips, $3,096,000.


                       committee on appropriations

    For salaries of the Committee on Appropriations, $15,200,000.


                          conference committees

    For the Conference of the Majority and the Conference of the 
Minority, at rates of compensation to be fixed by the Chairman of each 
such committee, $1,655,000 for each such committee; in all, $3,310,000.


  offices of the secretaries of the conference of the majority and the 
                       conference of the minority

    For Offices of the Secretaries of the Conference of the Majority 
and the Conference of the Minority, $814,000.


                            policy committees

    For salaries of the Majority Policy Committee and the Minority 
Policy Committee, $1,690,000 for each such committee; in all, 
$3,380,000.


                          office of the chaplain

    For Office of the Chaplain, $397,000.


                         office of the secretary

    For Office of the Secretary, $24,020,000.


              office of the sergeant at arms and doorkeeper

    For Office of the Sergeant at Arms and Doorkeeper, $66,800,000.


         offices of the secretaries for the majority and minority

    For Offices of the Secretary for the Majority and the Secretary for 
the Minority, $1,758,000.


                agency contributions and related expenses

    For agency contributions for employee benefits, as authorized by 
law, and related expenses, $44,693,000.

            Office of the Legislative Counsel of the Senate

    For salaries and expenses of the Office of the Legislative Counsel 
of the Senate, $6,743,000.

                     Office of Senate Legal Counsel

    For salaries and expenses of the Office of Senate Legal Counsel, 
$1,484,000.

Expense Allowances of the Secretary of the Senate, Sergeant at Arms and 
Doorkeeper of the Senate, and Secretaries for the Majority and Minority 
                             of the Senate

    For expense allowances of the Secretary of the Senate, $7,500; 
Sergeant at Arms and Doorkeeper of the Senate, $7,500; Secretary for 
the Majority of the Senate, $7,500; Secretary for the Minority of the 
Senate, $7,500; in all, $30,000.

                   Contingent Expenses of the Senate


                       inquiries and investigations

    For expenses of inquiries and investigations ordered by the Senate, 
or conducted under paragraph 1 of rule XXVI of the Standing Rules of 
the Senate, section 112 of the Supplemental Appropriations and 
Rescission Act, 1980 (Public Law 96-304), and Senate Resolution 281, 
96th Congress, agreed to March 11, 1980, $137,400,000.


      expenses of the united states senate caucus on international 
                           narcotics control

    For expenses of the United States Senate Caucus on International 
Narcotics Control, $520,000.


                         secretary of the senate

    For expenses of the Office of the Secretary of the Senate, 
$2,000,000.


              sergeant at arms and doorkeeper of the senate

    For expenses of the Office of the Sergeant at Arms and Doorkeeper 
of the Senate, $153,601,000, which shall remain available until 
September 30, 2013.


                           miscellaneous items

    For miscellaneous items, $21,043,000, of which up to $500,000 shall 
be made available for a pilot program for mailings of postal patron 
postcards by Senators for the purpose of providing notice of a town 
meeting by a Senator in a county (or equivalent unit of local 
government) at which the Senator will personally attend: Provided, That 
any amount allocated to a Senator for such mailing shall not exceed 50 
percent of the cost of the mailing and the remaining cost shall be paid 
by the Senator from other funds available to the Senator.


         senators' official personnel and office expense account

    For Senators' Official Personnel and Office Expense Account, 
$400,000,000.


                           Official Mail Costs

    For expenses necessary for official mail costs of the Senate, 
$300,000.

                       Administrative Provisions

    Sec. 1. Gross Rate of Compensation in Offices of Senators.   
Effective on and after October 1, 2008, each of the dollar amounts 
contained in the table under section 105(d)(1)(A) of the Legislative 
Branch Appropriations Act, 1968 (2 U.S.C. 61-1(d)(1)(A)) shall be 
deemed to be the dollar amounts in that table, as adjusted by law and 
in effect on September 30, 2008, increased by an additional $50,000 
each.
    Sec. 2. Consultants. (a) In General.--
        (1) The first sentence of section 101(a) of the Supplemental 
    Appropriations Act, 1977 (2 U.S.C. 61h-6(a)) is amended by striking 
    ``eight individual consultants'' and inserting ``nine individual 
    consultants''.
        (2) The second sentence of section 101(a) of the Supplemental 
    Appropriations Act, 1977 (2 U.S.C. 61h-6(a)) is amended by striking 
    ``two individual consultants'' and inserting ``three individual 
    consultants''.
    (b) Effective Date.--This section shall take effect on the date of 
enactment of this Act and shall apply to fiscal year 2009 and each 
fiscal year thereafter.

                        HOUSE OF REPRESENTATIVES

                         Salaries and Expenses

    For salaries and expenses of the House of Representatives, 
$1,301,267,000, as follows:


                         house leadership offices

    For salaries and expenses, as authorized by law, $25,113,000, 
including: Office of the Speaker, $4,879,000, including $25,000 for 
official expenses of the Speaker; Office of the Majority Floor Leader, 
$2,436,000, including $10,000 for official expenses of the Majority 
Leader; Office of the Minority Floor Leader, $4,390,000, including 
$10,000 for official expenses of the Minority Leader; Office of the 
Majority Whip, including the Chief Deputy Majority Whip, $2,115,000, 
including $5,000 for official expenses of the Majority Whip; Office of 
the Minority Whip, including the Chief Deputy Minority Whip, 
$1,630,000, including $5,000 for official expenses of the Minority 
Whip; Speaker's Office for Legislative Floor Activities, $501,000; 
Republican Steering Committee, $950,000; Republican Conference, 
$1,777,000; Republican Policy Committee, $337,000; Democratic Steering 
and Policy Committee, $1,315,000; Democratic Caucus, $1,749,000; nine 
minority employees, $1,502,000; training and program development--
majority, $290,000; training and program development--minority, 
$290,000; Cloakroom Personnel--majority, $476,000; and Cloakroom 
Personnel--minority, $476,000.

  Members' Representational Allowances Including Members' Clerk Hire, 
            Official Expenses of Members, and Official Mail

    For Members' representational allowances, including Members' clerk 
hire, official expenses, and official mail, $609,000,000.

                          Committee Employees

                Standing Committees, Special and Select

    For salaries and expenses of standing committees, special and 
select, authorized by House resolutions, $154,000,000: Provided, That 
such amount shall remain available for such salaries and expenses until 
December 31, 2010, except that $9,500,000 of such amount shall remain 
available until expended for committee room upgrading.

                      Committee on Appropriations

    For salaries and expenses of the Committee on Appropriations, 
$31,300,000, including studies and examinations of executive agencies 
and temporary personal services for such committee, to be expended in 
accordance with section 202(b) of the Legislative Reorganization Act of 
1946 and to be available for reimbursement to agencies for services 
performed: Provided, That such amount shall remain available for such 
salaries and expenses until December 31, 2010.

                    Salaries, Officers and Employees

    For compensation and expenses of officers and employees, as 
authorized by law, $187,954,000, including: for salaries and expenses 
of the Office of the Clerk, including not more than $23,000, of which 
not more than $20,000 is for the Family Room, for official 
representation and reception expenses, $27,457,000, of which $500,000 
shall remain available until December 31, 2010 and $2,060,000 shall 
remain available until expended; for salaries and expenses of the 
Office of the Sergeant at Arms, including the position of 
Superintendent of Garages, and including not more than $3,000 for 
official representation and reception expenses, $8,355,000; for 
salaries and expenses of the Office of the Chief Administrative 
Officer, including not more than $3,000 for official representation and 
reception expenses, $125,838,000, of which $7,057,000 shall remain 
available until expended; for salaries and expenses of the Office of 
the Inspector General, $4,945,000; for salaries and expenses of the 
Office of Emergency Planning, Preparedness and Operations, $3,974,000, 
to remain available until expended; for salaries and expenses of the 
Office of General Counsel, $1,357,000; for the Office of the Chaplain, 
$173,000; for salaries and expenses of the Office of the 
Parliamentarian, including the Parliamentarian, $2,000 for preparing 
the Digest of Rules, and not more than $1,000 for official 
representation and reception expenses, $2,007,000; for salaries and 
expenses of the Office of the Law Revision Counsel of the House, 
$3,057,000; for salaries and expenses of the Office of the Legislative 
Counsel of the House, $8,337,000; for salaries and expenses of the 
Office of Interparliamentary Affairs, $777,000; for other authorized 
employees, $1,158,000; and for salaries and expenses of the Office of 
the Historian, including the costs of the House Fellows Program 
(including lodging and related expenses for visiting Program 
participants), $519,000.

                        Allowances and Expenses

    For allowances and expenses as authorized by House resolution or 
law, $293,900,000, including: supplies, materials, administrative costs 
and Federal tort claims, $11,656,000, of which $2,500,000 shall remain 
available until expended; official mail for committees, leadership 
offices, and administrative offices of the House, $201,000; Government 
contributions for health, retirement, Social Security, and other 
applicable employee benefits, $260,703,000; supplies, materials, and 
other costs relating to the House portion of expenses for the Capitol 
Visitor Center, $1,900,000, to remain available until expended; 
Business Continuity and Disaster Recovery, $18,698,000, of which 
$6,260,000 shall remain available until expended; and miscellaneous 
items including purchase, exchange, maintenance, repair and operation 
of House motor vehicles, interparliamentary receptions, and gratuities 
to heirs of deceased employees of the House, $742,000.

                           Child Care Center

    For salaries and expenses of the House of Representatives Child 
Care Center, such amounts as are deposited in the account established 
by section 312(d)(1) of the Legislative Branch Appropriations Act, 1992 
(2 U.S.C. 2062), subject to the level specified in the budget of the 
Center, as submitted to the Committee on Appropriations of the House of 
Representatives.

                       Administrative Provisions

    Sec. 101. (a) Requiring Amounts Remaining in Members' 
Representational Allowances To Be Used for Deficit Reduction or To 
Reduce the Federal Debt.--Notwithstanding any other provision of law, 
any amounts appropriated under this Act for ``HOUSE OF 
REPRESENTATIVES--Salaries and Expenses--Members' Representational 
Allowances'' shall be available only for fiscal year 2009. Any amount 
remaining after all payments are made under such allowances for fiscal 
year 2009 shall be deposited in the Treasury and used for deficit 
reduction (or, if there is no Federal budget deficit after all such 
payments have been made, for reducing the Federal debt, in such manner 
as the Secretary of the Treasury considers appropriate).
    (b) Regulations.--The Committee on House Administration of the 
House of Representatives shall have authority to prescribe regulations 
to carry out this section.
    (c) Definition.--As used in this section, the term ``Member of the 
House of Representatives'' means a Representative in, or a Delegate or 
Resident Commissioner to, the Congress.
    Sec. 102. (a) The Chief Administrative Officer of the House of 
Representatives shall deposit all amounts received as promotional 
rebates and incentives on credit card purchases, balances, and payments 
into the House Services Revolving Fund under section 105 of the 
Legislative Branch Appropriations Act, 2005.
    (b) Section 105(a) of the Legislative Branch Appropriations Act, 
2005 (2 U.S.C. 117m(a)) is amended by adding at the end the following 
new paragraph:
        ``(6) The collection of promotional rebates and incentives on 
    credit card purchases, balances, and payments.''.
    (c) The amendments made by this section shall apply with respect to 
fiscal year 2009 and each succeeding fiscal year.
    Sec. 103. (a) Section 101 of the Legislative Branch Appropriations 
Act, 1993 (2 U.S.C. 95b) is amended by adding at the end the following 
new subsection:
    ``(d) Amounts appropriated for any fiscal year for the House of 
Representatives under the heading `Allowances and Expenses' may be 
transferred to the Architect of the Capitol and made available under 
the heading `House Office Buildings', subject to the approval of the 
Committee on Appropriations of the House of Representatives.''.
    (b) The amendment made by subsection (a) shall apply with respect 
to fiscal year 2009 and each succeeding fiscal year.
    Sec. 104. (a) Effective with respect to fiscal year 2008 and each 
succeeding fiscal year, the aggregate amount otherwise authorized to be 
appropriated for a fiscal year for the lump-sum allowance for each of 
the following offices is increased as follows:
        (1) The allowance for the office of the Majority Floor Leader 
    is increased by $200,000.
        (2) The allowance for the office of the Minority Floor Leader 
    is increased by $200,000.
    (b) Effective with respect to fiscal year 2009 and each succeeding 
fiscal year, the aggregate amount otherwise authorized to be 
appropriated for a fiscal year for the lump-sum allowance for each of 
the following offices is increased as follows:
        (1) The allowance for the office of the Majority Whip is 
    increased by $72,000.
        (2) The allowance for the office of the Minority Whip is 
    increased by $72,000.
    Sec. 105. (a) Section 101 of the Legislative Branch Appropriations 
Act, 1993 (2 U.S.C. 95b) is amended by striking ``transferred among'' 
each place it appears in subsections (a), (b), and (c)(1) and inserting 
``transferred among and merged with''.
    (b) Section 101(c)(2) of such Act (2 U.S.C. 95b(c)) is amended to 
read as follows:
    ``(2) The headings referred to in paragraph (1) are `House 
Leadership Offices', `Members' Representational Allowances', `Committee 
Employees', `Salaries, Officers and Employees', and `Allowances and 
Expenses'.''.
    (c) The amendments made by this section shall apply with respect to 
fiscal year 2009 and each succeeding fiscal year.
    Sec. 106. Permitting House Child Care Center To Offer Services for 
School-Age Children.--Section 312(a)(1) of the Legislative Branch 
Appropriations Act, 1992 (2 U.S.C. 2062(a)(1)) is amended by striking 
``pre-school child care'' and inserting the following: ``pre-school 
child care and (subject to the approval of regulations by the Committee 
on House Administration) child care for school age children other than 
during the course of the ordinary school day''.

                              JOINT ITEMS

    For Joint Committees, as follows:

                        Joint Economic Committee

    For salaries and expenses of the Joint Economic Committee, 
$4,626,000, to be disbursed by the Secretary of the Senate.

                      Joint Committee on Taxation

    For salaries and expenses of the Joint Committee on Taxation, 
$10,719,000, to be disbursed by the Chief Administrative Officer of the 
House of Representatives.
    For other joint items, as follows:

                   Office of the Attending Physician

    For medical supplies, equipment, and contingent expenses of the 
emergency rooms, and for the Attending Physician and his assistants, 
including: (1) an allowance of $2,175 per month to the Attending 
Physician; (2) an allowance of $1,300 per month to one Senior Medical 
Officer; (3) an allowance of $725 per month each to three medical 
officers while on duty in the Office of the Attending Physician; (4) an 
allowance of $725 per month to two assistants and $580 per month each 
not to exceed 11 assistants on the basis heretofore provided for such 
assistants; and (5) $2,223,000 for reimbursement to the Department of 
the Navy for expenses incurred for staff and equipment assigned to the 
Office of the Attending Physician, which shall be advanced and credited 
to the applicable appropriation or appropriations from which such 
salaries, allowances, and other expenses are payable and shall be 
available for all the purposes thereof, $3,105,000, to be disbursed by 
the Chief Administrative Officer of the House of Representatives.

             Office of Congressional Accessibility Services


                          Salaries and Expenses

    For salaries and expenses of the Office of Congressional 
Accessibility Services, $800,000, to be disbursed by the Secretary of 
the Senate.

           CAPITOL GUIDE SERVICE AND SPECIAL SERVICES OFFICE


                          salaries and expenses

    For salaries and expenses of the Capitol Guide Service, $9,940,000, 
to be disbursed by the Secretary of the Senate and Special Services 
Office.

                      Statements of Appropriations

    For the preparation, under the direction of the Committees on 
Appropriations of the Senate and the House of Representatives, of the 
statements for the second session of the 110th Congress, showing 
appropriations made, indefinite appropriations, and contracts 
authorized, together with a chronological history of the regular 
appropriations bills as required by law, $30,000, to be paid to the 
persons designated by the chairmen of such committees to supervise the 
work.

                             CAPITOL POLICE

                                Salaries

    For salaries of employees of the Capitol Police, including 
overtime, hazardous duty pay differential, and Government contributions 
for health, retirement, social security, professional liability 
insurance, and other applicable employee benefits, $248,000,000, to be 
disbursed by the Chief of the Capitol Police or his designee.

                            General Expenses

    For necessary expenses of the Capitol Police, including motor 
vehicles, communications and other equipment, security equipment and 
installation, uniforms, weapons, supplies, materials, training, medical 
services, forensic services, stenographic services, personal and 
professional services, the employee assistance program, the awards 
program, postage, communication services, travel advances, relocation 
of instructor and liaison personnel for the Federal Law Enforcement 
Training Center, and not more than $5,000 to be expended on the 
certification of the Chief of the Capitol Police in connection with 
official representation and reception expenses, $57,750,000, to be 
disbursed by the Chief of the Capitol Police or his designee: Provided, 
That, notwithstanding any other provision of law, the cost of basic 
training for the Capitol Police at the Federal Law Enforcement Training 
Center for fiscal year 2009 shall be paid by the Secretary of Homeland 
Security from funds available to the Department of Homeland Security.

                        Administrative Provision


                      (including transfer of funds)

    Sec. 1001. Transfer Authority.--Amounts appropriated for fiscal 
year 2009 for the Capitol Police may be transferred between the 
headings ``salaries'' and ``general expenses'' upon the approval of the 
Committees on Appropriations of the House of Representatives and the 
Senate.

                          OFFICE OF COMPLIANCE

                         Salaries and Expenses

    For salaries and expenses of the Office of Compliance, as 
authorized by section 305 of the Congressional Accountability Act of 
1995 (2 U.S.C. 1385), $4,072,000, of which $800,000 shall remain 
available until September 30, 2010: Provided, That the Executive 
Director of the Office of Compliance may, within the limits of 
available appropriations, dispose of surplus or obsolete personal 
property by interagency transfer, donation, or discarding: Provided 
further, That not more than $500 may be expended on the certification 
of the Executive Director of the Office of Compliance in connection 
with official representation and reception expenses.

                      CONGRESSIONAL BUDGET OFFICE

                         Salaries and Expenses

    For salaries and expenses necessary for operation of the 
Congressional Budget Office, including not more than $6,000 to be 
expended on the certification of the Director of the Congressional 
Budget Office in connection with official representation and reception 
expenses, $44,082,000.

                        ARCHITECT OF THE CAPITOL

                         General Administration

    For salaries for the Architect of the Capitol, and other personal 
services, at rates of pay provided by law; for surveys and studies in 
connection with activities under the care of the Architect of the 
Capitol; for all necessary expenses for the general and administrative 
support of the operations under the Architect of the Capitol including 
the Botanic Garden; electrical substations of the Capitol, Senate and 
House office buildings, and other facilities under the jurisdiction of 
the Architect of the Capitol; including furnishings and office 
equipment; including not more than $5,000 for official reception and 
representation expenses, to be expended as the Architect of the Capitol 
may approve; for purchase or exchange, maintenance, and operation of a 
passenger motor vehicle, $90,659,000, of which $1,505,000 shall remain 
available until September 30, 2013.

                            Capitol Building

    For all necessary expenses for the maintenance, care and operation 
of the Capitol, $35,840,000, of which $10,681,000 shall remain 
available until September 30, 2013.

                            Capitol Grounds

    For all necessary expenses for care and improvement of grounds 
surrounding the Capitol, the Senate and House office buildings, and the 
Capitol Power Plant, $9,649,000, of which $340,000 shall remain 
available until September 30, 2013.

                        Senate Office Buildings

    For all necessary expenses for the maintenance, care and operation 
of Senate office buildings; and furniture and furnishings to be 
expended under the control and supervision of the Architect of the 
Capitol, $69,359,000, of which $9,743,000 shall remain available until 
September 30, 2013.

                         House Office Buildings

    For all necessary expenses for the maintenance, care and operation 
of the House office buildings, $65,814,000, of which $19,603,000 shall 
remain available until September 30, 2013.

                          Capitol Power Plant

    For all necessary expenses for the maintenance, care and operation 
of the Capitol Power Plant; lighting, heating, power (including the 
purchase of electrical energy) and water and sewer services for the 
Capitol, Senate and House office buildings, Library of Congress 
buildings, and the grounds about the same, Botanic Garden, Senate 
garage, and air conditioning refrigeration not supplied from plants in 
any of such buildings; heating the Government Printing Office and 
Washington City Post Office, and heating and chilled water for air 
conditioning for the Supreme Court Building, the Union Station complex, 
the Thurgood Marshall Federal Judiciary Building and the Folger 
Shakespeare Library, expenses for which shall be advanced or reimbursed 
upon request of the Architect of the Capitol and amounts so received 
shall be deposited into the Treasury to the credit of this 
appropriation, $149,042,000, of which $63,570,000 shall remain 
available until September 30, 2013: Provided, That not more than 
$8,000,000 of the funds credited or to be reimbursed to this 
appropriation as herein provided shall be available for obligation 
during fiscal year 2009.

                     Library Buildings and Grounds

    For all necessary expenses for the mechanical and structural 
maintenance, care and operation of the Library buildings and grounds, 
$39,094,000, of which $13,640,000 shall remain available until 
September 30, 2013.

             Capitol Police Buildings, Grounds and Security

    For all necessary expenses for the maintenance, care and operation 
of buildings, grounds and security enhancements of the United States 
Capitol Police, wherever located, the Alternate Computer Facility, and 
AOC security operations, $18,996,000, of which $3,497,000 shall remain 
available until September 30, 2013.

                             Botanic Garden

    For all necessary expenses for the maintenance, care and operation 
of the Botanic Garden and the nurseries, buildings, grounds, and 
collections; and purchase and exchange, maintenance, repair, and 
operation of a passenger motor vehicle; all under the direction of the 
Joint Committee on the Library, $10,906,000, of which $2,055,000 shall 
remain available until September 30, 2013: Provided, That of the amount 
made available under this heading, the Architect may obligate and 
expend such sums as may be necessary for the maintenance, care and 
operation of the National Garden established under section 307E of the 
Legislative Branch Appropriations Act, 1989 (2 U.S.C. 2146), upon 
vouchers approved by the Architect or a duly authorized designee.

                         Capitol Visitor Center

    For an additional amount for the Capitol Visitor Center project, 
$31,124,000, to remain available until expended, and in addition, 
$9,103,000 for Capitol Visitor Center operations costs: Provided, That 
the Architect of the Capitol may not obligate any of the funds which 
are made available for the Capitol Visitor Center project without an 
obligation plan approved by the Committees on Appropriations of the 
Senate and House of Representatives.

                       Administrative Provisions

    Sec. 1101. (a) Collection and Sale of Recyclable Materials.--
        (1) Establishment of program.--The Architect of the Capitol 
    shall establish a program for the collection and sale of recyclable 
    materials collected from or on the Capitol buildings and grounds, 
    in accordance with the procedures applicable under subchapter III 
    of chapter 5 of subtitle I of title 40, United States Code to the 
    sale of surplus property by an executive agency.
        (2) Exclusion of materials subject to other programs.--The 
    program established under this section shall not apply with respect 
    to any materials which are subject to collection and sale under--
            (A) the third undesignated paragraph under the center 
        heading ``MISCELLANEOUS'' in the first section of the Act 
        entitled ``An Act making appropriations for sundry civil 
        expenses of the government for the fiscal year ending June 
        thirtieth, eighteen hundred and eighty-three, and for other 
        purposes'', approved August 7, 1882 (2 U.S.C. 117);
            (B) section 104(a) of the Legislative Branch Appropriations 
        Act, 1987 (as enacted by reference in identical form by section 
        101(j) of Public Law 99-500 and Public Law 99-591) (2 U.S.C. 
        117e);
            (C) the Senate waste recycling program referred to in 
        section 4 of the Legislative Branch Appropriations Act, 2001 (2 
        U.S.C. 121f); or
            (D) any other authorized program for the collection and 
        sale of recyclable materials.
    (b) Revolving Fund.--
        (1) In general.--There is established in the Treasury a 
    revolving fund for the Office of the Architect of the Capitol, 
    which shall consist of--
            (A) proceeds from the sale of recyclable materials under 
        the program established under this section; and
            (B) such amounts as may be appropriated under law.
        (2) Use of fund.--Amounts in the revolving fund established 
    under paragraph (1) shall be available without fiscal year 
    limitation to the Architect of the Capitol, subject to the 
    Architect providing prior notice to the Committees on 
    Appropriations of the House of Representatives and Senate--
            (A) to carry out the program established under this 
        section;
            (B) to carry out authorized programs and activities of the 
        Architect to improve the environment; and
            (C) to carry out authorized programs and activities of the 
        Architect to promote energy savings.
    (c) Effective Date.--This section shall apply with respect to each 
of the fiscal years 2009 through 2013.
    Sec. 1102. (a) Permitting Leasing of Space.--Subject to the 
availability of funds, the Architect of the Capitol may acquire real 
property by lease for the use of the Library of Congress in any State 
or the District of Columbia if--
        (1) the Architect of the Capitol and the Librarian of Congress 
    submit a joint request for the Architect to lease the property to 
    the Joint Committee on the Library and to the Committees on 
    Appropriations of the House of Representatives and Senate; and
        (2) the Joint Committee on the Library and the Committees on 
    Appropriations of the House of Representatives and Senate each 
    approve the request.
    (b) Transfer of Funds.--Subject to the approval of the Joint 
Committee on the Library and the Committees on Appropriations of the 
House of Representatives and the Senate, the Architect of the Capitol 
and the Librarian of Congress may transfer between themselves 
appropriations or other available funds to pay the costs incurred in 
acquiring real property pursuant to the authority of this section and 
the costs of necessary expenses incurred in connection with the 
acquisition of the property.
    (c) Limit on Obligations.--No obligation entered into pursuant to 
the authority of this section shall be in advance of, or in excess of, 
available appropriations.
    (d) Effective Date.--This section shall apply with respect to 
fiscal year 2009 and each succeeding fiscal year.

                          LIBRARY OF CONGRESS

                         Salaries and Expenses

    For necessary expenses of the Library of Congress not otherwise 
provided for, including development and maintenance of the Library's 
catalogs; custody and custodial care of the Library buildings; special 
clothing; cleaning, laundering and repair of uniforms; preservation of 
motion pictures in the custody of the Library; operation and 
maintenance of the American Folklife Center in the Library; preparation 
and distribution of catalog records and other publications of the 
Library; hire or purchase of one passenger motor vehicle; and expenses 
of the Library of Congress Trust Fund Board not properly chargeable to 
the income of any trust fund held by the Board, $419,030,000, of which 
not more than $6,000,000 shall be derived from collections credited to 
this appropriation during fiscal year 2009, and shall remain available 
until expended, under the Act of June 28, 1902 (chapter 1301; 32 Stat. 
480; 2 U.S.C. 150) and not more than $350,000 shall be derived from 
collections during fiscal year 2009 and shall remain available until 
expended for the development and maintenance of an international legal 
information database and activities related thereto: Provided, That the 
Library of Congress may not obligate or expend any funds derived from 
collections under the Act of June 28, 1902, in excess of the amount 
authorized for obligation or expenditure in appropriations Acts: 
Provided further, That the total amount available for obligation shall 
be reduced by the amount by which collections are less than $6,350,000: 
Provided further, That of the total amount appropriated, $17,959,000 
shall remain available until September 30, 2011 for the partial 
acquisition of books, periodicals, newspapers, and all other materials 
including subscriptions for bibliographic services for the Library, 
including $40,000 to be available solely for the purchase, when 
specifically approved by the Librarian, of special and unique materials 
for additions to the collections: Provided further, That of the total 
amount appropriated, not more than $12,000 may be expended, on the 
certification of the Librarian of Congress, in connection with official 
representation and reception expenses for the Overseas Field Offices: 
Provided further, That of the total amount appropriated, $7,170,000 
shall remain available until expended for the digital collections and 
educational curricula program: Provided further, That of the total 
amount appropriated, $1,495,000 shall remain available until expended, 
and shall be transferred to the Abraham Lincoln Bicentennial Commission 
for carrying out the purposes of Public Law 106-173, of which $10,000 
may be used for official representation and reception expenses of the 
Abraham Lincoln Bicentennial Commission: Provided further, That of the 
total amount appropriated, $560,000 shall be transferred to the Federal 
Library and Information Center's FEDLINK Program: Provided further, 
That of the total amount appropriated, $190,000 shall be used to 
provide a grant to the New York Historical Society for the digitization 
of its collection: Provided further, That of the total amount 
appropriated, $95,000 shall be used to provide a grant to the 
University of Florida for development of a library of original case 
studies.

                            Copyright Office


                          salaries and expenses

    For necessary expenses of the Copyright Office, $51,592,000, of 
which not more than $28,751,000, to remain available until expended, 
shall be derived from collections credited to this appropriation during 
fiscal year 2009 under section 708(d) of title 17, United States Code: 
Provided, That the Copyright Office may not obligate or expend any 
funds derived from collections under such section, in excess of the 
amount authorized for obligation or expenditure in appropriations Acts: 
Provided further, That not more than $4,564,000 shall be derived from 
collections during fiscal year 2009 under sections 111(d)(2), 
119(b)(2), 803(e), 1005, and 1316 of such title: Provided further, That 
the total amount available for obligation shall be reduced by the 
amount by which collections are less than $33,315,000: Provided 
further, That not more than $100,000 of the amount appropriated is 
available for the maintenance of an ``International Copyright 
Institute'' in the Copyright Office of the Library of Congress for the 
purpose of training nationals of developing countries in intellectual 
property laws and policies: Provided further, That not more than $4,250 
may be expended, on the certification of the Librarian of Congress, in 
connection with official representation and reception expenses for 
activities of the International Copyright Institute and for copyright 
delegations, visitors, and seminars: Provided further, That 
notwithstanding any provision of chapter 8 of title 17, United States 
Code, any amounts made available under this heading which are 
attributable to royalty fees and payments received by the Copyright 
Office pursuant to sections 111, 119, and chapter 10 of such title may 
be used for the costs incurred in the administration of the Copyright 
Royalty Judges program, with the exception of the costs of salaries and 
benefits for the Copyright Royalty Judges and staff under section 
802(e).

                     Congressional Research Service


                          salaries and expenses

    For necessary expenses to carry out the provisions of section 203 
of the Legislative Reorganization Act of 1946 (2 U.S.C. 166) and to 
revise and extend the Annotated Constitution of the United States of 
America, $107,323,000: Provided, That no part of such amount may be 
used to pay any salary or expense in connection with any publication, 
or preparation of material therefor (except the Digest of Public 
General Bills), to be issued by the Library of Congress unless such 
publication has obtained prior approval of either the Committee on 
House Administration of the House of Representatives or the Committee 
on Rules and Administration of the Senate.

             Books for the Blind and Physically Handicapped


                          salaries and expenses

    For salaries and expenses to carry out the Act of March 3, 1931 
(chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $68,816,000, of which 
$30,155,000 shall remain available until expended: Provided, That of 
the total amount appropriated, $650,000 shall be available to contract 
to provide newspapers to blind and physically handicapped residents at 
no cost to the individual.

                       Administrative Provisions

    Sec. 1201. Incentive Awards Program.--Of the amounts appropriated 
to the Library of Congress in this Act, not more than $5,000 may be 
expended, on the certification of the Librarian of Congress, in 
connection with official representation and reception expenses for the 
incentive awards program.
    Sec. 1202. Reimbursable and Revolving Fund Activities. (a) In 
General.--For fiscal year 2009, the obligational authority of the 
Library of Congress for the activities described in subsection (b) may 
not exceed $134,212,000.
    (b) Activities.--The activities referred to in subsection (a) are 
reimbursable and revolving fund activities that are funded from sources 
other than appropriations to the Library in appropriations Acts for the 
legislative branch.
    (c) Transfer of Funds.--During fiscal year 2009, the Librarian of 
Congress may temporarily transfer funds appropriated in this Act, under 
the heading ``Library of Congress'', under the subheading ``Salaries 
and expenses'', to the revolving fund for the FEDLINK Program and the 
Federal Research Program established under section 103 of the Library 
of Congress Fiscal Operations Improvement Act of 2000 (Public Law 106-
481; 2 U.S.C. 182c): Provided, That the total amount of such transfers 
may not exceed $1,900,000: Provided further, That the appropriate 
revolving fund account shall reimburse the Library for any amounts 
transferred to it before the period of availability of the Library 
appropriation expires.
    Sec. 1203. Transfer Authority. (a) In General.--Amounts 
appropriated for fiscal year 2009 for the Library of Congress may be 
transferred during fiscal year 2009 between any of the headings under 
the heading ``Library of Congress'' upon the approval of the Committees 
on Appropriations of the Senate and the House of Representatives.
    (b) Limitation.--Not more than 10 percent of the total amount of 
funds appropriated to the account under any heading under the heading 
``Library of Congress'' for fiscal year 2009 may be transferred from 
that account by all transfers made under subsection (a).
    Sec. 1204. Abraham Lincoln Bicentennial Commission. Section 5(d) of 
the Abraham Lincoln Bicentennial Commission Act (36 U.S.C. note prec. 
101; Public Law 106-173) is amended by striking ``that member may 
continue to serve on the Commission for not longer than the 30-day 
period beginning on the date that member ceases to be a Member of 
Congress'' and inserting ``that member may continue to serve on the 
Commission for the life of the Commission''.

                       GOVERNMENT PRINTING OFFICE

                   Congressional Printing and Binding


                      (including transfer of funds)

    For authorized printing and binding for the Congress and the 
distribution of Congressional information in any format; printing and 
binding for the Architect of the Capitol; expenses necessary for 
preparing the semimonthly and session index to the Congressional 
Record, as authorized by law (section 902 of title 44, United States 
Code); printing and binding of Government publications authorized by 
law to be distributed to Members of Congress; and printing, binding, 
and distribution of Government publications authorized by law to be 
distributed without charge to the recipient, $96,828,000: Provided, 
That this appropriation shall not be available for paper copies of the 
permanent edition of the Congressional Record for individual 
Representatives, Resident Commissioners or Delegates authorized under 
section 906 of title 44, United States Code: Provided further, That 
this appropriation shall be available for the payment of obligations 
incurred under the appropriations for similar purposes for preceding 
fiscal years: Provided further, That notwithstanding the 2-year 
limitation under section 718 of title 44, United States Code, none of 
the funds appropriated or made available under this Act or any other 
Act for printing and binding and related services provided to Congress 
under chapter 7 of title 44, United States Code, may be expended to 
print a document, report, or publication after the 27-month period 
beginning on the date that such document, report, or publication is 
authorized by Congress to be printed, unless Congress reauthorizes such 
printing in accordance with section 718 of title 44, United States 
Code: Provided further, That any unobligated or unexpended balances in 
this account or accounts for similar purposes for preceding fiscal 
years may be transferred to the Government Printing Office revolving 
fund for carrying out the purposes of this heading, subject to the 
approval of the Committees on Appropriations of the House of 
Representatives and Senate.

                 Office of Superintendent of Documents


                          salaries and expenses

                      (including transfer of funds)

    For expenses of the Office of Superintendent of Documents necessary 
to provide for the cataloging and indexing of Government publications 
and their distribution to the public, Members of Congress, other 
Government agencies, and designated depository and international 
exchange libraries as authorized by law, $38,744,000: Provided, That 
amounts of not more than $2,000,000 from current year appropriations 
are authorized for producing and disseminating Congressional serial 
sets and other related publications for fiscal years 2007 and 2008 to 
depository and other designated libraries: Provided further, That any 
unobligated or unexpended balances in this account or accounts for 
similar purposes for preceding fiscal years may be transferred to the 
Government Printing Office revolving fund for carrying out the purposes 
of this heading, subject to the approval of the Committees on 
Appropriations of the House of Representatives and Senate.

               Government Printing Office Revolving Fund

    For payment to the Government Printing Office Revolving Fund, 
$4,995,000 for information technology development and facilities 
repair: Provided, That the Government Printing Office is hereby 
authorized to make such expenditures, within the limits of funds 
available and in accordance with law, and to make such contracts and 
commitments without regard to fiscal year limitations as provided by 
section 9104 of title 31, United States Code, as may be necessary in 
carrying out the programs and purposes set forth in the budget for the 
current fiscal year for the Government Printing Office revolving fund: 
Provided further, That not more than $5,000 may be expended on the 
certification of the Public Printer in connection with official 
representation and reception expenses: Provided further, That the 
revolving fund shall be available for the hire or purchase of not more 
than 12 passenger motor vehicles: Provided further, That expenditures 
in connection with travel expenses of the advisory councils to the 
Public Printer shall be deemed necessary to carry out the provisions of 
title 44, United States Code: Provided further, That the revolving fund 
shall be available for temporary or intermittent services under section 
3109(b) of title 5, United States Code, but at rates for individuals 
not more than the daily equivalent of the annual rate of basic pay for 
level V of the Executive Schedule under section 5316 of such title: 
Provided further, That activities financed through the revolving fund 
may provide information in any format: Provided further, That the 
revolving fund and the funds provided under the headings ``Office of 
Superintendent of Documents'' and ``Salaries and Expenses'' may not be 
used for contracted security services at GPO's passport facility in the 
District of Columbia.

                    GOVERNMENT ACCOUNTABILITY OFFICE


                          salaries and expenses

    For necessary expenses of the Government Accountability Office, 
including not more than $12,500 to be expended on the certification of 
the Comptroller General of the United States in connection with 
official representation and reception expenses; temporary or 
intermittent services under section 3109(b) of title 5, United States 
Code, but at rates for individuals not more than the daily equivalent 
of the annual rate of basic pay for level IV of the Executive Schedule 
under section 5315 of such title; hire of one passenger motor vehicle; 
advance payments in foreign countries in accordance with section 3324 
of title 31, United States Code; benefits comparable to those payable 
under sections 901(5), (6), and (8) of the Foreign Service Act of 1980 
(22 U.S.C. 4081(5), (6), and (8)); and under regulations prescribed by 
the Comptroller General of the United States, rental of living quarters 
in foreign countries, $531,000,000: Provided, That not more than 
$5,375,000 of payments received under section 782 of title 31, United 
States Code, shall be available for use in fiscal year 2009: Provided 
further, That not more than $2,260,000 of reimbursements received under 
section 9105 of title 31, United States Code, shall be available for 
use in fiscal year 2009: Provided further, That this appropriation and 
appropriations for administrative expenses of any other department or 
agency which is a member of the National Intergovernmental Audit Forum 
or a Regional Intergovernmental Audit Forum shall be available to 
finance an appropriate share of either Forum's costs as determined by 
the respective Forum, including necessary travel expenses of non-
Federal participants: Provided further, That payments hereunder to the 
Forum may be credited as reimbursements to any appropriation from which 
costs involved are initially financed.

                        Administrative Provision

    Sec. 1301. Repeal and Modification of Certain Reporting 
Requirements. (a) Spectrum Relocation Fund Transfers.--Section 
118(e)(1)(B) of the National Telecommunications and Information 
Administration Organization Act (47 U.S.C. 928(e)(1)(B)) is amended--
        (1) in clause (ii) by adding ``and'' after the semicolon;
        (2) in clause (iii) by striking ``; and'' and inserting a 
    period; and
        (3) by striking clause (iv).
    (b) Use of Funds in Projects Constructed Under Projected Cost.--
Section 211(d) of the Public Works and Economic Development Act of 1965 
(42 U.S.C. 3151(d)) is amended by striking subsection (d) and inserting 
the following:
    ``(d) Review by Comptroller General.--The Comptroller General of 
the United States shall regularly review the implementation of this 
section.''.
    (c) GAO Study and Report on Impact of Safe Harbor on Medigap 
Policies.--Section 5201(b)(2) of title V of division J of the Omnibus 
Consolidated and Emergency Supplemental Appropriations Act, 1999 
(Public Law 105-277; 42 U.S.C. 1320a-7a note) is repealed.
    (d) GAO Report on Date Rape Drug Campaign.--Section 7(b)(3) of the 
Hillary J. Farias and Samantha Reid Date-Rape Drug Prohibition Act of 
2000 (Public Law 106-172; 21 U.S.C. 801 note) is repealed.
    (e) Inspector General Audit and GAO Report on Enrollees Eligible 
for Medicaid.--Section 2108(d) of the Social Security Act (42 U.S.C. 
1397hh(d)) is amended--
        (1) in the heading by striking ``and GAO Report''; and
        (2) by striking paragraph (3).
    (f) GAO Report on MA Regional Plan Stabilization Fund.--Section 
1858(e)(7) of the Social Security Act (42 U.S.C. 1395w-27a(e)(7)) is 
repealed.
    (g) Breast Implants; Study by Comptroller General.--Section 214 of 
the Medical Device User Fee and Modernization Act of 2002 (Public Law 
107-250; 42 U.S.C. 289g-3 note) is repealed.
    (h) Disposition of Rights.--Section 202(b) of title 35, United 
States Code is amended--
        (1) by striking paragraph (3); and
        (2) by redesignating paragraph (4) as paragraph (3).

                OPEN WORLD LEADERSHIP CENTER TRUST FUND

    For a payment to the Open World Leadership Center Trust Fund for 
financing activities of the Open World Leadership Center under section 
313 of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1151), 
$13,900,000.

   JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT

    For payment to the John C. Stennis Center for Public Service 
Development Trust Fund established under section 116 of the John C. 
Stennis Center for Public Service Training and Development Act (2 
U.S.C. 1105), $430,000.

                                TITLE II

                           GENERAL PROVISIONS

    Sec. 201. Maintenance and Care of Private Vehicles. No part of the 
funds appropriated in this Act shall be used for the maintenance or 
care of private vehicles, except for emergency assistance and cleaning 
as may be provided under regulations relating to parking facilities for 
the House of Representatives issued by the Committee on House 
Administration and for the Senate issued by the Committee on Rules and 
Administration.
    Sec. 202. Fiscal Year Limitation. No part of the funds appropriated 
in this Act shall remain available for obligation beyond fiscal year 
2009 unless expressly so provided in this Act.
    Sec. 203. Rates of Compensation and Designation. Whenever in this 
Act any office or position not specifically established by the 
Legislative Pay Act of 1929 (46 Stat. 32 et seq.) is appropriated for 
or the rate of compensation or designation of any office or position 
appropriated for is different from that specifically established by 
such Act, the rate of compensation and the designation in this Act 
shall be the permanent law with respect thereto: Provided, That the 
provisions in this Act for the various items of official expenses of 
Members, officers, and committees of the Senate and House of 
Representatives, and clerk hire for Senators and Members of the House 
of Representatives shall be the permanent law with respect thereto.
    Sec. 204. Consulting Services. The expenditure of any appropriation 
under this Act for any consulting service through procurement contract, 
under section 3109 of title 5, United States Code, shall be limited to 
those contracts where such expenditures are a matter of public record 
and available for public inspection, except where otherwise provided 
under existing law, or under existing Executive order issued under 
existing law.
    Sec. 205. Awards and Settlements. Such sums as may be necessary are 
appropriated to the account described in subsection (a) of section 415 
of the Congressional Accountability Act of 1995 (2 U.S.C. 1415(a)) to 
pay awards and settlements as authorized under such subsection.
    Sec. 206. Costs of LBFMC. Amounts available for administrative 
expenses of any legislative branch entity which participates in the 
Legislative Branch Financial Managers Council (LBFMC) established by 
charter on March 26, 1996, shall be available to finance an appropriate 
share of LBFMC costs as determined by the LBFMC, except that the total 
LBFMC costs to be shared among all participating legislative branch 
entities (in such allocations among the entities as the entities may 
determine) may not exceed $2,000.
    Sec. 207. Landscape Maintenance. The Architect of the Capitol, in 
consultation with the District of Columbia, is authorized to maintain 
and improve the landscape features, excluding streets in the irregular 
shaped grassy areas bounded by Washington Avenue SW on the northeast, 
Second Street SW on the west, Square 582 on the south, and the 
beginning of the I-395 tunnel on the southeast.
    Sec. 208. Limitation on Transfers. 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 Act or any 
other appropriation Act.
    Sec. 209. Guided Tours of the Capitol. (a) Except as provided in 
subsection (b), none of the funds made available to the Architect of 
the Capitol in this Act may be used to eliminate guided tours of the 
United States Capitol which are led by employees and interns of offices 
of Members of Congress and other offices of the House of 
Representatives and Senate.
    (b) At the direction of the Capitol Police Board, or at the 
direction of the Architect of the Capitol with the approval of the 
Capitol Police Board, guided tours of the United States Capitol which 
are led by employees and interns described in subsection (a) may be 
suspended temporarily or otherwise subject to restriction for security 
or related reasons to the same extent as guided tours of the United 
States Capitol which are led by the Architect of the Capitol.
    Sec. 210. Limitation on Certain Inspectors General Authority To Use 
Firearms. None of the funds made available in this Act may be used by 
the Inspector General of the Architect of the Capitol or the Inspector 
General of the Library of Congress to purchase, maintain, or carry any 
firearm.
    This division may be cited as the ``Legislative Branch 
Appropriations Act, 2009''.

   DIVISION H--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED 
                   PROGRAMS APPROPRIATIONS ACT, 2009

                                TITLE I

                 DEPARTMENT OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs


                     diplomatic and consular programs

                      (including transfer of funds)

    For necessary expenses of the Department of State and the Foreign 
Service not otherwise provided for, $5,360,318,000, of which 
$1,117,000,000 is for Worldwide Security Protection (to remain 
available until expended), to be allocated as follows:
        (1) Human resources.--For necessary expenses for training, 
    human resources management, and salaries, including employment 
    without regard to civil service and classification laws of persons 
    on a temporary basis (not to exceed $700,000), as authorized by 
    section 801 of the United States Information and Educational 
    Exchange Act of 1948, $2,118,598,000 to remain available until 
    September 30, 2010, of which not less than $130,637,000 shall be 
    available only for public diplomacy American salaries.
        (2) Overseas programs.--For necessary expenses for the regional 
    bureaus of the Department of State and overseas activities as 
    authorized by law, $1,548,617,000, to remain available until 
    September 30, 2010, of which not less than $264,169,000 shall be 
    available only for public diplomacy international information 
    programs.
        (3) Diplomatic policy and support.--For necessary expenses for 
    the functional bureaus of the Department of State including 
    representation to certain international organizations in which the 
    United States participates pursuant to treaties ratified pursuant 
    to the advice and consent of the Senate or specific Acts of 
    Congress, general administration, and arms control, 
    nonproliferation and disarmament activities as authorized, 
    $585,078,000, to remain available until September 30, 2010.
        (4) Security programs.--For necessary expenses for security 
    activities, $1,108,025,000, to remain available until September 30, 
    2010.
        (5) Fees and payments collected.--In addition to amounts 
    otherwise made available under this heading--
            (A) not to exceed $1,605,150 shall be derived from fees 
        collected from other executive agencies for lease or use of 
        facilities located at the International Center in accordance 
        with section 4 of the International Center Act, and, in 
        addition, as authorized by section 5 of such Act, $490,000, to 
        be derived from the reserve authorized by that section, to be 
        used for the purposes set out in that section;
            (B) as authorized by section 810 of the United States 
        Information and Educational Exchange Act, not to exceed 
        $6,000,000, to remain available until expended, may be credited 
        to this appropriation from fees or other payments received from 
        English teaching, library, motion pictures, and publication 
        programs and from fees from educational advising and counseling 
        and exchange visitor programs; and
            (C) not to exceed $15,000, which shall be derived from 
        reimbursements, surcharges and fees for use of Blair House 
        facilities.
        (6) Transfer and reprogramming.--
            (A) Notwithstanding any provision of this Act, funds may be 
        reprogrammed within and between subsections under this heading 
        subject to section 7015 of this Act.
            (B) Of the amount made available under this heading, not to 
        exceed $10,000,000 may be transferred to, and merged with, 
        funds made available by this Act under the heading 
        ``Emergencies in the Diplomatic and Consular Service'', to be 
        available only for emergency evacuations and rewards, as 
        authorized.
            (C) Funds appropriated under this heading are available for 
        acquisition by exchange or purchase of passenger motor vehicles 
        as authorized by law and, pursuant to 31 U.S.C. 1108(g), for 
        the field examination of programs and activities in the United 
        States funded from any account contained in this title.


                    CIVILIAN STABILIZATION INITIATIVE

    For necessary expenses to establish, support, maintain, mobilize, 
and deploy a civilian response corps in coordination with the United 
States Agency for International Development, and for related 
reconstruction and stabilization assistance to prevent or respond to 
conflict or civil strife in foreign countries or regions, or to enable 
transition from such strife, $45,000,000, to remain available until 
expended: Provided, That up to $23,014,000 may be made available in 
fiscal year 2009 to provide administrative expenses for the Office of 
the Coordinator for Reconstruction and Stabilization: Provided further, 
That notwithstanding any other provision of law and following 
consultation with the Committees on Appropriations, the President may 
exercise transfer authorities contained in the Foreign Assistance Act 
of 1961 for reconstruction and stabilization assistance managed by the 
Office of the Coordinator for Reconstruction and Stabilization, United 
States Department of State, only to support an actively deployed 
civilian response corps, subject to the regular notification procedures 
of the Committees on Appropriations: Provided further, That not later 
than 60 days after enactment of this Act, the Secretary of State and 
the Administrator of the United States Agency for International 
Development shall submit a coordinated joint spending plan for funds 
made available under this heading and under the heading ``Civilian 
Stabilization Initiative'' in title II of this Act.


                         Capital Investment Fund

    For necessary expenses of the Capital Investment Fund, $71,000,000, 
to remain available until expended, as authorized: Provided, That 
section 135(e) of Public Law 103-236 shall not apply to funds available 
under this heading.


                       office of inspector general

    For necessary expenses of the Office of Inspector General, 
$37,000,000, notwithstanding section 209(a)(1) of the Foreign Service 
Act of 1980 (Public Law 96-465), as it relates to post inspections.


                Educational and Cultural Exchange Programs

    For expenses of educational and cultural exchange programs, as 
authorized, $538,000,000, to remain available until expended: Provided, 
That not to exceed $5,000,000, to remain available until expended, may 
be credited to this appropriation from fees or other payments received 
from or in connection with English teaching, educational advising and 
counseling programs, and exchange visitor programs as authorized.


                        Representation Allowances

    For representation allowances as authorized, $8,175,000.

              protection of foreign missions and officials

    For expenses, not otherwise provided, to enable the Secretary of 
State to provide for extraordinary protective services, as authorized, 
$22,814,000, to remain available until September 30, 2010.


             Embassy Security, Construction, and Maintenance

    For necessary expenses for carrying out the Foreign Service 
Buildings Act of 1926 (22 U.S.C. 292-303), preserving, maintaining, 
repairing, and planning for buildings that are owned or directly leased 
by the Department of State, renovating, in addition to funds otherwise 
available, the Harry S Truman Building, and carrying out the Diplomatic 
Security Construction Program as authorized, $801,344,000, to remain 
available until expended as authorized, of which not to exceed $25,000 
may be used for domestic and overseas representation as authorized: 
Provided, That none of the funds appropriated in this paragraph shall 
be available for acquisition of furniture, furnishings, or generators 
for other departments and agencies.
    In addition, for the costs of worldwide security upgrades, 
acquisition, and construction as authorized, $770,000,000, to remain 
available until expended: Provided, That funds made available by this 
paragraph may not be obligated until a plan is submitted to the 
Committees on Appropriations with the proposed allocation of funds made 
available by this Act and by proceeds of sales for all projects in 
fiscal year 2009: Provided further, That the Under Secretary for 
Management, United States Department of State, shall consult with the 
Committees on Appropriations on a regular and ongoing basis on the 
design of any proposed self-financed New Embassy Compound.
    In addition, for necessary expenses for overseas facility 
construction and related costs for the United States Agency for 
International Development, pursuant to section 667 of the Foreign 
Assistance Act of 1961, $135,225,000, to remain available until 
expended.


            emergencies in the diplomatic and consular service

                      (including transfer of funds)

    For necessary expenses to enable the Secretary of State to meet 
unforeseen emergencies arising in the Diplomatic and Consular Service, 
$9,000,000, to remain available until expended as authorized, of which 
not to exceed $1,000,000 may be transferred to, and merged with, funds 
appropriated by this Act under the heading ``Repatriation Loans Program 
Account'', subject to the same terms and conditions.


                     BUYING POWER MAINTENANCE ACCOUNT

    To offset adverse fluctuations in foreign currency exchange rates 
and/or overseas wage and price changes, as authorized by section 24(b) 
of the State Department Basic Authorities Act of 1956 (22 U.S.C. 
2696(b)), $5,000,000, to remain available until expended.


                    Repatriation Loans Program Account

                      (Including Transfer of Funds)

    For the cost of direct loans, $678,000, as authorized: 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 necessary to carry out the 
direct loan program, $675,000, which may be transferred to, and merged 
with, funds made available under the heading ``Diplomatic and Consular 
Programs''.


               Payment to the American Institute in Taiwan

    For necessary expenses to carry out the Taiwan Relations Act 
(Public Law 96-8), $16,840,000.


      Payment to the Foreign Service Retirement and Disability Fund

    For payment to the Foreign Service Retirement and Disability Fund, 
as authorized by law, $157,100,000.

                      International Organizations

              contributions to international organizations

    For necessary expenses, not otherwise provided for, to meet annual 
obligations of membership in international multilateral organizations, 
pursuant to treaties ratified pursuant to the advice and consent of the 
Senate, conventions or specific Acts of Congress, $1,529,400,000: 
Provided, That the Secretary of State shall, at the time of the 
submission of the President's budget to Congress under section 1105(a) 
of title 31, United States Code, transmit to the Committees on 
Appropriations the most recent biennial budget prepared by the United 
Nations for the operations of the United Nations: Provided further, 
That the Secretary of State shall notify the Committees on 
Appropriations at least 15 days in advance (or in an emergency, as far 
in advance as is practicable) of any United Nations action to increase 
funding for any United Nations program without identifying an 
offsetting decrease elsewhere in the United Nations budget: Provided 
further, That any payment of arrearages under this title shall be 
directed toward activities that are mutually agreed upon by the United 
States and the respective international organization: Provided further, 
That none of the funds appropriated in this paragraph shall be 
available for a United States contribution to an international 
organization for the United States share of interest costs made known 
to the United States Government by such organization for loans incurred 
on or after October 1, 1984, through external borrowings.


         contributions for international peacekeeping activities

    For necessary expenses to pay assessed and other expenses of 
international peacekeeping activities directed to the maintenance or 
restoration of international peace and security, $1,517,000,000, of 
which 15 percent shall remain available until September 30, 2010: 
Provided, That none of the funds made available by this Act shall be 
obligated or expended for any new or expanded United Nations 
peacekeeping mission unless, at least 15 days in advance of voting for 
the new or expanded mission in the United Nations Security Council (or 
in an emergency as far in advance as is practicable): (1) the 
Committees on Appropriations are notified of the estimated cost and 
length of the mission, the national interest that will be served, and 
the planned exit strategy; (2) the Committees on Appropriations are 
notified that the United Nations has taken appropriate measures to 
prevent United Nations employees, contractor personnel, and 
peacekeeping forces serving in any United Nations peacekeeping mission 
from trafficking in persons, exploiting victims of trafficking, or 
committing acts of illegal sexual exploitation, and to hold accountable 
individuals who engage in such acts while participating in the 
peacekeeping mission, including the prosecution in their home countries 
of such individuals in connection with such acts; and (3) notification 
pursuant to section 7015 of this Act is submitted, and the procedures 
therein followed, setting forth the source of funds that will be used 
to pay for the cost of the new or expanded mission: Provided further, 
That funds shall be available for peacekeeping expenses only upon a 
certification by the Secretary of State to the Committees on 
Appropriations that American manufacturers and suppliers are being 
given opportunities to provide equipment, services, and material for 
United Nations peacekeeping activities equal to those being given to 
foreign manufacturers and suppliers.

                       International Commissions

    For necessary expenses, not otherwise provided for, to meet 
obligations of the United States arising under treaties, or specific 
Acts of Congress, as follows:

 international boundary and water commission, united states and mexico

    For necessary expenses for the United States Section of the 
International Boundary and Water Commission, United States and Mexico, 
and to comply with laws applicable to the United States Section, 
including not to exceed $6,000 for representation; as follows:


                          salaries and expenses

    For salaries and expenses, not otherwise provided for, $32,256,000.


                               Construction

    For detailed plan preparation and construction of authorized 
projects, $43,250,000, to remain available until expended, as 
authorized.


               American Sections, International Commissions

    For necessary expenses, not otherwise provided, $11,649,000, of 
which $7,559,000 is for the International Joint Commission and 
$1,970,000 is for the International Boundary Commission, United States 
and Canada, as authorized by treaties between the United States and 
Canada or Great Britain, and $2,120,000 is for the Border Environment 
Cooperation Commission as authorized by Public Law 103-182: Provided, 
That of the amount provided under this heading for the International 
Joint Commission, $9,000 may be made available for representation 
expenses 45 days after submission to the Committees on Appropriations 
of a report detailing obligations, expenditures, and associated 
activities for fiscal years 2006, 2007, and 2008, including any 
unobligated funds which expired at the end of each fiscal year and the 
justification for why such funds were not obligated.

                  international fisheries commissions

    For necessary expenses for international fisheries commissions, not 
otherwise provided for, as authorized by law, $29,925,000: Provided, 
That the United States share of such expenses may be advanced to the 
respective commissions pursuant to 31 U.S.C. 3324.

                             RELATED AGENCY

                    Broadcasting Board of Governors


                  International Broadcasting Operations

    For necessary expenses to enable the Broadcasting Board of 
Governors, as authorized, to carry out international communication 
activities, including the purchase, rent, construction, and improvement 
of facilities for radio and television transmission and reception and 
purchase, lease, and installation of necessary equipment for radio and 
television transmission and reception to Cuba, and to make and 
supervise grants for radio and television broadcasting to the Middle 
East, $698,187,000: Provided, That of the total amount in this heading, 
not to exceed $16,000 may be used for official receptions within the 
United States as authorized, not to exceed $35,000 may be used for 
representation abroad as authorized, and not to exceed $39,000 may be 
used for official reception and representation expenses of Radio Free 
Europe/Radio Liberty; and in addition, notwithstanding any other 
provision of law, not to exceed $2,000,000 in receipts from advertising 
and revenue from business ventures, not to exceed $500,000 in receipts 
from cooperating international organizations, and not to exceed 
$1,000,000 in receipts from privatization efforts of the Voice of 
America and the International Broadcasting Bureau, to remain available 
until expended for carrying out authorized purposes.


                    broadcasting capital improvements

    For the purchase, rent, construction, and improvement of facilities 
for radio and television transmission and reception, and purchase and 
installation of necessary equipment for radio and television 
transmission and reception as authorized, $11,296,000, to remain 
available until expended, as authorized.

                            RELATED PROGRAMS

                          The Asia Foundation

    For a grant to the Asia Foundation, as authorized by the Asia 
Foundation Act (22 U.S.C. 4402), $16,000,000, to remain available until 
expended, as authorized.

                    United States Institute of Peace

    For necessary expenses of the United States Institute of Peace as 
authorized in the United States Institute of Peace Act, $31,000,000, to 
remain available until September 30, 2010.

         Center for Middle Eastern-Western Dialogue Trust Fund

    For necessary expenses of the Center for Middle Eastern-Western 
Dialogue Trust Fund, the total amount of the interest and earnings 
accruing to such Fund on or before September 30, 2009, to remain 
available until expended.

                 Eisenhower Exchange Fellowship Program

    For necessary expenses of Eisenhower Exchange Fellowships, 
Incorporated, as authorized by sections 4 and 5 of the Eisenhower 
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and 
earnings accruing to the Eisenhower Exchange Fellowship Program Trust 
Fund on or before September 30, 2009, to remain available until 
expended: Provided, That none of the funds appropriated herein shall be 
used to pay any salary or other compensation, or to enter into any 
contract providing for the payment thereof, in excess of the rate 
authorized by 5 U.S.C. 5376; or for purposes which are not in 
accordance with OMB Circulars A-110 (Uniform Administrative 
Requirements) and A-122 (Cost Principles for Non-profit Organizations), 
including the restrictions on compensation for personal services.

                    Israeli Arab Scholarship Program

    For necessary expenses of the Israeli Arab Scholarship Program as 
authorized by section 214 of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and earnings 
accruing to the Israeli Arab Scholarship Fund on or before September 
30, 2009, to remain available until expended.

                            East-West Center

    To enable the Secretary of State to provide for carrying out the 
provisions of the Center for Cultural and Technical Interchange Between 
East and West Act of 1960, by grant to the Center for Cultural and 
Technical Interchange Between East and West in the State of Hawaii, 
$21,000,000: Provided, That none of the funds appropriated herein shall 
be used to pay any salary, or enter into any contract providing for the 
payment thereof, in excess of the rate authorized by 5 U.S.C. 5376.

                    National Endowment for Democracy

    For grants made by the Department of State to the National 
Endowment for Democracy, as authorized by the National Endowment for 
Democracy Act, $115,000,000, to remain available until expended, of 
which $100,000,000 shall be allocated in the traditional and customary 
manner among the core institutes and $15,000,000 shall be for 
democracy, human rights, and rule of law programs, of which $250,000 
shall be for programs and activities in Tibet: Provided, That the 
President of the National Endowment for Democracy shall provide to the 
Committees on Appropriations not later than 45 days after the date of 
enactment of this Act a report on the proposed uses of funds under this 
heading on a regional and country basis: Provided further, That funds 
made available by this Act for the promotion of democracy may be made 
available for the National Endowment for Democracy notwithstanding any 
other provision of law or regulation.

                           OTHER COMMISSIONS

      Commission for the Preservation of America's Heritage Abroad


                          SALARIES AND EXPENSES

    For necessary expenses for the Commission for the Preservation of 
America's Heritage Abroad, $599,000, as authorized by section 1303 of 
Public Law 99-83.

             Commission on International Religious Freedom


                          SALARIES AND EXPENSES

    For necessary expenses for the United States Commission on 
International Religious Freedom, as authorized by title II of the 
International Religious Freedom Act of 1998 (Public Law 105-292), 
$4,000,000, to remain available until September 30, 2010.

            Commission on Security and Cooperation in Europe


                          SALARIES AND EXPENSES

    For necessary expenses of the Commission on Security and 
Cooperation in Europe, as authorized by Public Law 94-304, $2,610,000, 
to remain available until September 30, 2010.

  Congressional-Executive Commission on the People's Republic of China


                          SALARIES AND EXPENSES

    For necessary expenses of the Congressional-Executive Commission on 
the People's Republic of China, as authorized, $2,000,000, including 
not more than $3,000 for the purpose of official representation, to 
remain available until September 30, 2010.

      United States-China Economic and Security Review Commission

                         salaries and expenses

    For necessary expenses of the United States-China Economic and 
Security Review Commission, $4,000,000, including not more than $4,000 
for the purpose of official representation, to remain available until 
September 30, 2010: Provided, That the Commission shall provide to the 
Committees on Appropriations a quarterly accounting of the cumulative 
balances of any unobligated funds that were received by the Commission 
during any previous fiscal year: Provided further, That section 308(e) 
of the United States-China Relations Act of 2000 (22 U.S.C. 6918(e)) 
(relating to the treatment of employees as Congressional employees), 
and section 309 of such Act (22 U.S.C. 6919) (relating to printing and 
binding costs), shall apply to the Commission in the same manner as 
such section applies to the Congressional-Executive Commission on the 
People's Republic of China: Provided further, That the Commission shall 
comply with chapter 43 of title 5, United States Code, regarding the 
establishment and regular review of employee performance appraisals: 
Provided further, That the Commission shall comply with section 4505a 
of title 5, United States Code, with respect to limitations on payment 
of performance-based cash awards: Provided further, That compensation 
for the executive director of the Commission may not exceed the rate 
payable for level II of the Executive Schedule under section 5313 of 
title 5, United States Code: Provided further, That travel by members 
of the Commission and its staff shall be arranged and conducted under 
the rules and procedures applying to travel by members of the House of 
Representatives and its staff.

          United States Senate-China Interparliamentary Group


                          SALARIES AND EXPENSES

    For necessary expenses of the United States Senate-China 
Interparliamentary Group, as authorized under section 153 of the 
Consolidated Appropriations Act, 2004 (22 U.S.C. 276n; Public Law 108-
99; 118 Stat. 448), $150,000, to remain available until September 30, 
2010.

                                TITLE II

           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

                  Funds Appropriated to the President


                            operating expenses

                      (including transfer of funds)

    For necessary expenses to carry out the provisions of section 667 
of the Foreign Assistance Act of 1961, $808,584,000, of which up to 
$85,000,000 may remain available until September 30, 2010: Provided, 
That none of the funds appropriated under this heading and under the 
heading ``Capital Investment Fund'' in this Act may be made available 
to finance the construction (including architect and engineering 
services), purchase, or long-term lease of offices for use by the 
United States Agency for International Development (USAID), unless the 
USAID Administrator has identified such proposed construction 
(including architect and engineering services), purchase, or long-term 
lease of offices in a report submitted to the Committees on 
Appropriations at least 15 days prior to the obligation of funds for 
such purposes: Provided further, That the previous proviso shall not 
apply when the total cost of construction (including architect and 
engineering services), purchase, or long-term lease of offices does not 
exceed $1,000,000: Provided further, That contracts or agreements 
entered into with funds appropriated under this heading may entail 
commitments for the expenditure of such funds through fiscal year 2010: 
Provided further, That any decision to open a new USAID overseas 
mission or office or, except where there is a substantial security risk 
to mission personnel, to close or significantly reduce the number of 
personnel of any such mission or office, shall be subject to the 
regular notification procedures of the Committees on Appropriations: 
Provided further, That the authority of sections 610 and 109 of the 
Foreign Assistance Act of 1961 may be exercised by the Secretary of 
State to transfer funds appropriated to carry out chapter 1 of part I 
of such Act to ``Operating Expenses'' in accordance with the provisions 
of those sections: Provided further, That of the funds appropriated or 
made available under this heading, not to exceed $250,000 shall be 
available for representation and entertainment allowances, of which not 
to exceed $5,000 shall be available for entertainment allowances, for 
USAID during the current fiscal year: Provided further, That no such 
entertainment funds may be used for the purposes listed in section 7020 
of this Act: Provided further, That appropriate steps shall be taken to 
assure that, to the maximum extent possible, United States-owned 
foreign currencies are utilized in lieu of dollars.


                    CIVILIAN STABILIZATION INITIATIVE

    For necessary expenses to carry out section 667 of the Foreign 
Assistance Act of 1961 for the United States Agency for International 
Development (USAID) to establish, support, maintain, mobilize, and 
deploy a civilian response corps in coordination with the Department of 
State, and for related reconstruction and stabilization assistance to 
prevent or respond to conflict or civil strife in foreign countries or 
regions, or to enable transition from such strife, $30,000,000, to 
remain available until expended: Provided, That not later than 60 days 
after enactment of this Act, the Secretary of State and the USAID 
Administrator shall submit a coordinated joint spending plan for funds 
made available under this heading and under the heading ``Civilian 
Stabilization Initiative'' in title I of this Act.


                         capital investment fund

    For necessary expenses for overseas construction and related costs, 
and for the procurement and enhancement of information technology and 
related capital investments, pursuant to section 667 of the Foreign 
Assistance Act of 1961, $35,775,000, to remain available until 
expended: Provided, That this amount is in addition to funds otherwise 
available for such purposes: Provided further, That funds appropriated 
under this heading shall be available for obligation only pursuant to 
the regular notification procedures of the Committees on 
Appropriations.


                       office of inspector general

    For necessary expenses to carry out the provisions of section 667 
of the Foreign Assistance Act of 1961, $42,000,000, to remain available 
until September 30, 2010, which sum shall be available for the Office 
of the Inspector General of the United States Agency for International 
Development.

                               TITLE III

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

    For necessary expenses to enable the President to carry out the 
provisions of the Foreign Assistance Act of 1961, and for other 
purposes, to remain available until September 30, 2009, unless 
otherwise specified herein, as follows:

                    global health and child survival

                     (including transfer of funds)

    For necessary expenses to carry out the provisions of chapters 1 
and 10 of part I of the Foreign Assistance Act of 1961, for global 
health activities, in addition to funds otherwise available for such 
purposes, $1,955,000,000, to remain available until September 30, 2010, 
and which shall be apportioned directly to the United States Agency for 
International Development: Provided, That this amount shall be made 
available for such activities as: (1) child survival and maternal 
health programs; (2) immunization and oral rehydration programs; (3) 
other health, nutrition, water and sanitation programs which directly 
address the needs of mothers and children, and related education 
programs; (4) assistance for children displaced or orphaned by causes 
other than AIDS; (5) programs for the prevention, treatment, control 
of, and research on HIV/AIDS, tuberculosis, polio, malaria, and other 
infectious diseases, and for assistance to communities severely 
affected by HIV/AIDS, including children infected or affected by AIDS; 
and (6) family planning/reproductive health: Provided further, That 
none of the funds appropriated under this paragraph may be made 
available for nonproject assistance, except that funds may be made 
available for such assistance for ongoing health activities: Provided 
further, That of the funds appropriated under this paragraph, not to 
exceed $400,000, in addition to funds otherwise available for such 
purposes, may be used to monitor and provide oversight of child 
survival, maternal and family planning/reproductive health, and 
infectious disease programs: Provided further, That of the funds 
appropriated under this paragraph, $75,000,000 should be made available 
for a United States contribution to The GAVI Fund, and up to $5,000,000 
may be transferred to, and merged with, funds appropriated by this Act 
under the heading ``Operating Expenses'' in title II for costs directly 
related to global health, but funds made available for such costs may 
not be derived from amounts made available for contributions under this 
and preceding provisos: Provided further, That none of the funds made 
available in this Act nor any unobligated balances from prior 
appropriations Acts may be made available to any organization or 
program which, as determined by the President of the United States, 
supports or participates in the management of a program of coercive 
abortion or involuntary sterilization: Provided further, That any 
determination made under the previous proviso must be made no later 
than 6 months after the date of enactment of this Act, and must be 
accompanied by the evidence and criteria utilized to make the 
determination: Provided further, That none of the funds made available 
under this Act may be used to pay for the performance of abortion as a 
method of family planning or to motivate or coerce any person to 
practice abortions: Provided further, That nothing in this paragraph 
shall be construed to alter any existing statutory prohibitions against 
abortion under section 104 of the Foreign Assistance Act of 1961: 
Provided further, That none of the funds made available under this Act 
may be used to lobby for or against abortion: Provided further, That in 
order to reduce reliance on abortion in developing nations, funds shall 
be available only to voluntary family planning projects which offer, 
either directly or through referral to, or information about access to, 
a broad range of family planning methods and services, and that any 
such voluntary family planning project shall meet the following 
requirements: (1) service providers or referral agents in the project 
shall not implement or be subject to quotas, or other numerical 
targets, of total number of births, number of family planning 
acceptors, or acceptors of a particular method of family planning (this 
provision shall not be construed to include the use of quantitative 
estimates or indicators for budgeting and planning purposes); (2) the 
project shall not include payment of incentives, bribes, gratuities, or 
financial reward to: (A) an individual in exchange for becoming a 
family planning acceptor; or (B) program personnel for achieving a 
numerical target or quota of total number of births, number of family 
planning acceptors, or acceptors of a particular method of family 
planning; (3) the project shall not deny any right or benefit, 
including the right of access to participate in any program of general 
welfare or the right of access to health care, as a consequence of any 
individual's decision not to accept family planning services; (4) the 
project shall provide family planning acceptors comprehensible 
information on the health benefits and risks of the method chosen, 
including those conditions that might render the use of the method 
inadvisable and those adverse side effects known to be consequent to 
the use of the method; and (5) the project shall ensure that 
experimental contraceptive drugs and devices and medical procedures are 
provided only in the context of a scientific study in which 
participants are advised of potential risks and benefits; and, not less 
than 60 days after the date on which the Administrator of the United 
States Agency for International Development determines that there has 
been a violation of the requirements contained in paragraph (1), (2), 
(3), or (5) of this proviso, or a pattern or practice of violations of 
the requirements contained in paragraph (4) of this proviso, the 
Administrator shall submit to the Committees on Appropriations a report 
containing a description of such violation and the corrective action 
taken by the Agency: Provided further, That in awarding grants for 
natural family planning under section 104 of the Foreign Assistance Act 
of 1961 no applicant shall be discriminated against because of such 
applicant's religious or conscientious commitment to offer only natural 
family planning; and, additionally, all such applicants shall comply 
with the requirements of the previous proviso: Provided further, That 
for purposes of this or any other Act authorizing or appropriating 
funds for the Department of State, foreign operations, and related 
programs, the term ``motivate'', as it relates to family planning 
assistance, shall not be construed to prohibit the provision, 
consistent with local law, of information or counseling about all 
pregnancy options: Provided further, That information provided about 
the use of condoms as part of projects or activities that are funded 
from amounts appropriated by this Act shall be medically accurate and 
shall include the public health benefits and failure rates of such use.
    In addition, for necessary expenses to carry out the provisions of 
the Foreign Assistance Act of 1961 for the prevention, treatment, and 
control of, and research on, HIV/AIDS, $5,159,000,000, to remain 
available until expended, and which shall be apportioned directly to 
the Department of State: Provided, That of the funds appropriated under 
this paragraph, not less than $600,000,000 shall be made available, 
notwithstanding any other provision of law, except for the United 
States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of 
2003 (Public Law 108-25), as amended, for a United States contribution 
to the Global Fund to Fight AIDS, Tuberculosis and Malaria, and shall 
be expended at the minimum rate necessary to make timely payment for 
projects and activities: Provided further, That up to 5 percent of the 
aggregate amount of funds made available to the Global Fund in fiscal 
year 2009 may be made available to the United States Agency for 
International Development for technical assistance related to the 
activities of the Global Fund: Provided further, That of the funds 
appropriated under this paragraph, up to $14,000,000 may be made 
available, in addition to amounts otherwise available for such 
purposes, for administrative expenses of the Office of the Global AIDS 
Coordinator.

                         development assistance

    For necessary expenses to carry out the provisions of sections 103, 
105, 106, and sections 251 through 255, and chapter 10 of part I of the 
Foreign Assistance Act of 1961, $1,800,000,000, to remain available 
until September 30, 2010: Provided, That of the funds appropriated 
under this heading that are made available for assistance programs for 
displaced and orphaned children and victims of war, not to exceed 
$44,000, in addition to funds otherwise available for such purposes, 
may be used to monitor and provide oversight of such programs: Provided 
further, That of the funds appropriated by this Act and prior Acts for 
fiscal year 2009, not less than $245,000,000 shall be made available 
for microenterprise and microfinance development programs for the poor, 
especially women: Provided further, That of the funds appropriated 
under this heading, not less than $22,500,000 shall be made available 
for the American Schools and Hospitals Abroad program: Provided 
further, That of the funds appropriated under this heading, $10,000,000 
shall be made available for cooperative development programs within the 
Office of Private and Voluntary Cooperation: Provided further, That of 
the funds appropriated by this Act and prior Acts for fiscal year 2009, 
not less than $300,000,000 shall be made available for water and 
sanitation supply projects pursuant to the Senator Paul Simon Water for 
the Poor Act of 2005 (Public Law 109-121), of which not less than 
$125,000,000 should be made available for such projects in Africa: 
Provided further, That of the funds appropriated by title III of this 
Act, not less than $375,000,000 shall be made available for 
agricultural development programs, of which not less than $29,000,000 
shall be made available for Collaborative Research Support Programs: 
Provided further, That of the funds appropriated under this heading, 
$75,000,000 shall be made available to enhance global food security, 
including for local or regional purchase and distribution of food, in 
addition to funds otherwise made available for such purposes, and 
notwithstanding any other provision of law: Provided further, That 
prior to the obligation of funds pursuant to the previous proviso and 
after consultation with other relevant Federal departments and 
agencies, the Committees on Appropriations, and relevant 
nongovernmental organizations, the Administrator of the United States 
Agency for International Development shall submit to the Committees on 
Appropriations a strategy for achieving the goals of funding for global 
food security programs, specifying the intended country beneficiaries, 
amounts of funding, types of activities to be funded, and expected 
quantifiable results: Provided further, That of the funds appropriated 
under this heading for agricultural development programs, not less than 
$7,000,000 shall be made available for a United States contribution to 
the endowment of the Global Crop Diversity Trust pursuant to section 
3202 of Public Law 110-246: Provided further, That of the funds 
appropriated under this heading, not less than $15,000,000 shall be 
made available for programs to improve women's leadership capacity in 
recipient countries.


                    international disaster assistance

    For necessary expenses to carry out the provisions of section 491 
of the Foreign Assistance Act of 1961 for international disaster 
relief, rehabilitation, and reconstruction assistance, $350,000,000, to 
remain available until expended.


                          transition initiatives

    For necessary expenses for international disaster rehabilitation 
and reconstruction assistance pursuant to section 491 of the Foreign 
Assistance Act of 1961, $50,000,000, to remain available until 
expended, to support transition to democracy and to long-term 
development of countries in crisis: Provided, That such support may 
include assistance to develop, strengthen, or preserve democratic 
institutions and processes, revitalize basic infrastructure, and foster 
the peaceful resolution of conflict: Provided further, That the United 
States Agency for International Development shall submit a report to 
the Committees on Appropriations at least 5 days prior to beginning a 
new program of assistance: Provided further, That if the President 
determines that it is important to the national interests of the United 
States to provide transition assistance in excess of the amount 
appropriated under this heading, up to $15,000,000 of the funds 
appropriated by this Act to carry out the provisions of part I of the 
Foreign Assistance Act of 1961 may be used for purposes of this heading 
and under the authorities applicable to funds appropriated under this 
heading: Provided further, That funds made available pursuant to the 
previous proviso shall be made available subject to prior consultation 
with the Committees on Appropriations.


                       development credit authority

                      (including transfer of funds)

    For the cost of direct loans and loan guarantees provided by the 
United States Agency for International Development, as authorized by 
sections 256 and 635 of the Foreign Assistance Act of 1961, up to 
$25,000,000 may be derived by transfer from funds appropriated by this 
Act to carry out part I of such Act and under the heading ``Assistance 
for Europe, Eurasia and Central Asia'': Provided, That funds provided 
under this paragraph and funds provided as a gift pursuant to section 
635(d) of the Foreign Assistance Act of 1961 shall be made available 
only for micro and small enterprise programs, urban programs, and other 
programs which further the purposes of part I of such Act: Provided 
further, That such costs, including the cost of modifying such direct 
and guaranteed loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974, as amended: Provided further, That 
funds made available by this paragraph may be used for the cost of 
modifying any such guaranteed loans under this Act or prior Acts, and 
funds used for such costs shall be subject to the regular notification 
procedures of the Committees on Appropriations: Provided further, That 
the provisions of section 107A(d) (relating to general provisions 
applicable to the Development Credit Authority) of the Foreign 
Assistance Act of 1961, as contained in section 306 of H.R. 1486 as 
reported by the House Committee on International Relations on May 9, 
1997, shall be applicable to direct loans and loan guarantees provided 
under this heading: Provided further, That these funds are available to 
subsidize total loan principal, any portion of which is to be 
guaranteed, of up to $700,000,000.
    In addition, for administrative expenses to carry out credit 
programs administered by the United States Agency for International 
Development, $8,000,000, which may be transferred to, and merged with, 
funds made available under the heading ``Operating Expenses'' in title 
II of this Act: Provided, That funds made available under this heading 
shall remain available until September 30, 2011.

                         economic support fund

                     (including transfer of funds)

    For necessary expenses to carry out the provisions of chapter 4 of 
part II of the Foreign Assistance Act of 1961, $3,007,000,000, to 
remain available until September 30, 2010: Provided, That of the funds 
appropriated under this heading, $200,000,000 shall be available only 
for Egypt, which sum shall be provided on a grant basis, and of which 
sum cash transfer assistance shall be provided with the understanding 
that Egypt will undertake significant economic and democratic reforms 
which are additional to those which were undertaken in previous fiscal 
years: Provided further, That of the funds appropriated under this 
heading for assistance for Egypt, up to $20,000,000 shall be made 
available for democracy, human rights and governance programs, and not 
less than $35,000,000 shall be made available for education programs, 
of which not less than $10,000,000 is for scholarships for Egyptian 
students with high financial need: Provided further, That $11,000,000 
of the funds appropriated under this heading should be made available 
for Cyprus to be used only for scholarships, administrative support of 
the scholarship program, bicommunal projects, and measures aimed at 
reunification of the island and designed to reduce tensions and promote 
peace and cooperation between the two communities on Cyprus: Provided 
further, That of the funds appropriated under this heading, not less 
than $263,547,000 shall be made available for assistance for Jordan: 
Provided further, That of the funds appropriated under this heading not 
more than $75,000,000 may be made available for assistance for the West 
Bank and Gaza, of which not to exceed $2,000,000 may be used for 
administrative expenses of the United States Agency for International 
Development (USAID), in addition to funds otherwise available for such 
purposes, to carry out programs in the West Bank and Gaza: Provided 
further, That $67,500,000 of the funds appropriated under this heading 
shall be made available for assistance for Lebanon, of which not less 
than $10,000,000 shall be made available for educational scholarships 
for students in Lebanon with high financial need: Provided further, 
That $200,000,000 of the funds made available for assistance for 
Afghanistan under this heading may be obligated for such assistance 
only after the Secretary of State certifies to the Committees on 
Appropriations that the Government of Afghanistan at both the national 
and provincial level is cooperating fully with United States-funded 
poppy eradication and interdiction efforts in Afghanistan: Provided 
further, That the President may waive the previous proviso if the 
President determines and reports to the Committees on Appropriations 
that to do so is in the national security interests of the United 
States: Provided further, That of the funds appropriated under this 
heading, $200,000,000 shall be apportioned directly to USAID for 
alternative development/institution building programs in Colombia: 
Provided further, That of the funds appropriated under this heading 
that are available for Colombia, not less than $3,500,000 shall be 
transferred to, and merged with, funds appropriated under the heading 
``Migration and Refugee Assistance'' and shall be made available only 
for assistance to nongovernmental organizations that provide emergency 
relief aid to Colombian refugees in neighboring countries.


                              DEMOCRACY FUND

    (a) For necessary expenses to carry out the provisions of the 
Foreign Assistance Act of 1961 for the promotion of democracy globally, 
$116,000,000, to remain available until September 30, 2011, of which 
not less than $74,000,000 shall be made available for the Human Rights 
and Democracy Fund of the Bureau of Democracy, Human Rights and Labor, 
Department of State, and not less than $37,000,000 shall be made 
available for the Office of Democracy and Governance of the Bureau for 
Democracy, Conflict, and Humanitarian Assistance, United States Agency 
for International Development.
    (b) Of the funds appropriated under this heading that are made 
available to the Bureau of Democracy, Human Rights and Labor, not less 
than $17,000,000 shall be made available for the promotion of democracy 
in the People's Republic of China, Hong Kong, and Taiwan, and not less 
than $6,500,000 shall be made available for the promotion of democracy 
in countries located outside the Middle East region with a significant 
Muslim population, and where such programs and activities would be 
important to respond to, deter, or prevent extremism: Provided, That 
assistance for Taiwan should be matched from sources other than the 
United States Government.
    (c) Of the funds appropriated under this heading that are made 
available to the Bureau for Democracy, Conflict, and Humanitarian 
Assistance, not less than $19,500,000 shall be made available for the 
Elections and Political Process Fund, $7,500,000 shall be made 
available for international labor programs, and not less than 
$10,000,000 shall be made available to provide institutional and core 
support for organizations that promote human rights, independent media 
and the rule of law.
    (d) Funds appropriated by this Act that are made available for the 
promotion of democracy may be made available notwithstanding any other 
provision of law. Funds appropriated under this heading are in addition 
to funds otherwise made available for such purposes.
    (e) For the purposes of funds appropriated by this Act, the term 
``promotion of democracy'' means programs that support good governance, 
human rights, independent media, and the rule of law, and otherwise 
strengthen the capacity of democratic political parties, governments, 
nongovernmental organizations and institutions, and citizens to support 
the development of democratic states, institutions, and practices that 
are responsive and accountable to citizens.
    (f) Any contract, grant, or cooperative agreement (or any amendment 
to any contract, grant, or cooperative agreement) in excess of 
$1,000,000 of funds under this heading, and in excess of $2,500,000 
under other headings in this Act, for the promotion of democracy, with 
the exception of programs and activities of the National Endowment for 
Democracy, shall be subject to the regular notification procedures of 
the Committees on Appropriations.

                     international fund for ireland

    For necessary expenses to carry out the provisions of chapter 4 of 
part II of the Foreign Assistance Act of 1961, $15,000,000, which shall 
be available for the United States contribution to the International 
Fund for Ireland and shall be made available in accordance with the 
provisions of the Anglo-Irish Agreement Support Act of 1986 (Public Law 
99-415): Provided, That such amount shall be expended at the minimum 
rate necessary to make timely payment for projects and activities: 
Provided further, That funds made available under this heading shall 
remain available until September 30, 2010.


             ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA

    For necessary expenses to carry out the provisions of the Foreign 
Assistance Act of 1961, the FREEDOM Support Act, and the Support for 
East European Democracy (SEED) Act of 1989, $650,000,000, to remain 
available until September 30, 2010, which shall be available, 
notwithstanding any other provision of law, for assistance and for 
related programs for countries identified in section 3 of the FREEDOM 
Support Act and section 3(c) of the SEED Act: Provided, That funds 
appropriated under this heading shall be considered to be economic 
assistance under the Foreign Assistance Act of 1961 for purposes of 
making available the administrative authorities contained in that Act 
for the use of economic assistance: Provided further, That 
notwithstanding any provision of this or any other Act, funds 
appropriated in prior years under the headings ``Independent States of 
the Former Soviet Union'' and similar headings and ``Assistance for 
Eastern Europe and the Baltic States'' and similar headings, and 
currencies generated by or converted from such funds, shall be 
available for use in any country for which funds are made available 
under this heading without regard to the geographic limitations of the 
heading under which such funds were originally appropriated: Provided 
further, That funds made available for the Southern Caucasus region may 
be used for confidence-building measures and other activities in 
furtherance of the peaceful resolution of conflicts, including in 
Nagorno-Karabagh.

                          Department of State


           international narcotics control and law enforcement

    For necessary expenses to carry out section 481 of the Foreign 
Assistance Act of 1961, $875,000,000, to remain available until 
September 30, 2010: Provided, That during fiscal year 2009, the 
Department of State may also use the authority of section 608 of the 
Foreign Assistance Act of 1961, without regard to its restrictions, to 
receive excess property from an agency of the United States Government 
for the purpose of providing it to a foreign country or international 
organization under chapter 8 of part I of that Act subject to the 
regular notification procedures of the Committees on Appropriations: 
Provided further, That the Secretary of State shall provide to the 
Committees on Appropriations not later than 45 days after the date of 
the enactment of this Act and prior to the initial obligation of funds 
appropriated under this heading, a report on the proposed uses of all 
funds under this heading on a country-by-country basis for each 
proposed program, project, or activity: Provided further, That none of 
the funds appropriated under this heading for assistance for 
Afghanistan may be made available for eradication programs through the 
aerial spraying of herbicides unless the Secretary of State determines 
and reports to the Committees on Appropriations that the President of 
Afghanistan has requested assistance for such aerial spraying programs 
for counternarcotics or counterterrorism purposes: Provided further, 
That in the event the Secretary of State makes a determination pursuant 
to the previous proviso, the Secretary shall consult with the 
Committees on Appropriations prior to the obligation of funds for such 
eradication programs: Provided further, That of the funds appropriated 
under this heading, $5,000,000 should be made available to combat 
piracy of United States copyrighted materials, consistent with the 
requirements of section 688(a) and (b) of the Department of State, 
Foreign Operations, and Related Programs Appropriations Act, 2008 
(division J of Public Law 110-161): Provided further, That none of the 
funds appropriated under this heading for assistance for Colombia shall 
be made available for budget support or as cash payments: Provided 
further, That of the funds appropriated under this heading for 
administrative expenses, ten percent shall be withheld from obligation 
until the Secretary of State submits a report to the Committees on 
Appropriations detailing all salaries funded under this heading in 
fiscal years 2007 and 2008, and such salaries proposed in fiscal year 
2009.


                       andean counterdrug programs

    For necessary expenses to carry out section 481 of the Foreign 
Assistance Act of 1961 to support counterdrug activities in the Andean 
region of South America, $315,000,000, to remain available until 
September 30, 2010: Provided, That the Secretary of State, in 
consultation with the Administrator of the United States Agency for 
International Development (USAID), shall provide to the Committees on 
Appropriations not later than 45 days after the date of the enactment 
of this Act and prior to the initial obligation of funds appropriated 
under this heading, a report on the proposed uses of all funds under 
this heading on a country-by-country basis for each proposed program, 
project, or activity: Provided further, That section 482(b) of the 
Foreign Assistance Act of 1961 shall not apply to funds appropriated 
under this heading: Provided further, That assistance provided with 
funds appropriated under this heading that is made available 
notwithstanding section 482(b) of the Foreign Assistance Act of 1961 
shall be made available subject to the regular notification procedures 
of the Committees on Appropriations: Provided further, That funds 
appropriated under this heading that are made available for assistance 
for the Bolivian military and police may be made available for such 
purposes only if the Secretary of State certifies to the Committees on 
Appropriations that the Bolivian military and police are respecting 
internationally recognized human rights and cooperating fully with 
investigations and prosecutions by civilian judicial authorities of 
military and police personnel who have been credibly alleged to have 
violated such rights: Provided further, That of the funds appropriated 
under this heading, not more than $16,730,000 may be available for 
administrative expenses of the Department of State, and not more than 
$8,000,000 of the funds made available for alternative development/
institution building programs under the heading ``Economic Support 
Fund'' in this Act may be available, in addition to amounts otherwise 
available for such purposes, for administrative expenses of USAID.


     nonproliferation, anti-terrorism, demining and related programs

    For necessary expenses for nonproliferation, anti-terrorism, 
demining and related programs and activities, $525,000,000, to carry 
out the provisions of chapter 8 of part II of the Foreign Assistance 
Act of 1961 for anti-terrorism assistance, chapter 9 of part II of the 
Foreign Assistance Act of 1961, section 504 of the FREEDOM Support Act, 
section 23 of the Arms Export Control Act or the Foreign Assistance Act 
of 1961 for demining activities, the clearance of unexploded ordnance, 
the destruction of small arms, and related activities, notwithstanding 
any other provision of law, including activities implemented through 
nongovernmental and international organizations, and section 301 of the 
Foreign Assistance Act of 1961 for a voluntary contribution to the 
International Atomic Energy Agency (IAEA), and for a United States 
contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory 
Commission: Provided, That of this amount not to exceed $41,000,000, to 
remain available until expended, may be made available for the 
Nonproliferation and Disarmament Fund, notwithstanding any other 
provision of law, to promote bilateral and multilateral activities 
relating to nonproliferation and disarmament: Provided further, That 
such funds may also be used for such countries other than the 
Independent States of the former Soviet Union and international 
organizations when it is in the national security interest of the 
United States to do so: Provided further, That funds appropriated under 
this heading may be made available for IAEA only if the Secretary of 
State determines (and so reports to the Congress) that Israel is not 
being denied its right to participate in the activities of that Agency: 
Provided further, That of the funds appropriated under this heading, 
not more than $750,000 may be made available for public-private 
partnerships for conventional weapons and mine action by grant, 
cooperative agreement or contract: Provided further, That of the funds 
made available for demining and related activities, not to exceed 
$700,000, in addition to funds otherwise available for such purposes, 
may be used for administrative expenses related to the operation and 
management of the demining program: Provided further, That funds 
appropriated under this heading that are available for ``Anti-terrorism 
Assistance'' and ``Export Control and Border Security'' shall remain 
available until September 30, 2010.

                    migration and refugee assistance

    For necessary expenses, not otherwise provided for, to enable the 
Secretary of State to provide, as authorized by law, a contribution to 
the International Committee of the Red Cross, assistance to refugees, 
including contributions to the International Organization for Migration 
and the United Nations High Commissioner for Refugees, and other 
activities to meet refugee and migration needs; salaries and expenses 
of personnel and dependents as authorized by the Foreign Service Act of 
1980; allowances as authorized by sections 5921 through 5925 of title 
5, United States Code; purchase and hire of passenger motor vehicles; 
and services as authorized by section 3109 of title 5, United States 
Code, $931,000,000, to remain available until expended, of which not 
less than $30,000,000 shall be made available for refugees resettling 
in Israel.


      united states emergency refugee and migration assistance fund

    For necessary expenses to carry out the provisions of section 2(c) 
of the Migration and Refugee Assistance Act of 1962, as amended (22 
U.S.C. 2601(c)), $40,000,000, to remain available until expended.

                          Independent Agencies


                               peace corps

                      (including transfer of funds)

    For necessary expenses to carry out the provisions of the Peace 
Corps Act (75 Stat. 612), including the purchase of not to exceed five 
passenger motor vehicles for administrative purposes for use outside of 
the United States, $340,000,000 to remain available until September 30, 
2010: Provided, That none of the funds appropriated under this heading 
shall be used to pay for abortions: Provided further, That the Director 
of the Peace Corps may transfer to the Foreign Currency Fluctuations 
Account, as authorized by 22 U.S.C. 2515, an amount not to exceed 
$4,000,000: Provided further, That funds transferred pursuant to the 
previous proviso may not be derived from amounts made available for 
Peace Corps overseas operations: Provided further, That of the funds 
appropriated under this heading, not to exceed $4,000 shall be made 
available for entertainment expenses: Provided further, That any 
decision to open a new domestic office or to close, or significantly 
reduce the number of personnel of, any office, shall be subject to the 
regular notification procedures of the Committees on Appropriations.


                     Millennium Challenge Corporation

                      (including transfer of funds)

    For necessary expenses to carry out the provisions of the 
Millennium Challenge Act of 2003, $875,000,000 to remain available 
until expended: Provided, That of the funds appropriated under this 
heading, up to $95,000,000 may be available for administrative expenses 
of the Millennium Challenge Corporation (the Corporation): Provided 
further, That up to 10 percent of the funds appropriated under this 
heading may be made available to carry out the purposes of section 616 
of the Millennium Challenge Act of 2003 for candidate countries for 
fiscal year 2009: Provided further, That none of the funds available to 
carry out section 616 of such Act may be made available until the Chief 
Executive Officer of the Corporation provides a report to the 
Committees on Appropriations listing the candidate countries that will 
be receiving assistance under section 616 of such Act, the level of 
assistance proposed for each such country, a description of the 
proposed programs, projects and activities, and the implementing agency 
or agencies of the United States Government: Provided further, That 
section 605(e)(4) of the Millennium Challenge Act of 2003 shall apply 
to funds appropriated under this heading: Provided further, That funds 
appropriated under this heading may be made available for a Millennium 
Challenge Compact entered into pursuant to section 609 of the 
Millennium Challenge Act of 2003 only if such Compact obligates, or 
contains a commitment to obligate subject to the availability of funds 
and the mutual agreement of the parties to the Compact to proceed, the 
entire amount of the United States Government funding anticipated for 
the duration of the Compact: Provided further, That the Corporation 
should reimburse the United States Agency for International Development 
(USAID) for all expenses incurred by USAID with funds appropriated 
under this heading in assisting the Corporation in carrying out the 
Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.), including 
administrative costs for compact development, negotiation, and 
implementation: Provided further, That of the funds appropriated under 
this heading, not to exceed $100,000 shall be available for 
representation and entertainment allowances, of which not to exceed 
$5,000 shall be available for entertainment allowances.


                        Inter-American Foundation

    For necessary expenses to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section 401 of 
the Foreign Assistance Act of 1969, $22,500,000, to remain available 
until September 30, 2010: Provided, That of the funds appropriated 
under this heading, not to exceed $3,000 shall be available for 
entertainment and representation allowances.


                      AFRICAN DEVELOPMENT FOUNDATION

    For necessary expenses to carry out title V of the International 
Security and Development Cooperation Act of 1980 (Public Law 96-533), 
$32,500,000, to remain available until September 30, 2010: Provided, 
That funds made available to grantees may be invested pending 
expenditure for project purposes when authorized by the Board of 
Directors of the Foundation: Provided further, That interest earned 
shall be used only for the purposes for which the grant was made: 
Provided further, That notwithstanding section 505(a)(2) of the African 
Development Foundation Act, in exceptional circumstances the Board of 
Directors of the Foundation may waive the $250,000 limitation contained 
in that section with respect to a project and a project may exceed the 
limitation by up to $10,000 if the increase is due solely to foreign 
currency fluctuation: Provided further, That the Foundation shall 
provide a report to the Committees on Appropriations after each time 
such waiver authority is exercised.

                       Department of the Treasury


                International Affairs Technical Assistance

    For necessary expenses to carry out the provisions of section 129 
of the Foreign Assistance Act of 1961, $25,000,000, to remain available 
until September 30, 2011, which shall be available notwithstanding any 
other provision of law.


                            Debt Restructuring

    For the cost, as defined in section 502 of the Congressional Budget 
Act of 1974, of modifying loans and loan guarantees, as the President 
may determine, for which funds have been appropriated or otherwise made 
available for programs within the International Affairs Budget Function 
150, including the cost of selling, reducing, or canceling amounts owed 
to the United States as a result of concessional loans made to eligible 
countries, pursuant to parts IV and V of the Foreign Assistance Act of 
1961, of modifying concessional credit agreements with least developed 
countries, as authorized under section 411 of the Agricultural Trade 
Development and Assistance Act of 1954, as amended, of concessional 
loans, guarantees and credit agreements, as authorized under section 
572 of the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1989 (Public Law 100-461), and of canceling amounts 
owed, as a result of loans or guarantees made pursuant to the Export-
Import Bank Act of 1945, by countries that are eligible for debt 
reduction pursuant to title V of H.R. 3425 as enacted into law by 
section 1000(a)(5) of Public Law 106-113, $60,000,000, to remain 
available until September 30, 2011: Provided, That not less than 
$20,000,000 of the funds appropriated under this heading shall be made 
available to carry out the provisions of part V of the Foreign 
Assistance Act of 1961: Provided further, That amounts paid to the HIPC 
Trust Fund may be used only to fund debt reduction under the enhanced 
HIPC initiative by--
        (1) the Inter-American Development Bank;
        (2) the African Development Fund;
        (3) the African Development Bank; and
        (4) the Central American Bank for Economic Integration:
Provided further, That funds may not be paid to the HIPC Trust Fund for 
the benefit of any country if the Secretary of State has credible 
evidence that the government of such country is engaged in a consistent 
pattern of gross violations of internationally recognized human rights 
or in military or civil conflict that undermines its ability to develop 
and implement measures to alleviate poverty and to devote adequate 
human and financial resources to that end: Provided further, That on 
the basis of final appropriations, the Secretary of the Treasury shall 
consult with the Committees on Appropriations concerning which 
countries and international financial institutions are expected to 
benefit from a United States contribution to the HIPC Trust Fund during 
the fiscal year: Provided further, That the Secretary of the Treasury 
shall notify the Committees on Appropriations not less than 15 days in 
advance of the signature of an agreement by the United States to make 
payments to the HIPC Trust Fund of amounts for such countries and 
institutions: Provided further, That the Secretary of the Treasury may 
disburse funds designated for debt reduction through the HIPC Trust 
Fund only for the benefit of countries that--
        (1) have committed, for a period of 24 months, not to accept 
    new market-rate loans from the international financial institution 
    receiving debt repayment as a result of such disbursement, other 
    than loans made by such institutions to export-oriented commercial 
    projects that generate foreign exchange which are generally 
    referred to as ``enclave'' loans; and
        (2) have documented and demonstrated their commitment to 
    redirect their budgetary resources from international debt 
    repayments to programs to alleviate poverty and promote economic 
    growth that are additional to or expand upon those previously 
    available for such purposes:
Provided further, That any limitation of subsection (e) of section 411 
of the Agricultural Trade Development and Assistance Act of 1954 shall 
not apply to funds appropriated under this heading: Provided further, 
That none of the funds made available under this heading in this or any 
other appropriations Act shall be made available for Sudan or Burma 
unless the Secretary of the Treasury determines and notifies the 
Committees on Appropriations that a democratically elected government 
has taken office.

                                TITLE IV

                   INTERNATIONAL SECURITY ASSISTANCE

                  Funds Appropriated to the President


                         peacekeeping operations

    For necessary expenses to carry out the provisions of section 551 
of the Foreign Assistance Act of 1961, $250,200,000: Provided, That of 
the funds made available under this heading, not less than $25,000,000 
shall be made available for a United States contribution to the 
Multinational Force and Observers mission in the Sinai: Provided 
further, That none of the funds appropriated under this heading shall 
be obligated or expended except as provided through the regular 
notification procedures of the Committees on Appropriations.


              International Military Education and Training

    For necessary expenses to carry out the provisions of section 541 
of the Foreign Assistance Act of 1961, $91,000,000, of which up to 
$4,000,000 may remain available until expended and may only be provided 
through the regular notification procedures of the Committees on 
Appropriations: Provided, That the civilian personnel for whom military 
education and training may be provided under this heading may include 
civilians who are not members of a government whose participation would 
contribute to improved civil-military relations, civilian control of 
the military, or respect for human rights: Provided further, That funds 
made available under this heading for assistance for Haiti, Guatemala, 
the Democratic Republic of the Congo, Nigeria, Sri Lanka, Nepal, 
Ethiopia, Bangladesh, Libya, and Angola may only be provided through 
the regular notification procedures of the Committees on Appropriations 
and any such notification shall include a detailed description of 
proposed activities: Provided further, That of the funds appropriated 
under this heading, not to exceed $55,000 shall be available for 
entertainment allowances.

                   foreign military financing program

    For necessary expenses for grants to enable the President to carry 
out the provisions of section 23 of the Arms Export Control Act, 
$4,635,000,000: Provided, That of the funds appropriated under this 
heading, not less than $2,380,000,000 shall be available for grants 
only for Israel, and not less than $1,300,000,000 shall be made 
available for grants only for Egypt, including for border security 
programs and activities in the Sinai: Provided further, That the funds 
appropriated by this paragraph for Israel shall be disbursed within 30 
days of the enactment of this Act: Provided further, That to the extent 
that the Government of Israel requests that funds be used for such 
purposes, grants made available for Israel by this paragraph shall, as 
agreed by the United States and Israel, be available for advanced 
weapons systems, of which not less than $670,650,000 shall be available 
for the procurement in Israel of defense articles and defense services, 
including research and development: Provided further, That of the funds 
appropriated by this paragraph, $235,000,000 shall be made available 
for assistance for Jordan: Provided further, That of the funds 
appropriated under this heading, not more than $53,000,000 shall be 
available for Colombia, of which $12,500,000 is available to support 
maritime interdiction: Provided further, That funds appropriated under 
this heading for assistance for Pakistan may be made available only for 
border security, counter-terrorism and law enforcement activities 
directed against Al Qaeda, the Taliban and associated terrorist groups: 
Provided further, That none of the funds made available under this 
heading shall be made available to support or continue any program 
initially funded under the authority of section 1206 of the National 
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 
Stat. 3456) unless the Secretary of State has previously justified such 
program to the Committees on Appropriations: Provided further, That 
funds appropriated or otherwise made available by this paragraph shall 
be nonrepayable notwithstanding any requirement in section 23 of the 
Arms Export Control Act: Provided further, That funds made available 
under this paragraph shall be obligated upon apportionment in 
accordance with paragraph (5)(C) of title 31, United States Code, 
section 1501(a).
    None of the funds made available under this heading shall be 
available to finance the procurement of defense articles, defense 
services, or design and construction services that are not sold by the 
United States Government under the Arms Export Control Act unless the 
foreign country proposing to make such procurements has first signed an 
agreement with the United States Government specifying the conditions 
under which such procurements may be financed with such funds: 
Provided, That all country and funding level increases in allocations 
shall be submitted through the regular notification procedures of 
section 7015 of this Act: Provided further, That none of the funds 
appropriated under this heading may be made available for assistance 
for Nepal, Sri Lanka, Pakistan, Bangladesh, Philippines, Indonesia, 
Bosnia and Herzegovina, Haiti, Guatemala, Ethiopia, and the Democratic 
Republic of the Congo except pursuant to the regular notification 
procedures of the Committees on Appropriations: Provided further, That 
funds made available under this heading may be used, notwithstanding 
any other provision of law, for demining, the clearance of unexploded 
ordnance, and related activities, and may include activities 
implemented through nongovernmental and international organizations: 
Provided further, That only those countries for which assistance was 
justified for the ``Foreign Military Sales Financing Program'' in the 
fiscal year 1989 congressional presentation for security assistance 
programs may utilize funds made available under this heading for 
procurement of defense articles, defense services or design and 
construction services that are not sold by the United States Government 
under the Arms Export Control Act: Provided further, That funds 
appropriated under this heading shall be expended at the minimum rate 
necessary to make timely payment for defense articles and services: 
Provided further, That not more than $51,420,000 of the funds 
appropriated under this heading may be obligated for necessary 
expenses, including the purchase of passenger motor vehicles for 
replacement only for use outside of the United States, for the general 
costs of administering military assistance and sales, except that this 
limitation may be exceeded only through the regular notification 
procedures of the Committees on Appropriations: Provided further, That 
of the funds appropriated under this heading for general costs of 
administering military assistance and sales, not to exceed $4,000 shall 
be available for entertainment expenses and not to exceed $130,000 
shall be available for representation allowances: Provided further, 
That not more than $470,000,000 of funds realized pursuant to section 
21(e)(1)(A) of the Arms Export Control Act may be obligated for 
expenses incurred by the Department of Defense during fiscal year 2009 
pursuant to section 43(b) of the Arms Export Control Act, except that 
this limitation may be exceeded only through the regular notification 
procedures of the Committees on Appropriations: Provided further, That 
funds appropriated under this heading estimated to be outlayed for 
Egypt during fiscal year 2009 shall be transferred to an interest 
bearing account for Egypt in the Federal Reserve Bank of New York 
within 30 days of enactment of this Act.

                                TITLE V

                        MULTILATERAL ASSISTANCE

                  Funds Appropriated to the President


                 international organizations and programs

    For necessary expenses to carry out the provisions of section 301 
of the Foreign Assistance Act of 1961, and of section 2 of the United 
Nations Environment Program Participation Act of 1973, $352,500,000: 
Provided, That section 307(a) of the Foreign Assistance Act of 1961 
shall not apply to contributions to the United Nations Democracy Fund.

                  international financial institutions

                      global environment facility

    For the United States contribution for the Global Environment 
Facility, $80,000,000, to the International Bank for Reconstruction and 
Development as trustee for the Global Environment Facility, by the 
Secretary of the Treasury, to remain available until expended.


        contribution to the international development association

    For payment to the International Development Association by the 
Secretary of the Treasury, $1,115,000,000, to remain available until 
expended.


      Contribution to the Enterprise for the Americas Multilateral 
                            Investment Fund

    For payment to the Enterprise for the Americas Multilateral 
Investment Fund by the Secretary of the Treasury, for the United States 
contribution to the fund, $25,000,000, to remain available until 
expended.


                contribution to the asian development fund

    For the United States contribution by the Secretary of the Treasury 
to the increase in resources of the Asian Development Fund, as 
authorized by the Asian Development Bank Act, as amended, $105,000,000, 
to remain available until expended.


               contribution to the african development fund

    For the United States contribution by the Secretary of the Treasury 
to the increase in resources of the African Development Fund, 
$150,000,000, to remain available until expended.

  contribution to the international fund for agricultural development

    For the United States contribution by the Secretary of the Treasury 
to increase the resources of the International Fund for Agricultural 
Development, $18,000,000, to remain available until expended.

                                TITLE VI

                    EXPORT AND INVESTMENT ASSISTANCE

                Export-Import Bank of the United States


                            INSPECTOR GENERAL

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $2,500,000, to remain available until September 30, 2010.


                             program account

    The Export-Import Bank of the United States is authorized to make 
such expenditures within the limits of funds and borrowing authority 
available to such corporation, and in accordance with law, and to make 
such contracts and commitments without regard to fiscal year 
limitations, as provided by section 104 of the Government Corporation 
Control Act, as may be necessary in carrying out the program for the 
current fiscal year for such corporation: Provided, That none of the 
funds available during the current fiscal year may be used to make 
expenditures, contracts, or commitments for the export of nuclear 
equipment, fuel, or technology to any country, other than a nuclear-
weapon state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or 
military assistance under this Act, that has detonated a nuclear 
explosive after the date of the enactment of this Act: Provided 
further, That notwithstanding section 1(c) of Public Law 103-428, as 
amended, sections 1(a) and (b) of Public Law 103-428 shall remain in 
effect through October 1, 2009: Provided further, That not less than 10 
percent of the aggregate loan, guarantee, and insurance authority 
available to the Export-Import Bank under this Act should be used for 
renewable energy technologies or energy efficient end-use technologies.

                         subsidy appropriation

    For the cost of direct loans, loan guarantees, insurance, and tied-
aid grants as authorized by section 10 of the Export-Import Bank Act of 
1945, as amended, not to exceed $41,000,000: 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 such funds shall remain available until September 30, 2024, for 
the disbursement of direct loans, loan guarantees, insurance and tied-
aid grants obligated in fiscal years 2009, 2010, 2011, and 2012: 
Provided further, That none of the funds appropriated by this Act or 
any prior Acts appropriating funds for the Department of State, foreign 
operations, and related programs for tied-aid credits or grants may be 
used for any other purpose except through the regular notification 
procedures of the Committees on Appropriations: Provided further, That 
funds appropriated by this paragraph are made available notwithstanding 
section 2(b)(2) of the Export-Import Bank Act of 1945, in connection 
with the purchase or lease of any product by any Eastern European 
country, any Baltic State or any agency or national thereof.


                         administrative expenses

    For administrative expenses to carry out the direct and guaranteed 
loan and insurance programs, including hire of passenger motor vehicles 
and services as authorized by 5 U.S.C. 3109, and not to exceed $30,000 
for official reception and representation expenses for members of the 
Board of Directors, not to exceed $81,500,000: Provided, That the 
Export-Import Bank may accept, and use, payment or services provided by 
transaction participants for legal, financial, or technical services in 
connection with any transaction for which an application for a loan, 
guarantee or insurance commitment has been made: Provided further, That 
notwithstanding subsection (b) of section 117 of the Export Enhancement 
Act of 1992, subsection (a) thereof shall remain in effect until 
October 1, 2009.

                           receipts collected

    Receipts collected pursuant to the Export-Import Bank Act of 1945, 
as amended, and the Federal Credit Reform Act of 1990, as amended, in 
an amount not to exceed the amount appropriated herein, shall be 
credited as offsetting collections to this account: Provided, That the 
sums herein appropriated from the General Fund shall be reduced on a 
dollar-for-dollar basis by such offsetting collections so as to result 
in a final fiscal year appropriation from the General Fund estimated at 
$0: Provided further, That of amounts collected in fiscal year 2009 in 
excess of obligations, up to $75,000,000, shall become available on 
September 1, 2009 and shall remain available until September 30, 2012.

                Overseas Private Investment Corporation


                            noncredit account

    The Overseas Private Investment Corporation is authorized to make, 
without regard to fiscal year limitations, as provided by 31 U.S.C. 
9104, such expenditures and commitments within the limits of funds 
available to it and in accordance with law as may be necessary: 
Provided, That the amount available for administrative expenses to 
carry out the credit and insurance programs (including an amount for 
official reception and representation expenses which shall not exceed 
$35,000) shall not exceed $50,600,000: Provided further, That project-
specific transaction costs, including direct and indirect costs 
incurred in claims settlements, and other direct costs associated with 
services provided to specific investors or potential investors pursuant 
to section 234 of the Foreign Assistance Act of 1961, shall not be 
considered administrative expenses for the purposes of this heading.


                             program account

    For the cost of direct and guaranteed loans, $29,000,000, as 
authorized by section 234 of the Foreign Assistance Act of 1961, to be 
derived by transfer from the Overseas Private Investment Corporation 
Noncredit Account: 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 such sums 
shall be available for direct loan obligations and loan guaranty 
commitments incurred or made during fiscal years 2009, 2010, and 2011: 
Provided further, That funds so obligated in fiscal year 2009 remain 
available for disbursement through 2017; funds obligated in fiscal year 
2010 remain available for disbursement through 2018; and funds 
obligated in fiscal year 2011 remain available for disbursement through 
2019: Provided further, That notwithstanding any other provision of 
law, the Overseas Private Investment Corporation is authorized to 
undertake any program authorized by title IV of the Foreign Assistance 
Act of 1961 in Iraq: Provided further, That funds made available 
pursuant to the authority of the previous proviso shall be subject to 
the regular notification procedures of the Committees on 
Appropriations.
    In addition, such sums as may be necessary for administrative 
expenses to carry out the credit program may be derived from amounts 
available for administrative expenses to carry out the credit and 
insurance programs in the Overseas Private Investment Corporation 
Noncredit Account and merged with said account.

                  Funds Appropriated to the President


                       trade and development agency

    For necessary expenses to carry out the provisions of section 661 
of the Foreign Assistance Act of 1961, $50,800,000, to remain available 
until September 30, 2010.

                               TITLE VII

                           GENERAL PROVISIONS

                      allowances and differentials

    Sec. 7001. Funds appropriated under title I of this Act shall be 
available, except as otherwise provided, for allowances and 
differentials as authorized by subchapter 59 of title 5, United States 
Code; for services as authorized by 5 U.S.C. 3109; and for hire of 
passenger transportation pursuant to 31 U.S.C. 1343(b).


                       unobligated balances report

    Sec. 7002. Any Department or Agency to which funds are appropriated 
or otherwise made available by this Act shall provide to the Committees 
on Appropriations a quarterly accounting of cumulative balances by 
program, project, and activity of the funds received by such Department 
or Agency in this fiscal year or any previous fiscal year that remain 
unobligated and unexpended.


                           consulting services

    Sec. 7003. The expenditure of any appropriation under title I of 
this Act for any consulting service through procurement contract, 
pursuant to 5 U.S.C. 3109, shall be limited to those contracts where 
such expenditures are a matter of public record and available for 
public inspection, except where otherwise provided under existing law, 
or under existing Executive order issued pursuant to existing law.

                          embassy construction

    Sec. 7004. (a) Of funds provided under title I of this Act, except 
as provided in subsection (b), a project to construct a diplomatic 
facility of the United States may not include office space or other 
accommodations for an employee of a Federal agency or department if the 
Secretary of State determines that such department or agency has not 
provided to the Department of State the full amount of funding required 
by subsection (e) of section 604 of the Secure Embassy Construction and 
Counterterrorism Act of 1999 (as enacted into law by section 1000(a)(7) 
of Public Law 106-113 and contained in appendix G of that Act; 113 
Stat. 1501A-453), as amended by section 629 of the Departments of 
Commerce, Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, 2005.
    (b) Notwithstanding the prohibition in subsection (a), a project to 
construct a diplomatic facility of the United States may include office 
space or other accommodations for members of the United States Marine 
Corps.


                            Personnel Actions

    Sec. 7005. Any costs incurred by a department or agency funded 
under title I of this Act resulting from personnel actions taken in 
response to funding reductions included in this Act shall be absorbed 
within the total budgetary resources available under title I to such 
department or agency: Provided, That the authority to transfer funds 
between appropriations accounts as may be necessary to carry out this 
section is provided in addition to authorities included elsewhere in 
this Act: Provided further, That use of funds to carry out this section 
shall be treated as a reprogramming of funds under section 7015 of this 
Act and shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.


                         CONSULAR AFFAIRS REFORM

    Sec. 7006. Not later than 60 days after the enactment of this Act 
the Secretary of State shall certify and report to the Committees on 
Appropriations that the Department of State is implementing 
recommendations contained in the Office of Inspector General audit 
``Review of Controls and Notification for Access to Passport Records in 
the Department of State's Passport Information Electronic Records 
System (PIERS)'' (AUD/IP-08-29), July 2008.

        prohibition against direct funding for certain countries

    Sec. 7007. None of the funds appropriated or otherwise made 
available pursuant to titles III through VI of this Act shall be 
obligated or expended to finance directly any assistance or reparations 
for the governments of Cuba, North Korea, Iran, or Syria: Provided, 
That for purposes of this section, the prohibition on obligations or 
expenditures shall include direct loans, credits, insurance and 
guarantees of the Export-Import Bank or its agents.


                              military coups

    Sec. 7008. None of the funds appropriated or otherwise made 
available pursuant to titles III through VI of this Act shall be 
obligated or expended to finance directly any assistance to the 
government of any country whose duly elected head of government is 
deposed by military coup or decree: Provided, That assistance may be 
resumed to such government if the President determines and certifies to 
the Committees on Appropriations that subsequent to the termination of 
assistance a democratically elected government has taken office: 
Provided further, That the provisions of this section shall not apply 
to assistance to promote democratic elections or public participation 
in democratic processes: Provided further, That funds made available 
pursuant to the previous provisos shall be subject to the regular 
notification procedures of the Committees on Appropriations.


                            transfer authority

    Sec. 7009. (a) Department of State and Broadcasting Board of 
Governors.--Not to exceed 5 percent of any appropriation made available 
for the current fiscal year for the Department of State under title I 
of this Act may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 10 percent by any such transfers: Provided, That 
not to exceed 5 percent of any appropriation made available for the 
current fiscal year for the Broadcasting Board of Governors under title 
I of this Act may be transferred between such appropriations, but no 
such appropriation, except as otherwise specifically provided, shall be 
increased by more than 10 percent by any such transfers: Provided 
further, That any transfer pursuant to this section shall be treated as 
a reprogramming of funds under section 7015(a) and (b) of this Act and 
shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.
    (b) Export Financing Transfer Authorities.--Not to exceed 5 percent 
of any appropriation other than for administrative expenses made 
available for fiscal year 2009, for programs under title VI of this Act 
may be transferred between such appropriations for use for any of the 
purposes, programs, and activities for which the funds in such 
receiving account may be used, but no such appropriation, except as 
otherwise specifically provided, shall be increased by more than 25 
percent by any such transfer: Provided, That the exercise of such 
authority shall be subject to the regular notification procedures of 
the Committees on Appropriations.
    (c)(1) Limitation on Transfers Between Agencies.--None of the funds 
made available under titles II through V of 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 Act or any other appropriation Act.
    (2) Notwithstanding paragraph (1), in addition to transfers made 
by, or authorized elsewhere in, this Act, funds appropriated by this 
Act to carry out the purposes of the Foreign Assistance Act of 1961 may 
be allocated or transferred to agencies of the United States Government 
pursuant to the provisions of sections 109, 610, and 632 of the Foreign 
Assistance Act of 1961.
    (d) Transfers Between Accounts.--None of the funds made available 
under titles II through V of this Act may be obligated under an 
appropriation account to which they were not appropriated, except for 
transfers specifically provided for in this Act, unless the President 
provides notification in accordance with the regular notification 
procedures of the Committees on Appropriations.
    (e) Audit of Inter-Agency Transfers.--Any agreement for the 
transfer or allocation of funds appropriated by this Act, or prior 
Acts, entered into between the United States Agency for International 
Development and another agency of the United States Government under 
the authority of section 632(a) of the Foreign Assistance Act of 1961 
or any comparable provision of law, shall expressly provide that the 
Office of the Inspector General for the agency receiving the transfer 
or allocation of such funds shall perform periodic program and 
financial audits of the use of such funds: Provided, That funds 
transferred under such authority may be made available for the cost of 
such audits.


                          reporting requirement

    Sec. 7010. The Secretary of State shall provide the Committees on 
Appropriations, not later than April 1, 2009, and for each fiscal 
quarter, a report in writing on the uses of funds made available under 
the headings ``Foreign Military Financing Program'', ``International 
Military Education and Training'', and ``Peacekeeping Operations'': 
Provided, That such report shall include a description of the 
obligation and expenditure of funds, and the specific country in 
receipt of, and the use or purpose of the assistance provided by such 
funds.


                          availability of funds

    Sec. 7011. No part of any appropriation contained in this Act shall 
remain available for obligation after the expiration of the current 
fiscal year unless expressly so provided in this Act: Provided, That 
funds appropriated for the purposes of chapters 1, 8, 11, and 12 of 
part I, section 661, section 667, chapters 4, 5, 6, 8, and 9 of part II 
of the Foreign Assistance Act of 1961, section 23 of the Arms Export 
Control Act, and funds provided under the headings ``Assistance for 
Europe, Eurasia and Central Asia'' and ``Development Credit 
Authority'', shall remain available for an additional 4 years from the 
date on which the availability of such funds would otherwise have 
expired, if such funds are initially obligated before the expiration of 
their respective periods of availability contained in this Act: 
Provided further, That, notwithstanding any other provision of this 
Act, any funds made available for the purposes of chapter 1 of part I 
and chapter 4 of part II of the Foreign Assistance Act of 1961 which 
are allocated or obligated for cash disbursements in order to address 
balance of payments or economic policy reform objectives, shall remain 
available until expended.


             limitation on assistance to countries in default

    Sec. 7012. No part of any appropriation provided under titles III 
through VI in this Act shall be used to furnish assistance to the 
government of any country which is in default during a period in excess 
of one calendar year in payment to the United States of principal or 
interest on any loan made to the government of such country by the 
United States pursuant to a program for which funds are appropriated 
under this Act unless the President determines, following consultations 
with the Committees on Appropriations, that assistance to such country 
is in the national interest of the United States.


           prohibition on taxation of united states assistance

    Sec. 7013. (a) Prohibition on Taxation.--None of the funds 
appropriated under titles III through VI of this Act may be made 
available to provide assistance for a foreign country under a new 
bilateral agreement governing the terms and conditions under which such 
assistance is to be provided unless such agreement includes a provision 
stating that assistance provided by the United States shall be exempt 
from taxation, or reimbursed, by the foreign government, and the 
Secretary of State shall expeditiously seek to negotiate amendments to 
existing bilateral agreements, as necessary, to conform with this 
requirement.
    (b) Reimbursement of Foreign Taxes.--An amount equivalent to 200 
percent of the total taxes assessed during fiscal year 2009 on funds 
appropriated by this Act by a foreign government or entity against 
commodities financed under United States assistance programs for which 
funds are appropriated by this Act, either directly or through 
grantees, contractors and subcontractors shall be withheld from 
obligation from funds appropriated for assistance for fiscal year 2010 
and allocated for the central government of such country and for the 
West Bank and Gaza program to the extent that the Secretary of State 
certifies and reports in writing to the Committees on Appropriations 
that such taxes have not been reimbursed to the Government of the 
United States.
    (c) De Minimis Exception.--Foreign taxes of a de minimis nature 
shall not be subject to the provisions of subsection (b).
    (d) Reprogramming of Funds.--Funds withheld from obligation for 
each country or entity pursuant to subsection (b) shall be reprogrammed 
for assistance to countries which do not assess taxes on United States 
assistance or which have an effective arrangement that is providing 
substantial reimbursement of such taxes.
    (e) Determinations.--
        (1) The provisions of this section shall not apply to any 
    country or entity the Secretary of State determines--
            (A) does not assess taxes on United States assistance or 
        which has an effective arrangement that is providing 
        substantial reimbursement of such taxes; or
            (B) the foreign policy interests of the United States 
        outweigh the purpose of this section to ensure that United 
        States assistance is not subject to taxation.
        (2) The Secretary of State shall consult with the Committees on 
    Appropriations at least 15 days prior to exercising the authority 
    of this subsection with regard to any country or entity.
    (f) Implementation.--The Secretary of State shall issue rules, 
regulations, or policy guidance, as appropriate, to implement the 
prohibition against the taxation of assistance contained in this 
section.
    (g) Definitions.--As used in this section--
        (1) the terms ``taxes'' and ``taxation'' refer to value added 
    taxes and customs duties imposed on commodities financed with 
    United States assistance for programs for which funds are 
    appropriated by this Act; and
        (2) the term ``bilateral agreement'' refers to a framework 
    bilateral agreement between the Government of the United States and 
    the government of the country receiving assistance that describes 
    the privileges and immunities applicable to United States foreign 
    assistance for such country generally, or an individual agreement 
    between the Government of the United States and such government 
    that describes, among other things, the treatment for tax purposes 
    that will be accorded the United States assistance provided under 
    that agreement.

                         reservations of funds

    Sec. 7014. (a) Funds appropriated under titles II through VI of 
this Act which are specifically designated may be reprogrammed for 
other programs within the same account notwithstanding the designation 
if compliance with the designation is made impossible by operation of 
any provision of this or any other Act: Provided, That any such 
reprogramming shall be subject to the regular notification procedures 
of the Committees on Appropriations: Provided further, That assistance 
that is reprogrammed pursuant to this subsection shall be made 
available under the same terms and conditions as originally provided.
    (b) In addition to the authority contained in subsection (a), the 
original period of availability of funds appropriated by this Act and 
administered by the United States Agency for International Development 
that are specifically designated for particular programs or activities 
by this or any other Act shall be extended for an additional fiscal 
year if the Administrator of such agency determines and reports 
promptly to the Committees on Appropriations that the termination of 
assistance to a country or a significant change in circumstances makes 
it unlikely that such designated funds can be obligated during the 
original period of availability: Provided, That such designated funds 
that continue to be available for an additional fiscal year shall be 
obligated only for the purpose of such designation.
    (c) Ceilings and specifically designated funding levels contained 
in this Act shall not be applicable to funds or authorities 
appropriated or otherwise made available by any subsequent Act unless 
such Act specifically so directs: Provided, That specifically 
designated funding levels or minimum funding requirements contained in 
any other Act shall not be applicable to funds appropriated by this 
Act.


                 reprogramming notification requirements

    Sec. 7015. (a) None of the funds made available in title I of this 
Act, or in prior appropriations Acts to the agencies and departments 
funded by this Act 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 of currency 
reflows or other offsetting collections, or made available by transfer, 
to the agencies and departments funded by this Act, shall be available 
for obligation or expenditure through a reprogramming of funds that: 
(1) creates new programs; (2) eliminates a program, project, or 
activity; (3) increases funds or personnel by any means for any project 
or activity for which funds have been denied or restricted; (4) 
relocates an office or employees; (5) closes or opens a mission or 
post; (6) reorganizes or renames offices; (7) reorganizes programs or 
activities; or (8) contracts out or privatizes any functions or 
activities presently performed by Federal employees; unless the 
Committees on Appropriations are notified 15 days in advance of such 
reprogramming of funds.
    (b) For the purposes of providing the executive branch with the 
necessary administrative flexibility, none of the funds provided under 
title I of this Act, or provided under previous appropriations Acts to 
the agency or department funded under title I of this Act 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 agency or department funded 
by title I of this Act, shall be available for obligation or 
expenditure for activities, programs, or projects through a 
reprogramming of funds in excess of $750,000 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 
Congress; or (3) results from any general savings, including savings 
from a reduction in personnel, which would result in a change in 
existing programs, activities, or projects as approved by Congress; 
unless the Committees on Appropriations are notified 15 days in advance 
of such reprogramming of funds.
    (c) For the purposes of providing the executive branch with the 
necessary administrative flexibility, none of the funds made available 
under titles II through V in this Act under the headings ``Global 
Health and Child Survival'', ``Development Assistance'', 
``International Organizations and Programs'', ``Trade and Development 
Agency'', ``International Narcotics Control and Law Enforcement'', 
``Andean Counterdrug Programs'', ``Assistance for Europe, Eurasia and 
Central Asia'', ``Economic Support Fund'', ``Democracy Fund'', 
``Peacekeeping Operations'', ``Capital Investment Fund'', ``Operating 
Expenses'', ``Office of Inspector General'', ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'', ``Millennium Challenge 
Corporation'', ``Foreign Military Financing Program'', ``International 
Military Education and Training'', ``Peace Corps'', and ``Migration and 
Refugee Assistance'', shall be available for obligation for activities, 
programs, projects, type of materiel assistance, countries, or other 
operations not justified or in excess of the amount justified to the 
Committees on Appropriations for obligation under any of these specific 
headings unless the Committees on Appropriations are previously 
notified 15 days in advance: Provided, That the President shall not 
enter into any commitment of funds appropriated for the purposes of 
section 23 of the Arms Export Control Act for the provision of major 
defense equipment, other than conventional ammunition, or other major 
defense items defined to be aircraft, ships, missiles, or combat 
vehicles, not previously justified to Congress or 20 percent in excess 
of the quantities justified to Congress unless the Committees on 
Appropriations are notified 15 days in advance of such commitment: 
Provided further, That this subsection shall not apply to any 
reprogramming for an activity, program, or project for which funds are 
appropriated under titles II through IV of this Act of less than 10 
percent of the amount previously justified to the Congress for 
obligation for such activity, program, or project for the current 
fiscal year.
    (d) Notwithstanding any other provision of law, funds transferred 
by the Department of Defense to the Department of State and the United 
States Agency for International Development, and funds made available 
for programs authorized by section 1206 of the National Defense 
Authorization Act for Fiscal Year 2006 (Public Law 109-163), shall be 
subject to the regular notification procedures of the Committees on 
Appropriations, and the agency receiving the transfer or allocation 
shall perform periodic program financial audits of the use of such 
funds and such funds may be made available for the cost of such audits.
    (e) The requirements of this section or any similar provision of 
this Act or any other Act, including any prior Act requiring 
notification in accordance with the regular notification procedures of 
the Committees on Appropriations, may be waived if failure to do so 
would pose a substantial risk to human health or welfare: Provided, 
That in case of any such waiver, notification to the Congress, or the 
appropriate congressional committees, shall be provided as early as 
practicable, but in no event later than 3 days after taking the action 
to which such notification requirement was applicable, in the context 
of the circumstances necessitating such waiver: Provided further, That 
any notification provided pursuant to such a waiver shall contain an 
explanation of the emergency circumstances.
    (f) None of the funds appropriated under titles III through VI of 
this Act shall be obligated or expended for assistance for Serbia, 
Sudan, Zimbabwe, Pakistan, Dominican Republic, Cuba, Iran, Haiti, 
Libya, Ethiopia, Nepal, Mexico, or Cambodia and countries listed in 
section 7045(f)(4) of this Act except as provided through the regular 
notification procedures of the Committees on Appropriations.


                 notification on excess defense equipment

    Sec. 7016. Prior to providing excess Department of Defense articles 
in accordance with section 516(a) of the Foreign Assistance Act of 
1961, the Department of Defense shall notify the Committees on 
Appropriations to the same extent and under the same conditions as 
other committees pursuant to subsection (f) of that section: Provided, 
That before issuing a letter of offer to sell excess defense articles 
under the Arms Export Control Act, the Department of Defense shall 
notify the Committees on Appropriations in accordance with the regular 
notification procedures of such Committees if such defense articles are 
significant military equipment (as defined in section 47(9) of the Arms 
Export Control Act) or are valued (in terms of original acquisition 
cost) at $7,000,000 or more, or if notification is required elsewhere 
in this Act for the use of appropriated funds for specific countries 
that would receive such excess defense articles: Provided further, That 
such Committees shall also be informed of the original acquisition cost 
of such defense articles.

limitation on availability of funds for international organizations and 
                                programs

    Sec. 7017. Subject to the regular notification procedures of the 
Committees on Appropriations, funds appropriated under titles III 
through VI of this Act or any previously enacted Act making 
appropriations for the Department of State, foreign operations, and 
related programs, which are returned or not made available for 
organizations and programs because of the implementation of section 
307(a) of the Foreign Assistance Act of 1961, shall remain available 
for obligation until September 30, 2010.

   prohibition on funding for abortions and involuntary sterilization

    Sec. 7018. None of the funds made available to carry out part I of 
the Foreign Assistance Act of 1961, as amended, may be used to pay for 
the performance of abortions as a method of family planning or to 
motivate or coerce any person to practice abortions. None of the funds 
made available to carry out part I of the Foreign Assistance Act of 
1961, as amended, may be used to pay for the performance of involuntary 
sterilization as a method of family planning or to coerce or provide 
any financial incentive to any person to undergo sterilizations. None 
of the funds made available to carry out part I of the Foreign 
Assistance Act of 1961, as amended, may be used to pay for any 
biomedical research which relates in whole or in part, to methods of, 
or the performance of, abortions or involuntary sterilization as a 
means of family planning. None of the funds made available to carry out 
part I of the Foreign Assistance Act of 1961, as amended, may be 
obligated or expended for any country or organization if the President 
certifies that the use of these funds by any such country or 
organization would violate any of the above provisions related to 
abortions and involuntary sterilizations.


                               allocations

    Sec. 7019. (a) Funds provided in this Act for the following 
accounts shall be made available for programs and countries in the 
amounts contained in the respective tables included in the explanatory 
statement described in section 4 (in the matter preceding division A of 
this consolidated Act):
        ``Educational and Cultural Exchange Programs''.
        ``International Fisheries Commissions''.
        ``International Broadcasting Operations''.
        ``Global Health and Child Survival''.
        ``Development Assistance''.
        ``Economic Support Fund''.
        ``Assistance for Europe, Eurasia and Central Asia''.
        ``Andean Counterdrug Programs''.
        ``Nonproliferation, Anti-terrorism, Demining and Related 
    Programs''.
        ``Foreign Military Financing Program''.
        ``International Organizations and Programs''.
    (b) For the purposes of implementing this section and only with 
respect to the tables included in the explanatory statement described 
in section 4 (in the matter preceding division A of this consolidated 
Act), the Secretary of State, Administrator of the United States Agency 
for International Development and the Broadcasting Board of Governors, 
as appropriate, may propose deviations to the amounts referenced in 
subsection (a), subject to the regular notification procedures of the 
Committees on Appropriations and section 634A of the Foreign Assistance 
Act of 1961.
    (c) The requirements contained in subsection (a) shall apply to the 
table under the headings ``Bilateral Economic Assistance'' and 
``General Provisions'' in such explanatory statement.


                prohibition of payment of certain expenses

    Sec. 7020. None of the funds appropriated or otherwise made 
available by this Act under the headings ``International Military 
Education and Training'' or ``Foreign Military Financing Program'' for 
Informational Program activities or under the headings ``Global Health 
and Child Survival'', ``Development Assistance'', and ``Economic 
Support Fund'' may be obligated or expended to pay for--
        (1) alcoholic beverages; or
        (2) entertainment expenses for activities that are 
    substantially of a recreational character, including but not 
    limited to entrance fees at sporting events, theatrical and musical 
    productions, and amusement parks.

  prohibition on assistance to foreign governments that export lethal 
   military equipment to countries supporting international terrorism

    Sec. 7021. (a) None of the funds appropriated or otherwise made 
available by titles III through VI of this Act may be available to any 
foreign government which provides lethal military equipment to a 
country the government of which the Secretary of State has determined 
is a government that supports international terrorism for purposes of 
section 6(j) of the Export Administration Act of 1979. The prohibition 
under this section with respect to a foreign government shall terminate 
12 months after that government ceases to provide such military 
equipment. This section applies with respect to lethal military 
equipment provided under a contract entered into after October 1, 1997.
    (b) Assistance restricted by subsection (a) or any other similar 
provision of law, may be furnished if the President determines that 
furnishing such assistance is important to the national interests of 
the United States.
    (c) Whenever the President makes a determination pursuant to 
subsection (b), the President shall submit to the appropriate 
congressional committees a report with respect to the furnishing of 
such assistance. Any such report shall include a detailed explanation 
of the assistance to be provided, including the estimated dollar amount 
of such assistance, and an explanation of how the assistance furthers 
United States national interests.


        prohibition on bilateral assistance to terrorist countries

    Sec. 7022. (a) Funds appropriated for bilateral assistance under 
any heading in titles III through VI of this Act and funds appropriated 
under any such heading in a provision of law enacted prior to the 
enactment of this Act, shall not be made available to any country which 
the President determines--
        (1) grants sanctuary from prosecution to any individual or 
    group which has committed an act of international terrorism; or
        (2) otherwise supports international terrorism.
    (b) The President may waive the application of subsection (a) to a 
country if the President determines that national security or 
humanitarian reasons justify such waiver. The President shall publish 
each waiver in the Federal Register and, at least 15 days before the 
waiver takes effect, shall notify the Committees on Appropriations of 
the waiver (including the justification for the waiver) in accordance 
with the regular notification procedures of the Committees on 
Appropriations.

                       authorization requirements

    Sec. 7023. Funds appropriated by this Act, except funds 
appropriated under the heading ``Trade and Development Agency'', may be 
obligated and expended notwithstanding section 10 of Public Law 91-672, 
section 15 of the State Department Basic Authorities Act of 1956, 
section 313 of the Foreign Relations Authorization Act, Fiscal Years 
1994 and 1995 (Public Law 103-236), and section 504(a)(1) of the 
National Security Act of 1947 (50 U.S.C. 414(a)(1)).


               definition of program, project, and activity

    Sec. 7024. For the purpose of titles II through VI of this Act 
``program, project, and activity'' shall be defined at the 
appropriations Act account level and shall include all appropriations 
and authorizations Acts funding directives, ceilings, and limitations 
with the exception that for the following accounts: ``Economic Support 
Fund'' and ``Foreign Military Financing Program'', ``program, project, 
and activity'' shall also be considered to include country, regional, 
and central program level funding within each such account; for the 
development assistance accounts of the United States Agency for 
International Development ``program, project, and activity'' shall also 
be considered to include central, country, regional, and program level 
funding, either as: (1) justified to the Congress; or (2) allocated by 
the executive branch in accordance with a report, to be provided to the 
Committees on Appropriations within 30 days of the enactment of this 
Act, as required by section 653(a) of the Foreign Assistance Act of 
1961.


     authorities for the peace corps, inter-american foundation and 
                     african development foundation

    Sec. 7025. Unless expressly provided to the contrary, provisions of 
this or any other Act, including provisions contained in prior Acts 
authorizing or making appropriations for the Department of State, 
foreign operations, and related programs, shall not be construed to 
prohibit activities authorized by or conducted under the Peace Corps 
Act, the Inter-American Foundation Act or the African Development 
Foundation Act. The agency shall promptly report to the Committees on 
Appropriations whenever it is conducting activities or is proposing to 
conduct activities in a country for which assistance is prohibited.

                commerce, trade and surplus commodities

    Sec. 7026. (a) None of the funds appropriated or made available 
pursuant to titles III through VI of this Act for direct assistance and 
none of the funds otherwise made available to the Export-Import Bank 
and the Overseas Private Investment Corporation shall be obligated or 
expended to finance any loan, any assistance or any other financial 
commitments for establishing or expanding production of any commodity 
for export by any country other than the United States, if the 
commodity is likely to be in surplus on world markets at the time the 
resulting productive capacity is expected to become operative and if 
the assistance will cause substantial injury to United States producers 
of the same, similar, or competing commodity: Provided, That such 
prohibition shall not apply to the Export-Import Bank if in the 
judgment of its Board of Directors the benefits to industry and 
employment in the United States are likely to outweigh the injury to 
United States producers of the same, similar, or competing commodity, 
and the Chairman of the Board so notifies the Committees on 
Appropriations.
    (b) None of the funds appropriated by this or any other Act to 
carry out chapter 1 of part I of the Foreign Assistance Act of 1961 
shall be available for any testing or breeding feasibility study, 
variety improvement or introduction, consultancy, publication, 
conference, or training in connection with the growth or production in 
a foreign country of an agricultural commodity for export which would 
compete with a similar commodity grown or produced in the United 
States: Provided, That this subsection shall not prohibit--
        (1) activities designed to increase food security in developing 
    countries where such activities will not have a significant impact 
    on the export of agricultural commodities of the United States; or
        (2) research activities intended primarily to benefit American 
    producers.
    (c) The Secretary of the Treasury shall instruct the United States 
Executive Directors of the International Bank for Reconstruction and 
Development, the International Development Association, the 
International Finance Corporation, the Inter-American Development Bank, 
the International Monetary Fund, the Asian Development Bank, the Inter-
American Investment Corporation, the North American Development Bank, 
the European Bank for Reconstruction and Development, the African 
Development Bank, and the African Development Fund to use the voice and 
vote of the United States to oppose any assistance by these 
institutions, using funds appropriated or made available pursuant to 
titles III through VI of this Act, for the production or extraction of 
any commodity or mineral for export, if it is in surplus on world 
markets and if the assistance will cause substantial injury to United 
States producers of the same, similar, or competing commodity.


                            separate accounts

    Sec. 7027. (a) Separate Accounts for Local Currencies.--
        (1) If assistance is furnished to the government of a foreign 
    country under chapters 1 and 10 of part I or chapter 4 of part II 
    of the Foreign Assistance Act of 1961 under agreements which result 
    in the generation of local currencies of that country, the 
    Administrator of the United States Agency for International 
    Development shall--
            (A) require that local currencies be deposited in a 
        separate account established by that government;
            (B) enter into an agreement with that government which sets 
        forth--
                (i) the amount of the local currencies to be generated; 
            and
                (ii) the terms and conditions under which the 
            currencies so deposited may be utilized, consistent with 
            this section; and
            (C) establish by agreement with that government the 
        responsibilities of the United States Agency for International 
        Development and that government to monitor and account for 
        deposits into and disbursements from the separate account.
        (2) Uses of local currencies.--As may be agreed upon with the 
    foreign government, local currencies deposited in a separate 
    account pursuant to subsection (a), or an equivalent amount of 
    local currencies, shall be used only--
            (A) to carry out chapter 1 or 10 of part I or chapter 4 of 
        part II (as the case may be), for such purposes as--
                (i) project and sector assistance activities; or
                (ii) debt and deficit financing; or
            (B) for the administrative requirements of the United 
        States Government.
        (3) Programming accountability.--The United States Agency for 
    International Development shall take all necessary steps to ensure 
    that the equivalent of the local currencies disbursed pursuant to 
    subsection (a)(2)(A) from the separate account established pursuant 
    to subsection (a)(1) are used for the purposes agreed upon pursuant 
    to subsection (a)(2).
        (4) Termination of assistance programs.--Upon termination of 
    assistance to a country under chapter 1 or 10 of part I or chapter 
    4 of part II (as the case may be), any unencumbered balances of 
    funds which remain in a separate account established pursuant to 
    subsection (a) shall be disposed of for such purposes as may be 
    agreed to by the government of that country and the United States 
    Government.
        (5) Reporting requirement.--The Administrator of the United 
    States Agency for International Development shall report on an 
    annual basis as part of the justification documents submitted to 
    the Committees on Appropriations on the use of local currencies for 
    the administrative requirements of the United States Government as 
    authorized in subsection (a)(2)(B), and such report shall include 
    the amount of local currency (and United States dollar equivalent) 
    used and/or to be used for such purpose in each applicable country.
    (b) Separate Accounts for Cash Transfers.--
        (1) If assistance is made available to the government of a 
    foreign country, under chapter 1 or 10 of part I or chapter 4 of 
    part II of the Foreign Assistance Act of 1961, as cash transfer 
    assistance or as nonproject sector assistance, that country shall 
    be required to maintain such funds in a separate account and not 
    commingle them with any other funds.
        (2) Applicability of other provisions of law.--Such funds may 
    be obligated and expended notwithstanding provisions of law which 
    are inconsistent with the nature of this assistance including 
    provisions which are referenced in the Joint Explanatory Statement 
    of the Committee of Conference accompanying House Joint Resolution 
    648 (House Report No. 98-1159).
        (3) Notification.--At least 15 days prior to obligating any 
    such cash transfer or nonproject sector assistance, the President 
    shall submit a notification through the regular notification 
    procedures of the Committees on Appropriations, which shall include 
    a detailed description of how the funds proposed to be made 
    available will be used, with a discussion of the United States 
    interests that will be served by the assistance (including, as 
    appropriate, a description of the economic policy reforms that will 
    be promoted by such assistance).
        (4) Exemption.--Nonproject sector assistance funds may be 
    exempt from the requirements of subsection (b)(1) only through the 
    notification procedures of the Committees on Appropriations.


                        eligibility for assistance

    Sec. 7028. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to 
assistance for a country shall not be construed to restrict assistance 
in support of programs of nongovernmental organizations from funds 
appropriated by this Act to carry out the provisions of chapters 1, 10, 
11, and 12 of part I and chapter 4 of part II of the Foreign Assistance 
Act of 1961, and from funds appropriated under the heading ``Assistance 
for Europe, Eurasia and Central Asia'': Provided, That before using the 
authority of this subsection to furnish assistance in support of 
programs of nongovernmental organizations, the President shall notify 
the Committees on Appropriations under the regular notification 
procedures of those committees, including a description of the program 
to be assisted, the assistance to be provided, and the reasons for 
furnishing such assistance: Provided further, That nothing in this 
subsection shall be construed to alter any existing statutory 
prohibitions against abortion or involuntary sterilizations contained 
in this or any other Act.
    (b) Public Law 480.--During fiscal year 2009, restrictions 
contained in this or any other Act with respect to assistance for a 
country shall not be construed to restrict assistance under the 
Agricultural Trade Development and Assistance Act of 1954: Provided, 
That none of the funds appropriated to carry out title I of such Act 
and made available pursuant to this subsection may be obligated or 
expended except as provided through the regular notification procedures 
of the Committees on Appropriations.
    (c) Exception.--This section shall not apply--
        (1) with respect to section 620A of the Foreign Assistance Act 
    of 1961 or any comparable provision of law prohibiting assistance 
    to countries that support international terrorism; or
        (2) with respect to section 116 of the Foreign Assistance Act 
    of 1961 or any comparable provision of law prohibiting assistance 
    to the government of a country that violates internationally 
    recognized human rights.

                  impact on jobs in the united states

    Sec. 7029. None of the funds appropriated under titles III through 
VI of this Act may be obligated or expended to provide--
        (1) any financial incentive to a business enterprise currently 
    located in the United States for the purpose of inducing such an 
    enterprise to relocate outside the United States if such incentive 
    or inducement is likely to reduce the number of employees of such 
    business enterprise in the United States because United States 
    production is being replaced by such enterprise outside the United 
    States; or
        (2) assistance for any program, project, or activity that 
    contributes to the violation of internationally recognized workers 
    rights, as defined in section 507(4) of the Trade Act of 1974, of 
    workers in the recipient country, including any designated zone or 
    area in that country: Provided, That the application of section 
    507(4)(D) and (E) of such Act should be commensurate with the level 
    of development of the recipient country and sector, and shall not 
    preclude assistance for the informal sector in such country, micro 
    and small-scale enterprise, and smallholder agriculture.

                  international financial institutions

    Sec. 7030. (a) None of the funds appropriated in title V of this 
Act may be made as payment to any international financial institution 
while the United States Executive Director to such institution is 
compensated by the institution at a rate which, together with whatever 
compensation such Director receives from the United States, is in 
excess of the rate provided for an individual occupying a position at 
level IV of the Executive Schedule under section 5315 of title 5, 
United States Code, or while any alternate United States Director to 
such institution is compensated by the institution at a rate in excess 
of the rate provided for an individual occupying a position at level V 
of the Executive Schedule under section 5316 of title 5, United States 
Code.
    (b) The Secretary of the Treasury shall instruct the United States 
Executive Director at each international financial institution to 
oppose any loan, grant, strategy or policy of these institutions that 
would require user fees or service charges on poor people for primary 
education or primary healthcare, including prevention, care and 
treatment for HIV/AIDS, malaria, tuberculosis, and infant, child, and 
maternal well-being, in connection with the institutions' financing 
programs.
    (c) The Secretary of the Treasury shall instruct the United States 
Executive Director at the International Monetary Fund to use the voice 
and vote of the United States to oppose any loan, project, agreement, 
memorandum, instrument, or other program of the International Monetary 
Fund that would not exempt increased government spending on health care 
or education from national budget caps or restraints, hiring or wage 
bill ceilings or other limits imposed by the International Monetary 
Fund in Heavily Indebted Poor Countries.
    (d) For purposes of this section ``international financial 
institutions'' are the International Bank for Reconstruction and 
Development, the Inter-American Development Bank, the Asian Development 
Bank, the Asian Development Fund, the African Development Bank, the 
African Development Fund, the International Monetary Fund, the North 
American Development Bank, and the European Bank for Reconstruction and 
Development.


                           debt-for-development

    Sec. 7031. In order to enhance the continued participation of 
nongovernmental organizations in debt-for-development and debt-for-
nature exchanges, a nongovernmental organization which is a grantee or 
contractor of the United States Agency for International Development 
may place in interest bearing accounts local currencies which accrue to 
that organization as a result of economic assistance provided under 
title III of this Act and, subject to the regular notification 
procedures of the Committees on Appropriations, any interest earned on 
such investment shall be used for the purpose for which the assistance 
was provided to that organization.


              Authority to Engage in Debt Buybacks or Sales

    Sec. 7032. (a) Loans Eligible for Sale, Reduction, or 
Cancellation.--
        (1) Authority to sell, reduce, or cancel certain loans.--
    Notwithstanding any other provision of law, the President may, in 
    accordance with this section, sell to any eligible purchaser any 
    concessional loan or portion thereof made before January 1, 1995, 
    pursuant to the Foreign Assistance Act of 1961, to the government 
    of any eligible country as defined in section 702(6) of that Act or 
    on receipt of payment from an eligible purchaser, reduce or cancel 
    such loan or portion thereof, only for the purpose of 
    facilitating--
            (A) debt-for-equity swaps, debt-for-development swaps, or 
        debt-for-nature swaps; or
            (B) a debt buyback by an eligible country of its own 
        qualified debt, only if the eligible country uses an additional 
        amount of the local currency of the eligible country, equal to 
        not less than 40 percent of the price paid for such debt by 
        such eligible country, or the difference between the price paid 
        for such debt and the face value of such debt, to support 
        activities that link conservation and sustainable use of 
        natural resources with local community development, and child 
        survival and other child development, in a manner consistent 
        with sections 707 through 710 of the Foreign Assistance Act of 
        1961, if the sale, reduction, or cancellation would not 
        contravene any term or condition of any prior agreement 
        relating to such loan.
        (2) Terms and conditions.--Notwithstanding any other provision 
    of law, the President shall, in accordance with this section, 
    establish the terms and conditions under which loans may be sold, 
    reduced, or canceled pursuant to this section.
        (3) Administration.--The Facility, as defined in section 702(8) 
    of the Foreign Assistance Act of 1961, shall notify the 
    administrator of the agency primarily responsible for administering 
    part I of the Foreign Assistance Act of 1961 of purchasers that the 
    President has determined to be eligible, and shall direct such 
    agency to carry out the sale, reduction, or cancellation of a loan 
    pursuant to this section. Such agency shall make adjustment in its 
    accounts to reflect the sale, reduction, or cancellation.
        (4) Limitation.--The authorities of this subsection shall be 
    available only to the extent that appropriations for the cost of 
    the modification, as defined in section 502 of the Congressional 
    Budget Act of 1974, are made in advance.
    (b) Deposit of Proceeds.--The proceeds from the sale, reduction, or 
cancellation of any loan sold, reduced, or canceled pursuant to this 
section shall be deposited in the United States Government account or 
accounts established for the repayment of such loan.
    (c) Eligible Purchasers.--A loan may be sold pursuant to subsection 
(a)(1)(A) only to a purchaser who presents plans satisfactory to the 
President for using the loan for the purpose of engaging in debt-for-
equity swaps, debt-for-development swaps, or debt-for-nature swaps.
    (d) Debtor Consultations.--Before the sale to any eligible 
purchaser, or any reduction or cancellation pursuant to this section, 
of any loan made to an eligible country, the President should consult 
with the country concerning the amount of loans to be sold, reduced, or 
canceled and their uses for debt-for-equity swaps, debt-for-development 
swaps, or debt-for-nature swaps.
    (e) Availability of Funds.--The authority provided by subsection 
(a) may be used only with regard to funds appropriated by this Act 
under the heading ``Debt Restructuring''.


                   Special Debt Relief for the Poorest

    Sec. 7033. (a) Authority to Reduce Debt.--The President may reduce 
amounts owed to the United States (or any agency of the United States) 
by an eligible country as a result of--
        (1) guarantees issued under sections 221 and 222 of the Foreign 
    Assistance Act of 1961;
        (2) credits extended or guarantees issued under the Arms Export 
    Control Act; or
        (3) any obligation or portion of such obligation, to pay for 
    purchases of United States agricultural commodities guaranteed by 
    the Commodity Credit Corporation under export credit guarantee 
    programs authorized pursuant to section 5(f) of the Commodity 
    Credit Corporation Charter Act of June 29, 1948, as amended, 
    section 4(b) of the Food for Peace Act of 1966, as amended (Public 
    Law 89-808), or section 202 of the Agricultural Trade Act of 1978, 
    as amended (Public Law 95-501).
    (b) Limitations.--
        (1) The authority provided by subsection (a) may be exercised 
    only to implement multilateral official debt relief and referendum 
    agreements, commonly referred to as ``Paris Club Agreed Minutes''.
        (2) The authority provided by subsection (a) may be exercised 
    only in such amounts or to such extent as is provided in advance by 
    appropriations Acts.
        (3) The authority provided by subsection (a) may be exercised 
    only with respect to countries with heavy debt burdens that are 
    eligible to borrow from the International Development Association, 
    but not from the International Bank for Reconstruction and 
    Development, commonly referred to as ``IDA-only'' countries.
    (c) Conditions.--The authority provided by subsection (a) may be 
exercised only with respect to a country whose government--
        (1) does not have an excessive level of military expenditures;
        (2) has not repeatedly provided support for acts of 
    international terrorism;
        (3) is not failing to cooperate on international narcotics 
    control matters;
        (4) (including its military or other security forces) does not 
    engage in a consistent pattern of gross violations of 
    internationally recognized human rights; and
        (5) is not ineligible for assistance because of the application 
    of section 527 of the Foreign Relations Authorization Act, Fiscal 
    Years 1994 and 1995.
    (d) Availability of Funds.--The authority provided by subsection 
(a) may be used only with regard to the funds appropriated by this Act 
under the heading ``Debt Restructuring''.
    (e) Certain Prohibitions Inapplicable.--A reduction of debt 
pursuant to subsection (a) shall not be considered assistance for the 
purposes of any provision of law limiting assistance to a country. The 
authority provided by subsection (a) may be exercised notwithstanding 
section 620(r) of the Foreign Assistance Act of 1961 or section 321 of 
the International Development and Food Assistance Act of 1975.


                           special authorities

    Sec. 7034. (a) Afghanistan, Iraq, Pakistan, Lebanon, Montenegro, 
Victims of War, Displaced Children, and Displaced Burmese.--Funds 
appropriated under titles III through VI of this Act that are made 
available for assistance for Afghanistan may be made available 
notwithstanding section 7012 of this Act or any similar provision of 
law and section 660 of the Foreign Assistance Act of 1961, and funds 
appropriated in titles III and VI of this Act that are made available 
for Iraq, Lebanon, Montenegro, Pakistan, and for victims of war, 
displaced children, and displaced Burmese, and to assist victims of 
trafficking in persons and, subject to the regular notification 
procedures of the Committees on Appropriations, to combat such 
trafficking, may be made available notwithstanding any other provision 
of law.
    (b)(1) Waiver.--The President may waive the provisions of section 
1003 of Public Law 100-204 if the President determines and certifies in 
writing to the Speaker of the House of Representatives and the 
President pro tempore of the Senate that it is important to the 
national security interests of the United States.
    (2) Period of Application of Waiver.--Any waiver pursuant to 
paragraph (1) shall be effective for no more than a period of 6 months 
at a time and shall not apply beyond 12 months after the enactment of 
this Act.
    (c) Small Business.--In entering into multiple award indefinite-
quantity contracts with funds appropriated by this Act, the United 
States Agency for International Development may provide an exception to 
the fair opportunity process for placing task orders under such 
contracts when the order is placed with any category of small or small 
disadvantaged business.
    (d) Vietnamese Refugees.--Section 594(a) of the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 2005 
(enacted as division D of Public Law 108-447; 118 Stat. 3038) is 
amended by striking ``2009'' and inserting ``2010''.
    (e) Reconstituting Civilian Police Authority.--In providing 
assistance with funds appropriated by this Act under section 660(b)(6) 
of the Foreign Assistance Act of 1961, support for a nation emerging 
from instability may be deemed to mean support for regional, district, 
municipal, or other sub-national entity emerging from instability, as 
well as a nation emerging from instability.
    (f) International Prison Conditions.--Funds appropriated by this 
Act to carry out the provisions of chapters 1 and 11 of part I and 
chapter 4 of part II of the Foreign Assistance Act of 1961, and the 
Support for East European Democracy (SEED) Act of 1989, shall be made 
available for assistance to address inhumane conditions in prisons and 
other detention facilities administered by foreign governments that the 
Secretary of State determines are making efforts to address, among 
other things, prisoners' health, sanitation, nutrition and other basic 
needs: Provided, That the Secretary of State shall designate a Deputy 
Assistant Secretary of State in the Bureau of Democracy, Human Rights 
and Labor to have primary responsibility for diplomatic efforts related 
to international prison conditions.
    (g) Extension of Authority.--The Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1990 (Public Law 
101-167) is amended--
        (1) in section 599D (8 U.S.C. 1157 note)--
            (A) in subsection (b)(3), by striking ``and 2008'' and 
        inserting ``2008, and 2009''; and
            (B) in subsection (e), by striking ``2008'' each place it 
        appears and inserting ``2009''; and
        (2) in section 599E (8 U.S.C. 1255 note) in subsection (b)(2), 
    by striking ``2008'' and inserting ``2009''.
    (h) World Food Program.--Of the funds managed by the Bureau for 
Democracy, Conflict, and Humanitarian Assistance of the United States 
Agency for International Development, from this or any other Act, not 
less than $10,000,000 shall be made available as a general contribution 
to the World Food Program, notwithstanding any other provision of law.
    (i) Library of Congress.--Notwithstanding any other provision of 
law, of the funds appropriated under the heading ``Embassy Security, 
Construction, and Maintenance'', not less than $2,000,000 shall be made 
available for the Capital Security Cost-Sharing fees of the Library of 
Congress.
    (j) Disarmament, Demobilization and Reintegration.--Notwithstanding 
any other provision of law, regulation or Executive order, funds 
appropriated by this Act and prior Acts making appropriations for the 
Department of State, foreign operations, and related programs under the 
headings ``Economic Support Fund'', ``Peacekeeping Operations'', 
``International Disaster Assistance'', and ``Transition Initiatives'' 
should be made available to support programs to disarm, demobilize, and 
reintegrate into civilian society former members of foreign terrorist 
organizations: Provided, That the Secretary of State shall consult with 
the Committees on Appropriations prior to the obligation of funds 
pursuant to this subsection: Provided further, That for the purposes of 
this subsection the term ``foreign terrorist organization'' means an 
organization designated as a terrorist organization under section 219 
of the Immigration and Nationality Act.
    (k) Nongovernmental Organizations.--With respect to the provision 
of assistance for democracy, human rights and governance activities, 
the organizations implementing such assistance and the specific nature 
of that assistance shall not be subject to the prior approval by the 
government of any foreign country.
    (l) Program for Research and Training on Eastern Europe and the 
Independent States of the Former Soviet Union.--Of the funds 
appropriated by this Act under the heading, ``Economic Support Fund'', 
not less than $5,000,000 shall be made available to carry out the 
Program for Research and Training on Eastern Europe and the Independent 
States of the Former Soviet Union (title VIII) as authorized by the 
Soviet-Eastern European Research and Training Act of 1983 (22 U.S.C. 
4501-4508, as amended).
    (m) Authority.--Funds appropriated or otherwise made available by 
title III of the Department of State, Foreign Operations, and Related 
Programs Appropriations Act, 2008 (division J of Public Law 110-161) 
under the heading ``Economic Support Fund'' that are available for a 
competitively awarded grant for nuclear security initiatives relating 
to North Korea shall be made available notwithstanding any other 
provision of law.
    (n) Middle East Foundation.--Funds appropriated by this Act and 
prior Acts for a Middle East Foundation shall be subject to the regular 
notification procedures of the Committees on Appropriations.
    (o) Global Food Security.--Notwithstanding any other provision of 
law, to include minimum funding requirements or funding directives, 
funds made available under the headings ``Development Assistance'' and 
``Economic Support Fund'' in this Act and prior Acts making 
appropriations for the Department of State, foreign operations, and 
related programs may be made available to address critical food 
shortages, subject to prior consultation with, and the regular 
notification procedures of, the Committees on Appropriations.

                     arab league boycott of israel

    Sec. 7035. It is the sense of the Congress that--
        (1) the Arab League boycott of Israel, and the secondary 
    boycott of American firms that have commercial ties with Israel, is 
    an impediment to peace in the region and to United States 
    investment and trade in the Middle East and North Africa;
        (2) the Arab League boycott, which was regrettably reinstated 
    in 1997, should be immediately and publicly terminated, and the 
    Central Office for the Boycott of Israel immediately disbanded;
        (3) all Arab League states should normalize relations with 
    their neighbor Israel;
        (4) the President and the Secretary of State should continue to 
    vigorously oppose the Arab League boycott of Israel and find 
    concrete steps to demonstrate that opposition by, for example, 
    taking into consideration the participation of any recipient 
    country in the boycott when determining to sell weapons to said 
    country; and
        (5) the President should report to Congress annually on 
    specific steps being taken by the United States to encourage Arab 
    League states to normalize their relations with Israel to bring 
    about the termination of the Arab League boycott of Israel, 
    including those to encourage allies and trading partners of the 
    United States to enact laws prohibiting businesses from complying 
    with the boycott and penalizing businesses that do comply.

                         palestinian statehood

    Sec. 7036. (a) Limitation on Assistance.--None of the funds 
appropriated under titles III through VI of this Act may be provided to 
support a Palestinian state unless the Secretary of State determines 
and certifies to the appropriate congressional committees that--
        (1) the governing entity of a new Palestinian state--
            (A) has demonstrated a firm commitment to peaceful co-
        existence with the State of Israel;
            (B) is taking appropriate measures to counter terrorism and 
        terrorist financing in the West Bank and Gaza, including the 
        dismantling of terrorist infrastructures, and is cooperating 
        with appropriate Israeli and other appropriate security 
        organizations; and
        (2) the Palestinian Authority (or the governing entity of a new 
    Palestinian state) is working with other countries in the region to 
    vigorously pursue efforts to establish a just, lasting, and 
    comprehensive peace in the Middle East that will enable Israel and 
    an independent Palestinian state to exist within the context of 
    full and normal relationships, which should include--
            (A) termination of all claims or states of belligerency;
            (B) respect for and acknowledgement of the sovereignty, 
        territorial integrity, and political independence of every 
        state in the area through measures including the establishment 
        of demilitarized zones;
            (C) their right to live in peace within secure and 
        recognized boundaries free from threats or acts of force;
            (D) freedom of navigation through international waterways 
        in the area; and
            (E) a framework for achieving a just settlement of the 
        refugee problem.
    (b) Sense of Congress.--It is the sense of Congress that the 
governing entity should enact a constitution assuring the rule of law, 
an independent judiciary, and respect for human rights for its 
citizens, and should enact other laws and regulations assuring 
transparent and accountable governance.
    (c) Waiver.--The President may waive subsection (a) if he 
determines that it is important to the national security interests of 
the United States to do so.
    (d) Exemption.--The restriction in subsection (a) shall not apply 
to assistance intended to help reform the Palestinian Authority and 
affiliated institutions, or the governing entity, in order to help meet 
the requirements of subsection (a), consistent with the provisions of 
section 7040 of this Act (``Limitation on Assistance to the Palestinian 
Authority'').


            restrictions concerning the palestinian authority

    Sec. 7037. None of the funds appropriated under titles II through 
VI of this Act may be obligated or expended to create in any part of 
Jerusalem a new office of any department or agency of the United States 
Government for the purpose of conducting official United States 
Government business with the Palestinian Authority over Gaza and 
Jericho or any successor Palestinian governing entity provided for in 
the Israel-PLO Declaration of Principles: Provided, That this 
restriction shall not apply to the acquisition of additional space for 
the existing Consulate General in Jerusalem: Provided further, That 
meetings between officers and employees of the United States and 
officials of the Palestinian Authority, or any successor Palestinian 
governing entity provided for in the Israel-PLO Declaration of 
Principles, for the purpose of conducting official United States 
Government business with such authority should continue to take place 
in locations other than Jerusalem. As has been true in the past, 
officers and employees of the United States Government may continue to 
meet in Jerusalem on other subjects with Palestinians (including those 
who now occupy positions in the Palestinian Authority), have social 
contacts, and have incidental discussions.


  prohibition on assistance to the palestinian broadcasting corporation

    Sec. 7038. None of the funds appropriated or otherwise made 
available by this Act may be used to provide equipment, technical 
support, consulting services, or any other form of assistance to the 
Palestinian Broadcasting Corporation.


                  assistance for the west bank and gaza

    Sec. 7039. (a) Oversight.--For fiscal year 2009, 30 days prior to 
the initial obligation of funds for the bilateral West Bank and Gaza 
Program, the Secretary of State shall certify to the Committees on 
Appropriations that procedures have been established to assure the 
Comptroller General of the United States will have access to 
appropriate United States financial information in order to review the 
uses of United States assistance for the Program funded under the 
heading ``Economic Support Fund'' for the West Bank and Gaza.
    (b) Vetting.--Prior to the obligation of funds appropriated by this 
Act under the heading ``Economic Support Fund'' for assistance for the 
West Bank and Gaza, the Secretary of State shall take all appropriate 
steps to ensure that such assistance is not provided to or through any 
individual, private or government entity, or educational institution 
that the Secretary knows or has reason to believe advocates, plans, 
sponsors, engages in, or has engaged in, terrorist activity nor, with 
respect to private entities or educational institutions, those that 
have as a principal officer of the entity's governing board or 
governing board of trustees any individual that has been determined to 
be involved in, or advocating terrorist activity or determined to be a 
member of a designated foreign terrorist organization. The Secretary of 
State shall, as appropriate, establish procedures specifying the steps 
to be taken in carrying out this subsection and shall terminate 
assistance to any individual, entity, or educational institution which 
she has determined to be involved in or advocating terrorist activity.
    (c) Prohibition.--
        (1) None of the funds appropriated under titles III through VI 
    of this Act for assistance under the West Bank and Gaza Program may 
    be made available for the purpose of recognizing or otherwise 
    honoring individuals who commit, or have committed acts of 
    terrorism.
        (2) Notwithstanding any other provision of law, none of the 
    funds made available by this or prior appropriations act, including 
    funds made available by transfer, may be made available for 
    obligation for security assistance for the West Bank and Gaza until 
    the Secretary of State reports to the Committees on Appropriations 
    on the benchmarks that have been established for security 
    assistance for the West Bank and Gaza and reports on the extent of 
    Palestinian compliance with such benchmarks.
    (d) Audits.--
        (1) The Administrator of the United States Agency for 
    International Development shall ensure that Federal or non-Federal 
    audits of all contractors and grantees, and significant 
    subcontractors and sub-grantees, under the West Bank and Gaza 
    Program, are conducted at least on an annual basis to ensure, among 
    other things, compliance with this section.
        (2) Of the funds appropriated by this Act up to $500,000 may be 
    used by the Office of the Inspector General of the United States 
    Agency for International Development for audits, inspections, and 
    other activities in furtherance of the requirements of this 
    subsection. Such funds are in addition to funds otherwise available 
    for such purposes.
    (e) Subsequent to the certification specified in subsection (a), 
the Comptroller General of the United States shall conduct an audit and 
an investigation of the treatment, handling, and uses of all funds for 
the bilateral West Bank and Gaza Program, including all funds provided 
as cash transfer assistance, in fiscal year 2009 under the heading 
``Economic Support Fund''. The audit shall address--
        (1) the extent to which such Program complies with the 
    requirements of subsections (b) and (c), and
        (2) an examination of all programs, projects, and activities 
    carried out under such Program, including both obligations and 
    expenditures.
    (f) Funds made available in this Act for West Bank and Gaza shall 
be subject to the regular notification procedures of the Committees on 
Appropriations.
    (g) Not later than 180 days after enactment of this Act, the 
Secretary of State shall submit a report to the Committees on 
Appropriations updating the report contained in section 2106 of chapter 
2 of title II of Public Law 109-13.


          limitation on assistance for the palestinian authority

    Sec. 7040. (a) Prohibition of Funds.--None of the funds 
appropriated by this Act to carry out the provisions of chapter 4 of 
part II of the Foreign Assistance Act of 1961 may be obligated or 
expended with respect to providing funds to the Palestinian Authority.
    (b) Waiver.--The prohibition included in subsection (a) shall not 
apply if the President certifies in writing to the Speaker of the House 
of Representatives, the President pro tempore of the Senate, and the 
Committees on Appropriations that waiving such prohibition is important 
to the national security interests of the United States.
    (c) Period of Application of Waiver.--Any waiver pursuant to 
subsection (b) shall be effective for no more than a period of 6 months 
at a time and shall not apply beyond 12 months after the enactment of 
this Act.
    (d) Report.--Whenever the waiver authority pursuant to subsection 
(b) is exercised, the President shall submit a report to the Committees 
on Appropriations detailing the justification for the waiver, the 
purposes for which the funds will be spent, and the accounting 
procedures in place to ensure that the funds are properly disbursed. 
The report shall also detail the steps the Palestinian Authority has 
taken to arrest terrorists, confiscate weapons and dismantle the 
terrorist infrastructure.
    (e) Certification.--If the President exercises the waiver authority 
under subsection (b), the Secretary of State must certify and report to 
the Committees on Appropriations prior to the obligation of funds that 
the Palestinian Authority has established a single treasury account for 
all Palestinian Authority financing and all financing mechanisms flow 
through this account, no parallel financing mechanisms exist outside of 
the Palestinian Authority treasury account, and there is a single 
comprehensive civil service roster and payroll.
    (f) Prohibition.--
        (1) None of the funds appropriated in titles III through VI of 
    this Act may be obligated for salaries of personnel of the 
    Palestinian Authority located in Gaza or may be obligated or 
    expended for assistance to Hamas or any entity effectively 
    controlled by Hamas or any power-sharing government of which Hamas 
    is a member unless the President certifies in writing and reports 
    to the Committees on Appropriations that Hamas has accepted and is 
    complying with the principles contained in section 620K(b)(1)(A) 
    and (B) of the Foreign Assistance Act of 1961, as amended.
        (2) None of the funds appropriated under titles III through VI 
    of this Act may be obligated for assistance for the Palestine 
    Liberation Organization.


                        broadcasting transparency

    Sec. 7041. (a) Of the funds appropriated in this Act under the 
heading ``International Broadcasting Operations'' for Middle East 
Broadcasting Networks, 10 percent of the funds shall not be available 
for obligation until the Broadcasting Board of Governors reports to the 
Committee on Appropriations on--
        (1) The results of the independent outside evaluation of 
    Alhurra programming to examine its journalistic integrity and 
    adherence to standards and principles of the United States 
    International Broadcasting Act; and
        (2) Whether the directives in the explanatory statement 
    accompanying the Department of State, Foreign Operations, and 
    Related Programs Appropriations Act, 2008 (division J of Public Law 
    110-161) regarding Alhurra have been implemented and are 
    operational.
    (b) The Office of the Inspector General of the Department of State 
and the Broadcasting Board of Governors shall monitor adherence to the 
standards of the Journalistic Code of Ethics of the Middle East 
Broadcasting Networks, as updated in May 2007.


                                   iraq

    Sec. 7042. (a) Assistance.--None of the funds appropriated or 
otherwise made available by this Act may be made available for 
assistance for Iraq, except funds appropriated by this Act under the 
heading ``Nonproliferation, Anti-terrorism, Demining and Related 
Programs'' for the removal and disposal of landmines and other 
unexploded ordnance, small arms and light weapons in Iraq.
    (b) Matching Requirement.--The terms and conditions of section 
1402(e)(1), (2), (3) and (4) of Public Law 110-252 shall apply to 
assistance for Iraq in fiscal year 2009.
    (c) Transition Plan.--Not later than 180 days after enactment of 
this Act, the Secretary of State, in consultation with relevant United 
States Government agencies, shall submit to the Committees on 
Appropriations a report, in classified form if necessary, that details 
the plans, costs and timelines associated with the transition of 
programs and activities funded under titles III through VI of this Act 
and prior Acts making appropriations for the Department of State, 
foreign operations, and related programs to the Government of Iraq.
    (d) Base Rights.--None of the funds made available in this Act may 
be used by the Government of the United States to enter into a 
permanent basing rights agreement between the United States and Iraq.

                        report on iran sanctions

    Sec. 7043. Not later than 180 days after enactment of this Act, the 
Secretary of State shall submit a report to the Committees on 
Appropriations on the status of multilateral and bilateral United 
States sanctions against Iran and actions taken by the United States 
and the international community to enforce sanctions against Iran. The 
report, which may be submitted in classified form if necessary, shall 
include the following:
        (1) A list of all current United States bilateral and 
    multilateral sanctions against Iran;
        (2) A list of all United States and foreign registered entities 
    which the Secretary of State has reason to believe may be in 
    violation of existing United States bilateral and multilateral 
    sanctions;
        (3) A detailed description of United States efforts to enforce 
    sanctions, including a list of all investigations initiated in the 
    12 months preceeding the enactment of this Act that have resulted 
    in a determination that a sanctions violation has occurred and 
    United States government actions taken pursuant to the 
    determination;
        (4) In the instances when sanctions were waived or otherwise 
    not imposed against entities that were determined to have violated 
    United States bilateral or multilateral sanctions, the reason in 
    each instance of why action was not taken to sanction the entity; 
    and
        (5) A description of United States diplomatic efforts to expand 
    bilateral and multilateral sanctions against Iran and strengthen 
    international efforts to enforce existing sanctions.


                                 lebanon

    Sec. 7044. (a) Funds appropriated under the heading ``Foreign 
Military Financing Program'' in this Act for assistance for Lebanon 
shall be made available only to professionalize the Lebanese Armed 
Forces and to strengthen border security and combat terrorism, 
including training and equipping the Lebanese Armed Forces to secure 
Lebanon's borders, interdicting arms shipments, preventing the use of 
Lebanon as a safe haven for terrorist groups and implementing United 
Nations Security Council Resolution 1701.
    (b) None of the funds in subsection (a) may be made available for 
obligation until after the Secretary of State provides the Committees 
on Appropriations a detailed spending plan, which shall include a 
strategy for professionalizing the Lebanese Armed Forces, strengthening 
border security and combating terrorism in Lebanon.


                            western hemisphere

    Sec. 7045. (a) Free Trade Agreements.--Of the funds appropriated by 
this Act not less than $10,000,000 from ``Development Assistance'' and 
not less than $10,000,000 from ``Economic Support Fund'' shall be made 
available for labor and environmental capacity building activities 
relating to the free trade agreements with countries of Central 
America, Peru and the Dominican Republic.
    (b) Haiti.--
        (1) The Government of Haiti shall be eligible to purchase 
    defense articles and services under the Arms Export Control Act (22 
    U.S.C. 2751 et seq.), for the Coast Guard.
        (2) Of the funds appropriated by this Act under titles III and 
    IV, not less than $251,126,000 shall be made available for 
    assistance for Haiti.
        (3) None of the funds made available by this Act under the 
    heading ``International Narcotics Control and Law Enforcement'' may 
    be used to transfer excess weapons, ammunition or other lethal 
    property of an agency of the United States Government to the 
    Government of Haiti for use by the Haitian National Police until 
    the Secretary of State reports to the Committees on Appropriations 
    that any members of the Haitian National Police who have been 
    credibly alleged to have committed serious crimes, including drug 
    trafficking and violations of internationally recognized human 
    rights, have been suspended.
    (c) Dominican Republic.--Of the funds appropriated by this Act that 
are available for assistance for the Dominican Republic, not less than 
$5,000,000 shall be made available for basic health care, nutrition, 
sanitation, education, and shelter for migrant workers and other 
residents of batey communities.
    (d) Assistance for Guatemala.--
        (1) Funds appropriated by this Act under the heading 
    ``International Military Education and Training'' (IMET) that are 
    available for assistance for Guatemala, other than for expanded 
    IMET, may be made available only for the Guatemalan Air Force, Navy 
    and Army Corps of Engineers: Provided, That assistance for the Army 
    Corps of Engineers shall only be available for training to improve 
    disaster response capabilities and to participate in international 
    peacekeeping operations: Provided further, That such funds may be 
    made available only if the Secretary of State certifies that the 
    Air Force, Navy and Army Corps of Engineers are respecting 
    internationally recognized human rights and cooperating with 
    civilian judicial investigations and prosecutions of current and 
    retired military personnel who have been credibly alleged to have 
    committed violations of such rights, and with the International 
    Commission Against Impunity in Guatemala (CICIG) by granting access 
    to CICIG personnel, providing evidence to CICIG, and allowing 
    witness testimony.
        (2) Of the funds appropriated by this Act under the heading 
    ``Foreign Military Financing Program'', not more than $500,000 may 
    be made available for the Guatemalan Air Force, Navy and Army Corps 
    of Engineers: Provided, That assistance for the Army Corps of 
    Engineers shall only be available for training to improve disaster 
    response capabilities and to participate in international 
    peacekeeping operations: Provided further, That such funds may be 
    made available only if the Secretary of State certifies that the 
    Air Force, Navy and Army Corps of Engineers are respecting 
    internationally recognized human rights and cooperating with 
    civilian judicial investigations and prosecutions of current and 
    retired military personnel who have been credibly alleged to have 
    committed violations of such rights, including protecting and 
    providing to the Attorney General's office all military archives 
    pertaining to the internal armed conflict, and cooperating with the 
    CICIG by granting access to CICIG personnel, providing evidence to 
    CICIG, and allowing witness testimony.
    (e) Assistance for Mexico.--Of the funds appropriated under the 
headings ``International Narcotics Control and Law Enforcement'', 
``Foreign Military Financing Program'', and ``Economic Support Fund'' 
in this Act, not more than $300,000,000 may be made available for 
assistance for Mexico, only to combat drug trafficking and related 
violence and organized crime, and for judicial reform, institution 
building, anti-corruption, and rule of law activities, of which not 
less than $75,000,000 shall be used for judicial reform, institution 
building, anti-corruption, and rule of law activities: Provided, That 
none of the funds made available under this section shall be made 
available for budget support or as cash payments.
        (1) Allocation of funds.--Fifteen percent of the funds made 
    available under this section in this Act, for assistance for 
    Mexico, not including assistance for judicial reform, institution 
    building, anti-corruption, and rule of law activities, may not be 
    obligated until the Secretary of State reports in writing to the 
    Committees on Appropriations that the Government of Mexico is 
    continuing to--
            (A) improve the transparency and accountability of Federal 
        police forces and to work with State and municipal authorities 
        to improve the transparency and accountability of State and 
        municipal police forces through mechanisms including police 
        complaints commissions with authority and independence to 
        receive complaints and carry out effective investigations;
            (B) conduct regular consultations with Mexican human rights 
        organizations and other relevant Mexican civil society 
        organizations on recommendations for the implementation of the 
        Merida Initiative in accordance with Mexican and international 
        law;
            (C) ensure that civilian prosecutors and judicial 
        authorities are investigating and prosecuting, in accordance 
        with Mexican and international law, members of the Federal 
        police and military forces who have been credibly alleged to 
        have violated internationally recognized human rights, and the 
        Federal police and military forces are fully cooperating with 
        the investigations; and
            (D) enforce the prohibition, in accordance with Mexican and 
        international law, on the use of testimony obtained through 
        torture or other ill-treatment.
        (2) Report.--The report required in paragraph (1) shall include 
    a description of actions taken with respect to each requirement.
        (3) Spending plan.--Not later than 45 days after the date of 
    enactment of this Act, the Secretary of State shall submit to the 
    Committees on Appropriations a detailed spending plan, developed 
    after consulting with relevant Mexican Government authorities, for 
    funds made available for Mexico under this section, with concrete 
    goals, programs and activities to be funded, and anticipated 
    results.
        (4) Analysis of alternatives.--Prior to the obligation of funds 
    for the procurement or lease of aircraft, the Director of the 
    Defense Security Cooperation Agency, in consultation with the 
    Secretary of State, shall submit to the Committees on 
    Appropriations an Analysis of Alternatives for the acquisition of 
    all aircraft for the Merida Initiative.
    (f) Assistance for the Countries of Central America.--Of the funds 
appropriated under the headings ``International Narcotics Control and 
Law Enforcement'', ``Foreign Military Financing Program'', and 
``Economic Support Fund'', $105,000,000 may be made available for 
assistance for the countries of Central America only to combat drug 
trafficking and related violence and organized crime, and for judicial 
reform, institution building, anti-corruption, rule of law activities, 
and maritime security, of which not less than $35,000,000 shall be made 
available for judicial reform, institution building, anti-corruption, 
and rule of law activities: Provided, That of the funds appropriated 
under the heading ``Economic Support Fund'', $12,000,000 shall be made 
available through the United States Agency for International 
Development for an Economic and Social Development Fund for Central 
America: Provided further, That none of the funds shall be made 
available for budget support or as cash payments.
        (1) Allocation of funds.--Fifteen percent of the funds made 
    available by this Act for assistance for the countries of Central 
    America under the headings ``International Narcotics Control and 
    Law Enforcement'' and ``Foreign Military Financing Program'' may 
    not be obligated until the Secretary of State reports in writing to 
    the Committees on Appropriations that the government of such 
    country is continuing to--
            (A) support police complaints commissions with authority 
        and independence to receive complaints and carry out effective 
        investigations;
            (B) implement reforms to improve the capacity and ensure 
        the independence of the judiciary; and
            (C) investigate and prosecute members of the Federal police 
        and military forces who have been credibly alleged to have 
        committed violations of internationally recognized human 
        rights.
        (2) Report.--The report required in paragraph (1) shall include 
    a description of actions taken with respect to each requirement.
        (3) Spending plan.--Not later than 45 days after the date of 
    the enactment of this Act, the Secretary of State shall submit to 
    the Committees on Appropriations a detailed spending plan for funds 
    appropriated or otherwise made available for the countries of 
    Central America by this Act, with concrete goals, actions to be 
    taken, budget proposals, and anticipated results.
        (4) Definition.--For the purposes of this section, the term 
    ``countries of Central America'' means Belize, Costa Rica, El 
    Salvador, Guatemala, Honduras, Nicaragua, and Panama.
    (g) Aircraft Operations and Maintenance.--To the maximum extent 
practicable, the costs of operations and maintenance, including fuel, 
of aircraft funded by this Act should be borne by the recipient 
country.

                                colombia

    Sec. 7046. (a) Funding.--Of the funds appropriated in titles III 
and IV of this Act, not more than $545,050,000 shall be available for 
assistance for Colombia.
    Funds appropriated by this Act and made available to the Department 
of State for assistance to the Government of Colombia may be used to 
support a unified campaign against narcotics trafficking and 
organizations designated as Foreign Terrorist Organizations and 
successor organizations, and to take actions to protect human health 
and welfare in emergency circumstances, including undertaking rescue 
operations: Provided, That assistance made available in prior Acts for 
the Government of Colombia to protect the Cano-Limon pipeline may also 
be used for purposes for which funds are made available under the 
heading ``Andean Counterdrug Programs'': Provided further, That no 
United States Armed Forces personnel or United States civilian 
contractor employed by the United States will participate in any combat 
operation in connection with assistance made available by this Act for 
Colombia: Provided further, That rotary and fixed wing aircraft 
supported with funds appropriated under the heading ``Andean 
Counterdrug Programs'' for assistance for Colombia may be used for 
aerial or manual drug eradication and interdiction including to 
transport personnel and supplies and to provide security for such 
operations, and to provide transport in support of alternative 
development programs and investigations of cases under the jurisdiction 
of the Attorney General, the Procuraduria General de la Nacion, and the 
Defensoria del Pueblo: Provided further, That the President shall 
ensure that if any helicopter procured with funds in this Act or prior 
Acts making appropriations for the Department of State, foreign 
operations, and related programs, is used to aid or abet the operations 
of any illegal self-defense group, paramilitary organization, illegal 
security cooperative or successor organizations in Colombia, such 
helicopter shall be immediately returned to the United States.
    Of the funds available under the heading ``Andean Counterdrug 
Programs'' in this Act for the Colombian national police for the 
procurement of chemicals for aerial coca and poppy eradication 
programs, not more than 20 percent of such funds may be made available 
for such eradication programs unless the Secretary of State certifies 
to the Committees on Appropriations that: (1) the herbicide is being 
used in accordance with EPA label requirements for comparable use in 
the United States and with Colombian laws; and (2) the herbicide, in 
the manner it is being used, does not pose unreasonable risks or 
adverse effects to humans or the environment, including endemic 
species: Provided, That such funds may not be made available unless the 
Secretary of State certifies to the Committees on Appropriations that 
complaints of harm to health or licit crops caused by such aerial 
eradication are thoroughly evaluated and fair compensation is being 
paid in a timely manner for meritorious claims: Provided further, That 
such funds may not be made available for such purposes unless programs 
are being implemented by the United States Agency for International 
Development, the Government of Colombia, or other organizations, in 
consultation and coordination with local communities, to provide 
alternative sources of income in areas where security permits for 
small-acreage growers and communities whose illicit crops are targeted 
for aerial eradication: Provided further, That none of the funds 
appropriated by this Act for assistance for Colombia shall be made 
available for the cultivation or processing of African oil palm, if 
doing so would contribute to significant loss of native species, 
disrupt or contaminate natural water sources, reduce local food 
security, or cause the forced displacement of local people: Provided 
further, That funds appropriated by this Act may be used for aerial 
eradication in Colombia's national parks or reserves only if the 
Secretary of State certifies to the Committees on Appropriations on a 
case-by-case basis that there are no effective alternatives and the 
eradication is conducted in accordance with Colombian laws.
    (b) Assistance for the Armed Forces.--
        (1) Funding.--Funds appropriated by this Act that are available 
    for assistance for the Colombian Armed Forces, may be made 
    available as follows:
            (A) Up to 70 percent of such funds may be obligated prior 
        to the certification and report by the Secretary of State 
        pursuant to subparagraph (B).
            (B) Up to 15 percent of such funds may be obligated only 
        after the Secretary of State consults with, and subsequently 
        certifies and submits a written report to, the Committees on 
        Appropriations that--
                (i) The Government of Colombia is suspending, and 
            investigating and prosecuting in the civilian justice 
            system, those members of the Colombian Armed Forces, of 
            whatever rank, who have been credibly alleged to have 
            committed violations of internationally recognized human 
            rights, including extra-judicial killings, or to have 
            aided, abetted or benefitted from paramilitary 
            organizations or successor armed groups, and the Colombian 
            Armed Forces are cooperating fully with civilian 
            prosecutors and judicial authorities in such cases.
                (ii) The Government of Colombia has taken all necessary 
            steps to sever links with paramilitary organizations or 
            successor armed groups.
                (iii) The Government of Colombia is dismantling 
            paramilitary networks, including by arresting and 
            prosecuting under civilian criminal law individuals who 
            have provided financial, planning, or logistical support, 
            or have otherwise aided, abetted or benefitted from 
            paramilitary organizations or successor armed groups, and 
            by returning land and other assets illegally acquired by 
            such organizations or their associates to their rightful 
            occupants or owners.
                (iv) The Government of Colombia is respecting the 
            rights of Colombia's indigenous and Afro-Colombian 
            communities, and the Colombian Armed Forces are 
            implementing procedures to distinguish between civilians, 
            including displaced persons, and combatants in their 
            operations.
        (2) The balance of such funds may be obligated after July 31, 
    2009, if, prior to such obligation, the Secretary of State consults 
    with, and submits a written certification to, the Committees on 
    Appropriations that the Government of Colombia is continuing to 
    meet the requirements described in paragraph (1) and is conducting 
    vigorous operations to strengthen civilian institutions and respect 
    for internationally recognized human rights in areas under the 
    influence of paramilitary organizations or successor armed groups 
    and guerrilla organizations.
        (3) Certain funds exempted.--The requirement to withhold funds 
    from obligation shall not apply with respect to funds made 
    available under the heading ``Andean Counterdrug Programs'' in this 
    Act for continued support for the Critical Flight Safety Program or 
    for any alternative development programs in Colombia administered 
    by the Bureau of International Narcotics and Law Enforcement 
    Affairs of the Department of State.
        (4) Report.--At the time the Secretary of State submits 
    certifications pursuant to paragraphs (1)(B) and (2) of this 
    subsection, the Secretary shall also submit to the Committees on 
    Appropriations a report that contains, with respect to each such 
    paragraph, a detailed description of the specific actions taken by 
    the Government and Armed Forces of Colombia which support each 
    requirement of the certification, and the cases or issues brought 
    to the attention of the Secretary, including through the Department 
    of State's annual Country Reports on Human Rights Practices, for 
    which the actions taken by the Colombian Government or Armed Forces 
    have been determined by the Secretary of State to be inadequate.
    (c) Consultative Process.--Not later than 60 days after the date of 
enactment of this Act, and every 180 days thereafter until September 
30, 2009, the Secretary of State shall consult with Colombian and 
internationally recognized human rights organizations regarding 
progress in meeting the requirements contained in subsection (b)(1).
    (d) Assistance for Reintegration of Former Combatants.--
        (1) Availability of funds.--Of the funds appropriated in this 
    Act under the heading ``Economic Support Fund'', up to $16,769,000 
    may be made available in fiscal year 2009 for assistance for the 
    reintegration of former members of foreign terrorist organizations 
    (FTOs) or other illegal armed groups in Colombia, if the Secretary 
    of State consults with and makes a certification described in 
    paragraph (2) to the Committees on Appropriations prior to the 
    initial obligation of amounts for such assistance for the fiscal 
    year involved.
        (2) Certification.--A certification described in this 
    subsection is a certification that--
            (A) assistance for the fiscal year will be provided only 
        for individuals who have: (i) verifiably renounced and 
        terminated any affiliation or involvement with FTOs or other 
        illegal armed groups; (ii) are meeting all the requirements of 
        the Colombia demobilization program, including having disclosed 
        their involvement in past crimes and their knowledge of the 
        FTO's structure, financing sources, illegal assets, and the 
        location of kidnapping victims and bodies of the disappeared; 
        and (iii) are not involved in criminal activity;
            (B) the Government of Colombia is providing full 
        cooperation to the Government of the United States to prosecute 
        the extradited leaders and members of FTOs who have been 
        indicted in the United States for murder, torture, kidnapping, 
        narcotics trafficking, or other violations of United States 
        law;
            (C) the Government of Colombia is not knowingly taking any 
        steps to legalize the titles of land or other assets illegally 
        obtained and held by FTOs, their associates, or successors, has 
        established effective procedures to identify such land and 
        other assets, and is seizing and returning such land and other 
        assets to their rightful occupants or owners;
            (D) the Government of Colombia is dismantling the 
        organizational structures of FTOs and successor armed groups; 
        and
            (E) funds shall not be made available as cash payments to 
        individuals and are available only for activities under the 
        following categories: verification, reintegration (including 
        training and education), vetting, recovery of assets for 
        reparations for victims, and investigations and prosecutions.
    (e) Illegal Armed Groups.--
        (1) Denial of visas.--Subject to paragraph (2), the Secretary 
    of State shall not issue a visa to any alien who the Secretary 
    determines, based on credible evidence--
            (A) has willfully provided any support to or benefitted 
        from the Revolutionary Armed Forces of Colombia (FARC), the 
        National Liberation Army (ELN), the United Self-Defense Forces 
        of Colombia (AUC), or successor armed groups, including taking 
        actions or failing to take actions which allow, facilitate, or 
        otherwise foster the activities of such groups; or
            (B) has committed, ordered, incited, assisted, or otherwise 
        participated in the commission of a violation of 
        internationally recognized human rights, including extra-
        judicial killings, in Colombia.
        (2) Waiver.--Paragraph (1) shall not apply if the Secretary of 
    State certifies to the Committees on Appropriations, on a case-by-
    case basis, that the issuance of a visa to the alien is necessary 
    to support the peace process in Colombia or for urgent humanitarian 
    reasons.
    (f) Definitions.--In this section:
        (1) Aided or abetted.--The term ``aided or abetted'' means to 
    provide any support to paramilitary or successor armed groups, 
    including taking actions which allow, facilitate, or otherwise 
    foster the activities of such groups.
        (2) Paramilitary groups.--The term ``paramilitary groups'' 
    means illegal self-defense groups and illegal security 
    cooperatives, including those groups and cooperatives that have 
    formerly demobilized but continue illegal operations, as well as 
    parts thereof.
        (3) Foreign terrorist organization.--The term ``foreign 
    terrorist organization'' means an organization designated as a 
    terrorist organization under section 219 of the Immigration and 
    Nationality Act.


                    community-based police assistance

    Sec. 7047. (a) Authority.--Funds made available by titles III and 
IV of this Act to carry out the provisions of chapter 1 of part I and 
chapters 4 and 6 of part II of the Foreign Assistance Act of 1961, may 
be used, notwithstanding section 660 of that Act, to enhance the 
effectiveness and accountability of civilian police authority through 
training and technical assistance in human rights, the rule of law, 
anti-corruption, strategic planning, and through assistance to foster 
civilian police roles that support democratic governance including 
assistance for programs to prevent conflict, respond to disasters, 
address gender-based violence, and foster improved police relations 
with the communities they serve.
    (b) Notification.--Assistance provided under subsection (a) shall 
be subject to prior consultation with, and the regular notification 
procedures of, the Committees on Appropriations.


            prohibition of payments to united nations members

    Sec. 7048. None of the funds appropriated or made available 
pursuant to titles III through VI of this Act for carrying out the 
Foreign Assistance Act of 1961, may be used to pay in whole or in part 
any assessments, arrearages, or dues of any member of the United 
Nations or, from funds appropriated by this Act to carry out chapter 1 
of part I of the Foreign Assistance Act of 1961, the costs for 
participation of another country's delegation at international 
conferences held under the auspices of multilateral or international 
organizations.


                      war crimes tribunals drawdown

    Sec. 7049. If the President determines that doing so will 
contribute to a just resolution of charges regarding genocide or other 
violations of international humanitarian law, the President may direct 
a drawdown pursuant to section 552(c) of the Foreign Assistance Act of 
1961 of up to $30,000,000 of commodities and services for the United 
Nations War Crimes Tribunal established with regard to the former 
Yugoslavia by the United Nations Security Council or such other 
tribunals or commissions as the Council may establish or authorize to 
deal with such violations, without regard to the ceiling limitation 
contained in paragraph (2) thereof: Provided, That the determination 
required under this section shall be in lieu of any determinations 
otherwise required under section 552(c): Provided further, That funds 
made available for tribunals other than the International Criminal 
Tribunal for the former Yugoslavia, the International Criminal Tribunal 
for Rwanda, or the Special Court for Sierra Leone shall be made 
available subject to the regular notification procedures of the 
Committees on Appropriations.


                          peacekeeping missions

    Sec. 7050. None of the funds made available under title I of this 
Act may be used for any United Nations undertaking when it is made 
known to the Federal official having authority to obligate or expend 
such funds that: (1) the United Nations undertaking is a peacekeeping 
mission; (2) such undertaking will involve United States Armed Forces 
under the command or operational control of a foreign national; and (3) 
the President's military advisors have not submitted to the President a 
recommendation that such involvement is in the national interests of 
the United States and the President has not submitted to the Congress 
such a recommendation.


                         PEACEKEEPING ASSESSMENT

    Sec. 7051. Section 404(b)(2)(B) of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995, (22 U.S.C. 287e note) is 
amended by deleting subsection (v) and inserting in lieu thereof:
    ``(v) For assessments made during each of the calendar years 2005, 
2006, 2007, 2008, and 2009, 27.1 percent.''.


                   UNITED NATIONS HUMAN RIGHTS COUNCIL

    Sec. 7052. (a) None of the funds appropriated by this Act may be 
made available for a United States contribution to the United Nations 
Human Rights Council.
    (b) The prohibition under subsection (a) shall not apply if--
        (1) the Secretary of State certifies to the Committees on 
    Appropriations that the provision of funds to support the United 
    Nations Human Rights Council is in the national interest of the 
    United States; or
        (2) the United States is a member of the Human Rights Council.


                 Attendance at International Conferences

    Sec. 7053. None of the funds made available in this Act may be used 
to send or otherwise pay for the attendance of more than 50 employees 
of agencies or departments of the United States Government who are 
stationed in the United States, at any single international conference 
occurring outside the United States, unless the Secretary of State 
reports to the Committees on Appropriations that such attendance is in 
the national interest: Provided, That for purposes of this section the 
term ``international conference'' shall mean a conference attended by 
representatives of the United States Government and of foreign 
governments, international organizations, or nongovernmental 
organizations.


                restrictions on united nations delegations

    Sec. 7054. None of the funds made available under title I of this 
Act may be used to pay expenses for any United States delegation to any 
specialized agency, body, or commission of the United Nations if such 
commission is chaired or presided over by a country, the government of 
which the Secretary of State has determined, for purposes of section 
6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 
2405(j)(1)), supports international terrorism.


    parking fines and real property taxes owed by foreign governments

    Sec. 7055. (a) Subject to subsection (c), of the funds appropriated 
under titles III through VI by this Act that are made available for 
assistance for a foreign country, an amount equal to 110 percent of the 
total amount of the unpaid fully adjudicated parking fines and 
penalties and unpaid property taxes owed by the central government of 
such country shall be withheld from obligation for assistance for the 
central government of such country until the Secretary of State submits 
a certification to the Committees on Appropriations stating that such 
parking fines and penalties and unpaid property taxes are fully paid.
    (b) Funds withheld from obligation pursuant to subsection (a) may 
be made available for other programs or activities funded by this Act, 
after consultation with and subject to the regular notification 
procedures of the Committees on Appropriations, provided that no such 
funds shall be made available for assistance for the central government 
of a foreign country that has not paid the total amount of the fully 
adjudicated parking fines and penalties and unpaid property taxes owed 
by such country.
    (c) Subsection (a) shall not include amounts that have been 
withheld under any other provision of law.
    (d)(1) The Secretary of State may waive the requirements set forth 
in subsection (a) with respect to parking fines and penalties no sooner 
than 60 days from the date of enactment of this Act, or at any time 
with respect to a particular country, if the Secretary determines that 
it is in the national interests of the United States to do so.
    (2) The Secretary of State may waive the requirements set forth in 
subsection (a) with respect to the unpaid property taxes if the 
Secretary of State determines that it is in the national interests of 
the United States to do so.
    (e) Not later than 6 months after the initial exercise of the 
waiver authority in subsection (d), the Secretary of State, after 
consultations with the City of New York, shall submit a report to the 
Committees on Appropriations describing a strategy, including a 
timetable and steps currently being taken, to collect the parking fines 
and penalties and unpaid property taxes and interest owed by nations 
receiving foreign assistance under this Act.
    (f) In this section:
        (1) The term ``fully adjudicated'' includes circumstances in 
    which the person to whom the vehicle is registered--
            (A)(i) has not responded to the parking violation summons; 
        or
            (ii) has not followed the appropriate adjudication 
        procedure to challenge the summons; and
            (B) the period of time for payment of or challenge to the 
        summons has lapsed.
        (2) The term ``parking fines and penalties'' means parking 
    fines and penalties--
            (A) owed to--
                (i) the District of Columbia; or
                (ii) New York, New York; and
            (B) incurred during the period April 1, 1997, through 
        September 30, 2008.
        (3) The term ``unpaid property taxes'' means the amount of 
    unpaid taxes and interest determined to be owed by a foreign 
    country on real property in the District of Columbia or New York, 
    New York in a court order or judgment entered against such country 
    by a court of the United States or any State or subdivision 
    thereof.


                     landmines and cluster munitions

    Sec. 7056. (a) Landmines.--Notwithstanding any other provision of 
law, demining equipment available to the United States Agency for 
International Development and the Department of State and used in 
support of the clearance of landmines and unexploded ordnance for 
humanitarian purposes may be disposed of on a grant basis in foreign 
countries, subject to such terms and conditions as the President may 
prescribe.
    (b) Cluster Munitions.--No military assistance shall be furnished 
for cluster munitions, no defense export license for cluster munitions 
may be issued, and no cluster munitions or cluster munitions technology 
shall be sold or transferred, unless--
        (1) the submunitions of the cluster munitions have a 99 percent 
    or higher functioning rate; and
        (2) the agreement applicable to the assistance, transfer, or 
    sale of the cluster munitions or cluster munitions technology 
    specifies that the cluster munitions will only be used against 
    clearly defined military targets and will not be used where 
    civilians are known to be present.

                    millennium challenge corporation

    Sec. 7057. (a) The Chief Executive Officer of the Millennium 
Challenge Corporation shall, not later than 45 days after enactment of 
this Act, submit to the Committee on Appropriations a report on the 
proposed uses, on a country-by-country basis, of all funds appropriated 
under the heading ``Millennium Challenge Corporation'' in this Act or 
prior Acts making appropriations for the Department of State, foreign 
operations, and related programs projected to be obligated and expended 
in fiscal year 2009 and subsequent fiscal years.
    (b) The report required in paragraph (a) shall be updated on a 
semi-annual basis and shall include, at a minimum, a description of--
        (1) compacts in development, including the status of 
    negotiations and the approximate range of value of the proposed 
    compact;
        (2) compacts in implementation, including the projected 
    expenditure and disbursement of compact funds during fiscal year 
    2009 and subsequent fiscal years as determined by the country 
    compact;
        (3) threshold country programs in development, including the 
    approximate range of value of the threshold country agreement;
        (4) major programmatic changes to existing compacts funded by 
    this Act or prior Acts making appropriations for the Department of 
    State, foreign operations, and related programs;
        (5) threshold country programs in implementation; and
        (6) use of administrative funds.
    (c) The Chief Executive Officer of the Millennium Challenge 
Corporation shall notify the Committees on Appropriations not later 
than 15 days prior to signing any new country compact or new threshold 
country program; terminating or suspending any country compact or 
threshold country program; or commencing negotiations for any new 
compact or threshold country program.

                    limitation on residence expenses

    Sec. 7058. Of the funds appropriated or made available pursuant to 
title II of this Act, not to exceed $100,500 shall be for official 
residence expenses of the United States Agency for International 
Development during the current fiscal year: Provided, That appropriate 
steps shall be taken to assure that, to the maximum extent possible, 
United States-owned foreign currencies are utilized in lieu of dollars.

     united states agency for international development management

                     (including transfer of funds)

    Sec. 7059. (a) Authority.--Up to $81,000,000 of the funds made 
available in title III of this Act to carry out the provisions of part 
I of the Foreign Assistance Act of 1961, including funds appropriated 
under the heading ``Assistance for Europe, Eurasia and Central Asia'', 
may be used by the United States Agency for International Development 
(USAID) to hire and employ individuals in the United States and 
overseas on a limited appointment basis pursuant to the authority of 
sections 308 and 309 of the Foreign Service Act of 1980.
    (b) Restrictions.--
        (1) The number of individuals hired in any fiscal year pursuant 
    to the authority contained in subsection (a) may not exceed 175.
        (2) The authority to hire individuals contained in subsection 
    (a) shall expire on September 30, 2010.
    (c) Conditions.--The authority of subsection (a) may only be used 
to the extent that an equivalent number of positions that are filled by 
personal services contractors or other non-direct hire employees of 
USAID, who are compensated with funds appropriated to carry out part I 
of the Foreign Assistance Act of 1961, including funds appropriated 
under the heading ``Assistance for Europe, Eurasia and Central Asia'', 
are eliminated.
    (d) Priority Sectors.--In exercising the authority of this section, 
primary emphasis shall be placed on enabling USAID to meet personnel 
positions in technical skill areas currently encumbered by contractor 
or other non-direct hire personnel.
    (e) Consultations.--The USAID Administrator shall consult with the 
Committees on Appropriations at least on a quarterly basis concerning 
the implementation of this section.
    (f) Program Account Charged.--The account charged for the cost of 
an individual hired and employed under the authority of this section 
shall be the account to which such individual's responsibilities 
primarily relate. Funds made available to carry out this section may be 
transferred to, and merged with, funds appropriated by this Act in 
title II under the heading ``Operating Expenses''.
    (g) Foreign Service Limited Extensions.--Individuals hired and 
employed by USAID, with funds made available in this Act or prior Acts 
making appropriations for the Department of State, foreign operations, 
and related programs, pursuant to the authority of section 309 of the 
Foreign Service Act of 1980, may be extended for a period of up to 4 
years notwithstanding the limitation set forth in such section.
    (h) Junior Officer Placement Authority.--Of the funds made 
available in subsection (a), USAID may use, in addition to funds 
otherwise available for such purposes, up to $15,000,000 to fund 
overseas support costs of members of the Foreign Service with a Foreign 
Service rank of four or below: Provided, That such authority is only 
used to reduce USAID's reliance on overseas personal services 
contractors or other non-direct hire employees compensated with funds 
appropriated to carry out part I of the Foreign Assistance Act of 1961, 
including funds appropriated under the heading ``Assistance for Europe, 
Eurasia and Central Asia''.
    (i) Disaster Surge Capacity.--Funds appropriated under title III of 
this Act to carry out part I of the Foreign Assistance Act of 1961, 
including funds appropriated under the heading ``Assistance for Europe, 
Eurasia and Central Asia'', may be used, in addition to funds otherwise 
available for such purposes, for the cost (including the support costs) 
of individuals detailed to or employed by USAID whose primary 
responsibility is to carry out programs in response to natural 
disasters.
    (j) Technical Advisors.--Up to $13,500,000 of the funds made 
available by this Act in title III for assistance under the heading 
``Global Health and Child Survival'', may be used to reimburse United 
States Government agencies, agencies of State governments, institutions 
of higher learning, and private and voluntary organizations for the 
full cost of individuals (including for the personal services of such 
individuals) detailed or assigned to, or contracted by, as the case may 
be, USAID for the purpose of carrying out activities under that 
heading: Provided, That up to $3,500,000 of the funds made available by 
this Act for assistance under the heading ``Development Assistance'' 
may be used to reimburse such agencies, institutions, and organizations 
for such costs of such individuals carrying out other development 
assistance activities.
    (k) Personal Services Contractors.--Funds appropriated by this Act 
to carry out chapter 1 of part I, chapter 4 of part II, and section 667 
of the Foreign Assistance Act of 1961, and title II of the Agricultural 
Trade Development and Assistance Act of 1954, may be used by USAID to 
employ up to 25 personal services contractors in the United States, 
notwithstanding any other provision of law, for the purpose of 
providing direct, interim support for new or expanded overseas programs 
and activities managed by the agency until permanent direct hire 
personnel are hired and trained: Provided, That not more than 10 of 
such contractors shall be assigned to any bureau or office: Provided 
further, That such funds appropriated to carry out title II of the 
Agricultural Trade Development and Assistance Act of 1954, may be made 
available only for personal services contractors assigned to the Office 
of Food for Peace.
    (l) Recruitment Strategy.--Not later than December 31, 2009, the 
USAID Administrator, after consulting with the Secretaries of Defense, 
Treasury, Agriculture, Interior, Energy, and Health and Human Services, 
the Director of the Centers for Disease Control and Prevention, the 
Administrator of the Environmental Protection Agency, and the heads of 
other relevant Federal departments and agencies, shall submit to the 
Committees on Appropriations a recruitment strategy for current and 
former employees from such departments and agencies who possess skills 
and/or overseas experience which would enhance USAID's capacity to 
carry out its mission: Provided, That funds made available under the 
heading ``Operating Expenses'' in title II of this Act may be made 
available to implement the strategy described in the previous proviso, 
subject to the regular notification procedures of the Committees on 
Appropriations.
    (m) Hiring Authority.--Notwithstanding section 307 of the Foreign 
Service Act of 1980, the USAID Administrator may hire up to 30 
individuals under the Development Leadership Initiative: Provided, That 
the authority contained in this subsection shall expire on September 
30, 2010.

                        global health activities

    Sec. 7060. (a) Funds appropriated by titles III and IV of this Act 
that are made available for bilateral assistance for child survival 
activities or disease programs including activities relating to 
research on, and the prevention, treatment and control of, HIV/AIDS may 
be made available notwithstanding any other provision of law except for 
the provisions under the heading ``Global Health and Child Survival'' 
and the United States Leadership Against HIV/AIDS, Tuberculosis, and 
Malaria Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as 
amended: Provided, That of the funds appropriated under title III of 
this Act, not less than $545,000,000 should be made available for 
family planning/reproductive health.
    (b) Notwithstanding any other provision of this Act, 10 percent of 
the funds that are appropriated by this Act for a contribution to 
support the Global Fund to Fight AIDS, Tuberculosis and Malaria (the 
``Global Fund'') shall be withheld from obligation to the Global Fund 
until the Secretary of State reports to the Committees on 
Appropriations that the Global Fund--
        (1) is releasing incremental disbursements only if grantees 
    demonstrate progress against clearly defined performance 
    indicators; and
        (2) is implementing a reporting system that breaks down grantee 
    budget allocations by programmatic activity.


                        DEVELOPMENT GRANTS PROGRAM

    Sec. 7061. Of the funds appropriated by this Act under the heading 
``Development Assistance'', not less than $40,000,000 shall be made 
available for the Development Grants Program established pursuant to 
section 674 of the Department of State, Foreign Operations, and Related 
Programs Appropriations Act, 2008 (division J of Public Law 110-161): 
Provided, That funds made available under this section are in addition 
to other funds available for such purposes including funds designated 
by this Act by section 7065.

                          women in development

    Sec. 7062. (a) Programs funded under title III of this Act should 
include, where appropriate, gender considerations in the planning, 
assessment, implementation, monitoring and evaluation of such programs.
    (b) Funds made available under title III of this Act should be made 
available to support programs to enhance economic opportunities for 
poor women in developing countries, including increasing the number and 
capacity of women-owned enterprises, improving property rights for 
women, increasing access to financial services, and improving women's 
ability to participate in the global economy.

                         gender-based violence

    Sec. 7063. (a) Funds appropriated under the headings ``Development 
Assistance'' and ``Economic Support Fund'' in this Act shall be made 
available for programs to address sexual and gender-based violence.
    (b) Programs and activities funded under titles III and IV of this 
Act that provide training for foreign police, judicial, and military 
officials shall address, where appropriate, gender-based violence.

                               education

    Sec. 7064. (a) Basic Education.--
        (1) Of the funds appropriated by title III of this Act and by 
    prior Acts for fiscal year 2009, not less than $700,000,000 should 
    be made available for assistance for basic education, of which not 
    less than $400,000,000 shall be made available under the heading 
    ``Development Assistance''.
        (2) There shall continue to be a Coordinator of United States 
    government actions to provide basic education assistance in 
    developing countries as established in section 664 of division J of 
    Public Law 110-161.
        (3) Funds appropriated for basic education in this Act shall be 
    made available for a pilot program in three countries to develop 
    and evaluate the effectiveness and implementation of a 5-year basic 
    education strategic plan.
    (b) Higher Education.--Of the funds appropriated by title III of 
this Act and by prior Acts for fiscal year 2009, not less than 
$133,000,000 shall be made available for assistance for higher 
education.


                         reconciliation programs

    Sec. 7065. Of the funds appropriated under the headings 
``Development Assistance'' and ``Economic Support Fund'' in this Act, 
$25,000,000 shall be made available for reconciliation programs which 
bring together and facilitate interaction between individuals of 
different ethnic, religious and political backgrounds from areas of 
civil conflict and war, of which $9,000,000 shall be made available for 
such programs in the Middle East: Provided, That the Administrator of 
the United States Agency for International Development shall consult 
with the Committees on Appropriations, prior to the initial obligation 
of funds, on the most effective uses of such funds.

                   comprehensive expenditures report

    Sec. 7066. Not later than 180 days after the date of enactment of 
this Act, the Secretary of State shall submit a report to the 
Committees on Appropriations detailing the total amount of United 
States Government expenditures in fiscal years 2007 and 2008, by 
Federal agency, for assistance programs and activities in each foreign 
country, identifying the line item as presented in the President's 
Budget Appendix and the purpose for which the funds were provided: 
Provided, That if required, information may be submitted in classified 
form.

                         requests for documents

    Sec. 7067. None of the funds appropriated or made available 
pursuant to titles III through VI of this Act shall be available to a 
nongovernmental organization, including any contractor, which fails to 
provide upon timely request any document, file, or record necessary to 
the auditing requirements of the United States Agency for International 
Development.


                      senior policy operating group

    Sec. 7068. (a) The Senior Policy Operating Group on Trafficking in 
Persons, established under section 105(f) of the Victims of Trafficking 
and Violence Protection Act of 2000 (22 U.S.C. 7103(f)) to coordinate 
agency activities regarding policies (including grants and grant 
policies) involving the international trafficking in persons, shall 
coordinate all such policies related to the activities of traffickers 
and victims of severe forms of trafficking.
    (b) None of the funds provided under title I of this or any other 
Act making appropriations for the Department of State, foreign 
operations, and related programs shall be expended to perform functions 
that duplicate coordinating responsibilities of the Operating Group.
    (c) The Operating Group shall continue to report only to the 
authorities that appointed them pursuant to section 105(f).

                     prohibition on use of torture

    Sec. 7069. None of the funds made available in this Act shall be 
used in any way whatsoever to support or justify the use of torture, 
cruel or inhumane treatment by any official or contract employee of the 
United States Government.

                                 africa

    Sec. 7070. (a) Expanded International Military Education and 
Training.--
        (1) Funds appropriated under the heading ``International 
    Military Education and Training'' in this Act that are made 
    available for assistance for Angola, Cameroon, Central African 
    Republic, Chad, Cote D'Ivoire, and Guinea may be made available 
    only for expanded international military education and training.
        (2) None of the funds appropriated under the heading 
    ``International Military Education and Training'' in this Act may 
    be made available for assistance for Equatorial Guinea.
    (b)(1) Sudan Limitation on Assistance.--Subject to subsection (2):
        (A) Notwithstanding any other provision of law, none of the 
    funds appropriated by this Act may be made available for assistance 
    for the Government of Sudan.
        (B) None of the funds appropriated by this Act may be made 
    available for the cost, as defined in section 502, of the 
    Congressional Budget Act of 1974, of modifying loans and loan 
    guarantees held by the Government of Sudan, including the cost of 
    selling, reducing, or canceling amounts owed to the United States, 
    and modifying concessional loans, guarantees, and credit 
    agreements.
    (2) Subsection (b)(1) shall not apply if the Secretary of State 
determines and certifies to the Committees on Appropriations that:
        (A) The Government of Sudan honors its pledges to cease attacks 
    upon civilians and disarms and demobilizes the Janjaweed and other 
    government-supported militias.
        (B) The Government of Sudan and all government-supported 
    militia groups are honoring their commitments made in all previous 
    cease-fire agreements.
        (C) The Government of Sudan is allowing unimpeded access to 
    Darfur to humanitarian aid organizations, the human rights 
    investigation and humanitarian teams of the United Nations, 
    including protection officers, and an international monitoring team 
    that is based in Darfur and has the support of the United States.
    (3) Exceptions.--The provisions of subsection (b)(1) shall not 
apply to--
        (A) humanitarian assistance;
        (B) assistance for the Darfur region, Southern Sudan, Southern 
    Kordofan/Nuba Mountains State, Blue Nile State, and Abyei; and
        (C) assistance to support implementation of the Comprehensive 
    Peace Agreement and the Darfur Peace Agreement or any other 
    internationally-recognized viable peace agreement in Sudan.
    (4) Definitions.--For the purposes of this Act, the term 
``Government of Sudan'' shall not include the Government of Southern 
Sudan.
    (5) Notwithstanding any other law, assistance in this Act may be 
made available to the Government of Southern Sudan to provide non-
lethal military assistance, military education and training, and 
defense services controlled under the International Traffic in Arms 
Regulations (22 CRF 120.1 et seq.) if the Secretary of State--
        (A) determines that the provision of such items is in the 
    national interest of the United States; and
        (B) not later than 15 days before the provision of any such 
    assistance, notifies the Committees on Appropriations of such 
    determination.
    (c) Horn of Africa and Pan Sahel Program.--Funds appropriated under 
the heading ``Economic Support Fund'' in this Act that are made 
available for programs and activities to counter extremism in the Horn 
of Africa and the Pan Sahel region of Africa, shall be administered by 
the United States Agency for International Development, and are in 
addition to funds otherwise made available for such purposes.
(d) War Crimes in Africa.--
        (1) The Congress reaffirms its support for the efforts of the 
    International Criminal Tribunal for Rwanda (ICTR) and the Special 
    Court for Sierra Leone (SCSL) to bring to justice individuals 
    responsible for war crimes and crimes against humanity in a timely 
    manner.
        (2) Funds appropriated by this Act, including funds for debt 
    restructuring, may be made available for assistance for the central 
    government of a country in which individuals indicted by ICTR and 
    SCSL are credibly alleged to be living, if the Secretary of State 
    determines and reports to the Committees on Appropriations that 
    such government is cooperating with ICTR and SCSL, including the 
    surrender and transfer of indictees in a timely manner: Provided, 
    That this subsection shall not apply to assistance provided under 
    section 551 of the Foreign Assistance Act of 1961 or to project 
    assistance under title VI of this Act: Provided further, That the 
    United States shall use its voice and vote in the United Nations 
    Security Council to fully support efforts by ICTR and SCSL to bring 
    to justice individuals indicted by such tribunals in a timely 
    manner.
        (3) The prohibition in subsection (2) may be waived on a 
    country-by-country basis if the President determines that doing so 
    is in the national security interest of the United States: 
    Provided, That prior to exercising such waiver authority, the 
    President shall submit a report to the Committees on 
    Appropriations, in classified form if necessary, on--
            (A) the steps being taken to obtain the cooperation of the 
        government in surrendering the indictee in question to the 
        court of jurisdiction;
            (B) a strategy, including a timeline, for bringing the 
        indictee before such court; and
            (C) the justification for exercising the waiver authority.
    (e) Zimbabwe.--
        (1) The Secretary of the Treasury shall instruct the United 
    States executive director to each international financial 
    institution to vote against any extension by the respective 
    institution of any loans to the Government of Zimbabwe, except to 
    meet basic human needs or to promote democracy, unless the 
    Secretary of State determines and reports in writing to the 
    Committees on Appropriations that the rule of law has been restored 
    in Zimbabwe, including respect for ownership and title to property, 
    freedom of speech and association, and a transition government has 
    been established that reflects the will of the people as they voted 
    in the March 2008 elections.
        (2) None of the funds appropriated by this Act shall be made 
    available for assistance for the central government of Zimbabwe 
    unless the Secretary of State makes the determination pursuant to 
    subsection (e)(1).

                                  asia

    Sec. 7071. (a) Tibet.--
        (1) The Secretary of the Treasury should instruct the United 
    States executive director to each international financial 
    institution to use the voice and vote of the United States to 
    support projects in Tibet if such projects do not provide 
    incentives for the migration and settlement of non-Tibetans into 
    Tibet or facilitate the transfer of ownership of Tibetan land and 
    natural resources to non-Tibetans; are based on a thorough needs-
    assessment; foster self-sufficiency of the Tibetan people and 
    respect Tibetan culture and traditions; and are subject to 
    effective monitoring.
        (2) Notwithstanding any other provision of law, not less than 
    $7,300,000 of the funds appropriated by this Act under the heading 
    ``Economic Support Fund'' should be made available to 
    nongovernmental organizations to support activities which preserve 
    cultural traditions and promote sustainable development and 
    environmental conservation in Tibetan communities in the Tibetan 
    Autonomous Region and in other Tibetan communities in China.
    (b) Burma.--
        (1) The Secretary of the Treasury shall instruct the United 
    States executive director to each appropriate international 
    financial institution in which the United States participates, to 
    oppose and vote against the extension by such institution any loan 
    or financial or technical assistance or any other utilization of 
    funds of the respective bank to and for Burma.
        (2) Of the funds appropriated by this Act under the heading 
    ``Economic Support Fund'', not less than $15,000,000 shall be made 
    available to support democracy activities in Burma, along the 
    Burma-Thailand border, for activities of Burmese student groups and 
    other organizations located outside Burma, and for the purpose of 
    supporting the provision of humanitarian assistance to displaced 
    Burmese along Burma's borders: Provided, That such funds may be 
    made available notwithstanding any other provision of law: Provided 
    further, That in addition to assistance for Burmese refugees 
    provided under the heading ``Migration and Refugee Assistance'' in 
    this Act, not less than $4,000,000 shall be made available for 
    community-based organizations operating in Thailand to provide 
    food, medical and other humanitarian assistance to internally 
    displaced persons in eastern Burma: Provided further, That funds 
    made available under this paragraph shall be subject to the regular 
    notification procedures of the Committees on Appropriations.
    (c) Indonesia.--
        (1) Of the funds appropriated by this Act under the heading 
    ``Foreign Military Financing Program'', not to exceed $15,700,000 
    shall be made available for assistance for Indonesia, of which 
    $2,000,000 shall be made available only after the Secretary of 
    State submits to the Committees on Appropriations the report on 
    Indonesia detailed in the explanatory statement described in 
    section 4 (in the matter preceding division A of this consolidated 
    Act) under such heading.
        (2) Of the funds appropriated by this Act under the heading 
    ``Economic Support Fund'' that are available for assistance for 
    Indonesia, not less than $300,000 should be made available for 
    grants for capacity building of Indonesian human rights 
    organizations, including in Papua.
    (d) Cambodia.--Funds appropriated under the heading ``Economic 
Support Fund'' in this Act for assistance for Cambodia may be used for 
an endowment, and shall be made available to strengthen the capacity of 
the Government of Cambodia to combat human trafficking, notwithstanding 
any other provision of law.
    (e) North Korea.--
        (1) Funds made available under the heading ``Migration and 
    Refugee Assistance'' in this Act shall be made available for 
    assistance for refugees from North Korea.
        (2) Of the funds made available under the heading 
    ``International Broadcasting Operations'' in title I of this Act, 
    not less than $8,000,000 shall be made available for broadcasts 
    into North Korea.
        (3) None of the funds made available under the heading 
    ``Economic Support Fund'' in fiscal year 2009 may be made available 
    for obligation for energy-related assistance for North Korea unless 
    the Secretary of State determines and reports to the Committees on 
    Appropriations that North Korea is continuing to fulfill its 
    commitments under the Six Party Talks agreements.
    (f) People's Republic of China.--
        (1) Notwithstanding any other provision of law and subject to 
    the regular notification procedures of the Committees on 
    Appropriations, of the funds appropriated under the heading 
    ``Development Assistance'' in this Act, not less than $11,000,000 
    shall be made available to United States educational institutions 
    and nongovernmental organizations for programs and activities in 
    the People's Republic of China relating to the environment, 
    governance and the rule of law.
        (2) None of the funds appropriated under the heading 
    ``Diplomatic and Consular Programs'' in this Act may be obligated 
    or expended for processing licenses for the export of satellites of 
    United States origin (including commercial satellites and satellite 
    components) to the People's Republic of China unless, at least 15 
    days in advance, the Committees on Appropriations are notified of 
    such proposed action.
        (3) Not later than 180 days after enactment of this Act, the 
    Secretary of State shall submit a report to the Committees on 
    Appropriations detailing, to the extent practicable, the amount of 
    assistance provided by the People's Republic of China to 
    governments and entities in Latin America and Africa during the 
    previous calendar year, and shall make such report publicly 
    available in a timely manner on the website of the Department of 
    State and the United States Agency for International Development in 
    English and Mandarin.
        (4) Of the funds appropriated under the heading ``Diplomatic 
    and Consular Programs'' in this Act, $1,000,000 shall be made 
    available to the Bureau of International Information Programs to 
    disseminate information, in Mandarin, in the People's Republic of 
    China: Provided, That such information shall include issues of 
    governance, transparency, corruption, rule of law, and the 
    environment, and the findings of the report required by paragraph 
    (3) of this subsection, and shall be disseminated through the 
    Internet, text messaging or other means, and directed to 
    economically depressed areas of the People's Republic of China: 
    Provided further, That such funds are in addition to funds 
    otherwise made available for such purposes: Provided further, That 
    the Department of State shall consult with the Committees on 
    Appropriations prior to the initial obligation of funds made 
    available by this subsection.
        (5) The terms and requirements of section 620(h) of the Foreign 
    Assistance Act of 1961 shall apply to foreign assistance projects 
    or activities of the People's Liberation Army (PLA) of the People's 
    Republic of China, to include such projects or activities by any 
    entity that is owned or controlled by, or an affiliate of, the PLA: 
    Provided, That none of the funds appropriated or otherwise made 
    available pursuant to this Act may be used to finance any grant, 
    contract, or cooperative agreement with the PLA, or any entity that 
    the Secretary of State has reason to believe is owned or controlled 
    by, or an affiliate of, the PLA.
    (g) Philippines.--Of the funds appropriated by this Act under the 
heading ``Foreign Military Financing Program'', not to exceed 
$30,000,000 may be made available for assistance for the Philippines, 
of which $2,000,000 may not be obligated until the Secretary of State 
reports in writing to the Committees on Appropriations that--
        (1) the Government of the Philippines is taking effective steps 
    to implement the recommendations of the United Nations Special 
    Rapporteur on Extra-judicial, Summary or Arbitrary Executions, to 
    include prosecutions and convictions for extrajudicial executions; 
    sustaining the decline in the number of extra-judicial executions; 
    addressing allegations of a death squad in Davao City; and 
    strengthening government institutions working to eliminate extra-
    judicial executions;
        (2) the Government of the Philippines is implementing a policy 
    of promoting military personnel who demonstrate professionalism and 
    respect for internationally recognized human rights, and is 
    investigating and prosecuting military personnel and others who 
    have been credibly alleged to have violated such rights; and
        (3) the Philippine Armed Forces do not have a policy of, and 
    are not engaging in, acts of intimidation or violence against 
    members of legal organizations who advocate for human rights.
    (h) Vietnam.--Notwithstanding any other provision of law, funds 
appropriated under the heading ``Development Assistance'' in this Act 
may be made available for programs and activities in the central 
highlands of Vietnam, and shall be made available for environmental 
remediation and related health activities in Vietnam.


                                  serbia

    Sec. 7072. (a) Funds appropriated by this Act may be made available 
for assistance for the central Government of Serbia after May 31, 2009, 
if the President has made the determination and certification contained 
in subsection (c).
    (b) After May 31, 2009, the Secretary of the Treasury should 
instruct the United States executive directors to the international 
financial institutions to support loans and assistance to the 
Government of Serbia subject to the conditions in subsection (c).
    (c) The determination and certification referred to in subsection 
(a) is a determination and a certification by the President to the 
Committees on Appropriations that the Government of Serbia is--
        (1) cooperating with the International Criminal Tribunal for 
    the former Yugoslavia including access for investigators, the 
    provision of documents, timely information on the location, 
    movement, and sources of financial support of indictees, and the 
    surrender and transfer of indictees or assistance in their 
    apprehension, including Ratko Mladic;
        (2) taking steps that are consistent with the Dayton Accords to 
    end Serbian financial, political, security and other support which 
    has served to maintain separate Republika Srpska institutions; and
        (3) taking steps to implement policies which reflect a respect 
    for minority rights and the rule of law.
    (d) This section shall not apply humanitarian assistance or 
assistance to promote democracy.

             independent states of the former soviet union

    Sec. 7073. (a) None of the funds appropriated under the heading 
``Assistance for Europe, Eurasia and Central Asia'' shall be made 
available for assistance for a government of an Independent State of 
the former Soviet Union if that government directs any action in 
violation of the territorial integrity or national sovereignty of any 
other Independent State of the former Soviet Union, such as those 
violations included in the Helsinki Final Act: Provided, That such 
funds may be made available without regard to the restriction in this 
subsection if the President determines that to do so is in the national 
security interest of the United States.
    (b) Funds appropriated under the heading ``Assistance for Europe, 
Eurasia and Central Asia'' for the Russian Federation, Armenia, 
Kazakhstan, and Uzbekistan shall be subject to the regular notification 
procedures of the Committees on Appropriations.
    (c)(1) Of the funds appropriated under the heading ``Assistance for 
Europe, Eurasia and Central Asia'' that are allocated for assistance 
for the Government of the Russian Federation, 60 percent shall be 
withheld from obligation until the President determines and certifies 
in writing to the Committees on Appropriations that the Government of 
the Russian Federation--
        (A) has terminated implementation of arrangements to provide 
    Iran with technical expertise, training, technology, or equipment 
    necessary to develop a nuclear reactor, related nuclear research 
    facilities or programs, or ballistic missile capability; and
        (B) is providing full access to international non-government 
    organizations providing humanitarian relief to refugees and 
    internally displaced persons in Chechnya.
    (2) Paragraph (1) shall not apply to--
        (A) assistance to combat infectious diseases, child survival 
    activities, or assistance for victims of trafficking in persons; 
    and
        (B) activities authorized under title V (Nonproliferation and 
    Disarmament Programs and Activities) of the FREEDOM Support Act.
    (d) Section 907 of the FREEDOM Support Act shall not apply to--
        (1) activities to support democracy or assistance under title V 
    of the FREEDOM Support Act and section 1424 of Public Law 104-201 
    or non-proliferation assistance;
        (2) any assistance provided by the Trade and Development Agency 
    under section 661 of the Foreign Assistance Act of 1961 (22 U.S.C. 
    2421);
        (3) any activity carried out by a member of the United States 
    and Foreign Commercial Service while acting within his or her 
    official capacity;
        (4) any insurance, reinsurance, guarantee or other assistance 
    provided by the Overseas Private Investment Corporation under title 
    IV of chapter 2 of part I of the Foreign Assistance Act of 1961 (22 
    U.S.C. 2191 et seq.);
        (5) any financing provided under the Export-Import Bank Act of 
    1945; or
        (6) humanitarian assistance.

                  repression in the russian federation

    Sec. 7074. (a) None of the funds appropriated under the heading 
``Assistance for Europe, Eurasia and Central Asia'' in this Act may be 
made available for the Government of the Russian Federation, after 180 
days from the date of the enactment of this Act, unless the President 
determines and certifies in writing to the Committees on Appropriations 
that the Government of the Russian Federation: (1) has implemented no 
statute, Executive order, regulation or similar government action that 
would discriminate, or which has as its principal effect 
discrimination, against religious groups or religious communities in 
the Russian Federation in violation of accepted international 
agreements on human rights and religious freedoms to which the Russian 
Federation is a party; and (2) is (A) honoring its international 
obligations regarding freedom of expression, assembly, and press, as 
well as due process; (B) investigating and prosecuting law enforcement 
personnel credibly alleged to have committed human rights abuses 
against political leaders, activists and journalists; and (C) 
immediately releasing political leaders, activists and journalists who 
remain in detention.
    (b) The Secretary of State may waive the requirements of subsection 
(a) if the Secretary determines that to do so is important to the 
national interests of the United States.

                              central asia

    Sec. 7075. (a) Funds appropriated by this Act may be made available 
for assistance for the Government of Kazakhstan only if the Secretary 
of State determines and reports to the Committees on Appropriations 
that the Government of Kazakhstan has made significant improvements in 
the protection of human rights and civil liberties during the preceding 
6 month period, including by fulfilling obligations recommended by the 
Organization for Security and Cooperation in Europe (OSCE) in the areas 
of election procedures, media freedom, freedom of religion, free 
assembly and minority rights, and by meeting the commitments it made in 
connection with its assumption of the Chairmanship of the OSCE in 2010.
    (b) The Secretary of State may waive subsection (a) if the 
Secretary determines and reports to the Committees on Appropriations 
that such a waiver is important to the national security of the United 
States.
    (c) Not later than October 1, 2009, the Secretary of State shall 
submit a report to the Committees on Appropriations describing the 
following:
        (1) The defense articles, defense services, and financial 
    assistance provided by the United States to the countries of 
    Central Asia during the 12-month period ending 30 days prior to 
    submission of such report.
        (2) The use during such period of defense articles, defense 
    services, and financial assistance provided by the United States by 
    units of the armed forces, border guards, or other security forces 
    of such countries.
    (d) For purposes of this section, the term ``countries of Central 
Asia'' means Uzbekistan, Kazakhstan, Kyrgyz Republic, Tajikistan, and 
Turkmenistan.

                               uzbekistan

    Sec. 7076. (a) Funds appropriated by this Act may be made available 
for assistance for the central Government of Uzbekistan only if the 
Secretary of State determines and reports to the Committees on 
Appropriations that the Government of Uzbekistan is making substantial 
and continuing progress--
        (1) in meeting its commitments under the ``Declaration on the 
    Strategic Partnership and Cooperation Framework Between the 
    Republic of Uzbekistan and the United States of America'', 
    including respect for internationally recognized human rights, 
    establishing a genuine multi-party system, and ensuring free and 
    fair elections, freedom of expression, and the independence of the 
    media; and
        (2) in investigating and prosecuting the individuals 
    responsible for the deliberate killings of civilians in Andijan in 
    May 2005.
    (b) If the Secretary of State has credible evidence that any 
current or former official of the Government of Uzbekistan was 
responsible for the deliberate killings of civilians in Andijan in May 
2005, or for other violations of internationally recognized human 
rights in Uzbekistan, not later than 6 months after enactment of this 
Act any person identified by the Secretary pursuant to this subsection 
shall be ineligible for admission to the United States.
    (c) The restriction in subsection (b) shall cease to apply if the 
Secretary determines and reports to the Committees on Appropriations 
that the Government of Uzbekistan has taken concrete and measurable 
steps to improve respect for internationally recognized human rights, 
including allowing peaceful political and religious expression, 
releasing imprisoned human rights defenders, and implementing 
recommendations made by the United Nations on torture.
    (d) The Secretary may waive the application of subsection (b) if 
the Secretary determines that admission to the United States is 
necessary to attend the United Nations or to further United States law 
enforcement objectives.
    (e) For the purpose of this section ``assistance'' shall include 
excess defense articles.

                              afghanistan

    Sec. 7077. Of the funds appropriated under titles III and IV of 
this Act, not less than $1,041,950,000 should be made available for 
assistance for Afghanistan, of which not less than $100,000,000 shall 
be made available to support programs that directly address the needs 
of Afghan women and girls, including for the Afghan Independent Human 
Rights Commission, the Afghan Ministry of Women's Affairs, and for 
women-led nonprofit organizations in Afghanistan.

                            enterprise funds

    Sec. 7078. (a) Prior to the distribution of any assets resulting 
from any liquidation, dissolution, or winding up of an Enterprise Fund, 
in whole or in part, the President shall submit to the Committees on 
Appropriations, in accordance with the regular notification procedures 
of the Committees on Appropriations, a plan for the distribution of the 
assets of the Enterprise Fund.
    (b) Funds made available under titles III through VI of this Act 
for Enterprise Funds shall be expended at the minimum rate necessary to 
make timely payment for projects and activities and shall be subject to 
the regular notification procedures of the Committees on 
Appropriations.

                     united nations population fund

    Sec. 7079. (a) Contribution.--Of the funds made available under the 
headings ``International Organizations and Programs'' and ``Global 
Health and Child Survival'' in this Act for fiscal year 2009, 
$50,000,000 shall be made available for the United Nations Population 
Fund (UNFPA), of which not more than $30,000,000 shall be derived from 
funds appropriated under the heading ``International Organizations and 
Programs''.
    (b) Availability of Funds.--Funds appropriated by this Act for 
UNFPA, that are not made available because of the operation of any 
provision of law, shall be made available to UNFPA notwithstanding any 
such provision of law, subject to the regular notification procedures 
of the Committees on Appropriations, only for the following purposes 
and subject to the provisions of this section--
        (1) provide and distribute equipment, medicine, and supplies, 
    including safe delivery kits and hygiene kits, to ensure safe 
    childbirth and emergency obstetric care;
        (2) make available supplies of contraceptives for the 
    prevention of unintended pregnancies and the spread of sexually 
    transmitted infections, including HIV/AIDS;
        (3) prevent and treat cases of obstetric fistula;
        (4) reestablish maternal health services in areas where medical 
    infrastructure and such services have been destroyed or limited by 
    natural disasters, armed conflict, or other factors;
        (5) promote abandonment of female genital mutilation and 
    cutting and child marriage; and
        (6) promote access to basic services, including clean water, 
    sanitation facilities, food, and health care, for poor women and 
    girls.
    (c) Prohibition on Use of Funds in China.--None of the funds made 
available by this Act may be used by UNFPA for a country program in the 
People's Republic of China.
    (d) Conditions on Availability of Funds.--Funds made available by 
this Act for UNFPA may be made available if--
        (1) UNFPA maintains funds made available by this Act in an 
    account separate from other accounts of UNFPA and does not 
    commingle such funds with other sums; and
        (2) UNFPA does not fund abortions.
    (e) Report to Congress and Witholding of Funds.--
        (1) Not later than 60 days after the date of enactment of this 
    Act, the Secretary of State shall submit a report to the Committees 
    on Appropriations indicating the amount of funds that the UNFPA is 
    budgeting for the year in which the report is submitted for a 
    country program in the People's Republic of China.
        (2) If the report under this subparagraph indicates that the 
    UNFPA plans to spend funds for a country program in the People's 
    Republic of China in the year covered by the report, then the 
    amount of such funds the UNFPA plans to spend in the People's 
    Republic of China shall be deducted from the funds made available 
    to the UNFPA after March 1 for obligation for the remainder of the 
    fiscal year in which the report is submitted.


                  prohibition on publicity or propaganda

    Sec. 7080. No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes within the United States 
not authorized before the date of the enactment of this Act by the 
Congress: Provided, That not to exceed $25,000 may be made available to 
carry out the provisions of section 316 of Public Law 96-533.


                                   opic

                      (including transfer of funds)

    Sec. 7081. (a) Authority.--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 September 30, 2009.
    (b) Funding.--Whenever the President determines that it is in 
furtherance of the purposes of the Foreign Assistance Act of 1961, up 
to a total of $20,000,000 of the funds appropriated under title III of 
this Act may be transferred to, and merged with, funds appropriated by 
this Act for the Overseas Private Investment Corporation Program 
Account, to be subject to the terms and conditions of that account: 
Provided, That such funds shall not be available for administrative 
expenses of the Overseas Private Investment Corporation: Provided 
further, That designated funding levels in this Act shall not be 
transferred pursuant to this section: Provided further, That the 
exercise of such authority shall be subject to the regular notification 
procedures of the Committees on Appropriations.

                              extradition

    Sec. 7082. (a) None of the funds appropriated in this Act may be 
used to provide assistance (other than funds provided under the 
headings ``International Narcotics Control and Law Enforcement'', 
``Migration and Refugee Assistance'', ``Emergency Migration and Refugee 
Assistance'', and ``Nonproliferation, Anti-terrorism, Demining and 
Related Assistance'') for the central government of a country which has 
notified the Department of State of its refusal to extradite to the 
United States any individual indicted for a criminal offense for which 
the maximum penalty is life imprisonment without the possibility of 
parole or for killing a law enforcement officer, as specified in a 
United States extradition request.
    (b) Subsection (a) shall only apply to the central government of a 
country with which the United States maintains diplomatic relations and 
with which the United States has an extradition treaty and the 
government of that country is in violation of the terms and conditions 
of the treaty.
    (c) The Secretary of State may waive the restriction in subsection 
(a) on a case-by-case basis if the Secretary certifies to the 
Committees on Appropriations that such waiver is important to the 
national interests of the United States.


                          ENERGY AND ENVIRONMENT

    Sec. 7083. (a) Clean Energy.--Of the funds appropriated by title 
III of this Act, not less than $100,000,000 shall be made available to 
the United States Agency for International Development (USAID), in 
addition to funds otherwise made available for such purposes, for 
programs and activities that reduce global warming by promoting the 
sustainable use of renewable energy technologies and energy efficient 
end-use technologies, carbon sequestration, and carbon accounting.
    (b) Climate Change Adaptation.--Of the funds appropriated by this 
Act, up to $10,000,000 shall be made available for a United States 
contribution to the Least Developed Countries Fund to support grants 
for climate change adaptation programs and activities, if the Global 
Environment Facility makes publicly available on its website an annual 
report detailing the criteria used to determine which programs and 
activities receive funds, the manner in which such programs and 
activities meet such criteria, the extent of local involvement in such 
programs and activities, the amount of funds provided, and the results 
achieved.
    (c) Biodiversity.--Of the funds appropriated by title III of this 
Act and by prior Acts for fiscal year 2009, not less than $195,000,000 
shall be made available for programs and activities which directly 
protect biodiversity, including tropical forests and wildlife, in 
developing countries, of which not less than $25,000,000 shall be made 
available for USAID's conservation programs in the Amazon Basin: 
Provided, That of the funds made available under this paragraph, not 
less than $17,500,000 shall be made available for the Congo Basin 
Forest Partnership of which not less than $2,500,000 shall be made 
available to the United States Fish and Wildlife Service for 
conservation programs in Africa: Provided further, That funds 
appropriated by this Act to carry out the provisions of sections 103 
through 106, and chapter 4 of part II, of the Foreign Assistance Act of 
1961 may be used, notwithstanding any other provision of law, for the 
purpose of supporting tropical forestry and biodiversity conservation 
activities and energy programs aimed at reducing greenhouse gas 
emissions: Provided further, That funds appropriated under the heading 
``Development Assistance'' may be made available as a contribution to 
the Galapagos Invasive Species Fund.
    (d)(1) Extraction of Natural Resources.--The Secretary of the 
Treasury shall inform the managements of the international financial 
institutions and the public that it is the policy of the United States 
to oppose any assistance by such institutions (including but not 
limited to any loan, credit, grant, or guarantee) for the extraction 
and export of oil, gas, coal, timber, or other natural resource unless 
the government of the country has in place functioning systems for: (i) 
accurately accounting for payments for companies involved in the 
extraction and export of natural resources; (ii) the independent 
auditing of accounts receiving such payments and the widespread public 
dissemination of the findings of such audits; and (iii) verifying 
government receipts against company payments including widespread 
dissemination of such payment information, and disclosing such 
documents as Host Government Agreements, Concession Agreements, and 
bidding documents, allowing in any such dissemination or disclosure for 
the redaction of, or exceptions for, information that is commercially 
proprietary or that would create competitive disadvantage.
    (2) Not later than 180 days after the enactment of this Act, the 
Secretary of the Treasury shall submit a report to the Committees on 
Appropriations describing, for each international financial 
institution, the amount and type of assistance provided, by country, 
for the extraction and export of oil, gas, coal, timber, or other 
natural resources in the preceeding 12 months, and whether each 
institution considered, in its proposal for such assistance, the extent 
to which the country has functioning systems described in paragraph 
(1).

                  prohibition on promotion of tobacco

    Sec. 7084. None of the funds provided by this Act shall be 
available to promote the sale or export of tobacco or tobacco products, 
or to seek the reduction or removal by any foreign country of 
restrictions on the marketing of tobacco or tobacco products, except 
for restrictions which are not applied equally to all tobacco or 
tobacco products of the same type.


                  commercial leasing of defense articles

    Sec. 7085. Notwithstanding any other provision of law, and subject 
to the regular notification procedures of the Committees on 
Appropriations, the authority of section 23(a) of the Arms Export 
Control Act may be used to provide financing to Israel, Egypt and NATO 
and major non-NATO allies for the procurement by leasing (including 
leasing with an option to purchase) of defense articles from United 
States commercial suppliers, not including Major Defense Equipment 
(other than helicopters and other types of aircraft having possible 
civilian application), if the President determines that there are 
compelling foreign policy or national security reasons for those 
defense articles being provided by commercial lease rather than by 
government-to-government sale under such Act.


                             anti-kleptocracy

    Sec. 7086. (a) In furtherance of the National Strategy to 
Internationalize Efforts Against Kleptocracy and Presidential 
Proclamation 7750, the Secretary of State shall compile and maintain a 
list of officials of foreign governments and their immediate family 
members who the Secretary has credible evidence have been involved in 
corruption relating to the extraction of natural resources in their 
countries.
    (b) Any individual on the list compiled under subsection (a) shall 
be ineligible for admission to the United States.
    (c) The Secretary may waive the application of subsection (b) if 
the Secretary determines that admission to the United States is 
necessary to attend the United Nations or to further United States law 
enforcement objectives, or that the circumstances which caused the 
individual to be included on the list have changed sufficiently to 
justify the removal of the individual from the list.
    (d) Not later than 90 days after enactment of this Act and 180 days 
thereafter, the Secretary of State shall report in writing, in 
classified form if necessary, to the Committees on Appropriations 
describing the evidence of corruption concerning individuals listed 
pursuant to subsection (a).


                      training and equipment reports

    Sec. 7087. (a) The annual foreign military training report required 
by section 656 of the Foreign Assistance Act of 1961 shall be submitted 
by the Secretary of Defense and the Secretary of State to the 
Committees on Appropriations by the date specified in that section.
    (b) Not later than 90 days after enactment of this Act, the 
Secretary of State, in consultation with other relevant United States 
Government agencies, shall submit to the Committees on Appropriations a 
report detailing the equipment to be purchased with funds appropriated 
or otherwise made available under the headings ``Andean Counterdrug 
Programs'', ``International Narcotics Control and Law Enforcement'', 
and ``Foreign Military Financing Program'' in this Act: Provided, That 
such report shall include a description of the anticipated costs 
associated with the operation and maintenance of such equipment in 
subsequent fiscal years: Provided further, That for the purposes of 
this subsection, ``equipment'' shall be defined as any aircraft, 
vessel, boat or vehicle.


                     TRANSPARENCY AND ACCOUNTABILITY

    Sec. 7088. (a) United Nations.--Funds made available by this Act 
shall be made available to continue reform efforts at the United 
Nations: Provided, That not later than September 30, 2009, the 
Secretary of State shall submit a report to the Committees on 
Appropriations detailing actions taken by United Nations organizations 
under the headings ``Contributions to International Organizations'' and 
``International Organizations and Programs'' to continue reform of 
United Nations financial management systems and program oversight.
    (b) World Bank.--Section 668(c)(1) of the Consolidated 
Appropriations Act, 2008 (Public Law 110-161) is amended by striking 
``that'' and inserting ``on the extent to which''.
    (c) National Budget Transparency.--
        (1) None of the funds appropriated by this Act may be made 
    available for assistance for the central government of any country 
    that fails to make publicly available on an annual basis its 
    national budget, to include income and expenditures.
        (2) The Secretary of State may waive the requirements of 
    paragraph (1) on a country-by-country basis if the Secretary 
    reports to the Committees on Appropriations that to do so is 
    important to the national interest of the United States.


                           disability programs

    Sec. 7089. (a) Of the funds appropriated by this Act under the 
heading ``Economic Support Fund'', not less than $4,000,000 shall be 
made available for programs and activities administered by the United 
States Agency for International Development (USAID) to address the 
needs and protect the rights of people with disabilities in developing 
countries, and for programs to make publicly available information on 
independent living, advocacy, education, and transportation for people 
with disabilities and disability advocacy organizations in developing 
countries, including for the cost of translation.
    (b) Funds appropriated under the heading ``Operating Expenses'' in 
title II of this Act shall be made available to develop and implement 
training for staff in overseas USAID missions to promote the full 
inclusion and equal participation of people with disabilities in 
developing countries.
    (c) The Secretary of State, the Secretary of the Treasury, and the 
USAID Administrator shall seek to ensure that, where appropriate, 
construction projects funded by this Act are accessible to people with 
disabilities and in compliance with the USAID Policy on Standards for 
Accessibility for the Disabled, or other similar accessibility 
standards.
    (d) Of the funds made available pursuant to subsection (a), not 
more than 7 percent may be for management, oversight and technical 
support.


                ORPHANS, DISPLACED AND ABANDONED CHILDREN

    Sec. 7090. Of the funds appropriated under title III of this Act, 
$3,000,000 should be made available for activities to improve the 
capacity of foreign government agencies and nongovernmental 
organizations to prevent child abandonment, address the needs of 
orphans, displaced and abandoned children and provide permanent homes 
through family reunification, guardianship and domestic adoptions: 
Provided, That funds made available under title III of this Act should 
be made available, as appropriate, consistent with--
        (1) the goal of enabling children to remain in the care of 
    their family of origin, but when not possible, placing children in 
    permanent homes through adoption;
        (2) the principle that such placements should be based on 
    informed consent which has not been induced by payment or 
    compensation;
        (3) the view that long-term foster care or institutionalization 
    are not permanent options and should be used when no other suitable 
    permanent options are available; and
        (4) the recognition that programs that protect and support 
    families can reduce the abandonment and exploitation of children.


                                SRI LANKA

    Sec. 7091. (a) None of the funds appropriated by this Act under the 
heading ``Foreign Military Financing Program'' may be made available 
for assistance for Sri Lanka, no defense export license may be issued, 
and no military equipment or technology shall be sold or transferred to 
Sri Lanka pursuant to the authorities contained in this Act or any 
other Act, until the Secretary of State certifies to the Committee on 
Appropriations that--
        (1) the Sri Lankan military is suspending and the Government of 
    Sri Lanka is bringing to justice members of the military who have 
    been credibly alleged to have violated internationally recognized 
    human rights or international humanitarian law, including 
    complicity in the recruitment of child soldiers;
        (2) the Government of Sri Lanka is providing access to 
    humanitarian organizations and journalists throughout the country 
    consistent with international humanitarian law; and
        (3) the Government of Sri Lanka has agreed to the establishment 
    of a field presence of the Office of the United Nations High 
    Commissioner for Human Rights in Sri Lanka with sufficient staff 
    and mandate to conduct full and unfettered monitoring throughout 
    the country and to publicize its findings.
    (b) Subsection (a) shall not apply to technology or equipment made 
available for the limited purposes of maritime and air surveillance, 
including communications equipment previously committed or approved for 
the limited purposes of air and maritime surveillance.

                     export-import bank rescission

                        (including rescissions)

    Sec. 7092. (a) Of the funds appropriated under the heading 
``Subsidy Appropriation'' for the Export-Import Bank of the United 
States that are available for tied-aid grants in prior Acts making 
appropriations for foreign operations, export financing, and related 
programs, $17,000,000 are rescinded.
    (b) Of the unobligated balances available under the heading 
``Subsidy Appropriation'' for the Export-Import Bank of the United 
States in Public Law 109-102, $27,000,000 are rescinded.
    This division may be cited as the ``Department of State, Foreign 
Operations, and Related Programs Appropriations Act, 2009''.

DIVISION I--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED 
                    AGENCIES APPROPRIATONS ACT, 2009

                                TITLE I

                      DEPARTMENT OF TRANSPORTATION

                        Office of the Secretary


                          salaries and expenses

    For necessary expenses of the Office of the Secretary, $98,248,000, 
of which not to exceed $2,400,000 shall be available for the immediate 
Office of the Secretary; not to exceed $759,000 shall be available for 
the immediate Office of the Deputy Secretary; not to exceed $19,838,000 
shall be available for the Office of the General Counsel; not to exceed 
$10,107,000 shall be available for the Office of the Under Secretary of 
Transportation for Policy; not to exceed $10,200,000 shall be available 
for the Office of the Assistant Secretary for Budget and Programs; not 
to exceed $2,400,000 shall be available for the Office of the Assistant 
Secretary for Governmental Affairs; not to exceed $26,000,000 shall be 
available for the Office of the Assistant Secretary for Administration; 
not to exceed $2,020,000 shall be available for the Office of Public 
Affairs; not to exceed $1,595,000 shall be available for the Office of 
the Executive Secretariat; not to exceed $1,369,000 shall be available 
for the Office of Small and Disadvantaged Business Utilization; not to 
exceed $8,675,000 for the Office of Intelligence, Security, and 
Emergency Response; and not to exceed $12,885,000 shall be available 
for the Office of the Chief Information Officer: Provided, That the 
Secretary of Transportation is authorized to transfer funds 
appropriated for any office of the Office of the Secretary to any other 
office of the Office of the Secretary: Provided further, That no 
appropriation for any office shall be increased or decreased by more 
than 5 percent by all such transfers: Provided further, That notice of 
any change in funding greater than 5 percent shall be submitted for 
approval to the House and Senate Committees on Appropriations: Provided 
further, That not to exceed $60,000 shall be for allocation within the 
Department for official reception and representation expenses as the 
Secretary may determine: Provided further, That notwithstanding any 
other provision of law, excluding fees authorized in Public Law 107-71, 
there may be credited to this appropriation up to $2,500,000 in funds 
received in user fees: Provided further, That none of the funds 
provided in this Act shall be available for the position of Assistant 
Secretary for Public Affairs: Provided further, That of the funds 
provided under this heading, $100,000 shall be provided through 
reimbursement to the Department of Transportation's Office of Inspector 
General to audit the Working Capital Fund's financial statements.


                       Financial Management Capital

    For necessary expenses for upgrading and enhancing the Department 
of Transportation's financial systems, and reengineering business 
processes, $5,000,000, to remain available until expended.


                          Office of Civil Rights

    For necessary expenses of the Office of Civil Rights, $9,384,000.


            Transportation Planning, Research, and Development

    For necessary expenses for conducting transportation planning, 
research, systems development, development activities, and making 
grants, to remain available until expended, $18,300,000.


                           Working Capital Fund

    Necessary expenses for operating costs and capital outlays of the 
Working Capital Fund, not to exceed $128,094,000, shall be paid from 
appropriations made available to the Department of Transportation: 
Provided, That such services shall be provided on a competitive basis 
to entities within the Department of Transportation: Provided further, 
That the above limitation on operating expenses shall not apply to non-
DOT entities: Provided further, That no funds appropriated in this Act 
to an agency of the Department shall be transferred to the Working 
Capital Fund without the approval of the agency modal administrator: 
Provided further, That no assessments may be levied against any 
program, budget activity, subactivity or project funded by this Act 
unless notice of such assessments and the basis therefor are presented 
to the House and Senate Committees on Appropriations and are approved 
by such Committees.


                Minority Business Resource Center Program

    For the cost of guaranteed loans, $353,000, as authorized by 49 
U.S.C. 332: 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 these funds are available to 
subsidize total loan principal, any part of which is to be guaranteed, 
not to exceed $18,367,000. In addition, for administrative expenses to 
carry out the guaranteed loan program, $559,000.


                        Minority Business Outreach

    For necessary expenses of Minority Business Resource Center 
outreach activities, $3,056,000, to remain available until September 
30, 2010: Provided, That notwithstanding 49 U.S.C. 332, these funds may 
be used for business opportunities related to any mode of 
transportation.


                         Payments to Air Carriers

                     (Airport and Airway Trust Fund)

                      (including transfer of funds)

    In addition to funds made available from any other source to carry 
out the essential air service program under 49 U.S.C. 41731 through 
41742, $73,013,000, to be derived from the Airport and Airway Trust 
Fund, to remain available until expended: Provided, That, in 
determining between or among carriers competing to provide service to a 
community, the Secretary may consider the relative subsidy requirements 
of the carriers: Provided further, That, if the funds under this 
heading are insufficient to meet the costs of the essential air service 
program in the current fiscal year, the Secretary shall transfer such 
sums as may be necessary to carry out the essential air service program 
from any available amounts appropriated to or directly administered by 
the Office of the Secretary for such fiscal year.


                      Compensation for Air Carriers

                               (rescission)

    Of the amounts made available under this heading, all unobligated 
balances as of the date of enactment of this Act are hereby permanently 
rescinded.


   Administrative Provisions--Office of the Secretary of Transportation

    Sec. 101. The Secretary of Transportation is authorized to transfer 
the unexpended balances available for the bonding assistance program 
from ``Office of the Secretary, Salaries and expenses'' to ``Minority 
Business Outreach''.
    Sec. 102. None of the funds made available in this Act to the 
Department of Transportation may be obligated for the Office of the 
Secretary of Transportation to approve assessments or reimbursable 
agreements pertaining to funds appropriated to the modal 
administrations in this Act, except for activities underway on the date 
of enactment of this Act, unless such assessments or agreements have 
completed the normal reprogramming process for Congressional 
notification.
    Sec. 103. None of the funds made available under this Act may be 
obligated or expended to establish or implement a program under which 
essential air service communities are required to assume subsidy costs 
commonly referred to as the EAS local participation program.
    Sec. 104. The Secretary or his or her designee may engage in 
activities with States and State legislators to consider proposals 
related to the reduction of motorcycle fatalities.

                    Federal Aviation Administration


                                Operations

                     (airport and airway trust fund)

    For necessary expenses of the Federal Aviation Administration, not 
otherwise provided for, including operations and research activities 
related to commercial space transportation, administrative expenses for 
research and development, establishment of air navigation facilities, 
the operation (including leasing) and maintenance of aircraft, 
subsidizing the cost of aeronautical charts and maps sold to the 
public, lease or purchase of passenger motor vehicles for replacement 
only, in addition to amounts made available by Public Law 108-176, 
$9,042,467,000, of which $5,238,005,000 shall be derived from the 
Airport and Airway Trust Fund, of which not to exceed $7,099,019,000 
shall be available for air traffic organization activities; not to 
exceed $1,164,597,000 shall be available for aviation safety 
activities; not to exceed $14,094,000 shall be available for commercial 
space transportation activities; not to exceed $111,004,000 shall be 
available for financial services activities; not to exceed $96,091,000 
shall be available for human resources program activities; not to 
exceed $331,000,000 shall be available for region and center operations 
and regional coordination activities; not to exceed $180,859,000 shall 
be available for staff offices; and not to exceed $46,500,000 shall be 
available for information services: Provided, That not to exceed 2 
percent of any budget activity, except for aviation safety budget 
activity, may be transferred to any budget activity under this heading: 
Provided further, That no transfer may increase or decrease any 
appropriation by more than 2 percent: Provided further, That any 
transfer in excess of 2 percent shall be treated as a reprogramming of 
funds under section 405 of this Act and shall not be available for 
obligation or expenditure except in compliance with the procedures set 
forth in that section: Provided further, That the Secretary utilize not 
less than $10,000,000 of the funds provided for aviation safety 
activities to pay for staff increases in the Office of Aviation Flight 
Standards and the Office of Aircraft Certification: Provided further, 
That not later than March 31 of each fiscal year hereafter, the 
Administrator of the Federal Aviation Administration shall transmit to 
Congress an annual update to the report submitted to Congress in 
December 2004 pursuant to section 221 of Public Law 108-176: Provided 
further, That the amount herein appropriated shall be reduced by 
$100,000 for each day after March 31 that such report has not been 
submitted to the Congress: Provided further, That funds may be used to 
enter into a grant agreement with a nonprofit standard-setting 
organization to assist in the development of aviation safety standards: 
Provided further, That none of the funds in this Act shall be available 
for new applicants for the second career training program: Provided 
further, That none of the funds in this Act shall be available for the 
Federal Aviation Administration to finalize or implement any regulation 
that would promulgate new aviation user fees not specifically 
authorized by law after the date of the enactment of this Act: Provided 
further, That there may be credited to this appropriation funds 
received from States, counties, municipalities, foreign authorities, 
other public authorities, and private sources, for expenses incurred in 
the provision of agency services, including receipts for the 
maintenance and operation of air navigation facilities, and for 
issuance, renewal or modification of certificates, including airman, 
aircraft, and repair station certificates, or for tests related 
thereto, or for processing major repair or alteration forms: Provided 
further, That of the funds appropriated under this heading, not less 
than $9,000,000 shall be for the contract tower cost-sharing program: 
Provided further, That none of the funds in this Act shall be available 
for paying premium pay under 5 U.S.C. 5546(a) to any Federal Aviation 
Administration employee unless such employee actually performed work 
during the time corresponding to such premium pay: Provided further, 
That none of the funds in this Act for aeronautical charting and 
cartography are available for activities conducted by, or coordinated 
through, the Working Capital Fund: Provided further, That none of the 
funds in this Act may be obligated or expended for an employee of the 
Federal Aviation Administration to purchase a store gift card or gift 
certificate through use of a Government-issued credit card.


                         Facilities and Equipment

                     (airport and airway trust fund)

    For necessary expenses, not otherwise provided for, for 
acquisition, establishment, technical support services, improvement by 
contract or purchase, and hire of air navigation and experimental 
facilities and equipment, as authorized under part A of subtitle VII of 
title 49, United States Code, including initial acquisition of 
necessary sites by lease or grant; engineering and service testing, 
including construction of test facilities and acquisition of necessary 
sites by lease or grant; construction and furnishing of quarters and 
related accommodations for officers and employees of the Federal 
Aviation Administration stationed at remote localities where such 
accommodations are not available; and the purchase, lease, or transfer 
of aircraft from funds available under this heading, including aircraft 
for aviation regulation and certification; to be derived from the 
Airport and Airway Trust Fund, $2,742,095,000, of which $2,281,595,000 
shall remain available until September 30, 2011, and of which 
$460,500,000 shall remain available until September 30, 2009: Provided, 
That there may be credited to this appropriation funds received from 
States, counties, municipalities, other public authorities, and private 
sources, for expenses incurred in the establishment and modernization 
of air navigation facilities: Provided further, That upon initial 
submission to the Congress of the fiscal year 2010 President's budget, 
the Secretary of Transportation shall transmit to the Congress a 
comprehensive capital investment plan for the Federal Aviation 
Administration which includes funding for each budget line item for 
fiscal years 2010 through 2014, with total funding for each year of the 
plan constrained to the funding targets for those years as estimated 
and approved by the Office of Management and Budget: Provided further, 
That the Secretary of Transportation shall conduct an analysis that 
compares the current status of air traffic management and the national 
airspace system to the planned architecture of the ``next generation'' 
air transportation system: Provided further, That upon initial 
submission to the Congress of the fiscal year 2010 President's budget, 
the Secretary of Transportation shall transmit to the Congress an 
interim architecture for the ``next generation'' air transportation 
system that establishes a list of priority capabilities to be achieved 
by 2017 and provides an estimated cost for each of those priorities.


                  Research, Engineering, and Development

                     (airport and airway trust fund)

    For necessary expenses, not otherwise provided for, for research, 
engineering, and development, as authorized under part A of subtitle 
VII of title 49, United States Code, including construction of 
experimental facilities and acquisition of necessary sites by lease or 
grant, $171,000,000, to be derived from the Airport and Airway Trust 
Fund and to remain available until September 30, 2011: Provided, That 
there may be credited to this appropriation as offsetting collections, 
funds received from States, counties, municipalities, other public 
authorities, and private sources, which shall be available for expenses 
incurred for research, engineering, and development.


                        Grants-in-Aid for Airports

                 (liquidation of contract authorization)

                       (limitation on obligations)

                     (airport and airway trust fund)

    For liquidation of obligations incurred for grants-in-aid for 
airport planning and development, and noise compatibility planning and 
programs as authorized under subchapter I of chapter 471 and subchapter 
I of chapter 475 of title 49, United States Code, and under other law 
authorizing such obligations; for procurement, installation, and 
commissioning of runway incursion prevention devices and systems at 
airports of such title; for grants authorized under section 41743 of 
title 49, United States Code; and for inspection activities and 
administration of airport safety programs, including those related to 
airport operating certificates under section 44706 of title 49, United 
States Code, $3,600,000,000 to be derived from the Airport and Airway 
Trust Fund and to remain available until expended: Provided, That none 
of the funds under this heading shall be available for the planning or 
execution of programs the obligations for which are in excess of 
$3,514,500,000 in fiscal year 2009, notwithstanding section 47117(g) of 
title 49, United States Code: Provided further, That none of the funds 
under this heading shall be available for the replacement of baggage 
conveyor systems, reconfiguration of terminal baggage areas, or other 
airport improvements that are necessary to install bulk explosive 
detection systems: Provided further, That notwithstanding any other 
provision of law, of funds limited under this heading, not more than 
$87,454,000 shall be obligated for administration, not less than 
$15,000,000 shall be available for the airport cooperative research 
program, not less than $19,348,000 shall be for Airport Technology 
Research, and $8,000,000, to remain available until expended, shall be 
available and transferred to ``Office of the Secretary, Salaries and 
Expenses'' to carry out the Small Community Air Service Development 
Program.


                               (rescission)

    Of the amounts authorized under sections 48103 and 48112 of title 
49, United States Code, $80,000,000 are permanently rescinded from 
amounts authorized for the fiscal year ending September 30, 2009.


        Administrative Provisions--Federal Aviation Administration

    Sec. 110. None of the funds in this Act may be used to compensate 
in excess of 600 technical staff-years under the federally funded 
research and development center contract between the Federal Aviation 
Administration and the Center for Advanced Aviation Systems Development 
during fiscal year 2009.
    Sec. 111. None of the funds in this Act shall be used to pursue or 
adopt guidelines or regulations requiring airport sponsors to provide 
to the Federal Aviation Administration without cost building 
construction, maintenance, utilities and expenses, or space in airport 
sponsor-owned buildings for services relating to air traffic control, 
air navigation, or weather reporting: Provided, That the prohibition of 
funds in this section does not apply to negotiations between the agency 
and airport sponsors to achieve agreement on ``below-market'' rates for 
these items or to grant assurances that require airport sponsors to 
provide land without cost to the FAA for air traffic control 
facilities.
    Sec. 112. The Administrator of the Federal Aviation Administration 
may reimburse amounts made available to satisfy 49 U.S.C. 41742(a)(1) 
from fees credited under 49 U.S.C. 45303: Provided, That during fiscal 
year 2009, 49 U.S.C. 41742(b) shall not apply, and any amount remaining 
in such account at the close of that fiscal year may be made available 
to satisfy section 41742(a)(1) for the subsequent fiscal year.
    Sec. 113. Amounts collected under section 40113(e) of title 49, 
United States Code, shall be credited to the appropriation current at 
the time of collection, to be merged with and available for the same 
purposes of such appropriation.
    Sec. 114.  None of the funds appropriated or limited by this Act 
may be used to change weight restrictions or prior permission rules at 
Teterboro airport in Teterboro, New Jersey.
    Sec. 115. (a) No funds provided in this Act may be used by the 
Secretary of Transportation to promulgate regulations or take any 
action regarding the scheduling of airline operations at any commercial 
airport in the United States if such regulation or action involves:
        (1) the auctioning by the Secretary or the FAA Administrator of 
    rights or permission to conduct airline operations at such an 
    airport,
        (2) the implementation by said Secretary or Administrator of 
    peak-period or other forms of congestion pricing at such an 
    airport,
        (3) either:
            (A) withdrawal by the Secretary or Administrator of a right 
        or permission to conduct operations at such an airport (except 
        when the withdrawal is for operational reasons or pursuant to 
        the terms or conditions of such operating right or permission), 
        or
            (B) requiring a carrier to transfer involuntarily any such 
        right or permission to another person,
        (4) the charging by the Secretary or Administrator of a fee for 
    the right or permission to use navigable airspace at such an 
    airport, or
        (5) requiring or providing incentives or disincentives to 
    airport proprietors to take such actions themselves.
    (b) Nothing in this section shall be construed to:
        (1) prohibit the Secretary or the Administrator from imposing 
    per-operation limitations on airports for the purpose of 
    alleviating congestion at such airports,
        (2) prohibit individual airports from implementing peak-period 
    or other congestion pricing at such airports, consistent with 
    regulations pertaining to airport rates and charges, or
        (3) limit the ability of a State, political subdivision of a 
    State, or political authority of at least two States that owns or 
    operates a commercial airport from carrying out its proprietary 
    powers and rights.
    Sec. 116. None of the funds limited by this Act for grants under 
the Airport Improvement Program shall be made available to the sponsor 
of a commercial service airport if such sponsor fails to agree to a 
request from the Secretary of Transportation for cost-free space in a 
non-revenue producing, public use area of the airport terminal or other 
airport facilities for the purpose of carrying out a public service air 
passenger rights and consumer outreach campaign.
    Sec. 117. Within 60 days of the publication date of any Government 
Accountability Office report reviewing the Federal Aviation 
Administration's project to redesign the airspace over the New York, 
New Jersey, and Philadelphia region, the Administrator of the Federal 
Aviation Administration shall report in writing to the Committee on 
Appropriations and the Committee on Commerce, Science, and 
Transportation, on actions the agency intends to take in order to 
address any concerns and recommendations identified in the Government 
Accountability Office report.
    Sec. 118. The Secretary shall apportion to the sponsor of an 
airport that received scheduled or unscheduled air service from a large 
certified air carrier (as defined in part 241 of title 14 Code of 
Federal Regulations, or such other regulations as may be issued by the 
Secretary under the authority of section 41709) an amount equal to the 
minimum apportionment specified in 49 U.S.C. 47114(c), if the Secretary 
determines that airport had more than 10,000 passenger boardings in the 
preceding calendar year, based on data submitted to the Secretary under 
part 241 of title 14, Code of Federal Regulations.

                     Federal Highway Administration


                  limitation on administrative expenses

                      (including transfer of funds)

    Not to exceed $390,000,000, together with advances and 
reimbursements received by the Federal Highway Administration, shall be 
paid in accordance with law from appropriations made available by this 
Act to the Federal Highway Administration for necessary expenses for 
administration and operation. In addition, not to exceed $3,524,000 
shall be paid from appropriations made available by this Act and 
transferred to the Department of Transportation's Office of Inspector 
General for costs associated with audits and investigations of projects 
and programs of the Federal Highway Administration, and not to exceed 
$300,000 shall be paid from appropriations made available by this Act 
and provided to that office through reimbursement to conduct the annual 
audits of financial statements in accordance with section 3521 of title 
31, United States Code. In addition, not to exceed $3,124,000 shall be 
paid from appropriations made available by this Act and transferred to 
the Appalachian Regional Commission in accordance with section 104 of 
title 23, United States Code.


                           Federal-Aid Highways

                       (limitation on obligations)

                           (highway trust fund)

    None of the funds in this Act shall be available for the 
implementation or execution of programs, the obligations for which are 
in excess of $40,700,000,000 for Federal-aid highways and highway 
safety construction programs for fiscal year 2009: Provided, That 
within the $40,700,000,000 obligation limitation on Federal-aid 
highways and highway safety construction programs, not more than 
$429,800,000 shall be available for the implementation or execution of 
programs for transportation research (chapter 5 of title 23, United 
States Code; sections 111, 5505, and 5506 of title 49, United States 
Code; and title 5 of Public Law 109-59) for fiscal year 2009: Provided 
further, That this limitation on transportation research programs shall 
not apply to any authority previously made available for obligation: 
Provided further, That the Secretary may, as authorized by section 
605(b) of title 23, United States Code, collect and spend fees to cover 
the costs of services of expert firms, including counsel, in the field 
of municipal and project finance to assist in the underwriting and 
servicing of Federal credit instruments and all or a portion of the 
costs to the Federal Government of servicing such credit instruments: 
Provided further, That such fees are available until expended to pay 
for such costs: Provided further, That such amounts are in addition to 
administrative expenses that are also available for such purpose, and 
are not subject to any obligation limitation or the limitation on 
administrative expenses under section 608 of title 23, United States 
Code.


                 (liquidation of contract authorization)

                           (highway trust fund)

    For carrying out the provisions of title 23, United States Code, 
that are attributable to Federal-aid highways, not otherwise provided, 
including reimbursement for sums expended pursuant to the provisions of 
23 U.S.C. 308, $41,439,000,000 or so much thereof as may be available 
in and derived from the Highway Trust Fund (other than the Mass Transit 
Account), to remain available until expended.


                               (rescission)

                           (highway trust fund)

    Of the unobligated balances of funds apportioned to each State 
under chapter 1 of title 23, United States Code, $3,150,000,000 are 
permanently rescinded: Provided, That such rescission shall not apply 
to the funds distributed in accordance with sections 130(f) and 
104(b)(5) of title 23, United States Code; sections 133(d)(1) and 163 
of such title, as in effect on the day before the date of enactment of 
Public Law 109-59; and the first sentence of section 133(d)(3)(A) of 
such title: Provided further, That notwithstanding section 1132 of 
Public Law 110-140, in administering the rescission required under this 
heading, the Secretary of Transportation shall allow each State to 
determine the amount of the required rescission to be drawn from the 
programs to which the rescission applies.


                  Appalachian Development Highway System

    For necessary expenses for West Virginia corridor H of the 
Appalachian Development Highway System as authorized under section 
1069(y) of Public Law 102-240, as amended, $9,500,000, to remain 
available until expended.


                       Denali Access System Program

    For necessary expenses for the Denali Access System Program as 
authorized under section 1960 of Public Law 109-59, $5,700,000, to 
remain available until expended.


        Administrative Provisions--Federal Highway Administration

                         (including rescissions)

    Sec. 120. (a) For fiscal year 2009, the Secretary of Transportation 
shall--
        (1) not distribute from the obligation limitation for Federal-
    aid highways amounts authorized for administrative expenses and 
    programs by section 104(a) of title 23, United States Code; 
    programs funded from the administrative takedown authorized by 
    section 104(a)(1) of title 23, United States Code (as in effect on 
    the date before the date of enactment of the Safe, Accountable, 
    Flexible, Efficient Transportation Equity Act: A Legacy for Users); 
    the highway use tax evasion program; and the Bureau of 
    Transportation Statistics;
        (2) not distribute an amount from the obligation limitation for 
    Federal-aid highways that is equal to the unobligated balance of 
    amounts made available from the Highway Trust Fund (other than the 
    Mass Transit Account) for Federal-aid highways and highway safety 
    programs for previous fiscal years the funds for which are 
    allocated by the Secretary;
        (3) determine the ratio that--
            (A) the obligation limitation for Federal-aid highways, 
        less the aggregate of amounts not distributed under paragraphs 
        (1) and (2), bears to
            (B) the total of the sums authorized to be appropriated for 
        Federal-aid highways and highway safety construction programs 
        (other than sums authorized to be appropriated for provisions 
        of law described in paragraphs (1) through (9) of subsection 
        (b) and sums authorized to be appropriated for section 105 of 
        title 23, United States Code, equal to the amount referred to 
        in subsection (b)(10) for such fiscal year), less the aggregate 
        of the amounts not distributed under paragraphs (1) and (2) of 
        this subsection;
        (4)(A) distribute the obligation limitation for Federal-aid 
    highways, less the aggregate amounts not distributed under 
    paragraphs (1) and (2), for sections 1301, 1302, and 1934 of the 
    Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 
    Legacy for Users; sections 117 (but individually for each project 
    numbered 1 through 3676 listed in the table contained in section 
    1702 of the Safe, Accountable, Flexible, Efficient Transportation 
    Equity Act: A Legacy for Users) and section 144(g) of title 23, 
    United States Code; and section 14501 of title 40, United States 
    Code, so that the amount of obligation authority available for each 
    of such sections is equal to the amount determined by multiplying 
    the ratio determined under paragraph (3) by the sums authorized to 
    be appropriated for that section for the fiscal year; and
        (B) distribute $2,000,000,000 for section 105 of title 23, 
    United States Code;
        (5) distribute the obligation limitation provided for Federal-
    aid highways, less the aggregate amounts not distributed under 
    paragraphs (1) and (2) and amounts distributed under paragraph (4), 
    for each of the programs that are allocated by the Secretary under 
    the Safe, Accountable, Flexible, Efficient Transportation Equity 
    Act: A Legacy for Users and title 23, United States Code (other 
    than to programs to which paragraphs (1) and (4) apply), by 
    multiplying the ratio determined under paragraph (3) by the amounts 
    authorized to be appropriated for each such program for such fiscal 
    year; and
        (6) distribute the obligation limitation provided for Federal-
    aid highways, less the aggregate amounts not distributed under 
    paragraphs (1) and (2) and amounts distributed under paragraphs (4) 
    and (5), for Federal-aid highways and highway safety construction 
    programs (other than the amounts apportioned for the equity bonus 
    program, but only to the extent that the amounts apportioned for 
    the equity bonus program for the fiscal year are greater than 
    $2,639,000,000, and the Appalachian development highway system 
    program) that are apportioned by the Secretary under the Safe, 
    Accountable, Flexible, Efficient Transportation Equity Act: A 
    Legacy for Users and title 23, United States Code, in the ratio 
    that--
            (A) amounts authorized to be appropriated for such programs 
        that are apportioned to each State for such fiscal year, bear 
        to
            (B) the total of the amounts authorized to be appropriated 
        for such programs that are apportioned to all States for such 
        fiscal year.
    (b) Exceptions From Obligation Limitation.--The obligation 
limitation for Federal-aid highways shall not apply to obligations: (1) 
under section 125 of title 23, United States Code; (2) under section 
147 of the Surface Transportation Assistance Act of 1978; (3) under 
section 9 of the Federal-Aid Highway Act of 1981; (4) under subsections 
(b) and (j) of section 131 of the Surface Transportation Assistance Act 
of 1982; (5) under subsections (b) and (c) of section 149 of the 
Surface Transportation and Uniform Relocation Assistance Act of 1987; 
(6) under sections 1103 through 1108 of the Intermodal Surface 
Transportation Efficiency Act of 1991; (7) under section 157 of title 
23, United States Code, as in effect on the day before the date of the 
enactment of the Transportation Equity Act for the 21st Century; (8) 
under section 105 of title 23, United States Code, as in effect for 
fiscal years 1998 through 2004, but only in an amount equal to 
$639,000,000 for each of those fiscal years; (9) for Federal-aid 
highway programs for which obligation authority was made available 
under the Transportation Equity Act for the 21st Century or subsequent 
public laws for multiple years or to remain available until used, but 
only to the extent that the obligation authority has not lapsed or been 
used; (10) under section 105 of title 23, United States Code, but only 
in an amount equal to $639,000,000 for each of fiscal years 2005 
through 2009; and (11) under section 1603 of the Safe, Accountable, 
Flexible, Efficient Transportation Equity Act: A Legacy for Users, to 
the extent that funds obligated in accordance with that section were 
not subject to a limitation on obligations at the time at which the 
funds were initially made available for obligation.
    (c) Redistribution of Unused Obligation Authority.--Notwithstanding 
subsection (a), the Secretary shall, after August 1 of such fiscal 
year, revise a distribution of the obligation limitation made available 
under subsection (a) if the amount distributed cannot be obligated 
during that fiscal year and redistribute sufficient amounts to those 
States able to obligate amounts in addition to those previously 
distributed during that fiscal year, giving priority to those States 
having large unobligated balances of funds apportioned under sections 
104 and 144 of title 23, United States Code.
    (d) Applicability of Obligation Limitations to Transportation 
Research Programs.--The obligation limitation shall apply to 
transportation research programs carried out under chapter 5 of title 
23, United States Code, and title V (research title) of the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 
for Users, except that obligation authority made available for such 
programs under such limitation shall remain available for a period of 3 
fiscal years and shall be in addition to the amount of any limitation 
imposed on obligations for Federal-aid highway and highway safety 
construction programs for future fiscal years.
    (e) Redistribution of Certain Authorized Funds.--
        (1) In general.--Not later than 30 days after the date of the 
    distribution of obligation limitation under subsection (a), the 
    Secretary shall distribute to the States any funds that--
            (A) are authorized to be appropriated for such fiscal year 
        for Federal-aid highways programs; and
            (B) the Secretary determines will not be allocated to the 
        States, and will not be available for obligation, in such 
        fiscal year due to the imposition of any obligation limitation 
        for such fiscal year.
        (2) Ratio.--Funds shall be distributed under paragraph (1) in 
    the same ratio as the distribution of obligation authority under 
    subsection (a)(6).
        (3) Availability.--Funds distributed under paragraph (1) shall 
    be available for any purposes described in section 133(b) of title 
    23, United States Code.
    (f) Special Limitation Characteristics.--Obligation limitation 
distributed for a fiscal year under subsection (a)(4) for the provision 
specified in subsection (a)(4) shall--
        (1) remain available until used for obligation of funds for 
    that provision; and
        (2) be in addition to the amount of any limitation imposed on 
    obligations for Federal-aid highway and highway safety construction 
    programs for future fiscal years.
    (g) High Priority Project Flexibility.--
        (1) In general.--Subject to paragraph (2), obligation authority 
    distributed for such fiscal year under subsection (a)(4) for each 
    project numbered 1 through 3676 listed in the table contained in 
    section 1702 of the Safe, Accountable, Flexible, Efficient 
    Transportation Equity Act: A Legacy for Users may be obligated for 
    any other project in such section in the same State.
        (2) Restoration.--Obligation authority used as described in 
    paragraph (1) shall be restored to the original purpose on the date 
    on which obligation authority is distributed under this section for 
    the next fiscal year following obligation under paragraph (1).
    (h) Limitation on Statutory Construction.--Nothing in this section 
shall be construed to limit the distribution of obligation authority 
under subsection (a)(4)(A) for each of the individual projects numbered 
greater than 3676 listed in the table contained in section 1702 of the 
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 
Legacy for Users.
    Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received by the 
Bureau of Transportation Statistics from the sale of data products, for 
necessary expenses incurred pursuant to 49 U.S.C. 111 may be credited 
to the Federal-aid highways account for the purpose of reimbursing the 
Bureau for such expenses: Provided, That such funds shall be subject to 
the obligation limitation for Federal-aid highways and highway safety 
construction.
    Sec. 122.  In addition to amounts provided in this or any other Act 
for fiscal year 2009, $143,031,303, to be derived from the Highway 
Trust Fund (other than the Mass Transit Account), shall be available 
for the Transportation, Community, and System Preservation Program 
under section 1117 of the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users (Pub. L. 109-59; 119 
Stat. 1144, 1177-1179): Provided, That all funds made available under 
this section shall be subject to any limitation on obligations for 
Federal-aid highways and highway safety construction programs set forth 
in this Act or any other Act: Provided further, That such funds shall 
be administered in accordance with section 1117(g)(2) of the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 
for Users.
    Sec. 123. Of the amounts made available under section 104(a) of 
title 23, United States Code, $33,401,492 are permanently rescinded.
    Sec. 124. Of the unobligated balances of funds made available in 
fiscal year 2005 and prior fiscal years for the implementation or 
execution of programs for transportation research, training and 
education, and technology deployment including intelligent 
transportation systems, $11,756,527 are permanently rescinded.
    Sec. 125. There is hereby appropriated to the Secretary of 
Transportation $161,326,625 for surface transportation priorities: 
Provided, That the amount provided by this section shall be made 
available for the programs, projects and activities identified under 
this section in the explanatory statement accompanying this Act: 
Provided further, That funds provided by this section, at the request 
of a State, shall be transferred by the Secretary to another Federal 
agency: Provided further, That the Federal share payable on account of 
any program, project, or activity carried out with funds set aside by 
this section shall be 100 percent: Provided further, That the sums set 
aside by this section shall remain available until expended: Provided 
further, That none of the funds set aside by this section shall be 
subject to any limitation on obligations for Federal-aid highways and 
highway safety construction programs set forth in this Act or any other 
Act.
    Sec. 126. Not less than 15 days prior to waiving, under his or her 
statutory authority, any Buy America requirement for Federal-aid 
highway projects, the Secretary of Transportation shall make an 
informal public notice and comment opportunity on the intent to issue 
such waiver and the reasons therefor: Provided, That the Secretary 
shall provide an annual report to the Appropriations Committees of the 
Congress on any waivers granted under the Buy America requirements.
    Sec. 127. Notwithstanding any other provision of law, funds made 
available in Public Law 110-161 for ``Bridge over Broadway, Missoula to 
Rattlesnake National Recreation Area, MT'' shall be available for a new 
pedestrian and bicycle-friendly at-grade crossing of East Broadway 
Street in Missoula, Montana.
    Sec. 128. (a) In General.--Except as provided in subsection (b), 
none of the funds made available, limited, or otherwise affected by 
this Act shall be used to approve or otherwise authorize the imposition 
of any toll on any segment of highway located on the Federal-aid system 
in the State of Texas that--
        (1) as of the date of enactment of this Act, is not tolled;
        (2) is constructed with Federal assistance provided under title 
    23, United States Code; and
        (3) is in actual operation as of the date of enactment of this 
    Act.
    (b) Exceptions.--
        (1) Number of toll lanes.--Subsection (a) shall not apply to 
    any segment of highway on the Federal-aid system described in that 
    subsection that, as of the date on which a toll is imposed on the 
    segment, will have the same number of non-toll lanes as were in 
    existence prior to that date.
        (2) High-occupancy vehicle lanes.--A high-occupancy vehicle 
    lane that is converted to a toll lane shall not be subject to this 
    section, and shall not be considered to be a non-toll lane for 
    purposes of determining whether a highway will have fewer non-toll 
    lanes than prior to the date of imposition of the toll, if--
            (A) high-occupancy vehicles occupied by the number of 
        passengers specified by the entity operating the toll lane may 
        use the toll lane without paying a toll, unless otherwise 
        specified by the appropriate county, town, municipal or other 
        local government entity, or public toll road or transit 
        authority; or
            (B) each high-occupancy vehicle lane that was converted to 
        a toll lane was constructed as a temporary lane to be replaced 
        by a toll lane under a plan approved by the appropriate county, 
        town, municipal or other local government entity, or public 
        toll road or transit authority.
    Sec. 129. (a) In the explanatory statement referenced in section 
129 of division K of Public Law 110-161 (121 Stat. 2388), the item 
relating to ``Route 116 and Bay Road Intersection and Road 
Improvements, Amherst, MA'' in the table of projects for such section 
129 is deemed to be amended by inserting ``, including Bike, 
Pedestrian, or Other Off Road Paths'' after ``Improvements''.
    (b) In the explanatory statement referenced in section 129 of 
division K of Public Law 110-161 (121 Stat. 2388), the item relating to 
``Highway 77 Rail Grade Separation, Marion, AR'', in the table of 
projects for such section 129 is deemed to be amended by striking 
``Highway 77 Rail Grade Separation, Marion, AR'' and inserting ``BNSF 
main line overpass within the Marion, Arkansas, planning 
jurisdiction''.
    (c) In the explanatory statement referenced in section 186 of 
division K of Public Law 110-161 (121 Stat. 2406), in the table of 
projects under the heading ``Federal Highway Administration--Federal-
Aid Highways (Limitation on Obligations)--Federal Lands'' in division K 
of such explanatory statement, the item relating to ``U.S. Forest 
Highway 4, Winston County, Alabama'' is deemed to be amended by 
striking ``Highway 4'' and inserting ``Highway 9''.
    (d) In the explanatory statement referenced in section 186 of 
division K of Public Law 110-161 (121 Stat. 2406), the item relating to 
``Street Improvements in Burnham, IL'' in the table of projects under 
the heading ``Transportation, Community and System Preservation 
Program'' is deemed to be amended by striking ``Street Improvements in 
Burnham, IL'' and inserting ``Repair of Side Streets and Relocation of 
Water Mains resulting from rerouting of traffic and reconstruction of 
159th Street in Harvey, IL''.
    (e) In the explanatory statement referenced in section 186 of 
division K of Public Law 110-161 (121 Stat. 2406), the item relating to 
``Street Improvements in Thornton, IL'' in the table of projects under 
the heading ``Transportation, Community and System Preservation 
Program'' is deemed to be amended by striking ``Street Improvements in 
Thornton, IL'' and inserting ``Engineering, Right-of-Way, and 
Construction of Joe Orr Road Extension and Main Street Project in 
Lynwood, IL''.
    (f) Funds made available from the amount appropriated under the 
heading ``Federal Highway Administration--Highway Demonstration 
Projects'' of title I of the Department of Transportation and Related 
Agencies Appropriations Act, 1992 (Public Law 102-143) for the Miller 
Highway from 59th Street to 72nd Street, west side of Manhattan, New 
York, and from the amount appropriated under the heading ``Federal 
Highway Administration--Highway Projects'' of title I of the Department 
of Transportation and Related Agencies Appropriations Act, 1993 (Public 
Law 102-388) for design improvements on Miller Highway, New York City, 
New York, shall be made available for the project specified in item 
4599 of section 1702 of SAFETEA-LU (Public Law 109-59), as amended by 
the SAFETEA-LU Technical Corrections Act of 2008 (Public Law 110-244).
    Sec. 130. Notwithstanding any other provision of law, any 
unexpended amounts available for obligation for item number 48 under 
section 1106(b) of Public Law 102-240 (105 Stat. 2046) for the Southern 
State Parkway Improvement project shall be available for obligation and 
expenditure on the I-90 connector, Rensselaer County, New York, 
including reimbursement for expenses incurred on such connector prior 
to the date of enactment of this section.
    Sec. 131. (a) The table contained in section 1702 of the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 
for Users (119 Stat. 1256) is amended by striking the project 
description for item number 189 and inserting the following: 
``Planning, design, engineering, environmental analysis, acquisition of 
rights-of-way, and construction for the Long Valley Bypass''.
    (b) The table contained in section 1702 of the Safe, Accountable, 
Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 
Stat. 1256) is amended by striking the project description for item 
number 3546 and inserting the following: ``Port of Coos Bay to acquire 
and repair the Coos Bay Line''.

              Federal Motor Carrier Safety Administration


               motor carrier safety operations and programs

                 (liquidation of contract authorization)

                       (limitation on obligations)

                           (highway trust fund)

                          (including rescission)

    For payment of obligations incurred for administration of motor 
carrier safety operations and programs pursuant to section 31104(i) of 
title 49, United States Code, and sections 4127 and 4134 of Public Law 
109-59, $234,000,000, to be derived from the Highway Trust Fund (other 
than the Mass Transit Account), together with advances and 
reimbursements received by the Federal Motor Carrier Safety 
Administration, the sum of which shall remain available until expended: 
Provided, That none of the funds derived from the Highway Trust Fund in 
this Act shall be available for the implementation, execution or 
administration of programs, the obligations for which are in excess of 
$234,000,000, for ``Motor Carrier Safety Operations and Programs'', of 
which $8,500,000, to remain available for obligation until September 
30, 2011, is for the research and technology program and $1,000,000 
shall be available for commercial motor vehicle operator's grants to 
carry out section 4134 of Public Law 109-59: Provided further, That 
notwithstanding any other provision of law, none of the funds under 
this heading for outreach and education shall be available for 
transfer: Provided further, That the Federal Motor Carrier Safety 
Administration shall transmit to Congress a report on March 30, 2009 
and September 30, 2009 on the agency's ability to meet its requirement 
to conduct compliance reviews on high-risk carriers: Provided further, 
That $4,839,259 in unobligated balances are permanently rescinded.

                      motor carrier safety grants


                 (liquidation of contract authorization)

                       (limitation on obligations)

                           (highway trust fund)

                          (including rescission)

    For payment of obligations incurred in carrying out sections 31102, 
31104(a), 31106, 31107, 31109, 31309, 31313 of title 49, United States 
Code, and sections 4126 and 4128 of Public Law 109-59, $307,000,000, to 
be derived from the Highway Trust Fund (other than the Mass Transit 
Account) and to remain available until expended: Provided, That none of 
the funds in this Act shall be available for the implementation or 
execution of programs, the obligations for which are in excess of 
$307,000,000, for ``Motor Carrier Safety Grants''; of which 
$209,000,000 shall be available for the motor carrier safety assistance 
program to carry out sections 31102 and 31104(a) of title 49, United 
States Code; $25,000,000 shall be available for the commercial driver's 
license improvements program to carry out section 31313 of title 49, 
United States Code; $32,000,000 shall be available for the border 
enforcement grants program to carry out section 31107 of title 49, 
United States Code; $5,000,000 shall be available for the performance 
and registration information system management program to carry out 
sections 31106(b) and 31109 of title 49, United States Code; 
$25,000,000 shall be available for the commercial vehicle information 
systems and networks deployment program to carry out section 4126 of 
Public Law 109-59; $3,000,000 shall be available for the safety data 
improvement program to carry out section 4128 of Public Law 109-59; and 
$8,000,000 shall be available for the commercial driver's license 
information system modernization program to carry out section 31309(e) 
of title 49, United States Code: Provided further, That of the funds 
made available for the motor carrier safety assistance program, 
$29,000,000 shall be available for audits of new entrant motor 
carriers: Provided further, That $6,502,558 in unobligated balances are 
permanently rescinded.


                           Motor Carrier Safety

                           (highway trust fund)

                               (rescission)

    Of the amounts made available under this heading in prior 
appropriations Acts, $2,231,259 in unobligated balances are permanently 
rescinded.


                  National Motor Carrier Safety Program

                           (highway trust fund)

                               (rescission)

    Of the amounts made available under this heading in prior 
appropriations Acts, $19,571,910 in unobligated balances are 
permanently rescinded.


         Administrative Provisions--Federal Motor Carrier Safety 
                             Administration

    Sec. 135. Funds appropriated or limited in this Act shall be 
subject to the terms and conditions stipulated in section 350 of Public 
Law 107-87 and section 6901 of Public Law 110-28, including that the 
Secretary submit a report to the House and Senate Appropriations 
Committees annually on the safety and security of transportation into 
the United States by Mexico-domiciled motor carriers.
    Sec. 136. None of the funds appropriated or otherwise made 
available under this Act may be used, directly or indirectly, to 
establish, implement, continue, promote, or in any way permit a cross-
border motor carrier demonstration program to allow Mexican-domiciled 
motor carriers to operate beyond the commercial zones along the 
international border between the United States and Mexico, including 
continuing, in whole or in part, any such program that was initiated 
prior to the date of the enactment of this Act.

             National Highway Traffic Safety Administration


                         operations and research

    For expenses necessary to discharge the functions of the Secretary, 
with respect to traffic and highway safety under subtitle C of title X 
of Public Law 109-59 and chapter 301 and part C of subtitle VI of title 
49, United States Code, $127,000,000, of which $31,670,000 shall remain 
available until September 30, 2010: Provided, That none of the funds 
appropriated by this Act may be obligated or expended to plan, 
finalize, or implement any rulemaking to add to section 575.104 of 
title 49 of the Code of Federal Regulations any requirement pertaining 
to a grading standard that is different from the three grading 
standards (treadwear, traction, and temperature resistance) already in 
effect.


                         Operations and Research

                 (liquidation of contract authorization)

                       (limitation on obligations)

                           (highway trust fund)

    For payment of obligations incurred in carrying out the provisions 
of 23 U.S.C. 403, $105,500,000 to be derived from the Highway Trust 
Fund (other than the Mass Transit Account) and to remain available 
until expended: Provided, That none of the funds in this Act shall be 
available for the planning or execution of programs the total 
obligations for which, in fiscal year 2009, are in excess of 
$105,500,000 for programs authorized under 23 U.S.C. 403: Provided 
further, That within the $105,500,000 obligation limitation for 
operations and research, $26,908,000 shall remain available until 
September 30, 2010 and shall be in addition to the amount of any 
limitation imposed on obligations for future years.


                         National Driver Register

                 (Liquidation of contract authorization)

                       (Limitation on obligations)

                           (Highway trust fund)

    For payment of obligations incurred in carrying out chapter 303 of 
title 49, United States Code, $4,000,000, to be derived from the 
Highway Trust Fund (other than the Mass Transit Account) and to remain 
available until expended: Provided, That none of the funds in this Act 
shall be available for the implementation or execution of programs the 
total obligations for which, in fiscal year 2009, are in excess of 
$4,000,000 for the National Driver Register authorized under such 
chapter.


                      highway traffic safety grants

                 (liquidation of contract authorization)

                       (llimitation on obligations)

                           (highway trust fund)

    For payment of obligations incurred in carrying out the provisions 
of 23 U.S.C. 402, 405, 406, 408, and 410 and sections 2001(a)(11), 
2009, 2010, and 2011 of Public Law 109-59, to remain available until 
expended, $619,500,000 to be derived from the Highway Trust Fund (other 
than the Mass Transit Account): Provided, That none of the funds in 
this Act shall be available for the planning or execution of programs 
the total obligations for which, in fiscal year 2009, are in excess of 
$619,500,000 for programs authorized under 23 U.S.C. 402, 405, 406, 
408, and 410 and sections 2001(a)(11), 2009, 2010, and 2011 of Public 
Law 109-59, of which $235,000,000 shall be for ``Highway Safety 
Programs'' under 23 U.S.C. 402; $25,000,000 shall be for ``Occupant 
Protection Incentive Grants'' under 23 U.S.C. 405; $124,500,000 shall 
be for ``Safety Belt Performance Grants'' under 23 U.S.C. 406, and such 
obligation limitation shall remain available until September 30, 2010 
in accordance with subsection (f) of such section 406 and shall be in 
addition to the amount of any limitation imposed on obligations for 
such grants for future fiscal years; $34,500,000 shall be for ``State 
Traffic Safety Information System Improvements'' under 23 U.S.C. 408; 
$139,000,000 shall be for ``Alcohol-Impaired Driving Countermeasures 
Incentive Grant Program'' under 23 U.S.C. 410; $18,500,000 shall be for 
``Administrative Expenses'' under section 2001(a)(11) of Public Law 
109-59; $29,000,000 shall be for ``High Visibility Enforcement 
Program'' under section 2009 of Public Law 109-59; $7,000,000 shall be 
for ``Motorcyclist Safety'' under section 2010 of Public Law 109-59; 
and $7,000,000 shall be for ``Child Safety and Child Booster Seat 
Safety Incentive Grants'' under section 2011 of Public Law 109-59: 
Provided further, That none of these funds shall be used for 
construction, rehabilitation, or remodeling costs, or for office 
furnishings and fixtures for State, local or private buildings or 
structures: Provided further, That not to exceed $500,000 of the funds 
made available for section 410 ``Alcohol-Impaired Driving 
Countermeasures Grants'' shall be available for technical assistance to 
the States: Provided further, That not to exceed $750,000 of the funds 
made available for the ``High Visibility Enforcement Program'' shall be 
available for the evaluation required under section 2009(f) of Public 
Law 109-59.


       administrative provisions--national highway traffic safety 
                             administration

                         (including rescissions)

    Sec. 140.  Notwithstanding any other provision of law or limitation 
on the use of funds made available under section 403 of title 23, 
United States Code, an additional $130,000 shall be made available to 
the National Highway Traffic Safety Administration, out of the amount 
limited for section 402 of title 23, United States Code, to pay for 
travel and related expenses for State management reviews and to pay for 
core competency development training and related expenses for highway 
safety staff.
    Sec. 141. Of the amounts made available under the heading 
``Operations and Research (Liquidation of Contract Authorization) 
(Limitation on Obligations) (Highway Trust Fund)'' in prior 
appropriations Acts, $10,900,000 in unobligated balances are 
permanently rescinded.
    Sec. 142. Of the amounts made available under the heading 
``National Driver Register (Liquidation of Contract Authorization) 
(Limitation on Obligations) (Highway Trust Fund)'' in prior 
appropriations Acts, $544,000 in unobligated balances are permanently 
rescinded.
    Sec. 143. Of the amounts made available under the heading ``Highway 
Traffic Safety Grants (Liquidation of Contract Authorization) 
(Limitation on Obligations) (Highway Trust Fund)'' in prior 
appropriations Acts, $60,200,000 in unobligated balances are 
permanently rescinded.

                    Federal Railroad Administration


                          Safety and Operations

    For necessary expenses of the Federal Railroad Administration, not 
otherwise provided for, $159,445,000, of which $12,268,890 shall remain 
available until expended.


                    railroad research and development

    For necessary expenses for railroad research and development, 
$33,950,000, to remain available until expended.


                 capital assistance to states--intercity

                          passenger rail service

    To enable the Federal Railroad Administrator to make grants to 
States for the capital costs of improving existing intercity passenger 
rail service and providing new intercity passenger rail service, 
$90,000,000, to remain available until expended: Provided, That grants 
shall be provided to a State only on a reimbursable basis: Provided 
further, That grants cover no more than 50 percent of the total capital 
cost of a project selected for funding: Provided further, That no more 
than 10 percent of funds made available under this program may be used 
for planning activities that lead directly to the development of a 
passenger rail corridor investment plan consistent with the 
requirements established by the Administrator: Provided further, That 
no later than eight months following enactment of this Act, the 
Secretary shall establish and publish criteria for project selection, 
set a deadline for grant applications, and provide a schedule for 
project selection: Provided further, That to be eligible for this 
assistance, States must include intercity passenger rail service as an 
integral part of statewide transportation planning as required under 
section 135 of title 23, United States Code: Provided further, That to 
be eligible for capital assistance the specific project must be on the 
Statewide Transportation Improvement Plan at the time of the 
application to qualify: Provided further, That the Secretary give 
priority to capital and planning applications for projects that improve 
the safety and reliability of intercity passenger trains, involve a 
commitment by freight railroads to an enforceable on-time performance 
of passenger trains of 80 percent or greater, involve a commitment by 
freight railroads of financial resources commensurate with the benefit 
expected to their operations, improve or extend service on a route that 
requires little or no Federal assistance for its operations, and 
involve a commitment by States or railroads of financial resources to 
improve the safety of highway/rail grade crossings over which the 
passenger service operates: Provided further, That the Administrator is 
directed to report to the Committees on Appropriations not later than 
180 days upon enactment of this Act detailing the recipients and 
outcomes of grants issued pursuant to Public Law 110-116, under this 
heading, the Capital Assistance to States Program, any and all usage 
and performance fees paid to a freight railroad for access to the right 
of way: Provided further, That the Administrator may retain up to one-
quarter of 1 percent of the funds provided under this heading to fund 
the award and oversight by the Administrator of grants made under this 
heading.


        Railroad Rehabilitation and Improvement Financing Program

    The Secretary of Transportation is authorized to issue to the 
Secretary of the Treasury notes or other obligations pursuant to 
section 512 of the Railroad Revitalization and Regulatory Reform Act of 
1976 (Public Law 94-210), as amended, in such amounts and at such times 
as may be necessary to pay any amounts required pursuant to the 
guarantee of the principal amount of obligations under sections 511 
through 513 of such Act, such authority to exist as long as any such 
guaranteed obligation is outstanding: Provided, That pursuant to 
section 502 of such Act, as amended, no new direct loans or loan 
guarantee commitments shall be made using Federal funds for the credit 
risk premium during fiscal year 2009.


               Rail Line Relocation and Improvement Program

    For necessary expenses of carrying out section 20154 of title 49, 
United States Code, as authorized by section 9002 of Public Law 109-59, 
$25,000,000, to remain available until expended.


     Operating Grants to the National Railroad Passenger Corporation

    To enable the Secretary of Transportation to make quarterly grants 
to the National Railroad Passenger Corporation for operation of 
intercity passenger rail, $550,000,000, to remain available until 
expended: Provided, That the Secretary shall withhold such sums as 
shall be necessary for the costs associated with the second retroactive 
wage payment to Amtrak employees and shall transmit such funding to the 
corporation for the sole and exclusive purpose of making such payments 
only at such time as said payments are due: Provided further, That such 
remaining amounts available under this paragraph shall be available for 
the Secretary to approve funding to cover operating losses for the 
Corporation only after receiving and reviewing a grant request for each 
specific train route: Provided further, That each such grant request 
shall be accompanied by a detailed financial analysis, revenue 
projection, and capital expenditure projection justifying the Federal 
support to the Secretary's satisfaction: Provided further, That the 
Corporation is directed to achieve savings through operating 
efficiencies including, but not limited to, modifications to food and 
beverage service and first class service: Provided further, That the 
Inspector General of the Department of Transportation shall report to 
the House and Senate Committees on Appropriations beginning 3 months 
after the date of the enactment of this Act and quarterly thereafter 
with estimates of the savings accrued as a result of all operational 
reforms instituted by the Corporation: Provided further, That not later 
than 120 days after enactment of this Act, the Corporation shall 
transmit to the House and Senate Committees on Appropriations the 
status of its plan to improve the financial performance of food and 
beverage service and its plan to improve the financial performance of 
first class service (including sleeping car service): Provided further, 
That the Corporation shall report quarterly to the House and Senate 
Committees on Appropriations on its progress against the milestones and 
target dates contained in the plan provided in fiscal year 2008 and 
quantify savings realized to date on a monthly basis compared to those 
projected in the plan, identify any changes in the plan or delays in 
implementing these plans, and identify the causes of delay and proposed 
corrective measures: Provided further, That not later than 90 days 
after enactment of this Act, the Corporation shall transmit, in 
electronic format, to the Secretary, the House and Senate Committees on 
Appropriations, the House Committee on Transportation and 
Infrastructure and the Senate Committee on Commerce, Science, and 
Transportation a comprehensive business plan approved by the Board of 
Directors for fiscal year 2009 under section 24104(a) of title 49, 
United States Code: Provided further, That the business plan shall 
include, as applicable, targets for ridership, revenues, and capital 
and operating expenses: Provided further, That the plan shall also 
include a separate accounting of such targets for the Northeast 
Corridor; commuter service; long-distance Amtrak service; State-
supported service; each intercity train route, including Autotrain; and 
commercial activities including contract operations: Provided further, 
That the business plan shall include a description of the work to be 
funded, along with cost estimates and an estimated timetable for 
completion of the projects covered by this business plan: Provided 
further, That the Corporation shall continue to provide monthly reports 
in electronic format regarding the pending business plan, which shall 
describe the work completed to date, any changes to the business plan, 
and the reasons for such changes, and shall identify all sole source 
contract awards which shall be accompanied by a justification as to why 
said contract was awarded on a sole source basis: Provided further, 
That the Corporation's business plan and all subsequent supplemental 
plans shall be displayed on the Corporation's website within a 
reasonable timeframe following their submission to the appropriate 
entities: Provided further, That none of the funds under this heading 
may be obligated or expended until the Corporation agrees to continue 
abiding by the provisions of paragraphs 1, 2, 5, 9, and 11 of the 
summary of conditions for the direct loan agreement of June 28, 2002, 
in the same manner as in effect on the date of enactment of this Act: 
Provided further, That none of the funds provided in this Act may be 
used after March 1, 2006, to support any route on which Amtrak offers a 
discounted fare of more than 50 percent off the normal, peak fare: 
Provided further, That the preceding proviso does not apply to routes 
where the operating loss as a result of the discount is covered by a 
State and the State participates in the setting of fares: Provided 
further, That of the amounts made available under this heading not less 
than $18,500,000 shall be available for the Amtrak Office of Inspector 
General.


   Capital and Debt Service Grants to the National Railroad Passenger 
                              Corporation

    To enable the Secretary of Transportation to make quarterly grants 
to the National Railroad Passenger Corporation for the maintenance and 
repair of capital infrastructure owned by the Corporation, including 
railroad equipment, rolling stock, legal mandates and other services, 
$940,000,000, to remain available until expended, of which not to 
exceed $285,000,000 shall be for debt service obligations: Provided, 
That the Secretary may retain up to one-quarter of 1 percent of the 
funds under this heading to fund the oversight by the Federal Railroad 
Administration of the design and implementation of capital projects 
funded by grants made under this heading: Provided further, That the 
Secretary shall approve funding for capital expenditures, including 
advance purchase orders of materials, for the Corporation only after 
receiving and reviewing a grant request for each specific capital grant 
justifying the Federal support to the Secretary's satisfaction: 
Provided further, That none of the funds under this heading may be used 
to subsidize operating losses of the Corporation: Provided further, 
That none of the funds under this heading may be used for capital 
projects not approved by the Secretary of Transportation or on the 
Corporation's fiscal year 2009 business plan: Provided further, That, 
the business plan shall be accompanied by a comprehensive fleet plan 
for all Amtrak rolling stock which shall address the Corporation's 
detailed plans and timeframes for the maintenance, refurbishment, 
replacement and expansion of the Amtrak fleet: Provided further, That 
said fleet plan shall establish year-specific goals and milestones and 
discuss potential, current, and preferred financing options for all 
such activities.


     EFFICIENCY INCENTIVE GRANTS TO THE NATIONAL RAILROAD PASSENGER 
                              CORPORATION

                               (RESCISSION)

    Of the amounts made available under this heading in Public Laws 
109-115 and 110-5, all unobligated balances as of the date of enactment 
of this provision are hereby rescinded.


        Administrative Provisions--Federal Railroad Administration

    Sec. 151. The Secretary may purchase promotional items of nominal 
value for use in public outreach activities to accomplish the purposes 
of 49 U.S.C. 20134: Provided, That the Secretary shall prescribe 
guidelines for the administration of such purchases and use.
    Sec. 152. Hereafter, notwithstanding any other provision of law, 
funds provided in this Act for the National Railroad Passenger 
Corporation shall immediately cease to be available to said Corporation 
in the event that the Corporation contracts to have services provided 
at or from any location outside the United States. For purposes of this 
section, the word ``services'' shall mean any service that was, as of 
July 1, 2006, performed by a full-time or part-time Amtrak employee 
whose base of employment is located within the United States.
    Sec. 153. The Secretary of Transportation may receive and expend 
cash, or receive and utilize spare parts and similar items, from non-
United States Government sources to repair damages to or replace United 
States Government owned automated track inspection cars and equipment 
as a result of third party liability for such damages, and any amounts 
collected under this section shall be credited directly to the Safety 
and Operations account of the Federal Railroad Administration, and 
shall remain available until expended for the repair, operation and 
maintenance of automated track inspection cars and equipment in 
connection with the automated track inspection program.
    Sec. 154. The Federal Railroad Administrator shall submit a 
quarterly report on April 1, 2009, and quarterly reports thereafter, to 
the House and Senate Committees on Appropriations detailing the 
Administrator's efforts at improving the on-time performance of Amtrak 
intercity rail service operating on non-Amtrak owned property. Such 
reports shall compare the most recent actual on-time performance data 
to pre-established on-time performance goals that the Administrator 
shall set for each rail service, identified by route. Such reports 
shall also include whatever other information and data regarding the 
on-time performance of Amtrak trains the Administrator deems to be 
appropriate. The amounts made available in this title under the heading 
``Office of the Secretary, Salaries and Expenses'' shall be reduced 
$100,000 for each day after the first day of each quarter that the 
quarterly reports required by this section are not submitted to the 
Congress.

                     Federal Transit Administration


                         Administrative Expenses

                      (including transfer of funds)

    For necessary administrative expenses of the Federal Transit 
Administration's programs authorized by chapter 53 of title 49, United 
States Code, $94,413,000: Provided, That of the funds available under 
this heading, not to exceed $1,800,000 shall be available for travel 
and not to exceed $23,322,000 shall be available for the central 
account: Provided further, That any funding transferred from the 
central account shall be submitted for approval to the House and Senate 
Committees on Appropriations: Provided further, That none of the funds 
provided or limited in this Act may be used to create a permanent 
office of transit security under this heading: Provided further, That 
of the funds in this Act available for the execution of contracts under 
section 5327(c) of title 49, United States Code, $2,000,000 shall be 
transferred to the Department of Transportation's Office of Inspector 
General for costs associated with audits and investigations of transit-
related issues, including reviews of new fixed guideway systems: 
Provided further, That upon submission to the Congress of the fiscal 
year 2010 President's budget, the Secretary of Transportation shall 
transmit to Congress the annual report on new starts, including 
proposed allocations of funds for fiscal year 2010.


                          Formula and Bus Grants

                   (liquidation of contract authority)

                       (limitation on obligations)

                           (highway trust fund)

    For payment of obligations incurred in carrying out the provisions 
of 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5316, 5317, 5320, 
5335, 5339, and 5340 and section 3038 of Public Law 105-178, as 
amended, $8,670,000,000 to be derived from the Mass Transit Account of 
the Highway Trust Fund and to remain available until expended: 
Provided, That funds available for the implementation or execution of 
programs authorized under 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 
5316, 5317, 5320, 5335, 5339, and 5340 and section 3038 of Public Law 
105-178, as amended, shall not exceed total obligations of 
$8,260,565,000 in fiscal year 2009.


                 Research and University Research Centers

    For necessary expenses to carry out 49 U.S.C. 5306, 5312-5315, 
5322, and 5506, $67,000,000, to remain available until expended: 
Provided, That $10,000,000 is available to carry out the transit 
cooperative research program under section 5313 of title 49, United 
States Code, $4,300,000 is available for the National Transit Institute 
under section 5315 of title 49, United States Code, and $7,000,000 is 
available for university transportation centers program under section 
5506 of title 49, United States Code: Provided further, That 
$45,700,000 is available to carry out national research programs under 
sections 5312, 5313, 5314, and 5322 of title 49, United States Code.


                        Capital Investment Grants

    For necessary expenses to carry out section 5309 of title 49, 
United States Code, $1,809,250,000, to remain available until expended, 
of which no less than $200,000,000 is for section 5309(e) of such 
title: Provided, That of the funds available under this heading, 
amounts are to be made available as follows:
        AC Transit BRT Corridor, California, $4,000,000.
        Bellevue-Redmond BRT, King County, Washington, $10,952,330.
        BRT, Potomac Yard-Crystal City, City of Alexandria and 
    Arlington County, Virginia, $1,000,000.
        BRT, State Avenue Corridor, Wyandotte County, Kansas, 
    $1,500,000.
        Central Corridor Light Rail Transit Project, Minnesota, 
    $20,000,000.
        Central Florida Commuter Rail, Florida, $13,000,000.
        Central Link Initial Segment, Seattle, Washington, $25,962,062.
        Central Phoenix/East Valley Light Rail, Arizona, $91,800,000.
        Charlotte Rapid Transit Extension, North Carolina, $20,500,000.
        Commuter Rail Improvements, Fitchburg, Massachusetts, 
    $30,000,000.
        Commuter Rail Study--Phoenix to Tucson, Arizona, $3,500,000.
        CTA Brown Line (Ravenswood), Illinois, $30,474,404.
        CTA Circle Line, Illinois, $6,000,000.
        Dallas Area Rapid Transit Northwest/Southeast Light Rail MOS, 
    Texas, $87,974,716.
        Downtown Orlando East-West Circulator System, Florida, 
    $8,000,000.
        Dulles Corridor Metrorail, Virginia, $29,100,000.
        Honolulu High Capacity Transit Corridor Project, Hawaii, 
    $20,000,000.
        Houston Metropolitan Transit Authority Advanced Transit 
    Program/METRO Solutions Phase 2, Texas, $15,000,000.
        Hudson-Bergen MOS-2, Northern, New Jersey, $1,103,860.
        I-69 HOV/BRT, Mississippi, $7,650,000.
        Improvements to the Rosslyn Metro Station, Virginia, 
    $2,000,000.
        JTA BRT System, Jacksonville, Florida, $1,280,000.
        Largo Metrorail Extension, District of Columbia/Maryland, 
    $34,700,000.
        Livermore-Amador BRT, Livermore, California, $7,990,000.
        Long Island Rail Road East Side Access, New York, $209,623,898.
        Mason Corridor BRT, Fort Collins, Colorado, $11,182,000.
        MARC Capacity Improvements, Maryland, $13,000,000.
        Metra, Illinois, $24,000,000.
        Metro Gold Line Eastside Extension, Los Angeles, California, 
    $81,600,000.
        Metrorail Orange Line Extension Project, Florida, $20,000,000.
        Metro Rapid Bus System Gap Closure, Los Angeles, California, 
    $332,620.
        Mid-City Rapid, San Diego, California, $19,485,000.
        Mid Jordan Light Rail Extension, Utah, $20,000,000.
        Mountain Links BRT, Flagstaff, Arizona, $5,614,200.
        Norfolk LRT, Virginia, $53,592,108.
        North Shore LRT Connector, Pennsylvania, $670,885.
        Northern Indiana Commuter Transit District, Indiana, 
    $5,000,000.
        Northstar Corridor Rail, Minnesota, $71,166,060.
        Pacific Highway South BRT, King County, Washington, $281,520.
        Perris Valley Line, Riverside, California, $45,000,000.
        Pioneer Parkway EmX BRT, Springfield, Oregon, $296,000.
        San Francisco Muni Third Street Light Rail--Central Subway 
    Project, California, $10,000,000.
        Second Avenue Subway Phase 1, New York, $277,697,000.
        South Corridor BRT, Kent County, Michigan, $600,000.
        South Corridor I-205/Portland Mall LRT, Oregon, $81,600,000.
        South County Commuter Rail, Wickford Junction Station, Rhode 
    Island, $1,345,500.
        South Sacramento Light Rail Extension, California, $7,000,000.
        Southeast Corridor, LRT, Colorado, $1,031,210.
        Stamford Urban Transitway, Connecticut, $3,650,000.
        Streetcar Loop, Portland, Oregon, $45,000,000.
        Trans-Hudson Midtown Corridor, New Jersey, $48,000,000.
        Troost Corridor BRT, Kansas City, Missouri, $125,200.
        Tucson Modern Streetcar/Light Rail Transit System, Tucson, 
    Arizona, $2,000,000.
        University Link LRT Extension, Washington, $100,000,000.
        Van Ness BRT Project, San Francisco, California, $400,000.
        VRE Rolling Stock, Virginia, $5,000,000.
        Weber County to Salt Lake City Commuter Rail, Utah, 
    $81,600,000.
        West Corridor LRT, Colorado, $60,000,000.
        Wilshire Boulevard Bus-Only Lane, Los Angeles, California, 
    $9,857,097.


        Administrative Provisions--Federal Transit Administration

                         (including rescissions)

    Sec. 160. The limitations on obligations for the programs of the 
Federal Transit Administration shall not apply to any authority under 
49 U.S.C. 5338, previously made available for obligation, or to any 
other authority previously made available for obligation.
    Sec. 161. Notwithstanding any other provision of law, funds 
appropriated or limited by this Act under the Federal Transit 
Administration, Capital Investment Grants account and for bus and bus 
facilities under the Federal Transit Administration, Formula and Bus 
Grants account for projects specified in this Act or identified in 
reports accompanying this Act not obligated by September 30, 2011, and 
other recoveries, shall be directed to projects eligible to use the 
funds for the purposes for which they were originally provided.
    Sec. 162. Notwithstanding any other provision of law, any funds 
appropriated before October 1, 2008, under any section of chapter 53 of 
title 49, United States Code, that remain available for expenditure, 
may be transferred to and administered under the most recent 
appropriation heading for any such section.
    Sec. 163. Notwithstanding any other provision of law, unobligated 
funds made available for new fixed guideway system projects under the 
heading ``Federal Transit Administration, Capital investment grants'' 
in any appropriations Act prior to this Act may be used during this 
fiscal year to satisfy expenses incurred for such projects.
    Sec. 164.  During fiscal year 2009, each Federal Transit 
Administration grant for a project that involves the acquisition or 
rehabilitation of a bus to be used in public transportation shall be 
funded for 90 percent of the net capital costs of a biodiesel bus or a 
factory-installed or retrofitted hybrid electric propulsion system and 
any equipment related to such a system: Provided, That the Secretary 
shall have the discretion to determine, through practicable 
administrative procedures, the costs attributable to the system and 
related-equipment.
    Sec. 165. Notwithstanding any other provision of law, in regard to 
the Central Link Initial Segment Project, to the extent that Federal 
funds remain available within the current budget for the project, the 
Secretary shall, immediately upon the date of enactment of this Act, 
amend the Full Funding Grant Agreement for said project to allow 
remaining Federal funds to be used to support completion of the Airport 
Link extension of said project.
    Sec. 166.  Any unexpended funds in Federal Transit Administration 
grant numbers KS-03-0018 and KS-03-0032 shall be made available, at the 
request of the State, for a bus rapid transit project and related 
capital purchases and facility improvements, in Johnson County, Kansas 
City, KS under the terms and conditions required to carry out section 
5309(b)(3) of title 49, United States Code to the extent applicable.
    Sec. 167. Of the balances available for this fiscal year to carry 
out 49 U.S.C. 5309(b) left to the discretion of the Secretary of 
Transportation, $100,000,000 are permanently rescinded.
    Sec. 168. None of the funds provided or limited under this Act may 
be used to issue a final regulation under section 5309 of title 49, 
United States Code, except that the Federal Transit Administration may 
continue to review comments received on the proposed rule (Docket No. 
FTA-2006-25737).
    Sec. 169. Funds made available for Alaska or Hawaii ferry boats or 
ferry terminal facilities pursuant to 49 U.S.C. 5309(m)(2)(B) may be 
used to construct new vessels and facilities, or to improve existing 
vessels and facilities, including both the passenger and vehicle-
related elements of such vessels and facilities, and for repair 
facilities: Provided, That not more than $4,000,000 of the funds made 
available pursuant to 49 U.S.C. 5309(m)(2)(B) may be used by the City 
and County of Honolulu to operate a passenger ferry boat service 
demonstration project to test the viability of different intra-island 
ferry boat routes and technologies.
    Sec. 170. Notwithstanding any other provision of law, unobligated 
funds or recoveries under section 5309 of title 49, United States Code, 
that are available to the Secretary of Transportation for reallocation 
shall be directed to projects eligible to use the funds for the 
purposes for which they were originally provided.
    Sec. 171. Notwithstanding any other provision of law, the 
$2,695,000 appropriated for the Charlotte Rapid Transit Extension--
Northeast Corridor Light Rail Project, North Carolina under the 
Alternatives Analysis Account in division K of the Consolidated 
Appropriations Act, 2008 (Public Law 110-161) shall be used for the 
Charlotte Rapid Transit Extension--Northeast Corridor to carry out new 
fixed guideway or extension to existing fixed guideway activities 
described in section 5309 of title 49, United States Code.

             Saint Lawrence Seaway Development Corporation

    The Saint Lawrence Seaway Development Corporation is hereby 
authorized to make such expenditures, within the limits of funds and 
borrowing authority available to the Corporation, and in accord with 
law, and to make such contracts and commitments without regard to 
fiscal year limitations as provided by section 104 of the Government 
Corporation Control Act, as amended, as may be necessary in carrying 
out the programs set forth in the Corporation's budget for the current 
fiscal year.


                        operations and maintenance

                     (harbor maintenance trust fund)

    For necessary expenses for operations, maintenance, and capital 
asset renewal of those portions of the Saint Lawrence Seaway owned, 
operated, and maintained by the Saint Lawrence Seaway Development 
Corporation, $31,842,000, to be derived from the Harbor Maintenance 
Trust Fund, pursuant to Public Law 99-662.

                        Maritime Administration


                        Maritime Security Program

    For necessary expenses to maintain and preserve a U.S.-flag 
merchant fleet to serve the national security needs of the United 
States, $174,000,000, to remain available until expended.


                         Operations and Training

    For necessary expenses of operations and training activities 
authorized by law, $123,360,000, of which $10,500,000 shall remain 
available until expended for maintenance and repair of Schoolships at 
State Maritime Schools, of which $8,150,000 shall remain available 
until expended for capital improvements at the United States Merchant 
Marine Academy, and of which $53,208,000 shall be available for 
operations at the United States Merchant Marine Academy: Provided, That 
amounts apportioned for the United States Merchant Marine Academy shall 
be available only upon allotments made personally by the Secretary of 
Transportation and not a designee: Provided further, That the 
Superintendent, Deputy Superintendent and the Director of the Office of 
Resource Management of the United States Merchant Marine Academy may 
not be allotment holders for the United States Merchant Marine Academy, 
and the Administrator of Maritime Administration shall hold all 
allotments made by the Secretary of Transportation under the previous 
proviso: Provided further, That 50 percent of the funding made 
available for the United States Merchant Marine Academy under this 
heading shall be available only after the Secretary, in consultation 
with the Maritime Administration, completes a plan detailing by program 
or activity and by object class how such funding will be expended at 
the Academy, and this plan is submitted to the House and Senate 
Committees on Appropriations.


                              Ship Disposal

    For necessary expenses related to the disposal of obsolete vessels 
in the National Defense Reserve Fleet of the Maritime Administration, 
$15,000,000, to remain available until expended.


                      Assistance to Small Shipyards

    To make grants to qualified shipyards as authorized under section 
3506 of Public Law 109-163 or section 54101 of title 46, United States 
Code, $17,500,000, to remain available until expended: Provided, That 
to be considered for assistance, a qualified shipyard shall submit an 
application for assistance no later than 60 days after enactment of 
this Act: Provided further, That from applications submitted under the 
previous proviso, the Secretary of Transportation shall make grants no 
later than 120 days after enactment of this Act in such amounts as the 
Secretary determines: Provided further, That not to exceed 2 percent of 
the funds appropriated under this heading shall be available for 
necessary costs of grant administration.

          maritime guaranteed loan (title xi) program account

                     (including transfer of funds)

    For administrative expenses to carry out the guaranteed loan 
program, not to exceed $3,531,000, which shall be transferred to and 
merged with the appropriation for ``Operations and Training'', Maritime 
Administration.


                            Ship Construction

                               (rescission)

    Of the unobligated balances available under this heading, 
$1,382,554 are rescinded.


            Administrative Provisions--Maritime Administration

    Sec. 175. Notwithstanding any other provision of this Act, the 
Maritime Administration is authorized to furnish utilities and services 
and make necessary repairs in connection with any lease, contract, or 
occupancy involving Government property under control of the Maritime 
Administration, and payments received therefor shall be credited to the 
appropriation charged with the cost thereof: Provided, That rental 
payments under any such lease, contract, or occupancy for items other 
than such utilities, services, or repairs shall be covered into the 
Treasury as miscellaneous receipts.
    Sec. 176. No obligations shall be incurred during the current 
fiscal year from the construction fund established by the Merchant 
Marine Act, 1936 (46 U.S.C. 53101 note (cds)), or otherwise, in excess 
of the appropriations and limitations contained in this Act or in any 
prior appropriations Act.
    Sec. 177. Section 51509 of title 46, United States Code, is amended 
in subsection (b) by deleting ``$4,000'' and inserting in lieu thereof 
``$8,000'' and by inserting ``tuition,'' after ``uniforms,''.

         Pipeline and Hazardous Materials Safety Administration


                         Administrative Expenses

                          (pipeline safety fund)

    For necessary operational expenses of the Pipeline and Hazardous 
Materials Safety Administration, $19,130,000, of which $639,000 shall 
be derived from the Pipeline Safety Fund: Provided, That $1,000,000 
shall be transferred to ``Pipeline Safety'' in order to fund ``Pipeline 
safety information grants to communities'' as authorized in section 
60130 of title 49, United States Code: Provided further, That grants 
described under the previous proviso shall be awarded within 120 days 
of enactment of this Act.


                        hazardous materials safety

    For expenses necessary to discharge the hazardous materials safety 
functions of the Pipeline and Hazardous Materials Safety 
Administration, $32,000,000, of which $3,302,000 shall remain available 
until September 30, 2011: Provided, That up to $800,000 in fees 
collected under 49 U.S.C. 5108(g) shall be deposited in the general 
fund of the Treasury as offsetting receipts: Provided further, That 
there may be credited to this appropriation, to be available until 
expended, funds received from States, counties, municipalities, other 
public authorities, and private sources for expenses incurred for 
training, for reports publication and dissemination, and for travel 
expenses incurred in performance of hazardous materials exemptions and 
approvals functions.


                             Pipeline Safety

                          (pipeline safety fund)

                     (oil spill liability trust fund)

    For expenses necessary to conduct the functions of the pipeline 
safety program, for grants-in-aid to carry out a pipeline safety 
program, as authorized by 49 U.S.C. 60107, and to discharge the 
pipeline program responsibilities of the Oil Pollution Act of 1990, 
$93,291,000, of which $18,810,000 shall be derived from the Oil Spill 
Liability Trust Fund and shall remain available until September 30, 
2011; and of which $74,481,000 shall be derived from the Pipeline 
Safety Fund, of which $40,081,000 shall remain available until 
September 30, 2011: Provided, That not less than $1,043,000 of the 
funds provided under this heading shall be for the one-call State grant 
program.


                      Emergency Preparedness Grants

                      (emergency preparedness fund)

    For necessary expenses to carry out 49 U.S.C. 5128(b), $188,000, to 
be derived from the Emergency Preparedness Fund, to remain available 
until September 30, 2010: Provided, That not more than $28,318,000 
shall be made available for obligation in fiscal year 2009 from amounts 
made available by 49 U.S.C. 5116(i) and 5128(b)-(c): Provided further, 
That none of the funds made available by 49 U.S.C. 5116(i), 5128(b), or 
5128(c) shall be made available for obligation by individuals other 
than the Secretary of Transportation, or his or her designee.

           Research and Innovative Technology Administration


                         Research and Development

    For necessary expenses of the Research and Innovative Technology 
Administration, $12,900,000, of which $6,936,000 shall remain available 
until September 30, 2011: Provided, That there may be credited to this 
appropriation, to be available until expended, funds received from 
States, counties, municipalities, other public authorities, and private 
sources for expenses incurred for training.

                      Office of Inspector General


                          Salaries and Expenses

    For necessary expenses of the Office of Inspector General to carry 
out the provisions of the Inspector General Act of 1978, as amended, 
$71,400,000: Provided, That the Inspector General shall have all 
necessary authority, in carrying out the duties specified in the 
Inspector General Act, as amended (5 U.S.C. App. 3), to investigate 
allegations of fraud, including false statements to the government (18 
U.S.C. 1001), by any person or entity that is subject to regulation by 
the Department: Provided further, That the funds made available under 
this heading shall be used to investigate, pursuant to section 41712 of 
title 49, United States Code: (1) unfair or deceptive practices and 
unfair methods of competition by domestic and foreign air carriers and 
ticket agents; and (2) the compliance of domestic and foreign air 
carriers with respect to item (1) of this proviso.

                      Surface Transportation Board


                          Salaries and Expenses

    For necessary expenses of the Surface Transportation Board, 
including services authorized by 5 U.S.C. 3109, $26,847,000: Provided, 
That notwithstanding any other provision of law, not to exceed 
$1,250,000 from fees established by the Chairman of the Surface 
Transportation Board shall be credited to this appropriation as 
offsetting collections and used for necessary and authorized expenses 
under this heading: Provided further, That the sum herein appropriated 
from the general fund shall be reduced on a dollar-for-dollar basis as 
such offsetting collections are received during fiscal year 2009, to 
result in a final appropriation from the general fund estimated at no 
more than $25,597,000.

            General Provisions--Department of Transportation

    Sec. 180.  During the current fiscal year applicable appropriations 
to the Department of Transportation shall be available for maintenance 
and operation of aircraft; hire of passenger motor vehicles and 
aircraft; purchase of liability insurance for motor vehicles operating 
in foreign countries on official department business; and uniforms or 
allowances therefor, as authorized by law (5 U.S.C. 5901-5902).
    Sec. 181. Appropriations contained in this Act for the Department 
of Transportation shall be available for services as authorized by 5 
U.S.C. 3109, but at rates for individuals not to exceed the per diem 
rate equivalent to the rate for an Executive Level IV.
    Sec. 182. None of the funds in this Act shall be available for 
salaries and expenses of more than 110 political and Presidential 
appointees in the Department of Transportation: Provided, That none of 
the personnel covered by this provision may be assigned on temporary 
detail outside the Department of Transportation.
    Sec. 183. None of the funds in this Act shall be used to implement 
section 404 of title 23, United States Code.
    Sec. 184. (a) No recipient of funds made available in this Act 
shall disseminate personal information (as defined in 18 U.S.C. 
2725(3)) obtained by a State department of motor vehicles in connection 
with a motor vehicle record as defined in 18 U.S.C. 2725(1), except as 
provided in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721.
    (b) Notwithstanding subsection (a), the Secretary shall not 
withhold funds provided in this Act for any grantee if a State is in 
noncompliance with this provision.
    Sec. 185. Funds received by the Federal Highway Administration, 
Federal Transit Administration, and Federal Railroad Administration 
from States, counties, municipalities, other public authorities, and 
private sources for expenses incurred for training may be credited 
respectively to the Federal Highway Administration's ``Federal-Aid 
Highways'' account, the Federal Transit Administration's ``Research and 
University Research Centers'' account, and to the Federal Railroad 
Administration's ``Safety and Operations'' account, except for State 
rail safety inspectors participating in training pursuant to 49 U.S.C. 
20105.
    Sec. 186. Funds provided or limited in this Act under the 
appropriate accounts within the Federal Highway Administration, the 
Federal Railroad Administration and the Federal Transit Administration 
shall be for the eligible programs, projects and activities in the 
corresponding amounts identified in the explanatory statement 
accompanying this Act for ``Ferry Boats and Ferry Terminal 
Facilities'', ``Federal Lands'', ``Interstate Maintenance 
Discretionary'', ``Transportation, Community and System Preservation 
Program'', ``Delta Region Transportation Development Program'', ``Rail 
Line Relocation and Improvement Program'', ``Rail-highway crossing 
hazard eliminations'', ``Alternatives analysis'', and ``Bus and bus 
facilities''.
    Sec. 187. Notwithstanding any other provisions of law, rule or 
regulation, the Secretary of Transportation is authorized to allow the 
issuer of any preferred stock heretofore sold to the Department to 
redeem or repurchase such stock upon the payment to the Department of 
an amount determined by the Secretary.
    Sec. 188.  None of the funds in this Act to the Department of 
Transportation may be used to make a grant unless the Secretary of 
Transportation notifies the House and Senate Committees on 
Appropriations not less than 3 full business days before any 
discretionary grant award, letter of intent, or full funding grant 
agreement totaling $500,000 or more is announced by the department or 
its modal administrations from: (1) any discretionary grant program of 
the Federal Highway Administration including the emergency relief 
program; (2) the airport improvement program of the Federal Aviation 
Administration; (3) any grant from the Federal Railroad Administration; 
or (4) any program of the Federal Transit Administration other than the 
formula grants and fixed guideway modernization programs: Provided, 
That the Secretary gives concurrent notification to the House and 
Senate Committees on Appropriations for any ``quick release'' of funds 
from the emergency relief program: Provided further, That no 
notification shall involve funds that are not available for obligation.
    Sec. 189. Rebates, refunds, incentive payments, minor fees and 
other funds received by the Department of Transportation from travel 
management centers, charge card programs, the subleasing of building 
space, and miscellaneous sources are to be credited to appropriations 
of the Department of Transportation and allocated to elements of the 
Department of Transportation using fair and equitable criteria and such 
funds shall be available until expended.
    Sec. 190.  Amounts made available in this or any other Act that the 
Secretary determines represent improper payments by the Department of 
Transportation to a third party contractor under a financial assistance 
award, which are recovered pursuant to law, shall be available--
        (1) to reimburse the actual expenses incurred by the Department 
    of Transportation in recovering improper payments; and
        (2) to pay contractors for services provided in recovering 
    improper payments or contractor support in the implementation of 
    the Improper Payments Information Act of 2002: Provided, That 
    amounts in excess of that required for paragraphs (1) and (2)--
            (A) shall be credited to and merged with the appropriation 
        from which the improper payments were made, and shall be 
        available for the purposes and period for which such 
        appropriations are available; or
            (B) if no such appropriation remains available, shall be 
        deposited in the Treasury as miscellaneous receipts: Provided 
        further, That prior to the transfer of any such recovery to an 
        appropriations account, the Secretary shall notify the House 
        and Senate Committees on Appropriations of the amount and 
        reasons for such transfer: Provided further, That for purposes 
        of this section, the term ``improper payments'', has the same 
        meaning as that provided in section 2(d)(2) of Public Law 107-
        300.
    Sec. 191. Notwithstanding any other provision of law, if any funds 
provided in or limited by this Act are subject to a reprogramming 
action that requires notice to be provided to the House and Senate 
Committees on Appropriations, said reprogramming action shall be 
approved or denied solely by the Committees on Appropriations: 
Provided, That the Secretary may provide notice to other congressional 
committees of the action of the Committees on Appropriations on such 
reprogramming but not sooner than 30 days following the date on which 
the reprogramming action has been approved or denied by the House and 
Senate Committees on Appropriations.
    Sec. 192. (a) None of the funds appropriated or otherwise made 
available under this Act to the Surface Transportation Board of the 
Department of Transportation may be used to take any action to allow 
any activity described in subsection (b) in a case, matter, or 
declaratory order involving a railroad, or an entity claiming or 
seeking authority to operate as a railroad, unless the Board receives 
written assurance from the Governor, or the Governor's designee, of the 
State in which such activity will occur that such railroad or entity 
has agreed to comply with State and local regulations that establish 
public health, safety, and environmental standards for the activities 
described in subsection (b), other than zoning laws or regulations.
    (b) Activities referred to in subsection (a) are activities that 
occur at a solid waste rail transfer facility involving--
        (1) the collection, storage, or transfer of solid waste (as 
    defined in section 1004 of the Solid Waste Disposal Act (42 U.S.C. 
    6903)) outside of original shipping containers; or
        (2) the separation or processing of solid waste (including 
    baling, crushing, compacting, and shredding).
    Sec. 193. None of the funds appropriated or otherwise made 
available under this Act may be used by the Surface Transportation 
Board of the Department of Transportation to charge or collect any 
filing fee for rate complaints filed with the Board in an amount in 
excess of the amount authorized for district court civil suit filing 
fees under section 1914 of title 28, United States Code.
    Sec. 194. Of the funds made available or limited by this Act, which 
are not otherwise allocated under this Act or under SAFETEA-LU (Public 
Law 109-59) or necessary to fulfill existing agreements between the 
Department of Transportation and metropolitan areas under the ``Urban 
Partnerships'' and ``Congestion-Reduction Demonstration'' programs, not 
more than 10 percent of such funds for any program that is allocated at 
the discretion of the Secretary may be expended in furtherance of the 
Department of Transportation's ``National Strategy to Reduce Congestion 
on America's Transportation Network'' issued May 2006 by Secretary of 
Transportation, the Honorable Norman Mineta; also known as the 
``Congestion Initiative'' or any other new congestion initiative.
    Sec. 195. Of the funds available for Ferry Boats and Ferry Terminal 
Facilities, $950,000 shall be for Missouri River, Route 240, Saline and 
Howard Counties for expenses, including reimbursement of previously 
incurred expenses, for alternative transportation (including ferryboat 
service) during bridge replacement.
    Sec. 196. Notwithstanding any other provision of law, the State of 
New Mexico may use funds apportioned to the State under section 
104(b)(2) of title 23, United States Code, for the congestion 
mitigation and air quality improvement program under section 149 of 
title 23, United States Code, to support the operation of commuter rail 
service between Belen and Bernalillo, New Mexico.
    Sec. 197. Notwithstanding any other provision of law, funds made 
available in fiscal years 2006 through 2009 for item number 598 in 
section 3044(a) of Public Law 109-59 that are unobligated or unexpended 
in a grant shall be made available to OATS, Incorporated for buses and 
bus-related facilities.
    Sec. 198. Notwithstanding any other provision of law, funds made 
available in fiscal years 2006 through 2009 for item number 1152 in 
section 1702 of Public Law 109-59 that are unobligated or unexpended 
shall be made available for maintenance, repair and reconstruction of 
the Tucker Bridge in the City of St. Louis, Missouri.
    Sec. 199. Notwithstanding any other provision of law, section 198 
of division K of Public Law 110-161 shall continue in effect during 
fiscal year 2009.
     This title may be cited as the ``Department of Transportation 
Appropriations Act, 2009''.

                                TITLE II

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                     Management and Administration


                           executive direction

    For necessary salaries and expenses for Executive Direction, 
$23,799,456, of which not to exceed $3,885,581 shall be available for 
the immediate Office of the Secretary and Deputy Secretary; not to 
exceed $1,613,898 shall be available for the Office of Hearings and 
Appeals; not to exceed $544,552 shall be available for the Office of 
Small and Disadvantaged Business Utilization; not to exceed $720,343 
shall be available for the immediate Office of the Chief Financial 
Officer; not to exceed $1,516,800 shall be available for the immediate 
Office of the General Counsel; not to exceed $2,715,488 shall be 
available to the Office of the Assistant Secretary for Congressional 
and Intergovernmental Relations; not to exceed $2,586,721 shall be 
available for the Office of the Assistant Secretary for Public Affairs; 
not to exceed $1,005,120 shall be available for the Office of the 
Assistant Secretary for Administration; not to exceed $1,602,655 shall 
be available to the Office of the Assistant Secretary for Public and 
Indian Housing; not to exceed $1,707,499 shall be available to the 
Office of the Assistant Secretary for Community Planning and 
Development; not to exceed $3,778,560 shall be available to the Office 
of the Assistant Secretary for Housing, Federal Housing Commissioner; 
not to exceed $1,431,212 shall be available to the Office of the 
Assistant Secretary for Policy Development and Research; and not to 
exceed $691,027 shall be available to the Office of the Assistant 
Secretary for Fair Housing and Equal Opportunity: Provided, That the 
Secretary of the Department of Housing and Urban Development is 
authorized to transfer funds appropriated for any office funded under 
this heading to any other office funded under this heading following 
the written notification to the House and Senate Committees on 
Appropriations: Provided further, That no appropriation for any office 
shall be increased or decreased by more than 5 percent by all such 
transfers: Provided further, That notice of any change in funding 
greater than 5 percent shall be submitted for prior approval to the 
House and Senate Committees on Appropriations: Provided further, That 
the Secretary shall provide the Committees on Appropriations quarterly 
written notification regarding the status of pending congressional 
reports: Provided further, That the Secretary shall provide all signed 
reports required by Congress electronically: Provided further, That not 
to exceed $25,000 of the amount made available under this paragraph for 
the immediate Office of the Secretary shall be available for official 
reception and representation expenses as the Secretary may determine.


                Administration, Operations and Management

    For necessary salaries and expenses for administration, operations 
and management for the Department of Housing and Urban Development, 
$527,433,640, of which not to exceed $75,510,000 shall be available for 
the personnel compensation and benefits of the Office of 
Administration; not to exceed $11,003,940 shall be available for the 
personnel compensation and benefits of the Office of Departmental 
Operations and Coordination; not to exceed $48,817,430 shall be 
available for the personnel compensation and benefits of the Office of 
Field Policy and Management; not to exceed $13,438,200 shall be 
available for the personnel compensation and benefits of the Office of 
the Chief Procurement Officer; not to exceed $34,028,820 shall be 
available for the personnel compensation and benefits of the remaining 
staff in the Office of the Chief Financial Officer; not to exceed 
$84,837,460 shall be available for the personnel compensation and 
benefits of the remaining staff in the Office of the General Counsel; 
not to exceed $3,085,120 shall be available for the personnel 
compensation and benefits of the Office of Departmental Equal 
Employment Opportunity; not to exceed $1,215,280 shall be available for 
the personnel compensation and benefits for the Center for Faith-Based 
and Community Initiatives; and not to exceed $255,497,390 shall be 
available for non-personnel expenses of the Department of Housing and 
Urban Development: Provided, That, funds provided under this heading 
may be used for necessary administrative and non-administrative 
expenses of the Department of Housing and Urban Development, not 
otherwise provided for, including purchase of uniforms, or allowances 
therefor, as authorized by 5 U.S.C. 5901-5902; hire of passenger motor 
vehicles; services as authorized by 5 U.S.C. 3109: Provided further, 
That notwithstanding any other provision of law, funds appropriated 
under this heading may be used for advertising and promotional 
activities that support the housing mission area: Provided further, 
That the Secretary of Housing and Urban Development is authorized to 
transfer funds appropriated for any office included in Administration, 
Operations and Management to any other office included in 
Administration, Operations and Management only after such transfer has 
been submitted to, and received prior written approval by, the House 
and Senate Committees on Appropriations: Provided further, That no 
appropriation for any office shall be increased or decreased by more 
than 10 percent by all such transfers.

                  Personnel Compensation and Benefits


                        Public and Indian Housing

    For necessary personnel compensation and benefits expenses of the 
Office of Public and Indian Housing, $190,390,100.


                    Community Planning and Development

    For necessary personnel compensation and benefits expenses of the 
Office of Community Planning and Development mission area, $94,233,700.


                                 Housing

    For necessary personnel compensation and benefits expenses of the 
Office of Housing, $363,198,000.


          office of the government national mortgage association

    For necessary personnel compensation and benefits expenses of the 
Office of the Government National Mortgage Association, $10,000,000, to 
be derived from the GNMA guarantees of mortgage backed securities 
guaranteed loan receipt account.


                     Policy Development and Research

    For necessary personnel compensation and benefits expenses of the 
Office of Policy Development and Research, $18,070,850.


                    Fair Housing and Equal Opportunity

    For necessary personnel compensation and benefits expenses of the 
Office of Fair Housing and Equal Opportunity, $69,020,990.


             Office of Healthy Homes and Lead Hazard Control

    For necessary personnel compensation and benefits expenses of the 
Office of Healthy Homes and Lead Hazard Control, $6,727,950.

                       Public and Indian Housing


                      tenant-based rental assistance

                      (including transfer of funds)

    For activities and assistance for the provision of tenant-based 
rental assistance authorized under the United States Housing Act of 
1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not 
otherwise provided for, $16,817,000,000, to remain available until 
expended, of which $12,817,000,000 shall be available on October 1, 
2008, and $4,000,000,000 shall be available on October 1, 2009: 
Provided, That the amounts made available under this heading are 
provided as follows:
        (1) $15,034,071,000 shall be available for renewals of expiring 
    section 8 tenant-based annual contributions contracts (including 
    renewals of enhanced vouchers under any provision of law 
    authorizing such assistance under section 8(t) of the Act) and 
    including renewal of other designated housing vouchers initially 
    funded in fiscal year 2008 (such as Family Unification, Veterans 
    Affairs Supportive Housing Vouchers and Non-elderly Disabled 
    Vouchers): Provided, That notwithstanding any other provision of 
    law, from amounts provided under this paragraph and any carryover, 
    the Secretary for the calendar year 2009 funding cycle shall 
    provide renewal funding for each public housing agency based on 
    voucher management system (VMS) leasing and cost data for the most 
    recent Federal fiscal year and by applying the 2009 Annual 
    Adjustment Factor as established by the Secretary, and by making 
    any necessary adjustments for the costs associated with deposits to 
    family self-sufficiency program escrow accounts or first-time 
    renewals including tenant protection or HOPE VI vouchers: Provided 
    further, That none of the funds provided under this paragraph may 
    be used to fund a total number of unit months under lease which 
    exceeds a public housing agency's authorized level of units under 
    contract: Provided further, That the Secretary shall, to the extent 
    necessary to stay within the amount specified under this paragraph 
    (except as otherwise modified under this Act), pro rate each public 
    housing agency's allocation otherwise established pursuant to this 
    paragraph: Provided further, That except as provided in the last 
    two provisos, the entire amount specified under this paragraph 
    (except as otherwise modified under this Act) shall be obligated to 
    the public housing agencies based on the allocation and pro rata 
    method described above and the Secretary shall notify public 
    housing agencies of their annual budget not later than 60 days 
    after enactment of this Act: Provided further, That the Secretary 
    may extend the 60-day notification period with the written approval 
    of the House and Senate Committees on Appropriations: Provided 
    further, That public housing agencies participating in the Moving 
    to Work demonstration shall be funded pursuant to their Moving to 
    Work agreements and shall be subject to the same pro rata 
    adjustments under the previous provisos: Provided further, That up 
    to $100,000,000 shall be available only: (1) to adjust the 
    allocations for public housing agencies, after application for an 
    adjustment by a public housing agency that experienced a 
    significant increase, as determined by the Secretary, in renewal 
    costs of tenant-based rental assistance resulting from unforeseen 
    circumstances or from portability under section 8(r) of the Act; 
    (2) for adjustments for public housing agencies with voucher 
    leasing rates at the end of the calendar year that exceed the 
    average leasing for the 12-month period used to establish the 
    allocation; (3) for adjustments for the costs associated with VASH 
    vouchers; and (4) for vouchers that were not in use during the 12-
    month period in order to be available to meet a commitment pursuant 
    to section 8(o)(13) of the Act.
        (2) $150,000,000 for section 8 rental assistance for relocation 
    and replacement of housing units that are demolished or disposed of 
    pursuant to the Omnibus Consolidated Rescissions and Appropriations 
    Act of 1996 (Public Law 104-134), conversion of section 23 projects 
    to assistance under section 8, the family unification program under 
    section 8(x) of the Act, relocation of witnesses in connection with 
    efforts to combat crime in public and assisted housing pursuant to 
    a request from a law enforcement or prosecution agency, enhanced 
    vouchers under any provision of law authorizing such assistance 
    under section 8(t) of the Act, HOPE VI vouchers, mandatory and 
    voluntary conversions, and tenant protection assistance including 
    replacement and relocation assistance or for project based 
    assistance to prevent the displacement of unassisted elderly 
    tenants currently residing in section 202 properties financed 
    between 1959 and 1974 that are refinanced pursuant to Public Law 
    106-569, as amended or under the authority as provided under this 
    Act: Provided, That the Secretary shall provide replacement 
    vouchers for all units that were occupied within the previous 24 
    months that cease to be available as assisted housing, subject only 
    to the availability of funds.
        (3) Not to exceed $7,929,000 provided under this heading may be 
    transferred to the Working Capital Fund: Provided, That funding 
    made available under this section shall not be transferred to the 
    Working Capital Fund until the voucher management system leasing 
    and cost data is made available to the public on the Department of 
    Housing and Urban Development website.
        (4) $1,500,000,000 for administrative and other expenses of 
    public housing agencies in administering the section 8 tenant-based 
    rental assistance program and which up to $50,000,000 shall be 
    available to the Secretary to allocate to public housing agencies 
    that need additional funds to administer their section 8 programs, 
    including fees associated with section 8 tenant protection rental 
    assistance, the administration of disaster related vouchers, 
    Veterans Affairs Supportive Housing vouchers, and other incremental 
    vouchers: Provided, That no less than $1,400,000,000 of the amount 
    provided in this paragraph shall be allocated to public housing 
    agencies for the calendar year 2009 funding cycle based on section 
    8(q) of the Act (and related Appropriation Act provisions) as in 
    effect immediately before the enactment of the Quality Housing and 
    Work Responsibility Act of 1998 (Public Law 105-276): Provided 
    further, That if the amounts made available under this paragraph 
    are insufficient to pay the amounts determined under the previous 
    proviso, the Secretary may decrease the amounts allocated to 
    agencies by a uniform percentage applicable to all agencies 
    receiving funding under this paragraph or may, to the extent 
    necessary to provide full payment of amounts determined under the 
    previous proviso, utilize unobligated balances, including 
    recaptures and carryovers, remaining from funds appropriated to the 
    Department of Housing and Urban Development under this heading, for 
    fiscal year 2008 and prior fiscal years, notwithstanding the 
    purposes for which such amounts were appropriated: Provided 
    further, That amounts provided under this paragraph shall be only 
    for activities related to the provision of tenant-based rental 
    assistance authorized under section 8, including related 
    development activities: Provided further, That of the total amount 
    provided under this paragraph, $50,000,000 shall be made available 
    for family self-sufficiency coordinators under section 23 of the 
    Act.
        (5) $20,000,000 for incremental voucher assistance through the 
    Family Unification Program: Provided, That the assistance made 
    available under this paragraph shall continue to remain available 
    for family unification upon turnover: Provided further, That the 
    Secretary of Housing and Urban Development shall make such funding 
    available, notwithstanding section 204 (competition provision) of 
    this title, to entities with demonstrated experience and resources 
    for supportive services.
        (6) $75,000,000 for incremental rental voucher assistance for 
    use through a supported housing program administered in conjunction 
    with the Department of Veterans Affairs as authorized under section 
    8(o)(19) of the United States Housing Act of 1937: Provided, That 
    the Secretary of Housing and Urban Development shall make such 
    funding available, notwithstanding section 204 (competition 
    provision) of this title, to public housing agencies that partner 
    with eligible VA Medical Centers or other entities as designated by 
    the Secretary of the Department of Veterans Affairs, based on 
    geographical need for such assistance as identified by the 
    Secretary of the Department of Veterans Affairs, public housing 
    agency administrative performance, and other factors as specified 
    by the Secretary of Housing and Urban Development in consultation 
    with the Secretary of the Department of Veterans Affairs: Provided 
    further, That the Secretary of Housing and Urban Development may 
    waive, or specify alternative requirements for (in consultation 
    with the Secretary of the Department of Veterans Affairs), any 
    provision of any statute or regulation that the Secretary of 
    Housing and Urban Development administers in connection with the 
    use of funds made available under this paragraph (except for 
    requirements related to fair housing, nondiscrimination, labor 
    standards, and the environment), upon a finding by the Secretary 
    that any such waivers or alternative requirements are necessary for 
    the effective delivery and administration of such voucher 
    assistance: Provided further, That assistance made available under 
    this paragraph shall continue to remain available for homeless 
    veterans upon turn-over.
        (7) $30,000,000 for incremental vouchers under section 8 of the 
    Act for nonelderly disabled families: Provided, That assistance 
    made available under this paragraph shall continue to remain 
    available for the same population upon turnover: Provided further, 
    That the Secretary of Housing and Urban Development shall make such 
    funding available, notwithstanding section 204 (competition 
    provision) of this title, to entities with demonstrated experience 
    and resources for supportive services.


                         housing certificate fund

    Of the unobligated balances, including recaptures and carryover, 
remaining from funds appropriated to the Department of Housing and 
Urban Development under this heading, the heading ``Annual 
Contributions for Assisted Housing'' and the heading ``Project-Based 
Rental Assistance'', for fiscal year 2009 and prior years may be used 
for renewal of or amendments to section 8 project-based contracts and 
for performance-based contract administrators, notwithstanding the 
purposes for which such funds were appropriated: Provided, That any 
obligated balances of contract authority from fiscal year 1974 and 
prior that have been terminated shall be cancelled.

                      public housing capital fund

                     (including transfer of funds)

    For the Public Housing Capital Fund Program to carry out capital 
and management activities for public housing agencies, as authorized 
under section 9 of the United States Housing Act of 1937 (42 U.S.C. 
1437g) (the ``Act'') $2,450,000,000, to remain available until 
September 30, 2012: Provided, That notwithstanding any other provision 
of law or regulation, during fiscal year 2009 the Secretary of Housing 
and Urban Development may not delegate to any Department official other 
than the Deputy Secretary and the Assistant Secretary for Public and 
Indian Housing any authority under paragraph (2) of section 9(j) 
regarding the extension of the time periods under such section: 
Provided further, That for purposes of such section 9(j), the term 
``obligate'' means, with respect to amounts, that the amounts are 
subject to a binding agreement that will result in outlays, immediately 
or in the future: Provided further, That of the total amount provided 
under this heading, up to $10,000,000 shall be for carrying out 
activities under section 9(h) of such Act; not to exceed $14,577,000 
may be transferred to the Working Capital Fund; and up to $15,345,000 
shall be to support the ongoing Public Housing Financial and Physical 
Assessment activities of the Real Estate Assessment Center (REAC): 
Provided further, That no funds may be used under this heading for the 
purposes specified in section 9(k) of the Act: Provided further, That 
of the total amount provided under this heading, not to exceed 
$20,000,000 shall be available for the Secretary to make grants, 
notwithstanding section 204 of this Act, to public housing agencies for 
emergency capital needs including safety and security measures 
necessary to address crime and drug-related activity as well as needs 
resulting from unforeseen or unpreventable emergencies and natural 
disasters excluding Presidentially declared disasters occurring in 
fiscal year 2009: Provided further, That of the total amount provided 
under this heading, $40,000,000 shall be for supportive services, 
service coordinators and congregate services as authorized by section 
34 of the Act (42 U.S.C. 1437z-6) and the Native American Housing 
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.): 
Provided further, That of the total amount provided under this heading 
up to $8,820,000 is to support the costs of administrative and judicial 
receiverships: Provided further, That from the funds made available 
under this heading, the Secretary shall provide bonus awards in fiscal 
year 2009 to public housing agencies that are designated high 
performers.


                      Public Housing Operating Fund

    For 2009 payments to public housing agencies for the operation and 
management of public housing, as authorized by section 9(e) of the 
United States Housing Act of 1937 (42 U.S.C. 1437g(e)), $4,455,000,000; 
of which $5,940,000 shall be for competitive grants and contracts to 
third parties for the provision of technical assistance to public 
housing agencies related to the transition and implementation of asset-
based management in public housing: Provided, That, in fiscal year 2009 
and all fiscal years hereafter, no amounts under this heading in any 
appropriations Act may be used for payments to public housing agencies 
for the costs of operation and management of public housing for any 
year prior to the current year of such Act: Provided further, That no 
funds may be used under this heading for the purposes specified in 
section 9(k) of the United States Housing Act of 1937.


      Revitalization of Severely Distressed Public Housing (Hope VI)

    For grants to public housing agencies for demolition, site 
revitalization, replacement housing, and tenant-based assistance grants 
to projects as authorized by section 24 of the United States Housing 
Act of 1937 (42 U.S.C. 1437v), $120,000,000, to remain available until 
September 30, 2010, of which the Secretary of Housing and Urban 
Development shall use $2,400,000 for technical assistance and contract 
expertise, to be provided directly or indirectly by grants, contracts 
or cooperative agreements, including training and cost of necessary 
travel for participants in such training, by or to officials and 
employees of the department and of public housing agencies and to 
residents: Provided, That none of such funds shall be used directly or 
indirectly by granting competitive advantage in awards to settle 
litigation or pay judgments, unless expressly permitted herein.


                   Native American Housing Block Grants

    For the Native American Housing Block Grants program, as authorized 
under title I of the Native American Housing Assistance and Self-
Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.), 
$645,000,000, to remain available until expended: Provided, That, 
notwithstanding the Native American Housing Assistance and Self-
Determination Act of 1996, to determine the amount of the allocation 
under title I of such Act for each Indian tribe, the Secretary shall 
apply the formula under section 302 of such Act with the need component 
based on single-race Census data and with the need component based on 
multi-race Census data, and the amount of the allocation for each 
Indian tribe shall be the greater of the two resulting allocation 
amounts: Provided further, That of the amounts made available under 
this heading, $3,500,000 shall be contracted for assistance for a 
national organization representing Native American housing interests 
for providing training and technical assistance to Indian housing 
authorities and tribally designated housing entities as authorized 
under NAHASDA; and $4,250,000 shall be to support the inspection of 
Indian housing units, contract expertise, training, and technical 
assistance in the training, oversight, and management of such Indian 
housing and tenant-based assistance, including up to $300,000 for 
related travel: Provided further, That of the amount provided under 
this heading, $2,000,000 shall be made available for the cost of 
guaranteed notes and other obligations, as authorized by title VI of 
NAHASDA: Provided further, That such costs, including the costs of 
modifying such notes and other obligations, shall be as defined in 
section 502 of the Congressional Budget Act of 1974, as amended: 
Provided further, That these funds are available to subsidize the total 
principal amount of any notes and other obligations, any part of which 
is to be guaranteed, not to exceed $17,000,000.


                   native hawaiian housing block grant

    For the Native Hawaiian Housing Block Grant program, as authorized 
under title VIII of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4111 et seq.), $10,000,000, to 
remain available until expended: Provided, That of this amount, 
$299,211 shall be for training and technical assistance activities, 
including up to $100,000 for related travel by Hawaii-based HUD 
employees.


            Indian Housing Loan Guarantee Fund Program Account

    For the cost of guaranteed loans, as authorized by section 184 of 
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13a), $9,000,000, to remain available until expended: Provided, That 
such costs, including the costs of modifying such loans, shall be as 
defined in section 502 of the Congressional Budget Act of 1974: 
Provided further, That these funds are available to subsidize total 
loan principal, any part of which is to be guaranteed, up to 
$420,000,000: Provided further, That up to $750,000 shall be for 
administrative contract expenses including management processes and 
systems to carry out the loan guarantee program.


       Native Hawaiian Housing Loan Guarantee Fund Program Account

    For the cost of guaranteed loans, as authorized by section 184A of 
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13b), $1,044,000, to remain available until expended: Provided, That 
such costs, including the costs of modifying such loans, shall be as 
defined in section 502 of the Congressional Budget Act of 1974: 
Provided further, That these funds are available to subsidize total 
loan principal, any part of which is to be guaranteed, not to exceed 
$41,504,255.

                   Community Planning and Development


               housing opportunities for persons with aids

                      (including transfer of funds)

    For carrying out the Housing Opportunities for Persons with AIDS 
program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C. 
12901 et seq.), $310,000,000, to remain available until September 30, 
2010, except that amounts allocated pursuant to section 854(c)(3) of 
such Act shall remain available until September 30, 2011: Provided, 
That the Secretary shall renew all expiring contracts for permanent 
supportive housing that were funded under section 854(c)(3) of such Act 
that meet all program requirements before awarding funds for new 
contracts and activities authorized under this section: Provided 
further, That the Secretary may use not to exceed $1,485,000 of the 
funds under this heading for training, oversight, and technical 
assistance activities; and not to exceed $1,750,000 may be transferred 
to the Working Capital Fund.


                  Rural Housing and Economic Development

    For the Office of Rural Housing and Economic Development in the 
Department of Housing and Urban Development, $26,000,000, to remain 
available until expended, which amount shall be competitively awarded 
by September 1, 2009, to Indian tribes, State housing finance agencies, 
State community and/or economic development agencies, local rural 
nonprofits and community development corporations to support innovative 
housing and economic development activities in rural areas: Provided, 
That of the total amount made available under this heading, not less 
than $5,000,000 shall be made available to promote economic development 
and entrepreneurship for federally recognized Indian Tribes, through 
activities including the capitalization of revolving loan programs and 
business planning and development, funding is also made available for 
technical assistance to increase capacity through training and outreach 
activities.


                        Community Development Fund

                      (including transfer of funds)

    For assistance to units of State and local government, and to other 
entities, for economic and community development activities, and for 
other purposes, $3,900,000,000, to remain available until September 30, 
2011, unless otherwise specified: Provided, That of the total amount 
provided, $3,641,966,875 is for carrying out the community development 
block grant program under title I of the Housing and Community 
Development Act of 1974, as amended (the ``Act'' herein) (42 U.S.C. 
5301 et seq.): Provided further, That unless explicitly provided for 
under this heading (except for planning grants provided in the second 
paragraph and amounts made available under the third paragraph), not to 
exceed 20 percent of any grant made with funds appropriated under this 
heading shall be expended for planning and management development and 
administration: Provided further, That of the total amount made 
available under this heading, not to exceed $3,175,000 may be 
transferred to the Working Capital Fund: Provided further, That 
$5,000,000 is for technical assistance as authorized by section 
107(b)(4) of such Act: Provided further, That $65,000,000 shall be for 
grants to Indian tribes notwithstanding section 106(a)(1) of such Act, 
of which, notwithstanding any other provision of law (including section 
204 of this Act), up to $3,960,000 may be used for emergencies that 
constitute imminent threats to health and safety.
    Of the amount made available under this heading, $165,311,875 shall 
be available for grants for the Economic Development Initiative (EDI) 
to finance a variety of targeted economic investments in accordance 
with the terms and conditions specified in the explanatory statement 
accompanying this Act: Provided, That none of the funds provided under 
this paragraph may be used for program operations: Provided further, 
That, for fiscal years 2007, 2008 and 2009, no unobligated funds for 
EDI grants may be used for any purpose except acquisition, planning, 
design, purchase of equipment, revitalization, redevelopment or 
construction.
    Of the amount made available under this heading, $19,546,250 shall 
be available for neighborhood initiatives that are utilized to improve 
the conditions of distressed and blighted areas and neighborhoods, to 
stimulate investment, economic diversification, and community 
revitalization in areas with population outmigration or a stagnating or 
declining economic base, or to determine whether housing benefits can 
be integrated more effectively with welfare reform initiatives: 
Provided, That amounts made available under this paragraph shall be 
provided in accordance with the terms and conditions specified in the 
explanatory statement accompanying this Act.
    The referenced statement of managers under this heading in title 
III of division A of Public Law 109-115 is deemed to be amended with 
respect to item number 889 by striking ``Perry County, Pennsylvania to 
develop an industrial park in New Bloomfield'' and inserting ``Perry 
County, Pennsylvania to develop an industrial park in Penn Township/
Duncannon''.
    The referenced statement of managers under the heading ``Community 
Planning and Development'' in title II of division K of Public Law 110-
161 is deemed to be amended by striking: ``Golden Castings Foundry 
Demolition and Site Remediation Project to raze and remediate the site 
of the former Golden Castings Foundry for the demolition and 
environmental remediation costs of the Golden Castings foundry site'' 
and inserting ``To remediate the former site of the Columbus Wood 
Treating Plant in Columbus, Indiana''.
    The referenced explanatory statement under this heading in Public 
Law 110-161 is deemed to be amended with respect to the fourth item 
included in the table found on page 2439 with respect to amounts made 
available for the Springfield Boys and Girls Club by striking 
``Springfield Boys and Girls Club; Community Center; Springfield, IL; 
Planning, development, land acquisition, and construction costs for a 
new community center in Springfield.'' and inserting ``City of 
Springfield for capital costs associated with the Edwin Watts Southwind 
Park''.
    The referenced statement of managers under the heading ``Community 
Development Fund'' in title II of division K of Public Law 110-161 is 
deemed to be amended by striking: ``City of Charlotte, NC for land 
acquisition in the development of the Belvedere Business Park'' and 
inserting ``City of Charlotte, NC for development of the Belvedere 
Business Park''.


          Community Development Loan Guarantees Program Account

    For the cost of guaranteed loans, $6,000,000, to remain available 
until September 30, 2010, as authorized by section 108 of the Housing 
and Community Development Act of 1974 (42 U.S.C. 5308): 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 these funds are available to subsidize total 
loan principal, any part of which is to be guaranteed, not to exceed 
$275,000,000, notwithstanding any aggregate limitation on outstanding 
obligations guaranteed in section 108(k) of the Housing and Community 
Development Act of 1974, as amended.


                        brownfields redevelopment

    For competitive economic development grants, as authorized by 
section 108(q) of the Housing and Community Development Act of 1974, as 
amended, for Brownfields redevelopment projects, $10,000,000, to remain 
available until September 30, 2010: Provided, That no funds made 
available under this heading may be used to establish loan loss 
reserves for the section 108 Community Development Loan Guarantee 
program.


                   HOME Investment Partnerships Program

                      (including transfer of funds)

    For the HOME investment partnerships program, as authorized under 
title II of the Cranston-Gonzalez National Affordable Housing Act, as 
amended, $1,825,000,000, to remain available until September 30, 2011, 
of which not to exceed $4,200,000 may be transferred to the Working 
Capital Fund: Provided, That up to $12,000,000 shall be available for 
technical assistance: Provided further, That, in prior appropriations 
Acts for Community Housing Development Organizations technical 
assistance, and that still remain available, may be used for HOME 
technical assistance notwithstanding the purposes for which such 
amounts were appropriated.


         self-help and assisted homeownership opportunity program

    For the Self-Help and Assisted Homeownership Opportunity Program, 
as authorized under section 11 of the Housing Opportunity Program 
Extension Act of 1996, as amended, $64,000,000 to remain available 
until September 30, 2011: Provided, That of the total amount provided 
under this heading, $26,500,000 shall be made available to the Self-
Help and Assisted Homeownership Opportunity Program as authorized under 
section 11 of the Housing Opportunity Program Extension Act of 1996, as 
amended: Provided further, That $34,000,000 shall be made available for 
the second, third and fourth capacity building activities authorized 
under section 4(a) of the HUD Demonstration Act of 1993 (42 U.S.C. 9816 
note), of which not less than $5,000,000 may be made available for 
rural capacity building activities: Provided further, That $3,500,000 
shall be made available for capacity building activities as authorized 
in sections 6301 through 6305 of Public Law 110-246.


                        Homeless Assistance Grants

                      (including transfer of funds)

    For the emergency shelter grants program as authorized under 
subtitle B of title IV of the McKinney-Vento Homeless Assistance Act, 
as amended; the supportive housing program as authorized under subtitle 
C of title IV of such Act; the section 8 moderate rehabilitation single 
room occupancy program as authorized under the United States Housing 
Act of 1937, as amended, to assist homeless individuals pursuant to 
section 441 of the McKinney-Vento Homeless Assistance Act; and the 
shelter plus care program as authorized under subtitle F of title IV of 
such Act, $1,677,000,000, of which $1,672,000,000 shall remain 
available until September 30, 2011, and of which $5,000,000 shall 
remain available until expended for rehabilitation projects with 10-
year grant terms: Provided, That of the amount provided, $10,000,000 
shall be made available to conduct a demonstration program on the 
prevention of homelessness among the Nation's veterans: Provided 
further, That the Secretary shall work in coordination with the 
Department of Veterans Affairs and the Department of Labor to select a 
limited number of urban and rural sites in which to carry out this 
demonstration: Provided further, That in selecting sites, the Secretary 
shall evaluate the rate of homelessness among veterans in the area, and 
the experience of the grantees in coordinating with Department of 
Veterans Affairs and the Department of Labor to enable veterans to 
access mainstream programs: Provided further, That of the sites 
selected, up to three shall have a high number of service members 
separating from the military and transitioning into civilian life: 
Provided further, That the Secretary shall also select up to four sites 
located in rural areas to evaluate how to effectively serve veterans in 
rural areas, many of whom may have been part of the National Guard, may 
have limited access to the Department of Veterans Affairs medical 
centers, and may have dependent family members: Provided further, That 
funding made available under this demonstration shall be available for 
housing and appropriate services to prevent veterans and their families 
from becoming homeless or reduce the length of time veterans and their 
families are homeless: Provided further, That of the amounts made 
available under this heading, not to exceed $750,000 may be available 
for an evaluation of this demonstration: Provided further, That not 
less than 30 percent of funds made available, excluding amounts 
provided for renewals under the shelter plus care program, shall be 
used for permanent housing for individuals and families: Provided 
further, That all funds awarded for services shall be matched by not 
less than 25 percent in funding by each grantee: Provided further, That 
for all match requirements applicable to funds made available under 
this heading for this fiscal year and prior years, a grantee may use 
(or could have used) as a source of match funds other funds 
administered by the Secretary and other Federal agencies unless there 
is (or was) a specific statutory prohibition on any such use of any 
such funds: Provided further, That the Secretary shall renew on an 
annual basis expiring contracts or amendments to contracts funded under 
the shelter plus care program if the program is determined to be needed 
under the applicable continuum of care and meets appropriate program 
requirements and financial standards, as determined by the Secretary: 
Provided further, That all awards of assistance under this heading 
shall be required to coordinate and integrate homeless programs with 
other mainstream health, social services, and employment programs for 
which homeless populations may be eligible, including Medicaid, State 
Children's Health Insurance Program, Temporary Assistance for Needy 
Families, Food Stamps, and services funding through the Mental Health 
and Substance Abuse Block Grant, Workforce Investment Act, and the 
Welfare-to-Work grant program: Provided further, That up to $8,000,000 
of the funds appropriated under this heading shall be available for the 
national homeless data analysis project and technical assistance: 
Provided further, That of the total amount made available under this 
heading, not to exceed $2,675,000 may be transferred to the Working 
Capital Fund: Provided further, That $3,000,000 of the funds 
appropriated under this heading shall be used to conduct research on 
homeless issues, including homeless prevention and youth homelessness: 
Provided further, That all balances for Shelter Plus Care renewals 
previously funded from the Shelter Plus Care Renewal account and 
transferred to this account shall be available, if recaptured, for 
Shelter Plus Care renewals in fiscal year 2009: Provided further, That 
this heading in the Department of Housing and Urban Development 
Appropriations Act, 2008 is amended by inserting the following new 
proviso after the third proviso: ``Provided further, That the Secretary 
may renew grants made under this demonstration program and may treat 
such original grants and any such renewal grants as if these grants 
were made under the supportive housing program:''.

                            Housing Programs


                     Project-Based Rental Assistance

                      (including transfer of funds)

    For activities and assistance for the provision of project-based 
subsidy contracts under the United States Housing Act of 1937 (42 
U.S.C. 1437 et seq.) (``the Act''), not otherwise provided for, 
$7,100,000,000, to remain available until expended, shall be available 
on October 1, 2008, and $400,000,000, to remain available until 
expended, shall be available on October 1, 2009: Provided, That the 
amounts made available under this heading are provided as follows:
        (1) $6,868,000,000 shall be available for expiring or 
    terminating section 8 project-based subsidy contracts (including 
    section 8 moderate rehabilitation contracts), for amendments to 
    section 8 project-based subsidy contracts (including section 8 
    moderate rehabilitation contracts), for contracts entered into 
    pursuant to section 441 of the McKinney-Vento Homeless Assistance 
    Act (42 U.S.C. 11401), for renewal of section 8 contracts for units 
    in projects that are subject to approved plans of action under the 
    Emergency Low Income Housing Preservation Act of 1987 or the Low-
    Income Housing Preservation and Resident Homeownership Act of 1990, 
    and for administrative and other expenses associated with project-
    based activities and assistance funded under this paragraph.
        (2) Up to $232,000,000 shall be available for performance-based 
    contract administrators for section 8 project-based assistance: 
    Provided, That the Secretary of Housing and Urban Development may 
    also use such amounts for performance-based contract administrators 
    for the administration of: interest reduction payments pursuant to 
    section 236(a) of the National Housing Act (12 U.S.C. 1715z-1(a)); 
    rent supplement payments pursuant to section 101 of the Housing and 
    Urban Development Act of 1965 (12 U.S.C. 1701s); section 236(f)(2) 
    rental assistance payments (12 U.S.C. 1715z-1(f)(2)); project 
    rental assistance contracts for the elderly under section 202(c)(2) 
    of the Housing Act of 1959 (12 U.S.C. 1701q); project rental 
    assistance contracts for supportive housing for persons with 
    disabilities under section 811(d)(2) of the Cranston-Gonzalez 
    National Affordable Housing Act (42 U.S.C. 8013(d)(2)); project 
    assistance contracts pursuant to section 202(h) of the Housing Act 
    of 1959 (Public Law 86-372; 73 Stat. 667); and loans under section 
    202 of the Housing Act of 1959 (Public Law 86-372; 73 Stat. 667).
        (3) Not to exceed $10,000,000 provided under this heading may 
    be transferred to the Working Capital Fund.
        (4) Amounts recaptured under this heading, the heading ``Annual 
    Contributions for Assisted Housing'', or the heading ``Housing 
    Certificate Fund'' may be used for renewals of or amendments to 
    section 8 project-based contracts or for performance-based contract 
    administrators, notwithstanding the purposes for which such amounts 
    were appropriated.


                         Housing for the Elderly

                      (including transfer of funds)

    For capital advances, including amendments to capital advance 
contracts, for housing for the elderly, as authorized by section 202 of 
the Housing Act of 1959, as amended, and for project rental assistance 
for the elderly under section 202(c)(2) of such Act, including 
amendments to contracts for such assistance and renewal of expiring 
contracts for such assistance for up to a 1-year term, and for 
supportive services associated with the housing, $765,000,000, to 
remain available until September 30, 2012, of which up to $626,400,000 
shall be for capital advance and project-based rental assistance 
awards: Provided, That, of the amount provided under this heading, up 
to $90,000,000 shall be for service coordinators and the continuation 
of existing congregate service grants for residents of assisted housing 
projects, and of which up to $25,000,000 shall be for grants under 
section 202b of the Housing Act of 1959 (12 U.S.C. 1701q-2) for 
conversion of eligible projects under such section to assisted living 
or related use and for substantial and emergency capital repairs as 
determined by the Secretary: Provided further, That of the amount made 
available under this heading, $20,000,000 shall be available to the 
Secretary of Housing and Urban Development only for making competitive 
grants to private nonprofit organizations and consumer cooperatives for 
covering costs of architectural and engineering work, site control, and 
other planning relating to the development of supportive housing for 
the elderly that is eligible for assistance under section 202 of the 
Housing Act of 1959 (12 U.S.C. 1701q): Provided further, That amounts 
under this heading shall be available for Real Estate Assessment Center 
inspections and inspection-related activities associated with section 
202 capital advance projects: Provided further, That up to $2,000,000 
of the total amount made available under this heading shall be for 
technical assistance to improve grant applications and to facilitate 
the development of housing for the elderly under section 202 of the 
Housing Act of 1959, and supportive housing for persons with 
disabilities under section 811 of the Cranston-Gonzales National 
Affordable Housing Act: Provided further, That of the total amount made 
available under this heading, not to exceed $1,600,000 may be 
transferred to the Working Capital Fund: Provided further, That the 
Secretary may waive the provisions of section 202 governing the terms 
and conditions of project rental assistance, except that the initial 
contract term for such assistance shall not exceed 5 years in duration.


                  Housing for Persons With Disabilities

                      (including transfer of funds)

    For capital advance contracts, including amendments to capital 
advance contracts, for supportive housing for persons with 
disabilities, as authorized by section 811 of the Cranston-Gonzalez 
National Affordable Housing Act (42 U.S.C. 8013), for project rental 
assistance for supportive housing for persons with disabilities under 
section 811(d)(2) of such Act, including amendments to contracts for 
such assistance and renewal of expiring contracts for such assistance 
for up to a 1-year term, and for supportive services associated with 
the housing for persons with disabilities as authorized by section 
811(b)(1) of such Act, and for tenant-based rental assistance contracts 
entered into pursuant to section 811 of such Act, $250,000,000, of 
which up to $161,300,000 shall be for capital advances and project-
based rental assistance contracts, to remain available until September 
30, 2012: Provided, That of the total amount made available under this 
heading, not to exceed $1,600,000 may be transferred to the Working 
Capital Fund: Provided further, That, of the amount provided under this 
heading, $87,100,000 shall be for amendments or renewal of tenant-based 
assistance contracts entered into prior to fiscal year 2005 (only one 
amendment authorized for any such contract): Provided further, That all 
tenant-based assistance made available under this heading shall 
continue to remain available only to persons with disabilities: 
Provided further, That the Secretary may waive the provisions of 
section 811 governing the terms and conditions of project rental 
assistance and tenant-based assistance, except that the initial 
contract term for such assistance shall not exceed 5 years in duration: 
Provided further, That amounts made available under this heading shall 
be available for Real Estate Assessment Center inspections and 
inspection-related activities associated with section 811 Capital 
Advance Projects.


                      Housing Counseling Assistance

    For contracts, grants, and other assistance excluding loans, as 
authorized under section 106 of the Housing and Urban Development Act 
of 1968, as amended, $65,000,000, including up to $2,000,000 for 
administrative contract services, to remain available until September 
30, 2010: Provided, That funds shall be used for providing counseling 
and advice to tenants and homeowners, both current and prospective, 
with respect to property maintenance, financial management/literacy, 
and such other matters as may be appropriate to assist them in 
improving their housing conditions, meeting their financial needs, and 
fulfilling the responsibilities of tenancy or homeownership; for 
program administration; and for housing counselor training.


                     other assisted housing programs

                        rental housing assistance

    For amendments to contracts under section 101 of the Housing and 
Urban Development Act of 1965 (12 U.S.C. 1701s) and section 236(f)(2) 
of the National Housing Act (12 U.S.C. 1715z-1) in State-aided, non-
insured rental housing projects, $27,600,000, to remain available until 
expended.


                             Rent Supplement

                               (rescission)

    Of the amounts recaptured from terminated contracts under section 
101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s) 
and section 236 of the National Housing Act (12 U.S.C. 1715z-1) 
$37,600,000 are rescinded.


             Payment to Manufactured Housing Fees Trust Fund

    For necessary expenses as authorized by the National Manufactured 
Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 
et seq.), up to $16,000,000, to remain available until expended, of 
which $10,600,000 is to be derived from the Manufactured Housing Fees 
Trust Fund: Provided, That not to exceed the total amount appropriated 
under this heading shall be available from the general fund of the 
Treasury to the extent necessary to incur obligations and make 
expenditures pending the receipt of collections to the Fund pursuant to 
section 620 of such Act: Provided further, That the amount made 
available under this heading from the general fund shall be reduced as 
such collections are received during fiscal year 2009 so as to result 
in a final fiscal year 2009 appropriation from the general fund 
estimated at not more than $5,400,000 and fees pursuant to such section 
620 shall be modified as necessary to ensure such a final fiscal year 
2009 appropriation: Provided further, That for the dispute resolution 
and installation programs, the Secretary of Housing and Urban 
Development may assess and collect fees from any program participant: 
Provided further, That such collections shall be deposited into the 
Fund, and the Secretary, as provided herein, may use such collections, 
as well as fees collected under section 620, for necessary expenses of 
such Act: Provided further, That notwithstanding the requirements of 
section 620 of such Act, the Secretary may carry out responsibilities 
of the Secretary under such Act through the use of approved service 
providers that are paid directly by the recipients of their services.

                     Federal Housing Administration


                mutual mortgage insurance program account

                      (including transfers of funds)

    During fiscal year 2009, commitments to guarantee single family 
loans insured under the Mutual Mortgage Insurance Fund shall not exceed 
a loan principal of $315,000,000,000. During fiscal year 2009, 
obligations to make direct loans to carry out the purposes of section 
204(g) of the National Housing Act, as amended, shall not exceed 
$50,000,000: Provided, That the foregoing amount shall be for loans to 
nonprofit and governmental entities in connection with sales of single 
family real properties owned by the Secretary and formerly insured 
under the Mutual Mortgage Insurance Fund. For administrative contract 
expenses, $116,000,000, of which at least $46,794,000 shall, and up to 
$58,492,500 may, be transferred to the Working Capital Fund, and of 
which up to $7,500,000 shall be for education and outreach of FHA 
single family loan products: Provided further, That to the extent 
guaranteed loan commitments exceed $65,500,000,000 on or before April 
1, 2009, an additional $1,400 for administrative contract expenses 
shall be available for each $1,000,000 in additional guaranteed loan 
commitments (including a pro rata amount for any amount below 
$1,000,000), but in no case shall funds made available by this proviso 
exceed $30,000,000.


                 general and special risk program account

    For the cost of guaranteed loans, as authorized by sections 238 and 
519 of the National Housing Act (12 U.S.C. 1715z-3 and 1735c), 
including the cost of loan guarantee modifications, as that term is 
defined in section 502 of the Congressional Budget Act of 1974, as 
amended, $8,600,000, to remain available until expended: Provided, That 
commitments to guarantee loans shall not exceed $45,000,000,000 in 
total loan principal, any part of which is to be guaranteed. Gross 
obligations for the principal amount of direct loans, as authorized by 
sections 204(g), 207(l), 238, and 519(a) of the National Housing Act, 
shall not exceed $50,000,000, of which not to exceed $30,000,000 shall 
be for bridge financing in connection with the sale of multifamily real 
properties owned by the Secretary and formerly insured under such Act; 
and of which not to exceed $20,000,000 shall be for loans to nonprofit 
and governmental entities in connection with the sale of single-family 
real properties owned by the Secretary and formerly insured under such 
Act. For administrative contract expenses necessary to carry out the 
guaranteed and direct loan programs, $48,871,000, of which at least 
$47,871,000 shall be for administrative contracts and up to $1,000,000 
shall be for consumer education and outreach for FHA loan products.

                Government National Mortgage Association


     Guarantees of Mortgage-Backed Securities Loan Guarantee Program 
                                Account

    New commitments to issue guarantees to carry out the purposes of 
section 306 of the National Housing Act, as amended (12 U.S.C. 
1721(g)), shall not exceed $300,000,000,000, to remain available until 
September 30, 2010: Provided, That to the extent new guarantees of 
mortgage-backed securities exceed $75,000,000,000 on or before April 1, 
2009, an additional $1,000 for administrative contract expenses shall 
be available for each $1,000,000 in additional guaranteed loan 
commitments (including a pro rata amount for any amount below 
$1,000,000) but in no case shall funds made available by this proviso 
exceed $14,000,000.

                    Policy Development and Research


                         Research and Technology

    For contracts, grants, and necessary expenses of programs of 
research and studies relating to housing and urban problems, not 
otherwise provided for, as authorized by title V of the Housing and 
Urban Development Act of 1970 (12 U.S.C. 1701z-1 et seq.), including 
carrying out the functions of the Secretary of Housing and Urban 
Development under section 1(a)(1)(i) of Reorganization Plan No. 2 of 
1968, $58,000,000, to remain available until September 30, 2010: 
Provided, That of the funds made available under this heading, 
$23,000,000 is for grants pursuant to section 107 of the Housing and 
Community Development Act of 1974 (42 U.S.C. 5307): Provided further, 
That at least $1,000,000 shall be available for the Secretary to 
conduct a comprehensive study to be managed by the Office of Policy 
Development and Research, to analyze the administrative costs necessary 
to carry-out the tenant-based voucher program: Provided further, That 
of the total amount made available, $2,000,000 may be made available 
for technology directly related to disaster prone areas.

                   Fair Housing and Equal Opportunity


                         Fair Housing Activities

    For contracts, grants, and other assistance, not otherwise provided 
for, as authorized by title VIII of the Civil Rights Act of 1968, as 
amended by the Fair Housing Amendments Act of 1988, and section 561 of 
the Housing and Community Development Act of 1987, as amended, 
$53,500,000, to remain available until September 30, 2010, of which 
$27,500,000 shall be to carry out activities pursuant to such section 
561 of which up to $2,000,000 shall be made available to carryout 
authorized activities to protect the public from mortgage rescue scams: 
Provided, That notwithstanding 31 U.S.C. 3302, the Secretary may assess 
and collect fees to cover the costs of the Fair Housing Training 
Academy, and may use such funds to provide such training: Provided 
further, That no funds made available under this heading shall be used 
to lobby the executive or legislative branches of the Federal 
Government in connection with a specific contract, grant or loan: 
Provided further, That of the funds made available under this heading, 
$500,000 shall be available to the Secretary of Housing and Urban 
Development for the creation and promotion of translated materials and 
other programs that support the assistance of persons with limited 
English proficiency in utilizing the services provided by the 
Department of Housing and Urban Development.

            Office of Healthy Homes and Lead Hazard Control


                          Lead Hazard Reduction

    For the Lead Hazard Reduction Program, as authorized by section 
1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992, 
$140,000,000, to remain available until September 30, 2010, of which 
not less than $14,600,000 shall be for the Healthy Homes Initiative, 
pursuant to sections 501 and 502 of the Housing and Urban Development 
Act of 1970 that shall include research, studies, testing, and 
demonstration efforts, including education and outreach concerning 
lead-based paint poisoning and other housing-related diseases and 
hazards: Provided, That for purposes of environmental review, pursuant 
to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) and other provisions of law that further the purposes of such 
Act, a grant under the Healthy Homes Initiative, Operation Lead 
Elimination Action Plan (LEAP), or the Lead Technical Studies program 
under this heading or under prior appropriations Acts for such purposes 
under this heading, shall be considered to be funds for a special 
project for purposes of section 305(c) of the Multifamily Housing 
Property Disposition Reform Act of 1994: Provided further, That of the 
total amount made available under this heading, $48,000,000 shall be 
made available on a competitive basis for areas with the highest lead 
paint abatement needs: Provided further, That each recipient of funds 
provided under the second proviso shall make a matching contribution in 
an amount not less than 25 percent: Provided further, That the 
Secretary may waive the matching requirement cited in the preceding 
proviso on a case by case basis if the Secretary determines that such a 
waiver is necessary to advance the purposes of this program: Provided 
further, That each applicant shall submit a detailed plan and strategy 
that demonstrates adequate capacity that is acceptable to the Secretary 
to carry out the proposed use of funds pursuant to a notice of funding 
availability: Provided further, That amounts made available under this 
heading in prior appropriations Acts, and that still remain available, 
may be used for any purpose under this heading notwithstanding the 
purpose for which such amounts were appropriated: Provided further, 
That of the total amount made available under this heading, $250,000 
shall be allocated through the Office of Healthy Homes and Lead Hazard 
Control to conduct communications and outreach to potential applicants 
to the Lead Hazard Reduction Demonstration Grant program.

                     Management and Administration


                           working capital fund

    For additional capital for the Working Capital Fund (42 U.S.C. 
3535) for the development of, modifications to, and infrastructure for 
Department-wide information technology systems, for the continuing 
operation and maintenance of both Department-wide and program-specific 
information systems, and for program-related development activities, 
$224,000,000, to remain available until September 30, 2010, of which 
not less than $4,000,000 shall be used for planning for modernizing, 
improving and maintaining information technology applications and 
infrastructure supporting the FHA: Provided, That any amounts 
transferred to this Fund under this Act shall remain available until 
expended: Provided further, That any amounts transferred to this Fund 
from amounts appropriated by previously enacted appropriations Acts or 
from within this Act may be used only for the purposes specified under 
this Fund, in addition to the purposes for which such amounts were 
appropriated: Provided further, That up to $15,000,000 may be 
transferred to this account from all other accounts in this title 
(except for the Office of the Inspector General account) that make 
funds available for salaries and expenses.


                       Office of Inspector General

    For necessary salaries and expenses of the Office of Inspector 
General in carrying out the Inspector General Act of 1978, as amended, 
$120,000,000: Provided, That the Inspector General shall have 
independent authority over all personnel issues within this office.

    General Provisions--Department of Housing and Urban Development


                     (including rescission of funds)

    Sec. 201. Fifty percent of the amounts of budget authority, or in 
lieu thereof 50 percent of the cash amounts associated with such budget 
authority, that are recaptured from projects described in section 
1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act 
of 1988 (42 U.S.C. 1437 note) shall be rescinded or in the case of 
cash, shall be remitted to the Treasury, and such amounts of budget 
authority or cash recaptured and not rescinded or remitted to the 
Treasury shall be used by State housing finance agencies or local 
governments or local housing agencies with projects approved by the 
Secretary of Housing and Urban Development for which settlement 
occurred after January 1, 1992, in accordance with such section. 
Notwithstanding the previous sentence, the Secretary may award up to 15 
percent of the budget authority or cash recaptured and not rescinded or 
remitted to the Treasury to provide project owners with incentives to 
refinance their project at a lower interest rate.
    Sec. 202. None of the amounts made available under this Act may be 
used during fiscal year 2009 to investigate or prosecute under the Fair 
Housing Act any otherwise lawful activity engaged in by one or more 
persons, including the filing or maintaining of a non-frivolous legal 
action, that is engaged in solely for the purpose of achieving or 
preventing action by a Government official or entity, or a court of 
competent jurisdiction.
    Sec. 203. (a) Notwithstanding section 854(c)(1)(A) of the AIDS 
Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from any amounts 
made available under this title for fiscal year 2009 that are allocated 
under such section, the Secretary of Housing and Urban Development 
shall allocate and make a grant, in the amount determined under 
subsection (b), for any State that--
        (1) received an allocation in a prior fiscal year under clause 
    (ii) of such section; and
        (2) is not otherwise eligible for an allocation for fiscal year 
    2009 under such clause (ii) because the areas in the State outside 
    of the metropolitan statistical areas that qualify under clause (i) 
    in fiscal year 2009 do not have the number of cases of acquired 
    immunodeficiency syndrome (AIDS) required under such clause.
    (b) The amount of the allocation and grant for any State described 
in subsection (a) shall be an amount based on the cumulative number of 
AIDS cases in the areas of that State that are outside of metropolitan 
statistical areas that qualify under clause (i) of such section 
854(c)(1)(A) in fiscal year 2009, in proportion to AIDS cases among 
cities and States that qualify under clauses (i) and (ii) of such 
section and States deemed eligible under subsection (a).
    (c) Notwithstanding any other provision of law, the amount 
allocated for fiscal year 2009 under section 854(c) of the AIDS Housing 
Opportunity Act (42 U.S.C. 12903(c)), to the City of New York, New 
York, on behalf of the New York-Wayne-White Plains, New York-New Jersey 
Metropolitan Division (hereafter ``metropolitan division'') of the New 
York-Newark-Edison, NY-NJ-PA Metropolitan Statistical Area, shall be 
adjusted by the Secretary of Housing and Urban Development by: (1) 
allocating to the City of Jersey City, New Jersey, the proportion of 
the metropolitan area's or division's amount that is based on the 
number of cases of AIDS reported in the portion of the metropolitan 
area or division that is located in Hudson County, New Jersey, and 
adjusting for the proportion of the metropolitan division's high 
incidence bonus if this area in New Jersey also has a higher than 
average per capita incidence of AIDS; and (2) allocating to the City of 
Paterson, New Jersey, the proportion of the metropolitan area's or 
division's amount that is based on the number of cases of AIDS reported 
in the portion of the metropolitan area or division that is located in 
Bergen County and Passaic County, New Jersey, and adjusting for the 
proportion of the metropolitan division's high incidence bonus if this 
area in New Jersey also has a higher than average per capita incidence 
of AIDS. The recipient cities shall use amounts allocated under this 
subsection to carry out eligible activities under section 855 of the 
AIDS Housing Opportunity Act (42 U.S.C. 12904) in their respective 
portions of the metropolitan division that is located in New Jersey.
    (d) Notwithstanding any other provision of law, the amount 
allocated for fiscal year 2009 under section 854(c) of the AIDS Housing 
Opportunity Act (42 U.S.C. 12903(c)) to areas with a higher than 
average per capita incidence of AIDS, shall be adjusted by the 
Secretary on the basis of area incidence reported over a 3 year period.
    Sec. 204. Except as explicitly provided in law, any grant, 
cooperative agreement or other assistance made pursuant to title II of 
this Act shall be made on a competitive basis and in accordance with 
section 102 of the Department of Housing and Urban Development Reform 
Act of 1989 (42 U.S.C. 3545).
    Sec. 205. Funds of the Department of Housing and Urban Development 
subject to the Government Corporation Control Act or section 402 of the 
Housing Act of 1950 shall be available, without regard to the 
limitations on administrative expenses, for legal services on a 
contract or fee basis, and for utilizing and making payment for 
services and facilities of the Federal National Mortgage Association, 
Government National Mortgage Association, Federal Home Loan Mortgage 
Corporation, Federal Financing Bank, Federal Reserve banks or any 
member thereof, Federal Home Loan banks, and any insured bank within 
the meaning of the Federal Deposit Insurance Corporation Act, as 
amended (12 U.S.C. 1811-1831).
    Sec. 206. Unless otherwise provided for in this Act or through a 
reprogramming of funds, no part of any appropriation for the Department 
of Housing and Urban Development shall be available for any program, 
project or activity in excess of amounts set forth in the budget 
estimates submitted to Congress.
    Sec. 207. Corporations and agencies of the Department of Housing 
and Urban Development which are subject to the Government Corporation 
Control Act, are hereby authorized to make such expenditures, within 
the limits of funds and borrowing authority available to each such 
corporation or agency and in accordance with law, and to make such 
contracts and commitments without regard to fiscal year limitations as 
provided by section 104 of such Act as may be necessary in carrying out 
the programs set forth in the budget for 2009 for such corporation or 
agency except as hereinafter provided: Provided, That collections of 
these corporations and agencies may be used for new loan or mortgage 
purchase commitments only to the extent expressly provided for in this 
Act (unless such loans are in support of other forms of assistance 
provided for in this or prior appropriations Acts), except that this 
proviso shall not apply to the mortgage insurance or guaranty 
operations of these corporations, or where loans or mortgage purchases 
are necessary to protect the financial interest of the United States 
Government.
    Sec. 208. None of the funds provided in this title for technical 
assistance, training, or management improvements may be obligated or 
expended unless the Secretary of Housing and Urban Development provides 
to the Committees on Appropriations a description of each proposed 
activity and a detailed budget estimate of the costs associated with 
each program, project or activity as part of the Budget Justifications. 
For fiscal year 2009, the Secretary shall transmit this information to 
the Committees by March 15, 2009 for 30 days of review.
    Sec. 209. The Secretary of Housing and Urban Development shall 
provide quarterly reports to the House and Senate Committees on 
Appropriations regarding all uncommitted, unobligated, recaptured and 
excess funds in each program and activity within the jurisdiction of 
the Department and shall submit additional, updated budget information 
to these Committees upon request.
    Sec. 210. (a) Notwithstanding any other provision of law, the 
amount allocated for fiscal year 2009 under section 854(c) of the AIDS 
Housing Opportunity Act (42 U.S.C. 12903(c)), to the City of 
Wilmington, Delaware, on behalf of the Wilmington, Delaware-Maryland-
New Jersey Metropolitan Division (hereafter ``metropolitan division''), 
shall be adjusted by the Secretary of Housing and Urban Development by 
allocating to the State of New Jersey the proportion of the 
metropolitan division's amount that is based on the number of cases of 
AIDS reported in the portion of the metropolitan division that is 
located in New Jersey, and adjusting for the proportion of the 
metropolitan division's high incidence bonus if this area in New Jersey 
also has a higher than average per capita incidence of AIDS. The State 
of New Jersey shall use amounts allocated to the State under this 
subsection to carry out eligible activities under section 855 of the 
AIDS Housing Opportunity Act (42 U.S.C. 12904) in the portion of the 
metropolitan division that is located in New Jersey.
    (b) Notwithstanding any other provision of law, the Secretary of 
Housing and Urban Development shall allocate to Wake County, North 
Carolina, the amounts that otherwise would be allocated for fiscal year 
2009 under section 854(c) of the AIDS Housing Opportunity Act (42 
U.S.C. 12903(c)) to the City of Raleigh, North Carolina, on behalf of 
the Raleigh-Cary, North Carolina Metropolitan Statistical Area. Any 
amounts allocated to Wake County shall be used to carry out eligible 
activities under section 855 of such Act (42 U.S.C. 12904) within such 
metropolitan statistical area.
    (c) Notwithstanding section 854(c) of the AIDS Housing Opportunity 
Act (42 U.S.C. 12903(c)), the Secretary of Housing and Urban 
Development may adjust the allocation of the amounts that otherwise 
would be allocated for fiscal year 2009 under section 854(c) of such 
Act, upon the written request of an applicant, in conjunction with the 
State(s), for a formula allocation on behalf of a metropolitan 
statistical area, to designate the State or States in which the 
metropolitan statistical area is located as the eligible grantee(s) of 
the allocation. In the case that a metropolitan statistical area 
involves more than one State, such amounts allocated to each State 
shall be in proportion to the number of cases of AIDS reported in the 
portion of the metropolitan statistical area located in that State. Any 
amounts allocated to a State under this section shall be used to carry 
out eligible activities within the portion of the metropolitan 
statistical area located in that State.
    Sec. 211. The President's formal budget request for fiscal year 
2010, as well as the Department of Housing and Urban Development's 
congressional budget justifications to be submitted to the Committees 
on Appropriations of the House of Representatives and the Senate, shall 
use the identical account and sub-account structure provided under this 
Act.
    Sec. 212. A public housing agency or such other entity that 
administers Federal housing assistance for the Housing Authority of the 
county of Los Angeles, California, the States of Alaska, Iowa, and 
Mississippi shall not be required to include a resident of public 
housing or a recipient of assistance provided under section 8 of the 
United States Housing Act of 1937 on the board of directors or a 
similar governing board of such agency or entity as required under 
section (2)(b) of such Act. Each public housing agency or other entity 
that administers Federal housing assistance under section 8 for the 
Housing Authority of the county of Los Angeles, California and the 
States of Alaska, Iowa and Mississippi that chooses not to include a 
resident of Public Housing or a recipient of section 8 assistance on 
the board of directors or a similar governing board shall establish an 
advisory board of not less than six residents of public housing or 
recipients of section 8 assistance to provide advice and comment to the 
public housing agency or other administering entity on issues related 
to public housing and section 8. Such advisory board shall meet not 
less than quarterly.
    Sec. 213. (a) Notwithstanding any other provision of law, subject 
to the conditions listed in subsection (b), for fiscal years 2008 and 
2009, the Secretary of Housing and Urban Development may authorize the 
transfer of some or all project-based assistance, debt and statutorily 
required low-income and very low-income use restrictions, associated 
with one or more multifamily housing project to another multifamily 
housing project or projects.
    (b) The transfer authorized in subsection (a) is subject to the 
following conditions:
        (1) The number of low-income and very low-income units and the 
    net dollar amount of Federal assistance provided by the 
    transferring project shall remain the same in the receiving project 
    or projects.
        (2) The transferring project shall, as determined by the 
    Secretary, be either physically obsolete or economically non-
    viable.
        (3) The receiving project or projects shall meet or exceed 
    applicable physical standards established by the Secretary.
        (4) The owner or mortgagor of the transferring project shall 
    notify and consult with the tenants residing in the transferring 
    project and provide a certification of approval by all appropriate 
    local governmental officials.
        (5) The tenants of the transferring project who remain eligible 
    for assistance to be provided by the receiving project or projects 
    shall not be required to vacate their units in the transferring 
    project or projects until new units in the receiving project are 
    available for occupancy.
        (6) The Secretary determines that this transfer is in the best 
    interest of the tenants.
        (7) If either the transferring project or the receiving project 
    or projects meets the condition specified in subsection (c)(2)(A), 
    any lien on the receiving project resulting from additional 
    financing obtained by the owner shall be subordinate to any FHA-
    insured mortgage lien transferred to, or placed on, such project by 
    the Secretary.
        (8) If the transferring project meets the requirements of 
    subsection (c)(2)(E), the owner or mortgagor of the receiving 
    project or projects shall execute and record either a continuation 
    of the existing use agreement or a new use agreement for the 
    project where, in either case, any use restrictions in such 
    agreement are of no lesser duration than the existing use 
    restrictions.
        (9) Any financial risk to the FHA General and Special Risk 
    Insurance Fund, as determined by the Secretary, would be reduced as 
    a result of a transfer completed under this section.
        (10) The Secretary determines that Federal liability with 
    regard to this project will not be increased.
    (c) For purposes of this section--
        (1) the terms ``low-income'' and ``very low-income'' shall have 
    the meanings provided by the statute and/or regulations governing 
    the program under which the project is insured or assisted;
        (2) the term ``multifamily housing project'' means housing that 
    meets one of the following conditions--
            (A) housing that is subject to a mortgage insured under the 
        National Housing Act;
            (B) housing that has project-based assistance attached to 
        the structure including projects undergoing mark to market debt 
        restructuring under the Multifamily Assisted Housing Reform and 
        Affordability Housing Act;
            (C) housing that is assisted under section 202 of the 
        Housing Act of 1959 as amended by section 801 of the Cranston-
        Gonzales National Affordable Housing Act;
            (D) housing that is assisted under section 202 of the 
        Housing Act of 1959, as such section existed before the 
        enactment of the Cranston-Gonzales National Affordable Housing 
        Act; or
            (E) housing or vacant land that is subject to a use 
        agreement;
        (3) the term ``project-based assistance'' means--
            (A) assistance provided under section 8(b) of the United 
        States Housing Act of 1937;
            (B) assistance for housing constructed or substantially 
        rehabilitated pursuant to assistance provided under section 
        8(b)(2) of such Act (as such section existed immediately before 
        October 1, 1983);
            (C) rent supplement payments under section 101 of the 
        Housing and Urban Development Act of 1965;
            (D) interest reduction payments under section 236 and/or 
        additional assistance payments under section 236(f)(2) of the 
        National Housing Act; and
            (E) assistance payments made under section 202(c)(2) of the 
        Housing Act of 1959;
        (4) the term ``receiving project or projects'' means the 
    multifamily housing project or projects to which some or all of the 
    project-based assistance, debt, and statutorily required use low-
    income and very low-income restrictions are to be transferred;
        (5) the term ``transferring project'' means the multifamily 
    housing project which is transferring some or all of the project-
    based assistance, debt and the statutorily required low-income and 
    very low-income use restrictions to the receiving project or 
    projects; and
        (6) the term ``Secretary'' means the Secretary of Housing and 
    Urban Development.
    Sec. 214. The funds made available for Native Alaskans under the 
heading ``Native American Housing Block Grants'' in title III of this 
Act shall be allocated to the same Native Alaskan housing block grant 
recipients that received funds in fiscal year 2005.
    Sec. 215. No funds provided under this title may be used for an 
audit of the Government National Mortgage Association that makes 
applicable requirements under the Federal Credit Reform Act of 1990 (2 
U.S.C. 661 et seq.).
    Sec. 216. (a) No assistance shall be provided under section 8 of 
the United States Housing Act of 1937 (42 U.S.C. 1437f) to any 
individual who--
        (1) is enrolled as a student at an institution of higher 
    education (as defined under section 102 of the Higher Education Act 
    of 1965 (20 U.S.C. 1002));
        (2) is under 24 years of age;
        (3) is not a veteran;
        (4) is unmarried;
        (5) does not have a dependent child;
        (6) is not a person with disabilities, as such term is defined 
    in section 3(b)(3)(E) of the United States Housing Act of 1937 (42 
    U.S.C. 1437a(b)(3)(E)) and was not receiving assistance under such 
    section 8 as of November 30, 2005; and
        (7) is not otherwise individually eligible, or has parents who, 
    individually or jointly, are not eligible, to receive assistance 
    under section 8 of the United States Housing Act of 1937 (42 U.S.C. 
    1437f).
    (b) For purposes of determining the eligibility of a person to 
receive assistance under section 8 of the United States Housing Act of 
1937 (42 U.S.C. 1437f), any financial assistance (in excess of amounts 
received for tuition) that an individual receives under the Higher 
Education Act of 1965 (20 U.S.C. 1001 et seq.), from private sources, 
or an institution of higher education (as defined under the Higher 
Education Act of 1965 (20 U.S.C. 1002)), shall be considered income to 
that individual, except for a person over the age of 23 with dependent 
children.
    Sec. 217. 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 September 30, 
2009, insure and enter into commitments to insure mortgages under 
section 255 of the National Housing Act (12 U.S.C. 1715z-20).
    Sec. 218. Notwithstanding any other provision of law, in fiscal 
year 2009, in managing and disposing of any multifamily property that 
is owned or has a mortgage held by the Secretary of Housing and Urban 
Development, the Secretary shall maintain any rental assistance 
payments under section 8 of the United States Housing Act of 1937 and 
other programs that are attached to any dwelling units in the property. 
To the extent the Secretary determines, in consultation with the 
tenants and the local government, that such a multifamily property 
owned or held by the Secretary is not feasible for continued rental 
assistance payments under such section 8 or other programs, based on 
consideration of (1) the costs of rehabilitating and operating the 
property and all available Federal, State, and local resources, 
including rent adjustments under section 524 of the Multifamily 
Assisted Housing Reform and Affordability Act of 1997 (``MAHRAA'') and 
(2) environmental conditions that cannot be remedied in a cost-
effective fashion, the Secretary may, in consultation with the tenants 
of that property, contract for project-based rental assistance payments 
with an owner or owners of other existing housing properties, or 
provide other rental assistance. The Secretary shall also take 
appropriate steps to ensure that project-based contracts remain in 
effect prior to foreclosure, subject to the exercise of contractual 
abatement remedies to assist relocation of tenants for imminent major 
threats to health and safety. After disposition of any multifamily 
property described under this section, the contract and allowable rent 
levels on such properties shall be subject to the requirements under 
section 524 of MAHRAA.
    Sec. 219.  During fiscal year 2009, in the provision of rental 
assistance under section 8(o) of the United States Housing Act of 1937 
(42 U.S.C. 1437f(o)) in connection with a program to demonstrate the 
economy and effectiveness of providing such assistance for use in 
assisted living facilities that is carried out in the counties of the 
State of Michigan notwithstanding paragraphs (3) and (18)(B)(iii) of 
such section 8(o), a family residing in an assisted living facility in 
any such county, on behalf of which a public housing agency provides 
assistance pursuant to section 8(o)(18) of such Act, may be required, 
at the time the family initially receives such assistance, to pay rent 
in an amount exceeding 40 percent of the monthly adjusted income of the 
family by such a percentage or amount as the Secretary of Housing and 
Urban Development determines to be appropriate.
    Sec. 220. The Secretary of Housing and Urban Development shall 
report quarterly to the House of Representatives and Senate Committees 
on Appropriations on HUD's use of all sole source contracts, including 
terms of the contracts, cost, and a substantive rationale for using a 
sole source contract.
    Sec. 221.  Notwithstanding any other provision of law, the 
recipient of a grant under section 202b of the Housing Act of 1959 (12 
U.S.C. 1701q-2) after December 26, 2000, in accordance with the 
unnumbered paragraph at the end of section 202(b) of such Act, may, at 
its option, establish a single-asset nonprofit entity to own the 
project and may lend the grant funds to such entity, which may be a 
private nonprofit organization described in section 831 of the American 
Homeownership and Economic Opportunity Act of 2000.
    Sec. 222. (a) The amounts provided under the subheading ``Program 
Account'' under the heading ``Community Development Loan Guarantees'' 
may be used to guarantee, or make commitments to guarantee, notes, or 
other obligations issued by any State on behalf of non-entitlement 
communities in the State in accordance with the requirements of section 
108 of the Housing and Community Development Act of 1974: Provided, 
That, any State receiving such a guarantee or commitment shall 
distribute all funds subject to such guarantee to the units of general 
local government in non-entitlement areas that received the commitment.
    (b) Not later than 60 days after the date of enactment of this Act, 
the Secretary of Housing and Urban Development shall promulgate 
regulations governing the administration of the funds described under 
subsection (a).
    Sec. 223. Section 24 of the United States Housing Act of 1937 (42 
U.S.C. 1437v) is amended--
        (1) in subsection (m)(1), by striking ``2003'' and inserting 
    ``2009''; and
        (2) in subsection (o), by striking ``September 30, 2007'' and 
    inserting ``September 30, 2009''.
    Sec. 224. (a) Required Submissions for Fiscal Years 2008 and 
2009.--
        (1) In general.--Not later than 60 days after the date of 
    enactment of this Act, the Secretary of Housing and Urban 
    Development shall submit to the relevant authorizing committees and 
    to the Committees on Appropriations of the Senate and the House of 
    Representatives for fiscal years 2008 and 2009--
            (A) a complete and accurate accounting of the actual 
        project-based renewal costs for project-based assistance under 
        section 8 of the United States Housing Act of 1937 (42 U.S.C. 
        1437f);
            (B) revised estimates of the funding needed to fully fund 
        all 12 months of all project-based contracts under such section 
        8, including project-based contracts that expire in fiscal year 
        2008 and fiscal year 2009; and
            (C) all sources of funding that will be used to fully fund 
        all 12 months of the project-based contracts for fiscal years 
        2008 and 2009.
        (2) Updated information.--At any time after the expiration of 
    the 60-day period described in paragraph (1), the Secretary may 
    submit corrections or updates to the information required under 
    paragraph (1), if upon completion of an audit of the project-based 
    assistance program under section 8 of the United States Housing Act 
    of 1937 (42 U.S.C. 1437f), such audit reveals additional 
    information that may provide Congress a more complete understanding 
    of the Secretary's implementation of the project-based assistance 
    program under such section 8.
    (b) Required Submissions for Fiscal Year 2010.--As part of the 
Department of Housing and Urban Development's budget request for fiscal 
year 2010, the Secretary of Housing and Urban Development shall submit 
to the relevant authorizing committees and to the Committees on 
Appropriations of the Senate and the House of Representatives complete 
and detailed information, including a project-by-project analysis, that 
verifies that such budget request will fully fund all project-based 
contracts under section 8 of the United States Housing Act of 1937 (42 
U.S.C. 1437f) in fiscal year 2010, including expiring project-based 
contracts.
    Sec. 225. Public housing agencies that own and operate 400 or fewer 
public housing units may elect to be exempt from any asset management 
requirement imposed by the Secretary of Housing and Urban Development 
in connection with the operating fund rule: Provided, That an agency 
seeking a discontinuance of a reduction of subsidy under the operating 
fund formula shall not be exempt from asset management requirements.
    Sec. 226.  With respect to the use of amounts provided in this Act 
and in future Acts for the operation, capital improvement and 
management of public housing as authorized by sections 9(d) and 9(e) of 
the United States Housing Act of 1937 (42 U.S.C. 1437g(d) and (e)), the 
Secretary shall not impose any requirement or guideline relating to 
asset management that restricts or limits in any way the use of capital 
funds for central office costs pursuant to section 9(g)(1) or 9(g)(2) 
of the United States Housing Act of 1937 (42 U.S.C. 1437g(g)(1), (2)): 
Provided, however, that a public housing agency may not use capital 
funds authorized under section 9(d) for activities that are eligible 
under section 9(e) for assistance with amounts from the operating fund 
in excess of the amounts permitted under section 9(g)(1) or 9(g)(2).
    Sec. 227.  The Secretary of Housing and Urban Development shall 
report quarterly to the House of Representatives and Senate Committees 
on Appropriations on the status of all section 8 project-based housing, 
including the number of all project-based units by region as well as an 
analysis of all federally subsidized housing being refinanced under the 
Mark-to-Market program. The Secretary shall in the report identify all 
existing units maintained by region as section 8 project-based units 
and all project-based units that have opted out of section 8 or have 
otherwise been eliminated as section 8 project-based units. The 
Secretary shall identify in detail and by project all the efforts made 
by the Department to preserve all section 8 project-based housing units 
and all the reasons for any units which opted out or otherwise were 
lost as section 8 project-based units. Such analysis shall include a 
review of the impact of the loss of any subsidized units in that 
housing marketplace, such as the impact of cost and the loss of 
available subsidized, low-income housing in areas with scarce housing 
resources for low-income families.
    Sec. 228. Section 683(2) of the Housing and Community Development 
Act of 1992 (42 U.S.C. 13641(2)) is amended--
        (1) in subparagraph (F), by striking ``and'';
        (2) in subparagraph (G) by striking the period at the end and 
    inserting ``; and''; and
        (3) by adding a new subparagraph (H) as follows:
            ``(H) housing that is assisted under section 811 of the 
        Cranston-Gonzalez Affording Housing Act (42 U.S.C. 8013).''.
    Sec. 229. The Home Investment Partnerships Act (42 U.S.C. 12721 et 
seq.) is amended--
        (1) in section 233(d)(1) by striking ``20'' and inserting 
    ``40'';
        (2) in section 233(e) by striking ``40'' and inserting ``25'';
        (3) in section 243(b), in the second sentence, by striking 
    ``20'' and inserting ``40''; and
        (4) in section 271(i) by striking ``Act after December 31, 
    2007'' and inserting ``section after December 31, 2011''.
    Sec. 230. No official or employee of the Department of Housing and 
Urban Development shall be designated as an allotment holder unless the 
Office of the Chief Financial Officer has determined that such 
allotment holder has implemented an adequate system of funds control 
and has received training in funds control procedures and directives. 
The Chief Financial Officer shall ensure that, not later than 90 days 
after the date of enactment of this Act, a trained allotment holder 
shall be designated for each HUD subaccount under the headings 
``Executive Direction'' and ``Administration, Operations, and 
Management'' as well as each account receiving appropriations for 
``personnel compensation and benefits'' within the Department of 
Housing and Urban Development.
    Sec. 231. Payment of attorney fees in program-related litigation 
must be paid from individual program office personnel benefits and 
compensation funding. The annual budget submission for program office 
personnel benefit and compensation funding must include program-related 
litigation costs for attorney fees as a separate line item request.
    Sec. 232. Of the unobligated balances remaining from funds 
appropriated under the heading ``Tenant-Based Rental Assistance'' under 
the Department of Housing and Urban Development Appropriations Act, 
2008, $750,000,000 are rescinded from the $4,158,000,000 which are 
available on October 1, 2008. Such amount shall be derived from 
reductions to public housing agencies' calendar year 2009 allocations 
based on amounts in public housing agencies' net restricted assets 
accounts (in accordance with VMS data in calendar year 2008 that is 
verifiable and complete), as determined by the Secretary.
    Sec. 233.  The Secretary of the Department of Housing and Urban 
Development shall for Fiscal Year 2009 and thereafter, notify the 
public through the Federal Register and other means, as determined 
appropriate, of the issuance of a notice of the availability of 
assistance or notice of funding availability (NOFA) for any program or 
discretionary fund administered by the Secretary that is to be 
competitively awarded. Notwithstanding any other provision of law, for 
Fiscal Year 2009 and thereafter, the Secretary may make the NOFA 
available only on the Internet at the appropriate government website or 
websites or through other electronic media, as determined by the 
Secretary.
    Sec. 234. Prepayment and Refinancing. (a) Approval of Prepayment of 
Debt.--Upon request of the project sponsor of a project assisted with a 
loan under section 202 of the Housing Act of 1959 (as in effect before 
the enactment of the Cranston-Gonzalez National Affordable Housing 
Act), for which the Secretary's consent to prepayment is required, the 
Secretary shall approve the prepayment of any indebtedness to the 
Secretary relating to any remaining principal and interest under the 
loan as part of a prepayment plan under which--
        (1) the project sponsor agrees to operate the project until the 
    maturity date of the original loan under terms at least as 
    advantageous to existing and future tenants as the terms required 
    by the original loan agreement or any project-based rental 
    assistance payments contract under section 8 of the United States 
    Housing Act of 1937 (or any other project-based rental housing 
    assistance programs of the Department of Housing and Urban 
    Development, including the rent supplement program under section 
    101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 
    1701s)) or any successor project-based rental assistance program, 
    except as provided by subsection (a)(2)(B); and
        (2) the prepayment may involve refinancing of the loan if such 
    refinancing results --
            (A) in a lower interest rate on the principal of the loan 
        for the project and in reductions in debt service related to 
        such loan; or
            (B) in the case of a project that is assisted with a loan 
        under such section 202 carrying an interest rate of 6 percent 
        or lower, a transaction under which
                (i) the project owner shall address the physical needs 
            of the project;
                (ii) the prepayment plan for the transaction, including 
            the refinancing, shall meet a cost benefit analysis, as 
            established by the Secretary, that the benefit of the 
            transaction outweighs the cost of the transaction including 
            any increases in rent charged to unassisted tenants;
                (iii) the overall cost for providing rental assistance 
            under section 8 for the project (if any) is not increased, 
            except, upon approval by the Secretary to--

                    (I) mark-up-to-market contracts pursuant to section 
                524(a)(3) of the Multifamily Assisted Housing Reform 
                and Affordability Act (42 U.S.C. 1437f note), as such 
                section is carried out by the Secretary for properties 
                owned by nonprofit organizations; or
                    (II) mark-up-to-budget contracts pursuant to 
                section 524(a)(4) of the Multifamily Assisted Housing 
                Reform and Affordability Act (42 U.S.C. 1437f note), as 
                such section is carried out by the Secretary for 
                properties owned by eligible owners ( as such term is 
                defined in section 202(k) of the Housing Act of 1959 
                (12 U.S.C. 1701q(k));

                (iv) the project owner may charge tenants rent 
            sufficient to meet debt service payments and operating cost 
            requirements, as approved by the Secretary, if project-
            based rental assistance is not available or is insufficient 
            for the debt service and operating cost of the project 
            after refinancing. Such approval by the Secretary--

                    (I) shall be the basis for the owner to agree to 
                terminate the project-based rental assistance contract 
                that is insufficient for the debt service and operating 
                cost of the project after refinancing; and
                    (II) shall be an eligibility event for the project 
                for purposes of section 8(t) of the United States 
                Housing Act of 1937 (42 U.S.C. 1437f(t));

                (v) units to be occupied by tenants assisted under 
            section 8(t) of the United States Housing Act of 1937 (42 
            U.S.C. 1437f(t)) shall, upon termination of the occupancy 
            of such tenants, become eligible for project-based 
            assistance under section 8(o)(13) of the United States 
            Housing Act of 1937 (42 U.S.C. 1437f(o)(13)) without regard 
            to the percentage limitations provided in such section; and
                (vi) there shall be a use agreement of 20 years from 
            the date of the maturity date of the original 202 loan for 
            all units, including units to be occupied by tenants 
            assisted under section 8(t) of the United States Housing 
            Act of 1937 (42 U.S.C. 1437f(t)).
    Sec. 235. Use of Surplus Federal Property for the Homeless. No 
property identified by the Secretary of Housing and Urban Development 
as surplus Federal property for use to assist the homeless shall be 
made available to any homeless group unless the group is a member in 
good standing under any of HUD's homeless assistance programs or is in 
good standing with any other program which receives funds from any 
other Federal or State agency or entity: Provided, That an exception 
may be made for an entity not involved with Federal homeless programs 
to use surplus Federal property for the homeless only after the 
Secretary or another responsible Federal agency has fully and 
comprehensively reviewed all relevant finances of the entity, the track 
record of the entity in assisting the homeless, the ability of the 
entity to manage the property, including all costs, the ability of the 
entity to administer homeless programs in a manner that is effective to 
meet the needs of the homeless population that is expected to use the 
property and any other related issues that demonstrate a commitment to 
assist the homeless: Provided further, That the Secretary shall not 
require the entity to have cash in hand in order to demonstrate 
financial ability but may rely on the entity's prior demonstrated 
fundraising ability or commitments for in-kind donations of goods and 
services: Provided further, That the Secretary shall make all such 
information and its decision regarding the award of the surplus 
property available to the committees of jurisdiction, including a full 
justification of the appropriateness of the use of the property to 
assist the homeless as well as the appropriateness of the group seeking 
to obtain the property to use such property to assist the homeless: 
Provided further, That, this section shall apply to properties in 
fiscal year 2008 and 2009 made available as surplus Federal property 
for use to assist the homeless.
    Sec. 236. The Secretary of Housing and Urban Development shall 
increase, pursuant to this section, the number of Moving-to-Work 
agencies authorized under section 204, title II, of the Departments of 
Veterans Affairs and Housing and Urban Development and Independent 
Agencies Appropriations Act, 1996 (Public Law 104-134; 110 Stat. 1321-
281) by adding to the program three Public Housing Agencies that meet 
the following requirements: is a High Performing Agency under the 
Public Housing Assessment System (PHAS) and is a HOPE VI agency. No PHA 
shall be granted this designation through this section that administers 
in excess of 5,000 aggregate housing vouchers and public housing units. 
No PHA granted this designation through this section shall receive more 
funding than they otherwise would have received absent this 
designation.
    Sec. 237. Of the unobligated balances remaining from funds 
appropriated to the Department of Housing and Urban Development under 
the fourth paragraph under the heading ``General and Special Risk 
Program Account'' in the Department of Housing and Urban Development 
Appropriations Act, 2008, $5,000,000 are rescinded: Provided, That with 
respect to such discount sales referenced under such paragraph, 
notwithstanding any other provision of law, in determining the market 
value of any multifamily real property or multifamily loan for any 
noncompetitive sale to a State or local government, the Secretary shall 
in fiscal year 2009 consider, but not be limited to, industry standard 
appraisal practices, including the cost of repairs needed to bring the 
property into such condition as to satisfy minimum State and local code 
standards and the cost of maintaining the affordability restrictions 
imposed by the Secretary on the multifamily real property or 
multifamily loan.
    Sec. 238. The Secretary of the Department of Housing and Urban 
Development is authorized to transfer up to 5 percent of funds 
appropriated for any account under this title under the heading 
``Personnel Compensation and Benefits'' to any other account under this 
title under the heading ``Personnel Compensation and Benefits'' only 
after such transfer has been submitted to, and received prior written 
approval by, the House and Senate Committees on Appropriations: 
Provided, That, no appropriation for any such account shall be 
increased or decreased by more than 10 percent by all such transfers.
    Sec. 239. The Disaster Housing Assistance Programs, administered by 
the Department of Housing and Urban Development, shall be considered a 
``program of the Department of Housing and Urban Development'' under 
section 904 of the McKinney Act for the purpose of income verifications 
and matching.
     This title may be cited as the ``Department of Housing and Urban 
Development Appropriations Act, 2009''.

                               TITLE III

                            RELATED AGENCIES

       Architectural and Transportation Barriers Compliance Board


                          Salaries and Expenses

    For expenses necessary for the Architectural and Transportation 
Barriers Compliance Board, as authorized by section 502 of the 
Rehabilitation Act of 1973, as amended, $6,550,000: Provided, That, 
notwithstanding any other provision of law, there may be credited to 
this appropriation funds received for publications and training 
expenses.

                      Federal Maritime Commission


                          Salaries and Expenses

    For necessary expenses of the Federal Maritime Commission as 
authorized by section 201(d) of the Merchant Marine Act, 1936, as 
amended (46 U.S.C. App. 1111), including services as authorized by 5 
U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 
U.S.C. 1343(b); and uniforms or allowances therefor, as authorized by 5 
U.S.C. 5901-5902, $22,800,000: Provided, That not to exceed $2,000 
shall be available for official reception and representation expenses.

                  National Transportation Safety Board


                          Salaries and Expenses

    For necessary expenses of the National Transportation Safety Board, 
including hire of passenger motor vehicles and aircraft; services as 
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed 
the per diem rate equivalent to the rate for a GS-15; uniforms, or 
allowances therefor, as authorized by law (5 U.S.C. 5901-5902) 
$91,000,000, of which not to exceed $2,000 may be used for official 
reception and representation expenses. The amounts made available to 
the National Transportation Safety Board in this Act include amounts 
necessary to make lease payments due in fiscal year 2009 only, on an 
obligation incurred in fiscal year 2001 for a capital lease. Of the 
funds provided, up to $100,000 shall be provided through reimbursement 
to the Department of Transportation's Office of Inspector General to 
audit the National Transportation Safety Board's financial statements.


                               (rescission)

    Of the available unobligated balances made available under this 
heading in Public Law 106-246, $671,275 are rescinded.

                 Neighborhood Reinvestment Corporation


           Payment to the Neighborhood Reinvestment Corporation

    For payment to the Neighborhood Reinvestment Corporation for use in 
neighborhood reinvestment activities, as authorized by the Neighborhood 
Reinvestment Corporation Act (42 U.S.C. 8101-8107), $131,000,000, of 
which $5,000,000 shall be for a multi-family rental housing program: 
Provided, That of the amounts made available under this heading, 
$6,000,000 shall be made available to conduct a consumer mortgage 
public education campaign: Provided further, That funding amounts 
provided under the previous proviso shall be available for campaign 
development, production, and outreach activities.
    For an additional amount, $50,000,000 shall be made available until 
expended to the Neighborhood Reinvestment Corporation for mortgage 
foreclosure mitigation activities, under the following terms and 
conditions:
        (1) The Neighborhood Reinvestment Corporation (``NRC''), shall 
    make grants to counseling intermediaries approved by the Department 
    of Housing and Urban Development (HUD) (with match to be determined 
    by the NRC based on affordability and the economic conditions of an 
    area; a match also may be waived by the NRC based on the 
    aforementioned conditions) to provide mortgage foreclosure 
    mitigation assistance primarily to States and areas with high rates 
    of defaults and foreclosures primarily in the subprime housing 
    market to help eliminate the default and foreclosure of mortgages 
    of owner-occupied single-family homes that are at risk of such 
    foreclosure. Other than areas with high rates of defaults and 
    foreclosures, grants may also be provided to approved counseling 
    intermediaries based on a geographic analysis of the Nation by the 
    NRC which determines where there is a prevalence of subprime 
    mortgages that are risky and likely to fail, including any trends 
    for mortgages that are likely to default and face foreclosure. A 
    State Housing Finance Agency may also be eligible where the State 
    Housing Finance Agency meets all the requirements under this 
    paragraph. A HUD-approved counseling intermediary shall meet 
    certain mortgage foreclosure mitigation assistance counseling 
    requirements, as determined by the NRC, and shall be approved by 
    HUD or the NRC as meeting these requirements.
        (2) Mortgage foreclosure mitigation assistance shall only be 
    made available to homeowners of owner-occupied homes with mortgages 
    in default or in danger of default. These mortgages shall likely be 
    subject to a foreclosure action and homeowners will be provided 
    such assistance that shall consist of activities that are likely to 
    prevent foreclosures and result in the long-term affordability of 
    the mortgage retained pursuant to such activity or another positive 
    outcome for the homeowner. No funds made available under this 
    paragraph may be provided directly to lenders or homeowners to 
    discharge outstanding mortgage balances or for any other direct 
    debt reduction payments.
        (3) The use of Mortgage Foreclosure Mitigation Assistance by 
    approved counseling intermediaries and State Housing Finance 
    Agencies shall involve a reasonable analysis of the borrower's 
    financial situation, an evaluation of the current value of the 
    property that is subject to the mortgage, counseling regarding the 
    assumption of the mortgage by another non-Federal party, counseling 
    regarding the possible purchase of the mortgage by a non-Federal 
    third party, counseling and advice of all likely restructuring and 
    refinancing strategies or the approval of a work-out strategy by 
    all interested parties.
        (4) NRC may provide up to 15 percent of the total funds under 
    this paragraph to its own charter members with expertise in 
    foreclosure prevention counseling, subject to a certification by 
    the NRC that the procedures for selection do not consist of any 
    procedures or activities that could be construed as an unacceptable 
    conflict of interest or have the appearance of impropriety.
        (5) HUD-approved counseling entities and State Housing Finance 
    Agencies receiving funds under this paragraph shall have 
    demonstrated experience in successfully working with financial 
    institutions as well as borrowers facing default, delinquency and 
    foreclosure as well as documented counseling capacity, outreach 
    capacity, past successful performance and positive outcomes with 
    documented counseling plans (including post mortgage foreclosure 
    mitigation counseling), loan workout agreements and loan 
    modification agreements. NRC may use other criteria to demonstrate 
    capacity in underserved areas.
        (6) Of the total amount made available under this paragraph, up 
    to $5,000,000 may be made available to build the mortgage 
    foreclosure and default mitigation counseling capacity of 
    counseling intermediaries through NRC training courses with HUD-
    approved counseling intermediaries and their partners, except that 
    private financial institutions that participate in NRC training 
    shall pay market rates for such training.
        (7) Of the total amount made available under this paragraph, up 
    to 4 percent may be used for associated administrative expenses for 
    the NRC to carry out activities provided under this section.
        (8) Mortgage foreclosure mitigation assistance grants may 
    include a budget for outreach and advertising, and training, as 
    determined by the NRC.
        (9) The NRC shall report bi-annually to the House and Senate 
    Committees on Appropriations as well as the Senate Banking 
    Committee and House Financial Services Committee on its efforts to 
    mitigate mortgage default. Such reports shall identify successful 
    strategies and methods for preserving homeownership and the long-
    term affordability of at-risk mortgages and shall include 
    recommended efforts that will or likely can assist in the success 
    of this program as well as an analysis of any policy and procedures 
    that failed to result in successful mortgage foreclosure 
    mitigation. The report shall include an analysis of the details and 
    use of any post mitigation counseling of assisted borrowers 
    designed to ensure the continued long-term affordability of the 
    mortgages which were the subject of the mortgage foreclosure 
    mitigation assistance.

           United States Interagency Council on Homelessness


                            Operating Expenses

    For necessary expenses (including payment of salaries, authorized 
travel, hire of passenger motor vehicles, the rental of conference 
rooms, and the employment of experts and consultants under section 3109 
of title 5, United States Code) of the United States Interagency 
Council on Homelessness in carrying out the functions pursuant to title 
II of the McKinney-Vento Homeless Assistance Act, as amended, 
$2,333,000: Provided, That no funds may be used to pay the salaries and 
benefits of any employee of the United States Interagency Council on 
Homelessness that spends more than 10 days outside of the United States 
while not on annual leave.
    Title II of the McKinney-Vento Homeless Assistance Act, as amended, 
is amended in section 209 by striking ``2008'' and inserting ``2010''.

                                TITLE IV

                      GENERAL PROVISIONS--THIS ACT

    Sec. 401. Such sums as may be necessary for fiscal year 2009 pay 
raises for programs funded in this Act shall be absorbed within the 
levels appropriated in this Act or previous appropriations Acts.
    Sec. 402. None of the funds in this Act shall be used for the 
planning or execution of any program to pay the expenses of, or 
otherwise compensate, non-Federal parties intervening in regulatory or 
adjudicatory proceedings funded in this Act.
    Sec. 403. None of the funds appropriated in this Act shall remain 
available for obligation beyond the current fiscal year, nor may any be 
transferred to other appropriations, unless expressly so provided 
herein.
    Sec. 404. The expenditure of any appropriation under this Act for 
any consulting service through procurement contract pursuant to section 
3109 of title 5, United States Code, shall be limited to those 
contracts where such expenditures are a matter of public record and 
available for public inspection, except where otherwise provided under 
existing law, or under existing Executive order issued pursuant to 
existing law.
    Sec. 405. Except as otherwise provided in this Act, none of the 
funds provided in this Act, provided by previous appropriations Acts to 
the agencies or entities funded in this Act that remain available for 
obligation or expenditure in fiscal year 2009, or provided from any 
accounts in the Treasury derived by the collection of fees and 
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; (2) eliminates a program, project, or activity; 
(3) increases funds or personnel 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 the 
House or Senate Committees on Appropriations for a different purpose; 
(5) augments existing programs, projects, or activities in excess of 
$5,000,000 or 10 percent, whichever is less; (6) reduces existing 
programs, projects, or activities by $5,000,000 or 10 percent, 
whichever is less; or (7) creates, reorganizes, or restructures a 
branch, division, office, bureau, board, commission, agency, 
administration, or department different from the budget justifications 
submitted to the Committees on Appropriations or the table accompanying 
the explanatory statement accompanying this Act, whichever is more 
detailed, unless prior approval is received from the House and Senate 
Committees on Appropriations: Provided, That not later than 60 days 
after the date of enactment of this Act, each agency funded by this Act 
shall submit a report to the Committees on Appropriations of the Senate 
and of the House of Representatives to establish the baseline for 
application of reprogramming and transfer authorities for the current 
fiscal year: Provided further, 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 
object class and program, project, and activity as detailed in the 
budget appendix for the respective appropriation; and (3) an 
identification of items of special congressional interest: Provided 
further, That the amount appropriated or limited for salaries and 
expenses for an agency shall be reduced by $100,000 per day for each 
day after the required date that the report has not been submitted to 
the Congress.
    Sec. 406.  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 made available for salaries 
and expenses for fiscal year 2009 in this Act, shall remain available 
through September 30, 2010, for each such account for the purposes 
authorized: Provided, That a request shall be submitted to the House 
and Senate Committees on Appropriations for approval prior to the 
expenditure of such funds: Provided further, That these requests shall 
be made in compliance with reprogramming guidelines under section 405 
of this Act.
    Sec. 407.  All Federal agencies and departments that are funded 
under this Act shall issue a report to the House and Senate Committees 
on Appropriations on all sole source contracts by no later than July 
31, 2009. Such report shall include the contractor, the amount of the 
contract and the rationale for using a sole source contract.
    Sec. 408. (a) None of the funds made available in this Act may be 
obligated or expended for any employee training that--
        (1) does not meet identified needs for knowledge, skills, and 
    abilities bearing directly upon the performance of official duties;
        (2) contains elements likely to induce high levels of emotional 
    response or psychological stress in some participants;
        (3) does not require prior employee notification of the content 
    and methods to be used in the training and written end of course 
    evaluation;
        (4) contains any methods or content associated with religious 
    or quasi-religious belief systems or ``new age'' belief systems as 
    defined in Equal Employment Opportunity Commission Notice N-
    915.022, dated September 2, 1988; or
        (5) is offensive to, or designed to change, participants' 
    personal values or lifestyle outside the workplace.
    (b) Nothing in this section shall prohibit, restrict, or otherwise 
preclude an agency from conducting training bearing directly upon the 
performance of official duties.
    Sec. 409. No funds in this Act may be used to support any Federal, 
State, or local projects that seek to use the power of eminent domain, 
unless eminent domain is employed only for a public use: Provided, That 
for purposes of this section, public use shall not be construed to 
include economic development that primarily benefits private entities: 
Provided further, That any use of funds for mass transit, railroad, 
airport, seaport or highway projects as well as utility projects which 
benefit or serve the general public (including energy-related, 
communication-related, water-related and wastewater-related 
infrastructure), other structures designated for use by the general 
public or which have other common-carrier or public-utility functions 
that serve the general public and are subject to regulation and 
oversight by the government, and projects for the removal of an 
immediate threat to public health and safety or brownsfield as defined 
in the Small Business Liability Relief and Brownsfield Revitalization 
Act (Public Law 107-118) shall be considered a public use for purposes 
of eminent domain.
    Sec. 410. 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 Act or any other appropriations Act.
    Sec. 411. No part of any appropriation contained in this Act shall 
be available to pay the salary for any person filling a position, other 
than a temporary position, formerly held by an employee who has left to 
enter the Armed Forces of the United States and has satisfactorily 
completed his period of active military or naval service, and has 
within 90 days after his release from such service or from 
hospitalization continuing after discharge for a period of not more 
than 1 year, made application for restoration to his former position 
and has been certified by the Office of Personnel Management as still 
qualified to perform the duties of his former position and has not been 
restored thereto.
    Sec. 412. No funds appropriated pursuant to this Act may be 
expended by an entity unless the entity agrees that in expending the 
assistance the entity will comply with sections 2 through 4 of the Act 
of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy 
American Act'').
    Sec. 413. No funds appropriated or otherwise made available under 
this Act shall be made available to any person or entity that has been 
convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
    This division may be cited as the ``Transportation, Housing and 
Urban Development, and Related Agencies Appropriations Act, 2009''.

 DIVISION J--FURTHER PROVISIONS RELATING TO THE DEPARTMENT OF HOMELAND 
                       SECURITY AND OTHER MATTERS

                    DEPARTMENT OF HOMELAND SECURITY

                      United States Secret Service


                          SALARIES AND EXPENSES

                      (including transfer of funds)

    For an additional amount for ``Salaries and Expenses'', 
$100,000,000, to remain available until expended, to address additional 
requirements related to the protection mission: Provided, That of this 
amount, not to exceed $12,730,000 may be transferred to ``Acquisition, 
Construction, Improvements, and Related Expenses'' to address the 
deferred maintenance backlog: Provided further, That the amount under 
this heading 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.

                   GENERAL PROVISIONS--THIS DIVISION

    Sec. 101. Sections 143, 144, and 145 of division A of the 
Consolidated Security, Disaster Assistance, and Continuing 
Appropriations Act, 2009 (Public Law 110-329; 122 Stat. 3580 et seq.) 
are each amended by striking ``the date specified in section 106(3) of 
this joint resolution'' and inserting ``September 30, 2009''.
    Sec. 102. (a) Extension of Commission on the Prevention of Weapons 
of Mass Destruction Proliferation and Terrorism.--Effective as of 
February 1, 2009, section 1858 of the Implementing Recommendations of 
the 9/11 Commission Act of 2007 (Public Law 110-53; 121 Stat. 504) is 
amended--
        (1) in subsection (a), by striking ``60 days after'' and all 
    that follows through the end of the subsection and inserting ``on 
    March 1, 2010.''; and
        (2) in subsection (b), by striking ``the 60-day period referred 
    to in subsection (a)'' and inserting ``the period beginning on 
    February 2, 2009, and ending on February 28, 2010,''.
    (b) Funding.--Of the funds provided under the heading ``Operation 
and Maintenance, Defense-Wide'' in the Department of Defense 
Appropriations Act, 2009 (division C of Public Law 110-329; 122 Stat. 
3606), $1,100,000 shall be made available only for purposes of the 
Commission on the Prevention of Weapons of Mass Destruction 
Proliferation and Terrorism.
    Sec. 103. Notwithstanding any provision of section 601(a)(2) of the 
Legislative Reorganization Act of 1946 (2 U.S.C. 31(2)), the percentage 
adjustment scheduled to take effect under any such provision in 
calendar year 2010 shall not take effect.

                               Speaker of the House of Representatives.

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