    [Congressional Bills 111th Congress]
    [From the U.S. Government Publishing Office]
    [H.R. 1105 Introduced in House (IH)]

    111th CONGRESS
      1st Session
                                    H. R. 1105

    Making omnibus appropriations for the fiscal year ending September 30,
                         2009, and for other purposes.

    _______________________________________________________________________

                        IN THE HOUSE OF REPRESENTATIVES

                               February 23, 2009

       Mr. Obey introduced the following bill; which was referred to the
     Committee on Appropriations, and in addition to the Committee on the
     Budget, for a period to be subsequently determined by the Speaker, in
       each case for consideration of such provisions as fall within the
                    jurisdiction of the committee concerned

    _______________________________________________________________________

                                     A BILL

    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.
                                     <all>