[House Prints, 110th Congress]
[From the U.S. Government Publishing Office]
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[House Appropriations Committee Print]
Consolidated Security, Disaster Assistance, and Continuing
Appropriations Act, 2009
(H.R. 2638; P.L. 110-329)
DIVISION A--CONTINUING APPROPRIATIONS RESOLUTION, 2009
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[Clerk's note: Four sections which precede division A in
the Consolidated Security, Disaster Assistance, and Continuing
Appropriations Act apply to all divisions of the Act, including
this one. The text of these sections is as follows:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consolidated Security,
Disaster Assistance, and Continuing Appropriations Act, 2009''.
SEC. 2. TABLE OF CONTENTS.
[Text omitted for purposes of this note]
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to
``this Act'' or ``this joint resolution'' contained in any
division of this Act shall be treated as referring only to the
provisions of that division.
SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding this legislation,
printed in the House of Representatives section of the
Congressional Record on or about September 24, 2008 by the
Chairman of the Committee on Appropriations of the House, shall
have the same effect with respect to the allocation of funds
and implementation of this Act as if it were a joint
explanatory statement of a committee of conference.
Reproduced below is the text of division A of the
Consolidated Security, Disaster Assistance, and Continuing
Appropriations Act, 2009 (H.R. 2638; P.L. 110-329) as presented
to the President for signature.]
Legislative Text, Division A
DIVISION A--CONTINUING APPROPRIATIONS RESOLUTION, 2009
The following sums are hereby appropriated, out of any money
in the Treasury not otherwise appropriated, and out of
applicable corporate or other revenues, receipts, and funds,
for the several departments, agencies, corporations, and other
organizational units of Government for fiscal year 2009, and
for other purposes, namely:
Sec. 101. Such amounts as may be necessary, at a rate for
operations as provided in the applicable appropriations Acts
for fiscal year 2008 and under the authority and conditions
provided in such Acts, for continuing projects or activities
(including the costs of direct loans and loan guarantees) that
are not otherwise specifically provided for in this joint
resolution, that were conducted in fiscal year 2008, and for
which appropriations, funds, or other authority were made
available in the following appropriations Acts: divisions A, B,
C, D, F, G, H, J, and K of the Consolidated Appropriations Act,
2008 (Public Law 110-161).
Sec. 102. Rates for operations shall be calculated under
section 101 without regard to any amount designated in the
applicable appropriations Acts for fiscal year 2008 as an
emergency requirement or necessary to meet emergency needs
pursuant to any concurrent resolution on the budget, other than
the following amounts:
(1) $150,000,000 provided in Public Law 110-252 for
``Department of Health and Human Services--Food and
Drug Administration--Salaries and Expenses''.
(2) $143,539,000 provided in division B of Public Law
110-161 for ``Department of Justice--Federal Bureau of
Investigation--Salaries and Expenses''.
(3) $110,000,000 provided in Public Law 110-252 for
``Department of Labor--Employment and Training
Administration--State Unemployment Insurance and
Employment Service Operations'', without regard to the
dates specified under such heading.
(4) $272,000,000 of the $575,000,000 provided in
division J of Public Law 110-161 for ``Department of
State--Administration of Foreign Affairs--Diplomatic
and Consular Programs'' in the first paragraph under
such heading, and $206,632,000 provided in the last
paragraph under such heading.
(5) $76,700,000 provided in subchapter A of chapter 4
of title I of Public Law 110-252 for ``Department of
State--Administration of Foreign Affairs--Embassy
Security, Construction, and Maintenance''.
Sec. 103. Appropriations made by section 101 shall be
available to the extent and in the manner that would be
provided by the pertinent appropriations Act.
Sec. 104. No appropriation or funds made available or
authority granted pursuant to section 101 shall be used to
initiate or resume any project or activity for which
appropriations, funds, or other authority were not available
during fiscal year 2008.
Sec. 105. Appropriations made and authority granted pursuant
to this joint resolution shall cover all obligations or
expenditures incurred for any project or activity during the
period for which funds or authority for such project or
activity are available under this joint resolution.
Sec. 106. Unless otherwise provided for in this joint
resolution or in the applicable appropriations Act for fiscal
year 2009, appropriations and funds made available and
authority granted pursuant to this joint resolution shall be
available until whichever of the following first occurs: (1)
the enactment into law of an appropriation for any project or
activity provided for in this joint resolution; (2) the
enactment into law of the applicable appropriations Act for
fiscal year 2009 without any provision for such project or
activity; or (3) March 6, 2009.
Sec. 107. Expenditures made pursuant to this joint resolution
shall be charged to the applicable appropriation, fund, or
authorization whenever a bill in which such applicable
appropriation, fund, or authorization is contained is enacted
into law.
Sec. 108. Appropriations made and funds made available by or
authority granted pursuant to this joint resolution may be used
without regard to the time limitations for submission and
approval of apportionments set forth in section 1513 of title
31, United States Code, but nothing in this joint resolution
may be construed to waive any other provision of law governing
the apportionment of funds.
Sec. 109. Notwithstanding any other provision of this joint
resolution, except section 106, for those programs that would
otherwise have high initial rates of operation or complete
distribution of appropriations at the beginning of fiscal year
2009 because of distributions of funding to States, foreign
countries, grantees, or others, such high initial rates of
operation or complete distribution shall not be made, and no
grants shall be awarded for such programs funded by this joint
resolution that would impinge on final funding prerogatives.
Sec. 110. This joint resolution shall be implemented so that
only the most limited funding action of that permitted in the
joint resolution shall be taken in order to provide for
continuation of projects and activities.
Sec. 111. (a) For entitlements and other mandatory payments
whose budget authority was provided in appropriations Acts for
fiscal year 2008, and for activities under the Food and
Nutrition Act of 2008, activities shall be continued at the
rate to maintain program levels under current law, under the
authority and conditions provided in the applicable
appropriations Act for fiscal year 2008, to be continued
through the date specified in section 106(3).
(b) Notwithstanding section 106, obligations for mandatory
payments due on or about the first day of any month that begins
after October 2008 but not later than 30 days after the date
specified in section 106(3) may continue to be made, and funds
shall be available for such payments.
Sec. 112. Amounts made available under section 101 for
civilian personnel compensation and benefits in each department
and agency may be apportioned up to the rate for operations
necessary to avoid furloughs within such department or agency,
consistent with the applicable appropriations Act for fiscal
year 2008, except that such authority provided under this
section shall not be used until after the department or agency
has taken all necessary actions to reduce or defer non-
personnel-related administrative expenses.
Sec. 113. Funds appropriated by this joint resolution may be
obligated and expended notwithstanding section 10 of Public Law
91-672 (22 U.S.C. 2412), section 15 of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2680), section 313 of
the Foreign Relations Authorization Act, Fiscal Years 1994 and
1995 (22 U.S.C. 6212), and section 504(a)(1) of the National
Security Act of 1947 (50 U.S.C. 414(a)(1)).
Sec. 114. Notwithstanding section 101, amounts are provided
for ``Department of Agriculture--Food and Nutrition Service--
Special Supplemental Nutrition Program for Women, Infants, and
Children (WIC)'' at a rate for operations of $6,658,000,000.
Sec. 115. Notwithstanding section 101, amounts are provided
for ``Department of Agriculture--Rural Housing Service--Rental
Assistance Program'' at a rate for operations of $997,000,000.
Sec. 116. Section 14222(b)(1) of the Food, Conservation, and
Energy Act of 2008 (Public Law 110-246) shall not apply through
the date specified in section 106(3) of this joint resolution.
Sec. 117. Notwithstanding section 101, amounts are provided
for ``Department of Agriculture--Rural Housing Service--Rural
Housing Insurance Fund Program Account'', for the cost of
unsubsidized guaranteed loans for section 502 borrowers, at the
rate necessary to maintain the same principal amount of loan
guarantee commitments as made in fiscal year 2008.
Sec. 118. With respect to amounts provided by section 101 for
the Department of Agriculture, sections 101 and 104 may not be
construed to prohibit the use of such amounts for necessary
administrative expenses for programs for which direct spending
authority (as defined in section 250(c)(8)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
900(c)(8)(A))) is provided by the Food, Conservation, and
Energy Act of 2008 (Public Law 110-246).
Sec. 119. Notwithstanding section 101, amounts are provided
for ``Department of Agriculture-Food and Nutrition Service--
Commodity Assistance Program'' at a rate for operations of
$233,791,000, of which $163,218,000 shall be for carrying out
the Commodity Supplemental Food Program.
Sec. 120. Notwithstanding section 101, amounts are provided
for ``Department of Commerce--Bureau of the Census--Periodic
Censuses and Programs'' at a rate for operations of
$2,906,262,000. From such amounts, funds may be used for
additional promotion, outreach, and marketing activities.
Sec. 121. Notwithstanding the limitations on administrative
expenses in subsections (c)(2) and (c)(3)(A) of section 3005 of
the Digital Television Transition and Public Safety Act of 2005
(Public Law 109-171; 120 Stat. 21), the Assistant Secretary (as
such term is defined in section 3001(b) of such Act) may expend
funds made available under sections 3006, 3008, and 3009 of
such Act for additional administrative expenses of the digital-
to-analog converter box program established by such section
3005 at a rate not to exceed $180,000,000 through the date
specified in section 106(3) of this joint resolution.
Sec. 122. Notwithstanding section 101, amounts are provided
for ``Department of Justice--Federal Prison System--Salaries
and Expenses'' at a rate for operations of $5,396,615,000.
Sec. 123. Notwithstanding section 101, amounts are provided
for ``Department of Justice--General Administration--Detention
Trustee'' at a rate for operations of $1,245,920,000.
Sec. 124. Amounts provided by section 101 for the National
Aeronautics and Space Administration may be obligated in the
account and budget structure set forth in S. 3182 (110th
Congress), the Commerce, Justice, Science, and Related Agencies
Appropriations Act, 2009, as reported by the Committee on
Appropriations of the Senate.
Sec. 125. Section 7(1)(B) of Public Law 106-178 (50 U.S.C.
1701 note) is amended by striking ``January 1, 2012'' and
inserting ``July 1, 2016''.
Sec. 126. In addition to amounts otherwise provided by
section 101, an additional amount is provided for ``Department
of Justice--Legal Activities--Salaries and Expenses, General
Legal Activities'' to reimburse the Office of Personnel
Management for salaries and expenses associated with the
Federal observer program under section 8 of the Voting Rights
Act of 1965 (42 U.S.C. 1973f), at a rate for operations of
$3,390,000, of which $1,090,000 shall be derived by transfer
from amounts provided by section 101 for ``Office of Personnel
Management--Salaries and Expenses''.
Sec. 127. Section 14704 of title 40, United States Code,
shall be applied by substituting the date specified in section
106(3) of this joint resolution for ``October 1, 2007''.
Sec. 128. Amounts provided by section 101 for ``Department of
the Army--Corps of Engineers-Civil--Construction'' for inland
waterway major rehabilitation projects shall not be derived
from the Inland Waterways Trust Fund.
Sec. 129. (a) Notwithstanding any other provision of this
joint resolution, there is appropriated $7,510,000,000 for
fiscal year 2009 for ``Department of Energy--Energy Programs--
Advanced Technology Vehicles Manufacturing Loan Program
Account'' for the cost of direct loans as authorized by section
136(d) of the Energy Independence and Security Act of 2007
(Public Law 110-140; 42 U.S.C. 17013(d)), to remain available
until expended. Of such amount, $10,000,000 shall be used for
administrative expenses in carrying out the direct loan
program. Commitments for direct loans using such amount shall
not exceed $25,000,000,000 in total loan principal. The cost of
such direct loans, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget
Act of 1974.
(b) The amount provided by this section is designated as an
emergency requirement and necessary to meet emergency needs
pursuant to section 204(a) of S. Con. Res. 21 (110th Congress)
and section 301(b)(2) of S. Con. Res. 70 (110th Congress), the
concurrent resolutions on the budget for fiscal years 2008 and
2009.
(c) Section 136 of the Energy Independence and Security Act
of 2007 (Public Law 110-140; 42 U.S.C. 17013) is amended as
follows:
(1) In subsection (d)(1), by adding at the end the
following: ``The loans shall be made through the
Federal Financing Bank, with the full faith and credit
of the United States Government on the principal and
interest. The full credit subsidy shall be paid by the
Secretary using appropriated funds.''.
(2) In subsection (e), by striking ``The Secretary
shall issue regulations that require that,'' and
inserting the following: ``Not later than 60 days after
the enactment of the Continuing Appropriations
Resolution, 2009, the Secretary shall promulgate an
interim final rule establishing regulations that the
Secretary deems necessary to administer this section
and any loans made by the Secretary pursuant to this
section. Such interim final rule shall require that,''.
(3) By adding at the end the following new
subsection:
``(j) Appointment and Pay of Personnel.--(1) The Secretary
may use direct hiring authority pursuant to section 3304(a)(3)
of title 5, United States Code, to appoint such professional
and administrative personnel as the Secretary deems necessary
to the discharge of the Secretary's functions under this
section.
``(2) The rate of pay for a person appointed pursuant to
paragraph (1) shall not exceed the maximum rate payable for GS-
15 of the General Schedule under chapter 53 such title 5.
``(3) The Secretary may retain such consultants as the
Secretary deems necessary to the discharge of the functions
required by this section, pursuant to section 31 of the Office
of Federal Procurement Policy Act (41 U.S.C. 427).''.
Sec. 130. (a) In addition to the amounts otherwise provided
by section 101 for ``Department of Energy--Energy Programs--
Energy Efficiency and Renewable Energy'' for weatherization
assistance under part A of title IV of the Energy Conservation
and Production Act (42 U.S.C. 6861 et seq.), there is
appropriated $250,000,000 for an additional amount for fiscal
year 2009, to remain available until expended.
(b) The amount provided by this section is designated as an
emergency requirement and necessary to meet emergency needs
pursuant to section 204(a) of S. Con. Res. 21 (110th Congress)
and section 301(b)(2) of S. Con. Res. 70 (110th Congress), the
concurrent resolutions on the budget for fiscal years 2008 and
2009.
Sec. 131. In addition to the amounts otherwise provided by
section 101, an additional amount is provided for ``Department
of the Treasury--Internal Revenue Service--Taxpayer Services''
to meet the requirements of the Economic Stimulus Act of 2008
(Public Law 110-185), at a rate for operations of $67,900,000.
Sec. 132. In addition to the amounts otherwise provided by
section 101, an additional amount is provided for ``Executive
Office of the President--Office of Administration--Salaries and
Expenses'' for e-mail restoration activities, at a rate for
operations of $5,700,000.
Sec. 133. Notwithstanding section 101, amounts are provided
for ``Executive Office of the President--Office of
Administration--Presidential Transition Administrative
Support'' to carry out the Presidential Transition Act of 1963
(3 U.S.C. 102 note) at a rate for operations of $8,000,000.
Such funds may be transferred to other accounts that provide
funding for offices within the Executive Office of the
President and the Office of the Vice President in this joint
resolution or any other Act, to carry out such purposes.
Sec. 134. Notwithstanding any other provision of this joint
resolution, except section 106, the District of Columbia may
expend local funds for programs and activities under the
heading ``District of Columbia Funds'' for such programs and
activities under title IV of S. 3260 (110th Congress), as
reported by the Committee on Appropriations of the Senate, at
the rate set forth under ``District of Columbia Funds'' as
included in the Fiscal Year 2009 Proposed Budget and Financial
Plan submitted to the Congress by the District of Columbia on
June 9, 2008.
Sec. 135. Notwithstanding section 101, amounts are provided
for ``Federal Payment for Emergency Planning and Security Costs
in the District of Columbia'' for a direct Federal payment to
the District of Columbia, at a rate for operations of
$15,000,000.
Sec. 136. In addition to the amounts otherwise provided by
section 101, an additional amount is provided for ``Federal
Communications Commission--Salaries and Expenses'' for consumer
education associated with the transition to digital television
occurring on February 17, 2009, at a rate for operations of
$20,000,000.
Sec. 137. Notwithstanding section 101, amounts are provided
for ``General Services Administration--Expenses, Presidential
Transition'' to carry out the Presidential Transition Act of
1963 (3 U.S.C. 102 note) at a rate for operations of
$8,520,000, of which not to exceed $1,000,000 is for activities
authorized by paragraphs (8) and (9) of section 3(a) of such
Act.
Sec. 138. Notwithstanding section 101, amounts are provided
for ``General Services Administration--Allowances and Office
Staff for Former Presidents'' to carry out the provisions of
the Act of August 25, 1958 (3 U.S.C. 102 note) at a rate for
operations of $2,682,000.
Sec. 139. Notwithstanding section 101, the limitation on
gross obligations applicable under the heading ``National
Credit Union Administration--Central Liquidity Facility'' in
division D of Public Law 110-161 shall be the amount authorized
by section 307(a)(4)(A) of the Federal Credit Union Act (12
U.S.C. 1795f(a)(4)(A)).
Sec. 140. Notwithstanding section 101, amounts are provided
to carry out section 504(d) of title 39, United States Code, as
amended by section 603(a) of the Postal Accountability and
Enhancement Act (Public Law 109-435), at a rate for operations
of $14,043,000, to be derived by transfer from the Postal
Service Fund.
Sec. 141. Notwithstanding section 101, amounts are provided
to carry out section 8G(f)(6) of the Inspector General Act of
1978 (5 U.S.C. App.), as added by section 603(b)(3) of the
Postal Accountability and Enhancement Act (Public Law 109-435),
at a rate for operations of $233,440,000, to be derived by
transfer from the Postal Service Fund.
Sec. 142. (a) The adjustment in rates of basic pay for
employees under the statutory pay systems that takes effect in
fiscal year 2009 under sections 5303 and 5304 of title 5,
United States Code, shall be an increase of 3.9 percent, and
this adjustment shall apply to civilian employees in the
Department of Homeland Security. Such adjustment shall be
effective as of the first day of the first applicable pay
period beginning on or after January 1, 2009.
(b) The adjustment in rates of basic pay for the statutory
pay systems that take place in fiscal year 2009 under sections
5344 and 5348 of title 5, United States Code, shall be no less
than the percentage in subsection (a) as employees in the same
location whose rates of basic pay are adjusted pursuant to the
statutory pay systems under section 5303 and 5304 of such title
5. Prevailing rate employees at locations where there are no
employees whose pay is increased pursuant to sections 5303 and
5304 of such title 5 and prevailing rate employees described in
section 5343(a)(5) of such title 5 shall be considered to be
located in the pay locality designated as ``Rest of US''
pursuant to section 5304 of such title 5 for purposes of this
subsection.
(c) Funds used to carry out this section shall be paid from
appropriations which are made to each applicable department or
agency for salaries and expenses for fiscal year 2009.
(d) The provisions of this section shall apply
notwithstanding any other provision of this joint resolution.
Sec. 143. Section 401(b) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note)
shall be applied by substituting the date specified in section
106(3) of this joint resolution for ``the 11-year period
beginning on the first day the pilot program is in effect''.
Sec. 144. The requirement set forth in section 610(b) of the
Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note)
shall continue through the date specified in section 106(3) of
this joint resolution.
Sec. 145. Sections 1309(a) and 1319 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026) shall each
be applied by substituting the date specified in section 106(3)
of this joint resolution for ``September 30, 2008''.
Sec. 146. Section 717(a) of the Defense Production Act of
1950 (50 U.S.C. App. 2166(a)) shall be applied by substituting
the date specified in section 106(3) of this joint resolution
for ``September 30, 2008''.
Sec. 147. The authority provided by section 330 of Public Law
106-291 (43 U.S.C. 1701 note), as amended by section 428 of
Public Law 109-54, shall continue in effect through the date
specified in section 106(3) of this joint resolution.
Sec. 148. Section 337(a) of division E of Public Law 108-447,
as amended by section 420 of division F of Public Law 110-161,
shall be applied by substituting the date specified in section
106(3) of this joint resolution for ``September 30, 2008''.
Sec. 149. Section 503(f) of Public Law 109-54 (16 U.S.C. 580d
note) shall be applied by substituting the date specified in
section 106(3) of this joint resolution for ``September 30,
2008''.
Sec. 150. The authority provided by section 325 of Public Law
108-108 (117 Stat. 1307) shall continue in effect through the
date specified in section 106(3) of this joint resolution.
Sec. 151. In addition to the amounts otherwise provided by
section 101, an additional amount is provided for ``Department
of the Interior--National Park Service--Operation of the
National Park System'' for security and visitor safety
activities related to the Presidential Inaugural Ceremonies, at
a rate for operations of $2,000,000.
Sec. 152. (a) Sections 104, 105, and 433 of division F of
Public Law 110-161 shall not apply to amounts provided by this
joint resolution.
(b) Nothing in this section amends or shall be construed as
amending the Outer Continental Shelf Lands Act (43 U.S.C. 1331
et seq.), including the public comment periods mandated by
section 18 of that Act (43 U.S.C. 1344), the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), or
any other law or regulation.
Sec. 153. Amounts provided by section 101 for implementation
of the Modified Water Deliveries to Everglades National Park
shall be made available to the Army Corps of Engineers, which
shall immediately carry out Alternative 3.2.2.a to U.S. Highway
41 (the Tamiami Trail) as substantially described in the
Limited Reevaluation Report with Integrated Environmental
Assessment and addendum, approved August 2008, which, for
purposes of this section, is determined to meet the
requirements of section 404 of the Federal Water Pollution
Control Act (33 U.S.C. 1344), including subsection (r), in
order to achieve the goals set forth in section 104 of the
Everglades National Park Protection and Expansion Act of 1989
(16 U.S.C. 410r-8).
Sec. 154. Activities authorized by chapters 2, 3, and 5 of
title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.),
including section 246 of such Act, shall continue through the
date specified in section 106(3) of this joint resolution.
Sec. 155. (a) In lieu of the amount otherwise provided by
section 101 for ``Department of Health and Human Services--
Administration for Children and Families--Low-Income Home
Energy Assistance'', there is appropriated for such account for
making payments under the Low-Income Home Energy Assistance Act
of 1981, $5,100,000,000, which shall remain available through
September 30, 2009. Of such amount, $4,509,672,000 is for
payments under subsections (b) and (d) of section 2602 of such
Act and $590,328,000 is for payments under subsection (e) of
such section. All but $839,792,000 of the amount provided by
this section for such subsections (b) and (d) shall be
allocated as though the total appropriation for such payments
for fiscal year 2009 was less than $1,975,000,000.
(b) Notwithstanding section 2605(b)(2)(B)(ii) of such Act, a
State may use any amount of an allotment from prior
appropriations Acts that is available to that State for
providing assistance in fiscal year 2009, and any allotment
from funds appropriated in this section or in any other
appropriations Act for fiscal year 2009, to provide assistance
to households whose income does not exceed 75 percent of the
State median income.
(c) The amount provided by this section shall be obligated to
States within 30 calender days from the date of enactment of
this joint resolution.
(d) Of the amount provided by this section, $2,779,672,000 is
designated as an emergency requirement and necessary to meet
emergency needs pursuant to section 204(a) of S. Con. Res. 21
(110th Congress) and section 301(b)(2) of S. Con. Res. 70
(110th Congress), the concurrent resolutions on the budget for
fiscal years 2008 and 2009.
(e) The provisions of this section shall apply
notwithstanding any other provision of this joint resolution.
Sec. 156. Notwithstanding section 101, amounts are provided
for ``Corporation for National and Community Service--Operating
Expenses'' to carry out subtitle E of the National and
Community Service Act of 1990 at a rate for operations of
$23,782,000.
Sec. 157. (a) Amounts provided by section 101 for
``Department of Health and Human Services--Office of the
Secretary--General Departmental Management'' are also available
for the purpose of funding the National Commission on Children
and Disasters authorized under title VI of division G of Public
Law 110-161 (the ``title VI Commission'').
(b) Effective on and after the date of enactment of this
joint resolution (1) the National Commission on Children and
Disasters established by the Secretary of Health and Human
Services under section 1114 of the Social Security Act (the
``section 1114 Commission''), together with its members,
personnel, and other resources and obligations, shall be
considered to be the title VI Commission and shall no longer be
subject to the provisions of such section 1114; and (2) for
purposes of any contract entered into by any component of the
Department of Health and Human Services in fiscal year 2008 for
support of the section 1114 Commission, any reference to the
section 1114 Commission shall be deemed to refer to the title
VI Commission.
Sec. 158. (a) Notwithstanding section 101, amounts are
provided for ``Department of Education-Student Financial
Assistance'' at a rate for operations of $18,627,136,000, of
which $16,761,000,000 shall be for carrying out subpart 1 of
part A of title IV of the Higher Education Act of 1965.
(b) Subparagraph (E) of section 401(b)(8) of the Higher
Education Act of 1965 shall not apply to any funds made
available under subparagraph (A) of such section through the
date specified in section 106(3) of this joint resolution.
Sec. 159. Notwithstanding any other provision of this joint
resolution, there is appropriated for payment to the heirs-at-
law of Stephanie Tubbs Jones, late a Representative from the
State of Ohio, $169,300.
Sec. 160. (a) Notwithstanding any other provision of this
joint resolution, there is appropriated for ``Department of
Veterans Affairs--Veterans Benefits Administration--Filipino
Veterans Equity Compensation Fund'' for payments to eligible
persons who served in the Philippines during World War II as
authorized, $198,000,000, to remain available until expended.
(b) The amount provided by this section is designated as an
emergency requirement and necessary to meet emergency needs
pursuant to section 204(a) of S. Con. Res. 21 (110th Congress)
and section 301(b)(2) of S. Con. Res. 70 (110th Congress), the
concurrent resolutions on the budget for fiscal years 2008 and
2009.
Sec. 161. The authority provided by section 1603(a) of Public
Law 109-234 shall continue in effect through the date specified
in section 106(3) of this joint resolution.
Sec. 162. Notwithstanding section 235(a)(2) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2195(a)(2)), the authority of
subsections (a) through (c) of section 234 of such Act shall
remain in effect through the date specified in section 106(3)
of this joint resolution.
Sec. 163. Notwithstanding any other provision of this joint
resolution, up to $5,000,000 of the amounts appropriated under
the heading ``Other Bilateral Economic Assistance--Department
of the Treasury--Debt Restructuring'' in Public Law 109-102, in
such Act as made applicable to fiscal year 2007 by the
Continuing Appropriations Resolution, 2007 (as amended by
Public Law 110-5), and in title III of division J of Public Law
110-161, may be used to assist Liberia in buying back its
commercial debt through the Debt Reduction Facility of the
International Development Association.
Sec. 164. The first proviso under the heading ``Department of
State--Migration and Refugee Assistance'' in title III of
division J of Public Law 110-161 shall not apply to amounts
provided by this joint resolution.
Sec. 165. Notwithstanding section 101 of this joint
resolution, the number in the third proviso under the heading
``Military Assistance--Funds Appropriated to the President--
Foreign Military Financing Program'' in title IV of division J
of Public Law 110-161 shall be deemed to be $670,650,000 and
shall apply to the $2,550,000,000 made available for assistance
for Israel in fiscal year 2009 under the heading ``Foreign
Military Financing Program''.
Sec. 166. Notwithstanding section 101, amounts are provided
for ``Department of Transportation--Federal Aviation
Administration--Operations'' at a rate for operations of
$8,756,800,000, of which not less than $1,099,402,000 shall be
available for aviation safety activities.
Sec. 167. Amounts provided by section 101 for ``Department of
Transportation--Maritime Administration--Operations and
Training'' shall include amounts necessary to satisfy the
salaries and benefits of employees of the United States
Merchant Marine Academy, to be derived solely from the total
amount made available in this joint resolution for the United
States Merchant Marine Academy. The Secretary of Transportation
shall inform the Committees on Appropriations of the House of
Representatives and the Senate of salaries and expenses funding
obligated for personnel that had heretofore not been
compensated from funds made available under this account.
Sec. 168. Notwithstanding any other provision of this joint
resolution, other than section 106, the Secretary of Housing
and Urban Development shall obligate funds provided by section
101 at a rate the Secretary determines is necessary to renew,
in a timely manner, all section 8 project-based rental
assistance contracts. In renewing such contracts, the Secretary
may provide for payments to be made beyond the period covered
by this joint resolution.
Sec. 169. Section 24(o) of the United States Housing Act of
1937 (42 U.S.C. 1437v(o)) shall be applied by substituting the
date specified in section 106(3) of this joint resolution for
``September 30, 2008''.
Sec. 170. Notwithstanding the limitation in the first
sentence of section 255(g) of the National Housing Act (12
U.S.C. 1715z-20(g)), the Secretary of Housing and Urban
Development may, until the date specified in section 106(3) of
this joint resolution, insure and enter into commitments to
insure mortgages under section 255 of such Act.
Sec. 171. During the period covered by this joint resolution,
commitments to guarantee loans insured under the Mutual
Mortgage Insurance Fund, as authorized by the National Housing
Act (12 U.S.C. 1701 et seq.), shall not exceed a loan principal
of $1,154,000,000 multiplied by the number of days in such
period.
Sec. 172. Notwithstanding any other provision of this joint
resolution, from funds made available for personnel
compensation and benefits or salaries and expenses under any
account in title II of division K of Public Law 110-161 (except
for ``Office of Inspector General'' and ``Office of Federal
Housing Enterprise Oversight--Salaries and Expenses''), up to
$15,000,000 may be transferred to ``Working Capital Fund'' for
information technology needs for the Federal Housing
Administration.
Sec. 173. Amounts provided by section 101 for ``National
Transportation Safety Board--Salaries and Expenses'' shall
include amounts necessary to make lease payments due in fiscal
year 2009 only, on an obligation incurred in 2001 under a
capital lease.
Sec. 174. The provisions of title II of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11311 et seq.) shall
continue in effect, notwithstanding section 209 of such Act,
through the earlier of (1) the date specified in section 106(3)
of this joint resolution; or (2) the date of enactment of an
authorization Act relating to the McKinney-Vento Homeless
Assistance Act.
This division may be cited as the ``Continuing Appropriations
Resolution, 2009''.
[Clerk's note: Reproduced below is the material relating to
division A contained in the ``Explanatory Statement Submitted
by Mr. Obey, Chairman of the House Committee on Appropriations,
Regarding the Amendment of the House of Representatives to the
Senate Amendment to H.R. 2638''.\1\]
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\1\ This Explanatory Statement was submitted for printing in the
Congressional Record on September 24, 2008, prior to House
consideration of the amendment and as directed by the House of
Representatives in section 3 of H. Res. 1488. The Statement appears in
Book II of the September 24 Congressional Record.
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Explanatory Statement, Division A
DIVISION A--CONTINUING APPROPRIATIONS RESOLUTION, 2009
Division A provides continuing appropriations for all
agencies and activities that would be covered by the regular
fiscal year 2009 appropriations bills, until enactment of the
applicable regular appropriations bill or until March 6, 2009,
whichever occurs first.
DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS
Neither the legislative text of division A nor the
accompanying explanatory statement contains any congressional
earmarks, congressionally directed spending items, limited tax
benefits or limited tariff benefits (as defined in clause 9 of
rule XXI of the Rules of the House of Representatives and rule
XLIV of the Standing Rules of the Senate, respectively).