[House Prints, 110th Congress]
[From the U.S. Government Publishing Office]


=======================================================================


                 [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

=======================================================================

    [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).
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