[Congressional Record Volume 154, Number 152 (Wednesday, September 24, 2008)]
[House]
[Pages H9231-H9305]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      CONSOLIDATED SECURITY, DISASTER ASSISTANCE, AND CONTINUING 
                        APPROPRIATIONS ACT, 2009

  Mr. OBEY. Mr. Speaker, pursuant to House Resolution 1488, I call up 
the bill (H.R. 2638) making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes, with a Senate amendment thereto, and ask for its 
immediate consideration.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore (Mr. Ross). The Clerk will designate the 
Senate amendment.
  The text of the Senate amendment is as follows:
  Senate amendment:
       In the Senate of the United States, July 26, 2007.
         Resolved, That the bill from the House of Representatives 
     (H.R. 2638) entitled ``An Act making appropriations for the 
     Department of Homeland Security for the fiscal year ending 
     September 30, 2008, and for other purposes.'', do pass with 
     the following Amendment: Strike out all after the enacting 
     clause and insert:

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

                                TITLE I

                    DEPARTMENT OF HOMELAND SECURITY

                 DEPARTMENTAL MANAGEMENT AND OPERATIONS

            Office of the Secretary and Executive Management

       For necessary expenses of the Office of the Secretary of 
     Homeland Security, as authorized

[[Page H9232]]

     by section 102 of the Homeland Security Act of 2002 (6 U.S.C. 
     112), and executive management of the Department of Homeland 
     Security, as authorized by law, $100,000,000: Provided, That 
     not to exceed $40,000 shall be for official reception and 
     representation expenses: Provided further, That $15,000,000 
     shall not be available for obligation until the Secretary 
     certifies and reports to the Committees on Appropriations of 
     the Senate and the House of Representatives that the 
     Department has revised Departmental guidance with respect to 
     relations with the Government Accountability Office to 
     specifically provide for: (1) expedited timeframes for 
     providing the Government Accountability Office with access to 
     records not to exceed 20 days from the date of request; (2) 
     expedited timeframes for interviews of program officials by 
     the Government Accountability Office after reasonable notice 
     has been furnished to the Department by the Government 
     Accountability Office; and (3) a significant streamlining of 
     the review process for documents and interview requests by 
     liaisons, counsel, and program officials, consistent with the 
     objective that the Government Accountability Office be given 
     timely and complete access to documents and agency officials: 
     Provided further, That the Secretary shall make the revisions 
     to Departmental guidance with respect to relations with the 
     Government Accountability Office in consultation with the 
     Comptroller General of the United States.

              Office of the Under Secretary for Management

       For necessary expenses of the Office of the Under Secretary 
     for Management, as authorized by sections 701 through 705 of 
     the Homeland Security Act of 2002 (6 U.S.C. 341 through 345), 
     $234,883,000, of which not to exceed $3,000 shall be for 
     official reception and representation expenses: Provided, 
     That of the total amount, $6,000,000 shall remain available 
     until expended solely for the alteration and improvement of 
     facilities, tenant improvements, and relocation costs to 
     consolidate Department headquarters operations; and 
     $88,000,000 shall remain available until expended for the 
     Consolidated Headquarters Project.

                 Office of the Chief Financial Officer

       For necessary expenses of the Office of the Chief Financial 
     Officer, as authorized by section 103 of the Homeland 
     Security Act of 2002 (6 U.S.C. 113), $30,076,000.

                Office of the Chief Information Officer

       For necessary expenses of the Office of the Chief 
     Information Officer, as authorized by section 103 of the 
     Homeland Security Act of 2002 (6 U.S.C. 113), and Department-
     wide technology investments, $321,100,000; of which 
     $82,400,000 shall be available for salaries and expenses; and 
     of which $238,700,000, to remain available until expended, 
     shall be available for development and acquisition of 
     information technology equipment, software, services, and 
     related activities for the Department of Homeland Security, 
     of which $97,300,000 shall be for the National Center for 
     Critical Information Processing and Storage: Provided, That 
     none of the funds appropriated shall be used to support or 
     supplement the appropriations provided for the United States 
     Visitor and Immigrant Status Indicator Technology project or 
     the Automated Commercial Environment.

                        Analysis and Operations

       For necessary expenses for information analysis and 
     operations coordination activities, as authorized by title II 
     of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), 
     $306,000,000, to remain available until September 30, 2009, 
     of which not to exceed $5,000 shall be for official reception 
     and representation expenses: Provided, That the Director of 
     Operations Coordination shall encourage rotating State and 
     local fire service representation at the National Operations 
     Center.

      Office of the Federal Coordinator for Gulf Coast Rebuilding

       For necessary expenses of the Office of the Federal 
     Coordinator for Gulf Coast Rebuilding, $3,000,000: Provided, 
     That $1,000,000 shall not be available for obligation until 
     the Committees on Appropriations of the Senate and the House 
     of Representatives receive an expenditure plan for fiscal 
     year 2008.

                      Office of Inspector General


                           Operating Expenses

       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.), $95,211,000, of which not to exceed 
     $150,000 may be used for certain confidential operational 
     expenses, including the payment of informants, to be expended 
     at the direction of the Inspector General: Provided, That the 
     Inspector General shall investigate decisions made regarding, 
     and the policy of the Federal Emergency Management Agency 
     relating to, formaldehyde in trailers in the Gulf Coast 
     region, the process used by the Federal Emergency Management 
     Agency for collecting, reporting, and responding to health 
     and safety concerns of occupants of housing supplied by the 
     Federal Emergency Management Agency (including such housing 
     supplied through a third party), and whether the Federal 
     Emergency Management Agency adequately addressed public 
     health and safety issues of households to which the Federal 
     Emergency Management Agency provides disaster housing 
     (including whether the Federal Emergency Management Agency 
     adequately notified recipients of such housing, as 
     appropriate, of potential health and safety concerns and 
     whether the institutional culture of the Federal Emergency 
     Management Agency properly prioritizes health and safety 
     concerns of recipients of assistance from the Federal 
     Emergency Management Agency), and submit a report to Congress 
     relating to that investigation, including any 
     recommendations.

                                TITLE II

               SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                   U.S. Customs and Border Protection


                         Salaries and Expenses

       For necessary expenses for enforcement of laws relating to 
     border security, immigration, customs, and agricultural 
     inspections and regulatory activities related to plant and 
     animal imports; purchase and lease of up to 4,500 (2,400 for 
     replacement only) police-type vehicles; and contracting with 
     individuals for personal services abroad; $6,601,058,000; of 
     which $230,316,000 shall remain available until September 30, 
     2009, to support software development, equipment, contract 
     services, and the implementation of inbound lanes and 
     modification to vehicle primary processing lanes at ports of 
     entry; of which $15,000,000 shall be used to procure 
     commercially available technology in order to expand and 
     improve the risk-based approach of the Department of Homeland 
     Security to target and inspect cargo containers under the 
     Secure Freight Initiative and the Global Trade Exchange; of 
     which $3,093,000 shall be derived from the Harbor Maintenance 
     Trust Fund for administrative expenses related to the 
     collection of the Harbor Maintenance Fee pursuant to section 
     9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 
     9505(c)(3)) and notwithstanding section 1511(e)(1) of the 
     Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which 
     not to exceed $45,000 shall be for official reception and 
     representation expenses; of which not less than $226,740,000 
     shall be for Air and Marine Operations; of which such sums as 
     become available in the Customs User Fee Account, except sums 
     subject to section 13031(f)(3) of the Consolidated Omnibus 
     Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)), 
     shall be derived from that account; of which not to exceed 
     $150,000 shall be available for payment for rental space in 
     connection with preclearance operations; of which $40,000,000 
     shall be utilized to develop and implement a Model Ports of 
     Entry program and provide resources necessary for 200 
     additional U.S. Customs and Border Protection officers at the 
     20 United States international airports that have the highest 
     number of foreign visitors arriving annually as determined 
     pursuant to the most recent data collected by U.S. Customs 
     and Border Protection available on the date of enactment of 
     this Act, to provide a more efficient and welcoming 
     international arrival process in order to facilitate and 
     promote business and leisure travel to the United States 
     while also improving security; and of which not to exceed 
     $1,000,000 shall be for awards of compensation to informants, 
     to be accounted for solely under the certificate of the 
     Secretary of Homeland Security: Provided, That for fiscal 
     year 2008, the overtime limitation prescribed in section 
     5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 267(c)(1)) 
     shall be $35,000; and notwithstanding any other provision of 
     law, none of the funds appropriated by this Act may be 
     available to compensate any employee of U.S. Customs and 
     Border Protection for overtime, from whatever source, in an 
     amount that exceeds such limitation, except in individual 
     cases determined by the Secretary of Homeland Security, or 
     the designee of the Secretary, to be necessary for national 
     security purposes, to prevent excessive costs, or in cases of 
     immigration emergencies.


                        Automation Modernization

       For expenses for customs and border protection automated 
     systems, $476,609,000, to remain available until expended, of 
     which not less than $316,969,000 shall be for the development 
     of the Automated Commercial Environment: Provided, That of 
     the total amount made available under this heading, 
     $216,969,000 may not be obligated for the Automated 
     Commercial Environment until the Committees on Appropriations 
     of the Senate and the House of Representatives receive a plan 
     for expenditure prepared by the Secretary of Homeland 
     Security that includes:
       (1) a detailed accounting of the program's progress to date 
     relative to system capabilities or services, system 
     performance levels, mission benefits and outcomes, 
     milestones, cost targets, and program management 
     capabilities;
       (2) an explicit plan of action defining how all funds are 
     to be obligated to meet future program commitments, with the 
     planned expenditure of funds linked to the milestone-based 
     delivery of specific capabilities, services, performance 
     levels, mission benefits and outcomes, and program management 
     capabilities;
       (3) a listing of all open Government Accountability Office 
     and Office of Inspector General recommendations related to 
     the program and the status of Department of Homeland Security 
     actions to address the recommendations, including milestones 
     for fully addressing them;
       (4) a certification by the Chief Financial Officer of the 
     Department that the program has been reviewed and approved in 
     accordance with the investment management process of the 
     Department, and that the process fulfills all capital 
     planning and investment control requirements and reviews 
     established by the Office of Management and Budget, including 
     Circular A-11, part 7;
       (5) a certification by the Chief Information Officer of the 
     Department that an independent validation and verification 
     agent has and will continue to actively review the program;
       (6) a certification by the Chief Information Officer of the 
     Department that the system architecture of the program is 
     sufficiently aligned with the information systems enterprise 
     architecture of the Department to minimize future rework, 
     including a description of all aspects of the architectures 
     that were and were not assessed in making the alignment 
     determination, the date of the alignment determination, any 
     known areas of misalignment along with the associated risks 
     and corrective actions to address any such areas;

[[Page H9233]]

       (7) a certification by the Chief Procurement Officer of the 
     Department that the plans for the program comply with the 
     Federal acquisition rules, requirements, guidelines, and 
     practices, and a description of the actions being taken to 
     address areas of non-compliance, the risks associated with 
     them along with any plans for addressing these risks and the 
     status of their implementation;
       (8) a certification by the Chief Information Officer of the 
     Department that the program has a risk management process 
     that regularly identifies, evaluates, mitigates, and monitors 
     risks throughout the system life cycle, and communicates 
     high-risk conditions to agency and department heads, as well 
     as a listing of all the program's high risks and the status 
     of efforts to address them; and
       (9) a certification by the Chief Human Capital Officer of 
     the Department that the human capital needs of the program 
     are being strategically and proactively managed, and that 
     current human capital capabilities are sufficient to execute 
     the plans discussed in the report.


        Border Security Fencing, Infrastructure, and Technology

       For expenses for customs and border protection fencing, 
     infrastructure, and technology, $1,000,000,000, to remain 
     available until expended: Provided, That of the amount 
     provided under this heading, $500,000,000 shall not be 
     obligated until the Committees on Appropriations of the 
     Senate and the House of Representatives receive and approve a 
     plan for expenditure, prepared by the Secretary of Homeland 
     Security and submitted within 90 days after the date of 
     enactment of this Act, that includes:
       (1) a detailed accounting of the program's progress to date 
     relative to system capabilities or services, system 
     performance levels, mission benefits and outcomes, 
     milestones, cost targets, and program management 
     capabilities;
       (2) an explicit plan of action defining how all funds are 
     to be obligated to meet future program commitments, with the 
     planned expenditure of funds linked to the milestone-based 
     delivery of specific capabilities, services, performance 
     levels, mission benefits and outcomes, and program management 
     capabilities;
       (3) a listing of all open Government Accountability Office 
     and Office of Inspector General recommendations related to 
     the program and the status of Department of Homeland Security 
     actions to address the recommendations, including milestones 
     for fully addressing them;
       (4) a certification by the Chief Financial Officer of the 
     Department that the program has been reviewed and approved in 
     accordance with the investment management process of the 
     Department, and that the process fulfills all capital 
     planning and investment control requirements and reviews 
     established by the Office of Management and Budget, including 
     Circular A-11, part 7;
       (5) a certification by the Chief Information Officer of the 
     Department that an independent validation and verification 
     agent has and will continue to actively review the program;
       (6) a certification by the Chief Information Officer of the 
     Department that the system architecture of the program is 
     sufficiently aligned with the information systems enterprise 
     architecture of the Department to minimize future rework, 
     including a description of all aspects of the architectures 
     that were and were not assessed in making the alignment 
     determination, the date of the alignment determination, any 
     known areas of misalignment along with the associated risks 
     and corrective actions to address any such areas;
       (7) a certification by the Chief Procurement Officer of the 
     Department that the plans for the program comply with the 
     Federal acquisition rules, requirements, guidelines, and 
     practices, and a description of the actions being taken to 
     address areas of non-compliance, the risks associated with 
     them along with any plans for addressing these risks and the 
     status of their implementation;
       (8) a certification by the Chief Information Officer of the 
     Department that the program has a risk management process 
     that regularly identifies, evaluates, mitigates, and monitors 
     risks throughout the system life cycle, and communicates 
     high-risk conditions to agency and department heads, as well 
     as a listing of all the program's high risks and the status 
     of efforts to address them;
       (9) a certification by the Chief Human Capital Officer of 
     the Department that the human capital needs of the program 
     are being strategically and proactively managed, and that 
     current human capital capabilities are sufficient to execute 
     the plans discussed in the report;
       (10) a description of initial plans for securing the 
     Northern border and United States maritime border; and
       (11) which is reviewed by the Government Accountability 
     Office.


 Air and Marine Interdiction, Operations, Maintenance, and Procurement

       For necessary expenses for the operations, maintenance, and 
     procurement of marine vessels, aircraft, unmanned aircraft 
     systems, and other related equipment of the air and marine 
     program, including operational training and mission-related 
     travel, and rental payments for facilities occupied by the 
     air or marine interdiction and demand reduction programs, the 
     operations of which include the following: the interdiction 
     of narcotics and other goods; the provision of support to 
     Federal, State, and local agencies in the enforcement or 
     administration of laws enforced by the Department of Homeland 
     Security; and at the discretion of the Secretary of Homeland 
     Security, the provision of assistance to Federal, State, and 
     local agencies in other law enforcement and emergency 
     humanitarian efforts, $488,947,000, to remain available until 
     expended: Provided, That no aircraft or other related 
     equipment, with the exception of aircraft that are one of a 
     kind and have been identified as excess to United States 
     Customs and Border Protection requirements and aircraft that 
     have been damaged beyond repair, shall be transferred to any 
     other Federal agency, department, or office outside of the 
     Department of Homeland Security during fiscal year 2008 
     without the prior approval of the Committees on 
     Appropriations of the Senate and the House of 
     Representatives.


                              Construction

       For necessary expenses to plan, construct, renovate, equip, 
     and maintain buildings and facilities necessary for the 
     administration and enforcement of the laws relating to 
     customs and immigration, $274,863,000, to remain available 
     until expended; of which $40,200,000 shall be for the 
     Advanced Training Center.

                U.S. Immigration and Customs Enforcement


                         Salaries and Expenses

       For necessary expenses for enforcement of immigration and 
     customs laws, detention and removals, and investigations; and 
     purchase and lease of up to 3,790 (2,350 for replacement 
     only) police-type vehicles; $4,401,643,000, of which not to 
     exceed $7,500,000 shall be available until expended for 
     conducting special operations under section 3131 of the 
     Customs Enforcement Act of 1986 (19 U.S.C. 2081); of which 
     not to exceed $15,000 shall be for official reception and 
     representation expenses; of which not to exceed $1,000,000 
     shall be for awards of compensation to informants, to be 
     accounted for solely under the certificate of the Secretary 
     of Homeland Security; of which not less than $102,000 shall 
     be for promotion of public awareness of the child pornography 
     tipline; of which not less than $203,000 shall be for Project 
     Alert; of which not less than $5,400,000 shall be used to 
     facilitate agreements consistent with section 287(g) of the 
     Immigration and Nationality Act (8 U.S.C. 1357(g)); and of 
     which not to exceed $11,216,000 shall be available to fund or 
     reimburse other Federal agencies for the costs associated 
     with the care, maintenance, and repatriation of smuggled 
     illegal aliens: Provided, That none of the funds made 
     available under this heading shall be available to compensate 
     any employee for overtime in an annual amount in excess of 
     $35,000, except that the Secretary of Homeland Security, or 
     the designee of the Secretary, may waive that amount as 
     necessary for national security purposes and in cases of 
     immigration emergencies: Provided further, That of the total 
     amount provided, $15,770,000 shall be for activities to 
     enforce laws against forced child labor in fiscal year 2008, 
     of which not to exceed $6,000,000 shall remain available 
     until expended.


                       Federal Protective Service

       The revenues and collections of security fees credited to 
     this account shall be available until expended for necessary 
     expenses related to the protection of federally-owned and 
     leased buildings and for the operations of the Federal 
     Protective Service: Provided, That the Secretary of Homeland 
     Security and the Director of the Office of Management and 
     Budget shall certify in writing to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     no later than November 1, 2007, that the operations of the 
     Federal Protective Service will be fully funded in fiscal 
     year 2008 through revenues and collection of security fees: 
     Provided further, That a certification shall be provided no 
     later than February 10, 2008, for fiscal year 2009: Provided 
     further, That the Secretary of Homeland Security shall ensure 
     that the workforce of the Federal Protective Service includes 
     not fewer than 1,200 Commanders, Police Officers, Inspectors, 
     and Special Agents engaged on a daily basis in protecting 
     Federal buildings (under this heading referred to as ``in-
     service'') contingent on the availability of sufficient 
     revenue in collections of security fees in this account for 
     this purpose: Provided further, That the Secretary of 
     Homeland Security and the Director of the Office of 
     Management and Budget shall adjust fees as necessary to 
     ensure full funding of not fewer than 1,200 in-service 
     Commanders, Police Officers, Inspectors, and Special Agents 
     at the Federal Protective Service.


                        Automation Modernization

       For expenses of immigration and customs enforcement 
     automated systems, $15,000,000, to remain available until 
     expended: Provided, That of the funds made available under 
     this heading, $5,000,000 may not be obligated until the 
     Committees on Appropriations of the Senate and the House of 
     Representatives receive a plan for expenditure prepared by 
     the Secretary of Homeland Security.


                              Construction

       For necessary expenses to plan, construct, renovate, equip, 
     and maintain buildings and facilities necessary for the 
     administration and enforcement of the laws relating to 
     customs and immigration, $16,250,000, to remain available 
     until expended.

                 Transportation Security Administration


                           Aviation Security

       For necessary expenses of the Transportation Security 
     Administration related to providing civil aviation security 
     services pursuant to the Aviation and Transportation Security 
     Act (Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note), 
     $5,042,559,000, to remain available until September 30, 2009, 
     of which not to exceed $10,000 shall be for official 
     reception and representation expenses: Provided, That of the 
     total amount made available under this heading, not to exceed 
     $4,074,889,000 shall be for screening operations, of which 
     $529,400,000 shall be available only for procurement and 
     installation of checked baggage explosive detection systems; 
     and not to exceed $967,445,000 shall be for aviation security 
     direction and enforcement: Provided further, That security 
     service fees authorized under section 44940 of title 49, 
     United States Code, shall be credited to this appropriation 
     as

[[Page H9234]]

     offsetting collections and shall be available only for 
     aviation security: 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 2008, so as to result in a final 
     fiscal year appropriation from the General Fund estimated at 
     not more than $2,332,344,000: Provided further, That any 
     security service fees collected in excess of the amount made 
     available under this heading shall become available during 
     fiscal year 2009: Provided further, That Members of the 
     United States House of Representatives and United States 
     Senate, including the leadership; and the heads of Federal 
     agencies and commissions, including the Secretary, Under 
     Secretaries, and Assistant Secretaries of the Department of 
     Homeland Security; the United States Attorney General and 
     Assistant Attorneys General and the United States attorneys; 
     and senior members of the Executive Office of the President, 
     including the Director of the Office of Management and 
     Budget; shall not be exempt from Federal passenger and 
     baggage screening.


                    Surface Transportation Security

       For necessary expenses of the Transportation Security 
     Administration related to providing surface transportation 
     security activities, $41,413,000, to remain available until 
     September 30, 2009.


           Transportation Threat Assessment and Credentialing

       For necessary expenses for the development and 
     implementation of screening programs of the Office of 
     Transportation Threat Assessment and Credentialing, 
     $67,490,000, to remain available until September 30, 2009.


                    Transportation Security Support

       For necessary expenses of the Transportation Security 
     Administration related to providing transportation security 
     support and intelligence pursuant to the Aviation and 
     Transportation Security Act (Public Law 107-71; 115 Stat. 
     597; 49 U.S.C. 40101 note), $521,515,000, to remain available 
     until September 30, 2009: Provided, That of the funds 
     appropriated under this heading, $20,000,000 may not be 
     obligated until the Secretary of Homeland Security submits to 
     the Committees on Appropriations of the Senate and the House 
     of Representatives a strategic plan required for checkpoint 
     technologies as described in the joint explanatory statement 
     of managers accompanying the fiscal year 2007 conference 
     report (H. Rept. 109-699): Provided further, That this plan 
     shall be submitted no later than 60 days after the date of 
     enactment of this Act.


                          Federal Air Marshals

       For necessary expenses of the Federal Air Marshals, 
     $722,000,000.

                       United States Coast Guard


                           Operating Expenses

       For necessary expenses for the operation and maintenance of 
     the United States Coast Guard not otherwise provided for; 
     purchase or lease of not to exceed 25 passenger motor 
     vehicles, which shall be for replacement only; payments 
     pursuant to section 156 of Public Law 97-377 (42 U.S.C. 402 
     note; 96 Stat. 1920); and recreation and welfare; 
     $5,930,545,000, of which $340,000,000 shall be for defense-
     related activities; of which $24,500,000 shall be derived 
     from the Oil Spill Liability Trust Fund to carry out the 
     purposes of section 1012(a)(5) of the Oil Pollution Act of 
     1990 (33 U.S.C. 2712(a)(5)); and of which not to exceed 
     $10,000 shall be for official reception and representation 
     expenses: Provided, That none of the funds made available by 
     this or any other Act shall be available for administrative 
     expenses in connection with shipping commissioners in the 
     United States: Provided further, That none of the funds made 
     available by this Act shall be for expenses incurred for 
     yacht documentation under section 12109 of title 46, United 
     States Code, except to the extent fees are collected from 
     yacht owners and credited to this appropriation.


                Environmental Compliance and Restoration

       For necessary expenses to carry out the environmental 
     compliance and restoration functions of the United States 
     Coast Guard under chapter 19 of title 14, United States Code, 
     $12,079,000, to remain available until expended.


                            Reserve Training

       For necessary expenses of the Coast Guard Reserve, as 
     authorized by law; operations and maintenance of the reserve 
     program; personnel and training costs; and equipment and 
     services; $126,883,000.


              Acquisition, Construction, and Improvements

                    (including rescissions of funds)

       For necessary expenses of acquisition, construction, 
     renovation, and improvement of aids to navigation, shore 
     facilities, vessels, and aircraft, including equipment 
     related thereto; and maintenance, rehabilitation, lease and 
     operation of facilities and equipment, as authorized by law; 
     $1,048,068,000, of which $20,000,000 shall be derived from 
     the Oil Spill Liability Trust Fund to carry out the purposes 
     of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 
     U.S.C. 2712(a)(5)); of which $9,200,000 shall be available 
     until September 30, 2012, to acquire, repair, renovate, or 
     improve vessels, small boats, and related equipment; of which 
     $173,600,000 shall be available until September 30, 2010, for 
     other equipment; of which $37,897,000 shall be available 
     until September 30, 2010, for shore facilities and aids to 
     navigation facilities; of which $505,000 shall be available 
     for personnel related costs; and of which $770,079,000 shall 
     be available until September 30, 2012, for the Integrated 
     Deepwater Systems program: Provided, That no funds shall be 
     available for procurements related to the acquisition of 
     additional major assets as part of the Integrated Deepwater 
     Systems program not already under contract until an 
     Alternatives Analysis has been completed by an independent 
     qualified third party: Provided further, That no funds 
     contained in this Act shall be available for procurement of 
     the third National Security Cutter until an Alternatives 
     Analysis has been completed by an independent qualified third 
     party: Provided further, That the Commandant of the Coast 
     Guard is authorized to dispose of surplus real property, by 
     sale or lease, and the proceeds shall be credited to this 
     appropriation as offsetting collections and shall be 
     available until September 30, 2010: Provided further, That of 
     amounts made available under this heading in Public Law 109-
     90, $48,787,000 for the Offshore Patrol Cutter are rescinded: 
     Provided further, That of the amounts made available under 
     this heading in Public Law 109-295, $8,000,000 for the Fast 
     Response Cutter (FRC-A) are rescinded: Provided further, That 
     the Secretary shall submit an expenditure plan to the 
     Committees on Appropriations of the Senate and the House of 
     Representatives within 60 days after the date of enactment of 
     this Act for funds made available for the Integrated 
     Deepwater Program, that: (1) defines activities, milestones, 
     yearly costs, and life-cycle costs for each procurement of a 
     major asset; (2) identifies life-cycle staffing and training 
     needs of Coast Guard project managers and of procurement and 
     contract staff; (3) includes a certification by the Chief 
     Human Capital Officer of the Department that current human 
     capital capabilities are sufficient to execute the plans 
     discussed in the report; (4) identifies individual project 
     balances by fiscal year, including planned carryover into 
     fiscal year 2009 by project; (5) identifies operational gaps 
     for all Deepwater assets and an explanation of how funds 
     provided in this Act address the shortfalls between current 
     operational capabilities and requirements; (6) includes a 
     listing of all open Government Accountability Office and 
     Office of Inspector General recommendations related to the 
     program and the status of Coast Guard actions to address the 
     recommendations, including milestones for fully addressing 
     them; (7) includes a certification by the Chief Financial 
     Officer of the Department that the program has been reviewed 
     and approved in accordance with the investment management 
     process of the Department, and that the process fulfills all 
     capital planning and investment control requirements and 
     reviews established by the Office of Management and Budget, 
     including Circular A-11, part 7; (8) identifies competition 
     to be conducted in each procurement; (9) includes a 
     certification by the head of contracting activity for the 
     Coast Guard and the Chief Procurement Officer of the 
     Department that the plans for the program comply with the 
     Federal acquisition rules, requirements, guidelines, and 
     practices, and a description of the actions being taken to 
     address areas of non-compliance, the risks associated with 
     them along with plans for addressing these risks and the 
     status of their implementation; (10) identifies the use of 
     independent validation and verification; and (11) is reviewed 
     by the Government Accountability Office: Provided further, 
     That the Secretary of Homeland Security shall submit to the 
     Committees on Appropriations of the Senate and the House of 
     Representatives, in conjunction with the President's fiscal 
     year 2009 budget, a review of the Revised Deepwater 
     Implementation Plan that identifies any changes to the plan 
     for the fiscal year; an annual performance comparison of 
     Deepwater assets to pre-Deepwater legacy assets; a status 
     report of legacy assets; a detailed explanation of how the 
     costs of legacy assets are being accounted for within the 
     Deepwater program; and the earned value management system 
     gold card data for each Deepwater asset: Provided further, 
     That the Secretary shall submit to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     a comprehensive review of the Revised Deepwater 
     Implementation Plan every five years, beginning in fiscal 
     year 2011, that includes a complete projection of the 
     acquisition costs and schedule for the duration of the plan 
     through fiscal year 2027: Provided further, That the 
     Secretary shall annually submit to the Committees on 
     Appropriations of the Senate and the House of 
     Representatives, at the time that the President's budget is 
     submitted under section 1105(a) of title 31, United States 
     Code, a future-years capital investment plan for the Coast 
     Guard that identifies for each capital budget line item--
       (1) the proposed appropriation included in that budget;
       (2) the total estimated cost of completion;
       (3) projected funding levels for each fiscal year for the 
     next five fiscal years or until project completion, whichever 
     is earlier;
       (4) an estimated completion date at the projected funding 
     levels; and
       (5) changes, if any, in the total estimated cost of 
     completion or estimated completion date from previous future-
     years capital investment plans submitted to the Committees on 
     Appropriations of the Senate and the House of 
     Representatives:
     Provided further, That the Secretary shall ensure that 
     amounts specified in the future-years capital investment plan 
     are consistent to the maximum extent practicable with 
     proposed appropriations necessary to support the programs, 
     projects, and activities of the Coast Guard in the 
     President's budget as submitted under section 1105(a) of 
     title 31, United States Code, for that fiscal year: Provided 
     further, That any inconsistencies between the capital 
     investment plan and proposed appropriations shall be 
     identified and justified.


                         Alteration of Bridges

       For necessary expenses for alteration or removal of 
     obstructive bridges, as authorized by section 6 of the 
     Truman-Hobbs Act (33 U.S.C. 516), $16,000,000, to remain 
     available until expended.


              Research, Development, Test, and Evaluation

       For necessary expenses for applied scientific research, 
     development, test, and evaluation; and for maintenance, 
     rehabilitation, lease, and operation of facilities and 
     equipment; as authorized

[[Page H9235]]

     by law; $25,583,000, to remain available until expended, of 
     which $500,000 shall be derived from the Oil Spill Liability 
     Trust Fund to carry out the purposes of section 1012(a)(5) of 
     the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)): 
     Provided, That there may be credited to and used for the 
     purposes of this appropriation funds received from State and 
     local governments, other public authorities, private sources, 
     and foreign countries for expenses incurred for research, 
     development, testing, and evaluation.


                              Retired Pay

       For retired pay, including the payment of obligations 
     otherwise chargeable to lapsed appropriations for this 
     purpose, payments under the Retired Serviceman's Family 
     Protection and Survivor Benefits Plans, payment for career 
     status bonuses, concurrent receipts and combat-related 
     special compensation under the National Defense Authorization 
     Act, and payments for medical care of retired personnel and 
     their dependents under chapter 55 of title 10, United States 
     Code, $1,184,720,000, to remain available until expended.

                      United States Secret Service


                         salaries and expenses

       For necessary expenses of the United States Secret Service, 
     including purchase of not to exceed 645 vehicles for police-
     type use, which shall be for replacement only, and hire of 
     passenger motor vehicles; purchase of motorcycles made in the 
     United States; hire of aircraft; services of expert witnesses 
     at such rates as may be determined by the Director of the 
     Secret Service; rental of buildings in the District of 
     Columbia, and fencing, lighting, guard booths, and other 
     facilities on private or other property not in Government 
     ownership or control, as may be necessary to perform 
     protective functions; payment of per diem or subsistence 
     allowances to employees where a protective assignment during 
     the actual day or days of the visit of a protectee requires 
     an employee to work 16 hours per day or to remain overnight 
     at a post of duty; conduct of and participation in firearms 
     matches; presentation of awards; travel of Secret Service 
     employees on protective missions without regard to the 
     limitations on such expenditures in this or any other Act if 
     approval is obtained in advance from the Committees on 
     Appropriations of the Senate and the House of 
     Representatives; research and development; grants to conduct 
     behavioral research in support of protective research and 
     operations; and payment in advance for commercial 
     accommodations as may be necessary to perform protective 
     functions; $1,392,171,000, of which not to exceed $25,000 
     shall be for official reception and representation expenses; 
     of which not to exceed $100,000 shall be to provide technical 
     assistance and equipment to foreign law enforcement 
     organizations in counterfeit investigations; of which 
     $2,366,000 shall be for forensic and related support of 
     investigations of missing and exploited children; and of 
     which $6,000,000 shall be a grant for activities related to 
     the investigations of missing and exploited children and 
     shall remain available until expended: Provided, That up to 
     $18,000,000 provided for protective travel shall remain 
     available until September 30, 2009: Provided further, That 
     the United States Secret Service is authorized to obligate 
     funds in anticipation of reimbursements from Federal agencies 
     and entities, as defined in section 105 of title 5, United 
     States Code, receiving training sponsored by the James J. 
     Rowley Training Center, except that total obligations at the 
     end of the fiscal year shall not exceed total budgetary 
     resources available under this heading at the end of the 
     fiscal year.


     Acquisition, Construction, Improvements, and Related Expenses

       For necessary expenses for acquisition, construction, 
     repair, alteration, and improvement of facilities, 
     $3,725,000, to remain available until expended.

                               TITLE III

            PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

              National Protection and Programs Directorate


                     Management and Administration

       For salaries and expenses of the immediate Office of the 
     Under Secretary for National Protection and Programs, the 
     National Protection Planning Office, support services for 
     business operations and information technology, and facility 
     costs, $30,000,000: Provided, That of the amount provided, 
     $15,000,000 shall not be obligated until the Committees on 
     Appropriations of the Senate and the House of Representatives 
     receive and approve in full an expenditure plan by program, 
     project, and activity; prepared by the Secretary of Homeland 
     Security that has been reviewed by the Government 
     Accountability Office.


           Infrastructure Protection and Information Security

       For necessary expenses for infrastructure protection and 
     information security programs and activities, as authorized 
     by title II of the Homeland Security Act of 2002 (6 U.S.C. 
     121 et seq.) or subtitle J of title VIII of the Homeland 
     Security Act of 2002, as added by this Act, $527,099,000, of 
     which $497,099,000 shall remain available until September 30, 
     2009, and of which, $2,000,000 shall be to carry out subtitle 
     J of title VIII of the Homeland Security Act of 2002, as 
     added by this Act: Provided, That $10,043,000 shall be for 
     the Office of Bombing Prevention and not more than 
     $26,100,000 shall be for the Next Generation Network.


    United States Visitor and Immigrant Status Indicator Technology

       For necessary expenses for the development of the United 
     States Visitor and Immigrant Status Indicator Technology 
     project, as authorized by section 110 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1365a), $362,000,000, to remain available until 
     expended: Provided, That of the total amount made available 
     under this heading, $100,000,000 may not be obligated for the 
     United States Visitor and Immigrant Status Indicator 
     Technology project until the Committees on Appropriations of 
     the Senate and the House of Representatives receive and 
     approve a plan for expenditure prepared by the Secretary of 
     Homeland Security that includes:
       (1) a detailed accounting of the program's progress to date 
     relative to system capabilities or services, system 
     performance levels, mission benefits and outcomes, 
     milestones, cost targets, and program management 
     capabilities;
       (2) an explicit plan of action defining how all funds are 
     to be obligated to meet future program commitments, with the 
     planned expenditure of funds linked to the milestone-based 
     delivery of specific capabilities, services, performance 
     levels, mission benefits and outcomes, and program management 
     capabilities;
       (3) a listing of all open Government Accountability Office 
     and Office of Inspector General recommendations related to 
     the program and the status of Department of Homeland Security 
     actions to address the recommendations, including milestones 
     for fully addressing them;
       (4) a certification by the Chief Financial Officer of the 
     Department that the program has been reviewed and approved in 
     accordance with the investment management process of the 
     Department, and that the process fulfills all capital 
     planning and investment control requirements and reviews 
     established by the Office of Management and Budget, including 
     Circular A-11, part 7;
       (5) a certification by the Chief Information Officer of the 
     Department that an independent validation and verification 
     agent has and will continue to actively review the program;
       (6) a certification by the Chief Information Officer of the 
     Department that the system architecture of the program is 
     sufficiently aligned with the information systems enterprise 
     architecture of the Department to minimize future rework, 
     including a description of all aspects of the architectures 
     that were and were not assessed in making the alignment 
     determination, the date of the alignment determination, any 
     known areas of misalignment along with the associated risks 
     and corrective actions to address any such areas;
       (7) a certification by the Chief Procurement Officer of the 
     Department that the plans for the program comply with the 
     Federal acquisition rules, requirements, guidelines, and 
     practices, and a description of the actions being taken to 
     address areas of non-compliance, the risks associated with 
     them along with any plans for addressing these risks and the 
     status of their implementation;
       (8) a certification by the Chief Information Officer of the 
     Department that the program has a risk management process 
     that regularly identifies, evaluates, mitigates, and monitors 
     risks throughout the system life cycle, and communicates 
     high-risk conditions to agency and department heads, as well 
     as a listing of all the program's high risks and the status 
     of efforts to address them;
       (9) a certification by the Chief Human Capital Officer of 
     the Department that the human capital needs of the program 
     are being strategically and proactively managed, and that 
     current human capital capabilities are sufficient to execute 
     the plans discussed in the report; and
       (10) which is reviewed by the Government Accountability 
     Office.

                        Office of Health Affairs

       For the necessary expenses of the Office of Health Affairs, 
     $115,000,000; of which $20,817,000 is for salaries and 
     expenses; and of which $94,183,000 is for biosurveillance, 
     biowatch, chemical response, and related activities for the 
     Department of Homeland Security, to remain available until 
     September 30, 2009: Provided, That not to exceed $3,000 shall 
     be for official reception and representation expenses.

                  Federal Emergency Management Agency


                     Management and Administration

       For necessary expenses for management and administration, 
     $678,600,000, including activities authorized by the National 
     Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards 
     Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the Defense 
     Production Act of 1950 (50 U.S.C. App. 2061 et seq.), 
     sections 107 and 303 of the National Security Act of 1947 (50 
     U.S.C. 404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. 
     App.), the Homeland Security Act of 2002 (6 U.S.C. 101 et 
     seq.), and the Post-Katrina Emergency Management Reform Act 
     of 2006 (Public Law 109-295; 120 Stat. 1394): Provided, That 
     not to exceed $3,000 shall be for official reception and 
     representation expenses: Provided further, That $426,020,000 
     shall be for Operations Activities: Provided further, That 
     $216,580,000 shall be for Management Activities: Provided 
     further, That $6,000,000 shall be for the Office of the 
     National Capital Region Coordination: Provided further, That 
     for purposes of planning, coordination, execution, and 
     decisionmaking related to mass evacuation during a disaster, 
     the Governors of the State of West Virginia and the 
     Commonwealth of Pennsylvania, or their designees, shall be 
     incorporated into efforts to integrate the activities of 
     Federal, State, and local governments in the National Capital 
     Region, as defined in section 882 of Public Law 107-296, the 
     Homeland Security Act of 2002: Provided further, That of the 
     total amount made available under this heading, $30,000,000 
     shall be for Urban Search and Rescue Teams, of which not to 
     exceed $1,600,000 may be made available for administrative 
     costs: Provided further, That of the total amount made 
     available under this heading, $1,000,000 shall be to develop 
     a web-

[[Page H9236]]

     based version of the National Fire Incident Reporting System 
     that will ensure that fire-related data can be submitted and 
     accessed by fire departments in real time: Provided further, 
     That not later than 30 days after the date of enactment of 
     this Act, the Administrator of the Federal Emergency 
     Management Agency shall, as appropriate, update training 
     practices for all customer service employees, employees in 
     the Office of General Counsel, and other appropriate 
     employees of the Federal Emergency Management Agency relating 
     to addressing health concerns of recipients of assistance 
     from the Federal Emergency Management Agency.


                        State and Local Programs

       For grants, contracts, cooperative agreements, and other 
     activities, including grants to State and local governments 
     for terrorism prevention activities, notwithstanding any 
     other provision of law, $3,130,500,000, which shall be 
     allocated as follows:
       (1) $525,000,000 for formula-based grants and $375,000,000 
     for law enforcement terrorism prevention grants, to be 
     allocated in accordance with section 1014 of the USA PATRIOT 
     ACT (42 U.S.C. 3714): Provided, That not to exceed 3 percent 
     of these amounts shall be available for program 
     administration: Provided further, That the application for 
     grants shall be made available to States within 45 days after 
     the date of enactment of this Act; that States shall submit 
     applications within 90 days after the grant announcement; and 
     the Federal Emergency Management Agency shall act within 90 
     days after receipt of an application: Provided further, That, 
     in the event established timeframes detailed in the preceding 
     proviso for departmental actions are missed, funding for the 
     Immediate Office of the Deputy Secretary shall be reduced by 
     $1,000 per day until such actions are executed: Provided 
     further, That not less than 80 percent of any grant under 
     this paragraph to a State shall be made available by the 
     State to local governments within 60 days after the receipt 
     of the funds; except in the case of Puerto Rico, where not 
     less than 50 percent of any grant under this paragraph shall 
     be made available to local governments within 60 days after 
     the receipt of the funds.
       (2) $1,836,000,000 for discretionary grants, as determined 
     by the Secretary of Homeland Security, of which--
       (A) $820,000,000 shall be for use in high-threat, high-
     density urban areas, of which $20,000,000 shall be available 
     for assistance to organizations (as described under section 
     501(c)(3) of the Internal Revenue Code of 1986 and exempt 
     from tax section 501(a) of such code) determined by the 
     Secretary to be at high-risk of a terrorist attack;
       (B) $50,000,000 shall be for the Regional Catastrophic 
     Preparedness Grants;
       (C) $400,000,000 shall be for infrastructure protection 
     grants related to port security pursuant to 46 U.S.C. 70107;
       (D) $16,000,000 shall be for infrastructure protection 
     grants related to trucking industry security;
       (E) $12,000,000 shall be for infrastructure protection 
     grants related to intercity bus security;
       (F) $400,000,000 shall be for infrastructure protection 
     grants related to intercity rail passenger transportation (as 
     defined in section 24102 of title 49, United States Code), 
     freight rail, and transit security;
       (G) $50,000,000 shall be for infrastructure protection 
     grants related to buffer zone protection;
       (H) $40,000,000 shall be available for the Commercial 
     Equipment Direct Assistance Program;
       (I) $33,000,000 shall be for the Metropolitan Medical 
     Response System; and
       (J) $15,000,000 shall be for Citizens Corps:
     Provided, That not to exceed 3 percent of subparagraphs (A)-
     (J) shall be available for program administration: Provided 
     further, That for grants under subparagraphs (A), (B), and 
     (J), the application for grants shall be made available to 
     States within 45 days after the date of enactment of this 
     Act; that States shall submit applications within 90 days 
     after the grant announcement; and that the Federal Emergency 
     Management Agency shall act within 90 days after receipt of 
     an application: Provided further, That, in the event 
     established timeframes detailed in the preceding proviso for 
     departmental actions are missed, funding for the Immediate 
     Office of the Deputy Secretary shall be reduced by $1,000 per 
     day until such actions are executed: Provided further,  That 
     no less than 80 percent of any grant under this paragraph to 
     a State shall be made available by the State to local 
     governments within 60 days after the receipt of the funds: 
     Provided further, That for grants under subparagraphs (C) 
     through (G), the applications for such grants shall be made 
     available to eligible applicants not later than 75 days after 
     the date of enactment of this Act, eligible applicants shall 
     submit applications not later than 45 days after the date of 
     the grant announcement, and the Federal Emergency Management 
     Agency shall act on such applications not later than 60 days 
     after the date on which such an application is received: 
     Provided further, That, in the event established timeframes 
     detailed in the preceding proviso for departmental actions 
     are missed, funding for the Immediate Office of the Deputy 
     Secretary shall be reduced by $1,000 per day until such 
     actions are executed.
       (3) $294,500,000 for training, exercises, technical 
     assistance, and other programs.
       (4) $100,000,000 for grants under the Interoperable 
     Emergency Communications Grants Program established under 
     title XVIII of the Homeland Security Act of 2002: Provided, 
     That the amounts appropriated to the Department of Homeland 
     Security for discretionary spending in this Act shall be 
     reduced on a pro rata basis by the percentage necessary to 
     reduce the overall amount of such spending by $100,000,000:
     Provided further, That none of the grants provided under this 
     heading shall be used for the construction or renovation of 
     facilities, except for a minor perimeter security project, 
     not to exceed $1,000,000, as determined necessary by the 
     Secretary of Homeland Security: Provided further, That the 
     preceding proviso shall not apply to grants under 
     subparagraphs (B), (C), (F), and (G) of paragraph (2) of this 
     heading: Provided further, That funds appropriated for law 
     enforcement terrorism prevention grants under paragraph (1) 
     of this heading and discretionary grants under paragraph 
     (2)(A) of this heading shall be available for operational 
     costs, to include personnel overtime and overtime associated 
     with the Federal Emergency Management Agency certified 
     training, as needed: Provided further, That the Government 
     Accountability Office shall report on the validity, 
     relevance, reliability, timeliness, and availability of the 
     risk factors (including threat, vulnerability, and 
     consequence) used by the Secretary of Homeland Security and 
     an analysis of the Department's policy of ranking States, 
     cities, and other grantees by tiered groups, for the purpose 
     of allocating grants funded under this heading, and the 
     application of those factors in the allocation of funds to 
     the Committees on Appropriations of the Senate and the House 
     of Representatives on its findings not later than 45 days 
     after the date of enactment of this Act: Provided further, 
     That within seven days after the date of enactment of this 
     Act, the Secretary of Homeland Security shall provide the 
     Government Accountability Office with the risk methodology 
     and other factors that will be used to allocate grants funded 
     under this heading: Provided further, That not later than 15 
     days after the date of enactment of this Act, the 
     Administrator of the Federal Emergency Management Agency 
     shall submit to the Committee on Appropriations and the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate a report detailing the actions taken as of that 
     date, and any actions the Administrator will take, regarding 
     the response of the Federal Emergency Management Agency to 
     concerns over formaldehyde exposure, which shall include a 
     description of any disciplinary or other personnel actions 
     taken, a detailed policy for responding to any reports of 
     potential health hazards posed by any materials provided by 
     the Federal Emergency Management Agency (including housing, 
     food, water, or other materials), and a description of any 
     additional resources needed to implement such policy: 
     Provided further, That the Administrator of the Federal 
     Emergency Management Agency, in conjunction with the head of 
     the Office of Health Affairs of the Department of Homeland 
     Security, the Director of the Centers for Disease Control and 
     Prevention, and the Administrator of the Environmental 
     Protection Agency, shall design a program to scientifically 
     test a representative sample of travel trailers and mobile 
     homes provided by the Federal Emergency Management Agency, 
     and surplus travel trailers and mobile homes to be sold or 
     transferred by the Federal government on or after the date of 
     enactment of this Act, for formaldehyde and, not later than 
     15 days after the date of enactment of this Act, submit to 
     the Committee on Appropriations and the Committee on Homeland 
     Security and Governmental Affairs of the Senate a report 
     regarding the program designed, including a description of 
     the design of the testing program and the quantity of and 
     conditions under which trailers and mobile homes shall be 
     tested and the justification for such design of the testing: 
     Provided further, That in order to protect the health and 
     safety of disaster victims, the testing program designed 
     under the previous proviso shall provide for initial short-
     term testing, and longer-term testing, as required: Provided 
     further, That not later than 45 days after the date of 
     enactment of this Act, the Administrator of the Federal 
     Emergency Management Agency, in conjunction with the head of 
     the Office of Health Affairs of the Department of Homeland 
     Security, the Director of the Centers for Disease Control and 
     Prevention, and the Administrator of the Environmental 
     Protection Agency, shall, at a minimum, complete the initial 
     short-term testing described in the previous proviso: 
     Provided further, That, to the extent feasible, the 
     Administrator of the Federal Emergency Management Agency 
     shall use a qualified contractor residing or doing business 
     primarily in the Gulf Coast Area to carry out the testing 
     program designed under this heading: Provided further, That, 
     not later than 30 days after the date that the Administrator 
     of the Federal Emergency Management Agency completes the 
     short-term testing under this heading, the Administrator of 
     the Federal Emergency Management Agency, in conjunction with 
     the head of the Office of Health Affairs of the Department of 
     Homeland Security, the Director of the Centers for Disease 
     Control and Prevention, and the Administrator of the 
     Environmental Protection Agency, shall submit to the 
     Committee on Appropriations and the Committee on Homeland 
     Security and Governmental Affairs of the Senate a report 
     describing the results of the testing, analyzing such 
     results, providing an assessment of whether there are any 
     health risks associated with the results and the nature of 
     any such health risks, and detailing the plans of the 
     Administrator of the Federal Emergency Management Agency to 
     act on the results of the testing, including any need to 
     relocate individuals living in the trailers or mobile homes 
     provided by the Federal Emergency Management Agency or 
     otherwise assist individuals affected by the results, plans 
     for the sale or transfer of any trailers or mobile homes 
     (which shall be made in coordination with the Administrator 
     of General Services), and plans to conduct further testing: 
     Provided further, That after completing longer-term testing 
     under this heading, the Administrator of the Federal 
     Emergency Management Agency, in conjunction with the head of 
     the Office of Health Affairs of the Department of Homeland 
     Security, the Director

[[Page H9237]]

     of the Centers for Disease Control and Prevention, and the 
     Administrator of the Environmental Protection Agency, shall 
     submit to the Committee on Appropriations and the Committee 
     on Homeland Security and Governmental Affairs of the Senate a 
     report describing the results of the testing, analyzing such 
     results, providing an assessment of whether any health risks 
     are associated with the results and the nature of any such 
     health risks, incorporating any additional relevant 
     information from the shorter-term testing completed under 
     this heading, and detailing the plans and recommendations of 
     the Administrator of the Federal Emergency Management Agency 
     to act on the results of the testing.


                     Firefighter Assistance Grants

       For necessary expenses for programs authorized by the 
     Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 
     2201 et seq.), $700,000,000: Provided, That not to exceed 
     five percent of this amount shall be available for program 
     administration: Provided further, That funds shall be 
     allocated as follows: (1) $560,000,000 shall be available to 
     carry out section 33 of that Act (15 U.S.C. 2229), to remain 
     available until September 30, 2009; and (2) $140,000,000 
     shall be available to carry out section 34 of that Act (15 
     U.S.C. 2229a).


                Emergency Management Performance Grants

       For necessary expenses for emergency management performance 
     grants, as authorized by the National Flood Insurance Act of 
     1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
     et seq.), the Earthquake Hazards Reduction Act of 1977 (42 
     U.S.C. 7701 et seq.), and Reorganization Plan No. 3 of 1978 
     (5 U.S.C. App.), $300,000,000: Provided, That total 
     administrative costs shall not exceed three percent of the 
     total appropriation.


              Radiological Emergency Preparedness Program

       The aggregate charges assessed during fiscal year 2008, as 
     authorized in title III of the Departments of Veterans 
     Affairs and Housing and Urban Development, and Independent 
     Agencies Appropriations Act, 1999 (42 U.S.C. 5196e), shall 
     not be less than 100 percent of the amounts anticipated by 
     the Department of Homeland Security necessary for its 
     radiological emergency preparedness program for the next 
     fiscal year: Provided, That the methodology for assessment 
     and collection of fees shall be fair and equitable and shall 
     reflect costs of providing such services, including 
     administrative costs of collecting such fees: Provided 
     further, That fees received under this heading shall be 
     deposited in this account as offsetting collections and will 
     become available for authorized purposes on October 1, 2008, 
     and remain available until expended.


                   United States Fire Administration

       For necessary expenses of the United States Fire 
     Administration, as authorized by the Federal Fire Prevention 
     and Control Act of 1974 (15 U.S.C. 2201 et seq.) and the 
     Homeland Security Act of 2002 (6 U.S.C. 101 et seq.), 
     $43,300,000.


                            Disaster Relief

                     (including transfer of funds)

       For necessary expenses in carrying out the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.), $1,700,000,000, to remain available 
     until expended: Provided, That of the total amount provided, 
     $13,500,000 shall be transferred to the Department of 
     Homeland Security Office of Inspector General for audits and 
     investigations related to disasters, subject to section 503 
     of this Act: Provided further, That up to $48,000,000 and 250 
     positions may be transferred to ``Management and 
     Administration'', Federal Emergency Management Agency, for 
     management and administration functions, subject to section 
     503 of this Act.


            Disaster Assistance Direct Loan Program Account

       For activities under section 319 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5162), $875,000, of which $580,000 is for administrative 
     expenses to carry out the direct loan program and $295,000 is 
     for the cost of direct loans: Provided, That gross 
     obligations for the principal amount of direct loans shall 
     not exceed $25,000,000: Provided further, That the cost of 
     modifying such loans shall be as defined in section 502 of 
     the Congressional Budget Act of 1974 (2 U.S.C. 661a).


                      Flood Map Modernization Fund

       For necessary expenses under section 1360 of the National 
     Flood Insurance Act of 1968 (42 U.S.C. 4101), $200,000,000, 
     and such additional sums as may be provided by State and 
     local governments or other political subdivisions for cost-
     shared mapping activities under section 1360(f)(2) of such 
     Act, to remain available until expended: Provided, That total 
     administrative costs shall not exceed three percent of the 
     total appropriation.


                     National Flood Insurance Fund

                     (including transfer of funds)

       For activities under the National Flood Insurance Act of 
     1968 (42 U.S.C. 4001 et seq.), and the Flood Disaster 
     Protection Act of 1973 (42 U.S.C. 4001 et seq.), 
     $145,000,000, which is available as follows: (1) not to 
     exceed $45,642,000 for salaries and expenses associated with 
     flood mitigation and flood insurance operations; and (2) not 
     to exceed $99,358,000 for flood hazard mitigation, which 
     shall be derived from offsetting collections assessed and 
     collected under section 1307 of the National Flood Insurance 
     Act of 1968 (42 U.S.C. 4001 et seq.), to remain available 
     until September 30, 2009, including up to $34,000,000 for 
     flood mitigation expenses under section 1366 of that Act, 
     which amount shall be available for transfer to the National 
     Flood Mitigation Fund until September 30, 2009: Provided, 
     That in fiscal year 2008, no funds shall be available from 
     the National Flood Insurance Fund in excess of: (1) 
     $70,000,000 for operating expenses; (2) $773,772,000 for 
     commissions and taxes of agents; (3) such sums as are 
     necessary for interest on Treasury borrowings; and (4) 
     $90,000,000 for flood mitigation actions with respect to 
     severe repetitive loss properties under section 1361A of that 
     Act (42 U.S.C. 4102a) and repetitive insurance claims 
     properties under section 1323 of that Act (42 U.S.C. 4030), 
     which shall remain available until expended: Provided 
     further, That total administrative costs shall not exceed 
     four percent of the total appropriation.


                     National Flood Mitigation Fund

                     (including transfer of funds)

       Notwithstanding subparagraphs (B) and (C) of subsection 
     (b)(3), and subsection (f), of section 1366 of the National 
     Flood Insurance Act of 1968, $34,000,000 (42 U.S.C. 4104c), 
     to remain available until September 30, 2009, for activities 
     designed to reduce the risk of flood damage to structures 
     pursuant to such Act, of which $34,000,000 shall be derived 
     from the National Flood Insurance Fund.


                 National Pre-Disaster Mitigation Fund

       For a pre-disaster mitigation grant program under title II 
     of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5131 et seq.), $120,000,000, to 
     remain available until expended: Provided, That grants made 
     for pre-disaster mitigation shall be awarded on a competitive 
     basis subject to the criteria in section 203(g) of such Act 
     (42 U.S.C. 5133(g)): Provided further, That total 
     administrative costs shall not exceed three percent of the 
     total appropriation.


                       Emergency Food and Shelter

       To carry out an emergency food and shelter program pursuant 
     to title III of the McKinney-Vento Homeless Assistance Act 
     (42 U.S.C. 11331 et seq.), $153,000,000, to remain available 
     until expended: Provided, That total administrative costs 
     shall not exceed 3.5 percent of the total appropriation.

                                TITLE IV

            RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES

           United States Citizenship and Immigration Services

       For necessary expenses for citizenship and immigration 
     services, $50,523,000: Provided, That of the total, 
     $20,000,000 provided to address backlogs of security checks 
     associated with pending applications and petitions shall not 
     be available for obligation until the Secretary of Homeland 
     Security and the United States Attorney General submit to the 
     Committees on Appropriations of the Senate and the House of 
     Representatives a plan to eliminate the backlog of security 
     checks that establishes information sharing protocols to 
     ensure United States Citizenship and Immigration Services has 
     the information it needs to carry out its mission.

                Federal Law Enforcement Training Center


                         Salaries and Expenses

       For necessary expenses of the Federal Law Enforcement 
     Training Center, including materials and support costs of 
     Federal law enforcement basic training; purchase of not to 
     exceed 117 vehicles for police-type use and hire of passenger 
     motor vehicles; expenses for student athletic and related 
     activities; the conduct of and participation in firearms 
     matches and presentation of awards; public awareness and 
     enhancement of community support of law enforcement training; 
     room and board for student interns; a flat monthly 
     reimbursement to employees authorized to use personal mobile 
     phones for official duties; and services as authorized by 
     section 3109 of title 5, United States Code; $221,076,000, of 
     which up to $43,910,000 for materials and support costs of 
     Federal law enforcement basic training shall remain available 
     until September 30, 2009; of which $300,000 shall remain 
     available until expended for Federal law enforcement agencies 
     participating in training accreditation, to be distributed as 
     determined by the Federal Law Enforcement Training Center for 
     the needs of participating agencies; and of which not to 
     exceed $12,000 shall be for official reception and 
     representation expenses: Provided, That the Center is 
     authorized to obligate funds in anticipation of 
     reimbursements from agencies receiving training sponsored by 
     the Center, except that total obligations at the end of the 
     fiscal year shall not exceed total budgetary resources 
     available at the end of the fiscal year: Provided further, 
     That section 1202(a) of Public Law 107-206 (42 U.S.C. 3771 
     note) as amended by Public Law 109-295 (120 Stat. 1374) is 
     further amended by striking ``December 31, 2007'' and 
     inserting ``December 31, 2011''.


     Acquisitions, Construction, Improvements, and Related Expenses

       For acquisition of necessary additional real property and 
     facilities, construction, and ongoing maintenance, facility 
     improvements, and related expenses of the Federal Law 
     Enforcement Training Center, $44,470,000, to remain available 
     until expended: Provided, That the Center is authorized to 
     accept reimbursement to this appropriation from government 
     agencies requesting the construction of special use 
     facilities.

                         Science and Technology


                     management and administration

       For salaries and expenses of the Office of the Under 
     Secretary for Science and Technology and for management and 
     administration of programs and activities, as authorized by 
     title III of the Homeland Security Act of 2002 (6 U.S.C. 181 
     et seq.), $140,632,000: Provided, That not to exceed $3,000 
     shall be for official reception and representation expenses.


           Research, Development, Acquisition, and Operations

       For necessary expenses for science and technology research, 
     including advanced research

[[Page H9238]]

     projects; development; test and evaluation; acquisition; and 
     operations; as authorized by title III of the Homeland 
     Security Act of 2002 (6 U.S.C. 181 et seq.); $697,364,000, to 
     remain available until expended; and of which $103,814,000 
     shall be for necessary expenses of the field laboratories and 
     assets of the Science and Technology Directorate.

                   Domestic Nuclear Detection Office


                     Management and Administration

       For salaries and expenses of the Domestic Nuclear Detection 
     Office and for management and administration of programs and 
     activities, $32,000,000: Provided, That not to exceed $3,000 
     shall be for official reception and representation expenses.


           Research, Development, Acquisition, and Operations

       For necessary expenses for radiological and nuclear 
     research, development, testing, evaluation and operations, 
     $336,000,000, to remain available until expended, of which 
     $10,000,000 shall be available to support the implementation 
     of the Securing the Cities initiative at the level requested 
     in the President's budget.

                          systems acquisition

       For expenses for the Domestic Nuclear Detection Office 
     acquisition and deployment of radiological detection systems 
     in accordance with the global nuclear detection architecture, 
     $182,000,000, to remain available until September 30, 2010, 
     of which $30,000,000 shall be available to support the 
     implementation of the Securing the Cities initiative at the 
     level requested in the President's budget: Provided, That 
     none of the funds appropriated under this heading shall be 
     obligated for full-scale procurement of Advanced 
     Spectroscopic Portal Monitors until the Secretary of Homeland 
     Security has certified through a report to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     that a significant increase in operational effectiveness will 
     be achieved.

                                TITLE V

                           GENERAL PROVISIONS

       Sec. 501. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 502. None of the funds available in this Act shall be 
     available to carry out section 872 of Public Law 107-296.
       Sec. 503. (a) None of the funds provided by this Act, 
     provided by previous appropriations Acts to the agencies in 
     or transferred to the Department of Homeland Security that 
     remain available for obligation or expenditure in fiscal year 
     2008, or provided from any accounts in the Treasury of the 
     United States derived by the collection of fees available to 
     the agencies funded by this Act, shall be available for 
     obligation or expenditure through a reprogramming of funds 
     that: (1) creates a new program; (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 the Congress; (4) proposes to use funds 
     directed for a specific activity by either of the Committees 
     on Appropriations of the Senate or the House of 
     Representatives for a different purpose; or (5) contracts out 
     any function or activity for which funding levels were 
     requested for Federal full-time equivalents in the object 
     classification tables contained in the fiscal year 2008 
     Budget Appendix for the Department of Homeland Security, as 
     modified by the joint explanatory statement accompanying this 
     Act; unless the Committees on Appropriations of the Senate 
     and the House of Representatives are notified 15 days in 
     advance of such reprogramming of funds.
       (b) None of the funds provided by this Act, provided by 
     previous appropriations Acts to the agencies in or 
     transferred to the Department of Homeland Security that 
     remain available for obligation or expenditure in fiscal year 
     2008, 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 programs, projects, or 
     activities through a reprogramming of funds in excess of 
     $5,000,000 or 10 percent, whichever is less, that: (1) 
     augments existing programs, projects, or activities; (2) 
     reduces by 10 percent funding for any existing program, 
     project, or activity, or numbers of personnel by 10 percent 
     as approved by the Congress; or (3) results from any general 
     savings from a reduction in personnel that would result in a 
     change in existing programs, projects, or activities as 
     approved by the Congress; unless the Committees on 
     Appropriations of the Senate and the House of Representatives 
     are notified 15 days in advance of such reprogramming of 
     funds.
       (c) Not to exceed 5 percent of any appropriation made 
     available for the current fiscal year for the Department of 
     Homeland Security by this Act or provided by previous 
     appropriations Acts may be transferred between such 
     appropriations, but no such appropriations, except as 
     otherwise specifically provided, shall be increased by more 
     than 10 percent by such transfers: Provided, That any 
     transfer under this section shall be treated as a 
     reprogramming of funds under subsection (b) of this section 
     and shall not be available for obligation unless the 
     Committees on Appropriations of the Senate and the House of 
     Representatives are notified 15 days in advance of such 
     transfer.
       (d) Notwithstanding subsections (a), (b), and (c) of this 
     section, no funds shall be reprogrammed within or transferred 
     between appropriations after June 30, except in extraordinary 
     circumstances which imminently threaten the safety of human 
     life or the protection of property.
       Sec. 504. None of the funds appropriated or otherwise made 
     available to the Department of Homeland Security may be used 
     to make payments to the ``Department of Homeland Security 
     Working Capital Fund'', except for the activities and amounts 
     allowed in the President's fiscal year 2008 budget, excluding 
     sedan service, shuttle service, transit subsidy, mail 
     operations, parking, and competitive sourcing: Provided, That 
     any additional activities and amounts shall be approved by 
     the Committees on Appropriations of the Senate and the House 
     of Representatives 30 days in advance of obligation.
       Sec. 505. Except as otherwise specifically provided by law, 
     not to exceed 50 percent of unobligated balances remaining 
     available at the end of fiscal year 2008 from appropriations 
     for salaries and expenses for fiscal year 2008 in this Act 
     shall remain available through September 30, 2009, in the 
     account and for the purposes for which the appropriations 
     were provided: Provided, That prior to the obligation of such 
     funds, a request shall be submitted to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     for approval in accordance with section 503 of this Act.
       Sec. 506. Funds made available by this Act for intelligence 
     activities are deemed to be specifically authorized by the 
     Congress for purposes of section 504 of the National Security 
     Act of 1947 (50 U.S.C. 414) during fiscal year 2008 until the 
     enactment of an Act authorizing intelligence activities for 
     fiscal year 2008.
       Sec. 507. The Federal Law Enforcement Training 
     Accreditation Board shall lead the Federal law enforcement 
     training accreditation process, to include representatives 
     from the Federal law enforcement community and non-Federal 
     accreditation experts involved in law enforcement training, 
     to continue the implementation of measuring and assessing the 
     quality and effectiveness of Federal law enforcement training 
     programs, facilities, and instructors.
       Sec. 508. None of the funds in this Act may be used to make 
     a grant allocation, discretionary grant award, discretionary 
     contract award, or to issue a letter of intent totaling in 
     excess of $1,000,000, or to announce publicly the intention 
     to make such an award, unless the Secretary of Homeland 
     Security notifies the Committees on Appropriations of the 
     Senate and the House of Representatives at least three full 
     business days in advance: Provided, That no notification 
     shall involve funds that are not available for obligation: 
     Provided further, That the notification shall include the 
     amount of the award, the fiscal year in which the funds for 
     the award were appropriated, and the account for which the 
     funds are being drawn from: Provided further, That the 
     Federal Emergency Management Agency shall brief the 
     Committees on Appropriations of the Senate and the House of 
     Representatives five full business days in advance of 
     announcing publicly the intention of making an award of 
     formula-based grants; law enforcement terrorism prevention 
     grants; high-threat, high-density urban areas grants; or 
     regional catastrophic preparedness grants.
       Sec. 509. Notwithstanding any other provision of law, no 
     agency shall purchase, construct, or lease any additional 
     facilities, except within or contiguous to existing 
     locations, to be used for the purpose of conducting Federal 
     law enforcement training without the advance approval of the 
     Committees on Appropriations of the Senate and the House of 
     Representatives, except that the Federal Law Enforcement 
     Training Center is authorized to obtain the temporary use of 
     additional facilities by lease, contract, or other agreement 
     for training which cannot be accommodated in existing Center 
     facilities.
       Sec. 510. The Director of the Federal Law Enforcement 
     Training Center shall schedule basic and/or advanced law 
     enforcement training at all four training facilities under 
     the control of the Federal Law Enforcement Training Center to 
     ensure that these training centers are operated at the 
     highest capacity throughout the fiscal year.
       Sec. 511. None of the funds appropriated or otherwise made 
     available by this Act may be used for expenses of any 
     construction, repair, alteration, or acquisition project for 
     which a prospectus, if required by the Public Buildings Act 
     of 1959 (40 U.S.C. 3301), has not been approved, except that 
     necessary funds may be expended for each project for required 
     expenses for the development of a proposed prospectus.
       Sec. 512. None of the funds in this Act may be used in 
     contravention of the applicable provisions of the Buy 
     American Act (41 U.S.C. 10a et seq.).
       Sec. 513. (a) None of the funds provided by this or 
     previous appropriations Acts may be obligated for deployment 
     or implementation, on other than a test basis, of the Secure 
     Flight program or any other follow on or successor passenger 
     prescreening program, until the Secretary of Homeland 
     Security certifies, and the Government Accountability Office 
     reports, to the Committees on Appropriations of the Senate 
     and the House of Representatives, that all ten of the 
     conditions contained in paragraphs (1) through (10) of 
     section 522(a) of Public Law 108-334 (118 Stat. 1319) have 
     been successfully met.
       (b) The report required by subsection (a) shall be 
     submitted within 90 days after the Secretary provides the 
     requisite certification, and periodically thereafter, if 
     necessary, until the Government Accountability Office 
     confirms that all ten conditions have been successfully met.
       (c) Within 90 days of enactment of this Act, the Secretary 
     shall submit to the Committees on Appropriations of the 
     Senate and the House of Representatives a detailed plan that 
     describes: (1) the dates for achieving key milestones, 
     including the date or timeframes that the Secretary will 
     certify the program under subsection (a); and (2) the 
     methodology to be followed to support the Secretary's 
     certification, as required under subsection (a).
       (d) During the testing phase permitted by subsection (a), 
     no information gathered from passengers, foreign or domestic 
     air carriers, or reservation systems may be used to screen 
     aviation

[[Page H9239]]

     passengers, or delay or deny boarding to such passengers, 
     except in instances where passenger names are matched to a 
     Government watch list.
       (e) None of the funds provided in this or previous 
     appropriations Acts may be utilized to develop or test 
     algorithms assigning risk to passengers whose names are not 
     on Government watch lists.
       (f) None of the funds provided in this or previous 
     appropriations Acts may be utilized for data or a database 
     that is obtained from or remains under the control of a non-
     Federal entity: Provided, That this restriction shall not 
     apply to Passenger Name Record data obtained from air 
     carriers.
       Sec. 514. None of the funds made available in this Act may 
     be used to amend the oath of allegiance required by section 
     337 of the Immigration and Nationality Act (8 U.S.C. 1448).
       Sec. 515. None of the funds appropriated by this Act may be 
     used to process or approve a competition under Office of 
     Management and Budget Circular A-76 for services provided as 
     of June 1, 2004, by employees (including employees serving on 
     a temporary or term basis) of United States Citizenship and 
     Immigration Services of the Department of Homeland Security 
     who are known as of that date as Immigration Information 
     Officers, Contact Representatives, or Investigative 
     Assistants.
       Sec. 516. (a) None of the funds appropriated to the United 
     States Secret Service by this Act or by previous 
     appropriations Acts may be made available for the protection 
     of the head of a Federal agency other than the Secretary of 
     Homeland Security: Provided, That the Director of the United 
     States Secret Service may enter into an agreement to perform 
     such service on a fully reimbursable basis.
       (b) None of the funds appropriated by this or any other Act 
     to the United States Secret Service shall be made available 
     for the protection of a Federal official, other than persons 
     granted protection under section 3056(a) of title 18, United 
     States Code, and the Secretary of Homeland Security: 
     Provided, That the Director of the United States Secret 
     Service may enter into an agreement to perform such 
     protection on a fully reimbursable basis for protectees not 
     designated under section 3056(a) of title 18, United States 
     Code.
       Sec. 517. (a) The Secretary of Homeland Security is 
     directed to research, develop, and procure new technologies 
     to inspect and screen air cargo carried on passenger aircraft 
     at the earliest date possible.
       (b) Existing checked baggage explosive detection equipment 
     and screeners shall be utilized to screen air cargo carried 
     on passenger aircraft to the greatest extent practicable at 
     each airport until technologies developed under subsection 
     (a) are available.
       (c) The Transportation Security Administration shall report 
     air cargo inspection statistics quarterly to the Committees 
     on Appropriations of the Senate and the House of 
     Representatives, by airport and air carrier, within 45 days 
     after the end of the quarter including any reason for non-
     compliance with the second proviso of section 513 of the 
     Department of Homeland Security Appropriations Act, 2005 
     (Public Law 108-334, 118 Stat. 1317).
       Sec. 518. None of the funds made available in this Act may 
     be used by any person other than the Privacy Officer 
     appointed under section 222 of the Homeland Security Act of 
     2002 (6 U.S.C. 142) to alter, direct that changes be made to, 
     delay, or prohibit the transmission to Congress of any report 
     prepared under paragraph (6) of such section.
       Sec. 519. No funding provided by this or previous 
     appropriation Acts shall be available to pay the salary of 
     any employee serving as a contracting officer's technical 
     representative (COTR), or anyone acting in a similar or like 
     capacity, who has not received COTR training.
       Sec. 520. Except as provided in section 44945 of title 49, 
     United States Code, funds appropriated or transferred to 
     Transportation Security Administration ``Aviation Security'', 
     ``Administration'' and ``Transportation Security Support'' in 
     fiscal years 2004, 2005, 2006, and 2007 that are recovered or 
     deobligated shall be available only for procurement and 
     installation of explosive detection systems for air cargo, 
     baggage, and checkpoint screening systems, subject to 
     notification.
       Sec. 521. Section 525(d) of the Department of Homeland 
     Security Appropriations Act, 2007 (Public Law 109-295; 120 
     Stat. 1382) shall apply to fiscal year 2008.


                         (rescission of funds)

       Sec. 522. From the unobligated balances of funds 
     transferred to the Department of Homeland Security when it 
     was created in 2003, excluding mandatory appropriations, 
     $45,000,000 is rescinded, of which $12,000,000 shall be 
     rescinded from Departmental Operations; $12,000,000 shall be 
     rescinded from the Office of State and Local Government 
     Coordination; and $6,000,000 shall be rescinded from the 
     Working Capital Fund.
       Sec. 523. Any funds appropriated to United States Coast 
     Guard, ``Acquisition, Construction, and Improvements'' in 
     fiscal years 2002, 2003, 2004, 2005, and 2006 for the 110-123 
     foot patrol boat conversion that are recovered, collected, or 
     otherwise received as the result of negotiation, mediation, 
     or litigation, shall be available until expended for the 
     Replacement Patrol Boat (FRC-B) program.
       Sec. 524. The Department of Homeland Security Working 
     Capital Fund, established, pursuant to  section 403 of Public 
     Law 103-356 (31 U.S.C. 501 note), shall continue operations 
     during fiscal year 2008.
       Sec. 525. (a) The Federal Emergency Management Agency 
     (FEMA) shall submit a quarterly report to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     detailing the allocation and obligation of funds for 
     ``Disaster Relief'' to include:
       (1) status of the Disaster Relief Fund (DRF) including 
     obligations, allocations, and amounts undistributed/
     unallocated;
       (2) allocations, obligations, and expenditures for all open 
     disasters;
       (3) information on national flood insurance claims;
       (4) obligations, allocations and expenditures by State for 
     unemployment, crisis counseling, inspections, housing 
     assistance, manufactured housing, public assistance and 
     individual assistance;
       (5) mission assignment obligations by agency, including:
       (A) the amounts reimbursed to other agencies that are in 
     suspense because FEMA has not yet reviewed and approved the 
     documentation supporting the expenditure; and
       (B) a disclaimer if the amounts of reported obligations and 
     expenditures do not reflect the status of such obligations 
     and expenditures from a government-wide perspective;
       (6) the amount of credit card purchases by agency and 
     mission assignment;
       (7) specific reasons for all waivers granted and a 
     description of each waiver;
       (8) a list of all contracts that were awarded on a sole 
     source or limited competition basis, including the dollar 
     amount, the purpose of the contract and the reason for the 
     lack of competitive award; and
       (9) an estimate of when available appropriations will be 
     exhausted, assuming an average disaster season.
       (b) The Secretary of Homeland Security shall at least 
     quarterly obtain from agencies performing mission assignments 
     each such agency's actual obligation and expenditure data and 
     report to the Committees on Appropriations of the Senate and 
     the House of Representatives.
       (c) For any request for reimbursement from a Federal agency 
     to the Department of Homeland Security to cover expenditures 
     under the Stafford Act (42 U.S.C. 5121 et seq.), or any 
     mission assignment orders issued by the Department of 
     Homeland Security for such purposes, the Secretary of 
     Homeland Security shall take appropriate steps to ensure that 
     each agency is periodically reminded of Department of 
     Homeland Security policies on--
       (1) the detailed information required in supporting 
     documentation for reimbursements, and
       (2) the necessity for timeliness of agency billings.
       (d) Notwithstanding section 404 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5170c), projects relating to Hurricanes Katrina and Rita for 
     which the non-Federal share of assistance under that section 
     is funded by amounts appropriated to the Community 
     Development Fund under chapter 9 of title I of division B of 
     the Department of Defense, Emergency Supplemental 
     Appropriations to Address Hurricanes in the Gulf of Mexico, 
     and Pandemic Influenza Act, 2006 (Public Law 109-148; 119 
     Stat. 2779) or chapter 9 of title II of the Emergency 
     Supplemental Appropriations Act for Defense, the Global War 
     on Terror, and Hurricane Recovery, 2006 (Public Law 109-234; 
     120 Stat. 472) shall not be subject to any precertification 
     requirements.
       Sec. 526. Within 45 days after the close of each month, the 
     Chief Financial Officer of the Department of Homeland 
     Security shall submit to the Committees on Appropriations of 
     the Senate and the House of Representatives a monthly budget 
     and staffing report that includes total obligations, on-board 
     versus funded full-time equivalent staffing levels, and the 
     number of contract employees by office.
       Sec. 527. Section 532(a) of Public Law 109-295 is amended 
     by striking ``2007'' and inserting ``2008''.
       Sec. 528. The Federal Law Enforcement Training Center 
     instructor staff shall be classified as inherently 
     governmental for the purpose of the Federal Activities 
     Inventory Reform Act of 1998 (31 U.S.C. 501 note).
       Sec. 529. None of the funds provided in this Act may be 
     used to alter or reduce operations within the Civil 
     Engineering Program of the Coast Guard nationwide, including 
     the civil engineering units, facilities, design, and 
     construction centers, maintenance and logistics command 
     centers, and the Coast Guard Academy, except as specifically 
     authorized by a statute enacted after the date of enactment 
     of this Act.
       Sec. 530. Extension of the Implementation Deadline for the 
     Western Hemisphere Travel Initiative. Subparagraph (A) of 
     section 7209(b)(1) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 
     note) is amended by striking ``This plan shall be implemented 
     not later than three months after the Secretary of State and 
     the Secretary of Homeland Security make the certifications 
     required in subsection (B), or June 1, 2009, whichever is 
     earlier.'' and inserting ``Such plan may not be implemented 
     earlier than the date that is the later of 3 months after the 
     Secretary of State and the Secretary of Homeland Security 
     make the certification required in subparagraph (B) or June 
     1, 2009.''.
       Sec. 531. Section 550 of the Department of Homeland 
     Security Appropriations Act, 2007 (6 U.S.C. 121 note) is 
     amended by adding at the end the following:
       ``(h) This section shall not preclude or deny any right of 
     any State or political subdivision thereof to adopt or 
     enforce any regulation, requirement, or standard of 
     performance with respect to chemical facility security that 
     is more stringent than a regulation, requirement, or standard 
     of performance issued under this section, or otherwise impair 
     any right or jurisdiction of any State with respect to 
     chemical facilities within that State, unless there is an 
     actual conflict between this section and the law of that 
     State.''.
       Sec. 532. None of the funds provided in this Act under the 
     heading ``Office of the Chief Information Officer'' shall be 
     used for data center

[[Page H9240]]

     development other than for the National Center for Critical 
     Information Processing and Storage until the Chief 
     Information Officer certifies that the National Center for 
     Critical Information Processing and Storage is fully utilized 
     as the Department's primary data storage center at the 
     highest capacity throughout the fiscal year.
       Sec. 533. None of the funds in this Act shall be used to 
     reduce the United States Coast Guard's Operations Systems 
     Center mission or its government-employed or contract staff 
     levels.
       Sec. 534. (a) Notwithstanding section 503 of this Act, up 
     to $25,000,000 from prior year balances currently available 
     to the Transportation Security Administration may be 
     transferred to ``Transportation Threat Assessment and 
     Credentialing'' for the Secure Flight program.
       (b) In carrying out the transfer authority under subsection 
     (a), the Transportation Security Administration shall not 
     utilize any prior year balances from the following programs: 
     screener partnership program; explosive detection system 
     purchase; explosive detection system installation; checkpoint 
     support; aviation regulation and other enforcement; air 
     cargo; and air cargo research and development: Provided, That 
     any funds proposed to be transferred under this section shall 
     not be available for obligation until the Committees on 
     Appropriations of the Senate and the House of Representatives 
     receive and approve a plan for expenditure for such funds 
     that is submitted by the Secretary of Homeland Security: 
     Provided further, That the plan shall be submitted 
     simultaneously to the Government Accountability Office for 
     review consistent with its ongoing assessment of the Secure 
     Flight Program as mandated by section 522(a) of Public Law 
     108-334 (118 Stat. 1319).
       Sec. 535. Disaster Assistance for Schools. (a) 
     Definitions.--In this section--
       (1) the term ``Administrator'' means the Administrator of 
     the Federal Emergency Management Agency;
       (2) the term ``covered assistance'' means assistance--
       (A) provided under section 406 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5172);
       (B) to be used to--
       (i) repair, restore, reconstruct, or replace school 
     facilities; or
       (ii) replace lost contents of a school; and
       (C) for damage caused by Hurricane Katrina of 2005 or 
     Hurricane Rita of 2005; and
       (3) the term ``local educational agency'' has the meaning 
     given that term in section 9101 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7801).
       (b) Assistance to Schools.--
       (1) In general.--A local educational agency that has 
     applied for covered assistance before the date of enactment 
     of this Act may request that such assistance (including any 
     eligible costs discovered after the date of the estimate of 
     eligible costs under section 406(e)(1)(A) of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5172(e)(1)(A)) and any cost that was determined to be 
     an eligible cost after an appeal or review) be provided in a 
     single payment.
       (2) Disbursement of assistance.--Not later than 30 days 
     after the date that a local educational agency makes a 
     request under paragraph (1), the Administrator shall provide 
     in a single payment any covered assistance for any eligible 
     cost that was approved by the Administrator on or before the 
     date of that request.
       (3) Flood insurance reduction.--For any covered assistance 
     provided under paragraph (2), the Administrator shall make 
     not more than 1 reduction under section 406(d) of the Robert 
     T. Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5172(d)) in the amount of assistance provided.
       (c) Alternate Use.--For any covered assistance provided 
     under subsection (b)(2), the amount of that assistance shall 
     not be reduced under section 406(c)(1) of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5172(c)(1)).
       (d) Applicability.--This section shall apply to any covered 
     assistance provided on or after the date of enactment of this 
     Act.
       Sec. 536. Technical Corrections. (a) In General.--
       (1) Redesignations.--Chapter 27 of title 18, United States 
     Code, is amended by redesignating section 554 added by 
     section 551(a) of the Department of Homeland Security 
     Appropriations Act, 2007 (Public Law 109-295; 120 Stat. 1389) 
     (relating to border tunnels and passages) as section 555.
       (2) Table of sections.--The table of sections for chapter 
     27 of title 18, United States Code, is amended by striking 
     the item relating to section 554, ``Border tunnels and 
     passages'', and inserting the following:

``555. Border tunnels and passages.''.

       (b) Criminal Forfeiture.--Section 982(a)(6) of title 18, 
     United States Code, is amended by striking ``554'' and 
     inserting ``555''.
       (c) Directive to the United States Sentencing Commission.--
     Section 551(d) of the Department of Homeland Security 
     Appropriations Act, 2007 (Public Law 109-295; 120 Stat. 1390) 
     is amended in paragraphs (1) and (2)(A) by striking ``554'' 
     and inserting ``555''.
       Sec. 537. Sexual Abuse. Sections 2241, 2242, 2243, and 2244 
     of title 18, United States Code, are each amended by striking 
     ``the Attorney General'' each place that term appears and 
     inserting ``the head of any Federal department or agency''.
       Sec. 538. Plan for the Control and Management of Arundo 
     Donax. (a) Definitions.--In this section:
       (1) Arundo donax.--The term ``Arundo donax'' means a tall 
     perennial reed commonly known as ``Carrizo cane'', ``Spanish 
     cane'', ``wild cane'', and ``giant cane''.
       (2) Plan.--The term ``plan'' means the plan for the control 
     and management of Arundo donax developed under subsection 
     (b).
       (3) River.--The term ``River'' means the Rio Grande River.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (b) Development of Plan.--
       (1) In general.--The Secretary shall develop a plan for the 
     control and management of Arundo donax along the portion of 
     the River that serves as the international border between the 
     United States and Mexico.
       (2) Components.--In developing the plan, the Secretary 
     shall address--
       (A) information derived by the Secretary of Agriculture and 
     the Secretary of the Interior from ongoing efforts to 
     identify the most effective biological, mechanical, and 
     chemical means of controlling and managing Arundo donax;
       (B) past and current efforts to understand--
       (i) the ecological damages caused by Arundo donax; and
       (ii) the dangers Arundo donax poses to Federal and local 
     law enforcement;
       (C) any international agreements and treaties that need to 
     be completed to allow for the control and management of 
     Arundo donax on both sides of the River;
       (D) the long-term efforts that the Secretary considers to 
     be necessary to control and manage Arundo donax, including 
     the cost estimates for the implementation of the efforts; and
       (E) whether a waiver of applicable Federal environmental 
     laws (including regulations) is necessary.
       (3) Consultation.--The Secretary shall develop the plan in 
     consultation with the Secretary of Agriculture, the Secretary 
     of the Interior, the Secretary of State, the Chief of 
     Engineers, and any other Federal and State agencies that have 
     appropriate expertise regarding the control and management of 
     Arundo donax.
       (c) Report.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall submit the plan 
     to--
       (1) the Committees on the Judiciary of the Senate and the 
     House of Representatives; and
       (2) the Committees on Appropriations of the Senate and the 
     House of Representatives.
       Sec. 539. Reporting of Waste, Fraud, and Abuse. Not later 
     than 30 days after the date of enactment of this Act--
       (1) the Secretary of Homeland Security shall establish and 
     maintain on the homepage of the website of the Department of 
     Homeland Security, a direct link to the website of the Office 
     of Inspector General of the Department of Homeland Security; 
     and
       (2) the Inspector General of the Department of Homeland 
     Security shall establish and maintain on the homepage of the 
     website of the Office of Inspector General a direct link for 
     individuals to anonymously report waste, fraud, or abuse.
       Sec. 540. The Secretary of Homeland Security shall require 
     that all contracts of the Department of Homeland Security 
     that provide award fees link such fees to successful 
     acquisition outcomes (which outcomes shall be specified in 
     terms of cost, schedule, and performance).
       Sec. 541. None of the funds made available to the Office of 
     the Secretary and Executive Management under this Act may be 
     expended for any new hires by the Department of Homeland 
     Security that are not verified through the basic pilot 
     program required under section 401 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1324a note).
       Sec. 542. None of the funds made available in this Act for 
     U.S. Customs and Border Protection or any agency or office 
     within the Department of Homeland Security may be used to 
     prevent an individual from importing a prescription drug from 
     Canada if--
       (1) such individual is not in the business of importing a 
     prescription drug (within the meaning of section 801(g) of 
     the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381(g))); 
     and
       (2) such drug--
       (A) complies with sections 501, 502, and 505 of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 351, 352, and 355); 
     and
       (B) is not--
       (i) a controlled substance, as defined in section 102 of 
     the Controlled Substances Act (21 U.S.C. 802); or
       (ii) a biological product, as defined in section 351 of the 
     Public Health Service Act (42 U.S.C. 262).
       Sec. 543. Prohibition on Use of Funds for Rulemaking 
     Related to Petitions for Aliens. None of the funds made 
     available in this Act may be used by the Secretary of 
     Homeland Security or any delegate of the Secretary to issue 
     any rule or regulation which implements the Notice of 
     Proposed Rulemaking related to Petitions for Aliens To 
     Perform Temporary Nonagricultural Services or Labor (H-2B) 
     set out beginning on 70 Federal Register 3984 (January 27, 
     2005).
       Sec. 544. None of the funds appropriated or otherwise made 
     available by this Act may be obligated or expended by the 
     Secretary of Homeland Security to remove offenses from the 
     list of criminal offenses disqualifying individuals from 
     receiving a Transportation Worker Identification Credential 
     under section 1572.103 of title 49, Code of Federal 
     Regulations.
       Sec. 545. (a)(1)(A) None of the funds appropriated or 
     otherwise made available by this Act may be used to make any 
     payment in connection with a contract awarded through a 
     congressional initiative unless the contract is awarded using 
     competitive procedures in accordance with the requirements of 
     section 303 of the Federal Property and Administrative 
     Services Act of 1949 (41 U.S.C. 253), section 2304 of title 
     10, United States Code, and the Federal Acquisition 
     Regulation.
       (B) Except as provided in paragraph (3), none of the funds 
     appropriated or otherwise made available by this Act may be 
     used to make any payment in connection with a contract 
     awarded through a congressional initiative unless more than 
     one bid is received for such contract.

[[Page H9241]]

       (2) Notwithstanding any other provision of this Act, none 
     of the funds appropriated or otherwise made available by this 
     Act may be awarded by grant or cooperative agreement through 
     a congressional initiative unless the process used to award 
     such grant or cooperative agreement uses competitive 
     procedures to select the grantee or award recipient. Except 
     as provided in paragraph (3), no such grant may be awarded 
     unless applications for such grant or cooperative agreement 
     are received from two or more applicants that are not from 
     the same organization and do not share any financial, 
     fiduciary, or other organizational relationship.
       (3)(A) If the Secretary of Homeland Security does not 
     receive more than one bid for a contract under paragraph 
     (1)(B) or does not receive more than one application from 
     unaffiliated applicants for a grant or cooperative agreement 
     under paragraph (2), the Secretary may waive such bid or 
     application requirement if the Secretary determines that the 
     contract, grant, or cooperative agreement is essential to the 
     mission of the Department of Homeland Security.
       (b)(1) Not later than December 31, 2008, the Secretary of 
     Homeland Security shall submit to Congress a report on 
     congressional initiatives for which amounts were appropriated 
     during fiscal year 2008.
       (2) The report submitted under paragraph (1) shall include 
     with respect to each contract and grant awarded through a 
     congressional initiative--
       (A) the name of the recipient of the funds awarded through 
     such contract or grant;
       (B) the reason or reasons such recipient was selected for 
     such contract or grant; and
       (C) the number of entities that competed for such contract 
     or grant.
       (3) The report submitted under paragraph (1) shall be made 
     publicly available through the Internet website of the 
     Department of Homeland Security.
       (c) In this section:
       (1) The term ``congressional initiative'' means a provision 
     of law or a directive contained within a committee report or 
     joint statement of managers of an appropriations Act that 
     specifies--
       (A) the identity of a person or entity selected to carry 
     out a project, including a defense system, for which funds 
     are appropriated or otherwise made available by that 
     provision of law or directive and that was not requested by 
     the President in a budget submitted to Congress; and
       (B) the amount of the funds appropriated or otherwise made 
     available for such project.
       (2) The term ``executive agency'' has the meaning given 
     such term in section 4 of the Office of Federal Procurement 
     Policy Act (41 U.S.C. 403).
       Sec. 546. Border Security Requirements for Land and 
     Maritime Borders of the United States. (a) Operational 
     Control of the United States Borders.--The President shall 
     ensure that operational control of all international land and 
     maritime borders is achieved.
       (b) Achieving Operational Control.--The Secretary of 
     Homeland Security shall establish and demonstrate operational 
     control of 100 percent of the international land and maritime 
     borders of the United States, including the ability to 
     monitor such borders through available methods and 
     technology.
       (1) Staff Enhancements for Border Patrol.--The United 
     States Customs and Border Protection Border Patrol may hire, 
     train, and report for duty additional full-time agents. These 
     additional agents shall be deployed along all international 
     borders.
       (2) Strong Border Barriers.--The United States Customs and 
     Border Protection Border Patrol may:
       (A) Install along all international borders of the United 
     States vehicle barriers;
       (B) Install along all international borders of the United 
     States ground-based radar and cameras; and
       (C) Deploy for use along all international borders of the 
     United States unmanned aerial vehicles, and the supporting 
     systems for such vehicles;
       (c) Presidential Progress Report.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, and every 90 days thereafter, the 
     President shall submit a report to Congress detailing the 
     progress made in funding, meeting or otherwise satisfying 
     each of the requirements described under paragraphs (1) and 
     (2).
       (2) Progress not sufficient.--If the President determines 
     that sufficient progress is not being made, the President 
     shall include in the report required under paragraph (1) 
     specific funding recommendations, authorization needed, or 
     other actions that are or should be undertaken by the 
     Secretary of Homeland Security.
       (d) Appropriations for Securing Land and Maritime Borders 
     of the United States.--Any funds appropriated under division 
     B of this Act shall be used to ensure operational control is 
     achieved for all international land and maritime borders of 
     the United States.
       Sec. 547. Improvements to the Employment Eligibility 
     Verification Basic Pilot Program. Of the amounts appropriated 
     for border security and employment verification improvements 
     under section 1003 of Division B, $60,000,000 shall be made 
     available to--
       (1) ensure that State and local programs have sufficient 
     access to, and are sufficiently coordinated with, the Federal 
     Government's Employment Eligibility Verification System;
       (2) ensure that such system has sufficient capacity to 
     timely and accurately--
       (A) register employers in States with employer verification 
     requirements;
       (B) respond to inquiries by employers; and
       (C) enter into memoranda of understanding with States to 
     ensure responses to subparagraphs (A) and (B); and
       (3) develop policies and procedures to ensure protection of 
     the privacy and security of personally identifiable 
     information and identifiers contained in the basic pilot 
     program, including appropriate privacy and security training 
     for State employees;
       (4) ensure that the Office for Civil Rights and Civil 
     Liberties of the Department of Justice has sufficient 
     capacity to conduct audits of the Federal Government's 
     Employment Eligibility Verification System to assess employer 
     compliance with System requirements, including the applicable 
     Memorandum of Understanding;
       (5) these amounts are designated as an emergency 
     requirement pursuant to section 204 of S. Con. Res. 21 (110th 
     Congress).
       Sec. 548. In-lieu Contribution. The Administrator of the 
     Federal Emergency Management Agency shall authorize a large 
     in-lieu contribution under section 406(c)(1) of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5172(c)(1)) to the Peebles School in Iberia Parish, 
     Louisiana for damages relating to Hurricane Katrina of 2005 
     or Hurricane Rita of 2005, notwithstanding section 
     406(c)(1)(C) of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5172(c)(1)(C)).
       Sec. 549. National Strategy on Closed Circuit Television 
     Systems. (a) In General.--Not later than 1 year after the 
     date of the enactment of this Act, the Secretary of Homeland 
     Security shall--
       (1) develop a national strategy for the effective and 
     appropriate use of closed circuit television to prevent and 
     respond to acts of terrorism, which shall include--
       (A) an assessment of how closed circuit television and 
     other public surveillance systems can be used most 
     effectively as part of an overall terrorism preparedness, 
     prevention, and response program, and its appropriate role in 
     such a program;
       (B) a comprehensive examination of the advantages and 
     limitations of closed circuit television and, as appropriate, 
     other public surveillance technologies;
       (C) best practices on camera use and data storage;
       (D) plans for coordination between the Federal Government 
     and State and local governments, and the private sector--
       (i) in the development and use of closed circuit television 
     systems; and
       (ii) for Federal assistance and support for State and local 
     utilization of such systems;
       (E) plans for pilot programs or other means of determining 
     the real-world efficacy and limitations of closed circuit 
     televisions systems;
       (F) an assessment of privacy and civil liberties concerns 
     raised by use of closed circuit television and other public 
     surveillance systems, and guidelines to address such 
     concerns; and
       (G) an assessment of whether and how closed circuit 
     television systems and other public surveillance systems are 
     effectively utilized by other democratic countries in 
     combating terrorism; and
       (2) provide to the Committees on Homeland Security and 
     Governmental Affairs, Appropriations, and the Judiciary of 
     the Senate and the Committees on Homeland Security, 
     Appropriations, and the Judiciary of the House of 
     Representatives a report that includes--
       (A) the strategy required under paragraph (1);
       (B) the status and findings of any pilot program involving 
     closed circuit televisions or other public surveillance 
     systems conducted by, in coordination with, or with the 
     assistance of the Department of Homeland Security up to the 
     time of the report; and
       (C) the annual amount of funds used by the Department of 
     Homeland Security, either directly by the Department or 
     through grants to State, local, or tribal governments, to 
     support closed circuit television and the public surveillance 
     systems of the Department, since fiscal year 2004.
       (b) Consultation.--In preparing the strategy and report 
     required under subsection (a), the Secretary of Homeland 
     Security shall consult with the Attorney General, the Chief 
     Privacy Officer of the Department of Homeland Security, and 
     the Officer for Civil Rights and Civil Liberties of the 
     Department of Homeland Security.
       Sec. 550. Secure Handling of Ammonium Nitrate.--(a) In 
     General.--Title VIII of the Homeland Security Act of 2002 (6 
     U.S.C. 361 et seq.) is amended by adding at the end the 
     following:

           ``Subtitle J--Secure Handling of Ammonium Nitrate

     ``SEC. 899A. DEFINITIONS.

       ``In this subtitle:
       ``(1) Ammonium nitrate.--The term `ammonium nitrate' 
     means--
       ``(A) solid ammonium nitrate that is chiefly the ammonium 
     salt of nitric acid and contains not less than 33 percent 
     nitrogen by weight; and
       ``(B) any mixture containing a percentage of ammonium 
     nitrate that is equal to or greater than the percentage 
     determined by the Secretary under section 899B(b).
       ``(2) Ammonium nitrate facility.--The term `ammonium 
     nitrate facility' means any entity that produces, sells or 
     otherwise transfers ownership of, or provides application 
     services for ammonium nitrate.
       ``(3) Ammonium nitrate purchaser.--The term `ammonium 
     nitrate purchaser' means any person who buys and takes 
     possession of ammonium nitrate from an ammonium nitrate 
     facility.

     ``SEC. 899B. REGULATION OF THE SALE AND TRANSFER OF AMMONIUM 
                   NITRATE.

       ``(a) In General.--The Secretary shall regulate the sale 
     and transfer of ammonium nitrate by an ammonium nitrate 
     facility in accordance with this subtitle to prevent the 
     misappropriation or use of ammonium nitrate in an act of 
     terrorism.

[[Page H9242]]

       ``(b) Ammonium Nitrate Mixtures.--Not later than 90 days 
     after the date of the enactment of this subtitle, the 
     Secretary, in consultation with the heads of appropriate 
     Federal departments and agencies (including the Secretary of 
     Agriculture), shall, after notice and an opportunity for 
     comment, establish a threshold percentage for ammonium 
     nitrate in a substance.
       ``(c) Registration of Owners of Ammonium Nitrate 
     Facilities.--
       ``(1) Registration.--The Secretary shall establish a 
     process by which any person that--
       ``(A) owns an ammonium nitrate facility is required to 
     register with the Department; and
       ``(B) registers under subparagraph (A) is issued a 
     registration number for purposes of this subtitle.
       ``(2)  Registration information.--Any person applying to 
     register under paragraph (1) shall submit to the Secretary--
       ``(A) the name, address, and telephone number of each 
     ammonium nitrate facility owned by that person;
       ``(B) the name of the person designated by that person as 
     the point of contact for each such facility, for purposes of 
     this subtitle; and
       ``(C) such other information as the Secretary may determine 
     is appropriate.
       ``(d) Registration of Ammonium Nitrate Purchasers.--
       ``(1) Registration.--The Secretary shall establish a 
     process by which any person that--
       ``(A) intends to be an ammonium nitrate purchaser is 
     required to register with the Department; and
       ``(B) registers under subparagraph (A) is issued a 
     registration number for purposes of this subtitle.
       ``(2)  Registration information.--Any person applying to 
     register under paragraph (1) as an ammonium nitrate purchaser 
     shall submit to the Secretary--
       ``(A) the name, address, and telephone number of the 
     applicant; and
       ``(B) the intended use of ammonium nitrate to be purchased 
     by the applicant.
       ``(e) Records.--
       ``(1) Maintenance of records.--The owner of an ammonium 
     nitrate facility shall--
       ``(A) maintain a record of each sale or transfer of 
     ammonium nitrate, during the two-year period beginning on the 
     date of that sale or transfer; and
       ``(B) include in such record the information described in 
     paragraph (2).
       ``(2) Specific information required.--For each sale or 
     transfer of ammonium nitrate, the owner of an ammonium 
     nitrate facility shall--
       ``(A) record the name, address, telephone number, and 
     registration number issued under subsection (c) or (d) of 
     each person that takes possession of ammonium nitrate, in a 
     manner prescribed by the Secretary;
       ``(B) if applicable, record the name, address, and 
     telephone number of each individual who takes possession of 
     the ammonium nitrate on behalf of the person described in 
     subparagraph (A), at the point of sale;
       ``(C) record the date and quantity of ammonium nitrate sold 
     or transferred; and
       ``(D) verify the identity of the persons described in 
     subparagraphs (A) and (B), as applicable, in accordance with 
     a procedure established by the Secretary.
       ``(3) Protection of information.--In maintaining records in 
     accordance with paragraph (1), the owner of an ammonium 
     nitrate facility shall take reasonable actions to ensure the 
     protection of the information included in such records.
       ``(f) Exemption for Explosive Purposes.--The Secretary may 
     exempt from this subtitle a person producing, selling, or 
     purchasing ammonium nitrate exclusively for use in the 
     production of an explosive under a license issued under 
     chapter 40 of title 18, United States Code.
       ``(g) Consultation.--In carrying out this section, the 
     Secretary shall consult with the Secretary of Agriculture, 
     States, and appropriate private sector entities, to ensure 
     that the access of agricultural producers to ammonium nitrate 
     is not unduly burdened.
       ``(h) Data Confidentiality.--
       ``(1) In general.--Notwithstanding section 552 of title 5, 
     United States Code, or the USA PATRIOT ACT (Public Law 107-
     56; 115 Stat. 272), and except as provided in paragraph (2), 
     the Secretary may not disclose to any person any information 
     obtained under this subtitle.
       ``(2) Exception.--The Secretary may disclose any 
     information obtained by the Secretary under this subtitle 
     to--
       ``(A) an officer or employee of the United States, or a 
     person that has entered into a contract with the United 
     States, who has a need to know the information to perform the 
     duties of the officer, employee, or person; or
       ``(B) to a State agency under section 899D, under 
     appropriate arrangements to ensure the protection of the 
     information.
       ``(i) Registration Procedures and Check of Terrorist 
     Screening Database.--
       ``(1) Registration procedures.--
       ``(A) Generally.--The Secretary shall establish procedures 
     to efficiently receive applications for registration numbers 
     under this subtitle, conduct the checks required under 
     paragraph (2), and promptly issue or deny a registration 
     number.
       ``(B) Initial six-month registration period.--The Secretary 
     shall take steps to maximize the number of registration 
     applications that are submitted and processed during the six-
     month period described in section 899F(e).
       ``(2) Check of terrorist screening database.--
       ``(A) Check required.--The Secretary shall conduct a check 
     of appropriate identifying information of any person seeking 
     to register with the Department under subsection (c) or (d) 
     against identifying information that appears in the terrorist 
     screening database of the Department.
       ``(B) Authority to deny registration number.--If the 
     identifying information of a person seeking to register with 
     the Department under subsection (c) or (d) appears in the 
     terrorist screening database of the Department, the Secretary 
     may deny issuance of a registration number under this 
     subtitle.
       ``(3) Expedited review of applications.--
       ``(A) In general.--Following the six-month period described 
     in section 899F(e), the Secretary shall, to the extent 
     practicable, issue or deny registration numbers under this 
     subtitle not later than 72 hours after the time the Secretary 
     receives a complete registration application, unless the 
     Secretary determines, in the interest of national security, 
     that additional time is necessary to review an application.
       ``(B) Notice of application status.--In all cases, the 
     Secretary shall notify a person seeking to register with the 
     Department under subsection (c) or (d) of the status of the 
     application of that person not later than 72 hours after the 
     time the Secretary receives a complete registration 
     application.
       ``(4) Expedited appeals process.--
       ``(A) Requirement.--
       ``(i) Appeals process.--The Secretary shall establish an 
     expedited appeals process for persons denied a registration 
     number under this subtitle.
       ``(ii) Time period for resolution.--The Secretary shall, to 
     the extent practicable, resolve appeals not later than 72 
     hours after receiving a complete request for appeal unless 
     the Secretary determines, in the interest of national 
     security, that additional time is necessary to resolve an 
     appeal.
       ``(B) Consultation.--The Secretary, in developing the 
     appeals process under subparagraph (A), shall consult with 
     appropriate stakeholders.
       ``(C) Guidance.--The Secretary shall provide guidance 
     regarding the procedures and information required for an 
     appeal under subparagraph (A) to any person denied a 
     registration number under this subtitle.
       ``(5) Restrictions on use and maintenance of information.--
       ``(A) In general.--Any information constituting grounds for 
     denial of a registration number under this section shall be 
     maintained confidentially by the Secretary and may be used 
     only for making determinations under this section.
       ``(B) Sharing of information.--Notwithstanding any other 
     provision of this subtitle, the Secretary may share any such 
     information with Federal, State, local, and tribal law 
     enforcement agencies, as appropriate.
       ``(6) Registration information.--
       ``(A) Authority to require information.--The Secretary may 
     require a person applying for a registration number under 
     this subtitle to submit such information as may be necessary 
     to carry out the requirements of this section.
       ``(B) Requirement to update information.--The Secretary may 
     require persons issued a registration under this subtitle to 
     update registration information submitted to the Secretary 
     under this subtitle, as appropriate.
       ``(7) Re-checks against terrorist screening database.--
       ``(A) Re-checks.--The Secretary shall, as appropriate, 
     recheck persons provided a registration number pursuant to 
     this subtitle against the terrorist screening database of the 
     Department, and may revoke such registration number if the 
     Secretary determines such person may pose a threat to 
     national security.
       ``(B) Notice of revocation.--The Secretary shall, as 
     appropriate, provide prior notice to a person whose 
     registration number is revoked under this section and such 
     person shall have an opportunity to appeal, as provided in 
     paragraph (4).

     ``SEC. 899C. INSPECTION AND AUDITING OF RECORDS.

       ``The Secretary shall establish a process for the periodic 
     inspection and auditing of the records maintained by owners 
     of ammonium nitrate facilities for the purpose of monitoring 
     compliance with this subtitle or for the purpose of deterring 
     or preventing the misappropriation or use of ammonium nitrate 
     in an act of terrorism.

     ``SEC. 899D. ADMINISTRATIVE PROVISIONS.

       ``(a) Cooperative Agreements.--The Secretary--
       ``(1) may enter into a cooperative agreement with the 
     Secretary of Agriculture, or the head of any State department 
     of agriculture or its designee involved in agricultural 
     regulation, in consultation with the State agency responsible 
     for homeland security, to carry out the provisions of this 
     subtitle; and
       ``(2) wherever possible, shall seek to cooperate with State 
     agencies or their designees that oversee ammonium nitrate 
     facility operations when seeking cooperative agreements to 
     implement the registration and enforcement provisions of this 
     subtitle.
       ``(b) Delegation.--
       ``(1) Authority.--The Secretary may delegate to a State the 
     authority to assist the Secretary in the administration and 
     enforcement of this subtitle.
       ``(2) Delegation required.--At the request of a Governor of 
     a State, the Secretary shall delegate to that State the 
     authority to carry out functions under sections 899B and 
     899C, if the Secretary determines that the State is capable 
     of satisfactorily carrying out such functions.
       ``(3) Funding.--Subject to the availability of 
     appropriations, if the Secretary delegates functions to a 
     State under this subsection, the Secretary shall provide to 
     that State sufficient funds to carry out the delegated 
     functions.
       ``(c) Provision of Guidance and Notification Materials to 
     Ammonium Nitrate Facilities.--
       ``(1) Guidance.--The Secretary shall make available to each 
     owner of an ammonium nitrate

[[Page H9243]]

     facility registered under section 899B(c)(1) guidance on--
       ``(A) the identification of suspicious ammonium nitrate 
     purchases or transfers or attempted purchases or transfers;
       ``(B) the appropriate course of action to be taken by the 
     ammonium nitrate facility owner with respect to such a 
     purchase or transfer or attempted purchase or transfer, 
     including--
       ``(i) exercising the right of the owner of the ammonium 
     nitrate facility to decline sale of ammonium nitrate; and
       ``(ii) notifying appropriate law enforcement entities; and
       ``(C) additional subjects determined appropriate by to 
     prevent the misappropriation or use of ammonium nitrate in an 
     act of terrorism.
       ``(2) Use of materials and programs.--In providing guidance 
     under this subsection, the Secretary shall, to the extent 
     practicable, leverage any relevant materials and programs.
       ``(3) Notification materials.--
       ``(A) In general.--The Secretary shall make available 
     materials suitable for posting at locations where ammonium 
     nitrate is sold.
       ``(B) Design of materials.--Materials made available under 
     subparagraph (A) shall be designed to notify prospective 
     ammonium nitrate purchasers of--
       ``(i) the record-keeping requirements under section 899B; 
     and
       ``(ii) the penalties for violating such requirements.

     ``SEC. 899E. THEFT REPORTING REQUIREMENT.

       ``Any person who is required to comply with section 899B(e) 
     who has knowledge of the theft or unexplained loss of 
     ammonium nitrate shall report such theft or loss to the 
     appropriate Federal law enforcement authorities not later 
     than 1 calendar day of the date on which the person becomes 
     aware of such theft or loss. Upon receipt of such report, the 
     relevant Federal authorities shall inform State, local, and 
     tribal law enforcement entities, as appropriate.

     ``SEC. 899F. PROHIBITIONS AND PENALTY.

       ``(a) Prohibitions.--
       ``(1) Taking possession.--No person shall take possession 
     of ammonium nitrate from an ammonium nitrate facility unless 
     such person is registered under subsection (c) or (d) of 
     section 899B, or is an agent of a person registered under 
     subsection (c) or (d) of that section.
       ``(2) Transferring possession.--An owner of an ammonium 
     nitrate facility shall not transfer possession of ammonium 
     nitrate from the ammonium nitrate facility to any person who 
     is not registered under subsection (c) or (d) of section 
     899B, or is not an agent of a person registered under 
     subsection (c) or (d) of that section.
       ``(3) Other prohibitions.--No person shall--
       ``(A) buy and take possession of ammonium nitrate without a 
     registration number required under subsection (c) or (d) of 
     section 899B;
       ``(B) own or operate an ammonium nitrate facility without a 
     registration number required under section 899B(c); or
       ``(C) fail to comply with any requirement or violate any 
     other prohibition under this subtitle.
       ``(b) Civil Penalty.--A person that violates this subtitle 
     may be assessed a civil penalty by the Secretary of not more 
     than $50,000 per violation.
       ``(c) Penalty Considerations.--In determining the amount of 
     a civil penalty under this section, the Secretary shall 
     consider--
       ``(1) the nature and circumstances of the violation;
       ``(2) with respect to the person who commits the violation, 
     any history of prior violations, the ability to pay the 
     penalty, and any effect the penalty is likely to have on the 
     ability of such person to do business; and
       ``(3) any other matter that the Secretary determines that 
     justice requires.
       ``(d) Notice and Opportunity for a Hearing.--No civil 
     penalty may be assessed under this subtitle unless the person 
     liable for the penalty has been given notice and an 
     opportunity for a hearing on the violation for which the 
     penalty is to be assessed in the county, parish, or 
     incorporated city of residence of that person.
       ``(e) Delay in Application of Prohibition.--Paragraphs (1) 
     and (2) of subsection (a) shall apply on and after the date 
     that is 6 months after the date that the Secretary issues of 
     a final rule implementing this subtitle.

     ``SEC. 899G. PROTECTION FROM CIVIL LIABILITY.

       ``(a) In General.--Notwithstanding any other provision of 
     law, an owner of an ammonium nitrate facility that in good 
     faith refuses to sell or transfer ammonium nitrate to any 
     person, or that in good faith discloses to the Department or 
     to appropriate law enforcement authorities an actual or 
     attempted purchase or transfer of ammonium nitrate, based 
     upon a reasonable belief that the person seeking purchase or 
     transfer of ammonium nitrate may use the ammonium nitrate to 
     create an explosive device to be employed in an act of 
     terrorism (as defined in section 3077 of title 18, United 
     States Code), or to use ammonium nitrate for any other 
     unlawful purpose, shall not be liable in any civil action 
     relating to that refusal to sell ammonium nitrate or that 
     disclosure.
       ``(b) Reasonable Belief.--A reasonable belief that a person 
     may use ammonium nitrate to create an explosive device to be 
     employed in an act of terrorism under subsection (a) may not 
     solely be based on the race, sex, national origin, creed, 
     religion, status as a veteran, or status as a member of the 
     Armed Forces of the United States of that person.

     ``SEC. 899H. PREEMPTION OF OTHER LAWS.

       ``(a) Other Federal Regulations.--Except as provided in 
     section 899G, nothing in this subtitle affects any regulation 
     issued by any agency other than an agency of the Department.
       ``(b) State Law.--Subject to section 899G, this subtitle 
     preempts the laws of any State to the extent that such laws 
     are inconsistent with this subtitle, except that this 
     subtitle shall not preempt any State law that provides 
     additional protection against the acquisition of ammonium 
     nitrate by terrorists or the use of ammonium nitrate in 
     explosives in acts of terrorism or for other illicit 
     purposes, as determined by the Secretary.

     ``SEC. 899I. DEADLINES FOR REGULATIONS.

       ``The Secretary--
       ``(1) shall issue a proposed rule implementing this 
     subtitle not later than 6 months after the date of the 
     enactment of this subtitle; and
       ``(2) issue a final rule implementing this subtitle not 
     later than 1 year after such date of enactment.

     ``SEC. 899J. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to the 
     Secretary--
       ``(1) $2,000,000 for fiscal year 2008; and
       ``(2) $10,750,000 for each of fiscal years 2009 through 
     2012.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of such Act is amended by inserting after the item 
     relating to section 899 the following:

           ``Subtitle J--Secure Handling of Ammonium Nitrate

``Sec. 899A. Definitions.
``Sec. 899B. Regulation of the sale and transfer of ammonium nitrate.
``Sec. 899C. Inspection and auditing of records.
``Sec. 899D. Administrative provisions.
``Sec. 899E. Theft reporting requirement.
``Sec. 899F. Prohibitions and penalty.
``Sec. 899G. Protection from civil liability.
``Sec. 899H. Preemption of other laws.
``Sec. 899I. Deadlines for regulations.
``Sec. 899J. Authorization of appropriations.''.

       Sec. 552. Risk Management and Analysis Special Event; 2010 
     Vancouver Olympic and Paralympic Games. As soon as 
     practicable, but not later than 3 months after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall submit to the Committee on Appropriations, the 
     Committee on Homeland Security and Governmental Affairs, and 
     the Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Appropriations, the Committee on 
     Homeland Security, and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report 
     regarding the plans of the Secretary of Homeland Security 
     relating to--
       (1) implementing the recommendations regarding the 2010 
     Vancouver Olympic and Paralympic Games in the Joint 
     Explanatory Statement of the Committee of Conference on H.R. 
     5441 (109th Congress), the Department of Homeland Security 
     Appropriations Act, 2007, with specific funding strategies 
     for--
       (A) the Multiagency Coordination Center; and
       (B) communications exercises to validate communications 
     pathways, test equipment, and support the training and 
     familiarization of personnel on the operations of the 
     different technologies used to support the 2010 Vancouver 
     Olympic and Paralympic Games; and
       (2) the feasibility of implementing a program to prescreen 
     individuals traveling by rail between Vancouver, Canada and 
     Seattle, Washington during the 2010 Vancouver Olympic and 
     Paralympic Games, while those individuals are located in 
     Vancouver, Canada, similar to the preclearance arrangements 
     in effect in Vancouver, Canada for certain flights between 
     the United States and Canada.
       Sec. 553. Improvement of Barriers at Border. Section 102 of 
     the Illegal Immigration Reform and Immigrant Responsibility 
     Act of 1996 (8 U.S.C. 1103 note) is amended--
       (1) in subsection (a), by striking ``Attorney General, in 
     consultation with the Commissioner of Immigration and 
     Naturalization,'' and inserting ``Secretary of Homeland 
     Security''; and
       (2) in subsection (b)--
       (A) in the subsection heading, by striking ``in the Border 
     Area'' and inserting ``Along the Border'';
       (B) by redesignating paragraphs (1), (2), (3), and (4) as 
     paragraphs (2), (3), (4), and (5), respectively;
       (C) in paragraph (2), as redesignated--
       (i) in the paragraph heading, by striking ``Security 
     features'' and inserting ``Additional fencing along southwest 
     border''; and
       (ii) by striking subparagraphs (A) through (C) and 
     inserting the following:
       ``(A) Reinforced fencing.--In carrying out subsection (a), 
     the Secretary of Homeland Security shall construct reinforced 
     fencing along not less than 700 miles of the southwest border 
     where fencing would be most practical and effective and 
     provide for the installation of additional physical barriers, 
     roads, lighting, cameras, and sensors to gain operational 
     control of the southwest border.
       ``(B) Priority areas.--In carrying out this section, the 
     Secretary of Homeland Security shall--
       ``(i) identify the 370 miles along the southwest border 
     where fencing would be most practical and effective in 
     deterring smugglers and aliens attempting to gain illegal 
     entry into the United States; and
       ``(ii) not later than December 31, 2008, complete 
     construction of reinforced fencing along the 370 miles 
     identified under clause (i).
       ``(C) Consultation.--
       ``(i) In general.--In carrying out this section, the 
     Secretary of Homeland Security shall consult with the 
     Secretary of Interior, the Secretary of Agriculture, States, 
     local governments, Indian tribes, and property owners in the 
     United States to minimize the impact on the environment, 
     culture, commerce, and quality of life for the communities 
     and residents located near the sites at which such fencing is 
     to be constructed.
       ``(ii) Savings provision.--Nothing in this subparagraph may 
     be construed to--

       ``(I) create any right of action for a State, local 
     government, or other person or entity affected by this 
     subsection; or

[[Page H9244]]

       ``(II) affect the eminent domain laws of the United States 
     or of any State.

       ``(D) Limitation on requirements.--Notwithstanding 
     subparagraph (A), nothing in this paragraph shall require the 
     Secretary of Homeland Security to install fencing, physical 
     barriers, roads, lighting, cameras, and sensors in a 
     particular location along an international border of the 
     United States, if the Secretary determines that the use or 
     placement of such resources is not the most appropriate means 
     to achieve and maintain operational control over the 
     international border at such location.''; and
       (D) in paragraph (5), as redesignated, by striking ``to 
     carry out this subsection not to exceed $12,000,000'' and 
     inserting ``such sums as may be necessary to carry out this 
     subsection''.
       Sec. 554. Accountability in Grant and Contract 
     Administration. The Department of Homeland Security, through 
     the Federal Emergency Management Agency, shall--
       (1) consider implementation, through fair and open 
     competition, of management, tracking and accountability 
     systems to assist in managing grant allocations, 
     distribution, expenditures, and asset tracking; and
       (2) consider any efficiencies created through cooperative 
     purchasing agreements.
       Sec. 555. None of the funds made available in this Act may 
     be used to destroy or put out to pasture any horse or other 
     equine belonging to the Federal Government that has become 
     unfit for service, unless the trainer or handler is first 
     given the option to take possession of the equine through an 
     adoption program that has safeguards against slaughter and 
     inhumane treatment.
       Sec. 556. International Registered Traveler Program. 
     Section 7208(k)(3) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (8 U.S.C. 1365b(k)(3)) is amended to 
     read as follows:
       ``(3) International registered traveler program.--
       ``(A) In general.--The Secretary of Homeland Security shall 
     establish an international registered traveler program that 
     incorporates available technologies, such as biometrics and 
     e-passports, and security threat assessments to expedite the 
     screening and processing of international travelers, 
     including United States Citizens and residents, who enter and 
     exit the United States. The program shall be coordinated with 
     the US-VISIT program, other pre-screening initiatives, and 
     the Visa Waiver Program within the Department of Homeland 
     Security.
       ``(B) Fees.--The Secretary may impose a fee for the program 
     established under subparagraph (A) and may modify such fee 
     from time to time. The fee may not exceed the aggregate costs 
     associated with the program and shall be credited to the 
     Department of Homeland Security for purposes of carrying out 
     the program. Amounts so credited shall remain available until 
     expended.
       ``(C) Rulemaking.--Within 365 days after the date of 
     enactment of this paragraph, the Secretary shall initiate a 
     rulemaking to establish the program, criteria for 
     participation, and the fee for the program.
       ``(D) Implementation.--Not later than 2 years after the 
     date of enactment of this paragraph, the Secretary shall 
     establish a phased-implementation of a biometric-based 
     international registered traveler program in conjunction with 
     the US-VISIT entry and exit system, other pre-screening 
     initiatives, and the Visa Waiver Program within the 
     Department of Homeland Security at United States airports 
     with the highest volume of international travelers.
       ``(E) Participation.--The Secretary shall ensure that the 
     international registered traveler program includes as many 
     participants as practicable by--
       ``(i) establishing a reasonable cost of enrollment;
       ``(ii) making program enrollment convenient and easily 
     accessible; and
       ``(iii) providing applicants with clear and consistent 
     eligibility guidelines.''.
       Sec. 557. Report on the Performance Accountability and 
     Standards System of the Transportation Security 
     Administration. Not later than March 1, 2008, the 
     Transportation Security Administration shall submit a report 
     to the Committees on Appropriations of the Senate and the 
     House of Representatives, the Committee on Homeland Security 
     and Governmental Affairs of the Senate, the Committee on 
     Commerce, Science, and Transportation of the Senate, the 
     Committee on Homeland Security of the House of 
     Representatives, and the Committee on Transportation and 
     Infrastructure of the House of Representatives on the 
     implementation of the Performance Accountability and 
     Standards System, including--
       (1) the number of employees who achieved each level of 
     performance;
       (2) a comparison between managers and non-managers relating 
     to performance and pay increases;
       (3) the type and amount of all pay increases that have 
     taken effect for each level of performance; and
       (4) the attrition of employees covered by the Performance 
     Accountability and Standards System.
       Sec. 558. Shared Border Management. (a) Study.--The 
     Comptroller General of the United States shall conduct a 
     study on the Department of Homeland Security's use of shared 
     border management to secure the international borders of the 
     United States.
       (b) Report.--The Comptroller General shall submit a report 
     to Congress that describes--
       (1) any negotiations, plans, or designs conducted by 
     officials of the Department of Homeland Security regarding 
     the practice of shared border management; and
       (2) the factors required to be in place for shared border 
     management to be successful.
       Sec. 559. Amounts authorized to be appropriated in the 
     Border Law Enforcement Relief Act of 2007 are increased by 
     $50,000,000 for each of the fiscal years 2008 through 2012.
       Sec. 560. GAO Study of Cost of Fencing on the Southern 
     Border. (a) Inquiry and Report Required.--The Comptroller of 
     the United States shall conduct a study examining--
       (1) the total amount of money that has been expended, as of 
     June 20, 2007, to construct 90 miles of fencing on the 
     southern border of the United States;
       (2) the average cost per mile of the 90 miles of fencing on 
     the southern border as of June 20, 2007;
       (3) the average cost per mile of the 370 miles of fencing 
     that the Department of Homeland Security is required to have 
     completed on the southern border by December 31, 2008, which 
     shall include $1,187,000,000 appropriated in fiscal year 2007 
     for ``border security fencing, technology, and 
     infrastructure'' and the $1,000,000,000 appropriated under 
     this Act under the heading ``Border Security Fencing, 
     Infrastructure, and Technology'';
       (4) the total cost and average cost per mile to construct 
     the 700 linear miles (854 topographical miles) of fencing on 
     the southern border required to be constructed under section 
     102(b) of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996, as amended by section 3 of the 
     Secure Fence Act of 2006 (Public Law 109-367);
       (5) the total cost and average cost per mile to construct 
     the fencing described in paragraph (4) if the double layer 
     fencing requirement were eliminated; and
       (6) the number of miles of single layer fencing, if fencing 
     were not accompanied by additional technology and 
     infrastructure such as cameras, sensors, and roads, which 
     could be built with the $1,187,000,000 appropriated in fiscal 
     year 2007 for ``border security fencing, technology, and 
     infrastructure'' and the $1,000,000,000 appropriated under 
     this Act under the heading ``Border Security Fencing, 
     Infrastructure, and Technology''.
       (b) Submission of Report.--Not later than 1 year after the 
     date of the enactment of this Act, the Comptroller General 
     shall submit a report on the results of the study conducted 
     pursuant to subsection (a) to--
       (1) the Committee on Appropriations of the Senate;
       (2) the Committee on the Judiciary of the Senate;
       (3) the Committee on Appropriations of the House of 
     Representatives; and
       (4) the Committee on the Judiciary of the House of 
     Representatives.
       Sec. 561. Sense of Senate on Immigration.--(a) Findings.--
     The Senate makes the following findings:
       (1) On June 28th, 2007, the Senate, by a vote of 46 to 53, 
     rejected a motion to invoke cloture on a bill to provide for 
     comprehensive immigration reform.
       (2) Illegal immigration remains the top domestic issue in 
     the United States.
       (3) The people of the United States continue to feel the 
     effects of a failed immigration system on a daily basis, and 
     they have not forgotten that Congress and the President have 
     a duty to address the issue of illegal immigration and the 
     security of the international borders of the United States.
       (4) People from across the United States have shared with 
     members of the Senate their wide ranging and passionate 
     opinions on how best to reform the immigration system.
       (5) There is no consensus on an approach to comprehensive 
     immigration reform that does not first secure the 
     international borders of the United States.
       (6) There is unanimity that the Federal Government has a 
     responsibility to, and immediately should, secure the 
     international borders of the United States.
       (7) Border security is an integral part of national 
     security.
       (8) The greatest obstacle the Federal Government faces with 
     respect to the people of the United States is a lack of trust 
     that the Federal Government will secure the international 
     borders of the United States.
       (9) This lack of trust is rooted in the past failures of 
     the Federal Government to uphold and enforce immigration laws 
     and the failure of the Federal Government to secure the 
     international borders of the United States.
       (10) Failure to uphold and enforce immigration laws has 
     eroded respect for those laws and eliminated the faith of the 
     people of the United States in the ability of their elected 
     officials to responsibly administer immigration programs.
       (11) It is necessary to regain the trust of the people of 
     the United States in the competency of the Federal Government 
     to enforce immigration laws and manage the immigration 
     system.
       (12) Securing the borders of the United States would serve 
     as a starting point to begin to address other issues 
     surrounding immigration reform on which there is not 
     consensus.
       (13) Congress has not fully funded some interior and border 
     security activities that it has authorized.
       (14) The President of the United States can initiate 
     emergency spending by designating certain spending as 
     ``emergency spending'' in a request to the Congress.
       (15) The lack of security on the international borders of 
     the United States rises to the level of an emergency.
       (16) The Border Patrol are apprehending some, but not all, 
     individuals from countries that the Secretary of State has 
     determined have repeatedly provided support for acts of 
     international terrorism who cross or attempt to cross 
     illegally into the United States.
       (17) The Federal Bureau of Investigation is investigating a 
     human smuggling ring that has been bringing Iraqis and other 
     Middle Eastern individuals across the international borders 
     of the United States.

[[Page H9245]]

       (b) Sense of Senate.--It is the sense of Senate that--
       (1) the Federal Government should work to regain the trust 
     of the people of the United States in its ability of the 
     Federal Government to secure the international borders of the 
     United States;
       (2) in order to restore the credibility of the Federal 
     Government on this critical issue, the Federal Government 
     should prove its ability to enforce immigration laws by 
     taking actions such as securing the border, stopping the flow 
     of illegal immigrants and drugs into the United States, and 
     creating a tamper-proof biometric identification card for 
     foreign workers; and
       (3) the President should request emergency spending that 
     fully funds--
       (A) existing interior and border security authorizations 
     that have not been funded by Congress; and
       (B) the border and interior security initiatives contained 
     in the bill to provide for comprehensive immigration reform 
     and for other purposes (S. 1639) introduced in the Senate on 
     June 18, 2007.
       Sec. 562. Ensuring the Safety of Agricultural Imports.--(a) 
     Findings.--Congress makes the following findings:
       (1) The Food and Drug Administration, as part of its 
     responsibility to ensure the safety of food and other 
     imports, maintains a presence at 91 of the 320 points of 
     entry into the United States.
       (2) United States Customs and Border Protection personnel 
     are responsible for monitoring imports and alerting the Food 
     and Drug Administration to suspicious material entering the 
     United States at the remaining 229 points of entry.
       (b) Report.--The Commissioner of U.S. Customs and Border 
     Protection shall submit a report to Congress that describes 
     the training of U.S. Customs and Border Protection personnel 
     to effectively assist the Food and Drug Administration in 
     monitoring our Nation's food supply.
       Sec. 563. (a) Study on Implementation of Voluntary 
     Provision of Emergency Services Program.--
       (1) Not later than 180 days after the date of the enactment 
     of this Act, the Administrator of the Transportation Security 
     Administration shall conduct a study on the implementation of 
     the voluntary provision of emergency services program 
     established pursuant to section 44944(a) of title 49, United 
     States Code (referred to in this section as the ``program'').
       (2) As part of the study required by paragraph (1), the 
     Administrator shall assess the following:
       (A) Whether training protocols established by air carriers 
     and foreign air carriers include training pertinent to the 
     program and whether such training is effective for purposes 
     of the program.
       (B) Whether employees of air carriers and foreign air 
     carriers responsible for implementing the program are 
     familiar with the provisions of the program.
       (C) The degree to which the program has been implemented in 
     airports.
       (D) Whether a helpline or other similar mechanism of 
     assistance provided by an air carrier, foreign air carrier, 
     or the Transportation Security Administration should be 
     established to provide assistance to employees of air 
     carriers and foreign air carriers who are uncertain of the 
     procedures of the program.
       (3) In making the assessment required by paragraph (2)(C), 
     the Administrator may make use of unannounced interviews or 
     other reasonable and effective methods to test employees of 
     air carriers and foreign air carriers responsible for 
     registering law enforcement officers, firefighters, and 
     emergency medical technicians as part of the program.
       (4)(A) Not later than 60 days after the completion of the 
     study required by paragraph (1), the Administrator shall 
     submit to Congress a report on the findings of such study.
       (B) The Administrator shall make such report available to 
     the public by Internet web site or other appropriate method.
       (b) Publication of Report Previously Submitted.--The 
     Administrator shall make available to the public on the 
     Internet web site of the Transportation Security 
     Administration or the Department of Homeland Security the 
     report required by section 554(b) of the Department of 
     Homeland Security Appropriations Act, 2007 (Public Law 109-
     295).
       (c) Mechanism for Reporting Problems.--The Administrator 
     shall develop a mechanism on the Internet web site of the 
     Transportation Security Administration or the Department of 
     Homeland Security by which first responders may report 
     problems with or barriers to volunteering in the program. 
     Such mechanism shall also provide information on how to 
     submit comments related to volunteering in the program.
       (d) Air Carrier and Foreign Air Carrier Defined.--In this 
     section, the terms ``air carrier'' and ``foreign air 
     carrier'' have the meaning given such terms in section 40102 
     of title 49, United States Code.
       Sec. 564. 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 the contractor or grantee has no 
     unpaid Federal tax assessments, that the contractor or 
     grantee has entered into an installment agreement or offer in 
     compromise that has been accepted by the IRS to resolve any 
     unpaid Federal tax assessments, or, in the case of unpaid 
     Federal tax assessments other than for income, estate, and 
     gift taxes, that the liability for the unpaid assessments is 
     the subject of a non-frivolous administrative or judicial 
     appeal. For purposes of the preceding sentence, the 
     certification requirement of part 52.209-5 of the Federal 
     Acquisition Regulation shall also include a requirement for a 
     certification by a prospective contractor of whether, within 
     the three-year period preceding the offer for the contract, 
     the prospective contractor--
       (1) has or has not been convicted of or had a civil 
     judgment or other judicial determination rendered against the 
     contractor for violating any tax law or failing to pay any 
     tax;
       (2) has or has not been notified of any delinquent taxes 
     for which the liability remains unsatisfied; or
       (3) has or has not received a notice of a tax lien filed 
     against the contractor for which the liability remains 
     unsatisfied or for which the lien has not been released.
       Sec. 565. Transportation Facility Access Control Programs.
       The Secretary of Homeland Security shall work with 
     appropriate officials of Florida and of other States to 
     resolve the differences between the Transportation Worker 
     Identification Credential program administered by the 
     Transportation Security Administration and existing State 
     transportation facility access control programs.
       Sec. 566. None of the funds made available in this Act may 
     be used for planning, testing, piloting, or developing a 
     national identification card.
       Sec. 567. Additional Assistance for Preparation of Plans.
       Subparagraph (L) of section 33(b)(3) of the Federal Fire 
     Prevention and Control Act of 1974 (15 U.S.C. 2229(b)(3)) is 
     amended to read as follows:
       ``(L) To fund fire prevention programs, including planning 
     and preparation for wildland fires.''.
       Sec. 568. Sense of Congress. It is the sense of Congress 
     that sufficient funds should be appropriated to allow the 
     Secretary to increase the number of personnel of U.S. Customs 
     and Border Protection protecting the northern border by 1,517 
     officers and 788 agents, as authorized by--
       (1) section 402 of the Uniting and Strengthening America by 
     Providing Appropriate Tools Required to Intercept and 
     Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (Public Law 
     107-56);
       (2) section 331 of the Trade Act of 2002 (Public Law 107-
     210); and
       (3) section 5202 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (Public Law 108-458).
       Sec. 569. Study of Radio Communications Along the 
     International Borders of the United States.--(a) In 
     General.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Homeland Security 
     shall conduct a study to determine the areas along the 
     international borders of the United States where Federal and 
     State law enforcement officers are unable to achieve radio 
     communication or where radio communication is inadequate.
       (b) Development of Plan.--
       (1) In general.--Upon the conclusion of the study described 
     in subsection (a), the Secretary shall develop a plan for 
     enhancing radio communication capability along the 
     international borders of the United States.
       (2) Contents.--The plan developed under paragraph (1) shall 
     include--
       (A) an estimate of the costs required to implement the 
     plan; and
       (B) a description of the ways in which Federal, State, and 
     local law enforcement officers could benefit from the 
     implementation of the plan.
       Sec. 570. Of the funds provided under this Act or any other 
     Act to United States Citizenship and Immigration Services, 
     not less than $1,000,000 shall be provided for a benefits 
     fraud assessment of the H-1B Visa Program.
       Sec. 571. (a) Report on Interagency Operational Centers for 
     Port Security.--Not later than 180 days after the date of the 
     enactment of this Act, the Commandant of the Coast Guard 
     shall submit to Congress a report, and make the report 
     available on its website, on the implementation and use of 
     interagency operational centers for port security under 
     section 70107A of title 46, United States Code.
       (b) Elements.--The report required by subsection shall 
     include the following:
       (1) A detailed description of the progress made in 
     transitioning Project Seahawk in Charleston, South Carolina, 
     from the Department of Justice to the Coast Guard, including 
     all projects and equipment associated with that project.
       (2) A detailed description of that actions being taken to 
     assure the integrity of Project Seahawk and ensure there is 
     no loss in cooperation between the agencies specified in 
     section 70107A(b)(3) of title 46, United State Code.
       (3) A detailed description and explanation of any changes 
     in Project Seahawk as of the date of the report, including 
     any changes in Federal, State, or local staffing of that 
     project.
       Sec. 572. (a) The amount appropriated by title III for 
     necessary expenses for programs authorized by the Federal 
     Fire Prevention and Control Act of 1974 under the heading 
     ``firefighter assistance grants'' is hereby increased by 
     $5,000,000 for necessary expenses to carry out the programs 
     authorized under section 34 of that Act (15 U.S.C. 2229a).
       (b) The amount appropriated by title III under the heading 
     ``infrastructure protection and information security'' is 
     hereby reduced by $5,000,000.
       Sec. 573. TSA Acquisition Management Policy. (a) In 
     General.--Section 114 of title 49, United States Code, is 
     amended by striking subsection (o) and redesignating 
     subsections (p) through (t) as subsections (o) through (s), 
     respectively.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect 180 days after the date of enactment of 
     this Act.
       Sec. 574. Report on Urban Area Security Initiative. Not 
     later than 180 days after the

[[Page H9246]]

     date of enactment of this Act, the Government Accountability 
     Office shall submit a report to the appropriate congressional 
     committees which describes the criteria and factors the 
     Department of Homeland Security uses to determine the 
     regional boundaries for Urban Area Security Initiative 
     regions, including a determination if the Department is 
     meeting its goal to implement a regional approach with 
     respect to Urban Area Security Initiative regions, and 
     provides recommendations for how the Department can better 
     facilitate a regional approach for Urban Area Security 
     Initiative regions.
       Sec. 575. (a) In this section:
       (1) The term ``covered funds'' means funds provided under 
     section 173 of the Workforce Investment Act of 1998 (29 
     U.S.C. 2918) to a State that submits an application under 
     that section not earlier than May 4, 2007, for a national 
     emergency grant to address the effects of the May 4, 2007, 
     Greensburg, Kansas tornado.
       (2) The term ``professional municipal services'' means 
     services that are necessary to facilitate the recovery of 
     Greensburg, Kansas from that tornado, and necessary to plan 
     for or provide basic management and administrative services, 
     which may include--
       (A) the overall coordination of disaster recovery and 
     humanitarian efforts, oversight, and enforcement of building 
     code compliance, and coordination of health and safety 
     response units; or
       (B) the delivery of humanitarian assistance to individuals 
     affected by that tornado.
       (b) Covered funds may be used to provide temporary public 
     sector employment and services authorized under section 173 
     of such Act to individuals affected by such tornado, 
     including individuals who were unemployed on the date of the 
     tornado, or who are without employment history, in addition 
     to individuals who are eligible for disaster relief 
     employment under section 173(d)(2) of such Act.
       (c) Covered funds may be used to provide professional 
     municipal services for a period of not more than 24 months, 
     by hiring or contracting with individuals or organizations 
     (including individuals employed by contractors) that the 
     State involved determines are necessary to provide 
     professional municipal services.
       (d) Covered funds expended under this section may be spent 
     on costs incurred not earlier than May 4, 2007.
       Sec. 576. Data Relating to Declarations of a Major 
     Disaster. (a) In General.--Notwithstanding any other 
     provision of this Act, except as provided in subsection (b), 
     and 30 days after the date that the President determines 
     whether to declare a major disaster because of an event and 
     any appeal is completed, the Administrator shall submit to 
     the Committee on Homeland Security and Governmental Affairs 
     of the Senate and the Committee on Homeland Security of the 
     House of Representatives, and the Senate Committee on 
     Appropriations, and publish on the website of the Federal 
     Emergency Management Agency, a report regarding that 
     decision, which shall summarize damage assessment information 
     used to determine whether to declare a major disaster.
       (b) Exception.--The Administrator may redact from a report 
     under subsection (a) any data that the Administrator 
     determines would compromise national security.
       (c) Definitions.--In this section--
       (1) the term ``Administrator'' means the Administrator of 
     the Federal Emergency Management Agency; and
       (2) the term ``major disaster'' has the meaning given that 
     term in section 102 of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5122).
       Sec. 577. National Transportation Security Center of 
     Excellence.--If the Secretary of Homeland Security 
     establishes a National Transportation Security Center of 
     Excellence to conduct research and education activities, and 
     to develop or provide professional security training, 
     including the training of transportation employees and 
     transportation professionals, the Mineta Transportation 
     Institute at San Jose State University may be included as a 
     member institution of such Center.
       Sec. 578.  Of amounts appropriated under section 1003, 
     $100,000,000, with $50,000,000 each to the Cities of Denver, 
     Colorado, and St. Paul, Minnesota, shall be available for 
     State and local law enforcement entities for security and 
     related costs, including overtime, associated with the 
     Democratic National Conventional and Republican National 
     Convention in 2008. Amounts provided by this section are 
     designated as an emergency requirement pursuant to section 
     204 of S. Con. Res. 21 (110th Congress).

              TITLE VI--BORDER LAW ENFORCEMENT RELIEF ACT

       Sec. 601. Short Title.
       This title may be cited as the ``Border Law Enforcement 
     Relief Act of 2007''.
       Sec. 602. Border Relief Grant Program.
       (a) Grants Authorized.--
       (1) In general.--The Secretary is authorized to award 
     grants, subject to the availability of appropriations, to an 
     eligible law enforcement agency to provide assistance to such 
     agency to address--
       (A) criminal activity that occurs in the jurisdiction of 
     such agency by virtue of such agency's proximity to the 
     United States border; and
       (B) the impact of any lack of security along the United 
     States border.
       (2) Duration.--Grants may be awarded under this subsection 
     during fiscal years 2008 through 2012.
       (3) Competitive basis.--The Secretary shall award grants 
     under this subsection on a competitive basis, except that the 
     Secretary shall give priority to applications from any 
     eligible law enforcement agency serving a community--
       (A) with a population of less than 50,000; and
       (B) located no more than 100 miles from a United States 
     border with--
       (i) Canada; or
       (ii) Mexico.
       (b) Use of Funds.--Grants awarded pursuant to subsection 
     (a) may only be used to provide additional resources for an 
     eligible law enforcement agency to address criminal activity 
     occurring along any such border, including--
       (1) to obtain equipment;
       (2) to hire additional personnel;
       (3) to upgrade and maintain law enforcement technology;
       (4) to cover operational costs, including overtime and 
     transportation costs; and
       (5) such other resources as are available to assist that 
     agency.
       (c) Application.--
       (1) In general.--Each eligible law enforcement agency 
     seeking a grant under this section shall submit an 
     application to the Secretary at such time, in such manner, 
     and accompanied by such information as the Secretary may 
     reasonably require.
       (2) Contents.--Each application submitted pursuant to 
     paragraph (1) shall--
       (A) describe the activities for which assistance under this 
     section is sought; and
       (B) provide such additional assurances as the Secretary 
     determines to be essential to ensure compliance with the 
     requirements of this section.
       (d) Definitions.--For the purposes of this section:
       (1) Eligible law enforcement agency.--The term ``eligible 
     law enforcement agency'' means a tribal, State, or local law 
     enforcement agency--
       (A) located in a county no more than 100 miles from a 
     United States border with--
       (i) Canada; or
       (ii) Mexico; or
       (B) located in a county more than 100 miles from any such 
     border, but where such county has been certified by the 
     Secretary as a High Impact Area.
       (2) High impact area.--The term ``High Impact Area'' means 
     any county designated by the Secretary as such, taking into 
     consideration--
       (A) whether local law enforcement agencies in that county 
     have the resources to protect the lives, property, safety, or 
     welfare of the residents of that county;
       (B) the relationship between any lack of security along the 
     United States border and the rise, if any, of criminal 
     activity in that county; and
       (C) any other unique challenges that local law enforcement 
     face due to a lack of security along the United States 
     border.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Department of Homeland Security.
       (e) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated 
     $50,000,000 for each of fiscal years 2008 through 2012 to 
     carry out the provisions of this section.
       (2) Division of authorized funds.--Of the amounts 
     authorized under paragraph (1)--
       (A) \2/3\ shall be set aside for eligible law enforcement 
     agencies located in the 6 States with the largest number of 
     undocumented alien apprehensions; and
       (B) \1/3\ shall be set aside for areas designated as a High 
     Impact Area under subsection (d).
       (f) Supplement Not Supplant.--Amounts appropriated for 
     grants under this section shall be used to supplement and not 
     supplant other State and local public funds obligated for the 
     purposes provided under this title.
       Sec. 603. Enforcement of Federal Immigration Law.
       Nothing in this title shall be construed to authorize State 
     or local law enforcement agencies or their officers to 
     exercise Federal immigration law enforcement authority.

     TITLE VII--BORDER INFRASTRUCTURE AND TECHNOLOGY MODERNIZATION

       Sec. 701. Short Title.
       This title may be cited as the ``Border Infrastructure and 
     Technology Modernization Act of 2007''.
       Sec. 702. Definitions.--In this title:
       (1) Commissioner.--The term ``Commissioner'' means the 
     Commissioner of United States Customs and Border Protection 
     of the Department of Homeland Security.
       (2) Maquiladora.--The term ``maquiladora'' means an entity 
     located in Mexico that assembles and produces goods from 
     imported parts for export to the United States.
       (3) Northern border.--The term ``northern border'' means 
     the international border between the United States and 
     Canada.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (5) Southern border.--The term ``southern border'' means 
     the international border between the United States and 
     Mexico.
       Sec. 703. Hiring and Training of Border and Transportation 
     Security Personnel.--(a) Officers and Agents.--
       (1) Increase in officers and agents.--Subject to the 
     availability of appropriations, during each of fiscal years 
     2009 through 2013, the Secretary shall--
       (A) increase the number of full-time agents and associated 
     support staff in United States Immigration and Customs 
     Enforcement of the Department of Homeland Security by the 
     equivalent of at least 100 more than the number of such 
     employees as of the end of the preceding fiscal year; and
       (B) increase the number of full-time officers, agricultural 
     specialists, and associated support staff in United States 
     Customs and Border Protection by the equivalent of at least 
     200 more than the number of such employees as of the end of 
     the preceding fiscal year.
       (2) Waiver of fte limitation.--The Secretary is authorized 
     to waive any limitation on the number of full-time equivalent 
     personnel assigned to the Department of Homeland Security to 
     fulfill the requirements of paragraph (1).

[[Page H9247]]

       (b) Training.--As necessary, the Secretary, acting through 
     the Assistant Secretary for the United States Immigration and 
     Customs Enforcement and the Commissioner, shall provide 
     appropriate training for agents, officers, agricultural 
     specialists, and associated support staff of the Department 
     of Homeland Security to utilize new technologies and to 
     ensure that the proficiency levels of such personnel are 
     acceptable to protect the borders of the United States.
       Sec. 704. Port of Entry Infrastructure Assessment Study.--
     (a) Requirement To Update.--Not later than January 31 of 
     every other year, the Commissioner, in consultation with the 
     Administrator of General Services shall--
       (1) review--
       (A) the Port of Entry Infrastructure Assessment Study 
     prepared by the United States Customs Service, the 
     Immigration and Naturalization Service, and the General 
     Services Administration in accordance with the matter 
     relating to the ports of entry infrastructure assessment set 
     forth in the joint explanatory statement on page 67 of 
     conference report 106-319, accompanying Public Law 106-58; 
     and
       (B) the nationwide strategy to prioritize and address the 
     infrastructure needs at the land ports of entry prepared by 
     the Department of Homeland Security and the General Services 
     Administration in accordance with the committee 
     recommendations on page 22 of Senate report 108-86, 
     accompanying Public Law 108-90;
       (2) update the assessment of the infrastructure needs of 
     all United States land ports of entry; and
       (3) submit an updated assessment of land port of entry 
     infrastructure needs to Congress.
       (b) Consultation.--In preparing the updated studies 
     required under subsection (a), the Commissioner and the 
     Administrator of General Services shall consult with the 
     Director of the Office of Management and Budget, the 
     Secretary, and affected State and local agencies on the 
     northern and southern borders of the United States.
       (c) Content.--Each updated study required in subsection (a) 
     shall--
       (1) identify port of entry infrastructure and technology 
     improvement projects that would enhance border security and 
     facilitate the flow of legitimate commerce if implemented;
       (2) include the projects identified in the National Land 
     Border Security Plan required by section 805; and
       (3) prioritize the projects described in paragraphs (1) and 
     (2) based on the ability of a project--
       (A) to enhance the ability of United States Customs and 
     Border Protection to achieve its mission and to support 
     operations;
       (B) to fulfill security requirements; and
       (C) facilitate trade across the borders of the United 
     States.
       (d) Project Implementation.--The Commissioner, as 
     appropriate, shall--
       (1) implement the infrastructure and technology improvement 
     projects described in subsection (c) in the order of priority 
     assigned to each project under subsection (c)(3); or
       (2) forward the prioritized list of infrastructure and 
     technology improvement projects to the Administrator of 
     General Services for implementation in the order of priority 
     assigned to each project under subsection (c)(3).
       (e) Divergence From Priorities.--The Commissioner may 
     diverge from the priority order if the Commissioner 
     determines that significantly changed circumstances, 
     including immediate security needs, changes in infrastructure 
     in Mexico or Canada, or similar concerns, compellingly alter 
     the need for a project in the United States.
       Sec. 705. National Land Border Security Plan.--(a) 
     Requirement for Plan.--Not later than January 31 of every 
     other year, the Secretary, acting through the Commissioner, 
     shall prepare a National Land Border Security Plan and submit 
     such plan to Congress.
       (b) Consultation.--In preparing the plan required under 
     subsection (a), the Commissioner shall consult with other 
     appropriate Federal agencies, State and local law enforcement 
     agencies, and private entities that are involved in 
     international trade across the northern or southern border.
       (c) Vulnerability Assessment.--
       (1) In general.--The plan required under subsection (a) 
     shall include a vulnerability, risk, and threat assessment of 
     each port of entry located on the northern border or the 
     southern border.
       (2) Port security coordinators.--The Secretary, acting 
     through the Commissioner, may establish 1 or more port 
     security coordinators at each port of entry located on the 
     northern border or the southern border--
       (A) to assist in conducting a vulnerability assessment at 
     such port; and
       (B) to provide other assistance with the preparation of the 
     plan required under subsection (a).
       (d) Coordination with the Secure Border Initiative.--The 
     plan required under subsection (a) shall include a 
     description of activities undertaken during the previous year 
     as part of the Secure Border Initiative and actions planned 
     for the coming year as part of the Secure Border Initiative.
       Sec. 706. Expansion of Commerce Security Programs.--(a) 
     Commerce Security Programs.--(1) In general.--Not later than 
     1 year after the date of the enactment of this Act, the 
     Commissioner, in consultation with the Secretary, shall 
     develop a plan to expand the size and scope, including 
     personnel needs, of the Customs-Trade Partnership Against 
     Terrorism program or other voluntary programs involving 
     government entities and the private sector to strengthen and 
     improve the overall security of the international supply 
     chain and security along the northern and southern border of 
     the United States.
       (2) Southern Border Supply Chain Security.--Not later than 
     1 year after the date of enactment of this Act, the 
     Commissioner shall provide Congress with a plan to improve 
     supply chain security along the southern border, including, 
     where appropriate, plans to implement voluntary programs 
     involving government entities and the private sector to 
     strengthen and improve the overall security of the 
     international supply chain that have been successfully 
     implemented on the northern border.
       Sec. 707. Port of Entry Technology Demonstration Program. 
     (a) Establishment.--The Secretary, acting through the 
     Commissioner, shall carry out a technology demonstration 
     program to test and evaluate new port of entry technologies, 
     refine port of entry technologies and operational concepts, 
     and train personnel under realistic conditions.
       (b) Technology and Facilities.--
       (1) Technology tested.--Under the demonstration program, 
     the Commissioner shall test technologies that enhance port of 
     entry operations, including those related to inspections, 
     communications, port tracking, identification of persons and 
     cargo, sensory devices, personal detection, decision support, 
     and the detection and identification of weapons of mass 
     destruction.
       (2) Facilities developed.--At a demonstration site selected 
     pursuant to subsection (c)(3), the Commissioner shall develop 
     any facilities needed to provide appropriate training to 
     Federal law enforcement personnel who have responsibility for 
     border security, including cross-training among agencies, 
     advanced law enforcement training, and equipment orientation 
     to the extent that such training is not being conducted at 
     existing Federal facilities.
       (c) Demonstration Sites.--
       (1) Number.--The Commissioner shall carry out the 
     demonstration program at not less than 3 sites and not more 
     than 5 sites.
       (2) Location.--Of the sites selected under subsection (c)--
       (A) at least 1 shall be located on the northern border of 
     the United States; and
       (B) at least 1 shall be located on the southern border of 
     the United States.
       (3) Selection criteria.--To ensure that 1 of the facilities 
     selected as a port of entry demonstration site for the 
     demonstration program has the most up-to-date design, 
     contains sufficient space to conduct the demonstration 
     program, has a traffic volume low enough to easily 
     incorporate new technologies without interrupting normal 
     processing activity, and can efficiently carry out 
     demonstration and port of entry operations, 1 port of entry 
     selected as a demonstration site may--
       (A) have been established not more than 15 years before the 
     date of the enactment of this Act;
       (B) consist of not less than 65 acres, with the possibility 
     of expansion onto not less than 25 adjacent acres; and
       (C) have serviced an average of not more than 50,000 
     vehicles per month during the 12 months preceding the date of 
     the enactment of this Act.
       (d) Relationship With Other Agencies.--The Secretary, 
     acting through the Commissioner, shall permit personnel from 
     appropriate Federal agencies to utilize a demonstration site 
     described in subsection (c) to test technologies that enhance 
     port of entry operations, including those related to 
     inspections, communications, port tracking, identification of 
     persons and cargo, sensory devices, personal detection, 
     decision support, and the detection and identification of 
     weapons of mass destruction.
       (e) Report.--
       (1) Requirement.--Not later than 1 year after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary shall submit to Congress a report on the activities 
     carried out at each demonstration site under the technology 
     demonstration program established under this section.
       (2) Content.--The report shall include an assessment by the 
     Commissioner of the feasibility of incorporating any 
     demonstrated technology for use throughout United States 
     Customs and Border Protection.
       Sec. 708. Authorization of Appropriations. (a) In 
     General.--In addition to any funds otherwise available, there 
     are authorized to be appropriated such sums as may be 
     necessary to carry out sections 703, 704, 705, 706, and 707 
     for fiscal years 2009 through 2013.
       (b) International Agreements.--Funds authorized to be 
     appropriated under this title may be used for the 
     implementation of projects described in the Declaration on 
     Embracing Technology and Cooperation to Promote the Secure 
     and Efficient Flow of People and Commerce across our Shared 
     Border between the United States and Mexico, agreed to March 
     22, 2002, Monterrey, Mexico (commonly known as the Border 
     Partnership Action Plan) or the Smart Border Declaration 
     between the United States and Canada, agreed to December 12, 
     2001, Ottawa, Canada that are consistent with the provisions 
     of this title.

                      DIVISION B--BORDER SECURITY

                 TITLE X--BORDER SECURITY REQUIREMENTS

       Sec. 1001. Short Title.
       This division may be cited as the ``Border Security First 
     Act of 2007''.
       Sec. 1002. Border Security Requirements.
       (a) Requirements.--Not later than 2 years after the date of 
     the enactment of this Act, the President shall ensure that 
     the following are carried out:
       (1) Operational control of the international border with 
     mexico.--The Secretary of Homeland Security shall establish 
     and demonstrate operational control of 100 percent of the 
     international land border between the United States and 
     Mexico, including the ability to monitor such border through 
     available methods and technology.
       (2) Staff enhancements for border patrol.--The United 
     States Customs and Border Protection Border Patrol shall 
     hire, train, and report for duty 23,000 full-time agents.

[[Page H9248]]

       (3) Strong border barriers.--The United States Customs and 
     Border Protection Border Patrol shall--
       (A) install along the international land border between the 
     United States and Mexico at least--
       (i) 300 miles of vehicle barriers;
       (ii) 700 linear miles of fencing as required by the Secure 
     Fence Act of 2006 (Public Law 109-367), as amended by this 
     Act; and
       (iii) 105 ground-based radar and camera towers; and
       (B) deploy for use along the international land border 
     between the United States and Mexico 4 unmanned aerial 
     vehicles, and the supporting systems for such vehicles.
       (4) Catch and return.--The Secretary of Homeland Security 
     shall detain all removable aliens apprehended crossing the 
     international land border between the United States and 
     Mexico in violation of Federal or State law, except as 
     specifically mandated by Federal or State law or humanitarian 
     circumstances, and United States Immigration and Customs 
     Enforcement shall have the resources to maintain this 
     practice, including the resources necessary to detain up to 
     45,000 aliens per day on an annual basis.
       (b) Presidential Progress Report.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, and every 90 days thereafter until the 
     requirements under subsection (a) are met, the President 
     shall submit a report to Congress detailing the progress made 
     in funding, meeting, or otherwise satisfying each of the 
     requirements described under paragraphs (1) through (4) of 
     subsection (a), including detailing any contractual 
     agreements reached to carry out such measures.
       (2) Progress not sufficient.--If the President determines 
     that sufficient progress is not being made, the President 
     shall include in the report required under paragraph (1) 
     specific funding recommendations, authorization needed, or 
     other actions that are or should be undertaken by the 
     Secretary of Homeland Security.
       Sec. 1003. Appropriations for Border Security.
       There is hereby appropriated $3,000,000,000 to satisfy the 
     requirements set out in section 1002(a) and, if any amount 
     remains after satisfying such requirements, to achieve and 
     maintain operational control over the international land and 
     maritime borders of the United States, for employment 
     eligibility verification improvements, for increased removal 
     and detention of visa overstays, criminal aliens, aliens who 
     have illegally reentered the United States, and for 
     reimbursement of State and local section 287(g) expenses. 
     These amounts are designated as an emergency requirement 
     pursuant to section 204 of S. Con. Res. 21 (110th Congress).
       This Act may be cited as the ``Department of Homeland 
     Security Appropriations Act, 2008''.


                       Motion Offered by Mr. Obey

  Mr. OBEY. Mr. Speaker, I offer the motion at the desk.
  The SPEAKER pro tempore. The Clerk will designate the motion.
  The text of the motion is as follows:

       Mr. Obey moves that the House concur in the Senate 
     amendment H.R. 2638 with an amendment.

  The text of the House amendment is as follows:
       In lieu of the matter proposed to be inserted by the Senate 
     amendment, insert the following:

     SECTION 1. SHORT TITLE.

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

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

DIVISION A--CONTINUING APPROPRIATIONS RESOLUTION, 2009
DIVISION B--DISASTER RELIEF AND RECOVERY SUPPLEMENTAL APPROPRIATIONS 
              ACT, 2008
DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2009
DIVISION D--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2009
DIVISION E--MILITARY CONSTRUCTION AND VETERANS AFFAIRS APPROPRIATIONS 
              ACT, 2009

     SEC. 3. REFERENCES.

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

     SEC. 4. EXPLANATORY STATEMENT.

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

         DIVISION A--CONTINUING APPROPRIATIONS RESOLUTION, 2009

        The following sums are hereby appropriated, out of any 
     money in the Treasury not otherwise appropriated, and out of 
     applicable corporate or other revenues, receipts, and funds, 
     for the several departments, agencies, corporations, and 
     other organizational units of Government for fiscal year 
     2009, and for other purposes, namely:
       Sec. 101.  Such amounts as may be necessary, at a rate for 
     operations as provided in the applicable appropriations Acts 
     for fiscal year 2008 and under the authority and conditions 
     provided in such Acts, for continuing projects or activities 
     (including the costs of direct loans and loan guarantees) 
     that are not otherwise specifically provided for in this 
     joint resolution, that were conducted in fiscal year 2008, 
     and for which appropriations, funds, or other authority were 
     made available in the following appropriations Acts: 
     divisions A, B, C, D, F, G, H, J, and K of the Consolidated 
     Appropriations Act, 2008 (Public Law 110-161).
       Sec. 102.  Rates for operations shall be calculated under 
     section 101 without regard to any amount designated in the 
     applicable appropriations Acts for fiscal year 2008 as an 
     emergency requirement or necessary to meet emergency needs 
     pursuant to any concurrent resolution on the budget, other 
     than the following amounts:
       (1) $150,000,000 provided in Public Law 110-252 for 
     ``Department of Health and Human Services--Food and Drug 
     Administration--Salaries and Expenses''.
       (2) $143,539,000 provided in division B of Public Law 110-
     161 for ``Department of Justice--Federal Bureau of 
     Investigation--Salaries and Expenses''.
       (3) $110,000,000 provided in Public Law 110-252 for 
     ``Department of Labor--Employment and Training 
     Administration--State Unemployment Insurance and Employment 
     Service Operations'', without regard to the dates specified 
     under such heading.
       (4) $272,000,000 of the $575,000,000 provided in division J 
     of Public Law 110-161 for ``Department of State--
     Administration of Foreign Affairs--Diplomatic and Consular 
     Programs'' in the first paragraph under such heading, and 
     $206,632,000 provided in the last paragraph under such 
     heading.
       (5) $76,700,000 provided in subchapter A of chapter 4 of 
     title I of Public Law 110-252 for ``Department of State--
     Administration of Foreign Affairs--Embassy Security, 
     Construction, and Maintenance''.
       Sec. 103.  Appropriations made by section 101 shall be 
     available to the extent and in the manner that would be 
     provided by the pertinent appropriations Act.
       Sec. 104.  No appropriation or funds made available or 
     authority granted pursuant to section 101 shall be used to 
     initiate or resume any project or activity for which 
     appropriations, funds, or other authority were not available 
     during fiscal year 2008.
       Sec. 105.  Appropriations made and authority granted 
     pursuant to this joint resolution shall cover all obligations 
     or expenditures incurred for any project or activity during 
     the period for which funds or authority for such project or 
     activity are available under this joint resolution.
       Sec. 106.  Unless otherwise provided for in this joint 
     resolution or in the applicable appropriations Act for fiscal 
     year 2009, appropriations and funds made available and 
     authority granted pursuant to this joint resolution shall be 
     available until whichever of the following first occurs: (1) 
     the enactment into law of an appropriation for any project or 
     activity provided for in this joint resolution; (2) the 
     enactment into law of the applicable appropriations Act for 
     fiscal year 2009 without any provision for such project or 
     activity; or (3) March 6, 2009.
       Sec. 107.  Expenditures made pursuant to this joint 
     resolution shall be charged to the applicable appropriation, 
     fund, or authorization whenever a bill in which such 
     applicable appropriation, fund, or authorization is contained 
     is enacted into law.
       Sec. 108.  Appropriations made and funds made available by 
     or authority granted pursuant to this joint resolution may be 
     used without regard to the time limitations for submission 
     and approval of apportionments set forth in section 1513 of 
     title 31, United States Code, but nothing in this joint 
     resolution may be construed to waive any other provision of 
     law governing the apportionment of funds.
       Sec. 109.  Notwithstanding any other provision of this 
     joint resolution, except section 106, for those programs that 
     would otherwise have high initial rates of operation or 
     complete distribution of appropriations at the beginning of 
     fiscal year 2009 because of distributions of funding to 
     States, foreign countries, grantees, or others, such high 
     initial rates of operation or complete distribution shall not 
     be made, and no grants shall be awarded for such programs 
     funded by this joint resolution that would impinge on final 
     funding prerogatives.
       Sec. 110.  This joint resolution shall be implemented so 
     that only the most limited funding action of that permitted 
     in the joint resolution shall be taken in order to provide 
     for continuation of projects and activities.
       Sec. 111. (a) For entitlements and other mandatory payments 
     whose budget authority was provided in appropriations Acts 
     for fiscal year 2008, and for activities under the Food and 
     Nutrition Act of 2008, activities shall be continued at the 
     rate to maintain program levels under current law, under the 
     authority and conditions provided in the applicable 
     appropriations Act for fiscal year 2008, to be continued 
     through the date specified in section 106(3).
       (b) Notwithstanding section 106, obligations for mandatory 
     payments due on or about the first day of any month that 
     begins after October 2008 but not later than 30 days after 
     the date specified in section 106(3) may continue to be made, 
     and funds shall be available for such payments.
       Sec. 112.  Amounts made available under section 101 for 
     civilian personnel compensation and benefits in each 
     department and agency may be apportioned up to the rate for 
     operations necessary to avoid furloughs within such 
     department or agency, consistent with the applicable 
     appropriations

[[Page H9249]]

     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.

[[Page H9250]]

       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.

[[Page H9251]]

       (b) The amount provided by this section is designated as an 
     emergency requirement and necessary to meet emergency needs 
     pursuant to section 204(a) of S. Con. Res. 21 (110th 
     Congress) and section 301(b)(2) of S. Con. Res. 70 (110th 
     Congress), the concurrent resolutions on the budget for 
     fiscal years 2008 and 2009.
       Sec. 161.  The authority provided by section 1603(a) of 
     Public Law 109-234 shall continue in effect through the date 
     specified in section 106(3) of this joint resolution.
       Sec. 162.  Notwithstanding section 235(a)(2) of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2195(a)(2)), the authority 
     of subsections (a) through (c) of section 234 of such Act 
     shall remain in effect through the date specified in section 
     106(3) of this joint resolution.
       Sec. 163.  Notwithstanding any other provision of this 
     joint resolution, up to $5,000,000 of the amounts 
     appropriated under the heading ``Other Bilateral Economic 
     Assistance--Department of the Treasury--Debt Restructuring'' 
     in Public Law 109-102, in such Act as made applicable to 
     fiscal year 2007 by the Continuing Appropriations Resolution, 
     2007 (as amended by Public Law 110-5), and in title III of 
     division J of Public Law 110-161, may be used to assist 
     Liberia in buying back its commercial debt through the Debt 
     Reduction Facility of the International Development 
     Association.
       Sec. 164.  The first proviso under the heading ``Department 
     of State--Migration and Refugee Assistance'' in title III of 
     division J of Public Law 110-161 shall not apply to amounts 
     provided by this joint resolution.
       Sec. 165.  Notwithstanding section 101 of this joint 
     resolution, the number in the third proviso under the heading 
     ``Military Assistance--Funds Appropriated to the President--
     Foreign Military Financing Program'' in title IV of division 
     J of Public Law 110-161 shall be deemed to be $670,650,000 
     and shall apply to the $2,550,000,000 made available for 
     assistance for Israel in fiscal year 2009 under the heading 
     ``Foreign Military Financing Program''.
       Sec. 166.  Notwithstanding section 101, amounts are 
     provided for ``Department of Transportation--Federal Aviation 
     Administration--Operations'' at a rate for operations of 
     $8,756,800,000, of which not less than $1,099,402,000 shall 
     be available for aviation safety activities.
       Sec. 167.  Amounts provided by section 101 for ``Department 
     of Transportation--Maritime Administration--Operations and 
     Training'' shall include amounts necessary to satisfy the 
     salaries and benefits of employees of the United States 
     Merchant Marine Academy, to be derived solely from the total 
     amount made available in this joint resolution for the United 
     States Merchant Marine Academy. The Secretary of 
     Transportation shall inform the Committees on Appropriations 
     of the House of Representatives and the Senate of salaries 
     and expenses funding obligated for personnel that had 
     heretofore not been compensated from funds made available 
     under this account.
       Sec. 168.  Notwithstanding any other provision of this 
     joint resolution, other than section 106, the Secretary of 
     Housing and Urban Development shall obligate funds provided 
     by section 101 at a rate the Secretary determines is 
     necessary to renew, in a timely manner, all section 8 
     project-based rental assistance contracts. In renewing such 
     contracts, the Secretary may provide for payments to be made 
     beyond the period covered by this joint resolution.
       Sec. 169.  Section 24(o) of the United States Housing Act 
     of 1937 (42 U.S.C. 1437v(o)) shall be applied by substituting 
     the date specified in section 106(3) of this joint resolution 
     for ``September 30, 2008''.
       Sec. 170.  Notwithstanding the limitation in the first 
     sentence of section 255(g) of the National Housing Act (12 
     U.S.C. 1715z-20(g)), the Secretary of Housing and Urban 
     Development may, until the date specified in section 106(3) 
     of this joint resolution, insure and enter into commitments 
     to insure mortgages under section 255 of such Act.
       Sec. 171.  During the period covered by this joint 
     resolution, commitments to guarantee loans insured under the 
     Mutual Mortgage Insurance Fund, as authorized by the National 
     Housing Act (12 U.S.C. 1701 et seq.), shall not exceed a loan 
     principal of $1,154,000,000 multiplied by the number of days 
     in such period.
       Sec. 172.  Notwithstanding any other provision of this 
     joint resolution, from funds made available for personnel 
     compensation and benefits or salaries and expenses under any 
     account in title II of division K of Public Law 110-161 
     (except for ``Office of Inspector General'' and ``Office of 
     Federal Housing Enterprise Oversight--Salaries and 
     Expenses''), up to $15,000,000 may be transferred to 
     ``Working Capital Fund'' for information technology needs for 
     the Federal Housing Administration.
       Sec. 173.  Amounts provided by section 101 for ``National 
     Transportation Safety Board--Salaries and Expenses'' shall 
     include amounts necessary to make lease payments due in 
     fiscal year 2009 only, on an obligation incurred in 2001 
     under a capital lease.
       Sec. 174.  The provisions of title II of the McKinney-Vento 
     Homeless Assistance Act (42 U.S.C. 11311 et seq.) shall 
     continue in effect, notwithstanding section 209 of such Act, 
     through the earlier of (1) the date specified in section 
     106(3) of this joint resolution; or (2) the date of enactment 
     of an authorization Act relating to the McKinney-Vento 
     Homeless Assistance Act.
        This division may be cited as the ``Continuing 
     Appropriations Resolution, 2009''.

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

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

          TITLE I--RELIEF AND RECOVERY FROM NATURAL DISASTERS

              CHAPTER 1--AGRICULTURE AND RURAL DEVELOPMENT

                       DEPARTMENT OF AGRICULTURE

                      Office of Inspector General

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

                     Agricultural Research Service

                        buildings and facilities

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

               Animal and Plant Health Inspection Service

                         salaries and expenses

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

                 Natural Resources Conservation Service

                 emergency watershed protection program

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

                          Farm Service Agency

                     emergency conservation program

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

                       Rural Development Programs

               rural development disaster assistance fund

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

                    GENERAL PROVISIONS, THIS CHAPTER

                     (including transfers of funds)

       Sec. 10101. (a) Rural Development Disaster Assistance 
     Fund.--Hereafter, there is established in the Treasury a fund 
     entitled the ``Rural Development Disaster Assistance Fund''.
       (b) Purpose and Availability of Fund.--Subject to 
     subsection (d), amounts in the Rural Development Disaster 
     Assistance Fund shall be available to the Secretary of 
     Agriculture, until expended, to provide additional amounts 
     for authorized activities of agencies of the Rural 
     Development Mission Area in areas affected by a disaster 
     declared by the President or the Secretary of Agriculture. 
     Amounts so provided shall be in addition to any other amounts 
     available to carry out the activity.
       (c) Waiver of Activity or Project Limitations.--The 
     Secretary of Agriculture may waive any limits on population, 
     income, or cost-sharing otherwise applicable to an activity 
     or project for which amounts in the Rural Development 
     Disaster Assistance Fund will be obligated under subsection 
     (b), except that, if the amounts proposed to be obligated in 
     connection with the disaster would exceed the amount 
     specified in subsection (h), the notification required by 
     that subsection shall include information and justification 
     with regard to any waivers to be granted under this 
     subsection.
       (d) Treatment of Certain Amounts in Fund.--Amounts 
     appropriated directly to the Rural Development Disaster 
     Assistance Fund by this Act or any subsequent Act for a 
     specific purpose shall be available only for that purpose 
     until such time as the transfer

[[Page H9252]]

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

                    CHAPTER 2--COMMERCE AND SCIENCE

                         DEPARTMENT OF COMMERCE

                  Economic Development Administration

                economic development assistance programs

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

            National Oceanic and Atmospheric Administration

                  operations, research, and facilities

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

               procurement, acquisition, and construction

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

             NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

                        Exploration Capabilities

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

                CHAPTER 3--ENERGY AND WATER DEVELOPMENT

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

                              construction

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

                   mississippi river and tributaries

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

                       operation and maintenance

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

                 flood control and coastal emergencies

       For an additional amount for ``Flood Control and Coastal 
     Emergencies'', as authorized

[[Page H9253]]

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

          CHAPTER 4--FINANCIAL SERVICES AND GENERAL GOVERNMENT

                          INDEPENDENT AGENCIES

                    General Services Administration

                        real property activities

                         federal buildings fund

                      construction and acquisition

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

                     Small Business Administration

                         salaries and expenses

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

                      office of inspector general

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

                     disaster loans program account

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

                      CHAPTER 5--HOMELAND SECURITY

                    DEPARTMENT OF HOMELAND SECURITY

                              Coast Guard

              acquisition, construction, and improvements

                     (including transfer of funds)

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

                  Federal Emergency Management Agency

                            disaster relief

                     (including transfers of funds)

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

                    GENERAL PROVISIONS, THIS CHAPTER

                    (including rescission of funds)

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

                  CHAPTER 6--INTERIOR AND ENVIRONMENT

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management

                        wildland fire management

                     (including transfers of funds)

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

                United States Fish and Wildlife Service

                              construction

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

                       DEPARTMENT OF AGRICULTURE

                             Forest Service

                  capital improvement and maintenance

                     (including transfers of funds)

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

                        wildland fire management

                     (including transfers of funds)

       For an additional amount for ``Wildland Fire Management'', 
     $775,000,000, to remain available until expended, of which 
     (1) $500,000,000 shall be available for emergency wildfire 
     suppression and related activities, of which no less than 
     $300,000,000 shall be transferred to Forest Service accounts 
     within 15 days of enactment of this Act so that all such 
     transfers for wildfire suppression in fiscal year 2008 are 
     fully repaid, including $30,000,000 reallocated between 
     programs in the Wildland Fire Management Account; and of 
     which $100,000,000 shall be transferred within 15 days of 
     enactment of this Act to the fund established by section 3 of 
     Public Law 71-319 (16 U.S.C. 576 et seq.) to repay transfers 
     made for previous emergency wildfire suppression activities; 
     (2) $175,000,000 shall be available for hazardous fuels 
     reduction and hazard mitigation activities in

[[Page H9254]]

     areas at high risk of catastrophic wildfire due to population 
     density and fuel loads, of which $125,000,000 is available 
     for work on State and private lands using all the authorities 
     available to the Forest Service; (3) $75,000,000 is for 
     rehabilitation and restoration of Federal lands and may be 
     transferred to other Forest Service accounts as necessary; 
     and (4) $25,000,000 is for preparedness for retention 
     initiatives in areas at high risk of catastrophic wildfire 
     that face recurrent staffing shortages.

           CHAPTER 7--HEALTH AND HUMAN SERVICES AND EDUCATION

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                Administration for Children and Families

                      social services block grant

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

                        DEPARTMENT OF EDUCATION

                      School Improvement Programs

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

                    Higher Education Disaster Relief

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

                    GENERAL PROVISIONS, THIS CHAPTER

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

                    CHAPTER 8--MILITARY CONSTRUCTION

                         DEPARTMENT OF DEFENSE

               Military Construction, Army National Guard

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

         CHAPTER 9--DEPARTMENT OF STATE AND FOREIGN OPERATIONS

                       International Commissions

 international boundary and water commission, united states and mexico

                              construction

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

[[Page H9255]]

     shall submit to the Committees on Appropriations of the House 
     of Representatives and the Senate a detailed spending plan 
     for funds appropriated under this heading.

      CHAPTER 10--TRANSPORTATION AND HOUSING AND URBAN DEVELOPMENT

                      DEPARTMENT OF TRANSPORTATION

                     Federal Highway Administration

                          federal-aid highways

                        emergency relief program

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

                    Federal Railroad Administration

                   railroad rehabilitation and repair

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

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                       Public and Indian Housing

                     tenant-based rental assistance

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

                    project-based rental assistance

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

                      public housing capital fund

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

                   Community Planning and Development

                       community development fund

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

                    GENERAL PROVISIONS, THIS CHAPTER

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

              TITLE II--OTHER SUPPLEMENTAL APPROPRIATIONS

                CHAPTER 1--STATE AND FOREIGN OPERATIONS

                          DEPARTMENT OF STATE

                      Office of Inspector General

                     (including transfer of funds)

       For an additional amount for ``Office of Inspector 
     General'', $9,000,000, which shall be

[[Page H9256]]

     transferred to the Special Inspector General for Afghanistan 
     Reconstruction for reconstruction oversight, to remain 
     available until September 30, 2010.

                     BILATERAL ECONOMIC ASSISTANCE

                  Other Bilateral Economic Assistance

                         economic support fund

                     (including transfer of funds)

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

                         CHAPTER 2--AGRICULTURE


                    bill emerson humanitarian trust

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

                     TITLE III--GENERAL PROVISIONS


                              short title

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


                         emergency designation

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


                       coordination of provisions

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

       DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2009

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

                                TITLE I

                           MILITARY PERSONNEL

                        Military Personnel, Army

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

                        Military Personnel, Navy

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

                    Military Personnel, Marine Corps

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

                     Military Personnel, Air Force

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

                        Reserve Personnel, Army

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

                        Reserve Personnel, Navy

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

                    Reserve Personnel, Marine Corps

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

                      Reserve Personnel, Air Force

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

                     National Guard Personnel, Army

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

                  National Guard Personnel, Air Force

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

                                TITLE II

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army


                     (including transfer of funds)

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance

[[Page H9257]]

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

                    Operation and Maintenance, Navy

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

                Operation and Maintenance, Marine Corps

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

                  Operation and Maintenance, Air Force

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

                Operation and Maintenance, Defense-Wide


                     (including transfer of funds)

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

                Operation and Maintenance, Army Reserve

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

                Operation and Maintenance, Navy Reserve

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

            Operation and Maintenance, Marine Corps Reserve

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

              Operation and Maintenance, Air Force Reserve

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

             Operation and Maintenance, Army National Guard

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

             Operation and Maintenance, Air National Guard

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

          United States Court of Appeals for the Armed Forces

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

                    Environmental Restoration, Army


                     (including transfer of funds)

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

                    Environmental Restoration, Navy


                     (including transfer of funds)

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

                  Environmental Restoration, Air Force


                     (including transfer of funds)

       For the Department of the Air Force, $496,277,000, to 
     remain available until transferred: Provided, That the 
     Secretary of the Air Force shall, upon determining that such 
     funds are required for environmental restoration, reduction 
     and recycling of hazardous waste, removal of unsafe buildings 
     and debris of the Department of the Air Force, or for similar 
     purposes, transfer the funds made available by this 
     appropriation to other appropriations made available to

[[Page H9258]]

     the Department of the Air Force, to be merged with and to be 
     available for the same purposes and for the same time period 
     as the appropriations to which transferred: Provided further, 
     That upon a determination that all or part of the funds 
     transferred from this appropriation are not necessary for the 
     purposes provided herein, such amounts may be transferred 
     back to this appropriation: Provided further, That the 
     transfer authority provided under this heading is in addition 
     to any other transfer authority provided elsewhere in this 
     Act.

                Environmental Restoration, Defense-Wide


                     (including transfer of funds)

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

         Environmental Restoration, Formerly Used Defense Sites


                     (including transfer of funds)

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

             Overseas Humanitarian, Disaster, and Civic Aid

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

                  Cooperative Threat Reduction Account

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

                               TITLE III

                              PROCUREMENT

                       Aircraft Procurement, Army

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

                       Missile Procurement, Army

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

        Procurement of Weapons and Tracked Combat Vehicles, Army

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

                    Procurement of Ammunition, Army

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

                        Other Procurement, Army

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

                       Aircraft Procurement, Navy

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

                       Weapons Procurement, Navy

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

            Procurement of Ammunition, Navy and Marine Corps

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

[[Page H9259]]

                   Shipbuilding and Conversion, Navy

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

                        Other Procurement, Navy

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

                       Procurement, Marine Corps

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

                    Aircraft Procurement, Air Force

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

                     Missile Procurement, Air Force

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

                  Procurement of Ammunition, Air Force

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

                      Other Procurement, Air Force

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

                       Procurement, Defense-Wide

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

                  National Guard and Reserve Equipment

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

                    Defense Production Act Purchases

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

                                TITLE IV

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

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

            Research, Development, Test and Evaluation, Navy

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

         Research, Development, Test and Evaluation, Air Force

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

[[Page H9260]]

        Research, Development, Test and Evaluation, Defense-Wide

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

                Operational Test and Evaluation, Defense

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

                                TITLE V

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

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

                     National Defense Sealift Fund

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

                                TITLE VI

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program


                     (including transfer of funds)

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

           Chemical Agents and Munitions Destruction, Defense

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

         Drug Interdiction and Counter-Drug Activities, Defense


                     (including transfer of funds)

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

                    Office of the Inspector General

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

                               TITLE VII

                            RELATED AGENCIES

   Central Intelligence Agency Retirement and Disability System Fund

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

               Intelligence Community Management Account


                     (including transfer of funds)

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

                               TITLE VIII

                           GENERAL PROVISIONS

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

[[Page H9261]]

                          (transfer of funds)

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


                          (transfer of funds)

       Sec. 8009. During the current fiscal year, cash balances in 
     working capital funds of the Department of Defense 
     established pursuant to section 2208 of title 10, United 
     States Code, may be maintained in only such amounts as are 
     necessary at any time for cash disbursements to be made from 
     such funds: Provided, That transfers may be made between such 
     funds: Provided further, That transfers may be made between 
     working capital funds and the ``Foreign Currency 
     Fluctuations, Defense'' appropriation and the ``Operation and 
     Maintenance'' appropriation accounts in such amounts as may 
     be determined by the Secretary of Defense, with the approval 
     of the Office of Management and Budget, except that such 
     transfers may not be made unless the Secretary of Defense has 
     notified the Congress of the proposed transfer. Except in 
     amounts equal to the amounts appropriated to working capital 
     funds in this Act, no obligations may be made against a 
     working capital fund to procure or increase the value of war 
     reserve material inventory, unless the Secretary of Defense 
     has notified the Congress prior to any such obligation.
       Sec. 8010. Funds appropriated by this Act may not be used 
     to initiate a special access program without prior 
     notification 30 calendar days in advance to the congressional 
     defense committees.
       Sec. 8011. None of the funds provided in this Act shall be 
     available to initiate: (1) a multiyear contract that employs 
     economic order quantity procurement in excess of $20,000,000 
     in any one year of the contract or that includes an unfunded 
     contingent liability in excess of $20,000,000; or (2) a 
     contract for advance procurement leading to a multiyear 
     contract that employs economic order quantity procurement in 
     excess of $20,000,000 in any one year, unless the 
     congressional defense committees have been notified at least 
     30 days in advance of the proposed contract award: Provided, 
     That no part of any appropriation contained in this Act shall 
     be available to initiate a multiyear contract for which the 
     economic order quantity advance procurement is not funded at 
     least to the limits of the Government's liability: Provided 
     further, That no part of any appropriation contained in this 
     Act shall be available to initiate multiyear procurement 
     contracts for any systems or component thereof if the value 
     of the multiyear contract would exceed $500,000,000 unless 
     specifically provided in this Act: Provided further, That no 
     multiyear procurement contract can be terminated without 10-
     day prior notification to the congressional defense 
     committees: Provided further, That the execution of multiyear 
     authority shall require the use of a present value analysis 
     to determine lowest cost compared to an annual procurement: 
     Provided further, That none of the funds provided in this Act 
     may be used for a multiyear contract executed after the date 
     of the enactment of this Act unless in the case of any such 
     contract--
       (1) the Secretary of Defense has submitted to Congress a 
     budget request for full funding of units to be procured 
     through the contract and, in the case of a contract for 
     procurement of aircraft, that includes, for any aircraft unit 
     to be procured through the contract for which procurement 
     funds are requested in that budget request for production 
     beyond advance procurement activities in the fiscal year 
     covered by the budget, full funding of procurement of such 
     unit in that fiscal year;
       (2) cancellation provisions in the contract do not include 
     consideration of recurring manufacturing costs of the 
     contractor associated with the production of unfunded units 
     to be delivered under the contract;
       (3) the contract provides that payments to the contractor 
     under the contract shall not be made in advance of incurred 
     costs on funded units; and
       (4) the contract does not provide for a price adjustment 
     based on a failure to award a follow-on contract.
       Funds appropriated in title III of this Act may be used for 
     a multiyear procurement contract as follows:
       SSN Virginia class submarine.
       Sec. 8012. Within the funds appropriated for the operation 
     and maintenance of the Armed Forces, funds are hereby 
     appropriated pursuant to section 401 of title 10, United 
     States Code, for humanitarian and civic assistance costs 
     under chapter 20 of title 10, United States Code. Such funds 
     may also be obligated for humanitarian and civic assistance 
     costs incidental to authorized operations and pursuant to 
     authority granted in section 401 of chapter 20 of title 10, 
     United States Code, and these obligations shall be reported 
     as required by section 401(d) of title 10, United States 
     Code: Provided, That funds available for operation and 
     maintenance shall be available for providing humanitarian and 
     similar assistance by using Civic Action Teams in the Trust 
     Territories of the Pacific Islands and freely associated 
     states of Micronesia, pursuant to the Compact of Free 
     Association as authorized by Public Law 99-239: Provided 
     further, That upon a determination by the Secretary of the 
     Army that such action is beneficial for graduate medical 
     education programs conducted at Army medical facilities 
     located in Hawaii, the Secretary of the Army may authorize 
     the provision of medical services at such facilities and 
     transportation to such facilities, on a nonreimbursable 
     basis, for civilian patients from American Samoa, the 
     Commonwealth of the Northern Mariana Islands, the Marshall 
     Islands, the Federated States of Micronesia, Palau, and Guam.
       Sec. 8013. (a) During fiscal year 2009, the civilian 
     personnel of the Department of Defense may not be managed on 
     the basis of any end-strength, and the management of such 
     personnel during that fiscal year shall not be subject to any 
     constraint or limitation (known as an end-strength) on the 
     number of such personnel who may be employed on the last day 
     of such fiscal year.
       (b) The fiscal year 2010 budget request for the Department 
     of Defense as well as all justification material and other 
     documentation supporting the fiscal year 2010 Department of 
     Defense budget request shall be prepared and submitted to the 
     Congress as if subsections (a) and (b) of this provision were 
     effective with regard to fiscal year 2010.

[[Page H9262]]

       (c) Nothing in this section shall be construed to apply to 
     military (civilian) technicians.
       Sec. 8014. None of the funds made available by this Act 
     shall be used in any way, directly or indirectly, to 
     influence congressional action on any legislation or 
     appropriation matters pending before the Congress.
       Sec. 8015. None of the funds appropriated by this Act shall 
     be available for the basic pay and allowances of any member 
     of the Army participating as a full-time student and 
     receiving benefits paid by the Secretary of Veterans Affairs 
     from the Department of Defense Education Benefits Fund when 
     time spent as a full-time student is credited toward 
     completion of a service commitment: Provided, That this 
     section shall not apply to those members who have reenlisted 
     with this option prior to October 1, 1987: Provided further, 
     That this section applies only to active components of the 
     Army.
       Sec. 8016. (a) None of the funds appropriated by this Act 
     shall be available to convert to contractor performance an 
     activity or function of the Department of Defense that, on or 
     after the date of the enactment of this Act, is performed by 
     more than 10 Department of Defense civilian employees 
     unless--
       (1) the conversion is based on the result of a public-
     private competition that includes a most efficient and cost 
     effective organization plan developed by such activity or 
     function;
       (2) the Competitive Sourcing Official determines that, over 
     all performance periods stated in the solicitation of offers 
     for performance of the activity or function, the cost of 
     performance of the activity or function by a contractor would 
     be less costly to the Department of Defense by an amount that 
     equals or exceeds the lesser of--
       (A) 10 percent of the most efficient organization's 
     personnel-related costs for performance of that activity or 
     function by Federal employees; or
       (B) $10,000,000; and
       (3) the contractor does not receive an advantage for a 
     proposal that would reduce costs for the Department of 
     Defense by--
       (A) not making an employer-sponsored health insurance plan 
     available to the workers who are to be employed in the 
     performance of that activity or function under the contract; 
     or
       (B) offering to such workers an employer-sponsored health 
     benefits plan that requires the employer to contribute less 
     towards the premium or subscription share than the amount 
     that is paid by the Department of Defense for health benefits 
     for civilian employees under chapter 89 of title 5, United 
     States Code.
       (b)(1) The Department of Defense, without regard to 
     subsection (a) of this section or subsection (a), (b), or (c) 
     of section 2461 of title 10, United States Code, and 
     notwithstanding any administrative regulation, requirement, 
     or policy to the contrary shall have full authority to enter 
     into a contract for the performance of any commercial or 
     industrial type function of the Department of Defense that--
       (A) is included on the procurement list established 
     pursuant to section 2 of the Javits-Wagner-O'Day Act (41 
     U.S.C. 47);
       (B) is planned to be converted to performance by a 
     qualified nonprofit agency for the blind or by a qualified 
     nonprofit agency for other severely handicapped individuals 
     in accordance with that Act; or
       (C) is planned to be converted to performance by a 
     qualified firm under at least 51 percent ownership by an 
     Indian tribe, as defined in section 4(e) of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     450b(e)), or a Native Hawaiian Organization, as defined in 
     section 8(a)(15) of the Small Business Act (15 U.S.C. 
     637(a)(15)).
       (2) This section shall not apply to depot contracts or 
     contracts for depot maintenance as provided in sections 2469 
     and 2474 of title 10, United States Code.
       (c) The conversion of any activity or function of the 
     Department of Defense under the authority provided by this 
     section shall be credited toward any competitive or 
     outsourcing goal, target, or measurement that may be 
     established by statute, regulation, or policy and is deemed 
     to be awarded under the authority of, and in compliance with, 
     subsection (h) of section 2304 of title 10, United States 
     Code, for the competition or outsourcing of commercial 
     activities.


                          (transfer of funds)

       Sec. 8017. Funds appropriated in title III of this Act for 
     the Department of Defense Pilot Mentor-Protege Program may be 
     transferred to any other appropriation contained in this Act 
     solely for the purpose of implementing a Mentor-Protege 
     Program developmental assistance agreement pursuant to 
     section 831 of the National Defense Authorization Act for 
     Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), 
     as amended, under the authority of this provision or any 
     other transfer authority contained in this Act.
       Sec. 8018. None of the funds in this Act may be available 
     for the purchase by the Department of Defense (and its 
     departments and agencies) of welded shipboard anchor and 
     mooring chain 4 inches in diameter and under unless the 
     anchor and mooring chain are manufactured in the United 
     States from components which are substantially manufactured 
     in the United States: Provided, That for the purpose of this 
     section manufactured will include cutting, heat treating, 
     quality control, testing of chain and welding (including the 
     forging and shot blasting process): Provided further, That 
     for the purpose of this section substantially all of the 
     components of anchor and mooring chain shall be considered to 
     be produced or manufactured in the United States if the 
     aggregate cost of the components produced or manufactured in 
     the United States exceeds the aggregate cost of the 
     components produced or manufactured outside the United 
     States: Provided further, That when adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis, the Secretary of the service 
     responsible for the procurement may waive this restriction on 
     a case-by-case basis by certifying in writing to the 
     Committees on Appropriations that such an acquisition must be 
     made in order to acquire capability for national security 
     purposes.
       Sec. 8019. None of the funds available to the Department of 
     Defense may be used to demilitarize or dispose of M-1 
     Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber rifles, 
     .30 caliber rifles, or M-1911 pistols.
       Sec. 8020. No more than $500,000 of the funds appropriated 
     or made available in this Act shall be used during a single 
     fiscal year for any single relocation of an organization, 
     unit, activity or function of the Department of Defense into 
     or within the National Capital Region: Provided, That the 
     Secretary of Defense may waive this restriction on a case-by-
     case basis by certifying in writing to the congressional 
     defense committees that such a relocation is required in the 
     best interest of the Government.
       Sec. 8021. In addition to the funds provided elsewhere in 
     this Act, $15,000,000 is appropriated only for incentive 
     payments authorized by section 504 of the Indian Financing 
     Act of 1974 (25 U.S.C. 1544): Provided, That a prime 
     contractor or a subcontractor at any tier that makes a 
     subcontract award to any subcontractor or supplier as defined 
     in section 1544 of title 25, United States Code, or a small 
     business owned and controlled by an individual or individuals 
     defined under section 4221(9) of title 25, United States 
     Code, shall be considered a contractor for the purposes of 
     being allowed additional compensation under section 504 of 
     the Indian Financing Act of 1974 (25 U.S.C. 1544) whenever 
     the prime contract or subcontract amount is over $500,000 and 
     involves the expenditure of funds appropriated by an Act 
     making Appropriations for the Department of Defense with 
     respect to any fiscal year: Provided further, That 
     notwithstanding section 430 of title 41, United States Code, 
     this section shall be applicable to any Department of Defense 
     acquisition of supplies or services, including any contract 
     and any subcontract at any tier for acquisition of commercial 
     items produced or manufactured, in whole or in part by any 
     subcontractor or supplier defined in section 1544 of title 
     25, United States Code, or a small business owned and 
     controlled by an individual or individuals defined under 
     section 4221(9) of title 25, United States Code.
       Sec. 8022. Funds appropriated by this Act for the Defense 
     Media Activity shall not be used for any national or 
     international political or psychological activities.
       Sec. 8023. None of the funds appropriated by this Act shall 
     be available to perform any cost study pursuant to the 
     provisions of OMB Circular A-76 if the study being performed 
     exceeds a period of 24 months after initiation of such study 
     with respect to a single function activity or 30 months after 
     initiation of such study for a multi-function activity.
       Sec. 8024. During the current fiscal year, the Department 
     of Defense is authorized to incur obligations of not to 
     exceed $350,000,000 for purposes specified in section 
     2350j(c) of title 10, United States Code, in anticipation of 
     receipt of contributions, only from the Government of Kuwait, 
     under that section: Provided, That upon receipt, such 
     contributions from the Government of Kuwait shall be credited 
     to the appropriations or fund which incurred such 
     obligations.
       Sec. 8025. (a) Of the funds made available in this Act, not 
     less than $34,929,000 shall be available for the Civil Air 
     Patrol Corporation, of which--
       (1) $26,605,000 shall be available from ``Operation and 
     Maintenance, Air Force'' to support Civil Air Patrol 
     Corporation operation and maintenance, readiness, counterdrug 
     activities, and drug demand reduction activities involving 
     youth programs;
       (2) $7,435,000 shall be available from ``Aircraft 
     Procurement, Air Force''; and
       (3) $889,000 shall be available from ``Other Procurement, 
     Air Force'' for vehicle procurement.
       (b) The Secretary of the Air Force should waive 
     reimbursement for any funds used by the Civil Air Patrol for 
     counter-drug activities in support of Federal, State, and 
     local government agencies.
       Sec. 8026. (a) None of the funds appropriated in this Act 
     are available to establish a new Department of Defense 
     (department) federally funded research and development center 
     (FFRDC), either as a new entity, or as a separate entity 
     administrated by an organization managing another FFRDC, or 
     as a nonprofit membership corporation consisting of a 
     consortium of other FFRDCs and other non-profit entities.
       (b) No member of a Board of Directors, Trustees, Overseers, 
     Advisory Group, Special Issues Panel, Visiting Committee, or 
     any similar entity of a defense FFRDC, and no paid consultant 
     to any defense FFRDC, except when acting in a technical 
     advisory capacity, may be compensated for his or her services 
     as a member of such entity, or as a paid consultant by more 
     than one FFRDC in a fiscal year: Provided, That a member of 
     any

[[Page H9263]]

     such entity referred to previously in this subsection shall 
     be allowed travel expenses and per diem as authorized under 
     the Federal Joint Travel Regulations, when engaged in the 
     performance of membership duties.
       (c) Notwithstanding any other provision of law, none of the 
     funds available to the department from any source during 
     fiscal year 2009 may be used by a defense FFRDC, through a 
     fee or other payment mechanism, for construction of new 
     buildings, for payment of cost sharing for projects funded by 
     Government grants, for absorption of contract overruns, or 
     for certain charitable contributions, not to include employee 
     participation in community service and/or development.
       (d) Notwithstanding any other provision of law, of the 
     funds available to the department during fiscal year 2009, 
     not more than 5,600 staff years of technical effort (staff 
     years) may be funded for defense FFRDCs: Provided, That of 
     the specific amount referred to previously in this 
     subsection, not more than 1,100 staff years may be funded for 
     the defense studies and analysis FFRDCs: Provided further, 
     That this subsection shall not apply to staff years funded in 
     the National Intelligence Program (NIP) and the Military 
     Intelligence Program (MIP).
       (e) The Secretary of Defense shall, with the submission of 
     the department's fiscal year 2010 budget request, submit a 
     report presenting the specific amounts of staff years of 
     technical effort to be allocated for each defense FFRDC 
     during that fiscal year and the associated budget estimates.
       (f) Notwithstanding any other provision of this Act, the 
     total amount appropriated in this Act for FFRDCs is hereby 
     reduced by $84,000,000.
       Sec. 8027. None of the funds appropriated or made available 
     in this Act shall be used to procure carbon, alloy or armor 
     steel plate for use in any Government-owned facility or 
     property under the control of the Department of Defense which 
     were not melted and rolled in the United States or Canada: 
     Provided, That these procurement restrictions shall apply to 
     any and all Federal Supply Class 9515, American Society of 
     Testing and Materials (ASTM) or American Iron and Steel 
     Institute (AISI) specifications of carbon, alloy or armor 
     steel plate: Provided further, That the Secretary of the 
     military department responsible for the procurement may waive 
     this restriction on a case-by-case basis by certifying in 
     writing to the Committees on Appropriations of the House of 
     Representatives and the Senate that adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis and that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes: Provided further, That these restrictions 
     shall not apply to contracts which are in being as of the 
     date of the enactment of this Act.
       Sec. 8028. For the purposes of this Act, the term 
     ``congressional defense committees'' means the Armed Services 
     Committee of the House of Representatives, the Armed Services 
     Committee of the Senate, the Subcommittee on Defense of the 
     Committee on Appropriations of the Senate, and the 
     Subcommittee on Defense of the Committee on Appropriations of 
     the House of Representatives.
       Sec. 8029. During the current fiscal year, the Department 
     of Defense may acquire the modification, depot maintenance 
     and repair of aircraft, vehicles and vessels as well as the 
     production of components and other Defense-related articles, 
     through competition between Department of Defense depot 
     maintenance activities and private firms: Provided, That the 
     Senior Acquisition Executive of the military department or 
     Defense Agency concerned, with power of delegation, shall 
     certify that successful bids include comparable estimates of 
     all direct and indirect costs for both public and private 
     bids: Provided further, That Office of Management and Budget 
     Circular A-76 shall not apply to competitions conducted under 
     this section.
       Sec. 8030. (a)(1) If the Secretary of Defense, after 
     consultation with the United States Trade Representative, 
     determines that a foreign country which is party to an 
     agreement described in paragraph (2) has violated the terms 
     of the agreement by discriminating against certain types of 
     products produced in the United States that are covered by 
     the agreement, the Secretary of Defense shall rescind the 
     Secretary's blanket waiver of the Buy American Act with 
     respect to such types of products produced in that foreign 
     country.
       (2) An agreement referred to in paragraph (1) is any 
     reciprocal defense procurement memorandum of understanding, 
     between the United States and a foreign country pursuant to 
     which the Secretary of Defense has prospectively waived the 
     Buy American Act for certain products in that country.
       (b) The Secretary of Defense shall submit to the Congress a 
     report on the amount of Department of Defense purchases from 
     foreign entities in fiscal year 2009. Such report shall 
     separately indicate the dollar value of items for which the 
     Buy American Act was waived pursuant to any agreement 
     described in subsection (a)(2), the Trade Agreement Act of 
     1979 (19 U.S.C. 2501 et seq.), or any international agreement 
     to which the United States is a party.
       (c) For purposes of this section, the term ``Buy American 
     Act'' means title III of the Act entitled ``An Act making 
     appropriations for the Treasury and Post Office Departments 
     for the fiscal year ending June 30, 1934, and for other 
     purposes'', approved March 3, 1933 (41 U.S.C. 10a et seq.).
       Sec. 8031. During the current fiscal year, amounts 
     contained in the Department of Defense Overseas Military 
     Facility Investment Recovery Account established by section 
     2921(c)(1) of the National Defense Authorization Act of 1991 
     (Public Law 101-510; 10 U.S.C. 2687 note) shall be available 
     until expended for the payments specified by section 
     2921(c)(2) of that Act.
       Sec. 8032. (a) Notwithstanding any other provision of law, 
     the Secretary of the Air Force may convey at no cost to the 
     Air Force, without consideration, to Indian tribes located in 
     the States of North Dakota, South Dakota, Montana, and 
     Minnesota relocatable military housing units located at Grand 
     Forks Air Force Base and Minot Air Force Base that are excess 
     to the needs of the Air Force.
       (b) The Secretary of the Air Force shall convey, at no cost 
     to the Air Force, military housing units under subsection (a) 
     in accordance with the request for such units that are 
     submitted to the Secretary by the Operation Walking Shield 
     Program on behalf of Indian tribes located in the States of 
     North Dakota, South Dakota, Montana, and Minnesota.
       (c) The Operation Walking Shield Program shall resolve any 
     conflicts among requests of Indian tribes for housing units 
     under subsection (a) before submitting requests to the 
     Secretary of the Air Force under subsection (b).
       (d) In this section, the term ``Indian tribe'' means any 
     recognized Indian tribe included on the current list 
     published by the Secretary of the Interior under section 104 
     of the Federally Recognized Indian Tribe Act of 1994 (Public 
     Law 103-454; 108 Stat. 4792; 25 U.S.C. 479a-1).
       Sec. 8033. During the current fiscal year, appropriations 
     which are available to the Department of Defense for 
     operation and maintenance may be used to purchase items 
     having an investment item unit cost of not more than 
     $250,000.
       Sec. 8034. (a) During the current fiscal year, none of the 
     appropriations or funds available to the Department of 
     Defense Working Capital Funds shall be used for the purchase 
     of an investment item for the purpose of acquiring a new 
     inventory item for sale or anticipated sale during the 
     current fiscal year or a subsequent fiscal year to customers 
     of the Department of Defense Working Capital Funds if such an 
     item would not have been chargeable to the Department of 
     Defense Business Operations Fund during fiscal year 1994 and 
     if the purchase of such an investment item would be 
     chargeable during the current fiscal year to appropriations 
     made to the Department of Defense for procurement.
       (b) The fiscal year 2010 budget request for the Department 
     of Defense as well as all justification material and other 
     documentation supporting the fiscal year 2010 Department of 
     Defense budget shall be prepared and submitted to the 
     Congress on the basis that any equipment which was classified 
     as an end item and funded in a procurement appropriation 
     contained in this Act shall be budgeted for in a proposed 
     fiscal year 2010 procurement appropriation and not in the 
     supply management business area or any other area or category 
     of the Department of Defense Working Capital Funds.
       Sec. 8035. None of the funds appropriated by this Act for 
     programs of the Central Intelligence Agency shall remain 
     available for obligation beyond the current fiscal year, 
     except for funds appropriated for the Reserve for 
     Contingencies, which shall remain available until September 
     30, 2010: Provided, That funds appropriated, transferred, or 
     otherwise credited to the Central Intelligence Agency Central 
     Services Working Capital Fund during this or any prior or 
     subsequent fiscal year shall remain available until expended: 
     Provided further, That any funds appropriated or transferred 
     to the Central Intelligence Agency for advanced research and 
     development acquisition, for agent operations, and for covert 
     action programs authorized by the President under section 503 
     of the National Security Act of 1947, as amended, shall 
     remain available until September 30, 2010.
       Sec. 8036. Notwithstanding any other provision of law, 
     funds made available in this Act for the Defense Intelligence 
     Agency may be used for the design, development, and 
     deployment of General Defense Intelligence Program 
     intelligence communications and intelligence information 
     systems for the Services, the Unified and Specified Commands, 
     and the component commands.
       Sec. 8037. Of the funds appropriated to the Department of 
     Defense under the heading ``Operation and Maintenance, 
     Defense-Wide'', not less than $12,000,000 shall be made 
     available only for the mitigation of environmental impacts, 
     including training and technical assistance to tribes, 
     related administrative support, the gathering of information, 
     documenting of environmental damage, and developing a system 
     for prioritization of mitigation and cost to complete 
     estimates for mitigation, on Indian lands resulting from 
     Department of Defense activities.
       Sec. 8038. (a) None of the funds appropriated in this Act 
     may be expended by an entity of the Department of Defense 
     unless the entity, in expending the funds, complies with the 
     Buy American Act. For purposes of this subsection, the term 
     ``Buy American Act'' means title III of the Act entitled ``An 
     Act making appropriations for the Treasury and Post Office 
     Departments for the fiscal year ending June 30, 1934, and for 
     other purposes'', approved March 3, 1933 (41 U.S.C. 10a et 
     seq.).

[[Page H9264]]

       (b) If the Secretary of Defense determines that a person 
     has been convicted of intentionally affixing a label bearing 
     a ``Made in America'' inscription to any product sold in or 
     shipped to the United States that is not made in America, the 
     Secretary shall determine, in accordance with section 2410f 
     of title 10, United States Code, whether the person should be 
     debarred from contracting with the Department of Defense.
       (c) In the case of any equipment or products purchased with 
     appropriations provided under this Act, it is the sense of 
     the Congress that any entity of the Department of Defense, in 
     expending the appropriation, purchase only American-made 
     equipment and products, provided that American-made equipment 
     and products are cost-competitive, quality-competitive, and 
     available in a timely fashion.
       Sec. 8039. None of the funds appropriated by this Act shall 
     be available for a contract for studies, analysis, or 
     consulting services entered into without competition on the 
     basis of an unsolicited proposal unless the head of the 
     activity responsible for the procurement determines--
       (1) as a result of thorough technical evaluation, only one 
     source is found fully qualified to perform the proposed work;
       (2) the purpose of the contract is to explore an 
     unsolicited proposal which offers significant scientific or 
     technological promise, represents the product of original 
     thinking, and was submitted in confidence by one source; or
       (3) the purpose of the contract is to take advantage of 
     unique and significant industrial accomplishment by a 
     specific concern, or to insure that a new product or idea of 
     a specific concern is given financial support: Provided, That 
     this limitation shall not apply to contracts in an amount of 
     less than $25,000, contracts related to improvements of 
     equipment that is in development or production, or contracts 
     as to which a civilian official of the Department of Defense, 
     who has been confirmed by the Senate, determines that the 
     award of such contract is in the interest of the national 
     defense.
       Sec. 8040. (a) Except as provided in subsections (b) and 
     (c), none of the funds made available by this Act may be 
     used--
       (1) to establish a field operating agency; or
       (2) to pay the basic pay of a member of the Armed Forces or 
     civilian employee of the department who is transferred or 
     reassigned from a headquarters activity if the member or 
     employee's place of duty remains at the location of that 
     headquarters.
       (b) The Secretary of Defense or Secretary of a military 
     department may waive the limitations in subsection (a), on a 
     case-by-case basis, if the Secretary determines, and 
     certifies to the Committees on Appropriations of the House of 
     Representatives and Senate that the granting of the waiver 
     will reduce the personnel requirements or the financial 
     requirements of the department.
       (c) This section does not apply to--
       (1) field operating agencies funded within the National 
     Intelligence Program; or
       (2) an Army field operating agency established to 
     eliminate, mitigate, or counter the effects of improvised 
     explosive devices, and, as determined by the Secretary of the 
     Army, other similar threats.
       Sec. 8041. The Secretary of Defense, notwithstanding any 
     other provision of law, acting through the Office of Economic 
     Adjustment of the Department of Defense, may use funds made 
     available in this Act under the heading ``Operation and 
     Maintenance, Defense-Wide'' to make grants and supplement 
     other Federal funds in accordance with the guidance provided 
     in the explanatory statement described in section 4 (in the 
     matter preceding division A of this consolidated Act).


                             (rescissions)

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

[[Page H9265]]

       (1) such costs are for a bonus or otherwise in excess of 
     the normal salary paid by the contractor to the employee; and
       (2) such bonus is part of restructuring costs associated 
     with a business combination.


                     (including transfer of funds)

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

[[Page H9266]]

     writing to the Committees on Appropriations of the House of 
     Representatives and the Senate that it is in the national 
     security interest to do so.
       Sec. 8067. Notwithstanding section 12310(b) of title 10, 
     United States Code, a Reserve who is a member of the National 
     Guard serving on full-time National Guard duty under section 
     502(f) of title 32, United States Code, may perform duties in 
     support of the ground-based elements of the National 
     Ballistic Missile Defense System.
       Sec. 8068. None of the funds provided in this Act may be 
     used to transfer to any nongovernmental entity ammunition 
     held by the Department of Defense that has a center-fire 
     cartridge and a United States military nomenclature 
     designation of ``armor penetrator'', ``armor piercing (AP)'', 
     ``armor piercing incendiary (API)'', or ``armor-piercing 
     incendiary-tracer (API-T)'', except to an entity performing 
     demilitarization services for the Department of Defense under 
     a contract that requires the entity to demonstrate to the 
     satisfaction of the Department of Defense that armor piercing 
     projectiles are either: (1) rendered incapable of reuse by 
     the demilitarization process; or (2) used to manufacture 
     ammunition pursuant to a contract with the Department of 
     Defense or the manufacture of ammunition for export pursuant 
     to a License for Permanent Export of Unclassified Military 
     Articles issued by the Department of State.
       Sec. 8069. Notwithstanding any other provision of law, the 
     Chief of the National Guard Bureau, or his designee, may 
     waive payment of all or part of the consideration that 
     otherwise would be required under section 2667 of title 10, 
     United States Code, in the case of a lease of personal 
     property for a period not in excess of 1 year to any 
     organization specified in section 508(d) of title 32, United 
     States Code, or any other youth, social, or fraternal 
     nonprofit organization as may be approved by the Chief of the 
     National Guard Bureau, or his designee, on a case-by-case 
     basis.
       Sec. 8070. None of the funds appropriated by this Act shall 
     be used for the support of any nonappropriated funds activity 
     of the Department of Defense that procures malt beverages and 
     wine with nonappropriated funds for resale (including such 
     alcoholic beverages sold by the drink) on a military 
     installation located in the United States unless such malt 
     beverages and wine are procured within that State, or in the 
     case of the District of Columbia, within the District of 
     Columbia, in which the military installation is located: 
     Provided, That in a case in which the military installation 
     is located in more than one State, purchases may be made in 
     any State in which the installation is located: Provided 
     further, That such local procurement requirements for malt 
     beverages and wine shall apply to all alcoholic beverages 
     only for military installations in States which are not 
     contiguous with another State: Provided further, That 
     alcoholic beverages other than wine and malt beverages, in 
     contiguous States and the District of Columbia shall be 
     procured from the most competitive source, price and other 
     factors considered.
       Sec. 8071. Funds available to the Department of Defense for 
     the Global Positioning System during the current fiscal year 
     may be used to fund civil requirements associated with the 
     satellite and ground control segments of such system's 
     modernization program.


                     (including transfer of funds)

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


                     (including transfer of funds)

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


                     (including transfer of funds)

       Sec. 8077. Of the amounts appropriated in this Act under 
     the heading ``Shipbuilding and Conversion, Navy'', 
     $165,152,000 shall be available until September 30, 2009, to 
     fund prior year shipbuilding cost increases: Provided, That 
     upon enactment of this Act, the Secretary of the Navy shall 
     transfer such funds to the following appropriations in the 
     amounts specified: Provided further, That the amounts 
     transferred shall be merged with and be available for the 
     same purposes as the appropriations to which transferred:
       To:
       Under the heading ``Shipbuilding and Conversion, Navy, 
     2001/2009'':
       Carrier Replacement Program, $20,516,000;
       Under the heading ``Shipbuilding and Conversion, Navy, 
     2002/2009'':
       New SSN, $21,000,000;
       Under the heading ``Shipbuilding and Conversion, Navy, 
     2003/2009'':
       LPD-17 Amphibious Transport Dock Program, $33,082,000;
       Under the heading ``Shipbuilding and Conversion, Navy, 
     2004/2009'':
       New SSN, $60,000,000;
       Under the heading ``Shipbuilding and Conversion, Navy, 
     2007/2011'':
       LHA Replacement Program, $14,310,000; and
       Under the heading ``Shipbuilding and Conversion, Navy, 
     2008/2012'':
       SSBN Submarine Refuelings, $16,244,000.
       Sec. 8078. None of the funds available to the Department of 
     Defense may be obligated to modify command and control 
     relationships to give Fleet Forces Command administrative and 
     operational control of U.S. Navy forces assigned to the 
     Pacific fleet: Provided, That the command and control 
     relationships which existed on October 1, 2004, shall remain 
     in force unless changes are specifically authorized in a 
     subsequent Act.
       Sec. 8079. Notwithstanding any other provision of law or 
     regulation, the Secretary of Defense may exercise the 
     provisions of section 7403(g) of title 38, United States 
     Code, for occupations listed in section 7403(a)(2) of title 
     38, United States Code, as well as the following:
       Pharmacists, Audiologists, Psychologists, Social Workers, 
     Othotists/Prosthetists, Occupational Therapists, Physical 
     Therapists, Rehabilitation Therapists, Respiratory 
     Therapists, Speech Pathologists, Dietitian/Nutritionists, 
     Industrial Hygienists, Psychology Technicians, Social Service 
     Assistants, Practical Nurses, Nursing Assistants, and Dental 
     Hygienists:
       (A) The requirements of section 7403(g)(1)(A) of title 38, 
     United States Code, shall apply.
       (B) The limitations of section 7403(g)(1)(B) of title 38, 
     United States Code, shall not apply.
       Sec. 8080. Funds appropriated by this Act, or made 
     available by the transfer of funds in this Act, for 
     intelligence activities are deemed to be specifically 
     authorized by the Congress for purposes of section 504 of the 
     National Security Act of 1947 (50 U.S.C. 414) during fiscal 
     year 2009 until the enactment of the Intelligence 
     Authorization Act for Fiscal Year 2009.
       Sec. 8081. None of the funds provided in this Act shall be 
     available for obligation or expenditure through a 
     reprogramming of funds that creates or initiates a new 
     program, project, or activity unless such program, project, 
     or activity must be undertaken immediately in the interest of 
     national security and only after written prior notification 
     to the congressional defense committees.
       Sec. 8082. (a) In addition to the amounts provided 
     elsewhere in this Act, $3,000,000 is hereby appropriated to 
     the Department of Defense for ``Operation and Maintenance, 
     Army National Guard''. Such amount shall be made available to 
     the Secretary of the

[[Page H9267]]

     Army only to make a grant in the amount of $3,000,000 to the 
     entity specified in subsection (b) to facilitate access by 
     veterans to opportunities for skilled employment in the 
     construction industry.
       (b) The entity referred to in subsection (a) is the Center 
     for Military Recruitment, Assessment and Veterans Employment, 
     a nonprofit labor-management cooperation committee provided 
     for by section 302(c)(9) of the Labor-Management Relations 
     Act, 1947 (29 U.S.C. 186(c)(9)), for the purposes set forth 
     in section 6(b) of the Labor Management Cooperation Act of 
     1978 (29 U.S.C. 175a note).
       Sec. 8083. In addition to funds made available elsewhere in 
     this Act, $5,500,000 is hereby appropriated and shall remain 
     available until expended to provide assistance, by grant or 
     otherwise (such as, but not limited to, the provision of 
     funds for repairs, maintenance, construction, and/or for the 
     purchase of information technology, text books, teaching 
     resources), to public schools that have unusually high 
     concentrations of special needs military dependents enrolled: 
     Provided, That in selecting school systems to receive such 
     assistance, special consideration shall be given to school 
     systems in States that are considered overseas assignments, 
     and all schools within these school systems shall be eligible 
     for assistance: Provided further, That up to 2 percent of the 
     total appropriated funds under this section shall be 
     available to support the administration and execution of the 
     funds or program and/or events that promote the purpose of 
     this appropriation (e.g. payment of travel and per diem of 
     school teachers attending conferences or a meeting that 
     promotes the purpose of this appropriation and/or consultant 
     fees for on-site training of teachers, staff, or Joint 
     Venture Education Forum (JVEF) Committee members): Provided 
     further, That up to $300,000 shall be available to examine 
     human capital, family and quality of life issues relating to 
     military presence in Hawaii: Provided further, That up to 
     $2,000,000 shall be available for the Department of Defense 
     to establish a nonprofit trust fund to assist in the public-
     private funding of public school repair and maintenance 
     projects, or provide directly to nonprofit organizations who 
     in return will use these monies to provide assistance in the 
     form of repair, maintenance, or renovation to public school 
     systems that have high concentrations of special needs 
     military dependents and are located in States that are 
     considered overseas assignments: Provided further, That to 
     the extent a Federal agency provides this assistance, by 
     contract, grant, or otherwise, it may accept and expend non-
     Federal funds in combination with these Federal funds to 
     provide assistance for the authorized purpose, if the non-
     Federal entity requests such assistance and the non-Federal 
     funds are provided on a reimbursable basis.
       Sec. 8084. In addition to the amounts appropriated or 
     otherwise made available elsewhere in this Act, $112,400,000 
     is hereby appropriated to the Department of Defense: 
     Provided, That the Secretary of Defense shall make grants in 
     the amounts specified as follows: $20,000,000 to the United 
     Service Organizations; $30,000,000 to the Red Cross; 
     $15,000,000 for the Waterbury Industrial Commons 
     Redevelopment Project; $4,750,000 for the SOAR Virtual School 
     District; $1,750,000 to The Presidio Trust; $5,000,000 to the 
     STEM Education Research Center; $10,000,000 to the Intrepid 
     Museum Foundation; $4,000,000 to the Go For Broke National 
     Education Center; $9,900,000 to the U.S.S. Missouri Memorial 
     Association; $4,000,000 to the Nimitz Center; $3,000,000 to 
     Special Olympics International; and $5,000,000 to the 
     Paralympics Military Program.
       Sec. 8085. The Department of Defense and the Department of 
     the Army shall make future budgetary and programming plans to 
     fully finance the Non-Line of Sight Future Force cannon 
     (NLOS-C) and a compatible large caliber ammunition resupply 
     capability for this system supported by the Future Combat 
     Systems (FCS) Brigade Combat Team (BCT) in order to field 
     this system in fiscal year 2010: Provided, That the Army 
     shall develop the NLOS-C independent of the broader FCS 
     development timeline to achieve fielding by fiscal year 2010. 
     In addition, the Army will deliver five pre-production NLOS-C 
     systems by the end of calendar year 2008 and three pre-
     production NLOS-C systems by the end of calendar year 2009. 
     These systems shall be in addition to those systems necessary 
     for developmental and operational testing.
       Sec. 8086. The budget of the President for fiscal year 2010 
     submitted to the Congress pursuant to section 1105 of title 
     31, United States Code, shall include separate budget 
     justification documents for costs of United States Armed 
     Forces' participation in contingency operations for the 
     Military Personnel accounts, the Operation and Maintenance 
     accounts, and the Procurement accounts: Provided, That these 
     documents shall include a description of the funding 
     requested for each contingency operation, for each military 
     service, to include all Active and Reserve components, and 
     for each appropriations account: Provided further, That these 
     documents shall include estimated costs for each element of 
     expense or object class, a reconciliation of increases and 
     decreases for each contingency operation, and programmatic 
     data including, but not limited to, troop strength for each 
     Active and Reserve component, and estimates of the major 
     weapons systems deployed in support of each contingency: 
     Provided further, That these documents shall include budget 
     exhibits OP-5 and OP-32 (as defined in the Department of 
     Defense Financial Management Regulation) for all contingency 
     operations for the budget year and the two preceding fiscal 
     years.
       Sec. 8087. None of the funds in this Act may be used for 
     research, development, test, evaluation, procurement or 
     deployment of nuclear armed interceptors of a missile defense 
     system.
       Sec. 8088. Up to $2,500,000 of the funds appropriated under 
     the heading ``Operation and Maintenance, Navy'' in this Act 
     for the Pacific Missile Range Facility may be made available 
     to contract for the repair, maintenance, and operation of 
     adjacent off-base water, drainage, and flood control systems, 
     electrical upgrade to support additional missions critical to 
     base operations, and support for a range footprint expansion 
     to further guard against encroachment.
       Sec. 8089. None of the funds appropriated or made available 
     in this Act shall be used to reduce or disestablish the 
     operation of the 53rd Weather Reconnaissance Squadron of the 
     Air Force Reserve, if such action would reduce the WC-130 
     Weather Reconnaissance mission below the levels funded in 
     this Act: Provided, That the Air Force shall allow the 53rd 
     Weather Reconnaissance Squadron to perform other missions in 
     support of national defense requirements during the non-
     hurricane season.
       Sec. 8090. None of the funds provided in this Act shall be 
     available for integration of foreign intelligence information 
     unless the information has been lawfully collected and 
     processed during the conduct of authorized foreign 
     intelligence activities: Provided, That information 
     pertaining to United States persons shall only be handled in 
     accordance with protections provided in the Fourth Amendment 
     of the United States Constitution as implemented through 
     Executive Order No. 12333.
       Sec. 8091. (a) At the time members of reserve components of 
     the Armed Forces are called or ordered to active duty under 
     section 12302(a) of title 10, United States Code, each member 
     shall be notified in writing of the expected period during 
     which the member will be mobilized.
       (b) The Secretary of Defense may waive the requirements of 
     subsection (a) in any case in which the Secretary determines 
     that it is necessary to do so to respond to a national 
     security emergency or to meet dire operational requirements 
     of the Armed Forces.


                     (including transfer of funds)

       Sec. 8092. The Secretary of Defense may transfer funds from 
     any available Department of the Navy appropriation to any 
     available Navy ship construction appropriation for the 
     purpose of liquidating necessary changes resulting from 
     inflation, market fluctuations, or rate adjustments for any 
     ship construction program appropriated in law: Provided, That 
     the Secretary may transfer not to exceed $100,000,000 under 
     the authority provided by this section: Provided further, 
     That the Secretary may not transfer any funds until 30 days 
     after the proposed transfer has been reported to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate, unless a response from the Committees is 
     received sooner: Provided further, That the transfer 
     authority provided by this section is in addition to any 
     other transfer authority contained elsewhere in this Act.
       Sec. 8093. For purposes of section 612 of title 41, United 
     States Code, any subdivision of appropriations made under the 
     heading ``Shipbuilding and Conversion, Navy'' that is not 
     closed at the time reimbursement is made shall be available 
     to reimburse the Judgment Fund and shall be considered for 
     the same purposes as any subdivision under the heading 
     ``Shipbuilding and Conversion, Navy'' appropriations in the 
     current fiscal year or any prior fiscal year.
       Sec. 8094. (a) None of the funds appropriated by this Act 
     may be used to transfer research and development, 
     acquisition, or other program authority relating to current 
     tactical unmanned aerial vehicles (TUAVs) from the Army.
       (b) The Army shall retain responsibility for and 
     operational control of the MQ-1C Sky Warrior Unmanned Aerial 
     Vehicle (UAV) in order to support the Secretary of Defense in 
     matters relating to the employment of unmanned aerial 
     vehicles.
       (c) None of the funds appropriated by this Act may be used 
     to institute an inter-Service common contract for acquisition 
     of MQ-1 or MQ-1C UAVs until 30 days after the Secretary of 
     Defense certifies to the congressional defense committees 
     that a common contract would achieve cost savings, be 
     interoperable with, and not create undue sustainment costs 
     compared to the current fleet.
       Sec. 8095. None of the funds appropriated by this Act, and 
     hereafter, available for the Civilian Health and Medical 
     Program of the Uniformed Services (CHAMPUS) or TRICARE shall 
     be available for the reimbursement of any health care 
     provider for inpatient mental health service for care 
     received when a patient is referred to a provider of 
     inpatient mental health care or residential treatment care by 
     a medical or health care professional having an economic 
     interest in the facility to which the patient is referred: 
     Provided, That this limitation does not apply in the case of 
     inpatient mental health services provided under the program 
     for persons with disabilities under subsection (d) of section 
     1079 of title 10, United States Code, provided as partial 
     hospital

[[Page H9268]]

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

[[Page H9269]]

     transfer to the Secretary of the Air Force, at no cost, all 
     designated lands, easements, Air Installation Compatible Use 
     Zones, and facilities at NASJRB Willow Grove. The airfield at 
     the Horsham Joint Interagency Installation shall be known as 
     ``Pitcairn-Willow Grove Field''.
       (b) Transfer to Commonwealth of Pennsylvania.--
     Notwithstanding any other provision of law, the Secretary of 
     the Air Force shall convey all of the Navy property 
     transferred to the Air Force, as well as excess Air Force 
     property at the Willow Grove Air Reserve Station, to the 
     Commonwealth of Pennsylvania, at no cost, for operation of 
     the Horsham Joint Interagency Installation so long as it is 
     used continuously as the Horsham Joint Interagency 
     Installation. In the event the property is no longer used for 
     the Horsham Joint Interagency Installation, it shall revert 
     to the Department of Defense. Installation property conveyed 
     to the Commonwealth of Pennsylvania may not be reconveyed, 
     but may be leased, subleased, or licensed by the 
     Commonwealth, for any agreed upon term, for use by the United 
     States, its agencies or instrumentalities, at terms agreeable 
     to the United States, or to State or local government 
     agencies, or other associated users.


                     (including transfer of funds)

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

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

       ``(a) Definitions.--In this section:
       ``(1) Completion of the russian heu agreement.--The term 
     `completion of the Russian HEU Agreement' means the 
     importation into the United States from the Russian 
     Federation pursuant to the Russian HEU Agreement of uranium 
     derived from the downblending of not less than 500 metric 
     tons of highly enriched uranium of weapons origin.
       ``(2) Downblending.--The term `downblending' means 
     processing highly enriched uranium into a uranium product in 
     any form in which the uranium contains less than 20 percent 
     uranium-235.
       ``(3) Highly enriched uranium.--The term `highly enriched 
     uranium' has the meaning given that term in section 3102(4).
       ``(4) Highly enriched uranium of weapons origin.--The term 
     `highly enriched uranium of weapons origin' means highly 
     enriched uranium that--
       ``(A) contains 90 percent or more uranium-235; and
       ``(B) is verified by the Secretary of Energy to be of 
     weapons origin.
       ``(5) Low-enriched uranium.--The term `low-enriched 
     uranium' means a uranium product in any form, including 
     uranium hexafluoride (UF6) and uranium oxide 
     (UO2), in which the uranium contains less than 20 
     percent uranium-235, including natural uranium, without 
     regard to whether the uranium is incorporated into fuel rods 
     or complete fuel assemblies.
       ``(6) Russian heu agreement.--The term `Russian HEU 
     Agreement' has the meaning given that term in section 
     3102(11).
       ``(7) Uranium-235.--The term `uranium-235' means the 
     isotope \235\U.
       ``(b) Statement of Policy.--It is the policy of the United 
     States to support the continued downblending of highly 
     enriched uranium of weapons origin in the Russian Federation 
     in order to protect the essential security interests of the 
     United States with respect to the nonproliferation of nuclear 
     weapons.
       ``(c) Promotion of Downblending of Russian Highly Enriched 
     Uranium.--
       ``(1) Completion of the russian heu agreement.--Prior to 
     the completion of the Russian HEU Agreement, the importation 
     into the United States of low-enriched uranium, including 
     low-enriched uranium obtained under contracts for separative 
     work units, that is produced in the Russian Federation and is 
     not imported pursuant to the Russian HEU Agreement, may not 
     exceed the following amounts:
       ``(A) In the 4-year period beginning with calendar year 
     2008, 16,559 kilograms.
       ``(B) In calendar year 2012, 24,839 kilograms.
       ``(C) In calendar year 2013 and each calendar year 
     thereafter through the calendar year of the completion of the 
     Russian HEU Agreement, 41,398 kilograms.
       ``(2) Incentives to continue downblending russian highly 
     enriched uranium after the completion of the russian heu 
     agreement.--
       ``(A) In general.--After the completion of the Russian HEU 
     Agreement, the importation into the United States of low-
     enriched uranium, including low-enriched uranium obtained 
     under contracts for separative work units, that is produced 
     in the Russian Federation, whether or not such low-enriched 
     uranium is derived from highly enriched uranium of weapons 
     origin, may not exceed--
       ``(i) in calendar year 2014, 485,279 kilograms;
       ``(ii) in calendar year 2015, 455,142 kilograms;
       ``(iii) in calendar year 2016, 480,146 kilograms;
       ``(iv) in calendar year 2017, 490,710 kilograms;
       ``(v) in calendar year 2018, 492,731 kilograms;
       ``(vi) in calendar year 2019, 509,058 kilograms; and
       ``(vii) in calendar year 2020, 514,754 kilograms.
       ``(B) Additional imports in exchange for a commitment to 
     downblend an additional 300 metric tons of highly enriched 
     uranium.--
       ``(i) In general.--In addition to the amount authorized to 
     be imported under subparagraph (A) and except as provided in 
     clause (ii), if the Russian Federation enters into a 
     bilateral agreement with the United States under which the 
     Russian Federation agrees to downblend an additional 300 
     metric tons of highly enriched uranium after the completion 
     of the Russian HEU Agreement, 4 kilograms of low-enriched 
     uranium, whether or not such low-enriched uranium is derived 
     from highly enriched uranium of weapons origin and including 
     low-enriched uranium obtained under contracts for separative 
     work units, may be imported in a calendar year for every 1 
     kilogram of Russian highly enriched uranium of weapons origin 
     that was downblended in the preceding calendar year, subject 
     to the verification of the Secretary of Energy under 
     paragraph (10).
       ``(ii) Maximum annual imports.--Not more than 120,000 
     kilograms of low-enriched uranium may be imported in a 
     calendar year under clause (i).
       ``(3) Exceptions.--The import limitations described in 
     paragraphs (1) and (2) shall not apply to low-enriched 
     uranium produced in the Russian Federation that is imported 
     into the United States--
       ``(A) for use in the initial core of a new nuclear reactor;
       ``(B) for processing and to be certified for reexportation 
     and not for consumption in the United States; or
       ``(C) to be added to the inventory of the Department of 
     Energy.
       ``(4) Limited waiver authority.--
       ``(A) In general.--Notwithstanding paragraph (1)(C), if the 
     completion of the Russian HEU Agreement does not occur before 
     December 31, 2013, the import limitations under paragraph 
     (1)(C) shall be waived, and low-enriched uranium may be 
     imported into the United States in the quantities specified 
     in paragraph (2) in a calendar year after 2013, if--
       ``(i) the Secretary of Energy and the Secretary of State 
     jointly determine that--

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

[[Page H9270]]

     completion of the Russian HEU Agreement; and

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

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

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

                                TITLE I

                 DEPARTMENTAL MANAGEMENT AND OPERATIONS

            Office of the Secretary and Executive Management

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

              Office of the Under Secretary for Management

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

                 Office of the Chief Financial Officer

       For necessary expenses of the Office of the Chief Financial 
     Officer, as authorized by section 103 of the Homeland 
     Security Act of 2002

[[Page H9271]]

     (6 U.S.C. 113), $55,235,000, of which $11,000,000 shall 
     remain available until expended for financial systems 
     consolidation efforts.

                Office of the Chief Information Officer

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

                        Analysis and Operations

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

      Office of the Federal Coordinator for Gulf Coast Rebuilding

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

                      Office of Inspector General

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

                                TITLE II

               SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                   U.S. Customs and Border Protection


                         Salaries and Expenses

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

                        automation modernization

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

        border security fencing, infrastructure, and technology

       For expenses for customs and border protection fencing, 
     infrastructure, and technology, $775,000,000, to remain 
     available until expended: Provided, That of the amount 
     provided under this heading, $400,000,000 shall not be 
     obligated until the Committees on Appropriations of the 
     Senate and the House of Representatives receive and approve a 
     plan for expenditure, prepared by the Secretary of Homeland 
     Security and submitted not later than 90 days after the date 
     of the enactment of this Act, for a program to establish and 
     maintain a security barrier along the borders of the United 
     States of fencing and vehicle barriers, where practicable, 
     and other forms of tactical infrastructure and technology, 
     that includes the following--
       (1) a detailed accounting of the program's implementation 
     to date for all investments, including technology and 
     tactical infrastructure, for funding already expended 
     relative to system capabilities or services, system 
     performance levels, mission benefits and outcomes, 
     milestones, cost targets, program management capabilities, 
     identification of the maximum investment, including life 
     cycle costs, related to the Secure Border Initiative program 
     or any successor program, and description of the methodology 
     used to obtain these cost figures;
       (2) a description of how specific projects will further the 
     objectives of the Secure Border Initiative, as defined in the 
     Department of Homeland Security Secure Border Plan, and how 
     the expenditure plan allocates funding to the highest 
     priority border security needs;
       (3) an explicit plan of action defining how all funds are 
     to be obligated to meet future program commitments, with the 
     planned expenditure of funds linked to the milestone-based 
     delivery of specific capabilities, services, performance 
     levels, mission benefits and outcomes, and program management 
     capabilities;
       (4) an identification of staffing, including full-time 
     equivalents, contractors, and detailees, by program office;
       (5) a description of how the plan addresses security needs 
     at the Northern border and ports of entry, including 
     infrastructure, technology, design and operations 
     requirements, specific locations where funding would be used, 
     and priorities for Northern border activities;
       (6) a report on budget, obligations and expenditures, the 
     activities completed, and the progress made by the program in 
     terms of obtaining operational control of the entire border 
     of the United States;
       (7) a listing of all open Government Accountability Office 
     and the Office of Inspector General recommendations related 
     to the program and the status of Department of Homeland 
     Security actions to address the recommendations, including 
     milestones to fully address such recommendations;
       (8) a certification by the Chief Procurement Officer of the 
     Department that the program: (a) has been reviewed and 
     approved in accordance with the investment management process 
     of the Department, and that the process fulfills all capital 
     planning and investment control requirements and reviews 
     established by the Office of Management and Budget, including 
     as provided in Circular A-11, part 7; (b) that the plans for 
     the program comply with the Federal acquisition rules, 
     requirements, guidelines, and practices, and a description of 
     the actions being taken to address areas of non-compliance, 
     the risks associated with such actions, together with any 
     plans for addressing these risks, and the status of the 
     implementation of such actions; (c) that procedures to 
     prevent conflicts of interest between the prime integrator 
     and major subcontractors are established and that the Secure 
     Border Initiative Program Office has adequate staff and 
     resources to effectively manage the Secure Border Initiative 
     program, all contracts, including the exercise of technical 
     oversight; and (d) the certifications required under this

[[Page H9272]]

     paragraph should be accompanied by all documents or 
     memoranda, as well as documentation and a description of the 
     investment review processes used to obtain such 
     certifications;
       (9) a certification by the Chief Information Officer of the 
     Department that: (a) the system architecture of the program 
     is sufficiently aligned with the information systems 
     enterprise architecture of the Department to minimize future 
     rework, including a description of all aspects of the 
     architectures that were or were not assessed in making the 
     alignment determination, the date of the alignment 
     determination, and any known areas of misalignment together 
     with the associated risks and corrective actions to address 
     any such areas; (b) the program has a risk management process 
     that regularly and proactively identifies, evaluates, 
     mitigates, and monitors risks throughout the system life 
     cycle and communicates high-risk conditions to U.S. Customs 
     and Border Protection and Department of Homeland Security 
     investment decision-makers, as well as a listing of all the 
     program's high risks and the status of efforts to address 
     such risks; (c) an independent verification and validation 
     agent is currently under contract for the projects funded 
     under this heading; and (d) the certification required under 
     this paragraph should be accompanied by all documents or 
     memoranda, as well as documentation and a description of the 
     investment review processes used to obtain such 
     certification;
       (10) a certification by the Chief Human Capital Officer of 
     the Department that the human capital needs of the Secure 
     Border Initiative program are being addressed so as to ensure 
     adequate staff and resources to effectively manage the Secure 
     Border Initiative, together with a description of SBI 
     staffing priorities;
       (11) an analysis by the Secretary for each segment, defined 
     as not more than 15 miles, of fencing or tactical 
     infrastructure, of the selected approach compared to other, 
     alternative means of achieving operational control, and such 
     analysis should include cost, level of operational control, 
     possible unintended effects on communities, and other factors 
     critical to the decision making process; and
       (12) is reviewed by the Government Accountability Office:

     Provided further, That the Secretary shall report to the 
     Committees on Appropriations of the Senate and the House of 
     Representatives on program progress, and obligations and 
     expenditures for all outstanding task orders as well as 
     specific objectives to be achieved through the award of 
     current and remaining task orders planned for the balance of 
     available appropriations at least 15 days before the award of 
     any task order requiring an obligation of funds in an amount 
     greater than $25,000,000 and before the award of a task order 
     that would cause cumulative obligations of funds to exceed 50 
     percent of the total amount appropriated: Provided further, 
     That none of the funds provided under this heading may be 
     obligated unless the Department has complied with section 
     102(b)(1)(C)(i) of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note), 
     and the Secretary certifies such to the Committees on 
     Appropriations of the Senate and the House of 
     Representatives: Provided further, That none of the funds 
     under this heading may be obligated for any project or 
     activity for which the Secretary has exercised waiver 
     authority pursuant to section 102(c) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1103 note) until 15 days have elapsed from the date 
     of the publication of the decision in the Federal Register: 
     Provided further, That notwithstanding the previous provisos, 
     $100,000,000 of the amount provided under this heading shall 
     be made available for obligation upon enactment of this Act 
     without restriction.


 Air and Marine Interdiction, Operations, Maintenance, and Procurement

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


                              Construction

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

                U.S. Immigration and Customs Enforcement


                         Salaries and Expenses

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

[[Page H9273]]

                       Federal Protective Service

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


                        Automation Modernization

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

                              construction

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

                 Transportation Security Administration


                           Aviation Security

                     (including transfer of funds)

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

                    surface transportation security

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

           transportation threat assessment and credentialing

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


                    Transportation Security Support

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


                          Federal Air Marshals

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

                              Coast Guard


                           Operating Expenses

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

[[Page H9274]]

     oversight of other projects: Provided further, That the 
     amount made available for ``Personnel, Compensation, and 
     Benefits'' in the ``Acquisition, Construction, and 
     Improvements'' appropriation shall not be increased by more 
     than 10 percent by such transfers: Provided further, That the 
     Committees on Appropriations of the Senate and the House of 
     Representatives shall be notified of each transfer within 10 
     days after it is executed.

                environmental compliance and restoration

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


                            Reserve Training

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

              acquisition, construction, and improvements

       For necessary expenses of acquisition, construction, 
     renovation, and improvement of aids to navigation, shore 
     facilities, vessels, and aircraft, including equipment 
     related thereto; and maintenance, rehabilitation, lease and 
     operation of facilities and equipment, as authorized by law; 
     $1,494,576,000, of which $20,000,000 shall be derived from 
     the Oil Spill Liability Trust Fund to carry out the purposes 
     of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 
     U.S.C. 2712(a)(5)); of which $113,000,000 shall be available 
     until September 30, 2013, to acquire, repair, renovate, or 
     improve vessels, small boats, and related equipment; of which 
     $89,174,000 shall be available until September 30, 2011, for 
     other equipment; of which $68,000,000 shall be available 
     until September 30, 2011, for shore facilities and aids to 
     navigation facilities, including $3,000,000 for Sector 
     Buffalo and $15,000,000 for the Rescue Swimmer Training 
     Facility; of which $92,830,000 shall be available for 
     personnel compensation and benefits and related costs; of 
     which $97,578,000 shall be available until expended for a new 
     Coast Guard and Department of Homeland Security headquarters; 
     and of which $1,033,994,000 shall be available until 
     September 30, 2013, for the Integrated Deepwater Systems 
     program: Provided, That of the funds made available for the 
     Integrated Deepwater Systems program, $244,550,000 is for 
     aircraft and $571,003,000 is for surface ships: Provided 
     further, That $350,000,000 of the funds provided for the 
     Integrated Deepwater Systems program may not be obligated 
     until the Committees on Appropriations of the Senate and the 
     House of Representatives receive directly from the Coast 
     Guard and approve a plan for expenditure that--
       (1) defines activities, milestones, yearly costs, and life 
     cycle costs for each new procurement of a major asset, 
     including an independent cost estimate for each;
       (2) identifies life cycle staffing and training needs of 
     Coast Guard project managers and procurement and contract 
     staff;
       (3) identifies competition to be conducted in, and 
     summarizes the approved acquisition strategy for, each 
     procurement;
       (4) includes a certification by the Chief Human Capital 
     Officer of the Department of Homeland Security that current 
     human capital capabilities are sufficient to execute the 
     expenditure plan;
       (5) includes an explanation of each procurement that 
     involves an indefinite delivery/indefinite quantity contract 
     and explains the need for such contract;
       (6) identifies individual project balances by fiscal year, 
     including planned carryover into fiscal year 2010 by project;
       (7) identifies operational gaps by asset and explains how 
     funds provided in this Act address the shortfalls between 
     current operational capabilities and requirements;
       (8) includes a listing of all open Government 
     Accountability Office and Office of Inspector General 
     recommendations related to the program and the status of 
     Coast Guard actions to address the recommendations, including 
     milestones for fully addressing them;
       (9) includes a certification by the Chief Procurement 
     Officer of the Department that the program has been reviewed 
     and approved in accordance with the investment management 
     process of the Department, and that the process fulfills all 
     capital planning and investment control requirements and 
     reviews established by the Office of Management and Budget, 
     including Circular A-11, part 7;
       (10) identifies use of the Defense Contract Audit Agency;
       (11) includes a certification by the head of contracting 
     activity for the Coast Guard and the Chief Procurement 
     Officer of the Department that the plans for the program 
     comply with the Federal acquisition rules, requirements, 
     guidelines, and practices, and a description of the actions 
     being taken to address areas of non-compliance, the risks 
     associated with them along with plans for addressing these 
     risks, and the status of their implementation;
       (12) identifies the use of independent validation and 
     verification; and
       (13) is reviewed by the Government Accountability Office:

     Provided further, That no funding may be obligated for low 
     rate initial production or initial production of any 
     Integrated Deepwater Systems program asset until Coast Guard 
     revises its Major Systems Acquisition Manual procedures to 
     require a formal design review prior to the authorization of 
     low rate initial production or initial production: Provided 
     further, That the Secretary of Homeland Security shall submit 
     to the Committees on Appropriations of the Senate and the 
     House of Representatives, in conjunction with the President's 
     fiscal year 2010 budget, a review of the Revised Deepwater 
     Implementation Plan that identifies any changes to the plan 
     for the fiscal year; an annual performance comparison of 
     Integrated Deepwater Systems program assets to pre-Deepwater 
     legacy assets; a status report of legacy assets; a detailed 
     explanation of how the costs of legacy assets are being 
     accounted for within the Integrated Deepwater Systems 
     program; and the earned value management system gold card 
     data for each Integrated Deepwater Systems program asset: 
     Provided further, That the Secretary shall submit to the 
     Committees on Appropriations of the Senate and the House of 
     Representatives a comprehensive review of the Revised 
     Deepwater Implementation Plan every 5 years, beginning in 
     fiscal year 2011, that includes a complete projection of the 
     acquisition costs and schedule for the duration of the plan 
     through fiscal year 2027: Provided further, That the 
     Secretary shall annually submit to the Committees on 
     Appropriations of the Senate and the House of 
     Representatives, at the time that the President's budget is 
     submitted under section 1105(a) of title 31, United States 
     Code, a future-years capital investment plan for the Coast 
     Guard that identifies for each capital budget line item--
       (1) the proposed appropriation included in that budget;
       (2) the total estimated cost of completion;
       (3) projected funding levels for each fiscal year for the 
     next 5 fiscal years or until project completion, whichever is 
     earlier;
       (4) an estimated completion date at the projected funding 
     levels; and
       (5) changes, if any, in the total estimated cost of 
     completion or estimated completion date from previous future-
     years capital investment plans submitted to the Committees on 
     Appropriations of the Senate and the House of 
     Representatives:

     Provided further, That the Secretary shall ensure that 
     amounts specified in the future-years capital investment plan 
     are consistent to the maximum extent practicable with 
     proposed appropriations necessary to support the programs, 
     projects, and activities of the Coast Guard in the 
     President's budget as submitted under section 1105(a) of 
     title 31, United States Code, for that fiscal year: Provided 
     further, That any inconsistencies between the capital 
     investment plan and proposed appropriations shall be 
     identified and justified: Provided further, That subsections 
     (a), and (b) of section 6402 of the U.S. Troop Readiness, 
     Veterans' Care, Katrina Recovery, and Iraq Accountability 
     Appropriations Act, 2007 (Public Law 110-28) shall apply to 
     fiscal year 2009: Provided further, That notwithstanding 
     section 503 of this Act, amounts transferred from the 
     ``Operating Expenses'' appropriation for personnel 
     compensation and benefits and related costs to adjust 
     personnel assignment to accelerate management and oversight 
     of new or existing projects may be transferred to the 
     ``Operating Expenses'' appropriation to be merged with that 
     appropriation, to be available under the same terms and 
     conditions for which that appropriation is available, when no 
     longer required for project acceleration or oversight, or to 
     otherwise adjust personnel assignment: Provided further, That 
     the Committees on Appropriations of the Senate and the House 
     of Representatives shall be notified of each transfer within 
     30 days after it is executed.


                         Alteration of Bridges

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


              Research, Development, Test, and Evaluation

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


                              Retired Pay

       For retired pay, including the payment of obligations 
     otherwise chargeable to lapsed appropriations for this 
     purpose, payments under the Retired Serviceman's Family 
     Protection and Survivor Benefits Plans, payment for career 
     status bonuses, concurrent

[[Page H9275]]

     receipts and combat-related special compensation under the 
     National Defense Authorization Act, and payments for medical 
     care of retired personnel and their dependents under chapter 
     55 of title 10, United States Code, $1,236,745,000, to remain 
     available until expended.

                      United States Secret Service


                         Salaries and Expenses

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

     acquisition, construction, improvements, and related expenses

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

                               TITLE III

            PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

              National Protection and Programs Directorate


                     management and administration

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


           Infrastructure Protection and Information Security

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

    united states visitor and immigrant status indicator technology

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

[[Page H9276]]

     Senate and the House of Representatives receive a report on 
     pilot tests of the air exit solution, which shall be reviewed 
     by the Government Accountability Office, and which shall test 
     at least two scenarios: (a) where the airlines collect and 
     transmit biometric exit data as proposed in the notice of 
     proposed rulemaking and (b) where U.S. Customs and Border 
     Protection collects such information at the departure gates.

                        Office of Health Affairs

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

                  Federal Emergency Management Agency


                     Management and Administration

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


                        State and Local Programs

                     (including transfer of funds)

       For grants, contracts, cooperative agreements, and other 
     activities, $3,105,700,000 shall be allocated as follows:
       (1) $950,000,000 shall be for the State Homeland Security 
     Grant Program under section 2004 of the Homeland Security Act 
     of 2002 (6 U.S.C. 605): Provided, That of the amount provided 
     by this paragraph, $60,000,000 shall be for Operation 
     Stonegarden: Provided further, That notwithstanding 
     subsection (c)(4) of such section 2004, for fiscal year 2009, 
     the Commonwealth of Puerto Rico shall make available to local 
     and tribal governments amounts provided to the Commonwealth 
     of Puerto Rico under this paragraph in accordance with 
     subsection (c)(1) of such section 2004.
       (2) $837,500,000 shall be for the Urban Area Security 
     Initiative under section 2003 of the Homeland Security Act of 
     2002 (6 U.S.C. 604), of which, notwithstanding subsection 
     (c)(1) of such section, $15,000,000 shall be for grants to 
     organizations (as described under section 501(c)(3) of the 
     Internal Revenue Code of 1986 and exempt from tax section 
     501(a) of such code) determined by the Secretary of Homeland 
     Security to be at high risk of a terrorist attack.
       (3) $35,000,000 shall be for Regional Catastrophic 
     Preparedness Grants.
       (4) $41,000,000 shall be for the Metropolitan Medical 
     Response System under section 635 of the Post-Katrina 
     Emergency Management Reform Act of 2006 (6 U.S.C. 723).
       (5) $15,000,000 shall be for the Citizen Corps Program.
       (6) $400,000,000 shall be for Public Transportation 
     Security Assistance and Railroad Security Assistance under 
     sections 1406 and 1513 of the Implementing Recommendations of 
     the 9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 
     1135 and 1163), of which not less than $25,000,000 shall be 
     for Amtrak security: Provided, That there shall be no cost 
     share requirement for funds made available under this 
     paragraph and made available for these same purposes in 
     Public Law 110-161: Provided further, That such public 
     transportation security assistance shall be provided directly 
     to public transportation agencies.
       (7) $400,000,000 shall be for Port Security Grants in 
     accordance with 46 U.S.C. 70107.
       (8) $12,000,000 shall be for Over-the-Road Bus Security 
     Assistance under section 1532 of the Implementing 
     Recommendations of the 9/11 Commission Act of 2007 (Public 
     Law 110-53; 6 U.S.C. 1182).
       (9) $8,000,000 shall be for Trucking Industry Security 
     Grants.
       (10) $50,000,000 shall be for Buffer Zone Protection 
     Program Grants.
       (11) $8,000,000 shall be for the Commercial Equipment 
     Direct Assistance Program.
       (12) $50,000,000 shall be for the Interoperable Emergency 
     Communications Grant Program under section 1809 of the 
     Homeland Security Act of 2002 (6 U.S.C. 579).
       (13) $35,000,000 shall remain available until expended, for 
     grants for Emergency Operations Centers under section 614 of 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5196c), as detailed in the 
     statement accompanying this Act.
       (14) $264,200,000 shall be for training, exercises, 
     technical assistance, and other programs, of which--
       (A) $164,500,000 is for purposes of training in accordance 
     with section 1204 of the Implementing Recommendations of the 
     9/11 Commission Act of 2007 (6 U.S.C. 1102), of which 
     $62,500,000 shall be for the Center for Domestic 
     Preparedness; $23,000,000 shall be for the National Energetic 
     Materials Research and Testing Center, New Mexico Institute 
     of Mining and Technology; $23,000,000 shall be for the 
     National Center for Biomedical Research and Training, 
     Louisiana State University; $23,000,000 shall be for the 
     National Emergency Response and Rescue Training Center, Texas 
     A&M University; $23,000,000 shall be for the National 
     Exercise, Test, and Training Center, Nevada Test Site; 
     $5,000,000 shall be for the Transportation Technology Center, 
     Incorporated, in Pueblo, Colorado; and $5,000,000 shall be 
     for the National Disaster Preparedness Training Center, 
     University of Hawaii, Honolulu, Hawaii; and
       (B) $1,700,000 for the Center for Counterterrorism and 
     Cyber Crime, Norwich University, Northfield, Vermont:

     Provided, That not to exceed 3 percent of the amounts 
     provided under this heading may be transferred to the Federal 
     Emergency Management Agency ``Management and Administration'' 
     account for program administration, and an expenditure plan 
     for program administration shall be provided to the 
     Committees on Appropriations of the Senate and the House of 
     Representatives within 60 days of the date of enactment of 
     this Act: Provided further, That for grants under paragraphs 
     (1) through (5), the applications for grants shall be made 
     available to eligible applicants not later than 25 days after 
     the date of enactment of this Act, that eligible applicants 
     shall submit applications not later than 90 days after the 
     grant announcement, and that the Administrator of the Federal 
     Emergency Management Agency shall act within 90 days after 
     receipt of an application: Provided further, That for grants 
     under paragraphs (6) through (10) and (12), the applications 
     for grants shall be made available to eligible applicants not 
     later than 30 days after the date of enactment of this Act, 
     that eligible applicants shall submit applications within 45 
     days after the grant announcement, and that the Federal 
     Emergency Management Agency shall act not later than 60 days 
     after receipt of an application: Provided further, That for 
     grants under paragraphs (1) and (2), the installation of 
     communications towers is not considered construction of a 
     building or other physical facility: Provided further, That 
     grantees shall provide reports on their use of funds, as 
     determined necessary by the Secretary: Provided further, That 
     (a) the Center for Domestic Preparedness may provide training 
     to emergency response providers from the Federal Government, 
     foreign governments, or private entities, if the Center for 
     Domestic Preparedness is reimbursed for the cost of such 
     training, and any reimbursement under this subsection shall 
     be credited to the account from which the expenditure being 
     reimbursed was made and shall be available, without fiscal 
     year limitation, for the purposes for which amounts in the 
     account may be expended, (b) the head of the Center for 
     Domestic Preparedness shall ensure that any training provided 
     under (a) does not interfere with the primary mission of the 
     Center to train State and local emergency response providers: 
     Provided further, That the Government Accountability Office 
     shall report to the Committees on Appropriations of the 
     Senate and the House of Representatives regarding the data, 
     assumptions, and methodology that the Department of Homeland 
     Security uses to assess risk and allocate grants under the 
     Urban Area Security Initiative and State Homeland Security 
     Grant Program not later than 45 days after the date of 
     enactment of this Act: Provided further, That the report 
     shall include an assessment of the reliability and validity 
     of

[[Page H9277]]

     the data used, the basis for the assumptions used, how the 
     methodology is applied to determine the risk scores for 
     individual locations, an analysis of the usefulness of 
     placing States and cities into tier groups, and the 
     allocation of grants to eligible locations: Provided further, 
     That the Department provide the Government Accountability 
     Office with the actual data that the Department used for its 
     risk assessment and grant allocation: Provided further, That 
     the Department provide the Government Accountability Office 
     with access to all data needed for its analysis and report, 
     including specifics on all changes for the fiscal year 2009 
     process, including, but not limited to, all changes in data, 
     assumptions, and weights used in methodology within 7 days 
     after the date of enactment of this Act: Provided further, 
     That any subsequent changes made regarding the risk 
     methodology after the initial information is provided to the 
     Government Accountability Office shall be provided within 7 
     days after the change is made.


                     Firefighter Assistance Grants

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

                emergency management performance grants

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


              Radiological Emergency Preparedness Program

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

                   united states fire administration

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

                            disaster relief

                     (including transfer of funds)

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


            Disaster Assistance Direct Loan Program Account

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

                      flood map modernization fund

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


                     National Flood Insurance Fund

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

                  national predisaster mitigation fund

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

                       emergency food and shelter

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


                        Cerro Grande Fire Claims

                         (RESCISSION OF FUNDS)

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

                                TITLE IV

            RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES

           United States Citizenship and Immigration Services

       For necessary expenses for citizenship and immigration 
     services, $101,740,000, of which

[[Page H9278]]

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

                Federal Law Enforcement Training Center

                         salaries and expenses

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


     Acquisitions, Construction, Improvements, and Related Expenses

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

                         Science and Technology


                     Management and Administration

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

           research, development, acquisition, and operations

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

                   Domestic Nuclear Detection Office

                     management and administration

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


                 Research, Development, and Operations

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


                          Systems Acquisition

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

                                TITLE V

                           GENERAL PROVISIONS


                    (including rescissions of funds)

       Sec. 501. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 502.  Subject to the requirements of section 503 of 
     this Act, the unexpended balances of prior appropriations 
     provided for activities in this Act may be transferred to 
     appropriation accounts for such activities established 
     pursuant to this Act, may be merged with funds in the 
     applicable established accounts, and thereafter may be 
     accounted for as one fund for the same time period as 
     originally enacted.
       Sec. 503. (a) None of the funds provided by this Act, 
     provided by previous appropriations Acts to the agencies in 
     or transferred to the Department of Homeland Security that 
     remain available for obligation or expenditure in fiscal year 
     2009, or provided from any accounts in the Treasury of the 
     United States derived by the collection of fees available to 
     the agencies funded by this Act, shall be available for 
     obligation or expenditure through a reprogramming of funds 
     that: (1) creates a new program, project, or activity; (2) 
     eliminates a program, project, office, or activity; (3) 
     increases funds for any program, project, or activity for 
     which funds have been denied or restricted by the Congress; 
     (4) proposes to use funds directed for a specific activity by 
     either of the Committees on Appropriations of the Senate or 
     the House of Representatives for a different purpose; or (5) 
     contracts out any function or activity for which funding 
     levels were requested for Federal full-time equivalents in 
     the object classification tables contained in the fiscal year 
     2009 Budget Appendix for the Department of Homeland Security, 
     as modified by the explanatory statement accompanying this 
     Act, unless the Committees on Appropriations of the Senate 
     and the House of Representatives are notified 15 days in 
     advance of such reprogramming of funds.
       (b) None of the funds provided by this Act, provided by 
     previous appropriations Acts to the agencies in or 
     transferred to the Department of Homeland Security that 
     remain available for obligation or expenditure in fiscal year 
     2009, or provided from any accounts in the Treasury of the 
     United States derived by the collection of fees or proceeds 
     available to the agencies funded by this Act, shall be 
     available for obligation or expenditure for programs, 
     projects, or activities through a reprogramming of funds in 
     excess of $5,000,000 or 10 percent, whichever is less, that: 
     (1) augments existing programs,

[[Page H9279]]

     projects, or activities; (2) reduces by 10 percent funding 
     for any existing program, project, or activity, or numbers of 
     personnel by 10 percent as approved by the Congress; or (3) 
     results from any general savings from a reduction in 
     personnel that would result in a change in existing programs, 
     projects, or activities as approved by the Congress, unless 
     the Committees on Appropriations of the Senate and the House 
     of Representatives are notified 15 days in advance of such 
     reprogramming of funds.
       (c) Not to exceed 5 percent of any appropriation made 
     available for the current fiscal year for the Department of 
     Homeland Security by this Act or provided by previous 
     appropriations Acts may be transferred between such 
     appropriations, but no such appropriation, except as 
     otherwise specifically provided, shall be increased by more 
     than 10 percent by such transfers: Provided, That any 
     transfer under this section shall be treated as a 
     reprogramming of funds under subsection (b) and shall not be 
     available for obligation unless the Committees on 
     Appropriations of the Senate and the House of Representatives 
     are notified 15 days in advance of such transfer.
       (d) Notwithstanding subsections (a), (b), and (c) of this 
     section, no funds shall be reprogrammed within or transferred 
     between appropriations after June 30, except in extraordinary 
     circumstances that imminently threaten the safety of human 
     life or the protection of property.
       (e) Within 90 days after the date of enactment of this Act, 
     the Secretary of Homeland Security shall submit to the 
     Committees on Appropriations of the Senate and the House of 
     Representatives a report listing all dollar amounts specified 
     in this Act and accompanying explanatory statement that are 
     identified in the detailed funding table at the end of the 
     explanatory statement accompanying this Act or any other 
     amounts specified in this Act or accompanying explanatory 
     statement: Provided, That such dollar amounts specified in 
     this Act and accompanying explanatory statement shall be 
     subject to the conditions and requirements of subsections 
     (a), (b), and (c) of this section.
       Sec. 504. The Department of Homeland Security Working 
     Capital Fund, established pursuant to section 403 of Public 
     Law 103-356 (31 U.S.C. 501 note), shall continue operations 
     as a permanent working capital fund for fiscal year 2009: 
     Provided, That none of the funds appropriated or otherwise 
     made available to the Department of Homeland Security may be 
     used to make payments to the Working Capital Fund, except for 
     the activities and amounts allowed in the President's fiscal 
     year 2009 budget: Provided further, That funds provided to 
     the Working Capital Fund shall be available for obligation 
     until expended to carry out the purposes of the Working 
     Capital Fund: Provided further, That all departmental 
     components shall be charged only for direct usage of each 
     Working Capital Fund service: Provided further, That funds 
     provided to the Working Capital Fund shall be used only for 
     purposes consistent with the contributing component: Provided 
     further, That such fund shall be paid in advance or 
     reimbursed at rates which will return the full cost of each 
     service: Provided further, That the Working Capital Fund 
     shall be subject to the requirements of section 503 of this 
     Act.
       Sec. 505. Except as otherwise specifically provided by law, 
     not to exceed 50 percent of unobligated balances remaining 
     available at the end of fiscal year 2009 from appropriations 
     for salaries and expenses for fiscal year 2009 in this Act 
     shall remain available through September 30, 2010, in the 
     account and for the purposes for which the appropriations 
     were provided: Provided, That prior to the obligation of such 
     funds, a request shall be submitted to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     for approval in accordance with section 503 of this Act.
       Sec. 506. Funds made available by this Act for intelligence 
     activities are deemed to be specifically authorized by the 
     Congress for purposes of section 504 of the National Security 
     Act of 1947 (50 U.S.C. 414) during fiscal year 2009 until the 
     enactment of an Act authorizing intelligence activities for 
     fiscal year 2009.
       Sec. 507. None of the funds made available by this Act may 
     be used to make a grant allocation, discretionary grant 
     award, discretionary contract award, or to issue a letter of 
     intent totaling in excess of $1,000,000, or to announce 
     publicly the intention to make such an award, including a 
     contract covered by the Federal Acquisition Regulation, 
     unless the Secretary of Homeland Security notifies the 
     Committees on Appropriations of the Senate and the House of 
     Representatives at least 3 full business days in advance of 
     making such an award or issuing such a letter: Provided, That 
     if the Secretary of Homeland Security determines that 
     compliance with this section would pose a substantial risk to 
     human life, health, or safety, an award may be made without 
     notification and the Committees on Appropriations of the 
     Senate and the House of Representatives shall be notified not 
     later than 5 full business days after such an award is made 
     or letter issued: Provided further, That no notification 
     shall involve funds that are not available for obligation: 
     Provided further, That the notification shall include the 
     amount of the award, the fiscal year in which the funds for 
     the award were appropriated, and the account from which the 
     funds are being drawn: Provided further, That the Federal 
     Emergency Management Agency shall brief the Committees on 
     Appropriations of the Senate and the House of Representatives 
     5 full business days in advance of announcing publicly the 
     intention of making an award under the State Homeland 
     Security Grant Program; Urban Area Security Initiative; and 
     the Regional Catastrophic Preparedness Grant Program.
       Sec. 508. Notwithstanding any other provision of law, no 
     agency shall purchase, construct, or lease any additional 
     facilities, except within or contiguous to existing 
     locations, to be used for the purpose of conducting Federal 
     law enforcement training without the advance approval of the 
     Committees on Appropriations of the Senate and the House of 
     Representatives, except that the Federal Law Enforcement 
     Training Center is authorized to obtain the temporary use of 
     additional facilities by lease, contract, or other agreement 
     for training which cannot be accommodated in existing Center 
     facilities.
       Sec. 509. None of the funds appropriated or otherwise made 
     available by this Act may be used for expenses for any 
     construction, repair, alteration, or acquisition project for 
     which a prospectus otherwise required under chapter 33 of 
     title 40, United States Code, has not been approved, except 
     that necessary funds may be expended for each project for 
     required expenses for the development of a proposed 
     prospectus.
       Sec. 510.  Sections 519, 520, 522, 528, 530, and 531 of the 
     Department of Homeland Security Appropriations Act, 2008 
     (division E of Public Law 110-161; 121 Stat. 2072, 2073, 
     2074, 2082) shall apply with respect to funds made available 
     in this Act in the same manner as such sections applied to 
     funds made available in that Act.
       Sec. 511. None of the funds in this Act may be used in 
     contravention of the applicable provisions of the Buy 
     American Act (41 U.S.C. 10a et seq.).
       Sec. 512. (a) None of the funds provided by this or 
     previous appropriations Acts may be obligated for deployment 
     or implementation, on other than a test basis, of the Secure 
     Flight program or any other follow-on or successor passenger 
     prescreening program, until the Secretary of Homeland 
     Security certifies, and the Government Accountability Office 
     reports, to the Committees on Appropriations of the Senate 
     and the House of Representatives, that all ten of the 
     conditions contained in paragraphs (1) through (10) of 
     section 522(a) of Public Law 108-334 (118 Stat. 1319) have 
     been successfully met.
       (b) The report required by subsection (a) shall be 
     submitted within 90 days after the Secretary provides the 
     requisite certification, and periodically thereafter, if 
     necessary, until the Government Accountability Office 
     confirms that all ten conditions have been successfully met.
       (c) Within 90 days after the date of enactment of this Act, 
     the Secretary of Homeland Security shall submit to the 
     Committees on Appropriations of the Senate and the House of 
     Representatives a detailed plan that describes: (1) the dates 
     for achieving key milestones, including the date or 
     timeframes that the Secretary will certify the program under 
     subsection (a); and (2) the methodology to be followed to 
     support the Secretary's certification, as required under 
     subsection (a).
       (d) During the testing phase permitted by subsection (a), 
     no information gathered from passengers, foreign or domestic 
     air carriers, or reservation systems may be used to screen 
     aviation passengers, or delay or deny boarding to such 
     passengers, except in instances where passenger names are 
     matched to a Government watch list.
       (e) None of the funds provided in this or previous 
     appropriations Acts may be utilized to develop or test 
     algorithms assigning risk to passengers whose names are not 
     on Government watch lists.
       (f) None of the funds provided in this or any other Act may 
     be used for data or a database that is obtained from or 
     remains under the control of a non-Federal entity: Provided, 
     That this restriction shall not apply to Passenger Name 
     Record data obtained from air carriers.
       Sec. 513. None of the funds made available in this Act may 
     be used to amend the oath of allegiance required by section 
     337 of the Immigration and Nationality Act (8 U.S.C. 1448).
       Sec. 514. None of the funds appropriated by this Act may be 
     used to process or approve a competition under Office of 
     Management and Budget Circular A-76 for services provided as 
     of June 1, 2004, by employees (including employees serving on 
     a temporary or term basis) of United States Citizenship and 
     Immigration Services of the Department of Homeland Security 
     who are known as of that date as Immigration Information 
     Officers, Contact Representatives, or Investigative 
     Assistants.
       Sec. 515. (a) The Secretary of Homeland Security shall 
     research, develop, and procure new technologies to inspect 
     and screen air cargo carried on passenger aircraft by the 
     earliest date possible.
       (b) Existing checked baggage explosive detection equipment 
     and screeners shall be utilized to screen air cargo carried 
     on passenger aircraft to the greatest extent practicable at 
     each airport until technologies developed under subsection 
     (a) are available.
       (c) The Assistant Secretary of Homeland Security 
     (Transportation Security Administration) shall work with air 
     carriers and airports to ensure that the screening of cargo 
     carried on passenger aircraft, as defined in section 
     44901(g)(5) of title 49, United States Code, increases 
     incrementally each quarter.

[[Page H9280]]

       (d) Not later than 45 days after the end of each quarter, 
     the Assistant Secretary shall submit to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     a report on air cargo inspection statistics by airport and 
     air carrier detailing the incremental progress being made to 
     meet the requirements of section 44901(g)(2) of title 49, 
     United States Code.
       Sec. 516. Except as provided in section 44945 of title 49, 
     United States Code, funds appropriated or transferred to 
     Transportation Security Administration ``Aviation Security'', 
     ``Administration'' and ``Transportation Security Support'' 
     for fiscal years 2004, 2005, 2006, and 2007 that are 
     recovered or deobligated shall be available only for the 
     procurement or installation of explosives detection systems, 
     for air cargo, baggage, and checkpoint screening systems, 
     subject to notification: Provided, That quarterly reports 
     shall be submitted to the Committees on Appropriations of the 
     Senate and the House of Representatives on any funds that are 
     recovered or deobligated.
       Sec. 517. Any funds appropriated to United States Coast 
     Guard, ``Acquisition, Construction, and Improvements'' for 
     fiscal years 2002, 2003, 2004, 2005, and 2006 for the 110-123 
     foot patrol boat conversion that are recovered, collected, or 
     otherwise received as the result of negotiation, mediation, 
     or litigation, shall be available until expended for the 
     Replacement Patrol Boat (FRC-B) program.
       Sec. 518. (a)(1) Except as provided in paragraph (2), none 
     of the funds provided in this or any other Act shall be 
     available to commence or continue operations of the National 
     Applications Office until--
       (A) the Secretary certifies in fiscal year 2009 that: (i) 
     National Applications Office programs comply with all 
     existing laws, including all applicable privacy and civil 
     liberties standards; and, (ii) that clear definitions of all 
     proposed domains are established and are auditable;
       (B) the Comptroller General of the United States notifies 
     the Committees on Appropriations of the Senate and the House 
     of Representatives and the Secretary that the Comptroller has 
     reviewed such certification; and
       (C) the Secretary notifies the Committees of all funds to 
     be expended on the National Applications Office pursuant to 
     section 503 of this Act.
       (2) Paragraph (1) shall not apply with respect to any use 
     of funds for activities substantially similar to such 
     activities conducted by the Department of the Interior as set 
     forth in the 1975 charter for the Civil Applications 
     Committee under the provisions of law codified at section 31 
     of title 43, United States Code.
       (b) The Inspector General shall provide to the Committees 
     on Appropriations of the Senate and the House of 
     Representatives, starting six months after the date of 
     enactment of this Act, and quarterly thereafter, a classified 
     report containing a review of the data collected by the 
     National Applications Office, including a description of the 
     collection purposes and the legal authority under which the 
     collection activities were authorized: Provided, That the 
     report shall also include a listing of all data collection 
     activities carried out on behalf of the National Applications 
     Office by any component of the National Guard.
       (c) None of the funds provided in this or any other Act 
     shall be available to commence operations of the National 
     Immigration Information Sharing Operation until the Secretary 
     certifies that such program complies with all existing laws, 
     including all applicable privacy and civil liberties 
     standards, the Comptroller General of the United States 
     notifies the Committees on Appropriations of the Senate and 
     the House of Representatives and the Secretary that the 
     Comptroller has reviewed such certification, and the 
     Secretary notifies the Committees on Appropriations of the 
     Senate and the House of Representatives of all funds to be 
     expended on the National Immigration Information Sharing 
     Operation pursuant to section 503.
       Sec. 519. Within 45 days after the close of each month, the 
     Chief Financial Officer of the Department of Homeland 
     Security shall submit to the Committees on Appropriations of 
     the Senate and the House of Representatives a monthly budget 
     and staffing report that includes total obligations, on-board 
     versus funded full-time equivalent staffing levels, and the 
     number of contract employees by office.
       Sec. 520.  Section 532(a) of Public Law 109-295 (120 Stat. 
     1384) is amended by striking ``2008'' and inserting ``2009''.
       Sec. 521. The functions of the Federal Law Enforcement 
     Training Center instructor staff shall be classified as 
     inherently governmental for the purpose of the Federal 
     Activities Inventory Reform Act of 1998 (31 U.S.C. 501 note).
       Sec. 522. (a) None of the funds provided by this or any 
     other Act may be obligated for the development, testing, 
     deployment, or operation of any portion of a human resources 
     management system authorized by 5 U.S.C. 9701(a), or by 
     regulations prescribed pursuant to such section, for an 
     employee as defined in 5 U.S.C. 7103(a)(2).
       (b) The Secretary of Homeland Security shall collaborate 
     with employee representatives in the manner prescribed in 5 
     U.S.C. 9701(e), in the planning, testing, and development of 
     any portion of a human resources management system that is 
     developed, tested, or deployed for persons excluded from the 
     definition of employee as that term is defined in 5 U.S.C. 
     7103(a)(2).
       Sec. 523.  In fiscal year 2009, none of the funds made 
     available in this or any other Act may be used to enforce 
     section 4025(1) of Public Law 108-458 unless the Assistant 
     Secretary of Homeland Security (Transportation Security 
     Administration) reverses the determination of July 19, 2007, 
     that butane lighters are not a significant threat to civil 
     aviation security.
       Sec. 524. Funds made available in this Act may be used to 
     alter operations within the Civil Engineering Program of the 
     Coast Guard nationwide, including civil engineering units, 
     facilities design and construction centers, maintenance and 
     logistics commands, and the Coast Guard Academy, except that 
     none of the funds provided in this Act may be used to reduce 
     operations within any Civil Engineering Unit unless 
     specifically authorized by a statute enacted after the date 
     of the enactment of this Act.
       Sec. 525. (a) Except as provided in subsection (b), none of 
     the funds appropriated in this or any other Act to the Office 
     of the Secretary and Executive Management, the Office of the 
     Under Secretary for Management, or the Office of the Chief 
     Financial Officer, may be obligated for a grant or contract 
     funded under such headings by a means other than full and 
     open competition.
       (b) Subsection (a) does not apply to obligation of funds 
     for a contract awarded--
       (1) by a means that is required by a Federal statute, 
     including obligation for a purchase made under a mandated 
     preferential program, such as the AbilityOne Program, that is 
     authorized under the Javits-Wagner-O'Day Act (41 U.S.C. 46 et 
     seq.);
       (2) under the Small Business Act (15 U.S.C. 631 et seq.);
       (3) in an amount less than the simplified acquisition 
     threshold described under section 302A(a) of the Federal 
     Property and Administrative Services Act of 1949 (41 U.S.C. 
     252a(a)); or
       (4) by another Federal agency using funds provided through 
     an interagency agreement.
       (c)(1) Subject to paragraph (2), the Secretary of Homeland 
     Security may waive the application of this section for the 
     award of a contract in the interest of national security or 
     if failure to do so would pose a substantial risk to human 
     health or welfare.
       (2) Not later than 5 days after the date on which the 
     Secretary of Homeland Security issues a waiver under this 
     subsection, the Secretary shall submit notification of that 
     waiver to the Committees on Appropriations of the Senate and 
     the House of Representatives, including a description of the 
     applicable contract and an explanation of why the waiver 
     authority was used. The Secretary may not delegate the 
     authority to grant such a waiver.
       (d) In addition to the requirements established by this 
     section, the Inspector General for the Department of Homeland 
     Security shall review departmental contracts awarded through 
     other than full and open competition to assess departmental 
     compliance with applicable laws and regulations: Provided, 
     That the Inspector General shall review selected contracts 
     awarded in the previous fiscal year through other than full 
     and open competition: Provided further, That in determining 
     which contracts to review, the Inspector General shall 
     consider the cost and complexity of the goods and services to 
     be provided under the contract, the criticality of the 
     contract to fulfilling Department missions, past performance 
     problems on similar contracts or by the selected vendor, 
     complaints received about the award process or contractor 
     performance, and such other factors as the Inspector General 
     deems relevant: Provided further, That the Inspector General 
     shall report the results of the reviews to the Committees on 
     Appropriations of the Senate and the House of 
     Representatives.
       Sec. 526.  None of the funds provided by this or previous 
     appropriations Acts shall be used to fund any position 
     designated as a Principal Federal Official for any Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.) declared disasters or emergencies.
       Sec. 527.  None of the funds made available in this Act may 
     be used by United States Citizenship and Immigration Services 
     to grant an immigration benefit unless the results of 
     background checks required by law to be completed prior to 
     the granting of the benefit have been received by United 
     States Citizenship and Immigration Services, and the results 
     do not preclude the granting of the benefit.
       Sec. 528. None of the funds made available in this Act may 
     be used to destroy or put out to pasture any horse or other 
     equine belonging to the Federal Government that has become 
     unfit for service, unless the trainer or handler is first 
     given the option to take possession of the equine through an 
     adoption program that has safeguards against slaughter and 
     inhumane treatment.
       Sec. 529. None of the funds provided in this Act shall be 
     available to carry out section 872 of Public Law 107-296.
       Sec. 530. None of the funds provided in this Act under the 
     heading ``Office of the Chief Information Officer'' shall be 
     used for data center development other than for the National 
     Center for Critical Information Processing and Storage until 
     the Chief Information Officer certifies that the National 
     Center for Critical Information Processing and Storage is 
     fully utilized as the Department's primary data storage 
     center at the highest capacity throughout the fiscal year.

[[Page H9281]]

       Sec. 531. None of the funds in this Act shall be used to 
     reduce the United States Coast Guard's Operations Systems 
     Center mission or its government-employed or contract staff 
     levels.
       Sec. 532. None of the funds appropriated by this Act may be 
     used to conduct, or to implement the results of, a 
     competition under Office of Management and Budget Circular A-
     76 for activities performed with respect to the Coast Guard 
     National Vessel Documentation Center.
       Sec. 533. The Secretary of Homeland Security shall require 
     that all contracts of the Department of Homeland Security 
     that provide award fees link such fees to successful 
     acquisition outcomes (which outcomes shall be specified in 
     terms of cost, schedule, and performance).
       Sec. 534. None of the funds made available to the Office of 
     the Secretary and Executive Management under this Act may be 
     expended for any new hires by the Department of Homeland 
     Security that are not verified through the basic pilot 
     program under section 401 of the Illegal Immigration Reform 
     and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 
     note).
       Sec. 535. None of the funds made available in this Act for 
     U.S. Customs and Border Protection may be used to prevent an 
     individual not in the business of importing a prescription 
     drug (within the meaning of section 801(g) of the Federal 
     Food, Drug, and Cosmetic Act) from importing a prescription 
     drug from Canada that complies with the Federal Food, Drug, 
     and Cosmetic Act: Provided, That this section shall apply 
     only to individuals transporting on their person a personal-
     use quantity of the prescription drug, not to exceed a 90-day 
     supply: Provided further, That the prescription drug may not 
     be--
       (1) a controlled substance, as defined in section 102 of 
     the Controlled Substances Act (21 U.S.C. 802); or
       (2) a biological product, as defined in section 351 of the 
     Public Health Service Act (42 U.S.C. 262).
       Sec. 536. None of the funds made available in this Act may 
     be used by the Secretary of Homeland Security or any delegate 
     of the Secretary to issue any rule or regulation which 
     implements the Notice of Proposed Rulemaking related to 
     Petitions for Aliens To Perform Temporary Nonagricultural 
     Services or Labor (H-2B) set out beginning on 70 Fed. Reg. 
     3984 (January 27, 2005).
       Sec. 537.  Section 831 of the Homeland Security Act of 2002 
     (6 U.S.C. 391) is amended--
       (1) in subsection (a), by striking ``Until September 30, 
     2008,'' and inserting ``Until September 30, 2009 and subject 
     to subsection (d),'';
       (2) by redesignating subsection (d) as subsection (e); and
       (3) by inserting after subsection (c) the following:
       ``(d) Additional Requirements.--
       ``(1) In general.--The authority of the Secretary under 
     this section shall terminate September 30, 2009, unless 
     before that date the Secretary--
       ``(A) issues policy guidance detailing the appropriate use 
     of that authority; and
       ``(B) provides training to each employee that is authorized 
     to exercise that authority.
       ``(2) Report.--The Secretary shall provide an annual report 
     to the Committees on Appropriations of the Senate and the 
     House of Representatives, the Committee on Homeland Security 
     and Governmental Affairs of the Senate, and the Committee on 
     Homeland Security of the House of Representatives detailing 
     the projects for which the authority granted by subsection 
     (a) was used, the rationale for its use, the funds spent 
     using that authority, the outcome of each project for which 
     that authority was used, and the results of any audits of 
     such projects.''.
       Sec. 538. None of the funds made available in this Act may 
     be used for planning, testing, piloting, or developing a 
     national identification card.
       Sec. 539. (a) Notwithstanding any other provision of this 
     Act, except as provided in subsection (b), and 30 days after 
     the date that the President determines whether to declare a 
     major disaster because of an event and any appeal is 
     completed, the Administrator shall submit to the Committee on 
     Homeland Security and Governmental Affairs of the Senate, the 
     Committee on Homeland Security of the House of 
     Representatives, the Committee on Transportation and 
     Infrastructure of the House of Representatives, the 
     Committees on Appropriations of the Senate and the House of 
     Representatives, and publish on the website of the Federal 
     Emergency Management Agency, a report regarding that 
     decision, which shall summarize damage assessment information 
     used to determine whether to declare a major disaster.
       (b) The Administrator may redact from a report under 
     subsection (a) any data that the Administrator determines 
     would compromise national security.
       (c) In this section--
       (1) the term ``Administrator'' means the Administrator of 
     the Federal Emergency Management Agency; and
       (2) the term ``major disaster'' has the meaning given that 
     term in section 102 of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5122).
       Sec. 540. Notwithstanding any other provision of law, 
     should the Secretary of Homeland Security determine that the 
     National Bio and Agro-defense Facility be located at a site 
     other than Plum Island, New York, the Secretary shall 
     liquidate the Plum Island asset by directing the 
     Administrator of General Services to sell through public sale 
     all real and related personal property and transportation 
     assets which support Plum Island operations, subject to such 
     terms and conditions as necessary to protect government 
     interests and meet program requirements: Provided, That the 
     gross proceeds of such sale shall be deposited as offsetting 
     collections into the Department of Homeland Security Science 
     and Technology ``Research, Development, Acquisition, and 
     Operations'' account and, subject to appropriation, shall be 
     available until expended, for site acquisition, construction, 
     and costs related to the construction of the National Bio and 
     Agro-defense Facility, including the costs associated with 
     the sale, including due diligence requirements, necessary 
     environmental remediation at Plum Island, and reimbursement 
     of expenses incurred by the General Services Administration 
     which shall not exceed 1 percent of the sale price: Provided 
     further, That after the completion of construction and 
     environmental remediation, the unexpended balances of funds 
     appropriated for costs in the preceding proviso shall be 
     available for transfer to the appropriate account for design 
     and construction of a consolidated Department of Homeland 
     Security Headquarters project, excluding daily operations and 
     maintenance costs, notwithstanding section 503 of this Act, 
     and the Committees on Appropriations of the Senate and the 
     House of Representatives shall be notified 15 days prior to 
     such transfer.
       Sec. 541.  Any official that is required by this Act to 
     report or certify to the Committees on Appropriations of the 
     Senate and the House of Representatives may not delegate such 
     authority to perform that act unless specifically authorized 
     herein.
       Sec. 542.  The Secretary of Homeland Security, in 
     consultation with the Secretary of the Treasury, shall notify 
     the Committees on Appropriations of the Senate and the House 
     of Representatives of any proposed transfers of funds 
     available under 31 U.S.C. 9703.2(g)(4)(B) from the Department 
     of the Treasury Forfeiture Fund to any agency within the 
     Department of Homeland Security: Provided, That none of the 
     funds identified for such a transfer may be obligated until 
     the Committees on Appropriations of the Senate and the House 
     of Representatives approve the proposed transfers.
       Sec. 543.  Section 520 of Public Law 108-90 (6 U.S.C. 469) 
     is amended--
       (1) by inserting ``(a) Fees.--'' before ``For fiscal year 
     2004 and thereafter''; and
       (2) by adding at the end the following:
       ``(b) Recurrent Training of Aliens in Operation of 
     Aircraft.--
       ``(1) Process for reviewing threat assessments.--
     Notwithstanding section 44939(e) of title 49, United States 
     Code, the Secretary shall establish a process to ensure that 
     an alien (as defined in section 101(a)(3) of the Immigration 
     and Nationality Act (8 U.S.C. 1101(a)(3)) applying for 
     recurrent training in the operation of any aircraft is 
     properly identified and has not, since the time of any prior 
     threat assessment conducted pursuant to section 44939(a) of 
     such title, become a risk to aviation or national security.
       ``(2) Interruption of training.--If the Secretary 
     determines, in carrying out the process established under 
     paragraph (1), that an alien is a present risk to aviation or 
     national security, the Secretary shall immediately notify the 
     person providing the training of the determination and that 
     person shall not provide the training or if such training has 
     commenced that person shall immediately terminate the 
     training.
       ``(3) Fees.--The Secretary may charge reasonable fees under 
     subsection (a) for providing credentialing and background 
     investigations for aliens in connection with the process for 
     recurrent training established under paragraph (1). Such fees 
     shall be promulgated by notice in the Federal Register.''.
       Sec. 544. (a) Not later than six months from the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall consult with the Secretaries of Defense and 
     Transportation and develop a concept of operations for 
     unmanned aerial systems in the United States national 
     airspace system for the purposes of border and maritime 
     security operations.
       (b) The Secretary of Homeland Security shall report to the 
     Committees on Appropriations of the Senate and the House of 
     Representatives not later than 30 days after the date of 
     enactment of this Act on any foreseeable challenges to 
     complying with subsection (a).
       Sec. 545.  If the Assistant Secretary of Homeland Security 
     (Transportation Security Administration) determines that an 
     airport does not need to participate in the basic pilot 
     program, the Assistant Secretary shall certify to the 
     Committees on Appropriations of the Senate and the House of 
     Representatives that no security risks will result by such 
     non-participation.
       Sec. 546. Notwithstanding any other provision of law, and 
     not later than 30 days after the date of submission of a 
     request for a single payment, the President shall provide a 
     single payment for any eligible costs under section 406 of 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5172) for any police station, fire 
     station, or criminal justice facility that was damaged by 
     Hurricane Katrina of 2005 or Hurricane Rita of 2005: 
     Provided, That the President shall not reduce the amount of 
     assistance provided under section 406(c)(1) of

[[Page H9282]]

     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5172(c)(1)) for such facilities: 
     Provided further, That nothing in the previous proviso may be 
     construed to alter the appeal or review process relating to 
     assistance provided under section 406 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5172): Provided further, That the President shall not 
     reduce the amount of assistance provided to a local 
     government under section 406(d) of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5172(d)) more than once for each such type of facility for 
     which that local government is receiving assistance under 
     section 406 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act relating to Hurricane Katrina of 
     2005 or Hurricane Rita of 2005.
       Sec. 547. For grants to States pursuant to section 204(a) 
     of the REAL ID Act of 2005 (division B of Public Law 109-13), 
     $50,000,000, to remain available until expended. In addition, 
     for developing an information sharing and verification 
     capability with States to support implementation of the REAL 
     ID Act, $50,000,000, to remain available until expended: 
     Provided, That none of the funds provided in this section for 
     development of the information sharing and verification 
     system shall be available to create any new system of records 
     from the data accessible by such information technology 
     system, or to create any means of access by Federal agencies 
     to such information technology system other than to fulfill 
     responsibilities pursuant to the REAL ID Act of 2005.
       Sec. 548. Notwithstanding any other provision of law, the 
     Federal Emergency Management Agency shall reimburse Jones 
     County and Harrison County in the State of Mississippi under 
     section 407 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5173) for unreimbursed 
     costs relating to the removal of debris that were incurred by 
     such counties as a result of Hurricane Katrina in 2005.
       Sec. 549. From the unobligated balances of prior year 
     appropriations made available for Transportation Security 
     Administration, $31,000,000 are rescinded: Provided, That the 
     Transportation Security Administration shall not rescind any 
     unobligated balances from the following programs: screener 
     partnership program; explosives detection systems; checkpoint 
     support; aviation regulation and other enforcement; air 
     cargo; and air cargo research and development.
       Sec. 550. From the unobligated balances of prior year 
     appropriations made available for ``Analysis and 
     Operations'', $21,373,000 are rescinded.
       Sec. 551. From unobligated balances of prior year 
     appropriations made available for Coast Guard ``Acquisition, 
     Construction, and Improvements'', $20,000,000 are rescinded: 
     Provided, That no funds shall be rescinded from prior year 
     appropriations provided for the National Security Cutter or 
     the Maritime Patrol Aircraft: Provided further, That the 
     Coast Guard shall submit notification in accordance with 
     section 503 of this Act listing projects for which funding 
     will be rescinded.
       Sec. 552. For fiscal year 2008, funds made available for 
     Federal Emergency Management Agency ``National Predisaster 
     Mitigation Fund'' shall be provided as detailed in the 
     explanatory statement accompanying Public Law 110-161.
       Sec. 553. Section 203(m) of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5133(m)) is 
     amended by striking ``September 30, 2008'' and inserting 
     ``September 30, 2009''.
       This division may be cited as the ``Department of Homeland 
     Security Appropriations Act, 2009''.

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

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

                                TITLE I

                         DEPARTMENT OF DEFENSE

                      Military Construction, Army


                    (including rescissions of funds)

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

              Military Construction, Navy and Marine Corps

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

                    Military Construction, Air Force


                    (including rescission of funds)

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

                  Military Construction, Defense-Wide


              (including transfer and rescission of funds)

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

               Military Construction, Army National Guard


                    (including rescission of funds)

       For construction, acquisition, expansion, rehabilitation, 
     and conversion of facilities

[[Page H9283]]

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

               Military Construction, Air National Guard

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

                  Military Construction, Army Reserve

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

                  Military Construction, Navy Reserve

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

                Military Construction, Air Force Reserve

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

                   North Atlantic Treaty Organization

                      Security Investment Program

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

                   Family Housing Construction, Army

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

             Family Housing Operation and Maintenance, Army

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

           Family Housing Construction, Navy and Marine Corps

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

    Family Housing Operation and Maintenance, Navy and Marine Corps

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

                 Family Housing Construction, Air Force

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

          Family Housing Operation and Maintenance, Air Force

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

         Family Housing Operation and Maintenance, Defense-Wide

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

         Department of Defense Family Housing Improvement Fund

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

                       Homeowners Assistance Fund

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

          Chemical Demilitarization Construction, Defense-Wide

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

            Department of Defense Base Closure Account 1990

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

            Department of Defense Base Closure Account 2005

       For deposit into the Department of Defense Base Closure 
     Account 2005, established by section 2906A(a)(1) of the 
     Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 
     2687 note), $8,765,613,000, to remain available until 
     expended: Provided, That the Department of Defense shall 
     notify the Committees on Appropriations of both Houses of 
     Congress 14 days prior to obligating an amount for a 
     construction project that exceeds or reduces the amount 
     identified for

[[Page H9284]]

     that project in the most recently submitted budget request 
     for this account by 20 percent or $2,000,000, whichever is 
     less: Provided further, That the previous proviso shall not 
     apply to projects costing less than $5,000,000, except for 
     those projects not previously identified in any budget 
     submission for this account and exceeding the minor 
     construction threshold under 10 U.S.C. 2805.

                       Administrative Provisions

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


                     (including transfer of funds)

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


                     (including transfer of funds)

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


                     (including transfer of funds)

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

[[Page H9285]]

     and assess the extent and likelihood, if any, of the 
     liability of the Federal Government with respect to the 
     guarantee.


                     (including transfer of funds)

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


                     (including transfer of funds)

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


                     (including transfer of funds)

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


                     (including transfer of funds)

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

                                TITLE II

                     DEPARTMENT OF VETERANS AFFAIRS

                    Veterans Benefits Administration


                       compensation and pensions

                     (including transfer of funds)

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


                         readjustment benefits

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

[[Page H9286]]

                   veterans insurance and indemnities

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


                 Veterans Housing Benefit Program Fund

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


            Vocational Rehabilitation Loans Program Account

                     (including transfer of funds)

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


          native american veteran housing loan program account

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


  guaranteed transitional housing loans for homeless veterans program 
                                account

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

                     Veterans Health Administration


                            medical services

                     (including transfer of funds)

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


                     medical support and compliance

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


                           medical facilities

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


                    medical and prosthetic research

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

                    National Cemetery Administration

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

                      Departmental Administration


                       general operating expenses

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


                     Information Technology Systems

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


                      office of inspector general

       For necessary expenses of the Office of Inspector General, 
     to include information technology, in carrying out the 
     provisions of

[[Page H9287]]

     the Inspector General Act of 1978 (5 U.S.C. App.), 
     $87,818,000, of which $5,000,000 shall be available until 
     September 30, 2010.


                      construction, major projects

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


                      construction, minor projects

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


       grants for construction of state extended care facilities

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


          grants for construction of state veterans cemeteries

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

                       Administrative Provisions


                     (including transfer of funds)

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


                     (including transfer of funds)

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


                     (including transfer of funds)

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


                     (including transfer of funds)

       Sec. 210. Funds available in this title or funds for 
     salaries and other administrative expenses shall also be 
     available to reimburse the Office of Resolution Management of 
     the

[[Page H9288]]

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


                     (including transfer of funds)

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


                     (including transfer of funds)

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


                     (including transfer of funds)

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


                     (including transfer of funds)

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


                     (including transfer of funds)

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


                     (including transfer of funds)

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

                               TITLE III

                            RELATED AGENCIES

                  American Battle Monuments Commission


                         Salaries and Expenses

       For necessary expenses, not otherwise provided for, of the 
     American Battle Monuments Commission, including the 
     acquisition

[[Page H9289]]

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

                 foreign currency fluctuations account

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

           United States Court of Appeals for Veterans Claims


                         salaries and expenses

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

                      Department of Defense--Civil

                       Cemeterial Expenses, Army


                         salaries and expenses

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

                      Armed Forces Retirement Home


                               trust fund

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

                                TITLE IV

                           GENERAL PROVISIONS

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

  The SPEAKER pro tempore. Pursuant to House Resolution 1488, the 
gentleman from Wisconsin (Mr. Obey) and the gentleman from California 
(Mr. Lewis) each will control 30 minutes.
  The Chair recognizes the gentleman from Wisconsin.


                             General Leave

  Mr. OBEY. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days to revise and extend their remarks and include 
extraneous material on the pending legislation.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Wisconsin?
  There was no objection.
  Mr. OBEY. Mr. Speaker, I yield 5 minutes to the distinguished 
gentleman from Pennsylvania (Mr. Murtha), the Chair of the Defense 
Appropriations Subcommittee.
  Mr. MURTHA. The House Appropriations Subcommittee on Defense has held 
22 hearings and our members and staff have visited over 100 military 
bases and facilities, both here at home and throughout the world. The 
result is a $487.7 billion fiscal year 2009 Defense Appropriations bill 
that supports our troops and their families; invests in equipment 
needed to support the force; imposes fiscal discipline necessary to 
manage the department's resources; and addresses flaws in the U.S. 
national security policy.
  Earlier this year, I was disappointed to hear the Secretary of 
Defense say that the U.S. military must prepare for fighting wars 
against insurgents and militias, he is talking about the future, such 
as those in Iraq and Afghanistan, rather than spend time and resources 
preparing for future conventional conflicts.
  I find these comments to be misguided and lacking in strategic 
vision, and the subcommittee agrees. When 90 percent of our ground 
combat units are rated as not fully mission capable and with what 
happened in Georgia, we need to be prepared for a contingency to 
prevent war.
  This lack of strategic foresight has left our Armed Forces in a 
degraded state of readiness, has left our military facilities in 
disrepair, and has left many defense acquisition programs broken or 
badly damaged. That is in spite the fact that under Jerry Lewis and 
under Bill Young we put all the money we could put into the products in 
order to get them upgraded.
  The bill addresses our future military needs and provides the 
resources urgently needed by the Department of Defense to prepare the 
United States military forces for threats to our national security 
beyond the current wars in Iraq and Afghanistan.
  I am inspired by our troops and their families. Their sacrifice and 
service to this great country are applauded by both the American people 
and this Congress. We may disagree on matters of policy, but we can all 
agree on the need to take care of our troops and tend to the needs of 
their families. This bill addresses these needs in many ways.
  For medical treatment and research, the bill adds $1 billion over the 
budget request within the Defense Health Program. Some of the 
recommendations include $300 million for traumatic brain injury and 
psychological help. Our subcommittee has been in the forefront of 
making sure that we have PTSD in mind; $40 million for medical care 
centers of excellence at Walter Reed Army Medical Center; $150 million 
for breast cancer research; $80 million for prostate cancer research; 
$20 million for ovarian cancer research; and $20 million for lung 
cancer. We found that 20 percent more military families have lung 
cancer than nonmilitary families, so we put money in trying to detect 
it early, which is how we prevent it.
  For Family Advocacy Programs, the bill includes $102 million above 
the budget request, for a total of $410 million.

[[Page H9290]]

  The bill provides $72 million to compensate servicemembers for Stop-
Loss. We originally had more money in, but we couldn't figure out 
exactly how many people we had with Stop-Loss, so we said to the 
military, okay, we put $72 million in. After October 1st, anybody that 
has Stop-Loss gets paid, but you have to go back, do a study, and then 
tell us how much money you need for the period after that.
  The bill provides $734 million above the budget request for the 
renovation and repair of barracks, military hospitals and other O&M 
funding for these facilities.
  The bill includes language to ensure that the DOD takes steps 
necessary to ensure that Walter Reed National Military Medical Center 
and Fort Belvoir remain the gold standard of military medicine.
  The bill expresses concern over the frequency of troop deployments 
and the stress this places on the servicemembers and their families. 
All of us have seen the stress on the families.
  Equipment and support of the forces. Key to improving U.S. military 
posture is to maintain our domestic industrial base.
  Shipbuilding, $14.1 billion.
  The bill provides an additional $523 million for the F-22.
  The bill more efficiently aligns funding of the Joint Strike Fighter, 
$6.3 billion.
  The bill includes $750 million for the National Guard, and we put 
$750 million in the supplemental unanimously.
  The bill includes $3.6 billion for the Army's Future Combat Systems.
  Improving fiscal responsibility. This bill reduces programs which 
have experienced uncontrolled cost growth due to poor management and 
designed instability while increasing funding for oversight activities.
  The bill cuts $650 million from unjustified and uncontrolled growth 
in outsourcing, and adds $24 million for additional personnel required 
by the DOD Inspector General to oversee growth of DOD contracts.
  For instance, I just saw in the news media, and that doesn't mean it 
is true, but there is $13 billion that has gotten lost someplace in the 
Iraq spending, $9 billion of it U.S. funds, according to the newspaper.
  The bill reduces the presidential helicopter program, but we kept it 
alive, hoping we can get the cost down for the individual.
  It cuts $197 million and 16 aircraft from the Armed Recognizance 
Helicopter.
  I recommend that the Members vote for this bill. It is an entire 
bill. When the bill is signed by the President, it will be money for 
the rest of the year.

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[[Page H9295]]

  Mr. LEWIS of California. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I come to the floor today with serious reservations 
about the process, or rather the lack of process, governing the 
development of this year's end spending bill.
  This package is made up of several components. We have just heard 
from the Defense Chairman. It also includes the Homeland Security bill 
and the Military Construction-VA spending bills, all of these together 
total some $603 billion; a continuing resolution for nine spending 
bills funded at fiscal year 2008 levels; emergency spending totaling 
something in the neighborhood of $23 billion; and other provisions 
costing even billions more.
  If you are like me, you have a great many questions about what is 
actually included in this package. The simple truth is this: Very few 
people have any idea what is in it. During this time of economic 
uncertainty, our constituents are demanding oversight, transparency and 
accountability from Congress.
  Last Friday, I began writing a letter to the three leaders writing 
this legislation. My message was simple: Given the size and scope of 
this spending bill, it is paramount that House Members and Senators of 
both parties be active participants in crafting this bill. I felt then, 
and I feel now, that it is essential that chairmen and ranking members 
of our Appropriations subcommittees be at the table during substantive 
negotiations.
  I didn't send the letter, Mr. Speaker, because on Saturday morning I 
was told that the key elements of the spending bill were already in 
place and that there would be no Member or Senator participation. In 
other words, no full Appropriations Committee consideration, no 
meetings involving the key chairmen and ranking members, and no formal 
House-Senate conference deliberations.
  I am convinced that the completion of this legislation without the 
full participation of Members and Senators will result in lasting long-
term damage to not just the Appropriations Committee, but also to the 
institution, the House of Representatives that I love. It also leads 
the House and Senate into an unprecedented dangerous territory by 
handing the sole decision-making authority on national spending 
practices to a handful of elected leaders and a whole lot of unelected 
staff members.
  It is not as if these leaders were negotiating 12 individual spending 
bills that had passed the House and the Senate. This year, the House 
has passed one funding bill. The Senate has not passed any. Over the 
last 2 years, out of the 24 regular order bills, the Appropriations 
Committee in the House has produced exactly one regular order 
conference report.
  The challenge of developing and passing a Federal budget requires 
full active participation of Members and Senators in the full 
Appropriations Committee, on the floor of the House and Senate, and 
through an open House-Senate conference committee.

                              {time}  1415

  By the way, I might mention it was suggested on the floor earlier 
today that the chairman of our committee indicated the reason we 
haven't had a full, open committee hearing regarding this process was 
because Members tend to stand up and pontificate in open hearings.
  Well, let me suggest that may very well be the case, and I wouldn't 
suggest that our chairman was ever known for pontificating, but, in the 
meantime, this lack of Member involvement is absolutely unacceptable. 
All year long, the majority leadership has chosen to ignore regular 
order. The assumption has been that Barack Obama would be elected 
President in November, and that he would support higher levels of 
spending all across the board.
  But join me in this question: What happens if John McCain gets 
elected President? And what if that President draws an even tougher 
line than President Bush? What does that mean? Does that mean, Mr. 
Chairman, that we won't have Appropriations Committee meetings or 
hearings or bills for another 4 years? It is an interesting question.
  When I first came to Congress, legislation was drafted by Members 
with jurisdiction over the issues of the day. Members of both parties 
had every opportunity to participate in the debate by offering 
amendments.
  Today, whether you are Republican or a Democrat, you no longer have 
any opportunity to participate, no opportunity to offer amendments, no 
opportunity to settle meaningful differences in the committee and on 
the House floor or in the conference between the House and the Senate.
  My colleagues, this is no way to govern. We ought to work together, 
produce spending bills through a legitimate committee process and 
return to a full and open debate in committee and on the House floor.
  Let me say that I did have a conversation just yesterday, indeed a 
cursory conversation, with my chairman, Mr. Obey, about what's in this 
bill. I appreciated that opportunity to chat for a few minutes about 
this horrendous process as well as this bill.
  Let me say that the issue that seemed to have paralyzed the process 
this year, and caused the committee to essentially close down, involves 
the majority's unwillingness to address the high price of oil and gas. 
That issue is finally, at least in part, addressed with this bill. Had 
we dealt with the OCS moratorium in June, the committee probably would 
have completed all of its bills, but we chose not to let that process 
go forward.
  It is now late September, and, finally, the voices of millions of 
Americans, financially drained from paying $4 a gallon for gasoline, 
they are finally being heard. Section 152 of the CR represents a 
gigantic step in the right direction relative to energy independence. 
We actually suspend the moratorium on drilling in the United States.
  Now, frankly, depending on who is elected as President, we may have 
to worry about that next year. I mean, a President could literally be 
involved in reestablishing that moratorium and thereby hampering 
America one more time.
  In closing, I don't believe we should shut down our government. We 
must support funding for our troops, our veterans, and protect our 
homeland. Each of the 535 House Members and Senators should have played 
a role in shaping this bill.
  It is time that we insist upon a return to regular order. It's 
certainly time that we get back to that which the Speaker promised, an 
open and transparent process with everybody's involvement, Members, but 
also the public as well.
  Mr. Speaker, I proudly reserve the balance of my time.
  Mr. OBEY. Mr. Speaker, I yield 4 minutes to the distinguished 
gentleman from North Carolina, chairman of the Homeland Security 
subcommittee.
  Mr. PRICE of North Carolina. Mr. Speaker, I am pleased that the 
package we are considering today includes the fiscal year 2009 funding 
for the Department of Homeland Security.
  The Homeland Security provisions are the product of months of 
information-gathering and analysis by both the House and Senate 
subcommittees, and they reflect a careful matching of dollars to 
priorities. Our subcommittee held 15 hearings featuring testimony from 
department officials, watch-dog agencies and outside experts, and what 
we are voting on today is well informed by what we learned from those 
hearings. As always, we are indebted to our dedicated professional 
staff and the staff from our personal offices who have worked with 
them.
  I want to thank our distinguished ranking member, Mr. Rogers, for his 
advice and partnership in helping make this a better bill. He and his 
staff worked cooperatively with us during the bill-writing process and 
during our negotiations with the Senate, and they provided many 
constructive suggestions and additions. I also want to recognize Mr. 
Rogers' substantial and lasting contribution as the first chairman of 
this subcommittee, especially since this is likely to be his last year 
as our ranking member.
  The discretionary total in the bill is $39.98 billion, $2.31 billion 
or 6 percent above the comparable fiscal year 2008 amount--that 
includes funding with an emergency designation--and $2.37 billion above 
the administration's requested funding level.
  Our primary objective in this bill was to correct known funding 
deficiencies,

[[Page H9296]]

which were substantial. Prime among these was the President's proposal 
to cut first responder, transit, and port grant programs by $2 billion, 
or 49 percent. This bill restores funding for these grants.
  A second deficiency in the President's budget was the proposed repeal 
of law enforcement officer benefits for CBP officers. The bill provides 
the full $200 million necessary to pay for these benefits in fiscal 
year 2009.
  The last major deficiency in the President's budget was a proposed 
$140 million cut for explosive detection equipment at airports. This 
cut was based on assumed revenue from a new passenger surcharge that 
has not been enacted. The bill restores the $140 million to provide 
level funding at $544 million for this program.
  The bill also reduces funding that was not fully justified, or for 
which the budget justification overestimated the need, and it uses the 
savings to provide increases above the President's request for critical 
priorities. This includes $200 million for the Emergency Food and 
Shelter Program, $100 million more than the President requested and $47 
million more than was provided in fiscal year 2008. Such an increase is 
warranted by the rising number of Americans who are relying on food 
banks and other community support organizations to meet their basic 
needs.
  The bill includes $4.99 billion for Immigration and Customs 
Enforcement, $241 million above the request, and it targets $1 billion 
for identifying and deporting dangerous criminal aliens. The President 
proposed no additional dedicated funds for this activity, which should 
be ICE's top priority.
  The bill fully funds the request for border infrastructure and 
technology, while continuing a requirement that the Department consult 
with local communities on the character and placement of such 
infrastructure. This does not give border communities a veto over 
departmental decisions about fencing or other infrastructure, but it 
does give them a right to be heard.
  As in past years, the bill requires the Department to provide a plan 
for how it will allocate its appropriation for border infrastructure 
and technology, and it withholds a portion of the appropriation until 
that plan is reviewed by GAO and approved by the committee.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. OBEY. I yield the gentleman 1\1/2\ additional minutes.
  Mr. PRICE of North Carolina. The bill, including funding provided 
through the disaster relief package, includes $9.3 billion for the 
Disaster Relief Fund, ensuring that FEMA can continue its work helping 
communities recover from recent disasters.
  The bill imposes requirements on the Homeland Security Department to 
manage its programs efficiently and robustly, and to ensure that 
programs comply with all laws before they begin operations. The bill 
withholds a total of $1.4 billion to ensure that this planning takes 
place before taxpayer dollars are spent. Programs for which funding is 
conditioned include the Secure Border Initiative, Deepwater, and Cyber 
Security.
  Also, I want to correct some comments made on this floor earlier 
about a sensitive DHS program. The bill does not provide funding for 
DHS's National Applications Office to use surveillance satellites for 
Homeland Security or law enforcement purposes. The bill does allow for 
the Department to use satellites for scientific and emergency 
purposes--for example, assessing damage from earthquakes or hurricanes. 
That's being done today. But provisions in this bill bar the Department 
from using these assets to pay for any other purpose until the 
Department explains how it will use them, protecting our citizens' 
rights and liberties, until the GAO reviews that explanation, and until 
our committee approves the expenditure of funds.
  Mr. Speaker, this Homeland Security portion of the bill represents 
the right balance of investments and cost savings to ensure that we 
continue to make our homeland more secure, and it makes clear that the 
Federal Government will continue to be a faithful partner with State 
and local governments in that endeavor.
  I urge colleagues to support this bill.
  Mr. LEWIS of California. Mr. Speaker, I yield 4 minutes to the 
gentleman from Florida, who is the former chairman of the full 
committee as well as the Defense subcommittee.
  Mr. YOUNG of Florida. Mr. Speaker, the Defense part of this bill is a 
very important part of the package, although it's only one of three 
appropriations bills.
  It's a good bill. The Republican members and the Democratic members 
of the subcommittee all played a part in drafting this legislation and 
coming to the final product.
  I want to express my appreciation to Chairman Murtha for the fact 
that he included us in every step of the way. I have had the privilege 
of chairing this subcommittee on two different occasions. Mr. Murtha is 
serving as chairman the second time in his career. Whether he was 
chairman or I was chairman, all members, Republican or Democrat, were 
included in the process. We were this year as well.
  The problem is, once we finished our part of the process, the process 
broke down. This bill, for the first time, as long as I can remember in 
many years, did not go to the full committee for the committee to 
review it, did not go to the floor, did not go to an official formal 
conference. Nevertheless, the product is a good product. It's a good 
bill.
  Chairman Murtha has explained the highlights of this bill. I agree 
with what he said about the importance of all of those issues.
  Another one of these bills is the bill that provides for military 
construction and for our veterans, and I have the privilege of serving 
as a member of that subcommittee. I would say that under Chairman Chet 
Edwards, the same thing happened. The Republicans and the Democrats all 
had a chance to be players in making a decision on what was included in 
that bill.
  Chairman Edwards had the good fortune to get his bill to the full 
committee, and it was reviewed and adopted almost the way he wrote it. 
Then it came to the floor, and it was passed here on the floor with all 
Members having an opportunity to discuss it, to debate it, and offer 
amendments if necessary. The bill, a good bill, passed. You have got 
the Veterans bill and you have got the Defense bill as part of this 
overall package, and I strongly support both of them.
  But I do have to speak out against the procedure. I just don't think 
that it's right that all of the Members have not had an opportunity to 
review these bills when they could debate them, when they could offer 
amendments to the bills. It probably wouldn't have changed either one 
of these two bills very much, if any, because they are both good bills. 
So I stand here objecting to the procedure, but I stand here supporting 
those two bills. From what I have heard, I am not a member of the 
Homeland Security subcommittee, but I understand that it is also a good 
bill.
  So I have no objection. I support the bills, but I do object to the 
process. We need to vote this package today. The end of the fiscal year 
is rapidly approaching. In 5 more days, the fiscal year is over. We 
don't want the Defense Department and the soldiers and sailors and 
airmen and marines, who are protecting this country, to go without 
knowing what they are going to have by way of funds for training, by 
way of funds for equipment, by way of funds for protective gear for 
themselves. This is a commitment that I think all of us in this Chamber 
have made.
  We want to guarantee that our military troops, our heroes who protect 
this Nation, have the best equipment that is possibly available to them 
to do their job and have the best training on how to use that equipment 
and use it effectively to do their job and have the best protective 
gear to protect them while they are doing their job. So all in all, I 
suggest we vote for this package.

                              {time}  1430

  Mr. OBEY. Mr. Speaker, I yield 4 minutes to the distinguished 
gentleman from Texas, the chairman of the Military Construction 
Subcommittee.
  Mr. EDWARDS of Texas. Mr. Speaker, less than 2 years ago, a new 
Speaker of the House, Nancy Pelosi, made a solemn promise to America's 
veterans. The gentlewoman from California said that the new 110th 
Congress would honor our veterans not just with our words, but with our 
budgets that would be truly worthy of their sacrifice.
  With the passage of this bill, Speaker Pelosi has kept her promise to 
those

[[Page H9297]]

who have kept their promise to serve our Nation. With the dedicated 
leadership of Chairmen Obey, Spratt, Filner, and an incredible staff, 
in just 2 years this House will have increased veterans' health care 
and benefits funding by more than the Republican-led House did in the 
previous 12 years. In 2 years, the 110th Congress will have done more 
to increase funding for veterans' health care and benefits than any 
Congress in the history of our Nation. Promises made, promises kept to 
America's heroes. That's what this bill is all about.
  Specifically, this bill adds to last year's historic increase in 
veterans' programs by increasing VA health care and benefits funding by 
$4.5 billion. That is $2.8 billion above the President's request.
  What does this mean to our veterans?
  By hiring more doctors and nurses, health care services will be 
expanded, and waiting time for doctors' appointments will be shorter. 
For the first time since 2003 when the Bush administration put a rigid 
income cap on veterans eligible for VA health care, we will open the 
doors of VA hospitals and clinics to more middle-income veterans.
  For veterans having to drive long distances to VA hospitals and 
clinics, the VA mileage reimbursement, which was just 11 cents in 2007, 
will now be 41.5 cents per mile.
  For many Iraq and Afghan war veterans, this bill will ensure the 
mental health care services they need and deserve to rebuild their 
lives.
  For veterans who never delayed in answering their call to duty, this 
bill will mean shorter waiting times for their earned benefits to be 
approved.
  For military troops and their families, this bill will mean better 
housing, more daycare centers and modernized training facilities with a 
military construction budget that is $649 million above the President's 
request.
  And let me thank our ranking member, the gentleman from Tennessee 
(Mr. Wamp) for his partnership every step of the way; and Mr. Young and 
the other members of our subcommittee, both Republican and Democrat 
alike, who helped build this bipartisan bill on military construction 
and veterans.
  Mr. Speaker, a vote for this bill is a vote of respect, respect for 
those who have given so much in service to our Nation in uniform. They 
have kept their promise. Today, let us keep ours.
  Mr. LEWIS of California. Mr. Speaker, I am proud to yield 5 minutes 
to my colleague, Hal Rogers, the chairman of the Homeland Security 
Committee.
  Mr. ROGERS of Kentucky. Mr. Speaker, let me start by echoing Ranking 
Member Lewis's misgivings about this so-called process. While I am 
certainly no stranger to omnibus appropriations bills, I must say we 
could have avoided this amended bill business that we are going through 
here today, this kabuki dance, and actually conferenced each bill. That 
was certainly the case on the Homeland Security bill when Republicans 
were in the majority. The bill was debated on the House floor. It was 
brought through the conference committee with the Senate in regular 
order.
  Instead, this has been a closed-door process largely devoid of Member 
input, no formal conference, no motion to recommit, very little debate. 
Needless to say, this process falls far short of the open and fair 
debate that has been a hallmark of this People's House.
  Now, having said that, and getting that off my chest, I am reminded a 
bit of what Mark Twain said about Wagner's music. He said it is really 
better than it sounds. And this bill is better than I have just 
described it.
  I have to commend Chairman Price on doing his very best through this 
flawed process, looking out for House priorities and putting together a 
thoughtful agreement on the homeland security portion of this bill.
  This division includes substantial funding for critical border 
security, immigration enforcement, infrastructure protection, and State 
and local programs that will certainly make our Nation safer and more 
secure.
  I also want to applaud Chairman Price's efforts in keeping DHS on 
track to produce results and continuing our subcommittee's tradition of 
strict accountability. Tying funding to results has always been the 
mantra of this subcommittee, and I trust it will thus ever be so.
  Lastly, I would be remiss, Mr. Speaker, without personally thanking 
Chairman Price for accommodating the minority's concerns where 
possible. He has approached his duties as chairman with the honorable 
statesmanship for which he is known in this chamber, and I have 
sincerely valued my time in serving alongside him over the last 2 
years.
  Mr. Speaker, I reflect upon the last 6 years in which I have had the 
privilege of serving both as chairman and now ranking member on the 
Homeland Security Appropriations Subcommittee. I am struck by both the 
progress that we have made since 9/11 and the daunting challenges that 
remain before us. Homeland security is not just about guns, guards and 
gizmos. It is about the dedication of hundreds of thousands of people 
who are working tirelessly and standing the watch to keep us safe. We 
must all remember that the department is only 5 years old, a fledgling 
agency that is mature in some areas, sadly deficient in others.
  And it is this continued development of DHS that probably concerns me 
most. I have always cautioned the department to resist a migration 
toward the bureaucratic inertia that so grips and paralyzes many 
government agencies. In the case of homeland security, the mission is 
far too critical to head down such a cumbersome path to failure.
  I remain hopeful the vast resources we have devoted to homeland 
security over the past 6 years have not only made us more secure 
against known threats, but also more prepared for those we have not 
even thought of. It is this devotion to resolute vigilance and constant 
improvement that will carry our great Nation through the fire and over 
all of those who wish to do us harm.
  Again, let me thank the staff for the work that they have contributed 
on this bill, both majority and minority and personal office staffs 
have all pitched in. We have had a good time working together, and I 
would like to say finally how much I have enjoyed working with the new 
chairman of this subcommittee, David Price, who has been agreeable most 
of the time and has been a gentleman all of the time. I have enjoyed 
our association, and wish that it would continue.
  Mr. OBEY. Mr. Speaker, I yield 1 minute to the distinguished majority 
leader.
  Mr. HOYER. I thank the distinguished chairman of the Appropriations 
Committee for yielding.
  I rise obviously in very strong support of this continuing resolution 
and the three full bills that are attached to it and the other nine of 
course that will be funded at last year's level with certain exceptions 
that are necessary to act responsibly. Obviously, passing a CR is never 
an ideal step.
  I want to say that as someone who served on the Appropriations 
Committee for 23 years, actually 25 years, I guess, I hold that 
committee in very high regard. And I am pleased that I am following the 
Representative from Kentucky, the ranking member of this committee, as 
he spoke not only about the substance of the bill that he has been most 
intimately involved in, but as well of the respect that he and the 
chairman have for one another and the ability they have to work 
together. I think it has been one of the hallmarks of the 
Appropriations Committee that has been possible.
  Regrettably, however, very frankly from my perspective, forces 
outside of the context of the Appropriations Committee, for whatever 
reasons, whether they are from the administration or from each of our 
caucuses, has undermined that ability of the committee to work the way 
it has worked and wants to work.
  No one in this body is more attuned to the needs of this body, loves 
this institution more, is more a student of this institution, and very 
frankly is a better legislator than the chairman of this committee, my 
friend, David Obey. I want to congratulate him for the extraordinary 
patience, and he is not known as a patient man, which makes his 
patience even more extraordinary, that he has been working on a bill 
that has been so frustrating for him, as well as the committee and the 
Congress.
  The CR does contain a number of important funding provisions: an 
increase

[[Page H9298]]

in the Home Energy Assistance Program which the chairman has been 
involved in all of his congressional career, which spans some 3\1/2\, 
almost 4 decades. It helps families heat their houses during a winter 
of high fuel costs.
  It includes funding for Pell Grants to ensure that college aid is not 
cut in the middle of the school year so that our students will have 
access to college; and nutrition funding for women and children 
struggling with the economic downturn and food prices that confront 
them.
  Nevertheless, we are debating, frankly, a CR today because we did not 
complete the appropriations process. I think that is regrettable. I 
hope we do not repeat that next year. I see Mr. Wamp shaking his head 
as a ranking member. I think everybody on the Appropriations Committee 
wants to make sure that we can complete our process next year. And I 
think we can.
  Very frankly, we were confronted, the chairman was confronted with an 
administration who wanted to limit funding, frankly, far below what was 
possible in order to meet the responsibilities that we have to this 
Nation and to our people.
  Today's outcome was a direct result, in my opinion, of the White 
House's unwillingness to come to the table to discuss funding levels 
for priorities, to determine what those priorities are, whether they be 
the National Institutes of Health, whether they be vocational education 
programs, whether they be protecting our environment; or, very frankly, 
whether they be overseeing in a regulatory way the financial community, 
the failure of which has led us to a very critical time in our 
country's history.
  There were 20 programs eliminated. Congress did not agree with all of 
those. The administration would have slashed funds for crumbling 
infrastructure, law enforcement, for energy research. Those are items 
which could have been debated and should have been debated and brought 
to this floor, but because there was no flexibility, that did not 
occur.
  Simply saying, We'll adopt your priorities, Mr. President, is 
inconsistent with article I of the Constitution which gives to the 435 
of us that have been elected by the people of this country to come and 
to set priorities for our country. We do so in a representative way. 
The President, very frankly, is elected to make a determination on our 
product, not to tell us what our product is, but to make a judgment 
once our product is passed whether or not he will agree. If he does not 
agree, he vetoes that bill and then we have a determination to make by 
two-thirds vote that we disagree with his judgment. That is the way 
that the process should work, not be told that your product is going to 
be unacceptable unless it is as I tell you.
  With his veto threat hovering over the entire appropriations process, 
stifling debate and compromises, that process simply could not 
continue.
  I want to again congratulate Mr. Obey. If we do not pass this CR, of 
course, the government runs out of funding authority on the 30th of 
this month. October 1 is the beginning of our fiscal year. We really 
don't have an alternative. The only responsible vote, in my opinion, is 
to pass this bill.
  I want to congratulate Mr. Murtha and Mr. Lewis and Mr. Young. I want 
to thank Mr. Young for the extraordinary leadership he brings to this 
House. Mr. Young is not of my party, but he is, I think, one of those 
who has the highest character and care for the people of America. His 
willingness to work together has been, I think, in large part 
responsible for us getting a defense product with Mr. Murtha that this 
House will overwhelmingly support, in my opinion.
  I want to thank Mr. Lewis as well for helping to bring this bill to 
the floor. I want to congratulate those with the Homeland Security and 
the Military Construction and VA parts of this bill.

                              {time}  1445

  They are bills which have been considered, and I think are going to 
be overwhelmingly supported.
  I would urge all of my colleagues, meet our responsibilities, fund 
our government, come back here in an atmosphere in which open debate as 
to the priorities of our country is welcomed by all sides, and have a 
full appropriation process next year.
  In closing, let me again congratulate and thank the gentleman from 
Wisconsin for his leadership, without which we would not have been able 
to get this bill as far as it has gotten to its passage and to fund our 
government in the coming months.
  Mr. LEWIS of California. Mr. Speaker, I yield 5 minutes to the 
ranking member of the committee dealing with military construction and 
veterans benefits, the gentleman from Tennessee (Mr. Wamp).
  Mr. WAMP. I thank the distinguished ranking member for the time and 
for the courtesies and instruction and help along the way that he has 
given me.
  It is an honor to follow the majority leader. I know that he and the 
Speaker of the House, having both served on the Appropriations 
Committee, are frustrated, as we are, that we're only this far along on 
the appropriations process, with three of the 12 bills here as the 
fiscal year ends next week.
  Having said that, I want to say that it is really awesome to be on 
the floor today participating in the discussion around the three bills 
that are included in this package because of the quality of the people 
involved in these three bills. The new majority, obviously, is punting 
on nine bills, but they're rightly bringing the three security-related 
bills to the floor before the fiscal year starts next week.
  And the people involved here on our committee, when I think of the 
chairman of the full committee, Mr. Obey, and the ranking member of the 
full committee, Mr. Lewis of California, and Chairman Murtha on the 
Defense Committee, and former Chairman Young, the ranking member of the 
Defense Committee, and I think of David Price and Hal Rogers on 
Homeland Security, Chet Edwards, the chairman of the committee that I'm 
the ranking member on, to be included with these people, from both 
parties, is a real awesome honor for me because this is my first time 
at this level of being involved in this process.
  But I've got to tell you that a far greater honor than being 
associated with any of you is this greatest honor of my adult life, 
outside of my family, in my professional life for sure, is to be the 
ranking member of the appropriations subcommittee that serves the 
people who serve us in uniform, past and present. What an unbelievable 
honor. What an emotional year Chairman Edwards and I had, hearing from 
the commands around the world and their military construction needs and 
the quality of life issues for every single man and woman in uniform, 
hearing from the families, the enlisted personnel, the officers.
  And former Chairman Young is on our subcommittee, giving us great 
senior counsel. And then for our veteran communities to come before us 
and see us come together at record levels of funding for our men and 
women in uniform, both past and present, this is important. This is 
incredibly important. It is the highest honor I've had in my 
professional life to be associated with this responsibility.
  But I am frustrated, as I know many are from both sides of the aisle, 
that the other nine bills effectively are kicked over 5 months into the 
next fiscal year at flat funding, level funding. And I do know that a 
fair assessment as the issue of energy became involved in this process, 
mid summer, one party advancing on the issue of energy, frankly, the 
other party in retreat on the issue of energy, and it definitely 
compounded this process because every one of these bills involves 
energy because energy is everything right now in this country. It's 
critically tied to the economic condition that we are in.
  All I would say, in closing, is I appreciate the work at bringing 
these important security-related bills to the floor. I'm frustrated 
that the others are not here and that the entire process broke down. I 
mean, I could almost say, tongue in cheek, I'm so glad to be here 
because I have been on the Appropriations Committee for 12 years and I 
was beginning to wonder if we had an Appropriations Committee anymore, 
because we haven't met a whole lot lately. We haven't met enough 
lately.
  I hope that the 111th Congress next year brings the committee to the 
regular order all the way through the process, because I really like 
that. I like it when we have a conference and we go in with the Senate 
and we sit

[[Page H9299]]

across the table and we hammer out a compromise and we fight for the 
priorities that we believe in versus what they believe in.
  Let me also say, once again, it doesn't matter who's in the majority; 
the folks on the other side of the dome in the United States Senate are 
always a problem. They didn't move any of the bills in a timely manner. 
At least we were trying. And that's a problem. But I don't want to let 
everybody off the hook. It's up to the majorities in both bodies to 
move this in regular order. I know Chairman Obey is an institutionalist 
and would like to do that. Next year we better do it. No matter who 
wins the election, we better do it for the good of the taxpayer and for 
the good of the committee, the tradition. It's important that we 
reshape the priorities. We're the ones that have the hearings. Mr. 
Edwards and I spent over 100 hours together this year. I enjoyed every 
minute. I'm grateful.
  Mr. OBEY. Mr. Speaker, I have only one remaining speaker, so I will 
reserve time until the end.
  Mr. LEWIS of California. Mr. Speaker, I yield 1 minute to the 
gentleman from Florida (Mr. Weldon), Dr. Weldon, who's probably going 
to be speaking for the last time on an appropriations bill since he's 
chosen to retire at the end of this season. Dr. Weldon.
  Mr. WELDON of Florida. Mr. Speaker, I am concerned about a provision 
in this bill waiving the Iran Nonproliferation Act to allow NASA to 
purchase launch services from Russia.
  NASA is the greatest proliferator to Iran. Indeed, just this week, 
Russia announced its intent to provide Iran a missile defense system, 
not to protect its people, but to protect its nuclear weapons 
production facility.
  Now NASA has been asking for this provision because of their concern 
that without it, they will not be able to get our astronauts to the 
space station after 2010, when the space shuttle is retired.
  Now we are told we have to do this because we can't afford to fly the 
shuttle anymore.
  Mr. Speaker, this is pathetic. In the same week we are debating a 
$700 billion bailout of Wall Street, we are told we can't afford to fly 
the shuttle and we have to rely on Russia.
  Mr. Speaker, this is bad foreign policy. It sends a bad signal to 
Russia and a very bad signal to Iran.
  Mr. LEWIS of California. Mr. Speaker, I yield 1 minute to the ranking 
member of the Transportation Committee, the gentleman from Michigan 
(Mr. Knollenberg).
  Mr. KNOLLENBERG. Mr. Speaker, I rise today in support of the 
appropriations package before us. It includes money that is very 
important to Michigan and to the domestic auto industry.
  I want to thank Mr. Obey, I want to thank Mr. Lewis, and I want to 
thank our colleagues from Michigan for coming together on this 
important issue. This is a big step toward the successful turnaround of 
the American auto industry.
  Some will lump this in with the other bailouts this Congress is 
considering. They would be wrong. This is about building a partnership, 
about working together toward an end goal that we all seek, which is 
more fuel efficient vehicles.
  Automakers are now going to receive a partnering hand from Washington 
and not just a burdensome mandate. This will help create good jobs in 
Michigan, especially in the high tech field of alternative energy 
research.
  Michigan first put the world on wheels, and Michigan can put the 
world on wheels propelled by the next generation of alternative fuel 
vehicles.
  I strongly support the bill and urge passage.
  Mr. LEWIS of California. Mr. Speaker, if there's been a Member of the 
House who has told all of us the urgent need for being able to tap into 
our resources of oil and gas, it's been the gentleman from Pennsylvania 
(Mr. Peterson). I yield him 1 minute.
  Mr. PETERSON of Pennsylvania. I have mixed emotions today. It may be 
the last chance I have to address this body. In 1 minute, I can't say 
much. I want to tell how much I've appreciated both sides of the aisle, 
my friendships.
  Mr. OBEY. If I yield the gentleman 10 seconds, will he yield to me 
briefly?
  Mr. PETERSON. Surely. I yield.
  Mr. OBEY. It's never true that the gentleman cannot say a lot in 1 
minute.
  Mr. PETERSON. Thank you.
  In June when I offered my amendment, I wasn't planning on blowing up 
the appropriations process. I have, for most of a decade, talked about 
energy for America, and it's like the blood flowing through our veins. 
Available, affordable energy will depend on whether we remain a first-
rate Nation.
  I am pleased today that we've ended up with an appropriations bill 
without the moratorium. I'm not celebrating, because I know it will 
depend on the next Congress, you folks, it will depend on the next 
President whether we provide available, affordable energy for America. 
I urge you not to follow the last three Presidents, not the last 14 
Congresses who have not treated energy with the priority they needed 
to.
  Folks, this is more of a crisis than many people still believe. The 
future availability of energy at an affordable price will determine 
whether our people can stay in their homes, can feed their families, 
can travel to work and whether companies can afford to continue to stay 
in this country.
  It's vital that you, in the next Congress, open up energy for America 
and yes, go to the renewables with the royalties from it. But we must 
open up our reserves and not treat them as a liability, but treat them 
as an asset as they are and enrich this country and the future of this 
country with available, affordable energy. I'm counting on you, as 
someone who will be watching on C-SPAN.
  It's been a pleasure to serve with you.
  Mr. LEWIS of California. Mr. Speaker, I am pleased to yield 1 minute 
to the gentleman from Texas (Mr. Poe).
  Mr. POE. Mr. Speaker, I'm glad that this package includes disaster 
assistance. Eleven days ago Hurricane Ike came blasting through the 
Southeast Texas area. To give some magnitude of how large this 
hurricane was, if you take the State of New York and superimpose it in 
Southeast Texas, that's the mass of land affected by this disastrous 
hurricane, causing power outages even to 2 million still to this day, 
most of my Congressional district.
  Most of my Congressional district was affected, and the area affected 
most was the areas that refine gasoline for the United States. Twenty 
percent of the Nation's gasoline that is refined east of the Rockies is 
refined in my congressional district. All of those refineries shut 
down. They had damage because of the surge that came into that area; 
not to mention the people as well that are still suffering today.
  So I'm glad to see that both sides came together on this issue to 
offer disaster assistance to the individuals that were affected by not 
only Ike but by Gustav and all the other natural disasters that 
occurred this year.
  Mr. LEWIS of California. Mr. Speaker, I yield 1 minute to the 
gentleman from Michigan (Mr. Upton).
  Mr. UPTON. Mr. Speaker, last year the Congress, this Congress, 
authorized $25 billion to help the auto industry. But, as we know, an 
authorization is no good unless you appropriate the money.
  The auto industry has to have access to that capital. This is not a 
bailout. It is a loan. It will be paid back, just like what happened 
with the Chrysler issue a couple of decades ago. And it impacts tens of 
thousands of workers across this country, certainly in the Midwest and 
around the balance of the country as well.
  I appreciate the work of the leadership on both sides. They listened 
and they delivered. Our Michigan delegation, particularly with our 
leader, the Dean of the House, John Dingell, we worked together for 
weeks and weeks, many hours, and we used the strength of every Member, 
be it Republican or Democrat, to try and get the interests of the 
appropriators and the leadership to include it as part of this package, 
and they delivered.
  We thank the administration, all of the Cabinet members. They 
understood the impact that would happen without the money being 
appropriated.
  And we thank both candidates, Obama and McCain, for their support as 
well.
  Mr. LEWIS of California. Mr. Speaker, I do have one additional 
speaker. He doesn't happen to be here, but if the Members would bear 
with me, I would like to take just a moment on my time.

[[Page H9300]]

  For just a moment I would like to suggest that because this is likely 
the last time we will be addressing Appropriations Committee business 
this year, I want to commend eight of our colleagues who serve on our 
committee who are leaving Congress at the end of this year to pursue 
new challenges and new opportunities. They are Bud Cramer, Tom Udall, 
Ralph Regula, Jim Walsh, Dave Hobson, John Peterson, Ray LaHood and 
Dave Weldon.

                              {time}  1500

  All told, with these retirements, the House is losing over 100 years 
of cumulative Appropriations Committee experience. The skill and 
knowledge that they bring to the committee each day will be sorely 
missed and not easily replaced.
  Let me take a moment in a long-standing tradition of our committee in 
the House to thank each of our retiring colleagues for their 
friendship, their service, and their fine bipartisan work. Let's stand 
together, Republicans and Democrats, to show our appreciation and say 
thank you to our friends and colleagues.
  Mr. LEWIS of California. If you have no additional speakers yourself, 
then with that I will yield back the balance of my time.
  Mr. OBEY. Mr. Speaker, I yield myself the balance of the time.
  Let me first second the comments made by the gentleman from 
California about our departing Members. They have, I believe, all been 
professionals. They have been an asset to this institution. They've 
certainly been an asset to the committee, and I appreciate the many 
courtesies that we have received from all of them throughout the years 
and wish them all the very best in retirement.
  Mr. Speaker, today we have three moving pieces with which we have to 
deal between now and the closing of the session. The first is the 
President's unprecedented bailout request or rescue request, however 
you choose to term it, of $700 billion, which has, I believe, truly 
astounded the Nation.
  Second is the need to try to pass a second stimulus package which 
tries to react to the loss of jobs in this economy by providing funding 
for programs that will help create additional jobs and also provide 
funding for programs that help mitigate the pain to families of the 
loss of employment opportunities.
  And thirdly, and most immediate, we have to pass a continuing 
resolution to keep the government functioning. It is important that we 
pass this and let the other body pass it because we can add at least a 
small sense of stability to the markets that are in turmoil today and I 
think also in the process give us more time to address the truly 
radical proposals that have been sent down to us by the White House 
with respect to that bailout.
  I want to congratulate Mr. Murtha and Mr. Young because they both 
know their bill. They both know their brief. And their staff has 
provided able support to both of them, and I appreciate the hard work 
that both of them have done, and I appreciate what they've contributed 
to this institution over their careers.
  I want to say the same thing about the Military Construction 
Subcommittee, which has been ably led by Mr. Edwards and Mr. Wamp, and 
certainly the Homeland Security Subcommittee, led so ably by Mr. Price 
and the gentleman from Kentucky (Mr. Rogers).
  I'm especially proud of what's happened in the Military Construction 
bill. If you take the last year's budget plus this year's budget, we 
have had the largest increase in veterans health care in the history of 
the country, and much of that was adopted over the initial opposition 
of the President.
  Let me also say that I--
  Mr. Speaker, could I suspend and ask the gentleman a question. Did 
the gentleman yield back all of his time?
  Mr. LEWIS of California. Yes, I did.
  Mr. OBEY. I see the minority leader on the floor, and I'm sure that 
he would probably like to say some words.
  Mr. LEWIS of California. The gentleman is very kind.
  Mr. OBEY. If I suspended my remarks, would you like to proceed with 
the minority leader's comments right now if you could take back your 
time?
  Mr. LEWIS of California. The chairman is most sensitive and generous. 
Thank you for that.
  Mr. Speaker, I ask unanimous consent to reclaim 1 minute.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. LEWIS of California. Mr. Speaker, I yield 1 minute to the 
Republican leader of the House, John Boehner of Ohio.
  Mr. BOEHNER. Let me thank my colleague for yielding and thank my 
friend from Wisconsin for his kindness.
  Here we are, we have a bill where we're going to spend $800 billion 
of taxpayers' money, a bill that has not been through the committee, a 
bill that if there's a Member who's read it I would like to know who 
they are.
  And the reason I bring the point up is that the appropriations 
process is not working. It's broken, and I think on behalf of all of 
our Members that we need to make a commitment to make this process work 
the way it was intended to work. I know appropriators on both sides of 
the aisle want it to work. I think Members on both sides of the aisle 
understand that this process needs to work because when it doesn't 
work, the kind of transparency and accountability that we owe to our 
constituents gets done behind closed doors.
  There are billions of dollars worth of earmarks in this bill that no 
one's ever seen. Maybe sometime we'll see them. I guess we could go 
back here and root them out and try to find them, but nobody knows what 
they are, how the money is really being spent, and that's why we have a 
committee process. That's why we need the committee process to work, 
and we need it to work for appropriators and Members of Congress on 
both sides of the aisle.
  Having said that, I really wanted to rise because there's a 
significant achievement in this bill, and that is the elimination of 
the ban on offshore drilling and the ban on drilling for oil shale in 
the inner mountain West. These bans have been in place now for 25 years 
that have held up a lot of American energy, and we have had a battle in 
this Chamber for the last 4 months about bringing about an all-of-the-
above energy plan.
  Now, this isn't all-of-the-above, but let me tell you what, it is a 
very big step forward that we will, in fact, lift these bans and allow 
American companies to drill for more American-made oil and gas in an 
environmentally responsible way.
  It's a joint victory, and I didn't want to miss an opportunity to 
come down and congratulate Members on both sides of the aisle who stood 
up and said, enough is enough, we need to go after American energy if 
we're going to help ourselves.
  Now, there's a lot more to do in the energy arena, and if we're 
serious about helping the American economy, doing all-of-the-above will 
create almost 1 million new jobs, will reduce gas prices, reduce energy 
prices, and this is a big step. But there's a lot more to do, and we 
ought to do it before we leave here.
  Right up here above the Speaker's rostrum is a quote from Daniel 
Webster, and I will just quote the part of it when he says, ``Let us 
develop the resources of our land.'' That was written a long time ago. 
Those words were said even longer ago, and I do think the American 
people want us to develop the resources of our land to help improve our 
energy security because most Americans understand, without more energy 
security, our national security and our economy is threatened.
  Mr. OBEY. Mr. Speaker, let me resume my comments.
  What I was trying to say is that the item I'm the most proud of in 
this package is the fact that this Congress will have provided the 
largest increase in veterans health care in the history of the 
Republic, and in addition to that, we have also provided by action 
taken just a few months ago the largest increase in education benefits 
for veterans since the beginning of the GI Bill. I think that's truly 
an historic action, and I am very pleased that this House was willing 
to do that.
  So this bill does contain the three bills that represent the 
security-related appropriation bills for the coming year.
  Having said that, let me make one observation. As I said earlier, I 
initially did not plan to have the Defense

[[Page H9301]]

bill in this package. Much has been made today by some Members about 
earmarks in the bill. The fact is if the Defense bill hadn't been in 
this package, those earmarks would not have been in the bill. We put 
the Defense bill in, in the end, at the request of the minority and at 
the request of the Secretary of Defense who asked us to do so, and I 
suspect in the end it will probably, from the standpoint of the Defense 
Department, prove to be the right choice.
  But having said that, I want to talk about why I believe we have not 
been able to finish the domestic appropriation bills. The President 
submitted a budget to us at the beginning of the year in which he 
insisted that we cut some $14 billion in crucial domestic items. 
Example: He wanted us last year to cut 50 percent out of vocational 
education funding, and this year he wanted us to eliminate vocational 
education. He wanted us in the last 2 years to eliminate all student 
aid programs except Pell Grant and Work-Study. He wanted us to 
eliminate the program that teaches medical personnel to deal with the 
specialized needs of children in children's hospitals.
  I've never had anybody in my life come up to me and say, ``Obey, why 
don't you guys in Congress get your act together and cut cancer 
research.'' And yet, that's what the President and the previous 
Congress did; they cut almost 1,000 research grants out of the National 
Institutes of Health.
  At a time when we've had a 70 percent increase in the cost of home 
heating, the President asked us to cut the Low Income Heating 
Assistance Program, to help the victims of those price increases, by 22 
percent. So if we had rolled over and accepted the President's domestic 
budget, that's what we would have had to do.
  And we felt therefore, that since the President had made quite clear 
that he would veto any domestic appropriation bills that exceeded his 
budget request, we felt that rather than capitulate and make those 
cuts, we would simply say, ``All right, Mr. President, for the 4 
remaining months that you're in office, we'll be living at your budget 
level, but we will kick the can down the road so that if we have a 
President who will negotiate like an adult at the end of the road next 
year, then we will try to cut some compromises that will preserve some 
of these high-priority areas.''
  Now, the President made a Federal case out of our desire to spend $14 
billion on our own people, and then he has presented to the Congress in 
the last 2 weeks a request that we spend 50 times that much, 50 times 
that much, on the bailout of Wall Street. And so I say that to put in 
perspective the President's stubbornness.
  The fact is, if he had not taken a ``my-way-or-the-highway'' approach 
to domestic appropriations, we could have sat down. . . . I told Mr. 
Nussle many times, I would have been happy to sit down and split the 
differences right down the middle, compromise like adults are supposed 
to. But no, the President said, ``My levels or no levels.'' So he gave 
us no choice unless, of course, we wanted to capitulate.
  So, by not finishing these bills, we maintained the possibility of 
providing more support for medical research, more support for energy 
research, more support for education, and more help to the 50 million 
people in this country who have no health insurance, and I make no 
apology whatsoever for doing that. I think it is the right thing to do 
and the moral thing to do.
  Now, let me explain just a bit about what's in this bill. We, 
therefore, straight-lined all of the domestic bills until March 6. In 
addition, we've included a number of other items. As I've indicated, we 
have essentially doubled the Low Income Heating Assistance Program. 
We're taking it up to the full authorization level.
  We have provided the funds that the gentleman from Michigan just 
referred to, funds requested to try to enable the auto industry to 
modernize and retool. We did not give them the $50 billion that they 
wanted. We have cut it to 25, and we did not change the authorization 
in the way that the auto industry wanted because we did not want 
government to be on the hook for 80 percent of the cost of those 
projects.

                              {time}  1515

  We also provided the $5 million the White House wanted so that they 
can conduct their search of e-mails because of subpoenas that have been 
laid on them. And we have provided $2 billion in this package so that 
next February, the agency doesn't have to write every family in America 
and say, ``Sorry, but the Pell Grants for your son or daughter for the 
next year are going to have to be at a lower level than they were last 
year.''
  We have also provided $23 billion in disaster funding for Iowa, 
Texas, and all the other States who have been hit by so many bad storms 
lately. And I will stipulate that I believe that the Community 
Development Block Grant portion of that disaster funding is inadequate 
and will have to be revisited next year.
  These are some of the initiatives we've taken. As the gentleman has 
indicated, we have also in the process, at the insistence of the White 
House, acquiesced in the White House's desire to lift the moratorium on 
offshore drilling. That will mean that what happens in the future will 
be determined by who is elected President. To me, that is what ought to 
happen in a democracy. When politicians can't agree on something, 
instead of continuing to try to gut each other and have needless 
wrestling matches for 6 months at a time, the right thing to do on many 
occasions is to simply say, ``Okay, we're going to take it to the 
referees. We're going to take it to the final judges, the American 
people.''
  So that's what we're doing with this package. And it is the American 
people who will decide whether they're comfortable with the President's 
deep reductions in health, in education, in science, in low-income 
heating assistance, or whether they believe that our investments 
represent a better path for America if we want to see this country grow 
through the coming years. Basically, that is what we are trying to do 
with this package.
  I appreciate the work of the literally hundreds of Members who have 
had input into this product. I know I have certainly been grabbed every 
time I turn around by Members who have this idea or that. I'm sure a 
third of the House is unhappy because of items that are not in the bill 
and another third is unhappy because of items that are. But that's the 
way it goes when you have got 535 people, plus a President in the White 
House who has from time to time been known to have fairly strong views.
  With that, I would simply say that I would urge support for the 
product. I want to especially thank the staff of the committee on both 
sides of the aisle. On this side especially led by Rob Nabors, our 
staff chief. I do not think the average American understands how hard 
they work. I don't know about last week, but I know this week, many of 
them have not been to bed in 2 or 3 days. That, I think, is a testimony 
to their dedication and their willingness to step up and help us do 
what the country needs.
  I hope that we will pass this today. But I hope we will keep in mind 
that we have been asked to do so much with so little in some of these 
discretionary appropriation bills; and I hope people will keep that in 
mind in comparison to the huge size of the bailout that the President 
is asking us to provide for Wall Street.
  I make no apology for making one last stand to try to preserve our 
ability to invest $14 billion in our people here at home at the same 
time that we're being asked to provide 50 times that much to bail out 
Wall Street for its past mistakes.
  Mr. LATHAM. Mr. Speaker, I rise in support of this funding package, 
and to tell my colleagues that there is much in this measure that 
should be supported. I also want to say that we should not be put in 
the position of scrambling to complete a continuing resolution to keep 
the government from shutting down. This is no way to run a railroad.
  Nevertheless, I want to say that I am pleased that we finally have a 
disaster funding title. My constituents will be appreciative. While 
this disaster money is a few months late, the citizens of Iowa will be 
pleased to know that funding assistance will finally get to them--
hopefully, by mid-October--about 4 or 5 months after the floods came.
  I do want to say that I am pleased that we have included in this 
disaster portion of the package, over $100 million in FEMA Community 
Development Loans. These funds are very much needed by FEMA as they 
have said in the past so I was pleased that they were included as I had 
asked. These are monies that

[[Page H9302]]

can go to local governments to help offset losses in local utilities, 
for example.
  I have heard some complaints about the dispersal rates for funding 
assistance from our earlier disaster measure. In some instances, those 
complaints are justified but we all know bureaucracies are slow. 
However, one of the reasons that some of the funding did not go forth 
is that there was no money to send.
  As most of you know, I and my colleagues on both sides pushed for a 
disaster relief measure to be completed before we left for the August 
recess because I knew that the first relief title passed on the Iraq 
Supplemental this summer would not go very far. I also knew that if we 
did not pass another flood disaster measure before we left, it would be 
four or five months before my fellow Iowans and others in the Midwest 
would see any significant relief assistance.
  Unfortunately, the majority leadership refused to address the needs 
of Iowa and other Midwestern flood states before the recess. In turn, 
that meant that no funds would be forthcoming until fall. That was the 
reason I pushed so hard to get a supplemental before the August recess.
  Had we passed that supplemental disaster measure before August, and 
it would have been easy to do, funds would have already been put to use 
by now, and the recovery efforts would now be further along.
  All of that being said, we do need to pass this package today because 
we have put ourselves in the position where we have squandered our 
time. I urge members to vote for the measure.
  Mr. BLUMENAUER. Mr. Speaker, while there are some positive steps 
taken in this legislation to help those hurt by recent disasters, 
additional funding for cleaning up unexploded ordnance around the 
country, and some important funding for our veterans, I am extremely 
disappointed that this bill does not include an extension of the Secure 
Rural Schools program. The expiration of this program would be a true 
disaster for my state of Oregon. While the Pacific Northwest states may 
be the hardest hit by expiration of the program, more than 40 other 
states from California to Louisiana to Texas will also feel significant 
impacts.
  Clackamas County, in my district, could lose nearly $12.5 million in 
funding that is crucial to its public and ecological health. In 
addition to having to lay off teachers and other school employees, 
other important county programs will be curtailed. Clackamas has 
already discontinued their road maintenance program this year. The 
county is also planning to close community health clinics because it is 
unable to continue the necessary level of funding.
  I hope that the House leadership will figure out some way to extend 
this safety net for rural counties before the end of the year.
  I also oppose this bill because it is letting our decades-long 
moratorium on drilling offshore expire. This means that, starting next 
week, the Interior Department can prepare leases for oil rigs as close 
as 3 miles off our coasts.
  While I may disagree with my Republican colleagues about the 
environmental and economic impact of drilling on our nation's coasts, 
there is little disagreement about how this will impact gas prices--
because it won't.
  Even the Bush administration's own Department of Energy agrees that 
more drilling will make no difference for at least a decade, and even 
then any impact on the price at the pump would be insignificant.
  I had hoped that we would at least be able to include provisions of 
the House-passed energy bill that extended the moratorium to 50 miles 
off shore, but it appears that even that reasonable compromise is not 
enough for those who want to keep America addicted to oil.
  I don't think this is the end of the story, and I hope the new 
Congress and new administration will move quickly to enact sensible 
protections for our coastal communities.
  Lastly, I feel that holding funding to fiscal year 2008 levels for 
many important domestic programs from education to health to 
transportation will further hurt families at a time when they are 
already being squeezed by higher food and energy prices and a slumping 
economy.
  Mr. HOYER. Mr. Speaker, Chairman Ike Skelton and the Armed Services 
Committee have worked tirelessly to put this bill together, and I want 
to begin by recognizing that hard work. Chairman Skelton is among this 
House's most dedicated advocates for our men and women in uniform. And 
he and his committee have put together a good authorization bill that 
deserves our support.
  The bill authorizes a total of $601.4 billion, including $531.4B in 
budget authority for the Department of Defense and the Department of 
Energy's national security programs. It also includes significant 
commitments to new shipbuilding, advanced aircraft, and efforts to 
protect our troops in the field from improvised explosive devices.
  This bill goes a long way to rebuild our military, which is still 
battered from years of fighting in Iraq and Afghanistan. It provides 
for an increase of 7,000 active-duty Army personnel, 5,000 more Marine 
Corps personnel, and 1,023 more Navy sailors. It dedicates significant 
amounts for the reset of worn-down armed forces equipment: $8.6 billion 
for Army and $1.8 billion for Marine Corps. $800 million is also 
authorized for the Reserve and National Guard, which have borne a heavy 
share of the fighting.
  But just as importantly, this bill looks out for the needs of our 
troops at a time when our country has asked so much from them. They 
deserve all the support we have to give. That's why this bill gives 
them a much-needed raise of 3.9%, more than the President's request, 
blocks increases in their healthcare payments, and authorizes $3.2 
billion to expand quality family housing.
  In sum, this is a bill that strikes a sound balance between the needs 
of our national defense and the needs of our troops and their families. 
The road back to full military readiness will be long and hard--but 
this bill is a big step in the right direction. I urge my colleagues to 
support this vital piece of legislation--vital for our troops and vital 
for our Nation's security.
  Mrs. LOWEY. Mr. Speaker, on August 16, 2007, the U.S. Government 
signed a new Memorandum of Understanding, MOU, with Israel to establish 
the security assistance framework for $30 billion in U.S. military 
assistance to Israel over the next decade. This agreement reflects the 
unshakable U.S. commitment to maintaining Israel's qualitative military 
edge in the region and increases assistance to help Israel meet its 
security needs in the face of growing threats in the region. I am a 
staunch supporter of this agreement which continues the strategic 
relationship between the U.S. and Israel and will help guarantee the 
security of both Israel and the United States.
  Today, with the passage of the Continuing Resolution, Congress has 
declared its support for meeting our obligation for the first year of 
the MOU by approving a total of $2.55 billion in FY 2009 for Israel in 
Foreign Military Financing. The $2.55 billion in FMF funding includes 
$170 million in the FY 09 ``bridge-funding'' in the FY08 supplemental 
(P.L. 110-161) and the FY 2008 funding level of $2.38 billion. The 
Continuing Resolution also adjusts the funding level for Israeli 
Offshore Procurement to reflect the current percentage of Israel's FMF 
at $670,650,000, a longstanding provision that has proven critical to 
ensuring Israel's qualitative military edge. The congressional support 
for this agreement and the security of Israel is clear and unequivocal.
  Mr. SIMPSON. Mr. Speaker, in accordance witt House earmark reforms, I 
would like to place in the Record a listing of the congressionally-
directed projects I have requested in my home State of Idaho that are 
contained in the report of H.R. 2638, the Consolidated Security, 
Disaster Assistance, and Continuing Appropriations Act, 2009 
Appropriations Bill.
  I'd like to take just a few minutes to describe why I support these 
projects and why they are valuable to the Nation and its taxpayers.
  The report contains $4,000,000 in the NPPD Infrastructure Protection 
and Information Security account for the Power and Cyber Systems 
Protection, Analysis, and Testing Program at the Idaho National 
Laboratory. The program would conduct vulnerability analysis, testing, 
and protection of power and cyber connected systems for the Department 
of Homeland Security, utilizing the unique resources available at the 
Idaho National Laboratory, such as the electric grid, SCADA and control 
systems, cyber and communication test beds, and the explosives test 
range. The proposed work entails collaboration with leading 
universities and other National Laboratories to leverage ongoing 
research at these institutions and advance the state-of-the-art in 
building resilience into infrastructure systems. The funding would be 
used to obtain full-scale systems in sectors of interest to DHS for 
testing of vulnerabilities, identification of protection strategies, 
and evaluation of resilient designs; partner with universities and 
National Laboratories to develop resilient control systems; and 
establish a program that develops new protection schemes. The INL is 
uniquely placed to carry out this program, which would leverage its 
ongoing work in this area sponsored by DoD, DHS, and Intelligence 
Agencies and its established relationships with industry, universities, 
and National Laboratories. This request is consistent with the intended 
purpose of this account.
  The entity to receive funding for this project is the Idaho National 
Laboratory, located at 2525 North Freemont St., Idaho Falls, Idaho 
83415.
  The report contains $1,600,000 in the Defense Production Act 
Purchases account for the Read Out Integrated Circuit (ROIC) 
Manufacturing Improvement. The United States Air Force and the Missile 
Defense Agency have been investigating ways to improve manufacturing 
capabilities and improve cryogenic and

[[Page H9303]]

radiation performance of these circuits. The thermal imagers of the 
future will operate in harsh environmental conditions for longer 
periods of time and will have increased resolution (through increased 
pixel count) over the detectors of today. Maintaining a domestic source 
of this technology as well as working to enhance the manufacturing 
capabilities of this critical technology are equally as important as 
increasing the yield. Funds for this project will be used to establish 
a long-term, known U.S. source; improve yields both by the manufacturer 
and by the vendors who use the contractor as a manufacturing source; 
decrease the cycle time required in manufacturing ROICs and a reduction 
of design cycle time by ROIC designers; and provide a roadmap to meet 
the future needs of the ROIC designers. When the program is completed, 
ROICs will be available with twice the number of pixels for less money 
than the ROIC currently costs. This request is consistent with the 
intended purpose of this account.
  The entity to receive funding for this project is ON Semiconductor, 
located at 2300 Buckskin Rd., Pocatello, Idaho 83201.
  The report contains $1,600,000 in the Medical Advanced Technology 
account for the Integrated Patient Quality Program. To directly enhance 
the patient-provider encounter, the Integrated Patient Quality Program 
will identify the degree to which physicians utilize consumer content 
integrated into the DoD Electronic Medical Record (AHLTA) and provide 
after-visit summaries to patients, and identify the impact this 
critical medical information has on patients' health and their ability 
to make informed decisions. This phase of the project will build upon 
the requirements' definition and technical feasibility study performed 
within FY08 funding that developed a functional and technical road map, 
and successfully tested the Integrated Patient Quality concept in a 
development environment. Additionally, the Integrated Patient Quality 
Program will explore content delivery options outside of the patient-
provider face-to-face interaction to include: secure provider/patient 
e-mail, online laboratory results, pre-visit/test preparation, surgical 
decision support, and disease management to at-risk patients. This 
request is consistent with the intended purpose of this account.
  The entity to receive funding for this project is Healthwise, 
Incorporated, located at 2601 N. Bogus Basin Road, Boise, Idaho 83702.
  The report contains $2,000,000 in the Support Systems Development 
account for the Accelerator-Driven Non-Destructive Testing. The Idaho 
Accelerator Center (lAC) proposes to continue development of 
penetrating and nondestructive testing (NDT) techniques utilizing new 
techniques in positron annihilation spectroscopy with accelerator-based 
gamma-beams, and the use of monochromatic x-ray beams that are produced 
by colliding high-power laser beams with high-energy electron beams. 
Both of these core technologies have been under development at the lAC 
for several years and have matured to the point that serious in-field 
commercialization is possible. This request is consistent with the 
intended purpose of this account.
  The entity to receive funding for this project is Idaho State 
University, located at 921 South 8th Avenue, Pocatello, Idaho 83209.
  The report contains $1,440,000 in the Electronics Technology account 
for the 3-D Technology for Advanced Sensor Systems Project. The 
military has a need for new three-dimensional (3-D) packaging of 
electronic systems, particularly sensor systems for portable 
applications. The team of Boise State University and RTI International 
has developed 3-D processing techniques on silicon and LTCC platforms, 
including technologies for die- and wafer-scale bonding and 3-D 
interconnects. These funds will allow them to apply these techniques to 
create 3-D integration and packaging solutions applicable to a general 
category of high performance sensor systems. These funds will be used 
to support summer salaries for faculty, and provide salaries for 
research staff, post-doctoral associates, graduate and undergraduate 
students. Research supplies, capital equipment, and travel will be 
funded as required to support the objectives of the project. This 
request is consistent with the intended purpose of this account.

  The entity to receive funding for this project is Boise State 
University, located at 1910 University Drive, Boise, Idaho 83725-1135.
  The report contains $1,200,000 in the Critical Infrastructure 
Protection account for the Electric Grid Reliability/Assurance project. 
The effort will operationalize advanced electric grid modeling 
simulation and analysis capability that links disparate critical 
infrastructure sector models that run simultaneously and dynamically to 
share information providing greater understanding of critical 
infrastructure status before, during or after a destructive event. 
Funds will be used for the enhanced development of electric grid 
modeling, simulation and testing capabilities at the Idaho National 
Laboratory (INL). Incorporation of both real-time and distributed 
system modeling capabilities will provide expanded capabilities for 
analysis of systems critical to DoD. These efforts will provide DoD an 
enhanced capability to simulate, prove and make recommendations for 
techniques to sustain mission operations via continued power generation 
when power from the electric utilities is no longer present. This 
request is consistent with the intended purpose of this account.
  The entity to receive funding for this project is Idaho National 
Laboratory, located at P.O. Box 1625, Idaho Falls, Idaho 83415.
  The report contains $1,200,000 in the Advanced Electronics 
Technologies for the Hybrid Power Generation System. Research has 
resulted in a breakthrough technology using compressed magnetic fields 
which can generate power. The continued research, development, testing 
and validation of the technology should result in mission extension for 
dismounted soldiers and considerable savings by reducing the reliance 
on disposable batteries. Approximately $57,000 is being spent per 
soldier, per year on batteries alone in theatre. This technology will 
not only reduce Federal spending needed for such batteries, but will 
considerably reduce related military logistics costs, reduce the amount 
of hazardous waste disposal costs (for the toxic substances used in 
battery materials), and will reduce the man/machine interface by 
reducing the 20-30 lbs of extra batteries soldiers are currendy 
required to carry for extended missions. This request is consistent 
with the intended purpose of this account.
  The entity to receive funding for this project is M2E Power, Inc., 
located at 875 W. McGregor Court, Suite 150 Boise, Idaho 83705.
  The report contains $3,200,000 in the Chemical and Biological Defense 
Program Account for the Vacuum Sampling Pathogen Collection and 
Concentration project. Production and commercialization potential of 
the recently completed basic wet-vacuum pathogen collection system will 
be further enhanced through completion and integration of current 
prototype-stage ``sister'' technologies. The combined systems will 
provide safer, more accurate and faster sample collection and 
processing capabilities with GPS-RFID sample site documentation and 
sample identification, plus handling, transport and lab traceability. 
Current outsourced production activities will be centralized through 
expanded in-house production facilities for more stringent cost, QC and 
delivery schedule management and control. Integrated technology systems 
will improve safety, accuracy and standardization of bio-agent 
detection methods for our soldiers and civilian end users. This request 
is consistent with the intended purpose of this account.
  The entity to receive funding for this project is Microbial-Vac 
Systems, Inc., located at 160 Bridon Way, Jerome, Idaho 83338.

  The report contains $3,200,000 in the Advanced Spacecraft Technology 
account for the Ultra Low Power Electronics. Ultra-Low Power (ULP) 
Electronics is an Air Force Research Lab-sponsored initiative working 
in collaboration with industry to develop electronics that require less 
power and provide increased efficiency. A key challenge for DoD 
electronics applications is the reduction of power consumption in the 
Complementary Metal Oxide Semiconductor (CMOS)--the technology platform 
used for advanced integrated circuits. Funding in 2009 will develop a 
high OPS/Watt ULP platform solution for DoD designers of electronic 
systems and demonstrate a base technology that can be rapidly scaled to 
meet general ULP industry requirements for portable electronics. The 
project is an iterative, multi-lot, fabrication research and 
development effort that includes design tool and model development 
necessary to deploy the new technology. A viable scaling method for 
reducing electronic voltage requirements and the associated ULP 
products will define an alternative CMOS scaling roadmap specific to 
portable technology. This program will establish a new technical 
approach and industrial capability for U.S. electronics. This request 
is consistent with the intended purpose of this account.
  The entity to receive funding for this project is American 
Semiconductor, Inc., located at 3100 S. Vista Ave., Ste 230 Boise, 
Idaho 83705.
  The report contains $800,000 in the New Design Ssn Account for the 
Highly Corrosive-Resistant Alloy Joining for Nuclear Applications. This 
funding will be used to develop and test novel prototype design-for-
manufacturing methods, flexible automated welding and inspection 
technology for application in submarine nuclear reactor propulsion 
systems. The research will result in new joining techniques to shape 
highly corrosive-resistant alloys to meet the requirements of 
underwater power generation and radiation containment. This request is 
consistent with the intended purpose of this account.
  The entity to receive funding for this project is Premier Technology, 
located at 1858 W. Bridge Street, Blackfoot, Idaho 83221.
  The report contains $1,800,000 in the Air Force Military Construction 
Account for the Mountain Home AFB Logistics Readiness

[[Page H9304]]

Center. The Existing Logistic Supply is a condemned 53-year-old wooden 
structure beyond economical repair. The building had to be evacuated 
and now 60% of base supply functions operate from temporary spaces 
across base, creating significant delays in troop/equipment 
mobilization. This negatively impacts the Wing's ability to demolish 
and relocate from other substandard facilities on base. When funded, 
the Logistics Readiness Center will provide command and control for all 
materials in-bound and outbound, including freight processing, packing, 
crating, pallet buildup shop, and provide bulk and bin storage. The 
facility will also support secure storage and an armory and will 
include administrative areas. This request is consistent with the 
intended purpose of this account.
  The entity to receive funding for this project is the 366th Wing, 
Mountain Home Air Force Base, Idaho, located at 366 Gunfighter Avenue, 
Ste. 107, Mountain Home Air Force Base, Idaho 83648.
  I appreciate the opportunity to provide a list of Congressionally-
directed projects in my district and an explanation of my support for 
them.
  (1) $4 million for the Power and Cyber Systems Protection, Analysis, 
and Testing Program; Idaho National Laboratory.
  (2) $1,600,000 for the Read Out Integrated Circuit (ROIC) 
Manufacturing Improvement; ON Semiconductor.
  (3) $1,600,000 for the Integrated Patient Quality Program; Healthwise 
Incorporated.
  (4) $2,000,000 for the Accelerator-Driven Non-Destructive Testing; 
Idaho State University.
  (5) $1,440,000 for the 3-D Technology for Advanced Sensor Systems; 
Boise State University.
  (6) $1,200,000 for the Electric Grid Reliability/Assurance; Idaho 
National Laboratory.
  (7) $1,200,000 for the Hybrid Power Generation System; M2E Power Inc.
  (8) $3,200,000 for the Vacuum Sampling Pathogen Collection and 
Concentration; Microbial-Vac Systems, Inc.
  (9) $3,200,000 for the Ultra Low Power Electronics; American 
Semiconductor.
  (10) $800,000 for the Highly Corrosive-Resistant Alloy Joining for 
Nuclear Applications; Premier Technology.
  (11) $1,800,000 in the Air Force Military Construction Account for 
the Mountain Home AFB Logistics Readiness Center; Mountain Home Air 
Force Base.
  Mr. WAXMAN. Mr. Speaker, this Congress, the House and Senate have 
passed important Federal contracting reforms, but neither body has 
assembled them into a comprehensive package. The ``Clean Contracting 
Act'' in title 8 of the National Defense Authorization Act consolidates 
these provisions into a single, comprehensive reform measure.
  I want to particularly thank Chairman Skelton for working with me to 
help bring these provisions to the House floor today. He has been a 
tremendous partner in the fight to root out waste, fraud, and abuse.
  The Clean Contracting Act requires agencies to enhance competition in 
contracting, limit the use of abuse-prone contracts, start the effort 
to rebuild the federal acquisition workforce, strengthen important 
anti-fraud measures, and increase transparency in federal contracting.
  The provisions in the act respond to procurement abuses that the 
Oversight Committee, the Armed Services Committee, and other committees 
have identified in hearings and investigative reports. These egregious 
procurement practices have occurred in Iraq, in the response to 
Hurricane Katrina, and at the Department of Homeland Security--and they 
need to be halted. They may enrich companies like Halliburton and 
Blackwater, but have squandered billions of dollars that belong to the 
taxpayer.
  This legislation says that Congress is serious about stopping waste, 
fraud, and abuse.
  One important provision would limit the length of no-bid contracts 
awarded in emergencies to one year. This provision would end the abuses 
that occurred after Hurricane Katrina, when many ``emergency'' 
contracts were allowed to continue for many years.
  Another provision would require regulations and reporting on the use 
of cost-plus contracts, which provide contractors with little incentive 
to control costs. Spending under this type of contract grew over 75 
percent between 2000 and 2005.
  Another important provision would prohibit contractors from charging 
excessive mark-up charges for work done by subcontractors. This would 
prevent the infamous ``blue roof'' scandal following Hurricane Katrina, 
where taxpayers were charged almost $2500 dollars apiece for something 
that actually cost $300.
  Other vital provisions in this bill would prevent the abuse of 
interagency contracts, as was the case at Abu Ghraib, where 
interrogators were hired using an Interior Department contract for 
information technology.
  The bill also includes a modified version of a provision which 
recently passed the House under suspension of the rules. It is based on 
a bill authored by Rep. Maloney and requires the development of a 
database of suspension and debarment information.
  My only regret is that some of the other key reforms passed by the 
House were not included in the final version of the legislation. I am 
disappointed that the House and Senate compromise does not include a 
ban on private interrogators in U.S. military detention facilities or 
mandate congressional approval for any security pact with Iraq that is 
negotiated by the President. I am also greatly disappointed the bill, 
which authorizes some additional funding for the war in Iraq, fails to 
set a timeline for the withdrawal of our troops.
  Still, I urge members to support this bill because the Clean 
Contracting Act provisions will make a fundamental difference in the 
way our government operates and begin to restore taxpayer confidence.
  Mr. SPRATT. Mr. Speaker, I rise in support of H.R. 2638, as amended, 
but I wish to draw particular attention to the $5 million of funding 
provided within this bill for a space-based kinetic interceptor study, 
that, ostensibly, was included as an earmark requested by Senators 
Allard, Inhofe, Kyl, and Sessions. Chairman Obey's explanatory 
statement of the amendment under consideration expressly states, ``The 
bill provides $5,000,000 to support the study outlined in section 236 
of S. 3001, the National Defense Authorization Act for Fiscal Year 
2009.''
  Section 236 of the Defense Authorizaton bill no longer refers to a 
space-based kinetic interceptor study. The provision specific to such a 
study appeared in a Senate version of the authorizing bill, but it was 
stricken from the House amended version of the bill that we passed this 
afternoon for good cause.
  Mr. Speaker, a study to explore the potential for space-based kinetic 
interceptors within our ballistic missile defense system is a bad idea. 
I have many reservations, but chief among them is the message that the 
purported study would project to the world. It would clearly indicate 
America's willingness to unilaterally introduce weapons into space. The 
notion for the proposed study may be couched by its proponents as a low 
cost method for determining the merits of a purely defensive mechanism, 
but the dual use technologies associated with kinetic interceptors 
could be used for a variety of offensive purposes, such as shooting 
down satellites. Such a step, however small, would surely be perceived 
as the first step toward an arms race in space, which would only place 
our vital military and commercial space assets at greater risk. 
Independent studies in the past concluded that space-based kinetic 
interceptors would prove impractical and costly. We have no evidence 
that the proposed study would prove otherwise.
  Mr. Speaker, I wish to underscore that the Congress has not granted 
any authority to fund a space-based kinetic interceptor study and to 
reiterate for the record that the specific provision relied upon in 
this bill for authority and guidance to fund such a study does not 
exist.
  Mr. WALSH of New York. Mr. Speaker, I am disappointed. After the 
disappointment of moving to the minority in 2007, I took some solace in 
the fact that the three highest elected Democratic leaders are all 
former members of the Appropriations Committee--I thought they knew and 
respected the work and procedures of our committee.
  I am disappointed that in my last year as a member of the 
Appropriations Committee, this majority has seen fit to bring just one 
regular spending bill before the House.
  Disappointed that in the continuing resolution and disaster sections 
of this legislation, our Committee abandoned its traditional bipartisan 
approach in favor of an attempt to play election-year politics.
  Disappointed that, as far back as February, my friends in the 
majority indicated they did not wish to deal with this President on 
issues relating to spending and--regardless of the finger pointing that 
I'm sure will go on--set the stage for the train wreck before us.
  It is no secret that I do not always agree with the current President 
on spending levels, but even if I did, he is brought into the process 
only after we complete our work.
  In short, we gave up without a fight, and that disappoints me and 
that should disappoint those we represent.
  We gave up without letting the Appropriations Committee work its 
will, without letting the membership of the House work its will.
  The Senate is the Senate and we have no control over what happens--or 
more likely, doesn't happen there. But we do have control over whether 
or not the House gets its job done, and quite frankly, that did not 
happen this year.
  So here we are, punting on what is the equivalent of a second down. I 
regret that.
  Having said that, reflecting on twenty years here in the Congress, 
sixteen on the Appropriations Committee, and twelve as a subcommittee 
chair, there has been far more satisfaction than disappointment.
  Since this is probably the last time I'll address the Congress on a 
pending Appropriations bill, I would respectfully request that the

[[Page H9305]]

Committee Chair and Appropriations Committee members return to regular 
order and fiercely protect the prerogatives of this great committee.
  Mr. CAMPBELL of California. Mr. Speaker, today the House of 
Representatives voted on legislation (H.R. 2638, the Consolidated 
Security, Disaster Assistance, and Continuing Appropriations Act of 
2009) to fund government operations through March 6th of next year. The 
legislation contained a provision to provide up to $25 billion in loan 
guarantees to companies that engage in the manufacturing and 
distribution of automobiles and trucks. Although I was advised by the 
House Committee on Ethics and Standards that I had no ethical conflict 
under the rules relative to this provision, I believe that I do have a 
conflict. A company which I control derives substantial income through 
real property leases to one of the auto companies that may receive loan 
guarantees under this bill. Therefore, I felt it would be improper for 
me to vote on or to engage in any debate or discussion on this bill. 
Accordingly, I voted ``Present'' on H.R. 2638.
  Mr. OBEY. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. All time for debate has expired.
  Pursuant to House Resolution 1488, the previous question is ordered.
  The question is on the motion by the gentleman from Wisconsin.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. LEWIS of California. Mr. Speaker, I object to the vote on the 
ground that a quorum is not present and make the point of order that a 
quorum is not present.
  The SPEAKER pro tempore. Evidently a quorum is not present.
  The Sergeant at Arms will notify absent Members.
  Pursuant to clause 8 of rule XX, this 15-minute vote on concurring in 
the Senate amendment with an amendment will be followed by 5-minute 
votes on suspending the rules with respect to H.R. 5265 and House 
Resolution 1451.
  The vote was taken by electronic device, and there were--yeas 370, 
nays 58, answered ``present'' 1, not voting 4, as follows:

                             [Roll No. 632]

                               YEAS--370

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Alexander
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Bachmann
     Bachus
     Baird
     Baldwin
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bonner
     Bono Mack
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Butterfield
     Buyer
     Calvert
     Camp (MI)
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson
     Carter
     Castle
     Castor
     Cazayoux
     Chabot
     Chandler
     Childers
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Cohen
     Cole (OK)
     Conaway
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis, Lincoln
     Davis, Tom
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly
     Doolittle
     Doyle
     Drake
     Dreier
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Emanuel
     Emerson
     Engel
     English (PA)
     Eshoo
     Etheridge
     Everett
     Fallin
     Farr
     Fattah
     Feeney
     Ferguson
     Filner
     Forbes
     Fortenberry
     Foster
     Frank (MA)
     Frelinghuysen
     Gallegly
     Gerlach
     Giffords
     Gilchrest
     Gillibrand
     Gingrey
     Gohmert
     Gonzalez
     Gordon
     Granger
     Graves
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hall (TX)
     Hare
     Harman
     Hastings (FL)
     Hayes
     Heller
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hobson
     Hodes
     Hoekstra
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Hulshof
     Hunter
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Johnson, Sam
     Kagen
     Kanjorski
     Kaptur
     Keller
     Kennedy
     Kildee
     Kilpatrick
     Kind
     King (NY)
     Kingston
     Kirk
     Klein (FL)
     Kline (MN)
     Knollenberg
     Kuhl (NY)
     LaHood
     Lampson
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Lungren, Daniel E.
     Lynch
     Mahoney (FL)
     Maloney (NY)
     Manzullo
     Marchant
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul (TX)
     McCollum (MN)
     McCotter
     McCrery
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McMorris Rodgers
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Musgrave
     Myrick
     Nadler
     Napolitano
     Neal (MA)
     Neugebauer
     Nunes
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Payne
     Pearce
     Perlmutter
     Peterson (MN)
     Peterson (PA)
     Pickering
     Platts
     Poe
     Pomeroy
     Porter
     Price (NC)
     Pryce (OH)
     Putnam
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Richardson
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Rothman
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Saxton
     Scalise
     Schakowsky
     Schiff
     Schmidt
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sessions
     Sestak
     Shays
     Shea-Porter
     Sherman
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Souder
     Space
     Speier
     Spratt
     Stupak
     Sutton
     Tanner
     Tauscher
     Taylor
     Terry
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiberi
     Tierney
     Towns
     Tsongas
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walberg
     Walden (OR)
     Walsh (NY)
     Walz (MN)
     Wamp
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Weiner
     Welch (VT)
     Westmoreland
     Wexler
     Whitfield (KY)
     Wilson (NM)
     Wilson (OH)
     Wilson (SC)
     Wittman (VA)
     Wolf
     Wu
     Yarmuth
     Young (AK)
     Young (FL)

                                NAYS--58

     Barrett (SC)
     Blackburn
     Blumenauer
     Blunt
     Boehner
     Broun (GA)
     Burton (IN)
     Cannon
     Cantor
     Cubin
     Davis (KY)
     Davis, David
     Deal (GA)
     DeFazio
     Duncan
     Flake
     Fossella
     Foxx
     Franks (AZ)
     Garrett (NJ)
     Goode
     Goodlatte
     Hastings (WA)
     Hensarling
     Herger
     Inglis (SC)
     Issa
     Johnson (IL)
     Jones (NC)
     Jordan
     King (IA)
     Kucinich
     Lamborn
     Lee
     Linder
     Mack
     McDermott
     Mica
     Moran (KS)
     Paul
     Pence
     Petri
     Pitts
     Price (GA)
     Roskam
     Ryan (WI)
     Sali
     Sensenbrenner
     Shadegg
     Shimkus
     Stark
     Stearns
     Sullivan
     Tancredo
     Tiahrt
     Weldon (FL)
     Weller
     Woolsey

                        ANSWERED ``PRESENT''--1

       
     Campbell (CA)
       

                             NOT VOTING--4

     Bishop (UT)
     Jefferson
     Shuler
     Watson

                              {time}  1547

  Messrs. FOSSELLA, GOODLATTE, McDERMOTT, PRICE of Georgia, HERGER, 
STEARNS and MICA changed their vote from ``yea'' to ``nay.''
  Messrs. WATT, DREIER, ALEXANDER, HALL of Texas and ROYCE and Ms. 
WASSERMAN SCHULTZ changed their vote from ``nay'' to ``yea.''
  So the motion was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________