[Congressional Record (Bound Edition), Volume 155 (2009), Part 5]
[House]
[Pages 5601-5759]
[From the U.S. Government Publishing Office, www.gpo.gov]




                    OMNIBUS APPROPRIATIONS ACT, 2009

  Mr. OBEY. Mr. Speaker, pursuant to House Resolution 184, I call up 
the bill (H.R. 1105) making omnibus appropriations for the fiscal year 
ending September 30, 2009, and for other purposes, and ask for its 
immediate consideration.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Pursuant to House Resolution 184, the 
amendment printed in House Report 111-20 is adopted and the bill, as 
amended, is considered read.
  The text of the bill, as amended, is as follows:

                               H.R. 1105

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Omnibus Appropriations Act, 
     2009''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents of this Act is as follows:

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

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

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

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

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

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

Title I--Department of Defense--Civil: Department of the Army
Title II--Department of the Interior
Title III--Department of Energy

[[Page 5602]]

Title IV--Independent Agencies
Title V--General Provisions

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

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

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

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

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

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

        DIVISION G--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2009

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

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

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

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

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

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

     SEC. 3. REFERENCES.

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

     SEC. 4. EXPLANATORY STATEMENT.

       The explanatory statement regarding this Act printed in the 
     House of Representatives section of the Congressional Record 
     on or about February 23, 2009 by the Chairman of the 
     Committee on Appropriations of the House shall have the same 
     effect with respect to the allocation of funds and 
     implementation of this Act as if it were a joint explanatory 
     statement of a committee of conference.

     SEC. 5. STATEMENT OF APPROPRIATIONS.

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

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

                                TITLE I

                         AGRICULTURAL PROGRAMS

                  Production, Processing and Marketing

                        Office of the Secretary

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

                          Executive Operations


                     office of the chief economist

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


                       national appeals division

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

                 office of budget and program analysis

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


                      office of homeland Security

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

                Office of the Chief Information Officer

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

                 Office of the Chief Financial Officer

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

           Office of the Assistant Secretary for Civil Rights

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

                         Office of Civil Rights

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

          Office of the Assistant Secretary for Administration

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

        Agriculture Buildings and Facilities and Rental Payments


                     (including transfers of funds)

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

                     Hazardous Materials Management


                     (including transfers of funds)

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

                      Departmental Administration


                     (including transfers of funds)

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

     Office of the Assistant Secretary for Congressional Relations


                     (including transfers of funds)

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

                        Office of Communications

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

                      Office of Inspector General

       For necessary expenses of the Office of Inspector General, 
     including employment pursuant to the Inspector General Act of 
     1978, $85,766,000, including such sums as may be necessary 
     for contracting and other arrangements with public agencies 
     and private persons pursuant to section 6(a)(9) of the 
     Inspector General Act of 1978, and including not to

[[Page 5603]]

     exceed $125,000 for certain confidential operational 
     expenses, including the payment of informants, to be expended 
     under the direction of the Inspector General pursuant to 
     Public Law 95-452 and section 1337 of Public Law 97-98.

                     Office of the General Counsel

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

  Office of the Under Secretary for Research, Education and Economics

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

                       Economic Research Service

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

                National Agricultural Statistics Service

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

                     Agricultural Research Service


                         salaries and expenses

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


                        buildings and facilities

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

      Cooperative State Research, Education, and Extension Service


                   research and education activities

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


              native american institutions endowment fund

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


                          extension activities

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


                         integrated activities

       For the integrated research, education, and extension 
     grants programs, including necessary administrative expenses, 
     $56,864,000, as follows: for competitive grants

[[Page 5604]]

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

  Office of the Under Secretary for Marketing and Regulatory Programs

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

               Animal and Plant Health Inspection Service

                         salaries and expenses


                     (including transfers of funds)

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


                        BUILDINGS AND FACILITIES

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

                     Agricultural Marketing Service

                           marketing services

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


                 limitation on administrative expenses

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


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

                     (including transfers of funds)

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


                   payments to states and possessions

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

        Grain Inspection, Packers and Stockyards Administration

                         salaries and expenses

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


        limitation on inspection and weighing services expenses

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

             Office of the Under Secretary for Food Safety

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

                   Food Safety and Inspection Service

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

[[Page 5605]]

     one building during the fiscal year shall not exceed 10 
     percent of the current replacement value of the building.

    Office of the Under Secretary for Farm and Foreign Agricultural 
                                Services

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

                          Farm Service Agency

                         salaries and expenses


                     (including transfers of funds)

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


                         state mediation grants

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


               grassroots source water protection program

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


                        dairy indemnity program

                     (including transfer of funds)

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


           agricultural credit insurance fund program account

                     (including transfers of funds)

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

                         Risk Management Agency

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

                              CORPORATIONS

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

                Federal Crop Insurance Corporation Fund

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

                   Commodity Credit Corporation Fund

                 reimbursement for net realized losses


                     (including transfers of funds)

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


                       hazardous waste management

                        (limitation on expenses)

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

                                TITLE II

                         CONSERVATION PROGRAMS

  Office of the Under Secretary for Natural Resources and Environment

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

                 Natural Resources Conservation Service


                        conservation operations

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


               watershed and flood prevention operations

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


                    watershed rehabilitation program

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

[[Page 5606]]




                 resource conservation and development

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

                               TITLE III

                       RURAL DEVELOPMENT PROGRAMS

          Office of the Under Secretary for Rural Development

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

                Rural Development Salaries and Expenses


                     (including transfers of funds)

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

                         Rural Housing Service


              rural housing insurance fund program account

                     (including transfers of funds)

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


                       rental assistance program

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


          multi-family housing revitalization program account

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

[[Page 5607]]

     additional funds for vouchers described in this paragraph are 
     needed, funds for the preservation and revitalization 
     demonstration program may be used for such vouchers: Provided 
     further, That the Secretary may use any unobligated funds 
     appropriated for the rural housing voucher program in a prior 
     fiscal year to support information technology activities of 
     the Rural Housing Service to the extent the Secretary 
     determines that additional funds are not needed for this 
     fiscal year to provide vouchers described in this paragraph: 
     Provided further, That if Congress enacts legislation to 
     permanently authorize a section 515 multi-family rental 
     housing loan restructuring program similar to the 
     demonstration program described herein, the Secretary may use 
     funds made available for the demonstration program under this 
     heading to carry out such legislation with the prior approval 
     of the Committees on Appropriations of both Houses of 
     Congress.


                  mutual and self-help housing grants

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


                    rural housing assistance grants

                     (including transfer of funds)

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


                       farm labor program account

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


               Rural Community Facilities Program Account

                     (including transfers of funds)

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

                  Rural Business--Cooperative Service


                     rural business program account

                     (including transfers of funds)

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


              rural development loan fund program account

                     (including transfer of funds)

       For the principal amount of direct loans, as authorized by 
     the Rural Development Loan Fund (42 U.S.C. 9812(a)), 
     $33,536,000.
       For the cost of direct loans, $14,035,000, as authorized by 
     the Rural Development Loan Fund (42 U.S.C. 9812(a)), of which 
     $1,724,000 shall be available through June 30, 2009, for 
     Federally Recognized Native American Tribes and of which 
     $3,449,000 shall be available through June 30, 2009, for 
     Mississippi Delta Region counties (as determined in 
     accordance with Public Law 100-460): Provided, That such 
     costs, including the cost of modifying such loans, shall be 
     as defined in section 502 of the Congressional Budget Act of 
     1974: Provided further, That of the total amount 
     appropriated, $880,000 shall be available through June 30, 
     2009, for the cost of direct loans for authorized empowerment 
     zones and enterprise communities and communities designated 
     by the Secretary of Agriculture as Rural Economic Area 
     Partnership Zones.
       In addition, for administrative expenses to carry out the 
     direct loan programs, $4,853,000 shall be transferred to and 
     merged with the appropriation for ``Rural Development, 
     Salaries and Expenses''.


            Rural Economic Development Loans Program Account

                    (including rescission of funds)

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


                  rural cooperative development grants

       For rural cooperative development grants authorized under 
     section 310B(e) of the Consolidated Farm and Rural 
     Development Act (7 U.S.C. 1932), $12,636,000, of which 
     $300,000 shall be for a cooperative research agreement with a 
     qualified academic institution to conduct research on the 
     national economic impact of all types of cooperatives; and of 
     which $2,582,000 shall be for cooperative agreements for the 
     appropriate technology transfer for rural areas program: 
     Provided, That not to exceed $1,463,000 shall be for 
     cooperatives or associations of cooperatives whose primary 
     focus is to provide assistance to small, socially 
     disadvantaged producers and whose governing board and/or

[[Page 5608]]

     membership is comprised of at least 75 percent socially 
     disadvantaged members; and of which $3,867,000, to remain 
     available until expended, shall be for value-added 
     agricultural product market development grants, as authorized 
     by section 231 of the Agricultural Risk Protection Act of 
     2000 (7 U.S.C. 1621 note).


       rural empowerment zones and enterprise communities grants

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


                    rural energy for america program

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

                        Rural Utilities Service


             Rural Water and Waste Disposal Program Account

                     (including transfers of funds)

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


   rural electrification and telecommunications loans program account

                     (including transfer of funds)

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


         distance learning, telemedicine, and broadband program

                    (including rescission of funds)

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

                                TITLE IV

                         DOMESTIC FOOD PROGRAMS

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

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

                       Food and Nutrition Service


                        child nutrition programs

                     (including transfers of funds)

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


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

       For necessary expenses to carry out the special 
     supplemental nutrition program as authorized by section 17 of 
     the Child Nutrition Act of 1966 (42 U.S.C. 1786), 
     $6,860,000,000, to remain available through September 30, 
     2010, of which such sums as are necessary to restore the 
     contingency reserve to $125,000,000 shall be placed in 
     reserve, to remain available until expended, to be allocated 
     as the Secretary deems necessary, notwithstanding section 
     17(i) of such Act, to support participation should cost or 
     participation exceed budget estimates: Provided, That of the 
     total amount available, the Secretary shall obligate not less 
     than $14,850,000 for a breastfeeding support initiative in 
     addition to the activities specified in section 17(h)(3)(A): 
     Provided further, That, notwithstanding section 17(h)(10)(A) 
     of such Act, only the provisions of section 17(h)(10)(B)(i) 
     and section 17(h)(10)(B)(ii) shall be effective in 2009; 
     including $14,000,000 for the purposes specified in section 
     17(h)(10)(B)(i): Provided further, That funds made available 
     for the purposes specified in section 17(h)(10)(B)(ii) shall 
     only be made available upon determination by the Secretary 
     that funds are

[[Page 5609]]

     available to meet caseload requirements without the use of 
     the contingency reserve funds after the date of enactment of 
     this Act: Provided further, That hereafter none of the funds 
     in this Act shall be available to pay administrative expenses 
     of WIC clinics except those that have an announced policy of 
     prohibiting smoking within the space used to carry out the 
     program: Provided further, That none of the funds provided in 
     this account shall be available for the purchase of infant 
     formula except in accordance with the cost containment and 
     competitive bidding requirements specified in section 17 of 
     such Act: Provided further, That none of the funds provided 
     shall be available for activities that are not fully 
     reimbursed by other Federal Government departments or 
     agencies unless authorized by section 17 of such Act.


               supplemental nutrition assistance program

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


                      commodity assistance program

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


                   nutrition programs administration

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

                                TITLE V

                FOREIGN ASSISTANCE AND RELATED PROGRAMS

                      Foreign Agricultural Service


                         salaries and expenses

                     (including transfers of funds)

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


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

                     (including transfers of funds)

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


                     public law 480 title ii grants

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


       commodity credit corporation export loans program account

                     (including transfers of funds)

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


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

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

                                TITLE VI

            RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration


                         salaries and expenses

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

[[Page 5610]]

     $155,425,000 shall be for payments to the General Services 
     Administration for rent; and (9) $160,033,000 shall be for 
     other activities, including the Office of the Commissioner; 
     the Office of Scientific and Medical Programs; the Office of 
     Policy, Planning and Preparedness; the Office of 
     International and Special Programs; the Office of Operations; 
     and central services for these offices: Provided further, 
     That none of the funds made available under this heading 
     shall be used to transfer funds under section 770(n) of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379dd): 
     Provided further, That funds may be transferred from one 
     specified activity to another with the prior approval of the 
     Committees on Appropriations of both Houses of Congress.
       In addition, mammography user fees authorized by 42 U.S.C. 
     263b, export certification user fees authorized by 21 U.S.C. 
     381, and priority review user fees authorized by 21 U.S.C. 
     360n may be credited to this account, to remain available 
     until expended.


                        buildings and facilities

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

                           INDEPENDENT AGENCY

                       Farm Credit Administration


                 limitation on administrative expenses

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

                               TITLE VII

                           GENERAL PROVISIONS


             (including rescission and transfers of funds)

       Sec. 701. Within the unit limit of cost fixed by law, 
     appropriations and authorizations made for the Department of 
     Agriculture for the current fiscal year under this Act shall 
     be available for the purchase, in addition to those 
     specifically provided for, of not to exceed 327 passenger 
     motor vehicles, of which 315 shall be for replacement only, 
     and for the hire of such vehicles.
       Sec. 702. New obligational authority provided for the 
     following appropriation items in this Act shall remain 
     available until expended: Food Safety and Inspection Service, 
     Public Health Data Communication Infrastructure System; Farm 
     Service Agency, salaries and expenses funds made available to 
     county committees; Foreign Agricultural Service, middle-
     income country training program, and up to $2,000,000 of the 
     Foreign Agricultural Service appropriation solely for the 
     purpose of offsetting fluctuations in international currency 
     exchange rates, subject to documentation by the Foreign 
     Agricultural Service.
       Sec. 703. The Secretary of Agriculture may transfer 
     unobligated balances of discretionary funds appropriated by 
     this Act or other available unobligated discretionary 
     balances of the Department of Agriculture to the Working 
     Capital Fund for the acquisition of plant and capital 
     equipment necessary for the financial management 
     modernization initiative and the delivery of financial, 
     administrative, and information technology services of 
     primary benefit to the agencies of the Department of 
     Agriculture: Provided, That none of the funds made available 
     by this Act or any other Act shall be transferred to the 
     Working Capital Fund without the prior approval of the agency 
     administrator: Provided further, That none of the funds 
     transferred to the Working Capital Fund pursuant to this 
     section shall be available for obligation without the prior 
     approval of the Committees on Appropriations of both Houses 
     of Congress: Provided further, That none of the funds 
     appropriated by this Act or made available to the 
     Department's Working Capital Fund shall be available for 
     obligation or expenditure to make any changes to the 
     Department's National Finance Center without prior approval 
     of the Committees on Appropriations of both Houses of 
     Congress as required by section 712 of this Act.
       Sec. 704. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 705. No funds appropriated by this Act may be used to 
     pay negotiated indirect cost rates on cooperative agreements 
     or similar arrangements between the United States Department 
     of Agriculture and nonprofit institutions in excess of 10 
     percent of the total direct cost of the agreement when the 
     purpose of such cooperative arrangements is to carry out 
     programs of mutual interest between the two parties. This 
     does not preclude appropriate payment of indirect costs on 
     grants and contracts with such institutions when such 
     indirect costs are computed on a similar basis for all 
     agencies for which appropriations are provided in this Act.
       Sec. 706. Appropriations to the Department of Agriculture 
     for the cost of direct and guaranteed loans made available in 
     the current fiscal year shall remain available until expended 
     to disburse obligations made in the current fiscal year for 
     the following accounts: the Rural Development Loan Fund 
     program account, the Rural Electrification and 
     Telecommunication Loans program account, and the Rural 
     Housing Insurance Fund program account.
       Sec. 707. Of the funds made available by this Act, not more 
     than $1,800,000 shall be used to cover necessary expenses of 
     activities related to all advisory committees, panels, 
     commissions, and task forces of the Department of 
     Agriculture, except for panels used to comply with negotiated 
     rule makings and panels used to evaluate competitively 
     awarded grants.
       Sec. 708. None of the funds appropriated by this Act may be 
     used to carry out section 410 of the Federal Meat Inspection 
     Act (21 U.S.C. 679a) or section 30 of the Poultry Products 
     Inspection Act (21 U.S.C. 471).
       Sec. 709. No employee of the Department of Agriculture may 
     be detailed or assigned from an agency or office funded by 
     this Act to any other agency or office of the Department for 
     more than 30 days unless the individual's employing agency or 
     office is fully reimbursed by the receiving agency or office 
     for the salary and expenses of the employee for the period of 
     assignment.
       Sec. 710. None of the funds appropriated or otherwise made 
     available to the Department of Agriculture or the Food and 
     Drug Administration shall be used to transmit or otherwise 
     make available to any non-Department of Agriculture or non-
     Department of Health and Human Services employee questions or 
     responses to questions that are a result of information 
     requested for the appropriations hearing process.
       Sec. 711. None of the funds made available to the 
     Department of Agriculture by this Act may be used to acquire 
     new information technology systems or significant upgrades, 
     as determined by the Office of the Chief Information Officer, 
     without the approval of the Chief Information Officer and the 
     concurrence of the Executive Information Technology 
     Investment Review Board: Provided, That notwithstanding any 
     other provision of law, none of the funds appropriated or 
     otherwise made available by this Act may be transferred to 
     the Office of the Chief Information Officer without the prior 
     approval of the Committees on Appropriations of both Houses 
     of Congress: Provided further, That none of the funds 
     available to the Department of Agriculture for information 
     technology shall be obligated for projects over $25,000 prior 
     to receipt of written approval by the Chief Information 
     Officer.
       Sec. 712. (a) None of the funds provided by this Act, or 
     provided by previous Appropriations Acts to the agencies 
     funded by this Act that remain available for obligation or 
     expenditure in the current fiscal year, or provided from any 
     accounts in the Treasury of the United States derived by the 
     collection of fees available to the agencies funded by this 
     Act, shall be available for obligation or expenditure through 
     a reprogramming of funds which--
       (1) creates new programs;
       (2) eliminates a program, project, or activity;
       (3) increases funds or personnel by any means for any 
     project or activity for which funds have been denied or 
     restricted;
       (4) relocates an office or employees;
       (5) reorganizes offices, programs, or activities; or
       (6) contracts out or privatizes any functions or activities 
     presently performed by Federal employees; unless the 
     Committees on Appropriations of both Houses of Congress are 
     notified 15 days in advance of such reprogramming of funds.
       (b) None of the funds provided by this Act, or provided by 
     previous Appropriations Acts to the agencies funded by this 
     Act that remain available for obligation or expenditure in 
     the current fiscal year, or provided from any accounts in the 
     Treasury of the United States derived by the collection of 
     fees available to the agencies funded by this Act, shall be 
     available for obligation or expenditure for activities, 
     programs, or projects through a reprogramming of funds in 
     excess of $500,000 or 10 percent, which-ever is less, that: 
     (1) augments existing programs, projects, or activities; (2) 
     reduces by 10 percent funding for any existing program, 
     project, or activity, or numbers of personnel by 10 percent 
     as approved by Congress; or (3) results from any general 
     savings from a reduction in personnel which would result in a 
     change in existing programs, activities, or projects as 
     approved by Congress; unless the Committees on Appropriations 
     of both Houses of Congress are notified 15 days in advance of 
     such reprogramming of funds.
       (c) The Secretary of Agriculture or the Secretary of Health 
     and Human Services shall notify the Committees on 
     Appropriations of both Houses of Congress before implementing 
     a program or activity not carried out during the previous 
     fiscal year unless the program or activity is funded by this 
     Act or specifically funded by any other Act.
       Sec. 713. None of the funds appropriated by this or any 
     other Act shall be used to pay the salaries and expenses of 
     personnel who prepare or submit appropriations language as 
     part of the President's Budget submission to the Congress of 
     the United States for programs under the jurisdiction of the 
     Appropriations Subcommittees on Agriculture,

[[Page 5611]]

     Rural Development, Food and Drug Administration, and Related 
     Agencies that assumes revenues or reflects a reduction from 
     the previous year due to user fees proposals that have not 
     been enacted into law prior to the submission of the Budget 
     unless such Budget submission identifies which additional 
     spending reductions should occur in the event the user fees 
     proposals are not enacted prior to the date of the convening 
     of a committee of conference for the fiscal year 2010 
     appropriations Act.
       Sec. 714. None of the funds made available by this or any 
     other Act may be used to close or relocate a Rural 
     Development office unless or until the Secretary of 
     Agriculture determines the cost effectiveness and/or 
     enhancement of program delivery: Provided, That not later 
     than 120 days before the date of the proposed closure or 
     relocation, the Secretary notifies the Committees on 
     Appropriation of the House and Senate, and the members of 
     Congress from the State in which the office is located of the 
     proposed closure or relocation and provides a report that 
     describes the justifications for such closures and 
     relocations.
       Sec. 715. None of the funds made available to the Food and 
     Drug Administration by this Act shall be used to close or 
     relocate, or to plan to close or relocate, the Food and Drug 
     Administration Division of Pharmaceutical Analysis in St. 
     Louis, Missouri, outside the city or county limits of St. 
     Louis, Missouri.
       Sec. 716. There is hereby appropriated $434,000, to remain 
     available until expended, for the Denali Commission to 
     address deficiencies in solid waste disposal sites which 
     threaten to contaminate rural drinking water supplies.
       Sec. 717. None of the funds appropriated or otherwise made 
     available by this or any other Act shall be used to pay the 
     salaries and expenses of personnel to carry out an 
     environmental quality incentives program authorized by 
     chapter 4 of subtitle D of title XII of the Food Security Act 
     of 1985 (16 U.S.C. 3839aa, et seq.) in excess of 
     $1,067,000,000.
       Sec. 718. None of the funds made available in fiscal year 
     2009 or preceding fiscal years for programs authorized under 
     the Food for Peace Act (7 U.S.C. 1691 et seq.) in excess of 
     $20,000,000 shall be used to reimburse the Commodity Credit 
     Corporation for the release of eligible commodities under 
     section 302(f)(2)(A) of the Bill Emerson Humanitarian Trust 
     Act (7 U.S.C. 1736f-1): Provided, That any such funds made 
     available to reimburse the Commodity Credit Corporation shall 
     only be used pursuant to section 302(b)(2)(B)(i) of the Bill 
     Emerson Humanitarian Trust Act.
        Sec. 719. No funds shall be used to pay salaries and 
     expenses of the Department of Agriculture to carry out or 
     administer the program authorized by section 14(h)(1) of the 
     Watershed Protection and Flood Prevention Act (16 U.S.C. 
     1012(h)(1)).
       Sec. 720. Funds made available under section 1240I and 
     section 1241(a) of the Food Security Act of 1985 and section 
     524(b) of the Federal Crop Insurance Act (7 U.S.C. 1524(b)) 
     in the current fiscal year shall remain available until 
     expended to disburse obligations made in the current fiscal 
     year.
       Sec. 721. Unless otherwise authorized by existing law, none 
     of the funds provided in this Act, may be used by an 
     executive branch agency to produce any prepackaged news story 
     intended for broadcast or distribution in the United States 
     unless the story includes a clear notification within the 
     text or audio of the prepackaged news story that the 
     prepackaged news story was prepared or funded by that 
     executive branch agency.
       Sec. 722. Notwithstanding any other provision of law, any 
     former RUS borrower that has repaid or prepaid an insured, 
     direct or guaranteed loan under the Rural Electrification 
     Act, or any not-for-profit utility that is eligible to 
     receive an insured or direct loan under such Act, shall be 
     eligible for assistance under section 313(b)(2)(B) of such 
     Act in the same manner as a borrower under such Act.
       Sec. 723. None of the funds appropriated or otherwise made 
     available by this or any other Act shall be used to pay the 
     salaries and expenses of personnel to carry out a program 
     under subsection (b)(2)(A)(i) of section 14222 of Public Law 
     110-246 in excess of $1,071,530,000: Provided, That none of 
     the funds made available in this Act or any other Act shall 
     be used for salaries and expenses to carry out section 
     19(i)(1)(B) of the Richard B. Russell National School Lunch 
     Act as amended by section 4304 of Public Law 110-246 in 
     excess of $16,000,000 until October 1, 2009: Provided 
     further, of the unobligated balances under section 32 of the 
     Act of August 24, 1935, $293,530,000 are hereby rescinded.
       Sec. 724. Notwithstanding any other provision of law, the 
     Secretary of Agriculture is authorized to make funding and 
     other assistance available through the emergency watershed 
     protection program under section 403 of the Agricultural 
     Credit Act of 1978 (16 U.S.C. 2203) to repair and prevent 
     damage to non-Federal land in watersheds that have been 
     impaired by fires initiated by the Federal Government and 
     shall waive cost sharing requirements for the funding and 
     assistance.
       Sec. 725. There is hereby appropriated $3,497,000, to 
     remain available until expended, for a grant to the National 
     Center for Natural Products Research for construction or 
     renovation to carry out the research objectives of the 
     natural products research grant issued by the Food and Drug 
     Administration.
       Sec. 726. There is hereby appropriated $469,000, to remain 
     available until expended, for the planning and design of 
     construction of an agriculture pest facility in the State of 
     Hawaii.
       Sec. 727. None of the funds made available in this Act may 
     be used to establish or implement a rule allowing poultry 
     products to be imported into the United States from the 
     People's Republic of China.
       Sec. 728. There is hereby appropriated $794,000 to the Farm 
     Service Agency to carry out a pilot program to demonstrate 
     the use of new technologies that increase the rate of growth 
     of re-forested hardwood trees on private non-industrial 
     forests lands, enrolling lands on the coast of the Gulf of 
     Mexico that were damaged by Hurricane Katrina in 2005.
       Sec. 729. None of the funds made available to the 
     Department of Agriculture in this Act may be used to 
     implement the risk-based inspection program in the 30 
     prototype locations announced on February 22, 2007, by the 
     Under Secretary for Food Safety, or at any other locations, 
     until the USDA Office of Inspector General has provided its 
     findings to the Food Safety and Inspection Service and the 
     Committees on Appropriations of the House of Representatives 
     and the Senate on the data used in support of the development 
     and design of the risk-based inspection program and FSIS has 
     addressed and resolved issues identified by OIG.
       Sec. 730. Notwithstanding any other provision of law, and 
     until receipt of the decennial Census in the year 2010, the 
     Secretary of Agriculture shall consider--
       (1) the City of Palmview, Texas; the City of Pharr, Texas; 
     the City of Hidalgo, Texas; the City of Alton, Texas; the 
     City of La Joya, Texas; the City of Penitas, Texas; the City 
     of Schertz, Texas; the City of Converse, Texas; the City of 
     Cibolo, Texas; and the Township of Bern, Pennsylvania 
     (including individuals and entities with projects within the 
     cities), eligible for loans and grants funded through the 
     Rural Business Program account;
       (2) the County of Nueces, Texas (including individuals and 
     entities with projects within the county), eligible under the 
     Business and Industry Loan Guarantee Program for the purposes 
     of financing a beef processing facility;
       (3) the City of Asheboro, North Carolina (including 
     individuals and entities with projects within the city), 
     eligible for loans and grants funded through the Rural 
     Community Facilities Program account;
       (4) the City of Healdsburg, California; the City of 
     Imperial, California; the City of Havelock, North Carolina; 
     and the City of Newton, North Carolina (including individuals 
     and entities with projects within the cities), eligible for 
     loans and grants funded through the Rural Water and Waste 
     Disposal Program account; and
       (5) the City of Aptos, California (including individuals 
     and entities with projects within the city), eligible for 
     loans and grants funded under the housing programs of the 
     Rural Housing Service.
       Sec. 731. There is hereby appropriated $2,347,000 for 
     section 4404 of Public Law 107-171.
       Sec. 732. Notwithstanding any other provision of law, there 
     is hereby appropriated:
       (1) $1,877,000 of which $1,408,000 shall be for a grant to 
     the Wisconsin Department of Agriculture, Trade, and Consumer 
     Protection, and $469,000 shall be for a grant to the Vermont 
     Agency of Agriculture, Foods, and Markets, as authorized by 
     section 6402 of the Farm Security and Rural Investment Act of 
     2002 (7 U.S.C. 1621 note);
       (2) $338,000 for a grant to the Wisconsin Department of 
     Agriculture, Trade and Consumer Protection; and
       (3) $94,000 for a grant to the Graham Avenue Business 
     Improvement District in the State of New York.
       Sec. 733. Section 382K(c) of the Consolidated Farm and 
     Rural Development Act (7 U.S.C. 2009aa-10(c)) is repealed.
       Sec. 734. Notwithstanding any other provision of law, the 
     Natural Resources Conservation Service shall provide 
     financial and technical assistance--
       (1) through the Watershed and Flood Prevention Operations 
     program for the Pocasset River Floodplain Management Project 
     in the State of Rhode Island;
       (2) through the Watershed and Flood Prevention Operations 
     program to carry out the East Locust Creek Watershed Plan 
     Revision in Missouri, including up to 100 percent of the 
     engineering assistance and 75 percent cost share for 
     construction cost of site RW1;
       (3) through the Watershed and Flood Prevention Operations 
     program to carry out the Little Otter Creek Watershed project 
     in Missouri. The sponsoring local organization may obtain 
     land rights by perpetual easements;
       (4) through the Watershed and Flood Prevention Operations 
     program to carry out the Churchill Woods Dam Removal project 
     in DuPage County, Illinois;
       (5) through the Watershed and Flood Prevention Operations 
     program to carry out the Dunloup Creek Watershed Project in 
     Fayette and Raleigh Counties, West Virginia;
       (6) through the Watershed and Flood Prevention Operations 
     program to carry out the

[[Page 5612]]

     Alameda Creek Watershed Project in Alameda County, 
     California;
       (7) through the Watershed and Flood Prevention Operations 
     program to carry out the Colgan Creek Restoration project in 
     Sonoma County, California;
       (8) through the Watershed and Flood Prevention Operations 
     program to carry out the Hurricane Katrina-Related Watershed 
     Restoration project in Jackson County, Mississippi;
       (9) through the Watershed and Flood Prevention Operations 
     program to carry out the Lake George Watershed Protection 
     project in Warren County, New York; and
       (10) through the Watershed and Flood Prevention Operations 
     program to carry out the Pidcock-Mill Creeks Watershed 
     project in Bucks County, Pennsylvania.
       Sec. 735. Section 17(r)(5) of the Richard B. Russell 
     National School Lunch Act (42 U.S.C. 1766(r)(5)) is amended--
       (1) by striking ``eight'' and inserting ``ten'';
       (2) by striking ``six'' and inserting ``eight''; and
       (3) by inserting ``Vermont, Maryland,'' after the first 
     instance of ``States shall be''.
       Sec. 736. Notwithstanding any other provision of law, for 
     the purposes of a grant under section 412 of the Agricultural 
     Research, Extension, and Education Reform Act of 1998, none 
     of the funds in this or any other Act may be used to prohibit 
     the provision of in-kind support from non-Federal sources 
     under section 412(e)(3) in the form of unrecovered indirect 
     costs not otherwise charged against the grant, consistent 
     with the indirect rate of cost approved for a recipient.
       Sec. 737. None of the funds made available by this Act may 
     be used to pay the salaries and expenses of any individual to 
     conduct any activities that would allow the importation into 
     the United States of any ruminant or swine, or any fresh 
     (including chilled or frozen) meat or product of any ruminant 
     or swine, that is born, raised, or slaughtered in Argentina: 
     Provided, That this section shall not prevent the Secretary 
     from conducting all necessary activities to review this 
     proposal and issue a report on the findings to the Committees 
     on Appropriations of the House and Senate: Provided further, 
     That this section shall only have effect until the Secretary 
     of Agriculture has reviewed the domestic animal health 
     aspects of the pending proposal to allow the importation of 
     such products into the United States and has issued a report 
     to the Committees on the findings of such review.
       Sec. 738. Except as otherwise specifically provided by law, 
     unobligated balances remaining available at the end of the 
     fiscal year from appropriations made available for salaries 
     and expenses in this Act for the Farm Service Agency and the 
     Rural Development mission area, shall remain available 
     through September 30, 2010, for information technology 
     expenses.
       Sec. 739. None of the funds made available in this Act may 
     be used to pay the salaries or expenses of personnel to--
       (1) inspect horses under section 3 of the Federal Meat 
     Inspection Act (21 U.S.C. 603);
       (2) inspect horses under section 903 of the Federal 
     Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901 
     note; Public Law 104-127); or
       (3) implement or enforce section 352.19 of title 9, Code of 
     Federal Regulations.
       This division may be cited as the ``Agriculture, Rural 
     Development, Food and Drug Administration, and Related 
     Agencies Appropriations Act, 2009''.

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

                                TITLE I

                         DEPARTMENT OF COMMERCE

                   International Trade Administration


                     operations and administration

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

                    Bureau of Industry and Security


                     operations and administration

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

                  Economic Development Administration


                economic development assistance programs

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


                         salaries and expenses

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

                  Minority Business Development Agency


                     minority business development

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

[[Page 5613]]



                   Economic and Statistical Analysis


                         salaries and expenses

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

                          Bureau of the Census


                         salaries and expenses

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


                     periodic censuses and programs

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

       National Telecommunications and Information Administration


                         salaries and expenses

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


    public telecommunications facilities, planning and construction

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

               United States Patent and Trademark Office


                         salaries and expenses

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

             National Institute of Standards and Technology


             scientific and technical research and services

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


                     industrial technology services

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


                  construction of research facilities

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

            National Oceanic and Atmospheric Administration


                  operations, research, and facilities

                     (including transfers of funds)

       For necessary expenses of activities authorized by law for 
     the National Oceanic and Atmospheric Administration, 
     including maintenance, operation, and hire of aircraft and 
     vessels; grants, contracts, or other payments to nonprofit 
     organizations for the purposes of conducting activities 
     pursuant to cooperative agreements; and relocation of 
     facilities, $3,045,549,000, to remain available until 
     September 30, 2010, except for funds provided for cooperative 
     enforcement, which shall remain available until September 30, 
     2011: Provided, That fees and donations received by the 
     National Ocean Service for the management of national marine 
     sanctuaries may be retained and used for the salaries and 
     expenses associated with those activities, notwithstanding 31 
     U.S.C. 3302: Provided further, That in addition, $3,000,000 
     shall be derived by transfer from the fund entitled ``Coastal 
     Zone Management'' and in addition $79,000,000 shall be 
     derived by transfer from the fund entitled ``Promote and 
     Develop Fishery Products and Research Pertaining to American 
     Fisheries'': Provided further, That of the $3,133,549,000 
     provided for in direct obligations under this heading 
     $3,045,549,000 is appropriated from the general fund, 
     $82,000,000 is provided by transfer, and

[[Page 5614]]

     $6,000,000 is derived from recoveries of prior year 
     obligations: Provided further, That the total amount 
     available for the National Oceanic and Atmospheric 
     Administration corporate services administrative support 
     costs shall not exceed $226,809,000: Provided further, That 
     payments of funds made available under this heading to the 
     Department of Commerce Working Capital Fund including 
     Department of Commerce General Counsel legal services shall 
     not exceed $36,583,000: Provided further, That within the 
     amounts appropriated, $129,970,000 shall be used for the 
     projects, and in the amounts, specified in the explanatory 
     statement described in section 4 (in the matter preceding 
     division A of this consolidated Act): Provided further, That 
     any deviation from the amounts designated for specific 
     activities in the report accompanying this Act, or any use of 
     deobligated balances of funds provided under this heading in 
     previous years, shall be subject to the procedures set forth 
     in section 505 of this Act: Provided further, That in 
     allocating grants under sections 306 and 306A of the Coastal 
     Zone Management Act of 1972, as amended, no coastal State 
     shall receive more than 5 percent or less than 1 percent of 
     increased funds appropriated over the previous fiscal year: 
     Provided further, That the number of authorized officers in 
     the NOAA Commissioned Officer Corps shall remain at 321 until 
     such time as section 6 of Public Law 110-386 takes effect.
       In addition, for necessary retired pay expenses under the 
     Retired Serviceman's Family Protection and Survivor Benefits 
     Plan, and for payments for the medical care of retired 
     personnel and their dependents under the Dependents Medical 
     Care Act (10 U.S.C. 55), such sums as may be necessary.


               procurement, acquisition and construction

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


                    pacific coastal salmon recovery

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


                      coastal zone management fund

                     (including transfer of funds)

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


                   fisheries finance program account

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

                        Departmental Management


                         salaries and expenses

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


        herbert c. hoover building renovation and modernization

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


                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978 (5 U.S.C. App.), $25,800,000.

               General Provisions--Department of Commerce


                     (including transfer of funds)

       Sec. 101.  During the current fiscal year, applicable 
     appropriations and funds made available to the Department of 
     Commerce by this Act shall be available for the activities 
     specified in the Act of October 26, 1949 (15 U.S.C. 1514), to 
     the extent and in the manner prescribed by the Act, and, 
     notwithstanding 31 U.S.C. 3324, may be used for advanced 
     payments not otherwise authorized only upon the certification 
     of officials designated by the Secretary of Commerce that 
     such payments are in the public interest.
       Sec. 102.  During the current fiscal year, appropriations 
     made available to the Department of Commerce by this Act for 
     salaries and expenses shall be available for hire of 
     passenger motor vehicles as authorized by 31 U.S.C. 1343 and 
     1344; services as authorized by 5 U.S.C. 3109; and uniforms 
     or allowances therefor, as authorized by law (5 U.S.C. 5901-
     5902).
       Sec. 103.  Not to exceed 5 percent of any appropriation 
     made available for the current fiscal year for the Department 
     of Commerce in this Act may be transferred between such 
     appropriations, but no such appropriation shall be increased 
     by more than 10 percent by any such transfers: Provided, That 
     any transfer pursuant to this section shall be treated as a 
     reprogramming of funds under section 505 of this Act and 
     shall not be available for obligation or expenditure except 
     in compliance with the procedures set forth in that section: 
     Provided further, That the Secretary of Commerce shall notify 
     the Committees on Appropriations at least 15 days in advance 
     of the acquisition or disposal of any capital asset 
     (including land, structures, and equipment) not specifically 
     provided for in this Act or any other law appropriating funds 
     for the Department of Commerce: Provided further, That for 
     the National Oceanic and Atmospheric Administration this 
     section shall provide for transfers among appropriations made 
     only to the National Oceanic and Atmospheric Administration 
     and such appropriations may not be transferred and 
     reprogrammed to other Department of Commerce bureaus and 
     appropriation accounts.
       Sec. 104.  Any costs incurred by a department or agency 
     funded under this title resulting from personnel actions 
     taken in response to funding reductions included in this 
     title or from actions taken for the care and protection of 
     loan collateral or grant property shall be absorbed within 
     the total budgetary resources available to such department or 
     agency: Provided, That the authority to transfer funds 
     between appropriations accounts as may be necessary to carry 
     out this section is provided in addition to authorities 
     included elsewhere in this Act: Provided further, That use of 
     funds to carry out this section shall be treated as a 
     reprogramming of funds under section 505 of this Act and 
     shall not be available for obligation or expenditure except 
     in compliance with the procedures set forth in that section.
       Sec. 105. Hereafter, notwithstanding any other provision of 
     law, no funds appropriated under this Act or any other Act 
     shall be used to register, issue, transfer, or enforce any 
     trademark of the phrase ``Last Best Place''.
       Sec. 106. Hereafter, the Secretary of Commerce is permitted 
     to prescribe and enforce standards or regulations affecting 
     safety and health in the context of scientific and 
     occupational diving within the National Oceanic and 
     Atmospheric Administration.
       Sec. 107. The requirements set forth by section 112 of 
     division B of Public Law 110-161 are hereby adopted by 
     reference.

[[Page 5615]]

       Sec. 108.  Notwithstanding any other law, the Secretary may 
     furnish services (including but not limited to utilities, 
     telecommunications, and security services) necessary to 
     support the operation, maintenance, and improvement of space 
     that persons, firms or organizations are authorized pursuant 
     to the Public Buildings Cooperative Use Act of 1976 or other 
     authority to use or occupy in the Herbert C. Hoover Building, 
     Washington, D.C., or other buildings, the maintenance, 
     operation, and protection of which has been delegated to the 
     Secretary from the Administrator of General Services pursuant 
     to the Federal Property and Administrative Services Act of 
     1949, as amended, on a reimbursable or non-reimbursable 
     basis. Amounts received as reimbursement for services 
     provided under this section or the authority under which the 
     use or occupancy of the space is authorized, up to $200,000, 
     shall be credited to the appropriation or fund which 
     initially bears the costs of such services.
       Sec. 109. The amounts made available under section 213 of 
     Public Law 108-199 for a New England lobster fishing capacity 
     reduction program shall be available for transfer by the 
     National Oceanic and Atmospheric Administration from the 
     Fisheries Finance Program Account to the Operations, 
     Research, and Facilities appropriation, to remain available 
     until expended, for the Southern New England Cooperative 
     Research Initiative for cooperative research, marine debris 
     removal, and gear modification for conservation in Rhode 
     Island.
       Sec. 110. Section (d)(2)(A) of title 16 U.S.C. 3645 is 
     amended by inserting ``Nevada,'' after ``Idaho,''.
       Sec. 111. With the consent of the President, the Secretary 
     of Commerce shall represent the United States Government in 
     negotiating and monitoring international agreements regarding 
     fisheries, marine mammals, or sea turtles: Provided, That the 
     Secretary of Commerce shall be responsible for the 
     development and interdepartmental coordination of the 
     policies of the United States with respect to the 
     international negotiations and agreements referred to in this 
     section.
        This title may be cited as the ``Department of Commerce 
     Appropriations Act, 2009''.

                                TITLE II

                         DEPARTMENT OF JUSTICE

                         General Administration


                         salaries and expenses

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


                 justice information sharing technology

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


            tactical law enforcement wireless communications

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


                   Administrative Review and Appeals

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


                           detention trustee

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


                      Office of Inspector General

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

                    United States Parole Commission


                         salaries and expenses

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

                            Legal Activities


            salaries and expenses, general legal activities

                     (including transfer of funds)

       For expenses necessary for the legal activities of the 
     Department of Justice, not otherwise provided for, including 
     not to exceed $20,000 for expenses of collecting evidence, to 
     be expended under the direction of, and to be accounted for 
     solely under the certificate of, the Attorney General; and 
     rent of private or Government-owned space in the District of 
     Columbia, $804,007,000, of which not to exceed $10,000,000 
     for litigation support contracts shall remain available until 
     expended: Provided, That of the total amount appropriated, 
     not to exceed $10,000 shall be available to the United States 
     National Central Bureau, INTERPOL, for official reception and 
     representation expenses: Provided further, That 
     notwithstanding section 205 of this Act, upon a determination 
     by the Attorney General that emergent circumstances require 
     additional funding for litigation activities of the Civil 
     Division, the Attorney General may transfer such amounts to 
     ``Salaries and Expenses, General Legal Activities'' from 
     available appropriations for the current fiscal year for the 
     Department of Justice, as may be necessary to respond to such 
     circumstances: Provided further, That any transfer pursuant 
     to the previous proviso shall be treated as a reprogramming 
     under section 505 of this Act and shall not be available for 
     obligation or expenditure except in compliance with the 
     procedures set forth in that section: Provided further, That 
     of the amount appropriated, such sums as may be necessary 
     shall be available to reimburse the Office of Personnel 
     Management for salaries and expenses associated with the 
     Federal observer program under section 8 of the Voting Rights 
     Act of 1965 (42 U.S.C. 1973f): Provided further, That of the 
     amounts provided under this heading for the Federal observer 
     program $3,390,000 shall remain available until expended, of 
     which $1,090,000, previously transferred to the Department of 
     Justice by the Office of Personnel Management under section 
     126 of division A of Public Law 110-329, shall be transferred 
     back to the Office of Personnel Management by the Department 
     of Justice.
       In addition, for reimbursement of expenses of the 
     Department of Justice associated with processing cases under 
     the National Childhood Vaccine Injury Act of 1986, not to 
     exceed $7,833,000, to be appropriated from the Vaccine Injury 
     Compensation Trust Fund.


               salaries and expenses, antitrust division

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


             salaries and expenses, united states attorneys

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


                   united states trustee system fund

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

[[Page 5616]]

     fiscal year 2009 appropriation from the Fund estimated at 
     $52,416,000.


      salaries and expenses, foreign claims settlement commission

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


                     fees and expenses of witnesses

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


           salaries and expenses, community relations service

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


                         assets forfeiture fund

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

                     United States Marshals Service


                         salaries and expenses

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


                              construction

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

                       National Security Division


                         salaries and expenses

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

                      Interagency Law Enforcement


                 interagency crime and drug enforcement

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

                    Federal Bureau of Investigation


                         salaries and expenses

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


                              construction

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

                    Drug Enforcement Administration


                         salaries and expenses

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

          Bureau of Alcohol, Tobacco, Firearms and Explosives


                         salaries and expenses

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

[[Page 5617]]

     the publication of annual statistical reports on products 
     regulated by the Bureau of Alcohol, Tobacco, Firearms and 
     Explosives, including total production, importation, and 
     exportation by each licensed importer (as so defined) and 
     licensed manufacturer (as so defined), or statistical 
     aggregate data regarding firearms traffickers and trafficking 
     channels, or firearms misuse, felons, and trafficking 
     investigations: Provided further, That no funds made 
     available by this or any other Act shall be expended to 
     promulgate or implement any rule requiring a physical 
     inventory of any business licensed under section 923 of title 
     18, United States Code: Provided further, That no funds under 
     this Act may be used to electronically retrieve information 
     gathered pursuant to 18 U.S.C. 923(g)(4) by name or any 
     personal identification code: Provided further, That no funds 
     authorized or made available under this or any other Act may 
     be used to deny any application for a license under section 
     923 of title 18, United States Code, or renewal of such a 
     license due to a lack of business activity, provided that the 
     applicant is otherwise eligible to receive such a license, 
     and is eligible to report business income or to claim an 
     income tax deduction for business expenses under the Internal 
     Revenue Code of 1986.

                         Federal Prison System


                         salaries and expenses

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


                        buildings and facilities

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


                federal prison industries, incorporated

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


   limitation on administrative expenses, federal prison industries, 
                              incorporated

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

               State and Local Law Enforcement Activities

                    Office on Violence Against Women


       violence against women prevention and prosecution programs

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

[[Page 5618]]



                       Office of Justice Programs


                           justice assistance

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


               state and local law enforcement assistance

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


                       weed and seed program fund

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


                       juvenile justice programs

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


                     public safety officer benefits

       For payments and expenses authorized by part L of title I 
     of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C.

[[Page 5619]]

     3796), such sums as are necessary, as authorized by section 
     6093 of Public Law 100-690 (102 Stat. 4339-4340) (including 
     amounts for administrative costs, which amounts shall be paid 
     to the ``Salaries and Expenses'' account), to remain 
     available until expended; and $5,000,000 for payments 
     authorized by section 1201(b) of such Act; and $4,100,000 for 
     educational assistance, as authorized by section 1212 of such 
     Act.


                  community oriented policing services

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


                         salaries and expenses

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

               General Provisions--Department of Justice

       Sec. 201.  In addition to amounts otherwise made available 
     in this title for official reception and representation 
     expenses, a total of not to exceed $50,000 from funds 
     appropriated to the Department of Justice in this title shall 
     be available to the Attorney General for official reception 
     and representation expenses.
       Sec. 202.  None of the funds appropriated by this title 
     shall be available to pay for an abortion, except where the 
     life of the mother would be endangered if the fetus were 
     carried to term, or in the case of rape: Provided, That 
     should this prohibition be declared unconstitutional by a 
     court of competent jurisdiction, this section shall be null 
     and void.
       Sec. 203.  None of the funds appropriated under this title 
     shall be used to require any person to perform, or facilitate 
     in any way the performance of, any abortion.
       Sec. 204.  Nothing in the preceding section shall remove 
     the obligation of the Director of the Bureau of Prisons to 
     provide escort services necessary for a female inmate to 
     receive such service outside the Federal facility: Provided, 
     That nothing in this section in any way diminishes the effect 
     of section 203 intended to address the philosophical beliefs 
     of individual employees of the Bureau of Prisons.
       Sec. 205. Not to exceed 5 percent of any appropriation made 
     available for the current fiscal year for the Department of 
     Justice in this Act may be transferred between such 
     appropriations, but no such appropriation, except as 
     otherwise specifically provided, shall be increased by more 
     than 10 percent by any such transfers: Provided, That any 
     transfer pursuant to this section shall be treated as a 
     reprogramming of funds under section 505 of this Act and 
     shall not be available for obligation except in compliance 
     with the procedures set forth in that section: Provided 
     further, That none of the funds appropriated to ``Buildings 
     and Facilities, Federal Prison System'' in this or any other 
     Act may be transferred to ``Salaries and Expenses, Federal 
     Prison System'', or any other Department of Justice account, 
     unless the President certifies that such a transfer is 
     necessary to the national security interests of the United 
     States, and such authority shall not be delegated, and shall 
     be subject to section 505 of this Act.
       Sec. 206.  The Attorney General is authorized to extend 
     through September 30, 2010, the Personnel Management 
     Demonstration Project transferred to the Attorney General 
     pursuant to section 1115 of the Homeland Security Act of 
     2002, Public Law 107-296 (6 U.S.C. 533) without limitation on 
     the number of employees or the positions covered.
       Sec. 207.  Notwithstanding any other provision of law, 
     Public Law 102-395 section 102(b) shall extend to the Bureau 
     of Alcohol, Tobacco, Firearms and Explosives in the conduct 
     of undercover investigative operations and shall apply 
     without fiscal year limitation with respect to any undercover 
     investigative operation initiated by the Bureau of Alcohol, 
     Tobacco, Firearms and Explosives that is necessary for the 
     detection and prosecution of crimes against the United 
     States.
       Sec. 208.  None of the funds made available to the 
     Department of Justice in this Act may be used for the purpose 
     of transporting an individual who is a prisoner pursuant to 
     conviction for crime under State or Federal law and is 
     classified as a maximum or high security prisoner, other than 
     to a prison or other facility certified by the Federal Bureau 
     of Prisons as appropriately secure for housing such a 
     prisoner.
       Sec. 209. (a) None of the funds appropriated by this Act 
     may be used by Federal prisons to purchase cable television 
     services, to rent or purchase videocassettes, videocassette 
     recorders, or other audiovisual or electronic equipment used 
     primarily for recreational purposes.
       (b) The preceding sentence does not preclude the renting, 
     maintenance, or purchase of audiovisual or electronic 
     equipment for inmate training, religious, or educational 
     programs.
       Sec. 210.  None of the funds made available under this 
     title shall be obligated or expended for Sentinel, or for any 
     other major

[[Page 5620]]

     new or enhanced information technology program having total 
     estimated development costs in excess of $100,000,000, unless 
     the Deputy Attorney General and the investment review board 
     certify to the Committees on Appropriations that the 
     information technology program has appropriate program 
     management and contractor oversight mechanisms in place, and 
     that the program is compatible with the enterprise 
     architecture of the Department of Justice.
       Sec. 211.  The notification thresholds and procedures set 
     forth in section 505 of this Act shall apply to deviations 
     from the amounts designated for specific activities in this 
     Act and accompanying statement, and to any use of deobligated 
     balances of funds provided under this title in previous 
     years.
       Sec. 212.  None of the funds appropriated by this Act may 
     be used to plan for, begin, continue, finish, process, or 
     approve a public-private competition under the Office of 
     Management and Budget Circular A-76 or any successor 
     administrative regulation, directive, or policy for work 
     performed by employees of the Bureau of Prisons or of Federal 
     Prison Industries, Incorporated.
       Sec. 213.  Notwithstanding any other provision of law, no 
     funds shall be available for the salary, benefits, or 
     expenses of any United States Attorney assigned dual or 
     additional responsibilities by the Attorney General or his 
     designee that exempt that United States Attorney from the 
     residency requirements of 28 U.S.C. 545.
       Sec. 214.  None of the funds appropriated in this or any 
     other Act shall be obligated for the initiation of a future 
     phase of the Federal Bureau of Investigation's Sentinel 
     program until the Attorney General certifies to the 
     Committees on Appropriations that existing phases currently 
     under contract for development or fielding have completed a 
     majority of the work for that phase under the performance 
     measurement baseline validated by the integrated baseline 
     review conducted in 2008: Provided, That this restriction 
     does not apply to planning and design activities for future 
     phases: Provided further, That the Bureau will notify the 
     Committees on Appropriations of any significant changes to 
     the baseline.
       Sec. 215. (a) The Attorney General shall submit quarterly 
     reports to the Inspector General of the Department of Justice 
     regarding the costs and contracting procedures relating to 
     each conference held by the Department of Justice during 
     fiscal year 2009 for which the cost to the Government was 
     more than $20,000.
       (b) Each report submitted under subsection (a) shall 
     include, for each conference described in that subsection 
     held during the applicable quarter--
       (1) a description of the subject of and number of 
     participants attending that conference;
       (2) a detailed statement of the costs to the Government 
     relating to that conference, including--
       (A) the cost of any food or beverages;
       (B) the cost of any audio-visual services; and
       (C) a discussion of the methodology used to determine which 
     costs relate to that conference; and
       (3) a description of the contracting procedures relating to 
     that conference, including--
       (A) whether contracts were awarded on a competitive basis 
     for that conference; and
       (B) a discussion of any cost comparison conducted by the 
     Department of Justice in evaluating potential contractors for 
     that conference.
       This title may be cited as the ``Department of Justice 
     Appropriations Act, 2009''.

                               TITLE III

                                SCIENCE

                Office of Science and Technology Policy

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

             National Aeronautics and Space Administration

                                science

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

                              aeronautics

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

                              exploration

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

                            space operations

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

                               education

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


                          cross agency support

       For necessary expenses, not otherwise provided for, in the 
     conduct and support of science, aeronautics, exploration, 
     space operations and education research and development 
     activities, including research, development, operations, 
     support, and services; maintenance; construction of 
     facilities including repair, rehabilitation, revitalization, 
     and modification of facilities, construction of new 
     facilities and additions to existing facilities, facility 
     planning and design, and restoration, and acquisition or 
     condemnation of real property, as authorized by law; 
     environmental compliance and restoration; space flight, 
     spacecraft control, and communications activities; program 
     management; personnel and related costs, including uniforms 
     or allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
     travel expenses; purchase and hire of passenger motor 
     vehicles; not to exceed $70,000 for official reception and 
     representation expenses; and purchase, lease, charter, 
     maintenance, and operation of mission and administrative 
     aircraft, $3,306,387,000, to remain available until September 
     30, 2010: Provided, That $2,024,000,000, together with not 
     more than $9,000,000 to be derived from receipts pursuant to 
     42 U.S.C. 2459j, shall be available for center management and 
     operations: Provided further, That

[[Page 5621]]

     notwithstanding 42 U.S.C. 2459j, proceeds from enhanced use 
     leases that may be made available for obligation for fiscal 
     year 2009 shall not exceed $9,000,000: Provided further, That 
     each annual budget request shall include an annual estimate 
     of gross receipts and collections and proposed use of all 
     funds collected pursuant to 42 U.S.C. 2459j: Provided 
     further, That not less than $45,000,000 shall be available 
     for independent verification and validation activities, of 
     which $5,000,000 shall be available to develop core 
     verification and validation competencies with small 
     businesses, and $40,000,000 shall be available for operations 
     of the independent verification and validation facility: 
     Provided further,  That within the amounts appropriated 
     $67,500,000 shall be used for the projects, and in the 
     amounts, specified in the explanatory statement described in 
     section 4 (in the matter preceding division A of this 
     consolidated Act).

                      office of inspector general

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


                       administrative provisions

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

                      National Science Foundation

                    research and related activities

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


          major research equipment and facilities construction

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

                     education and human resources

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

                 agency operations and award management

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

                  office of the national science board

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

                      office of inspector general

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

                                TITLE IV

                            RELATED AGENCIES

                       Commission on Civil Rights


                         salaries and expenses

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

                Equal Employment Opportunity Commission

                         salaries and expenses

       For necessary expenses of the Equal Employment Opportunity 
     Commission as authorized by title VII of the Civil Rights Act 
     of 1964, the Age Discrimination in Employment Act of 1967, 
     the Equal Pay Act of 1963, the Americans with Disabilities 
     Act of 1990, and the Civil Rights Act of 1991, including

[[Page 5622]]

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

                     International Trade Commission

                         salaries and expenses

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

                       Legal Services Corporation

               payment to the legal services corporation

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

          administrative provision--legal services corporation

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

                        Marine Mammal Commission

                         salaries and expenses

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

            Office of the United States Trade Representative

                         salaries and expenses

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

                        State Justice Institute

                         salaries and expenses

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

                                TITLE V

                           GENERAL PROVISIONS

       Sec. 501. No part of any appropriation contained in this 
     Act shall be used for publicity or propaganda purposes not 
     authorized by the Congress.
       Sec. 502. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 503. The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract, 
     pursuant to 5 U.S.C. 3109, shall be limited to those 
     contracts where such expenditures are a matter of public 
     record and available for public inspection, except where 
     otherwise provided under existing law, or under existing 
     Executive order issued pursuant to existing law.
       Sec. 504. If any provision of this Act or the application 
     of such provision to any person or circumstances shall be 
     held invalid, the remainder of the Act and the application of 
     each provision to persons or circumstances other than those 
     as to which it is held invalid shall not be affected thereby.
       Sec. 505. (a) None of the funds provided under this Act, or 
     provided under previous appropriations Acts to the agencies 
     funded by this Act that remain available for obligation or 
     expenditure in fiscal year 2009, or provided from any 
     accounts in the Treasury of the United States derived by the 
     collection of fees available to the agencies funded by this 
     Act, shall be available for obligation or expenditure through 
     the reprogramming of funds that:
       (1) creates or initiates a new program, project or 
     activity;
       (2) eliminates a program, project or activity, unless the 
     House and Senate Committees on Appropriations are notified 15 
     days in advance of such reprogramming of funds;
       (3) increases funds or personnel by any means for any 
     project or activity for which funds have been denied or 
     restricted by this Act, unless the House and Senate 
     Committees on Appropriations are notified 15 days in advance 
     of such reprogramming of funds;
       (4) relocates an office or employees, unless the House and 
     Senate Committees on Appropriations are notified 15 days in 
     advance of such reprogramming of funds;
       (5) reorganizes or renames offices, programs or activities, 
     unless the House and Senate Committees on Appropriations are 
     notified 15 days in advance of such reprogramming of funds;
       (6) contracts out or privatizes any functions or activities 
     presently performed by Federal employees, unless the House 
     and Senate Committees on Appropriations are notified 15 days 
     in advance of such reprogramming of funds;
       (7) proposes to use funds directed for a specific activity 
     by either the House or Senate Committee on Appropriations for 
     a different purpose, unless the House and Senate Committees 
     on Appropriations are notified 15 days in advance of such 
     reprogramming of funds;
       (8) augments funds for existing programs, projects or 
     activities in excess of $500,000 or 10 percent, whichever is 
     less, or reduces by 10 percent funding for any program, 
     project or activity, or numbers of personnel by 10 percent as 
     approved by Congress, unless the House and Senate Committees 
     on Appropriations are notified 15 days in advance of such 
     reprogramming of funds; or
       (9) results from any general savings, including savings 
     from a reduction in personnel, which would result in a change 
     in existing programs, projects or activities as approved by 
     Congress, unless the House and Senate Committees on 
     Appropriations are notified 15 days in advance of such 
     reprogramming of funds.
       (b) None of the funds in provided under this Act, or 
     provided under previous appropriations Acts to the agencies 
     funded by this Act that remain available for obligation or 
     expenditure in fiscal year 2009, or provided from any 
     accounts in the Treasury of the United States derived by the 
     collection of fees available to the agencies funded by this 
     Act, shall be available for obligation or expenditure through 
     the reprogramming of funds after August 1, except in 
     extraordinary circumstances, and only after the House and 
     Senate Committees on Appropriations are notified 30 days in 
     advance of such reprogramming of funds.
       Sec. 506. Hereafter, none of the funds made available in 
     this or any other Act may be used to implement, administer, 
     or enforce any guidelines of the Equal Employment Opportunity 
     Commission covering harassment based on religion, when it is 
     made known to the Federal entity or official to which such 
     funds are made available that such guidelines do not differ 
     in any respect from the proposed guidelines published by the 
     Commission on October 1, 1993 (58 Fed. Reg. 51266).
       Sec. 507. If it has been finally determined by a court or 
     Federal agency that any person intentionally affixed a label 
     bearing a ``Made in America'' inscription, or any inscription 
     with the same meaning, to any product sold in or shipped to 
     the United States that is not made in the United States, the 
     person shall be ineligible to receive any contract or 
     subcontract made with funds made available in this Act, 
     pursuant to the debarment, suspension, and ineligibility 
     procedures described in sections 9.400 through 9.409 of title 
     48, Code of Federal Regulations.
       Sec. 508. The Departments of Commerce and Justice, the 
     National Science Foundation, and the National Aeronautics and 
     Space Administration, shall provide to the House and Senate 
     Committees on Appropriations a quarterly accounting of the 
     cumulative balances of any unobligated funds that were 
     received by such agency during any previous fiscal year.
       Sec. 509. Any costs incurred by a department or agency 
     funded under this Act resulting from, or to prevent, 
     personnel actions taken in response to funding reductions 
     included in this Act shall be absorbed within the total 
     budgetary resources available to such department or agency: 
     Provided, That

[[Page 5623]]

     the authority to transfer funds between appropriations 
     accounts as may be necessary to carry out this section is 
     provided in addition to authorities included elsewhere in 
     this Act: Provided further, That use of funds to carry out 
     this section shall be treated as a reprogramming of funds 
     under section 505 of this Act and shall not be available for 
     obligation or expenditure except in compliance with the 
     procedures set forth in that section.
       Sec. 510. None of the funds provided by this Act shall be 
     available to promote the sale or export of tobacco or tobacco 
     products, or to seek the reduction or removal by any foreign 
     country of restrictions on the marketing of tobacco or 
     tobacco products, except for restrictions which are not 
     applied equally to all tobacco or tobacco products of the 
     same type.
       Sec. 511. None of the funds appropriated pursuant to this 
     Act or any other provision of law may be used for--
       (1) the implementation of any tax or fee in connection with 
     the implementation of subsection 922(t) of title 18, United 
     States Code; and
       (2) any system to implement subsection 922(t) of title 18, 
     United States Code, that does not require and result in the 
     destruction of any identifying information submitted by or on 
     behalf of any person who has been determined not to be 
     prohibited from possessing or receiving a firearm no more 
     than 24 hours after the system advises a Federal firearms 
     licensee that possession or receipt of a firearm by the 
     prospective transferee would not violate subsection (g) or 
     (n) of section 922 of title 18, United States Code, or State 
     law.
       Sec. 512. Notwithstanding any other provision of law, 
     amounts deposited or available in the Fund established under 
     42 U.S.C. 10601 in any fiscal year in excess of $635,000,000 
     shall not be available for obligation until the following 
     fiscal year.
       Sec. 513. None of the funds made available to the 
     Department of Justice in this Act may be used to discriminate 
     against or denigrate the religious or moral beliefs of 
     students who participate in programs for which financial 
     assistance is provided from those funds, or of the parents or 
     legal guardians of such students.
       Sec. 514. None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in, this Act 
     or any other appropriations Act.
       Sec. 515. Any funds provided in this Act used to implement 
     E-Government Initiatives shall be subject to the procedures 
     set forth in section 505 of this Act.
       Sec. 516. (a) Tracing studies conducted by the Bureau of 
     Alcohol, Tobacco, Firearms and Explosives are released 
     without adequate disclaimers regarding the limitations of the 
     data.
       (b) The Bureau of Alcohol, Tobacco, Firearms and Explosives 
     shall include in all such data releases, language similar to 
     the following that would make clear that trace data cannot be 
     used to draw broad conclusions about firearms-related crime:
       (1) Firearm traces are designed to assist law enforcement 
     authorities in conducting investigations by tracking the sale 
     and possession of specific firearms. Law enforcement agencies 
     may request firearms traces for any reason, and those reasons 
     are not necessarily reported to the Federal Government. Not 
     all firearms used in crime are traced and not all firearms 
     traced are used in crime.
       (2) Firearms selected for tracing are not chosen for 
     purposes of determining which types, makes, or models of 
     firearms are used for illicit purposes. The firearms selected 
     do not constitute a random sample and should not be 
     considered representative of the larger universe of all 
     firearms used by criminals, or any subset of that universe. 
     Firearms are normally traced to the first retail seller, and 
     sources reported for firearms traced do not necessarily 
     represent the sources or methods by which firearms in general 
     are acquired for use in crime.
       Sec. 517. (a) The Inspectors General of the Department of 
     Commerce, the Department of Justice, the National Aeronautics 
     and Space Administration, the National Science Foundation, 
     and the Legal Services Corporation shall conduct audits, 
     pursuant to the Inspector General Act (5 U.S.C. App.), of 
     grants or contracts for which funds are appropriated by this 
     Act, and shall submit reports to Congress on the progress of 
     such audits, which may include preliminary findings and a 
     description of areas of particular interest, within 180 days 
     after initiating such an audit and every 180 days thereafter 
     until any such audit is completed.
       (b) Within 60 days after the date on which an audit 
     described in subsection (a) by an Inspector General is 
     completed, the Secretary, Attorney General, Administrator, 
     Director, or President, as appropriate, shall make the 
     results of the audit available to the public on the Internet 
     website maintained by the Department, Administration, 
     Foundation, or Corporation, respectively. The results shall 
     be made available in redacted form to exclude--
       (1) any matter described in section 552(b) of title 5, 
     United States Code; and
       (2) sensitive personal information for any individual, the 
     public access to which could be used to commit identity theft 
     or for other inappropriate or unlawful purposes.
       (c) A grant or contract funded by amounts appropriated by 
     this Act may not be used for the purpose of defraying the 
     costs of a banquet or conference that is not directly and 
     programmatically related to the purpose for which the grant 
     or contract was awarded, such as a banquet or conference held 
     in connection with planning, training, assessment, review, or 
     other routine purposes related to a project funded by the 
     grant or contract.
       (d) Any person awarded a grant or contract funded by 
     amounts appropriated by this Act shall submit a statement to 
     the Secretary of Commerce, the Attorney General, the 
     Administrator, Director, or President, as appropriate, 
     certifying that no funds derived from the grant or contract 
     will be made available through a subcontract or in any other 
     manner to another person who has a financial interest in the 
     person awarded the grant or contract.
       (e) The provisions of the preceding subsections of this 
     section shall take effect 30 days after the date on which the 
     Director of the Office of Management and Budget, in 
     consultation with the Director of the Office of Government 
     Ethics, determines that a uniform set of rules and 
     requirements, substantially similar to the requirements in 
     such subsections, consistently apply under the executive 
     branch ethics program to all Federal departments, agencies, 
     and entities.
       Sec. 518. None of the funds appropriated or otherwise made 
     available under this Act may be used to issue patents on 
     claims directed to or encompassing a human organism.
       Sec. 519. None of the funds made available in this Act 
     shall be used in any way whatsoever to support or justify the 
     use of torture by any official or contract employee of the 
     United States Government.
       Sec. 520. (a) Notwithstanding any other provision of law or 
     treaty, none of the funds appropriated or otherwise made 
     available under this Act or any other Act may be expended or 
     obligated by a department, agency, or instrumentality of the 
     United States to pay administrative expenses or to compensate 
     an officer or employee of the United States in connection 
     with requiring an export license for the export to Canada of 
     components, parts, accessories or attachments for firearms 
     listed in Category I, section 121.1 of title 22, Code of 
     Federal Regulations (International Trafficking in Arms 
     Regulations (ITAR), part 121, as it existed on April 1, 2005) 
     with a total value not exceeding $500 wholesale in any 
     transaction, provided that the conditions of subsection (b) 
     of this section are met by the exporting party for such 
     articles.
       (b) The foregoing exemption from obtaining an export 
     license--
       (1) does not exempt an exporter from filing any Shipper's 
     Export Declaration or notification letter required by law, or 
     from being otherwise eligible under the laws of the United 
     States to possess, ship, transport, or export the articles 
     enumerated in subsection (a); and
       (2) does not permit the export without a license of--
       (A) fully automatic firearms and components and parts for 
     such firearms, other than for end use by the Federal 
     Government, or a Provincial or Municipal Government of 
     Canada;
       (B) barrels, cylinders, receivers (frames) or complete 
     breech mechanisms for any firearm listed in Category I, other 
     than for end use by the Federal Government, or a Provincial 
     or Municipal Government of Canada; or
       (C) articles for export from Canada to another foreign 
     destination.
       (c) In accordance with this section, the District Directors 
     of Customs and postmasters shall permit the permanent or 
     temporary export without a license of any unclassified 
     articles specified in subsection (a) to Canada for end use in 
     Canada or return to the United States, or temporary import of 
     Canadian-origin items from Canada for end use in the United 
     States or return to Canada for a Canadian citizen.
       (d) The President may require export licenses under this 
     section on a temporary basis if the President determines, 
     upon publication first in the Federal Register, that the 
     Government of Canada has implemented or maintained inadequate 
     import controls for the articles specified in subsection (a), 
     such that a significant diversion of such articles has and 
     continues to take place for use in international terrorism or 
     in the escalation of a conflict in another nation. The 
     President shall terminate the requirements of a license when 
     reasons for the temporary requirements have ceased.
       Sec. 521. Notwithstanding any other provision of law, no 
     department, agency, or instrumentality of the United States 
     receiving appropriated funds under this Act or any other Act 
     shall obligate or expend in any way such funds to pay 
     administrative expenses or the compensation of any officer or 
     employee of the United States to deny any application 
     submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and qualified 
     pursuant to 27 CFR section 478.112 or .113, for a permit to 
     import United States origin ``curios or relics'' firearms, 
     parts, or ammunition.
       Sec. 522. None of the funds made available in this Act may 
     be used to include in any

[[Page 5624]]

     new bilateral or multilateral trade agreement the text of--
       (1) paragraph 2 of article 16.7 of the United States-
     Singapore Free Trade Agreement;
       (2) paragraph 4 of article 17.9 of the United States-
     Australia Free Trade Agreement; or
       (3) paragraph 4 of article 15.9 of the United States-
     Morocco Free Trade Agreement.
       Sec. 523. None of the funds made available in this Act may 
     be used to authorize or issue a national security letter in 
     contravention of any of the following laws authorizing the 
     Federal Bureau of Investigation to issue national security 
     letters: The Right to Financial Privacy Act; The Electronic 
     Communications Privacy Act; The Fair Credit Reporting Act; 
     The National Security Act of 1947; USA PATRIOT Act; and the 
     laws amended by these Acts.
       Sec. 524. If at any time during any quarter, the program 
     manager of a project within the jurisdiction of the 
     Departments of Commerce or Justice, the National Aeronautics 
     and Space Administration, or the National Science Foundation 
     totaling more than $75,000,000 has reasonable cause to 
     believe that the total program cost has increased by 10 
     percent, the program manager shall immediately inform the 
     Secretary, Administrator, or Director. The Secretary, 
     Administrator, or Director shall notify the House and Senate 
     Committees on Appropriations within 30 days in writing of 
     such increase, and shall include in such notice: the date on 
     which such determination was made; a statement of the reasons 
     for such increases; the action taken and proposed to be taken 
     to control future cost growth of the project; changes made in 
     the performance or schedule milestones and the degree to 
     which such changes have contributed to the increase in total 
     program costs or procurement costs; new estimates of the 
     total project or procurement costs; and a statement 
     validating that the project's management structure is 
     adequate to control total project or procurement costs.
       Sec. 525. Funds appropriated by this Act, or made available 
     by the transfer of funds in this Act, for intelligence or 
     intelligence related activities are deemed to be specifically 
     authorized by the Congress for purposes of section 504 of the 
     National Security Act of 1947 (50 U.S.C. 414) during fiscal 
     year 2009 until the enactment of the Intelligence 
     Authorization Act for fiscal year 2009.
       Sec. 526. The Departments, agencies, and commissions funded 
     under this Act, shall establish and maintain on the homepages 
     of their Internet websites--
       (1) a direct link to the Internet websites of their Offices 
     of Inspectors General; and
       (2) a mechanism on the Offices of Inspectors General 
     website by which individuals may anonymously report cases of 
     waste, fraud, or abuse with respect to those Departments, 
     agencies, and commissions.
       Sec. 527.  None of the funds appropriated or otherwise made 
     available by this Act may be used to enter into a contract in 
     an amount greater than $5,000,000 or to award a grant in 
     excess of such amount unless the prospective contractor or 
     grantee certifies in writing to the agency awarding the 
     contract or grant that, to the best of its knowledge and 
     belief, the contractor or grantee has filed all Federal tax 
     returns required during the three years preceding the 
     certification, has not been convicted of a criminal offense 
     under the Internal Revenue Code of 1986, and has not, more 
     than 90 days prior to certification, been notified of any 
     unpaid Federal tax assessment for which the liability remains 
     unsatisfied, unless the assessment is the subject of an 
     installment agreement or offer in compromise that has been 
     approved by the Internal Revenue Service and is not in 
     default, or the assessment is the subject of a non-frivolous 
     administrative or judicial proceeding.
       Sec. 528. None of the funds appropriated or otherwise made 
     available in this Act may be used in a manner that is 
     inconsistent with the principal negotiating objective of the 
     United States with respect to trade remedy laws to preserve 
     the ability of the United States--
       (1) to enforce vigorously its trade laws, including 
     antidumping, countervailing duty, and safeguard laws;
       (2) to avoid agreements that--
       (A) lessen the effectiveness of domestic and international 
     disciplines on unfair trade, especially dumping and 
     subsidies; or
       (B) lessen the effectiveness of domestic and international 
     safeguard provisions, in order to ensure that United States 
     workers, agricultural producers, and firms can compete fully 
     on fair terms and enjoy the benefits of reciprocal trade 
     concessions; and
       (3) to address and remedy market distortions that lead to 
     dumping and subsidization, including overcapacity, 
     cartelization, and market-access barriers.


                             (Rescissions)

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

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

                                TITLE I

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

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


                             Investigations

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


                              Construction

       For expenses necessary for the construction of river and 
     harbor, flood and storm damage reduction, shore protection, 
     aquatic ecosystem restoration, and related projects 
     authorized by law; for conducting detailed studies, and plans 
     and specifications, of such projects (including those 
     involving participation by States, local governments, or 
     private groups) authorized or made eligible for selection by 
     law (but such detailed studies, and plans and specifications, 
     shall not constitute a commitment of the Government to 
     construction); $2,141,677,000, to remain available until 
     expended; of which such sums as are necessary to cover the 
     Federal share of construction costs for facilities under the 
     Dredged Material Disposal Facilities program shall be derived 
     from the Harbor Maintenance Trust Fund as authorized by 
     Public Law 104-303; and of which such sums as are necessary 
     pursuant to Public Law 99-662 shall be derived from the 
     Inland Waterways Trust Fund, to cover one-half of the costs 
     of construction, replacement, rehabilitation, and expansion 
     of inland waterways projects (including only Chickamauga 
     Lock, Tennessee; Kentucky Lock and Dam, Tennessee River, 
     Kentucky; Lock and Dams 2, 3, and 4 Monongahela River, 
     Pennsylvania; Marmet Lock and Dam, West Virginia; McAlpine 
     Lock and Dam, Kentucky and Indiana; Olmsted Lock and Dam, 
     Illinois and Kentucky; Gray's Landing Lock and Dam, 
     Pennsylvania; R.C. Byrd Lock and Dam, Ohio and

[[Page 5625]]

     West Virginia; and Point Marion Lock and Dam, Pennsylvania) 
     shall be derived from the Inland Waterways Trust Fund: 
     Provided, That the Chief of Engineers is directed to use 
     $13,000,000 of the funds appropriated herein for the Dallas 
     Floodway Extension, Texas, project, including the Cadillac 
     Heights feature, generally in accordance with the Chief of 
     Engineers report dated December 7, 1999: Provided further, 
     That the Chief of Engineers is directed to use $8,000,000 of 
     the funds appropriated herein for planning, engineering, 
     design or construction of the Grundy, Buchanan County, and 
     Dickenson County, Virginia, elements of the Levisa and Tug 
     Forks of the Big Sandy River and Upper Cumberland River 
     Project: Provided further, That the Chief of Engineers is 
     directed to use $8,500,000 of the funds appropriated herein 
     to continue planning, engineering, design or construction of 
     the Lower Mingo County, Upper Mingo County, Wayne County, 
     McDowell County, West Virginia, elements of the Levisa and 
     Tug Forks of the Big Sandy River and Upper Cumberland River 
     Project: Provided further, That the Secretary of the Army, 
     acting through the Chief of Engineers, is directed to use 
     $9,000,000 of the funds appropriated herein for the Clover 
     Fork, City of Cumberland, Town of Martin, Pike County 
     (including Levisa Fork and Tug Fork Tributaries), Bell 
     County, Harlan County in accordance with the Draft Detailed 
     Project Report dated January 2002, Floyd County, Martin 
     County, Johnson County, and Knox County, Kentucky, detailed 
     project report, elements of the Levisa and Tug Forks of the 
     Big Sandy River and Upper Cumberland River: Provided further, 
     That the Chief of Engineers is directed to use $17,048,000 of 
     the funds provided herein for planning and design and 
     construction of a rural health care facility on the Fort 
     Berthold Reservation of the Three Affiliated Tribes, North 
     Dakota: Provided further, That, except as provided in section 
     101 of this Act, the amounts made available under this 
     paragraph shall be expended as authorized in law for the 
     projects and activities specified in the text and table under 
     this heading in the explanatory statement described in 
     section 4 (in the matter preceding division A of the 
     consolidated Act).


                   Mississippi River and Tributaries

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


                       operation and maintenance

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


                           Regulatory Program

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


            Formerly Utilized Sites Remedial Action Program

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


                                Expenses

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


        office of assistant secretary of the army (civil works)

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


                        Administrative Provision

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


             GENERAL PROVISIONS, Corps of Engineers--Civil

       Sec. 101. (a) None of the funds provided in title I of this 
     Act, or provided by previous appropriations Acts to the 
     agencies or entities funded in title I of this Act that 
     remain available for obligation or expenditure in fiscal year 
     2009, shall be available for obligation or expenditure 
     through a reprogramming of funds that:
       (1) creates or initiates a new program, project, or 
     activity;
       (2) eliminates a program, project, or activity;
       (3) increases funds or personnel for any program, project, 
     or activity for which funds have been denied or restricted by 
     this Act, unless prior approval is received from the House 
     and Senate Committees on Appropriations;
       (4) proposes to use funds directed for a specific activity 
     for a different purpose, unless prior approval is received 
     from the House and Senate Committees on Appropriations;
       (5) augments or reduces existing programs, projects or 
     activities in excess of the amounts contained in subsections 
     6 through 10, unless prior approval is received from the 
     House and Senate Committees on Appropriations;
       (6) Investigations.--For a base level over $100,000, 
     reprogramming of 25 percent of the base amount up to a limit 
     of $150,000 per project, study or activity is allowed: 
     Provided, That for a base level less than $100,000, the 
     reprogramming limit is $25,000; Provided further, That up to 
     $25,000 may be reprogrammed into any continuing study or 
     activity that did not receive an appropriation for

[[Page 5626]]

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

[[Page 5627]]

       Sec. 116. The Colorado Department of Natural Resources is 
     authorized to perform modifications of the facility 
     (Chatfield Reservoir, Colorado), and any required mitigation 
     which results from implementation of the project: Provided, 
     That in carrying out the reassignment of storage space 
     provided for in this section, the Secretary shall collaborate 
     with the Colorado Department of Natural Resources and local 
     interests to determine costs to be repaid for storage that 
     reflects the limited reliability of the resources and the 
     capability of non-Federal interests to make use of the 
     reallocated storage space in Chatfield Reservoir, Colorado.
       Sec. 117. Section 117 of the Energy and Water Development 
     and Related Agencies Appropriations Act, 2005, as contained 
     in division C of Public Law 108-447, is hereby repealed.
       Sec. 118. The Secretary of Army, acting through the Chief 
     of Engineers, shall reassign the regulatory boundaries of the 
     Chicago District to align with the existing civil works 
     boundaries of the Chicago District.

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project


                central utah project completion account

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

                         Bureau of Reclamation

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


                      Water and Related Resources

                     (including transfers of funds)

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


                Central Valley Project Restoration Fund

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


                    California Bay-Delta Restoration

                     (including transfers of funds)

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


                       policy and administration

                     (including transfer of funds)

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


                        ADMINISTRATIVE PROVISION

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

             General Provisions, Department of the Interior

       Sec. 201. (a) None of the funds provided in title II of 
     this Act for Water and Related Resources, or provided by 
     previous appropriations Acts to the agencies or entities 
     funded in title II of this Act for Water and Related 
     Resources that remain available for obligation or expenditure 
     in fiscal year 2009, shall be available for obligation or 
     expenditure through a reprogramming of funds that--
       (1) initiates or creates a new program, project, or 
     activity;
       (2) eliminates a program, project, or activity;
       (3) increases funds for any program, project, or activity 
     for which funds have been denied or restricted by this Act, 
     unless prior approval is received from the Committees on 
     Appropriations of the House of Representatives and the 
     Senate;
       (4) restarts or resumes any program, project or activity 
     for which funds are not provided in this Act, unless prior 
     approval is received from the Committees on Appropriations of 
     the House of Representatives and the Senate;
       (5) transfers funds in excess of the following limits, 
     unless prior approval is received from the Committees on 
     Appropriations of the House of Representatives and the 
     Senate:
       (A) 15 percent for any program, project or activity for 
     which $2,000,000 or more is available at the beginning of the 
     fiscal year; or
       (B) $300,000 for any program, project or activity for which 
     less than $2,000,000 is available at the beginning of the 
     fiscal year;
       (6) transfers more than $500,000 from either the Facilities 
     Operation, Maintenance, and Rehabilitation category or the 
     Resources Management and Development category to any program, 
     project, or activity in the other category, unless prior 
     approval is received from the Committees on Appropriations of 
     the House of Representatives and the Senate; or
       (7) transfers, where necessary to discharge legal 
     obligations of the Bureau of Reclamation, more than 
     $5,000,000 to provide adequate funds for settled contractor 
     claims, increased contractor earnings due to accelerated 
     rates of operations, and real estate deficiency judgments, 
     unless prior approval is received from the Committees on 
     Appropriations of the House of Representatives and the 
     Senate.
       (b) Subsection (a)(5) shall not apply to any transfer of 
     funds within the Facilities Operation, Maintenance, and 
     Rehabilitation category.
       (c) For purposes of this section, the term ``transfer'' 
     means any movement of funds into or out of a program, 
     project, or activity.
       (d) The Bureau of Reclamation shall submit reports on a 
     quarterly basis to the Committees on Appropriations of the 
     House of

[[Page 5628]]

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

                               TITLE III

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                 Energy Efficiency and Renewable Energy

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

              Electricity Delivery and Energy Reliability

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

                             Nuclear Energy


                     (including transfer of funds)

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

[[Page 5629]]

     Directed Nuclear Energy Projects'' in the text and table 
     under this heading in the explanatory statement described in 
     section 4 (in the matter preceding division A of this 
     consolidated Act).


                         Clean Coal Technology

                     (including transfer of funds)

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

                 Fossil Energy Research and Development


                     (including transfer of funds)

       For necessary expenses in carrying out fossil energy 
     research and development activities, under the authority of 
     the Department of Energy Organization Act (Public Law 95-91), 
     including the acquisition of interest, including defeasible 
     and equitable interests in any real property or any facility 
     or for plant or facility acquisition or expansion, and for 
     conducting inquiries, technological investigations and 
     research concerning the extraction, processing, use, and 
     disposal of mineral substances without objectionable social 
     and environmental costs (30 U.S.C. 3, 1602, and 1603), 
     $876,320,000, to remain available until expended, of which 
     $149,000,000 shall be derived by transfer from ``Clean Coal 
     Technology'': Provided, That of the amounts provided, 
     $288,174,000 is available for the Clean Coal Power Initiative 
     Round III solicitation, pursuant to title IV of the Public 
     Law 109-58: Provided further, That funds appropriated for 
     prior solicitations under the Clean Coal Technology Program, 
     Power Plant Improvement Initiative, Clean Coal Power 
     Initiative, and FutureGen, but not required by the Department 
     to meet its obligations on projects selected under such 
     solicitations, may be utilized for the Clean Coal Power 
     Initiative Round III solicitation under this Act in 
     accordance with the requirements of this Act rather than the 
     Acts under which the funds were appropriated: Provided 
     further, That no Clean Coal Power Initiative project may be 
     selected for which full funding is not available to provide 
     for the total project: Provided further, That if a Clean Coal 
     Power Initiative project selected after enactment of this 
     legislation for negotiation under this or any other Act in 
     any fiscal year, is not awarded within 2 years from the date 
     the application was selected, negotiations shall cease and 
     the Federal funds committed to the application shall be 
     retained by the Department for future coal-related research, 
     development and demonstration projects, except that the time 
     limit may be extended at the Secretary's discretion for 
     matters outside the control of the applicant, or if the 
     Secretary determines that extension of the time limit is in 
     the public interest: Provided further, That the Secretary may 
     not delegate this responsibility for applications greater 
     than $10,000,000: Provided further, That financial assistance 
     for costs in excess of those estimated as of the date of 
     award of original Clean Coal Power Initiative financial 
     assistance may not be provided in excess of the proportion of 
     costs borne by the Government in the original agreement and 
     shall be limited to 25 percent of the original financial 
     assistance: Provided further, That funds shall be expended in 
     accordance with the provisions governing the use of funds 
     contained under the heading ``Clean Coal Technology'' in 42 
     U.S.C. 5903d as well as those contained under the heading 
     ``Clean Coal Technology'' in prior appropriations: Provided 
     further, That any technology selected under these programs 
     shall be considered a Clean Coal Technology, and any project 
     selected under these programs shall be considered a Clean 
     Coal Technology Project, for the purposes of 42 U.S.C. 7651n, 
     and chapters 51, 52, and 60 of title 40 of the Code of 
     Federal Regulations: Provided further, That funds available 
     for the Clean Coal Power Initiative Round III Funding 
     Opportunity Announcement may be used to support any 
     technology that meets the requirements of the Round III 
     Announcement relating to carbon capture and storage or other 
     beneficial uses of CO2, without regard to the 70 
     and 30 percent funding allocations specified in section 
     402(b)(1)(A) and 402(b)(2)(A) of Public Law 109-58: Provided 
     further, That no part of the sum herein made available shall 
     be used for the field testing of nuclear explosives in the 
     recovery of oil and gas: Provided further, That, of the 
     amount appropriated in this paragraph, $43,864,150 shall be 
     used for projects specified in the table that appears under 
     the heading ``Congressionally Directed Fossil Energy 
     Projects'' in the text and table under this heading in the 
     explanatory statement described in section 4 (in the matter 
     preceding division A of this consolidated Act).

                 Naval Petroleum and Oil Shale Reserves

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

                      Strategic Petroleum Reserve

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

                   Northeast Home Heating Oil Reserve

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

                   Energy Information Administration

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

                   Non-Defense Environmental Cleanup

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

      Uranium Enrichment Decontamination and Decommissioning Fund

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

                                Science

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

                         Nuclear Waste Disposal

       For nuclear waste disposal activities to carry out the 
     purposes of the Nuclear Waste Policy Act of 1982, Public Law 
     97-425, as

[[Page 5630]]

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

         Title 17 Innovative Technology Loan Guarantee Program

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

                      Departmental Administration


                     (including transfer of funds)

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

                    Office of the Inspector General

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

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                National Nuclear Security Administration

                           Weapons Activities

       For Department of Energy expenses, including the purchase, 
     construction, and acquisition of plant and capital equipment 
     and other incidental expenses necessary for atomic energy 
     defense weapons activities in carrying out the purposes of 
     the Department of Energy Organization Act (42 U.S.C. 7101 et 
     seq.), including the acquisition or condemnation of any real 
     property or any facility or for plant or facility 
     acquisition, construction, or expansion, the purchase of not 
     to exceed two passenger motor vehicles, and one ambulance; 
     $6,380,000,000, to remain available until expended: Provided, 
     That $19,300,000 is authorized to be appropriated for the 09-
     D-007 LANSCE Refurbishment, PED, Los Alamos National 
     Laboratory, Los Alamos, New Mexico: Provided further, That, 
     of the amount

[[Page 5631]]

     appropriated in this paragraph, $22,836,000 shall be used for 
     projects specified in the table that appears under the 
     heading ``Congressionally Directed Weapons Activities 
     Projects'' in the text and table under this heading in the 
     explanatory statement described in section 4 (in the matter 
     preceding division A of this consolidated Act).

                    Defense Nuclear Nonproliferation

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

                             Naval Reactors

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

                      Office of the Administrator

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

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                     Defense Environmental Cleanup


                     (including transfer of funds)

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

                        Other Defense Activities

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

                     Defense Nuclear Waste Disposal

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

                    POWER MARKETING ADMINISTRATIONS

                  Bonneville Power Administration Fund

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

      Operation and Maintenance, Southeastern Power Administration

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

      Operation and Maintenance, Southwestern Power Administration

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

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

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

           Falcon and Amistad Operating and Maintenance Fund

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

                  Federal Energy Regulatory Commission


                         Salaries and Expenses

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

                GENERAL PROVISIONS--DEPARTMENT OF ENERGY

       Sec. 301. Contract Competition. (a) None of the funds in 
     this or any other appropriations Act for fiscal year 2009 or 
     any previous

[[Page 5632]]

     fiscal year may be used to make payments for a noncompetitive 
     management and operating contract, or a contract for 
     environmental remediation or waste management in excess of 
     $100,000,000 in annual funding at a current or former 
     management and operating contract site or facility, or to 
     award a significant extension or expansion to an existing 
     management and operating contract, or other contract covered 
     by this section, unless such contract is awarded using 
     competitive procedures or the Secretary of Energy grants, on 
     a case-by-case basis, a waiver to allow for such a deviation. 
     The Secretary may not delegate the authority to grant such a 
     waiver.
       (b) Within 30 days of formally notifying an incumbent 
     contractor that the Secretary intends to grant such a waiver, 
     the Secretary shall submit to the Subcommittees on Energy and 
     Water Development of the Committees on Appropriations of the 
     House of Representatives and the Senate a report notifying 
     the Subcommittees of the waiver and setting forth, in 
     specificity, the substantive reasons why the Secretary 
     believes the requirement for competition should be waived for 
     this particular award.
       (c) In this section the term ``competitive procedures'' has 
     the meaning provided in section 4 of the Office of Federal 
     Procurement Policy Act (41 U.S.C. 403) and includes 
     procedures described in section 303 of the Federal Property 
     and Administrative Services Act of 1949 (41 U.S.C. 253) other 
     than a procedure that solicits a proposal from only one 
     source.
       Sec. 302. Unfunded Requests for Proposals. None of the 
     funds appropriated by this Act may be used to prepare or 
     initiate Requests For Proposals (RFPs) for a program if the 
     program has not been funded by Congress.
       Sec. 303. Department of Energy Defense Nuclear Facilities 
     Workforce Restructuring. None of the funds appropriated by 
     this Act may be used--
       (1) to augment the funds made available for obligation by 
     this Act for severance payments and other benefits and 
     community assistance grants under section 4604 of the Atomic 
     Energy Defense Act (50 U.S.C. 2704) unless the Department of 
     Energy submits a reprogramming request to the appropriate 
     congressional committees; or
       (2) to provide enhanced severance payments or other 
     benefits for employees of the Department of Energy under such 
     section; or
       (3) develop or implement a workforce restructuring plan 
     that covers employees of the Department of Energy.
       Sec. 304. Unexpended Balances. The unexpended balances of 
     prior appropriations provided for activities in this Act may 
     be available to the same appropriation accounts for such 
     activities established pursuant to this title. Available 
     balances may be merged with funds in the applicable 
     established accounts and thereafter may be accounted for as 
     one fund for the same time period as originally enacted.
       Sec. 305. Bonneville Power Authority Service Territory. 
     None of the funds in this or any other Act for the 
     Administrator of the Bonneville Power Administration may be 
     used to enter into any agreement to perform energy efficiency 
     services outside the legally defined Bonneville service 
     territory, with the exception of services provided 
     internationally, including services provided on a 
     reimbursable basis, unless the Administrator certifies in 
     advance that such services are not available from private 
     sector businesses.
       Sec. 306. User Facilities. When the Department of Energy 
     makes a user facility available to universities or other 
     potential users, or seeks input from universities or other 
     potential users regarding significant characteristics or 
     equipment in a user facility or a proposed user facility, the 
     Department shall ensure broad public notice of such 
     availability or such need for input to universities and other 
     potential users. When the Department of Energy considers the 
     participation of a university or other potential user as a 
     formal partner in the establishment or operation of a user 
     facility, the Department shall employ full and open 
     competition in selecting such a partner. For purposes of this 
     section, the term ``user facility'' includes, but is not 
     limited to: (1) a user facility as described in section 
     2203(a)(2) of the Energy Policy Act of 1992 (42 U.S.C. 
     13503(a)(2)); (2) a National Nuclear Security Administration 
     Defense Programs Technology Deployment Center/User Facility; 
     and (3) any other Departmental facility designated by the 
     Department as a user facility.
       Sec. 307. Intelligence Activities. Funds appropriated by 
     this or any other Act, or made available by the transfer of 
     funds in this Act, for intelligence activities are deemed to 
     be specifically authorized by the Congress for purposes of 
     section 504 of the National Security Act of 1947 (50 U.S.C. 
     414) during fiscal year 2009 until the enactment of the 
     Intelligence Authorization Act for fiscal year 2009.
       Sec. 308. Laboratory Directed Research and Development. Of 
     the funds made available by the Department of Energy for 
     activities at government-owned, contractor-operated 
     laboratories funded in this Act or subsequent Energy and 
     Water Development Appropriations Acts, the Secretary may 
     authorize a specific amount, not to exceed 8 percent of such 
     funds, to be used by such laboratories for laboratory 
     directed research and development: Provided, That the 
     Secretary may also authorize a specific amount not to exceed 
     4 percent of such funds, to be used by the plant manager of a 
     covered nuclear weapons production plant or the manager of 
     the Nevada Site Office for plant or site directed research 
     and development: Provided further, That notwithstanding 
     Department of Energy order 413.2A, dated January 8, 2001, 
     beginning in fiscal year 2006 and thereafter, all DOE 
     laboratories may be eligible for laboratory directed research 
     and development funding.
       Sec. 309. Reliable Replacement Warhead.  None of the funds 
     provided in this Act shall be available for the Reliable 
     Replacement Warhead (RRW).
       Sec. 310. General Plant Projects. Plant or construction 
     projects for which amounts are made available under this and 
     subsequent appropriation Acts with a current estimated cost 
     of less than $10,000,000 are considered for purposes of 
     section 4703 of Public Law 107-314 as a plant project for 
     which the approved total estimated cost does not exceed the 
     minor construction threshold and for purposes of section 4704 
     of Public Law 107-314 as a construction project with a 
     current estimated cost of less than a minor construction 
     threshold.
       Sec. 311. Energy Production.  The Secretary of Energy shall 
     provide funding to the National Academy of Sciences to 
     conduct an inventory of the energy development potential on 
     all lands currently managed by the Department of Energy 
     together with a report, to be submitted not later than July 
     1, 2009, which includes (1) a detailed analysis of all such 
     resources including oil, gas, coal, solar, wind, geothermal 
     and other renewable resources on such lands, (2) a 
     delineation of the resources presently available for 
     development as well as those potentially available in the 
     future, and (3) an analysis of the environmental impacts 
     associated with any future development including actions 
     necessary to mitigate negative impacts.
       Sec. 312. Reno Hydrogen Fuel Project. (a) The non-Federal 
     share of project costs shall be 20 percent.
       (b) The cost of project vehicles, related facilities, and 
     other activities funded from the Federal Transit 
     Administration sections 5307, 5308, 5309, and 5314 program, 
     including the non-Federal share for the FTA funds, is an 
     eligible component of the non-Federal share for this project.
       (c) Contribution of the non-Federal share of project costs 
     for all grants made for this project may be deferred until 
     the entire project is completed.
       (d) All operations and maintenance costs associated with 
     vehicles, equipment, and facilities utilized for this project 
     are eligible project costs.
       (e) This section applies to project appropriations 
     beginning in fiscal year 2004.
       Sec. 313. Integrated University Program. (a) The Secretary 
     of Energy, along with the Administrator of the National 
     Nuclear Security Administration and the Chairman of the 
     Nuclear Regulatory Commission, shall establish an Integrated 
     University Program.
       (b) For the purposes of carrying out this section, 
     $45,000,000 is authorized to be appropriated in each of 
     fiscal years 2009 to 2019 as follows:
       (1) $15,000,000 for the Department of Energy;
       (2) $15,000,000 for the Nuclear Regulatory Commission; and
       (3) $15,000,000 for the National Nuclear Security 
     Administration.
       (c) Of the amounts authorized to carry out this section, 
     $10,000,000 shall be used by each organization to support 
     university research and development in areas relevant to 
     their respective organization's mission, and $5,000,000 shall 
     be used by each organization to support a jointly implemented 
     Nuclear Science and Engineering Grant Program that will 
     support multiyear research projects that do not align with 
     programmatic missions but are critical to maintaining the 
     discipline of nuclear science and engineering.

                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

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

                Defense Nuclear Facilities Safety Board


                         Salaries and Expenses

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

[[Page 5633]]



                        Delta Regional Authority


                         Salaries and Expenses

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

                           Denali Commission

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

                     Nuclear Regulatory Commission


                         Salaries and Expenses

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


                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, $10,860,000, to remain available until expended: 
     Provided, That revenues from licensing fees, inspection 
     services, and other services and collections estimated at 
     $9,774,000 in fiscal year 2009 shall be retained and be 
     available until expended, for necessary salaries and expenses 
     in this account, notwithstanding 31 U.S.C. 3302: Provided 
     further, That the sum herein appropriated shall be reduced by 
     the amount of revenues received during fiscal year 2009 so as 
     to result in a final fiscal year 2009 appropriation estimated 
     at not more than $1,086,000.

                  Nuclear Waste Technical Review Board


                         Salaries and Expenses

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

Office of the Federal Coordinator for Alaska Natural Gas Transportation 
                                Projects

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

                                TITLE V

                           GENERAL PROVISIONS

       Sec. 501. None of the funds appropriated by this Act may be 
     used in any way, directly or indirectly, to influence 
     congressional action on any legislation or appropriation 
     matters pending before Congress, other than to communicate to 
     Members of Congress as described in 18 U.S.C. 1913.
       Sec. 502. None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in this Act 
     or any other appropriation Act.
       This division may be cited as the ``Energy and Water 
     Development and Related Agencies Appropriations Act, 2009''.

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

                                TITLE I

                       DEPARTMENT OF THE TREASURY

                          Departmental Offices


                         salaries and expenses

                     (including transfer of funds)

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

        department-wide systems and capital investments programs


                     (including transfer of funds)

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


                      Office of Inspector General

                         Salaries and Expenses

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


           treasury inspector general for tax administration

                         salaries and expenses

       For necessary expenses of the Treasury Inspector General 
     for Tax Administration in

[[Page 5634]]

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

                  Financial Crimes Enforcement Network

                         salaries and expenses

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

                        Treasury Forfeiture Fund


                              (RESCISSION)

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

                      Financial Management Service

                         salaries and expenses

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

                Alcohol and Tobacco Tax and Trade Bureau


                         Salaries and Expenses

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

                           United States Mint

               united states mint public enterprise fund

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

                       Bureau of the Public Debt

                     administering the public debt

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

   Community Development Financial Institutions Fund Program Account

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

                        Internal Revenue Service


                           taxpayer services

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


                              enforcement

                     (including transfer of funds)

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


                           operations support

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


                     business systems modernization

       For necessary expenses of the Internal Revenue Service's 
     business systems modernization program, $229,914,000, to 
     remain available until September 30, 2011, for the capital 
     asset acquisition of information technology systems, 
     including management and related contractual costs of said 
     acquisitions, including related Internal Revenue Service 
     labor costs, and contractual costs associated with operations 
     authorized by 5 U.S.C. 3109: Provided, That, with the 
     exception of labor costs, none of these funds may be 
     obligated until the Internal Revenue Service submits to the 
     Committees on Appropriations, and such Committees approve, a 
     plan for expenditure that: (1) meets the capital planning and 
     investment control review requirements established by the 
     Office of Management and Budget, including Circular A-11; (2) 
     complies with the Internal Revenue Service's enterprise 
     architecture, including the modernization blueprint; (3) 
     conforms with the Internal Revenue Service's enterprise life 
     cycle methodology; (4) is approved by the Internal Revenue 
     Service, the Department of the Treasury, and the Office of 
     Management and Budget; (5) has been reviewed by the 
     Government Accountability Office; and (6) complies with the 
     acquisition rules, requirements, guidelines, and systems

[[Page 5635]]

     acquisition management practices of the Federal Government.

               health insurance tax credit administration

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


          administrative provisions--internal revenue service

                     (including transfer of funds)

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

         Administrative Provisions--Department of the Treasury


                     (including transfers of funds)

       Sec. 107.  Appropriations to the Department of the Treasury 
     in this Act shall be available for uniforms or allowances 
     therefor, as authorized by law (5 U.S.C. 5901), including 
     maintenance, repairs, and cleaning; purchase of insurance for 
     official motor vehicles operated in foreign countries; 
     purchase of motor vehicles without regard to the general 
     purchase price limitations for vehicles purchased and used 
     overseas for the current fiscal year; entering into contracts 
     with the Department of State for the furnishing of health and 
     medical services to employees and their dependents serving in 
     foreign countries; and services authorized by 5 U.S.C. 3109.
       Sec. 108.  Not to exceed 2 percent of any appropriations in 
     this Act made available to the Departmental Offices--Salaries 
     and Expenses, Office of Inspector General, Financial 
     Management Service, Alcohol and Tobacco Tax and Trade Bureau, 
     Financial Crimes Enforcement Network, and Bureau of the 
     Public Debt, may be transferred between such appropriations 
     upon the advance approval of the Committees on 
     Appropriations: Provided, That no transfer may increase or 
     decrease any such appropriation by more than 2 percent.
       Sec. 109.  Not to exceed 2 percent of any appropriation 
     made available in this Act to the Internal Revenue Service 
     may be transferred to the Treasury Inspector General for Tax 
     Administration's appropriation upon the advance approval of 
     the Committees on Appropriations: Provided, That no transfer 
     may increase or decrease any such appropriation by more than 
     2 percent.
       Sec. 110.  Of the funds available for the purchase of law 
     enforcement vehicles, no funds may be obligated until the 
     Secretary of the Treasury certifies that the purchase by the 
     respective Treasury bureau is consistent with departmental 
     vehicle management principles: Provided, That the Secretary 
     may delegate this authority to the Assistant Secretary for 
     Management.
       Sec. 111.  None of the funds appropriated in this Act or 
     otherwise available to the Department of the Treasury or the 
     Bureau of Engraving and Printing may be used to redesign the 
     $1 Federal Reserve note.
       Sec. 112.  The Secretary of the Treasury may transfer funds 
     from Financial Management Service, Salaries and Expenses to 
     the Debt Collection Fund as necessary to cover the costs of 
     debt collection: Provided, That such amounts shall be 
     reimbursed to such salaries and expenses account from debt 
     collections received in the Debt Collection Fund.
       Sec. 113.  Section 122(g)(1) of Public Law 105-119 (5 
     U.S.C. 3104 note), is further amended by striking ``10 
     years'' and inserting ``11 years''.
       Sec. 114.  None of the funds appropriated or otherwise made 
     available by this or any other Act may be used by the United 
     States Mint to construct or operate any museum without the 
     explicit approval of the Committees on Appropriations of the 
     House of Representatives and the Senate, the House Committee 
     on Financial Services, and the Senate Committee on Banking, 
     Housing, and Urban Affairs.
       Sec. 115.  None of the funds appropriated or otherwise made 
     available by this or any other Act or source to the 
     Department of the Treasury, the Bureau of Engraving and 
     Printing, and the United States Mint, individually or 
     collectively, may be used to consolidate any or all functions 
     of the Bureau of Engraving and Printing and the United States 
     Mint without the explicit approval of the House Committee on 
     Financial Services; the Senate Committee on Banking, Housing, 
     and Urban Affairs; the House Committee on Appropriations; and 
     the Senate Committee on Appropriations.
       Sec. 116.  Funds appropriated by this Act, or made 
     available by the transfer of funds in this Act, for the 
     Department of the Treasury's intelligence or intelligence 
     related activities are deemed to be specifically authorized 
     by the Congress for purposes of section 504 of the National 
     Security Act of 1947 (50 U.S.C. 414) during fiscal year 2009 
     until the enactment of the Intelligence Authorization Act for 
     Fiscal Year 2009.
       Sec. 117. Not to exceed $5,000 shall be made available from 
     the Bureau of Engraving and Printing's Industrial Revolving 
     Fund for necessary official reception and representation 
     expenses.
        This title may be cited as the ``Department of the 
     Treasury Appropriations Act, 2009''.

                                TITLE II

    EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE 
                               PRESIDENT

                     Compensation of the President

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

                           White House Office


                         salaries and expenses

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

                 Executive Residence at the White House


                           operating expenses

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


                         reimbursable expenses

       For the reimbursable expenses of the Executive Residence at 
     the White House, such sums as may be necessary: Provided, 
     That all reimbursable operating expenses of the Executive 
     Residence shall be made in accordance with the provisions of 
     this paragraph: Provided further, That, notwithstanding any 
     other provision of law, such amount for reimbursable 
     operating expenses shall be the exclusive authority of the 
     Executive Residence to incur obligations and to receive 
     offsetting collections, for such expenses: Provided further, 
     That the Executive Residence shall require each person 
     sponsoring a reimbursable political event to pay in advance 
     an amount equal to the estimated cost of the event, and all 
     such advance payments shall be credited to this account and 
     remain available until expended: Provided further, That the 
     Executive Residence shall require the national committee of 
     the political party of the President to maintain on deposit 
     $25,000, to be separately accounted for and available for 
     expenses relating to reimbursable political events sponsored 
     by such committee during such fiscal year: Provided further, 
     That the Executive Residence shall ensure that a written 
     notice of any amount owed for a reimbursable operating 
     expense under this paragraph is submitted to the person owing 
     such amount within 60 days after such expense is incurred, 
     and that such amount is collected within 30 days after the 
     submission of such notice: Provided further, That the 
     Executive Residence shall charge interest and assess 
     penalties and other charges on any such amount that is not 
     reimbursed within such 30 days, in accordance with the 
     interest and penalty provisions applicable to an outstanding 
     debt on a United States Government claim under section 3717 
     of title 31,

[[Page 5636]]

     United States Code: Provided further, That each such amount 
     that is reimbursed, and any accompanying interest and 
     charges, shall be deposited in the Treasury as miscellaneous 
     receipts: Provided further, That the Executive Residence 
     shall prepare and submit to the Committees on Appropriations, 
     by not later than 90 days after the end of the fiscal year 
     covered by this Act, a report setting forth the reimbursable 
     operating expenses of the Executive Residence during the 
     preceding fiscal year, including the total amount of such 
     expenses, the amount of such total that consists of 
     reimbursable official and ceremonial events, the amount of 
     such total that consists of reimbursable political events, 
     and the portion of each such amount that has been reimbursed 
     as of the date of the report: Provided further, That the 
     Executive Residence shall maintain a system for the tracking 
     of expenses related to reimbursable events within the 
     Executive Residence that includes a standard for the 
     classification of any such expense as political or 
     nonpolitical: Provided further, That no provision of this 
     paragraph may be construed to exempt the Executive Residence 
     from any other applicable requirement of subchapter I or II 
     of chapter 37 of title 31, United States Code.

                   White House Repair and Restoration

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

                      Council of Economic Advisers


                         salaries and expenses

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

                      Office of Policy Development


                         salaries and expenses

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

                       National Security Council


                         salaries and expenses

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

                        Office of Administration


                         salaries and expenses

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

                    Office of Management and Budget


                         salaries and expenses

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

                 Office of National Drug Control Policy

                         salaries and expenses

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


                Counterdrug Technology Assessment Center

                     (including transfer of funds)

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


                     federal drug control programs

             High Intensity Drug Trafficking Areas Program

                     (including transfers of funds)

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


                  Other Federal Drug Control Programs

                     (including transfer of funds)

       For activities to support a national anti-drug campaign for 
     youth, and for other purposes, authorized by the Office of 
     National Drug Control Policy Reauthorization Act of 2006 
     (Public Law 109-469), $174,700,000, to remain available until 
     expended, of which the amounts are available as follows: 
     $70,000,000 to support a national media campaign, of which at 
     least $8,000,000 shall be designated for methamphetamine 
     prevention messages: Provided, That the Office of National 
     Drug Control Policy shall maintain funding for non-
     advertising services for the media campaign at no less than 
     the fiscal year 2003

[[Page 5637]]

     ratio of service funding to total funds and shall continue 
     the corporate outreach program; $90,000,000 to continue a 
     program of matching grants to drug-free communities, of which 
     $2,000,000 shall be made available as directed by section 4 
     of Public Law 107-82, as amended by Public Law 109-469 (21 
     U.S.C. 1521 note): Provided further, That any grantee seeking 
     a renewal grant (year 2 through 5, or year 7 through 10) that 
     is determined to be ineligible or not entitled to 
     continuation funding for any reason, shall be afforded a 
     fair, timely, and independent appeal prior to the beginning 
     of the subsequent funding year before being denied a renewal 
     grant; $1,250,000 for the National Drug Court Institute; 
     $9,800,000 for the United States Anti-Doping Agency for anti-
     doping activities; $1,900,000 for the United States 
     membership dues to the World Anti-Doping Agency; $1,250,000 
     for the National Alliance for Model State Drug Laws; and 
     $500,000 for evaluations and research related to National 
     Drug Control Program performance measures: Provided further, 
     That such funds may be transferred to other Federal 
     departments and agencies to carry out such activities: 
     Provided further, That of the amounts appropriated for a 
     national media campaign, not to exceed 10 percent shall be 
     for administration, advertising production, research and 
     testing, labor, and related costs of the national media 
     campaign.

                          Unanticipated Needs

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

             Presidential Transition Administrative Support


                     (including transfer of funds)

       For expenses of the Office of Administration to carry out 
     the Presidential Transition Act of 1963 and similar expenses, 
     in addition to amounts otherwise appropriated by law, 
     $8,000,000; Provided, That such funds may be transferred to 
     other accounts that provide funding for offices within the 
     Executive Office of the President and the Office of the Vice 
     President in this Act or any other Act, to carry out such 
     purposes.

                  Special Assistance to the President


                         salaries and expenses

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

                Official Residence of the Vice President


                           operating expenses

                     (including transfer of funds)

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

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


                     (including transfer of funds)

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

                               TITLE III

                             THE JUDICIARY

                   Supreme Court of the United States


                         salaries and expenses

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


                    care of the building and grounds

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

         United States Court of Appeals for the Federal Circuit


                         salaries and expenses

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

               United States Court of International Trade


                         Salaries and Expenses

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

    Courts of Appeals, District Courts, and Other Judicial Services


                         Salaries and Expenses

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


                           defender services

       For the operation of Federal Defender organizations; the 
     compensation and reimbursement of expenses of attorneys 
     appointed to represent persons under section 3006A of title 
     18, United States Code, and also under section 3599 of title 
     18, United States Code, in cases in which a defendant is 
     charged with a crime that may be punishable by death; the 
     compensation and reimbursement of expenses of persons 
     furnishing investigative, expert, and other services under 
     section 3006A(e) of title 18, United States Code, and also 
     under section 3599(f) and (g)(2) of title 18, United States 
     Code, in cases in which a defendant is charged with a crime 
     that may be punishable by death; the compensation (in 
     accordance with the maximums under section 3006A of title 18, 
     United States Code) and reimbursement of expenses of 
     attorneys appointed to assist the court in criminal cases 
     where the defendant has waived representation by counsel; the 
     compensation and reimbursement of travel expenses of 
     guardians ad litem acting on behalf

[[Page 5638]]

     of financially eligible minor or incompetent offenders in 
     connection with transfers from the United States to foreign 
     countries with which the United States has a treaty for the 
     execution of penal sentences; the compensation and 
     reimbursement of expenses of attorneys appointed to represent 
     jurors in civil actions for the protection of their 
     employment, as authorized by 28 U.S.C. 1875(d); the 
     compensation and reimbursement of expenses of attorneys 
     appointed under 18 U.S.C. 983(b)(1) in connection with 
     certain judicial civil forfeiture proceedings; and for 
     necessary training and general administrative expenses, 
     $849,400,000, to remain available until expended.


                    fees of jurors and commissioners

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


                             court security

                     (including transfers of funds)

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

           Administrative Office of the United States Courts


                         salaries and expenses

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

                        Federal Judicial Center


                         salaries and expenses

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

                       Judicial Retirement Funds


                    payment to judiciary trust funds

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

                  United States Sentencing Commission


                         salaries and expenses

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

                Administrative Provisions--The Judiciary


                     (including transfer of funds)

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

                                TITLE IV

                          DISTRICT OF COLUMBIA

                             Federal Funds


              federal payment for resident tuition support

       For a Federal payment to the District of Columbia, to be 
     deposited into a dedicated account, for a nationwide program 
     to be administered by the Mayor, for District of Columbia 
     resident tuition support, $35,100,000,

[[Page 5639]]

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


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

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


           federal payment to the district of columbia courts

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


            defender services in district of columbia courts

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


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

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


  federal payment to the district of columbia public defender service

       For salaries and expenses, including the transfer and hire 
     of motor vehicles, of the District of Columbia Public 
     Defender Service, as authorized by the National Capital 
     Revitalization and Self-Government Improvement Act of 1997, 
     $35,659,000, of which $700,000 is to remain available until 
     September 30, 2010: Provided, That notwithstanding any other 
     provision of law, all amounts under this heading shall be 
     apportioned quarterly by the Office of Management and Budget 
     and obligated and expended in the same manner as funds 
     appropriated for salaries and expenses of Federal agencies. 
     Provided further, That for fiscal year 2009 and thereafter, 
     the Public Defender Service is

[[Page 5640]]

     authorized to charge fees to cover costs of materials 
     distributed and training provided to attendees of educational 
     events, including conferences, sponsored by the Public 
     Defender Service, and notwithstanding 31 U.S.C. 3302, such 
     fees shall be credited to this account, to be available until 
     expended without further appropriation.


 Federal Payment to the District of Columbia Water and Sewer Authority

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


      federal payment to the criminal justice coordinating council

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


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

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


                 Federal Payment for School Improvement

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

           federal payment to jump start public school reform

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


          federal payment for consolidated laboratory facility

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


        federal payment for central library and branch locations

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


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

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

                       District of Columbia Funds

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

                                TITLE V

                          INDEPENDENT AGENCIES

             Administrative Conference of the United States


                         SALARIES AND EXPENSES

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

               Christopher Columbus Fellowship Foundation


                         SALARIES AND EXPENSES

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

                  Commodity Futures Trading Commission


                         salaries and expenses

       For necessary expenses to carry out the provisions of the 
     Commodity Exchange Act (7 U.S.C. 1 et seq.), including the 
     purchase and hire of passenger motor vehicles, and the rental 
     of space (to include multiple year leases) in the District of 
     Columbia and elsewhere, $146,000,000, including not to exceed 
     $3,000 for official reception and representation expenses: 
     Provided, That $34,734,000 of

[[Page 5641]]

     the total amount appropriated under this heading shall not be 
     available for obligation until the Commodity Futures Trading 
     Commission submits an expenditure plan for fiscal year 2009 
     to the Committees on Appropriations of the House of 
     Representatives and the Senate.

                   Consumer Product Safety Commission


                         salaries and expenses

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

                     Election Assistance Commission


                         salaries and expenses

                     (including transfer of funds)

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


                        election reform programs

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

                   Federal Communications Commission


                         salaries and expenses

                     (including transfer of funds)

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


      Administrative Provisions--Federal Communications Commission

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

                 Federal Deposit Insurance Corporation


                      Office of Inspector General

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, $27,495,000, to be derived from the Deposit 
     Insurance Fund or, only when appropriate, the FSLIC 
     Resolution Fund.

                      Federal Election Commission


                         salaries and expenses

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

                   Federal Labor Relations Authority

                         salaries and expenses

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

                        Federal Trade Commission

                         salaries and expenses

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

                    General Services Administration

                        real property activities

                         federal buildings fund

                 limitations on availability of revenue

       For an additional amount to be deposited in the Federal 
     Buildings Fund, $651,198,000. To carry out the purposes of 
     the Fund established pursuant to section 592 of title 40, 
     United States Code, the revenues and collections deposited 
     into the Fund shall be available for necessary expenses of 
     real property management and related activities not otherwise 
     provided for, including operation, maintenance, and 
     protection of federally owned and leased buildings; rental of 
     buildings in the District of Columbia; restoration of leased 
     premises; moving governmental agencies (including space 
     adjustments and telecommunications relocation expenses) in 
     connection with the assignment, allocation and transfer of 
     space; contractual services incident to cleaning or servicing 
     buildings, and moving; repair and alteration of federally 
     owned buildings including grounds, approaches and 
     appurtenances; care and safeguarding of sites; maintenance, 
     preservation, demolition, and equipment; acquisition of 
     buildings and sites by purchase, condemnation, or as 
     otherwise authorized by law; acquisition of options to 
     purchase buildings

[[Page 5642]]

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


                           GENERAL ACTIVITIES

                         Government-wide Policy

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

                           operating expenses

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


                      Office of Inspector General

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

           allowances and office staff for former presidents


                     (including transfer of funds)

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

                    presidential transition expenses

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

                     federal citizen services fund

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

       administrative provisions--general services administration

                     (including transfers of funds)

       Sec. 510.  Funds available to the General Services 
     Administration shall be available for the hire of passenger 
     motor vehicles.

[[Page 5643]]

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

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

                 Harry S Truman Scholarship Foundation


                         SALARIES AND EXPENSES

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

                     Merit Systems Protection Board

                         salaries and expenses

                     (including transfer of funds)

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

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

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

                     (including transfer of funds)

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

                 environmental dispute resolution fund

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

              National Archives and Records Administration

                           operating expenses

       For necessary expenses in connection with the 
     administration of the National Archives

[[Page 5644]]

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

                      electronic records archives

       For necessary expenses in connection with the development 
     of the electronic records archives, to include all direct 
     project costs associated with research, analysis, design, 
     development, and program management, $67,008,000, of which 
     $45,795,000 shall remain available until September 30, 2011: 
     Provided, That none of the multi-year funds may be obligated 
     until the National Archives and Records Administration 
     submits to the Committees on Appropriations, and such 
     Committees approve, a plan for expenditure that: (1) meets 
     the capital planning and investment control review 
     requirements established by the Office of Management and 
     Budget, including Circular A-11; (2) complies with the 
     National Archives and Records Administration's enterprise 
     architecture; (3) conforms with the National Archives and 
     Records Administration's enterprise life cycle methodology; 
     (4) is approved by the National Archives and Records 
     Administration and the Office of Management and Budget; (5) 
     has been reviewed by the Government Accountability Office; 
     and (6) complies with the acquisition rules, requirements, 
     guidelines, and systems acquisition management practices of 
     the Federal Government.


                        Repairs and Restoration

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


        national historical publications and records commission

                             grants program

                     (including transfer of funds)

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


 Administrative Provision--National Archives and Records Administration

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

                  National Credit Union Administration


                       Central Liquidity Facility

       During fiscal year 2009, gross obligations of the Central 
     Liquidity Facility for the principal amount of new direct 
     loans to member credit unions, as authorized by 12 U.S.C. 
     1795 et seq., shall be the amount authorized by section 
     307(a)(4)(A) of the Federal Credit Union Act (12 U.S.C. 
     1795f(a)(4)(A)): Provided, That administrative expenses of 
     the Central Liquidity Facility in fiscal year 2009 shall not 
     exceed $1,250,000.


               community development revolving loan fund

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

                      Office of Government Ethics


                         salaries and expenses

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

                     Office of Personnel Management


                         Salaries and Expenses

                  (including transfer of trust funds)

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


                      Office of Inspector General

                         salaries and expenses

                  (including transfer of trust funds)

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


      Government Payment for Annuitants, Employees Health Benefits

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

[[Page 5645]]




       Government Payment for Annuitants, Employee Life Insurance

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


        Payment to Civil Service Retirement and Disability Fund

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

                       Office of Special Counsel


                         salaries and expenses

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

                      Postal Regulatory Commission


                         salaries and expenses

                     (including transfer of funds)

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

              Privacy and Civil Liberties Oversight Board


                         salaries and expenses

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

                   Securities and Exchange Commission


                         Salaries and Expenses

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

                        Selective Service System


                         salaries and expenses

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

                     Small Business Administration


                         salaries and expenses

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


                      Office of Inspector General

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, $16,750,000.


                 surety bond guarantees revolving fund

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


                     Business Loans Program Account

                     (including transfers of funds)

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


        administrative provisions--small business administration

                     (including transfer of funds)

       Sec. 520.  Not to exceed 5 percent of any appropriation 
     made available for the current fiscal year for the Small 
     Business Administration in this Act may be transferred 
     between such appropriations, but no such appropriation shall 
     be increased by more than 10 percent by any such transfers: 
     Provided, That any transfer pursuant to this paragraph shall 
     be treated as a reprogramming of funds under section 608 of 
     this Act and shall not be available for obligation or 
     expenditure except in compliance with the procedures set 
     forth in that section.
       Sec. 521. All disaster loans issued in Alaska or North 
     Dakota shall be administered by the Small Business 
     Administration and shall not be sold during fiscal year 2009.
       Sec. 522. None of the funds made available under this Act 
     may be used by the Small Business Administration to implement 
     the rule relating to women-owned small business Federal 
     contract assistance procedures published in the Federal 
     Register on October 1, 2008 (73 Fed. Reg. 56940 et seq.).
       Sec. 523. Of the amount made available under the heading 
     ``State and Tribal Assistance Grants'' under title II of 
     division F of the Consolidated Appropriations Act, 2008 
     (Public Law 110-161; 121 Stat. 2125) for the Mingo County 
     Redevelopment Authority, $2,953,000 is transferred to the 
     ``Salaries and Expenses'' account of the Small Business 
     Administration. The amount transferred under this section 
     shall be for the Mingo County Redevelopment Authority and 
     shall be available for use under the terms and conditions

[[Page 5646]]

     otherwise applicable to amounts appropriated for the 
     ``Salaries and Expenses'' account of the Small Business 
     Administration and shall remain available until expended.
       Sec. 524. Funds made available under section 534 of Public 
     Law 110-161 (121 Stat. 2125) for the Alabama Small Business 
     Institute of Commerce, Small Business Incubator, Rainbow 
     City, Alabama shall be made available to Alabama Small 
     Business Institute of Commerce, Rainbow City, Alabama.
       Sec. 525.  For an additional amount under the heading 
     ``Small Business Administration, Salaries and Expenses'', 
     $65,653,678, to remain available until September 30, 2010, 
     shall be for initiatives related to small business 
     development and entrepreneurship, including programmatic and 
     construction activities, and in the amounts specified in the 
     table that appears under the heading ``Administrative 
     Provisions-Small Business Administration'' in the explanatory 
     statement described in section 4 (in the matter preceding 
     division A of this consolidated Act).

                      United States Postal Service


                   payment to the postal service fund

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


                      OFFICE OF INSPECTOR GENERAL

                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

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

                        United States Tax Court


                         salaries and expenses

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

                                TITLE VI

                      GENERAL PROVISIONS--THIS ACT

       Sec. 601.  None of the funds in this Act shall be used for 
     the planning or execution of any program to pay the expenses 
     of, or otherwise compensate, non-Federal parties intervening 
     in regulatory or adjudicatory proceedings funded in this Act.
       Sec. 602.  None of the funds appropriated in this Act shall 
     remain available for obligation beyond the current fiscal 
     year, nor may any be transferred to other appropriations, 
     unless expressly so provided herein.
       Sec. 603.  The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract 
     pursuant to section 3109 of title 5, United States Code, 
     shall be limited to those contracts where such expenditures 
     are a matter of public record and available for public 
     inspection, except where otherwise provided under existing 
     law, or under existing Executive order issued pursuant to 
     existing law.
       Sec. 604.  None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in, this Act 
     or any other appropriations Act.
       Sec. 605.  None of the funds made available by this Act 
     shall be available for any activity or for paying the salary 
     of any Government employee where funding an activity or 
     paying a salary to a Government employee would result in a 
     decision, determination, rule, regulation, or policy that 
     would prohibit the enforcement of section 307 of the Tariff 
     Act of 1930 (19 U.S.C. 1307).
       Sec. 606.  No funds appropriated pursuant to this Act may 
     be expended by an entity unless the entity agrees that in 
     expending the assistance the entity will comply with the Buy 
     American Act (41 U.S.C. 10a-10c).
       Sec. 607.  No funds appropriated or otherwise made 
     available under this Act shall be made available to any 
     person or entity that has been convicted of violating the Buy 
     American Act (41 U.S.C. 10a-10c).
       Sec. 608.  Except as otherwise provided in this Act, none 
     of the funds provided in this Act, provided by previous 
     appropriations Acts to the agencies or entities funded in 
     this Act that remain available for obligation or expenditure 
     in fiscal year 2009, or provided from any accounts in the 
     Treasury derived by the collection of fees and available to 
     the agencies funded by this Act, shall be available for 
     obligation or expenditure through a reprogramming of funds 
     that: (1) creates a new program; (2) eliminates a program, 
     project, or activity; (3) increases funds or personnel for 
     any program, project, or activity for which funds have been 
     denied or restricted by the Congress; (4) proposes to use 
     funds directed for a specific activity by either the House or 
     Senate Committees on Appropriations for a different purpose; 
     (5) augments existing programs, projects, or activities in 
     excess of $5,000,000 or 10 percent, whichever is less; (6) 
     reduces existing programs, projects, or activities by 
     $5,000,000 or 10 percent, whichever is less; or (7) creates 
     or reorganizes offices, programs, or activities unless prior 
     approval is received from the Committees on Appropriations of 
     the House of Representatives and the Senate: Provided, That 
     prior to any significant reorganization or restructuring of 
     offices, programs, or activities, each agency or entity 
     funded in this Act shall consult with the Committees on 
     Appropriations of the House of Representatives and the 
     Senate: Provided further, That not later than 60 days after 
     the date of enactment of this Act, each agency funded by this 
     Act shall submit a report to the Committees on Appropriations 
     of the House of Representatives and the Senate to establish 
     the baseline for application of reprogramming and transfer 
     authorities for the current fiscal year: Provided further, 
     That the report shall include: (1) a table for each 
     appropriation with a separate column to display the 
     President's budget request, adjustments made by Congress, 
     adjustments due to enacted rescissions, if appropriate, and 
     the fiscal year enacted level; (2) a delineation in the table 
     for each appropriation both by object class and program, 
     project, and activity as detailed in the budget appendix for 
     the respective appropriation; and (3) an identification of 
     items of special congressional interest: Provided further, 
     That the amount appropriated or limited for salaries and 
     expenses for an agency shall be reduced by $100,000 per day 
     for each day after the required date that the report has not 
     been submitted to the Congress.
       Sec. 609.  Except as otherwise specifically provided by 
     law, not to exceed 50 percent of unobligated balances 
     remaining available at the end of fiscal year 2009 from 
     appropriations made available for salaries and expenses for 
     fiscal year 2009 in this Act, shall remain available through 
     September 30, 2010, for each such account for the purposes 
     authorized: Provided, That a request shall be submitted to 
     the Committees on Appropriations of the House of 
     Representatives and the Senate for approval prior to the 
     expenditure of such funds: Provided further, That these 
     requests shall be made in compliance with reprogramming 
     guidelines.
       Sec. 610.  None of the funds made available in this Act may 
     be used by the Executive Office of the President to request 
     from the Federal Bureau of Investigation any official 
     background investigation report on any individual, except 
     when--
       (1) such individual has given his or her express written 
     consent for such request not more than 6 months prior to the 
     date of such request and during the same presidential 
     administration; or
       (2) such request is required due to extraordinary 
     circumstances involving national security.
       Sec. 611.  The cost accounting standards promulgated under 
     section 26 of the Office of Federal Procurement Policy Act 
     (Public Law 93-400; 41 U.S.C. 422) shall not apply with 
     respect to a contract under the Federal Employees Health 
     Benefits Program established under chapter 89 of title 5, 
     United States Code.
       Sec. 612.  For the purpose of resolving litigation and 
     implementing any settlement agreements regarding the 
     nonforeign area cost-of-living allowance program, the Office 
     of Personnel Management may accept and utilize (without 
     regard to any restriction on unanticipated travel expenses 
     imposed in an Appropriations Act) funds made available to the 
     Office of Personnel Management pursuant to court approval.
       Sec. 613.  No funds appropriated by this Act shall be 
     available to pay for an abortion, or the administrative 
     expenses in connection with any health plan under the Federal 
     employees health benefits program which provides any benefits 
     or coverage for abortions.
       Sec. 614.  The provision of section 613 shall not apply 
     where the life of the mother would be endangered if the fetus 
     were carried to term, or the pregnancy is the result of an 
     act of rape or incest.
       Sec. 615.  In order to promote Government access to 
     commercial information technology, the restriction on 
     purchasing nondomestic articles, materials, and supplies set 
     forth in the Buy American Act (41 U.S.C. 10a et seq.), shall 
     not apply to the acquisition by the Federal Government of 
     information technology (as defined in section 11101 of title 
     40, United States Code), that is a commercial item (as 
     defined in section 4(12) of the Office of Federal Procurement 
     Policy Act (41 U.S.C. 403(12)).
       Sec. 616. Section 5112 of title 31, United States Code (as 
     amended by Public Law 110-161), is amended--

[[Page 5647]]

       (1) by redesignating the second subsection (r) as 
     subsection (s), and
       (2) by striking ``paragraph (4)'' each place it appears in 
     subsection (s)(5) (as redesignated by paragraph (1)) and 
     inserting ``paragraph (3)''.
       Sec. 617.  Notwithstanding section 1353 of title 31, United 
     States Code, no officer or employee of any regulatory agency 
     or commission funded by this Act may accept on behalf of that 
     agency, nor may such agency or commission accept, payment or 
     reimbursement from a non-Federal entity for travel, 
     subsistence, or related expenses for the purpose of enabling 
     an officer or employee to attend and participate in any 
     meeting or similar function relating to the official duties 
     of the officer or employee when the entity offering payment 
     or reimbursement is a person or entity subject to regulation 
     by such agency or commission, or represents a person or 
     entity subject to regulation by such agency or commission, 
     unless the person or entity is an organization described in 
     section 501(c)(3) of the Internal Revenue Code of 1986 and 
     exempt from tax under section 501(a) of such Code.
       Sec. 618. Life Insurance For Tax Court Judges Age 65 or 
     Over. (a) In General.--Section 7472 of title 26, United 
     States Code, is amended by inserting after the word 
     ``imposed'' where it appears in the second sentence the 
     following phrase ``after April 24, 1999, that is incurred''.
       (b) Effective Date.--This amendment shall take effect as if 
     included in the amendment made by section 852 of the Pension 
     Protection Act of 2006.
       Sec. 619.  The Public Company Accounting Oversight Board 
     shall have authority to obligate funds for the scholarship 
     program established by section 109(c)(2) of the Sarbanes-
     Oxley Act of 2002 (Public Law 107-204) in an aggregate amount 
     not exceeding the amount of funds collected by the Board as 
     of December 31, 2008, including accrued interest, as a result 
     of the assessment of monetary penalties. Funds available for 
     obligation in fiscal year 2009 shall remain available until 
     expended.
       Sec. 620. Section 910(a) of the Trade Sanctions Reform and 
     Export Enhancement Act of 2000 (22 U.S.C. 7209(a)) is amended 
     to read as follows:
       ``(a) Authorization of Travel Relating to Commercial Sales 
     of Agricultural and Medical Goods.--The Secretary of the 
     Treasury shall promulgate regulations under which the travel-
     related transactions listed in paragraph (c) of section 
     515.560 of title 31, Code of Federal Regulations, are 
     authorized by general license for travel to, from, or within 
     Cuba for the marketing and sale of agricultural and medical 
     goods pursuant to the provisions of this title.''.
       Sec. 621. None of the funds made available in this Act may 
     be used to administer, implement, or enforce the amendments 
     made to section 515.560 and section 515.561 of title 31, Code 
     of Federal Regulations, related to travel to visit relatives 
     in Cuba, that were published in the Federal Register on June 
     16, 2004.
       Sec. 622. None of the funds made available in this Act may 
     be used to administer, implement, or enforce the amendment 
     made to section 515.533 of title 31, Code of Federal 
     Regulations, that was published in the Federal Register on 
     February 25, 2005.
       Sec. 623. Christopher Columbus Fellowship Authorization. 
     The Christopher Columbus Fellowship Act (20 U.S.C. 5701 et 
     seq.) is amended--
       (1) in section 426(a) (20 U.S.C. 5705(a))--
       (A) in paragraph (3), by striking ``and'' at the end;
       (B) by redesignating paragraph (4) as paragraph (5); and
       (C) by inserting after paragraph (3) the following:
       ``(4) amounts appropriated to the Foundation, as authorized 
     under section 430; and''; and
       (2) by adding at the end the following new section:

     ``SEC. 430. AUTHORIZATION OF APPROPRIATIONS.

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

                               TITLE VII

                  GENERAL PROVISIONS--GOVERNMENT-WIDE

                Departments, Agencies, and Corporations

       Sec. 701.  No department, agency, or instrumentality of the 
     United States receiving appropriated funds under this or any 
     other Act for fiscal year 2009 shall obligate or expend any 
     such funds, unless such department, agency, or 
     instrumentality has in place, and will continue to administer 
     in good faith, a written policy designed to ensure that all 
     of its workplaces are free from the illegal use, possession, 
     or distribution of controlled substances (as defined in the 
     Controlled Substances Act (21 U.S.C. 802)) by the officers 
     and employees of such department, agency, or instrumentality.
       Sec. 702.  Unless otherwise specifically provided, the 
     maximum amount allowable during the current fiscal year in 
     accordance with section 16 of the Act of August 2, 1946 (60 
     Stat. 810), for the purchase of any passenger motor vehicle 
     (exclusive of buses, ambulances, law enforcement, and 
     undercover

[[Page 5648]]

     surveillance vehicles), is hereby fixed at $13,197 except 
     station wagons for which the maximum shall be $13,631: 
     Provided, That these limits may be exceeded by not to exceed 
     $3,700 for police-type vehicles, and by not to exceed $4,000 
     for special heavy-duty vehicles: Provided further, That the 
     limits set forth in this section may not be exceeded by more 
     than 5 percent for electric or hybrid vehicles purchased for 
     demonstration under the provisions of the Electric and Hybrid 
     Vehicle Research, Development, and Demonstration Act of 1976: 
     Provided further, That the limits set forth in this section 
     may be exceeded by the incremental cost of clean alternative 
     fuels vehicles acquired pursuant to Public Law 101-549 over 
     the cost of comparable conventionally fueled vehicles.
       Sec. 703.  Appropriations of the executive departments and 
     independent establishments for the current fiscal year 
     available for expenses of travel, or for the expenses of the 
     activity concerned, are hereby made available for quarters 
     allowances and cost-of-living allowances, in accordance with 
     5 U.S.C. 5922-5924.
       Sec. 704.  Unless otherwise specified during the current 
     fiscal year, no part of any appropriation contained in this 
     or any other Act shall be used to pay the compensation of any 
     officer or employee of the Government of the United States 
     (including any agency the majority of the stock of which is 
     owned by the Government of the United States) whose post of 
     duty is in the continental United States unless such person: 
     (1) is a citizen of the United States; (2) is a person in the 
     service of the United States on the date of the enactment of 
     this Act who, being eligible for citizenship, has filed a 
     declaration of intention to become a citizen of the United 
     States prior to such date and is actually residing in the 
     United States; (3) is a person who owes allegiance to the 
     United States; (4) is an alien from Cuba, Poland, South 
     Vietnam, the countries of the former Soviet Union, or the 
     Baltic countries lawfully admitted to the United States for 
     permanent residence; (5) is a South Vietnamese, Cambodian, or 
     Laotian refugee paroled in the United States after January 1, 
     1975; or (6) is a national of the People's Republic of China 
     who qualifies for adjustment of status pursuant to the 
     Chinese Student Protection Act of 1992 (Public Law 102-404): 
     Provided, That for the purpose of this section, an affidavit 
     signed by any such person shall be considered prima facie 
     evidence that the requirements of this section with respect 
     to his or her status have been complied with: Provided 
     further, That any person making a false affidavit shall be 
     guilty of a felony, and, upon conviction, shall be fined no 
     more than $4,000 or imprisoned for not more than 1 year, or 
     both: Provided further, That the above penal clause shall be 
     in addition to, and not in substitution for, any other 
     provisions of existing law: Provided further, That any 
     payment made to any officer or employee contrary to the 
     provisions of this section shall be recoverable in action by 
     the Federal Government. This section shall not apply to 
     citizens of Ireland, Israel, or the Republic of the 
     Philippines, or to nationals of those countries allied with 
     the United States in a current defense effort, or to 
     international broadcasters employed by the Broadcasting Board 
     of Governors, or to temporary employment of translators, or 
     to temporary employment in the field service (not to exceed 
     60 days) as a result of emergencies: Provided further, That 
     this section does not apply to the employment as Wildland 
     firefighters for not more than 120 days of nonresident aliens 
     employed by the Department of the Interior or the USDA Forest 
     Service pursuant to an agreement with another country.
       Sec. 705.  Appropriations available to any department or 
     agency during the current fiscal year for necessary expenses, 
     including maintenance or operating expenses, shall also be 
     available for payment to the General Services Administration 
     for charges for space and services and those expenses of 
     renovation and alteration of buildings and facilities which 
     constitute public improvements performed in accordance with 
     the Public Buildings Act of 1959 (73 Stat. 479), the Public 
     Buildings Amendments of 1972 (86 Stat. 216), or other 
     applicable law.
       Sec. 706.  In addition to funds provided in this or any 
     other Act, all Federal agencies are authorized to receive and 
     use funds resulting from the sale of materials, including 
     Federal records disposed of pursuant to a records schedule 
     recovered through recycling or waste prevention programs. 
     Such funds shall be available until expended for the 
     following purposes:
       (1) Acquisition, waste reduction and prevention, and 
     recycling programs as described in Executive Order No. 13423 
     (January 24, 2007), including any such programs adopted prior 
     to the effective date of the Executive order.
       (2) Other Federal agency environmental management programs, 
     including, but not limited to, the development and 
     implementation of hazardous waste management and pollution 
     prevention programs.
       (3) Other employee programs as authorized by law or as 
     deemed appropriate by the head of the Federal agency.
       Sec. 707.  Funds made available by this or any other Act 
     for administrative expenses in the current fiscal year of the 
     corporations and agencies subject to chapter 91 of title 31, 
     United States Code, shall be available, in addition to 
     objects for which such funds are otherwise available, for 
     rent in the District of Columbia; services in accordance with 
     5 U.S.C. 3109; and the objects specified under this head, all 
     the provisions of which shall be applicable to the 
     expenditure of such funds unless otherwise specified in the 
     Act by which they are made available: Provided, That in the 
     event any functions budgeted as administrative expenses are 
     subsequently transferred to or paid from other funds, the 
     limitations on administrative expenses shall be 
     correspondingly reduced.
       Sec. 708.  No part of any appropriation contained in this 
     or any other Act shall be available for interagency financing 
     of boards (except Federal Executive Boards), commissions, 
     councils, committees, or similar groups (whether or not they 
     are interagency entities) which do not have a prior and 
     specific statutory approval to receive financial support from 
     more than one agency or instrumentality.
       Sec. 709.  None of the funds made available pursuant to the 
     provisions of this Act shall be used to implement, 
     administer, or enforce any regulation which has been 
     disapproved pursuant to a joint resolution duly adopted in 
     accordance with the applicable law of the United States.
       Sec. 710. (a) Notwithstanding any other provision of law, 
     and except as otherwise provided in this section, no part of 
     any of the funds appropriated for fiscal year 2009, by this 
     or any other Act, may be used to pay any prevailing rate 
     employee described in section 5342(a)(2)(A) of title 5, 
     United States Code--
       (1) during the period from the date of expiration of the 
     limitation imposed by the comparable section for previous 
     fiscal years until the normal effective date of the 
     applicable wage survey adjustment that is to take effect in 
     fiscal year 2009, in an amount that exceeds the rate payable 
     for the applicable grade and step of the applicable wage 
     schedule in accordance with such section; and
       (2) during the period consisting of the remainder of fiscal 
     year 2009, in an amount that exceeds, as a result of a wage 
     survey adjustment, the rate payable under paragraph (1) by 
     more than the sum of--
       (A) the percentage adjustment taking effect in fiscal year 
     2009 under section 5303 of title 5, United States Code, in 
     the rates of pay under the General Schedule; and
       (B) the difference between the overall average percentage 
     of the locality-based comparability payments taking effect in 
     fiscal year 2009 under section 5304 of such title (whether by 
     adjustment or otherwise), and the overall average percentage 
     of such payments which was effective in the previous fiscal 
     year under such section.
       (b) Notwithstanding any other provision of law, no 
     prevailing rate employee described in subparagraph (B) or (C) 
     of section 5342(a)(2) of title 5, United States Code, and no 
     employee covered by section 5348 of such title, may be paid 
     during the periods for which subsection (a) is in effect at a 
     rate that exceeds the rates that would be payable under 
     subsection (a) were subsection (a) applicable to such 
     employee.
       (c) For the purposes of this section, the rates payable to 
     an employee who is covered by this section and who is paid 
     from a schedule not in existence on September 30, 2008, shall 
     be determined under regulations prescribed by the Office of 
     Personnel Management.
       (d) Notwithstanding any other provision of law, rates of 
     premium pay for employees subject to this section may not be 
     changed from the rates in effect on September 30, 2008, 
     except to the extent determined by the Office of Personnel 
     Management to be consistent with the purpose of this section.
       (e) This section shall apply with respect to pay for 
     service performed after September 30, 2008.
       (f) For the purpose of administering any provision of law 
     (including any rule or regulation that provides premium pay, 
     retirement, life insurance, or any other employee benefit) 
     that requires any deduction or contribution, or that imposes 
     any requirement or limitation on the basis of a rate of 
     salary or basic pay, the rate of salary or basic pay payable 
     after the application of this section shall be treated as the 
     rate of salary or basic pay.
       (g) Nothing in this section shall be considered to permit 
     or require the payment to any employee covered by this 
     section at a rate in excess of the rate that would be payable 
     were this section not in effect.
       (h) The Office of Personnel Management may provide for 
     exceptions to the limitations imposed by this section if the 
     Office determines that such exceptions are necessary to 
     ensure the recruitment or retention of qualified employees.
       Sec. 711.  During the period in which the head of any 
     department or agency, or any other officer or civilian 
     employee of the Federal Government appointed by the President 
     of the United States, holds office, no funds may be obligated 
     or expended in excess of $5,000 to furnish or redecorate the 
     office of such department head, agency head, officer, or 
     employee, or to purchase furniture or make improvements for 
     any such office, unless advance notice of such furnishing or 
     redecoration is transmitted to the Committees

[[Page 5649]]

     on Appropriations of the House of Representatives and the 
     Senate. For the purposes of this section, the term ``office'' 
     shall include the entire suite of offices assigned to the 
     individual, as well as any other space used primarily by the 
     individual or the use of which is directly controlled by the 
     individual.
       Sec. 712.  Notwithstanding section 1346 of title 31, United 
     States Code, or section 708 of this Act, funds made available 
     for the current fiscal year by this or any other Act shall be 
     available for the interagency funding of national security 
     and emergency preparedness telecommunications initiatives 
     which benefit multiple Federal departments, agencies, or 
     entities, as provided by Executive Order No. 12472 (April 3, 
     1984).
       Sec. 713. (a) None of the funds appropriated by this or any 
     other Act may be obligated or expended by any Federal 
     department, agency, or other instrumentality for the salaries 
     or expenses of any employee appointed to a position of a 
     confidential or policy-determining character excepted from 
     the competitive service pursuant to section 3302 of title 5, 
     United States Code, without a certification to the Office of 
     Personnel Management from the head of the Federal department, 
     agency, or other instrumentality employing the Schedule C 
     appointee that the Schedule C position was not created solely 
     or primarily in order to detail the employee to the White 
     House.
       (b) The provisions of this section shall not apply to 
     Federal employees or members of the armed forces detailed to 
     or from--
       (1) the Central Intelligence Agency;
       (2) the National Security Agency;
       (3) the Defense Intelligence Agency;
       (4) the National Geospatial-Intelligence Agency;
       (5) the offices within the Department of Defense for the 
     collection of specialized national foreign intelligence 
     through reconnaissance programs;
       (6) the Bureau of Intelligence and Research of the 
     Department of State;
       (7) any agency, office, or unit of the Army, Navy, Air 
     Force, and Marine Corps, the Department of Homeland Security, 
     the Federal Bureau of Investigation and the Drug Enforcement 
     Administration of the Department of Justice, the Department 
     of Transportation, the Department of the Treasury, and the 
     Department of Energy performing intelligence functions; and
       (8) the Director of National Intelligence or the Office of 
     the Director of National Intelligence.
       Sec. 714.  No part of any appropriation contained in this 
     or any other Act shall be available for the payment of the 
     salary of any officer or employee of the Federal Government, 
     who--
       (1) prohibits or prevents, or attempts or threatens to 
     prohibit or prevent, any other officer or employee of the 
     Federal Government from having any direct oral or written 
     communication or contact with any Member, committee, or 
     subcommittee of the Congress in connection with any matter 
     pertaining to the employment of such other officer or 
     employee or pertaining to the department or agency of such 
     other officer or employee in any way, irrespective of whether 
     such communication or contact is at the initiative of such 
     other officer or employee or in response to the request or 
     inquiry of such Member, committee, or subcommittee; or
       (2) removes, suspends from duty without pay, demotes, 
     reduces in rank, seniority, status, pay, or performance or 
     efficiency rating, denies promotion to, relocates, reassigns, 
     transfers, disciplines, or discriminates in regard to any 
     employment right, entitlement, or benefit, or any term or 
     condition of employment of, any other officer or employee of 
     the Federal Government, or attempts or threatens to commit 
     any of the foregoing actions with respect to such other 
     officer or employee, by reason of any communication or 
     contact of such other officer or employee with any Member, 
     committee, or subcommittee of the Congress as described in 
     paragraph (1).
       Sec. 715. (a) None of the funds made available in this or 
     any other Act may be obligated or expended for any employee 
     training that--
       (1) does not meet identified needs for knowledge, skills, 
     and abilities bearing directly upon the performance of 
     official duties;
       (2) contains elements likely to induce high levels of 
     emotional response or psychological stress in some 
     participants;
       (3) does not require prior employee notification of the 
     content and methods to be used in the training and written 
     end of course evaluation;
       (4) contains any methods or content associated with 
     religious or quasi-religious belief systems or ``new age'' 
     belief systems as defined in Equal Employment Opportunity 
     Commission Notice N-915.022, dated September 2, 1988; or
       (5) is offensive to, or designed to change, participants' 
     personal values or lifestyle outside the workplace.
       (b) Nothing in this section shall prohibit, restrict, or 
     otherwise preclude an agency from conducting training bearing 
     directly upon the performance of official duties.
       Sec. 716.  No funds appropriated in this or any other Act 
     may be used to implement or enforce the agreements in 
     Standard Forms 312 and 4414 of the Government or any other 
     nondisclosure policy, form, or agreement if such policy, 
     form, or agreement does not contain the following provisions: 
     ``These restrictions are consistent with and do not 
     supersede, conflict with, or otherwise alter the employee 
     obligations, rights, or liabilities created by Executive 
     Order No. 12958; section 7211 of title 5, United States Code 
     (governing disclosures to Congress); section 1034 of title 
     10, United States Code, as amended by the Military 
     Whistleblower Protection Act (governing disclosure to 
     Congress by members of the military); section 2302(b)(8) of 
     title 5, United States Code, as amended by the Whistleblower 
     Protection Act of 1989 (governing disclosures of illegality, 
     waste, fraud, abuse or public health or safety threats); the 
     Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 
     et seq.) (governing disclosures that could expose 
     confidential Government agents); and the statutes which 
     protect against disclosure that may compromise the national 
     security, including sections 641, 793, 794, 798, and 952 of 
     title 18, United States Code, and section 4(b) of the 
     Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The 
     definitions, requirements, obligations, rights, sanctions, 
     and liabilities created by said Executive order and listed 
     statutes are incorporated into this agreement and are 
     controlling.'': Provided, That notwithstanding the preceding 
     paragraph, a nondisclosure policy form or agreement that is 
     to be executed by a person connected with the conduct of an 
     intelligence or intelligence-related activity, other than an 
     employee or officer of the United States Government, may 
     contain provisions appropriate to the particular activity for 
     which such document is to be used. Such form or agreement 
     shall, at a minimum, require that the person will not 
     disclose any classified information received in the course of 
     such activity unless specifically authorized to do so by the 
     United States Government. Such nondisclosure forms shall also 
     make it clear that they do not bar disclosures to Congress, 
     or to an authorized official of an executive agency or the 
     Department of Justice, that are essential to reporting a 
     substantial violation of law.
       Sec. 717.  No part of any funds appropriated in this or any 
     other Act shall be used by an agency of the executive branch, 
     other than for normal and recognized executive-legislative 
     relationships, for publicity or propaganda purposes, and for 
     the preparation, distribution or use of any kit, pamphlet, 
     booklet, publication, radio, television, or film presentation 
     designed to support or defeat legislation pending before the 
     Congress, except in presentation to the Congress itself.
       Sec. 718.  None of the funds appropriated by this or any 
     other Act may be used by an agency to provide a Federal 
     employee's home address to any labor organization except when 
     the employee has authorized such disclosure or when such 
     disclosure has been ordered by a court of competent 
     jurisdiction.
       Sec. 719.  None of the funds made available in this Act or 
     any other Act may be used to provide any non-public 
     information such as mailing or telephone lists to any person 
     or any organization outside of the Federal Government without 
     the approval of the Committees on Appropriations of the House 
     of Representatives and the Senate.
       Sec. 720.  No part of any appropriation contained in this 
     or any other Act shall be used directly or indirectly, 
     including by private contractor, for publicity or propaganda 
     purposes within the United States not heretofor authorized by 
     the Congress.
       Sec. 721. (a) In this section, the term ``agency''--
       (1) means an Executive agency, as defined under section 105 
     of title 5, United States Code;
       (2) includes a military department, as defined under 
     section 102 of such title, the Postal Service, and the Postal 
     Regulatory Commission; and
       (3) shall not include the Government Accountability Office.
       (b) Unless authorized in accordance with law or regulations 
     to use such time for other purposes, an employee of an agency 
     shall use official time in an honest effort to perform 
     official duties. An employee not under a leave system, 
     including a Presidential appointee exempted under section 
     6301(2) of title 5, United States Code, has an obligation to 
     expend an honest effort and a reasonable proportion of such 
     employee's time in the performance of official duties.
       Sec. 722.  Notwithstanding 31 U.S.C. 1346 and section 708 
     of this Act, funds made available for the current fiscal year 
     by this or any other Act to any department or agency, which 
     is a member of the Federal Accounting Standards Advisory 
     Board (FASAB), shall be available to finance an appropriate 
     share of FASAB administrative costs.


                          (transfer of funds)

       Sec. 723. Notwithstanding 31 U.S.C. 1346 and section 708 of 
     this Act, the head of each Executive department and agency is 
     hereby authorized to transfer to or reimburse ``General 
     Services Administration, Government-wide Policy'' with the 
     approval of the Director of the Office of Management and 
     Budget, funds made available for the current fiscal year by 
     this or any other Act, including rebates from charge card and 
     other contracts: Provided, That these funds shall be 
     administered by the Administrator of General Services to 
     support Government-wide financial,

[[Page 5650]]

     information technology, procurement, and other management 
     innovations, initiatives, and activities, as approved by the 
     Director of the Office of Management and Budget, in 
     consultation with the appropriate interagency groups 
     designated by the Director (including the President's 
     Management Council for overall management improvement 
     initiatives, the Chief Financial Officers Council for 
     financial management initiatives, the Chief Information 
     Officers Council for information technology initiatives, the 
     Chief Human Capital Officers Council for human capital 
     initiatives, and the Chief Acquisition Officers Council for 
     procurement initiatives): Provided further, That the total 
     funds transferred or reimbursed shall not exceed $17,000,000: 
     Provided further, That such transfers or reimbursements may 
     only be made after 15 days following notification of the 
     Committees on Appropriations by the Director of the Office of 
     Management and Budget.
       Sec. 724.  Notwithstanding any other provision of law, a 
     woman may breastfeed her child at any location in a Federal 
     building or on Federal property, if the woman and her child 
     are otherwise authorized to be present at the location.
       Sec. 725.  Notwithstanding section 1346 of title 31, United 
     States Code, or section 708 of this Act, funds made available 
     for the current fiscal year by this or any other Act shall be 
     available for the interagency funding of specific projects, 
     workshops, studies, and similar efforts to carry out the 
     purposes of the National Science and Technology Council 
     (authorized by Executive Order No. 12881), which benefit 
     multiple Federal departments, agencies, or entities: 
     Provided, That the Office of Management and Budget shall 
     provide a report describing the budget of and resources 
     connected with the National Science and Technology Council to 
     the Committees on Appropriations, the House Committee on 
     Science and Technology, and the Senate Committee on Commerce, 
     Science, and Transportation 90 days after enactment of this 
     Act.
       Sec. 726.  Any request for proposals, solicitation, grant 
     application, form, notification, press release, or other 
     publications involving the distribution of Federal funds 
     shall indicate the agency providing the funds, the Catalog of 
     Federal Domestic Assistance Number, as applicable, and the 
     amount provided: Provided, That this provision shall apply to 
     direct payments, formula funds, and grants received by a 
     State receiving Federal funds.
       Sec. 727. (a) Prohibition of Federal Agency Monitoring of 
     Individuals' Internet Use.--None of the funds made available 
     in this or any other Act may be used by any Federal agency--
       (1) to collect, review, or create any aggregation of data, 
     derived from any means, that includes any personally 
     identifiable information relating to an individual's access 
     to or use of any Federal Government Internet site of the 
     agency; or
       (2) to enter into any agreement with a third party 
     (including another government agency) to collect, review, or 
     obtain any aggregation of data, derived from any means, that 
     includes any personally identifiable information relating to 
     an individual's access to or use of any nongovernmental 
     Internet site.
       (b) Exceptions.--The limitations established in subsection 
     (a) shall not apply to--
       (1) any record of aggregate data that does not identify 
     particular persons;
       (2) any voluntary submission of personally identifiable 
     information;
       (3) any action taken for law enforcement, regulatory, or 
     supervisory purposes, in accordance with applicable law; or
       (4) any action described in subsection (a)(1) that is a 
     system security action taken by the operator of an Internet 
     site and is necessarily incident to providing the Internet 
     site services or to protecting the rights or property of the 
     provider of the Internet site.
       (c) Definitions.--For the purposes of this section:
       (1) The term ``regulatory'' means agency actions to 
     implement, interpret or enforce authorities provided in law.
       (2) The term ``supervisory'' means examinations of the 
     agency's supervised institutions, including assessing safety 
     and soundness, overall financial condition, management 
     practices and policies and compliance with applicable 
     standards as provided in law.
       Sec. 728. (a) None of the funds appropriated by this Act 
     may be used to enter into or renew a contract which includes 
     a provision providing prescription drug coverage, except 
     where the contract also includes a provision for 
     contraceptive coverage.
       (b) Nothing in this section shall apply to a contract 
     with--
       (1) any of the following religious plans:
       (A) Personal Care's HMO; and
       (B) OSF HealthPlans, Inc.; and
       (2) any existing or future plan, if the carrier for the 
     plan objects to such coverage on the basis of religious 
     beliefs.
       (c) In implementing this section, any plan that enters into 
     or renews a contract under this section may not subject any 
     individual to discrimination on the basis that the individual 
     refuses to prescribe or otherwise provide for contraceptives 
     because such activities would be contrary to the individual's 
     religious beliefs or moral convictions.
       (d) Nothing in this section shall be construed to require 
     coverage of abortion or abortion-related services.
       Sec. 729.  The Congress of the United States recognizes the 
     United States Anti-Doping Agency (USADA) as the official 
     anti-doping agency for Olympic, Pan American, and Paralympic 
     sport in the United States.
       Sec. 730.  Notwithstanding any other provision of law, 
     funds appropriated for official travel by Federal departments 
     and agencies may be used by such departments and agencies, if 
     consistent with Office of Management and Budget Circular A-
     126 regarding official travel for Government personnel, to 
     participate in the fractional aircraft ownership pilot 
     program.
       Sec. 731.  Notwithstanding any other provision of law, none 
     of the funds appropriated or made available under this Act or 
     any other appropriations Act may be used to implement or 
     enforce restrictions or limitations on the Coast Guard 
     Congressional Fellowship Program, or to implement the 
     proposed regulations of the Office of Personnel Management to 
     add sections 300.311 through 300.316 to part 300 of title 5 
     of the Code of Federal Regulations, published in the Federal 
     Register, volume 68, number 174, on September 9, 2003 
     (relating to the detail of executive branch employees to the 
     legislative branch).
       Sec. 732.  Notwithstanding any other provision of law, no 
     executive branch agency shall purchase, construct, and/or 
     lease any additional facilities, except within or contiguous 
     to existing locations, to be used for the purpose of 
     conducting Federal law enforcement training without the 
     advance approval of the Committees on Appropriations, except 
     that the Federal Law Enforcement Training Center is 
     authorized to obtain the temporary use of additional 
     facilities by lease, contract, or other agreement for 
     training which cannot be accommodated in existing Center 
     facilities.
       Sec. 733. (a) For fiscal year 2009, no funds shall be 
     available for transfers or reimbursements to the E-Government 
     initiatives sponsored by the Office of Management and Budget 
     prior to 15 days following submission of a report to the 
     Committees on Appropriations by the Director of the Office of 
     Management and Budget and receipt of approval to transfer 
     funds by the Committees on Appropriations of the House of 
     Representatives and the Senate.
       (b) The report in (a) and other required justification 
     materials shall include at a minimum--
       (1) a description of each initiative including but not 
     limited to its objectives, benefits, development status, 
     risks, cost effectiveness (including estimated net costs or 
     savings to the government), and the estimated date of full 
     operational capability;
       (2) the total development cost of each initiative by fiscal 
     year including costs to date, the estimated costs to complete 
     its development to full operational capability, and estimated 
     annual operations and maintenance costs; and
       (3) the sources and distribution of funding by fiscal year 
     and by agency and bureau for each initiative including agency 
     contributions to date and estimated future contributions by 
     agency.
       (c) No funds shall be available for obligation or 
     expenditure for new E-Government initiatives without the 
     explicit approval of the Committees on Appropriations of the 
     House of Representatives and the Senate.
       Sec. 734. Notwithstanding section 1346 of title 31, United 
     States Code, and section 708 of this Act and any other 
     provision of law, the head of each appropriate executive 
     department and agency shall transfer to or reimburse the 
     Federal Aviation Administration, upon the direction of the 
     Director of the Office of Management and Budget, funds made 
     available by this or any other Act for the purposes described 
     below, and shall submit budget requests for such purposes. 
     These funds shall be administered by the Federal Aviation 
     Administration, in consultation with the appropriate 
     interagency groups designated by the Director and shall be 
     used to ensure the uninterrupted, continuous operation of the 
     Midway Atoll Airfield by the Federal Aviation Administration 
     pursuant to an operational agreement with the Department of 
     the Interior for the entirety of fiscal year 2009 and any 
     period thereafter that precedes the enactment of the 
     Financial Services and General Government Appropriations Act, 
     2010. The Director of the Office of Management and Budget 
     shall mandate the necessary transfers after determining an 
     equitable allocation between the appropriate executive 
     departments and agencies of the responsibility for funding 
     the continuous operation of the Midway Atoll Airfield based 
     on, but not limited to, potential use, interest in 
     maintaining aviation safety, and applicability to 
     governmental operations and agency mission. The total funds 
     transferred or reimbursed shall not exceed $6,000,000 for any 
     12-month period. Such sums shall be sufficient to ensure 
     continued operation of the airfield throughout the period 
     cited above. Funds shall be available for operation of the 
     airfield or airfield-related capital upgrades. The Director 
     of the Office of Management and Budget shall notify the 
     Committees on Appropriations of such transfers or 
     reimbursements within 15 days of this Act. Such transfers or 
     reimbursements shall begin within 30 days of enactment of 
     this Act.

[[Page 5651]]

       Sec. 735.  Section 739(a)(1) of division D of the 
     Consolidated Appropriations Act, 2008 (Public Law 110-161; 
     121 Stat. 2029) is amended by striking ``more than 10''.
       Sec. 736.  Section 739 of division D of the Consolidated 
     Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 2030) 
     is amended by striking subsection (b) and inserting the 
     following:
       ``(b) Guidelines on Insourcing New and Contracted Out 
     Functions.--
       ``(1) Guidelines required.--(A) The heads of executive 
     agencies subject to the Federal Activities Inventory Reform 
     Act of 1998 (Public Law 105-270; 31 U.S.C. 501 note) shall 
     devise and implement guidelines and procedures to ensure that 
     consideration is given to using, on a regular basis, Federal 
     employees to perform new functions and functions that are 
     performed by contractors and could be performed by Federal 
     employees.
       ``(B) The guidelines and procedures required under 
     subparagraph (A) may not include any specific limitation or 
     restriction on the number of functions or activities that may 
     be converted to performance by Federal employees.
       ``(2) Special consideration for certain functions.--The 
     guidelines and procedures required under paragraph (1) shall 
     provide for special consideration to be given to using 
     Federal employees to perform any function that--
       ``(A) is performed by a contractor and--
       ``(i) has been performed by Federal employees at any time 
     during the previous 10 years;
       ``(ii) is a function closely associated with the 
     performance of an inherently governmental function;
       ``(iii) has been performed pursuant to a contract awarded 
     on a non-competitive basis; or
       ``(iv) has been performed poorly, as determined by a 
     contracting officer during the 5-year period preceding the 
     date of such determination, because of excessive costs or 
     inferior quality; or
       ``(B) is a new requirement, with particular emphasis given 
     to a new requirement that is similar to a function previously 
     performed by Federal employees or is a function closely 
     associated with the performance of an inherently governmental 
     function.
       ``(3) Exclusion of certain functions from competitions.--
     The head of an executive agency may not conduct a public-
     private competition under Office of Management and Budget 
     Circular A-76 or any other provision of law or regulation 
     before--
       ``(A) in the case of a new agency function, assigning the 
     performance of the function to Federal employees;
       ``(B) in the case of any agency function described in 
     paragraph (2), converting the function to performance by 
     Federal employees; or
       ``(C) in the case of an agency function performed by 
     Federal employees, expanding the scope of the function.
       ``(4) Deadline.--(A) The head of each executive agency 
     shall implement the guidelines and procedures required under 
     this subsection by not later than 120 days after the date of 
     the enactment of this subsection.
       ``(B) Not later than 210 days after the date of the 
     enactment of this subsection, the Government Accountability 
     Office shall submit a report on the implementation of this 
     subsection to the Committees on Appropriations of the House 
     of Representatives and the Senate, the Committee on Oversight 
     and Government Reform of the House of Representatives, and 
     the Committee on Homeland Security and Governmental Affairs 
     of the Senate.
       ``(5) Definitions.--In this subsection:
       ``(A) The term `inherently governmental functions' has the 
     meaning given such term in subpart 7.5 of part 7 of the 
     Federal Acquisition Regulation.
       ``(B) The term `functions closely associated with 
     inherently governmental functions' means the functions 
     described in section 7.503(d) of the Federal Acquisition 
     Regulation.
       ``(6) Applicability.--This subsection shall not apply to 
     the Department of Defense.''.
       Sec. 737.  None of the funds appropriated or otherwise made 
     available by this or any other Act may be used to begin or 
     announce a study or public-private competition regarding the 
     conversion to contractor performance of any function 
     performed by Federal employees pursuant to Office of 
     Management and Budget Circular A-76 or any other 
     administrative regulation, directive, or policy.
       Sec. 738. (a) Section 142(a) of division A of the 
     Consolidated Security, Disaster Assistance, and Continuing 
     Appropriations Act, 2009 (Public Law 110-329; 122 Stat. 3580) 
     is amended by striking ``Security.'' and inserting ``Security 
     and shall apply to civilian employees in the Department of 
     Defense who are represented by a labor organization as 
     defined in section 7103(a)(4) of title 5, United States 
     Code.''.
       (b) The amendment made by subsection (a) shall take effect 
     as if included in the enactment of the Consolidated Security, 
     Disaster Assistance, and Continuing Appropriations Act, 2009.
       Sec. 739.  Unless otherwise authorized by existing law, 
     none of the funds provided in this Act or any other Act may 
     be used by an executive branch agency to produce any 
     prepackaged news story intended for broadcast or distribution 
     in the United States, unless the story includes a clear 
     notification within the text or audio of the prepackaged news 
     story that the prepackaged news story was prepared or funded 
     by that executive branch agency.
       Sec. 740.  None of the funds made available in this Act may 
     be used in contravention of section 552a of title 5, United 
     States Code (popularly known as the Privacy Act) and 
     regulations implementing that section.
       Sec. 741.  Each executive department and agency shall 
     evaluate the creditworthiness of an individual before issuing 
     the individual a government travel charge card. Such 
     evaluations for individually-billed travel charge cards shall 
     include an assessment of the individual's consumer report 
     from a consumer reporting agency as those terms are defined 
     in section 603 of the Fair Credit Reporting Act (Public Law 
     91-508): Provided, That the department or agency may not 
     issue a government travel charge card to an individual that 
     either lacks a credit history or is found to have an 
     unsatisfactory credit history as a result of this evaluation: 
     Provided further, That this restriction shall not preclude 
     issuance of a restricted-use charge, debit, or stored value 
     card made in accordance with agency procedures to: (1) an 
     individual with an unsatisfactory credit history where such 
     card is used to pay travel expenses and the agency determines 
     there is no suitable alternative payment mechanism available 
     before issuing the card; or (2) an individual who lacks a 
     credit history. Each executive department and agency shall 
     establish guidelines and procedures for disciplinary actions 
     to be taken against agency personnel for improper, 
     fraudulent, or abusive use of government charge cards, which 
     shall include appropriate disciplinary actions for use of 
     charge cards for purposes, and at establishments, that are 
     inconsistent with the official business of the Department or 
     agency or with applicable standards of conduct.
       Sec. 742. Crosscut Budget. (a) Definitions.--For purposes 
     of this section the following definitions apply:
       (1) Great lakes.--The terms ``Great Lakes'' and ``Great 
     Lakes State'' have the same meanings as such terms have in 
     section 506 of the Water Resources Development Act of 2000 
     (42 U.S.C. 1962d-22).
       (2) Great lakes restoration activities.--The term ``Great 
     Lakes restoration activities'' means any Federal or State 
     activity primarily or entirely within the Great Lakes 
     watershed that seeks to improve the overall health of the 
     Great Lakes ecosystem.
       (b) Report.--Not later than 45 days after submission of the 
     budget of the President to Congress, the Director of the 
     Office of Management and Budget, in coordination with the 
     Governor of each Great Lakes State and the Great Lakes 
     Interagency Task Force, shall submit to the appropriate 
     authorizing and appropriating committees of the Senate and 
     the House of Representatives a financial report, certified by 
     the Secretary of each agency that has budget authority for 
     Great Lakes restoration activities, containing--
       (1) an interagency budget crosscut report that--
       (A) displays the budget proposed, including any planned 
     interagency or intra-agency transfer, for each of the Federal 
     agencies that carries out Great Lakes restoration activities 
     in the upcoming fiscal year, separately reporting the amount 
     of funding to be provided under existing laws pertaining to 
     the Great Lakes ecosystem; and
       (B) identifies all expenditures since fiscal year 2004 by 
     the Federal Government and State governments for Great Lakes 
     restoration activities;
       (2) a detailed accounting of all funds received and 
     obligated by all Federal agencies and, to the extent 
     available, State agencies using Federal funds, for Great 
     Lakes restoration activities during the current and previous 
     fiscal years;
       (3) a budget for the proposed projects (including a 
     description of the project, authorization level, and project 
     status) to be carried out in the upcoming fiscal year with 
     the Federal portion of funds for activities; and
       (4) a listing of all projects to be undertaken in the 
     upcoming fiscal year with the Federal portion of funds for 
     activities.
       Sec. 743. (a) In General.--None of the funds appropriated 
     or otherwise made available by this or any other Act may be 
     used for any Federal Government contract with any foreign 
     incorporated entity which is treated as an inverted domestic 
     corporation under section 835(b) of the Homeland Security Act 
     of 2002 (6 U.S.C. 395(b)) or any subsidiary of such an 
     entity.
       (b) Waivers.--
       (1) In general.--Any Secretary shall waive subsection (a) 
     with respect to any Federal Government contract under the 
     authority of such Secretary if the Secretary determines that 
     the waiver is required in the interest of national security.
       (2) Report to congress.--Any Secretary issuing a waiver 
     under paragraph (1) shall report such issuance to Congress.
       (c) Exception.--This section shall not apply to any Federal 
     Government contract entered into before the date of the 
     enactment of this Act, or to any task order issued pursuant 
     to such contract.
       Sec. 744. (a) Each executive department and agency shall 
     establish and maintain on

[[Page 5652]]

     the homepage of its website, an obvious, direct link to the 
     website of its respective Inspector General.
       (b) Each Office of Inspector General shall: (1) post on its 
     website any public report or audit or portion of any report 
     or audit issued within one day of its release; (2) provide a 
     service on its website to allow an individual to request 
     automatic receipt of information relating to any public 
     report or audit or portion of that report or audit and which 
     permits electronic transmittal of the information, or notice 
     of the availability of the information without further 
     request; and (3) establish and maintain a direct link on its 
     website for individuals to anonymously report waste, fraud 
     and abuse.
       Sec. 745.  None of the funds made available by this or any 
     other Act may be used to implement, administer, enforce, or 
     apply the rule entitled ``Competitive Area'' published by the 
     Office of Personnel Management in the Federal Register on 
     April 15, 2008 (73 Fed. Reg. 20180 et seq.).
       Sec. 746.  None of the funds made available by this or any 
     other Act may be used to implement, administer, or enforce 
     section 5(b) of Executive Order 13422 (72 Fed. Reg. 2763; 
     relating to Regulatory Policy Officer).
       Sec. 747. No later than 120 days after enactment of this 
     Act, the Office of Management and Budget shall submit a 
     status report on the pilot program, established under section 
     748 of division D of Public Law 110-161, to develop and 
     implement an inventory to track the cost and size (in 
     contractor manpower equivalents) of service contracts, 
     particularly with respect to contracts that have been 
     performed poorly by a contractor because of excessive costs 
     or inferior quality, as determined by a contracting officer 
     within the last 5 years, involve inherently governmental 
     functions, or were undertaken without competition.
       Sec. 748.  Executive Order 13423 (72 Fed. Reg. 3919; Jan. 
     24, 2007) shall remain in effect hereafter except as 
     otherwise provided by law after the date of the enactment of 
     this Act.
       Sec. 749. Effective January 20, 2009, and for each fiscal 
     year thereafter, no part of any appropriation contained in 
     this or any other Act may be used for the payment of services 
     to any individual carrying out the responsibilities of any 
     position requiring Senate advice and consent in an acting or 
     temporary capacity after the second submission of a 
     nomination for that individual to that position has been 
     withdrawn or returned to the President.
       Sec. 750.  Except as expressly provided otherwise, any 
     reference to ``this Act'' contained in any title other than 
     title IV or VIII shall not apply to such title IV or VIII.
       Sec. 751. Nonreduction in Pay While Federal Employee is 
     Performing Active Service in the Uniformed Services or 
     National Guard. (a) In General.--Subchapter IV of chapter 55 
     of title 5, United States Code, is amended by adding at the 
     end the following:

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

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

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

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

                               TITLE VIII

                GENERAL PROVISIONS--DISTRICT OF COLUMBIA

       Sec. 801.  Whenever in this Act, an amount is specified 
     within an appropriation for particular purposes or objects of 
     expenditure, such amount, unless otherwise specified, shall 
     be considered as the maximum amount that may be expended for 
     said purpose or object rather than an amount set apart 
     exclusively therefor.
       Sec. 802.  Appropriations in this Act shall be available 
     for expenses of travel and for the payment of dues of 
     organizations concerned with the work of the District of 
     Columbia government, when authorized by the Mayor, or, in the 
     case of the Council of the District of Columbia, funds may be 
     expended with the authorization of the Chairman of the 
     Council.
       Sec. 803.  There are appropriated from the applicable funds 
     of the District of Columbia such sums as may be necessary for 
     making refunds and for the payment of legal settlements or 
     judgments that have been entered against the District of 
     Columbia government.
       Sec. 804. (a) None of the Federal funds provided in this 
     Act shall be used for publicity or propaganda purposes or 
     implementation of any policy including boycott designed to 
     support or defeat legislation pending before Congress or any 
     State legislature.
       (b) The District of Columbia may use local funds provided 
     in this title to carry out lobbying activities on any matter.
       Sec. 805. (a) None of the funds provided under this Act to 
     the agencies funded by this Act, both Federal and District 
     government agencies, that remain available for obligation or 
     expenditure in fiscal year 2009, or provided from any 
     accounts in the Treasury of the United States derived by the 
     collection of fees available to the agencies funded by this 
     Act, shall be available for obligation or expenditures for an 
     agency through a reprogramming of funds which--
       (1) creates new programs;
       (2) eliminates a program, project, or responsibility 
     center;
       (3) establishes or changes allocations specifically denied, 
     limited or increased under this Act;
       (4) increases funds or personnel by any means for any 
     program, project, or responsibility center for which funds 
     have been denied or restricted;
       (5) reestablishes any program or project previously 
     deferred through reprogramming;
       (6) augments any existing program, project, or 
     responsibility center through a reprogramming of funds in 
     excess of $3,000,000 or 10 percent, whichever is less; or

[[Page 5653]]

       (7) increases by 20 percent or more personnel assigned to a 
     specific program, project or responsibility center,

     unless in the case of Federal funds, the Committees on 
     Appropriations of the House of Representatives and the Senate 
     are notified in writing 15 days in advance of the 
     reprogramming and in the case of local funds, the Committees 
     on Appropriations of the House of Representatives and the 
     Senate are provided summary reports on April 1, 2009 and 
     October 1, 2009, setting forth detailed information regarding 
     each such local funds reprogramming conducted subject to this 
     subsection.
       (b) None of the local funds contained in this Act may be 
     available for obligation or expenditure for an agency through 
     a transfer of any local funds in excess of $3,000,000 from 
     one appropriation heading to another unless the Committees on 
     Appropriations of the House of Representatives and the Senate 
     are provided summary reports on April 1, 2009 and October 1, 
     2009, setting forth detailed information regarding each 
     reprogramming conducted subject to this subsection.
       (c) The District of Columbia government is authorized to 
     approve and execute reprogramming and transfer requests of 
     local funds under this title through December 1, 2009.
       Sec. 806.  Consistent with the provisions of section 
     1301(a) of title 31, United States Code, appropriations under 
     this Act shall be applied only to the objects for which the 
     appropriations were made except as otherwise provided by law.
       Sec. 807.  None of the Federal funds made available in this 
     Act may be used to implement or enforce the Health Care 
     Benefits Expansion Act of 1992 (D.C. Law 9-114; D.C. Official 
     Code, sec. 32-701 et seq.) or to otherwise implement or 
     enforce any system of registration of unmarried, cohabiting 
     couples, including but not limited to registration for the 
     purpose of extending employment, health, or governmental 
     benefits to such couples on the same basis that such benefits 
     are extended to legally married couples.
       Sec. 808. (a) Section 446B(f) of the District of Columbia 
     Home Rule Act (sec. 1-204.46b(f), D.C. Official Code) is 
     amended by striking ``fiscal years 2006 through 2008'' and 
     inserting ``fiscal year 2006 and each succeeding fiscal 
     year''.
       (b) The amendment made by subsection (a) shall take effect 
     as if included in the enactment of the 2005 District of 
     Columbia Omnibus Authorization Act.
       Sec. 809. None of the Federal funds provided in this Act 
     may be used by the District of Columbia to provide for 
     salaries, expenses, or other costs associated with the 
     offices of United States Senator or United States 
     Representative under section 4(d) of the District of Columbia 
     Statehood Constitutional Convention Initiatives of 1979 (D.C. 
     Law 3-171; D.C. Official Code, sec. 1-123).
       Sec. 810.  Except as otherwise provided in this section, 
     none of the funds made available by this Act or by any other 
     Act may be used to provide any officer or employee of the 
     District of Columbia with an official vehicle unless the 
     officer or employee uses the vehicle only in the performance 
     of the officer's or employee's official duties. For purposes 
     of this section, the term ``official duties'' does not 
     include travel between the officer's or employee's residence 
     and workplace, except in the case of--
       (1) an officer or employee of the Metropolitan Police 
     Department who resides in the District of Columbia or a 
     District of Columbia government employee as may otherwise be 
     designated by the Chief of the Department;
       (2) at the discretion of the Fire Chief, an officer or 
     employee of the District of Columbia Fire and Emergency 
     Medical Services Department who resides in the District of 
     Columbia and is on call 24 hours a day or is otherwise 
     designated by the Fire Chief;
       (3) at the discretion of the Director of the Department of 
     Corrections, an officer or employee of the District of 
     Columbia Department of Corrections who resides in the 
     District of Columbia and is on call 24 hours a day or is 
     otherwise designated by the Director;
       (4) the Mayor of the District of Columbia; and
       (5) the Chairman of the Council of the District of 
     Columbia.
       Sec. 811. (a) None of the Federal funds contained in this 
     Act may be used by the District of Columbia Attorney General 
     or any other officer or entity of the District government to 
     provide assistance for any petition drive or civil action 
     which seeks to require Congress to provide for voting 
     representation in Congress for the District of Columbia.
       (b) Nothing in this section bars the District of Columbia 
     Attorney General from reviewing or commenting on briefs in 
     private lawsuits, or from consulting with officials of the 
     District government regarding such lawsuits.
       Sec. 812.  None of the Federal funds contained in this Act 
     may be used for any program of distributing sterile needles 
     or syringes for the hypodermic injection of any illegal drug.
       Sec. 813.  Nothing in this Act may be construed to prevent 
     the Council or Mayor of the District of Columbia from 
     addressing the issue of the provision of contraceptive 
     coverage by health insurance plans, but it is the intent of 
     Congress that any legislation enacted on such issue should 
     include a ``conscience clause'' which provides exceptions for 
     religious beliefs and moral convictions.
       Sec. 814. (a) Notwithstanding section 615(i)(3)(B) of the 
     Individuals With Disabilities Education Act (20 U.S.C. 
     1415(i)(3)(B)), none of the funds contained in this Act or in 
     any other Act making appropriations for the government of the 
     District of Columbia for fiscal year 2009 or any succeeding 
     fiscal year may be made available--
       (1) to pay the fees of an attorney who represents a party 
     in or defends an IDEA proceeding which was initiated prior to 
     the date of the enactment of this Act in an amount in excess 
     of $4,000 for that proceeding; or
       (2) to pay the fees of an attorney or firm who represents a 
     party in or defends an IDEA proceeding if the Chief Financial 
     Officer of the District of Columbia determines that the 
     attorney or firm has a pecuniary interest (either directly or 
     through an attorney, officer, or employee of the firm) in any 
     special education diagnostic services or schools or other 
     special education service providers.
       (b) In this section, the term ``IDEA proceeding'' means any 
     action or administrative proceeding (including any ensuing or 
     related proceedings before a court of competent jurisdiction) 
     brought against the District of Columbia Public Schools under 
     the Individuals with Disabilities Education Act (20 U.S.C. 
     1400 et seq.).
       Sec. 815. The Mayor of the District of Columbia shall 
     submit to the Committees on Appropriations of the House of 
     Representatives and the Senate, the Committee on Oversight 
     and Government Reform of the House of Representatives, and 
     the Committee on Homeland Security and Governmental Affairs 
     of the Senate annual reports addressing--
       (1) crime, including the homicide rate, implementation of 
     community policing, the number of police officers on local 
     beats, and the closing down of open-air drug markets;
       (2) access to substance and alcohol abuse treatment, 
     including the number of treatment slots, the number of people 
     served, the number of people on waiting lists, and the 
     effectiveness of treatment programs, the retention rates in 
     treatment programs, and the recidivism/re-arrest rates for 
     treatment participants;
       (3) management of parolees and pre-trial violent offenders, 
     including the number of halfway houses escapes and steps 
     taken to improve monitoring and supervision of halfway house 
     residents to reduce the number of escapes to be provided in 
     consultation with the Court Services and Offender Supervision 
     Agency for the District of Columbia;
       (4) education, including access to special education 
     services and student achievement to be provided in 
     consultation with the District of Columbia Public Schools and 
     the District of Columbia public charter schools, repeated 
     grade rates, high school graduation rates, post-secondary 
     education attendance rates, and teen pregnancy rates;
       (5) improvement in basic District services, including rat 
     control and abatement;
       (6) application for and management of Federal grants, 
     including the number and type of grants for which the 
     District was eligible but failed to apply and the number and 
     type of grants awarded to the District but for which the 
     District failed to spend the amounts received;
       (7) indicators of child and family well-being including 
     child living arrangements by family structure, number of 
     children aging out of foster care, poverty rates by family 
     structure, crime by family structure, marriage rates by 
     income quintile, and out-of-wedlock births; and
       (8) employment, including job status and participation in 
     assistance programs by income, education and family 
     structure.
       Sec. 816. Beginning in fiscal year 2009 and each fiscal 
     year thereafter, the amount appropriated to the District of 
     Columbia may be increased by no more than $100,000,000 from 
     funds identified in the annual comprehensive annual financial 
     report as the District's immediately preceding fiscal year's 
     unexpended general fund surplus. The District may obligate 
     and expend these amounts only in accordance with the 
     following conditions:
       (1) The Chief Financial Officer of the District of Columbia 
     shall certify that the use of any such amounts is not 
     anticipated to have a negative impact on the District's long-
     term financial, fiscal, and economic vitality.
       (2) The District of Columbia may only use these funds for 
     the following expenditures:
       (A) One-time expenditures.
       (B) Expenditures to avoid deficit spending.
       (C) Debt Reduction.
       (D) Program needs.
       (E) Expenditures to avoid revenue shortfalls.
       (3) The amounts shall be obligated and expended in 
     accordance with laws enacted by the Council in support of 
     each such obligation or expenditure.
       (4) The amounts may not be used to fund the agencies of the 
     District of Columbia government under court ordered 
     receivership.
       (5) The amounts may not be obligated or expended unless the 
     Mayor notifies the Committees on Appropriations of the House 
     of

[[Page 5654]]

     Representatives and the Senate not fewer than 30 days in 
     advance of the obligation or expenditure.
       Sec. 817. (a) Beginning in fiscal year 2009 and each fiscal 
     year thereafter, consistent with revenue collections, the 
     amount appropriated as District of Columbia Funds may be 
     increased--
       (1) by an aggregate amount of not more than 25 percent, in 
     the case of amounts proposed to be allocated as ``Other-Type 
     Funds'' in the annual Proposed Budget and Financial Plan 
     submitted to Congress by the District of Columbia; and
       (2) by an aggregate amount of not more than 6 percent, in 
     the case of any other amounts proposed to be allocated in 
     such Proposed Budget and Financial Plan.
       (b) The District of Columbia may obligate and expend any 
     increase in the amount of funds authorized under this section 
     only in accordance with the following conditions:
       (1) The Chief Financial Officer of the District of Columbia 
     shall certify--
       (A) the increase in revenue; and
       (B) that the use of the amounts is not anticipated to have 
     a negative impact on the long-term financial, fiscal, or 
     economic health of the District.
       (2) The amounts shall be obligated and expended in 
     accordance with laws enacted by the Council of the District 
     of Columbia in support of each such obligation and 
     expenditure, consistent with the requirements of this Act.
       (3) The amounts may not be used to fund any agencies of the 
     District government operating under court-ordered 
     receivership.
       (4) The amounts may not be obligated or expended unless the 
     Mayor has notified the Committees on Appropriations of the 
     House of Representatives and the Senate not fewer than 30 
     days in advance of the obligation or expenditure.
       Sec. 818. Beginning in fiscal year 2009 and each fiscal 
     year thereafter, the Chief Financial Officer for the District 
     of Columbia may, for the purpose of cash flow management, 
     conduct short-term borrowing from the emergency reserve fund 
     and from the contingency reserve fund established under 
     section 450A of the District of Columbia Home Rule Act 
     (Public Law 93-198): Provided, That the amount borrowed shall 
     not exceed 50 percent of the total amount of funds contained 
     in both the emergency and contingency reserve funds at the 
     time of borrowing: Provided further, That the borrowing shall 
     not deplete either fund by more than 50 percent: Provided 
     further, That 100 percent of the funds borrowed shall be 
     replenished within 9 months of the time of the borrowing or 
     by the end of the fiscal year, whichever occurs earlier: 
     Provided further, That in the event that short-term borrowing 
     has been conducted and the emergency or the contingency 
     reserve funds are later depleted below 50 percent as a result 
     of an emergency or contingency, an amount equal to the amount 
     necessary to restore reserve levels to 50 percent of the 
     total amount of funds contained in both the emergency and 
     contingency reserve fund must be replenished from the amount 
     borrowed within 60 days.
       Sec. 819. (a) None of the funds contained in this Act may 
     be used to enact or carry out any law, rule, or regulation to 
     legalize or otherwise reduce penalties associated with the 
     possession, use, or distribution of any schedule I substance 
     under the Controlled Substances Act (21 U.S.C. 801 et seq.) 
     or any tetrahydrocannabinols derivative.
       (b) The Legalization of Marijuana for Medical Treatment 
     Initiative of 1998, also known as Initiative 59, approved by 
     the electors of the District of Columbia on November 3, 1998, 
     shall not take effect.
       Sec. 820.  None of the funds appropriated under this Act 
     shall be expended for any abortion except where the life of 
     the mother would be endangered if the fetus were carried to 
     term or where the pregnancy is the result of an act of rape 
     or incest.
       Sec. 821.  Amounts appropriated in this Act as operating 
     funds may be transferred to the District of Columbia's 
     enterprise and capital funds and such amounts, once 
     transferred shall retain appropriation authority consistent 
     with the provisions of this Act.
       Sec. 822. (a) Increase in the Hourly Rate for Attorneys 
     Representing Indigent Defendants in the District of Columbia 
     Courts.--Section 11-2604(a), District of Columbia Official 
     Code, is amended by striking ``$80 per hour'' and inserting 
     ``$90 per hour''.
       (b) Special Rule for Compensation of Attorneys in Neglect 
     and Termination of Parental Rights Proceedings.--Section 16-
     2326.01(b), District of Columbia Official Code, is amended--
       (1) in paragraph (1), by striking ``$1,760'' and inserting 
     ``$1,980'';
       (2) in paragraph (2), by striking ``$1,760'' and inserting 
     ``$1,980'';
       (3) in paragraph (3), by striking ``$2,400'' and inserting 
     ``$2,700''; and
       (4) in paragraph (4), by striking ``$1,200'' and inserting 
     ``$1,350''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to cases and proceedings initiated 
     on or after the date of enactment of this Act.
       Sec. 823. Section 2 of the Act entitled ``An Act Relative 
     to the control of wharf property and certain public spaces in 
     the District of Columbia'', approved March 3, 1899 (sec. 10-
     501.02(a), D.C. Official Code) is amended by striking the 
     last sentence.
       Sec. 824.  Except as expressly provided otherwise, any 
     reference to ``this Act'' contained in this title or in title 
     IV shall be treated as referring only to the provisions of 
     this title or of title IV.
       This division may be cited as the ``Financial Services and 
     General Government Appropriations Act, 2009''.

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

                                TITLE I

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management

                   management of lands and resources

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


                              construction

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


                            land acquisition

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


                   oregon and california grant lands

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


               forest ecosystem health and recovery fund

                   (revolving fund, special account)

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


                           range improvements

       For rehabilitation, protection, and acquisition of lands 
     and interests therein, and improvement of Federal rangelands 
     pursuant to

[[Page 5655]]

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


               service charges, deposits, and forfeitures

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


                       miscellaneous trust funds

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


                 PAYMENTS FROM PROCEEDS, SALE OF WATER

                              (rescission)

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


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

                              (rescission)

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


                       Administrative Provisions

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

                United States Fish and Wildlife Service

                          resource management

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


                              CONSTRUCTION

                    (including rescission of funds)

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

                            land acquisition

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


            cooperative endangered species conservation fund

                    (including rescission of funds)

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

                     national wildlife refuge fund

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


               North American Wetlands Conservation Fund

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


                Neotropical Migratory Bird Conservation

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

[[Page 5656]]




                Multinational Species Conservation Fund

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

                    state and tribal wildlife grants

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


              WILDLIFE CONSERVATION AND APPRECIATION FUND

                              (rescission)

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


                       administrative provisions

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

                         National Park Service


                 Operation of the National Park System

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


                  national recreation and preservation

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

                       historic preservation fund


             (including transfers and rescission of funds)

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


                              Construction

                    (including rescission of funds)

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


                    land and water conservation fund

                              (rescission)

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

[[Page 5657]]




                 land acquisition and state assistance

                    (including rescission of funds)

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


                     urban park and recreation fund

                              (rescission)

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

                       administrative provisions

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

                    United States Geological Survey

                 surveys, investigations, and research

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

                       administrative provisions

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

                      Minerals Management Service


                royalty and offshore minerals management

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


                           oil spill research

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


                        Administrative Provision

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

          Office of Surface Mining Reclamation and Enforcement

                       regulation and technology

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

[[Page 5658]]



                    abandoned mine reclamation fund


                    (including rescission of funds)

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

                        administrative provision

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

                        Bureau of Indian Affairs

                      operation of indian programs


                     (including transfer of funds)

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

                              construction


                     (including transfer of funds)

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


 indian land and water claim settlements and miscellaneous payments to 
                                indians

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

                 indian guaranteed loan program account

       For the cost of guaranteed loans, $8,186,000, of which 
     $1,600,000 is for administrative expenses, as authorized by 
     the Indian Financing Act of 1974, as amended: Provided, That 
     of the amounts provided herein for administrative expenses, 
     $500,000 is for the modernization of a management and 
     accounting system: Provided further, That such costs, 
     including the cost of modifying such loans, shall be as 
     defined in section 502 of the Congressional Budget Act of 
     1974: Provided further, That these funds are available to 
     subsidize total loan principal, any part of which is to be 
     guaranteed, not to exceed $85,200,517.


                       Administrative Provisions

       The Bureau of Indian Affairs may carry out the operation of 
     Indian programs by direct expenditure, contracts, cooperative 
     agreements, compacts and grants, either directly or in 
     cooperation with States and other organizations.
       Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs 
     may contract for services in support of the management, 
     operation, and maintenance of the Power Division of the San 
     Carlos Irrigation Project.
       Appropriations for the Bureau of Indian Affairs (except the 
     Revolving Fund for Loans Liquidating Account, Indian Loan 
     Guaranty and Insurance Fund Liquidating Account, Indian 
     Guaranteed Loan Financing Account, Indian Direct Loan 
     Financing Account, and the Indian Guaranteed Loan Program 
     account) shall be available for expenses of exhibits.
       Notwithstanding any other provision of law, no funds 
     available to the Bureau of Indian Affairs for central office 
     oversight and Executive Direction and Administrative Services 
     (except executive direction and administrative services 
     funding for Tribal Priority Allocations, regional offices, 
     and facilities operations and maintenance) shall be available 
     for contracts, grants, compacts, or cooperative agreements 
     with the Bureau of Indian Affairs under the provisions of the 
     Indian Self-Determination Act or the Tribal

[[Page 5659]]

     Self-Governance Act of 1994 (Public Law 103-413).
       In the event any tribe returns appropriations made 
     available by this Act to the Bureau of Indian Affairs, this 
     action shall not diminish the Federal Government's trust 
     responsibility to that tribe, or the government-to-government 
     relationship between the United States and that tribe, or 
     that tribe's ability to access future appropriations.
       Notwithstanding any other provision of law, no funds 
     available to the Bureau, other than the amounts provided 
     herein for assistance to public schools under 25 U.S.C. 452 
     et seq., shall be available to support the operation of any 
     elementary or secondary school in the State of Alaska.
       Appropriations made available in this or any other Act for 
     schools funded by the Bureau shall be available only to the 
     schools in the Bureau school system as of September 1, 1996. 
     No funds available to the Bureau shall be used to support 
     expanded grades for any school or dormitory beyond the grade 
     structure in place or approved by the Secretary of the 
     Interior at each school in the Bureau school system as of 
     October 1, 1995. Funds made available under this Act may not 
     be used to establish a charter school at a Bureau-funded 
     school (as that term is defined in section 1146 of the 
     Education Amendments of 1978 (25 U.S.C. 2026)), except that a 
     charter school that is in existence on the date of the 
     enactment of this Act and that has operated at a Bureau-
     funded school before September 1, 1999, may continue to 
     operate during that period, but only if the charter school 
     pays to the Bureau a pro rata share of funds to reimburse the 
     Bureau for the use of the real and personal property 
     (including buses and vans), the funds of the charter school 
     are kept separate and apart from Bureau funds, and the Bureau 
     does not assume any obligation for charter school programs of 
     the State in which the school is located if the charter 
     school loses such funding. Employees of Bureau-funded schools 
     sharing a campus with a charter school and performing 
     functions related to the charter schools operation and 
     employees of a charter school shall not be treated as Federal 
     employees for purposes of chapter 171 of title 28, United 
     States Code.
       Notwithstanding any other provision of law, including 
     section 113 of title I of appendix C of Public Law 106-113, 
     if in fiscal year 2003 or 2004 a grantee received indirect 
     and administrative costs pursuant to a distribution formula 
     based on section 5(f) of Public Law 101-301, the Secretary 
     shall continue to distribute indirect and administrative cost 
     funds to such grantee using the section 5(f) distribution 
     formula.

                          Departmental Offices

                        Office of the Secretary


                         salaries and expenses

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

            Management of Federal Lands for Subsistence Uses


                              (rescission)

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

                            Insular Affairs


                       Assistance to Territories

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


                      compact of free association

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

                        Office of the Solicitor

                         salaries and expenses

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

                      Office of Inspector General


                         salaries and expenses

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

           Office of the Special Trustee for American Indians


                         federal trust programs

                     (including transfer of funds)

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

                        Department-wide Programs


                        wildland fire management

                     (including transfers of funds)

       For necessary expenses for fire preparedness, suppression 
     operations, fire science and research, emergency 
     rehabilitation, hazardous fuels reduction, and rural fire 
     assistance by the Department of the Interior,

[[Page 5660]]

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

                    central hazardous materials fund

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


           Natural Resource Damage Assessment and Restoration

                natural resource damage assessment fund

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


                          working capital fund

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

                       administrative provisions

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

             General Provisions, Department of the Interior


                     (including transfers of funds)

       Sec. 101. Appropriations made in this title shall be 
     available for expenditure or transfer (within each bureau or 
     office), with the approval of the Secretary, for the 
     emergency reconstruction, replacement, or repair of aircraft, 
     buildings, utilities, or other facilities or equipment 
     damaged or destroyed by fire, flood, storm, or other 
     unavoidable causes: Provided, That no funds shall be made 
     available under this authority until funds specifically made 
     available to the Department of the Interior for emergencies 
     shall have been exhausted: Provided further, That all funds 
     used pursuant to this section must be replenished by a 
     supplemental appropriation which must be requested as 
     promptly as possible.
       Sec. 102. The Secretary may authorize the expenditure or 
     transfer of any no year appropriation in this title, in 
     addition to the amounts included in the budget programs of 
     the several agencies, for the suppression or emergency 
     prevention of wildland fires on or threatening lands under 
     the jurisdiction of the Department of the Interior; for the 
     emergency rehabilitation of burned-over lands under its 
     jurisdiction; for emergency actions related to potential or 
     actual earthquakes, floods, volcanoes, storms, or other 
     unavoidable causes; for contingency planning subsequent to 
     actual oil spills; for response and natural resource damage 
     assessment activities related to actual oil spills; for the 
     prevention, suppression, and control of actual or potential 
     grasshopper and Mormon cricket outbreaks on lands under the 
     jurisdiction of the Secretary, pursuant to the authority in 
     section 1773(b) of Public Law 99-198 (99 Stat. 1658); for 
     emergency reclamation projects under section 410 of Public 
     Law 95-87; and shall transfer, from any no year funds 
     available to the Office of Surface Mining Reclamation and 
     Enforcement, such funds as may be necessary to permit 
     assumption of regulatory authority in the event a primacy 
     State is not carrying out the regulatory provisions of the 
     Surface Mining Act: Provided, That appropriations made in 
     this title for wildland fire operations shall be available 
     for the payment of obligations incurred during the preceding 
     fiscal year, and for reimbursement to other Federal agencies 
     for destruction of vehicles, aircraft, or other equipment in 
     connection with their use for wildland fire operations, such 
     reimbursement to be credited to appropriations currently 
     available at the time of receipt thereof: Provided further, 
     That for wildland fire operations, no funds shall be made 
     available under this authority until the Secretary determines 
     that funds appropriated for ``wildland fire operations'' 
     shall be exhausted within 30 days: Provided further, That all 
     funds used pursuant to this section must be replenished by a 
     supplemental appropriation which must be requested as 
     promptly as possible: Provided further, That such 
     replenishment funds shall be used to reimburse, on a pro rata 
     basis, accounts from which emergency funds were transferred.
       Sec. 103. Appropriations made to the Department of the 
     Interior in this title shall be available for services as 
     authorized by 5 U.S.C. 3109, when authorized by the 
     Secretary, in total amount not to exceed $500,000; purchase 
     and replacement of motor vehicles, including specially 
     equipped law enforcement vehicles; hire, maintenance, and 
     operation of aircraft; hire of passenger motor vehicles; 
     purchase of reprints; payment for telephone service in 
     private residences in the field, when authorized under 
     regulations approved by the Secretary; and the payment of 
     dues, when authorized by the Secretary, for library 
     membership in societies or associations which issue 
     publications to members only or at a price to members lower 
     than to subscribers who are not members.
       Sec. 104. Appropriations made in this Act under the 
     headings Bureau of Indian Affairs and Office of the Special 
     Trustee for American Indians and any unobligated balances 
     from prior appropriations Acts made under the same headings 
     shall be available for expenditure or transfer for Indian 
     trust management and reform activities. Total funding for 
     historical accounting activities shall not exceed amounts 
     specifically designated in this Act for such purpose.
       Sec. 105. Notwithstanding any other provision of law, the 
     Secretary of the Interior is authorized to redistribute any 
     Tribal Priority Allocation funds, including tribal base 
     funds, to alleviate tribal funding inequities by transferring 
     funds to address identified, unmet needs, dual enrollment, 
     overlapping service areas or inaccurate distribution 
     methodologies. No tribe shall receive a reduction in Tribal 
     Priority Allocation funds of more than 10 percent in fiscal 
     year 2009. Under circumstances of dual enrollment, 
     overlapping service areas or inaccurate distribution 
     methodologies, the 10 percent limitation does not apply.

[[Page 5661]]

       Sec. 106. Notwithstanding any other provision of law, in 
     conveying the Twin Cities Research Center under the authority 
     provided by Public Law 104-134, as amended by Public Law 104-
     208, the Secretary may accept and retain land and other forms 
     of reimbursement: Provided, That the Secretary may retain and 
     use any such reimbursement until expended and without further 
     appropriation: (1) for the benefit of the National Wildlife 
     Refuge System within the State of Minnesota; and (2) for all 
     activities authorized by 16 U.S.C. 460zz.
       Sec. 107. The Secretary of the Interior may use 
     discretionary funds to pay private attorney fees and costs 
     for employees and former employees of the Department of the 
     Interior reasonably incurred in connection with Cobell v. 
     Kempthorne to the extent that such fees and costs are not 
     paid by the Department of Justice or by private insurance. In 
     no case shall the Secretary make payments under this section 
     that would result in payment of hourly fees in excess of the 
     highest hourly rate approved by the District Court for the 
     District of Columbia for counsel in Cobell v. Kempthorne.
       Sec. 108. The United States Fish and Wildlife Service 
     shall, in carrying out its responsibilities to protect 
     threatened and endangered species of salmon, implement a 
     system of mass marking of salmonid stocks, intended for 
     harvest, that are released from federally operated or 
     federally financed hatcheries including but not limited to 
     fish releases of coho, chinook, and steelhead species. Marked 
     fish must have a visible mark that can be readily identified 
     by commercial and recreational fishers.
       Sec. 109. No funds appropriated for the Department of the 
     Interior by this Act or any other Act shall be used to study 
     or implement any plan to drain Lake Powell or to reduce the 
     water level of the lake below the range of water levels 
     required for the operation of the Glen Canyon Dam.
       Sec. 110. Notwithstanding any other provision of law, the 
     Secretary of the Interior is authorized to acquire lands, 
     waters, or interests therein including the use of all or part 
     of any pier, dock, or landing within the State of New York 
     and the State of New Jersey, for the purpose of operating and 
     maintaining facilities in the support of transportation and 
     accommodation of visitors to Ellis, Governors, and Liberty 
     Islands, and of other program and administrative activities, 
     by donation or with appropriated funds, including franchise 
     fees (and other monetary consideration), or by exchange; and 
     the Secretary is authorized to negotiate and enter into 
     leases, subleases, concession contracts or other agreements 
     for the use of such facilities on such terms and conditions 
     as the Secretary may determine reasonable.
       Sec. 111. Title 43 U.S.C. 1473, as amended by Public Law 
     110-161, is further amended by deleting the phrase ``in 
     fiscal year 2008 only'' and inserting in lieu thereof ``in 
     fiscal years 2008 and 2009 only''.
       Sec. 112. No funds appropriated or otherwise made available 
     to the Department of the Interior may be used, in relation to 
     any proposal to store water for the purpose of export, for 
     approval of any right-of-way or similar authorization on the 
     Mojave National Preserve or lands managed by the Needles 
     Field Office of the Bureau of Land Management, or for 
     carrying out any activities associated with such right-of-way 
     or similar approval.
       Sec. 113. The Secretary of the Interior may enter into 
     cooperative agreements with a State or political subdivision 
     (including any agency thereof), or any not-for-profit 
     organization if the agreement will: (1) serve a mutual 
     interest of the parties to the agreement in carrying out the 
     programs administered by the Department of the Interior; and 
     (2) all parties will contribute resources to the 
     accomplishment of these objectives. At the discretion of the 
     Secretary, such agreements shall not be subject to a 
     competitive process.
       Sec. 114. Funds provided in this Act for Federal land 
     acquisition by the National Park Service for Shenandoah 
     Valley Battlefields National Historic District and Ice Age 
     National Scenic Trail may be used for a grant to a State, a 
     local government, or any other land management entity for the 
     acquisition of lands without regard to any restriction on the 
     use of Federal land acquisition funds provided through the 
     Land and Water Conservation Fund Act of 1965 as amended.
       Sec. 115. Sections 109 and 110 of the Federal Oil and Gas 
     Royalty Management Act (30 U.S.C. 1719 and 1720) shall apply 
     to any lease authorizing exploration for or development of 
     coal, any other solid mineral, or any geothermal resource on 
     any Federal or Indian lands and any lease, easement, right of 
     way, or other agreement, regardless of form, for use of the 
     Outer Continental Shelf or any of its resources under 
     sections 8(k) or 8(p) of the Outer Continental Shelf Lands 
     Act (43 U.S.C. 1337(k) and 1337(p)) to the same extent as if 
     such lease, easement, right of way, or other agreement, 
     regardless of form, were an oil and gas lease, except that in 
     such cases the term ``royalty payment'' shall include any 
     payment required by such lease, easement, right of way or 
     other agreement, regardless of form, or by applicable 
     regulation.
       Sec. 116. The Pittsford National Fish Hatchery in 
     Chittenden, Vermont is hereby renamed the Dwight D. 
     Eisenhower National Fish Hatchery.
       Sec. 117. Section 6 of the Great Sand Dunes National Park 
     and Preserve Act of 2000 (16 U.S.C. 410hhh-4) is amended--
       (1) in subsection (a)--
       (A) by striking ``(a) Establishment.--(1) When'' and 
     inserting the following:
       ``(a) Establishment and Purpose.--
       ``(1) Establishment.--
       ``(A) In general.--When'';
       (B) in paragraph (2), by striking ``(2) Such 
     establishment'' and inserting the following:
       ``(B) Effective date.--The establishment of the refuge 
     under subparagraph (A)''; and
       (C) by adding at the end the following:
       ``(2) Purpose.--The purpose of the Baca National Wildlife 
     Refuge shall be to restore, enhance, and maintain wetland, 
     upland, riparian, and other habitats for native wildlife, 
     plant, and fish species in the San Luis Valley.'';
       (2) in subsection (c)--
       (A) by striking ``The Secretary'' and inserting the 
     following:
       ``(1) In general.--The Secretary''; and
       (B) by adding at the end the following:
       ``(2) Requirements.--In administering the Baca National 
     Wildlife Refuge, the Secretary shall, to the maximum extent 
     practicable--
       ``(A) emphasize migratory bird conservation; and
       ``(B) take into consideration the role of the Refuge in 
     broader landscape conservation efforts.''; and
       (3) in subsection (d)--
       (A) in paragraph (1), by striking ``and'' at the end;
       (B) in paragraph (2), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(3) subject to any agreement in existence as of the date 
     of enactment of this paragraph, and to the extent consistent 
     with the purposes of the Refuge, use decreed water rights on 
     the Refuge in approximately the same manner that the water 
     rights have been used historically.''.
       Sec. 118. None of the funds in this Act may be used to 
     further reduce the number of Axis or Fallow deer at Point 
     Reyes National Seashore below the number as of the date of 
     enactment of this Act.

                                TITLE II

                    ENVIRONMENTAL PROTECTION AGENCY

                         Science and Technology

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

                 Environmental Programs and Management

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

                      Office of Inspector General

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, as amended, $44,791,000, to remain available until 
     September 30, 2010.

                        Buildings and Facilities

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

                     Hazardous Substance Superfund


                     (including transfers of funds)

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

[[Page 5662]]

     111(a) of CERCLA: Provided further, That of the funds 
     appropriated under this heading, $9,975,000 shall be paid to 
     the ``Office of Inspector General'' appropriation to remain 
     available until September 30, 2010, and $26,417,000 shall be 
     paid to the ``Science and Technology'' appropriation to 
     remain available until September 30, 2010.

          Leaking Underground Storage Tank Trust Fund Program

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

                           Oil Spill Response

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

                   State and Tribal Assistance Grants

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

       Administrative Provisions, Environmental Protection Agency


                    (including rescission of funds)

       For fiscal year 2009, notwithstanding 31 U.S.C. 6303(1) and 
     6305(1), the Administrator of the Environmental Protection 
     Agency, in carrying out the Agency's function to implement 
     directly Federal environmental programs required or 
     authorized by law in the absence of an acceptable tribal 
     program, may award cooperative agreements to federally 
     recognized Indian Tribes or Intertribal consortia, if 
     authorized by their member Tribes, to assist the 
     Administrator in implementing Federal environmental programs 
     for Indian Tribes required or authorized by law, except that 
     no such cooperative agreements may be awarded from funds 
     designated for State financial assistance agreements.
       The Administrator of the Environmental Protection Agency is 
     authorized to collect and obligate pesticide registration 
     service fees in accordance with section 33 of the Federal 
     Insecticide, Fungicide, and Rodenticide Act, as amended by 
     Public Law 110-94, the Pesticide Registration Improvement 
     Renewal Act.
       For fiscal year 2009 and thereafter, the Science and 
     Technology and Environmental Programs and Management Accounts 
     are available for uniforms, or allowances therefore, as 
     authorized by 5 U.S.C. 5901-02 and for services as authorized 
     by 5 U.S.C. 3109, but at rates for individuals not to exceed 
     the daily equivalent of the rate paid for level IV of the 
     Executive Schedule. Unless specifically authorized by law, 
     for fiscal year 2009 and thereafter, none of the funds 
     available under this title for grants may be used to pay for 
     the salaries of individual consultants at more than the daily 
     equivalent of the rate paid for level IV of the Executive 
     Schedule.
       None of the funds made available by this Act may be used in 
     contravention of, or to delay the implementation of, 
     Executive Order No. 12898 of February 11, 1994 (59 Fed. Reg. 
     7629; relating to Federal actions to address environmental 
     justice in minority populations and low-income populations).
       Title II of Public Law 109-54, under the heading 
     Administrative Provisions, is amended: in the fourth 
     paragraph, strike ``make not to exceed five appointments in 
     any fiscal year under the authority provided in 42 U.S.C. 209 
     for the Office of Research and Development'' and insert 
     ``employ up to thirty persons at any one time in the Office 
     of

[[Page 5663]]

     Research and Development under the authority provided in 42 
     U.S.C. 209''.
       From unobligated balances to carry out projects and 
     activities funded through the State and Tribal Assistance 
     Grants Account, $10,000,000 are permanently rescinded.
       Of the funds provided in the Environmental Programs and 
     Management Account, not less than $6,500,000 shall be used 
     for activities to develop and publish a final rule not later 
     than June 26, 2009, and to begin implementation, to require 
     mandatory reporting of greenhouse gas emissions above 
     appropriate thresholds in all sectors of the economy of the 
     United States, as required by Public Law 110-161.
       For fiscal year 2009 and thereafter, the Science and 
     Technology, Environmental Programs and Management, Office of 
     Inspector General, Hazardous Substance Superfund, and Leaking 
     Underground Storage Tank Trust Fund Program Accounts, are 
     available for the construction, alteration, repair, 
     rehabilitation, and renovation of facilities provided that 
     the cost does not exceed $85,000 per project.

                               TITLE III

                            RELATED AGENCIES

                       DEPARTMENT OF AGRICULTURE

                             Forest Service


                     forest and rangeland research

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

                       state and private forestry

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


                         National Forest System

                    (including rescission of funds)

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

                  capital improvement and maintenance


                     (including transfer of funds)

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


                            land acquisition

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


         acquisition of lands for national forests special acts

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

            acquisition of lands to complete land exchanges

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


                         range betterment fund

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


    gifts, donations and bequests for forest and rangeland research

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


        management of national forest lands for subsistence uses

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


                        wildland fire management

                     (including transfers of funds)

       For necessary expenses for forest fire presuppression 
     activities on National Forest System lands, for emergency 
     fire suppression on or adjacent to such lands or other lands 
     under fire protection agreement, hazardous fuels reduction on 
     or adjacent to such lands, and for emergency rehabilitation 
     of burned-over National Forest System lands and water, 
     $2,131,630,000, to remain available until expended: Provided, 
     That such funds including unobligated balances under this 
     heading, are available for repayment of advances from other 
     appropriations accounts previously transferred for such 
     purposes: Provided further, That such funds shall be 
     available to reimburse State and other cooperating entities 
     for services provided in response to wildfire and other 
     emergencies or disasters to the extent such reimbursements by 
     the Forest Service for non-fire emergencies are fully repaid 
     by the responsible emergency management agency: Provided 
     further, That, notwithstanding any other provision of law, 
     $8,000,000 of funds appropriated under this appropriation 
     shall be used for Fire Science Research in support of the 
     Joint Fire Science Program: Provided further, That all 
     authorities for the use of funds, including the use of 
     contracts, grants, and cooperative agreements, available to 
     execute the Forest and Rangeland Research appropriation, are 
     also available in the utilization of these funds for Fire 
     Science Research: Provided further, That funds provided shall 
     be available for emergency rehabilitation and restoration, 
     hazardous fuels reduction activities in the urban-wildland 
     interface, support to Federal emergency response, and 
     wildfire suppression activities of the Forest Service: 
     Provided further, That of the funds provided, $328,086,000 is 
     for hazardous fuels reduction activities, $11,500,000 is for 
     rehabilitation and restoration, $23,917,000 is for research 
     activities and to make competitive research grants pursuant 
     to the Forest and Rangeland Renewable Resources Research Act, 
     as amended (16 U.S.C. 1641 et seq.), $55,000,000 is for State 
     fire assistance, $9,000,000 is for volunteer fire assistance, 
     $17,252,000 is for forest health activities on Federal lands 
     and $9,928,000 is for forest health activities on State and 
     private lands: Provided further, That amounts in this 
     paragraph may be transferred to the ``State and Private 
     Forestry'', ``National Forest System'', and ``Forest and 
     Rangeland Research'' accounts to fund State fire assistance, 
     volunteer fire assistance, forest health management, forest 
     and rangeland research, the Joint Fire Science Program, 
     vegetation and watershed management, heritage site 
     rehabilitation, and wildlife and fish habitat management and 
     restoration: Provided further, That up to $15,000,000 of the 
     funds provided under this heading for hazardous fuels 
     treatments may be transferred to and made a part of the 
     ``National Forest System'' account at the sole discretion of 
     the Chief of the Forest Service 30 days after notifying the 
     House and the Senate Committees on Appropriations: Provided 
     further, That the costs of implementing any cooperative 
     agreement between

[[Page 5664]]

     the Federal Government and any non-Federal entity may be 
     shared, as mutually agreed on by the affected parties: 
     Provided further, That in addition to funds provided for 
     State Fire Assistance programs, and subject to all 
     authorities available to the Forest Service under the State 
     and Private Forestry Appropriation, up to $15,000,000 may be 
     used on adjacent non-Federal lands for the purpose of 
     protecting communities when hazard reduction activities are 
     planned on national forest lands that have the potential to 
     place such communities at risk: Provided further, That funds 
     made available to implement the Community Forest Restoration 
     Act, Public Law 106-393, title VI, shall be available for use 
     on non-Federal lands in accordance with authorities available 
     to the Forest Service under the State and Private Forestry 
     Appropriation: Provided further, That the Secretary of the 
     Interior and the Secretary of Agriculture may authorize the 
     transfer of funds appropriated for wildland fire management, 
     in an aggregate amount not to exceed $10,000,000, between the 
     Departments when such transfers would facilitate and expedite 
     jointly funded wildland fire management programs and 
     projects: Provided further, That of the funds provided for 
     hazardous fuels reduction, not to exceed $5,000,000, may be 
     used to make grants, using any authorities available to the 
     Forest Service under the State and Private Forestry 
     appropriation, for the purpose of creating incentives for 
     increased use of biomass from national forest lands: Provided 
     further, That funds designated for wildfire suppression shall 
     be assessed for cost pools on the same basis as such 
     assessments are calculated against other agency programs.


               Administrative Provisions, Forest Service

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

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         Indian Health Service


                         Indian Health Services

       For expenses necessary to carry out the Act of August 5, 
     1954 (68 Stat. 674), the Indian Self-Determination Act, the 
     Indian Health Care Improvement Act, and titles II and III of 
     the Public Health Service Act with respect to the Indian 
     Health Service, $3,190,956,000, together with payments 
     received during the fiscal year pursuant to 42 U.S.C. 238(b) 
     and 238b for services furnished by the Indian Health Service: 
     Provided, That funds made available to tribes and tribal 
     organizations through contracts, grant agreements, or any 
     other agreements or compacts authorized by the Indian Self-
     Determination and Education Assistance Act of 1975 (25 U.S.C. 
     450), shall be deemed to be obligated at the time of the 
     grant or contract award and thereafter shall remain available 
     to the tribe or tribal organization without fiscal year 
     limitation: Provided further, That

[[Page 5665]]

     $634,477,000 for contract medical care, including $31,000,000 
     for the Indian Catastrophic Health Emergency Fund, shall 
     remain available until expended: Provided further, That no 
     less than $36,189,000 is provided for maintaining operations 
     of the urban Indian health program: Provided further, That of 
     the funds provided, up to $32,000,000 shall remain available 
     until expended for implementation of the loan repayment 
     program under section 108 of the Indian Health Care 
     Improvement Act: Provided further, That $16,391,000 is 
     provided for the methamphetamine and suicide prevention and 
     treatment initiative and $7,500,000 is provided for the 
     domestic violence prevention initiative and, notwithstanding 
     any other provision of law, the amounts available under this 
     proviso shall be allocated at the discretion of the Director 
     of the Indian Health Service and shall remain available until 
     expended: Provided further, That funds provided in this Act 
     may be used for one-year contracts and grants which are to be 
     performed in two fiscal years, so long as the total 
     obligation is recorded in the year for which the funds are 
     appropriated: Provided further, That the amounts collected by 
     the Secretary of Health and Human Services under the 
     authority of title IV of the Indian Health Care Improvement 
     Act shall remain available until expended for the purpose of 
     achieving compliance with the applicable conditions and 
     requirements of titles XVIII and XIX of the Social Security 
     Act (exclusive of planning, design, or construction of new 
     facilities): Provided further, That funding contained herein, 
     and in any earlier appropriations Acts for scholarship 
     programs under the Indian Health Care Improvement Act (25 
     U.S.C. 1613) shall remain available until expended: Provided 
     further, That amounts received by tribes and tribal 
     organizations under title IV of the Indian Health Care 
     Improvement Act shall be reported and accounted for and 
     available to the receiving tribes and tribal organizations 
     until expended: Provided further, That, notwithstanding any 
     other provision of law, of the amounts provided herein, not 
     to exceed $282,398,000 shall be for payments to tribes and 
     tribal organizations for contract or grant support costs 
     associated with contracts, grants, self-governance compacts, 
     or annual funding agreements between the Indian Health 
     Service and a tribe or tribal organization pursuant to the 
     Indian Self-Determination Act of 1975, as amended, prior to 
     or during fiscal year 2009, of which not to exceed $5,000,000 
     may be used for contract support costs associated with new or 
     expanded self-determination contracts, grants, self-
     governance compacts, or annual funding agreements: Provided 
     further, That the Bureau of Indian Affairs may collect from 
     the Indian Health Service, tribes and tribal organizations 
     operating health facilities pursuant to Public Law 93-638, 
     such individually identifiable health information relating to 
     disabled children as may be necessary for the purpose of 
     carrying out its functions under the Individuals with 
     Disabilities Education Act (20 U.S.C. 1400, et seq.): 
     Provided further, That the Indian Health Care Improvement 
     Fund may be used, as needed, to carry out activities 
     typically funded under the Indian Health Facilities account.


                        Indian Health Facilities

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


            administrative provisions, indian health service

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

                     National Institutes of Health


          National Institute of Environmental Health Sciences

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

            Agency for Toxic Substances and Disease Registry


            Toxic Substances and Environmental Public Health

       For necessary expenses for the Agency for Toxic Substances 
     and Disease Registry (ATSDR) in carrying out activities set 
     forth in sections 104(i) and 111(c)(4) of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (CERCLA), as amended; section 118(f) of the Superfund 
     Amendments and Reauthorization Act of 1986 (SARA), as 
     amended; and section

[[Page 5666]]

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

                         OTHER RELATED AGENCIES

                   Executive Office of the President

  council on environmental quality and office of environmental quality

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

             Chemical Safety and Hazard Investigation Board


                         Salaries and Expenses

                     (including transfer of funds)

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

              Office of Navajo and Hopi Indian Relocation


                         salaries and expenses

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

    Institute of American Indian and Alaska Native Culture and Arts 
                              Development

                        payment to the institute

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

                        Smithsonian Institution


                         salaries and expenses

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

                           facilities capital

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


                              Legacy Fund

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

                        National Gallery of Art


                         salaries and expenses

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


            repair, restoration and renovation of buildings

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

             John F. Kennedy Center for the Performing Arts


                       operations and maintenance

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


                     capital repair and restoration

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

[[Page 5667]]



            Woodrow Wilson International Center for Scholars

                         salaries and expenses

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

           National Foundation on the Arts and the Humanities

                    National Endowment for the Arts


                       grants and administration

                     (including transfer of funds)

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

                 National Endowment for the Humanities


                       Grants and Administration

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


                        Administrative Provision

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

                        Commission of Fine Arts

                         salaries and expenses

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


               National Capital Arts and Cultural Affairs

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

               Advisory Council on Historic Preservation


                         salaries and expenses

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

                  National Capital Planning Commission


                         salaries and expenses

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

                United States Holocaust Memorial Museum


                       holocaust memorial museum

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

                             Presidio Trust


                          Presidio Trust Fund

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

                Dwight D. Eisenhower Memorial Commission


                         Salaries and Expenses

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

                                TITLE IV

                           GENERAL PROVISIONS


                     (including transfers of funds)

       Sec. 401. The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract, 
     pursuant to 5 U.S.C. 3109, shall be limited to those 
     contracts where such expenditures are a matter of public 
     record and available for public inspection, except where 
     otherwise provided under existing law, or under existing 
     Executive Order issued pursuant to existing law.
       Sec. 402. No part of any appropriation contained in this 
     Act shall be available for any activity or the publication or 
     distribution of literature that in any way tends to promote 
     public support or opposition to any legislative proposal on 
     which Congressional action is not complete other than to 
     communicate to Members of Congress as described in 18 U.S.C. 
     1913.
       Sec. 403. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 404. None of the funds provided in this Act to any 
     department or agency shall be obligated or expended to 
     provide a personal cook, chauffeur, or other personal 
     servants to any officer or employee of such department or 
     agency except as otherwise provided by law.
       Sec. 405. Estimated overhead charges, deductions, reserves 
     or holdbacks from programs, projects, activities and 
     subactivities to support government-wide, departmental, 
     agency or bureau administrative functions or headquarters, 
     regional or central operations shall be presented in annual 
     budget justifications and subject to approval by the 
     Committees on Appropriations. Changes to such estimates shall 
     be presented to the Committees on Appropriations for 
     approval.
       Sec. 406. None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government except pursuant to a transfer 
     made by, or transfer provided in, this Act or any other Act.
       Sec. 407. None of the funds in this Act may be used to 
     plan, prepare, or offer for sale timber from trees classified 
     as giant sequoia (Sequoiadendron giganteum) which are located 
     on National Forest System or Bureau of Land Management lands 
     in a manner different than such sales were conducted in 
     fiscal year 2006.
       Sec. 408. (a) Limitation of Funds.--None of the funds 
     appropriated or otherwise made available pursuant to this Act 
     shall be obligated or expended to accept or process 
     applications for a patent for any mining or mill site claim 
     located under the general mining laws.
       (b) Exceptions.--The provisions of subsection (a) shall not 
     apply if the Secretary of the Interior determines that, for 
     the claim concerned: (1) a patent application was filed with 
     the Secretary on or before September 30, 1994; and (2) all 
     requirements established under sections 2325 and 2326 of the 
     Revised Statutes (30 U.S.C. 29 and 30) for vein or lode 
     claims and sections 2329, 2330, 2331, and 2333 of the Revised 
     Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and 
     section 2337 of the Revised Statutes (30 U.S.C. 42) for mill 
     site claims, as the case may be, were fully complied with by 
     the applicant by that date.
       (c) Report.--On September 30, 2009, the Secretary of the 
     Interior shall file with the House and Senate Committees on 
     Appropriations and the Committee on Natural Resources of the 
     House of Representatives and the Committee on Energy and 
     Natural Resources of the Senate a report on actions taken by 
     the Department under the plan submitted pursuant to section 
     314(c) of the Department of the Interior and Related Agencies 
     Appropriations Act, 1997 (Public Law 104-208).
       (d) Mineral Examinations.--In order to process patent 
     applications in a timely and responsible manner, upon the 
     request of a patent applicant, the Secretary of the Interior 
     shall allow the applicant to fund a qualified third-party 
     contractor to be selected by the Bureau of Land Management to 
     conduct a mineral examination of the mining claims

[[Page 5668]]

     or mill sites contained in a patent application as set forth 
     in subsection (b). The Bureau of Land Management shall have 
     the sole responsibility to choose and pay the third-party 
     contractor in accordance with the standard procedures 
     employed by the Bureau of Land Management in the retention of 
     third-party contractors.
       Sec. 409. Notwithstanding any other provision of law, 
     amounts appropriated to or otherwise designated in committee 
     reports for the Bureau of Indian Affairs and the Indian 
     Health Service by Public Laws 103-138, 103-332, 104-134, 104-
     208, 105-83, 105-277, 106-113, 106-291, 107-63, 108-7, 108-
     108, 108-447, 109-54, 109-289, division B and Continuing 
     Appropriations Resolution, 2007 (division B of Public Law 
     109-289, as amended by Public Laws 110-5 and 110-28), and 
     Public Law 110-161 for payments for contract support costs 
     associated with self-determination or self-governance 
     contracts, grants, compacts, or annual funding agreements 
     with the Bureau of Indian Affairs or the Indian Health 
     Service as funded by such Acts, are the total amounts 
     available for fiscal years 1994 through 2008 for such 
     purposes, except that for the Bureau of Indian Affairs, 
     tribes and tribal organizations may use their tribal priority 
     allocations for unmet contract support costs of ongoing 
     contracts, grants, self-governance compacts, or annual 
     funding agreements.
       Sec. 410. Prior to October 1, 2009, the Secretary of 
     Agriculture shall not be considered to be in violation of 
     subparagraph 6(f)(5)(A) of the Forest and Rangeland Renewable 
     Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) 
     solely because more than 15 years have passed without 
     revision of the plan for a unit of the National Forest 
     System. Nothing in this section exempts the Secretary from 
     any other requirement of the Forest and Rangeland Renewable 
     Resources Planning Act (16 U.S.C. 1600 et seq.) or any other 
     law: Provided, That if the Secretary is not acting 
     expeditiously and in good faith, within the funding 
     available, to revise a plan for a unit of the National Forest 
     System, this section shall be void with respect to such plan 
     and a court of proper jurisdiction may order completion of 
     the plan on an accelerated basis.
       Sec. 411. No funds provided in this Act may be expended to 
     conduct preleasing, leasing and related activities under 
     either the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the 
     Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) 
     within the boundaries of a National Monument established 
     pursuant to the Act of June 8, 1906 (16 U.S.C. 431 et seq.) 
     as such boundary existed on January 20, 2001, except where 
     such activities are allowed under the Presidential 
     proclamation establishing such monument.
       Sec. 412. In entering into agreements with foreign 
     countries pursuant to the Wildfire Suppression Assistance Act 
     (42 U.S.C. 1856m) the Secretary of Agriculture and the 
     Secretary of the Interior are authorized to enter into 
     reciprocal agreements in which the individuals furnished 
     under said agreements to provide wildfire services are 
     considered, for purposes of tort liability, employees of the 
     country receiving said services when the individuals are 
     engaged in fire suppression: Provided, That the Secretary of 
     Agriculture or the Secretary of the Interior shall not enter 
     into any agreement under this provision unless the foreign 
     country (either directly or through its fire organization) 
     agrees to assume any and all liability for the acts or 
     omissions of American firefighters engaged in firefighting in 
     a foreign country: Provided further, That when an agreement 
     is reached for furnishing fire fighting services, the only 
     remedies for acts or omissions committed while fighting fires 
     shall be those provided under the laws of the host country, 
     and those remedies shall be the exclusive remedies for any 
     claim arising out of fighting fires in a foreign country: 
     Provided further, That neither the sending country nor any 
     legal organization associated with the firefighter shall be 
     subject to any legal action whatsoever pertaining to or 
     arising out of the firefighter's role in fire suppression.
       Sec. 413. In awarding a Federal contract with funds made 
     available by this Act, notwithstanding Federal Government 
     procurement and contracting laws, the Secretary of 
     Agriculture and the Secretary of the Interior (the 
     ``Secretaries'') may, in evaluating bids and proposals, give 
     consideration to local contractors who are from, and who 
     provide employment and training for, dislocated and displaced 
     workers in an economically disadvantaged rural community, 
     including those historically timber-dependent areas that have 
     been affected by reduced timber harvesting on Federal lands 
     and other forest-dependent rural communities isolated from 
     significant alternative employment opportunities: Provided, 
     That notwithstanding Federal Government procurement and 
     contracting laws the Secretaries may award contracts, grants 
     or cooperative agreements to local non-profit entities, Youth 
     Conservation Corps or related partnerships with State, local 
     or non-profit youth groups, or small or micro-business or 
     disadvantaged business: Provided further, That the contract, 
     grant, or cooperative agreement is for forest hazardous fuels 
     reduction, watershed or water quality monitoring or 
     restoration, wildlife or fish population monitoring, or 
     habitat restoration or management: Provided further, That the 
     terms ``rural community'' and ``economically disadvantaged'' 
     shall have the same meanings as in section 2374 of Public Law 
     101-624: Provided further, That the Secretaries shall develop 
     guidance to implement this section: Provided further, That 
     nothing in this section shall be construed as relieving the 
     Secretaries of any duty under applicable procurement laws, 
     except as provided in this section.
       Sec. 414. None of the funds made available by this or any 
     other Act may be used in fiscal year 2009 for competitive 
     sourcing studies and any related activities involving Forest 
     Service personnel.
       Sec. 415. Unless otherwise provided herein, no funds 
     appropriated in this Act for the acquisition of lands or 
     interests in lands may be expended for the filing of 
     declarations of taking or complaints in condemnation without 
     the approval of the House and Senate Committees on 
     Appropriations: Provided, That this provision shall not apply 
     to funds appropriated to implement the Everglades National 
     Park Protection and Expansion Act of 1989, or to funds 
     appropriated for Federal assistance to the State of Florida 
     to acquire lands for Everglades restoration purposes.
       Sec. 416. None of the funds made available under this Act 
     may be used to promulgate or implement the Environmental 
     Protection Agency proposed regulations published in the 
     Federal Register on January 3, 2007 (72 Fed. Reg. 69).
       Sec. 417. Section 337(a) of the Department of the Interior 
     and Related Agencies Appropriations Act, 2005 (Public Law 
     108-447; 118 Stat. 3012) is amended by striking ``September 
     30, 2006'' and inserting ``September 30, 2010''.
       Sec. 418. Section 330 of Public Law 106-291 concerning 
     Service First authorities (114 Stat. 996), as amended by 
     section 428 of Public Law 109-54 (119 Stat. 555-556), is 
     further amended by striking ``2008'' and inserting in lieu 
     thereof ``2011''.
       Sec. 419. Section 422 of title IV of division F of Public 
     Law 110-161 is amended by inserting after ``fiscal year 
     2007'' the following: ``and subsequent fiscal years through 
     fiscal year 2014''.
       Sec. 420. In addition to the amounts otherwise provided to 
     the Environmental Protection Agency in this Act, $8,000,000, 
     to remain available until expended, is provided to EPA to be 
     transferred to the Department of the Navy for clean-up 
     activities at the Treasure Island Naval Station--Hunters 
     Point Annex.
       Sec. 421. The boundaries of the Tongass National Forest in 
     the State of Alaska are modified to include the approximately 
     1,043.38 acres of land acquired by the United States from the 
     Alaska Mental Health Trust Authority, which is more 
     particularly described as lots 1-B and 1-C, Mt. Verstovia-
     Gavan Hill Subdivision of U.S. Survey No. 3858 and U.S. 
     Survey No. 3849.
       Sec. 422. Title V of the Forest Service Realignment and 
     Enhancement Act, 2005, Public Law 109-54, 119 Stat. 559-563; 
     16 U.S.C. 580d note, is amended as follows:
       (1) In section 503, subsection (f) by striking ``2008'' and 
     inserting in lieu thereof ``2011'' and;
       (2) In section 504--
       (A) in subsection (a)(3) by striking in whole, and 
     inserting in lieu thereof ``Terms, conditions, and 
     reservations.--The conveyance of an administrative site under 
     this title shall be subject to such terms, conditions, and 
     reservations as the Secretary determines to be necessary to 
     protect the public interest'';
       (B) in subsection (d)(1) by striking ``Subchapter I of 
     chapter 5'', and inserting in lieu thereof ``Chapter 5 of 
     subtitle I''; and
       (C) in subsection (d)(4)(B) by striking in whole, and 
     inserting in lieu thereof ``determine whether to include 
     terms, conditions, and reservations under subsection (a)(3); 
     and''.
       Sec. 423. Lake Tahoe Basin Hazardous Fuel Reduction 
     Projects. (a) Hereafter, subject to subsection (b), a 
     proposal to authorize a hazardous fuel reduction project, not 
     to exceed 5,000 acres, including no more than 1,500 acres of 
     mechanical thinning, on the Lake Tahoe Basin Management Unit 
     may be categorically excluded from documentation in an 
     environmental impact statement or an environmental assessment 
     under the National Environmental Policy Act of 1969 (NEPA) 
     (42 U.S.C. 4321 et seq.) if the project:
       (1) is consistent with the Lake Tahoe Basin Multi-
     Jurisdictional Fuel Reduction and Wildfire Prevention 
     Strategy published in December 2007 and any subsequent 
     revisions to the Strategy;
       (2) is not conducted in any wilderness areas; and
       (3) does not involve any new permanent roads.
       (b) A proposal that is categorically excluded under this 
     section shall be subject to--
       (1) the extraordinary circumstances procedures established 
     by the Forest Service pursuant to section 1508.4 of title 40, 
     Code of Federal Regulations; and
       (2) an opportunity for public input.
       Sec. 424. Not later than June 30, 2009, the Administrator 
     of the Environmental Protection Agency shall reconsider, and 
     confirm or reverse, the decision to deny the request of the 
     State of California to regulate greenhouse gas emissions from 
     new motor vehicles.

[[Page 5669]]

       Sec. 425. Toxics Release Inventory Reporting. 
     Notwithstanding any other provision of law--
       (1) none of the funds made available by this or any other 
     Act may, hereafter, be used to implement the final rule 
     promulgated by the Administrator of the Environmental 
     Protection Agency entitled ``Toxics Release Inventory Burden 
     Reduction Final Rule'' (71 Fed. Reg. 76932); and
       (2) the final rule described in paragraph (1) shall have no 
     force or effect. The affected regulatory text shall revert to 
     what it was before the final rule described in paragraph (1) 
     became effective, until any future action taken by the 
     Administrator.
       Sec. 426. Section 325 of Public Law 108-108 is amended by 
     striking ``fiscal years 2004-2008'' and inserting ``fiscal 
     year 2009.''
       Sec. 427. The Secretary of Agriculture and the Secretary of 
     the Interior shall execute an agreement that transfers 
     management and oversight including transfer of function for 
     the workforce, of the Centennial, Collbran, Columbia Basin, 
     Fort Simcoe, Treasure Lake, and Weber Basin Job Corps Centers 
     to the Forest Service. These Job Corps centers shall continue 
     to be administered as described in section 147(c) of Public 
     Law 105-220, Workforce Investment Act of 1998.
       Sec. 428. Section 434 of division F of Public Law 110-161 
     is amended by striking paragraph (3) and inserting a new 
     paragraph (3) as follows:
       ``(3) By adding at the end the following:
       ```(m) Section 106 of Public Law 108-148 shall apply to all 
     projects authorized by this Act. Sections 104 and 105 of 
     Public Law 108-148 may be applied to projects authorized by 
     this Act.'.''.
       Sec. 429. (a) During the 60-day period beginning on the 
     date of the enactment of this Act--
       (1) the Secretary of the Interior and the Secretary of 
     Commerce may withdraw or reissue the rule described in 
     subsection (c)(1) without regard to any provision of statute 
     or regulation that establishes a requirement for such 
     withdrawal; and
       (2) the Secretary of the Interior may withdraw or reissue 
     the rule referred to in subsection (c)(2) without regard to 
     any provision of statute or regulation that establishes a 
     requirement for such withdrawal.
       (b) If the Secretary of the Interior or the Secretary of 
     Commerce (or both) withdraws a rule under subsection (a), 
     such Secretary shall implement the provisions of law under 
     which the rule was issued in accordance with the regulations 
     in effect under such provisions immediately before the 
     effective date of such rule, except as otherwise provided by 
     any Act or rule that takes effect after the effective date of 
     the rule that is withdrawn.
       (c) The rules referred to in subsection (a) are the 
     following:
       (1) The final rule relating to ``Interagency Cooperation 
     under the Endangered Species Act'', issued by the United 
     States Fish and Wildlife Service and the National Marine 
     Fisheries Service and signed November 26, 2008, by the 
     Assistant Secretary of Fish and Wildlife and Parks of the 
     Department of the Interior and the Deputy Assistant 
     Administrator for the Regulatory Programs of the National 
     Marine Fisheries Service.
       (2) The final rule relating to ``Endangered and Threatened 
     Wildlife and Plants; Special Rule for the Polar Bear'', 
     issued by the Assistant Secretary of Fish and Wildlife and 
     Parks of the Department of the Interior on December 10, 2008.
       Sec. 430. Within the amounts appropriated in this division, 
     funding shall be allocated in the amounts specified for those 
     projects and purposes delineated in the table titled 
     ``Congressionally Directed Spending'' included in the 
     explanatory statement accompanying this Act (as described in 
     section 4, in the matter preceding division A of this 
     consolidated Act).
       This division may be cited as the ``Department of the 
     Interior, Environment, and Related Agencies Appropriations 
     Act, 2009''.

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

                                TITLE I

                          DEPARTMENT OF LABOR

                 Employment and Training Administration


                    Training and Employment Services

       For necessary expenses of the Workforce Investment Act of 
     1998 (``WIA''), the Denali Commission Act of 1998, and the 
     Women in Apprenticeship and Non-Traditional Occupations Act 
     of 1992, including the purchase and hire of passenger motor 
     vehicles, the construction, alteration, and repair of 
     buildings and other facilities, and the purchase of real 
     property for training centers as authorized by the WIA; 
     $3,626,448,000, plus reimbursements, shall be available. Of 
     the amounts provided:
       (1) for grants to States for adult employment and training 
     activities, youth activities, and dislocated worker 
     employment and training activities, $2,969,449,000 as 
     follows:
       (A) $861,540,000 for adult employment and training 
     activities, of which $149,540,000 shall be available for the 
     period July 1, 2009, through June 30, 2010, and of which 
     $712,000,000 shall be available for the period October 1, 
     2009 through June 30, 2010;
       (B) $924,069,000 for youth activities, which shall be 
     available for the period April 1, 2009 through June 30, 2010; 
     and
       (C) $1,183,840,000 for dislocated worker employment and 
     training activities, of which $335,840,000 shall be available 
     for the period July 1, 2009 through June 30, 2010, and of 
     which $848,000,000 shall be available for the period October 
     1, 2009 through June 30, 2010:

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

[[Page 5670]]




            Community Service Employment for Older Americans

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


              Federal Unemployment Benefits and Allowances

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


     State Unemployment Insurance and Employment Service Operations

       For authorized administrative expenses, $91,698,000, 
     together with not to exceed $3,563,167,000 which may be 
     expended from the Employment Security Administration Account 
     in the Unemployment Trust Fund (``the Trust Fund''), of 
     which:
       (1) $2,782,145,000 from the Trust Fund is for grants to 
     States for the administration of State unemployment insurance 
     laws as authorized under title III of the Social Security Act 
     (including $10,000,000 to conduct in-person reemployment and 
     eligibility assessments and unemployment insurance improper 
     payment reviews), the administration of unemployment 
     insurance for Federal employees and for ex-service members as 
     authorized under 5 U.S.C. 8501-8523, and the administration 
     of trade readjustment allowances and alternative trade 
     adjustment assistance under the Trade Act of 1974, and shall 
     be available for obligation by the States through December 
     31, 2009, except that funds used for automation acquisitions 
     shall be available for obligation by the States through 
     September 30, 2011, and funds used for unemployment insurance 
     workloads experienced by the States through September 30, 
     2009 shall be available for Federal obligation through 
     December 31, 2009;
       (2) $11,310,000 from the Trust Fund is for national 
     activities necessary to support the administration of the 
     Federal-State unemployment insurance system;
       (3) $680,893,000 from the Trust Fund, together with 
     $22,683,000 from the General Fund of the Treasury, is for 
     grants to States in accordance with section 6 of the Wagner-
     Peyser Act, and shall be available for Federal obligation for 
     the period July 1, 2009 through June 30, 2010;
       (4) $20,869,000 from the Trust Fund is for national 
     activities of the Employment Service, including 
     administration of the work opportunity tax credit under 
     section 51 of the Internal Revenue Code of 1986, and the 
     provision of technical assistance and staff training under 
     the Wagner-Peyser Act, including not to exceed $1,228,000 
     that may be used for amortization payments to States which 
     had independent retirement plans in their State employment 
     service agencies prior to 1980;
       (5) $67,950,000 from the Trust Fund is for the 
     administration of foreign labor certifications and related 
     activities under the Immigration and Nationality Act and 
     related laws, of which $52,821,000 shall be available for the 
     Federal administration of such activities, and $15,129,000 
     shall be available for grants to States for the 
     administration of such activities;
       (6) $51,720,000 from the General Fund is to provide 
     workforce information, national electronic tools, and one-
     stop system building under the Wagner-Peyser Act and section 
     171 (e)(2)(C) of the Workforce Investment Act of 1998 and 
     shall be available for Federal obligation for the period July 
     1, 2009 through June 30, 2010; and
       (7) $17,295,000 from the General Fund is to provide for 
     work incentive grants to the States and shall be available 
     for the period July 1, 2009 through June 30, 2010:

     Provided, That to the extent that the Average Weekly Insured 
     Unemployment (``AWIU'') for fiscal year 2009 is projected by 
     the Department of Labor to exceed 3,487,000, an additional 
     $28,600,000 from the Trust Fund shall be available for 
     obligation for every 100,000 increase in the AWIU level 
     (including a pro rata amount for any increment less than 
     100,000) to carry out title III of the Social Security Act: 
     Provided further, That funds appropriated in this Act that 
     are allotted to a State to carry out activities under title 
     III of the Social Security Act may be used by such State to 
     assist other States in carrying out activities under such 
     title III if the other States include areas that have 
     suffered a major disaster declared by the President under the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act: Provided further, That the Secretary of Labor may use 
     funds appropriated for grants to States under title III of 
     the Social Security Act to make payments on behalf of States 
     for the use of the National Directory of New Hires under 
     section 453(j)(8) of such Act: Provided further, That funds 
     appropriated in this Act which are used to establish a 
     national one-stop career center system, or which are used to 
     support the national activities of the Federal-State 
     unemployment insurance or immigration programs, may be 
     obligated in contracts, grants, or agreements with non-State 
     entities: Provided further, That funds appropriated under 
     this Act for activities authorized under title III of the 
     Social Security Act and the Wagner-Peyser Act may be used by 
     States to fund integrated Unemployment Insurance and 
     Employment Service automation efforts, notwithstanding cost 
     allocation principles prescribed under the Office of 
     Management and Budget Circular A-87: Provided further, That 
     the Secretary, at the request of a State participating in a 
     consortium with other States, may reallot funds allotted to 
     such State under title III of the Social Security Act to 
     other States participating in the consortium in order to 
     carry out activities that benefit the administration of the 
     unemployment compensation law of the State making the 
     request.
       In addition, $40,000,000 from the Employment Security 
     Administration Account of the Unemployment Trust Fund shall 
     be available to conduct in-person reemployment and 
     eligibility assessments and unemployment insurance improper 
     payment reviews: Provided, That not later than June 30, 2010, 
     the Secretary shall submit an interim report to the Congress 
     that includes available information on expenditures, number 
     of individuals assessed, and outcomes from the assessments: 
     Provided further, That not later than June 30, 2011, the 
     Secretary of Labor shall submit to the Congress a final 
     report containing comprehensive information on the estimated 
     savings that result from the assessments of claimants and 
     identification of best practices.


        Advances to the Unemployment Trust Fund and Other Funds

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


                         Program Administration

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

               Employee Benefits Security Administration


                         salaries and expenses

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

                  Pension Benefit Guaranty Corporation


               Pension Benefit Guaranty Corporation Fund

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

                  Employment Standards Administration

                         salaries and expenses

                         (including rescission)

       For necessary expenses for the Employment Standards 
     Administration, including

[[Page 5671]]

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

                            special benefits

                     (including transfer of funds)

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

     Provided further, That the Secretary may require that any 
     person filing a notice of injury or a claim for benefits 
     under 5 U.S.C. 81, or the Longshore and Harbor Workers' 
     Compensation Act, provide as part of such notice and claim, 
     such identifying information (including Social Security 
     account number) as such regulations may prescribe.


               Special Benefits for Disabled Coal Miners

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


    Administrative Expenses, Energy Employees Occupational Illness 
                           Compensation Fund

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


                    Black Lung Disability Trust Fund

                     (including transfer of funds)

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

             Occupational Safety and Health Administration


                         Salaries and Expenses

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

     Provided further, That the foregoing proviso shall not apply 
     to any person who is engaged in a farming operation which 
     does not maintain a temporary labor camp and employs 10 or 
     fewer employees: Provided further, That $10,000,000 shall be 
     available for Susan Harwood training grants, of which 
     $3,144,000 shall be used for the Institutional Competency 
     Building training grants awarded in February 2008, provided 
     that a grantee has demonstrated satisfactory performance: 
     Provided further, That such grants shall be awarded not later 
     than 30 days after the date of enactment of this Act.

                 Mine Safety and Health Administration


                         Salaries and Expenses

       For necessary expenses for the Mine Safety and Health 
     Administration, $347,003,000, including purchase and bestowal 
     of certificates and trophies in connection with mine rescue 
     and first-aid work, and the hire of passenger motor vehicles, 
     including up to $2,000,000 for mine rescue and recovery 
     activities, and $1,808,000 to continue the project with the 
     United Mine Workers of America, for classroom and simulated 
     rescue training for mine rescue teams; in addition, not to 
     exceed $750,000 may be collected by the National Mine Health 
     and Safety Academy for room,

[[Page 5672]]

     board, tuition, and the sale of training materials, otherwise 
     authorized by law to be collected, to be available for mine 
     safety and health education and training activities, 
     notwithstanding 31 U.S.C. 3302; and, in addition, the Mine 
     Safety and Health Administration may retain up to $1,000,000 
     from fees collected for the approval and certification of 
     equipment, materials, and explosives for use in mines, and 
     may utilize such sums for such activities; the Secretary of 
     Labor is authorized to accept lands, buildings, equipment, 
     and other contributions from public and private sources and 
     to prosecute projects in cooperation with other agencies, 
     Federal, State, or private; the Mine Safety and Health 
     Administration is authorized to promote health and safety 
     education and training in the mining community through 
     cooperative programs with States, industry, and safety 
     associations; the Secretary is authorized to recognize the 
     Joseph A. Holmes Safety Association as a principal safety 
     association and, notwithstanding any other provision of law, 
     may provide funds and, with or without reimbursement, 
     personnel, including service of Mine Safety and Health 
     Administration officials as officers in local chapters or in 
     the national organization; and any funds available to the 
     Department of Labor may be used, with the approval of the 
     Secretary, to provide for the costs of mine rescue and 
     survival operations in the event of a major disaster.

                       Bureau of Labor Statistics


                         Salaries and Expenses

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

                 Office of Disability Employment Policy


                         salaries and expenses

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

                        Departmental Management


                         Salaries and Expenses

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


                          office of job corps

       To carry out subtitle C of title I of the Workforce 
     Investment Act of 1998, including Federal administrative 
     expenses, the purchase and hire of passenger motor vehicles, 
     the construction, alteration and repairs of buildings and 
     other facilities, and the purchase of real property for 
     training centers as authorized by the Workforce Investment 
     Act; $1,683,938,000, plus reimbursements, as follows:
       (1) $1,540,276,000 for Job Corps Operations, of which 
     $949,276,000 shall be available for obligation for the period 
     July 1, 2009 through June 30, 2010 and of which $591,000,000 
     shall be available for obligation for the period October 1, 
     2009 through June 30, 2010;
       (2) $115,000,000 for construction, rehabilitation and 
     acquisition of Job Corps Centers, of which $15,000,000 shall 
     be available for the period July 1, 2009 through June 30, 
     2012 and $100,000,000 shall be available for the period 
     October 1, 2009 through June 30, 2012; and
       (3) $28,662,000 for necessary expenses of the Office of Job 
     Corps shall be available for obligation for the period 
     October 1, 2008 through September 30, 2009:

     Provided, That the Office of Job Corps shall have contracting 
     authority: Provided further, That no funds from any other 
     appropriation shall be used to provide meal services at or 
     for Job Corps centers.


                    Veterans Employment and Training

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


                      Office of Inspector General

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

                           General Provisions

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


                          (transfer of funds)

       Sec. 102. Not to exceed 1 percent of any discretionary 
     funds (pursuant to the Balanced Budget and Emergency Deficit 
     Control Act of 1985) which are appropriated for the current 
     fiscal year for the Department of Labor in this Act may be 
     transferred between a program, project, or activity, but no 
     such program, project, or activity shall be increased by more 
     than 3 percent by any such transfer: Provided, That the 
     transfer authority granted by this section shall be available 
     only to meet emergency needs and shall not be used to create 
     any new program or to fund any project or activity for which 
     no funds are provided in this Act: Provided further, That the 
     Committees on Appropriations of the House of Representatives 
     and the Senate are notified at least 15 days in advance of 
     any transfer.
       Sec. 103. In accordance with Executive Order No. 13126, 
     none of the funds appropriated or otherwise made available 
     pursuant to this Act shall be obligated or expended for the 
     procurement of goods mined, produced, manufactured, or 
     harvested or services rendered, whole or in part, by forced 
     or indentured child labor in industries and host countries 
     already identified by the United States Department of Labor 
     prior to enactment of this Act.
       Sec. 104.  After September 30, 2008, the Secretary of Labor 
     shall issue a monthly transit subsidy of not less than the 
     full amount (of not less than $115) that each of its 
     employees of the National Capital Region is eligible to 
     receive.
       Sec. 105. None of the funds appropriated in this title for 
     grants under section 171 of the Workforce Investment Act of 
     1998 may be obligated prior to the preparation and submission 
     of a report by the Secretary of Labor to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     detailing the planned uses of such funds.
       Sec. 106. There is authorized to be appropriated such sums 
     as may be necessary to the Denali Commission through the 
     Department of Labor to conduct job training of the local 
     workforce where Denali Commission projects will be 
     constructed.
       Sec. 107. None of the funds made available to the 
     Department of Labor for grants under section 414(c) of the 
     American Competitiveness and Workforce Improvement Act of 
     1998 may be used for any purpose other than training in the 
     occupations and industries for which employers are using H-1B 
     visas to hire foreign workers, and the related activities 
     necessary to support such training: Provided, That the 
     preceding limitation shall not apply to multi-year grants 
     awarded prior to June 30, 2007.
       Sec. 108. None of the funds available in this Act or 
     available to the Secretary of Labor from other sources for 
     Community-Based Job Training grants and grants authorized 
     under section 414(c) of the American Competitiveness and 
     Workforce Improvement Act of 1998 shall be obligated for a 
     grant awarded on a non-competitive basis.
       Sec. 109. The Secretary of Labor shall take no action to 
     amend, through regulatory or administration action, the 
     definition established in section 667.220 of title 20 of the 
     Code of Federal Regulations for functions and activities 
     under title I of the Workforce Investment Act of 1998, or to 
     modify, through regulatory or administrative action, the 
     procedure for redesignation of local areas as specified in 
     subtitle B of title I of that Act (including applying the 
     standards specified in section 116(a)(3)(B) of that Act, but 
     notwithstanding the time limits specified in section 
     116(a)(3)(B) of that Act), until such time as legislation 
     reauthorizing the Act is enacted. Nothing in the preceding 
     sentence shall permit or require the Secretary to withdraw 
     approval for such redesignation from a State that received 
     the approval not later than October 12, 2005, or to revise 
     action taken or modify the redesignation procedure being used 
     by the Secretary in order to complete such redesignation for 
     a State that initiated

[[Page 5673]]

     the process of such redesignation by submitting any request 
     for such redesignation not later than October 26, 2005.
       Sec. 110. None of the funds made available in this or any 
     other Act shall be available to finalize or implement any 
     proposed regulation under the Workforce Investment Act of 
     1998, Wagner-Peyser Act of 1933, or the Trade Adjustment 
     Assistance Reform Act of 2002 until such time as legislation 
     reauthorizing the Workforce Investment Act of 1998 and the 
     Trade Adjustment Assistance Reform Act of 2002 is enacted.
       Sec. 111.  None of the funds appropriated in this Act under 
     the heading ``Employment and Training Administration'' shall 
     be used by a recipient or subrecipient of such funds to pay 
     the salary and bonuses of an individual, either as direct 
     costs or indirect costs, at a rate in excess of Executive 
     Level II. This limitation shall not apply to vendors 
     providing goods and services as defined in Office of 
     Management and Budget Circular A-133. Where States are 
     recipients of such funds, States may establish a lower limit 
     for salaries and bonuses of those receiving salaries and 
     bonuses from subrecipients of such funds, taking into account 
     factors including the relative cost-of-living in the State, 
     the compensation levels for comparable State or local 
     government employees, and the size of the organizations that 
     administer Federal programs involved including Employment and 
     Training Administration programs.
       This title may be cited as the ``Department of Labor 
     Appropriations Act, 2009''.

                                TITLE II

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration


                     Health Resources and Services

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


           Health Education Assistance Loans Program Account

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


             Vaccine Injury Compensation Program Trust Fund

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

               Centers for Disease Control and Prevention

                disease control, research, and training

       To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, 
     and XXVI of the Public Health Service Act (``PHS Act''), 
     sections 101, 102, 103, 201, 202, 203, 301, 501, and 514 of 
     the Federal Mine Safety and Health Act of 1977, section 13 of 
     the Mine Improvement and New Emergency Response Act of 2006, 
     sections 20, 21, and 22 of the Occupational Safety and Health 
     Act of 1970, title IV of the Immigration and Nationality Act, 
     section 501 of the Refugee Education Assistance Act of 1980, 
     and for expenses necessary to support activities related to 
     countering potential biological, nuclear, radiological, and 
     chemical threats to civilian populations; including purchase 
     and insurance of official motor vehicles in foreign 
     countries; and purchase, hire, maintenance, and operation of 
     aircraft, $6,283,350,000, of which $151,500,000 shall remain 
     available until expended for acquisition of real property, 
     equipment, construction and renovation of facilities; of 
     which

[[Page 5674]]

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

                     National Institutes of Health


                       National Cancer Institute

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


               National Heart, Lung, and Blood Institute

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


         National Institute of Dental and Craniofacial Research

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


    National Institute of Diabetes and Digestive and Kidney Diseases

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


        National Institute of Neurological Disorders and Stroke

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


         National Institute of Allergy and Infectious Diseases

                     (including transfer of funds)

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


             National Institute of General Medical Sciences

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


  Eunice Kennedy Shriver National Institute of Child Health and Human 
                              Development

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


                         National Eye Institute

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


          National Institute of Environmental Health Sciences

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


                      National Institute on Aging

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


 National Institute of Arthritis and Musculoskeletal and Skin Diseases

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


    National Institute on Deafness and Other Communication Disorders

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


                 National Institute of Nursing Research

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


           National Institute on Alcohol Abuse and Alcoholism

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


                    National Institute on Drug Abuse

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


                  National Institute of Mental Health

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

[[Page 5675]]




                National Human Genome Research Institute

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


      National Institute of Biomedical Imaging and Bioengineering

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


                 National Center for Research Resources

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


       National Center for Complementary and Alternative Medicine

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


       National Center on Minority Health and Health Disparities

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


                  John E. Fogarty International Center

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


                      National Library of Medicine

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


                         Office of the Director

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


                        Buildings and Facilities

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

       Substance Abuse and Mental Health Services Administration


               substance abuse and mental health services

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

               Agency for Healthcare Research and Quality


                    Healthcare Research and Quality

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

               Centers for Medicare and Medicaid Services

                     grants to states for medicaid

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

                  payments to health care trust funds

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

                           program management

       For carrying out, except as otherwise provided, titles XI, 
     XVIII, XIX, and XXI of the Social Security Act, titles XIII 
     and XXVII of the Public Health Service Act (``PHS Act''), and 
     the Clinical Laboratory Improvement Amendments of 1988, not 
     to exceed $3,305,386,000, to be transferred from the Federal 
     Hospital Insurance Trust Fund and the Federal Supplementary 
     Medical Insurance Trust Fund, as authorized by section 201(g) 
     of the Social Security Act; together with all funds collected 
     in accordance with section 353 of the PHS Act and section 
     1857(e)(2) of the Social Security Act, funds retained by the 
     Secretary of Health and Human Services pursuant to section 
     302 of the Tax Relief and Health Care Act of 2006; and such 
     sums as may be collected from authorized user fees and the 
     sale of data, which shall be credited to this account and 
     remain available until expended: Provided, That all funds 
     derived in accordance with 31 U.S.C. 9701 from organizations 
     established under title XIII of the PHS Act shall be credited 
     to and available for carrying out the purposes of this 
     appropriation: Provided further, That $35,700,000, to remain 
     available through September 30, 2010, shall be for contract 
     costs for the Healthcare Integrated General Ledger Accounting 
     System: Provided further, That $108,900,000, to remain 
     available through September 30, 2010, shall be for the 
     Centers for Medicare and Medicaid Services (``CMS'') Medicare 
     contracting reform activities: Provided further, That funds 
     appropriated under this heading shall be available for the 
     Healthy Start, Grow Smart program under which the CMS may, 
     directly or through grants, contracts, or cooperative 
     agreements, produce and distribute informational materials 
     including,

[[Page 5676]]

     but not limited to, pamphlets and brochures on infant and 
     toddler health care to expectant parents enrolled in the 
     Medicaid program and to parents and guardians enrolled in 
     such program with infants and children: Provided further, 
     That the Secretary is directed to collect fees in fiscal year 
     2009 from Medicare Advantage organizations pursuant to 
     section 1857(e)(2) of the Social Security Act and from 
     eligible organizations with risk-sharing contracts under 
     section 1876 of that Act pursuant to section 1876(k)(4)(D) of 
     that Act: Provided further, That $4,542,000 shall be used for 
     the projects, and in the amounts, specified under the heading 
     ``Program Management'' in the explanatory statement described 
     in section 4 (in the matter preceding division A of this 
     consolidated Act): Provided further, That $75,000,000 is 
     available for the State high risk health insurance pool 
     program as authorized by the State High Risk Pool Funding 
     Extension Act of 2006.

              Health Care Fraud and Abuse Control Account

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

                Administration for Children and Families


  Payments to States for Child Support Enforcement and Family Support 
                                Programs

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


                     Refugee and Entrant Assistance

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


   Payments to States for the Child Care and Development Block Grant

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


                      Social Services Block Grant

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

                children and families services programs

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

[[Page 5677]]

     preceding proviso shall be made only to public and private 
     entities which agree that, with respect to an adolescent to 
     whom the entities provide abstinence education under such 
     grants, the entities will not provide to that adolescent any 
     other education regarding sexual conduct, except that, in the 
     case of an entity expressly required by law to provide health 
     information or services the adolescent shall not be precluded 
     from seeking health information or services from the entity 
     in a different setting than the setting in which abstinence 
     education was provided: Provided further, That information 
     provided through such competitive grants for abstinence 
     education shall be scientifically accurate and shall comply 
     with section 317P(c)(2) of the PHS Act: Provided further, 
     That within amounts provided herein for abstinence education 
     for adolescents, up to $10,000,000 may be available for a 
     national abstinence education campaign: Provided further, 
     That in addition to amounts provided herein for abstinence 
     education for adolescents, $4,455,000 shall be available from 
     amounts available under section 241 of the PHS Act to carry 
     out evaluations (including longitudinal evaluations) of 
     adolescent pregnancy prevention approaches: Provided further, 
     That up to $2,000,000 shall be for improving the Public 
     Assistance Reporting Information System, including grants to 
     States to support data collection for a study of the system's 
     effectiveness: Provided further, That $16,910,000 shall be 
     used for the projects, and in the amounts, specified under 
     the heading ``Children and Families Services Programs'' in 
     the explanatory statement described in section 4 (in the 
     matter preceding division A of this consolidated Act).


                   promoting safe and stable families

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


       Payments to States for Foster Care and Adoption Assistance

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

                        Administration on Aging


                        Aging Services Programs

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

                        Office of the Secretary

                    general departmental management


                     (including transfer of funds)

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


                office of medicare hearings and appeals

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

  office of the national coordinator for health information technology

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

                      office of inspector general

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

                        office for civil rights

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

     retirement pay and medical benefits for commissioned officers

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

            public health and social services emergency fund

                     (including transfer of funds)

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

[[Page 5678]]

     may be used for the construction or renovation of privately 
     owned facilities for the production of pandemic influenza 
     vaccines and other biologics, if the Secretary finds such 
     construction or renovation necessary to secure sufficient 
     supplies of such vaccines or biologics: Provided further, 
     That funds appropriated herein may be transferred to other 
     appropriation accounts of the Department of Health and Human 
     Services, as determined by the Secretary to be appropriate, 
     to be used for the purposes specified in this paragraph.

                           GENERAL PROVISIONS

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


                          (transfer of funds)

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


                          (transfer of funds)

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


                          (transfer of funds)

       Sec. 208. Of the amounts made available in this Act for the 
     National Institutes of Health, the amount for research 
     related to the human immunodeficiency virus, as jointly 
     determined by the Director of the National Institutes of 
     Health and the Director of the Office of AIDS Research, shall 
     be made available to the ``Office of AIDS Research'' account. 
     The Director of the Office of AIDS Research shall transfer 
     from such account amounts necessary to carry out section 
     2353(d)(3) of the Public Health Service Act.
       Sec. 209.  None of the funds appropriated in this Act may 
     be made available to any entity under title X of the Public 
     Health Service Act unless the applicant for the award 
     certifies to the Secretary of Health and Human Services that 
     it encourages family participation in the decision of minors 
     to seek family planning services and that it provides 
     counseling to minors on how to resist attempts to coerce 
     minors into engaging in sexual activities.
       Sec. 210. Notwithstanding any other provision of law, no 
     provider of services under title X of the Public Health 
     Service Act shall be exempt from any State law requiring 
     notification or the reporting of child abuse, child 
     molestation, sexual abuse, rape, or incest.
       Sec. 211. None of the funds appropriated by this Act 
     (including funds appropriated to any trust fund) may be used 
     to carry out the Medicare Advantage program if the Secretary 
     of Health and Human Services denies participation in such 
     program to an otherwise eligible entity (including a Provider 
     Sponsored Organization) because the entity informs the 
     Secretary that it will not provide, pay for, provide coverage 
     of, or provide referrals for abortions: Provided, That the 
     Secretary shall make appropriate prospective adjustments to 
     the capitation payment to such an entity (based on an 
     actuarially sound estimate of the expected costs of providing 
     the service to such entity's enrollees): Provided further, 
     That nothing in this section shall be construed to change the 
     Medicare program's coverage for such services and a Medicare 
     Advantage organization described in this section shall be 
     responsible for informing enrollees where to obtain 
     information about all Medicare covered services.
       Sec. 212. (a) Except as provided by subsection (e) none of 
     the funds appropriated by this Act may be used to withhold 
     substance abuse funding from a State pursuant to section 1926 
     of the Public Health Service Act if such State certifies to 
     the Secretary of Health and Human Services by May 1, 2009, 
     that the State will commit additional State funds, in 
     accordance with subsection (b), to ensure compliance with 
     State laws prohibiting the sale of tobacco products to 
     individuals under 18 years of age.
       (b) The amount of funds to be committed by a State under 
     subsection (a) shall be equal to 1 percent of such State's 
     substance abuse block grant allocation for each percentage 
     point by which the State misses the retailer compliance rate 
     goal established by the Secretary under section 1926 of such 
     Act.
       (c) The State is to maintain State expenditures in fiscal 
     year 2009 for tobacco prevention programs and for compliance 
     activities at a level that is not less than the level of such 
     expenditures maintained by the State for fiscal year 2008, 
     and adding to that level the additional funds for tobacco 
     compliance activities required under subsection (a). The 
     State is to submit a report to the Secretary on all fiscal 
     year 2008 State expenditures and all fiscal year 2009 
     obligations for tobacco prevention and compliance activities 
     by program activity by July 31, 2009.
       (d) The Secretary shall exercise discretion in enforcing 
     the timing of the State obligation of the additional funds 
     required by the certification described in subsection (a) as 
     late as July 31, 2009.
       (e) None of the funds appropriated by this Act may be used 
     to withhold substance abuse funding pursuant to section 1926 
     of the Public Health Service Act from a territory that 
     receives less than $1,000,000.
       Sec. 213. In order for the Department of Health and Human 
     Services to carry out international health activities, 
     including HIV/AIDS and other infectious disease, chronic and 
     environmental disease, and other health activities abroad 
     during fiscal year 2009:
       (1) The Secretary of Health and Human Services may exercise 
     authority equivalent to that available to the Secretary of 
     State in section 2(c) of the State Department Basic 
     Authorities Act of 1956. The Secretary of Health and Human 
     Services shall consult with the Secretary of State and 
     relevant Chief of Mission to ensure that the authority 
     provided in this section is exercised in a manner consistent 
     with section 207 of the Foreign Service Act of 1980 and other 
     applicable statutes administered by the Department of State.
       (2) The Secretary of Health and Human Services is 
     authorized to provide such funds by advance or reimbursement 
     to the Secretary of State as may be necessary to pay the 
     costs of acquisition, lease, alteration, renovation, and 
     management of facilities outside of the United States for the 
     use of the Department of Health and Human Services. The 
     Department of State shall cooperate fully with the Secretary 
     of Health and Human Services to ensure that the Department of 
     Health and Human Services has secure, safe, functional 
     facilities that comply with applicable regulation governing 
     location, setback, and other facilities requirements and 
     serve the purposes established by this Act. The Secretary of 
     Health and Human Services is authorized, in consultation with 
     the Secretary of State, through grant or cooperative 
     agreement, to make available to public or nonprofit private 
     institutions or agencies in participating foreign countries, 
     funds to acquire, lease, alter, or renovate facilities in 
     those countries as necessary to conduct programs of 
     assistance for international health activities, including 
     activities relating to HIV/AIDS and other infectious 
     diseases, chronic and environmental diseases, and other 
     health activities abroad.
       Sec. 214. (a) Authority.--Notwithstanding any other 
     provision of law, the Director of the National Institutes of 
     Health (``Director'') may use funds available under section 
     402(b)(7) or 402(b)(12) of the Public Health Service Act 
     (``PHS Act'') to enter into transactions (other than 
     contracts, cooperative agreements, or grants) to carry out 
     research identified pursuant to such section 402(b)(7) 
     (pertaining to the Common Fund) or research and activities 
     described in such section 402(b)(12).
       (b) Peer Review.--In entering into transactions under 
     subsection (a), the Director

[[Page 5679]]

     may utilize such peer review procedures (including 
     consultation with appropriate scientific experts) as the 
     Director determines to be appropriate to obtain assessments 
     of scientific and technical merit. Such procedures shall 
     apply to such transactions in lieu of the peer review and 
     advisory council review procedures that would otherwise be 
     required under sections 301(a)(3), 405(b)(1)(B), 405(b)(2), 
     406(a)(3)(A), 492, and 494 of the PHS Act.
       Sec. 215. Funds which are available for Individual Learning 
     Accounts for employees of the Centers for Disease Control and 
     Prevention (``CDC'') and the Agency for Toxic Substances and 
     Disease Registry (``ATSDR'') may be transferred to ``Disease 
     Control, Research, and Training'', to be available only for 
     Individual Learning Accounts: Provided, That such funds may 
     be used for any individual full-time equivalent employee 
     while such employee is employed either by CDC or ATSDR.
       Sec. 216. Notwithstanding any other provisions of law, 
     funds made available in this Act may be used to continue 
     operating the Council on Graduate Medical Education 
     established by section 301 of Public Law 102-408.
       Sec. 217.  The Director of the National Institutes of 
     Health (``NIH'') shall require in the current fiscal year and 
     thereafter that all investigators funded by the NIH submit or 
     have submitted for them to the National Library of Medicine's 
     PubMed Central an electronic version of their final, peer-
     reviewed manuscripts upon acceptance for publication, to be 
     made publicly available no later than 12 months after the 
     official date of publication: Provided, That the NIH shall 
     implement the public access policy in a manner consistent 
     with copyright law.
       Sec. 218. Not to exceed $35,000,000   of funds appropriated 
     by this Act to the institutes and centers of the National 
     Institutes of Health may be used for alteration, repair, or 
     improvement of facilities, as necessary for the proper and 
     efficient conduct of the activities authorized herein, at not 
     to exceed $2,500,000 per project.


                          (transfer of funds)

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

       ``(IV) An entity that--

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

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

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


                         (rescission of funds)

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

                               TITLE III

                        DEPARTMENT OF EDUCATION

                    Education for the Disadvantaged

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

                               Impact Aid

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

                      School Improvement Programs

       For carrying out school improvement activities authorized 
     by parts A, B, and D of title II, part B of title IV, 
     subparts 6 and 9 of part D of title V, parts A and B of title 
     VI, and parts B and C of title VII of the Elementary and 
     Secondary Education Act of 1965 (``ESEA''); the McKinney-
     Vento Homeless Assistance Act; section 203 of the Educational 
     Technical Assistance Act of 2002; the Compact of Free 
     Association Amendments Act of 2003; and the Civil Rights Act 
     of 1964, $5,362,016,000, of which $3,495,865,000 shall become 
     available on July 1, 2009, and remain available through 
     September 30, 2010, and of which $1,681,441,000 shall become 
     available on October 1, 2009, and shall remain available 
     through September 30, 2010, for academic year 2009-2010: 
     Provided, That of the funds available for section 2103(a) of 
     the ESEA, $5,000,000 shall be available for a school 
     leadership partnership initiative and up to $7,500,000 shall 
     be available for teacher and principal quality national 
     activities administered by the Secretary of Education, as 
     specified in the explanatory statement described in section 4 
     (in the matter preceding division A of this consolidated 
     Act): Provided further, That funds made available to carry 
     out part B of title VII of the ESEA may be

[[Page 5680]]

     used for construction, renovation and modernization of any 
     elementary school, secondary school, or structure related to 
     an elementary school or secondary school, run by the 
     Department of Education of the State of Hawaii, that serves a 
     predominantly Native Hawaiian student body: Provided further, 
     That from the funds referred to in the preceding proviso, not 
     less than $1,500,000 shall be for a grant to the Department 
     of Education of the State of Hawaii for the activities 
     described in such proviso, and $1,500,000 shall be for a 
     grant to the University of Hawaii School of Law for a Center 
     of Excellence in Native Hawaiian law: Provided further, That 
     funds made available to carry out part C of title VII of the 
     ESEA may be used for construction: Provided further, That up 
     to 100 percent of the funds available to a State educational 
     agency under part D of title II of the ESEA may be used for 
     subgrants described in section 2412(a)(2)(B) of such Act: 
     Provided further, That $57,113,000 shall be available to 
     carry out section 203 of the Educational Technical Assistance 
     Act of 2002: Provided further, That $33,791,000 shall be 
     available to carry out part D of title V of the ESEA: 
     Provided further, That no funds appropriated under this 
     heading may be used to carry out section 5494 under the ESEA: 
     Provided further, That $17,687,000 shall be available to 
     carry out the Supplemental Education Grants program for the 
     Federated States of Micronesia and the Republic of the 
     Marshall Islands: Provided further, That up to 5 percent of 
     these amounts may be reserved by the Federated States of 
     Micronesia and the Republic of the Marshall Islands to 
     administer the Supplemental Education Grants programs and to 
     obtain technical assistance, oversight and consultancy 
     services in the administration of these grants and to 
     reimburse the United States Departments of Labor, Health and 
     Human Services, and Education for such services: Provided 
     further, That $7,360,000 of the funds available for the 
     Foreign Language Assistance Program shall be available for 5-
     year grants to local educational agencies that would work in 
     partnership with one or more institutions of higher education 
     to establish or expand articulated programs of study in 
     languages critical to United States national security that 
     will enable successful students to advance from elementary 
     school through college to achieve a superior level of 
     proficiency in those languages.

                            Indian Education

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

                       Innovation and Improvement

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

                 Safe Schools and Citizenship Education

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

                      English Language Acquisition

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

                           Special Education

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

            Rehabilitation Services and Disability Research

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

           Special Institutions for Persons With Disabilities


                 american printing house for the blind

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


               national technical institute for the deaf

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


                          Gallaudet University

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

                 Career, Technical, and Adult Education

       For carrying out, to the extent not otherwise provided, the 
     Carl D. Perkins Career and Technical Education Act of 2006, 
     the Adult Education and Family Literacy Act, subpart 4 of 
     part D of title V of the Elementary and Secondary Education 
     Act of 1965 (``ESEA'') and title VIII-D of the Higher 
     Education Amendments of 1998, $1,944,348,000, of which 
     $4,400,000 shall become available on October 1, 2008 and 
     remain available until September 30, 2010, of which 
     $1,148,948,000 shall become available on July 1, 2009, and 
     shall remain available through September 30, 2010, and of 
     which $791,000,000 shall become available on October 1, 2009, 
     and shall

[[Page 5681]]

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

                      Student Financial Assistance


                     (including deferral of funds)

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

                       Student Aid Administration

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

                            Higher Education

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

                           Howard University

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

         College Housing and Academic Facilities Loans Program

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

  Historically Black College and University Capital Financing Program 
                                Account

       Notwithstanding the limitations contained in section 344(a) 
     of the Higher Education Act of 1965 (``HEA''), the aggregate 
     principal amount of outstanding bonds insured under the 
     Historically Black College and University Capital Financing 
     Program is authorized to equal but not exceed $725,000,000, 
     which may be used for loans to public and private 
     historically black colleges and universities without regard 
     to paragraphs (1) and (2) of section 344(a).
       For the cost of guaranteed loans, $10,000,000, as 
     authorized pursuant to Part D of title III of the HEA: 
     Provided, That such costs, including the cost of modifying 
     such loans, shall be as defined in section 502 of the 
     Congressional Budget Act of 1974: Provided further, That 
     these funds are available to subsidize total loan principal, 
     any part of which is to be guaranteed, not to exceed 
     $100,000,000. In addition, for administrative expenses to 
     carry out the Historically Black College and University 
     Capital Financing Program entered into pursuant to part D of 
     title III of the HEA, $354,000.

                    Institute of Education Sciences

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

                        Departmental Management


                         program administration

       For carrying out, to the extent not otherwise provided, the 
     Department of Education

[[Page 5682]]

     Organization Act, including rental of conference rooms in the 
     District of Columbia and hire of three passenger motor 
     vehicles, $433,482,000, of which $5,400,000, to remain 
     available until expended, shall be for relocation of, and 
     renovation of buildings occupied by, Department staff.


                        Office for Civil Rights

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


                    Office of the Inspector General

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

                           General Provisions

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


                          (transfer of funds)

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

                                TITLE IV

                            RELATED AGENCIES

 Committee for Purchase From People Who Are Blind or Severely Disabled


                         Salaries and Expenses

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

             Corporation for National and Community Service

                           operating expenses

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

                         national service trust

                     (including transfer of funds)

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


                         Salaries and Expenses

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


                      Office of Inspector General

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


                       Administrative Provisions

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

[[Page 5683]]

     costs match requirement in section 121(e) or the member 
     support Federal share limitations in section 140 of the 
     National and Community Service Act of 1990, and subject to 
     partial waiver consistent with section 2521.70 of title 45, 
     Code of Federal Regulations.
       Sec. 408. Notwithstanding any other provision of law, 
     formula-based grants to States and territories under section 
     129(a)(1)-(2) of the National and Community Service Act of 
     1990 to operate AmeriCorps programs may be made if the 
     application describes proposed positions into which 
     participants will be placed, the proposed minimum 
     qualifications of such participants, and includes an 
     assurance that the State will select national service 
     programs for subgrants on a competitive basis, and an 
     assurance that the aforementioned information will be 
     provided for each subgrant awarded prior to the execution of 
     such subgrants.


                          (transfer of funds)

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

                  Corporation for Public Broadcasting

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

               Federal Mediation and Conciliation Service

                         salaries and expenses

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

            Federal Mine Safety and Health Review Commission


                         Salaries and Expenses

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

                Institute of Museum and Library Services

    office of museum and library services: grants and administration

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

                  Medicare Payment Advisory Commission

                         salaries and expenses

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

                     National Council on Disability


                         Salaries and Expenses

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

                     National Labor Relations Board


                         Salaries and Expenses

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

                        National Mediation Board


                         Salaries and Expenses

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

            Occupational Safety and Health Review Commission


                         Salaries and Expenses

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

                       Railroad Retirement Board


                     Dual Benefits Payments Account

       For payment to the Dual Benefits Payments Account, 
     authorized under section 15(d) of the Railroad Retirement Act 
     of 1974, $72,000,000, which shall include amounts becoming 
     available in fiscal year 2009 pursuant to section 
     224(c)(1)(B) of Public Law 98-76; and in addition, an amount, 
     not to exceed 2 percent of the amount provided herein, shall 
     be available proportional to the amount by which the product 
     of recipients and the average benefit received exceeds the 
     amount

[[Page 5684]]

     available for payment of vested dual benefits: Provided, That 
     the total amount provided herein shall be credited in 12 
     approximately equal amounts on the first day of each month in 
     the fiscal year.


          Federal Payments to the Railroad Retirement Accounts

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


                      Limitation on Administration

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

             limitation on the office of inspector general

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

                     Social Security Administration


                Payments to Social Security Trust Funds

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


                  Supplemental Security Income Program

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


                 Limitation on Administrative Expenses

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

                      office of inspector general


                     (including transfer of funds)

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

                                TITLE V

                           GENERAL PROVISIONS

       Sec. 501. The Secretaries of Labor, Health and Human 
     Services, and Education are authorized to transfer unexpended 
     balances of prior appropriations to accounts corresponding to 
     current appropriations provided in this Act. Such transferred 
     balances shall be used for the same purpose, and for the same 
     periods of time, for which they were originally appropriated.
       Sec. 502. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 503. (a) No part of any appropriation contained in 
     this Act shall be used, other than for normal and recognized 
     executive-legislative relationships, for publicity or 
     propaganda purposes, for the preparation, distribution, or 
     use of any kit, pamphlet, booklet, publication, radio, 
     television, or video presentation designed to support or 
     defeat legislation pending before the Congress or any State 
     legislature, except in presentation to the Congress or any 
     State legislature itself.
       (b) No part of any appropriation contained in this Act 
     shall be used to pay the salary or expenses of any grant or 
     contract recipient, or agent acting for such recipient, 
     related to any activity designed to influence legislation or 
     appropriations pending before the Congress or any State 
     legislature.
       Sec. 504. The Secretaries of Labor and Education are 
     authorized to make available not to exceed $28,000 and 
     $20,000, respectively, from funds available for salaries and 
     expenses under titles I and III, respectively, for official 
     reception and representation expenses; the Director of the 
     Federal Mediation and Conciliation Service is authorized to 
     make available for official reception and representation 
     expenses not to exceed $5,000 from the funds available for 
     ``Federal Mediation and Conciliation Service, Salaries and 
     expenses''; and the Chairman of the National Mediation Board 
     is authorized to make available for official reception and 
     representation expenses not to exceed $5,000 from funds 
     available for ``National Mediation Board, Salaries and 
     expenses''.
       Sec. 505. Notwithstanding any other provision of this Act, 
     no funds appropriated in this Act shall be used to carry out 
     any program of distributing sterile needles or syringes for 
     the hypodermic injection of any illegal drug.
       Sec. 506. When issuing statements, press releases, requests 
     for proposals, bid solicitations and other documents 
     describing projects or programs funded in whole or in part 
     with Federal money, all grantees receiving Federal funds 
     included in this Act, including but not limited to State and 
     local governments and recipients of Federal research grants, 
     shall clearly state--
       (1) the percentage of the total costs of the program or 
     project which will be financed with Federal money;
       (2) the dollar amount of Federal funds for the project or 
     program; and
       (3) percentage and dollar amount of the total costs of the 
     project or program that will be financed by non-governmental 
     sources.
       Sec. 507. (a) None of the funds appropriated in this Act, 
     and none of the funds in any

[[Page 5685]]

     trust fund to which funds are appropriated in this Act, shall 
     be expended for any abortion.
       (b) None of the funds appropriated in this Act, and none of 
     the funds in any trust fund to which funds are appropriated 
     in this Act, shall be expended for health benefits coverage 
     that includes coverage of abortion.
       (c) The term ``health benefits coverage'' means the package 
     of services covered by a managed care provider or 
     organization pursuant to a contract or other arrangement.
       Sec. 508. (a) The limitations established in the preceding 
     section shall not apply to an abortion--
       (1) if the pregnancy is the result of an act of rape or 
     incest; or
       (2) in the case where a woman suffers from a physical 
     disorder, physical injury, or physical illness, including a 
     life-endangering physical condition caused by or arising from 
     the pregnancy itself, that would, as certified by a 
     physician, place the woman in danger of death unless an 
     abortion is performed.
       (b) Nothing in the preceding section shall be construed as 
     prohibiting the expenditure by a State, locality, entity, or 
     private person of State, local, or private funds (other than 
     a State's or locality's contribution of Medicaid matching 
     funds).
       (c) Nothing in the preceding section shall be construed as 
     restricting the ability of any managed care provider from 
     offering abortion coverage or the ability of a State or 
     locality to contract separately with such a provider for such 
     coverage with State funds (other than a State's or locality's 
     contribution of Medicaid matching funds).
       (d)(1) None of the funds made available in this Act may be 
     made available to a Federal agency or program, or to a State 
     or local government, if such agency, program, or government 
     subjects any institutional or individual health care entity 
     to discrimination on the basis that the health care entity 
     does not provide, pay for, provide coverage of, or refer for 
     abortions.
       (2) In this subsection, the term ``health care entity'' 
     includes an individual physician or other health care 
     professional, a hospital, a provider-sponsored organization, 
     a health maintenance organization, a health insurance plan, 
     or any other kind of health care facility, organization, or 
     plan.
       Sec. 509. (a) None of the funds made available in this Act 
     may be used for--
       (1) the creation of a human embryo or embryos for research 
     purposes; or
       (2) research in which a human embryo or embryos are 
     destroyed, discarded, or knowingly subjected to risk of 
     injury or death greater than that allowed for research on 
     fetuses in utero under 45 CFR 46.204(b) and section 498(b) of 
     the Public Health Service Act (42 U.S.C. 289g(b)).
       (b) For purposes of this section, the term ``human embryo 
     or embryos'' includes any organism, not protected as a human 
     subject under 45 CFR 46 as of the date of the enactment of 
     this Act, that is derived by fertilization, parthenogenesis, 
     cloning, or any other means from one or more human gametes or 
     human diploid cells.
       Sec. 510. (a) None of the funds made available in this Act 
     may be used for any activity that promotes the legalization 
     of any drug or other substance included in schedule I of the 
     schedules of controlled substances established under section 
     202 of the Controlled Substances Act except for normal and 
     recognized executive-congressional communications.
       (b) The limitation in subsection (a) shall not apply when 
     there is significant medical evidence of a therapeutic 
     advantage to the use of such drug or other substance or that 
     federally sponsored clinical trials are being conducted to 
     determine therapeutic advantage.
       Sec. 511. None of the funds made available in this Act may 
     be used to promulgate or adopt any final standard under 
     section 1173(b) of the Social Security Act providing for, or 
     providing for the assignment of, a unique health identifier 
     for an individual (except in an individual's capacity as an 
     employer or a health care provider), until legislation is 
     enacted specifically approving the standard.
       Sec. 512.  None of the funds made available in this Act may 
     be obligated or expended to enter into or renew a contract 
     with an entity if--
       (1) such entity is otherwise a contractor with the United 
     States and is subject to the requirement in 38 U.S.C. 4212(d) 
     regarding submission of an annual report to the Secretary of 
     Labor concerning employment of certain veterans; and
       (2) such entity has not submitted a report as required by 
     that section for the most recent year for which such 
     requirement was applicable to such entity.
       Sec. 513. None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in, this Act 
     or any other appropriation Act.
       Sec. 514. None of the funds made available by this Act to 
     carry out the Library Services and Technology Act may be made 
     available to any library covered by paragraph (1) of section 
     224(f) of such Act, as amended by the Children's Internet 
     Protection Act, unless such library has made the 
     certifications required by paragraph (4) of such section.
       Sec. 515. None of the funds made available by this Act to 
     carry out part D of title II of the Elementary and Secondary 
     Education Act of 1965 may be made available to any elementary 
     or secondary school covered by paragraph (1) of section 
     2441(a) of such Act, as amended by the Children's Internet 
     Protection Act and the No Child Left Behind Act, unless the 
     local educational agency with responsibility for such covered 
     school has made the certifications required by paragraph (2) 
     of such section.
       Sec. 516. (a) None of the funds provided under this Act, or 
     provided under previous appropriations Acts to the agencies 
     funded by this Act that remain available for obligation or 
     expenditure in fiscal year 2009, or provided from any 
     accounts in the Treasury of the United States derived by the 
     collection of fees available to the agencies funded by this 
     Act, shall be available for obligation or expenditure through 
     a reprogramming of funds that--
       (1) creates new programs;
       (2) eliminates a program, project, or activity;
       (3) increases funds or personnel by any means for any 
     project or activity for which funds have been denied or 
     restricted;
       (4) relocates an office or employees;
       (5) reorganizes or renames offices;
       (6) reorganizes programs or activities; or
       (7) contracts out or privatizes any functions or activities 
     presently performed by Federal employees;

     unless the Committees on Appropriations of the House of 
     Representatives and the Senate are notified 15 days in 
     advance of such reprogramming or of an announcement of intent 
     relating to such reprogramming, whichever occurs earlier.
       (b) None of the funds provided under this Act, or provided 
     under previous appropriations Acts to the agencies funded by 
     this Act that remain available for obligation or expenditure 
     in fiscal year 2009, or provided from any accounts in the 
     Treasury of the United States derived by the collection of 
     fees available to the agencies funded by this Act, shall be 
     available for obligation or expenditure through a 
     reprogramming of funds in excess of $500,000 or 10 percent, 
     whichever is less, that--
       (1) augments existing programs, projects (including 
     construction projects), or activities;
       (2) reduces by 10 percent funding for any existing program, 
     project, or activity, or numbers of personnel by 10 percent 
     as approved by Congress; or
       (3) results from any general savings from a reduction in 
     personnel which would result in a change in existing 
     programs, activities, or projects as approved by Congress;

     unless the Committees on Appropriations of the House of 
     Representatives and the Senate are notified 15 days in 
     advance of such reprogramming or of an announcement of intent 
     relating to such reprogramming, whichever occurs earlier.
       Sec. 517. (a) None of the funds made available in this Act 
     may be used to request that a candidate for appointment to a 
     Federal scientific advisory committee disclose the political 
     affiliation or voting history of the candidate or the 
     position that the candidate holds with respect to political 
     issues not directly related to and necessary for the work of 
     the committee involved.
       (b) None of the funds made available in this Act may be 
     used to disseminate scientific information that is 
     deliberately false or misleading.
       Sec. 518.  Within 45 days of enactment of this Act, each 
     department and related agency funded through this Act shall 
     submit an operating plan that details at the program, 
     project, and activity level any funding allocations for 
     fiscal year 2009 that are different than those specified in 
     this Act, the accompanying detailed table in the explanatory 
     statement described in section 4 (in the matter preceding 
     division A of this consolidated Act), or the fiscal year 2009 
     budget request.
       Sec. 519.  None of the funds in this Act may be used to 
     employ workers described in section 274A(h)(3) of the 
     Immigration and Nationality Act.
       Sec. 520.  The Secretaries of Labor, Health and Human 
     Services, and Education shall each prepare and submit to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate a report on the number and amount of 
     contracts, grants, and cooperative agreements exceeding 
     $100,000 in value and awarded by the Department on a non-
     competitive basis during each quarter of fiscal year 2009, 
     but not to include grants awarded on a formula basis or 
     directed by law. Such report shall include the name of the 
     contractor or grantee, the amount of funding, the 
     governmental purpose, including a justification for issuing 
     the award on a non-competitive basis. Such report shall be 
     transmitted to the Committees within 30 days after the end of 
     the quarter for which the report is submitted.
       Sec. 521. None of the funds appropriated or otherwise made 
     available by this Act may be used to enter into a contract in 
     an amount greater than $5,000,000 or to award a grant in 
     excess of such amount unless the prospective contractor or 
     grantee certifies in writing to the agency awarding the 
     contract or grant that, to the best of its knowledge and 
     belief,

[[Page 5686]]

     the contractor or grantee has filed all Federal tax returns 
     required during the three years preceding the certification, 
     has not been convicted of a criminal offense under the 
     Internal Revenue Code of 1986, and has not, more than 90 days 
     prior to certification, been notified of any unpaid Federal 
     tax assessment for which the liability remains unsatisfied, 
     unless the assessment is the subject of an installment 
     agreement or offer in compromise that has been approved by 
     the Internal Revenue Service and is not in default, or the 
     assessment is the subject of a non-frivolous administrative 
     or judicial proceeding.
       Sec. 522.  None of the funds appropriated in this Act shall 
     be expended or obligated by the Commissioner of Social 
     Security, for purposes of administering Social Security 
     benefit payments under title II of the Social Security Act, 
     to process any claim for credit for a quarter of coverage 
     based on work performed under a social security account 
     number that is not the claimant's number and the performance 
     of such work under such number has formed the basis for a 
     conviction of the claimant of a violation of section 
     208(a)(6) or (7) of the Social Security Act.
       Sec. 523. (a) Section 14002(a)(2)(A)(i) of division A of 
     the American Recovery and Reinvestment Act of 2009 (Public 
     Law 111-5) is amended, in the matter preceding subclause (I), 
     by inserting ``education'' after ``secondary''.
       (b) Section 14002(b)(1) of such division is amended by 
     striking ``14001'' and inserting ``14001(d)''.
       (c) Section 14003(a) of such division is amended by 
     striking ``the Adult and Family Literacy Act (20 U.S.C. 1400 
     et seq.)'' and inserting ``the Adult Education and Family 
     Literacy Act (20 U.S.C. 9201 et seq.)''.
       (d) Section 14005(a) of such division is amended by 
     striking ``14001'' and inserting ``14001(d)''.
       (e) Section 14005(d)(4)(C) of such division is amended by 
     striking ``6401(e)(1)(9)(A)(ii)'' and inserting 
     ``6401(e)(1)(A)(ii)''.
       (f) Section 14005(d)(5) of such division is amended--
       (1) by striking ``1116(a)(7)(C)(iv)'' and inserting 
     ``1116(b)(7)(C)(iv)''; and
       (2) by striking ``1116(a)(8)(B)'' and inserting 
     ``1116(b)(8)(B)''.
       (g) Section 14011 of such division is amended by inserting 
     before the period at the end the following: ``, unless such 
     funds are used to provide special education and related 
     services to children with disabilities, as authorized by the 
     Individuals with Disabilities Education Act (20 U.S.C. 1400 
     et seq.)''.
       (h) Section 14012(c) of such division is amended to read as 
     follows:
       ``(c) Criteria.--The Secretary shall not grant a waiver or 
     modification under this section unless the Secretary 
     determines that the State receiving such waiver or 
     modification will not provide for elementary, secondary, and 
     public higher education, for the fiscal year under 
     consideration, a smaller percentage of the total revenues 
     available to the State than the percentage provided for such 
     purpose in the preceding fiscal year.''.

                                TITLE VI

                  AFGHAN ALLIES PROTECTION ACT OF 2009

     SEC. 601. SHORT TITLE.

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

     SEC. 602. PROTECTION FOR AFGHAN ALLIES.

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

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

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

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

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

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

       (4) Prohibition on fees.--The Secretary of Homeland 
     Security or the Secretary of State may not charge an alien 
     described in subparagraph (A), (B), or (C) of paragraph (2) 
     any fee in connection with an application for, or issuance 
     of, a special immigrant visa under this section.
       (5) Assistance with passport issuance.--The Secretary of 
     State shall make a reasonable effort to ensure that an alien 
     described in subparagraph (A), (B), or (C) of paragraph (2) 
     who is issued a special immigrant visa pursuant to this 
     subsection is provided with the appropriate series Afghan 
     passport necessary to enter the United States.
       (6) Protection of aliens.--The Secretary of State, in 
     consultation with the heads of other appropriate Federal 
     agencies, shall make a reasonable effort to provide an alien 
     described in subparagraph (A), (B), or (C) of paragraph (2) 
     who is seeking special immigrant status under this subsection 
     protection or to immediately remove such alien from 
     Afghanistan, if possible, if the Secretary determines, after 
     consultation, that such alien is in imminent danger.
       (7) Other eligibility for immigrant status.--No alien shall 
     be denied the opportunity to apply for admission under this 
     subsection solely because such alien qualifies as an 
     immediate relative or is eligible for any other immigrant 
     classification.
       (8) Resettlement support.--A citizen or national of 
     Afghanistan who is granted special immigrant status described 
     in section 101(a)(27) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(27)) shall be eligible for

[[Page 5687]]

     resettlement assistance, entitlement programs, and other 
     benefits available to refugees admitted under section 207 of 
     such Act (8 U.S.C. 1157) for a period not to exceed 8 months.
       (9) Adjustment of status.--Notwithstanding paragraph (2), 
     (7), or (8) of subsection (c) of section 245 of the 
     Immigration and Nationality Act (8 U.S.C. 1255), the 
     Secretary of Homeland Security may adjust the status of an 
     alien described in subparagraph (A), (B), or (C) of paragraph 
     (2) of this subsection or in section 1244(b) of the Refugee 
     Crisis in Iraq Act of 2007 (Public Law 110-181; 122 Stat. 
     397) to that of an alien lawfully admitted for permanent 
     residence under subsection (a) of such section 245 if the 
     alien--
       (A) was paroled or admitted as a nonimmigrant into the 
     United States; and
       (B) is otherwise eligible for special immigrant status 
     under--
       (i)(I) this subsection; or
       (II) such section 1244(b); and
       (ii) the Immigration and Nationality Act (8 U.S.C. 1101 et 
     seq.).
       (10) Report on implementation and authority to carry out 
     administrative measures.--
       (A) Requirement for report.--Not later than one year after 
     the date of the enactment of this Act, the Secretary of 
     Homeland Security and the Secretary of State, in consultation 
     with the Secretary of Defense, shall submit to the 
     appropriate committees of Congress a report on the 
     implementation of this subsection.
       (B) Content of report.--The report required by subparagraph 
     (A) shall describe actions taken, and additional 
     administrative measures that may be needed, to ensure the 
     integrity of the program established under this subsection 
     and the national security interests of the United States 
     related to such program.
       (C) Authority to carry out administrative measures.--The 
     Secretary of Homeland Security and the Secretary of State 
     shall implement any additional administrative measures 
     described in subparagraph (B) as they may deem necessary and 
     appropriate to ensure the integrity of the program 
     established under this subsection and the national security 
     interests of the United States related to such program.
       (11) Annual report on use of special immigrant status.--
       (A) Requirement.--Not later than 120 days after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary of Homeland Security shall submit to the 
     appropriate committees of Congress a report on the number of 
     citizens or nationals of Afghanistan or Iraq who have applied 
     for status as special immigrants under this subsection or 
     section 1244 of the Refugee Crisis in Iraq Act of 2007 
     (Public Law 110-181; 122 Stat. 396).
       (B) Content.--Each report required by subparagraph (A) 
     submitted in a fiscal year shall include the following 
     information for the previous fiscal year:
       (i) The number of citizens or nationals of Afghanistan or 
     Iraq who submitted an application for status as a special 
     immigrant pursuant to this section or section 1244 of the 
     Refugee Crisis in Iraq Act of 2007 (Public Law 110-181; 122 
     Stat. 396), disaggregated--

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

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

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

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

        DIVISION G--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2009

                                TITLE I

                           LEGISLATIVE BRANCH

                                 SENATE

                           Expense Allowances

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

    Representation Allowances for the Majority and Minority Leaders

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

                    Salaries, Officers and Employees

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


                      office of the vice president

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


                  office of the president pro tempore

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


              office of the president pro tempore emeritus

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


              offices of the majority and minority leaders

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


               offices of the majority and minority whips

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


                      committee on appropriations

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


                         conference committees

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


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

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


                           policy committees

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


                         office of the chaplain

       For Office of the Chaplain, $397,000.


                        office of the secretary

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


             office of the sergeant at arms and doorkeeper

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

[[Page 5688]]




        offices of the secretaries for the majority and minority

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


               agency contributions and related expenses

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

            Office of the Legislative Counsel of the Senate

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

                     Office of Senate Legal Counsel

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

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

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

                   Contingent Expenses of the Senate


                      inquiries and investigations

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


expenses of the united states senate caucus on international narcotics 
                                control

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


                        secretary of the senate

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


             sergeant at arms and doorkeeper of the senate

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


                          miscellaneous items

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


        senators' official personnel and office expense account

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


                          Official Mail Costs

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

                       Administrative Provisions

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

                        HOUSE OF REPRESENTATIVES

                         Salaries and Expenses

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


                        house leadership offices

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

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

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

                          Committee Employees

                Standing Committees, Special and Select

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

                      Committee on Appropriations

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

                    Salaries, Officers and Employees

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

                        Allowances and Expenses

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

                           Child Care Center

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

[[Page 5689]]



                       Administrative Provisions

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

                              JOINT ITEMS

       For Joint Committees, as follows:

                        Joint Economic Committee

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

                      Joint Committee on Taxation

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

                   Office of the Attending Physician

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

             Office of Congressional Accessibility Services


                         Salaries and Expenses

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

           CAPITOL GUIDE SERVICE AND SPECIAL SERVICES OFFICE


                         salaries and expenses

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

                      Statements of Appropriations

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

                             CAPITOL POLICE

                                Salaries

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

                            General Expenses

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

                        Administrative Provision


                     (including transfer of funds)

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

                          OFFICE OF COMPLIANCE

                         Salaries and Expenses

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

                      CONGRESSIONAL BUDGET OFFICE

                         Salaries and Expenses

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

                        ARCHITECT OF THE CAPITOL

                         General Administration

       For salaries for the Architect of the Capitol, and other 
     personal services, at rates of

[[Page 5690]]

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

                            Capitol Building

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

                            Capitol Grounds

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

                        Senate Office Buildings

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

                         House Office Buildings

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

                          Capitol Power Plant

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

                     Library Buildings and Grounds

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

             Capitol Police Buildings, Grounds and Security

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

                             Botanic Garden

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

                         Capitol Visitor Center

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

                       Administrative Provisions

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

                          LIBRARY OF CONGRESS

                         Salaries and Expenses

       For necessary expenses of the Library of Congress not 
     otherwise provided for, including development and maintenance 
     of the Library's catalogs; custody and custodial care of the 
     Library buildings; special clothing; cleaning, laundering and 
     repair of uniforms; preservation of motion pictures in the 
     custody of the Library; operation and maintenance of the 
     American Folklife Center in the Library; preparation and 
     distribution of catalog records and other publications of the 
     Library; hire or purchase of one passenger motor vehicle; and 
     expenses of the Library of Congress Trust Fund Board not 
     properly chargeable to the income of any trust fund held by 
     the Board, $419,030,000, of which not more than $6,000,000 
     shall be derived from collections credited to this 
     appropriation during fiscal year 2009, and shall remain 
     available until expended, under the Act of June 28, 1902 
     (chapter 1301; 32 Stat. 480; 2 U.S.C. 150) and not more than 
     $350,000 shall be derived from collections during fiscal year 
     2009 and shall remain available until expended for the 
     development and maintenance of an international legal 
     information database and activities related thereto: 
     Provided,

[[Page 5691]]

     That the Library of Congress may not obligate or expend any 
     funds derived from collections under the Act of June 28, 
     1902, in excess of the amount authorized for obligation or 
     expenditure in appropriations Acts: Provided further, That 
     the total amount available for obligation shall be reduced by 
     the amount by which collections are less than $6,350,000: 
     Provided further, That of the total amount appropriated, 
     $17,959,000 shall remain available until September 30, 2011 
     for the partial acquisition of books, periodicals, 
     newspapers, and all other materials including subscriptions 
     for bibliographic services for the Library, including $40,000 
     to be available solely for the purchase, when specifically 
     approved by the Librarian, of special and unique materials 
     for additions to the collections: Provided further, That of 
     the total amount appropriated, not more than $12,000 may be 
     expended, on the certification of the Librarian of Congress, 
     in connection with official representation and reception 
     expenses for the Overseas Field Offices: Provided further, 
     That of the total amount appropriated, $7,170,000 shall 
     remain available until expended for the digital collections 
     and educational curricula program: Provided further, That of 
     the total amount appropriated, $1,495,000 shall remain 
     available until expended, and shall be transferred to the 
     Abraham Lincoln Bicentennial Commission for carrying out the 
     purposes of Public Law 106-173, of which $10,000 may be used 
     for official representation and reception expenses of the 
     Abraham Lincoln Bicentennial Commission: Provided further, 
     That of the total amount appropriated, $560,000 shall be 
     transferred to the Federal Library and Information Center's 
     FEDLINK Program: Provided further, That of the total amount 
     appropriated, $190,000 shall be used to provide a grant to 
     the New York Historical Society for the digitization of its 
     collection: Provided further, That of the total amount 
     appropriated, $95,000 shall be used to provide a grant to the 
     University of Florida for development of a library of 
     original case studies.

                            Copyright Office


                         salaries and expenses

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

                     Congressional Research Service


                         salaries and expenses

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

             Books for the Blind and Physically Handicapped


                         salaries and expenses

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

                       Administrative Provisions

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

                       GOVERNMENT PRINTING OFFICE

                   Congressional Printing and Binding


                     (including transfer of funds)

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

                 Office of Superintendent of Documents


                         salaries and expenses

                     (including transfer of funds)

       For expenses of the Office of Superintendent of Documents 
     necessary to provide for the cataloging and indexing of 
     Government publications and their distribution to the public, 
     Members of Congress, other Government agencies, and 
     designated depository and international exchange libraries as 
     authorized by law, $38,744,000: Provided, That amounts of not 
     more than $2,000,000 from

[[Page 5692]]

     current year appropriations are authorized for producing and 
     disseminating Congressional serial sets and other related 
     publications for fiscal years 2007 and 2008 to depository and 
     other designated libraries: Provided further, That any 
     unobligated or unexpended balances in this account or 
     accounts for similar purposes for preceding fiscal years may 
     be transferred to the Government Printing Office revolving 
     fund for carrying out the purposes of this heading, subject 
     to the approval of the Committees on Appropriations of the 
     House of Representatives and Senate.

               Government Printing Office Revolving Fund

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

                    GOVERNMENT ACCOUNTABILITY OFFICE


                         salaries and expenses

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

                        Administrative Provision

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

                OPEN WORLD LEADERSHIP CENTER TRUST FUND

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

   JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT

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

                                TITLE II

                           GENERAL PROVISIONS

       Sec. 201. Maintenance and Care of Private Vehicles. No part 
     of the funds appropriated in this Act shall be used for the 
     maintenance or care of private vehicles, except for emergency 
     assistance and cleaning as may be provided under regulations 
     relating to parking facilities for the House of 
     Representatives issued by the Committee on House 
     Administration and for the Senate issued by the Committee on 
     Rules and Administration.
       Sec. 202. Fiscal Year Limitation. No part of the funds 
     appropriated in this Act shall remain available for 
     obligation beyond fiscal year 2009 unless expressly so 
     provided in this Act.
       Sec. 203. Rates of Compensation and Designation. Whenever 
     in this Act any office or position not specifically 
     established by the Legislative Pay Act of 1929 (46 Stat. 32 
     et seq.) is appropriated for or the rate of compensation or 
     designation of any office or position appropriated for is 
     different from that specifically established by such Act, the 
     rate of compensation and the designation in this Act shall be 
     the permanent law with respect thereto: Provided, That the 
     provisions in this Act for the various items of official 
     expenses of Members, officers, and committees of the Senate 
     and House of Representatives, and clerk hire for Senators and 
     Members of the House of Representatives shall be the 
     permanent law with respect thereto.
       Sec. 204. Consulting Services. The expenditure of any 
     appropriation under this Act for any consulting service 
     through procurement contract, under section 3109 of title 5, 
     United States Code, shall be limited to those contracts where 
     such expenditures are a matter of public record and available 
     for public inspection, except where otherwise provided under 
     existing law, or under existing Executive order issued under 
     existing law.
       Sec. 205. Awards and Settlements. Such sums as may be 
     necessary are appropriated to the account described in 
     subsection (a) of section 415 of the Congressional 
     Accountability Act of 1995 (2 U.S.C. 1415(a)) to pay awards 
     and settlements as authorized under such subsection.
       Sec. 206. Costs of LBFMC. Amounts available for 
     administrative expenses of any legislative branch entity 
     which participates in the Legislative Branch Financial 
     Managers Council (LBFMC) established by charter on March 26, 
     1996, shall be available to finance an appropriate share of 
     LBFMC costs as determined by the LBFMC, except that the total 
     LBFMC costs to be shared among all participating legislative 
     branch entities (in such allocations among the entities as 
     the entities may determine) may not exceed $2,000.
       Sec. 207. Landscape Maintenance. The Architect of the 
     Capitol, in consultation with the District of Columbia, is 
     authorized to maintain and improve the landscape features, 
     excluding streets in the irregular shaped grassy areas 
     bounded by Washington Avenue SW on the northeast, Second 
     Street SW on the west, Square 582 on the south, and the 
     beginning of the I-395 tunnel on the southeast.

[[Page 5693]]

       Sec. 208. Limitation on Transfers. None of the funds made 
     available in this Act may be transferred to any department, 
     agency, or instrumentality of the United States Government, 
     except pursuant to a transfer made by, or transfer authority 
     provided in, this Act or any other appropriation Act.
       Sec. 209. Guided Tours of the Capitol. (a) Except as 
     provided in subsection (b), none of the funds made available 
     to the Architect of the Capitol in this Act may be used to 
     eliminate guided tours of the United States Capitol which are 
     led by employees and interns of offices of Members of 
     Congress and other offices of the House of Representatives 
     and Senate.
       (b) At the direction of the Capitol Police Board, or at the 
     direction of the Architect of the Capitol with the approval 
     of the Capitol Police Board, guided tours of the United 
     States Capitol which are led by employees and interns 
     described in subsection (a) may be suspended temporarily or 
     otherwise subject to restriction for security or related 
     reasons to the same extent as guided tours of the United 
     States Capitol which are led by the Architect of the Capitol.
       Sec. 210. Limitation on Certain Inspectors General 
     Authority To Use Firearms. None of the funds made available 
     in this Act may be used by the Inspector General of the 
     Architect of the Capitol or the Inspector General of the 
     Library of Congress to purchase, maintain, or carry any 
     firearm.
       This division may be cited as the ``Legislative Branch 
     Appropriations Act, 2009''.

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

                                TITLE I

                 DEPARTMENT OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs


                    diplomatic and consular programs

                     (including transfer of funds)

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


                   CIVILIAN STABILIZATION INITIATIVE

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


                        Capital Investment Fund

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


                      office of inspector general

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


               Educational and Cultural Exchange Programs

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


                       Representation Allowances

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

              protection of foreign missions and officials

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


            Embassy Security, Construction, and Maintenance

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

[[Page 5694]]




           emergencies in the diplomatic and consular service

                     (including transfer of funds)

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


                    BUYING POWER MAINTENANCE ACCOUNT

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


                   Repatriation Loans Program Account

                     (Including Transfer of Funds)

       For the cost of direct loans, $678,000, as authorized: 
     Provided, That such costs, including the cost of modifying 
     such loans, shall be as defined in section 502 of the 
     Congressional Budget Act of 1974.
       In addition, for administrative expenses necessary to carry 
     out the direct loan program, $675,000, which may be 
     transferred to, and merged with, funds made available under 
     the heading ``Diplomatic and Consular Programs''.


              Payment to the American Institute in Taiwan

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


     Payment to the Foreign Service Retirement and Disability Fund

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

                      International Organizations

              contributions to international organizations

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


        contributions for international peacekeeping activities

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

                       International Commissions

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

 international boundary and water commission, united states and mexico

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


                         salaries and expenses

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


                              Construction

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


              American Sections, International Commissions

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

                  international fisheries commissions

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

                             RELATED AGENCY

                    Broadcasting Board of Governors


                 International Broadcasting Operations

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


                   broadcasting capital improvements

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

                            RELATED PROGRAMS

                          The Asia Foundation

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

                    United States Institute of Peace

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

         Center for Middle Eastern-Western Dialogue Trust Fund

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

[[Page 5695]]



                 Eisenhower Exchange Fellowship Program

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

                    Israeli Arab Scholarship Program

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

                            East-West Center

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

                    National Endowment for Democracy

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

                           OTHER COMMISSIONS

      Commission for the Preservation of America's Heritage Abroad


                         SALARIES AND EXPENSES

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

             Commission on International Religious Freedom


                         SALARIES AND EXPENSES

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

            Commission on Security and Cooperation in Europe


                         SALARIES AND EXPENSES

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

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


                         SALARIES AND EXPENSES

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

      United States-China Economic and Security Review Commission

                         salaries and expenses

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

          United States Senate-China Interparliamentary Group


                         SALARIES AND EXPENSES

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

                                TITLE II

           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

                  Funds Appropriated to the President


                           operating expenses

                     (including transfer of funds)

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


                   CIVILIAN STABILIZATION INITIATIVE

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


                        capital investment fund

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

[[Page 5696]]




                      office of inspector general

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

                               TITLE III

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

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

                    global health and child survival

                     (including transfer of funds)

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

                         development assistance

       For necessary expenses to carry out the provisions of 
     sections 103, 105, 106, and sections 251 through 255, and 
     chapter 10 of part I of the Foreign Assistance Act of 1961, 
     $1,800,000,000, to remain available until September 30, 2010: 
     Provided, That of the funds appropriated under this heading 
     that are made available for assistance programs for displaced 
     and orphaned children and victims of war, not to exceed 
     $44,000, in addition to funds otherwise available for such 
     purposes, may be used to monitor and provide oversight of 
     such programs: Provided further, That of the funds 
     appropriated by this Act and prior Acts for fiscal year 2009, 
     not less than $245,000,000 shall be made available for 
     microenterprise and microfinance development programs for the 
     poor, especially women: Provided further, That of the funds 
     appropriated under this heading, not less than $22,500,000 
     shall be made available for the American Schools and 
     Hospitals Abroad program: Provided further, That of the funds 
     appropriated under this heading, $10,000,000 shall be made 
     available for cooperative development programs within the 
     Office of Private and Voluntary Cooperation: Provided 
     further, That of the funds appropriated by this Act and prior 
     Acts for fiscal year 2009, not less than $300,000,000 shall 
     be made available for water and sanitation supply projects 
     pursuant to the Senator Paul Simon Water for the Poor Act of 
     2005 (Public Law 109-121), of which not less than 
     $125,000,000 should be made available for such projects in 
     Africa: Provided further, That of the funds appropriated by 
     title III of this Act, not less than $375,000,000 shall be 
     made available for agricultural development programs, of 
     which not less than $29,000,000 shall be made available for 
     Collaborative Research Support Programs: Provided further, 
     That of the funds appropriated under this heading, 
     $75,000,000 shall be made available to enhance global food 
     security, including for local or regional

[[Page 5697]]

     purchase and distribution of food, in addition to funds 
     otherwise made available for such purposes, and 
     notwithstanding any other provision of law: Provided further, 
     That prior to the obligation of funds pursuant to the 
     previous proviso and after consultation with other relevant 
     Federal departments and agencies, the Committees on 
     Appropriations, and relevant nongovernmental organizations, 
     the Administrator of the United States Agency for 
     International Development shall submit to the Committees on 
     Appropriations a strategy for achieving the goals of funding 
     for global food security programs, specifying the intended 
     country beneficiaries, amounts of funding, types of 
     activities to be funded, and expected quantifiable results: 
     Provided further, That of the funds appropriated under this 
     heading for agricultural development programs, not less than 
     $7,000,000 shall be made available for a United States 
     contribution to the endowment of the Global Crop Diversity 
     Trust pursuant to section 3202 of Public Law 110-246: 
     Provided further, That of the funds appropriated under this 
     heading, not less than $15,000,000 shall be made available 
     for programs to improve women's leadership capacity in 
     recipient countries.


                   international disaster assistance

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


                         transition initiatives

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


                      development credit authority

                     (including transfer of funds)

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

                         economic support fund

                     (including transfer of funds)

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


                             DEMOCRACY FUND

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

[[Page 5698]]

     governance, human rights, independent media, and the rule of 
     law, and otherwise strengthen the capacity of democratic 
     political parties, governments, nongovernmental organizations 
     and institutions, and citizens to support the development of 
     democratic states, institutions, and practices that are 
     responsive and accountable to citizens.
       (f) Any contract, grant, or cooperative agreement (or any 
     amendment to any contract, grant, or cooperative agreement) 
     in excess of $1,000,000 of funds under this heading, and in 
     excess of $2,500,000 under other headings in this Act, for 
     the promotion of democracy, with the exception of programs 
     and activities of the National Endowment for Democracy, shall 
     be subject to the regular notification procedures of the 
     Committees on Appropriations.

                     international fund for ireland

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


            ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA

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

                          Department of State


          international narcotics control and law enforcement

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


                      andean counterdrug programs

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


    nonproliferation, anti-terrorism, demining and related programs

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

                    migration and refugee assistance

       For necessary expenses, not otherwise provided for, to 
     enable the Secretary of State to provide, as authorized by 
     law, a contribution to the International Committee of the Red 
     Cross, assistance to refugees, including contributions to the 
     International Organization for Migration and the United 
     Nations High

[[Page 5699]]

     Commissioner for Refugees, and other activities to meet 
     refugee and migration needs; salaries and expenses of 
     personnel and dependents as authorized by the Foreign Service 
     Act of 1980; allowances as authorized by sections 5921 
     through 5925 of title 5, United States Code; purchase and 
     hire of passenger motor vehicles; and services as authorized 
     by section 3109 of title 5, United States Code, $931,000,000, 
     to remain available until expended, of which not less than 
     $30,000,000 shall be made available for refugees resettling 
     in Israel.


     united states emergency refugee and migration assistance fund

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

                          Independent Agencies


                              peace corps

                     (including transfer of funds)

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


                    Millennium Challenge Corporation

                     (including transfer of funds)

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


                       Inter-American Foundation

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


                     AFRICAN DEVELOPMENT FOUNDATION

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

                       Department of the Treasury


               International Affairs Technical Assistance

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


                           Debt Restructuring

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

[[Page 5700]]



                                TITLE IV

                   INTERNATIONAL SECURITY ASSISTANCE

                  Funds Appropriated to the President


                        peacekeeping operations

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


             International Military Education and Training

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

                   foreign military financing program

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

                                TITLE V

                        MULTILATERAL ASSISTANCE

                  Funds Appropriated to the President


                international organizations and programs

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

                  international financial institutions

                      global environment facility

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


       contribution to the international development association

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


Contribution to the Enterprise for the Americas Multilateral Investment 
                                  Fund

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


               contribution to the asian development fund

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


              contribution to the african development fund

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

  contribution to the international fund for agricultural development

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

                                TITLE VI

                    EXPORT AND INVESTMENT ASSISTANCE

                Export-Import Bank of the United States


                           INSPECTOR GENERAL

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

[[Page 5701]]




                            program account

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

                         subsidy appropriation

       For the cost of direct loans, loan guarantees, insurance, 
     and tied-aid grants as authorized by section 10 of the 
     Export-Import Bank Act of 1945, as amended, not to exceed 
     $41,000,000: Provided, That such costs, including the cost of 
     modifying such loans, shall be as defined in section 502 of 
     the Congressional Budget Act of 1974: Provided further, That 
     such funds shall remain available until September 30, 2024, 
     for the disbursement of direct loans, loan guarantees, 
     insurance and tied-aid grants obligated in fiscal years 2009, 
     2010, 2011, and 2012: Provided further, That none of the 
     funds appropriated by this Act or any prior Acts 
     appropriating funds for the Department of State, foreign 
     operations, and related programs for tied-aid credits or 
     grants may be used for any other purpose except through the 
     regular notification procedures of the Committees on 
     Appropriations: Provided further, That funds appropriated by 
     this paragraph are made available notwithstanding section 
     2(b)(2) of the Export-Import Bank Act of 1945, in connection 
     with the purchase or lease of any product by any Eastern 
     European country, any Baltic State or any agency or national 
     thereof.


                        administrative expenses

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

                           receipts collected

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

                Overseas Private Investment Corporation


                           noncredit account

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


                            program account

       For the cost of direct and guaranteed loans, $29,000,000, 
     as authorized by section 234 of the Foreign Assistance Act of 
     1961, to be derived by transfer from the Overseas Private 
     Investment Corporation Noncredit Account: Provided, That such 
     costs, including the cost of modifying such loans, shall be 
     as defined in section 502 of the Congressional Budget Act of 
     1974: Provided further, That such sums shall be available for 
     direct loan obligations and loan guaranty commitments 
     incurred or made during fiscal years 2009, 2010, and 2011: 
     Provided further, That funds so obligated in fiscal year 2009 
     remain available for disbursement through 2017; funds 
     obligated in fiscal year 2010 remain available for 
     disbursement through 2018; and funds obligated in fiscal year 
     2011 remain available for disbursement through 2019: Provided 
     further, That notwithstanding any other provision of law, the 
     Overseas Private Investment Corporation is authorized to 
     undertake any program authorized by title IV of the Foreign 
     Assistance Act of 1961 in Iraq: Provided further, That funds 
     made available pursuant to the authority of the previous 
     proviso shall be subject to the regular notification 
     procedures of the Committees on Appropriations.
       In addition, such sums as may be necessary for 
     administrative expenses to carry out the credit program may 
     be derived from amounts available for administrative expenses 
     to carry out the credit and insurance programs in the 
     Overseas Private Investment Corporation Noncredit Account and 
     merged with said account.

                  Funds Appropriated to the President


                      trade and development agency

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

                               TITLE VII

                           GENERAL PROVISIONS

                      allowances and differentials

       Sec. 7001. Funds appropriated under title I of this Act 
     shall be available, except as otherwise provided, for 
     allowances and differentials as authorized by subchapter 59 
     of title 5, United States Code; for services as authorized by 
     5 U.S.C. 3109; and for hire of passenger transportation 
     pursuant to 31 U.S.C. 1343(b).


                      unobligated balances report

       Sec. 7002. Any Department or Agency to which funds are 
     appropriated or otherwise made available by this Act shall 
     provide to the Committees on Appropriations a quarterly 
     accounting of cumulative balances by program, project, and 
     activity of the funds received by such Department or Agency 
     in this fiscal year or any previous fiscal year that remain 
     unobligated and unexpended.


                          consulting services

       Sec. 7003. The expenditure of any appropriation under title 
     I of this Act for any consulting service through procurement 
     contract, pursuant to 5 U.S.C. 3109, shall be limited to 
     those contracts where such expenditures are a matter of 
     public record and available for public inspection, except 
     where otherwise provided under existing law, or under 
     existing Executive order issued pursuant to existing law.

                          embassy construction

       Sec. 7004. (a) Of funds provided under title I of this Act, 
     except as provided in subsection (b), a project to construct 
     a diplomatic facility of the United States may not include 
     office space or other accommodations for an employee of a 
     Federal agency or department if the Secretary of State 
     determines that such department or agency has not provided to 
     the Department of State the full amount of funding required 
     by subsection (e) of section 604 of the Secure Embassy 
     Construction and Counterterrorism Act of 1999 (as enacted 
     into law by section 1000(a)(7) of Public Law 106-113 and 
     contained in appendix G of that Act; 113 Stat. 1501A-453), as 
     amended by section 629 of the Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act, 2005.
       (b) Notwithstanding the prohibition in subsection (a), a 
     project to construct a diplomatic facility of the United 
     States may include office space or other accommodations for 
     members of the United States Marine Corps.


                           Personnel Actions

       Sec. 7005. Any costs incurred by a department or agency 
     funded under title I of this Act resulting from personnel 
     actions taken in response to funding reductions included in 
     this Act shall be absorbed within the total budgetary 
     resources available under title I to such department or 
     agency: Provided, That the authority to transfer funds 
     between appropriations accounts as may be necessary to carry 
     out this section is provided in addition to authorities 
     included elsewhere in this Act: Provided further, That use of 
     funds to carry out this section shall be treated as a 
     reprogramming of funds under section 7015 of this Act and 
     shall not be available for obligation or expenditure except 
     in compliance with the procedures set forth in that section.


                        CONSULAR AFFAIRS REFORM

       Sec. 7006. Not later than 60 days after the enactment of 
     this Act the Secretary of State shall certify and report to 
     the Committees on Appropriations that the Department of

[[Page 5702]]

     State is implementing recommendations contained in the Office 
     of Inspector General audit ``Review of Controls and 
     Notification for Access to Passport Records in the Department 
     of State's Passport Information Electronic Records System 
     (PIERS)'' (AUD/IP-08-29), July 2008.

        prohibition against direct funding for certain countries

       Sec. 7007. None of the funds appropriated or otherwise made 
     available pursuant to titles III through VI of this Act shall 
     be obligated or expended to finance directly any assistance 
     or reparations for the governments of Cuba, North Korea, 
     Iran, or Syria: Provided, That for purposes of this section, 
     the prohibition on obligations or expenditures shall include 
     direct loans, credits, insurance and guarantees of the 
     Export-Import Bank or its agents.


                             military coups

       Sec. 7008. None of the funds appropriated or otherwise made 
     available pursuant to titles III through VI of this Act shall 
     be obligated or expended to finance directly any assistance 
     to the government of any country whose duly elected head of 
     government is deposed by military coup or decree: Provided, 
     That assistance may be resumed to such government if the 
     President determines and certifies to the Committees on 
     Appropriations that subsequent to the termination of 
     assistance a democratically elected government has taken 
     office: Provided further, That the provisions of this section 
     shall not apply to assistance to promote democratic elections 
     or public participation in democratic processes: Provided 
     further, That funds made available pursuant to the previous 
     provisos shall be subject to the regular notification 
     procedures of the Committees on Appropriations.


                           transfer authority

       Sec. 7009. (a) Department of State and Broadcasting Board 
     of Governors.--Not to exceed 5 percent of any appropriation 
     made available for the current fiscal year for the Department 
     of State under title I of this Act may be transferred between 
     such appropriations, but no such appropriation, except as 
     otherwise specifically provided, shall be increased by more 
     than 10 percent by any such transfers: Provided, That not to 
     exceed 5 percent of any appropriation made available for the 
     current fiscal year for the Broadcasting Board of Governors 
     under title I of this Act may be transferred between such 
     appropriations, but no such appropriation, except as 
     otherwise specifically provided, shall be increased by more 
     than 10 percent by any such transfers: Provided further, That 
     any transfer pursuant to this section shall be treated as a 
     reprogramming of funds under section 7015(a) and (b) of this 
     Act and shall not be available for obligation or expenditure 
     except in compliance with the procedures set forth in that 
     section.
       (b) Export Financing Transfer Authorities.--Not to exceed 5 
     percent of any appropriation other than for administrative 
     expenses made available for fiscal year 2009, for programs 
     under title VI of this Act may be transferred between such 
     appropriations for use for any of the purposes, programs, and 
     activities for which the funds in such receiving account may 
     be used, but no such appropriation, except as otherwise 
     specifically provided, shall be increased by more than 25 
     percent by any such transfer: Provided, That the exercise of 
     such authority shall be subject to the regular notification 
     procedures of the Committees on Appropriations.
       (c)(1) Limitation on Transfers Between Agencies.--None of 
     the funds made available under titles II through V of this 
     Act may be transferred to any department, agency, or 
     instrumentality of the United States Government, except 
     pursuant to a transfer made by, or transfer authority 
     provided in, this Act or any other appropriation Act.
       (2) Notwithstanding paragraph (1), in addition to transfers 
     made by, or authorized elsewhere in, this Act, funds 
     appropriated by this Act to carry out the purposes of the 
     Foreign Assistance Act of 1961 may be allocated or 
     transferred to agencies of the United States Government 
     pursuant to the provisions of sections 109, 610, and 632 of 
     the Foreign Assistance Act of 1961.
       (d) Transfers Between Accounts.--None of the funds made 
     available under titles II through V of this Act may be 
     obligated under an appropriation account to which they were 
     not appropriated, except for transfers specifically provided 
     for in this Act, unless the President provides notification 
     in accordance with the regular notification procedures of the 
     Committees on Appropriations.
       (e) Audit of Inter-Agency Transfers.--Any agreement for the 
     transfer or allocation of funds appropriated by this Act, or 
     prior Acts, entered into between the United States Agency for 
     International Development and another agency of the United 
     States Government under the authority of section 632(a) of 
     the Foreign Assistance Act of 1961 or any comparable 
     provision of law, shall expressly provide that the Office of 
     the Inspector General for the agency receiving the transfer 
     or allocation of such funds shall perform periodic program 
     and financial audits of the use of such funds: Provided, That 
     funds transferred under such authority may be made available 
     for the cost of such audits.


                         reporting requirement

       Sec. 7010. The Secretary of State shall provide the 
     Committees on Appropriations, not later than April 1, 2009, 
     and for each fiscal quarter, a report in writing on the uses 
     of funds made available under the headings ``Foreign Military 
     Financing Program'', ``International Military Education and 
     Training'', and ``Peacekeeping Operations'': Provided, That 
     such report shall include a description of the obligation and 
     expenditure of funds, and the specific country in receipt of, 
     and the use or purpose of the assistance provided by such 
     funds.


                         availability of funds

       Sec. 7011. No part of any appropriation contained in this 
     Act shall remain available for obligation after the 
     expiration of the current fiscal year unless expressly so 
     provided in this Act: Provided, That funds appropriated for 
     the purposes of chapters 1, 8, 11, and 12 of part I, section 
     661, section 667, chapters 4, 5, 6, 8, and 9 of part II of 
     the Foreign Assistance Act of 1961, section 23 of the Arms 
     Export Control Act, and funds provided under the headings 
     ``Assistance for Europe, Eurasia and Central Asia'' and 
     ``Development Credit Authority'', shall remain available for 
     an additional 4 years from the date on which the availability 
     of such funds would otherwise have expired, if such funds are 
     initially obligated before the expiration of their respective 
     periods of availability contained in this Act: Provided 
     further, That, notwithstanding any other provision of this 
     Act, any funds made available for the purposes of chapter 1 
     of part I and chapter 4 of part II of the Foreign Assistance 
     Act of 1961 which are allocated or obligated for cash 
     disbursements in order to address balance of payments or 
     economic policy reform objectives, shall remain available 
     until expended.


            limitation on assistance to countries in default

       Sec. 7012. No part of any appropriation provided under 
     titles III through VI in this Act shall be used to furnish 
     assistance to the government of any country which is in 
     default during a period in excess of one calendar year in 
     payment to the United States of principal or interest on any 
     loan made to the government of such country by the United 
     States pursuant to a program for which funds are appropriated 
     under this Act unless the President determines, following 
     consultations with the Committees on Appropriations, that 
     assistance to such country is in the national interest of the 
     United States.


          prohibition on taxation of united states assistance

       Sec. 7013. (a) Prohibition on Taxation.--None of the funds 
     appropriated under titles III through VI of this Act may be 
     made available to provide assistance for a foreign country 
     under a new bilateral agreement governing the terms and 
     conditions under which such assistance is to be provided 
     unless such agreement includes a provision stating that 
     assistance provided by the United States shall be exempt from 
     taxation, or reimbursed, by the foreign government, and the 
     Secretary of State shall expeditiously seek to negotiate 
     amendments to existing bilateral agreements, as necessary, to 
     conform with this requirement.
       (b) Reimbursement of Foreign Taxes.--An amount equivalent 
     to 200 percent of the total taxes assessed during fiscal year 
     2009 on funds appropriated by this Act by a foreign 
     government or entity against commodities financed under 
     United States assistance programs for which funds are 
     appropriated by this Act, either directly or through 
     grantees, contractors and subcontractors shall be withheld 
     from obligation from funds appropriated for assistance for 
     fiscal year 2010 and allocated for the central government of 
     such country and for the West Bank and Gaza program to the 
     extent that the Secretary of State certifies and reports in 
     writing to the Committees on Appropriations that such taxes 
     have not been reimbursed to the Government of the United 
     States.
       (c) De Minimis Exception.--Foreign taxes of a de minimis 
     nature shall not be subject to the provisions of subsection 
     (b).
       (d) Reprogramming of Funds.--Funds withheld from obligation 
     for each country or entity pursuant to subsection (b) shall 
     be reprogrammed for assistance to countries which do not 
     assess taxes on United States assistance or which have an 
     effective arrangement that is providing substantial 
     reimbursement of such taxes.
       (e) Determinations.--
       (1) The provisions of this section shall not apply to any 
     country or entity the Secretary of State determines--
       (A) does not assess taxes on United States assistance or 
     which has an effective arrangement that is providing 
     substantial reimbursement of such taxes; or
       (B) the foreign policy interests of the United States 
     outweigh the purpose of this section to ensure that United 
     States assistance is not subject to taxation.
       (2) The Secretary of State shall consult with the 
     Committees on Appropriations at least 15 days prior to 
     exercising the authority of this subsection with regard to 
     any country or entity.
       (f) Implementation.--The Secretary of State shall issue 
     rules, regulations, or policy guidance, as appropriate, to 
     implement the prohibition against the taxation of assistance 
     contained in this section.

[[Page 5703]]

       (g) Definitions.--As used in this section--
       (1) the terms ``taxes'' and ``taxation'' refer to value 
     added taxes and customs duties imposed on commodities 
     financed with United States assistance for programs for which 
     funds are appropriated by this Act; and
       (2) the term ``bilateral agreement'' refers to a framework 
     bilateral agreement between the Government of the United 
     States and the government of the country receiving assistance 
     that describes the privileges and immunities applicable to 
     United States foreign assistance for such country generally, 
     or an individual agreement between the Government of the 
     United States and such government that describes, among other 
     things, the treatment for tax purposes that will be accorded 
     the United States assistance provided under that agreement.

                         reservations of funds

       Sec. 7014. (a) Funds appropriated under titles II through 
     VI of this Act which are specifically designated may be 
     reprogrammed for other programs within the same account 
     notwithstanding the designation if compliance with the 
     designation is made impossible by operation of any provision 
     of this or any other Act: Provided, That any such 
     reprogramming shall be subject to the regular notification 
     procedures of the Committees on Appropriations: Provided 
     further, That assistance that is reprogrammed pursuant to 
     this subsection shall be made available under the same terms 
     and conditions as originally provided.
       (b) In addition to the authority contained in subsection 
     (a), the original period of availability of funds 
     appropriated by this Act and administered by the United 
     States Agency for International Development that are 
     specifically designated for particular programs or activities 
     by this or any other Act shall be extended for an additional 
     fiscal year if the Administrator of such agency determines 
     and reports promptly to the Committees on Appropriations that 
     the termination of assistance to a country or a significant 
     change in circumstances makes it unlikely that such 
     designated funds can be obligated during the original period 
     of availability: Provided, That such designated funds that 
     continue to be available for an additional fiscal year shall 
     be obligated only for the purpose of such designation.
       (c) Ceilings and specifically designated funding levels 
     contained in this Act shall not be applicable to funds or 
     authorities appropriated or otherwise made available by any 
     subsequent Act unless such Act specifically so directs: 
     Provided, That specifically designated funding levels or 
     minimum funding requirements contained in any other Act shall 
     not be applicable to funds appropriated by this Act.


                reprogramming notification requirements

       Sec. 7015. (a) None of the funds made available in title I 
     of this Act, or in prior appropriations Acts to the agencies 
     and departments funded by this Act that remain available for 
     obligation or expenditure in fiscal year 2009, or provided 
     from any accounts in the Treasury of the United States 
     derived by the collection of fees or of currency reflows or 
     other offsetting collections, or made available by transfer, 
     to the agencies and departments funded by this Act, shall be 
     available for obligation or expenditure through a 
     reprogramming of funds that: (1) creates new programs; (2) 
     eliminates a program, project, or activity; (3) increases 
     funds or personnel by any means for any project or activity 
     for which funds have been denied or restricted; (4) relocates 
     an office or employees; (5) closes or opens a mission or 
     post; (6) reorganizes or renames offices; (7) reorganizes 
     programs or activities; or (8) contracts out or privatizes 
     any functions or activities presently performed by Federal 
     employees; unless the Committees on Appropriations are 
     notified 15 days in advance of such reprogramming of funds.
       (b) For the purposes of providing the executive branch with 
     the necessary administrative flexibility, none of the funds 
     provided under title I of this Act, or provided under 
     previous appropriations Acts to the agency or department 
     funded under title I of this Act that remain available for 
     obligation or expenditure in fiscal year 2009, or provided 
     from any accounts in the Treasury of the United States 
     derived by the collection of fees available to the agency or 
     department funded by title I of this Act, shall be available 
     for obligation or expenditure for activities, programs, or 
     projects through a reprogramming of funds in excess of 
     $750,000 or 10 percent, whichever is less, that: (1) augments 
     existing programs, projects, or activities; (2) reduces by 10 
     percent funding for any existing program, project, or 
     activity, or numbers of personnel by 10 percent as approved 
     by Congress; or (3) results from any general savings, 
     including savings from a reduction in personnel, which would 
     result in a change in existing programs, activities, or 
     projects as approved by Congress; unless the Committees on 
     Appropriations are notified 15 days in advance of such 
     reprogramming of funds.
       (c) For the purposes of providing the executive branch with 
     the necessary administrative flexibility, none of the funds 
     made available under titles II through V in this Act under 
     the headings ``Global Health and Child Survival'', 
     ``Development Assistance'', ``International Organizations and 
     Programs'', ``Trade and Development Agency'', ``International 
     Narcotics Control and Law Enforcement'', ``Andean Counterdrug 
     Programs'', ``Assistance for Europe, Eurasia and Central 
     Asia'', ``Economic Support Fund'', ``Democracy Fund'', 
     ``Peacekeeping Operations'', ``Capital Investment Fund'', 
     ``Operating Expenses'', ``Office of Inspector General'', 
     ``Nonproliferation, Anti-terrorism, Demining and Related 
     Programs'', ``Millennium Challenge Corporation'', ``Foreign 
     Military Financing Program'', ``International Military 
     Education and Training'', ``Peace Corps'', and ``Migration 
     and Refugee Assistance'', shall be available for obligation 
     for activities, programs, projects, type of materiel 
     assistance, countries, or other operations not justified or 
     in excess of the amount justified to the Committees on 
     Appropriations for obligation under any of these specific 
     headings unless the Committees on Appropriations are 
     previously notified 15 days in advance: Provided, That the 
     President shall not enter into any commitment of funds 
     appropriated for the purposes of section 23 of the Arms 
     Export Control Act for the provision of major defense 
     equipment, other than conventional ammunition, or other major 
     defense items defined to be aircraft, ships, missiles, or 
     combat vehicles, not previously justified to Congress or 20 
     percent in excess of the quantities justified to Congress 
     unless the Committees on Appropriations are notified 15 days 
     in advance of such commitment: Provided further, That this 
     subsection shall not apply to any reprogramming for an 
     activity, program, or project for which funds are 
     appropriated under titles II through IV of this Act of less 
     than 10 percent of the amount previously justified to the 
     Congress for obligation for such activity, program, or 
     project for the current fiscal year.
       (d) Notwithstanding any other provision of law, funds 
     transferred by the Department of Defense to the Department of 
     State and the United States Agency for International 
     Development, and funds made available for programs authorized 
     by section 1206 of the National Defense Authorization Act for 
     Fiscal Year 2006 (Public Law 109-163), shall be subject to 
     the regular notification procedures of the Committees on 
     Appropriations, and the agency receiving the transfer or 
     allocation shall perform periodic program financial audits of 
     the use of such funds and such funds may be made available 
     for the cost of such audits.
       (e) The requirements of this section or any similar 
     provision of this Act or any other Act, including any prior 
     Act requiring notification in accordance with the regular 
     notification procedures of the Committees on Appropriations, 
     may be waived if failure to do so would pose a substantial 
     risk to human health or welfare: Provided, That in case of 
     any such waiver, notification to the Congress, or the 
     appropriate congressional committees, shall be provided as 
     early as practicable, but in no event later than 3 days after 
     taking the action to which such notification requirement was 
     applicable, in the context of the circumstances necessitating 
     such waiver: Provided further, That any notification provided 
     pursuant to such a waiver shall contain an explanation of the 
     emergency circumstances.
       (f) None of the funds appropriated under titles III through 
     VI of this Act shall be obligated or expended for assistance 
     for Serbia, Sudan, Zimbabwe, Pakistan, Dominican Republic, 
     Cuba, Iran, Haiti, Libya, Ethiopia, Nepal, Mexico, or 
     Cambodia and countries listed in section 7045(f)(4) of this 
     Act except as provided through the regular notification 
     procedures of the Committees on Appropriations.


                notification on excess defense equipment

       Sec. 7016. Prior to providing excess Department of Defense 
     articles in accordance with section 516(a) of the Foreign 
     Assistance Act of 1961, the Department of Defense shall 
     notify the Committees on Appropriations to the same extent 
     and under the same conditions as other committees pursuant to 
     subsection (f) of that section: Provided, That before issuing 
     a letter of offer to sell excess defense articles under the 
     Arms Export Control Act, the Department of Defense shall 
     notify the Committees on Appropriations in accordance with 
     the regular notification procedures of such Committees if 
     such defense articles are significant military equipment (as 
     defined in section 47(9) of the Arms Export Control Act) or 
     are valued (in terms of original acquisition cost) at 
     $7,000,000 or more, or if notification is required elsewhere 
     in this Act for the use of appropriated funds for specific 
     countries that would receive such excess defense articles: 
     Provided further, That such Committees shall also be informed 
     of the original acquisition cost of such defense articles.

limitation on availability of funds for international organizations and 
                                programs

       Sec. 7017. Subject to the regular notification procedures 
     of the Committees on Appropriations, funds appropriated under 
     titles III through VI of this Act or any previously enacted 
     Act making appropriations for the Department of State, 
     foreign operations, and related programs, which are returned 
     or not made available for organizations and programs because 
     of the implementation of section 307(a) of the Foreign 
     Assistance Act of

[[Page 5704]]

     1961, shall remain available for obligation until September 
     30, 2010.

   prohibition on funding for abortions and involuntary sterilization

       Sec. 7018. None of the funds made available to carry out 
     part I of the Foreign Assistance Act of 1961, as amended, may 
     be used to pay for the performance of abortions as a method 
     of family planning or to motivate or coerce any person to 
     practice abortions. None of the funds made available to carry 
     out part I of the Foreign Assistance Act of 1961, as amended, 
     may be used to pay for the performance of involuntary 
     sterilization as a method of family planning or to coerce or 
     provide any financial incentive to any person to undergo 
     sterilizations. None of the funds made available to carry out 
     part I of the Foreign Assistance Act of 1961, as amended, may 
     be used to pay for any biomedical research which relates in 
     whole or in part, to methods of, or the performance of, 
     abortions or involuntary sterilization as a means of family 
     planning. None of the funds made available to carry out part 
     I of the Foreign Assistance Act of 1961, as amended, may be 
     obligated or expended for any country or organization if the 
     President certifies that the use of these funds by any such 
     country or organization would violate any of the above 
     provisions related to abortions and involuntary 
     sterilizations.


                              allocations

       Sec. 7019. (a) Funds provided in this Act for the following 
     accounts shall be made available for programs and countries 
     in the amounts contained in the respective tables included in 
     the explanatory statement described in section 4 (in the 
     matter preceding division A of this consolidated Act):
       ``Educational and Cultural Exchange Programs''.
       ``International Fisheries Commissions''.
       ``International Broadcasting Operations''.
       ``Global Health and Child Survival''.
       ``Development Assistance''.
       ``Economic Support Fund''.
       ``Assistance for Europe, Eurasia and Central Asia''.
       ``Andean Counterdrug Programs''.
       ``Nonproliferation, Anti-terrorism, Demining and Related 
     Programs''.
       ``Foreign Military Financing Program''.
       ``International Organizations and Programs''.
       (b) For the purposes of implementing this section and only 
     with respect to the tables included in the explanatory 
     statement described in section 4 (in the matter preceding 
     division A of this consolidated Act), the Secretary of State, 
     Administrator of the United States Agency for International 
     Development and the Broadcasting Board of Governors, as 
     appropriate, may propose deviations to the amounts referenced 
     in subsection (a), subject to the regular notification 
     procedures of the Committees on Appropriations and section 
     634A of the Foreign Assistance Act of 1961.
       (c) The requirements contained in subsection (a) shall 
     apply to the table under the headings ``Bilateral Economic 
     Assistance'' and ``General Provisions'' in such explanatory 
     statement.


               prohibition of payment of certain expenses

       Sec. 7020. None of the funds appropriated or otherwise made 
     available by this Act under the headings ``International 
     Military Education and Training'' or ``Foreign Military 
     Financing Program'' for Informational Program activities or 
     under the headings ``Global Health and Child Survival'', 
     ``Development Assistance'', and ``Economic Support Fund'' may 
     be obligated or expended to pay for--
       (1) alcoholic beverages; or
       (2) entertainment expenses for activities that are 
     substantially of a recreational character, including but not 
     limited to entrance fees at sporting events, theatrical and 
     musical productions, and amusement parks.

  prohibition on assistance to foreign governments that export lethal 
   military equipment to countries supporting international terrorism

       Sec. 7021. (a) None of the funds appropriated or otherwise 
     made available by titles III through VI of this Act may be 
     available to any foreign government which provides lethal 
     military equipment to a country the government of which the 
     Secretary of State has determined is a government that 
     supports international terrorism for purposes of section 6(j) 
     of the Export Administration Act of 1979. The prohibition 
     under this section with respect to a foreign government shall 
     terminate 12 months after that government ceases to provide 
     such military equipment. This section applies with respect to 
     lethal military equipment provided under a contract entered 
     into after October 1, 1997.
       (b) Assistance restricted by subsection (a) or any other 
     similar provision of law, may be furnished if the President 
     determines that furnishing such assistance is important to 
     the national interests of the United States.
       (c) Whenever the President makes a determination pursuant 
     to subsection (b), the President shall submit to the 
     appropriate congressional committees a report with respect to 
     the furnishing of such assistance. Any such report shall 
     include a detailed explanation of the assistance to be 
     provided, including the estimated dollar amount of such 
     assistance, and an explanation of how the assistance furthers 
     United States national interests.


       prohibition on bilateral assistance to terrorist countries

       Sec. 7022. (a) Funds appropriated for bilateral assistance 
     under any heading in titles III through VI of this Act and 
     funds appropriated under any such heading in a provision of 
     law enacted prior to the enactment of this Act, shall not be 
     made available to any country which the President 
     determines--
       (1) grants sanctuary from prosecution to any individual or 
     group which has committed an act of international terrorism; 
     or
       (2) otherwise supports international terrorism.
       (b) The President may waive the application of subsection 
     (a) to a country if the President determines that national 
     security or humanitarian reasons justify such waiver. The 
     President shall publish each waiver in the Federal Register 
     and, at least 15 days before the waiver takes effect, shall 
     notify the Committees on Appropriations of the waiver 
     (including the justification for the waiver) in accordance 
     with the regular notification procedures of the Committees on 
     Appropriations.

                       authorization requirements

       Sec. 7023. Funds appropriated by this Act, except funds 
     appropriated under the heading ``Trade and Development 
     Agency'', may be obligated and expended notwithstanding 
     section 10 of Public Law 91-672, section 15 of the State 
     Department Basic Authorities Act of 1956, section 313 of the 
     Foreign Relations Authorization Act, Fiscal Years 1994 and 
     1995 (Public Law 103-236), and section 504(a)(1) of the 
     National Security Act of 1947 (50 U.S.C. 414(a)(1)).


              definition of program, project, and activity

       Sec. 7024. For the purpose of titles II through VI of this 
     Act ``program, project, and activity'' shall be defined at 
     the appropriations Act account level and shall include all 
     appropriations and authorizations Acts funding directives, 
     ceilings, and limitations with the exception that for the 
     following accounts: ``Economic Support Fund'' and ``Foreign 
     Military Financing Program'', ``program, project, and 
     activity'' shall also be considered to include country, 
     regional, and central program level funding within each such 
     account; for the development assistance accounts of the 
     United States Agency for International Development ``program, 
     project, and activity'' shall also be considered to include 
     central, country, regional, and program level funding, either 
     as: (1) justified to the Congress; or (2) allocated by the 
     executive branch in accordance with a report, to be provided 
     to the Committees on Appropriations within 30 days of the 
     enactment of this Act, as required by section 653(a) of the 
     Foreign Assistance Act of 1961.


authorities for the peace corps, inter-american foundation and african 
                         development foundation

       Sec. 7025. Unless expressly provided to the contrary, 
     provisions of this or any other Act, including provisions 
     contained in prior Acts authorizing or making appropriations 
     for the Department of State, foreign operations, and related 
     programs, shall not be construed to prohibit activities 
     authorized by or conducted under the Peace Corps Act, the 
     Inter-American Foundation Act or the African Development 
     Foundation Act. The agency shall promptly report to the 
     Committees on Appropriations whenever it is conducting 
     activities or is proposing to conduct activities in a country 
     for which assistance is prohibited.

                commerce, trade and surplus commodities

       Sec. 7026. (a) None of the funds appropriated or made 
     available pursuant to titles III through VI of this Act for 
     direct assistance and none of the funds otherwise made 
     available to the Export-Import Bank and the Overseas Private 
     Investment Corporation shall be obligated or expended to 
     finance any loan, any assistance or any other financial 
     commitments for establishing or expanding production of any 
     commodity for export by any country other than the United 
     States, if the commodity is likely to be in surplus on world 
     markets at the time the resulting productive capacity is 
     expected to become operative and if the assistance will cause 
     substantial injury to United States producers of the same, 
     similar, or competing commodity: Provided, That such 
     prohibition shall not apply to the Export-Import Bank if in 
     the judgment of its Board of Directors the benefits to 
     industry and employment in the United States are likely to 
     outweigh the injury to United States producers of the same, 
     similar, or competing commodity, and the Chairman of the 
     Board so notifies the Committees on Appropriations.
       (b) None of the funds appropriated by this or any other Act 
     to carry out chapter 1 of part I of the Foreign Assistance 
     Act of 1961 shall be available for any testing or breeding 
     feasibility study, variety improvement or introduction, 
     consultancy, publication, conference, or training in 
     connection with the growth or production in a foreign country 
     of an agricultural commodity for export which would compete 
     with a similar commodity grown or produced in the United 
     States: Provided, That this subsection shall not prohibit--

[[Page 5705]]

       (1) activities designed to increase food security in 
     developing countries where such activities will not have a 
     significant impact on the export of agricultural commodities 
     of the United States; or
       (2) research activities intended primarily to benefit 
     American producers.
       (c) The Secretary of the Treasury shall instruct the United 
     States Executive Directors of the International Bank for 
     Reconstruction and Development, the International Development 
     Association, the International Finance Corporation, the 
     Inter-American Development Bank, the International Monetary 
     Fund, the Asian Development Bank, the Inter-American 
     Investment Corporation, the North American Development Bank, 
     the European Bank for Reconstruction and Development, the 
     African Development Bank, and the African Development Fund to 
     use the voice and vote of the United States to oppose any 
     assistance by these institutions, using funds appropriated or 
     made available pursuant to titles III through VI of this Act, 
     for the production or extraction of any commodity or mineral 
     for export, if it is in surplus on world markets and if the 
     assistance will cause substantial injury to United States 
     producers of the same, similar, or competing commodity.


                           separate accounts

       Sec. 7027. (a) Separate Accounts for Local Currencies.--
       (1) If assistance is furnished to the government of a 
     foreign country under chapters 1 and 10 of part I or chapter 
     4 of part II of the Foreign Assistance Act of 1961 under 
     agreements which result in the generation of local currencies 
     of that country, the Administrator of the United States 
     Agency for International Development shall--
       (A) require that local currencies be deposited in a 
     separate account established by that government;
       (B) enter into an agreement with that government which sets 
     forth--
       (i) the amount of the local currencies to be generated; and
       (ii) the terms and conditions under which the currencies so 
     deposited may be utilized, consistent with this section; and
       (C) establish by agreement with that government the 
     responsibilities of the United States Agency for 
     International Development and that government to monitor and 
     account for deposits into and disbursements from the separate 
     account.
       (2) Uses of local currencies.--As may be agreed upon with 
     the foreign government, local currencies deposited in a 
     separate account pursuant to subsection (a), or an equivalent 
     amount of local currencies, shall be used only--
       (A) to carry out chapter 1 or 10 of part I or chapter 4 of 
     part II (as the case may be), for such purposes as--
       (i) project and sector assistance activities; or
       (ii) debt and deficit financing; or
       (B) for the administrative requirements of the United 
     States Government.
       (3) Programming accountability.--The United States Agency 
     for International Development shall take all necessary steps 
     to ensure that the equivalent of the local currencies 
     disbursed pursuant to subsection (a)(2)(A) from the separate 
     account established pursuant to subsection (a)(1) are used 
     for the purposes agreed upon pursuant to subsection (a)(2).
       (4) Termination of assistance programs.--Upon termination 
     of assistance to a country under chapter 1 or 10 of part I or 
     chapter 4 of part II (as the case may be), any unencumbered 
     balances of funds which remain in a separate account 
     established pursuant to subsection (a) shall be disposed of 
     for such purposes as may be agreed to by the government of 
     that country and the United States Government.
       (5) Reporting requirement.--The Administrator of the United 
     States Agency for International Development shall report on 
     an annual basis as part of the justification documents 
     submitted to the Committees on Appropriations on the use of 
     local currencies for the administrative requirements of the 
     United States Government as authorized in subsection 
     (a)(2)(B), and such report shall include the amount of local 
     currency (and United States dollar equivalent) used and/or to 
     be used for such purpose in each applicable country.
       (b) Separate Accounts for Cash Transfers.--
       (1) If assistance is made available to the government of a 
     foreign country, under chapter 1 or 10 of part I or chapter 4 
     of part II of the Foreign Assistance Act of 1961, as cash 
     transfer assistance or as nonproject sector assistance, that 
     country shall be required to maintain such funds in a 
     separate account and not commingle them with any other funds.
       (2) Applicability of other provisions of law.--Such funds 
     may be obligated and expended notwithstanding provisions of 
     law which are inconsistent with the nature of this assistance 
     including provisions which are referenced in the Joint 
     Explanatory Statement of the Committee of Conference 
     accompanying House Joint Resolution 648 (House Report No. 98-
     1159).
       (3) Notification.--At least 15 days prior to obligating any 
     such cash transfer or nonproject sector assistance, the 
     President shall submit a notification through the regular 
     notification procedures of the Committees on Appropriations, 
     which shall include a detailed description of how the funds 
     proposed to be made available will be used, with a discussion 
     of the United States interests that will be served by the 
     assistance (including, as appropriate, a description of the 
     economic policy reforms that will be promoted by such 
     assistance).
       (4) Exemption.--Nonproject sector assistance funds may be 
     exempt from the requirements of subsection (b)(1) only 
     through the notification procedures of the Committees on 
     Appropriations.


                       eligibility for assistance

       Sec. 7028. (a) Assistance Through Nongovernmental 
     Organizations.--Restrictions contained in this or any other 
     Act with respect to assistance for a country shall not be 
     construed to restrict assistance in support of programs of 
     nongovernmental organizations from funds appropriated by this 
     Act to carry out the provisions of chapters 1, 10, 11, and 12 
     of part I and chapter 4 of part II of the Foreign Assistance 
     Act of 1961, and from funds appropriated under the heading 
     ``Assistance for Europe, Eurasia and Central Asia'': 
     Provided, That before using the authority of this subsection 
     to furnish assistance in support of programs of 
     nongovernmental organizations, the President shall notify the 
     Committees on Appropriations under the regular notification 
     procedures of those committees, including a description of 
     the program to be assisted, the assistance to be provided, 
     and the reasons for furnishing such assistance: Provided 
     further, That nothing in this subsection shall be construed 
     to alter any existing statutory prohibitions against abortion 
     or involuntary sterilizations contained in this or any other 
     Act.
       (b) Public Law 480.--During fiscal year 2009, restrictions 
     contained in this or any other Act with respect to assistance 
     for a country shall not be construed to restrict assistance 
     under the Agricultural Trade Development and Assistance Act 
     of 1954: Provided, That none of the funds appropriated to 
     carry out title I of such Act and made available pursuant to 
     this subsection may be obligated or expended except as 
     provided through the regular notification procedures of the 
     Committees on Appropriations.
       (c) Exception.--This section shall not apply--
       (1) with respect to section 620A of the Foreign Assistance 
     Act of 1961 or any comparable provision of law prohibiting 
     assistance to countries that support international terrorism; 
     or
       (2) with respect to section 116 of the Foreign Assistance 
     Act of 1961 or any comparable provision of law prohibiting 
     assistance to the government of a country that violates 
     internationally recognized human rights.

                  impact on jobs in the united states

       Sec. 7029. None of the funds appropriated under titles III 
     through VI of this Act may be obligated or expended to 
     provide--
       (1) any financial incentive to a business enterprise 
     currently located in the United States for the purpose of 
     inducing such an enterprise to relocate outside the United 
     States if such incentive or inducement is likely to reduce 
     the number of employees of such business enterprise in the 
     United States because United States production is being 
     replaced by such enterprise outside the United States; or
       (2) assistance for any program, project, or activity that 
     contributes to the violation of internationally recognized 
     workers rights, as defined in section 507(4) of the Trade Act 
     of 1974, of workers in the recipient country, including any 
     designated zone or area in that country: Provided, That the 
     application of section 507(4)(D) and (E) of such Act should 
     be commensurate with the level of development of the 
     recipient country and sector, and shall not preclude 
     assistance for the informal sector in such country, micro and 
     small-scale enterprise, and smallholder agriculture.

                  international financial institutions

       Sec. 7030. (a) None of the funds appropriated in title V of 
     this Act may be made as payment to any international 
     financial institution while the United States Executive 
     Director to such institution is compensated by the 
     institution at a rate which, together with whatever 
     compensation such Director receives from the United States, 
     is in excess of the rate provided for an individual occupying 
     a position at level IV of the Executive Schedule under 
     section 5315 of title 5, United States Code, or while any 
     alternate United States Director to such institution is 
     compensated by the institution at a rate in excess of the 
     rate provided for an individual occupying a position at level 
     V of the Executive Schedule under section 5316 of title 5, 
     United States Code.
       (b) The Secretary of the Treasury shall instruct the United 
     States Executive Director at each international financial 
     institution to oppose any loan, grant, strategy or policy of 
     these institutions that would require user fees or service 
     charges on poor people for primary education or primary 
     healthcare, including prevention, care and treatment for HIV/
     AIDS, malaria, tuberculosis, and infant, child, and maternal 
     well-being, in connection with the institutions' financing 
     programs.

[[Page 5706]]

       (c) The Secretary of the Treasury shall instruct the United 
     States Executive Director at the International Monetary Fund 
     to use the voice and vote of the United States to oppose any 
     loan, project, agreement, memorandum, instrument, or other 
     program of the International Monetary Fund that would not 
     exempt increased government spending on health care or 
     education from national budget caps or restraints, hiring or 
     wage bill ceilings or other limits imposed by the 
     International Monetary Fund in Heavily Indebted Poor 
     Countries.
       (d) For purposes of this section ``international financial 
     institutions'' are the International Bank for Reconstruction 
     and Development, the Inter-American Development Bank, the 
     Asian Development Bank, the Asian Development Fund, the 
     African Development Bank, the African Development Fund, the 
     International Monetary Fund, the North American Development 
     Bank, and the European Bank for Reconstruction and 
     Development.


                          debt-for-development

       Sec. 7031. In order to enhance the continued participation 
     of nongovernmental organizations in debt-for-development and 
     debt-for-nature exchanges, a nongovernmental organization 
     which is a grantee or contractor of the United States Agency 
     for International Development may place in interest bearing 
     accounts local currencies which accrue to that organization 
     as a result of economic assistance provided under title III 
     of this Act and, subject to the regular notification 
     procedures of the Committees on Appropriations, any interest 
     earned on such investment shall be used for the purpose for 
     which the assistance was provided to that organization.


             Authority to Engage in Debt Buybacks or Sales

       Sec. 7032. (a) Loans Eligible for Sale, Reduction, or 
     Cancellation.--
       (1) Authority to sell, reduce, or cancel certain loans.--
     Notwithstanding any other provision of law, the President 
     may, in accordance with this section, sell to any eligible 
     purchaser any concessional loan or portion thereof made 
     before January 1, 1995, pursuant to the Foreign Assistance 
     Act of 1961, to the government of any eligible country as 
     defined in section 702(6) of that Act or on receipt of 
     payment from an eligible purchaser, reduce or cancel such 
     loan or portion thereof, only for the purpose of 
     facilitating--
       (A) debt-for-equity swaps, debt-for-development swaps, or 
     debt-for-nature swaps; or
       (B) a debt buyback by an eligible country of its own 
     qualified debt, only if the eligible country uses an 
     additional amount of the local currency of the eligible 
     country, equal to not less than 40 percent of the price paid 
     for such debt by such eligible country, or the difference 
     between the price paid for such debt and the face value of 
     such debt, to support activities that link conservation and 
     sustainable use of natural resources with local community 
     development, and child survival and other child development, 
     in a manner consistent with sections 707 through 710 of the 
     Foreign Assistance Act of 1961, if the sale, reduction, or 
     cancellation would not contravene any term or condition of 
     any prior agreement relating to such loan.
       (2) Terms and conditions.--Notwithstanding any other 
     provision of law, the President shall, in accordance with 
     this section, establish the terms and conditions under which 
     loans may be sold, reduced, or canceled pursuant to this 
     section.
       (3) Administration.--The Facility, as defined in section 
     702(8) of the Foreign Assistance Act of 1961, shall notify 
     the administrator of the agency primarily responsible for 
     administering part I of the Foreign Assistance Act of 1961 of 
     purchasers that the President has determined to be eligible, 
     and shall direct such agency to carry out the sale, 
     reduction, or cancellation of a loan pursuant to this 
     section. Such agency shall make adjustment in its accounts to 
     reflect the sale, reduction, or cancellation.
       (4) Limitation.--The authorities of this subsection shall 
     be available only to the extent that appropriations for the 
     cost of the modification, as defined in section 502 of the 
     Congressional Budget Act of 1974, are made in advance.
       (b) Deposit of Proceeds.--The proceeds from the sale, 
     reduction, or cancellation of any loan sold, reduced, or 
     canceled pursuant to this section shall be deposited in the 
     United States Government account or accounts established for 
     the repayment of such loan.
       (c) Eligible Purchasers.--A loan may be sold pursuant to 
     subsection (a)(1)(A) only to a purchaser who presents plans 
     satisfactory to the President for using the loan for the 
     purpose of engaging in debt-for-equity swaps, debt-for-
     development swaps, or debt-for-nature swaps.
       (d) Debtor Consultations.--Before the sale to any eligible 
     purchaser, or any reduction or cancellation pursuant to this 
     section, of any loan made to an eligible country, the 
     President should consult with the country concerning the 
     amount of loans to be sold, reduced, or canceled and their 
     uses for debt-for-equity swaps, debt-for-development swaps, 
     or debt-for-nature swaps.
       (e) Availability of Funds.--The authority provided by 
     subsection (a) may be used only with regard to funds 
     appropriated by this Act under the heading ``Debt 
     Restructuring''.


                  Special Debt Relief for the Poorest

       Sec. 7033. (a) Authority to Reduce Debt.--The President may 
     reduce amounts owed to the United States (or any agency of 
     the United States) by an eligible country as a result of--
       (1) guarantees issued under sections 221 and 222 of the 
     Foreign Assistance Act of 1961;
       (2) credits extended or guarantees issued under the Arms 
     Export Control Act; or
       (3) any obligation or portion of such obligation, to pay 
     for purchases of United States agricultural commodities 
     guaranteed by the Commodity Credit Corporation under export 
     credit guarantee programs authorized pursuant to section 5(f) 
     of the Commodity Credit Corporation Charter Act of June 29, 
     1948, as amended, section 4(b) of the Food for Peace Act of 
     1966, as amended (Public Law 89-808), or section 202 of the 
     Agricultural Trade Act of 1978, as amended (Public Law 95-
     501).
       (b) Limitations.--
       (1) The authority provided by subsection (a) may be 
     exercised only to implement multilateral official debt relief 
     and referendum agreements, commonly referred to as ``Paris 
     Club Agreed Minutes''.
       (2) The authority provided by subsection (a) may be 
     exercised only in such amounts or to such extent as is 
     provided in advance by appropriations Acts.
       (3) The authority provided by subsection (a) may be 
     exercised only with respect to countries with heavy debt 
     burdens that are eligible to borrow from the International 
     Development Association, but not from the International Bank 
     for Reconstruction and Development, commonly referred to as 
     ``IDA-only'' countries.
       (c) Conditions.--The authority provided by subsection (a) 
     may be exercised only with respect to a country whose 
     government--
       (1) does not have an excessive level of military 
     expenditures;
       (2) has not repeatedly provided support for acts of 
     international terrorism;
       (3) is not failing to cooperate on international narcotics 
     control matters;
       (4) (including its military or other security forces) does 
     not engage in a consistent pattern of gross violations of 
     internationally recognized human rights; and
       (5) is not ineligible for assistance because of the 
     application of section 527 of the Foreign Relations 
     Authorization Act, Fiscal Years 1994 and 1995.
       (d) Availability of Funds.--The authority provided by 
     subsection (a) may be used only with regard to the funds 
     appropriated by this Act under the heading ``Debt 
     Restructuring''.
       (e) Certain Prohibitions Inapplicable.--A reduction of debt 
     pursuant to subsection (a) shall not be considered assistance 
     for the purposes of any provision of law limiting assistance 
     to a country. The authority provided by subsection (a) may be 
     exercised notwithstanding section 620(r) of the Foreign 
     Assistance Act of 1961 or section 321 of the International 
     Development and Food Assistance Act of 1975.


                          special authorities

       Sec. 7034. (a) Afghanistan, Iraq, Pakistan, Lebanon, 
     Montenegro, Victims of War, Displaced Children, and Displaced 
     Burmese.--Funds appropriated under titles III through VI of 
     this Act that are made available for assistance for 
     Afghanistan may be made available notwithstanding section 
     7012 of this Act or any similar provision of law and section 
     660 of the Foreign Assistance Act of 1961, and funds 
     appropriated in titles III and VI of this Act that are made 
     available for Iraq, Lebanon, Montenegro, Pakistan, and for 
     victims of war, displaced children, and displaced Burmese, 
     and to assist victims of trafficking in persons and, subject 
     to the regular notification procedures of the Committees on 
     Appropriations, to combat such trafficking, may be made 
     available notwithstanding any other provision of law.
       (b)(1) Waiver.--The President may waive the provisions of 
     section 1003 of Public Law 100-204 if the President 
     determines and certifies in writing to the Speaker of the 
     House of Representatives and the President pro tempore of the 
     Senate that it is important to the national security 
     interests of the United States.
       (2) Period of Application of Waiver.--Any waiver pursuant 
     to paragraph (1) shall be effective for no more than a period 
     of 6 months at a time and shall not apply beyond 12 months 
     after the enactment of this Act.
       (c) Small Business.--In entering into multiple award 
     indefinite-quantity contracts with funds appropriated by this 
     Act, the United States Agency for International Development 
     may provide an exception to the fair opportunity process for 
     placing task orders under such contracts when the order is 
     placed with any category of small or small disadvantaged 
     business.
       (d) Vietnamese Refugees.--Section 594(a) of the Foreign 
     Operations, Export Financing, and Related Programs 
     Appropriations Act, 2005 (enacted as division D of Public Law 
     108-447; 118 Stat. 3038) is amended by striking ``2009'' and 
     inserting ``2010''.
       (e) Reconstituting Civilian Police Authority.--In providing 
     assistance with funds appropriated by this Act under section 
     660(b)(6) of the Foreign Assistance Act of

[[Page 5707]]

     1961, support for a nation emerging from instability may be 
     deemed to mean support for regional, district, municipal, or 
     other sub-national entity emerging from instability, as well 
     as a nation emerging from instability.
       (f) International Prison Conditions.--Funds appropriated by 
     this Act to carry out the provisions of chapters 1 and 11 of 
     part I and chapter 4 of part II of the Foreign Assistance Act 
     of 1961, and the Support for East European Democracy (SEED) 
     Act of 1989, shall be made available for assistance to 
     address inhumane conditions in prisons and other detention 
     facilities administered by foreign governments that the 
     Secretary of State determines are making efforts to address, 
     among other things, prisoners' health, sanitation, nutrition 
     and other basic needs: Provided, That the Secretary of State 
     shall designate a Deputy Assistant Secretary of State in the 
     Bureau of Democracy, Human Rights and Labor to have primary 
     responsibility for diplomatic efforts related to 
     international prison conditions.
       (g) Extension of Authority.--The Foreign Operations, Export 
     Financing, and Related Programs Appropriations Act, 1990 
     (Public Law 101-167) is amended--
       (1) in section 599D (8 U.S.C. 1157 note)--
       (A) in subsection (b)(3), by striking ``and 2008'' and 
     inserting ``2008, and 2009''; and
       (B) in subsection (e), by striking ``2008'' each place it 
     appears and inserting ``2009''; and
       (2) in section 599E (8 U.S.C. 1255 note) in subsection 
     (b)(2), by striking ``2008'' and inserting ``2009''.
       (h) World Food Program.--Of the funds managed by the Bureau 
     for Democracy, Conflict, and Humanitarian Assistance of the 
     United States Agency for International Development, from this 
     or any other Act, not less than $10,000,000 shall be made 
     available as a general contribution to the World Food 
     Program, notwithstanding any other provision of law.
       (i) Library of Congress.--Notwithstanding any other 
     provision of law, of the funds appropriated under the heading 
     ``Embassy Security, Construction, and Maintenance'', not less 
     than $2,000,000 shall be made available for the Capital 
     Security Cost-Sharing fees of the Library of Congress.
       (j) Disarmament, Demobilization and Reintegration.--
     Notwithstanding any other provision of law, regulation or 
     Executive order, funds appropriated by this Act and prior 
     Acts making appropriations for the Department of State, 
     foreign operations, and related programs under the headings 
     ``Economic Support Fund'', ``Peacekeeping Operations'', 
     ``International Disaster Assistance'', and ``Transition 
     Initiatives'' should be made available to support programs to 
     disarm, demobilize, and reintegrate into civilian society 
     former members of foreign terrorist organizations: Provided, 
     That the Secretary of State shall consult with the Committees 
     on Appropriations prior to the obligation of funds pursuant 
     to this subsection: Provided further, That for the purposes 
     of this subsection the term ``foreign terrorist 
     organization'' means an organization designated as a 
     terrorist organization under section 219 of the Immigration 
     and Nationality Act.
       (k) Nongovernmental Organizations.--With respect to the 
     provision of assistance for democracy, human rights and 
     governance activities, the organizations implementing such 
     assistance and the specific nature of that assistance shall 
     not be subject to the prior approval by the government of any 
     foreign country.
       (l) Program for Research and Training on Eastern Europe and 
     the Independent States of the Former Soviet Union.--Of the 
     funds appropriated by this Act under the heading, ``Economic 
     Support Fund'', not less than $5,000,000 shall be made 
     available to carry out the Program for Research and Training 
     on Eastern Europe and the Independent States of the Former 
     Soviet Union (title VIII) as authorized by the Soviet-Eastern 
     European Research and Training Act of 1983 (22 U.S.C. 4501-
     4508, as amended).
       (m) Authority.--Funds appropriated or otherwise made 
     available by title III of the Department of State, Foreign 
     Operations, and Related Programs Appropriations Act, 2008 
     (division J of Public Law 110-161) under the heading 
     ``Economic Support Fund'' that are available for a 
     competitively awarded grant for nuclear security initiatives 
     relating to North Korea shall be made available 
     notwithstanding any other provision of law.
       (n) Middle East Foundation.--Funds appropriated by this Act 
     and prior Acts for a Middle East Foundation shall be subject 
     to the regular notification procedures of the Committees on 
     Appropriations.
       (o) Global Food Security.--Notwithstanding any other 
     provision of law, to include minimum funding requirements or 
     funding directives, funds made available under the headings 
     ``Development Assistance'' and ``Economic Support Fund'' in 
     this Act and prior Acts making appropriations for the 
     Department of State, foreign operations, and related programs 
     may be made available to address critical food shortages, 
     subject to prior consultation with, and the regular 
     notification procedures of, the Committees on Appropriations.

                     arab league boycott of israel

       Sec. 7035. It is the sense of the Congress that--
       (1) the Arab League boycott of Israel, and the secondary 
     boycott of American firms that have commercial ties with 
     Israel, is an impediment to peace in the region and to United 
     States investment and trade in the Middle East and North 
     Africa;
       (2) the Arab League boycott, which was regrettably 
     reinstated in 1997, should be immediately and publicly 
     terminated, and the Central Office for the Boycott of Israel 
     immediately disbanded;
       (3) all Arab League states should normalize relations with 
     their neighbor Israel;
       (4) the President and the Secretary of State should 
     continue to vigorously oppose the Arab League boycott of 
     Israel and find concrete steps to demonstrate that opposition 
     by, for example, taking into consideration the participation 
     of any recipient country in the boycott when determining to 
     sell weapons to said country; and
       (5) the President should report to Congress annually on 
     specific steps being taken by the United States to encourage 
     Arab League states to normalize their relations with Israel 
     to bring about the termination of the Arab League boycott of 
     Israel, including those to encourage allies and trading 
     partners of the United States to enact laws prohibiting 
     businesses from complying with the boycott and penalizing 
     businesses that do comply.

                         palestinian statehood

       Sec. 7036. (a) Limitation on Assistance.--None of the funds 
     appropriated under titles III through VI of this Act may be 
     provided to support a Palestinian state unless the Secretary 
     of State determines and certifies to the appropriate 
     congressional committees that--
       (1) the governing entity of a new Palestinian state--
       (A) has demonstrated a firm commitment to peaceful co-
     existence with the State of Israel;
       (B) is taking appropriate measures to counter terrorism and 
     terrorist financing in the West Bank and Gaza, including the 
     dismantling of terrorist infrastructures, and is cooperating 
     with appropriate Israeli and other appropriate security 
     organizations; and
       (2) the Palestinian Authority (or the governing entity of a 
     new Palestinian state) is working with other countries in the 
     region to vigorously pursue efforts to establish a just, 
     lasting, and comprehensive peace in the Middle East that will 
     enable Israel and an independent Palestinian state to exist 
     within the context of full and normal relationships, which 
     should include--
       (A) termination of all claims or states of belligerency;
       (B) respect for and acknowledgement of the sovereignty, 
     territorial integrity, and political independence of every 
     state in the area through measures including the 
     establishment of demilitarized zones;
       (C) their right to live in peace within secure and 
     recognized boundaries free from threats or acts of force;
       (D) freedom of navigation through international waterways 
     in the area; and
       (E) a framework for achieving a just settlement of the 
     refugee problem.
       (b) Sense of Congress.--It is the sense of Congress that 
     the governing entity should enact a constitution assuring the 
     rule of law, an independent judiciary, and respect for human 
     rights for its citizens, and should enact other laws and 
     regulations assuring transparent and accountable governance.
       (c) Waiver.--The President may waive subsection (a) if he 
     determines that it is important to the national security 
     interests of the United States to do so.
       (d) Exemption.--The restriction in subsection (a) shall not 
     apply to assistance intended to help reform the Palestinian 
     Authority and affiliated institutions, or the governing 
     entity, in order to help meet the requirements of subsection 
     (a), consistent with the provisions of section 7040 of this 
     Act (``Limitation on Assistance to the Palestinian 
     Authority'').


           restrictions concerning the palestinian authority

       Sec. 7037. None of the funds appropriated under titles II 
     through VI of this Act may be obligated or expended to create 
     in any part of Jerusalem a new office of any department or 
     agency of the United States Government for the purpose of 
     conducting official United States Government business with 
     the Palestinian Authority over Gaza and Jericho or any 
     successor Palestinian governing entity provided for in the 
     Israel-PLO Declaration of Principles: Provided, That this 
     restriction shall not apply to the acquisition of additional 
     space for the existing Consulate General in Jerusalem: 
     Provided further, That meetings between officers and 
     employees of the United States and officials of the 
     Palestinian Authority, or any successor Palestinian governing 
     entity provided for in the Israel-PLO Declaration of 
     Principles, for the purpose of conducting official United 
     States Government business with such authority should 
     continue to take place in locations other than Jerusalem. As 
     has been true in the past, officers and employees of the 
     United States Government may continue to meet in Jerusalem on 
     other subjects with Palestinians (including those who now 
     occupy positions in the Palestinian Authority), have social 
     contacts, and have incidental discussions.

[[Page 5708]]




 prohibition on assistance to the palestinian broadcasting corporation

       Sec. 7038. None of the funds appropriated or otherwise made 
     available by this Act may be used to provide equipment, 
     technical support, consulting services, or any other form of 
     assistance to the Palestinian Broadcasting Corporation.


                 assistance for the west bank and gaza

       Sec. 7039. (a) Oversight.--For fiscal year 2009, 30 days 
     prior to the initial obligation of funds for the bilateral 
     West Bank and Gaza Program, the Secretary of State shall 
     certify to the Committees on Appropriations that procedures 
     have been established to assure the Comptroller General of 
     the United States will have access to appropriate United 
     States financial information in order to review the uses of 
     United States assistance for the Program funded under the 
     heading ``Economic Support Fund'' for the West Bank and Gaza.
       (b) Vetting.--Prior to the obligation of funds appropriated 
     by this Act under the heading ``Economic Support Fund'' for 
     assistance for the West Bank and Gaza, the Secretary of State 
     shall take all appropriate steps to ensure that such 
     assistance is not provided to or through any individual, 
     private or government entity, or educational institution that 
     the Secretary knows or has reason to believe advocates, 
     plans, sponsors, engages in, or has engaged in, terrorist 
     activity nor, with respect to private entities or educational 
     institutions, those that have as a principal officer of the 
     entity's governing board or governing board of trustees any 
     individual that has been determined to be involved in, or 
     advocating terrorist activity or determined to be a member of 
     a designated foreign terrorist organization. The Secretary of 
     State shall, as appropriate, establish procedures specifying 
     the steps to be taken in carrying out this subsection and 
     shall terminate assistance to any individual, entity, or 
     educational institution which she has determined to be 
     involved in or advocating terrorist activity.
       (c) Prohibition.--
       (1) None of the funds appropriated under titles III through 
     VI of this Act for assistance under the West Bank and Gaza 
     Program may be made available for the purpose of recognizing 
     or otherwise honoring individuals who commit, or have 
     committed acts of terrorism.
       (2) Notwithstanding any other provision of law, none of the 
     funds made available by this or prior appropriations act, 
     including funds made available by transfer, may be made 
     available for obligation for security assistance for the West 
     Bank and Gaza until the Secretary of State reports to the 
     Committees on Appropriations on the benchmarks that have been 
     established for security assistance for the West Bank and 
     Gaza and reports on the extent of Palestinian compliance with 
     such benchmarks.
       (d) Audits.--
       (1) The Administrator of the United States Agency for 
     International Development shall ensure that Federal or non-
     Federal audits of all contractors and grantees, and 
     significant subcontractors and sub-grantees, under the West 
     Bank and Gaza Program, are conducted at least on an annual 
     basis to ensure, among other things, compliance with this 
     section.
       (2) Of the funds appropriated by this Act up to $500,000 
     may be used by the Office of the Inspector General of the 
     United States Agency for International Development for 
     audits, inspections, and other activities in furtherance of 
     the requirements of this subsection. Such funds are in 
     addition to funds otherwise available for such purposes.
       (e) Subsequent to the certification specified in subsection 
     (a), the Comptroller General of the United States shall 
     conduct an audit and an investigation of the treatment, 
     handling, and uses of all funds for the bilateral West Bank 
     and Gaza Program, including all funds provided as cash 
     transfer assistance, in fiscal year 2009 under the heading 
     ``Economic Support Fund''. The audit shall address--
       (1) the extent to which such Program complies with the 
     requirements of subsections (b) and (c), and
       (2) an examination of all programs, projects, and 
     activities carried out under such Program, including both 
     obligations and expenditures.
       (f) Funds made available in this Act for West Bank and Gaza 
     shall be subject to the regular notification procedures of 
     the Committees on Appropriations.
       (g) Not later than 180 days after enactment of this Act, 
     the Secretary of State shall submit a report to the 
     Committees on Appropriations updating the report contained in 
     section 2106 of chapter 2 of title II of Public Law 109-13.


         limitation on assistance for the palestinian authority

       Sec. 7040. (a) Prohibition of Funds.--None of the funds 
     appropriated by this Act to carry out the provisions of 
     chapter 4 of part II of the Foreign Assistance Act of 1961 
     may be obligated or expended with respect to providing funds 
     to the Palestinian Authority.
       (b) Waiver.--The prohibition included in subsection (a) 
     shall not apply if the President certifies in writing to the 
     Speaker of the House of Representatives, the President pro 
     tempore of the Senate, and the Committees on Appropriations 
     that waiving such prohibition is important to the national 
     security interests of the United States.
       (c) Period of Application of Waiver.--Any waiver pursuant 
     to subsection (b) shall be effective for no more than a 
     period of 6 months at a time and shall not apply beyond 12 
     months after the enactment of this Act.
       (d) Report.--Whenever the waiver authority pursuant to 
     subsection (b) is exercised, the President shall submit a 
     report to the Committees on Appropriations detailing the 
     justification for the waiver, the purposes for which the 
     funds will be spent, and the accounting procedures in place 
     to ensure that the funds are properly disbursed. The report 
     shall also detail the steps the Palestinian Authority has 
     taken to arrest terrorists, confiscate weapons and dismantle 
     the terrorist infrastructure.
       (e) Certification.--If the President exercises the waiver 
     authority under subsection (b), the Secretary of State must 
     certify and report to the Committees on Appropriations prior 
     to the obligation of funds that the Palestinian Authority has 
     established a single treasury account for all Palestinian 
     Authority financing and all financing mechanisms flow through 
     this account, no parallel financing mechanisms exist outside 
     of the Palestinian Authority treasury account, and there is a 
     single comprehensive civil service roster and payroll.
       (f) Prohibition.--
       (1) None of the funds appropriated in titles III through VI 
     of this Act may be obligated for salaries of personnel of the 
     Palestinian Authority located in Gaza or may be obligated or 
     expended for assistance to Hamas or any entity effectively 
     controlled by Hamas or any power-sharing government of which 
     Hamas is a member unless the President certifies in writing 
     and reports to the Committees on Appropriations that Hamas 
     has accepted and is complying with the principles contained 
     in section 620K(b)(1)(A) and (B) of the Foreign Assistance 
     Act of 1961, as amended.
       (2) None of the funds appropriated under titles III through 
     VI of this Act may be obligated for assistance for the 
     Palestine Liberation Organization.


                       broadcasting transparency

       Sec. 7041. (a) Of the funds appropriated in this Act under 
     the heading ``International Broadcasting Operations'' for 
     Middle East Broadcasting Networks, 10 percent of the funds 
     shall not be available for obligation until the Broadcasting 
     Board of Governors reports to the Committee on Appropriations 
     on--
       (1) The results of the independent outside evaluation of 
     Alhurra programming to examine its journalistic integrity and 
     adherence to standards and principles of the United States 
     International Broadcasting Act; and
       (2) Whether the directives in the explanatory statement 
     accompanying the Department of State, Foreign Operations, and 
     Related Programs Appropriations Act, 2008 (division J of 
     Public Law 110-161) regarding Alhurra have been implemented 
     and are operational.
       (b) The Office of the Inspector General of the Department 
     of State and the Broadcasting Board of Governors shall 
     monitor adherence to the standards of the Journalistic Code 
     of Ethics of the Middle East Broadcasting Networks, as 
     updated in May 2007.


                                  iraq

       Sec. 7042. (a) Assistance.--None of the funds appropriated 
     or otherwise made available by this Act may be made available 
     for assistance for Iraq, except funds appropriated by this 
     Act under the heading ``Nonproliferation, Anti-terrorism, 
     Demining and Related Programs'' for the removal and disposal 
     of landmines and other unexploded ordnance, small arms and 
     light weapons in Iraq.
       (b) Matching Requirement.--The terms and conditions of 
     section 1402(e)(1), (2), (3) and (4) of Public Law 110-252 
     shall apply to assistance for Iraq in fiscal year 2009.
       (c) Transition Plan.--Not later than 180 days after 
     enactment of this Act, the Secretary of State, in 
     consultation with relevant United States Government agencies, 
     shall submit to the Committees on Appropriations a report, in 
     classified form if necessary, that details the plans, costs 
     and timelines associated with the transition of programs and 
     activities funded under titles III through VI of this Act and 
     prior Acts making appropriations for the Department of State, 
     foreign operations, and related programs to the Government of 
     Iraq.
       (d) Base Rights.--None of the funds made available in this 
     Act may be used by the Government of the United States to 
     enter into a permanent basing rights agreement between the 
     United States and Iraq.

                        report on iran sanctions

       Sec. 7043. Not later than 180 days after enactment of this 
     Act, the Secretary of State shall submit a report to the 
     Committees on Appropriations on the status of multilateral 
     and bilateral United States sanctions against Iran and 
     actions taken by the United States and the international 
     community to enforce sanctions against Iran. The report, 
     which may be submitted in classified form if necessary, shall 
     include the following:
       (1) A list of all current United States bilateral and 
     multilateral sanctions against Iran;
       (2) A list of all United States and foreign registered 
     entities which the Secretary of State has reason to believe 
     may be in violation of existing United States bilateral and 
     multilateral sanctions;

[[Page 5709]]

       (3) A detailed description of United States efforts to 
     enforce sanctions, including a list of all investigations 
     initiated in the 12 months preceeding the enactment of this 
     Act that have resulted in a determination that a sanctions 
     violation has occurred and United States government actions 
     taken pursuant to the determination;
       (4) In the instances when sanctions were waived or 
     otherwise not imposed against entities that were determined 
     to have violated United States bilateral or multilateral 
     sanctions, the reason in each instance of why action was not 
     taken to sanction the entity; and
       (5) A description of United States diplomatic efforts to 
     expand bilateral and multilateral sanctions against Iran and 
     strengthen international efforts to enforce existing 
     sanctions.


                                lebanon

       Sec. 7044. (a) Funds appropriated under the heading 
     ``Foreign Military Financing Program'' in this Act for 
     assistance for Lebanon shall be made available only to 
     professionalize the Lebanese Armed Forces and to strengthen 
     border security and combat terrorism, including training and 
     equipping the Lebanese Armed Forces to secure Lebanon's 
     borders, interdicting arms shipments, preventing the use of 
     Lebanon as a safe haven for terrorist groups and implementing 
     United Nations Security Council Resolution 1701.
       (b) None of the funds in subsection (a) may be made 
     available for obligation until after the Secretary of State 
     provides the Committees on Appropriations a detailed spending 
     plan, which shall include a strategy for professionalizing 
     the Lebanese Armed Forces, strengthening border security and 
     combating terrorism in Lebanon.


                           western hemisphere

       Sec. 7045. (a) Free Trade Agreements.--Of the funds 
     appropriated by this Act not less than $10,000,000 from 
     ``Development Assistance'' and not less than $10,000,000 from 
     ``Economic Support Fund'' shall be made available for labor 
     and environmental capacity building activities relating to 
     the free trade agreements with countries of Central America, 
     Peru and the Dominican Republic.
       (b) Haiti.--
       (1) The Government of Haiti shall be eligible to purchase 
     defense articles and services under the Arms Export Control 
     Act (22 U.S.C. 2751 et seq.), for the Coast Guard.
       (2) Of the funds appropriated by this Act under titles III 
     and IV, not less than $251,126,000 shall be made available 
     for assistance for Haiti.
       (3) None of the funds made available by this Act under the 
     heading ``International Narcotics Control and Law 
     Enforcement'' may be used to transfer excess weapons, 
     ammunition or other lethal property of an agency of the 
     United States Government to the Government of Haiti for use 
     by the Haitian National Police until the Secretary of State 
     reports to the Committees on Appropriations that any members 
     of the Haitian National Police who have been credibly alleged 
     to have committed serious crimes, including drug trafficking 
     and violations of internationally recognized human rights, 
     have been suspended.
       (c) Dominican Republic.--Of the funds appropriated by this 
     Act that are available for assistance for the Dominican 
     Republic, not less than $5,000,000 shall be made available 
     for basic health care, nutrition, sanitation, education, and 
     shelter for migrant workers and other residents of batey 
     communities.
       (d) Assistance for Guatemala.--
       (1) Funds appropriated by this Act under the heading 
     ``International Military Education and Training'' (IMET) that 
     are available for assistance for Guatemala, other than for 
     expanded IMET, may be made available only for the Guatemalan 
     Air Force, Navy and Army Corps of Engineers: Provided, That 
     assistance for the Army Corps of Engineers shall only be 
     available for training to improve disaster response 
     capabilities and to participate in international peacekeeping 
     operations: Provided further, That such funds may be made 
     available only if the Secretary of State certifies that the 
     Air Force, Navy and Army Corps of Engineers are respecting 
     internationally recognized human rights and cooperating with 
     civilian judicial investigations and prosecutions of current 
     and retired military personnel who have been credibly alleged 
     to have committed violations of such rights, and with the 
     International Commission Against Impunity in Guatemala 
     (CICIG) by granting access to CICIG personnel, providing 
     evidence to CICIG, and allowing witness testimony.
       (2) Of the funds appropriated by this Act under the heading 
     ``Foreign Military Financing Program'', not more than 
     $500,000 may be made available for the Guatemalan Air Force, 
     Navy and Army Corps of Engineers: Provided, That assistance 
     for the Army Corps of Engineers shall only be available for 
     training to improve disaster response capabilities and to 
     participate in international peacekeeping operations: 
     Provided further, That such funds may be made available only 
     if the Secretary of State certifies that the Air Force, Navy 
     and Army Corps of Engineers are respecting internationally 
     recognized human rights and cooperating with civilian 
     judicial investigations and prosecutions of current and 
     retired military personnel who have been credibly alleged to 
     have committed violations of such rights, including 
     protecting and providing to the Attorney General's office all 
     military archives pertaining to the internal armed conflict, 
     and cooperating with the CICIG by granting access to CICIG 
     personnel, providing evidence to CICIG, and allowing witness 
     testimony.
       (e) Assistance for Mexico.--Of the funds appropriated under 
     the headings ``International Narcotics Control and Law 
     Enforcement'', ``Foreign Military Financing Program'', and 
     ``Economic Support Fund'' in this Act, not more than 
     $300,000,000 may be made available for assistance for Mexico, 
     only to combat drug trafficking and related violence and 
     organized crime, and for judicial reform, institution 
     building, anti-corruption, and rule of law activities, of 
     which not less than $75,000,000 shall be used for judicial 
     reform, institution building, anti-corruption, and rule of 
     law activities: Provided, That none of the funds made 
     available under this section shall be made available for 
     budget support or as cash payments.
       (1) Allocation of funds.--Fifteen percent of the funds made 
     available under this section in this Act, for assistance for 
     Mexico, not including assistance for judicial reform, 
     institution building, anti-corruption, and rule of law 
     activities, may not be obligated until the Secretary of State 
     reports in writing to the Committees on Appropriations that 
     the Government of Mexico is continuing to--
       (A) improve the transparency and accountability of Federal 
     police forces and to work with State and municipal 
     authorities to improve the transparency and accountability of 
     State and municipal police forces through mechanisms 
     including police complaints commissions with authority and 
     independence to receive complaints and carry out effective 
     investigations;
       (B) conduct regular consultations with Mexican human rights 
     organizations and other relevant Mexican civil society 
     organizations on recommendations for the implementation of 
     the Merida Initiative in accordance with Mexican and 
     international law;
       (C) ensure that civilian prosecutors and judicial 
     authorities are investigating and prosecuting, in accordance 
     with Mexican and international law, members of the Federal 
     police and military forces who have been credibly alleged to 
     have violated internationally recognized human rights, and 
     the Federal police and military forces are fully cooperating 
     with the investigations; and
       (D) enforce the prohibition, in accordance with Mexican and 
     international law, on the use of testimony obtained through 
     torture or other ill-treatment.
       (2) Report.--The report required in paragraph (1) shall 
     include a description of actions taken with respect to each 
     requirement.
       (3) Spending plan.--Not later than 45 days after the date 
     of enactment of this Act, the Secretary of State shall submit 
     to the Committees on Appropriations a detailed spending plan, 
     developed after consulting with relevant Mexican Government 
     authorities, for funds made available for Mexico under this 
     section, with concrete goals, programs and activities to be 
     funded, and anticipated results.
       (4) Analysis of alternatives.--Prior to the obligation of 
     funds for the procurement or lease of aircraft, the Director 
     of the Defense Security Cooperation Agency, in consultation 
     with the Secretary of State, shall submit to the Committees 
     on Appropriations an Analysis of Alternatives for the 
     acquisition of all aircraft for the Merida Initiative.
       (f) Assistance for the Countries of Central America.--Of 
     the funds appropriated under the headings ``International 
     Narcotics Control and Law Enforcement'', ``Foreign Military 
     Financing Program'', and ``Economic Support Fund'', 
     $105,000,000 may be made available for assistance for the 
     countries of Central America only to combat drug trafficking 
     and related violence and organized crime, and for judicial 
     reform, institution building, anti-corruption, rule of law 
     activities, and maritime security, of which not less than 
     $35,000,000 shall be made available for judicial reform, 
     institution building, anti-corruption, and rule of law 
     activities: Provided, That of the funds appropriated under 
     the heading ``Economic Support Fund'', $12,000,000 shall be 
     made available through the United States Agency for 
     International Development for an Economic and Social 
     Development Fund for Central America: Provided further, That 
     none of the funds shall be made available for budget support 
     or as cash payments.
       (1) Allocation of funds.--Fifteen percent of the funds made 
     available by this Act for assistance for the countries of 
     Central America under the headings ``International Narcotics 
     Control and Law Enforcement'' and ``Foreign Military 
     Financing Program'' may not be obligated until the Secretary 
     of State reports in writing to the Committees on 
     Appropriations that the government of such country is 
     continuing to--
       (A) support police complaints commissions with authority 
     and independence to receive complaints and carry out 
     effective investigations;

[[Page 5710]]

       (B) implement reforms to improve the capacity and ensure 
     the independence of the judiciary; and
       (C) investigate and prosecute members of the Federal police 
     and military forces who have been credibly alleged to have 
     committed violations of internationally recognized human 
     rights.
       (2) Report.--The report required in paragraph (1) shall 
     include a description of actions taken with respect to each 
     requirement.
       (3) Spending plan.--Not later than 45 days after the date 
     of the enactment of this Act, the Secretary of State shall 
     submit to the Committees on Appropriations a detailed 
     spending plan for funds appropriated or otherwise made 
     available for the countries of Central America by this Act, 
     with concrete goals, actions to be taken, budget proposals, 
     and anticipated results.
       (4) Definition.--For the purposes of this section, the term 
     ``countries of Central America'' means Belize, Costa Rica, El 
     Salvador, Guatemala, Honduras, Nicaragua, and Panama.
       (g) Aircraft Operations and Maintenance.--To the maximum 
     extent practicable, the costs of operations and maintenance, 
     including fuel, of aircraft funded by this Act should be 
     borne by the recipient country.

                                colombia

       Sec. 7046. (a) Funding.--Of the funds appropriated in 
     titles III and IV of this Act, not more than $545,050,000 
     shall be available for assistance for Colombia.
       Funds appropriated by this Act and made available to the 
     Department of State for assistance to the Government of 
     Colombia may be used to support a unified campaign against 
     narcotics trafficking and organizations designated as Foreign 
     Terrorist Organizations and successor organizations, and to 
     take actions to protect human health and welfare in emergency 
     circumstances, including undertaking rescue operations: 
     Provided, That assistance made available in prior Acts for 
     the Government of Colombia to protect the Cano-Limon pipeline 
     may also be used for purposes for which funds are made 
     available under the heading ``Andean Counterdrug Programs'': 
     Provided further, That no United States Armed Forces 
     personnel or United States civilian contractor employed by 
     the United States will participate in any combat operation in 
     connection with assistance made available by this Act for 
     Colombia: Provided further, That rotary and fixed wing 
     aircraft supported with funds appropriated under the heading 
     ``Andean Counterdrug Programs'' for assistance for Colombia 
     may be used for aerial or manual drug eradication and 
     interdiction including to transport personnel and supplies 
     and to provide security for such operations, and to provide 
     transport in support of alternative development programs and 
     investigations of cases under the jurisdiction of the 
     Attorney General, the Procuraduria General de la Nacion, and 
     the Defensoria del Pueblo: Provided further, That the 
     President shall ensure that if any helicopter procured with 
     funds in this Act or prior Acts making appropriations for the 
     Department of State, foreign operations, and related 
     programs, is used to aid or abet the operations of any 
     illegal self-defense group, paramilitary organization, 
     illegal security cooperative or successor organizations in 
     Colombia, such helicopter shall be immediately returned to 
     the United States.
       Of the funds available under the heading ``Andean 
     Counterdrug Programs'' in this Act for the Colombian national 
     police for the procurement of chemicals for aerial coca and 
     poppy eradication programs, not more than 20 percent of such 
     funds may be made available for such eradication programs 
     unless the Secretary of State certifies to the Committees on 
     Appropriations that: (1) the herbicide is being used in 
     accordance with EPA label requirements for comparable use in 
     the United States and with Colombian laws; and (2) the 
     herbicide, in the manner it is being used, does not pose 
     unreasonable risks or adverse effects to humans or the 
     environment, including endemic species: Provided, That such 
     funds may not be made available unless the Secretary of State 
     certifies to the Committees on Appropriations that complaints 
     of harm to health or licit crops caused by such aerial 
     eradication are thoroughly evaluated and fair compensation is 
     being paid in a timely manner for meritorious claims: 
     Provided further, That such funds may not be made available 
     for such purposes unless programs are being implemented by 
     the United States Agency for International Development, the 
     Government of Colombia, or other organizations, in 
     consultation and coordination with local communities, to 
     provide alternative sources of income in areas where security 
     permits for small-acreage growers and communities whose 
     illicit crops are targeted for aerial eradication: Provided 
     further, That none of the funds appropriated by this Act for 
     assistance for Colombia shall be made available for the 
     cultivation or processing of African oil palm, if doing so 
     would contribute to significant loss of native species, 
     disrupt or contaminate natural water sources, reduce local 
     food security, or cause the forced displacement of local 
     people: Provided further, That funds appropriated by this Act 
     may be used for aerial eradication in Colombia's national 
     parks or reserves only if the Secretary of State certifies to 
     the Committees on Appropriations on a case-by-case basis that 
     there are no effective alternatives and the eradication is 
     conducted in accordance with Colombian laws.
       (b) Assistance for the Armed Forces.--
       (1) Funding.--Funds appropriated by this Act that are 
     available for assistance for the Colombian Armed Forces, may 
     be made available as follows:
       (A) Up to 70 percent of such funds may be obligated prior 
     to the certification and report by the Secretary of State 
     pursuant to subparagraph (B).
       (B) Up to 15 percent of such funds may be obligated only 
     after the Secretary of State consults with, and subsequently 
     certifies and submits a written report to, the Committees on 
     Appropriations that--
       (i) The Government of Colombia is suspending, and 
     investigating and prosecuting in the civilian justice system, 
     those members of the Colombian Armed Forces, of whatever 
     rank, who have been credibly alleged to have committed 
     violations of internationally recognized human rights, 
     including extra-judicial killings, or to have aided, abetted 
     or benefitted from paramilitary organizations or successor 
     armed groups, and the Colombian Armed Forces are cooperating 
     fully with civilian prosecutors and judicial authorities in 
     such cases.
       (ii) The Government of Colombia has taken all necessary 
     steps to sever links with paramilitary organizations or 
     successor armed groups.
       (iii) The Government of Colombia is dismantling 
     paramilitary networks, including by arresting and prosecuting 
     under civilian criminal law individuals who have provided 
     financial, planning, or logistical support, or have otherwise 
     aided, abetted or benefitted from paramilitary organizations 
     or successor armed groups, and by returning land and other 
     assets illegally acquired by such organizations or their 
     associates to their rightful occupants or owners.
       (iv) The Government of Colombia is respecting the rights of 
     Colombia's indigenous and Afro-Colombian communities, and the 
     Colombian Armed Forces are implementing procedures to 
     distinguish between civilians, including displaced persons, 
     and combatants in their operations.
       (2) The balance of such funds may be obligated after July 
     31, 2009, if, prior to such obligation, the Secretary of 
     State consults with, and submits a written certification to, 
     the Committees on Appropriations that the Government of 
     Colombia is continuing to meet the requirements described in 
     paragraph (1) and is conducting vigorous operations to 
     strengthen civilian institutions and respect for 
     internationally recognized human rights in areas under the 
     influence of paramilitary organizations or successor armed 
     groups and guerrilla organizations.
       (3) Certain funds exempted.--The requirement to withhold 
     funds from obligation shall not apply with respect to funds 
     made available under the heading ``Andean Counterdrug 
     Programs'' in this Act for continued support for the Critical 
     Flight Safety Program or for any alternative development 
     programs in Colombia administered by the Bureau of 
     International Narcotics and Law Enforcement Affairs of the 
     Department of State.
       (4) Report.--At the time the Secretary of State submits 
     certifications pursuant to paragraphs (1)(B) and (2) of this 
     subsection, the Secretary shall also submit to the Committees 
     on Appropriations a report that contains, with respect to 
     each such paragraph, a detailed description of the specific 
     actions taken by the Government and Armed Forces of Colombia 
     which support each requirement of the certification, and the 
     cases or issues brought to the attention of the Secretary, 
     including through the Department of State's annual Country 
     Reports on Human Rights Practices, for which the actions 
     taken by the Colombian Government or Armed Forces have been 
     determined by the Secretary of State to be inadequate.
       (c) Consultative Process.--Not later than 60 days after the 
     date of enactment of this Act, and every 180 days thereafter 
     until September 30, 2009, the Secretary of State shall 
     consult with Colombian and internationally recognized human 
     rights organizations regarding progress in meeting the 
     requirements contained in subsection (b)(1).
       (d) Assistance for Reintegration of Former Combatants.--
       (1) Availability of funds.--Of the funds appropriated in 
     this Act under the heading ``Economic Support Fund'', up to 
     $16,769,000 may be made available in fiscal year 2009 for 
     assistance for the reintegration of former members of foreign 
     terrorist organizations (FTOs) or other illegal armed groups 
     in Colombia, if the Secretary of State consults with and 
     makes a certification described in paragraph (2) to the 
     Committees on Appropriations prior to the initial obligation 
     of amounts for such assistance for the fiscal year involved.
       (2) Certification.--A certification described in this 
     subsection is a certification that--
       (A) assistance for the fiscal year will be provided only 
     for individuals who have: (i) verifiably renounced and 
     terminated any affiliation or involvement with FTOs or other 
     illegal armed groups; (ii) are meeting all the requirements 
     of the Colombia demobilization

[[Page 5711]]

     program, including having disclosed their involvement in past 
     crimes and their knowledge of the FTO's structure, financing 
     sources, illegal assets, and the location of kidnapping 
     victims and bodies of the disappeared; and (iii) are not 
     involved in criminal activity;
       (B) the Government of Colombia is providing full 
     cooperation to the Government of the United States to 
     prosecute the extradited leaders and members of FTOs who have 
     been indicted in the United States for murder, torture, 
     kidnapping, narcotics trafficking, or other violations of 
     United States law;
       (C) the Government of Colombia is not knowingly taking any 
     steps to legalize the titles of land or other assets 
     illegally obtained and held by FTOs, their associates, or 
     successors, has established effective procedures to identify 
     such land and other assets, and is seizing and returning such 
     land and other assets to their rightful occupants or owners;
       (D) the Government of Colombia is dismantling the 
     organizational structures of FTOs and successor armed groups; 
     and
       (E) funds shall not be made available as cash payments to 
     individuals and are available only for activities under the 
     following categories: verification, reintegration (including 
     training and education), vetting, recovery of assets for 
     reparations for victims, and investigations and prosecutions.
       (e) Illegal Armed Groups.--
       (1) Denial of visas.--Subject to paragraph (2), the 
     Secretary of State shall not issue a visa to any alien who 
     the Secretary determines, based on credible evidence--
       (A) has willfully provided any support to or benefitted 
     from the Revolutionary Armed Forces of Colombia (FARC), the 
     National Liberation Army (ELN), the United Self-Defense 
     Forces of Colombia (AUC), or successor armed groups, 
     including taking actions or failing to take actions which 
     allow, facilitate, or otherwise foster the activities of such 
     groups; or
       (B) has committed, ordered, incited, assisted, or otherwise 
     participated in the commission of a violation of 
     internationally recognized human rights, including extra-
     judicial killings, in Colombia.
       (2) Waiver.--Paragraph (1) shall not apply if the Secretary 
     of State certifies to the Committees on Appropriations, on a 
     case-by-case basis, that the issuance of a visa to the alien 
     is necessary to support the peace process in Colombia or for 
     urgent humanitarian reasons.
       (f) Definitions.--In this section:
       (1) Aided or abetted.--The term ``aided or abetted'' means 
     to provide any support to paramilitary or successor armed 
     groups, including taking actions which allow, facilitate, or 
     otherwise foster the activities of such groups.
       (2) Paramilitary groups.--The term ``paramilitary groups'' 
     means illegal self-defense groups and illegal security 
     cooperatives, including those groups and cooperatives that 
     have formerly demobilized but continue illegal operations, as 
     well as parts thereof.
       (3) Foreign terrorist organization.--The term ``foreign 
     terrorist organization'' means an organization designated as 
     a terrorist organization under section 219 of the Immigration 
     and Nationality Act.


                   community-based police assistance

       Sec. 7047. (a) Authority.--Funds made available by titles 
     III and IV of this Act to carry out the provisions of chapter 
     1 of part I and chapters 4 and 6 of part II of the Foreign 
     Assistance Act of 1961, may be used, notwithstanding section 
     660 of that Act, to enhance the effectiveness and 
     accountability of civilian police authority through training 
     and technical assistance in human rights, the rule of law, 
     anti-corruption, strategic planning, and through assistance 
     to foster civilian police roles that support democratic 
     governance including assistance for programs to prevent 
     conflict, respond to disasters, address gender-based 
     violence, and foster improved police relations with the 
     communities they serve.
       (b) Notification.--Assistance provided under subsection (a) 
     shall be subject to prior consultation with, and the regular 
     notification procedures of, the Committees on Appropriations.


           prohibition of payments to united nations members

       Sec. 7048. None of the funds appropriated or made available 
     pursuant to titles III through VI of this Act for carrying 
     out the Foreign Assistance Act of 1961, may be used to pay in 
     whole or in part any assessments, arrearages, or dues of any 
     member of the United Nations or, from funds appropriated by 
     this Act to carry out chapter 1 of part I of the Foreign 
     Assistance Act of 1961, the costs for participation of 
     another country's delegation at international conferences 
     held under the auspices of multilateral or international 
     organizations.


                     war crimes tribunals drawdown

       Sec. 7049. If the President determines that doing so will 
     contribute to a just resolution of charges regarding genocide 
     or other violations of international humanitarian law, the 
     President may direct a drawdown pursuant to section 552(c) of 
     the Foreign Assistance Act of 1961 of up to $30,000,000 of 
     commodities and services for the United Nations War Crimes 
     Tribunal established with regard to the former Yugoslavia by 
     the United Nations Security Council or such other tribunals 
     or commissions as the Council may establish or authorize to 
     deal with such violations, without regard to the ceiling 
     limitation contained in paragraph (2) thereof: Provided, That 
     the determination required under this section shall be in 
     lieu of any determinations otherwise required under section 
     552(c): Provided further, That funds made available for 
     tribunals other than the International Criminal Tribunal for 
     the former Yugoslavia, the International Criminal Tribunal 
     for Rwanda, or the Special Court for Sierra Leone shall be 
     made available subject to the regular notification procedures 
     of the Committees on Appropriations.


                         peacekeeping missions

       Sec. 7050. None of the funds made available under title I 
     of this Act may be used for any United Nations undertaking 
     when it is made known to the Federal official having 
     authority to obligate or expend such funds that: (1) the 
     United Nations undertaking is a peacekeeping mission; (2) 
     such undertaking will involve United States Armed Forces 
     under the command or operational control of a foreign 
     national; and (3) the President's military advisors have not 
     submitted to the President a recommendation that such 
     involvement is in the national interests of the United States 
     and the President has not submitted to the Congress such a 
     recommendation.


                        PEACEKEEPING ASSESSMENT

       Sec. 7051. Section 404(b)(2)(B) of the Foreign Relations 
     Authorization Act, Fiscal Years 1994 and 1995, (22 U.S.C. 
     287e note) is amended by deleting subsection (v) and 
     inserting in lieu thereof:
       ``(v) For assessments made during each of the calendar 
     years 2005, 2006, 2007, 2008, and 2009, 27.1 percent.''.


                  UNITED NATIONS HUMAN RIGHTS COUNCIL

       Sec. 7052. (a) None of the funds appropriated by this Act 
     may be made available for a United States contribution to the 
     United Nations Human Rights Council.
       (b) The prohibition under subsection (a) shall not apply 
     if--
       (1) the Secretary of State certifies to the Committees on 
     Appropriations that the provision of funds to support the 
     United Nations Human Rights Council is in the national 
     interest of the United States; or
       (2) the United States is a member of the Human Rights 
     Council.


                Attendance at International Conferences

       Sec. 7053. None of the funds made available in this Act may 
     be used to send or otherwise pay for the attendance of more 
     than 50 employees of agencies or departments of the United 
     States Government who are stationed in the United States, at 
     any single international conference occurring outside the 
     United States, unless the Secretary of State reports to the 
     Committees on Appropriations that such attendance is in the 
     national interest: Provided, That for purposes of this 
     section the term ``international conference'' shall mean a 
     conference attended by representatives of the United States 
     Government and of foreign governments, international 
     organizations, or nongovernmental organizations.


               restrictions on united nations delegations

       Sec. 7054. None of the funds made available under title I 
     of this Act may be used to pay expenses for any United States 
     delegation to any specialized agency, body, or commission of 
     the United Nations if such commission is chaired or presided 
     over by a country, the government of which the Secretary of 
     State has determined, for purposes of section 6(j)(1) of the 
     Export Administration Act of 1979 (50 U.S.C. App. 
     2405(j)(1)), supports international terrorism.


   parking fines and real property taxes owed by foreign governments

       Sec. 7055. (a) Subject to subsection (c), of the funds 
     appropriated under titles III through VI by this Act that are 
     made available for assistance for a foreign country, an 
     amount equal to 110 percent of the total amount of the unpaid 
     fully adjudicated parking fines and penalties and unpaid 
     property taxes owed by the central government of such country 
     shall be withheld from obligation for assistance for the 
     central government of such country until the Secretary of 
     State submits a certification to the Committees on 
     Appropriations stating that such parking fines and penalties 
     and unpaid property taxes are fully paid.
       (b) Funds withheld from obligation pursuant to subsection 
     (a) may be made available for other programs or activities 
     funded by this Act, after consultation with and subject to 
     the regular notification procedures of the Committees on 
     Appropriations, provided that no such funds shall be made 
     available for assistance for the central government of a 
     foreign country that has not paid the total amount of the 
     fully adjudicated parking fines and penalties and unpaid 
     property taxes owed by such country.
       (c) Subsection (a) shall not include amounts that have been 
     withheld under any other provision of law.
       (d)(1) The Secretary of State may waive the requirements 
     set forth in subsection (a)

[[Page 5712]]

     with respect to parking fines and penalties no sooner than 60 
     days from the date of enactment of this Act, or at any time 
     with respect to a particular country, if the Secretary 
     determines that it is in the national interests of the United 
     States to do so.
       (2) The Secretary of State may waive the requirements set 
     forth in subsection (a) with respect to the unpaid property 
     taxes if the Secretary of State determines that it is in the 
     national interests of the United States to do so.
       (e) Not later than 6 months after the initial exercise of 
     the waiver authority in subsection (d), the Secretary of 
     State, after consultations with the City of New York, shall 
     submit a report to the Committees on Appropriations 
     describing a strategy, including a timetable and steps 
     currently being taken, to collect the parking fines and 
     penalties and unpaid property taxes and interest owed by 
     nations receiving foreign assistance under this Act.
       (f) In this section:
       (1) The term ``fully adjudicated'' includes circumstances 
     in which the person to whom the vehicle is registered--
       (A)(i) has not responded to the parking violation summons; 
     or
       (ii) has not followed the appropriate adjudication 
     procedure to challenge the summons; and
       (B) the period of time for payment of or challenge to the 
     summons has lapsed.
       (2) The term ``parking fines and penalties'' means parking 
     fines and penalties--
       (A) owed to--
       (i) the District of Columbia; or
       (ii) New York, New York; and
       (B) incurred during the period April 1, 1997, through 
     September 30, 2008.
       (3) The term ``unpaid property taxes'' means the amount of 
     unpaid taxes and interest determined to be owed by a foreign 
     country on real property in the District of Columbia or New 
     York, New York in a court order or judgment entered against 
     such country by a court of the United States or any State or 
     subdivision thereof.


                    landmines and cluster munitions

       Sec. 7056. (a) Landmines.--Notwithstanding any other 
     provision of law, demining equipment available to the United 
     States Agency for International Development and the 
     Department of State and used in support of the clearance of 
     landmines and unexploded ordnance for humanitarian purposes 
     may be disposed of on a grant basis in foreign countries, 
     subject to such terms and conditions as the President may 
     prescribe.
       (b) Cluster Munitions.--No military assistance shall be 
     furnished for cluster munitions, no defense export license 
     for cluster munitions may be issued, and no cluster munitions 
     or cluster munitions technology shall be sold or transferred, 
     unless--
       (1) the submunitions of the cluster munitions have a 99 
     percent or higher functioning rate; and
       (2) the agreement applicable to the assistance, transfer, 
     or sale of the cluster munitions or cluster munitions 
     technology specifies that the cluster munitions will only be 
     used against clearly defined military targets and will not be 
     used where civilians are known to be present.

                    millennium challenge corporation

       Sec. 7057. (a) The Chief Executive Officer of the 
     Millennium Challenge Corporation shall, not later than 45 
     days after enactment of this Act, submit to the Committee on 
     Appropriations a report on the proposed uses, on a country-
     by-country basis, of all funds appropriated under the heading 
     ``Millennium Challenge Corporation'' in this Act or prior 
     Acts making appropriations for the Department of State, 
     foreign operations, and related programs projected to be 
     obligated and expended in fiscal year 2009 and subsequent 
     fiscal years.
       (b) The report required in paragraph (a) shall be updated 
     on a semi-annual basis and shall include, at a minimum, a 
     description of--
       (1) compacts in development, including the status of 
     negotiations and the approximate range of value of the 
     proposed compact;
       (2) compacts in implementation, including the projected 
     expenditure and disbursement of compact funds during fiscal 
     year 2009 and subsequent fiscal years as determined by the 
     country compact;
       (3) threshold country programs in development, including 
     the approximate range of value of the threshold country 
     agreement;
       (4) major programmatic changes to existing compacts funded 
     by this Act or prior Acts making appropriations for the 
     Department of State, foreign operations, and related 
     programs;
       (5) threshold country programs in implementation; and
       (6) use of administrative funds.
       (c) The Chief Executive Officer of the Millennium Challenge 
     Corporation shall notify the Committees on Appropriations not 
     later than 15 days prior to signing any new country compact 
     or new threshold country program; terminating or suspending 
     any country compact or threshold country program; or 
     commencing negotiations for any new compact or threshold 
     country program.

                    limitation on residence expenses

       Sec. 7058. Of the funds appropriated or made available 
     pursuant to title II of this Act, not to exceed $100,500 
     shall be for official residence expenses of the United States 
     Agency for International Development during the current 
     fiscal year: Provided, That appropriate steps shall be taken 
     to assure that, to the maximum extent possible, United 
     States-owned foreign currencies are utilized in lieu of 
     dollars.

     united states agency for international development management

                     (including transfer of funds)

       Sec. 7059. (a) Authority.--Up to $81,000,000 of the funds 
     made available in title III of this Act to carry out the 
     provisions of part I of the Foreign Assistance Act of 1961, 
     including funds appropriated under the heading ``Assistance 
     for Europe, Eurasia and Central Asia'', may be used by the 
     United States Agency for International Development (USAID) to 
     hire and employ individuals in the United States and overseas 
     on a limited appointment basis pursuant to the authority of 
     sections 308 and 309 of the Foreign Service Act of 1980.
       (b) Restrictions.--
       (1) The number of individuals hired in any fiscal year 
     pursuant to the authority contained in subsection (a) may not 
     exceed 175.
       (2) The authority to hire individuals contained in 
     subsection (a) shall expire on September 30, 2010.
       (c) Conditions.--The authority of subsection (a) may only 
     be used to the extent that an equivalent number of positions 
     that are filled by personal services contractors or other 
     non-direct hire employees of USAID, who are compensated with 
     funds appropriated to carry out part I of the Foreign 
     Assistance Act of 1961, including funds appropriated under 
     the heading ``Assistance for Europe, Eurasia and Central 
     Asia'', are eliminated.
       (d) Priority Sectors.--In exercising the authority of this 
     section, primary emphasis shall be placed on enabling USAID 
     to meet personnel positions in technical skill areas 
     currently encumbered by contractor or other non-direct hire 
     personnel.
       (e) Consultations.--The USAID Administrator shall consult 
     with the Committees on Appropriations at least on a quarterly 
     basis concerning the implementation of this section.
       (f) Program Account Charged.--The account charged for the 
     cost of an individual hired and employed under the authority 
     of this section shall be the account to which such 
     individual's responsibilities primarily relate. Funds made 
     available to carry out this section may be transferred to, 
     and merged with, funds appropriated by this Act in title II 
     under the heading ``Operating Expenses''.
       (g) Foreign Service Limited Extensions.--Individuals hired 
     and employed by USAID, with funds made available in this Act 
     or prior Acts making appropriations for the Department of 
     State, foreign operations, and related programs, pursuant to 
     the authority of section 309 of the Foreign Service Act of 
     1980, may be extended for a period of up to 4 years 
     notwithstanding the limitation set forth in such section.
       (h) Junior Officer Placement Authority.--Of the funds made 
     available in subsection (a), USAID may use, in addition to 
     funds otherwise available for such purposes, up to 
     $15,000,000 to fund overseas support costs of members of the 
     Foreign Service with a Foreign Service rank of four or below: 
     Provided, That such authority is only used to reduce USAID's 
     reliance on overseas personal services contractors or other 
     non-direct hire employees compensated with funds appropriated 
     to carry out part I of the Foreign Assistance Act of 1961, 
     including funds appropriated under the heading ``Assistance 
     for Europe, Eurasia and Central Asia''.
       (i) Disaster Surge Capacity.--Funds appropriated under 
     title III of this Act to carry out part I of the Foreign 
     Assistance Act of 1961, including funds appropriated under 
     the heading ``Assistance for Europe, Eurasia and Central 
     Asia'', may be used, in addition to funds otherwise available 
     for such purposes, for the cost (including the support costs) 
     of individuals detailed to or employed by USAID whose primary 
     responsibility is to carry out programs in response to 
     natural disasters.
       (j) Technical Advisors.--Up to $13,500,000 of the funds 
     made available by this Act in title III for assistance under 
     the heading ``Global Health and Child Survival'', may be used 
     to reimburse United States Government agencies, agencies of 
     State governments, institutions of higher learning, and 
     private and voluntary organizations for the full cost of 
     individuals (including for the personal services of such 
     individuals) detailed or assigned to, or contracted by, as 
     the case may be, USAID for the purpose of carrying out 
     activities under that heading: Provided, That up to 
     $3,500,000 of the funds made available by this Act for 
     assistance under the heading ``Development Assistance'' may 
     be used to reimburse such agencies, institutions, and 
     organizations for such costs of such individuals carrying out 
     other development assistance activities.
       (k) Personal Services Contractors.--Funds appropriated by 
     this Act to carry out chapter 1 of part I, chapter 4 of part 
     II, and section 667 of the Foreign Assistance Act of 1961, 
     and title II of the Agricultural Trade Development and 
     Assistance Act of 1954, may

[[Page 5713]]

     be used by USAID to employ up to 25 personal services 
     contractors in the United States, notwithstanding any other 
     provision of law, for the purpose of providing direct, 
     interim support for new or expanded overseas programs and 
     activities managed by the agency until permanent direct hire 
     personnel are hired and trained: Provided, That not more than 
     10 of such contractors shall be assigned to any bureau or 
     office: Provided further, That such funds appropriated to 
     carry out title II of the Agricultural Trade Development and 
     Assistance Act of 1954, may be made available only for 
     personal services contractors assigned to the Office of Food 
     for Peace.
       (l) Recruitment Strategy.--Not later than December 31, 
     2009, the USAID Administrator, after consulting with the 
     Secretaries of Defense, Treasury, Agriculture, Interior, 
     Energy, and Health and Human Services, the Director of the 
     Centers for Disease Control and Prevention, the Administrator 
     of the Environmental Protection Agency, and the heads of 
     other relevant Federal departments and agencies, shall submit 
     to the Committees on Appropriations a recruitment strategy 
     for current and former employees from such departments and 
     agencies who possess skills and/or overseas experience which 
     would enhance USAID's capacity to carry out its mission: 
     Provided, That funds made available under the heading 
     ``Operating Expenses'' in title II of this Act may be made 
     available to implement the strategy described in the previous 
     proviso, subject to the regular notification procedures of 
     the Committees on Appropriations.
       (m) Hiring Authority.--Notwithstanding section 307 of the 
     Foreign Service Act of 1980, the USAID Administrator may hire 
     up to 30 individuals under the Development Leadership 
     Initiative: Provided, That the authority contained in this 
     subsection shall expire on September 30, 2010.

                        global health activities

       Sec. 7060. (a) Funds appropriated by titles III and IV of 
     this Act that are made available for bilateral assistance for 
     child survival activities or disease programs including 
     activities relating to research on, and the prevention, 
     treatment and control of, HIV/AIDS may be made available 
     notwithstanding any other provision of law except for the 
     provisions under the heading ``Global Health and Child 
     Survival'' and the United States Leadership Against HIV/AIDS, 
     Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22 
     U.S.C. 7601 et seq.), as amended: Provided, That of the funds 
     appropriated under title III of this Act, not less than 
     $545,000,000 should be made available for family planning/
     reproductive health.
       (b) Notwithstanding any other provision of this Act, 10 
     percent of the funds that are appropriated by this Act for a 
     contribution to support the Global Fund to Fight AIDS, 
     Tuberculosis and Malaria (the ``Global Fund'') shall be 
     withheld from obligation to the Global Fund until the 
     Secretary of State reports to the Committees on 
     Appropriations that the Global Fund--
       (1) is releasing incremental disbursements only if grantees 
     demonstrate progress against clearly defined performance 
     indicators; and
       (2) is implementing a reporting system that breaks down 
     grantee budget allocations by programmatic activity.


                       DEVELOPMENT GRANTS PROGRAM

       Sec. 7061. Of the funds appropriated by this Act under the 
     heading ``Development Assistance'', not less than $40,000,000 
     shall be made available for the Development Grants Program 
     established pursuant to section 674 of the Department of 
     State, Foreign Operations, and Related Programs 
     Appropriations Act, 2008 (division J of Public Law 110-161): 
     Provided, That funds made available under this section are in 
     addition to other funds available for such purposes including 
     funds designated by this Act by section 7065.

                          women in development

       Sec. 7062. (a) Programs funded under title III of this Act 
     should include, where appropriate, gender considerations in 
     the planning, assessment, implementation, monitoring and 
     evaluation of such programs.
       (b) Funds made available under title III of this Act should 
     be made available to support programs to enhance economic 
     opportunities for poor women in developing countries, 
     including increasing the number and capacity of women-owned 
     enterprises, improving property rights for women, increasing 
     access to financial services, and improving women's ability 
     to participate in the global economy.

                         gender-based violence

       Sec. 7063. (a) Funds appropriated under the headings 
     ``Development Assistance'' and ``Economic Support Fund'' in 
     this Act shall be made available for programs to address 
     sexual and gender-based violence.
       (b) Programs and activities funded under titles III and IV 
     of this Act that provide training for foreign police, 
     judicial, and military officials shall address, where 
     appropriate, gender-based violence.

                               education

       Sec. 7064. (a) Basic Education.--
       (1) Of the funds appropriated by title III of this Act and 
     by prior Acts for fiscal year 2009, not less than 
     $700,000,000 should be made available for assistance for 
     basic education, of which not less than $400,000,000 shall be 
     made available under the heading ``Development Assistance''.
       (2) There shall continue to be a Coordinator of United 
     States government actions to provide basic education 
     assistance in developing countries as established in section 
     664 of division J of Public Law 110-161.
       (3) Funds appropriated for basic education in this Act 
     shall be made available for a pilot program in three 
     countries to develop and evaluate the effectiveness and 
     implementation of a 5-year basic education strategic plan.
       (b) Higher Education.--Of the funds appropriated by title 
     III of this Act and by prior Acts for fiscal year 2009, not 
     less than $133,000,000 shall be made available for assistance 
     for higher education.


                        reconciliation programs

       Sec. 7065. Of the funds appropriated under the headings 
     ``Development Assistance'' and ``Economic Support Fund'' in 
     this Act, $25,000,000 shall be made available for 
     reconciliation programs which bring together and facilitate 
     interaction between individuals of different ethnic, 
     religious and political backgrounds from areas of civil 
     conflict and war, of which $9,000,000 shall be made available 
     for such programs in the Middle East: Provided, That the 
     Administrator of the United States Agency for International 
     Development shall consult with the Committees on 
     Appropriations, prior to the initial obligation of funds, on 
     the most effective uses of such funds.

                   comprehensive expenditures report

       Sec. 7066. Not later than 180 days after the date of 
     enactment of this Act, the Secretary of State shall submit a 
     report to the Committees on Appropriations detailing the 
     total amount of United States Government expenditures in 
     fiscal years 2007 and 2008, by Federal agency, for assistance 
     programs and activities in each foreign country, identifying 
     the line item as presented in the President's Budget Appendix 
     and the purpose for which the funds were provided: Provided, 
     That if required, information may be submitted in classified 
     form.

                         requests for documents

       Sec. 7067. None of the funds appropriated or made available 
     pursuant to titles III through VI of this Act shall be 
     available to a nongovernmental organization, including any 
     contractor, which fails to provide upon timely request any 
     document, file, or record necessary to the auditing 
     requirements of the United States Agency for International 
     Development.


                     senior policy operating group

       Sec. 7068. (a) The Senior Policy Operating Group on 
     Trafficking in Persons, established under section 105(f) of 
     the Victims of Trafficking and Violence Protection Act of 
     2000 (22 U.S.C. 7103(f)) to coordinate agency activities 
     regarding policies (including grants and grant policies) 
     involving the international trafficking in persons, shall 
     coordinate all such policies related to the activities of 
     traffickers and victims of severe forms of trafficking.
       (b) None of the funds provided under title I of this or any 
     other Act making appropriations for the Department of State, 
     foreign operations, and related programs shall be expended to 
     perform functions that duplicate coordinating 
     responsibilities of the Operating Group.
       (c) The Operating Group shall continue to report only to 
     the authorities that appointed them pursuant to section 
     105(f).

                     prohibition on use of torture

       Sec. 7069. None of the funds made available in this Act 
     shall be used in any way whatsoever to support or justify the 
     use of torture, cruel or inhumane treatment by any official 
     or contract employee of the United States Government.

                                 africa

       Sec. 7070. (a) Expanded International Military Education 
     and Training.--
       (1) Funds appropriated under the heading ``International 
     Military Education and Training'' in this Act that are made 
     available for assistance for Angola, Cameroon, Central 
     African Republic, Chad, Cote D'Ivoire, and Guinea may be made 
     available only for expanded international military education 
     and training.
       (2) None of the funds appropriated under the heading 
     ``International Military Education and Training'' in this Act 
     may be made available for assistance for Equatorial Guinea.
       (b)(1) Sudan Limitation on Assistance.--Subject to 
     subsection (2):
       (A) Notwithstanding any other provision of law, none of the 
     funds appropriated by this Act may be made available for 
     assistance for the Government of Sudan.
       (B) None of the funds appropriated by this Act may be made 
     available for the cost, as defined in section 502, of the 
     Congressional Budget Act of 1974, of modifying loans and loan 
     guarantees held by the Government of Sudan, including the 
     cost of selling, reducing, or canceling amounts owed to the 
     United States, and modifying concessional loans, guarantees, 
     and credit agreements.
       (2) Subsection (b)(1) shall not apply if the Secretary of 
     State determines and certifies to the Committees on 
     Appropriations that:

[[Page 5714]]

       (A) The Government of Sudan honors its pledges to cease 
     attacks upon civilians and disarms and demobilizes the 
     Janjaweed and other government-supported militias.
       (B) The Government of Sudan and all government-supported 
     militia groups are honoring their commitments made in all 
     previous cease-fire agreements.
       (C) The Government of Sudan is allowing unimpeded access to 
     Darfur to humanitarian aid organizations, the human rights 
     investigation and humanitarian teams of the United Nations, 
     including protection officers, and an international 
     monitoring team that is based in Darfur and has the support 
     of the United States.
       (3) Exceptions.--The provisions of subsection (b)(1) shall 
     not apply to--
       (A) humanitarian assistance;
       (B) assistance for the Darfur region, Southern Sudan, 
     Southern Kordofan/Nuba Mountains State, Blue Nile State, and 
     Abyei; and
       (C) assistance to support implementation of the 
     Comprehensive Peace Agreement and the Darfur Peace Agreement 
     or any other internationally-recognized viable peace 
     agreement in Sudan.
       (4) Definitions.--For the purposes of this Act, the term 
     ``Government of Sudan'' shall not include the Government of 
     Southern Sudan.
       (5) Notwithstanding any other law, assistance in this Act 
     may be made available to the Government of Southern Sudan to 
     provide non-lethal military assistance, military education 
     and training, and defense services controlled under the 
     International Traffic in Arms Regulations (22 CRF 120.1 et 
     seq.) if the Secretary of State--
       (A) determines that the provision of such items is in the 
     national interest of the United States; and
       (B) not later than 15 days before the provision of any such 
     assistance, notifies the Committees on Appropriations of such 
     determination.
       (c) Horn of Africa and Pan Sahel Program.--Funds 
     appropriated under the heading ``Economic Support Fund'' in 
     this Act that are made available for programs and activities 
     to counter extremism in the Horn of Africa and the Pan Sahel 
     region of Africa, shall be administered by the United States 
     Agency for International Development, and are in addition to 
     funds otherwise made available for such purposes.
     (d) War Crimes in Africa.--
       (1) The Congress reaffirms its support for the efforts of 
     the International Criminal Tribunal for Rwanda (ICTR) and the 
     Special Court for Sierra Leone (SCSL) to bring to justice 
     individuals responsible for war crimes and crimes against 
     humanity in a timely manner.
       (2) Funds appropriated by this Act, including funds for 
     debt restructuring, may be made available for assistance for 
     the central government of a country in which individuals 
     indicted by ICTR and SCSL are credibly alleged to be living, 
     if the Secretary of State determines and reports to the 
     Committees on Appropriations that such government is 
     cooperating with ICTR and SCSL, including the surrender and 
     transfer of indictees in a timely manner: Provided, That this 
     subsection shall not apply to assistance provided under 
     section 551 of the Foreign Assistance Act of 1961 or to 
     project assistance under title VI of this Act: Provided 
     further, That the United States shall use its voice and vote 
     in the United Nations Security Council to fully support 
     efforts by ICTR and SCSL to bring to justice individuals 
     indicted by such tribunals in a timely manner.
       (3) The prohibition in subsection (2) may be waived on a 
     country-by-country basis if the President determines that 
     doing so is in the national security interest of the United 
     States: Provided, That prior to exercising such waiver 
     authority, the President shall submit a report to the 
     Committees on Appropriations, in classified form if 
     necessary, on--
       (A) the steps being taken to obtain the cooperation of the 
     government in surrendering the indictee in question to the 
     court of jurisdiction;
       (B) a strategy, including a timeline, for bringing the 
     indictee before such court; and
       (C) the justification for exercising the waiver authority.
       (e) Zimbabwe.--
       (1) The Secretary of the Treasury shall instruct the United 
     States executive director to each international financial 
     institution to vote against any extension by the respective 
     institution of any loans to the Government of Zimbabwe, 
     except to meet basic human needs or to promote democracy, 
     unless the Secretary of State determines and reports in 
     writing to the Committees on Appropriations that the rule of 
     law has been restored in Zimbabwe, including respect for 
     ownership and title to property, freedom of speech and 
     association, and a transition government has been established 
     that reflects the will of the people as they voted in the 
     March 2008 elections.
       (2) None of the funds appropriated by this Act shall be 
     made available for assistance for the central government of 
     Zimbabwe unless the Secretary of State makes the 
     determination pursuant to subsection (e)(1).

                                  asia

       Sec. 7071. (a) Tibet.--
       (1) The Secretary of the Treasury should instruct the 
     United States executive director to each international 
     financial institution to use the voice and vote of the United 
     States to support projects in Tibet if such projects do not 
     provide incentives for the migration and settlement of non-
     Tibetans into Tibet or facilitate the transfer of ownership 
     of Tibetan land and natural resources to non-Tibetans; are 
     based on a thorough needs-assessment; foster self-sufficiency 
     of the Tibetan people and respect Tibetan culture and 
     traditions; and are subject to effective monitoring.
       (2) Notwithstanding any other provision of law, not less 
     than $7,300,000 of the funds appropriated by this Act under 
     the heading ``Economic Support Fund'' should be made 
     available to nongovernmental organizations to support 
     activities which preserve cultural traditions and promote 
     sustainable development and environmental conservation in 
     Tibetan communities in the Tibetan Autonomous Region and in 
     other Tibetan communities in China.
       (b) Burma.--
       (1) The Secretary of the Treasury shall instruct the United 
     States executive director to each appropriate international 
     financial institution in which the United States 
     participates, to oppose and vote against the extension by 
     such institution any loan or financial or technical 
     assistance or any other utilization of funds of the 
     respective bank to and for Burma.
       (2) Of the funds appropriated by this Act under the heading 
     ``Economic Support Fund'', not less than $15,000,000 shall be 
     made available to support democracy activities in Burma, 
     along the Burma-Thailand border, for activities of Burmese 
     student groups and other organizations located outside Burma, 
     and for the purpose of supporting the provision of 
     humanitarian assistance to displaced Burmese along Burma's 
     borders: Provided, That such funds may be made available 
     notwithstanding any other provision of law: Provided further, 
     That in addition to assistance for Burmese refugees provided 
     under the heading ``Migration and Refugee Assistance'' in 
     this Act, not less than $4,000,000 shall be made available 
     for community-based organizations operating in Thailand to 
     provide food, medical and other humanitarian assistance to 
     internally displaced persons in eastern Burma: Provided 
     further, That funds made available under this paragraph shall 
     be subject to the regular notification procedures of the 
     Committees on Appropriations.
       (c) Indonesia.--
       (1) Of the funds appropriated by this Act under the heading 
     ``Foreign Military Financing Program'', not to exceed 
     $15,700,000 shall be made available for assistance for 
     Indonesia, of which $2,000,000 shall be made available only 
     after the Secretary of State submits to the Committees on 
     Appropriations the report on Indonesia detailed in the 
     explanatory statement described in section 4 (in the matter 
     preceding division A of this consolidated Act) under such 
     heading.
       (2) Of the funds appropriated by this Act under the heading 
     ``Economic Support Fund'' that are available for assistance 
     for Indonesia, not less than $300,000 should be made 
     available for grants for capacity building of Indonesian 
     human rights organizations, including in Papua.
       (d) Cambodia.--Funds appropriated under the heading 
     ``Economic Support Fund'' in this Act for assistance for 
     Cambodia may be used for an endowment, and shall be made 
     available to strengthen the capacity of the Government of 
     Cambodia to combat human trafficking, notwithstanding any 
     other provision of law.
       (e) North Korea.--
       (1) Funds made available under the heading ``Migration and 
     Refugee Assistance'' in this Act shall be made available for 
     assistance for refugees from North Korea.
       (2) Of the funds made available under the heading 
     ``International Broadcasting Operations'' in title I of this 
     Act, not less than $8,000,000 shall be made available for 
     broadcasts into North Korea.
       (3) None of the funds made available under the heading 
     ``Economic Support Fund'' in fiscal year 2009 may be made 
     available for obligation for energy-related assistance for 
     North Korea unless the Secretary of State determines and 
     reports to the Committees on Appropriations that North Korea 
     is continuing to fulfill its commitments under the Six Party 
     Talks agreements.
       (f) People's Republic of China.--
       (1) Notwithstanding any other provision of law and subject 
     to the regular notification procedures of the Committees on 
     Appropriations, of the funds appropriated under the heading 
     ``Development Assistance'' in this Act, not less than 
     $11,000,000 shall be made available to United States 
     educational institutions and nongovernmental organizations 
     for programs and activities in the People's Republic of China 
     relating to the environment, governance and the rule of law.
       (2) None of the funds appropriated under the heading 
     ``Diplomatic and Consular Programs'' in this Act may be 
     obligated or expended for processing licenses for the export 
     of satellites of United States origin (including commercial 
     satellites and satellite components) to the People's Republic 
     of China unless, at least 15 days in advance, the Committees 
     on Appropriations are notified of such proposed action.

[[Page 5715]]

       (3) Not later than 180 days after enactment of this Act, 
     the Secretary of State shall submit a report to the 
     Committees on Appropriations detailing, to the extent 
     practicable, the amount of assistance provided by the 
     People's Republic of China to governments and entities in 
     Latin America and Africa during the previous calendar year, 
     and shall make such report publicly available in a timely 
     manner on the website of the Department of State and the 
     United States Agency for International Development in English 
     and Mandarin.
       (4) Of the funds appropriated under the heading 
     ``Diplomatic and Consular Programs'' in this Act, $1,000,000 
     shall be made available to the Bureau of International 
     Information Programs to disseminate information, in Mandarin, 
     in the People's Republic of China: Provided, That such 
     information shall include issues of governance, transparency, 
     corruption, rule of law, and the environment, and the 
     findings of the report required by paragraph (3) of this 
     subsection, and shall be disseminated through the Internet, 
     text messaging or other means, and directed to economically 
     depressed areas of the People's Republic of China: Provided 
     further, That such funds are in addition to funds otherwise 
     made available for such purposes: Provided further, That the 
     Department of State shall consult with the Committees on 
     Appropriations prior to the initial obligation of funds made 
     available by this subsection.
       (5) The terms and requirements of section 620(h) of the 
     Foreign Assistance Act of 1961 shall apply to foreign 
     assistance projects or activities of the People's Liberation 
     Army (PLA) of the People's Republic of China, to include such 
     projects or activities by any entity that is owned or 
     controlled by, or an affiliate of, the PLA: Provided, That 
     none of the funds appropriated or otherwise made available 
     pursuant to this Act may be used to finance any grant, 
     contract, or cooperative agreement with the PLA, or any 
     entity that the Secretary of State has reason to believe is 
     owned or controlled by, or an affiliate of, the PLA.
       (g) Philippines.--Of the funds appropriated by this Act 
     under the heading ``Foreign Military Financing Program'', not 
     to exceed $30,000,000 may be made available for assistance 
     for the Philippines, of which $2,000,000 may not be obligated 
     until the Secretary of State reports in writing to the 
     Committees on Appropriations that--
       (1) the Government of the Philippines is taking effective 
     steps to implement the recommendations of the United Nations 
     Special Rapporteur on Extra-judicial, Summary or Arbitrary 
     Executions, to include prosecutions and convictions for 
     extrajudicial executions; sustaining the decline in the 
     number of extra-judicial executions; addressing allegations 
     of a death squad in Davao City; and strengthening government 
     institutions working to eliminate extra-judicial executions;
       (2) the Government of the Philippines is implementing a 
     policy of promoting military personnel who demonstrate 
     professionalism and respect for internationally recognized 
     human rights, and is investigating and prosecuting military 
     personnel and others who have been credibly alleged to have 
     violated such rights; and
       (3) the Philippine Armed Forces do not have a policy of, 
     and are not engaging in, acts of intimidation or violence 
     against members of legal organizations who advocate for human 
     rights.
       (h) Vietnam.--Notwithstanding any other provision of law, 
     funds appropriated under the heading ``Development 
     Assistance'' in this Act may be made available for programs 
     and activities in the central highlands of Vietnam, and shall 
     be made available for environmental remediation and related 
     health activities in Vietnam.


                                 serbia

       Sec. 7072. (a) Funds appropriated by this Act may be made 
     available for assistance for the central Government of Serbia 
     after May 31, 2009, if the President has made the 
     determination and certification contained in subsection (c).
       (b) After May 31, 2009, the Secretary of the Treasury 
     should instruct the United States executive directors to the 
     international financial institutions to support loans and 
     assistance to the Government of Serbia subject to the 
     conditions in subsection (c).
       (c) The determination and certification referred to in 
     subsection (a) is a determination and a certification by the 
     President to the Committees on Appropriations that the 
     Government of Serbia is--
       (1) cooperating with the International Criminal Tribunal 
     for the former Yugoslavia including access for investigators, 
     the provision of documents, timely information on the 
     location, movement, and sources of financial support of 
     indictees, and the surrender and transfer of indictees or 
     assistance in their apprehension, including Ratko Mladic;
       (2) taking steps that are consistent with the Dayton 
     Accords to end Serbian financial, political, security and 
     other support which has served to maintain separate Republika 
     Srpska institutions; and
       (3) taking steps to implement policies which reflect a 
     respect for minority rights and the rule of law.
       (d) This section shall not apply humanitarian assistance or 
     assistance to promote democracy.

             independent states of the former soviet union

       Sec. 7073. (a) None of the funds appropriated under the 
     heading ``Assistance for Europe, Eurasia and Central Asia'' 
     shall be made available for assistance for a government of an 
     Independent State of the former Soviet Union if that 
     government directs any action in violation of the territorial 
     integrity or national sovereignty of any other Independent 
     State of the former Soviet Union, such as those violations 
     included in the Helsinki Final Act: Provided, That such funds 
     may be made available without regard to the restriction in 
     this subsection if the President determines that to do so is 
     in the national security interest of the United States.
       (b) Funds appropriated under the heading ``Assistance for 
     Europe, Eurasia and Central Asia'' for the Russian 
     Federation, Armenia, Kazakhstan, and Uzbekistan shall be 
     subject to the regular notification procedures of the 
     Committees on Appropriations.
       (c)(1) Of the funds appropriated under the heading 
     ``Assistance for Europe, Eurasia and Central Asia'' that are 
     allocated for assistance for the Government of the Russian 
     Federation, 60 percent shall be withheld from obligation 
     until the President determines and certifies in writing to 
     the Committees on Appropriations that the Government of the 
     Russian Federation--
       (A) has terminated implementation of arrangements to 
     provide Iran with technical expertise, training, technology, 
     or equipment necessary to develop a nuclear reactor, related 
     nuclear research facilities or programs, or ballistic missile 
     capability; and
       (B) is providing full access to international non-
     government organizations providing humanitarian relief to 
     refugees and internally displaced persons in Chechnya.
       (2) Paragraph (1) shall not apply to--
       (A) assistance to combat infectious diseases, child 
     survival activities, or assistance for victims of trafficking 
     in persons; and
       (B) activities authorized under title V (Nonproliferation 
     and Disarmament Programs and Activities) of the FREEDOM 
     Support Act.
       (d) Section 907 of the FREEDOM Support Act shall not apply 
     to--
       (1) activities to support democracy or assistance under 
     title V of the FREEDOM Support Act and section 1424 of Public 
     Law 104-201 or non-proliferation assistance;
       (2) any assistance provided by the Trade and Development 
     Agency under section 661 of the Foreign Assistance Act of 
     1961 (22 U.S.C. 2421);
       (3) any activity carried out by a member of the United 
     States and Foreign Commercial Service while acting within his 
     or her official capacity;
       (4) any insurance, reinsurance, guarantee or other 
     assistance provided by the Overseas Private Investment 
     Corporation under title IV of chapter 2 of part I of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
       (5) any financing provided under the Export-Import Bank Act 
     of 1945; or
       (6) humanitarian assistance.

                  repression in the russian federation

       Sec. 7074. (a) None of the funds appropriated under the 
     heading ``Assistance for Europe, Eurasia and Central Asia'' 
     in this Act may be made available for the Government of the 
     Russian Federation, after 180 days from the date of the 
     enactment of this Act, unless the President determines and 
     certifies in writing to the Committees on Appropriations that 
     the Government of the Russian Federation: (1) has implemented 
     no statute, Executive order, regulation or similar government 
     action that would discriminate, or which has as its principal 
     effect discrimination, against religious groups or religious 
     communities in the Russian Federation in violation of 
     accepted international agreements on human rights and 
     religious freedoms to which the Russian Federation is a 
     party; and (2) is (A) honoring its international obligations 
     regarding freedom of expression, assembly, and press, as well 
     as due process; (B) investigating and prosecuting law 
     enforcement personnel credibly alleged to have committed 
     human rights abuses against political leaders, activists and 
     journalists; and (C) immediately releasing political leaders, 
     activists and journalists who remain in detention.
       (b) The Secretary of State may waive the requirements of 
     subsection (a) if the Secretary determines that to do so is 
     important to the national interests of the United States.

                              central asia

       Sec. 7075. (a) Funds appropriated by this Act may be made 
     available for assistance for the Government of Kazakhstan 
     only if the Secretary of State determines and reports to the 
     Committees on Appropriations that the Government of 
     Kazakhstan has made significant improvements in the 
     protection of human rights and civil liberties during the 
     preceding 6 month period, including by fulfilling obligations 
     recommended by the Organization for Security and Cooperation 
     in Europe (OSCE) in the areas of election procedures, media 
     freedom, freedom of religion, free assembly and minority 
     rights, and by

[[Page 5716]]

     meeting the commitments it made in connection with its 
     assumption of the Chairmanship of the OSCE in 2010.
       (b) The Secretary of State may waive subsection (a) if the 
     Secretary determines and reports to the Committees on 
     Appropriations that such a waiver is important to the 
     national security of the United States.
       (c) Not later than October 1, 2009, the Secretary of State 
     shall submit a report to the Committees on Appropriations 
     describing the following:
       (1) The defense articles, defense services, and financial 
     assistance provided by the United States to the countries of 
     Central Asia during the 12-month period ending 30 days prior 
     to submission of such report.
       (2) The use during such period of defense articles, defense 
     services, and financial assistance provided by the United 
     States by units of the armed forces, border guards, or other 
     security forces of such countries.
       (d) For purposes of this section, the term ``countries of 
     Central Asia'' means Uzbekistan, Kazakhstan, Kyrgyz Republic, 
     Tajikistan, and Turkmenistan.

                               uzbekistan

       Sec. 7076. (a) Funds appropriated by this Act may be made 
     available for assistance for the central Government of 
     Uzbekistan only if the Secretary of State determines and 
     reports to the Committees on Appropriations that the 
     Government of Uzbekistan is making substantial and continuing 
     progress--
       (1) in meeting its commitments under the ``Declaration on 
     the Strategic Partnership and Cooperation Framework Between 
     the Republic of Uzbekistan and the United States of 
     America'', including respect for internationally recognized 
     human rights, establishing a genuine multi-party system, and 
     ensuring free and fair elections, freedom of expression, and 
     the independence of the media; and
       (2) in investigating and prosecuting the individuals 
     responsible for the deliberate killings of civilians in 
     Andijan in May 2005.
       (b) If the Secretary of State has credible evidence that 
     any current or former official of the Government of 
     Uzbekistan was responsible for the deliberate killings of 
     civilians in Andijan in May 2005, or for other violations of 
     internationally recognized human rights in Uzbekistan, not 
     later than 6 months after enactment of this Act any person 
     identified by the Secretary pursuant to this subsection shall 
     be ineligible for admission to the United States.
       (c) The restriction in subsection (b) shall cease to apply 
     if the Secretary determines and reports to the Committees on 
     Appropriations that the Government of Uzbekistan has taken 
     concrete and measurable steps to improve respect for 
     internationally recognized human rights, including allowing 
     peaceful political and religious expression, releasing 
     imprisoned human rights defenders, and implementing 
     recommendations made by the United Nations on torture.
       (d) The Secretary may waive the application of subsection 
     (b) if the Secretary determines that admission to the United 
     States is necessary to attend the United Nations or to 
     further United States law enforcement objectives.
       (e) For the purpose of this section ``assistance'' shall 
     include excess defense articles.

                              afghanistan

       Sec. 7077. Of the funds appropriated under titles III and 
     IV of this Act, not less than $1,041,950,000 should be made 
     available for assistance for Afghanistan, of which not less 
     than $100,000,000 shall be made available to support programs 
     that directly address the needs of Afghan women and girls, 
     including for the Afghan Independent Human Rights Commission, 
     the Afghan Ministry of Women's Affairs, and for women-led 
     nonprofit organizations in Afghanistan.

                            enterprise funds

       Sec. 7078. (a) Prior to the distribution of any assets 
     resulting from any liquidation, dissolution, or winding up of 
     an Enterprise Fund, in whole or in part, the President shall 
     submit to the Committees on Appropriations, in accordance 
     with the regular notification procedures of the Committees on 
     Appropriations, a plan for the distribution of the assets of 
     the Enterprise Fund.
       (b) Funds made available under titles III through VI of 
     this Act for Enterprise Funds shall be expended at the 
     minimum rate necessary to make timely payment for projects 
     and activities and shall be subject to the regular 
     notification procedures of the Committees on Appropriations.

                     united nations population fund

       Sec. 7079. (a) Contribution.--Of the funds made available 
     under the headings ``International Organizations and 
     Programs'' and ``Global Health and Child Survival'' in this 
     Act for fiscal year 2009, $50,000,000 shall be made available 
     for the United Nations Population Fund (UNFPA), of which not 
     more than $30,000,000 shall be derived from funds 
     appropriated under the heading ``International Organizations 
     and Programs''.
       (b) Availability of Funds.--Funds appropriated by this Act 
     for UNFPA, that are not made available because of the 
     operation of any provision of law, shall be made available to 
     UNFPA notwithstanding any such provision of law, subject to 
     the regular notification procedures of the Committees on 
     Appropriations, only for the following purposes and subject 
     to the provisions of this section--
       (1) provide and distribute equipment, medicine, and 
     supplies, including safe delivery kits and hygiene kits, to 
     ensure safe childbirth and emergency obstetric care;
       (2) make available supplies of contraceptives for the 
     prevention of unintended pregnancies and the spread of 
     sexually transmitted infections, including HIV/AIDS;
       (3) prevent and treat cases of obstetric fistula;
       (4) reestablish maternal health services in areas where 
     medical infrastructure and such services have been destroyed 
     or limited by natural disasters, armed conflict, or other 
     factors;
       (5) promote abandonment of female genital mutilation and 
     cutting and child marriage; and
       (6) promote access to basic services, including clean 
     water, sanitation facilities, food, and health care, for poor 
     women and girls.
       (c) Prohibition on Use of Funds in China.--None of the 
     funds made available by this Act may be used by UNFPA for a 
     country program in the People's Republic of China.
       (d) Conditions on Availability of Funds.--Funds made 
     available by this Act for UNFPA may be made available if--
       (1) UNFPA maintains funds made available by this Act in an 
     account separate from other accounts of UNFPA and does not 
     commingle such funds with other sums; and
       (2) UNFPA does not fund abortions.
       (e) Report to Congress and Witholding of Funds.--
       (1) Not later than 60 days after the date of enactment of 
     this Act, the Secretary of State shall submit a report to the 
     Committees on Appropriations indicating the amount of funds 
     that the UNFPA is budgeting for the year in which the report 
     is submitted for a country program in the People's Republic 
     of China.
       (2) If the report under this subparagraph indicates that 
     the UNFPA plans to spend funds for a country program in the 
     People's Republic of China in the year covered by the report, 
     then the amount of such funds the UNFPA plans to spend in the 
     People's Republic of China shall be deducted from the funds 
     made available to the UNFPA after March 1 for obligation for 
     the remainder of the fiscal year in which the report is 
     submitted.


                 prohibition on publicity or propaganda

       Sec. 7080. No part of any appropriation contained in this 
     Act shall be used for publicity or propaganda purposes within 
     the United States not authorized before the date of the 
     enactment of this Act by the Congress: Provided, That not to 
     exceed $25,000 may be made available to carry out the 
     provisions of section 316 of Public Law 96-533.


                                  opic

                     (including transfer of funds)

       Sec. 7081. (a) Authority.--Notwithstanding section 
     235(a)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2195(a)(2)), the authority of subsections (a) through (c) of 
     section 234 of such Act shall remain in effect through 
     September 30, 2009.
       (b) Funding.--Whenever the President determines that it is 
     in furtherance of the purposes of the Foreign Assistance Act 
     of 1961, up to a total of $20,000,000 of the funds 
     appropriated under title III of this Act may be transferred 
     to, and merged with, funds appropriated by this Act for the 
     Overseas Private Investment Corporation Program Account, to 
     be subject to the terms and conditions of that account: 
     Provided, That such funds shall not be available for 
     administrative expenses of the Overseas Private Investment 
     Corporation: Provided further, That designated funding levels 
     in this Act shall not be transferred pursuant to this 
     section: Provided further, That the exercise of such 
     authority shall be subject to the regular notification 
     procedures of the Committees on Appropriations.

                              extradition

       Sec. 7082. (a) None of the funds appropriated in this Act 
     may be used to provide assistance (other than funds provided 
     under the headings ``International Narcotics Control and Law 
     Enforcement'', ``Migration and Refugee Assistance'', 
     ``Emergency Migration and Refugee Assistance'', and 
     ``Nonproliferation, Anti-terrorism, Demining and Related 
     Assistance'') for the central government of a country which 
     has notified the Department of State of its refusal to 
     extradite to the United States any individual indicted for a 
     criminal offense for which the maximum penalty is life 
     imprisonment without the possibility of parole or for killing 
     a law enforcement officer, as specified in a United States 
     extradition request.
       (b) Subsection (a) shall only apply to the central 
     government of a country with which the United States 
     maintains diplomatic relations and with which the United 
     States has an extradition treaty and the government of that 
     country is in violation of the terms and conditions of the 
     treaty.
       (c) The Secretary of State may waive the restriction in 
     subsection (a) on a case-by-case basis if the Secretary 
     certifies to the Committees on Appropriations that such 
     waiver is important to the national interests of the United 
     States.

[[Page 5717]]




                         ENERGY AND ENVIRONMENT

       Sec. 7083. (a) Clean Energy.--Of the funds appropriated by 
     title III of this Act, not less than $100,000,000 shall be 
     made available to the United States Agency for International 
     Development (USAID), in addition to funds otherwise made 
     available for such purposes, for programs and activities that 
     reduce global warming by promoting the sustainable use of 
     renewable energy technologies and energy efficient end-use 
     technologies, carbon sequestration, and carbon accounting.
       (b) Climate Change Adaptation.--Of the funds appropriated 
     by this Act, up to $10,000,000 shall be made available for a 
     United States contribution to the Least Developed Countries 
     Fund to support grants for climate change adaptation programs 
     and activities, if the Global Environment Facility makes 
     publicly available on its website an annual report detailing 
     the criteria used to determine which programs and activities 
     receive funds, the manner in which such programs and 
     activities meet such criteria, the extent of local 
     involvement in such programs and activities, the amount of 
     funds provided, and the results achieved.
       (c) Biodiversity.--Of the funds appropriated by title III 
     of this Act and by prior Acts for fiscal year 2009, not less 
     than $195,000,000 shall be made available for programs and 
     activities which directly protect biodiversity, including 
     tropical forests and wildlife, in developing countries, of 
     which not less than $25,000,000 shall be made available for 
     USAID's conservation programs in the Amazon Basin: Provided, 
     That of the funds made available under this paragraph, not 
     less than $17,500,000 shall be made available for the Congo 
     Basin Forest Partnership of which not less than $2,500,000 
     shall be made available to the United States Fish and 
     Wildlife Service for conservation programs in Africa: 
     Provided further, That funds appropriated by this Act to 
     carry out the provisions of sections 103 through 106, and 
     chapter 4 of part II, of the Foreign Assistance Act of 1961 
     may be used, notwithstanding any other provision of law, for 
     the purpose of supporting tropical forestry and biodiversity 
     conservation activities and energy programs aimed at reducing 
     greenhouse gas emissions: Provided further, That funds 
     appropriated under the heading ``Development Assistance'' may 
     be made available as a contribution to the Galapagos Invasive 
     Species Fund.
       (d)(1) Extraction of Natural Resources.--The Secretary of 
     the Treasury shall inform the managements of the 
     international financial institutions and the public that it 
     is the policy of the United States to oppose any assistance 
     by such institutions (including but not limited to any loan, 
     credit, grant, or guarantee) for the extraction and export of 
     oil, gas, coal, timber, or other natural resource unless the 
     government of the country has in place functioning systems 
     for: (i) accurately accounting for payments for companies 
     involved in the extraction and export of natural resources; 
     (ii) the independent auditing of accounts receiving such 
     payments and the widespread public dissemination of the 
     findings of such audits; and (iii) verifying government 
     receipts against company payments including widespread 
     dissemination of such payment information, and disclosing 
     such documents as Host Government Agreements, Concession 
     Agreements, and bidding documents, allowing in any such 
     dissemination or disclosure for the redaction of, or 
     exceptions for, information that is commercially proprietary 
     or that would create competitive disadvantage.
       (2) Not later than 180 days after the enactment of this 
     Act, the Secretary of the Treasury shall submit a report to 
     the Committees on Appropriations describing, for each 
     international financial institution, the amount and type of 
     assistance provided, by country, for the extraction and 
     export of oil, gas, coal, timber, or other natural resources 
     in the preceeding 12 months, and whether each institution 
     considered, in its proposal for such assistance, the extent 
     to which the country has functioning systems described in 
     paragraph (1).

                  prohibition on promotion of tobacco

       Sec. 7084. None of the funds provided by this Act shall be 
     available to promote the sale or export of tobacco or tobacco 
     products, or to seek the reduction or removal by any foreign 
     country of restrictions on the marketing of tobacco or 
     tobacco products, except for restrictions which are not 
     applied equally to all tobacco or tobacco products of the 
     same type.


                 commercial leasing of defense articles

       Sec. 7085. Notwithstanding any other provision of law, and 
     subject to the regular notification procedures of the 
     Committees on Appropriations, the authority of section 23(a) 
     of the Arms Export Control Act may be used to provide 
     financing to Israel, Egypt and NATO and major non-NATO allies 
     for the procurement by leasing (including leasing with an 
     option to purchase) of defense articles from United States 
     commercial suppliers, not including Major Defense Equipment 
     (other than helicopters and other types of aircraft having 
     possible civilian application), if the President determines 
     that there are compelling foreign policy or national security 
     reasons for those defense articles being provided by 
     commercial lease rather than by government-to-government sale 
     under such Act.


                            anti-kleptocracy

       Sec. 7086. (a) In furtherance of the National Strategy to 
     Internationalize Efforts Against Kleptocracy and Presidential 
     Proclamation 7750, the Secretary of State shall compile and 
     maintain a list of officials of foreign governments and their 
     immediate family members who the Secretary has credible 
     evidence have been involved in corruption relating to the 
     extraction of natural resources in their countries.
       (b) Any individual on the list compiled under subsection 
     (a) shall be ineligible for admission to the United States.
       (c) The Secretary may waive the application of subsection 
     (b) if the Secretary determines that admission to the United 
     States is necessary to attend the United Nations or to 
     further United States law enforcement objectives, or that the 
     circumstances which caused the individual to be included on 
     the list have changed sufficiently to justify the removal of 
     the individual from the list.
       (d) Not later than 90 days after enactment of this Act and 
     180 days thereafter, the Secretary of State shall report in 
     writing, in classified form if necessary, to the Committees 
     on Appropriations describing the evidence of corruption 
     concerning individuals listed pursuant to subsection (a).


                     training and equipment reports

       Sec. 7087. (a) The annual foreign military training report 
     required by section 656 of the Foreign Assistance Act of 1961 
     shall be submitted by the Secretary of Defense and the 
     Secretary of State to the Committees on Appropriations by the 
     date specified in that section.
       (b) Not later than 90 days after enactment of this Act, the 
     Secretary of State, in consultation with other relevant 
     United States Government agencies, shall submit to the 
     Committees on Appropriations a report detailing the equipment 
     to be purchased with funds appropriated or otherwise made 
     available under the headings ``Andean Counterdrug Programs'', 
     ``International Narcotics Control and Law Enforcement'', and 
     ``Foreign Military Financing Program'' in this Act: Provided, 
     That such report shall include a description of the 
     anticipated costs associated with the operation and 
     maintenance of such equipment in subsequent fiscal years: 
     Provided further, That for the purposes of this subsection, 
     ``equipment'' shall be defined as any aircraft, vessel, boat 
     or vehicle.


                    TRANSPARENCY AND ACCOUNTABILITY

       Sec. 7088. (a) United Nations.--Funds made available by 
     this Act shall be made available to continue reform efforts 
     at the United Nations: Provided, That not later than 
     September 30, 2009, the Secretary of State shall submit a 
     report to the Committees on Appropriations detailing actions 
     taken by United Nations organizations under the headings 
     ``Contributions to International Organizations'' and 
     ``International Organizations and Programs'' to continue 
     reform of United Nations financial management systems and 
     program oversight.
       (b) World Bank.--Section 668(c)(1) of the Consolidated 
     Appropriations Act, 2008 (Public Law 110-161) is amended by 
     striking ``that'' and inserting ``on the extent to which''.
       (c) National Budget Transparency.--
       (1) None of the funds appropriated by this Act may be made 
     available for assistance for the central government of any 
     country that fails to make publicly available on an annual 
     basis its national budget, to include income and 
     expenditures.
       (2) The Secretary of State may waive the requirements of 
     paragraph (1) on a country-by-country basis if the Secretary 
     reports to the Committees on Appropriations that to do so is 
     important to the national interest of the United States.


                          disability programs

       Sec. 7089. (a) Of the funds appropriated by this Act under 
     the heading ``Economic Support Fund'', not less than 
     $4,000,000 shall be made available for programs and 
     activities administered by the United States Agency for 
     International Development (USAID) to address the needs and 
     protect the rights of people with disabilities in developing 
     countries, and for programs to make publicly available 
     information on independent living, advocacy, education, and 
     transportation for people with disabilities and disability 
     advocacy organizations in developing countries, including for 
     the cost of translation.
       (b) Funds appropriated under the heading ``Operating 
     Expenses'' in title II of this Act shall be made available to 
     develop and implement training for staff in overseas USAID 
     missions to promote the full inclusion and equal 
     participation of people with disabilities in developing 
     countries.
       (c) The Secretary of State, the Secretary of the Treasury, 
     and the USAID Administrator shall seek to ensure that, where 
     appropriate, construction projects funded by this Act are 
     accessible to people with disabilities and in compliance with 
     the USAID Policy on Standards for Accessibility for the 
     Disabled, or other similar accessibility standards.
       (d) Of the funds made available pursuant to subsection (a), 
     not more than 7 percent may be for management, oversight and 
     technical support.

[[Page 5718]]




               ORPHANS, DISPLACED AND ABANDONED CHILDREN

       Sec. 7090. Of the funds appropriated under title III of 
     this Act, $3,000,000 should be made available for activities 
     to improve the capacity of foreign government agencies and 
     nongovernmental organizations to prevent child abandonment, 
     address the needs of orphans, displaced and abandoned 
     children and provide permanent homes through family 
     reunification, guardianship and domestic adoptions: Provided, 
     That funds made available under title III of this Act should 
     be made available, as appropriate, consistent with--
       (1) the goal of enabling children to remain in the care of 
     their family of origin, but when not possible, placing 
     children in permanent homes through adoption;
       (2) the principle that such placements should be based on 
     informed consent which has not been induced by payment or 
     compensation;
       (3) the view that long-term foster care or 
     institutionalization are not permanent options and should be 
     used when no other suitable permanent options are available; 
     and
       (4) the recognition that programs that protect and support 
     families can reduce the abandonment and exploitation of 
     children.


                               SRI LANKA

       Sec. 7091. (a) None of the funds appropriated by this Act 
     under the heading ``Foreign Military Financing Program'' may 
     be made available for assistance for Sri Lanka, no defense 
     export license may be issued, and no military equipment or 
     technology shall be sold or transferred to Sri Lanka pursuant 
     to the authorities contained in this Act or any other Act, 
     until the Secretary of State certifies to the Committee on 
     Appropriations that--
       (1) the Sri Lankan military is suspending and the 
     Government of Sri Lanka is bringing to justice members of the 
     military who have been credibly alleged to have violated 
     internationally recognized human rights or international 
     humanitarian law, including complicity in the recruitment of 
     child soldiers;
       (2) the Government of Sri Lanka is providing access to 
     humanitarian organizations and journalists throughout the 
     country consistent with international humanitarian law; and
       (3) the Government of Sri Lanka has agreed to the 
     establishment of a field presence of the Office of the United 
     Nations High Commissioner for Human Rights in Sri Lanka with 
     sufficient staff and mandate to conduct full and unfettered 
     monitoring throughout the country and to publicize its 
     findings.
       (b) Subsection (a) shall not apply to technology or 
     equipment made available for the limited purposes of maritime 
     and air surveillance, including communications equipment 
     previously committed or approved for the limited purposes of 
     air and maritime surveillance.

                     export-import bank rescission

                        (including rescissions)

       Sec. 7092. (a) Of the funds appropriated under the heading 
     ``Subsidy Appropriation'' for the Export-Import Bank of the 
     United States that are available for tied-aid grants in prior 
     Acts making appropriations for foreign operations, export 
     financing, and related programs, $17,000,000 are rescinded.
       (b) Of the unobligated balances available under the heading 
     ``Subsidy Appropriation'' for the Export-Import Bank of the 
     United States in Public Law 109-102, $27,000,000 are 
     rescinded.
       This division may be cited as the ``Department of State, 
     Foreign Operations, and Related Programs Appropriations Act, 
     2009''.

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

                                TITLE I

                      DEPARTMENT OF TRANSPORTATION

                        Office of the Secretary


                         salaries and expenses

       For necessary expenses of the Office of the Secretary, 
     $98,248,000, of which not to exceed $2,400,000 shall be 
     available for the immediate Office of the Secretary; not to 
     exceed $759,000 shall be available for the immediate Office 
     of the Deputy Secretary; not to exceed $19,838,000 shall be 
     available for the Office of the General Counsel; not to 
     exceed $10,107,000 shall be available for the Office of the 
     Under Secretary of Transportation for Policy; not to exceed 
     $10,200,000 shall be available for the Office of the 
     Assistant Secretary for Budget and Programs; not to exceed 
     $2,400,000 shall be available for the Office of the Assistant 
     Secretary for Governmental Affairs; not to exceed $26,000,000 
     shall be available for the Office of the Assistant Secretary 
     for Administration; not to exceed $2,020,000 shall be 
     available for the Office of Public Affairs; not to exceed 
     $1,595,000 shall be available for the Office of the Executive 
     Secretariat; not to exceed $1,369,000 shall be available for 
     the Office of Small and Disadvantaged Business Utilization; 
     not to exceed $8,675,000 for the Office of Intelligence, 
     Security, and Emergency Response; and not to exceed 
     $12,885,000 shall be available for the Office of the Chief 
     Information Officer: Provided, That the Secretary of 
     Transportation is authorized to transfer funds appropriated 
     for any office of the Office of the Secretary to any other 
     office of the Office of the Secretary: Provided further, That 
     no appropriation for any office shall be increased or 
     decreased by more than 5 percent by all such transfers: 
     Provided further, That notice of any change in funding 
     greater than 5 percent shall be submitted for approval to the 
     House and Senate Committees on Appropriations: Provided 
     further, That not to exceed $60,000 shall be for allocation 
     within the Department for official reception and 
     representation expenses as the Secretary may determine: 
     Provided further, That notwithstanding any other provision of 
     law, excluding fees authorized in Public Law 107-71, there 
     may be credited to this appropriation up to $2,500,000 in 
     funds received in user fees: Provided further, That none of 
     the funds provided in this Act shall be available for the 
     position of Assistant Secretary for Public Affairs: Provided 
     further, That of the funds provided under this heading, 
     $100,000 shall be provided through reimbursement to the 
     Department of Transportation's Office of Inspector General to 
     audit the Working Capital Fund's financial statements.


                      Financial Management Capital

       For necessary expenses for upgrading and enhancing the 
     Department of Transportation's financial systems, and 
     reengineering business processes, $5,000,000, to remain 
     available until expended.


                         Office of Civil Rights

       For necessary expenses of the Office of Civil Rights, 
     $9,384,000.


           Transportation Planning, Research, and Development

       For necessary expenses for conducting transportation 
     planning, research, systems development, development 
     activities, and making grants, to remain available until 
     expended, $18,300,000.


                          Working Capital Fund

       Necessary expenses for operating costs and capital outlays 
     of the Working Capital Fund, not to exceed $128,094,000, 
     shall be paid from appropriations made available to the 
     Department of Transportation: Provided, That such services 
     shall be provided on a competitive basis to entities within 
     the Department of Transportation: Provided further, That the 
     above limitation on operating expenses shall not apply to 
     non-DOT entities: Provided further, That no funds 
     appropriated in this Act to an agency of the Department shall 
     be transferred to the Working Capital Fund without the 
     approval of the agency modal administrator: Provided further, 
     That no assessments may be levied against any program, budget 
     activity, subactivity or project funded by this Act unless 
     notice of such assessments and the basis therefor are 
     presented to the House and Senate Committees on 
     Appropriations and are approved by such Committees.


               Minority Business Resource Center Program

       For the cost of guaranteed loans, $353,000, as authorized 
     by 49 U.S.C. 332: Provided, That such costs, including the 
     cost of modifying such loans, shall be as defined in section 
     502 of the Congressional Budget Act of 1974: Provided 
     further, That these funds are available to subsidize total 
     loan principal, any part of which is to be guaranteed, not to 
     exceed $18,367,000. In addition, for administrative expenses 
     to carry out the guaranteed loan program, $559,000.


                       Minority Business Outreach

       For necessary expenses of Minority Business Resource Center 
     outreach activities, $3,056,000, to remain available until 
     September 30, 2010: Provided, That notwithstanding 49 U.S.C. 
     332, these funds may be used for business opportunities 
     related to any mode of transportation.


                        Payments to Air Carriers

                    (Airport and Airway Trust Fund)

                     (including transfer of funds)

       In addition to funds made available from any other source 
     to carry out the essential air service program under 49 
     U.S.C. 41731 through 41742, $73,013,000, to be derived from 
     the Airport and Airway Trust Fund, to remain available until 
     expended: Provided, That, in determining between or among 
     carriers competing to provide service to a community, the 
     Secretary may consider the relative subsidy requirements of 
     the carriers: Provided further, That, if the funds under this 
     heading are insufficient to meet the costs of the essential 
     air service program in the current fiscal year, the Secretary 
     shall transfer such sums as may be necessary to carry out the 
     essential air service program from any available amounts 
     appropriated to or directly administered by the Office of the 
     Secretary for such fiscal year.


                     Compensation for Air Carriers

                              (rescission)

       Of the amounts made available under this heading, all 
     unobligated balances as of the date of enactment of this Act 
     are hereby permanently rescinded.


  Administrative Provisions--Office of the Secretary of Transportation

       Sec. 101. The Secretary of Transportation is authorized to 
     transfer the unexpended balances available for the bonding 
     assistance program from ``Office of the Secretary, Salaries 
     and expenses'' to ``Minority Business Outreach''.

[[Page 5719]]

       Sec. 102. None of the funds made available in this Act to 
     the Department of Transportation may be obligated for the 
     Office of the Secretary of Transportation to approve 
     assessments or reimbursable agreements pertaining to funds 
     appropriated to the modal administrations in this Act, except 
     for activities underway on the date of enactment of this Act, 
     unless such assessments or agreements have completed the 
     normal reprogramming process for Congressional notification.
       Sec. 103. None of the funds made available under this Act 
     may be obligated or expended to establish or implement a 
     program under which essential air service communities are 
     required to assume subsidy costs commonly referred to as the 
     EAS local participation program.
       Sec. 104. The Secretary or his or her designee may engage 
     in activities with States and State legislators to consider 
     proposals related to the reduction of motorcycle fatalities.

                    Federal Aviation Administration


                               Operations

                    (airport and airway trust fund)

       For necessary expenses of the Federal Aviation 
     Administration, not otherwise provided for, including 
     operations and research activities related to commercial 
     space transportation, administrative expenses for research 
     and development, establishment of air navigation facilities, 
     the operation (including leasing) and maintenance of 
     aircraft, subsidizing the cost of aeronautical charts and 
     maps sold to the public, lease or purchase of passenger motor 
     vehicles for replacement only, in addition to amounts made 
     available by Public Law 108-176, $9,042,467,000, of which 
     $5,238,005,000 shall be derived from the Airport and Airway 
     Trust Fund, of which not to exceed $7,099,019,000 shall be 
     available for air traffic organization activities; not to 
     exceed $1,164,597,000 shall be available for aviation safety 
     activities; not to exceed $14,094,000 shall be available for 
     commercial space transportation activities; not to exceed 
     $111,004,000 shall be available for financial services 
     activities; not to exceed $96,091,000 shall be available for 
     human resources program activities; not to exceed 
     $331,000,000 shall be available for region and center 
     operations and regional coordination activities; not to 
     exceed $180,859,000 shall be available for staff offices; and 
     not to exceed $46,500,000 shall be available for information 
     services: Provided, That not to exceed 2 percent of any 
     budget activity, except for aviation safety budget activity, 
     may be transferred to any budget activity under this heading: 
     Provided further, That no transfer may increase or decrease 
     any appropriation by more than 2 percent: Provided further, 
     That any transfer in excess of 2 percent shall be treated as 
     a reprogramming of funds under section 405 of this Act and 
     shall not be available for obligation or expenditure except 
     in compliance with the procedures set forth in that section: 
     Provided further, That the Secretary utilize not less than 
     $10,000,000 of the funds provided for aviation safety 
     activities to pay for staff increases in the Office of 
     Aviation Flight Standards and the Office of Aircraft 
     Certification: Provided further, That not later than March 31 
     of each fiscal year hereafter, the Administrator of the 
     Federal Aviation Administration shall transmit to Congress an 
     annual update to the report submitted to Congress in December 
     2004 pursuant to section 221 of Public Law 108-176: Provided 
     further, That the amount herein appropriated shall be reduced 
     by $100,000 for each day after March 31 that such report has 
     not been submitted to the Congress: Provided further, That 
     funds may be used to enter into a grant agreement with a 
     nonprofit standard-setting organization to assist in the 
     development of aviation safety standards: Provided further, 
     That none of the funds in this Act shall be available for new 
     applicants for the second career training program: Provided 
     further, That none of the funds in this Act shall be 
     available for the Federal Aviation Administration to finalize 
     or implement any regulation that would promulgate new 
     aviation user fees not specifically authorized by law after 
     the date of the enactment of this Act: Provided further, That 
     there may be credited to this appropriation funds received 
     from States, counties, municipalities, foreign authorities, 
     other public authorities, and private sources, for expenses 
     incurred in the provision of agency services, including 
     receipts for the maintenance and operation of air navigation 
     facilities, and for issuance, renewal or modification of 
     certificates, including airman, aircraft, and repair station 
     certificates, or for tests related thereto, or for processing 
     major repair or alteration forms: Provided further, That of 
     the funds appropriated under this heading, not less than 
     $9,000,000 shall be for the contract tower cost-sharing 
     program: Provided further, That none of the funds in this Act 
     shall be available for paying premium pay under 5 U.S.C. 
     5546(a) to any Federal Aviation Administration employee 
     unless such employee actually performed work during the time 
     corresponding to such premium pay: Provided further, That 
     none of the funds in this Act for aeronautical charting and 
     cartography are available for activities conducted by, or 
     coordinated through, the Working Capital Fund: Provided 
     further, That none of the funds in this Act may be obligated 
     or expended for an employee of the Federal Aviation 
     Administration to purchase a store gift card or gift 
     certificate through use of a Government-issued credit card.


                        Facilities and Equipment

                    (airport and airway trust fund)

       For necessary expenses, not otherwise provided for, for 
     acquisition, establishment, technical support services, 
     improvement by contract or purchase, and hire of air 
     navigation and experimental facilities and equipment, as 
     authorized under part A of subtitle VII of title 49, United 
     States Code, including initial acquisition of necessary sites 
     by lease or grant; engineering and service testing, including 
     construction of test facilities and acquisition of necessary 
     sites by lease or grant; construction and furnishing of 
     quarters and related accommodations for officers and 
     employees of the Federal Aviation Administration stationed at 
     remote localities where such accommodations are not 
     available; and the purchase, lease, or transfer of aircraft 
     from funds available under this heading, including aircraft 
     for aviation regulation and certification; to be derived from 
     the Airport and Airway Trust Fund, $2,742,095,000, of which 
     $2,281,595,000 shall remain available until September 30, 
     2011, and of which $460,500,000 shall remain available until 
     September 30, 2009: Provided, That there may be credited to 
     this appropriation funds received from States, counties, 
     municipalities, other public authorities, and private 
     sources, for expenses incurred in the establishment and 
     modernization of air navigation facilities: Provided further, 
     That upon initial submission to the Congress of the fiscal 
     year 2010 President's budget, the Secretary of Transportation 
     shall transmit to the Congress a comprehensive capital 
     investment plan for the Federal Aviation Administration which 
     includes funding for each budget line item for fiscal years 
     2010 through 2014, with total funding for each year of the 
     plan constrained to the funding targets for those years as 
     estimated and approved by the Office of Management and 
     Budget: Provided further, That the Secretary of 
     Transportation shall conduct an analysis that compares the 
     current status of air traffic management and the national 
     airspace system to the planned architecture of the ``next 
     generation'' air transportation system: Provided further, 
     That upon initial submission to the Congress of the fiscal 
     year 2010 President's budget, the Secretary of Transportation 
     shall transmit to the Congress an interim architecture for 
     the ``next generation'' air transportation system that 
     establishes a list of priority capabilities to be achieved by 
     2017 and provides an estimated cost for each of those 
     priorities.


                 Research, Engineering, and Development

                    (airport and airway trust fund)

       For necessary expenses, not otherwise provided for, for 
     research, engineering, and development, as authorized under 
     part A of subtitle VII of title 49, United States Code, 
     including construction of experimental facilities and 
     acquisition of necessary sites by lease or grant, 
     $171,000,000, to be derived from the Airport and Airway Trust 
     Fund and to remain available until September 30, 2011: 
     Provided, That there may be credited to this appropriation as 
     offsetting collections, funds received from States, counties, 
     municipalities, other public authorities, and private 
     sources, which shall be available for expenses incurred for 
     research, engineering, and development.


                       Grants-in-Aid for Airports

                (liquidation of contract authorization)

                      (limitation on obligations)

                    (airport and airway trust fund)

       For liquidation of obligations incurred for grants-in-aid 
     for airport planning and development, and noise compatibility 
     planning and programs as authorized under subchapter I of 
     chapter 471 and subchapter I of chapter 475 of title 49, 
     United States Code, and under other law authorizing such 
     obligations; for procurement, installation, and commissioning 
     of runway incursion prevention devices and systems at 
     airports of such title; for grants authorized under section 
     41743 of title 49, United States Code; and for inspection 
     activities and administration of airport safety programs, 
     including those related to airport operating certificates 
     under section 44706 of title 49, United States Code, 
     $3,600,000,000 to be derived from the Airport and Airway 
     Trust Fund and to remain available until expended: Provided, 
     That none of the funds under this heading shall be available 
     for the planning or execution of programs the obligations for 
     which are in excess of $3,514,500,000 in fiscal year 2009, 
     notwithstanding section 47117(g) of title 49, United States 
     Code: Provided further, That none of the funds under this 
     heading shall be available for the replacement of baggage 
     conveyor systems, reconfiguration of terminal baggage areas, 
     or other airport improvements that are necessary to install 
     bulk explosive detection systems: Provided further, That 
     notwithstanding any other provision of law, of funds limited 
     under this heading, not more than $87,454,000 shall be 
     obligated for administration, not less than $15,000,000 shall 
     be available for the airport cooperative research program, 
     not less than $19,348,000 shall be for Airport Technology 
     Research, and $8,000,000, to remain available until expended, 
     shall be available and transferred to

[[Page 5720]]

     ``Office of the Secretary, Salaries and Expenses'' to carry 
     out the Small Community Air Service Development Program.


                              (rescission)

       Of the amounts authorized under sections 48103 and 48112 of 
     title 49, United States Code, $80,000,000 are permanently 
     rescinded from amounts authorized for the fiscal year ending 
     September 30, 2009.


       Administrative Provisions--Federal Aviation Administration

       Sec. 110. None of the funds in this Act may be used to 
     compensate in excess of 600 technical staff-years under the 
     federally funded research and development center contract 
     between the Federal Aviation Administration and the Center 
     for Advanced Aviation Systems Development during fiscal year 
     2009.
       Sec. 111. None of the funds in this Act shall be used to 
     pursue or adopt guidelines or regulations requiring airport 
     sponsors to provide to the Federal Aviation Administration 
     without cost building construction, maintenance, utilities 
     and expenses, or space in airport sponsor-owned buildings for 
     services relating to air traffic control, air navigation, or 
     weather reporting: Provided, That the prohibition of funds in 
     this section does not apply to negotiations between the 
     agency and airport sponsors to achieve agreement on ``below-
     market'' rates for these items or to grant assurances that 
     require airport sponsors to provide land without cost to the 
     FAA for air traffic control facilities.
       Sec. 112. The Administrator of the Federal Aviation 
     Administration may reimburse amounts made available to 
     satisfy 49 U.S.C. 41742(a)(1) from fees credited under 49 
     U.S.C. 45303: Provided, That during fiscal year 2009, 49 
     U.S.C. 41742(b) shall not apply, and any amount remaining in 
     such account at the close of that fiscal year may be made 
     available to satisfy section 41742(a)(1) for the subsequent 
     fiscal year.
       Sec. 113. Amounts collected under section 40113(e) of title 
     49, United States Code, shall be credited to the 
     appropriation current at the time of collection, to be merged 
     with and available for the same purposes of such 
     appropriation.
       Sec. 114.  None of the funds appropriated or limited by 
     this Act may be used to change weight restrictions or prior 
     permission rules at Teterboro airport in Teterboro, New 
     Jersey.
       Sec. 115. (a) No funds provided in this Act may be used by 
     the Secretary of Transportation to promulgate regulations or 
     take any action regarding the scheduling of airline 
     operations at any commercial airport in the United States if 
     such regulation or action involves:
       (1) the auctioning by the Secretary or the FAA 
     Administrator of rights or permission to conduct airline 
     operations at such an airport,
       (2) the implementation by said Secretary or Administrator 
     of peak-period or other forms of congestion pricing at such 
     an airport,
       (3) either:
       (A) withdrawal by the Secretary or Administrator of a right 
     or permission to conduct operations at such an airport 
     (except when the withdrawal is for operational reasons or 
     pursuant to the terms or conditions of such operating right 
     or permission), or
       (B) requiring a carrier to transfer involuntarily any such 
     right or permission to another person,
       (4) the charging by the Secretary or Administrator of a fee 
     for the right or permission to use navigable airspace at such 
     an airport, or
       (5) requiring or providing incentives or disincentives to 
     airport proprietors to take such actions themselves.
       (b) Nothing in this section shall be construed to:
       (1) prohibit the Secretary or the Administrator from 
     imposing per-operation limitations on airports for the 
     purpose of alleviating congestion at such airports,
       (2) prohibit individual airports from implementing peak-
     period or other congestion pricing at such airports, 
     consistent with regulations pertaining to airport rates and 
     charges, or
       (3) limit the ability of a State, political subdivision of 
     a State, or political authority of at least two States that 
     owns or operates a commercial airport from carrying out its 
     proprietary powers and rights.
       Sec. 116. None of the funds limited by this Act for grants 
     under the Airport Improvement Program shall be made available 
     to the sponsor of a commercial service airport if such 
     sponsor fails to agree to a request from the Secretary of 
     Transportation for cost-free space in a non-revenue 
     producing, public use area of the airport terminal or other 
     airport facilities for the purpose of carrying out a public 
     service air passenger rights and consumer outreach campaign.
       Sec. 117. Within 60 days of the publication date of any 
     Government Accountability Office report reviewing the Federal 
     Aviation Administration's project to redesign the airspace 
     over the New York, New Jersey, and Philadelphia region, the 
     Administrator of the Federal Aviation Administration shall 
     report in writing to the Committee on Appropriations and the 
     Committee on Commerce, Science, and Transportation, on 
     actions the agency intends to take in order to address any 
     concerns and recommendations identified in the Government 
     Accountability Office report.
       Sec. 118. The Secretary shall apportion to the sponsor of 
     an airport that received scheduled or unscheduled air service 
     from a large certified air carrier (as defined in part 241 of 
     title 14 Code of Federal Regulations, or such other 
     regulations as may be issued by the Secretary under the 
     authority of section 41709) an amount equal to the minimum 
     apportionment specified in 49 U.S.C. 47114(c), if the 
     Secretary determines that airport had more than 10,000 
     passenger boardings in the preceding calendar year, based on 
     data submitted to the Secretary under part 241 of title 14, 
     Code of Federal Regulations.

                     Federal Highway Administration


                 limitation on administrative expenses

                     (including transfer of funds)

       Not to exceed $390,000,000, together with advances and 
     reimbursements received by the Federal Highway 
     Administration, shall be paid in accordance with law from 
     appropriations made available by this Act to the Federal 
     Highway Administration for necessary expenses for 
     administration and operation. In addition, not to exceed 
     $3,524,000 shall be paid from appropriations made available 
     by this Act and transferred to the Department of 
     Transportation's Office of Inspector General for costs 
     associated with audits and investigations of projects and 
     programs of the Federal Highway Administration, and not to 
     exceed $300,000 shall be paid from appropriations made 
     available by this Act and provided to that office through 
     reimbursement to conduct the annual audits of financial 
     statements in accordance with section 3521 of title 31, 
     United States Code. In addition, not to exceed $3,124,000 
     shall be paid from appropriations made available by this Act 
     and transferred to the Appalachian Regional Commission in 
     accordance with section 104 of title 23, United States Code.


                          Federal-Aid Highways

                      (limitation on obligations)

                          (highway trust fund)

       None of the funds in this Act shall be available for the 
     implementation or execution of programs, the obligations for 
     which are in excess of $40,700,000,000 for Federal-aid 
     highways and highway safety construction programs for fiscal 
     year 2009: Provided, That within the $40,700,000,000 
     obligation limitation on Federal-aid highways and highway 
     safety construction programs, not more than $429,800,000 
     shall be available for the implementation or execution of 
     programs for transportation research (chapter 5 of title 23, 
     United States Code; sections 111, 5505, and 5506 of title 49, 
     United States Code; and title 5 of Public Law 109-59) for 
     fiscal year 2009: Provided further, That this limitation on 
     transportation research programs shall not apply to any 
     authority previously made available for obligation: Provided 
     further, That the Secretary may, as authorized by section 
     605(b) of title 23, United States Code, collect and spend 
     fees to cover the costs of services of expert firms, 
     including counsel, in the field of municipal and project 
     finance to assist in the underwriting and servicing of 
     Federal credit instruments and all or a portion of the costs 
     to the Federal Government of servicing such credit 
     instruments: Provided further, That such fees are available 
     until expended to pay for such costs: Provided further, That 
     such amounts are in addition to administrative expenses that 
     are also available for such purpose, and are not subject to 
     any obligation limitation or the limitation on administrative 
     expenses under section 608 of title 23, United States Code.


                (liquidation of contract authorization)

                          (highway trust fund)

       For carrying out the provisions of title 23, United States 
     Code, that are attributable to Federal-aid highways, not 
     otherwise provided, including reimbursement for sums expended 
     pursuant to the provisions of 23 U.S.C. 308, $41,439,000,000 
     or so much thereof as may be available in and derived from 
     the Highway Trust Fund (other than the Mass Transit Account), 
     to remain available until expended.


                              (rescission)

                          (highway trust fund)

       Of the unobligated balances of funds apportioned to each 
     State under chapter 1 of title 23, United States Code, 
     $3,150,000,000 are permanently rescinded: Provided, That such 
     rescission shall not apply to the funds distributed in 
     accordance with sections 130(f) and 104(b)(5) of title 23, 
     United States Code; sections 133(d)(1) and 163 of such title, 
     as in effect on the day before the date of enactment of 
     Public Law 109-59; and the first sentence of section 
     133(d)(3)(A) of such title: Provided further, That 
     notwithstanding section 1132 of Public Law 110-140, in 
     administering the rescission required under this heading, the 
     Secretary of Transportation shall allow each State to 
     determine the amount of the required rescission to be drawn 
     from the programs to which the rescission applies.


                 Appalachian Development Highway System

       For necessary expenses for West Virginia corridor H of the 
     Appalachian Development Highway System as authorized under 
     section 1069(y) of Public Law 102-240, as amended,

[[Page 5721]]

     $9,500,000, to remain available until expended.


                      Denali Access System Program

       For necessary expenses for the Denali Access System Program 
     as authorized under section 1960 of Public Law 109-59, 
     $5,700,000, to remain available until expended.


       Administrative Provisions--Federal Highway Administration

                        (including rescissions)

       Sec. 120. (a) For fiscal year 2009, the Secretary of 
     Transportation shall--
       (1) not distribute from the obligation limitation for 
     Federal-aid highways amounts authorized for administrative 
     expenses and programs by section 104(a) of title 23, United 
     States Code; programs funded from the administrative takedown 
     authorized by section 104(a)(1) of title 23, United States 
     Code (as in effect on the date before the date of enactment 
     of the Safe, Accountable, Flexible, Efficient Transportation 
     Equity Act: A Legacy for Users); the highway use tax evasion 
     program; and the Bureau of Transportation Statistics;
       (2) not distribute an amount from the obligation limitation 
     for Federal-aid highways that is equal to the unobligated 
     balance of amounts made available from the Highway Trust Fund 
     (other than the Mass Transit Account) for Federal-aid 
     highways and highway safety programs for previous fiscal 
     years the funds for which are allocated by the Secretary;
       (3) determine the ratio that--
       (A) the obligation limitation for Federal-aid highways, 
     less the aggregate of amounts not distributed under 
     paragraphs (1) and (2), bears to
       (B) the total of the sums authorized to be appropriated for 
     Federal-aid highways and highway safety construction programs 
     (other than sums authorized to be appropriated for provisions 
     of law described in paragraphs (1) through (9) of subsection 
     (b) and sums authorized to be appropriated for section 105 of 
     title 23, United States Code, equal to the amount referred to 
     in subsection (b)(10) for such fiscal year), less the 
     aggregate of the amounts not distributed under paragraphs (1) 
     and (2) of this subsection;
       (4)(A) distribute the obligation limitation for Federal-aid 
     highways, less the aggregate amounts not distributed under 
     paragraphs (1) and (2), for sections 1301, 1302, and 1934 of 
     the Safe, Accountable, Flexible, Efficient Transportation 
     Equity Act: A Legacy for Users; sections 117 (but 
     individually for each project numbered 1 through 3676 listed 
     in the table contained in section 1702 of the Safe, 
     Accountable, Flexible, Efficient Transportation Equity Act: A 
     Legacy for Users) and section 144(g) of title 23, United 
     States Code; and section 14501 of title 40, United States 
     Code, so that the amount of obligation authority available 
     for each of such sections is equal to the amount determined 
     by multiplying the ratio determined under paragraph (3) by 
     the sums authorized to be appropriated for that section for 
     the fiscal year; and
       (B) distribute $2,000,000,000 for section 105 of title 23, 
     United States Code;
       (5) distribute the obligation limitation provided for 
     Federal-aid highways, less the aggregate amounts not 
     distributed under paragraphs (1) and (2) and amounts 
     distributed under paragraph (4), for each of the programs 
     that are allocated by the Secretary under the Safe, 
     Accountable, Flexible, Efficient Transportation Equity Act: A 
     Legacy for Users and title 23, United States Code (other than 
     to programs to which paragraphs (1) and (4) apply), by 
     multiplying the ratio determined under paragraph (3) by the 
     amounts authorized to be appropriated for each such program 
     for such fiscal year; and
       (6) distribute the obligation limitation provided for 
     Federal-aid highways, less the aggregate amounts not 
     distributed under paragraphs (1) and (2) and amounts 
     distributed under paragraphs (4) and (5), for Federal-aid 
     highways and highway safety construction programs (other than 
     the amounts apportioned for the equity bonus program, but 
     only to the extent that the amounts apportioned for the 
     equity bonus program for the fiscal year are greater than 
     $2,639,000,000, and the Appalachian development highway 
     system program) that are apportioned by the Secretary under 
     the Safe, Accountable, Flexible, Efficient Transportation 
     Equity Act: A Legacy for Users and title 23, United States 
     Code, in the ratio that--
       (A) amounts authorized to be appropriated for such programs 
     that are apportioned to each State for such fiscal year, bear 
     to
       (B) the total of the amounts authorized to be appropriated 
     for such programs that are apportioned to all States for such 
     fiscal year.
       (b) Exceptions From Obligation Limitation.--The obligation 
     limitation for Federal-aid highways shall not apply to 
     obligations: (1) under section 125 of title 23, United States 
     Code; (2) under section 147 of the Surface Transportation 
     Assistance Act of 1978; (3) under section 9 of the Federal-
     Aid Highway Act of 1981; (4) under subsections (b) and (j) of 
     section 131 of the Surface Transportation Assistance Act of 
     1982; (5) under subsections (b) and (c) of section 149 of the 
     Surface Transportation and Uniform Relocation Assistance Act 
     of 1987; (6) under sections 1103 through 1108 of the 
     Intermodal Surface Transportation Efficiency Act of 1991; (7) 
     under section 157 of title 23, United States Code, as in 
     effect on the day before the date of the enactment of the 
     Transportation Equity Act for the 21st Century; (8) under 
     section 105 of title 23, United States Code, as in effect for 
     fiscal years 1998 through 2004, but only in an amount equal 
     to $639,000,000 for each of those fiscal years; (9) for 
     Federal-aid highway programs for which obligation authority 
     was made available under the Transportation Equity Act for 
     the 21st Century or subsequent public laws for multiple years 
     or to remain available until used, but only to the extent 
     that the obligation authority has not lapsed or been used; 
     (10) under section 105 of title 23, United States Code, but 
     only in an amount equal to $639,000,000 for each of fiscal 
     years 2005 through 2009; and (11) under section 1603 of the 
     Safe, Accountable, Flexible, Efficient Transportation Equity 
     Act: A Legacy for Users, to the extent that funds obligated 
     in accordance with that section were not subject to a 
     limitation on obligations at the time at which the funds were 
     initially made available for obligation.
       (c) Redistribution of Unused Obligation Authority.--
     Notwithstanding subsection (a), the Secretary shall, after 
     August 1 of such fiscal year, revise a distribution of the 
     obligation limitation made available under subsection (a) if 
     the amount distributed cannot be obligated during that fiscal 
     year and redistribute sufficient amounts to those States able 
     to obligate amounts in addition to those previously 
     distributed during that fiscal year, giving priority to those 
     States having large unobligated balances of funds apportioned 
     under sections 104 and 144 of title 23, United States Code.
       (d) Applicability of Obligation Limitations to 
     Transportation Research Programs.--The obligation limitation 
     shall apply to transportation research programs carried out 
     under chapter 5 of title 23, United States Code, and title V 
     (research title) of the Safe, Accountable, Flexible, 
     Efficient Transportation Equity Act: A Legacy for Users, 
     except that obligation authority made available for such 
     programs under such limitation shall remain available for a 
     period of 3 fiscal years and shall be in addition to the 
     amount of any limitation imposed on obligations for Federal-
     aid highway and highway safety construction programs for 
     future fiscal years.
       (e) Redistribution of Certain Authorized Funds.--
       (1) In general.--Not later than 30 days after the date of 
     the distribution of obligation limitation under subsection 
     (a), the Secretary shall distribute to the States any funds 
     that--
       (A) are authorized to be appropriated for such fiscal year 
     for Federal-aid highways programs; and
       (B) the Secretary determines will not be allocated to the 
     States, and will not be available for obligation, in such 
     fiscal year due to the imposition of any obligation 
     limitation for such fiscal year.
       (2) Ratio.--Funds shall be distributed under paragraph (1) 
     in the same ratio as the distribution of obligation authority 
     under subsection (a)(6).
       (3) Availability.--Funds distributed under paragraph (1) 
     shall be available for any purposes described in section 
     133(b) of title 23, United States Code.
       (f) Special Limitation Characteristics.--Obligation 
     limitation distributed for a fiscal year under subsection 
     (a)(4) for the provision specified in subsection (a)(4) 
     shall--
       (1) remain available until used for obligation of funds for 
     that provision; and
       (2) be in addition to the amount of any limitation imposed 
     on obligations for Federal-aid highway and highway safety 
     construction programs for future fiscal years.
       (g) High Priority Project Flexibility.--
       (1) In general.--Subject to paragraph (2), obligation 
     authority distributed for such fiscal year under subsection 
     (a)(4) for each project numbered 1 through 3676 listed in the 
     table contained in section 1702 of the Safe, Accountable, 
     Flexible, Efficient Transportation Equity Act: A Legacy for 
     Users may be obligated for any other project in such section 
     in the same State.
       (2) Restoration.--Obligation authority used as described in 
     paragraph (1) shall be restored to the original purpose on 
     the date on which obligation authority is distributed under 
     this section for the next fiscal year following obligation 
     under paragraph (1).
       (h) Limitation on Statutory Construction.--Nothing in this 
     section shall be construed to limit the distribution of 
     obligation authority under subsection (a)(4)(A) for each of 
     the individual projects numbered greater than 3676 listed in 
     the table contained in section 1702 of the Safe, Accountable, 
     Flexible, Efficient Transportation Equity Act: A Legacy for 
     Users.
       Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received by 
     the Bureau of Transportation Statistics from the sale of data 
     products, for necessary expenses incurred pursuant to 49 
     U.S.C. 111 may be credited to the Federal-aid highways 
     account for the purpose of reimbursing the Bureau for such 
     expenses: Provided, That such funds shall be subject to the 
     obligation limitation for Federal-aid highways and highway 
     safety construction.
       Sec. 122.  In addition to amounts provided in this or any 
     other Act for fiscal year 2009, $143,031,303, to be derived 
     from the Highway

[[Page 5722]]

     Trust Fund (other than the Mass Transit Account), shall be 
     available for the Transportation, Community, and System 
     Preservation Program under section 1117 of the Safe, 
     Accountable, Flexible, Efficient Transportation Equity Act: A 
     Legacy for Users (Pub. L. 109-59; 119 Stat. 1144, 1177-1179): 
     Provided, That all funds made available under this section 
     shall be subject to any limitation on obligations for 
     Federal-aid highways and highway safety construction programs 
     set forth in this Act or any other Act: Provided further, 
     That such funds shall be administered in accordance with 
     section 1117(g)(2) of the Safe, Accountable, Flexible, 
     Efficient Transportation Equity Act: A Legacy for Users.
       Sec. 123. Of the amounts made available under section 
     104(a) of title 23, United States Code, $33,401,492 are 
     permanently rescinded.
       Sec. 124. Of the unobligated balances of funds made 
     available in fiscal year 2005 and prior fiscal years for the 
     implementation or execution of programs for transportation 
     research, training and education, and technology deployment 
     including intelligent transportation systems, $11,756,527 are 
     permanently rescinded.
       Sec. 125. There is hereby appropriated to the Secretary of 
     Transportation $161,326,625 for surface transportation 
     priorities: Provided, That the amount provided by this 
     section shall be made available for the programs, projects 
     and activities identified under this section in the 
     explanatory statement accompanying this Act: Provided 
     further, That funds provided by this section, at the request 
     of a State, shall be transferred by the Secretary to another 
     Federal agency: Provided further, That the Federal share 
     payable on account of any program, project, or activity 
     carried out with funds set aside by this section shall be 100 
     percent: Provided further, That the sums set aside by this 
     section shall remain available until expended: Provided 
     further, That none of the funds set aside by this section 
     shall be subject to any limitation on obligations for 
     Federal-aid highways and highway safety construction programs 
     set forth in this Act or any other Act.
       Sec. 126. Not less than 15 days prior to waiving, under his 
     or her statutory authority, any Buy America requirement for 
     Federal-aid highway projects, the Secretary of Transportation 
     shall make an informal public notice and comment opportunity 
     on the intent to issue such waiver and the reasons therefor: 
     Provided, That the Secretary shall provide an annual report 
     to the Appropriations Committees of the Congress on any 
     waivers granted under the Buy America requirements.
       Sec. 127. Notwithstanding any other provision of law, funds 
     made available in Public Law 110-161 for ``Bridge over 
     Broadway, Missoula to Rattlesnake National Recreation Area, 
     MT'' shall be available for a new pedestrian and bicycle-
     friendly at-grade crossing of East Broadway Street in 
     Missoula, Montana.
       Sec. 128. (a) In General.--Except as provided in subsection 
     (b), none of the funds made available, limited, or otherwise 
     affected by this Act shall be used to approve or otherwise 
     authorize the imposition of any toll on any segment of 
     highway located on the Federal-aid system in the State of 
     Texas that--
       (1) as of the date of enactment of this Act, is not tolled;
       (2) is constructed with Federal assistance provided under 
     title 23, United States Code; and
       (3) is in actual operation as of the date of enactment of 
     this Act.
       (b) Exceptions.--
       (1) Number of toll lanes.--Subsection (a) shall not apply 
     to any segment of highway on the Federal-aid system described 
     in that subsection that, as of the date on which a toll is 
     imposed on the segment, will have the same number of non-toll 
     lanes as were in existence prior to that date.
       (2) High-occupancy vehicle lanes.--A high-occupancy vehicle 
     lane that is converted to a toll lane shall not be subject to 
     this section, and shall not be considered to be a non-toll 
     lane for purposes of determining whether a highway will have 
     fewer non-toll lanes than prior to the date of imposition of 
     the toll, if--
       (A) high-occupancy vehicles occupied by the number of 
     passengers specified by the entity operating the toll lane 
     may use the toll lane without paying a toll, unless otherwise 
     specified by the appropriate county, town, municipal or other 
     local government entity, or public toll road or transit 
     authority; or
       (B) each high-occupancy vehicle lane that was converted to 
     a toll lane was constructed as a temporary lane to be 
     replaced by a toll lane under a plan approved by the 
     appropriate county, town, municipal or other local government 
     entity, or public toll road or transit authority.
       Sec. 129. (a) In the explanatory statement referenced in 
     section 129 of division K of Public Law 110-161 (121 Stat. 
     2388), the item relating to ``Route 116 and Bay Road 
     Intersection and Road Improvements, Amherst, MA'' in the 
     table of projects for such section 129 is deemed to be 
     amended by inserting ``, including Bike, Pedestrian, or Other 
     Off Road Paths'' after ``Improvements''.
       (b) In the explanatory statement referenced in section 129 
     of division K of Public Law 110-161 (121 Stat. 2388), the 
     item relating to ``Highway 77 Rail Grade Separation, Marion, 
     AR'', in the table of projects for such section 129 is deemed 
     to be amended by striking ``Highway 77 Rail Grade Separation, 
     Marion, AR'' and inserting ``BNSF main line overpass within 
     the Marion, Arkansas, planning jurisdiction''.
       (c) In the explanatory statement referenced in section 186 
     of division K of Public Law 110-161 (121 Stat. 2406), in the 
     table of projects under the heading ``Federal Highway 
     Administration--Federal-Aid Highways (Limitation on 
     Obligations)--Federal Lands'' in division K of such 
     explanatory statement, the item relating to ``U.S. Forest 
     Highway 4, Winston County, Alabama'' is deemed to be amended 
     by striking ``Highway 4'' and inserting ``Highway 9''.
       (d) In the explanatory statement referenced in section 186 
     of division K of Public Law 110-161 (121 Stat. 2406), the 
     item relating to ``Street Improvements in Burnham, IL'' in 
     the table of projects under the heading ``Transportation, 
     Community and System Preservation Program'' is deemed to be 
     amended by striking ``Street Improvements in Burnham, IL'' 
     and inserting ``Repair of Side Streets and Relocation of 
     Water Mains resulting from rerouting of traffic and 
     reconstruction of 159th Street in Harvey, IL''.
       (e) In the explanatory statement referenced in section 186 
     of division K of Public Law 110-161 (121 Stat. 2406), the 
     item relating to ``Street Improvements in Thornton, IL'' in 
     the table of projects under the heading ``Transportation, 
     Community and System Preservation Program'' is deemed to be 
     amended by striking ``Street Improvements in Thornton, IL'' 
     and inserting ``Engineering, Right-of-Way, and Construction 
     of Joe Orr Road Extension and Main Street Project in Lynwood, 
     IL''.
       (f) Funds made available from the amount appropriated under 
     the heading ``Federal Highway Administration--Highway 
     Demonstration Projects'' of title I of the Department of 
     Transportation and Related Agencies Appropriations Act, 1992 
     (Public Law 102-143) for the Miller Highway from 59th Street 
     to 72nd Street, west side of Manhattan, New York, and from 
     the amount appropriated under the heading ``Federal Highway 
     Administration--Highway Projects'' of title I of the 
     Department of Transportation and Related Agencies 
     Appropriations Act, 1993 (Public Law 102-388) for design 
     improvements on Miller Highway, New York City, New York, 
     shall be made available for the project specified in item 
     4599 of section 1702 of SAFETEA-LU (Public Law 109-59), as 
     amended by the SAFETEA-LU Technical Corrections Act of 2008 
     (Public Law 110-244).
       Sec. 130. Notwithstanding any other provision of law, any 
     unexpended amounts available for obligation for item number 
     48 under section 1106(b) of Public Law 102-240 (105 Stat. 
     2046) for the Southern State Parkway Improvement project 
     shall be available for obligation and expenditure on the I-90 
     connector, Rensselaer County, New York, including 
     reimbursement for expenses incurred on such connector prior 
     to the date of enactment of this section.
       Sec. 131. (a) The table contained in section 1702 of the 
     Safe, Accountable, Flexible, Efficient Transportation Equity 
     Act: A Legacy for Users (119 Stat. 1256) is amended by 
     striking the project description for item number 189 and 
     inserting the following: ``Planning, design, engineering, 
     environmental analysis, acquisition of rights-of-way, and 
     construction for the Long Valley Bypass''.
       (b) The table contained in section 1702 of the Safe, 
     Accountable, Flexible, Efficient Transportation Equity Act: A 
     Legacy for Users (119 Stat. 1256) is amended by striking the 
     project description for item number 3546 and inserting the 
     following: ``Port of Coos Bay to acquire and repair the Coos 
     Bay Line''.

              Federal Motor Carrier Safety Administration


              motor carrier safety operations and programs

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

                         (including rescission)

       For payment of obligations incurred for administration of 
     motor carrier safety operations and programs pursuant to 
     section 31104(i) of title 49, United States Code, and 
     sections 4127 and 4134 of Public Law 109-59, $234,000,000, to 
     be derived from the Highway Trust Fund (other than the Mass 
     Transit Account), together with advances and reimbursements 
     received by the Federal Motor Carrier Safety Administration, 
     the sum of which shall remain available until expended: 
     Provided, That none of the funds derived from the Highway 
     Trust Fund in this Act shall be available for the 
     implementation, execution or administration of programs, the 
     obligations for which are in excess of $234,000,000, for 
     ``Motor Carrier Safety Operations and Programs'', of which 
     $8,500,000, to remain available for obligation until 
     September 30, 2011, is for the research and technology 
     program and $1,000,000 shall be available for commercial 
     motor vehicle operator's grants to carry out section 4134 of 
     Public Law 109-59: Provided further, That notwithstanding any 
     other provision of law, none of the funds under this heading 
     for outreach and education shall be available for transfer:

[[Page 5723]]

     Provided further, That the Federal Motor Carrier Safety 
     Administration shall transmit to Congress a report on March 
     30, 2009 and September 30, 2009 on the agency's ability to 
     meet its requirement to conduct compliance reviews on high-
     risk carriers: Provided further, That $4,839,259 in 
     unobligated balances are permanently rescinded.

                      motor carrier safety grants


                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

                         (including rescission)

       For payment of obligations incurred in carrying out 
     sections 31102, 31104(a), 31106, 31107, 31109, 31309, 31313 
     of title 49, United States Code, and sections 4126 and 4128 
     of Public Law 109-59, $307,000,000, to be derived from the 
     Highway Trust Fund (other than the Mass Transit Account) and 
     to remain available until expended: Provided, That none of 
     the funds in this Act shall be available for the 
     implementation or execution of programs, the obligations for 
     which are in excess of $307,000,000, for ``Motor Carrier 
     Safety Grants''; of which $209,000,000 shall be available for 
     the motor carrier safety assistance program to carry out 
     sections 31102 and 31104(a) of title 49, United States Code; 
     $25,000,000 shall be available for the commercial driver's 
     license improvements program to carry out section 31313 of 
     title 49, United States Code; $32,000,000 shall be available 
     for the border enforcement grants program to carry out 
     section 31107 of title 49, United States Code; $5,000,000 
     shall be available for the performance and registration 
     information system management program to carry out sections 
     31106(b) and 31109 of title 49, United States Code; 
     $25,000,000 shall be available for the commercial vehicle 
     information systems and networks deployment program to carry 
     out section 4126 of Public Law 109-59; $3,000,000 shall be 
     available for the safety data improvement program to carry 
     out section 4128 of Public Law 109-59; and $8,000,000 shall 
     be available for the commercial driver's license information 
     system modernization program to carry out section 31309(e) of 
     title 49, United States Code: Provided further, That of the 
     funds made available for the motor carrier safety assistance 
     program, $29,000,000 shall be available for audits of new 
     entrant motor carriers: Provided further, That $6,502,558 in 
     unobligated balances are permanently rescinded.


                          Motor Carrier Safety

                          (highway trust fund)

                              (rescission)

       Of the amounts made available under this heading in prior 
     appropriations Acts, $2,231,259 in unobligated balances are 
     permanently rescinded.


                 National Motor Carrier Safety Program

                          (highway trust fund)

                              (rescission)

       Of the amounts made available under this heading in prior 
     appropriations Acts, $19,571,910 in unobligated balances are 
     permanently rescinded.


 Administrative Provisions--Federal Motor Carrier Safety Administration

       Sec. 135. Funds appropriated or limited in this Act shall 
     be subject to the terms and conditions stipulated in section 
     350 of Public Law 107-87 and section 6901 of Public Law 110-
     28, including that the Secretary submit a report to the House 
     and Senate Appropriations Committees annually on the safety 
     and security of transportation into the United States by 
     Mexico-domiciled motor carriers.
       Sec. 136. None of the funds appropriated or otherwise made 
     available under this Act may be used, directly or indirectly, 
     to establish, implement, continue, promote, or in any way 
     permit a cross-border motor carrier demonstration program to 
     allow Mexican-domiciled motor carriers to operate beyond the 
     commercial zones along the international border between the 
     United States and Mexico, including continuing, in whole or 
     in part, any such program that was initiated prior to the 
     date of the enactment of this Act.

             National Highway Traffic Safety Administration


                        operations and research

       For expenses necessary to discharge the functions of the 
     Secretary, with respect to traffic and highway safety under 
     subtitle C of title X of Public Law 109-59 and chapter 301 
     and part C of subtitle VI of title 49, United States Code, 
     $127,000,000, of which $31,670,000 shall remain available 
     until September 30, 2010: Provided, That none of the funds 
     appropriated by this Act may be obligated or expended to 
     plan, finalize, or implement any rulemaking to add to section 
     575.104 of title 49 of the Code of Federal Regulations any 
     requirement pertaining to a grading standard that is 
     different from the three grading standards (treadwear, 
     traction, and temperature resistance) already in effect.


                        Operations and Research

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

       For payment of obligations incurred in carrying out the 
     provisions of 23 U.S.C. 403, $105,500,000 to be derived from 
     the Highway Trust Fund (other than the Mass Transit Account) 
     and to remain available until expended: Provided, That none 
     of the funds in this Act shall be available for the planning 
     or execution of programs the total obligations for which, in 
     fiscal year 2009, are in excess of $105,500,000 for programs 
     authorized under 23 U.S.C. 403: Provided further, That within 
     the $105,500,000 obligation limitation for operations and 
     research, $26,908,000 shall remain available until September 
     30, 2010 and shall be in addition to the amount of any 
     limitation imposed on obligations for future years.


                        National Driver Register

                (Liquidation of contract authorization)

                      (Limitation on obligations)

                          (Highway trust fund)

       For payment of obligations incurred in carrying out chapter 
     303 of title 49, United States Code, $4,000,000, to be 
     derived from the Highway Trust Fund (other than the Mass 
     Transit Account) and to remain available until expended: 
     Provided, That none of the funds in this Act shall be 
     available for the implementation or execution of programs the 
     total obligations for which, in fiscal year 2009, are in 
     excess of $4,000,000 for the National Driver Register 
     authorized under such chapter.


                     highway traffic safety grants

                (liquidation of contract authorization)

                      (llimitation on obligations)

                          (highway trust fund)

       For payment of obligations incurred in carrying out the 
     provisions of 23 U.S.C. 402, 405, 406, 408, and 410 and 
     sections 2001(a)(11), 2009, 2010, and 2011 of Public Law 109-
     59, to remain available until expended, $619,500,000 to be 
     derived from the Highway Trust Fund (other than the Mass 
     Transit Account): Provided, That none of the funds in this 
     Act shall be available for the planning or execution of 
     programs the total obligations for which, in fiscal year 
     2009, are in excess of $619,500,000 for programs authorized 
     under 23 U.S.C. 402, 405, 406, 408, and 410 and sections 
     2001(a)(11), 2009, 2010, and 2011 of Public Law 109-59, of 
     which $235,000,000 shall be for ``Highway Safety Programs'' 
     under 23 U.S.C. 402; $25,000,000 shall be for ``Occupant 
     Protection Incentive Grants'' under 23 U.S.C. 405; 
     $124,500,000 shall be for ``Safety Belt Performance Grants'' 
     under 23 U.S.C. 406, and such obligation limitation shall 
     remain available until September 30, 2010 in accordance with 
     subsection (f) of such section 406 and shall be in addition 
     to the amount of any limitation imposed on obligations for 
     such grants for future fiscal years; $34,500,000 shall be for 
     ``State Traffic Safety Information System Improvements'' 
     under 23 U.S.C. 408; $139,000,000 shall be for ``Alcohol-
     Impaired Driving Countermeasures Incentive Grant Program'' 
     under 23 U.S.C. 410; $18,500,000 shall be for 
     ``Administrative Expenses'' under section 2001(a)(11) of 
     Public Law 109-59; $29,000,000 shall be for ``High Visibility 
     Enforcement Program'' under section 2009 of Public Law 109-
     59; $7,000,000 shall be for ``Motorcyclist Safety'' under 
     section 2010 of Public Law 109-59; and $7,000,000 shall be 
     for ``Child Safety and Child Booster Seat Safety Incentive 
     Grants'' under section 2011 of Public Law 109-59: Provided 
     further, That none of these funds shall be used for 
     construction, rehabilitation, or remodeling costs, or for 
     office furnishings and fixtures for State, local or private 
     buildings or structures: Provided further, That not to exceed 
     $500,000 of the funds made available for section 410 
     ``Alcohol-Impaired Driving Countermeasures Grants'' shall be 
     available for technical assistance to the States: Provided 
     further, That not to exceed $750,000 of the funds made 
     available for the ``High Visibility Enforcement Program'' 
     shall be available for the evaluation required under section 
     2009(f) of Public Law 109-59.


      administrative provisions--national highway traffic safety 
                             administration

                        (including rescissions)

       Sec. 140.  Notwithstanding any other provision of law or 
     limitation on the use of funds made available under section 
     403 of title 23, United States Code, an additional $130,000 
     shall be made available to the National Highway Traffic 
     Safety Administration, out of the amount limited for section 
     402 of title 23, United States Code, to pay for travel and 
     related expenses for State management reviews and to pay for 
     core competency development training and related expenses for 
     highway safety staff.
       Sec. 141. Of the amounts made available under the heading 
     ``Operations and Research (Liquidation of Contract 
     Authorization) (Limitation on Obligations) (Highway Trust 
     Fund)'' in prior appropriations Acts, $10,900,000 in 
     unobligated balances are permanently rescinded.
       Sec. 142. Of the amounts made available under the heading 
     ``National Driver Register (Liquidation of Contract 
     Authorization) (Limitation on Obligations) (Highway Trust 
     Fund)'' in prior appropriations Acts, $544,000 in unobligated 
     balances are permanently rescinded.
       Sec. 143. Of the amounts made available under the heading 
     ``Highway Traffic Safety Grants (Liquidation of Contract 
     Authorization) (Limitation on Obligations) (Highway Trust 
     Fund)'' in prior appropriations Acts, $60,200,000 in 
     unobligated balances are permanently rescinded.

[[Page 5724]]



                    Federal Railroad Administration


                         Safety and Operations

       For necessary expenses of the Federal Railroad 
     Administration, not otherwise provided for, $159,445,000, of 
     which $12,268,890 shall remain available until expended.


                   railroad research and development

       For necessary expenses for railroad research and 
     development, $33,950,000, to remain available until expended.


                capital assistance to states--intercity

                         passenger rail service

       To enable the Federal Railroad Administrator to make grants 
     to States for the capital costs of improving existing 
     intercity passenger rail service and providing new intercity 
     passenger rail service, $90,000,000, to remain available 
     until expended: Provided, That grants shall be provided to a 
     State only on a reimbursable basis: Provided further, That 
     grants cover no more than 50 percent of the total capital 
     cost of a project selected for funding: Provided further, 
     That no more than 10 percent of funds made available under 
     this program may be used for planning activities that lead 
     directly to the development of a passenger rail corridor 
     investment plan consistent with the requirements established 
     by the Administrator: Provided further, That no later than 
     eight months following enactment of this Act, the Secretary 
     shall establish and publish criteria for project selection, 
     set a deadline for grant applications, and provide a schedule 
     for project selection: Provided further, That to be eligible 
     for this assistance, States must include intercity passenger 
     rail service as an integral part of statewide transportation 
     planning as required under section 135 of title 23, United 
     States Code: Provided further, That to be eligible for 
     capital assistance the specific project must be on the 
     Statewide Transportation Improvement Plan at the time of the 
     application to qualify: Provided further, That the Secretary 
     give priority to capital and planning applications for 
     projects that improve the safety and reliability of intercity 
     passenger trains, involve a commitment by freight railroads 
     to an enforceable on-time performance of passenger trains of 
     80 percent or greater, involve a commitment by freight 
     railroads of financial resources commensurate with the 
     benefit expected to their operations, improve or extend 
     service on a route that requires little or no Federal 
     assistance for its operations, and involve a commitment by 
     States or railroads of financial resources to improve the 
     safety of highway/rail grade crossings over which the 
     passenger service operates: Provided further, That the 
     Administrator is directed to report to the Committees on 
     Appropriations not later than 180 days upon enactment of this 
     Act detailing the recipients and outcomes of grants issued 
     pursuant to Public Law 110-116, under this heading, the 
     Capital Assistance to States Program, any and all usage and 
     performance fees paid to a freight railroad for access to the 
     right of way: Provided further, That the Administrator may 
     retain up to one-quarter of 1 percent of the funds provided 
     under this heading to fund the award and oversight by the 
     Administrator of grants made under this heading.


       Railroad Rehabilitation and Improvement Financing Program

       The Secretary of Transportation is authorized to issue to 
     the Secretary of the Treasury notes or other obligations 
     pursuant to section 512 of the Railroad Revitalization and 
     Regulatory Reform Act of 1976 (Public Law 94-210), as 
     amended, in such amounts and at such times as may be 
     necessary to pay any amounts required pursuant to the 
     guarantee of the principal amount of obligations under 
     sections 511 through 513 of such Act, such authority to exist 
     as long as any such guaranteed obligation is outstanding: 
     Provided, That pursuant to section 502 of such Act, as 
     amended, no new direct loans or loan guarantee commitments 
     shall be made using Federal funds for the credit risk premium 
     during fiscal year 2009.


              Rail Line Relocation and Improvement Program

       For necessary expenses of carrying out section 20154 of 
     title 49, United States Code, as authorized by section 9002 
     of Public Law 109-59, $25,000,000, to remain available until 
     expended.


    Operating Grants to the National Railroad Passenger Corporation

       To enable the Secretary of Transportation to make quarterly 
     grants to the National Railroad Passenger Corporation for 
     operation of intercity passenger rail, $550,000,000, to 
     remain available until expended: Provided, That the Secretary 
     shall withhold such sums as shall be necessary for the costs 
     associated with the second retroactive wage payment to Amtrak 
     employees and shall transmit such funding to the corporation 
     for the sole and exclusive purpose of making such payments 
     only at such time as said payments are due: Provided further, 
     That such remaining amounts available under this paragraph 
     shall be available for the Secretary to approve funding to 
     cover operating losses for the Corporation only after 
     receiving and reviewing a grant request for each specific 
     train route: Provided further, That each such grant request 
     shall be accompanied by a detailed financial analysis, 
     revenue projection, and capital expenditure projection 
     justifying the Federal support to the Secretary's 
     satisfaction: Provided further, That the Corporation is 
     directed to achieve savings through operating efficiencies 
     including, but not limited to, modifications to food and 
     beverage service and first class service: Provided further, 
     That the Inspector General of the Department of 
     Transportation shall report to the House and Senate 
     Committees on Appropriations beginning 3 months after the 
     date of the enactment of this Act and quarterly thereafter 
     with estimates of the savings accrued as a result of all 
     operational reforms instituted by the Corporation: Provided 
     further, That not later than 120 days after enactment of this 
     Act, the Corporation shall transmit to the House and Senate 
     Committees on Appropriations the status of its plan to 
     improve the financial performance of food and beverage 
     service and its plan to improve the financial performance of 
     first class service (including sleeping car service): 
     Provided further, That the Corporation shall report quarterly 
     to the House and Senate Committees on Appropriations on its 
     progress against the milestones and target dates contained in 
     the plan provided in fiscal year 2008 and quantify savings 
     realized to date on a monthly basis compared to those 
     projected in the plan, identify any changes in the plan or 
     delays in implementing these plans, and identify the causes 
     of delay and proposed corrective measures: Provided further, 
     That not later than 90 days after enactment of this Act, the 
     Corporation shall transmit, in electronic format, to the 
     Secretary, the House and Senate Committees on Appropriations, 
     the House Committee on Transportation and Infrastructure and 
     the Senate Committee on Commerce, Science, and Transportation 
     a comprehensive business plan approved by the Board of 
     Directors for fiscal year 2009 under section 24104(a) of 
     title 49, United States Code: Provided further, That the 
     business plan shall include, as applicable, targets for 
     ridership, revenues, and capital and operating expenses: 
     Provided further, That the plan shall also include a separate 
     accounting of such targets for the Northeast Corridor; 
     commuter service; long-distance Amtrak service; State-
     supported service; each intercity train route, including 
     Autotrain; and commercial activities including contract 
     operations: Provided further, That the business plan shall 
     include a description of the work to be funded, along with 
     cost estimates and an estimated timetable for completion of 
     the projects covered by this business plan: Provided further, 
     That the Corporation shall continue to provide monthly 
     reports in electronic format regarding the pending business 
     plan, which shall describe the work completed to date, any 
     changes to the business plan, and the reasons for such 
     changes, and shall identify all sole source contract awards 
     which shall be accompanied by a justification as to why said 
     contract was awarded on a sole source basis: Provided 
     further, That the Corporation's business plan and all 
     subsequent supplemental plans shall be displayed on the 
     Corporation's website within a reasonable timeframe following 
     their submission to the appropriate entities: Provided 
     further, That none of the funds under this heading may be 
     obligated or expended until the Corporation agrees to 
     continue abiding by the provisions of paragraphs 1, 2, 5, 9, 
     and 11 of the summary of conditions for the direct loan 
     agreement of June 28, 2002, in the same manner as in effect 
     on the date of enactment of this Act: Provided further, That 
     none of the funds provided in this Act may be used after 
     March 1, 2006, to support any route on which Amtrak offers a 
     discounted fare of more than 50 percent off the normal, peak 
     fare: Provided further, That the preceding proviso does not 
     apply to routes where the operating loss as a result of the 
     discount is covered by a State and the State participates in 
     the setting of fares: Provided further, That of the amounts 
     made available under this heading not less than $18,500,000 
     shall be available for the Amtrak Office of Inspector 
     General.


  Capital and Debt Service Grants to the National Railroad Passenger 
                              Corporation

       To enable the Secretary of Transportation to make quarterly 
     grants to the National Railroad Passenger Corporation for the 
     maintenance and repair of capital infrastructure owned by the 
     Corporation, including railroad equipment, rolling stock, 
     legal mandates and other services, $940,000,000, to remain 
     available until expended, of which not to exceed $285,000,000 
     shall be for debt service obligations: Provided, That the 
     Secretary may retain up to one-quarter of 1 percent of the 
     funds under this heading to fund the oversight by the Federal 
     Railroad Administration of the design and implementation of 
     capital projects funded by grants made under this heading: 
     Provided further, That the Secretary shall approve funding 
     for capital expenditures, including advance purchase orders 
     of materials, for the Corporation only after receiving and 
     reviewing a grant request for each specific capital grant 
     justifying the Federal support to the Secretary's 
     satisfaction: Provided further, That none of the funds under 
     this heading may be used to subsidize operating losses of the 
     Corporation: Provided further, That none of the funds under 
     this heading may be used for capital projects not approved by 
     the Secretary of Transportation

[[Page 5725]]

     or on the Corporation's fiscal year 2009 business plan: 
     Provided further, That, the business plan shall be 
     accompanied by a comprehensive fleet plan for all Amtrak 
     rolling stock which shall address the Corporation's detailed 
     plans and timeframes for the maintenance, refurbishment, 
     replacement and expansion of the Amtrak fleet: Provided 
     further, That said fleet plan shall establish year-specific 
     goals and milestones and discuss potential, current, and 
     preferred financing options for all such activities.


    EFFICIENCY INCENTIVE GRANTS TO THE NATIONAL RAILROAD PASSENGER 
                              CORPORATION

                              (RESCISSION)

       Of the amounts made available under this heading in Public 
     Laws 109-115 and 110-5, all unobligated balances as of the 
     date of enactment of this provision are hereby rescinded.


       Administrative Provisions--Federal Railroad Administration

       Sec. 151. The Secretary may purchase promotional items of 
     nominal value for use in public outreach activities to 
     accomplish the purposes of 49 U.S.C. 20134: Provided, That 
     the Secretary shall prescribe guidelines for the 
     administration of such purchases and use.
       Sec. 152. Hereafter, notwithstanding any other provision of 
     law, funds provided in this Act for the National Railroad 
     Passenger Corporation shall immediately cease to be available 
     to said Corporation in the event that the Corporation 
     contracts to have services provided at or from any location 
     outside the United States. For purposes of this section, the 
     word ``services'' shall mean any service that was, as of July 
     1, 2006, performed by a full-time or part-time Amtrak 
     employee whose base of employment is located within the 
     United States.
       Sec. 153. The Secretary of Transportation may receive and 
     expend cash, or receive and utilize spare parts and similar 
     items, from non-United States Government sources to repair 
     damages to or replace United States Government owned 
     automated track inspection cars and equipment as a result of 
     third party liability for such damages, and any amounts 
     collected under this section shall be credited directly to 
     the Safety and Operations account of the Federal Railroad 
     Administration, and shall remain available until expended for 
     the repair, operation and maintenance of automated track 
     inspection cars and equipment in connection with the 
     automated track inspection program.
       Sec. 154. The Federal Railroad Administrator shall submit a 
     quarterly report on April 1, 2009, and quarterly reports 
     thereafter, to the House and Senate Committees on 
     Appropriations detailing the Administrator's efforts at 
     improving the on-time performance of Amtrak intercity rail 
     service operating on non-Amtrak owned property. Such reports 
     shall compare the most recent actual on-time performance data 
     to pre-established on-time performance goals that the 
     Administrator shall set for each rail service, identified by 
     route. Such reports shall also include whatever other 
     information and data regarding the on-time performance of 
     Amtrak trains the Administrator deems to be appropriate. The 
     amounts made available in this title under the heading 
     ``Office of the Secretary, Salaries and Expenses'' shall be 
     reduced $100,000 for each day after the first day of each 
     quarter that the quarterly reports required by this section 
     are not submitted to the Congress.

                     Federal Transit Administration


                        Administrative Expenses

                     (including transfer of funds)

       For necessary administrative expenses of the Federal 
     Transit Administration's programs authorized by chapter 53 of 
     title 49, United States Code, $94,413,000: Provided, That of 
     the funds available under this heading, not to exceed 
     $1,800,000 shall be available for travel and not to exceed 
     $23,322,000 shall be available for the central account: 
     Provided further, That any funding transferred from the 
     central account shall be submitted for approval to the House 
     and Senate Committees on Appropriations: Provided further, 
     That none of the funds provided or limited in this Act may be 
     used to create a permanent office of transit security under 
     this heading: Provided further, That of the funds in this Act 
     available for the execution of contracts under section 
     5327(c) of title 49, United States Code, $2,000,000 shall be 
     transferred to the Department of Transportation's Office of 
     Inspector General for costs associated with audits and 
     investigations of transit-related issues, including reviews 
     of new fixed guideway systems: Provided further, That upon 
     submission to the Congress of the fiscal year 2010 
     President's budget, the Secretary of Transportation shall 
     transmit to Congress the annual report on new starts, 
     including proposed allocations of funds for fiscal year 2010.


                         Formula and Bus Grants

                  (liquidation of contract authority)

                      (limitation on obligations)

                          (highway trust fund)

       For payment of obligations incurred in carrying out the 
     provisions of 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 
     5316, 5317, 5320, 5335, 5339, and 5340 and section 3038 of 
     Public Law 105-178, as amended, $8,670,000,000 to be derived 
     from the Mass Transit Account of the Highway Trust Fund and 
     to remain available until expended: Provided, That funds 
     available for the implementation or execution of programs 
     authorized under 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 
     5311, 5316, 5317, 5320, 5335, 5339, and 5340 and section 3038 
     of Public Law 105-178, as amended, shall not exceed total 
     obligations of $8,260,565,000 in fiscal year 2009.


                Research and University Research Centers

       For necessary expenses to carry out 49 U.S.C. 5306, 5312-
     5315, 5322, and 5506, $67,000,000, to remain available until 
     expended: Provided, That $10,000,000 is available to carry 
     out the transit cooperative research program under section 
     5313 of title 49, United States Code, $4,300,000 is available 
     for the National Transit Institute under section 5315 of 
     title 49, United States Code, and $7,000,000 is available for 
     university transportation centers program under section 5506 
     of title 49, United States Code: Provided further, That 
     $45,700,000 is available to carry out national research 
     programs under sections 5312, 5313, 5314, and 5322 of title 
     49, United States Code.


                       Capital Investment Grants

       For necessary expenses to carry out section 5309 of title 
     49, United States Code, $1,809,250,000, to remain available 
     until expended, of which no less than $200,000,000 is for 
     section 5309(e) of such title: Provided, That of the funds 
     available under this heading, amounts are to be made 
     available as follows:
       AC Transit BRT Corridor, California, $4,000,000.
       Bellevue-Redmond BRT, King County, Washington, $10,952,330.
       BRT, Potomac Yard-Crystal City, City of Alexandria and 
     Arlington County, Virginia, $1,000,000.
       BRT, State Avenue Corridor, Wyandotte County, Kansas, 
     $1,500,000.
       Central Corridor Light Rail Transit Project, Minnesota, 
     $20,000,000.
       Central Florida Commuter Rail, Florida, $13,000,000.
       Central Link Initial Segment, Seattle, Washington, 
     $25,962,062.
       Central Phoenix/East Valley Light Rail, Arizona, 
     $91,800,000.
       Charlotte Rapid Transit Extension, North Carolina, 
     $20,500,000.
       Commuter Rail Improvements, Fitchburg, Massachusetts, 
     $30,000,000.
       Commuter Rail Study--Phoenix to Tucson, Arizona, 
     $3,500,000.
       CTA Brown Line (Ravenswood), Illinois, $30,474,404.
       CTA Circle Line, Illinois, $6,000,000.
       Dallas Area Rapid Transit Northwest/Southeast Light Rail 
     MOS, Texas, $87,974,716.
       Downtown Orlando East-West Circulator System, Florida, 
     $8,000,000.
       Dulles Corridor Metrorail, Virginia, $29,100,000.
       Honolulu High Capacity Transit Corridor Project, Hawaii, 
     $20,000,000.
       Houston Metropolitan Transit Authority Advanced Transit 
     Program/METRO Solutions Phase 2, Texas, $15,000,000.
       Hudson-Bergen MOS-2, Northern, New Jersey, $1,103,860.
       I-69 HOV/BRT, Mississippi, $7,650,000.
       Improvements to the Rosslyn Metro Station, Virginia, 
     $2,000,000.
       JTA BRT System, Jacksonville, Florida, $1,280,000.
       Largo Metrorail Extension, District of Columbia/Maryland, 
     $34,700,000.
       Livermore-Amador BRT, Livermore, California, $7,990,000.
       Long Island Rail Road East Side Access, New York, 
     $209,623,898.
       Mason Corridor BRT, Fort Collins, Colorado, $11,182,000.
       MARC Capacity Improvements, Maryland, $13,000,000.
       Metra, Illinois, $24,000,000.
       Metro Gold Line Eastside Extension, Los Angeles, 
     California, $81,600,000.
       Metrorail Orange Line Extension Project, Florida, 
     $20,000,000.
       Metro Rapid Bus System Gap Closure, Los Angeles, 
     California, $332,620.
       Mid-City Rapid, San Diego, California, $19,485,000.
       Mid Jordan Light Rail Extension, Utah, $20,000,000.
       Mountain Links BRT, Flagstaff, Arizona, $5,614,200.
       Norfolk LRT, Virginia, $53,592,108.
       North Shore LRT Connector, Pennsylvania, $670,885.
       Northern Indiana Commuter Transit District, Indiana, 
     $5,000,000.
       Northstar Corridor Rail, Minnesota, $71,166,060.
       Pacific Highway South BRT, King County, Washington, 
     $281,520.
       Perris Valley Line, Riverside, California, $45,000,000.
       Pioneer Parkway EmX BRT, Springfield, Oregon, $296,000.
       San Francisco Muni Third Street Light Rail--Central Subway 
     Project, California, $10,000,000.
       Second Avenue Subway Phase 1, New York, $277,697,000.
       South Corridor BRT, Kent County, Michigan, $600,000.
       South Corridor I-205/Portland Mall LRT, Oregon, 
     $81,600,000.
       South County Commuter Rail, Wickford Junction Station, 
     Rhode Island, $1,345,500.
       South Sacramento Light Rail Extension, California, 
     $7,000,000.
       Southeast Corridor, LRT, Colorado, $1,031,210.

[[Page 5726]]

       Stamford Urban Transitway, Connecticut, $3,650,000.
       Streetcar Loop, Portland, Oregon, $45,000,000.
       Trans-Hudson Midtown Corridor, New Jersey, $48,000,000.
       Troost Corridor BRT, Kansas City, Missouri, $125,200.
       Tucson Modern Streetcar/Light Rail Transit System, Tucson, 
     Arizona, $2,000,000.
       University Link LRT Extension, Washington, $100,000,000.
       Van Ness BRT Project, San Francisco, California, $400,000.
       VRE Rolling Stock, Virginia, $5,000,000.
       Weber County to Salt Lake City Commuter Rail, Utah, 
     $81,600,000.
       West Corridor LRT, Colorado, $60,000,000.
       Wilshire Boulevard Bus-Only Lane, Los Angeles, California, 
     $9,857,097.


       Administrative Provisions--Federal Transit Administration

                        (including rescissions)

       Sec. 160. The limitations on obligations for the programs 
     of the Federal Transit Administration shall not apply to any 
     authority under 49 U.S.C. 5338, previously made available for 
     obligation, or to any other authority previously made 
     available for obligation.
       Sec. 161. Notwithstanding any other provision of law, funds 
     appropriated or limited by this Act under the Federal Transit 
     Administration, Capital Investment Grants account and for bus 
     and bus facilities under the Federal Transit Administration, 
     Formula and Bus Grants account for projects specified in this 
     Act or identified in reports accompanying this Act not 
     obligated by September 30, 2011, and other recoveries, shall 
     be directed to projects eligible to use the funds for the 
     purposes for which they were originally provided.
       Sec. 162. Notwithstanding any other provision of law, any 
     funds appropriated before October 1, 2008, under any section 
     of chapter 53 of title 49, United States Code, that remain 
     available for expenditure, may be transferred to and 
     administered under the most recent appropriation heading for 
     any such section.
       Sec. 163. Notwithstanding any other provision of law, 
     unobligated funds made available for new fixed guideway 
     system projects under the heading ``Federal Transit 
     Administration, Capital investment grants'' in any 
     appropriations Act prior to this Act may be used during this 
     fiscal year to satisfy expenses incurred for such projects.
       Sec. 164.  During fiscal year 2009, each Federal Transit 
     Administration grant for a project that involves the 
     acquisition or rehabilitation of a bus to be used in public 
     transportation shall be funded for 90 percent of the net 
     capital costs of a biodiesel bus or a factory-installed or 
     retrofitted hybrid electric propulsion system and any 
     equipment related to such a system: Provided, That the 
     Secretary shall have the discretion to determine, through 
     practicable administrative procedures, the costs attributable 
     to the system and related-equipment.
       Sec. 165. Notwithstanding any other provision of law, in 
     regard to the Central Link Initial Segment Project, to the 
     extent that Federal funds remain available within the current 
     budget for the project, the Secretary shall, immediately upon 
     the date of enactment of this Act, amend the Full Funding 
     Grant Agreement for said project to allow remaining Federal 
     funds to be used to support completion of the Airport Link 
     extension of said project.
       Sec. 166.  Any unexpended funds in Federal Transit 
     Administration grant numbers KS-03-0018 and KS-03-0032 shall 
     be made available, at the request of the State, for a bus 
     rapid transit project and related capital purchases and 
     facility improvements, in Johnson County, Kansas City, KS 
     under the terms and conditions required to carry out section 
     5309(b)(3) of title 49, United States Code to the extent 
     applicable.
       Sec. 167. Of the balances available for this fiscal year to 
     carry out 49 U.S.C. 5309(b) left to the discretion of the 
     Secretary of Transportation, $100,000,000 are permanently 
     rescinded.
       Sec. 168. None of the funds provided or limited under this 
     Act may be used to issue a final regulation under section 
     5309 of title 49, United States Code, except that the Federal 
     Transit Administration may continue to review comments 
     received on the proposed rule (Docket No. FTA-2006-25737).
       Sec. 169. Funds made available for Alaska or Hawaii ferry 
     boats or ferry terminal facilities pursuant to 49 U.S.C. 
     5309(m)(2)(B) may be used to construct new vessels and 
     facilities, or to improve existing vessels and facilities, 
     including both the passenger and vehicle-related elements of 
     such vessels and facilities, and for repair facilities: 
     Provided, That not more than $4,000,000 of the funds made 
     available pursuant to 49 U.S.C. 5309(m)(2)(B) may be used by 
     the City and County of Honolulu to operate a passenger ferry 
     boat service demonstration project to test the viability of 
     different intra-island ferry boat routes and technologies.
       Sec. 170. Notwithstanding any other provision of law, 
     unobligated funds or recoveries under section 5309 of title 
     49, United States Code, that are available to the Secretary 
     of Transportation for reallocation shall be directed to 
     projects eligible to use the funds for the purposes for which 
     they were originally provided.
       Sec. 171. Notwithstanding any other provision of law, the 
     $2,695,000 appropriated for the Charlotte Rapid Transit 
     Extension--Northeast Corridor Light Rail Project, North 
     Carolina under the Alternatives Analysis Account in division 
     K of the Consolidated Appropriations Act, 2008 (Public Law 
     110-161) shall be used for the Charlotte Rapid Transit 
     Extension--Northeast Corridor to carry out new fixed guideway 
     or extension to existing fixed guideway activities described 
     in section 5309 of title 49, United States Code.

             Saint Lawrence Seaway Development Corporation

       The Saint Lawrence Seaway Development Corporation is hereby 
     authorized to make such expenditures, within the limits of 
     funds and borrowing authority available to the Corporation, 
     and in accord with law, and to make such contracts and 
     commitments without regard to fiscal year limitations as 
     provided by section 104 of the Government Corporation Control 
     Act, as amended, as may be necessary in carrying out the 
     programs set forth in the Corporation's budget for the 
     current fiscal year.


                       operations and maintenance

                    (harbor maintenance trust fund)

       For necessary expenses for operations, maintenance, and 
     capital asset renewal of those portions of the Saint Lawrence 
     Seaway owned, operated, and maintained by the Saint Lawrence 
     Seaway Development Corporation, $31,842,000, to be derived 
     from the Harbor Maintenance Trust Fund, pursuant to Public 
     Law 99-662.

                        Maritime Administration


                       Maritime Security Program

       For necessary expenses to maintain and preserve a U.S.-flag 
     merchant fleet to serve the national security needs of the 
     United States, $174,000,000, to remain available until 
     expended.


                        Operations and Training

       For necessary expenses of operations and training 
     activities authorized by law, $123,360,000, of which 
     $10,500,000 shall remain available until expended for 
     maintenance and repair of Schoolships at State Maritime 
     Schools, of which $8,150,000 shall remain available until 
     expended for capital improvements at the United States 
     Merchant Marine Academy, and of which $53,208,000 shall be 
     available for operations at the United States Merchant Marine 
     Academy: Provided, That amounts apportioned for the United 
     States Merchant Marine Academy shall be available only upon 
     allotments made personally by the Secretary of Transportation 
     and not a designee: Provided further, That the 
     Superintendent, Deputy Superintendent and the Director of the 
     Office of Resource Management of the United States Merchant 
     Marine Academy may not be allotment holders for the United 
     States Merchant Marine Academy, and the Administrator of 
     Maritime Administration shall hold all allotments made by the 
     Secretary of Transportation under the previous proviso: 
     Provided further, That 50 percent of the funding made 
     available for the United States Merchant Marine Academy under 
     this heading shall be available only after the Secretary, in 
     consultation with the Maritime Administration, completes a 
     plan detailing by program or activity and by object class how 
     such funding will be expended at the Academy, and this plan 
     is submitted to the House and Senate Committees on 
     Appropriations.


                             Ship Disposal

       For necessary expenses related to the disposal of obsolete 
     vessels in the National Defense Reserve Fleet of the Maritime 
     Administration, $15,000,000, to remain available until 
     expended.


                     Assistance to Small Shipyards

       To make grants to qualified shipyards as authorized under 
     section 3506 of Public Law 109-163 or section 54101 of title 
     46, United States Code, $17,500,000, to remain available 
     until expended: Provided, That to be considered for 
     assistance, a qualified shipyard shall submit an application 
     for assistance no later than 60 days after enactment of this 
     Act: Provided further, That from applications submitted under 
     the previous proviso, the Secretary of Transportation shall 
     make grants no later than 120 days after enactment of this 
     Act in such amounts as the Secretary determines: Provided 
     further, That not to exceed 2 percent of the funds 
     appropriated under this heading shall be available for 
     necessary costs of grant administration.

          maritime guaranteed loan (title xi) program account

                     (including transfer of funds)

       For administrative expenses to carry out the guaranteed 
     loan program, not to exceed $3,531,000, which shall be 
     transferred to and merged with the appropriation for 
     ``Operations and Training'', Maritime Administration.


                           Ship Construction

                              (rescission)

       Of the unobligated balances available under this heading, 
     $1,382,554 are rescinded.


           Administrative Provisions--Maritime Administration

       Sec. 175. Notwithstanding any other provision of this Act, 
     the Maritime Administration is authorized to furnish 
     utilities and

[[Page 5727]]

     services and make necessary repairs in connection with any 
     lease, contract, or occupancy involving Government property 
     under control of the Maritime Administration, and payments 
     received therefor shall be credited to the appropriation 
     charged with the cost thereof: Provided, That rental payments 
     under any such lease, contract, or occupancy for items other 
     than such utilities, services, or repairs shall be covered 
     into the Treasury as miscellaneous receipts.
       Sec. 176. No obligations shall be incurred during the 
     current fiscal year from the construction fund established by 
     the Merchant Marine Act, 1936 (46 U.S.C. 53101 note (cds)), 
     or otherwise, in excess of the appropriations and limitations 
     contained in this Act or in any prior appropriations Act.
       Sec. 177. Section 51509 of title 46, United States Code, is 
     amended in subsection (b) by deleting ``$4,000'' and 
     inserting in lieu thereof ``$8,000'' and by inserting 
     ``tuition,'' after ``uniforms,''.

         Pipeline and Hazardous Materials Safety Administration


                        Administrative Expenses

                         (pipeline safety fund)

       For necessary operational expenses of the Pipeline and 
     Hazardous Materials Safety Administration, $19,130,000, of 
     which $639,000 shall be derived from the Pipeline Safety 
     Fund: Provided, That $1,000,000 shall be transferred to 
     ``Pipeline Safety'' in order to fund ``Pipeline safety 
     information grants to communities'' as authorized in section 
     60130 of title 49, United States Code: Provided further, That 
     grants described under the previous proviso shall be awarded 
     within 120 days of enactment of this Act.


                       hazardous materials safety

       For expenses necessary to discharge the hazardous materials 
     safety functions of the Pipeline and Hazardous Materials 
     Safety Administration, $32,000,000, of which $3,302,000 shall 
     remain available until September 30, 2011: Provided, That up 
     to $800,000 in fees collected under 49 U.S.C. 5108(g) shall 
     be deposited in the general fund of the Treasury as 
     offsetting receipts: Provided further, That there may be 
     credited to this appropriation, to be available until 
     expended, funds received from States, counties, 
     municipalities, other public authorities, and private sources 
     for expenses incurred for training, for reports publication 
     and dissemination, and for travel expenses incurred in 
     performance of hazardous materials exemptions and approvals 
     functions.


                            Pipeline Safety

                         (pipeline safety fund)

                    (oil spill liability trust fund)

       For expenses necessary to conduct the functions of the 
     pipeline safety program, for grants-in-aid to carry out a 
     pipeline safety program, as authorized by 49 U.S.C. 60107, 
     and to discharge the pipeline program responsibilities of the 
     Oil Pollution Act of 1990, $93,291,000, of which $18,810,000 
     shall be derived from the Oil Spill Liability Trust Fund and 
     shall remain available until September 30, 2011; and of which 
     $74,481,000 shall be derived from the Pipeline Safety Fund, 
     of which $40,081,000 shall remain available until September 
     30, 2011: Provided, That not less than $1,043,000 of the 
     funds provided under this heading shall be for the one-call 
     State grant program.


                     Emergency Preparedness Grants

                     (emergency preparedness fund)

       For necessary expenses to carry out 49 U.S.C. 5128(b), 
     $188,000, to be derived from the Emergency Preparedness Fund, 
     to remain available until September 30, 2010: Provided, That 
     not more than $28,318,000 shall be made available for 
     obligation in fiscal year 2009 from amounts made available by 
     49 U.S.C. 5116(i) and 5128(b)-(c): Provided further, That 
     none of the funds made available by 49 U.S.C. 5116(i), 
     5128(b), or 5128(c) shall be made available for obligation by 
     individuals other than the Secretary of Transportation, or 
     his or her designee.

           Research and Innovative Technology Administration


                        Research and Development

       For necessary expenses of the Research and Innovative 
     Technology Administration, $12,900,000, of which $6,936,000 
     shall remain available until September 30, 2011: Provided, 
     That there may be credited to this appropriation, to be 
     available until expended, funds received from States, 
     counties, municipalities, other public authorities, and 
     private sources for expenses incurred for training.

                      Office of Inspector General


                         Salaries and Expenses

       For necessary expenses of the Office of Inspector General 
     to carry out the provisions of the Inspector General Act of 
     1978, as amended, $71,400,000: Provided, That the Inspector 
     General shall have all necessary authority, in carrying out 
     the duties specified in the Inspector General Act, as amended 
     (5 U.S.C. App. 3), to investigate allegations of fraud, 
     including false statements to the government (18 U.S.C. 
     1001), by any person or entity that is subject to regulation 
     by the Department: Provided further, That the funds made 
     available under this heading shall be used to investigate, 
     pursuant to section 41712 of title 49, United States Code: 
     (1) unfair or deceptive practices and unfair methods of 
     competition by domestic and foreign air carriers and ticket 
     agents; and (2) the compliance of domestic and foreign air 
     carriers with respect to item (1) of this proviso.

                      Surface Transportation Board


                         Salaries and Expenses

       For necessary expenses of the Surface Transportation Board, 
     including services authorized by 5 U.S.C. 3109, $26,847,000: 
     Provided, That notwithstanding any other provision of law, 
     not to exceed $1,250,000 from fees established by the 
     Chairman of the Surface Transportation Board shall be 
     credited to this appropriation as offsetting collections and 
     used for necessary and authorized expenses under this 
     heading: Provided further, That the sum herein appropriated 
     from the general fund shall be reduced on a dollar-for-dollar 
     basis as such offsetting collections are received during 
     fiscal year 2009, to result in a final appropriation from the 
     general fund estimated at no more than $25,597,000.

            General Provisions--Department of Transportation

       Sec. 180.  During the current fiscal year applicable 
     appropriations to the Department of Transportation shall be 
     available for maintenance and operation of aircraft; hire of 
     passenger motor vehicles and aircraft; purchase of liability 
     insurance for motor vehicles operating in foreign countries 
     on official department business; and uniforms or allowances 
     therefor, as authorized by law (5 U.S.C. 5901-5902).
       Sec. 181. Appropriations contained in this Act for the 
     Department of Transportation shall be available for services 
     as authorized by 5 U.S.C. 3109, but at rates for individuals 
     not to exceed the per diem rate equivalent to the rate for an 
     Executive Level IV.
       Sec. 182. None of the funds in this Act shall be available 
     for salaries and expenses of more than 110 political and 
     Presidential appointees in the Department of Transportation: 
     Provided, That none of the personnel covered by this 
     provision may be assigned on temporary detail outside the 
     Department of Transportation.
       Sec. 183. None of the funds in this Act shall be used to 
     implement section 404 of title 23, United States Code.
       Sec. 184. (a) No recipient of funds made available in this 
     Act shall disseminate personal information (as defined in 18 
     U.S.C. 2725(3)) obtained by a State department of motor 
     vehicles in connection with a motor vehicle record as defined 
     in 18 U.S.C. 2725(1), except as provided in 18 U.S.C. 2721 
     for a use permitted under 18 U.S.C. 2721.
       (b) Notwithstanding subsection (a), the Secretary shall not 
     withhold funds provided in this Act for any grantee if a 
     State is in noncompliance with this provision.
       Sec. 185. Funds received by the Federal Highway 
     Administration, Federal Transit Administration, and Federal 
     Railroad Administration from States, counties, 
     municipalities, other public authorities, and private sources 
     for expenses incurred for training may be credited 
     respectively to the Federal Highway Administration's 
     ``Federal-Aid Highways'' account, the Federal Transit 
     Administration's ``Research and University Research Centers'' 
     account, and to the Federal Railroad Administration's 
     ``Safety and Operations'' account, except for State rail 
     safety inspectors participating in training pursuant to 49 
     U.S.C. 20105.
       Sec. 186. Funds provided or limited in this Act under the 
     appropriate accounts within the Federal Highway 
     Administration, the Federal Railroad Administration and the 
     Federal Transit Administration shall be for the eligible 
     programs, projects and activities in the corresponding 
     amounts identified in the explanatory statement accompanying 
     this Act for ``Ferry Boats and Ferry Terminal Facilities'', 
     ``Federal Lands'', ``Interstate Maintenance Discretionary'', 
     ``Transportation, Community and System Preservation 
     Program'', ``Delta Region Transportation Development 
     Program'', ``Rail Line Relocation and Improvement Program'', 
     ``Rail-highway crossing hazard eliminations'', ``Alternatives 
     analysis'', and ``Bus and bus facilities''.
       Sec. 187. Notwithstanding any other provisions of law, rule 
     or regulation, the Secretary of Transportation is authorized 
     to allow the issuer of any preferred stock heretofore sold to 
     the Department to redeem or repurchase such stock upon the 
     payment to the Department of an amount determined by the 
     Secretary.
       Sec. 188.  None of the funds in this Act to the Department 
     of Transportation may be used to make a grant unless the 
     Secretary of Transportation notifies the House and Senate 
     Committees on Appropriations not less than 3 full business 
     days before any discretionary grant award, letter of intent, 
     or full funding grant agreement totaling $500,000 or more is 
     announced by the department or its modal administrations 
     from: (1) any discretionary grant program of the Federal 
     Highway Administration including the emergency relief 
     program; (2) the airport improvement program of the Federal 
     Aviation Administration; (3) any grant from the Federal 
     Railroad Administration; or (4) any program of the Federal 
     Transit Administration other than the formula grants and 
     fixed guideway modernization programs: Provided, That the 
     Secretary gives concurrent notification to the House and 
     Senate Committees

[[Page 5728]]

     on Appropriations for any ``quick release'' of funds from the 
     emergency relief program: Provided further, That no 
     notification shall involve funds that are not available for 
     obligation.
       Sec. 189. Rebates, refunds, incentive payments, minor fees 
     and other funds received by the Department of Transportation 
     from travel management centers, charge card programs, the 
     subleasing of building space, and miscellaneous sources are 
     to be credited to appropriations of the Department of 
     Transportation and allocated to elements of the Department of 
     Transportation using fair and equitable criteria and such 
     funds shall be available until expended.
       Sec. 190.  Amounts made available in this or any other Act 
     that the Secretary determines represent improper payments by 
     the Department of Transportation to a third party contractor 
     under a financial assistance award, which are recovered 
     pursuant to law, shall be available--
       (1) to reimburse the actual expenses incurred by the 
     Department of Transportation in recovering improper payments; 
     and
       (2) to pay contractors for services provided in recovering 
     improper payments or contractor support in the implementation 
     of the Improper Payments Information Act of 2002: Provided, 
     That amounts in excess of that required for paragraphs (1) 
     and (2)--
       (A) shall be credited to and merged with the appropriation 
     from which the improper payments were made, and shall be 
     available for the purposes and period for which such 
     appropriations are available; or
       (B) if no such appropriation remains available, shall be 
     deposited in the Treasury as miscellaneous receipts: Provided 
     further, That prior to the transfer of any such recovery to 
     an appropriations account, the Secretary shall notify the 
     House and Senate Committees on Appropriations of the amount 
     and reasons for such transfer: Provided further, That for 
     purposes of this section, the term ``improper payments'', has 
     the same meaning as that provided in section 2(d)(2) of 
     Public Law 107-300.
       Sec. 191. Notwithstanding any other provision of law, if 
     any funds provided in or limited by this Act are subject to a 
     reprogramming action that requires notice to be provided to 
     the House and Senate Committees on Appropriations, said 
     reprogramming action shall be approved or denied solely by 
     the Committees on Appropriations: Provided, That the 
     Secretary may provide notice to other congressional 
     committees of the action of the Committees on Appropriations 
     on such reprogramming but not sooner than 30 days following 
     the date on which the reprogramming action has been approved 
     or denied by the House and Senate Committees on 
     Appropriations.
       Sec. 192. (a) None of the funds appropriated or otherwise 
     made available under this Act to the Surface Transportation 
     Board of the Department of Transportation may be used to take 
     any action to allow any activity described in subsection (b) 
     in a case, matter, or declaratory order involving a railroad, 
     or an entity claiming or seeking authority to operate as a 
     railroad, unless the Board receives written assurance from 
     the Governor, or the Governor's designee, of the State in 
     which such activity will occur that such railroad or entity 
     has agreed to comply with State and local regulations that 
     establish public health, safety, and environmental standards 
     for the activities described in subsection (b), other than 
     zoning laws or regulations.
       (b) Activities referred to in subsection (a) are activities 
     that occur at a solid waste rail transfer facility 
     involving--
       (1) the collection, storage, or transfer of solid waste (as 
     defined in section 1004 of the Solid Waste Disposal Act (42 
     U.S.C. 6903)) outside of original shipping containers; or
       (2) the separation or processing of solid waste (including 
     baling, crushing, compacting, and shredding).
       Sec. 193. None of the funds appropriated or otherwise made 
     available under this Act may be used by the Surface 
     Transportation Board of the Department of Transportation to 
     charge or collect any filing fee for rate complaints filed 
     with the Board in an amount in excess of the amount 
     authorized for district court civil suit filing fees under 
     section 1914 of title 28, United States Code.
       Sec. 194. Of the funds made available or limited by this 
     Act, which are not otherwise allocated under this Act or 
     under SAFETEA-LU (Public Law 109-59) or necessary to fulfill 
     existing agreements between the Department of Transportation 
     and metropolitan areas under the ``Urban Partnerships'' and 
     ``Congestion-Reduction Demonstration'' programs, not more 
     than 10 percent of such funds for any program that is 
     allocated at the discretion of the Secretary may be expended 
     in furtherance of the Department of Transportation's 
     ``National Strategy to Reduce Congestion on America's 
     Transportation Network'' issued May 2006 by Secretary of 
     Transportation, the Honorable Norman Mineta; also known as 
     the ``Congestion Initiative'' or any other new congestion 
     initiative.
       Sec. 195. Of the funds available for Ferry Boats and Ferry 
     Terminal Facilities, $950,000 shall be for Missouri River, 
     Route 240, Saline and Howard Counties for expenses, including 
     reimbursement of previously incurred expenses, for 
     alternative transportation (including ferryboat service) 
     during bridge replacement.
       Sec. 196. Notwithstanding any other provision of law, the 
     State of New Mexico may use funds apportioned to the State 
     under section 104(b)(2) of title 23, United States Code, for 
     the congestion mitigation and air quality improvement program 
     under section 149 of title 23, United States Code, to support 
     the operation of commuter rail service between Belen and 
     Bernalillo, New Mexico.
       Sec. 197. Notwithstanding any other provision of law, funds 
     made available in fiscal years 2006 through 2009 for item 
     number 598 in section 3044(a) of Public Law 109-59 that are 
     unobligated or unexpended in a grant shall be made available 
     to OATS, Incorporated for buses and bus-related facilities.
       Sec. 198. Notwithstanding any other provision of law, funds 
     made available in fiscal years 2006 through 2009 for item 
     number 1152 in section 1702 of Public Law 109-59 that are 
     unobligated or unexpended shall be made available for 
     maintenance, repair and reconstruction of the Tucker Bridge 
     in the City of St. Louis, Missouri.
       Sec. 199. Notwithstanding any other provision of law, 
     section 198 of division K of Public Law 110-161 shall 
     continue in effect during fiscal year 2009.
        This title may be cited as the ``Department of 
     Transportation Appropriations Act, 2009''.

                                TITLE II

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                     Management and Administration


                          executive direction

       For necessary salaries and expenses for Executive 
     Direction, $23,799,456, of which not to exceed $3,885,581 
     shall be available for the immediate Office of the Secretary 
     and Deputy Secretary; not to exceed $1,613,898 shall be 
     available for the Office of Hearings and Appeals; not to 
     exceed $544,552 shall be available for the Office of Small 
     and Disadvantaged Business Utilization; not to exceed 
     $720,343 shall be available for the immediate Office of the 
     Chief Financial Officer; not to exceed $1,516,800 shall be 
     available for the immediate Office of the General Counsel; 
     not to exceed $2,715,488 shall be available to the Office of 
     the Assistant Secretary for Congressional and 
     Intergovernmental Relations; not to exceed $2,586,721 shall 
     be available for the Office of the Assistant Secretary for 
     Public Affairs; not to exceed $1,005,120 shall be available 
     for the Office of the Assistant Secretary for Administration; 
     not to exceed $1,602,655 shall be available to the Office of 
     the Assistant Secretary for Public and Indian Housing; not to 
     exceed $1,707,499 shall be available to the Office of the 
     Assistant Secretary for Community Planning and Development; 
     not to exceed $3,778,560 shall be available to the Office of 
     the Assistant Secretary for Housing, Federal Housing 
     Commissioner; not to exceed $1,431,212 shall be available to 
     the Office of the Assistant Secretary for Policy Development 
     and Research; and not to exceed $691,027 shall be available 
     to the Office of the Assistant Secretary for Fair Housing and 
     Equal Opportunity: Provided, That the Secretary of the 
     Department of Housing and Urban Development is authorized to 
     transfer funds appropriated for any office funded under this 
     heading to any other office funded under this heading 
     following the written notification to the House and Senate 
     Committees on Appropriations: Provided further, That no 
     appropriation for any office shall be increased or decreased 
     by more than 5 percent by all such transfers: Provided 
     further, That notice of any change in funding greater than 5 
     percent shall be submitted for prior approval to the House 
     and Senate Committees on Appropriations: Provided further, 
     That the Secretary shall provide the Committees on 
     Appropriations quarterly written notification regarding the 
     status of pending congressional reports: Provided further, 
     That the Secretary shall provide all signed reports required 
     by Congress electronically: Provided further, That not to 
     exceed $25,000 of the amount made available under this 
     paragraph for the immediate Office of the Secretary shall be 
     available for official reception and representation expenses 
     as the Secretary may determine.


               Administration, Operations and Management

       For necessary salaries and expenses for administration, 
     operations and management for the Department of Housing and 
     Urban Development, $527,433,640, of which not to exceed 
     $75,510,000 shall be available for the personnel compensation 
     and benefits of the Office of Administration; not to exceed 
     $11,003,940 shall be available for the personnel compensation 
     and benefits of the Office of Departmental Operations and 
     Coordination; not to exceed $48,817,430 shall be available 
     for the personnel compensation and benefits of the Office of 
     Field Policy and Management; not to exceed $13,438,200 shall 
     be available for the personnel compensation and benefits of 
     the Office of the Chief Procurement Officer; not to exceed 
     $34,028,820 shall be available for the personnel compensation 
     and benefits of the remaining staff in the Office of the 
     Chief Financial Officer; not to exceed $84,837,460 shall be 
     available for the personnel compensation and benefits of the 
     remaining staff in the Office of the General Counsel; not to 
     exceed $3,085,120 shall be available for the personnel 
     compensation and benefits of the Office of Departmental

[[Page 5729]]

     Equal Employment Opportunity; not to exceed $1,215,280 shall 
     be available for the personnel compensation and benefits for 
     the Center for Faith-Based and Community Initiatives; and not 
     to exceed $255,497,390 shall be available for non-personnel 
     expenses of the Department of Housing and Urban Development: 
     Provided, That, funds provided under this heading may be used 
     for necessary administrative and non-administrative expenses 
     of the Department of Housing and Urban Development, not 
     otherwise provided for, including purchase of uniforms, or 
     allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
     hire of passenger motor vehicles; services as authorized by 5 
     U.S.C. 3109: Provided further, That notwithstanding any other 
     provision of law, funds appropriated under this heading may 
     be used for advertising and promotional activities that 
     support the housing mission area: Provided further, That the 
     Secretary of Housing and Urban Development is authorized to 
     transfer funds appropriated for any office included in 
     Administration, Operations and Management to any other office 
     included in Administration, Operations and Management only 
     after such transfer has been submitted to, and received prior 
     written approval by, the House and Senate Committees on 
     Appropriations: Provided further, That no appropriation for 
     any office shall be increased or decreased by more than 10 
     percent by all such transfers.

                  Personnel Compensation and Benefits


                       Public and Indian Housing

       For necessary personnel compensation and benefits expenses 
     of the Office of Public and Indian Housing, $190,390,100.


                   Community Planning and Development

       For necessary personnel compensation and benefits expenses 
     of the Office of Community Planning and Development mission 
     area, $94,233,700.


                                Housing

       For necessary personnel compensation and benefits expenses 
     of the Office of Housing, $363,198,000.


         office of the government national mortgage association

       For necessary personnel compensation and benefits expenses 
     of the Office of the Government National Mortgage 
     Association, $10,000,000, to be derived from the GNMA 
     guarantees of mortgage backed securities guaranteed loan 
     receipt account.


                    Policy Development and Research

       For necessary personnel compensation and benefits expenses 
     of the Office of Policy Development and Research, 
     $18,070,850.


                   Fair Housing and Equal Opportunity

       For necessary personnel compensation and benefits expenses 
     of the Office of Fair Housing and Equal Opportunity, 
     $69,020,990.


            Office of Healthy Homes and Lead Hazard Control

       For necessary personnel compensation and benefits expenses 
     of the Office of Healthy Homes and Lead Hazard Control, 
     $6,727,950.

                       Public and Indian Housing


                     tenant-based rental assistance

                     (including transfer of funds)

       For activities and assistance for the provision of tenant-
     based rental assistance authorized under the United States 
     Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.) 
     (``the Act'' herein), not otherwise provided for, 
     $16,817,000,000, to remain available until expended, of which 
     $12,817,000,000 shall be available on October 1, 2008, and 
     $4,000,000,000 shall be available on October 1, 2009: 
     Provided, That the amounts made available under this heading 
     are provided as follows:
       (1) $15,034,071,000 shall be available for renewals of 
     expiring section 8 tenant-based annual contributions 
     contracts (including renewals of enhanced vouchers under any 
     provision of law authorizing such assistance under section 
     8(t) of the Act) and including renewal of other designated 
     housing vouchers initially funded in fiscal year 2008 (such 
     as Family Unification, Veterans Affairs Supportive Housing 
     Vouchers and Non-elderly Disabled Vouchers): Provided, That 
     notwithstanding any other provision of law, from amounts 
     provided under this paragraph and any carryover, the 
     Secretary for the calendar year 2009 funding cycle shall 
     provide renewal funding for each public housing agency based 
     on voucher management system (VMS) leasing and cost data for 
     the most recent Federal fiscal year and by applying the 2009 
     Annual Adjustment Factor as established by the Secretary, and 
     by making any necessary adjustments for the costs associated 
     with deposits to family self-sufficiency program escrow 
     accounts or first-time renewals including tenant protection 
     or HOPE VI vouchers: Provided further, That none of the funds 
     provided under this paragraph may be used to fund a total 
     number of unit months under lease which exceeds a public 
     housing agency's authorized level of units under contract: 
     Provided further, That the Secretary shall, to the extent 
     necessary to stay within the amount specified under this 
     paragraph (except as otherwise modified under this Act), pro 
     rate each public housing agency's allocation otherwise 
     established pursuant to this paragraph: Provided further, 
     That except as provided in the last two provisos, the entire 
     amount specified under this paragraph (except as otherwise 
     modified under this Act) shall be obligated to the public 
     housing agencies based on the allocation and pro rata method 
     described above and the Secretary shall notify public housing 
     agencies of their annual budget not later than 60 days after 
     enactment of this Act: Provided further, That the Secretary 
     may extend the 60-day notification period with the written 
     approval of the House and Senate Committees on 
     Appropriations: Provided further, That public housing 
     agencies participating in the Moving to Work demonstration 
     shall be funded pursuant to their Moving to Work agreements 
     and shall be subject to the same pro rata adjustments under 
     the previous provisos: Provided further, That up to 
     $100,000,000 shall be available only: (1) to adjust the 
     allocations for public housing agencies, after application 
     for an adjustment by a public housing agency that experienced 
     a significant increase, as determined by the Secretary, in 
     renewal costs of tenant-based rental assistance resulting 
     from unforeseen circumstances or from portability under 
     section 8(r) of the Act; (2) for adjustments for public 
     housing agencies with voucher leasing rates at the end of the 
     calendar year that exceed the average leasing for the 12-
     month period used to establish the allocation; (3) for 
     adjustments for the costs associated with VASH vouchers; and 
     (4) for vouchers that were not in use during the 12-month 
     period in order to be available to meet a commitment pursuant 
     to section 8(o)(13) of the Act.
       (2) $150,000,000 for section 8 rental assistance for 
     relocation and replacement of housing units that are 
     demolished or disposed of pursuant to the Omnibus 
     Consolidated Rescissions and Appropriations Act of 1996 
     (Public Law 104-134), conversion of section 23 projects to 
     assistance under section 8, the family unification program 
     under section 8(x) of the Act, relocation of witnesses in 
     connection with efforts to combat crime in public and 
     assisted housing pursuant to a request from a law enforcement 
     or prosecution agency, enhanced vouchers under any provision 
     of law authorizing such assistance under section 8(t) of the 
     Act, HOPE VI vouchers, mandatory and voluntary conversions, 
     and tenant protection assistance including replacement and 
     relocation assistance or for project based assistance to 
     prevent the displacement of unassisted elderly tenants 
     currently residing in section 202 properties financed between 
     1959 and 1974 that are refinanced pursuant to Public Law 106-
     569, as amended or under the authority as provided under this 
     Act: Provided, That the Secretary shall provide replacement 
     vouchers for all units that were occupied within the previous 
     24 months that cease to be available as assisted housing, 
     subject only to the availability of funds.
       (3) Not to exceed $7,929,000 provided under this heading 
     may be transferred to the Working Capital Fund: Provided, 
     That funding made available under this section shall not be 
     transferred to the Working Capital Fund until the voucher 
     management system leasing and cost data is made available to 
     the public on the Department of Housing and Urban Development 
     website.
       (4) $1,500,000,000 for administrative and other expenses of 
     public housing agencies in administering the section 8 
     tenant-based rental assistance program and which up to 
     $50,000,000 shall be available to the Secretary to allocate 
     to public housing agencies that need additional funds to 
     administer their section 8 programs, including fees 
     associated with section 8 tenant protection rental 
     assistance, the administration of disaster related vouchers, 
     Veterans Affairs Supportive Housing vouchers, and other 
     incremental vouchers: Provided, That no less than 
     $1,400,000,000 of the amount provided in this paragraph shall 
     be allocated to public housing agencies for the calendar year 
     2009 funding cycle based on section 8(q) of the Act (and 
     related Appropriation Act provisions) as in effect 
     immediately before the enactment of the Quality Housing and 
     Work Responsibility Act of 1998 (Public Law 105-276): 
     Provided further, That if the amounts made available under 
     this paragraph are insufficient to pay the amounts determined 
     under the previous proviso, the Secretary may decrease the 
     amounts allocated to agencies by a uniform percentage 
     applicable to all agencies receiving funding under this 
     paragraph or may, to the extent necessary to provide full 
     payment of amounts determined under the previous proviso, 
     utilize unobligated balances, including recaptures and 
     carryovers, remaining from funds appropriated to the 
     Department of Housing and Urban Development under this 
     heading, for fiscal year 2008 and prior fiscal years, 
     notwithstanding the purposes for which such amounts were 
     appropriated: Provided further, That amounts provided under 
     this paragraph shall be only for activities related to the 
     provision of tenant- based rental assistance authorized under 
     section 8, including related development activities: Provided 
     further, That of the total amount provided under this 
     paragraph, $50,000,000 shall be made available for family 
     self-sufficiency coordinators under section 23 of the Act.
       (5) $20,000,000 for incremental voucher assistance through 
     the Family Unification Program: Provided, That the assistance 
     made available under this paragraph shall continue to remain 
     available for family unification upon turnover: Provided 
     further, That

[[Page 5730]]

     the Secretary of Housing and Urban Development shall make 
     such funding available, notwithstanding section 204 
     (competition provision) of this title, to entities with 
     demonstrated experience and resources for supportive 
     services.
       (6) $75,000,000 for incremental rental voucher assistance 
     for use through a supported housing program administered in 
     conjunction with the Department of Veterans Affairs as 
     authorized under section 8(o)(19) of the United States 
     Housing Act of 1937: Provided, That the Secretary of Housing 
     and Urban Development shall make such funding available, 
     notwithstanding section 204 (competition provision) of this 
     title, to public housing agencies that partner with eligible 
     VA Medical Centers or other entities as designated by the 
     Secretary of the Department of Veterans Affairs, based on 
     geographical need for such assistance as identified by the 
     Secretary of the Department of Veterans Affairs, public 
     housing agency administrative performance, and other factors 
     as specified by the Secretary of Housing and Urban 
     Development in consultation with the Secretary of the 
     Department of Veterans Affairs: Provided further, That the 
     Secretary of Housing and Urban Development may waive, or 
     specify alternative requirements for (in consultation with 
     the Secretary of the Department of Veterans Affairs), any 
     provision of any statute or regulation that the Secretary of 
     Housing and Urban Development administers in connection with 
     the use of funds made available under this paragraph (except 
     for requirements related to fair housing, nondiscrimination, 
     labor standards, and the environment), upon a finding by the 
     Secretary that any such waivers or alternative requirements 
     are necessary for the effective delivery and administration 
     of such voucher assistance: Provided further, That assistance 
     made available under this paragraph shall continue to remain 
     available for homeless veterans upon turn-over.
       (7) $30,000,000 for incremental vouchers under section 8 of 
     the Act for nonelderly disabled families: Provided, That 
     assistance made available under this paragraph shall continue 
     to remain available for the same population upon turnover: 
     Provided further, That the Secretary of Housing and Urban 
     Development shall make such funding available, 
     notwithstanding section 204 (competition provision) of this 
     title, to entities with demonstrated experience and resources 
     for supportive services.


                        housing certificate fund

       Of the unobligated balances, including recaptures and 
     carryover, remaining from funds appropriated to the 
     Department of Housing and Urban Development under this 
     heading, the heading ``Annual Contributions for Assisted 
     Housing'' and the heading ``Project-Based Rental 
     Assistance'', for fiscal year 2009 and prior years may be 
     used for renewal of or amendments to section 8 project-based 
     contracts and for performance-based contract administrators, 
     notwithstanding the purposes for which such funds were 
     appropriated: Provided, That any obligated balances of 
     contract authority from fiscal year 1974 and prior that have 
     been terminated shall be cancelled.

                      public housing capital fund

                     (including transfer of funds)

       For the Public Housing Capital Fund Program to carry out 
     capital and management activities for public housing 
     agencies, as authorized under section 9 of the United States 
     Housing Act of 1937 (42 U.S.C. 1437g) (the ``Act'') 
     $2,450,000,000, to remain available until September 30, 2012: 
     Provided, That notwithstanding any other provision of law or 
     regulation, during fiscal year 2009 the Secretary of Housing 
     and Urban Development may not delegate to any Department 
     official other than the Deputy Secretary and the Assistant 
     Secretary for Public and Indian Housing any authority under 
     paragraph (2) of section 9(j) regarding the extension of the 
     time periods under such section: Provided further, That for 
     purposes of such section 9(j), the term ``obligate'' means, 
     with respect to amounts, that the amounts are subject to a 
     binding agreement that will result in outlays, immediately or 
     in the future: Provided further, That of the total amount 
     provided under this heading, up to $10,000,000 shall be for 
     carrying out activities under section 9(h) of such Act; not 
     to exceed $14,577,000 may be transferred to the Working 
     Capital Fund; and up to $15,345,000 shall be to support the 
     ongoing Public Housing Financial and Physical Assessment 
     activities of the Real Estate Assessment Center (REAC): 
     Provided further, That no funds may be used under this 
     heading for the purposes specified in section 9(k) of the 
     Act: Provided further, That of the total amount provided 
     under this heading, not to exceed $20,000,000 shall be 
     available for the Secretary to make grants, notwithstanding 
     section 204 of this Act, to public housing agencies for 
     emergency capital needs including safety and security 
     measures necessary to address crime and drug-related activity 
     as well as needs resulting from unforeseen or unpreventable 
     emergencies and natural disasters excluding Presidentially 
     declared disasters occurring in fiscal year 2009: Provided 
     further, That of the total amount provided under this 
     heading, $40,000,000 shall be for supportive services, 
     service coordinators and congregate services as authorized by 
     section 34 of the Act (42 U.S.C. 1437z-6) and the Native 
     American Housing Assistance and Self-Determination Act of 
     1996 (25 U.S.C. 4101 et seq.): Provided further, That of the 
     total amount provided under this heading up to $8,820,000 is 
     to support the costs of administrative and judicial 
     receiverships: Provided further, That from the funds made 
     available under this heading, the Secretary shall provide 
     bonus awards in fiscal year 2009 to public housing agencies 
     that are designated high performers.


                     Public Housing Operating Fund

       For 2009 payments to public housing agencies for the 
     operation and management of public housing, as authorized by 
     section 9(e) of the United States Housing Act of 1937 (42 
     U.S.C. 1437g(e)), $4,455,000,000; of which $5,940,000 shall 
     be for competitive grants and contracts to third parties for 
     the provision of technical assistance to public housing 
     agencies related to the transition and implementation of 
     asset-based management in public housing: Provided, That, in 
     fiscal year 2009 and all fiscal years hereafter, no amounts 
     under this heading in any appropriations Act may be used for 
     payments to public housing agencies for the costs of 
     operation and management of public housing for any year prior 
     to the current year of such Act: Provided further, That no 
     funds may be used under this heading for the purposes 
     specified in section 9(k) of the United States Housing Act of 
     1937.


     Revitalization of Severely Distressed Public Housing (Hope VI)

       For grants to public housing agencies for demolition, site 
     revitalization, replacement housing, and tenant-based 
     assistance grants to projects as authorized by section 24 of 
     the United States Housing Act of 1937 (42 U.S.C. 1437v), 
     $120,000,000, to remain available until September 30, 2010, 
     of which the Secretary of Housing and Urban Development shall 
     use $2,400,000 for technical assistance and contract 
     expertise, to be provided directly or indirectly by grants, 
     contracts or cooperative agreements, including training and 
     cost of necessary travel for participants in such training, 
     by or to officials and employees of the department and of 
     public housing agencies and to residents: Provided, That none 
     of such funds shall be used directly or indirectly by 
     granting competitive advantage in awards to settle litigation 
     or pay judgments, unless expressly permitted herein.


                  Native American Housing Block Grants

       For the Native American Housing Block Grants program, as 
     authorized under title I of the Native American Housing 
     Assistance and Self-Determination Act of 1996 (NAHASDA) (25 
     U.S.C. 4111 et seq.), $645,000,000, to remain available until 
     expended: Provided, That, notwithstanding the Native American 
     Housing Assistance and Self-Determination Act of 1996, to 
     determine the amount of the allocation under title I of such 
     Act for each Indian tribe, the Secretary shall apply the 
     formula under section 302 of such Act with the need component 
     based on single-race Census data and with the need component 
     based on multi-race Census data, and the amount of the 
     allocation for each Indian tribe shall be the greater of the 
     two resulting allocation amounts: Provided further, That of 
     the amounts made available under this heading, $3,500,000 
     shall be contracted for assistance for a national 
     organization representing Native American housing interests 
     for providing training and technical assistance to Indian 
     housing authorities and tribally designated housing entities 
     as authorized under NAHASDA; and $4,250,000 shall be to 
     support the inspection of Indian housing units, contract 
     expertise, training, and technical assistance in the 
     training, oversight, and management of such Indian housing 
     and tenant-based assistance, including up to $300,000 for 
     related travel: Provided further, That of the amount provided 
     under this heading, $2,000,000 shall be made available for 
     the cost of guaranteed notes and other obligations, as 
     authorized by title VI of NAHASDA: Provided further, That 
     such costs, including the costs of modifying such notes and 
     other obligations, shall be as defined in section 502 of the 
     Congressional Budget Act of 1974, as amended: Provided 
     further, That these funds are available to subsidize the 
     total principal amount of any notes and other obligations, 
     any part of which is to be guaranteed, not to exceed 
     $17,000,000.


                  native hawaiian housing block grant

       For the Native Hawaiian Housing Block Grant program, as 
     authorized under title VIII of the Native American Housing 
     Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111 
     et seq.), $10,000,000, to remain available until expended: 
     Provided, That of this amount, $299,211 shall be for training 
     and technical assistance activities, including up to $100,000 
     for related travel by Hawaii-based HUD employees.


           Indian Housing Loan Guarantee Fund Program Account

       For the cost of guaranteed loans, as authorized by section 
     184 of the Housing and Community Development Act of 1992 (12 
     U.S.C. 1715z-13a), $9,000,000, to remain available until 
     expended: Provided, That such costs, including the costs of 
     modifying such loans, shall be as defined in section 502 of 
     the Congressional Budget Act of 1974: Provided further, That 
     these funds are available to

[[Page 5731]]

     subsidize total loan principal, any part of which is to be 
     guaranteed, up to $420,000,000: Provided further, That up to 
     $750,000 shall be for administrative contract expenses 
     including management processes and systems to carry out the 
     loan guarantee program.


      Native Hawaiian Housing Loan Guarantee Fund Program Account

       For the cost of guaranteed loans, as authorized by section 
     184A of the Housing and Community Development Act of 1992 (12 
     U.S.C. 1715z-13b), $1,044,000, to remain available until 
     expended: Provided, That such costs, including the costs of 
     modifying such loans, shall be as defined in section 502 of 
     the Congressional Budget Act of 1974: Provided further, That 
     these funds are available to subsidize total loan principal, 
     any part of which is to be guaranteed, not to exceed 
     $41,504,255.

                   Community Planning and Development


              housing opportunities for persons with aids

                     (including transfer of funds)

       For carrying out the Housing Opportunities for Persons with 
     AIDS program, as authorized by the AIDS Housing Opportunity 
     Act (42 U.S.C. 12901 et seq.), $310,000,000, to remain 
     available until September 30, 2010, except that amounts 
     allocated pursuant to section 854(c)(3) of such Act shall 
     remain available until September 30, 2011: Provided, That the 
     Secretary shall renew all expiring contracts for permanent 
     supportive housing that were funded under section 854(c)(3) 
     of such Act that meet all program requirements before 
     awarding funds for new contracts and activities authorized 
     under this section: Provided further, That the Secretary may 
     use not to exceed $1,485,000 of the funds under this heading 
     for training, oversight, and technical assistance activities; 
     and not to exceed $1,750,000 may be transferred to the 
     Working Capital Fund.


                 Rural Housing and Economic Development

       For the Office of Rural Housing and Economic Development in 
     the Department of Housing and Urban Development, $26,000,000, 
     to remain available until expended, which amount shall be 
     competitively awarded by September 1, 2009, to Indian tribes, 
     State housing finance agencies, State community and/or 
     economic development agencies, local rural nonprofits and 
     community development corporations to support innovative 
     housing and economic development activities in rural areas: 
     Provided, That of the total amount made available under this 
     heading, not less than $5,000,000 shall be made available to 
     promote economic development and entrepreneurship for 
     federally recognized Indian Tribes, through activities 
     including the capitalization of revolving loan programs and 
     business planning and development, funding is also made 
     available for technical assistance to increase capacity 
     through training and outreach activities.


                       Community Development Fund

                     (including transfer of funds)

       For assistance to units of State and local government, and 
     to other entities, for economic and community development 
     activities, and for other purposes, $3,900,000,000, to remain 
     available until September 30, 2011, unless otherwise 
     specified: Provided, That of the total amount provided, 
     $3,641,966,875 is for carrying out the community development 
     block grant program under title I of the Housing and 
     Community Development Act of 1974, as amended (the ``Act'' 
     herein) (42 U.S.C. 5301 et seq.): Provided further, That 
     unless explicitly provided for under this heading (except for 
     planning grants provided in the second paragraph and amounts 
     made available under the third paragraph), not to exceed 20 
     percent of any grant made with funds appropriated under this 
     heading shall be expended for planning and management 
     development and administration: Provided further, That of the 
     total amount made available under this heading, not to exceed 
     $3,175,000 may be transferred to the Working Capital Fund: 
     Provided further, That $5,000,000 is for technical assistance 
     as authorized by section 107(b)(4) of such Act: Provided 
     further, That $65,000,000 shall be for grants to Indian 
     tribes notwithstanding section 106(a)(1) of such Act, of 
     which, notwithstanding any other provision of law (including 
     section 204 of this Act), up to $3,960,000 may be used for 
     emergencies that constitute imminent threats to health and 
     safety.
       Of the amount made available under this heading, 
     $165,311,875 shall be available for grants for the Economic 
     Development Initiative (EDI) to finance a variety of targeted 
     economic investments in accordance with the terms and 
     conditions specified in the explanatory statement 
     accompanying this Act: Provided, That none of the funds 
     provided under this paragraph may be used for program 
     operations: Provided further, That, for fiscal years 2007, 
     2008 and 2009, no unobligated funds for EDI grants may be 
     used for any purpose except acquisition, planning, design, 
     purchase of equipment, revitalization, redevelopment or 
     construction.
       Of the amount made available under this heading, 
     $19,546,250 shall be available for neighborhood initiatives 
     that are utilized to improve the conditions of distressed and 
     blighted areas and neighborhoods, to stimulate investment, 
     economic diversification, and community revitalization in 
     areas with population outmigration or a stagnating or 
     declining economic base, or to determine whether housing 
     benefits can be integrated more effectively with welfare 
     reform initiatives: Provided, That amounts made available 
     under this paragraph shall be provided in accordance with the 
     terms and conditions specified in the explanatory statement 
     accompanying this Act.
       The referenced statement of managers under this heading in 
     title III of division A of Public Law 109-115 is deemed to be 
     amended with respect to item number 889 by striking ``Perry 
     County, Pennsylvania to develop an industrial park in New 
     Bloomfield'' and inserting ``Perry County, Pennsylvania to 
     develop an industrial park in Penn Township/Duncannon''.
       The referenced statement of managers under the heading 
     ``Community Planning and Development'' in title II of 
     division K of Public Law 110-161 is deemed to be amended by 
     striking: ``Golden Castings Foundry Demolition and Site 
     Remediation Project to raze and remediate the site of the 
     former Golden Castings Foundry for the demolition and 
     environmental remediation costs of the Golden Castings 
     foundry site'' and inserting ``To remediate the former site 
     of the Columbus Wood Treating Plant in Columbus, Indiana''.
       The referenced explanatory statement under this heading in 
     Public Law 110-161 is deemed to be amended with respect to 
     the fourth item included in the table found on page 2439 with 
     respect to amounts made available for the Springfield Boys 
     and Girls Club by striking ``Springfield Boys and Girls Club; 
     Community Center; Springfield, IL; Planning, development, 
     land acquisition, and construction costs for a new community 
     center in Springfield.'' and inserting ``City of Springfield 
     for capital costs associated with the Edwin Watts Southwind 
     Park''.
       The referenced statement of managers under the heading 
     ``Community Development Fund'' in title II of division K of 
     Public Law 110-161 is deemed to be amended by striking: 
     ``City of Charlotte, NC for land acquisition in the 
     development of the Belvedere Business Park'' and inserting 
     ``City of Charlotte, NC for development of the Belvedere 
     Business Park''.


         Community Development Loan Guarantees Program Account

       For the cost of guaranteed loans, $6,000,000, to remain 
     available until September 30, 2010, as authorized by section 
     108 of the Housing and Community Development Act of 1974 (42 
     U.S.C. 5308): Provided, That such costs, including the cost 
     of modifying such loans, shall be as defined in section 502 
     of the Congressional Budget Act of 1974: Provided further, 
     That these funds are available to subsidize total loan 
     principal, any part of which is to be guaranteed, not to 
     exceed $275,000,000, notwithstanding any aggregate limitation 
     on outstanding obligations guaranteed in section 108(k) of 
     the Housing and Community Development Act of 1974, as 
     amended.


                       brownfields redevelopment

       For competitive economic development grants, as authorized 
     by section 108(q) of the Housing and Community Development 
     Act of 1974, as amended, for Brownfields redevelopment 
     projects, $10,000,000, to remain available until September 
     30, 2010: Provided, That no funds made available under this 
     heading may be used to establish loan loss reserves for the 
     section 108 Community Development Loan Guarantee program.


                  HOME Investment Partnerships Program

                     (including transfer of funds)

       For the HOME investment partnerships program, as authorized 
     under title II of the Cranston-Gonzalez National Affordable 
     Housing Act, as amended, $1,825,000,000, to remain available 
     until September 30, 2011, of which not to exceed $4,200,000 
     may be transferred to the Working Capital Fund: Provided, 
     That up to $12,000,000 shall be available for technical 
     assistance: Provided further, That, in prior appropriations 
     Acts for Community Housing Development Organizations 
     technical assistance, and that still remain available, may be 
     used for HOME technical assistance notwithstanding the 
     purposes for which such amounts were appropriated.


        self-help and assisted homeownership opportunity program

       For the Self-Help and Assisted Homeownership Opportunity 
     Program, as authorized under section 11 of the Housing 
     Opportunity Program Extension Act of 1996, as amended, 
     $64,000,000 to remain available until September 30, 2011: 
     Provided, That of the total amount provided under this 
     heading, $26,500,000 shall be made available to the Self-Help 
     and Assisted Homeownership Opportunity Program as authorized 
     under section 11 of the Housing Opportunity Program Extension 
     Act of 1996, as amended: Provided further, That $34,000,000 
     shall be made available for the second, third and fourth 
     capacity building activities authorized under section 4(a) of 
     the HUD Demonstration Act of 1993 (42 U.S.C. 9816 note), of 
     which not less than $5,000,000 may be made available for 
     rural capacity building activities: Provided further, That 
     $3,500,000 shall be made available for capacity building 
     activities as authorized in sections 6301 through 6305 of 
     Public Law 110-246.

[[Page 5732]]




                       Homeless Assistance Grants

                     (including transfer of funds)

       For the emergency shelter grants program as authorized 
     under subtitle B of title IV of the McKinney-Vento Homeless 
     Assistance Act, as amended; the supportive housing program as 
     authorized under subtitle C of title IV of such Act; the 
     section 8 moderate rehabilitation single room occupancy 
     program as authorized under the United States Housing Act of 
     1937, as amended, to assist homeless individuals pursuant to 
     section 441 of the McKinney-Vento Homeless Assistance Act; 
     and the shelter plus care program as authorized under 
     subtitle F of title IV of such Act, $1,677,000,000, of which 
     $1,672,000,000 shall remain available until September 30, 
     2011, and of which $5,000,000 shall remain available until 
     expended for rehabilitation projects with 10-year grant 
     terms: Provided, That of the amount provided, $10,000,000 
     shall be made available to conduct a demonstration program on 
     the prevention of homelessness among the Nation's veterans: 
     Provided further, That the Secretary shall work in 
     coordination with the Department of Veterans Affairs and the 
     Department of Labor to select a limited number of urban and 
     rural sites in which to carry out this demonstration: 
     Provided further, That in selecting sites, the Secretary 
     shall evaluate the rate of homelessness among veterans in the 
     area, and the experience of the grantees in coordinating with 
     Department of Veterans Affairs and the Department of Labor to 
     enable veterans to access mainstream programs: Provided 
     further, That of the sites selected, up to three shall have a 
     high number of service members separating from the military 
     and transitioning into civilian life: Provided further, That 
     the Secretary shall also select up to four sites located in 
     rural areas to evaluate how to effectively serve veterans in 
     rural areas, many of whom may have been part of the National 
     Guard, may have limited access to the Department of Veterans 
     Affairs medical centers, and may have dependent family 
     members: Provided further, That funding made available under 
     this demonstration shall be available for housing and 
     appropriate services to prevent veterans and their families 
     from becoming homeless or reduce the length of time veterans 
     and their families are homeless: Provided further, That of 
     the amounts made available under this heading, not to exceed 
     $750,000 may be available for an evaluation of this 
     demonstration: Provided further, That not less than 30 
     percent of funds made available, excluding amounts provided 
     for renewals under the shelter plus care program, shall be 
     used for permanent housing for individuals and families: 
     Provided further, That all funds awarded for services shall 
     be matched by not less than 25 percent in funding by each 
     grantee: Provided further, That for all match requirements 
     applicable to funds made available under this heading for 
     this fiscal year and prior years, a grantee may use (or could 
     have used) as a source of match funds other funds 
     administered by the Secretary and other Federal agencies 
     unless there is (or was) a specific statutory prohibition on 
     any such use of any such funds: Provided further, That the 
     Secretary shall renew on an annual basis expiring contracts 
     or amendments to contracts funded under the shelter plus care 
     program if the program is determined to be needed under the 
     applicable continuum of care and meets appropriate program 
     requirements and financial standards, as determined by the 
     Secretary: Provided further, That all awards of assistance 
     under this heading shall be required to coordinate and 
     integrate homeless programs with other mainstream health, 
     social services, and employment programs for which homeless 
     populations may be eligible, including Medicaid, State 
     Children's Health Insurance Program, Temporary Assistance for 
     Needy Families, Food Stamps, and services funding through the 
     Mental Health and Substance Abuse Block Grant, Workforce 
     Investment Act, and the Welfare-to-Work grant program: 
     Provided further, That up to $8,000,000 of the funds 
     appropriated under this heading shall be available for the 
     national homeless data analysis project and technical 
     assistance: Provided further, That of the total amount made 
     available under this heading, not to exceed $2,675,000 may be 
     transferred to the Working Capital Fund: Provided further, 
     That $3,000,000 of the funds appropriated under this heading 
     shall be used to conduct research on homeless issues, 
     including homeless prevention and youth homelessness: 
     Provided further, That all balances for Shelter Plus Care 
     renewals previously funded from the Shelter Plus Care Renewal 
     account and transferred to this account shall be available, 
     if recaptured, for Shelter Plus Care renewals in fiscal year 
     2009: Provided further, That this heading in the Department 
     of Housing and Urban Development Appropriations Act, 2008 is 
     amended by inserting the following new proviso after the 
     third proviso: ``Provided further, That the Secretary may 
     renew grants made under this demonstration program and may 
     treat such original grants and any such renewal grants as if 
     these grants were made under the supportive housing 
     program:''.

                            Housing Programs


                    Project-Based Rental Assistance

                     (including transfer of funds)

       For activities and assistance for the provision of project-
     based subsidy contracts under the United States Housing Act 
     of 1937 (42 U.S.C. 1437 et seq.) (``the Act''), not otherwise 
     provided for, $7,100,000,000, to remain available until 
     expended, shall be available on October 1, 2008, and 
     $400,000,000, to remain available until expended, shall be 
     available on October 1, 2009: Provided, That the amounts made 
     available under this heading are provided as follows:
       (1) $6,868,000,000 shall be available for expiring or 
     terminating section 8 project-based subsidy contracts 
     (including section 8 moderate rehabilitation contracts), for 
     amendments to section 8 project-based subsidy contracts 
     (including section 8 moderate rehabilitation contracts), for 
     contracts entered into pursuant to section 441 of the 
     McKinney-Vento Homeless Assistance Act (42 U.S.C. 11401), for 
     renewal of section 8 contracts for units in projects that are 
     subject to approved plans of action under the Emergency Low 
     Income Housing Preservation Act of 1987 or the Low-Income 
     Housing Preservation and Resident Homeownership Act of 1990, 
     and for administrative and other expenses associated with 
     project-based activities and assistance funded under this 
     paragraph.
       (2) Up to $232,000,000 shall be available for performance-
     based contract administrators for section 8 project-based 
     assistance: Provided, That the Secretary of Housing and Urban 
     Development may also use such amounts for performance-based 
     contract administrators for the administration of: interest 
     reduction payments pursuant to section 236(a) of the National 
     Housing Act (12 U.S.C. 1715z-1(a)); rent supplement payments 
     pursuant to section 101 of the Housing and Urban Development 
     Act of 1965 (12 U.S.C. 1701s); section 236(f)(2) rental 
     assistance payments (12 U.S.C. 1715z-1(f)(2)); project rental 
     assistance contracts for the elderly under section 202(c)(2) 
     of the Housing Act of 1959 (12 U.S.C. 1701q); project rental 
     assistance contracts for supportive housing for persons with 
     disabilities under section 811(d)(2) of the Cranston-Gonzalez 
     National Affordable Housing Act (42 U.S.C. 8013(d)(2)); 
     project assistance contracts pursuant to section 202(h) of 
     the Housing Act of 1959 (Public Law 86-372; 73 Stat. 667); 
     and loans under section 202 of the Housing Act of 1959 
     (Public Law 86-372; 73 Stat. 667).
       (3) Not to exceed $10,000,000 provided under this heading 
     may be transferred to the Working Capital Fund.
       (4) Amounts recaptured under this heading, the heading 
     ``Annual Contributions for Assisted Housing'', or the heading 
     ``Housing Certificate Fund'' may be used for renewals of or 
     amendments to section 8 project-based contracts or for 
     performance-based contract administrators, notwithstanding 
     the purposes for which such amounts were appropriated.


                        Housing for the Elderly

                     (including transfer of funds)

       For capital advances, including amendments to capital 
     advance contracts, for housing for the elderly, as authorized 
     by section 202 of the Housing Act of 1959, as amended, and 
     for project rental assistance for the elderly under section 
     202(c)(2) of such Act, including amendments to contracts for 
     such assistance and renewal of expiring contracts for such 
     assistance for up to a 1-year term, and for supportive 
     services associated with the housing, $765,000,000, to remain 
     available until September 30, 2012, of which up to 
     $626,400,000 shall be for capital advance and project-based 
     rental assistance awards: Provided, That, of the amount 
     provided under this heading, up to $90,000,000 shall be for 
     service coordinators and the continuation of existing 
     congregate service grants for residents of assisted housing 
     projects, and of which up to $25,000,000 shall be for grants 
     under section 202b of the Housing Act of 1959 (12 U.S.C. 
     1701q-2) for conversion of eligible projects under such 
     section to assisted living or related use and for substantial 
     and emergency capital repairs as determined by the Secretary: 
     Provided further, That of the amount made available under 
     this heading, $20,000,000 shall be available to the Secretary 
     of Housing and Urban Development only for making competitive 
     grants to private nonprofit organizations and consumer 
     cooperatives for covering costs of architectural and 
     engineering work, site control, and other planning relating 
     to the development of supportive housing for the elderly that 
     is eligible for assistance under section 202 of the Housing 
     Act of 1959 (12 U.S.C. 1701q): Provided further, That amounts 
     under this heading shall be available for Real Estate 
     Assessment Center inspections and inspection-related 
     activities associated with section 202 capital advance 
     projects: Provided further, That up to $2,000,000 of the 
     total amount made available under this heading shall be for 
     technical assistance to improve grant applications and to 
     facilitate the development of housing for the elderly under 
     section 202 of the Housing Act of 1959, and supportive 
     housing for persons with disabilities under section 811 of 
     the Cranston-Gonzales National Affordable Housing Act: 
     Provided further, That of the total amount made available 
     under this heading, not to exceed $1,600,000 may be 
     transferred to the Working Capital Fund: Provided further, 
     That the Secretary may waive the provisions of section

[[Page 5733]]

     202 governing the terms and conditions of project rental 
     assistance, except that the initial contract term for such 
     assistance shall not exceed 5 years in duration.


                 Housing for Persons With Disabilities

                     (including transfer of funds)

       For capital advance contracts, including amendments to 
     capital advance contracts, for supportive housing for persons 
     with disabilities, as authorized by section 811 of the 
     Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 
     8013), for project rental assistance for supportive housing 
     for persons with disabilities under section 811(d)(2) of such 
     Act, including amendments to contracts for such assistance 
     and renewal of expiring contracts for such assistance for up 
     to a 1-year term, and for supportive services associated with 
     the housing for persons with disabilities as authorized by 
     section 811(b)(1) of such Act, and for tenant-based rental 
     assistance contracts entered into pursuant to section 811 of 
     such Act, $250,000,000, of which up to $161,300,000 shall be 
     for capital advances and project-based rental assistance 
     contracts, to remain available until September 30, 2012: 
     Provided, That of the total amount made available under this 
     heading, not to exceed $1,600,000 may be transferred to the 
     Working Capital Fund: Provided further, That, of the amount 
     provided under this heading, $87,100,000 shall be for 
     amendments or renewal of tenant-based assistance contracts 
     entered into prior to fiscal year 2005 (only one amendment 
     authorized for any such contract): Provided further, That all 
     tenant-based assistance made available under this heading 
     shall continue to remain available only to persons with 
     disabilities: Provided further, That the Secretary may waive 
     the provisions of section 811 governing the terms and 
     conditions of project rental assistance and tenant-based 
     assistance, except that the initial contract term for such 
     assistance shall not exceed 5 years in duration: Provided 
     further, That amounts made available under this heading shall 
     be available for Real Estate Assessment Center inspections 
     and inspection-related activities associated with section 811 
     Capital Advance Projects.


                     Housing Counseling Assistance

       For contracts, grants, and other assistance excluding 
     loans, as authorized under section 106 of the Housing and 
     Urban Development Act of 1968, as amended, $65,000,000, 
     including up to $2,000,000 for administrative contract 
     services, to remain available until September 30, 2010: 
     Provided, That funds shall be used for providing counseling 
     and advice to tenants and homeowners, both current and 
     prospective, with respect to property maintenance, financial 
     management/literacy, and such other matters as may be 
     appropriate to assist them in improving their housing 
     conditions, meeting their financial needs, and fulfilling the 
     responsibilities of tenancy or homeownership; for program 
     administration; and for housing counselor training.


                    other assisted housing programs

                       rental housing assistance

       For amendments to contracts under section 101 of the 
     Housing and Urban Development Act of 1965 (12 U.S.C. 1701s) 
     and section 236(f)(2) of the National Housing Act (12 U.S.C. 
     1715z-1) in State-aided, non-insured rental housing projects, 
     $27,600,000, to remain available until expended.


                            Rent Supplement

                              (rescission)

       Of the amounts recaptured from terminated contracts under 
     section 101 of the Housing and Urban Development Act of 1965 
     (12 U.S.C. 1701s) and section 236 of the National Housing Act 
     (12 U.S.C. 1715z-1) $37,600,000 are rescinded.


            Payment to Manufactured Housing Fees Trust Fund

       For necessary expenses as authorized by the National 
     Manufactured Housing Construction and Safety Standards Act of 
     1974 (42 U.S.C. 5401 et seq.), up to $16,000,000, to remain 
     available until expended, of which $10,600,000 is to be 
     derived from the Manufactured Housing Fees Trust Fund: 
     Provided, That not to exceed the total amount appropriated 
     under this heading shall be available from the general fund 
     of the Treasury to the extent necessary to incur obligations 
     and make expenditures pending the receipt of collections to 
     the Fund pursuant to section 620 of such Act: Provided 
     further, That the amount made available under this heading 
     from the general fund shall be reduced as such collections 
     are received during fiscal year 2009 so as to result in a 
     final fiscal year 2009 appropriation from the general fund 
     estimated at not more than $5,400,000 and fees pursuant to 
     such section 620 shall be modified as necessary to ensure 
     such a final fiscal year 2009 appropriation: Provided 
     further, That for the dispute resolution and installation 
     programs, the Secretary of Housing and Urban Development may 
     assess and collect fees from any program participant: 
     Provided further, That such collections shall be deposited 
     into the Fund, and the Secretary, as provided herein, may use 
     such collections, as well as fees collected under section 
     620, for necessary expenses of such Act: Provided further, 
     That notwithstanding the requirements of section 620 of such 
     Act, the Secretary may carry out responsibilities of the 
     Secretary under such Act through the use of approved service 
     providers that are paid directly by the recipients of their 
     services.

                     Federal Housing Administration


               mutual mortgage insurance program account

                     (including transfers of funds)

       During fiscal year 2009, commitments to guarantee single 
     family loans insured under the Mutual Mortgage Insurance Fund 
     shall not exceed a loan principal of $315,000,000,000. During 
     fiscal year 2009, obligations to make direct loans to carry 
     out the purposes of section 204(g) of the National Housing 
     Act, as amended, shall not exceed $50,000,000: Provided, That 
     the foregoing amount shall be for loans to nonprofit and 
     governmental entities in connection with sales of single 
     family real properties owned by the Secretary and formerly 
     insured under the Mutual Mortgage Insurance Fund. For 
     administrative contract expenses, $116,000,000, of which at 
     least $46,794,000 shall, and up to $58,492,500 may, be 
     transferred to the Working Capital Fund, and of which up to 
     $7,500,000 shall be for education and outreach of FHA single 
     family loan products: Provided further, That to the extent 
     guaranteed loan commitments exceed $65,500,000,000 on or 
     before April 1, 2009, an additional $1,400 for administrative 
     contract expenses shall be available for each $1,000,000 in 
     additional guaranteed loan commitments (including a pro rata 
     amount for any amount below $1,000,000), but in no case shall 
     funds made available by this proviso exceed $30,000,000.


                general and special risk program account

       For the cost of guaranteed loans, as authorized by sections 
     238 and 519 of the National Housing Act (12 U.S.C. 1715z-3 
     and 1735c), including the cost of loan guarantee 
     modifications, as that term is defined in section 502 of the 
     Congressional Budget Act of 1974, as amended, $8,600,000, to 
     remain available until expended: Provided, That commitments 
     to guarantee loans shall not exceed $45,000,000,000 in total 
     loan principal, any part of which is to be guaranteed. Gross 
     obligations for the principal amount of direct loans, as 
     authorized by sections 204(g), 207(l), 238, and 519(a) of the 
     National Housing Act, shall not exceed $50,000,000, of which 
     not to exceed $30,000,000 shall be for bridge financing in 
     connection with the sale of multifamily real properties owned 
     by the Secretary and formerly insured under such Act; and of 
     which not to exceed $20,000,000 shall be for loans to 
     nonprofit and governmental entities in connection with the 
     sale of single-family real properties owned by the Secretary 
     and formerly insured under such Act. For administrative 
     contract expenses necessary to carry out the guaranteed and 
     direct loan programs, $48,871,000, of which at least 
     $47,871,000 shall be for administrative contracts and up to 
     $1,000,000 shall be for consumer education and outreach for 
     FHA loan products.

                Government National Mortgage Association


Guarantees of Mortgage-Backed Securities Loan Guarantee Program Account

       New commitments to issue guarantees to carry out the 
     purposes of section 306 of the National Housing Act, as 
     amended (12 U.S.C. 1721(g)), shall not exceed 
     $300,000,000,000, to remain available until September 30, 
     2010: Provided, That to the extent new guarantees of 
     mortgage-backed securities exceed $75,000,000,000 on or 
     before April 1, 2009, an additional $1,000 for administrative 
     contract expenses shall be available for each $1,000,000 in 
     additional guaranteed loan commitments (including a pro rata 
     amount for any amount below $1,000,000) but in no case shall 
     funds made available by this proviso exceed $14,000,000.

                    Policy Development and Research


                        Research and Technology

       For contracts, grants, and necessary expenses of programs 
     of research and studies relating to housing and urban 
     problems, not otherwise provided for, as authorized by title 
     V of the Housing and Urban Development Act of 1970 (12 U.S.C. 
     1701z-1 et seq.), including carrying out the functions of the 
     Secretary of Housing and Urban Development under section 
     1(a)(1)(i) of Reorganization Plan No. 2 of 1968, $58,000,000, 
     to remain available until September 30, 2010: Provided, That 
     of the funds made available under this heading, $23,000,000 
     is for grants pursuant to section 107 of the Housing and 
     Community Development Act of 1974 (42 U.S.C. 5307): Provided 
     further, That at least $1,000,000 shall be available for the 
     Secretary to conduct a comprehensive study to be managed by 
     the Office of Policy Development and Research, to analyze the 
     administrative costs necessary to carry-out the tenant-based 
     voucher program: Provided further, That of the total amount 
     made available, $2,000,000 may be made available for 
     technology directly related to disaster prone areas.

                   Fair Housing and Equal Opportunity


                        Fair Housing Activities

       For contracts, grants, and other assistance, not otherwise 
     provided for, as authorized by title VIII of the Civil Rights 
     Act of 1968, as amended by the Fair Housing Amendments Act of 
     1988, and section 561 of the Housing and Community 
     Development Act of 1987, as amended, $53,500,000, to remain 
     available until September 30, 2010, of which

[[Page 5734]]

     $27,500,000 shall be to carry out activities pursuant to such 
     section 561 of which up to $2,000,000 shall be made available 
     to carryout authorized activities to protect the public from 
     mortgage rescue scams: Provided, That notwithstanding 31 
     U.S.C. 3302, the Secretary may assess and collect fees to 
     cover the costs of the Fair Housing Training Academy, and may 
     use such funds to provide such training: Provided further, 
     That no funds made available under this heading shall be used 
     to lobby the executive or legislative branches of the Federal 
     Government in connection with a specific contract, grant or 
     loan: Provided further, That of the funds made available 
     under this heading, $500,000 shall be available to the 
     Secretary of Housing and Urban Development for the creation 
     and promotion of translated materials and other programs that 
     support the assistance of persons with limited English 
     proficiency in utilizing the services provided by the 
     Department of Housing and Urban Development.

            Office of Healthy Homes and Lead Hazard Control


                         Lead Hazard Reduction

       For the Lead Hazard Reduction Program, as authorized by 
     section 1011 of the Residential Lead-Based Paint Hazard 
     Reduction Act of 1992, $140,000,000, to remain available 
     until September 30, 2010, of which not less than $14,600,000 
     shall be for the Healthy Homes Initiative, pursuant to 
     sections 501 and 502 of the Housing and Urban Development Act 
     of 1970 that shall include research, studies, testing, and 
     demonstration efforts, including education and outreach 
     concerning lead-based paint poisoning and other housing-
     related diseases and hazards: Provided, That for purposes of 
     environmental review, pursuant to the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other 
     provisions of law that further the purposes of such Act, a 
     grant under the Healthy Homes Initiative, Operation Lead 
     Elimination Action Plan (LEAP), or the Lead Technical Studies 
     program under this heading or under prior appropriations Acts 
     for such purposes under this heading, shall be considered to 
     be funds for a special project for purposes of section 305(c) 
     of the Multifamily Housing Property Disposition Reform Act of 
     1994: Provided further, That of the total amount made 
     available under this heading, $48,000,000 shall be made 
     available on a competitive basis for areas with the highest 
     lead paint abatement needs: Provided further, That each 
     recipient of funds provided under the second proviso shall 
     make a matching contribution in an amount not less than 25 
     percent: Provided further, That the Secretary may waive the 
     matching requirement cited in the preceding proviso on a case 
     by case basis if the Secretary determines that such a waiver 
     is necessary to advance the purposes of this program: 
     Provided further, That each applicant shall submit a detailed 
     plan and strategy that demonstrates adequate capacity that is 
     acceptable to the Secretary to carry out the proposed use of 
     funds pursuant to a notice of funding availability: Provided 
     further, That amounts made available under this heading in 
     prior appropriations Acts, and that still remain available, 
     may be used for any purpose under this heading 
     notwithstanding the purpose for which such amounts were 
     appropriated: Provided further, That of the total amount made 
     available under this heading, $250,000 shall be allocated 
     through the Office of Healthy Homes and Lead Hazard Control 
     to conduct communications and outreach to potential 
     applicants to the Lead Hazard Reduction Demonstration Grant 
     program.

                     Management and Administration


                          working capital fund

       For additional capital for the Working Capital Fund (42 
     U.S.C. 3535) for the development of, modifications to, and 
     infrastructure for Department-wide information technology 
     systems, for the continuing operation and maintenance of both 
     Department-wide and program-specific information systems, and 
     for program-related development activities, $224,000,000, to 
     remain available until September 30, 2010, of which not less 
     than $4,000,000 shall be used for planning for modernizing, 
     improving and maintaining information technology applications 
     and infrastructure supporting the FHA: Provided, That any 
     amounts transferred to this Fund under this Act shall remain 
     available until expended: Provided further, That any amounts 
     transferred to this Fund from amounts appropriated by 
     previously enacted appropriations Acts or from within this 
     Act may be used only for the purposes specified under this 
     Fund, in addition to the purposes for which such amounts were 
     appropriated: Provided further, That up to $15,000,000 may be 
     transferred to this account from all other accounts in this 
     title (except for the Office of the Inspector General 
     account) that make funds available for salaries and expenses.


                      Office of Inspector General

       For necessary salaries and expenses of the Office of 
     Inspector General in carrying out the Inspector General Act 
     of 1978, as amended, $120,000,000: Provided, That the 
     Inspector General shall have independent authority over all 
     personnel issues within this office.

    General Provisions--Department of Housing and Urban Development


                    (including rescission of funds)

       Sec. 201. Fifty percent of the amounts of budget authority, 
     or in lieu thereof 50 percent of the cash amounts associated 
     with such budget authority, that are recaptured from projects 
     described in section 1012(a) of the Stewart B. McKinney 
     Homeless Assistance Amendments Act of 1988 (42 U.S.C. 1437 
     note) shall be rescinded or in the case of cash, shall be 
     remitted to the Treasury, and such amounts of budget 
     authority or cash recaptured and not rescinded or remitted to 
     the Treasury shall be used by State housing finance agencies 
     or local governments or local housing agencies with projects 
     approved by the Secretary of Housing and Urban Development 
     for which settlement occurred after January 1, 1992, in 
     accordance with such section. Notwithstanding the previous 
     sentence, the Secretary may award up to 15 percent of the 
     budget authority or cash recaptured and not rescinded or 
     remitted to the Treasury to provide project owners with 
     incentives to refinance their project at a lower interest 
     rate.
       Sec. 202. None of the amounts made available under this Act 
     may be used during fiscal year 2009 to investigate or 
     prosecute under the Fair Housing Act any otherwise lawful 
     activity engaged in by one or more persons, including the 
     filing or maintaining of a non-frivolous legal action, that 
     is engaged in solely for the purpose of achieving or 
     preventing action by a Government official or entity, or a 
     court of competent jurisdiction.
       Sec. 203. (a) Notwithstanding section 854(c)(1)(A) of the 
     AIDS Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from 
     any amounts made available under this title for fiscal year 
     2009 that are allocated under such section, the Secretary of 
     Housing and Urban Development shall allocate and make a 
     grant, in the amount determined under subsection (b), for any 
     State that--
       (1) received an allocation in a prior fiscal year under 
     clause (ii) of such section; and
       (2) is not otherwise eligible for an allocation for fiscal 
     year 2009 under such clause (ii) because the areas in the 
     State outside of the metropolitan statistical areas that 
     qualify under clause (i) in fiscal year 2009 do not have the 
     number of cases of acquired immunodeficiency syndrome (AIDS) 
     required under such clause.
       (b) The amount of the allocation and grant for any State 
     described in subsection (a) shall be an amount based on the 
     cumulative number of AIDS cases in the areas of that State 
     that are outside of metropolitan statistical areas that 
     qualify under clause (i) of such section 854(c)(1)(A) in 
     fiscal year 2009, in proportion to AIDS cases among cities 
     and States that qualify under clauses (i) and (ii) of such 
     section and States deemed eligible under subsection (a).
       (c) Notwithstanding any other provision of law, the amount 
     allocated for fiscal year 2009 under section 854(c) of the 
     AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), to the 
     City of New York, New York, on behalf of the New York-Wayne-
     White Plains, New York-New Jersey Metropolitan Division 
     (hereafter ``metropolitan division'') of the New York-Newark-
     Edison, NY-NJ-PA Metropolitan Statistical Area, shall be 
     adjusted by the Secretary of Housing and Urban Development 
     by: (1) allocating to the City of Jersey City, New Jersey, 
     the proportion of the metropolitan area's or division's 
     amount that is based on the number of cases of AIDS reported 
     in the portion of the metropolitan area or division that is 
     located in Hudson County, New Jersey, and adjusting for the 
     proportion of the metropolitan division's high incidence 
     bonus if this area in New Jersey also has a higher than 
     average per capita incidence of AIDS; and (2) allocating to 
     the City of Paterson, New Jersey, the proportion of the 
     metropolitan area's or division's amount that is based on the 
     number of cases of AIDS reported in the portion of the 
     metropolitan area or division that is located in Bergen 
     County and Passaic County, New Jersey, and adjusting for the 
     proportion of the metropolitan division's high incidence 
     bonus if this area in New Jersey also has a higher than 
     average per capita incidence of AIDS. The recipient cities 
     shall use amounts allocated under this subsection to carry 
     out eligible activities under section 855 of the AIDS Housing 
     Opportunity Act (42 U.S.C. 12904) in their respective 
     portions of the metropolitan division that is located in New 
     Jersey.
       (d) Notwithstanding any other provision of law, the amount 
     allocated for fiscal year 2009 under section 854(c) of the 
     AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to areas 
     with a higher than average per capita incidence of AIDS, 
     shall be adjusted by the Secretary on the basis of area 
     incidence reported over a 3 year period.
       Sec. 204. Except as explicitly provided in law, any grant, 
     cooperative agreement or other assistance made pursuant to 
     title II of this Act shall be made on a competitive basis and 
     in accordance with section 102 of the Department of Housing 
     and Urban Development Reform Act of 1989 (42 U.S.C. 3545).
       Sec. 205. Funds of the Department of Housing and Urban 
     Development subject to the Government Corporation Control Act 
     or section 402 of the Housing Act of 1950 shall be available, 
     without regard to the limitations on administrative expenses, 
     for legal services on a contract or fee basis, and for 
     utilizing and making payment for services and facilities of 
     the Federal National Mortgage Association, Government 
     National Mortgage

[[Page 5735]]

     Association, Federal Home Loan Mortgage Corporation, Federal 
     Financing Bank, Federal Reserve banks or any member thereof, 
     Federal Home Loan banks, and any insured bank within the 
     meaning of the Federal Deposit Insurance Corporation Act, as 
     amended (12 U.S.C. 1811-1831).
       Sec. 206. Unless otherwise provided for in this Act or 
     through a reprogramming of funds, no part of any 
     appropriation for the Department of Housing and Urban 
     Development shall be available for any program, project or 
     activity in excess of amounts set forth in the budget 
     estimates submitted to Congress.
       Sec. 207. Corporations and agencies of the Department of 
     Housing and Urban Development which are subject to the 
     Government Corporation Control Act, are hereby authorized to 
     make such expenditures, within the limits of funds and 
     borrowing authority available to each such corporation or 
     agency and in accordance with law, and to make such contracts 
     and commitments without regard to fiscal year limitations as 
     provided by section 104 of such Act as may be necessary in 
     carrying out the programs set forth in the budget for 2009 
     for such corporation or agency except as hereinafter 
     provided: Provided, That collections of these corporations 
     and agencies may be used for new loan or mortgage purchase 
     commitments only to the extent expressly provided for in this 
     Act (unless such loans are in support of other forms of 
     assistance provided for in this or prior appropriations 
     Acts), except that this proviso shall not apply to the 
     mortgage insurance or guaranty operations of these 
     corporations, or where loans or mortgage purchases are 
     necessary to protect the financial interest of the United 
     States Government.
       Sec. 208. None of the funds provided in this title for 
     technical assistance, training, or management improvements 
     may be obligated or expended unless the Secretary of Housing 
     and Urban Development provides to the Committees on 
     Appropriations a description of each proposed activity and a 
     detailed budget estimate of the costs associated with each 
     program, project or activity as part of the Budget 
     Justifications. For fiscal year 2009, the Secretary shall 
     transmit this information to the Committees by March 15, 2009 
     for 30 days of review.
       Sec. 209. The Secretary of Housing and Urban Development 
     shall provide quarterly reports to the House and Senate 
     Committees on Appropriations regarding all uncommitted, 
     unobligated, recaptured and excess funds in each program and 
     activity within the jurisdiction of the Department and shall 
     submit additional, updated budget information to these 
     Committees upon request.
       Sec. 210. (a) Notwithstanding any other provision of law, 
     the amount allocated for fiscal year 2009 under section 
     854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 
     12903(c)), to the City of Wilmington, Delaware, on behalf of 
     the Wilmington, Delaware-Maryland-New Jersey Metropolitan 
     Division (hereafter ``metropolitan division''), shall be 
     adjusted by the Secretary of Housing and Urban Development by 
     allocating to the State of New Jersey the proportion of the 
     metropolitan division's amount that is based on the number of 
     cases of AIDS reported in the portion of the metropolitan 
     division that is located in New Jersey, and adjusting for the 
     proportion of the metropolitan division's high incidence 
     bonus if this area in New Jersey also has a higher than 
     average per capita incidence of AIDS. The State of New Jersey 
     shall use amounts allocated to the State under this 
     subsection to carry out eligible activities under section 855 
     of the AIDS Housing Opportunity Act (42 U.S.C. 12904) in the 
     portion of the metropolitan division that is located in New 
     Jersey.
       (b) Notwithstanding any other provision of law, the 
     Secretary of Housing and Urban Development shall allocate to 
     Wake County, North Carolina, the amounts that otherwise would 
     be allocated for fiscal year 2009 under section 854(c) of the 
     AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to the City 
     of Raleigh, North Carolina, on behalf of the Raleigh-Cary, 
     North Carolina Metropolitan Statistical Area. Any amounts 
     allocated to Wake County shall be used to carry out eligible 
     activities under section 855 of such Act (42 U.S.C. 12904) 
     within such metropolitan statistical area.
       (c) Notwithstanding section 854(c) of the AIDS Housing 
     Opportunity Act (42 U.S.C. 12903(c)), the Secretary of 
     Housing and Urban Development may adjust the allocation of 
     the amounts that otherwise would be allocated for fiscal year 
     2009 under section 854(c) of such Act, upon the written 
     request of an applicant, in conjunction with the State(s), 
     for a formula allocation on behalf of a metropolitan 
     statistical area, to designate the State or States in which 
     the metropolitan statistical area is located as the eligible 
     grantee(s) of the allocation. In the case that a metropolitan 
     statistical area involves more than one State, such amounts 
     allocated to each State shall be in proportion to the number 
     of cases of AIDS reported in the portion of the metropolitan 
     statistical area located in that State. Any amounts allocated 
     to a State under this section shall be used to carry out 
     eligible activities within the portion of the metropolitan 
     statistical area located in that State.
       Sec. 211. The President's formal budget request for fiscal 
     year 2010, as well as the Department of Housing and Urban 
     Development's congressional budget justifications to be 
     submitted to the Committees on Appropriations of the House of 
     Representatives and the Senate, shall use the identical 
     account and sub-account structure provided under this Act.
       Sec. 212. A public housing agency or such other entity that 
     administers Federal housing assistance for the Housing 
     Authority of the county of Los Angeles, California, the 
     States of Alaska, Iowa, and Mississippi shall not be required 
     to include a resident of public housing or a recipient of 
     assistance provided under section 8 of the United States 
     Housing Act of 1937 on the board of directors or a similar 
     governing board of such agency or entity as required under 
     section (2)(b) of such Act. Each public housing agency or 
     other entity that administers Federal housing assistance 
     under section 8 for the Housing Authority of the county of 
     Los Angeles, California and the States of Alaska, Iowa and 
     Mississippi that chooses not to include a resident of Public 
     Housing or a recipient of section 8 assistance on the board 
     of directors or a similar governing board shall establish an 
     advisory board of not less than six residents of public 
     housing or recipients of section 8 assistance to provide 
     advice and comment to the public housing agency or other 
     administering entity on issues related to public housing and 
     section 8. Such advisory board shall meet not less than 
     quarterly.
       Sec. 213. (a) Notwithstanding any other provision of law, 
     subject to the conditions listed in subsection (b), for 
     fiscal years 2008 and 2009, the Secretary of Housing and 
     Urban Development may authorize the transfer of some or all 
     project-based assistance, debt and statutorily required low-
     income and very low-income use restrictions, associated with 
     one or more multifamily housing project to another 
     multifamily housing project or projects.
       (b) The transfer authorized in subsection (a) is subject to 
     the following conditions:
       (1) The number of low-income and very low-income units and 
     the net dollar amount of Federal assistance provided by the 
     transferring project shall remain the same in the receiving 
     project or projects.
       (2) The transferring project shall, as determined by the 
     Secretary, be either physically obsolete or economically non-
     viable.
       (3) The receiving project or projects shall meet or exceed 
     applicable physical standards established by the Secretary.
       (4) The owner or mortgagor of the transferring project 
     shall notify and consult with the tenants residing in the 
     transferring project and provide a certification of approval 
     by all appropriate local governmental officials.
       (5) The tenants of the transferring project who remain 
     eligible for assistance to be provided by the receiving 
     project or projects shall not be required to vacate their 
     units in the transferring project or projects until new units 
     in the receiving project are available for occupancy.
       (6) The Secretary determines that this transfer is in the 
     best interest of the tenants.
       (7) If either the transferring project or the receiving 
     project or projects meets the condition specified in 
     subsection (c)(2)(A), any lien on the receiving project 
     resulting from additional financing obtained by the owner 
     shall be subordinate to any FHA-insured mortgage lien 
     transferred to, or placed on, such project by the Secretary.
       (8) If the transferring project meets the requirements of 
     subsection (c)(2)(E), the owner or mortgagor of the receiving 
     project or projects shall execute and record either a 
     continuation of the existing use agreement or a new use 
     agreement for the project where, in either case, any use 
     restrictions in such agreement are of no lesser duration than 
     the existing use restrictions.
       (9) Any financial risk to the FHA General and Special Risk 
     Insurance Fund, as determined by the Secretary, would be 
     reduced as a result of a transfer completed under this 
     section.
       (10) The Secretary determines that Federal liability with 
     regard to this project will not be increased.
       (c) For purposes of this section--
       (1) the terms ``low-income'' and ``very low-income'' shall 
     have the meanings provided by the statute and/or regulations 
     governing the program under which the project is insured or 
     assisted;
       (2) the term ``multifamily housing project'' means housing 
     that meets one of the following conditions--
       (A) housing that is subject to a mortgage insured under the 
     National Housing Act;
       (B) housing that has project-based assistance attached to 
     the structure including projects undergoing mark to market 
     debt restructuring under the Multifamily Assisted Housing 
     Reform and Affordability Housing Act;
       (C) housing that is assisted under section 202 of the 
     Housing Act of 1959 as amended by section 801 of the 
     Cranston-Gonzales National Affordable Housing Act;
       (D) housing that is assisted under section 202 of the 
     Housing Act of 1959, as such section existed before the 
     enactment of the Cranston-Gonzales National Affordable 
     Housing Act; or
       (E) housing or vacant land that is subject to a use 
     agreement;

[[Page 5736]]

       (3) the term ``project-based assistance'' means--
       (A) assistance provided under section 8(b) of the United 
     States Housing Act of 1937;
       (B) assistance for housing constructed or substantially 
     rehabilitated pursuant to assistance provided under section 
     8(b)(2) of such Act (as such section existed immediately 
     before October 1, 1983);
       (C) rent supplement payments under section 101 of the 
     Housing and Urban Development Act of 1965;
       (D) interest reduction payments under section 236 and/or 
     additional assistance payments under section 236(f)(2) of the 
     National Housing Act; and
       (E) assistance payments made under section 202(c)(2) of the 
     Housing Act of 1959;
       (4) the term ``receiving project or projects'' means the 
     multifamily housing project or projects to which some or all 
     of the project-based assistance, debt, and statutorily 
     required use low-income and very low-income restrictions are 
     to be transferred;
       (5) the term ``transferring project'' means the multifamily 
     housing project which is transferring some or all of the 
     project-based assistance, debt and the statutorily required 
     low-income and very low-income use restrictions to the 
     receiving project or projects; and
       (6) the term ``Secretary'' means the Secretary of Housing 
     and Urban Development.
       Sec. 214. The funds made available for Native Alaskans 
     under the heading ``Native American Housing Block Grants'' in 
     title III of this Act shall be allocated to the same Native 
     Alaskan housing block grant recipients that received funds in 
     fiscal year 2005.
       Sec. 215. No funds provided under this title may be used 
     for an audit of the Government National Mortgage Association 
     that makes applicable requirements under the Federal Credit 
     Reform Act of 1990 (2 U.S.C. 661 et seq.).
       Sec. 216. (a) No assistance shall be provided under section 
     8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) 
     to any individual who--
       (1) is enrolled as a student at an institution of higher 
     education (as defined under section 102 of the Higher 
     Education Act of 1965 (20 U.S.C. 1002));
       (2) is under 24 years of age;
       (3) is not a veteran;
       (4) is unmarried;
       (5) does not have a dependent child;
       (6) is not a person with disabilities, as such term is 
     defined in section 3(b)(3)(E) of the United States Housing 
     Act of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving 
     assistance under such section 8 as of November 30, 2005; and
       (7) is not otherwise individually eligible, or has parents 
     who, individually or jointly, are not eligible, to receive 
     assistance under section 8 of the United States Housing Act 
     of 1937 (42 U.S.C. 1437f).
       (b) For purposes of determining the eligibility of a person 
     to receive assistance under section 8 of the United States 
     Housing Act of 1937 (42 U.S.C. 1437f), any financial 
     assistance (in excess of amounts received for tuition) that 
     an individual receives under the Higher Education Act of 1965 
     (20 U.S.C. 1001 et seq.), from private sources, or an 
     institution of higher education (as defined under the Higher 
     Education Act of 1965 (20 U.S.C. 1002)), shall be considered 
     income to that individual, except for a person over the age 
     of 23 with dependent children.
       Sec. 217. Notwithstanding the limitation in the first 
     sentence of section 255(g) of the National Housing Act (12 
     U.S.C. 1715z-20(g)), the Secretary of Housing and Urban 
     Development may, until September 30, 2009, insure and enter 
     into commitments to insure mortgages under section 255 of the 
     National Housing Act (12 U.S.C. 1715z-20).
       Sec. 218. Notwithstanding any other provision of law, in 
     fiscal year 2009, in managing and disposing of any 
     multifamily property that is owned or has a mortgage held by 
     the Secretary of Housing and Urban Development, the Secretary 
     shall maintain any rental assistance payments under section 8 
     of the United States Housing Act of 1937 and other programs 
     that are attached to any dwelling units in the property. To 
     the extent the Secretary determines, in consultation with the 
     tenants and the local government, that such a multifamily 
     property owned or held by the Secretary is not feasible for 
     continued rental assistance payments under such section 8 or 
     other programs, based on consideration of (1) the costs of 
     rehabilitating and operating the property and all available 
     Federal, State, and local resources, including rent 
     adjustments under section 524 of the Multifamily Assisted 
     Housing Reform and Affordability Act of 1997 (``MAHRAA'') and 
     (2) environmental conditions that cannot be remedied in a 
     cost-effective fashion, the Secretary may, in consultation 
     with the tenants of that property, contract for project-based 
     rental assistance payments with an owner or owners of other 
     existing housing properties, or provide other rental 
     assistance. The Secretary shall also take appropriate steps 
     to ensure that project-based contracts remain in effect prior 
     to foreclosure, subject to the exercise of contractual 
     abatement remedies to assist relocation of tenants for 
     imminent major threats to health and safety. After 
     disposition of any multifamily property described under this 
     section, the contract and allowable rent levels on such 
     properties shall be subject to the requirements under section 
     524 of MAHRAA.
       Sec. 219.  During fiscal year 2009, in the provision of 
     rental assistance under section 8(o) of the United States 
     Housing Act of 1937 (42 U.S.C. 1437f(o)) in connection with a 
     program to demonstrate the economy and effectiveness of 
     providing such assistance for use in assisted living 
     facilities that is carried out in the counties of the State 
     of Michigan notwithstanding paragraphs (3) and (18)(B)(iii) 
     of such section 8(o), a family residing in an assisted living 
     facility in any such county, on behalf of which a public 
     housing agency provides assistance pursuant to section 
     8(o)(18) of such Act, may be required, at the time the family 
     initially receives such assistance, to pay rent in an amount 
     exceeding 40 percent of the monthly adjusted income of the 
     family by such a percentage or amount as the Secretary of 
     Housing and Urban Development determines to be appropriate.
       Sec. 220. The Secretary of Housing and Urban Development 
     shall report quarterly to the House of Representatives and 
     Senate Committees on Appropriations on HUD's use of all sole 
     source contracts, including terms of the contracts, cost, and 
     a substantive rationale for using a sole source contract.
       Sec. 221.  Notwithstanding any other provision of law, the 
     recipient of a grant under section 202b of the Housing Act of 
     1959 (12 U.S.C. 1701q-2) after December 26, 2000, in 
     accordance with the unnumbered paragraph at the end of 
     section 202(b) of such Act, may, at its option, establish a 
     single-asset nonprofit entity to own the project and may lend 
     the grant funds to such entity, which may be a private 
     nonprofit organization described in section 831 of the 
     American Homeownership and Economic Opportunity Act of 2000.
       Sec. 222. (a) The amounts provided under the subheading 
     ``Program Account'' under the heading ``Community Development 
     Loan Guarantees'' may be used to guarantee, or make 
     commitments to guarantee, notes, or other obligations issued 
     by any State on behalf of non-entitlement communities in the 
     State in accordance with the requirements of section 108 of 
     the Housing and Community Development Act of 1974: Provided, 
     That, any State receiving such a guarantee or commitment 
     shall distribute all funds subject to such guarantee to the 
     units of general local government in non-entitlement areas 
     that received the commitment.
       (b) Not later than 60 days after the date of enactment of 
     this Act, the Secretary of Housing and Urban Development 
     shall promulgate regulations governing the administration of 
     the funds described under subsection (a).
       Sec. 223. Section 24 of the United States Housing Act of 
     1937 (42 U.S.C. 1437v) is amended--
       (1) in subsection (m)(1), by striking ``2003'' and 
     inserting ``2009''; and
       (2) in subsection (o), by striking ``September 30, 2007'' 
     and inserting ``September 30, 2009''.
       Sec. 224. (a) Required Submissions for Fiscal Years 2008 
     and 2009.--
       (1) In general.--Not later than 60 days after the date of 
     enactment of this Act, the Secretary of Housing and Urban 
     Development shall submit to the relevant authorizing 
     committees and to the Committees on Appropriations of the 
     Senate and the House of Representatives for fiscal years 2008 
     and 2009--
       (A) a complete and accurate accounting of the actual 
     project-based renewal costs for project-based assistance 
     under section 8 of the United States Housing Act of 1937 (42 
     U.S.C. 1437f);
       (B) revised estimates of the funding needed to fully fund 
     all 12 months of all project-based contracts under such 
     section 8, including project-based contracts that expire in 
     fiscal year 2008 and fiscal year 2009; and
       (C) all sources of funding that will be used to fully fund 
     all 12 months of the project-based contracts for fiscal years 
     2008 and 2009.
       (2) Updated information.--At any time after the expiration 
     of the 60-day period described in paragraph (1), the 
     Secretary may submit corrections or updates to the 
     information required under paragraph (1), if upon completion 
     of an audit of the project-based assistance program under 
     section 8 of the United States Housing Act of 1937 (42 U.S.C. 
     1437f), such audit reveals additional information that may 
     provide Congress a more complete understanding of the 
     Secretary's implementation of the project-based assistance 
     program under such section 8.
       (b) Required Submissions for Fiscal Year 2010.--As part of 
     the Department of Housing and Urban Development's budget 
     request for fiscal year 2010, the Secretary of Housing and 
     Urban Development shall submit to the relevant authorizing 
     committees and to the Committees on Appropriations of the 
     Senate and the House of Representatives complete and detailed 
     information, including a project-by-project analysis, that 
     verifies that such budget request will fully fund all 
     project-based contracts under section 8 of the United States 
     Housing Act of 1937 (42 U.S.C. 1437f) in fiscal year 2010, 
     including expiring project-based contracts.
       Sec. 225. Public housing agencies that own and operate 400 
     or fewer public housing units may elect to be exempt from any 
     asset management requirement imposed by the Secretary of 
     Housing and Urban Development in

[[Page 5737]]

     connection with the operating fund rule: Provided, That an 
     agency seeking a discontinuance of a reduction of subsidy 
     under the operating fund formula shall not be exempt from 
     asset management requirements.
       Sec. 226.  With respect to the use of amounts provided in 
     this Act and in future Acts for the operation, capital 
     improvement and management of public housing as authorized by 
     sections 9(d) and 9(e) of the United States Housing Act of 
     1937 (42 U.S.C. 1437g(d) and (e)), the Secretary shall not 
     impose any requirement or guideline relating to asset 
     management that restricts or limits in any way the use of 
     capital funds for central office costs pursuant to section 
     9(g)(1) or 9(g)(2) of the United States Housing Act of 1937 
     (42 U.S.C. 1437g(g)(1), (2)): Provided, however, that a 
     public housing agency may not use capital funds authorized 
     under section 9(d) for activities that are eligible under 
     section 9(e) for assistance with amounts from the operating 
     fund in excess of the amounts permitted under section 9(g)(1) 
     or 9(g)(2).
       Sec. 227.  The Secretary of Housing and Urban Development 
     shall report quarterly to the House of Representatives and 
     Senate Committees on Appropriations on the status of all 
     section 8 project-based housing, including the number of all 
     project-based units by region as well as an analysis of all 
     federally subsidized housing being refinanced under the Mark-
     to-Market program. The Secretary shall in the report identify 
     all existing units maintained by region as section 8 project-
     based units and all project-based units that have opted out 
     of section 8 or have otherwise been eliminated as section 8 
     project-based units. The Secretary shall identify in detail 
     and by project all the efforts made by the Department to 
     preserve all section 8 project-based housing units and all 
     the reasons for any units which opted out or otherwise were 
     lost as section 8 project-based units. Such analysis shall 
     include a review of the impact of the loss of any subsidized 
     units in that housing marketplace, such as the impact of cost 
     and the loss of available subsidized, low-income housing in 
     areas with scarce housing resources for low-income families.
       Sec. 228. Section 683(2) of the Housing and Community 
     Development Act of 1992 (42 U.S.C. 13641(2)) is amended--
       (1) in subparagraph (F), by striking ``and'';
       (2) in subparagraph (G) by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding a new subparagraph (H) as follows:
       ``(H) housing that is assisted under section 811 of the 
     Cranston-Gonzalez Affording Housing Act (42 U.S.C. 8013).''.
       Sec. 229. The Home Investment Partnerships Act (42 U.S.C. 
     12721 et seq.) is amended--
       (1) in section 233(d)(1) by striking ``20'' and inserting 
     ``40'';
       (2) in section 233(e) by striking ``40'' and inserting 
     ``25'';
       (3) in section 243(b), in the second sentence, by striking 
     ``20'' and inserting ``40''; and
       (4) in section 271(i) by striking ``Act after December 31, 
     2007'' and inserting ``section after December 31, 2011''.
       Sec. 230. No official or employee of the Department of 
     Housing and Urban Development shall be designated as an 
     allotment holder unless the Office of the Chief Financial 
     Officer has determined that such allotment holder has 
     implemented an adequate system of funds control and has 
     received training in funds control procedures and directives. 
     The Chief Financial Officer shall ensure that, not later than 
     90 days after the date of enactment of this Act, a trained 
     allotment holder shall be designated for each HUD subaccount 
     under the headings ``Executive Direction'' and 
     ``Administration, Operations, and Management'' as well as 
     each account receiving appropriations for ``personnel 
     compensation and benefits'' within the Department of Housing 
     and Urban Development.
       Sec. 231. Payment of attorney fees in program-related 
     litigation must be paid from individual program office 
     personnel benefits and compensation funding. The annual 
     budget submission for program office personnel benefit and 
     compensation funding must include program-related litigation 
     costs for attorney fees as a separate line item request.
       Sec. 232. Of the unobligated balances remaining from funds 
     appropriated under the heading ``Tenant-Based Rental 
     Assistance'' under the Department of Housing and Urban 
     Development Appropriations Act, 2008, $750,000,000 are 
     rescinded from the $4,158,000,000 which are available on 
     October 1, 2008. Such amount shall be derived from reductions 
     to public housing agencies' calendar year 2009 allocations 
     based on amounts in public housing agencies' net restricted 
     assets accounts (in accordance with VMS data in calendar year 
     2008 that is verifiable and complete), as determined by the 
     Secretary.
       Sec. 233.  The Secretary of the Department of Housing and 
     Urban Development shall for Fiscal Year 2009 and thereafter, 
     notify the public through the Federal Register and other 
     means, as determined appropriate, of the issuance of a notice 
     of the availability of assistance or notice of funding 
     availability (NOFA) for any program or discretionary fund 
     administered by the Secretary that is to be competitively 
     awarded. Notwithstanding any other provision of law, for 
     Fiscal Year 2009 and thereafter, the Secretary may make the 
     NOFA available only on the Internet at the appropriate 
     government website or websites or through other electronic 
     media, as determined by the Secretary.
       Sec. 234. Prepayment and Refinancing. (a) Approval of 
     Prepayment of Debt.--Upon request of the project sponsor of a 
     project assisted with a loan under section 202 of the Housing 
     Act of 1959 (as in effect before the enactment of the 
     Cranston-Gonzalez National Affordable Housing Act), for which 
     the Secretary's consent to prepayment is required, the 
     Secretary shall approve the prepayment of any indebtedness to 
     the Secretary relating to any remaining principal and 
     interest under the loan as part of a prepayment plan under 
     which--
       (1) the project sponsor agrees to operate the project until 
     the maturity date of the original loan under terms at least 
     as advantageous to existing and future tenants as the terms 
     required by the original loan agreement or any project-based 
     rental assistance payments contract under section 8 of the 
     United States Housing Act of 1937 (or any other project-based 
     rental housing assistance programs of the Department of 
     Housing and Urban Development, including the rent supplement 
     program under section 101 of the Housing and Urban 
     Development Act of 1965 (12 U.S.C. 1701s)) or any successor 
     project-based rental assistance program, except as provided 
     by subsection (a)(2)(B); and
       (2) the prepayment may involve refinancing of the loan if 
     such refinancing results --
       (A) in a lower interest rate on the principal of the loan 
     for the project and in reductions in debt service related to 
     such loan; or
       (B) in the case of a project that is assisted with a loan 
     under such section 202 carrying an interest rate of 6 percent 
     or lower, a transaction under which
       (i) the project owner shall address the physical needs of 
     the project;
       (ii) the prepayment plan for the transaction, including the 
     refinancing, shall meet a cost benefit analysis, as 
     established by the Secretary, that the benefit of the 
     transaction outweighs the cost of the transaction including 
     any increases in rent charged to unassisted tenants;
       (iii) the overall cost for providing rental assistance 
     under section 8 for the project (if any) is not increased, 
     except, upon approval by the Secretary to--

       (I) mark-up-to-market contracts pursuant to section 
     524(a)(3) of the Multifamily Assisted Housing Reform and 
     Affordability Act (42 U.S.C. 1437f note), as such section is 
     carried out by the Secretary for properties owned by 
     nonprofit organizations; or
       (II) mark-up-to-budget contracts pursuant to section 
     524(a)(4) of the Multifamily Assisted Housing Reform and 
     Affordability Act (42 U.S.C. 1437f note), as such section is 
     carried out by the Secretary for properties owned by eligible 
     owners ( as such term is defined in section 202(k) of the 
     Housing Act of 1959 (12 U.S.C. 1701q(k));

       (iv) the project owner may charge tenants rent sufficient 
     to meet debt service payments and operating cost 
     requirements, as approved by the Secretary, if project-based 
     rental assistance is not available or is insufficient for the 
     debt service and operating cost of the project after 
     refinancing. Such approval by the Secretary--

       (I) shall be the basis for the owner to agree to terminate 
     the project-based rental assistance contract that is 
     insufficient for the debt service and operating cost of the 
     project after refinancing; and
       (II) shall be an eligibility event for the project for 
     purposes of section 8(t) of the United States Housing Act of 
     1937 (42 U.S.C. 1437f(t));

       (v) units to be occupied by tenants assisted under section 
     8(t) of the United States Housing Act of 1937 (42 U.S.C. 
     1437f(t)) shall, upon termination of the occupancy of such 
     tenants, become eligible for project-based assistance under 
     section 8(o)(13) of the United States Housing Act of 1937 (42 
     U.S.C. 1437f(o)(13)) without regard to the percentage 
     limitations provided in such section; and
       (vi) there shall be a use agreement of 20 years from the 
     date of the maturity date of the original 202 loan for all 
     units, including units to be occupied by tenants assisted 
     under section 8(t) of the United States Housing Act of 1937 
     (42 U.S.C. 1437f(t)).
       Sec. 235. Use of Surplus Federal Property for the Homeless. 
     No property identified by the Secretary of Housing and Urban 
     Development as surplus Federal property for use to assist the 
     homeless shall be made available to any homeless group unless 
     the group is a member in good standing under any of HUD's 
     homeless assistance programs or is in good standing with any 
     other program which receives funds from any other Federal or 
     State agency or entity: Provided, That an exception may be 
     made for an entity not involved with Federal homeless 
     programs to use surplus Federal property for the homeless 
     only after the Secretary or another responsible Federal 
     agency has fully and comprehensively reviewed all relevant 
     finances of the entity, the track record of the entity in 
     assisting the homeless, the ability of the entity to manage 
     the property, including all costs, the ability of the entity 
     to administer homeless programs in a manner that is effective 
     to meet the needs of the homeless population that is expected 
     to use the property and any other related issues

[[Page 5738]]

     that demonstrate a commitment to assist the homeless: 
     Provided further, That the Secretary shall not require the 
     entity to have cash in hand in order to demonstrate financial 
     ability but may rely on the entity's prior demonstrated 
     fundraising ability or commitments for in-kind donations of 
     goods and services: Provided further, That the Secretary 
     shall make all such information and its decision regarding 
     the award of the surplus property available to the committees 
     of jurisdiction, including a full justification of the 
     appropriateness of the use of the property to assist the 
     homeless as well as the appropriateness of the group seeking 
     to obtain the property to use such property to assist the 
     homeless: Provided further, That, this section shall apply to 
     properties in fiscal year 2008 and 2009 made available as 
     surplus Federal property for use to assist the homeless.
       Sec. 236. The Secretary of Housing and Urban Development 
     shall increase, pursuant to this section, the number of 
     Moving-to-Work agencies authorized under section 204, title 
     II, of the Departments of Veterans Affairs and Housing and 
     Urban Development and Independent Agencies Appropriations 
     Act, 1996 (Public Law 104-134; 110 Stat. 1321-281) by adding 
     to the program three Public Housing Agencies that meet the 
     following requirements: is a High Performing Agency under the 
     Public Housing Assessment System (PHAS) and is a HOPE VI 
     agency. No PHA shall be granted this designation through this 
     section that administers in excess of 5,000 aggregate housing 
     vouchers and public housing units. No PHA granted this 
     designation through this section shall receive more funding 
     than they otherwise would have received absent this 
     designation.
       Sec. 237. Of the unobligated balances remaining from funds 
     appropriated to the Department of Housing and Urban 
     Development under the fourth paragraph under the heading 
     ``General and Special Risk Program Account'' in the 
     Department of Housing and Urban Development Appropriations 
     Act, 2008, $5,000,000 are rescinded: Provided, That with 
     respect to such discount sales referenced under such 
     paragraph, notwithstanding any other provision of law, in 
     determining the market value of any multifamily real property 
     or multifamily loan for any noncompetitive sale to a State or 
     local government, the Secretary shall in fiscal year 2009 
     consider, but not be limited to, industry standard appraisal 
     practices, including the cost of repairs needed to bring the 
     property into such condition as to satisfy minimum State and 
     local code standards and the cost of maintaining the 
     affordability restrictions imposed by the Secretary on the 
     multifamily real property or multifamily loan.
       Sec. 238. The Secretary of the Department of Housing and 
     Urban Development is authorized to transfer up to 5 percent 
     of funds appropriated for any account under this title under 
     the heading ``Personnel Compensation and Benefits'' to any 
     other account under this title under the heading ``Personnel 
     Compensation and Benefits'' only after such transfer has been 
     submitted to, and received prior written approval by, the 
     House and Senate Committees on Appropriations: Provided, 
     That, no appropriation for any such account shall be 
     increased or decreased by more than 10 percent by all such 
     transfers.
       Sec. 239. The Disaster Housing Assistance Programs, 
     administered by the Department of Housing and Urban 
     Development, shall be considered a ``program of the 
     Department of Housing and Urban Development'' under section 
     904 of the McKinney Act for the purpose of income 
     verifications and matching.
        This title may be cited as the ``Department of Housing and 
     Urban Development Appropriations Act, 2009''.

                               TITLE III

                            RELATED AGENCIES

       Architectural and Transportation Barriers Compliance Board


                         Salaries and Expenses

       For expenses necessary for the Architectural and 
     Transportation Barriers Compliance Board, as authorized by 
     section 502 of the Rehabilitation Act of 1973, as amended, 
     $6,550,000: Provided, That, notwithstanding any other 
     provision of law, there may be credited to this appropriation 
     funds received for publications and training expenses.

                      Federal Maritime Commission


                         Salaries and Expenses

       For necessary expenses of the Federal Maritime Commission 
     as authorized by section 201(d) of the Merchant Marine Act, 
     1936, as amended (46 U.S.C. App. 1111), including services as 
     authorized by 5 U.S.C. 3109; hire of passenger motor vehicles 
     as authorized by 31 U.S.C. 1343(b); and uniforms or 
     allowances therefor, as authorized by 5 U.S.C. 5901-5902, 
     $22,800,000: Provided, That not to exceed $2,000 shall be 
     available for official reception and representation expenses.

                  National Transportation Safety Board


                         Salaries and Expenses

       For necessary expenses of the National Transportation 
     Safety Board, including hire of passenger motor vehicles and 
     aircraft; services as authorized by 5 U.S.C. 3109, but at 
     rates for individuals not to exceed the per diem rate 
     equivalent to the rate for a GS-15; uniforms, or allowances 
     therefor, as authorized by law (5 U.S.C. 5901-5902) 
     $91,000,000, of which not to exceed $2,000 may be used for 
     official reception and representation expenses. The amounts 
     made available to the National Transportation Safety Board in 
     this Act include amounts necessary to make lease payments due 
     in fiscal year 2009 only, on an obligation incurred in fiscal 
     year 2001 for a capital lease. Of the funds provided, up to 
     $100,000 shall be provided through reimbursement to the 
     Department of Transportation's Office of Inspector General to 
     audit the National Transportation Safety Board's financial 
     statements.


                              (rescission)

       Of the available unobligated balances made available under 
     this heading in Public Law 106-246, $671,275 are rescinded.

                 Neighborhood Reinvestment Corporation


          Payment to the Neighborhood Reinvestment Corporation

       For payment to the Neighborhood Reinvestment Corporation 
     for use in neighborhood reinvestment activities, as 
     authorized by the Neighborhood Reinvestment Corporation Act 
     (42 U.S.C. 8101-8107), $131,000,000, of which $5,000,000 
     shall be for a multi-family rental housing program: Provided, 
     That of the amounts made available under this heading, 
     $6,000,000 shall be made available to conduct a consumer 
     mortgage public education campaign: Provided further, That 
     funding amounts provided under the previous proviso shall be 
     available for campaign development, production, and outreach 
     activities.
       For an additional amount, $50,000,000 shall be made 
     available until expended to the Neighborhood Reinvestment 
     Corporation for mortgage foreclosure mitigation activities, 
     under the following terms and conditions:
       (1) The Neighborhood Reinvestment Corporation (``NRC''), 
     shall make grants to counseling intermediaries approved by 
     the Department of Housing and Urban Development (HUD) (with 
     match to be determined by the NRC based on affordability and 
     the economic conditions of an area; a match also may be 
     waived by the NRC based on the aforementioned conditions) to 
     provide mortgage foreclosure mitigation assistance primarily 
     to States and areas with high rates of defaults and 
     foreclosures primarily in the subprime housing market to help 
     eliminate the default and foreclosure of mortgages of owner-
     occupied single-family homes that are at risk of such 
     foreclosure. Other than areas with high rates of defaults and 
     foreclosures, grants may also be provided to approved 
     counseling intermediaries based on a geographic analysis of 
     the Nation by the NRC which determines where there is a 
     prevalence of subprime mortgages that are risky and likely to 
     fail, including any trends for mortgages that are likely to 
     default and face foreclosure. A State Housing Finance Agency 
     may also be eligible where the State Housing Finance Agency 
     meets all the requirements under this paragraph. A HUD-
     approved counseling intermediary shall meet certain mortgage 
     foreclosure mitigation assistance counseling requirements, as 
     determined by the NRC, and shall be approved by HUD or the 
     NRC as meeting these requirements.
       (2) Mortgage foreclosure mitigation assistance shall only 
     be made available to homeowners of owner-occupied homes with 
     mortgages in default or in danger of default. These mortgages 
     shall likely be subject to a foreclosure action and 
     homeowners will be provided such assistance that shall 
     consist of activities that are likely to prevent foreclosures 
     and result in the long-term affordability of the mortgage 
     retained pursuant to such activity or another positive 
     outcome for the homeowner. No funds made available under this 
     paragraph may be provided directly to lenders or homeowners 
     to discharge outstanding mortgage balances or for any other 
     direct debt reduction payments.
       (3) The use of Mortgage Foreclosure Mitigation Assistance 
     by approved counseling intermediaries and State Housing 
     Finance Agencies shall involve a reasonable analysis of the 
     borrower's financial situation, an evaluation of the current 
     value of the property that is subject to the mortgage, 
     counseling regarding the assumption of the mortgage by 
     another non-Federal party, counseling regarding the possible 
     purchase of the mortgage by a non-Federal third party, 
     counseling and advice of all likely restructuring and 
     refinancing strategies or the approval of a work-out strategy 
     by all interested parties.
       (4) NRC may provide up to 15 percent of the total funds 
     under this paragraph to its own charter members with 
     expertise in foreclosure prevention counseling, subject to a 
     certification by the NRC that the procedures for selection do 
     not consist of any procedures or activities that could be 
     construed as an unacceptable conflict of interest or have the 
     appearance of impropriety.
       (5) HUD-approved counseling entities and State Housing 
     Finance Agencies receiving funds under this paragraph shall 
     have demonstrated experience in successfully working with 
     financial institutions as well as borrowers facing default, 
     delinquency and foreclosure as well as documented counseling 
     capacity, outreach capacity, past successful performance and 
     positive outcomes with documented counseling plans (including 
     post mortgage foreclosure mitigation counseling), loan 
     workout agreements and loan modification agreements. NRC may 
     use other criteria

[[Page 5739]]

     to demonstrate capacity in underserved areas.
       (6) Of the total amount made available under this 
     paragraph, up to $5,000,000 may be made available to build 
     the mortgage foreclosure and default mitigation counseling 
     capacity of counseling intermediaries through NRC training 
     courses with HUD-approved counseling intermediaries and their 
     partners, except that private financial institutions that 
     participate in NRC training shall pay market rates for such 
     training.
       (7) Of the total amount made available under this 
     paragraph, up to 4 percent may be used for associated 
     administrative expenses for the NRC to carry out activities 
     provided under this section.
       (8) Mortgage foreclosure mitigation assistance grants may 
     include a budget for outreach and advertising, and training, 
     as determined by the NRC.
       (9) The NRC shall report bi-annually to the House and 
     Senate Committees on Appropriations as well as the Senate 
     Banking Committee and House Financial Services Committee on 
     its efforts to mitigate mortgage default. Such reports shall 
     identify successful strategies and methods for preserving 
     homeownership and the long-term affordability of at-risk 
     mortgages and shall include recommended efforts that will or 
     likely can assist in the success of this program as well as 
     an analysis of any policy and procedures that failed to 
     result in successful mortgage foreclosure mitigation. The 
     report shall include an analysis of the details and use of 
     any post mitigation counseling of assisted borrowers designed 
     to ensure the continued long-term affordability of the 
     mortgages which were the subject of the mortgage foreclosure 
     mitigation assistance.

           United States Interagency Council on Homelessness


                           Operating Expenses

       For necessary expenses (including payment of salaries, 
     authorized travel, hire of passenger motor vehicles, the 
     rental of conference rooms, and the employment of experts and 
     consultants under section 3109 of title 5, United States 
     Code) of the United States Interagency Council on 
     Homelessness in carrying out the functions pursuant to title 
     II of the McKinney-Vento Homeless Assistance Act, as amended, 
     $2,333,000: Provided, That no funds may be used to pay the 
     salaries and benefits of any employee of the United States 
     Interagency Council on Homelessness that spends more than 10 
     days outside of the United States while not on annual leave.
       Title II of the McKinney-Vento Homeless Assistance Act, as 
     amended, is amended in section 209 by striking ``2008'' and 
     inserting ``2010''.

                                TITLE IV

                      GENERAL PROVISIONS--THIS ACT

       Sec. 401. Such sums as may be necessary for fiscal year 
     2009 pay raises for programs funded in this Act shall be 
     absorbed within the levels appropriated in this Act or 
     previous appropriations Acts.
       Sec. 402. None of the funds in this Act shall be used for 
     the planning or execution of any program to pay the expenses 
     of, or otherwise compensate, non-Federal parties intervening 
     in regulatory or adjudicatory proceedings funded in this Act.
       Sec. 403. None of the funds appropriated in this Act shall 
     remain available for obligation beyond the current fiscal 
     year, nor may any be transferred to other appropriations, 
     unless expressly so provided herein.
       Sec. 404. The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract 
     pursuant to section 3109 of title 5, United States Code, 
     shall be limited to those contracts where such expenditures 
     are a matter of public record and available for public 
     inspection, except where otherwise provided under existing 
     law, or under existing Executive order issued pursuant to 
     existing law.
       Sec. 405. Except as otherwise provided in this Act, none of 
     the funds provided in this Act, provided by previous 
     appropriations Acts to the agencies or entities funded in 
     this Act that remain available for obligation or expenditure 
     in fiscal year 2009, or provided from any accounts in the 
     Treasury derived by the collection of fees and available to 
     the agencies funded by this Act, shall be available for 
     obligation or expenditure through a reprogramming of funds 
     that: (1) creates a new program; (2) eliminates a program, 
     project, or activity; (3) increases funds or personnel for 
     any program, project, or activity for which funds have been 
     denied or restricted by the Congress; (4) proposes to use 
     funds directed for a specific activity by either the House or 
     Senate Committees on Appropriations for a different purpose; 
     (5) augments existing programs, projects, or activities in 
     excess of $5,000,000 or 10 percent, whichever is less; (6) 
     reduces existing programs, projects, or activities by 
     $5,000,000 or 10 percent, whichever is less; or (7) creates, 
     reorganizes, or restructures a branch, division, office, 
     bureau, board, commission, agency, administration, or 
     department different from the budget justifications submitted 
     to the Committees on Appropriations or the table accompanying 
     the explanatory statement accompanying this Act, whichever is 
     more detailed, unless prior approval is received from the 
     House and Senate Committees on Appropriations: Provided, That 
     not later than 60 days after the date of enactment of this 
     Act, each agency funded by this Act shall submit a report to 
     the Committees on Appropriations of the Senate and of the 
     House of Representatives to establish the baseline for 
     application of reprogramming and transfer authorities for the 
     current fiscal year: Provided further, That the report shall 
     include: (1) a table for each appropriation with a separate 
     column to display the President's budget request, adjustments 
     made by Congress, adjustments due to enacted rescissions, if 
     appropriate, and the fiscal year enacted level; (2) a 
     delineation in the table for each appropriation both by 
     object class and program, project, and activity as detailed 
     in the budget appendix for the respective appropriation; and 
     (3) an identification of items of special congressional 
     interest: Provided further, That the amount appropriated or 
     limited for salaries and expenses for an agency shall be 
     reduced by $100,000 per day for each day after the required 
     date that the report has not been submitted to the Congress.
       Sec. 406.  Except as otherwise specifically provided by 
     law, not to exceed 50 percent of unobligated balances 
     remaining available at the end of fiscal year 2009 from 
     appropriations made available for salaries and expenses for 
     fiscal year 2009 in this Act, shall remain available through 
     September 30, 2010, for each such account for the purposes 
     authorized: Provided, That a request shall be submitted to 
     the House and Senate Committees on Appropriations for 
     approval prior to the expenditure of such funds: Provided 
     further, That these requests shall be made in compliance with 
     reprogramming guidelines under section 405 of this Act.
       Sec. 407.  All Federal agencies and departments that are 
     funded under this Act shall issue a report to the House and 
     Senate Committees on Appropriations on all sole source 
     contracts by no later than July 31, 2009. Such report shall 
     include the contractor, the amount of the contract and the 
     rationale for using a sole source contract.
       Sec. 408. (a) None of the funds made available in this Act 
     may be obligated or expended for any employee training that--
       (1) does not meet identified needs for knowledge, skills, 
     and abilities bearing directly upon the performance of 
     official duties;
       (2) contains elements likely to induce high levels of 
     emotional response or psychological stress in some 
     participants;
       (3) does not require prior employee notification of the 
     content and methods to be used in the training and written 
     end of course evaluation;
       (4) contains any methods or content associated with 
     religious or quasi-religious belief systems or ``new age'' 
     belief systems as defined in Equal Employment Opportunity 
     Commission Notice N-915.022, dated September 2, 1988; or
       (5) is offensive to, or designed to change, participants' 
     personal values or lifestyle outside the workplace.
       (b) Nothing in this section shall prohibit, restrict, or 
     otherwise preclude an agency from conducting training bearing 
     directly upon the performance of official duties.
       Sec. 409. No funds in this Act may be used to support any 
     Federal, State, or local projects that seek to use the power 
     of eminent domain, unless eminent domain is employed only for 
     a public use: Provided, That for purposes of this section, 
     public use shall not be construed to include economic 
     development that primarily benefits private entities: 
     Provided further, That any use of funds for mass transit, 
     railroad, airport, seaport or highway projects as well as 
     utility projects which benefit or serve the general public 
     (including energy-related, communication-related, water-
     related and wastewater-related infrastructure), other 
     structures designated for use by the general public or which 
     have other common-carrier or public-utility functions that 
     serve the general public and are subject to regulation and 
     oversight by the government, and projects for the removal of 
     an immediate threat to public health and safety or 
     brownsfield as defined in the Small Business Liability Relief 
     and Brownsfield Revitalization Act (Public Law 107-118) shall 
     be considered a public use for purposes of eminent domain.
       Sec. 410. None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in, this Act 
     or any other appropriations Act.
       Sec. 411. No part of any appropriation contained in this 
     Act shall be available to pay the salary for any person 
     filling a position, other than a temporary position, formerly 
     held by an employee who has left to enter the Armed Forces of 
     the United States and has satisfactorily completed his period 
     of active military or naval service, and has within 90 days 
     after his release from such service or from hospitalization 
     continuing after discharge for a period of not more than 1 
     year, made application for restoration to his former position 
     and has been certified by the Office of Personnel Management 
     as still qualified to perform the duties of his former 
     position and has not been restored thereto.
       Sec. 412. No funds appropriated pursuant to this Act may be 
     expended by an entity unless the entity agrees that in 
     expending the

[[Page 5740]]

     assistance the entity will comply with sections 2 through 4 
     of the Act of March 3, 1933 (41 U.S.C. 10a-10c, popularly 
     known as the ``Buy American Act'').
       Sec. 413. No funds appropriated or otherwise made available 
     under this Act shall be made available to any person or 
     entity that has been convicted of violating the Buy American 
     Act (41 U.S.C. 10a-10c).
       This division may be cited as the ``Transportation, Housing 
     and Urban Development, and Related Agencies Appropriations 
     Act, 2009''.

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

                    DEPARTMENT OF HOMELAND SECURITY

                      United States Secret Service


                         SALARIES AND EXPENSES

                     (including transfer of funds)

       For an additional amount for ``Salaries and Expenses'', 
     $100,000,000, to remain available until expended, to address 
     additional requirements related to the protection mission: 
     Provided, That of this amount, not to exceed $12,730,000 may 
     be transferred to ``Acquisition, Construction, Improvements, 
     and Related Expenses'' to address the deferred maintenance 
     backlog: Provided further, That the amount under this heading 
     is designated as an emergency requirement and necessary to 
     meet emergency needs pursuant to section 204(a) of S. Con. 
     Res. 21 (110th Congress) and section 301(b)(2) of S. Con. 
     Res. 70 (110th Congress), the concurrent resolutions on the 
     budget for fiscal years 2008 and 2009.

                   GENERAL PROVISIONS--THIS DIVISION

       Sec. 101. Sections 143, 144, and 145 of division A of the 
     Consolidated Security, Disaster Assistance, and Continuing 
     Appropriations Act, 2009 (Public Law 110-329; 122 Stat. 3580 
     et seq.) are each amended by striking ``the date specified in 
     section 106(3) of this joint resolution'' and inserting 
     ``September 30, 2009''.
       Sec. 102. (a) Extension of Commission on the Prevention of 
     Weapons of Mass Destruction Proliferation and Terrorism.--
     Effective as of February 1, 2009, section 1858 of the 
     Implementing Recommendations of the 9/11 Commission Act of 
     2007 (Public Law 110-53; 121 Stat. 504) is amended--
       (1) in subsection (a), by striking ``60 days after'' and 
     all that follows through the end of the subsection and 
     inserting ``on March 1, 2010.''; and
       (2) in subsection (b), by striking ``the 60-day period 
     referred to in subsection (a)'' and inserting ``the period 
     beginning on February 2, 2009, and ending on February 28, 
     2010,''.
       (b) Funding.--Of the funds provided under the heading 
     ``Operation and Maintenance, Defense-Wide'' in the Department 
     of Defense Appropriations Act, 2009 (division C of Public Law 
     110-329; 122 Stat. 3606), $1,100,000 shall be made available 
     only for purposes of the Commission on the Prevention of 
     Weapons of Mass Destruction Proliferation and Terrorism.
       Sec. 103. Notwithstanding any provision of section 
     601(a)(2) of the Legislative Reorganization Act of 1946 (2 
     U.S.C. 31(2)), the percentage adjustment scheduled to take 
     effect under any such provision in calendar year 2010 shall 
     not take effect.

  The SPEAKER pro tempore. 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.
  Mr. OBEY. Mr. Speaker, I think we've already debated this issue 
extensively. This bill is needed to fill in the gaps left in the 
existing budget for this year. It is the last of yesterday's business 
so that we can move ahead to deal with the President's expected new 
budget. I would urge support for the package.
  I reserve the balance of my time.
  Mr. LEWIS of California. Mr. Speaker, like many of my colleagues, I'm 
embarrassed by this omnibus spending bill and the process that created 
it. Even as the President talks about the need to put our economic 
house in order, this House continues to spend and spend and spend and 
spend. Clearly, the Congress has lost its way.
  Not one of the nine spending bills in this omnibus was ever 
considered by the full committee. Six of the nine bills in this package 
were never considered by the full Appropriations Committee. One more 
time we're spending hundreds of billions of dollars with no debate, no 
amendments, no Member input. Yes, clearly, this Congress has lost its 
way.
  It's now standard operating procedure that only a handful of Members 
in leadership are actually involved in writing significant legislation. 
This has been true with every supplemental spending package the House 
has considered over the last 2 years. This was true in the development 
of the $789 billion stimulus package passed by the House just 2 weeks 
ago. And, that is true once again today.
  Under this rule just adopted, Members have 1 hour to debate $410 
billion in spending, with no opportunity for amendments. That equates 
to nearly $7 billion for every minute of debate. Sadly, the vast 
majority of our Members will have no voice whatsoever in crafting this 
measure.
  The fiscal year 2009 omnibus bill contains funding for nine of the 12 
regular appropriations bills, a total of $410 billion. The new fiscal 
year began on October 1 and today, nearly 5 months later, we're jamming 
the work that should have been done last year into one massive, last-
minute, ``take-it-or-leave-it'' spending bill.
  The spending in this legislation represents a $32 billion, or 8 
percent increase over last year for the very same agencies and 
programs. With the exception of the spending boost after the September 
11 attacks, this represents the largest annual Federal Government 
spending increase since 1978.
  At the very time when our economy is forcing families to make do with 
less, Congress has embarked on the largest spending spree in our 
country's history. When combined with the three appropriations bills 
that were signed into law in September, this enacted fiscal year 2009 
budget will become our country's very first trillion dollar 
discretionary budget.

                              {time}  1415

  It comes as no surprise that the $410 billion omnibus spending bill 
contains funding for many of the same government programs that received 
funding in the $789 billion stimulus package. Stimulus funding for 
these nine spending bills totals $270 billion. When added together, the 
combined fiscal year 2009 funding for government programs in both bills 
is $680 billion--an increase of $301 billion, or an 80 percent increase 
over just last year.
  The real surprise is not the unfettered spending but the complete and 
utter failure of Congress to encourage any fiscal discipline 
whatsoever. At a time when American families are cutting unnecessary 
spending to weather the economic downturn, Congress should be doing the 
same thing. Instead, the premise of Pay-Go, or ``pay as we go'' is 
being replaced by the promise Go-Spend under this majority.
  This delirious pace of government spending goes well beyond what most 
people would consider reasonable, let alone responsible. An 8 percent--
or a $32 billion--increase in 1 year on top of the stimulus package is 
simply unnecessary and unsustainable. Balance is what we should strive 
for, providing enough money to allow the agencies to carry out their 
primary missions and to achieve real results. Our public has grown 
weary of Congress' simply throwing money at every problem in this 
country. Spending fatigue has set in.
  Mr. Speaker, as I commit to working constructively with David Obey 
this year, I encourage the majority leadership to pursue regular order 
that is inclusive of all Members so our work can once again reflect the 
bipartisan voices of this House.
  I reserve the balance of my time.


                             General Leave

  Mr. OBEY. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
to insert tabular and extraneous material on H.R. 1105.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Wisconsin?
  There was no objection.
  Mr. OBEY. I yield myself 1 minute.
  Mr. Speaker, for the last year and a half, this committee has been 
taking every reasonable action to ensure transparency in the earmarking 
process.
  As an article in today's Roll Call says, ``The disclosure system 
implemented in the 110th Congress now allows for all of these Members' 
earmarks to be located with a simple search of the online version of 
the bill, allowing for more transparency than ever.''
  One aspect of the transparency process is to list the names of every 
Member requesting an earmark. It has come

[[Page 5741]]

to our attention that a small number of earmarks with multiple sponsors 
inadvertently omitted some Members' names--a simple staff error. To 
ensure full and complete transparency, I am entering into the Record 
the additional names that should be attached to those requests. These 
are not new projects. We are simply adding additional Members' names 
who should be listed as sponsors or as cosponsors.

[[Page 5742]]

TH25FE09.001



[[Page 5743]]

TH25FE09.002



[[Page 5744]]


  Mr. OBEY. I reserve the balance of my time.
  Mr. LEWIS of California. Mr. Speaker, I yield 2 minutes to my 
colleague from New Jersey (Mr. Frelinghuysen).
  Mr. FRELINGHUYSEN. Mr. Speaker, I rise in opposition to this omnibus 
appropriations bill for many reasons, not the least of which is that 
this bill adds even more spending on top of the stimulus package that 
we just passed. As ranking member of the subcommittee on energy and 
water, I note that this bill contains just under $34 billion for 
similar accounts over and above those in the $800 billion stimulus.
  However, I do commend our chairman, Mr. Visclosky, for the open and 
participatory manner in which he develops all of our bills.
  Overall, I am pleased about the energy and water portion of this 
package. The spending levels are fairly normal for energy and water 
development, and I know that the chairman has worked hard not to make 
any major policy decisions during the change in administrations. I am 
supportive of his approach with one exception: This has to do with the 
future of our nuclear power program.
  Mr. Speaker, our national security demands that we develop a more 
balanced energy portfolio that reduces our dangerous addiction to oil. 
In years to come, we must have nuclear energy. No other technology 
provides such a clean source of baseload power. Over 20 percent of our 
Nation's energy supply comes from a nuclear source. The funding in this 
omnibus puts the future of American nuclear power in jeopardy. While 
some, including the current House and Senate leadership, may applaud 
this policy decision, I think it is a serious mistake.
  This bill significantly cuts funding to Yucca Mountain, our future 
national depository for nuclear waste. It doesn't cut it all out 
because that would eliminate jobs and local funding support for the 
project that brings help to the State of Nevada. No. The omnibus keeps 
the project on basic life support, but this bill cuts enough so that 
the future of this project is in serious doubt, and it does so without 
proposing any other solutions for nuclear disposal.
  Mr. Speaker, this seems the height of irresponsibility. I recognize 
the process that has led us to the floor of this House this afternoon 
will not allow us to have a real debate on the issue. For this and 
other reasons, I oppose this omnibus.
  Mr. Speaker, I thank the gentleman from California for the time and 
ask consent to revise and extend my remarks.
  Mr. Speaker, I rise in strong opposition to this omnibus 
appropriations bill for many reasons, not the least of which is that 
this measure adds even more spending atop a stimulus package we just 
passed.
  I also want America to know what this bill will soon do to the 
children of Washington, DC.
  In 2003, I worked with the current Minority Leader to establish a 
school voucher pilot program for the District of Columbia schools. 
Since that time, I have been proud to watch that program thrive. 
District school parents like the program because ``they believe their 
children are in safe schools, they appreciate the small class sizes, 
rich curricula and positive change in their sons and daughters.''
  These are not my words. These are the words of the Washington Post in 
an editorial endorsing the DC school voucher program on January 26, 
2008.
  However, tucked deep inside this massive omnibus appropriations bill 
is a provision that terminates this common-sense program.
  My colleagues, every child can learn if given the proper opportunity. 
This program gave children that opportunity. But no more! Parents will 
soon lose educational options for their families and children will once 
again be trapped in underperforming and failing public schools.
  Mr. Speaker, this Congress and this President are about to fail the 
children of the District of Columbia.
  America needs to know that and we should not be tucking this notion 
into the fine print of a massive $400 billion bill.
  I also rise as ranking member of the Subcommittee on Energy and Water 
to note that this bill contains just under $34 billion for similar 
accounts above and beyond the $800 billion ``stimulus.''
  However, I do commend our Chairman--Mr. Visclosky--for the open and 
participatory manner in which he develops our bills.
  Overall, I'm supportive of the Energy and Water portion of this 
package.
  This bill contains another $9.8 billion for the Department's 
stewardship of our nuclear weapon stockpile. This responsibility is 
often overlooked with all the attention on energy issues, but this is 
really a core mandate of the Department.
  There's roughly $6.5 billion appropriated for the Department's 
cleanup responsibilities. Another $6.5 billion is for the water 
projects of the Army Corps of Engineers and the Bureau of Reclamation.
  Of the $33,795,000,000, over $10.7 billion is provided for the 
Department of Energy's science and energy R&D efforts.
  The spending levels are fairly normal for energy and water 
development.
  And I know that the Chairman worked hard not to make any major policy 
changes during the change in Administrations, and I'm supportive of his 
approach with one exception. This has to do with the future of our 
nuclear power program.
  Mr. Speaker, our national security demands that we must develop a 
more balanced energy portfolio that reduces our dangerous addiction to 
imported petroleum.
  In the years to come, we must tap the promise of nuclear energy. No 
other technology provides such a clean source of baseload power. Over 
20% of our energy comes from nuclear power.
  The funding in this Omnibus puts the future of American nuclear power 
in jeopardy. While some--including the current House and Senate 
leadership--may applaud this omission, I think it's a serious mistake.
  This bill significantly cuts funding to Yucca Mountain--our future 
national depository for nuclear waste. It doesn't cut it all out, 
because that would eliminate the jobs and local funding support that 
the project brings to Nevada. No--the Omnibus keeps the project on 
``life support.''
  But this bill cuts enough so that the project is in serious doubt, 
and it does so without proposing any other solution for nuclear 
disposal.
  Mr. Speaker, this seems the height of irresponsibility.
  I recognize that the process that has led us to the floor of this 
House this afternoon will not allow us to have a real debate on this 
very real issue.
  But we must have this debate because it is so critical to our 
economic and national security.
  It's the type of issue that we were elected to solve.
  I urge defeat of the bill.
  Mr. OBEY. I continue to reserve the balance of my time.
  Mr. LEWIS of California. Mr. Speaker, I yield 2 minutes to my 
colleague from Missouri (Mrs. Emerson).
  Mrs. EMERSON. Mr. Speaker, I come to the floor today to speak on the 
Financial Services and General Government section of the omnibus.
  The bill includes $22.7 billion for this subcommittee, which is an 
increase of almost 10 percent above the fiscal year 2008 level. Nearly 
every account in the bill is funded at or above the budget request. If 
you will look closely at this $410 billion legislation, you will see 
most of the bill provides operational funding for government agencies, 
not program funding for grants or other services.
  I am very concerned that this bill focuses on the Federal bureaucracy 
at the expense of the bricks-and-mortar projects we need to fund to 
spark our economy. Even within the areas of spending on infrastructure, 
I harbor concerns.
  One example is the funding provided for the GSA. In the stimulus bill 
just passed by the House last week, GSA received $5.6 billion for the 
construction and alterations of Federal buildings. This bill provides 
GSA with another $1.4 billion for construction and alterations. In the 
last fiscal year, GSA only received a total of $1.4 billion for all of 
these activities. This year, they will receive a total of $7 billion.
  We have all had experience with GSA projects in our districts. Does 
anyone really believe they have the contracting, program management, 
building engineering expertise to effectively manage $7 billion of new 
projects in 1 year?
  I also note that the bill includes language prohibiting new District 
of Columbia students from eligibility for Opportunity Scholarships and 
stating that the program will be terminated after the 2009-2010 school 
year unless the authorization is extended. The Opportunity Scholarship 
Program provides close to 2,000 disadvantaged children the opportunity 
to attend private

[[Page 5745]]

schools in the Nation's capital. All of these students who don't have 
the means to pay private tuition beyond the 2009-2010 school year will 
be forced out of the schools they and their parents have chosen. These 
children are from some of the poorest families in the District of 
Columbia. They have average incomes of approximately $23,000 per year.
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Mr. LEWIS of California. I yield to the gentlewoman an additional 30 
seconds.
  Mrs. EMERSON. Mayor Fenty and Chancellor Rhee are to be commended for 
their heroic reform efforts. However, the D.C. public school system is 
still the only place in the country where I, personally, support school 
vouchers. D.C. is still struggling to improve student achievement and 
to address school violence. Now isn't the time to limit academic choice 
for D.C.'s poorest families. I look forward to working with Chairman 
Serrano during the coming year to ensure that the families in the 
District of Columbia have the academic opportunities they need.
  Mr. OBEY. I yield 1 minute to the distinguished gentleman from 
Indiana (Mr. Visclosky).
  Mr. VISCLOSKY. I just want to respond very briefly to my colleague 
from New Jersey (Mr. Frelinghuysen), who is our ranking member.
  I appreciate your kind words. Certainly, as we head forward to 2010, 
I look forward to the continued bipartisanship that we have enjoyed on 
the subcommittee both at a member and at a staff level.
  I simply want to address Members of the House to share my concern 
with the ranking member about the final number relative to the Yucca 
Mountain depository as far as nuclear waste. I would point out that, in 
fiscal year 2008, $286 million was provided for that project. I would 
point out that the House mark for this project was $60 million higher. 
We were at $247 million. Unfortunately, a compromise was obviously 
involved here. The figure ultimately ended up at $145 million. I am not 
happy with it. The gentleman expressed his unhappiness.
  Certainly, I want to continue to work--looking at all of these 
nuclear accounts and as a supporter of nuclear as part of the solution 
to our energy problem and climate problem--to make sure that this is 
not untoward as far as the continued progress of the industry. So I do 
appreciate and share the gentleman's concern.
  Mr. LEWIS of California. Mr. Speaker, I yield 2 minutes to the 
gentleman from Georgia (Mr. Kingston).
  Mr. KINGSTON. Mr. Speaker, last year, the American taxpayer got on 
the hook for a whole series of bailouts to huge corporations and prop-
ups for quasi-governmental organizations and hundreds of billions in 
stimulus programs. It reminds me of a layer cake, a seven-layer cake.
  When I was growing up in Athens, Georgia, I went to Alps Road 
Elementary School. On the way home every day, when I would walk home, I 
would pass the Beachwood Bakery. Sometimes they'd put a big layer cake 
in the front window. A layer cake was so cool because it would have 
chocolate and then a layer of vanilla and a layer of almond cake, and 
it was all this delicious stuff, but it was interesting because one was 
stacked on top of the other. That's what we're seeing in the Pelosi 
deficit Congress:
  Last year, a $29 billion for Bear Stearns bailout in March; $168 
billion in May for a bailout; $200 billion in July for Fannie Mae; $700 
billion in October; $85 billion for AIG in September; then this year, 
$790 billion for a stimulus package. Well, you would think that some of 
that would be coordinated with last year's appropriations bill which 
we're about to pass, but instead, it is all layered, just like that 
cake.
  If you look at this bill, there is a 13 percent increase for 
agriculture spending, 11 percent for congressional spending, 13 percent 
for transportation, and 11 percent for Commerce, State and Justice. 
Now, that sounds okay. It's a little bit out of whack with what the 
American family is going through, so that's bad. Then when you realize 
that this is not coordinated with the stimulus bill of $790 billion, 
which we just passed, if you look at that, then agriculture is actually 
up 45 percent; Commerce, State and Justice are up 41 percent; labor 91 
percent; transportation 139 percent.
  Overall, these accounts in these seven appropriations bills have gone 
up 80 percent when combined with the stimulus package, and the stimulus 
package in these areas is not something that is going to be hardcore 
job creation. There is not enough public works to it.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. LEWIS of California. I yield to the gentleman an additional 30 
seconds.
  Mr. KINGSTON. So here we are at a time when American families are 
worried about being laid off. They have seen their retirement accounts 
shrink to nothing. Many have been laid off. Many have had foreclosures. 
It is time for Congress to tighten its belt. Yet, with the passage of 
this bill and of last week's bill, we're looking at an 80 percent 
increase in these particular areas of the budget.
  I believe the proper vote today is to vote ``no.'' Send this back to 
committee. Actually let Republican members look at the bill, and try to 
redraft something that is better. Let's work together for a better 
piece of legislation.
  Mr. OBEY. I yield 1 minute to the distinguished gentleman from New 
York (Mr. Serrano).
  Mr. SERRANO. Just for clarification to the gentlewoman (Mrs. 
Emerson), the D.C. School Vouchers Program will remain in effect. It 
has been funded this year for $14 million. It remains in effect until 
June of 2010. It will then be up to the authorizing committee to speak 
to our committee as to what they want to do. It will also be up to the 
D.C. Government to tell us if they wish to continue the program. The 
program stays in effect until next June, and I think that will give us 
ample time to find out how everyone feels about the continuation of the 
program.
  Mr. Speaker, I'd like to thank Chairman Obey for yielding time so I 
can comment on the Financial Services and General Government portion of 
this bill. I'd also like to thank him for the hard work he has put into 
bringing this bill to the floor.
  The Financial Services and General Government section of this bill 
provides important funding to ensure that the Federal Government is 
more responsive to the needs of the people, and increases resources to 
ensure the agencies under this section have increased resources to 
perform important oversight roles over the operation of our banks and 
of Wall Street.
  The bill provides $22.7 billion in discretionary appropriations for 
programs within the Department of the Treasury, the Executive Office of 
the President, the Federal Judiciary, the District of Columbia, the 
General Services Administration, the Small Business Administration, and 
several smaller agencies. This bill directs funding to programs in 
these agencies where we believe money will be well spent and will 
benefit, for example, disadvantaged communities and small businesses.
  The bill also directs funding toward agencies that have important 
roles in our efforts to promote economic recovery. The American 
Recovery and Reinvestment Act included nearly $6.9 billion for agencies 
in the Financial Services bill, including the Treasury Department, the 
General Services Administration, and the Small Business Administration. 
The bill we are considering today will provide these agencies with 
funding to enable them to fully implement important recovery 
activities, such as support to small businesses and making our Federal 
buildings and vehicles more energy efficient.
  I also want to highlight briefly four important themes in the 
Financial Services bill--financial sector oversight, consumer 
protection, small business development, and election administration 
improvements.
  With respect to financial sector oversight, the bill provides funding 
increases over last year's level and the previous administration's 
requests for Treasury's Departmental Offices, information systems, and 
Inspector General. While this bill doesn't directly fund the Troubled 
Asset Relief Program, or TARP, it funds the Office of the Secretary and 
other executive leadership offices at Treasury that have central 
responsibility in making policy decisions on TARP. These funds will 
help ensure that the remaining TARP money will be distributed in an 
open and fair manner.

[[Page 5746]]

  Mr. Speaker, I also want the House to know that we have increased the 
budget for the Securities and Exchange Commission. This bill includes a 
$37 million increase over the FY 2008 level, and is above the funding 
recommendations of both the House and Senate Appropriations Committees. 
This is just a down payment toward restoring the ability of the SEC to 
vigorously oversee the financial markets, enforce securities law, and 
protect investors.
  If I might take a moment to look ahead, this subcommittee will be 
taking a hard look at those agencies that failed in their duty to 
protect our economy. Although they are under new leadership now, we 
will have important questions for them in how they conducted 
themselves, and what resources and changes are needed to ensure such a 
crisis does not occur again in the future.
  Regarding consumer protection, the Consumer Product Safety Commission 
would receive $25.4 million above the FY 2008 level. These extra funds 
will be used to continue the effort we started in the last Congress to 
restore the Commission's ability to keep unsafe products, including 
unsafe imported products, out of the marketplace. Money is also 
available in the bill for the Commission to improve the safety of pools 
and spas to prevent tragedies involving child drowning.
  Consumer protection is also important with respect to financial 
products such as mortgages and consumer loans. My subcommittee held a 
hearing last year that examined the problems relating to the subprime 
mortgage market and what the Treasury Department and the Federal Trade 
Commission could do to address this situation. Treasury's Community 
Development Financial Institutions Fund, which will receive $107 
million in this bill, or $78.4 million above the previous 
administration's request, helps to expand the availability of credit, 
capital and financial services to underserved communities throughout 
the nation, including those particularly hard hit by the credit crisis. 
The Federal Trade Commission will also receive increased funding for 
investigation and enforcement in the financial services area, including 
subprime lending investigations.
  This bill also does a great deal to support small businesses by 
including $612 million for the Small Business Administration. This 
includes $110 million for Small Business Development Centers, which is 
$13 million over the FY 2008 level. We also provide $22.5 million for 
microloans and technical assistance to the smallest companies.
  In addition, the bill funds SBA programs that target disadvantaged 
and low-income communities and entrepreneurs, including the HUBZone 
program, the PRIME program, and the 7(j) program.
  The fourth important theme is improving election administration. The 
Election Assistance Commission is a small agency that works on issues 
that are extraordinarily essential to the Nation and to voters' 
confidence that their votes are counted accurately. This bill includes 
$100 million for payments to States to help them meet the requirements 
of the Help America Vote Act of 2002, as well as additional funding for 
research and testing of voting systems. This funding will help ensure 
that elections are fair, accessible, and accurate.
  Mr. Speaker, the Financial Services section of this bill also 
includes a number of policy provisions that will address some ongoing 
congressional concerns.
  It includes, for example, a moratorium on new competitive sourcing--
also known as A-76--activities. The provision halts the previous 
administration's controversial and detrimental Federal workforce 
program so that the new Administration can consider and implement its 
own workforce policies.
  The bill also contains a provision to prohibit funds from being used 
in support of the IRS private debt collection program. Under this very 
misguided and wasteful program, the IRS allows private contractors to 
collect unpaid taxes and to keep up to 24 percent of the tax revenue 
they bring in. This program should be terminated, and the prohibition 
on funds will help ensure that the IRS better redirects their resources 
elsewhere.
  The Financial Services section also includes provisions to liberalize 
travel to Cuba for Americans who have family members living in that 
nation. There is no reason to place any restrictions on those who 
simply wish to visit their families that are still in Cuba. In 
addition, the bill contains provisions to facilitate trade with Cuba 
relating to agricultural and medical product sales.
  This section of the bill also encourages our Federal Government to 
address an important Federal worker benefit issue that has already been 
successfully dealt with by about 10,000 private sector employers, 
including more than half of the Fortune 500 companies. We have included 
report language that clearly states that, ``OPM should consider taking 
steps to extend health care benefits to Federal employees' domestic 
partners.'' It is past time for our Federal Government to take a lead 
in providing this important employee benefit.
  Mr. Speaker, the Financial Services provisions of this bill include 
many important funding and policy choices that will improve the 
services our government agencies provide to our constituents as they 
pay taxes, purchase products, vote in elections, and start small 
businesses. I urge a yes vote on this bill.
  Mr. LEWIS of California. Mr. Speaker, I yield 1 minute to the 
gentleman from California (Mr. McClintock).

                              {time}  1430

  Mr. McCLINTOCK. I thank the gentleman for yielding.
  Mr. Speaker, when it was announced that Randolph Churchill had been 
hospitalized to remove a benign growth, a rival commented, ``What a 
pity it is to remove the only part of Randolph that isn't malignant.''
  When I look at this bill, I can only remark what a pity it is to 
remove the only part of the Federal education system that actually 
works. Hidden in this mess is a provision that effectively destroys the 
Washington, D.C. Opportunity Scholarship Program. For the last 5 years, 
these vouchers have provided thousands of low-income children with the 
means for their parents to make the very same choice that our First 
Family has made for its children.
  The Washington Post, which is hardly a paragon of conservatism, 
summed it up this way in its editorial today:
  ``Many of the Democrats have never liked vouchers, and it seems they 
won't let fairness or the interests of low-income minority children 
stand in the way of their politics. But it also seems they're too 
ashamed--and with good reason--to admit to what they're doing.''
  Mr. Speaker, this bill represents the biggest expansion of 
discretionary spending since the Carter administration, but it can't 
even continue the one successful education program in the entire 
Federal Government.
  Mr. OBEY. Mr. Speaker, I reserve my time.
  Mr. LEWIS of California. I yield myself such time as I may consume.
  Mr. Speaker and my colleagues, I don't remember a time in the years 
that I've been in Congress that I've used a chart. I hope you can see 
this, but I can't see it very well.
  Charts are interesting things. The most interesting part of them is 
that the numbers change all the time. But I thought it would be very 
appropriate to follow on to the comments that Mr. Kingston had made.
  This package before us is a reflection of what has to be the worst 
possible year for the Congress in terms of their willingness to just 
throw the people's money at almost any problem around as though that is 
the solution.
  I've described this as the first--hopefully the only--trillion 
dollar-plus discretionary budget in the history of the Congress. 
Indeed, in every category of spending--the 08 year, the 09 year, adding 
on to it the omnibus package, the $800 billion package that just 
passed--we have radically increased and adjusted that which will be 
going on in government not just in the fiscal year ahead of us, but 
setting a new stage for spending that I believe could lead to 
destroying the dollar as we know it.
  If you just look at these categories. Here's in the area that has to 
do with energy and water. In that package, we have approximately--if I 
can read this thing properly--$30.9 billion in 08. In the 09 year, 
combined with the omnibus, that package goes up to $77.6 billion. That 
is a 151-percent increase in spending in this category of national 
funding, 08 to 09.
  Most outrageous is the subcommittee that is chaired by the chairman 
of our full committee, my colleague and friend from beautiful downtown 
Wisconsin. In the 08 fiscal year, the Labor, Health and Human Services 
bill spent $144.8 billion. That's not trillion or million. It's billion 
dollars.
  When you combine both the 09 spending year with the omnibus, the 
total in these categories of spending runs to $276.6 billion; a 91 
percent increase over the 08 year. Think about that. A 91 percent 
increase in the largest discretionary package in all of our spending 
outside of national defense. Absolutely, it's clear to anybody who 
could think about it.

[[Page 5747]]

  We're raising the bar, the foundation point for spending across the 
board in the Federal Government; and as we do so, we put pressure on 
spending across the board every year subsequent to the 09 year.
  So year in, year out, we're going to be breaking the bank by way of 
additional spending.
  If the public is concerned about its Federal Government--especially 
the tax-paying public who are legitimately working for a living--if 
they're worried about it, they will take a look at this chart. We'll be 
glad to make it available. It's time that we got a handle on just 
throwing money or mud at the wall--taxpayers' money, if you will.
  This trillion-dollar package is a reflection of the Congress not 
doing its work. I come to the well with this chart simply to urge 
everybody who is listening to recognize that it's time that we send a 
message to the people's House: Enough is enough. We've got to get a 
handle on this or we're going to destroy our economy.
  Indeed, the Appropriations Committee has stopped doing its work by 
way of regular order, that is, having hearings in the subcommittee, 
hearings in the full committee, coming here and having open rules. 
Instead, we're passing trillion-dollar packages with no input from the 
Members of the people's House, thereby no input for the citizens out 
there who pay our bill in the first place.
  With that, Mr. Speaker and my colleagues, I strongly urge a ``no'' 
vote on this package and urge you to help us make sense out of the way 
the system is working.
  Mr. Speaker, may I ask how much time there is on both sides.
  The SPEAKER pro tempore. The gentleman from California has 12\1/2\ 
minutes remaining. The gentleman from Wisconsin has 27 minutes 
remaining.
  Mr. OBEY. Mr. Speaker, I yield 1 minute to the distinguished 
gentleman from Indiana (Mr. Visclosky).
  Mr. VISCLOSKY. Mr. Speaker, I appreciate the recognition, and because 
the energy and water portion of the omnibus package was mentioned, I 
would point out to my colleagues that we know how to say ``no,'' to say 
``no'' for the right reason: for policy, as well as to save the 
taxpayers of this country money.
  The previous administration asked for $205 million to expand the 
Strategic Petroleum Reserve. That would essentially, at a time of high 
gas prices, put the Federal Government in competition with the 
consumer. That was a bad idea. The subcommittee and full committee said 
``no,'' and we have saved the taxpayers $205 million in this bill.
  The previous administration asked for moneys for the so-called Global 
Nuclear Energy Partnership Act. That was zeroed out in this bill. There 
were not huge, vast sums of money involved, but there were taxpayers' 
dollars that were saved and particularly in the out years because we 
did not go down that road.
  The previous administration wanted to proceed as far as the 
examination of a reliable replacement warhead absent a new nuclear 
strategy post-Cold War. It was not a good idea. We eliminated that 
money, and we saved the taxpayers of this Nation a great sum of money.
  Mr. LEWIS of California. Mr. Speaker, I yield 1 minute to the 
gentleman from New York (Mr. Lee).
  Mr. LEE of New York. Mr. Speaker, I rise to oppose this spending 
bill, and I do so in the same Chamber as last night the President spoke 
on an issue of fiscal responsibility.
  But now this Congress is about to pass another major spending bill, 
and when you look at the numbers, it's simply an embarrassment. This is 
on the heels of the largest spending bill in the United States' history 
being passed less than 2 weeks ago. This thousand-page bill is $410 
billion; nearly 9,500 earmarks--or almost 25 per Member of Congress. 
The largest 1-year increase in discretionary spending since the Carter 
administration. On top of that, this bill doubles up on spending in 
many areas already allocated through the stimulus package.
  The one number I keep coming back to is $11.5 trillion dollars. 
That's how high the nonpartisan Congressional Budget Office says the 
budget deficit will rise over the next decade under the spending 
programs enacted by this Congress. That's nearly 3\1/2\ times the 
cumulative budget deficit for the previous administration.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. LEWIS of California. I yield the gentleman an additional 30 
seconds.
  Mr. LEE of New York. More of the same irresponsible spending will not 
engineer western New York's economy from recovery or create jobs over 
the long term. Mortgaging our children's future will only drive us 
deeper into this ditch.
  It's time to change the course here in Washington. Washington has to 
start doing more with less.
  Mr. OBEY. Mr. Speaker, I continue to reserve my time.
  Mr. LEWIS of California. Mr. Speaker, I yield 3 minutes to the 
gentleman from Indiana (Mr. Pence).
  Mr. PENCE. Mr. Speaker, I rise in opposition to the Omnibus 
Appropriations Act for fiscal year 2009. During these challenging 
economic times, American families and small businesses every day are 
making sacrifices to make ends meet, and this Congress should be doing 
the same.
  With all of the talk about fiscal responsibility in this Chamber last 
night and across Capitol Hill, it is time for our Democratic colleagues 
to put our money where their mouth is. Republicans are willing to come 
together and work across the aisle and make the hard choices necessary 
to put our fiscal house in order. But today, instead of doing that, 
we're passing one more massive government spending bill.
  The Republicans believe Congress, instead, should immediately freeze 
all Federal spending at existing levels. No 8 percent increase in the 
Federal budget that's included in this bill. No earmarks. Let's just do 
what every American family is doing right now. Let's find the savings, 
let's hold the line on expenses, and let's make it through these 
difficult times.
  The $410 billion spending bill that we're considering today that the 
majority has brought to the floor includes billions in wasteful 
spending, thousands of pork-barrel projects, and an 8 percent increase 
in funding for government programs. It's the largest increase in 
discretionary spending since the years of the Carter administration, 
with the sole exception of the days following 9/11. The largest 
increase in discretionary spending in a single year since the time I 
was in high school.
  And there's provisions in this bill that undermine historic pro-life 
safeguards enshrined in our long-standing policy and law: $500 million 
for family planning organizations, language that guts the Kemp-Kasten 
provision preventing funding going to organizations that support 
coercive abortion and forced sterilization, and reduction of funding 
for community-based abstinence.
  And it's earmarking as usual in this bill. There's $1 million to 
research the red snapper in Florida, $1.9 million for the Pleasure 
Beach Water Taxi project in Connecticut, and $2 million for promoting 
astronomy in Hawaii. I ask, Mr. Speaker, are these projects really 
necessary in these challenging economic times?
  House Republicans and millions of Americans are saying enough is 
enough. Let's do what every American family, what every small business 
and family farmer is doing in these difficult times: let's hold the 
line on spending. Let's set aside this massive new omnibus spending 
bill, and let's pass immediately a spending freeze and begin the 
process of putting our house in order.
  Let's say ``no'' to an 8 percent increase in federal spending, ``no'' 
to 9,000 earmarks, and let's say ``yes'' to fiscal discipline and 
reform, and let's say ``yes'' to an immediate freeze on all Federal 
spending.
  This Congress should do no less and make no less sacrifice than every 
other American family is making in these difficult days.
  I urge a ``no'' vote on the omnibus spending bill.
  Mr. OBEY. Mr. Speaker, I yield 1 minute to the distinguished 
gentleman from Massachusetts (Mr. Olver).

[[Page 5748]]


  Mr. OLVER. I thank the gentleman for yielding.
  Mr. Speaker, I think I heard the immediate previous speaker say that 
we should freeze all expenditure at the 08 level. Well, speaker after 
speaker from the other side of the aisle have said--from what they've 
said it would seem to me they are in complete denial, utter denial, of 
where we are and why we got here.
  The fact that we have had a recession. We've been in a recession for 
at least, now, into the fifth quarter. All of that being in the budget 
year of 08, fiscal 08, and then part of 09 when we did part of our 
budget under the previous President.
  We, in that period of time, have ended up losing more than 3 million 
jobs in the 08 calendar year. We're still going to lose more jobs. 
We're still in recession, clearly in recession. And we have also been 
suffering from a foreclosure crisis where we've lost more than 3 
million homes to foreclosure.

                              {time}  1445

  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. OBEY. I yield an additional minute.
  Mr. OLVER. What that totals to is of course there is more expenditure 
when you are talking about trying to get out of a recession and a 
foreclosure crisis--which every economist, reputable economist, at 
least, that we've heard from on either side of the aisle says that the 
kind of recovery package that we have passed only 2 weeks ago was 
important to be able to put a bottom under this recession, under the 
foreclosure crisis, and such. The foreclosure crisis caused by total 
lack of any kind of regulation of the financial industry has occurred 
under their watch.
  So here we are, we have a recovery package which actually does 
increase the expenditure over what would be the normal expenditure in a 
given year. Our regular budget that we're passing is only the regular 
budget. The stimulus package is above that, and it needs to be above 
that. And they've got to stop being in denial of how we got there and 
why we're having to do this.
  Mr. LEWIS of California. Mr. Speaker, I yield 2 minutes to the 
gentleman from North Carolina (Mr. McHenry).
  Mr. McHENRY. I thank the ranking member for yielding. And I thank you 
for the opportunity, Mr. Speaker, to be here today and to talk about 
this important measure on the House floor.
  Our President came before us last night and called for a new 
foundation of lasting prosperity. And I agree, that's what we must have 
in these tough economic times. We have to come together and work across 
party lines to make that happen. Unfortunately, the spending bill on 
the House floor today goes in the opposite direction. There is nothing 
new about this foundation that they're offering, and there is nothing 
lasting in terms of prosperity that will be produced from this 
legislation.
  This is the largest increase in government spending since President 
Jimmy Carter and the malaise days of the 1970s. It was the wrong 
approach then and it is the wrong approach now. I think we need to work 
together to find a real solution.
  President Obama called last night for us to make the hard choices to 
bring down the debt. Well, if that's the case, there were no hard 
choices in this legislation before us today because it doesn't bring 
down the debt--in fact, it increases it at a rapid pace.
  In the last 3 weeks, this Congress will have passed almost $1.5 
trillion worth of spending. It's dangerous. It's dangerous because it 
will lead to high inflation, it's dangerous because it crowds out 
private capital, it's dangerous because it hurts our long-term 
prosperity and our hopes for the future.
  The American people deserve better. And that's why I encourage my 
colleagues to vote against this legislation. America can do better, and 
the American people deserve much better than this wild-eyed spending 
bill we have before us today.
  Mr. OBEY. Mr. Speaker, I yield 1 minute to the distinguished 
gentlewoman from Connecticut.
  Ms. DeLAURO. Mr. Speaker, with this bill today we are fulfilling our 
responsibility as representatives of the people to fund critical 
programs and to invest in a framework for job creation.
  We all know why we are here. The previous administration refused to 
compromise and work toward a sensible approach. While advocating for 
billions upon billions of dollars to save Wall Street, the Bush 
administration blocked every new penny for Main Street, critical 
dollars for energy research, health care, education, law enforcement 
and biomedical research. We have rejected those devastating cuts, and 
so today we have a final package that will keep the government running 
and finish last year's business.
  It should also be clear that this bill works in harmony with the 
economic recovery package, making investments that address the 
country's immediate needs while investing in our long-term economic 
strength.
  While Republicans express outrage on the floor of this House, the 
fact is that this bill is a product of bipartisan, bicameral 
negotiations. Every funding decision in this funding bill was made with 
Republican staff in the room and with their collaboration.
  This bill represents a real commitment to getting our economy back on 
track, and I urge my colleagues to support it.
  Mr. LEWIS of California. Mr. Speaker, may I inquire as to the time 
remaining on each side?
  The SPEAKER pro tempore. The gentleman from California has 6 minutes 
remaining and the gentleman from Wisconsin has 23 minutes remaining.
  Mr. LEWIS of California. Mr. Speaker, I yield 1 minute to the 
gentleman from Ohio (Mr. Boehner).
  Mr. BOEHNER. Let me thank my colleague from California for yielding.
  And I think all of my colleagues know that American families and 
small businesses are struggling, they're tightening their belt. And 
what are we doing here? We're bringing nine appropriation bills to the 
floor all wrapped into one big bill, 8 percent over the amount spent 
last year, including some 9,000 earmarks. I just think this is out of 
control.
  This is exactly what the American people want us to change. And after 
spending all kinds of unnecessary money in the so-called ``stimulus'' 
bill, now we see these big increases in the bill before us. And that's 
why my Republican colleagues and I suggested that we ought to have a 
spending freeze. Let's just freeze spending for these agencies at last 
year's level. But our request for an amendment to have such a debate 
and vote was denied, and so here we are in a position of having to 
oppose this bill.
  One of the more hideous provisions in this bill is the effort to 
eliminate the District of Columbia Scholarship Program. Back when I was 
chairman of the Education and Workforce Committee, I worked on a 
bipartisan basis to help establish this program, and in the agreement 
that was reached, provided additional money to D.C. schools for IDEA 
and for title 1 in exchange for a $15 million program to help our 
poorest students here in the District of Columbia who are trapped in 
some of the worst schools.
  Now, this program has helped thousands of students here in the 
District of Columbia. I was at a school on Monday that has students 
there who receive money from the D.C. Scholarship Program. Their 
parents are engaged in their schools, their parents like their schools, 
and the kids are doing well. And yet, because this provision was never 
debated in committee, it was never debated in subcommittee, and we 
didn't see it until 2 days ago and somehow it showed up in this bill, 
would seek to make clear that the end of this program is going to occur 
at the end of this school year.
  Mr. Speaker and my colleagues, most of you know that I have a real 
passion for making sure that all kids in America have a chance at a 
decent education. None of us would be here if we had not had a chance 
at a decent education. And we know some of the worst schools in America 
are actually right here in the District of Columbia. And for those 
parents who have taken advantage of this program and allowed their 
children to go to real schools,

[[Page 5749]]

schools where they're cared for, schools where they get an education, 
to suggest that we ought to eliminate this program is an abomination. I 
am adamantly opposed to this provision and opposed to this bill, and 
would urge my colleagues to send a loud and clear message that we 
should vote ``no.''
  The President campaigned against this type of legislation, this 
number of earmarks. And I would hope that the President would veto this 
bill because Republicans in Congress will be here to uphold his veto of 
this piece of legislation.
  Mr. OBEY. Mr. Speaker, I yield 1 minute to the distinguished 
gentlewoman from Florida.
  Ms. WASSERMAN SCHULTZ. I thank the gentleman.
  I rise in support of this important piece of legislation and suggest 
that our good friends on the other side of the aisle are either 
suffering from some state of amnesia or maybe stuck in an alternative 
universe because it's pretty clear that the American people are 
suffering, that we are living through the worst economic crisis in 
almost any of our lifetimes. I don't know that there's anybody who is a 
Member of this Congress today that lived through the Great Depression, 
but there is an unprecedented crisis that the spending and 
appropriations in this legislation will help address beyond the 
important recovery legislation that we passed last week.
  It is critical that we invest in the quality of public education, 
that we make sure that children and the frail elderly have the services 
that they need, that we make sure that we rebuild our infrastructure, 
and that we make sure that we make an important and historic commitment 
to improving the quality of life of all Americans. That's what this 
legislation will do, and I am proud to support it.
  Mr. LEWIS of California. Mr. Speaker, I yield 2 minutes to the 
gentleman from Texas (Mr. Culberson).
  Mr. CULBERSON. I thank the gentleman for yielding.
  And I, as a member of the Appropriations Committee, take a great deal 
of pride in our work. I know that at this time of financial crisis, the 
Nation needs to have confidence that the United States Congress is 
doing its job thoughtfully and deliberatively in a way that is 
transparent and open and responsive to the American taxpayers. But to 
have that confidence in our work, we have simply got to be open and 
transparent.
  And I know that Chairman Obey is a believer in the committee process. 
I know Chairman Obey in his heart wants to do all that he can to open 
up this process and make sure that taxpayers see and hear and 
participate in the drafting of this important legislation. But yet this 
bill before us, this $400 billion spending package, is in so many ways 
representative of the process followed by the leadership of the 
Congress. The $800 billion stimulus bill, which was posted on the 
Internet only 13 hours before the vote, the public cannot have any 
confidence in our work if they can't see and hear and know what we're 
doing. And transparency today in the age of social media is so 
important.
  I cannot support this bill because we, as a public, have not been 
given a right to see it, to participate in its drafting, the committee 
process was not followed as it should have been, and it is spending 
money we do not have. Never before in history have so few spent so much 
money in so little time; over $1.3 trillion has been spent by this new 
Congress in 26 legislative days. We have, in one stroke, in this very 
short span of time, more than doubled the annual spending levels of the 
United States Government with virtually no transparency, no input from 
the public.
  The American people have been shut out from the committee process. 
The deepest, darkest hole in America is the House floor under this new 
leadership, and it's just wrong. It's not right. Let's let the sun 
shine in. Let the public in. Let the taxpayers see how their money is 
being spent. That will give the public more confidence in the process 
and give us, as the minority, a greater ability to support where we 
can.
  Mr. OBEY. Mr. Speaker, I yield 1 minute to the distinguished 
gentleman from Indiana.
  Mr. VISCLOSKY. I appreciate the gentleman yielding, and just a moment 
ago mentioned a number of programs that did not have merit, which we 
said no to. On the other hand, looking at the energy situation we face 
in the United States, it is an economic, a national security, and an 
environmental issue, and we do need to make an investment.
  New technology drives new jobs, markets, and economic opportunity, 
which is why we set $4.8 billion aside for the sciences in the Office 
of Science.
  It is a national security issue, energy is, given where we buy so 
much of our petroleum products from, which is why we decided to invest 
in new vehicle technology to the extent of $273 million so we can get 
more miles per gallon, setting aside the issue of Yucca, investing $792 
million in nuclear energy, and doing extensive biomass research.
  There is an environmental aspect to this as well, and that is why we 
set aside monies for advanced clean energy and technologies to reduce 
the impact of older fossil-based fuels.
  And finally, I would point out, given national security, we have set 
aside $1.5 billion for nuclear nonproliferation programs.
  Mr. LEWIS of California. Mr. Speaker, I yield myself so much time as 
I might consume.
  Mr. Speaker, it's a very unusual circumstance for me to do this, but 
addressing my colleague, the chairman of the full committee, 
personally, let me say that you've heard a lot from me about the fact 
that I am disconcerted about the way we got here, but nonetheless, this 
omnibus process has been a long and difficult one in development. And 
you are to be congratulated for the effort you put into this not only 
recently, but much of last year, and I have every respect for that 
effort.
  But having said that, I was joined by all of my colleagues on both 
sides of the aisle who were in attendance at the President's address 
last evening. President Obama demonstrated to all of us, as well as the 
public, his immense capability as a public communicator. In many, many 
ways he said exactly the kinds of things we need to be discussing with 
each other if we're going to get America back on track.
  President Obama urged all of us to reach out in as much 
bipartisanship, nonpartisanship as possible to make sure that we 
stimulate our economy, create jobs, leading America to a new 
opportunity in the years ahead. Following that, I would have hoped that 
the work of the House would reflect that very spirit; but, indeed, I 
mentioned earlier the omnibus package of some $800 billion that was 
just passed a couple of weeks ago, a bill that went forward with very, 
very little Member input, virtually no subcommittee work within the 
Appropriations Committee, a single hearing within the full committee, 
coming to the floor with no significant possibility of amendment, and 
yet we were literally one more time throwing the people's money in 
suggestion that we would solve problems that way. That was just 2 weeks 
ago.
  And then we came to the President's address just last night. And here 
we are, the day after that, spending another $410 billion by way of 
this omnibus package that absolutely is a reflection of the worst of 
the way the House ought to be working.

                              {time}  1500

  When we take nine bills from last year, put it in a single package, 
having no serious Member input, no subcommittee work, almost no Member 
of the House having an opportunity to provide amendments, et cetera, it 
is the worst reflection of the way this House ought to be working. 
Indeed, if we continue on this pathway, we won't just in the first 
couple of months of this session be spending $1\1/2\ trillion of the 
public's money; we will be setting the stage for undermining our 
economy for the years to come. I'm afraid unless the public gets the 
message clearly enough that they send a clear voice by way of their 
communication with their membership, we won't change this pattern. And, 
indeed, the destiny of the country will be dramatically affected by 
such misdirection.

[[Page 5750]]

  I urge the Members to express their view regarding this by way of 
voting ``no'' on the package before us.
  Mr. Speaker, I yield back the balance of my time.
  Mr. OBEY. Mr. Speaker, I yield 2 minutes to the distinguished 
gentleman from West Virginia.
  Mr. MOLLOHAN. Mr. Speaker, division B of the bill before the House 
today includes appropriations for the Departments of Commerce and 
Justice, the National Aeronautics and Space Administration, the 
National Science Foundation, and other independent and related agencies 
for fiscal year 2009.
  At the outset, Mr. Speaker, I want to thank the former ranking member 
of this subcommittee, Mr. Frelinghuysen, who I think is on the floor 
here this afternoon, for his contribution to this title. Mr. 
Frelinghuysen leaves the subcommittee this year to become the ranking 
member of the Energy and Water Subcommittee. Over the past 2 years, we 
have worked cooperatively together, and I'm very much appreciative of 
his recommendations in crafting this portion of the bill and the 
bipartisan approach he brings to his work generally. While it is with 
disappointment that he leaves our subcommittee, we are equally pleased 
to welcome Congressman Frank Wolf back to the subcommittee. Once its 
chairman, Congressman Wolf returns again this year as our ranking 
member in the 111th Congress. He too has a reputation for 
bipartisanship and the passion he brings to his work. I am pleased to 
welcome him and look forward to working with.
  Division B of the bill provides nearly $57.7 billion for programs of 
the Justice and Commerce Departments, NASA, NSF, and those related 
agencies. This level is an increase of $5.8 billion over comparable 
fiscal year 2008 levels. Programs funded within this division of the 
bill touch and enrich the lives of every American in many varied ways. 
Whether assisting the poor with legal representation; combating crime; 
and deterring terrorism and the scourge of drugs; improving and 
protecting our Nation's oceans, waters, and natural habitats; or 
enabling new discoveries in science here in our Nation's laboratories 
on Earth or in its heavens that lead to improvements in our health, 
this bill covers a broad swath. Mr. Speaker, it is important to note 
that passage of this bill provides basic operating components of all of 
those agencies and does it well.
  In closing, let me acknowledge the work of the staff. They have put 
in long hours to get us here. My thanks to the staff's director, John 
Blazey, for his outstanding performance leading an excellent staff. 
Diana Simpson, Adrienne Simonson, Tracey LaTurner, and Scott Sammis 
have each brought their considerable talents and dedication to the task 
of producing this legislation.
  Mr. Speaker, in particular let me recognize the contributions of 
Marjorie Duske. A new appropriations structure providing discrete 
appropriations for the salaries, expenses, and management of the 
Department of Justice's State and local law enforcement programs shall 
be a testament to her commitment to detail, program analysis, and 
tenacity. Marjorie worked for the House of Representatives for nearly 
18 years, the last 2 of which were on the Subcommittee on Commerce, 
Justice, Science. Marjorie is not here with us today as she has left 
the committee to begin a new opportunity in the upper body, and in a 
way returning a bit closer to her home, she now serves the senior 
Senator from Minnesota. In any event we on the committee wish her 
Godspeed and thank her for her service to the body.
  Mr. OBEY. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, I really hate to take the time, but I do think in light 
of all that's been said that one last time I need to put in context 
what it is we're doing with this bill.
  As I indicated earlier, last year we finished our international 
bills, but we reached an impasse with then President Bush because the 
President insisted that he would only sign appropriation bills that fit 
within his budget recommendations. Those budget recommendations were 
some $20 billion short of what the Congress determined when it passed 
the budget resolution that we needed to provide for those programs. If 
we had simply acquiesced in President Bush's programs, we would have 
cut the Job Corps, we would have eliminated Employment Service grants, 
we would have cut senior jobs by $172 million, we would have eliminated 
vocational education programs, we would have eliminated three student 
aid programs including the Perkins loan program, we would have funded 
the highway infrastructure at $800 million below the level guaranteed 
in the authorization, we would have cut airport modernization grants by 
22 percent, we would have eliminated Community Service Block Grants, 
and we would have cut Low Income Home Energy Assistance by $570 
million, and we would have cut health care access programs by $1 
billion. As I said many times on this floor, I have never had anybody 
come up to me at home and say, ``Obey, why don't you guys in Congress 
get your act together and cut cancer research?'' And yet that's what 
the previous President and the previous Republican-controlled Congress 
did over a 2-year period. They cut over 900 medical research grants out 
of the National Institutes for Health. We objected to that and said, 
no, we didn't think that ought to happen.
  So we then offered the President a compromise. I called the White 
House budget office, and I said, look, why don't we at least just split 
the difference between these bills so we can get something done on the 
domestic side of the ledger? They said no. At that point we had a 
choice. We could acquiesce in these reductions or we could say, no, 
we're going to bet on the outcome of the election. We did. Mr. Obama 
won. We now have a White House which is firm in its beliefs but also 
one that recognizes that people have to compromise to get things done.
  This is now a compromise package brought to the House. This has been 
worked out at the staff level between Republicans and Democrats alike 
in both the Senate and the House. And the Senate minority leader, 
Senator McConnell, while I suspect he will vote against this package, 
urged us to take it up 3 weeks ago because he indicated it had been 
fully vetted by both sides, by both parties, and he said in his 
estimate he thought it would pass with an overwhelming vote. We shall 
see.
  But I want to explain two other things about this bill, what this 
bill really does. And it's been suggested that this bill is not at all 
coordinated with the stimulus package we passed last week. Absolutely 
false. This omnibus bill does two things: It provides base funding for 
the programs funded in the Recovery Act without which those additional 
recovery funds would not be useful. Example: the Social Security 
Administration. While the Recovery Act provides $1 billion to the 
Social Security Administration to replace its computer center and to 
process increased disability retirement requests, this bill provides 
$10.5 billion for Social Security operating budgets. It doesn't do any 
good to have a computer center if you don't have an operating budget. 
This bill provides the other half of the funding that's needed to make 
our promises on Pell grants to students around the country a reality.
  The recovery bill in the area of highways provided $27.5 billion for 
additional highway construction. This bill provides $40.7 billion to 
improve and repair our Nation's aging highway infrastructure. The 
recovery bill was built with this package in mind.
  The second thing this bill does is to provide basic funding for all 
kinds of programs that were not increased by the recovery package. 
Three-quarters of the accounts in the Federal Government did not 
receive an additional dime in that recovery package. This bill takes 
care of the base funding for those programs.
  Now, we hear some concerns expressed from the other side of the aisle 
about the number of earmarks in the bill. Give me a break. The last 
time that our party controlled the House of Representatives, we had, 
for instance, in the Labor-Health-Education appropriation bill, 
depending upon how you define them, either zero earmarks or

[[Page 5751]]

nine. When the Republicans lost control of the Congress, they were 
providing over three thousand earmarks in that subcommittee bill. 
That's the story, I mean as a practical matter. The other side didn't 
just let the cat out of the bag when it came to earmarks; they let out 
the whole blessed zoo. So now we have tried to reform that process, at 
the same time being respectful for Congress's right to determine how 
funding is directed in the budget. So we have a good many earmarks in 
this bill. Those earmarks represent congressional decisions about where 
dollars ought to be spent.
  I would point out virtually every agency Secretary has far more in 
discretionary funds than the Congress has to distribute in earmarks. In 
fact, virtually every dollar in Secretary discretionary funds is 
nothing but funds that are reserved for administration earmarks or the 
functional equivalent thereof.
  Mr. LEWIS of California. Will the gentleman yield?
  Mr. OBEY. I would be happy to yield to the gentleman.
  Mr. LEWIS of California. The point that the chairman is making is a 
very, very important point. We do have a constitutional responsibility 
to spend the people's money by way of appropriations. Over the years 
there has been a tendency to concede all of that authority to an 
administration, Democrat or Republican, and people get up here and 
harangue about our exercising that constitutional charge that we have. 
The chairman is making a very important point. Years and years ago, 
literally every subcommittee chairman, as the chairman said earlier, 
pretty much dictated what went on in the whole budget. There was very 
little individual Member input. And the administration had an exchange 
over time. We ceded so much of our authority, it is very much a time 
for us to begin to reconsider this recent history, and I appreciate the 
point the chairman is making.
  Mr. OBEY. I thank the gentleman.
  Mr. Speaker, I want to make one other point. We have heard a lot of 
concern expressed today on the other side of the aisle about the 
deficits that are being mounted by this bill in conjunction with the 
stimulus bill. Let me point out I have heard seven different times 
Members on that side of the aisle refer to the fact that this is a $400 
billion bill. It is not. It is a $410 billion bill. But $390 billion of 
that represents requests on the part of the Bush administration. So 
let's keep that in perspective.

                              {time}  1515

  Secondly, I really don't want to have to take lectures from those who 
supported the idea that we should borrow $1.2 trillion in order to 
provide tax cuts over the past years, the lion's share of tax cuts 
going to the very wealthiest people in this society. I don't want to 
hear lectures from people who essentially provided what will eventually 
be $2 trillion in costs for the Iraqi war.
  A number of us tried to assure that at least half of the money that 
we provided to Iraq in economic aid would be in the form of loans, 
because Iraq has a lot of oil and sooner or later is going to be a rich 
country and we wanted to see the American taxpayers reimbursed for some 
of the costs of building schools, building roads and all the rest in 
Iraq. No, we couldn't get the votes to do that.
  But now we face a serious problem in our own country, not in Iraq, 
but in our own country. And so, yes, in combination of this bill with 
the stimulus package, or the recovery package, as it's known, there is 
an awful lot of money being spent. I make no apology for that, because 
we are trying to fill what is going to be a $3 trillion hole in the 
economy because of the rising unemployment numbers.
  I want to use this chart for what I hope will be the last time. This 
chart demonstrates what is likely to happen in the economy if we do 
nothing. The red bars indicate what estimates are in the economic 
community, what estimates are of what will happen to unemployment rates 
if we do nothing. These red bars indicate that by the end of next year, 
the economics profession largely expects us to have unemployment around 
11 percent, perhaps even higher. The blue bars represent what we hope 
will happen if the government passes a $750 billion economic recovery 
package.
  As you can see, unemployment, even under that scenario, is expected 
to rise through the remainder of this year before it begins to turn 
down next year. What we have tried to do is simply shave off the worst, 
most extreme effects of this recession. That's what we have tried to do 
with the stimulus package.
  So what we have really had here today is a regurgitation of the 
debate that occurred 2 weeks ago on that stimulus package. But the fact 
is that if you take that stimulus package and add it to this package 
today, you are still only talking about a package of $1.2 trillion to 
counter what is supposed to be a $3 trillion hole. I would submit that 
it is very easy to imagine that we will, in fact, be back here asking 
for even more by way of countercyclical funding to counter the deep 
slide that we see in our recession.
  Poll after poll demonstrates that you have close to 70 percent of the 
American people who agree with what President Obama is trying to do in 
passing the package to produce this moderating effect on what will 
otherwise be the most serious recession since the thirties.
  So I make no apology for the fact that instead of providing billions 
of dollars for economic recovery in Iraq, we are not trying to provide 
a good amount of money to provide economic recovery here at home. I 
thought that's what our job was, to primarily concentrate on the needs 
on the home front.
  I would point out one other thing in closing. For all of us who have 
talked and told our constituents that at a time of extreme economic 
distress at home, Members of Congress should not be getting a pay raise 
next year, if you want to assure that that, in fact, happens and that 
we deny that pay raise for the coming year, then you must vote ``yes'' 
on this bill, because without this bill you do not have the limiting 
language that was inserted in this bill by the rule that was passed 
earlier today.
  With that, I would urge an ``aye'' vote.
  Mr. REYES. Mr. Speaker, I rise today in support of H.R. 1105, the FY 
2009 Omnibus Appropriations Act.
  I support this omnibus package because it rejects the harmful cuts 
that former President Bush insisted on in his budget. Instead, this 
bill provides and restores critical funding in areas such as energy 
research, healthcare, education, law enforcement, and biomedical 
research. As a proponent of the recently enacted economic recovery 
bill, I support this omnibus because its passage is necessary in order 
to allow the stimulus plan to work.
  In light of our nation's current economic downturn, I am pleased that 
Members of Congress will not receive an automatic cost-of-living 
increase scheduled for FY2010. In these difficult economic times, 
Members should forgo a cost-of-living increase.
  Last night, in his address to a Joint Session of Congress, President 
Obama emphasized his commitment to create or save 3.5 million new jobs 
in this country. The omnibus bill addresses this pledge by providing 
$3.6 billion for job training programs. I believe that job training is 
critical to help workers receive the necessary skills training they 
need to move into higher paying jobs and provide for their families.
  But that is not all. In terms of education, I am particularly pleased 
that the omnibus bill takes a comprehensive approach to education. The 
bill provides $7.1 billion for Head Start; $15.8 billion for Title-I 
programs serving the most disadvantaged students in our country; and a 
much needed $19.2 billion for federal student financial aid programs 
like the Pell Grant. These funding levels complement President Obama's 
ambitious goal to tackle our nation's drop out rate and have America 
lead the world by the year 2020 with the largest proportion of college 
graduates.
  In my district alone, 20,179 students receive Pell Grants which 
provide students with resources to offset the rising costs of tuition. 
By ensuring funding for these types of investments, we are opening the 
doors of opportunity for all our children.
  I have worked closely with my colleagues to find ways to curtail the 
violence in Mexico and support our southern neighbor. I am pleased that 
this omnibus bill provides $405 million for

[[Page 5752]]

counter-narcotics and law enforcement programs through the Merida 
Initiative. With violence surging in Mexico, President Obama has made 
clear that we will stand with Mexico as the government combats the 
illicit drug and weapons trade, and the Merida Initiative is a critical 
component of this strategic partnership.
  In keeping with the aim of the recovery plan, we must continue to 
reinvest in our transportation infrastructure which has been neglected 
for years. As we transition to a system with a greater focus on energy-
efficiency, the omnibus reaffirms our commitment to bolstering our 
nation's transit systems. The Federal Transit Administration will 
receive funds through this omnibus appropriations bill for grants for 
new buses, stations, intermodal facilities, and technology 
improvements. I know my district in Texas will greatly benefit from 
additional funds to make our transit system more efficient and 
accessible. Our existing national highway systems will also continue to 
be critical, so I am pleased to know funding has been included to 
improve and repair our nation's aging highway infrastructure.
  Recognizing that the current recession will persist, President Obama 
has asked Congress to help our fellow Americans weather these tough 
economic times. Housing authorities and non-profits that provide 
housing assistance across this nation will likely experience a greater 
demand for their services this year. Significant funding in this 
omnibus is dedicated to ensuring low-income families and the most 
vulnerable members of our communities have access to safe, affordable 
housing. For the remainder of the current fiscal year, both the Public 
Housing Capital Fund and the Public Housing Operating Fund will receive 
funding increases so that public housing authorities can make critical 
repairs and improvements to their housing units, improve living 
conditions for their residents, and keep up with maintenance and energy 
costs. During this recession, meeting the housing needs of our low-
income, elderly and disabled community members is critical, and I am 
glad to see just over $1 billion in grants will be available to 
rehabilitate, buy, and build affordable and safe housing.
  The omnibus also increases funding for Section 8 vouchers to continue 
helping over 3 million low-income families and individuals as well as 
provide 14,000 new, targeted vouchers for the disabled and homeless 
veterans during this housing crisis. An additional $75 million will be 
used for 10,000 housing vouchers for homeless veterans, and $1.7 
billion will also be made available in the form of grants so 
communities can provide housing and services for other homeless 
individuals.
  Last night, President Obama made it clear that we will take on health 
care reform this year. We have already made great strides in expanding 
health care coverage for our nation's children through the 
reauthorization of the Children's Health Insurance Program. Through the 
recovery plan, we have taken an important first step in cutting costs 
by investing in electronic medical records as well as research into 
diseases and preventative care. This omnibus appropriation continues 
these investments by providing the National Institutes of Health with 
critical funding to research diseases such as Alzheimer's, cancer, and 
diabetes. Because prevention is increasingly being recognized as 
essential to curbing costs, the Centers for Disease Control and 
Prevention will receive $6.6 billion for public health programs at the 
federal, state, and local levels. Community health centers, like those 
in El Paso, will be able to provide services for an additional 470,000 
uninsured people with the $2.2 billion provided through this bill. We 
also provide funds to state high risk insurance pools so they can help 
people who cannot obtain health insurance in the commercial market 
because they are medically high risk. With the $496 million provided 
for childhood immunization, approximately 15,000 additional children 
will receive the vaccinations they need.
  However, all these worthy programs will need the support of a well-
trained base of providers. In addition to the investment in training 
medical professionals included in the recovery plan, $171 million in 
the omnibus will go to support nurse education programs and $222 
million will support the Health Professions Training program to train 
doctors and other professionals. This funding will go a long way not 
only in ensuring access to services but also quality care
  Mr. Speaker, I urge my colleagues to vote in favor of this omnibus 
bill because it will address our nation's immediate needs as well as 
invest in our long term economic strength.
  Mrs. BACHMANN. Mr. Speaker, last night, President Obama repeatedly 
expressed a desire to pass fiscally responsible legislation, his fear 
of passing a mountain of debt to future generations, and his intention 
to greatly reduce the federal deficit.
  All sentiments with which I couldn't agree more.
  However, only two weeks after passing a $1.1-trillion economic 
``stimulus'' package and a week after presenting a $275-billion plan to 
address less than 8% of American mortgages, Washington Democrats today 
are bringing to the floor an appropriations bill that represents the 
largest discretionary spending increase, aside from legislation after 
the 9/11 terrorist attacks, since the Carter Administration.
  If we look back on the last 19 months, you'll find that the U.S. 
government has pledged more than $11.6 trillion on behalf of American 
taxpayers to dig our nation out of the recession--and that doesn't even 
include the $410 billion we are about to spend in this latest spending 
bill.
  Where is the fiscal responsibility?
  Even more incredulous is the fact that this omnibus appropriations 
bill contains funding for many of the same agencies and programs that 
already received funds in the so-called ``stimulus'' bill--162 programs 
in fact. For instance, it provides $2.9 billion for the 2010 census 
even though $1 billion was already allocated for this project in the 
``stimulus'' package. We also have funding for the National Endowment 
for the Arts, which, fresh off receiving $50 million from the 
``stimulus,'' is now in line to receive $138 million in this latest 
proposal.
  The combined fiscal year 2009 funding for these ``double-dipping'' 
programs is $680 billion--a whopping 80% increase in spending.
  Furthermore, the Democrat majority is once again using a massive 
spending bill to shove sweeping national policy changes through 
Congress without public scrutiny and without proper debate. This bill 
contains language to terminate the District of Columbia's successful 
school voucher program; it eliminates the ``Reading First'' program 
within the Department of Education; and it drastically undercuts 
construction and design funding for Yucca Mountain, a key component to 
any plan that puts America on the path to energy independence. The 
merit of these programs aside, a sweeping spending bill--especially one 
with no opportunity to amend--is not the appropriate place for any of 
these measures to be considered.
  Enough is enough. The American taxpayer is already struggling in this 
weakened economy and it is time Congress started to show respect to the 
American people and stop increasing the weight of their financial 
burdens. The spending spree has to stop now.
  Mr. SKELTON. Mr. Speaker, today, the House is considering H.R. 1105, 
the Fiscal Year 2009 Omnibus Appropriations Act. This legislation will 
complete the fiscal year 2009 appropriations process and keep our 
federal government operating through the end of the fiscal year. Taken 
as a whole, passing H.R. 1105 is good for our country. It invests in 
rural priorities, like agricultural and rural development programs, 
while simultaneously fostering the health, education, and safety of the 
American people.
  While I will support H.R. 1105, I am deeply disappointed that the 
measure includes a provision added by the Senate to authorize a $25 
million study to review the original project purposes of the Missouri 
River as set forth by Congress, by the Missouri River Master Manual, 
and by the federal courts. In my view, authorizing and appropriating 
funds for a new Missouri River study is unwarranted.
  Mrs. LOWEY. Mr. Speaker, I rise today in support of H.R. 1105, the 
Consolidated Appropriations Act and specifically Division H, the State 
and Foreign Operations section.
  Despite unprecedented domestic challenges, the United States cannot 
afford to pull back on our commitments to critical national security 
and development initiatives abroad. This bill provides the 
Administration with funds to begin rebuilding our diplomatic and 
development capacity, restore American leadership and meet critical 
needs by providing: $7.1 billion for global health programs, including 
$5.5 billion for global HIV/AIDS, TB and malaria programs; $1.3 billion 
to address humanitarian emergencies worldwide, including in Gaza; $1.5 
billion to continue basic education, safe water and environment 
initiatives around the world; $4.4 billion in assistance to vital 
allies in the Middle East, including funding for Israel and Egypt at 
levels agreed to in MOUs between the United States and those countries 
and $498 million for Jordan; $1.8 billion to help secure and stabilize 
Afghanistan and Pakistan; $1 billion to fund counternarcotics, law 
enforcement and economic development in Latin America; $1.36 billion in 
economic and security assistance for Africa as well as $3.9 billion to 
fight HIV/AIDS and meet other health needs; and $6.1 billion to hire, 
train, and protect an estimated 500 additional diplomats at the State 
Department and 300 new staff at USAID, and while continuing the 
existing law banning the use of U.S. government funds for

[[Page 5753]]

the provision of abortions, it funds the UN Population Fund, a vital 
partner in health programs around the world.
  I would like to thank our staff for their tireless work. This bill 
will provide President Obama and Secretary Clinton with key resources 
to protect America and improve the lives of millions around the world.
  Mr. CONYERS. Mr. speaker, today I rise in strong support of H.R. 
1105, The Omnibus Appropriations Act of 2009. This important 
legislation stands as a marker stone on the path to a sustainable and 
just economic future. With its passage today, we leave behind the 
bloated budgets of the past, under which the fiscally fortunate and the 
manufacturers of unnecessary Cold War weapons disproportionately 
benefited. With this bill we refocus our priorities with key 
investments in education, energy, health, and housing. At the same 
time, we also set the stage for future budgets, in which this Congress 
and our new President will recommit to pursuing policy priorities that 
will remake our nation as a society that values an environmentally 
sustainable economy, social justice, and opportunity for all.
  The most critical and wise series of investments made in this bill 
are in the area of improving access to health care. As this recession 
deepens, Americans nationwide are losing their healthcare due to no 
fault of their own. In the 31 days between December 2008 and January 
2009, an average of 14,000 people per day lost their health care 
insurance. This legislation will help mitigate this drop in health 
security by providing $2.2 billion to community health clinics, $496 
million will be appropriated for vaccinations for children, and an 
added $15 million above FY 2008 funding will be added to train nurses.
  Mr. Speaker, this new Congress understands that we must invest in 
human capital--our children--if we hope to sustain the economic 
recovery we are embarking upon. H.R. 1105 will ensure that 900,000 
children have access to high quality preschool services by 
appropriating $15 billion for Title I grants to low-income children. 
The bill will also make college more affordable by expanding Pell 
grants to $4,360 per year.
  Working in concert with the President's foreclosure mitigation 
program and my cram-down bankruptcy reform, H.R. 1105 will also offer 
solutions to our housing crisis. It will provide an additional 1.3 
million low-income families Section 8 vouchers. Moreover, $765 million 
will be appropriated to buy, rehabilitate and build housing for low-
income and elderly Americans. Lastly, $3.9 billion is allocated for 
Community Development Block Grants which will fund vital local 
activities such as creating affordable housing, supporting anti-poverty 
programs, and ``right-sizing'' cities like Detroit through vacant 
housing demolition.
  During these tough economic times we must resist the temptation to 
forget the cataclysmic threat posed by global climate change. This 
omnibus bill keeps us on the path to planetary stability with a $375 
million investment dedicated to promoting solar energy and housing 
stock weatherization. To better understand the science behind this 
crisis and keep our research up to date, this bill also includes a $755 
million increase from Fiscal Year 2008 for climate change related 
scientific research. Lastly, $765 million will be used to develop 
energy generation and storage such as fusion energy and advanced 
batteries, so that we can move technology from the test lab to the 
product floor.
  Tomorrow, the President will propose a budget for fiscal year 2010 
that will move the debate on many of the policies embodied in this 
legislation to the next level. Instead of merely covering the serious 
problems our nation faces with band-aid solutions, we will begin to 
consider end-game legislation that will eventually lead to a world 
where health care and global warming no longer threaten our families 
and our way of life. I stand ready to support these efforts, 
acknowledging that enacting lasting change will be a momentous task, 
but also knowing that it is necessary and achievable.
  But that is tomorrow. Today we act to lessen the pain of the moment--
to ease the uncertainly that comes with the opening of a paycheck or 
the arrival of a hospital bill. I encourage my colleagues to support 
this bill so that we can begin to move this country towards fiscal 
recovery.
  Mr. ROGERS of Kentucky. Mr. Speaker, I rise in reluctant opposition 
to this bill. While I'm very grateful for the funding items included 
for my district--items that combat rampant drug abuse, clean up our 
waterways, and promote economic development for the citizens of 
southern and eastern Kentucky--I am compelled to evaluate the whole 
bill before casting my vote.
  Because of the runaway and wasteful spending items, continued abuse 
of the appropriations process for political ends, and misguided policy 
riders, I cannot compromise my core values, and must oppose this 
legislation.
  First, fiscal discipline. There is no evidence of it here. It was 
just two weeks ago that this body passed a bloated, trillion-dollar 
stimulus bill--a wrong-headed piece of legislation that was much more 
of a down payment on a radical, left-leaning agenda, than the true jolt 
our struggling economy actually needed.
  The omnibus legislation before us today is simply the second act, 
funding many of the same wasteful programs as before, with no 
accountability, and represents the largest single increase in domestic 
spending in 30 years. We are putting our children and grandchildren at 
perilous risk--borrowing money we don't have, and plunging our country 
even further into debt. It is not sustainable in the long term, and I 
fear our actions will only worsen the economic situation our country 
currently faces.
  Secondly, this bill was crafted in secrecy, out of public sight, and 
five months behind schedule. The bills being considered today, totaling 
over $410 billion dollars, have never even been considered on the floor 
of this body until today. They have been crafted and negotiated by 
staff under the direction of the Speaker of the House without the 
involvement of the vast majority of Members of Congress. No amendments, 
virtually no debate, and no public scrutiny. This process has been more 
dictative than legislative, with the Speaker holding the megaphone.
  And finally, this bill is littered with questionable policy riders 
that are an affront to the conservative principles and family values 
many of us hold dear. Most alarming to me is the assault on the rights 
of the unborn--the most vulnerable citizens of our society; $545 
million is designated for foreign ``family planning'' clinics, ensuring 
that overseas abortions will be performed with U.S. taxpayer dollars 
for the first time in nearly a decade. Even more egregious, the bill 
reverses long-standing policy, and actually allows U.S. funds to flow 
to foreign organizations that support coercive abortions and 
involuntary sterilizations. These provisions, combined with drastic 
cuts in abstinence education, seem designed to promote an ``abortion 
first'' policy in this country, and I cannot stand idly by and in good 
conscience vote for a piece of legislation that does that.
  Mr. Speaker, it didn't need to be this way. There was ample 
opportunity for bipartisanship and enacting sound fiscal policies 
throughout this process. Instead, we have another flawed bill, crafted 
under a cloak of darkness.
  This body is capable of far better, and I urge Members to oppose this 
bill.
  Mr. POSEY. Mr. Speaker, the Omnibus Appropriations bill before us 
today provides an 8 percent increase for dozens of federal agencies and 
departments. These tens of billions of dollars in additional spending 
are in addition to hundreds of billions of dollars just signed into law 
by the President last week as a part of the ``stimulus'' bill. Taken 
together, this amounts to nearly an 80 percent increase in funding for 
many of the agencies funded in the Omnibus Appropriations bill. Put 
another way, spending for these agencies will increase from $378 
billion in 2008 to nearly $680 billion in 2009. And, all of this 
increase is ``paid for'' with borrowed money that our children and 
grandchildren will have to repay. This amounts to generational theft.
  Simply put, the American worker isn't getting an 8 percent pay 
increase each year much less an 80 percent pay increase, and they 
cannot afford to pay for such expansive government spending.
  Are there good provisions in this bill? Yes. Are the objectionable 
provisions in this bill? Yes. Sadly, no Member of Congress was 
permitted to offer an amendment to this bill, much less a sufficient 
amount of time to actually read the bill. The House leadership, which 
sets the rules of debate, has prohibited any Member of Congress from 
offering a single amendment. No member of Congress is permitted to rise 
and ask that even one of the more than 8,000 earmarks in this bill be 
stricken from the bill.
  In just the past four weeks, this Congress has approved over one and 
one-half trillion dollars in new spending--most of it borrowed money. 
Sadly, not a single amendment has been permitted to be offered. The 
Congress is broken and the American people deserve better. We will 
never get this nation back on track if this Congress continues to 
consider and approve only legislation written in back rooms at the last 
minute by only a handful of leaders in the majority. That's not what 
the American people elected us to do. It is long past due that the 
legislative process be allowed to work and that all Members of this 
Congress be afforded the opportunity to truly represent their 
constituents. True bipartisanship means allowing input from both sides 
not simply take or leave it dictates.

[[Page 5754]]


  Mr. HOYER. Mr. Speaker, today, the House can complete its work on the 
fiscal year 2009 appropriations bills. The omnibus bill we bring to the 
floor today is the result of collaboration between Democrats and 
Republicans, and today, my colleagues on both sides of the aisle can 
vote to fund some of America's most important priorities.
  We are at this point today because President Bush's last budget 
ignored critical investments in our country's future. It shortchanged 
our military families; it shortchanged police departments across 
America; it shortchanged our schools and teachers by $3.3 billion; and 
it shortchanged American workers by cutting job training and worker 
protections--an especially irresponsible step in a deep recession that 
was already underway when that budget was submitted.
  This bill corrects those oversights. This is legislation designed to 
confront an economic crisis and geared to mesh with the job-creating 
recovery legislation we passed this month. It funds worthy programs 
including research on energy technology and efficiency; investments in 
healthcare access and K-12 education; new training for Americans who 
have lost their jobs; and more.
  Mr. Speaker, it would be shameful if the families and public servants 
and scientists and workers on the other side of this bill are 
shortchanged because of a phony pet issue--a pet issue like earmarks. 
Railing against earmarks may be a popular partisan crusade here in 
Washington--but I challenge any Member of this House to go to his or 
her district and ask the people there if the issue of earmarks is more 
important than a good-paying job, more important than quality schools, 
more important than safe communities.
  The truth is that it's Democrats, not Republicans, who have reformed 
the earmark process. We imposed strict accountability and disclosure 
rules on ourselves--so that the public can see how every dime is spent. 
We cut earmarks by more than 40 percent last year, and we've cut them 
again this year. In this bill, we have taken them down to less than 1 
percent of the budget. But if someone wants to stand in the way of 
better schools and healthcare and jobs because they have a problem with 
less than 1 percent--they can be my guest, and then they can explain it 
to their voters.
  The truth is that getting our fiscal house in order--after years of 
Republican neglect--is not about earmarks at all. It is going to take 
hard decisions and hard work. It's the work that began when President 
Obama called a fiscal responsibility summit at the White House, and 
when he spoke to us last night in this chamber, as an adult speaking to 
adults. That is the hard work our country demands, work without 
partisanship or posturing. And for that job, everyone in this chamber 
is needed, and welcome.
  Mrs. MALONEY. Mr. Speaker, I am pleased to support H.R. 1105, the 
FY2009 Omnibus Appropriations Act. The $410 billion omnibus bill 
encompasses nine separate appropriations measures that stalled last 
year when the Bush administration insisted on preserving severe cuts to 
health care, education, law enforcement, and other programs contained 
in its FY 2009 budget proposal. I'm happy that under the Obama 
administration, we will keep the government running and finish last 
year's business.
  While there are many critical provisions in this legislation, I want 
to highlight a few issues that are especially important to me and the 
people of the 14th Congressional District of New York.
  The FY2009 Omnibus Appropriations Act includes $277.7 million in 
federal funding for the Second Avenue Subway and $209.6 million for 
East Side Access. One of my top priorities since I was first elected to 
Congress, the Second Avenue Subway will run from 125th Street to lower 
Manhattan. It will offer a much-needed alternative for commuters and 
will reach underserved neighborhoods on the East Side. East Side Access 
will bring the Long Island Rail Road to Grand Central Terminal, 
carrying approximately 163,000 average weekday boardings.
  The bill also contains $70 million in new funding for federal 9/11 
health programs. The new funding, combined with $112 million carried 
over from previous years, would cover the World Trade Center Health 
Programs' $182 million estimated cost for FY 2009. I thank Mr. Obey for 
including this funding to provide much-needed health care for WTC 
community members and first responders both in New York and across the 
country.
  I am pleased that the legislation also provides a total of $545 
million for international family programs--an increase of more than $80 
million from the 2008 level. Included in this total is $50 million for 
the United Nations Population Fund (UNFPA) and its work to improve 
reproductive health, raise the status of women and improve the quality, 
safety and availability of contraceptives in nearly 150 countries.
  Additionally, I want to thank Chairman Obey and the committee for 
including $151,000,000, the fully authorized amount, for the Debbie 
Smith DNA Backlog Grant Program. I believe that ``The Debbie Smith 
Act'' is one of the most important anti-crime bills that has ever 
passed Congress and been signed into law. Today we take another step 
forward in preventing violence against women by supporting a program 
that helps to put rapists in prison.
  Finally, the bill includes a no-cost, common sense solution that will 
reduce unintended pregnancies by reinstating access to low-cost birth 
control at college health centers and safety net providers. Since 
January 2007, more than 3 million college students and hundreds of 
thousands of low-income women have lost access to affordable birth 
control because of a provision in the 2005 Deficit Reduction act 
which--by all accounts--unintentionally cut off every college and 
university health center and hundreds of safety-net providers from 
access to low-cost drugs. The no-cost fix included in this bill will 
correct this mistake and restore affordable birth control to these 
populations.
  In closing, I want to note that this legislation will work in harmony 
with the economic recovery package that President Obama has already 
signed into law by making investments that address the country's 
immediate needs while investing in our long term economic strength. I'm 
pleased to support H.R. 1105, and I urge my colleagues to do the same.
  Mr. GEORGE MILLER of California. Mr. Speaker, I rise in strong 
support of the Omnibus Appropriations Act.
  The legislation before us today invests in key priorities for our 
country from energy to education, and will help address critical needs 
that were ignored under the previous Administration.
  In addition to the other important work that this Omnibus 
Appropriations Act will do alongside the Recovery Act to make our 
economy stronger, I want to call special attention to the work this 
legislation will do to respond to the serious drought that we face in 
California.
  The bill before us today provides significant funding for the federal 
water reclamation and reuse program administered by the U.S. Bureau of 
Reclamation. That program, known as Title XVI, helps local water 
managers to treat wastewater and use the clean water that results for 
commercial irrigation and industrial processes. Under Title XVI, the 
federal investment in water recycling is matched many times over by 
monies from state and local agencies, so it's not only environmentally 
sustainable, it's cost-effective.
  The Title XVI funding in today's bill builds on the historic 
investment in the program that was contained in the American Recovery 
and Reinvestment Act. I am hopeful that this important program will 
continue to thrive under President Obama and Secretary Salazar.
  In the San Francisco Bay Area, including in Pittsburg in my 
congressional district, water managers have put together a regional 
planning effort to invest in water recycling infrastructure. This bill 
bolsters that regional cooperative effort by providing $8 million for 
the Bay Area Regional Water Recycling Program. On behalf of my 
constituents and the communities around our region, I want to sincerely 
thank Chairman Obey, Chairman Visclosky, Ranking Members Lewis and 
Frelinghuysen, and especially the Committee staff, for their support 
for this important funding. The funds will quickly create and sustain 
jobs, and will provide a reliable water supply for local planners and 
residents.
  I look forward to working with the Bureau of Reclamation to ensure 
that they expeditiously enter into individual agreements with the local 
implementing agencies so that the Bay Area projects are quickly funded 
through the Bay Area Clean Water Agencies or its successor. I also know 
that some of the local water agencies in the Bay Area had to begin 
their projects before this bill was completed so that they did not lose 
their state and local funding matches. It is my understanding that the 
authorized federal funding may be used for reimbursement of 
construction costs already underway and carried out. As the Bureau 
works with the local agencies to disburse the funding in this bill, 
those agreements should provide for reimbursement of the projects' 
construction costs as necessary.
  I strongly support the FY 2009 Omnibus Appropriations Act, and I urge 
my colleagues to do the same.
  Mr. BRADY of Pennsylvania. Mr. Speaker, I rise to express my strong 
support for the provisions of the Omnibus Appropriations Act that 
relate to funding the operations and programs of Legislative Branch. I 
am grateful to my esteemed colleagues on the Legislative Branch

[[Page 5755]]

Subcommittee, particularly the able Chairwoman Ms. Wasserman Schultz, 
for their hard work and diligence on developing a good bill. There are 
five provisions that I am especially pleased with: the increase in the 
Members' Representational Allowance; the increase in Committee Funding; 
employee benefit parity with the Executive Branch; support for the 
Wounded Warrior Program; and the Speaker's Green the Capitol 
initiative. These are crucially important appropriations that need our 
support.
  An increase in the Members' Representational Allowance is an overdue 
necessity. As you know, these funds have nothing to do with Members' 
pay or campaign expenses; they are simply the funds that allow us to do 
our jobs. It is how our offices, staff, and business travel are paid 
for. It is how we represent, support, and serve our constituents. 
Without an adequate increase in the MRA, our ability to serve our 
constituents diminishes greatly. As more and more of our constituents 
fall on hard times, we need to be there to serve their needs and 
interests. Our offices need to be more responsive and more helpful than 
ever. We need this reasonable and realistic increase to simply fulfill 
those obligations.
  In 2006, the MRA increased only 1.6%, and in 2007, only 2.7%. These 
changes didn't even account for cost of living increases, making our 
offices unable to offer competitive salaries. When our offices are not 
able to offer competitive pay with the private sector, we lose the 
ability to attract and retain the best and brightest staff. Now, in 
this time of crisis, this is an expense we cannot spare.
  In the spirit of fiscal responsibility, there is a provision in this 
bill directing unused MRA funds to deficit or debt reduction. This 
provision not only helps the Members in most dire need of this 
increase, it grants freedom to those who do not. Members who do not 
spend the full amount of their funds will help us pay down our national 
debt. In this bill, no tax dollar is wasted.
  I also support the increase in the funds available to Committees. 
With an aggressive legislative agenda from our leadership and from the 
Obama administration, the demand on our Committees and their staff is 
greater now than it has been in generations. We must support their 
staffing requirements, their investigation costs, and oversight 
expenses if we want to grapple with the varied and complex challenges 
confronting our nation.
  I am also pleased that this bill creates some parity between the 
Legislative and Executive branches with regards to employee benefits. I 
urge support for the improved transit and student loan benefits in this 
bill.
  Another important program supported in this bill is the Wounded 
Warrior program. It is becoming harder and harder for Americans 
everywhere seeking employment, and this is especially true for our 
wounded veterans. The continued support of the Wounded Warrior program 
fulfills an obligation to those who protect our freedoms, and sets an 
example for employers across the country.
  Finally, I would also like to express my support for funding the 
Speaker's ``Green the Capitol'' initiative. Not only does this program 
reduce our carbon footprint, it also creates enormous energy savings. 
This is the right thing to do for both the environment and the 
taxpayer. At a time when fiscal responsibility is paramount, it would 
be irresponsible of us not to support this program.
  Each of the provisions mentioned deserves our full support. These are 
non-partisan issues; both sides of the aisle have the same need to 
serve their constituents, hire and retain the best people, and improve 
the operations of the Capitol. I urge my colleagues to join me in 
support of this bill.
  Ms. SCHMIDT. Mr. Speaker, I rise regarding a provision contained in 
this legislation to carry out the Innovative Technology Loan Guarantee 
Program at the U.S. Department of Energy.
  Congress established the Innovative Technology Loan Guarantee Program 
in the Energy Policy Act of 2005, and it is my understanding that in 
order to implement the program the Appropriations Committee was 
required to include a specific appropriation together with language 
limiting the kinds of entities eligible to participate in the program. 
I am concerned that this language has the inadvertent potential of 
directly impacting an important energy project in my district that is 
ready to break ground and will potentially employ more than 3,000 
people. I ask your support today in working with me and my colleagues 
in the Ohio delegation to clarify the language so that it will not have 
the impact of prohibiting this project from going forward.
  I would like to thank Chairman Visclosky for his work on this 
concern. I look forward to working with you to correct this situation.
  Mr. VISCLOSKY. Mr. Speaker, I too rise regarding a provision 
contained in this legislation to carry out the Innovative Technology 
Loan Guarantee Program at the U.S. Department of Energy.
  I would like to thank Congresswoman Schmidt for raising a concern 
regarding the potential of the language implementing the Innovative 
Technology Loan Guarantee Program having a negative impact on a project 
already well along in its development. I would be pleased to work with 
Representative Schmidt and her colleagues in the Ohio delegation to 
address any unintended consequences.
  Ms. LEE of California. Mr. Speaker, I rise in support of H.R. 1105, 
the Omnibus Appropriations Act of 2009, and I thank Chairman Obey, my 
Chairman, as well as the leadership, for their work in putting this 
bill together.
  Today's action on the Omnibus Appropriations bill will complete 
action on the federal budget for fiscal year 2009.
  When we originally began this process over a year ago, we were 
dealing with a President who rejected the idea that we needed to invest 
in our children's education.
  He didn't think we should fund job training and employment services 
to ensure that American workers could compete in the global economy.
  He didn't think that all Americans should have access to quality 
affordable health care, or that we should try and lift up the more than 
37 million people living in poverty.
  He rejected the basic notion that ``an ounce of prevention is worth a 
pound of cure'' and tried to cut funding for the CDC, while opposing 
increases in funding for cutting edge biomedical research to create the 
next generation of miracle drugs.
  He told us in no uncertain terms that he would veto any federal 
budget we passed that tried to invest in education, job training, 
healthcare, alternative energy, and local law enforcement and ensure 
the continued prosperity of our nation.
  And he did so while demanding that we provide hundreds of billions of 
dollars to fund the ongoing war and occupation in Iraq, and to bail out 
the banking industry for their greed and mismanagement.
  Rather than accepting the President's position that the American 
people were not worth investing in, we decided to wait him out.
  Today we have a President, who rejects the failed economic policies 
and ideologies of the last eight years.
  We have a President who believes that, yes, the American people--our 
constituents--deserve a government that works for them, and that is 
willing to invest in them to ensure that they can get a good education, 
live healthy and productive lives, and obtain meaningful employment, 
and raise their children in a just and peaceful world.
  Yes, Mr. Speaker, change has indeed come to our nation's capital. And 
now we've got to roll up our sleeves and get to work.
  The Omnibus Appropriations Act of 2009 makes critical investments in 
a range of programs and builds on the economic stimulus package to help 
put America to work.
  I urge my colleagues to support it.
  Mr. VAN HOLLEN. Mr. Speaker, I am glad we are finally wrapping up our 
FY 09 Appropriations work and offer this legislation my full support 
today.
  Instead of slashing our federal investment in priorities like 
education, health care, energy, law enforcement and biomedical research 
as President Bush had demanded, this bill complements the economic 
recovery package by addressing our Nation's immediate needs while 
laying the foundation for long term economic growth.
  For example, to help 6.9 million families pay for college and prepare 
our students to compete in the 21st century global economy, we allocate 
$17.3 billion--or $3 billion more than 2008--for Pell Grants.
  To provide health care for over 470,000 uninsured Americans during 
this economic downturn, we provide $2.2 billion--or $125 million above 
last year's levels--for our community health centers.
  To accelerate the deployment of renewable energy technologies and the 
jobs that go with them, we include $18.5 billion in additional loan 
guarantee authority for renewables in the Department of Energy's 
Innovative Technology Loan Guarantee Program.
  To keep our communities safe, we designate $3.2 billion--or $495 
billion above 2008--for State and local enforcement.
  And to ensure that America remains the global leader in lifesaving 
biomedical research, we invest $30.3 billion--or $938 million more than 
last year--in the National Institutes of Health.
  Mr. Speaker, it has been a long time coming, but we now see it was 
worth the wait. I will cast a ``yes'' vote and urge my colleagues to do 
the same.
  Mr. LATHAM. Mr. Speaker, today we come to the House chamber to 
consider a package

[[Page 5756]]

of the remaining fiscal year 2009 appropriations bills. We are five 
months late in acting on these bills, and for no good reason.
  The net effect of this delay is two-fold: One, the delay has 
prevented a number of Federal programs from making necessary mission 
changes simply because those programs have been frozen in-place under 
the CR.
  Number two, the $410 billion contained in this bill represents annual 
spending increases for hundreds of programs. These increases are well 
above necessary levels, especially given that we just passed a stimulus 
bill that carried $301 billion in new discretionary spending--much of 
which is for the same programs contained in this omnibus measure, and 
that we fund every year in the annual process.
  In short, many of the programs in this package will get a double dose 
of funding. Unfortunately, this extra dose will be built into future 
spending, and that's not fair to the American taxpayer--why, because it 
locks in trillion dollar deficits.
  Apart from the problems with the spending totals in this package, we 
are allowing a laundry list of policy issues to pass through Congress 
without any public scrutiny.
  A number of these policy issues are troubling to many of us. For 
example, the omnibus eliminates the ``Reading First'' Program within 
the Department of Education. I don't remember debating this issue in 
the stunted '09 process.
  The ``Reading First'' Program was widely supported for its emphasis 
on raising reading levels, particularly among low-income children. Just 
yesterday, I met with an elementary school principal from Iowa who 
praised the program as one which has made a difference to lots of 
children in my State.
  Another policy change, done through a funding reduction, is a de-
emphasis on Yucca Mountain. At a time when we need to be looking at all 
forms of energy, why would we want to halt construction and design work 
at Yucca since nuclear waste storage is a big issue. At a minimum, we 
should have had a debate on this subject.
  In the end, this entire process has been a giant abdication of our 
responsibilities in this body, representing a shameful performance. Our 
constituents deserve better than the bill before us represents.
  I hope that for the FY 2010 funding cycle, the majority will re-
discover the value of regular order and transparency. In this way, we 
can add a little more credibility to the process, and the reputation of 
this House.
  Mr. PRICE of North Carolina. Mr. Speaker, I rise today in support of 
the Clinical and Translational Science Award (CTSA) Program at the 
National Institutes of Health (NIH). The CTSA program is an important 
and transformative initiative designed to improve the way biomedical 
research is conducted across the, country, reduce the time it takes for 
laboratory discoveries to become treatments for patients, engage 
communities in clinical research efforts, and train the next generation 
of clinical and translational researchers.
  As the Labor, Health and Human Services, and Education Subcommittee 
noted in its subcommittee mark, the program has the potential to create 
a new paradigm for clinical and translational research.
  I am proud that two of the 38 current CTSA sites, the University of 
North Carolina at Chapel Hill and Duke University, are in my district. 
These two universities have a track record of excellence, and I am 
pleased that NIH has recognized them as strong research campuses.
  Unfortunately, nearly level funding for NIH over the past few years 
has severely limited the size of the award that can be made to these 
and the other CTSA-recipient institutions. In addition to hindering the 
important work being done at the current CTSA sites, the funding 
challenges have encumbered implementation of the program and threaten 
to curtail its intended size of 60 sites.
  As a firm supporter of NIH, I commend Chairman Obey on the increased 
NIH funding in both the FY09 Omnibus Appropriations bill and the 
American Recovery and Reinvestment Act and thank him for designating 
for the CTSA program in the Omnibus bill. I look forward to working 
with my colleagues on the Appropriations Committee to provide robust 
funding for this important program in the FY10 appropriations cycle.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise today in strong support 
of H.R. 1105, the ``Omnibus Appropriations Act, 2009''. I would like to 
thank my colleague Chairman Obey and Ranking Member Lewis for 
introducing this important legislation. I would especially like to 
thank the respective subcommittee chairs and ranking members who I 
worked closely with in obtaining the funds necessary to help the 
citizens of the 18th Congressional District of Texas. These funds were 
vital in helping the Houston area. I want to especially thank:
  Alan Mollohan Chairman and Frank R. Wolf Ranking member of the 
subcommittee on Commerce, Justice, Science, and Related Agencies.
  Peter J. Visclosky Chairman and Rodney P. Frelinghuysen Ranking 
member of the subcommittee on Energy and Water Development.
  David E. Price Chairman and Harold Rogers Ranking member of the 
subcommittee on Homeland Security.
  David Obey Chairman and Todd Tiahrt of the subcommittee on Labor, 
Health and Human Services, Education, and Related Agencies.


                              TEXAS NEEDS

  Critical times call for critical measures. Over the last 13 months, 
our economy has lost a total of 3.6 million jobs--and continuing job 
losses in the next few months are predicted. The national unemployment 
rate is at 7.6 percent, with the great state of Texas seeing an 
unemployment rate of 6.0 percent and my district of Houston seeing only 
a little better rate at 5.5 percent.
  Our schoolhouses are badly in need of repair and modernization in 
order to flourish and be competitive in the global marketplace. Our 
healthcare system needs to be upgraded to allow for more Americans to 
receive coverage without going bankrupt. Our workforce needs to be 
retooled to keep up with innovative and new technologies; and our 
transportation systems need to be expanded. These are only a fraction 
of the many needs facing Texas and our Nation today.
  In my district, I have held recent meetings with the Houston Mayor, 
school districts, universities, churches, homeowners, and the Houston 
METRO. They each have expressed their need for full funding to 
alleviate foreclosure issues, hurricane relief funding, construction 
issues, technology divides, and law enforcement strengthening.
  Recently, President Obama mentioned the Houston's need for greater 
transportation and infrastructure improvements. I thoroughly agree, 
which is why I have been working with them for over 20 years to 
complete construction of the Northeast and South RAIL lines. METRO has 
indicated that it only requires $183 million to complete this rail 
line.
  Houstonians need this infrastructure to relieve congestion and 
provide adequate public transportation, and an investment that will 
mean jobs for our constituents through the transportation sector in our 
communities. Creating this critical infrastructure in Houston will 
allow Houstonians to work and will provide a tremendous boost to 
community development and mobility.


                            OMNIBUS DETAILS

  Last year, this body passed only one of the twelve appropriations 
bills, the Military Construction-VA bill. The Senate Appropriations 
Committee approved nine of the twelve bills.
  This Omnibus represents a measure worked out by both chambers--
functionally resembling a conference report--and significantly 
increases funding levels compared to FY 2008 levels that were extended 
through March 6 by the enacted resolution, PL 110-329.
  HR 1105 appropriates $410 billion, $31 billion, 8%, more than current 
funding, in discretionary funding, which represents the largest 
percentage increase for discretionary spending in regular 
appropriations in decades. It also contains $637.5 billion in mandatory 
spending for entitlement programs, for a grand total appropriation of 
$1.048 trillion in FY 2009. The bill covers appropriations for 
departments and agencies that would have been funded by the nine 
regular FY 2009 appropriations bills that were not enacted last year. 
These departments are currently funded under a continuing resolution 
that expires on March 6.
  For our constituents who believe that we here in Congress do not 
understand their financial woes and their caps on raises and bonuses, 
let it be made clear that not only do we understand but we hold 
ourselves to the same standard. The recommended rule for the bill 
automatically incorporates a provision into the measure that blocks any 
cost-of-living increase in the salaries of members of Congress in 2010.
  This bill provides the following amounts:
  Agriculture--$108 billion for the Agriculture Department, $17.6 
billion, 16%, more than provided in FY 2008. It includes $87.8 billion, 
81%, in mandatory spending and $20.5 billion in discretionary funding. 
The total includes $54 billion for food stamps, $14 billion, 26%, more 
than current levels, as well as $2 billion for the Food and Drug 
Administration, $335 million, 16%, more than the current level, and 15% 
more for rural development programs.
  Commerce-Justice-Science--$57.9 billion, 10%, more than the current 
level, for the Commerce and Justice Departments, and science agencies. 
It includes a 16% increase in funds

[[Page 5757]]

to assist state and local law enforcement agencies.
  Energy & Water--$33.8 billion for the Energy Department, Interior 
Department, Army Corps of Engineers, and related programs--$2.3 
billion, 7%, more than the current level. It provides 12% more than 
current funding for energy assistance and alternative energy research, 
but 18% less for nuclear energy and 9% less for ``clean coal'' 
projects.
  Financial Services--$44.6 billion, $58 million more than the current 
level, for the Treasury Department, the federal judiciary, the District 
of Columbia, the Executive Office of the President, and various 
independent agencies.
  Interior-Environment--$27.6 billion for Interior Department, 
Agriculture Department, Indian Health Service, Environmental Protection 
Agency, and related programs--$1 billion, 4%, more than the current 
level.
  Labor-HHS-Education--$625.7 billion, of which $152.3 billion is 
discretionary funding and $473.4 billion is mandatory spending, for the 
departments of Labor, Health and Human Services, HHS, and Education. 
The discretionary total is $7.4 billion, 5%, more than the current 
level, and includes $30.3 billion for the National Institutes of 
Health, 3% more than current funding, $15.8 billion for education for 
disadvantaged children programs, 2% more than the current level; 7% 
more for Education Department programs; and 4% more for the Centers for 
Disease Control.
  Legislative Branch--$4.4 billion for the legislative branch, $432 
million, 11%, more than the current level. This appropriation includes 
$1.3 billion for the House and $895 million for the Senate.
  State-Foreign Operations--$36.8 billion in foreign aid, State 
Department operations and export assistance, $3.8 billion, 12%, more 
than the current level. The bill provides 14% more for international 
organizations, but 43% less for the Bush administration's program to 
aid developing nations that meet certain political and economic 
standards.
  Transportation-HUD--$108.7 billion in budgetary resources for the 
Transportation Department, the Housing and Urban Development, HUD, 
Department, and five related agencies. This total includes $55 billion 
in discretionary appropriations, $6.2 billion, 13%, more than current 
funding.
  Homeland Security--$100 million for the U.S. Secret Service, 
including $61 million for Secret Service protective missions. Of that 
amount, $25 million would be for the first-year costs to hire 150 
additional special agents to meet increased presidential and vice 
presidential protection requirements. The measure also extends the 
authorization of three programs through Sept. 30, 2009 the Basic Pilot, 
E-Verify, program, the EB-5 Visa program, and the National Flood 
Insurance Program. In addition, it extends the authorization of the 
Commission on the Prevention of Weapons of Mass Destruction 
Proliferation and Terrorism until March 1, 2010.


                               CONCLUSION

  As the representative for the 18th congressional district of Texas, I 
am very pleased that this Omnibus bill will aid people in my district 
that desperately need it. We have rail lines that need to be expanded, 
schools that are in dire need of construction, hospitals that cannot 
help the sick because of capacity issues, and areas still reeling from 
Hurricane's Katrina, Rita, and Ike.
  The assistance my district will receive is outstanding. I plan to 
continue to work with Chairman Obey and the Appropriations Committee 
staff to ensure that necessary funding goes straight to the city and 
county agencies, companies, schools, and nonprofits that need it to 
better assist the people of Houston.
  I trust that the money in this omnibus along with monies from the 
American Recovery and Reinvestment Act will begin to bring not only 
relief but life to our economy.
  Mr. ETHERIDGE. Mr. Speaker, I rise in support of H.R. 1105, the 
Fiscal Year 2009 Omnibus Appropriations Act. This bill completes 
Congress' work funding essential government services for 2009 and 
invests in important priorities to get our economy back on track. H.R. 
1105 provides for the needs of North Carolina's most vulnerable 
citizens and will help our State make the investments it needs to make 
for a brighter future.
  As the former superintendent of schools in North Carolina, I am 
particularly pleased that this bill continues our commitment to 
educational opportunities for all Americans. Economists tell us that 
strategic investments in education are one of the best ways to help 
America become more productive and competitive. This bill builds on the 
American Recovery and Reinvestment Act to support state and local 
community efforts to improve schools, and on the efforts of individuals 
and families to provide a better life for their children. H.R. 1105 
provides $66.5 billion for the Department of Education, a 7 percent 
increase over last year. In these times when state budgets are 
stretched to the limit, it increases the federal share of special 
education costs and increases Title I grants for disadvantaged students 
to ensure our local communities are able to continue to help our most 
vulnerable students. It provides increases to student financial aid to 
help 1.4 million students go to school, and helps 6.9 million families 
pay for college with an increase in the maximum Pell Grant to $4,360. 
It provides additional funding for Head Start, gives child care 
assistance to 11,000 more children, and provides 1.7 million with 
quality afterschool services that supplement their school activities. 
These are fundamental investments that provide the key to the future 
for our nation's children.
  This bill makes many other critical investments to address our 
immediate needs while laying the foundation for our long-term 
prosperity. H.R. 1105 provides $15.3 billion for the Labor Department, 
providing critical job training, unemployment, and workforce protection 
services to our working families. It appropriates a total of $496 
billion for the Department of Health and Human Services, including 
critical support for Medicare and Medicaid. It includes $108 billion 
for the Department of Agriculture, including a 15 percent increase in 
funding for rural development. It appropriates $57.9 billion for 
Commerce, Justice, and the science agencies, including a 16 percent 
increase for state and local law enforcement activities. By improving 
support for research and development at our nation's universities, 
federal laboratories, and small business incubators, funding in H.R. 
1105 creates jobs and contributes to U.S. competitiveness. Finally, 
this bill invests in energy security with a 12 percent increase in 
funding for renewable energy and energy efficiency initiatives, which 
will help us reduce our dependence on foreign fuel sources.
  This bill is not just about spending. H.R. 1105 also cuts and 
eliminates government programs that are not working, and provides 
accountability and oversight through improvements in regulatory 
agencies. In these difficult economic times, it is more important than 
ever that we wisely invest the tax dollars that have been entrusted to 
us, and this bill is a sound investment in our future.
  Mr. Speaker, Congress has a solemn duty to pass a funding bill that 
honors the values of the American people. By addressing America's 
domestic needs, providing for our foreign obligations, and investing in 
the future, H.R. 1105 reflects these values. I support H.R. 1105, and I 
urge my colleagues to join me in voting for this bill.
  Mr. CAPUANO. Mr. Speaker, I rise today in support of the Clinical and 
Translational Science Award (CTSA) Program at the National Institutes 
of Health (NIH). The CTSA program is a noteworthy initiative with the 
potential to enhance and invigorate our nation's clinical and 
translational research enterprise.
  As the representative from the 8th Congressional District of 
Massachusetts, I am especially pleased that the program makes 
significant efforts to create new clinical research homes in academic 
settings and, so, strengthen our nation's current and future research 
infrastructure. Furthermore, I am quite proud that Boston institutions; 
Boston University, Harvard University, and Tufts University are 3 of 
the 38 sites that currently comprise the growing CTSA network.
  Over the past few years, roughly level funding for NIH has severely 
limited the size of the award that can be made to these and the other 
CTSA-recipient institutions. These funding challenges have had dire 
consequences for the program's implementation and have seriously 
impeded its very necessary expansion.
  As an ardent supporter of NIH, I thank Chairman Obey on the increased 
NIH funding in both the FY09 Omnibus Appropriations bill and the 
American Recovery and Reinvestment Act.
  Mr. KUCINICH. Mr. Speaker, I rise today in support of the Omnibus 
Appropriations Act, despite many severe misgivings I have with the 
legislation.
  Last night the President gave us a frank and candid assessment of the 
dire situation of our economy, and I remain committed to ensuring that 
appropriations bills reflect an appropriate federal response. This bill 
will strengthen the social safety net so that individuals and families 
that have been affected by the recession can meet their daily needs. 
This bill includes substantial and badly needed increases in funding 
for food assistance to combat starvation and malnutrition in the 
elderly and those of modest income.
  The Ohio Department of Job and Family Services has been inundated by 
a surge in unemployment claims. Constituents have called my office to 
tell me that they cannot even get through on the phone to speak to 
someone about their claim. Facing such an

[[Page 5758]]

extraordinary increase in demand, I am glad that the states will get 
some help. The bill increases funding by 10% for state offices to 
process this surge in unemployment claims.
  Cleveland, unfortunately, has been at the epicenter of the subprime 
mortgage and foreclosure crisis. The number of foreclosures continues 
to increase; some neighborhoods still average two foreclosures per day. 
Up to 6,000 voucher holders have yet to find affordable housing in 
Cuyahoga County--and this does not include the estimated 19,000 people 
who qualify for vouchers but are forced to endure a years-long waiting 
list.
  The bill increases overall funding for the Department of Housing and 
Urban Development by 10%. This includes increases in funding for the 
Public Housing Operating Fund to keep the doors open in our existing 
public housing, the Public Housing Capital Fund to build new public 
housing, and tenant- and project-based voucher programs. The bill also 
increases funding for homeless assistance grants.
  The bill provides several other funding increases in areas of 
particular need for Northeast Ohio. There is $187 million dedicated to 
making emergency communication more reliable through interoperability 
funding. There is a $385 million increase in funding for NASA, an 
economic anchor for the region and the state. There is $273 million for 
research on more fuel-efficient vehicles, which will help our ailing 
auto industry and the other industries on which it relies. There is 
$40.7 billion in infrastructure funding, a $484 million increase over 
FY08 levels and an integral part of Northeast Ohio's economic recovery.
  However, I am deeply saddened and frustrated by sections of the State 
and Foreign Operations portion of this bill that continue 
counterproductive policies regarding the Middle East and drug policy. I 
am hopeful that with the leadership of President Obama a new U.S. 
policy on the Middle East will emerge. It is time for the U.S. to move 
beyond the biased policy contained in this portion of the bill.
  The surest way for this body to ensure the safety and security of 
Israel while encouraging peace in the Middle East is to craft a policy 
that encourages Israel to end the blockade of Gaza and the occupation 
of Palestinian lands. The U.S. must also call on Israel to implement a 
freeze on settlement building.
  Instead this bill undermines any effort to position the U.S. as an 
honest broker for peace in the region. The bill gives $75 million in 
funding for aid to be shared between Gaza and the West Bank while 
giving $2.4 billion in grants for Israel including $670 million for 
procurement of military equipment alone. Adding to this extreme 
imbalance, the bill also places far more restrictions on the 
humanitarian aid to Gaza than on the arms funding for Israel. If the 
U.S. was an honest broker of peace, the reverse would be true. The 
United Nations has declared in no uncertain terms that peace in the 
Middle East, which is the best way for Israel to achieve security, 
cannot be achieved militarily. By favoring arms over aid, this bill 
takes us in the wrong direction during a time when relations between 
Gaza and Israel are particularly strained.
  This bill also includes funding for counternarcotics initiatives in 
Afghanistan, Mexico, Colombia, and other regions in Latin America, 
continuing supply-side interdiction efforts that have done nothing to 
disturb the flow of illicit drugs into our country. Research clearly 
demonstrates that money directed to domestic demand-reduction efforts--
drug treatment, drug abuse prevention, youth intervention programs, and 
the like--is more effective at reducing drug consumption and curtailing 
the flow of illicit drugs into the country. Moreover, such efforts 
usually increase the price of drugs in circulation, which only leads to 
increased violence and crime in communities. So long as the demand for 
a product exists, enterprising drug dealers will find a way to get the 
drugs to those addicted to them.
  I support this bill because the needs of my district come first, and 
the money in this bill will go far toward alleviating the stress on my 
constituents and my district caused by the economic downturn. However, 
I find it reprehensible that I am also forced to support these other 
provisions, and I look forward to working with leadership and the 
Administration to support policies that engage all parties and 
encourage peace rather than aggression.
  Mr. FORBES. Mr. Speaker, I rise in opposition to a cost-of-living 
increase for Members of Congress. We are currently faced with difficult 
economic times and an expanding federal deficit. Our economy is in a 
recession, unemployment figures are on the rise, home values are 
falling, and our national debt exceeds $10 trillion. Congress must not 
insulate itself from the crises at hand and I believe it is past time 
for Congress to be responsible. The most immediate action we can take 
is to cancel the automatic pay increase system currently in place for 
Members of Congress.
  To address this issue, I recently cosponsored H.R. 156 in this 111th 
Congress, legislation that would prevent Members from receiving an 
automatic cost of living adjustment in the future. The 27th Amendment 
to the Constitution restricts the current Congress from altering its 
pay for 2009. I am disappointed that H.R. 156 was not brought to the 
House floor for a vote to address this important issue. Rather, this 
issue was lumped into a controversial 1100-plus page omnibus bill for 
political purposes. By not allowing an independent yes-or-no vote on 
this provision, we simply reinforce the impression that many important 
legislative measures are structured to be political gamesmanship. If 
Congress is to vote itself a pay raise, it should be done in sunlight 
in the full view of the American public, not through a quiet procedural 
motion hidden in the shadows. The people of Virginia deserve 
accountability and transparency from their elected officials.
  I oppose the automatic cost-of-living increase for Members of 
Congress. Each of us should be on the record with our constituents as 
to whether we believe an increase to our own salaries is justified. In 
this time of increased economic hardship, I am going on the record in 
firm opposition to this pay increase. Since I was not allowed to vote 
yes or no, this forum has become my only recourse. Until the procedural 
barriers are removed, we will not have the transparent process that 
Americans deserve from their government. I will continue to fight for 
fiscal responsibility at all levels of government spending.
  Mr. OBEY. I yield back the balance of my time.
  The SPEAKER pro tempore. All time for debate on the bill has expired.
  Pursuant to House Resolution 184, the previous question is ordered on 
the bill, as amended.
  The question is on the engrossment and third reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  Pursuant to clause 10 of rule XX, the yeas and nays are ordered.
  The vote was taken by electronic device, and there were--yeas 245, 
nays 178, not voting 8, as follows:

                             [Roll No. 86]

                               YEAS--245

     Abercrombie
     Ackerman
     Adler (NJ)
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Bono Mack
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Bright
     Brown, Corrine
     Brown-Waite, Ginny
     Butterfield
     Cao
     Capito
     Capps
     Capuano
     Carnahan
     Carney
     Carson (IN)
     Castle
     Castor (FL)
     Chandler
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Costello
     Courtney
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Dicks
     Dingell
     Doggett
     Doyle
     Edwards (MD)
     Edwards (TX)
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Foster
     Fudge
     Gerlach
     Gonzalez
     Gordon (TN)
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Gutierrez
     Hall (NY)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Herseth Sandlin
     Higgins
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kosmas
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Massa
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McHugh
     McIntyre
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (MI)
     Miller (NC)
     Miller, George
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Nadler (NY)
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perlmutter
     Peters
     Pingree (ME)
     Polis (CO)
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reichert
     Reyes
     Richardson
     Rodriguez
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman

[[Page 5759]]


     Shuler
     Sires
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Space
     Spratt
     Stupak
     Sutton
     Tauscher
     Teague
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Whitfield
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth
     Young (AK)

                               NAYS--178

     Aderholt
     Akin
     Alexander
     Austria
     Bachmann
     Barrett (SC)
     Bartlett
     Barton (TX)
     Bean
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cantor
     Cardoza
     Carter
     Chaffetz
     Childers
     Coble
     Coffman (CO)
     Cole
     Conaway
     Cooper
     Costa
     Crenshaw
     Culberson
     Davis (KY)
     Deal (GA)
     Diaz-Balart, L.
     Diaz-Balart, M.
     Donnelly (IN)
     Dreier
     Driehaus
     Duncan
     Ehlers
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Giffords
     Gingrey (GA)
     Gohmert
     Goodlatte
     Granger
     Graves
     Guthrie
     Hall (TX)
     Harper
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Hill
     Hoekstra
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jones
     Jordan (OH)
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Kratovil
     Lamborn
     Lance
     Latham
     LaTourette
     Latta
     Lee (NY)
     Lewis (CA)
     Linder
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     Marshall
     Matheson
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Minnick
     Mitchell
     Moran (KS)
     Myrick
     Neugebauer
     Nunes
     Nye
     Olson
     Paul
     Paulsen
     Pence
     Peterson
     Petri
     Pitts
     Platts
     Poe (TX)
     Posey
     Price (GA)
     Putnam
     Radanovich
     Rehberg
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Speier
     Stearns
     Sullivan
     Tanner
     Taylor
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Walden
     Wamp
     Westmoreland
     Wilson (SC)
     Wittman
     Wolf
     Young (FL)

                             NOT VOTING--8

     Bachus
     Campbell
     Cassidy
     Frank (MA)
     Miller, Gary
     Perriello
     Rush
     Stark

                              {time}  1550

  Messrs. HOEKSTRA, ROGERS of Michigan, BLUNT and HILL changed their 
vote from ``yea'' to ``nay.''
  Mr. NEAL of Massachusetts changed his vote from ``nay'' to ``yea.''
  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________