[House Report 110-875]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-875
======================================================================
 
 PROVIDING FOR CONSIDERATION OF THE SENATE AMENDMENT TO THE BILL (H.R. 
2638) MAKING APPROPRIATIONS FOR THE DEPARTMENT OF HOMELAND SECURITY FOR 
   THE FISCAL YEAR ENDING SEPTEMBER 30, 2008, AND FOR OTHER PURPOSES

                                _______
                                

 September 24 (legislative day, September 23), 2008.--Referred to the 
                House Calendar and ordered to be printed

                                _______
                                

   Mr. McGovern, from the Committee on Rules, submitted the following

                              R E P O R T

                      [To accompany H. Res. 1488]

    The Committee on Rules, having had under consideration 
House Resolution 1488, by a record vote of 9-4, report the same 
to the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of the Senate 
amendment to the bill (H.R. 2638), the Consolidated Security, 
Disaster Assistance, and Continuing Appropriations Act, 2009. 
The resolution would make in order a motion offered by the 
chairman of the Committee on Appropriations that the House 
concur in the Senate amendment with the amendment printed in 
this report.
    The rule waives all points of order against consideration 
of the motion except those arising under clause 10 of rule XXI. 
The motion shall be debatable for 1 hour equally divided and 
controlled by the chairman and ranking minority member of the 
Committee on Appropriations. The Senate amendment and the 
motion shall be considered as read.
    Notwithstanding the operation of the previous question, the 
Chair may postpone consideration of the motion to a time 
designated by the Speaker. The rule requires the chairman of 
the Committee on Appropriations to insert in the Congressional 
Record dated September 24, 2008, such material as he may deem 
explanatory of the motion.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
the motion (except those arising under clause 10 of rule XXI) 
includes a waiver of sections 302 and 306 of the Congressional 
Budget Act (prohibiting consideration in the House of an 
appropriation measure that includes funding in excess of a 
subcommittee's allocation and prohibiting consideration of a 
measure within the jurisdiction of the Committee on the Budget 
unless such measure has been reported by, or discharged from, 
the Committee on the Budget, respectively).

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 603

    Date: September 23, 2008.
    Measure: Consideration of Senate amendment to H.R. 2638.
    Motion by: Mr. Dreier.
    Summary of motion: To allow Mr. Lewis, the Ranking 
Republican member of the Committee on Appropriations, to offer 
an amendment of his choice.
    Results: Defeated 4-9.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings 
(WA)--Yea; Sessions--Yea; Slaughter--Nay.

Rules Committee record vote No. 604

    Date: September 23, 2008.
    Measure: Consideration of Senate amendment to H.R. 2638.
    Motion by: Mr. McGovern.
    Summary of motion: To report the rule.
    Results: Adopted 9-4.
    Vote by Members: McGovern--Yea; Hastings (FL)--Yea; 
Matsui--Yea; Cardoza--Yea; Welch--Yea; Castor--Yea; Arcuri--
Yea; Sutton--Yea; Dreier--Nay; Diaz-Balart--Nay; Hastings 
(WA)--Nay; Sessions--Nay; Slaughter--Yea.

      SUMMARY OF THE HOUSE AMENDMENT MADE IN ORDER UNDER THE RULE

    The House amendment strikes the text of the Senate 
amendment and inserts language continuing appropriations for 
fiscal year 2009, making emergency supplemental appropriations, 
and covering three regular fiscal year 2009 appropriations 
bills, each in a separate division.
    Division A provides continuing appropriations for all 
agencies and activities that would be covered by the regular 
fiscal year 2009 appropriations bills, until enactment of the 
applicable regular appropriations bill or until March 6, 2009, 
whichever occurs first. Emergency FY09 appropriations for 
LIHEAP and advanced technology vehicle manufacturing loans are 
also included.
    Division B provides $22.9 billion in emergency supplemental 
appropriations for relief and recovery from hurricanes, floods, 
and other natural disasters.
    Division C provides $487.7 billion in FY09 funding for the 
Department of Defense.
    Division D provides $40 billion in FY09 funding for the 
Department of Homeland Security.
    Division E provides $72.9 billion in FY09 funding for 
Military Construction and Veterans Affairs.

        TEXT OF THE HOUSE AMENDMENT MADE IN ORDER UNDER THE RULE

  In lieu of the matter proposed to be inserted by the Senate 
amendment, insert the following:

SECTION 1. SHORT TITLE.

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

SEC. 2. TABLE OF CONTENTS.

  The table of contents for this Act is as follows:

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

SEC. 3. REFERENCES.

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

SEC. 4. EXPLANATORY STATEMENT.

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


         DIVISION A--CONTINUING APPROPRIATIONS RESOLUTION, 2009

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

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

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

          TITLE I--RELIEF AND RECOVERY FROM NATURAL DISASTERS


              CHAPTER 1--AGRICULTURE AND RURAL DEVELOPMENT


                       DEPARTMENT OF AGRICULTURE


                      Office of Inspector General

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

                     Agricultural Research Service


                        buildings and facilities

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

               Animal and Plant Health Inspection Service


                         salaries and expenses

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

                 Natural Resources Conservation Service


                 emergency watershed protection program

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

                          Farm Service Agency


                     emergency conservation program

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

                       Rural Development Programs


               rural development disaster assistance fund

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

                    GENERAL PROVISIONS, THIS CHAPTER


                     (including transfers of funds)

  Sec. 10101. (a) Rural Development Disaster Assistance Fund.--
Hereafter, there is established in the Treasury a fund entitled 
the ``Rural Development Disaster Assistance Fund''.
  (b) Purpose and Availability of Fund.--Subject to subsection 
(d), amounts in the Rural Development Disaster Assistance Fund 
shall be available to the Secretary of Agriculture, until 
expended, to provide additional amounts for authorized 
activities of agencies of the Rural Development Mission Area in 
areas affected by a disaster declared by the President or the 
Secretary of Agriculture. Amounts so provided shall be in 
addition to any other amounts available to carry out the 
activity.
  (c) Waiver of Activity or Project Limitations.--The Secretary 
of Agriculture may waive any limits on population, income, or 
cost-sharing otherwise applicable to an activity or project for 
which amounts in the Rural Development Disaster Assistance Fund 
will be obligated under subsection (b), except that, if the 
amounts proposed to be obligated in connection with the 
disaster would exceed the amount specified in subsection (h), 
the notification required by that subsection shall include 
information and justification with regard to any waivers to be 
granted under this subsection.
  (d) Treatment of Certain Amounts in Fund.--Amounts 
appropriated directly to the Rural Development Disaster 
Assistance Fund by this Act or any subsequent Act for a 
specific purpose shall be available only for that purpose until 
such time as the transfer authority provided by subsection (f) 
takes effect with regard to the amounts. Only subsection (c), 
including the notification requirements of such subsection, and 
subsections (g) and (i) apply to amounts described in this 
subsection.
  (e) Transfer of Prior Appropriations to Fund.--The Secretary 
of Agriculture may transfer to the Rural Development Disaster 
Assistance Fund, and merge with other amounts generally 
appropriated to the Fund, the available unobligated balance of 
any amounts that were appropriated before the date of the 
enactment of this Act for programs and activities of the Rural 
Development Mission Area to respond to a disaster and were 
designated by the Congress as an emergency requirement if, in 
advance of the transfer, the Secretary determines that the 
unobligated amounts are no longer needed to respond to the 
disaster for which the amounts were originally appropriated and 
the Secretary provides a certification of this determination to 
the Committees on Appropriations of the House of 
Representatives and the Senate.
  (f) Transfer of Other Appropriations to Fund.--Unless 
otherwise specifically provided in an appropriations Act, the 
Secretary of Agriculture may transfer to or within the Rural 
Development Disaster Assistance Fund, and merge with other 
amounts generally appropriated to the Fund, the available 
unobligated balance of any amounts that are appropriated for 
fiscal year 2009 or any subsequent fiscal year for programs and 
activities of the Rural Development Mission Area to respond to 
a disaster and are designated by the Congress as an emergency 
requirement if, in advance of the transfer, the Secretary 
determines that the unobligated amounts are no longer needed to 
respond to the disaster for which the amounts were originally 
appropriated and the Secretary provides a certification of this 
determination to the Committees on Appropriations of the House 
of Representatives and the Senate. A transfer of unobligated 
amounts with respect to a disaster may not be made under this 
subsection until after the end of the two-year period beginning 
on the date on which the amounts were originally appropriated 
for that disaster.
  (g) Administrative Expenses.--In addition to any other funds 
available to the Secretary of Agriculture to cover 
administrative costs, the Secretary may use up to 3 percent of 
the amounts allocated from the Rural Development Disaster 
Assistance Fund for a specific disaster to cover administrative 
costs of Rural Development's State and local offices in the 
areas affected by the disaster to carry out disaster related 
activities.
  (h) Limitation on Per Disaster Obligations.--Amounts in the 
Rural Development Disaster Assistance Fund, except for amounts 
described in subsection (d) that are appropriated to the Fund 
and obligated in accordance with that subsection, may not be 
obligated in excess of $1,000,000 for a disaster until at least 
15 days after the date on which the Secretary of Agriculture 
notifies the Committees on Appropriations of the House of 
Representatives and the Senate of the Secretary's determination 
to obligate additional amounts and the reasons for the 
determination. The Secretary may not obligate more than 50 
percent of the funds contained in the Rural Development 
Disaster Assistance Fund for any one disaster unless the 
Secretary declares that there is a specific and extreme need 
that additional funds must be provided in response to such 
disaster at time of the obligation.
  (i) Quarterly Reports.--The Secretary of Agriculture shall 
submit, on a quarterly basis, to the Committees on 
Appropriations of the House of Representatives and the Senate a 
report describing the status of the Rural Development Disaster 
Assistance Fund and any transactions that have affected the 
Fund since the previous report.
  Sec. 10102.  Section 1601 (c)(2) of the Food, Conservation 
and Energy Act of 2008 (Public Law 110-246) shall apply in 
implementing section 12033 of such Act.

                    CHAPTER 2--COMMERCE AND SCIENCE


                         DEPARTMENT OF COMMERCE


                  Economic Development Administration


                economic development assistance programs

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

            National Oceanic and Atmospheric Administration


                  operations, research, and facilities

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

               procurement, acquisition, and construction

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

             NATIONAL AERONAUTICS AND SPACE ADMINISTRATION


                        Exploration Capabilities

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

                CHAPTER 3--ENERGY AND WATER DEVELOPMENT


                      DEPARTMENT OF DEFENSE--CIVIL


                         DEPARTMENT OF THE ARMY


                       Corps of Engineers--Civil


                              construction

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

                   mississippi river and tributaries

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

                       operation and maintenance

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

                 flood control and coastal emergencies

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

          CHAPTER 4--FINANCIAL SERVICES AND GENERAL GOVERNMENT


                          INDEPENDENT AGENCIES


                    General Services Administration


                        real property activities


                         federal buildings fund


                      construction and acquisition

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

                     Small Business Administration


                         salaries and expenses

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

                      office of inspector general

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

                     disaster loans program account

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

                      CHAPTER 5--HOMELAND SECURITY


                    DEPARTMENT OF HOMELAND SECURITY


                              Coast Guard


              acquisition, construction, and improvements


                     (including transfer of funds)

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

                  Federal Emergency Management Agency


                            disaster relief


                     (including transfers of funds)

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

                    GENERAL PROVISIONS, THIS CHAPTER


                    (including rescission of funds)

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

                  CHAPTER 6--INTERIOR AND ENVIRONMENT


                       DEPARTMENT OF THE INTERIOR


                       Bureau of Land Management


                        wildland fire management


                     (including transfers of funds)

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

                United States Fish and Wildlife Service


                              construction

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

                       DEPARTMENT OF AGRICULTURE


                             Forest Service


                  capital improvement and maintenance


                     (including transfers of funds)

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

                        wildland fire management


                     (including transfers of funds)

  For an additional amount for ``Wildland Fire Management'', 
$775,000,000, to remain available until expended, of which (1) 
$500,000,000 shall be available for emergency wildfire 
suppression and related activities, of which no less than 
$300,000,000 shall be transferred to Forest Service accounts 
within 15 days of enactment of this Act so that all such 
transfers for wildfire suppression in fiscal year 2008 are 
fully repaid, including $30,000,000 reallocated between 
programs in the Wildland Fire Management Account; and of which 
$100,000,000 shall be transferred within 15 days of enactment 
of this Act to the fund established by section 3 of Public Law 
71-319 (16 U.S.C. 576 et seq.) to repay transfers made for 
previous emergency wildfire suppression activities; (2) 
$175,000,000 shall be available for hazardous fuels reduction 
and hazard mitigation activities in areas at high risk of 
catastrophic wildfire due to population density and fuel loads, 
of which $125,000,000 is available for work on State and 
private lands using all the authorities available to the Forest 
Service; (3) $75,000,000 is for rehabilitation and restoration 
of Federal lands and may be transferred to other Forest Service 
accounts as necessary; and (4) $25,000,000 is for preparedness 
for retention initiatives in areas at high risk of catastrophic 
wildfire that face recurrent staffing shortages.

           CHAPTER 7--HEALTH AND HUMAN SERVICES AND EDUCATION


                DEPARTMENT OF HEALTH AND HUMAN SERVICES


                Administration for Children and Families


                      social services block grant

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

                        DEPARTMENT OF EDUCATION


                      School Improvement Programs

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

                    Higher Education Disaster Relief

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

                    GENERAL PROVISIONS, THIS CHAPTER

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

                    CHAPTER 8--MILITARY CONSTRUCTION


                         DEPARTMENT OF DEFENSE


               Military Construction, Army National Guard

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

         CHAPTER 9--DEPARTMENT OF STATE AND FOREIGN OPERATIONS


                       International Commissions


 international boundary and water commission, united states and mexico


                              construction

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

      CHAPTER 10--TRANSPORTATION AND HOUSING AND URBAN DEVELOPMENT


                      DEPARTMENT OF TRANSPORTATION


                     Federal Highway Administration


                          federal-aid highways


                        emergency relief program

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

                    Federal Railroad Administration


                   railroad rehabilitation and repair

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

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT


                       Public and Indian Housing


                     tenant-based rental assistance

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

                    project-based rental assistance

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

                      public housing capital fund

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

                   Community Planning and Development


                       community development fund

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

                    GENERAL PROVISIONS, THIS CHAPTER

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

              TITLE II--OTHER SUPPLEMENTAL APPROPRIATIONS


                CHAPTER 1--STATE AND FOREIGN OPERATIONS


                          DEPARTMENT OF STATE


                      Office of Inspector General


                     (including transfer of funds)

  For an additional amount for ``Office of Inspector General'', 
$9,000,000, which shall be transferred to the Special Inspector 
General for Afghanistan Reconstruction for reconstruction 
oversight, to remain available until September 30, 2010.

                     BILATERAL ECONOMIC ASSISTANCE


                  Other Bilateral Economic Assistance


                         economic support fund


                     (including transfer of funds)

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

                         CHAPTER 2--AGRICULTURE


                    BILL EMERSON HUMANITARIAN TRUST

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

                     TITLE III--GENERAL PROVISIONS


                              SHORT TITLE

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

                         EMERGENCY DESIGNATION

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

                       COORDINATION OF PROVISIONS

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

       DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2009

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

                                TITLE I


                           MILITARY PERSONNEL


                        Military Personnel, Army

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

                        Military Personnel, Navy

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

                    Military Personnel, Marine Corps

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

                     Military Personnel, Air Force

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

                        Reserve Personnel, Army

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

                        Reserve Personnel, Navy

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

                    Reserve Personnel, Marine Corps

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

                      Reserve Personnel, Air Force

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

                     National Guard Personnel, Army

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

                  National Guard Personnel, Air Force

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

                                TITLE II


                       OPERATION AND MAINTENANCE


                    Operation and Maintenance, Army


                     (INCLUDING TRANSFER OF FUNDS)

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

                    Operation and Maintenance, Navy

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

                Operation and Maintenance, Marine Corps

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

                  Operation and Maintenance, Air Force

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

                Operation and Maintenance, Defense-Wide


                     (INCLUDING TRANSFER OF FUNDS)

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

                Operation and Maintenance, Army Reserve

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

                Operation and Maintenance, Navy Reserve

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

            Operation and Maintenance, Marine Corps Reserve

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

              Operation and Maintenance, Air Force Reserve

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

             Operation and Maintenance, Army National Guard

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

             Operation and Maintenance, Air National Guard

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

          United States Court of Appeals for the Armed Forces

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

                    Environmental Restoration, Army


                     (INCLUDING TRANSFER OF FUNDS)

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

                    Environmental Restoration, Navy


                     (INCLUDING TRANSFER OF FUNDS)

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

                  Environmental Restoration, Air Force


                     (INCLUDING TRANSFER OF FUNDS)

  For the Department of the Air Force, $496,277,000, to remain 
available until transferred: Provided, That the Secretary of 
the Air Force shall, upon determining that such funds are 
required for environmental restoration, reduction and recycling 
of hazardous waste, removal of unsafe buildings and debris of 
the Department of the Air Force, or for similar purposes, 
transfer the funds made available by this appropriation to 
other appropriations made available to the Department of the 
Air Force, to be merged with and to be available for the same 
purposes and for the same time period as the appropriations to 
which transferred: Provided further, That upon a determination 
that all or part of the funds transferred from this 
appropriation are not necessary for the purposes provided 
herein, such amounts may be transferred back to this 
appropriation: Provided further, That the transfer authority 
provided under this heading is in addition to any other 
transfer authority provided elsewhere in this Act.

                Environmental Restoration, Defense-Wide


                     (INCLUDING TRANSFER OF FUNDS)

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

         Environmental Restoration, Formerly Used Defense Sites


                     (INCLUDING TRANSFER OF FUNDS)

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

             Overseas Humanitarian, Disaster, and Civic Aid

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

                  Cooperative Threat Reduction Account

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

                               TITLE III


                              PROCUREMENT


                       Aircraft Procurement, Army

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

                       Missile Procurement, Army

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

        Procurement of Weapons and Tracked Combat Vehicles, Army

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

                    Procurement of Ammunition, Army

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

                        Other Procurement, Army

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

                       Aircraft Procurement, Navy

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

                       Weapons Procurement, Navy

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

            Procurement of Ammunition, Navy and Marine Corps

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

                   Shipbuilding and Conversion, Navy

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

                        Other Procurement, Navy

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

                       Procurement, Marine Corps

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

                    Aircraft Procurement, Air Force

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

                     Missile Procurement, Air Force

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

                  Procurement of Ammunition, Air Force

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

                      Other Procurement, Air Force

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

                       Procurement, Defense-Wide

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

                  National Guard and Reserve Equipment

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

                    Defense Production Act Purchases

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

                                TITLE IV


               RESEARCH, DEVELOPMENT, TEST AND EVALUATION


            Research, Development, Test and Evaluation, Army

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

            Research, Development, Test and Evaluation, Navy

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

         Research, Development, Test and Evaluation, Air Force

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

        Research, Development, Test and Evaluation, Defense-Wide

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

                Operational Test and Evaluation, Defense

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

                                TITLE V


                     REVOLVING AND MANAGEMENT FUNDS


                     Defense Working Capital Funds

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

                     National Defense Sealift Fund

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

                                TITLE VI


                  OTHER DEPARTMENT OF DEFENSE PROGRAMS


                         Defense Health Program


                     (INCLUDING TRANSFER OF FUNDS)

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

           Chemical Agents and Munitions Destruction, Defense

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

         Drug Interdiction and Counter-Drug Activities, Defense


                     (INCLUDING TRANSFER OF FUNDS)

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

                    Office of the Inspector General

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

                               TITLE VII


                            RELATED AGENCIES


   Central Intelligence Agency Retirement and Disability System Fund

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

               Intelligence Community Management Account


                     (INCLUDING TRANSFER OF FUNDS)

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

                               TITLE VIII


                           GENERAL PROVISIONS

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

                          (TRANSFER OF FUNDS)

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

                          (TRANSFER OF FUNDS)

  Sec. 8009. During the current fiscal year, cash balances in 
working capital funds of the Department of Defense established 
pursuant to section 2208 of title 10, United States Code, may 
be maintained in only such amounts as are necessary at any time 
for cash disbursements to be made from such funds: Provided, 
That transfers may be made between such funds: Provided 
further, That transfers may be made between working capital 
funds and the ``Foreign Currency Fluctuations, Defense'' 
appropriation and the ``Operation and Maintenance'' 
appropriation accounts in such amounts as may be determined by 
the Secretary of Defense, with the approval of the Office of 
Management and Budget, except that such transfers may not be 
made unless the Secretary of Defense has notified the Congress 
of the proposed transfer. Except in amounts equal to the 
amounts appropriated to working capital funds in this Act, no 
obligations may be made against a working capital fund to 
procure or increase the value of war reserve material 
inventory, unless the Secretary of Defense has notified the 
Congress prior to any such obligation.
  Sec. 8010. Funds appropriated by this Act may not be used to 
initiate a special access program without prior notification 30 
calendar days in advance to the congressional defense 
committees.
  Sec. 8011. None of the funds provided in this Act shall be 
available to initiate: (1) a multiyear contract that employs 
economic order quantity procurement in excess of $20,000,000 in 
any one year of the contract or that includes an unfunded 
contingent liability in excess of $20,000,000; or (2) a 
contract for advance procurement leading to a multiyear 
contract that employs economic order quantity procurement in 
excess of $20,000,000 in any one year, unless the congressional 
defense committees have been notified at least 30 days in 
advance of the proposed contract award: Provided, That no part 
of any appropriation contained in this Act shall be available 
to initiate a multiyear contract for which the economic order 
quantity advance procurement is not funded at least to the 
limits of the Government's liability: Provided further, That no 
part of any appropriation contained in this Act shall be 
available to initiate multiyear procurement contracts for any 
systems or component thereof if the value of the multiyear 
contract would exceed $500,000,000 unless specifically provided 
in this Act: Provided further, That no multiyear procurement 
contract can be terminated without 10-day prior notification to 
the congressional defense committees: Provided further, That 
the execution of multiyear authority shall require the use of a 
present value analysis to determine lowest cost compared to an 
annual procurement: Provided further, That none of the funds 
provided in this Act may be used for a multiyear contract 
executed after the date of the enactment of this Act unless in 
the case of any such contract--
          (1) the Secretary of Defense has submitted to 
        Congress a budget request for full funding of units to 
        be procured through the contract and, in the case of a 
        contract for procurement of aircraft, that includes, 
        for any aircraft unit to be procured through the 
        contract for which procurement funds are requested in 
        that budget request for production beyond advance 
        procurement activities in the fiscal year covered by 
        the budget, full funding of procurement of such unit in 
        that fiscal year;
          (2) cancellation provisions in the contract do not 
        include consideration of recurring manufacturing costs 
        of the contractor associated with the production of 
        unfunded units to be delivered under the contract;
          (3) the contract provides that payments to the 
        contractor under the contract shall not be made in 
        advance of incurred costs on funded units; and
          (4) the contract does not provide for a price 
        adjustment based on a failure to award a follow-on 
        contract.
  Funds appropriated in title III of this Act may be used for a 
multiyear procurement contract as follows:
          SSN Virginia class submarine.
  Sec. 8012. Within the funds appropriated for the operation 
and maintenance of the Armed Forces, funds are hereby 
appropriated pursuant to section 401 of title 10, United States 
Code, for humanitarian and civic assistance costs under chapter 
20 of title 10, United States Code. Such funds may also be 
obligated for humanitarian and civic assistance costs 
incidental to authorized operations and pursuant to authority 
granted in section 401 of chapter 20 of title 10, United States 
Code, and these obligations shall be reported as required by 
section 401(d) of title 10, United States Code: Provided, That 
funds available for operation and maintenance shall be 
available for providing humanitarian and similar assistance by 
using Civic Action Teams in the Trust Territories of the 
Pacific Islands and freely associated states of Micronesia, 
pursuant to the Compact of Free Association as authorized by 
Public Law 99-239: Provided further, That upon a determination 
by the Secretary of the Army that such action is beneficial for 
graduate medical education programs conducted at Army medical 
facilities located in Hawaii, the Secretary of the Army may 
authorize the provision of medical services at such facilities 
and transportation to such facilities, on a nonreimbursable 
basis, for civilian patients from American Samoa, the 
Commonwealth of the Northern Mariana Islands, the Marshall 
Islands, the Federated States of Micronesia, Palau, and Guam.
  Sec. 8013. (a) During fiscal year 2009, the civilian 
personnel of the Department of Defense may not be managed on 
the basis of any end-strength, and the management of such 
personnel during that fiscal year shall not be subject to any 
constraint or limitation (known as an end-strength) on the 
number of such personnel who may be employed on the last day of 
such fiscal year.
  (b) The fiscal year 2010 budget request for the Department of 
Defense as well as all justification material and other 
documentation supporting the fiscal year 2010 Department of 
Defense budget request shall be prepared and submitted to the 
Congress as if subsections (a) and (b) of this provision were 
effective with regard to fiscal year 2010.
  (c) Nothing in this section shall be construed to apply to 
military (civilian) technicians.
  Sec. 8014. None of the funds made available by this Act shall 
be used in any way, directly or indirectly, to influence 
congressional action on any legislation or appropriation 
matters pending before the Congress.
  Sec. 8015. None of the funds appropriated by this Act shall 
be available for the basic pay and allowances of any member of 
the Army participating as a full-time student and receiving 
benefits paid by the Secretary of Veterans Affairs from the 
Department of Defense Education Benefits Fund when time spent 
as a full-time student is credited toward completion of a 
service commitment: Provided, That this section shall not apply 
to those members who have reenlisted with this option prior to 
October 1, 1987: Provided further, That this section applies 
only to active components of the Army.
  Sec. 8016. (a) None of the funds appropriated by this Act 
shall be available to convert to contractor performance an 
activity or function of the Department of Defense that, on or 
after the date of the enactment of this Act, is performed by 
more than 10 Department of Defense civilian employees unless--
          (1) the conversion is based on the result of a 
        public-private competition that includes a most 
        efficient and cost effective organization plan 
        developed by such activity or function;
          (2) the Competitive Sourcing Official determines 
        that, over all performance periods stated in the 
        solicitation of offers for performance of the activity 
        or function, the cost of performance of the activity or 
        function by a contractor would be less costly to the 
        Department of Defense by an amount that equals or 
        exceeds the lesser of--
                  (A) 10 percent of the most efficient 
                organization's personnel-related costs for 
                performance of that activity or function by 
                Federal employees; or
                  (B) $10,000,000; and
          (3) the contractor does not receive an advantage for 
        a proposal that would reduce costs for the Department 
        of Defense by--
                  (A) not making an employer-sponsored health 
                insurance plan available to the workers who are 
                to be employed in the performance of that 
                activity or function under the contract; or
                  (B) offering to such workers an employer-
                sponsored health benefits plan that requires 
                the employer to contribute less towards the 
                premium or subscription share than the amount 
                that is paid by the Department of Defense for 
                health benefits for civilian employees under 
                chapter 89 of title 5, United States Code.
  (b)(1) The Department of Defense, without regard to 
subsection (a) of this section or subsection (a), (b), or (c) 
of section 2461 of title 10, United States Code, and 
notwithstanding any administrative regulation, requirement, or 
policy to the contrary shall have full authority to enter into 
a contract for the performance of any commercial or industrial 
type function of the Department of Defense that--
          (A) is included on the procurement list established 
        pursuant to section 2 of the Javits-Wagner-O'Day Act 
        (41 U.S.C. 47);
          (B) is planned to be converted to performance by a 
        qualified nonprofit agency for the blind or by a 
        qualified nonprofit agency for other severely 
        handicapped individuals in accordance with that Act; or
          (C) is planned to be converted to performance by a 
        qualified firm under at least 51 percent ownership by 
        an Indian tribe, as defined in section 4(e) of the 
        Indian Self-Determination and Education Assistance Act 
        (25 U.S.C. 450b(e)), or a Native Hawaiian Organization, 
        as defined in section 8(a)(15) of the Small Business 
        Act (15 U.S.C. 637(a)(15)).
  (2) This section shall not apply to depot contracts or 
contracts for depot maintenance as provided in sections 2469 
and 2474 of title 10, United States Code.
  (c) The conversion of any activity or function of the 
Department of Defense under the authority provided by this 
section shall be credited toward any competitive or outsourcing 
goal, target, or measurement that may be established by 
statute, regulation, or policy and is deemed to be awarded 
under the authority of, and in compliance with, subsection (h) 
of section 2304 of title 10, United States Code, for the 
competition or outsourcing of commercial activities.

                          (TRANSFER OF FUNDS)

  Sec. 8017. Funds appropriated in title III of this Act for 
the Department of Defense Pilot Mentor-Protege Program may be 
transferred to any other appropriation contained in this Act 
solely for the purpose of implementing a Mentor-Protege Program 
developmental assistance agreement pursuant to section 831 of 
the National Defense Authorization Act for Fiscal Year 1991 
(Public Law 101-510; 10 U.S.C. 2302 note), as amended, under 
the authority of this provision or any other transfer authority 
contained in this Act.
  Sec. 8018. None of the funds in this Act may be available for 
the purchase by the Department of Defense (and its departments 
and agencies) of welded shipboard anchor and mooring chain 4 
inches in diameter and under unless the anchor and mooring 
chain are manufactured in the United States from components 
which are substantially manufactured in the United States: 
Provided, That for the purpose of this section manufactured 
will include cutting, heat treating, quality control, testing 
of chain and welding (including the forging and shot blasting 
process): Provided further, That for the purpose of this 
section substantially all of the components of anchor and 
mooring chain shall be considered to be produced or 
manufactured in the United States if the aggregate cost of the 
components produced or manufactured in the United States 
exceeds the aggregate cost of the components produced or 
manufactured outside the United States: Provided further, That 
when adequate domestic supplies are not available to meet 
Department of Defense requirements on a timely basis, the 
Secretary of the service responsible for the procurement may 
waive this restriction on a case-by-case basis by certifying in 
writing to the Committees on Appropriations that such an 
acquisition must be made in order to acquire capability for 
national security purposes.
  Sec. 8019. None of the funds available to the Department of 
Defense may be used to demilitarize or dispose of M-1 Carbines, 
M-1 Garand rifles, M-14 rifles, .22 caliber rifles, .30 caliber 
rifles, or M-1911 pistols.
  Sec. 8020. No more than $500,000 of the funds appropriated or 
made available in this Act shall be used during a single fiscal 
year for any single relocation of an organization, unit, 
activity or function of the Department of Defense into or 
within the National Capital Region: Provided, That the 
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the congressional 
defense committees that such a relocation is required in the 
best interest of the Government.
  Sec. 8021. In addition to the funds provided elsewhere in 
this Act, $15,000,000 is appropriated only for incentive 
payments authorized by section 504 of the Indian Financing Act 
of 1974 (25 U.S.C. 1544): Provided, That a prime contractor or 
a subcontractor at any tier that makes a subcontract award to 
any subcontractor or supplier as defined in section 1544 of 
title 25, United States Code, or a small business owned and 
controlled by an individual or individuals defined under 
section 4221(9) of title 25, United States Code, shall be 
considered a contractor for the purposes of being allowed 
additional compensation under section 504 of the Indian 
Financing Act of 1974 (25 U.S.C. 1544) whenever the prime 
contract or subcontract amount is over $500,000 and involves 
the expenditure of funds appropriated by an Act making 
Appropriations for the Department of Defense with respect to 
any fiscal year: Provided further, That notwithstanding section 
430 of title 41, United States Code, this section shall be 
applicable to any Department of Defense acquisition of supplies 
or services, including any contract and any subcontract at any 
tier for acquisition of commercial items produced or 
manufactured, in whole or in part by any subcontractor or 
supplier defined in section 1544 of title 25, United States 
Code, or a small business owned and controlled by an individual 
or individuals defined under section 4221(9) of title 25, 
United States Code.
  Sec. 8022. Funds appropriated by this Act for the Defense 
Media Activity shall not be used for any national or 
international political or psychological activities.
  Sec. 8023. None of the funds appropriated by this Act shall 
be available to perform any cost study pursuant to the 
provisions of OMB Circular A-76 if the study being performed 
exceeds a period of 24 months after initiation of such study 
with respect to a single function activity or 30 months after 
initiation of such study for a multi-function activity.
  Sec. 8024. During the current fiscal year, the Department of 
Defense is authorized to incur obligations of not to exceed 
$350,000,000 for purposes specified in section 2350j(c) of 
title 10, United States Code, in anticipation of receipt of 
contributions, only from the Government of Kuwait, under that 
section: Provided, That upon receipt, such contributions from 
the Government of Kuwait shall be credited to the 
appropriations or fund which incurred such obligations.
  Sec. 8025. (a) Of the funds made available in this Act, not 
less than $34,929,000 shall be available for the Civil Air 
Patrol Corporation, of which--
          (1) $26,605,000 shall be available from ``Operation 
        and Maintenance, Air Force'' to support Civil Air 
        Patrol Corporation operation and maintenance, 
        readiness, counterdrug activities, and drug demand 
        reduction activities involving youth programs;
          (2) $7,435,000 shall be available from ``Aircraft 
        Procurement, Air Force''; and
          (3) $889,000 shall be available from ``Other 
        Procurement, Air Force'' for vehicle procurement.
  (b) The Secretary of the Air Force should waive reimbursement 
for any funds used by the Civil Air Patrol for counter-drug 
activities in support of Federal, State, and local government 
agencies.
  Sec. 8026. (a) None of the funds appropriated in this Act are 
available to establish a new Department of Defense (department) 
federally funded research and development center (FFRDC), 
either as a new entity, or as a separate entity administrated 
by an organization managing another FFRDC, or as a nonprofit 
membership corporation consisting of a consortium of other 
FFRDCs and other non-profit entities.
  (b) No member of a Board of Directors, Trustees, Overseers, 
Advisory Group, Special Issues Panel, Visiting Committee, or 
any similar entity of a defense FFRDC, and no paid consultant 
to any defense FFRDC, except when acting in a technical 
advisory capacity, may be compensated for his or her services 
as a member of such entity, or as a paid consultant by more 
than one FFRDC in a fiscal year: Provided, That a member of any 
such entity referred to previously in this subsection shall be 
allowed travel expenses and per diem as authorized under the 
Federal Joint Travel Regulations, when engaged in the 
performance of membership duties.
  (c) Notwithstanding any other provision of law, none of the 
funds available to the department from any source during fiscal 
year 2009 may be used by a defense FFRDC, through a fee or 
other payment mechanism, for construction of new buildings, for 
payment of cost sharing for projects funded by Government 
grants, for absorption of contract overruns, or for certain 
charitable contributions, not to include employee participation 
in community service and/or development.
  (d) Notwithstanding any other provision of law, of the funds 
available to the department during fiscal year 2009, not more 
than 5,600 staff years of technical effort (staff years) may be 
funded for defense FFRDCs: Provided, That of the specific 
amount referred to previously in this subsection, not more than 
1,100 staff years may be funded for the defense studies and 
analysis FFRDCs: Provided further, That this subsection shall 
not apply to staff years funded in the National Intelligence 
Program (NIP) and the Military Intelligence Program (MIP).
  (e) The Secretary of Defense shall, with the submission of 
the department's fiscal year 2010 budget request, submit a 
report presenting the specific amounts of staff years of 
technical effort to be allocated for each defense FFRDC during 
that fiscal year and the associated budget estimates.
  (f) Notwithstanding any other provision of this Act, the 
total amount appropriated in this Act for FFRDCs is hereby 
reduced by $84,000,000.
  Sec. 8027. None of the funds appropriated or made available 
in this Act shall be used to procure carbon, alloy or armor 
steel plate for use in any Government-owned facility or 
property under the control of the Department of Defense which 
were not melted and rolled in the United States or Canada: 
Provided, That these procurement restrictions shall apply to 
any and all Federal Supply Class 9515, American Society of 
Testing and Materials (ASTM) or American Iron and Steel 
Institute (AISI) specifications of carbon, alloy or armor steel 
plate: Provided further, That the Secretary of the military 
department responsible for the procurement may waive this 
restriction on a case-by-case basis by certifying in writing to 
the Committees on Appropriations of the House of 
Representatives and the Senate that adequate domestic supplies 
are not available to meet Department of Defense requirements on 
a timely basis and that such an acquisition must be made in 
order to acquire capability for national security purposes: 
Provided further, That these restrictions shall not apply to 
contracts which are in being as of the date of the enactment of 
this Act.
  Sec. 8028. For the purposes of this Act, the term 
``congressional defense committees'' means the Armed Services 
Committee of the House of Representatives, the Armed Services 
Committee of the Senate, the Subcommittee on Defense of the 
Committee on Appropriations of the Senate, and the Subcommittee 
on Defense of the Committee on Appropriations of the House of 
Representatives.
  Sec. 8029. During the current fiscal year, the Department of 
Defense may acquire the modification, depot maintenance and 
repair of aircraft, vehicles and vessels as well as the 
production of components and other Defense-related articles, 
through competition between Department of Defense depot 
maintenance activities and private firms: Provided, That the 
Senior Acquisition Executive of the military department or 
Defense Agency concerned, with power of delegation, shall 
certify that successful bids include comparable estimates of 
all direct and indirect costs for both public and private bids: 
Provided further, That Office of Management and Budget Circular 
A-76 shall not apply to competitions conducted under this 
section.
  Sec. 8030. (a)(1) If the Secretary of Defense, after 
consultation with the United States Trade Representative, 
determines that a foreign country which is party to an 
agreement described in paragraph (2) has violated the terms of 
the agreement by discriminating against certain types of 
products produced in the United States that are covered by the 
agreement, the Secretary of Defense shall rescind the 
Secretary's blanket waiver of the Buy American Act with respect 
to such types of products produced in that foreign country.
  (2) An agreement referred to in paragraph (1) is any 
reciprocal defense procurement memorandum of understanding, 
between the United States and a foreign country pursuant to 
which the Secretary of Defense has prospectively waived the Buy 
American Act for certain products in that country.
  (b) The Secretary of Defense shall submit to the Congress a 
report on the amount of Department of Defense purchases from 
foreign entities in fiscal year 2009. Such report shall 
separately indicate the dollar value of items for which the Buy 
American Act was waived pursuant to any agreement described in 
subsection (a)(2), the Trade Agreement Act of 1979 (19 U.S.C. 
2501 et seq.), or any international agreement to which the 
United States is a party.
  (c) For purposes of this section, the term ``Buy American 
Act'' means title III of the Act entitled ``An Act making 
appropriations for the Treasury and Post Office Departments for 
the fiscal year ending June 30, 1934, and for other purposes'', 
approved March 3, 1933 (41 U.S.C. 10a et seq.).
  Sec. 8031. During the current fiscal year, amounts contained 
in the Department of Defense Overseas Military Facility 
Investment Recovery Account established by section 2921(c)(1) 
of the National Defense Authorization Act of 1991 (Public Law 
101-510; 10 U.S.C. 2687 note) shall be available until expended 
for the payments specified by section 2921(c)(2) of that Act.
  Sec. 8032. (a) Notwithstanding any other provision of law, 
the Secretary of the Air Force may convey at no cost to the Air 
Force, without consideration, to Indian tribes located in the 
States of North Dakota, South Dakota, Montana, and Minnesota 
relocatable military housing units located at Grand Forks Air 
Force Base and Minot Air Force Base that are excess to the 
needs of the Air Force.
  (b) The Secretary of the Air Force shall convey, at no cost 
to the Air Force, military housing units under subsection (a) 
in accordance with the request for such units that are 
submitted to the Secretary by the Operation Walking Shield 
Program on behalf of Indian tribes located in the States of 
North Dakota, South Dakota, Montana, and Minnesota.
  (c) The Operation Walking Shield Program shall resolve any 
conflicts among requests of Indian tribes for housing units 
under subsection (a) before submitting requests to the 
Secretary of the Air Force under subsection (b).
  (d) In this section, the term ``Indian tribe'' means any 
recognized Indian tribe included on the current list published 
by the Secretary of the Interior under section 104 of the 
Federally Recognized Indian Tribe Act of 1994 (Public Law 103-
454; 108 Stat. 4792; 25 U.S.C. 479a-1).
  Sec. 8033. During the current fiscal year, appropriations 
which are available to the Department of Defense for operation 
and maintenance may be used to purchase items having an 
investment item unit cost of not more than $250,000.
  Sec. 8034. (a) During the current fiscal year, none of the 
appropriations or funds available to the Department of Defense 
Working Capital Funds shall be used for the purchase of an 
investment item for the purpose of acquiring a new inventory 
item for sale or anticipated sale during the current fiscal 
year or a subsequent fiscal year to customers of the Department 
of Defense Working Capital Funds if such an item would not have 
been chargeable to the Department of Defense Business 
Operations Fund during fiscal year 1994 and if the purchase of 
such an investment item would be chargeable during the current 
fiscal year to appropriations made to the Department of Defense 
for procurement.
  (b) The fiscal year 2010 budget request for the Department of 
Defense as well as all justification material and other 
documentation supporting the fiscal year 2010 Department of 
Defense budget shall be prepared and submitted to the Congress 
on the basis that any equipment which was classified as an end 
item and funded in a procurement appropriation contained in 
this Act shall be budgeted for in a proposed fiscal year 2010 
procurement appropriation and not in the supply management 
business area or any other area or category of the Department 
of Defense Working Capital Funds.
  Sec. 8035. None of the funds appropriated by this Act for 
programs of the Central Intelligence Agency shall remain 
available for obligation beyond the current fiscal year, except 
for funds appropriated for the Reserve for Contingencies, which 
shall remain available until September 30, 2010: Provided, That 
funds appropriated, transferred, or otherwise credited to the 
Central Intelligence Agency Central Services Working Capital 
Fund during this or any prior or subsequent fiscal year shall 
remain available until expended: Provided further, That any 
funds appropriated or transferred to the Central Intelligence 
Agency for advanced research and development acquisition, for 
agent operations, and for covert action programs authorized by 
the President under section 503 of the National Security Act of 
1947, as amended, shall remain available until September 30, 
2010.
  Sec. 8036. Notwithstanding any other provision of law, funds 
made available in this Act for the Defense Intelligence Agency 
may be used for the design, development, and deployment of 
General Defense Intelligence Program intelligence 
communications and intelligence information systems for the 
Services, the Unified and Specified Commands, and the component 
commands.
  Sec. 8037. Of the funds appropriated to the Department of 
Defense under the heading ``Operation and Maintenance, Defense-
Wide'', not less than $12,000,000 shall be made available only 
for the mitigation of environmental impacts, including training 
and technical assistance to tribes, related administrative 
support, the gathering of information, documenting of 
environmental damage, and developing a system for 
prioritization of mitigation and cost to complete estimates for 
mitigation, on Indian lands resulting from Department of 
Defense activities.
  Sec. 8038. (a) None of the funds appropriated in this Act may 
be expended by an entity of the Department of Defense unless 
the entity, in expending the funds, complies with the Buy 
American Act. For purposes of this subsection, the term ``Buy 
American Act'' means title III of the Act entitled ``An Act 
making appropriations for the Treasury and Post Office 
Departments for the fiscal year ending June 30, 1934, and for 
other purposes'', approved March 3, 1933 (41 U.S.C. 10a et 
seq.).
  (b) If the Secretary of Defense determines that a person has 
been convicted of intentionally affixing a label bearing a 
``Made in America'' inscription to any product sold in or 
shipped to the United States that is not made in America, the 
Secretary shall determine, in accordance with section 2410f of 
title 10, United States Code, whether the person should be 
debarred from contracting with the Department of Defense.
  (c) In the case of any equipment or products purchased with 
appropriations provided under this Act, it is the sense of the 
Congress that any entity of the Department of Defense, in 
expending the appropriation, purchase only American-made 
equipment and products, provided that American-made equipment 
and products are cost-competitive, quality-competitive, and 
available in a timely fashion.
  Sec. 8039. None of the funds appropriated by this Act shall 
be available for a contract for studies, analysis, or 
consulting services entered into without competition on the 
basis of an unsolicited proposal unless the head of the 
activity responsible for the procurement determines--
          (1) as a result of thorough technical evaluation, 
        only one source is found fully qualified to perform the 
        proposed work;
          (2) the purpose of the contract is to explore an 
        unsolicited proposal which offers significant 
        scientific or technological promise, represents the 
        product of original thinking, and was submitted in 
        confidence by one source; or
          (3) the purpose of the contract is to take advantage 
        of unique and significant industrial accomplishment by 
        a specific concern, or to insure that a new product or 
        idea of a specific concern is given financial support: 
        Provided, That this limitation shall not apply to 
        contracts in an amount of less than $25,000, contracts 
        related to improvements of equipment that is in 
        development or production, or contracts as to which a 
        civilian official of the Department of Defense, who has 
        been confirmed by the Senate, determines that the award 
        of such contract is in the interest of the national 
        defense.
  Sec. 8040. (a) Except as provided in subsections (b) and (c), 
none of the funds made available by this Act may be used--
          (1) to establish a field operating agency; or
          (2) to pay the basic pay of a member of the Armed 
        Forces or civilian employee of the department who is 
        transferred or reassigned from a headquarters activity 
        if the member or employee's place of duty remains at 
        the location of that headquarters.
  (b) The Secretary of Defense or Secretary of a military 
department may waive the limitations in subsection (a), on a 
case-by-case basis, if the Secretary determines, and certifies 
to the Committees on Appropriations of the House of 
Representatives and Senate that the granting of the waiver will 
reduce the personnel requirements or the financial requirements 
of the department.
  (c) This section does not apply to--
          (1) field operating agencies funded within the 
        National Intelligence Program; or
          (2) an Army field operating agency established to 
        eliminate, mitigate, or counter the effects of 
        improvised explosive devices, and, as determined by the 
        Secretary of the Army, other similar threats.
  Sec. 8041. The Secretary of Defense, notwithstanding any 
other provision of law, acting through the Office of Economic 
Adjustment of the Department of Defense, may use funds made 
available in this Act under the heading ``Operation and 
Maintenance, Defense-Wide'' to make grants and supplement other 
Federal funds in accordance with the guidance provided in the 
explanatory statement described in section 4 (in the matter 
preceding division A of this consolidated Act).

                             (RESCISSIONS)

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

                     (INCLUDING TRANSFER OF FUNDS)

  Sec. 8053. During the current fiscal year, no more than 
$30,000,000 of appropriations made in this Act under the 
heading ``Operation and Maintenance, Defense-Wide'' may be 
transferred to appropriations available for the pay of military 
personnel, to be merged with, and to be available for the same 
time period as the appropriations to which transferred, to be 
used in support of such personnel in connection with support 
and services for eligible organizations and activities outside 
the Department of Defense pursuant to section 2012 of title 10, 
United States Code.
  Sec. 8054. During the current fiscal year, in the case of an 
appropriation account of the Department of Defense for which 
the period of availability for obligation has expired or which 
has closed under the provisions of section 1552 of title 31, 
United States Code, and which has a negative unliquidated or 
unexpended balance, an obligation or an adjustment of an 
obligation may be charged to any current appropriation account 
for the same purpose as the expired or closed account if--
          (1) the obligation would have been properly 
        chargeable (except as to amount) to the expired or 
        closed account before the end of the period of 
        availability or closing of that account;
          (2) the obligation is not otherwise properly 
        chargeable to any current appropriation account of the 
        Department of Defense; and
          (3) in the case of an expired account, the obligation 
        is not chargeable to a current appropriation of the 
        Department of Defense under the provisions of section 
        1405(b)(8) of the National Defense Authorization Act 
        for Fiscal Year 1991, Public Law 101-510, as amended 
        (31 U.S.C. 1551 note): Provided, That in the case of an 
        expired account, if subsequent review or investigation 
        discloses that there was not in fact a negative 
        unliquidated or unexpended balance in the account, any 
        charge to a current account under the authority of this 
        section shall be reversed and recorded against the 
        expired account: Provided further, That the total 
        amount charged to a current appropriation under this 
        section may not exceed an amount equal to 1 percent of 
        the total appropriation for that account.
  Sec. 8055. (a) Notwithstanding any other provision of law, 
the Chief of the National Guard Bureau may permit the use of 
equipment of the National Guard Distance Learning Project by 
any person or entity on a space-available, reimbursable basis. 
The Chief of the National Guard Bureau shall establish the 
amount of reimbursement for such use on a case-by-case basis.
  (b) Amounts collected under subsection (a) shall be credited 
to funds available for the National Guard Distance Learning 
Project and be available to defray the costs associated with 
the use of equipment of the project under that subsection. Such 
funds shall be available for such purposes without fiscal year 
limitation.
  Sec. 8056. Using funds available by this Act or any other 
Act, the Secretary of the Air Force, pursuant to a 
determination under section 2690 of title 10, United States 
Code, may implement cost-effective agreements for required 
heating facility modernization in the Kaiserslautern Military 
Community in the Federal Republic of Germany: Provided, That in 
the City of Kaiserslautern such agreements will include the use 
of United States anthracite as the base load energy for 
municipal district heat to the United States Defense 
installations: Provided further, That at Landstuhl Army 
Regional Medical Center and Ramstein Air Base, furnished heat 
may be obtained from private, regional or municipal services, 
if provisions are included for the consideration of United 
States coal as an energy source.
  Sec. 8057. None of the funds appropriated in title IV of this 
Act may be used to procure end-items for delivery to military 
forces for operational training, operational use or inventory 
requirements: Provided, That this restriction does not apply to 
end-items used in development, prototyping, and test activities 
preceding and leading to acceptance for operational use: 
Provided further, That this restriction does not apply to 
programs funded within the National Intelligence Program: 
Provided further, That the Secretary of Defense may waive this 
restriction on a case-by-case basis by certifying in writing to 
the Committees on Appropriations of the House of 
Representatives and the Senate that it is in the national 
security interest to do so.
  Sec. 8058. Notwithstanding any other provision of law, funds 
available to the Department of Defense in this Act, and 
hereafter, shall be made available to provide transportation of 
medical supplies and equipment, on a nonreimbursable basis, to 
American Samoa, and funds available to the Department of 
Defense shall be made available to provide transportation of 
medical supplies and equipment, on a nonreimbursable basis, to 
the Indian Health Service when it is in conjunction with a 
civil-military project.
  Sec. 8059. None of the funds made available in this Act may 
be used to approve or license the sale of the F-22A advanced 
tactical fighter to any foreign government.
  Sec. 8060. (a) The Secretary of Defense may, on a case-by-
case basis, waive with respect to a foreign country each 
limitation on the procurement of defense items from foreign 
sources provided in law if the Secretary determines that the 
application of the limitation with respect to that country 
would invalidate cooperative programs entered into between the 
Department of Defense and the foreign country, or would 
invalidate reciprocal trade agreements for the procurement of 
defense items entered into under section 2531 of title 10, 
United States Code, and the country does not discriminate 
against the same or similar defense items produced in the 
United States for that country.
  (b) Subsection (a) applies with respect to--
          (1) contracts and subcontracts entered into on or 
        after the date of the enactment of this Act; and
          (2) options for the procurement of items that are 
        exercised after such date under contracts that are 
        entered into before such date if the option prices are 
        adjusted for any reason other than the application of a 
        waiver granted under subsection (a).
  (c) Subsection (a) does not apply to a limitation regarding 
construction of public vessels, ball and roller bearings, food, 
and clothing or textile materials as defined by section 11 
(chapters 50-65) of the Harmonized Tariff Schedule and products 
classified under headings 4010, 4202, 4203, 6401 through 6406, 
6505, 7019, 7218 through 7229, 7304.41 through 7304.49, 
7306.40, 7502 through 7508, 8105, 8108, 8109, 8211, 8215, and 
9404.
  Sec. 8061. (a) None of the funds made available by this Act 
may be used to support any training program involving a unit of 
the security forces of a foreign country if the Secretary of 
Defense has received credible information from the Department 
of State that the unit has committed a gross violation of human 
rights, unless all necessary corrective steps have been taken.
  (b) The Secretary of Defense, in consultation with the 
Secretary of State, shall ensure that prior to a decision to 
conduct any training program referred to in subsection (a), 
full consideration is given to all credible information 
available to the Department of State relating to human rights 
violations by foreign security forces.
  (c) The Secretary of Defense, after consultation with the 
Secretary of State, may waive the prohibition in subsection (a) 
if he determines that such waiver is required by extraordinary 
circumstances.
  (d) Not more than 15 days after the exercise of any waiver 
under subsection (c), the Secretary of Defense shall submit a 
report to the congressional defense committees describing the 
extraordinary circumstances, the purpose and duration of the 
training program, the United States forces and the foreign 
security forces involved in the training program, and the 
information relating to human rights violations that 
necessitates the waiver.
  Sec. 8062. None of the funds appropriated or made available 
in this Act to the Department of the Navy shall be used to 
develop, lease or procure the T-AKE class of ships unless the 
main propulsion diesel engines and propulsors are manufactured 
in the United States by a domestically operated entity: 
Provided, That the Secretary of Defense may waive this 
restriction on a case-by-case basis by certifying in writing to 
the Committees on Appropriations of the House of 
Representatives and the Senate that adequate domestic supplies 
are not available to meet Department of Defense requirements on 
a timely basis and that such an acquisition must be made in 
order to acquire capability for national security purposes or 
there exists a significant cost or quality difference.
  Sec. 8063. None of the funds appropriated or otherwise made 
available by this or other Department of Defense Appropriations 
Acts may be obligated or expended for the purpose of performing 
repairs or maintenance to military family housing units of the 
Department of Defense, including areas in such military family 
housing units that may be used for the purpose of conducting 
official Department of Defense business.
  Sec. 8064. Notwithstanding any other provision of law, funds 
appropriated in this Act under the heading ``Research, 
Development, Test and Evaluation, Defense-Wide'' for any new 
start advanced concept technology demonstration project or 
joint capability demonstration project may only be obligated 30 
days after a report, including a description of the project, 
the planned acquisition and transition strategy and its 
estimated annual and total cost, has been provided in writing 
to the congressional defense committees: Provided, That the 
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying to the congressional defense 
committees that it is in the national interest to do so.
  Sec. 8065. The Secretary of Defense shall provide a 
classified quarterly report beginning 30 days after enactment 
of this Act, to the House and Senate Appropriations Committees, 
Subcommittees on Defense on certain matters as directed in the 
classified annex accompanying this Act.
  Sec. 8066. During the current fiscal year, none of the funds 
available to the Department of Defense may be used to provide 
support to another department or agency of the United States if 
such department or agency is more than 90 days in arrears in 
making payment to the Department of Defense for goods or 
services previously provided to such department or agency on a 
reimbursable basis: Provided, That this restriction shall not 
apply if the department is authorized by law to provide support 
to such department or agency on a nonreimbursable basis, and is 
providing the requested support pursuant to such authority: 
Provided further, That the Secretary of Defense may waive this 
restriction on a case-by-case basis by certifying in writing to 
the Committees on Appropriations of the House of 
Representatives and the Senate that it is in the national 
security interest to do so.
  Sec. 8067. Notwithstanding section 12310(b) of title 10, 
United States Code, a Reserve who is a member of the National 
Guard serving on full-time National Guard duty under section 
502(f) of title 32, United States Code, may perform duties in 
support of the ground-based elements of the National Ballistic 
Missile Defense System.
  Sec. 8068. None of the funds provided in this Act may be used 
to transfer to any nongovernmental entity ammunition held by 
the Department of Defense that has a center-fire cartridge and 
a United States military nomenclature designation of ``armor 
penetrator'', ``armor piercing (AP)'', ``armor piercing 
incendiary (API)'', or ``armor-piercing incendiary-tracer (API-
T)'', except to an entity performing demilitarization services 
for the Department of Defense under a contract that requires 
the entity to demonstrate to the satisfaction of the Department 
of Defense that armor piercing projectiles are either: (1) 
rendered incapable of reuse by the demilitarization process; or 
(2) used to manufacture ammunition pursuant to a contract with 
the Department of Defense or the manufacture of ammunition for 
export pursuant to a License for Permanent Export of 
Unclassified Military Articles issued by the Department of 
State.
  Sec. 8069. Notwithstanding any other provision of law, the 
Chief of the National Guard Bureau, or his designee, may waive 
payment of all or part of the consideration that otherwise 
would be required under section 2667 of title 10, United States 
Code, in the case of a lease of personal property for a period 
not in excess of 1 year to any organization specified in 
section 508(d) of title 32, United States Code, or any other 
youth, social, or fraternal nonprofit organization as may be 
approved by the Chief of the National Guard Bureau, or his 
designee, on a case-by-case basis.
  Sec. 8070. None of the funds appropriated by this Act shall 
be used for the support of any nonappropriated funds activity 
of the Department of Defense that procures malt beverages and 
wine with nonappropriated funds for resale (including such 
alcoholic beverages sold by the drink) on a military 
installation located in the United States unless such malt 
beverages and wine are procured within that State, or in the 
case of the District of Columbia, within the District of 
Columbia, in which the military installation is located: 
Provided, That in a case in which the military installation is 
located in more than one State, purchases may be made in any 
State in which the installation is located: Provided further, 
That such local procurement requirements for malt beverages and 
wine shall apply to all alcoholic beverages only for military 
installations in States which are not contiguous with another 
State: Provided further, That alcoholic beverages other than 
wine and malt beverages, in contiguous States and the District 
of Columbia shall be procured from the most competitive source, 
price and other factors considered.
  Sec. 8071. Funds available to the Department of Defense for 
the Global Positioning System during the current fiscal year 
may be used to fund civil requirements associated with the 
satellite and ground control segments of such system's 
modernization program.

                     (INCLUDING TRANSFER OF FUNDS)

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

                     (INCLUDING TRANSFER OF FUNDS)

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

                     (INCLUDING TRANSFER OF FUNDS)

  Sec. 8077. Of the amounts appropriated in this Act under the 
heading ``Shipbuilding and Conversion, Navy'', $165,152,000 
shall be available until September 30, 2009, to fund prior year 
shipbuilding cost increases: Provided, That upon enactment of 
this Act, the Secretary of the Navy shall transfer such funds 
to the following appropriations in the amounts specified: 
Provided further, That the amounts transferred shall be merged 
with and be available for the same purposes as the 
appropriations to which transferred:
  To:
  Under the heading ``Shipbuilding and Conversion, Navy, 2001/
2009'':
  Carrier Replacement Program, $20,516,000;
  Under the heading ``Shipbuilding and Conversion, Navy, 2002/
2009'':
  New SSN, $21,000,000;
  Under the heading ``Shipbuilding and Conversion, Navy, 2003/
2009'':
  LPD-17 Amphibious Transport Dock Program, $33,082,000;
  Under the heading ``Shipbuilding and Conversion, Navy, 2004/
2009'':
  New SSN, $60,000,000;
  Under the heading ``Shipbuilding and Conversion, Navy, 2007/
2011'':
  LHA Replacement Program, $14,310,000; and
  Under the heading ``Shipbuilding and Conversion, Navy, 2008/
2012'':
  SSBN Submarine Refuelings, $16,244,000.
  Sec. 8078. None of the funds available to the Department of 
Defense may be obligated to modify command and control 
relationships to give Fleet Forces Command administrative and 
operational control of U.S. Navy forces assigned to the Pacific 
fleet: Provided, That the command and control relationships 
which existed on October 1, 2004, shall remain in force unless 
changes are specifically authorized in a subsequent Act.
  Sec. 8079. Notwithstanding any other provision of law or 
regulation, the Secretary of Defense may exercise the 
provisions of section 7403(g) of title 38, United States Code, 
for occupations listed in section 7403(a)(2) of title 38, 
United States Code, as well as the following:
          Pharmacists, Audiologists, Psychologists, Social 
        Workers, Othotists/Prosthetists, Occupational 
        Therapists, Physical Therapists, Rehabilitation 
        Therapists, Respiratory Therapists, Speech 
        Pathologists, Dietitian/Nutritionists, Industrial 
        Hygienists, Psychology Technicians, Social Service 
        Assistants, Practical Nurses, Nursing Assistants, and 
        Dental Hygienists:
                  (A) The requirements of section 7403(g)(1)(A) 
                of title 38, United States Code, shall apply.
                  (B) The limitations of section 7403(g)(1)(B) 
                of title 38, United States Code, shall not 
                apply.
  Sec. 8080. Funds appropriated by this Act, or made available 
by the transfer of funds in this Act, for intelligence 
activities are deemed to be specifically authorized by the 
Congress for purposes of section 504 of the National Security 
Act of 1947 (50 U.S.C. 414) during fiscal year 2009 until the 
enactment of the Intelligence Authorization Act for Fiscal Year 
2009.
  Sec. 8081. None of the funds provided in this Act shall be 
available for obligation or expenditure through a reprogramming 
of funds that creates or initiates a new program, project, or 
activity unless such program, project, or activity must be 
undertaken immediately in the interest of national security and 
only after written prior notification to the congressional 
defense committees.
  Sec. 8082. (a) In addition to the amounts provided elsewhere 
in this Act, $3,000,000 is hereby appropriated to the 
Department of Defense for ``Operation and Maintenance, Army 
National Guard''. Such amount shall be made available to the 
Secretary of the Army only to make a grant in the amount of 
$3,000,000 to the entity specified in subsection (b) to 
facilitate access by veterans to opportunities for skilled 
employment in the construction industry.
  (b) The entity referred to in subsection (a) is the Center 
for Military Recruitment, Assessment and Veterans Employment, a 
nonprofit labor-management cooperation committee provided for 
by section 302(c)(9) of the Labor-Management Relations Act, 
1947 (29 U.S.C. 186(c)(9)), for the purposes set forth in 
section 6(b) of the Labor Management Cooperation Act of 1978 
(29 U.S.C. 175a note).
  Sec. 8083. In addition to funds made available elsewhere in 
this Act, $5,500,000 is hereby appropriated and shall remain 
available until expended to provide assistance, by grant or 
otherwise (such as, but not limited to, the provision of funds 
for repairs, maintenance, construction, and/or for the purchase 
of information technology, text books, teaching resources), to 
public schools that have unusually high concentrations of 
special needs military dependents enrolled: Provided, That in 
selecting school systems to receive such assistance, special 
consideration shall be given to school systems in States that 
are considered overseas assignments, and all schools within 
these school systems shall be eligible for assistance: Provided 
further, That up to 2 percent of the total appropriated funds 
under this section shall be available to support the 
administration and execution of the funds or program and/or 
events that promote the purpose of this appropriation (e.g. 
payment of travel and per diem of school teachers attending 
conferences or a meeting that promotes the purpose of this 
appropriation and/or consultant fees for on-site training of 
teachers, staff, or Joint Venture Education Forum (JVEF) 
Committee members): Provided further, That up to $300,000 shall 
be available to examine human capital, family and quality of 
life issues relating to military presence in Hawaii: Provided 
further, That up to $2,000,000 shall be available for the 
Department of Defense to establish a nonprofit trust fund to 
assist in the public-private funding of public school repair 
and maintenance projects, or provide directly to nonprofit 
organizations who in return will use these monies to provide 
assistance in the form of repair, maintenance, or renovation to 
public school systems that have high concentrations of special 
needs military dependents and are located in States that are 
considered overseas assignments: Provided further, That to the 
extent a Federal agency provides this assistance, by contract, 
grant, or otherwise, it may accept and expend non-Federal funds 
in combination with these Federal funds to provide assistance 
for the authorized purpose, if the non-Federal entity requests 
such assistance and the non-Federal funds are provided on a 
reimbursable basis.
  Sec. 8084. In addition to the amounts appropriated or 
otherwise made available elsewhere in this Act, $112,400,000 is 
hereby appropriated to the Department of Defense: Provided, 
That the Secretary of Defense shall make grants in the amounts 
specified as follows: $20,000,000 to the United Service 
Organizations; $30,000,000 to the Red Cross; $15,000,000 for 
the Waterbury Industrial Commons Redevelopment Project; 
$4,750,000 for the SOAR Virtual School District; $1,750,000 to 
The Presidio Trust; $5,000,000 to the STEM Education Research 
Center; $10,000,000 to the Intrepid Museum Foundation; 
$4,000,000 to the Go For Broke National Education Center; 
$9,900,000 to the U.S.S. Missouri Memorial Association; 
$4,000,000 to the Nimitz Center; $3,000,000 to Special Olympics 
International; and $5,000,000 to the Paralympics Military 
Program.
  Sec. 8085. The Department of Defense and the Department of 
the Army shall make future budgetary and programming plans to 
fully finance the Non-Line of Sight Future Force cannon (NLOS-
C) and a compatible large caliber ammunition resupply 
capability for this system supported by the Future Combat 
Systems (FCS) Brigade Combat Team (BCT) in order to field this 
system in fiscal year 2010: Provided, That the Army shall 
develop the NLOS-C independent of the broader FCS development 
timeline to achieve fielding by fiscal year 2010. In addition, 
the Army will deliver five pre-production NLOS-C systems by the 
end of calendar year 2008 and three pre-production NLOS-C 
systems by the end of calendar year 2009. These systems shall 
be in addition to those systems necessary for developmental and 
operational testing.
  Sec. 8086. The budget of the President for fiscal year 2010 
submitted to the Congress pursuant to section 1105 of title 31, 
United States Code, shall include separate budget justification 
documents for costs of United States Armed Forces' 
participation in contingency operations for the Military 
Personnel accounts, the Operation and Maintenance accounts, and 
the Procurement accounts: Provided, That these documents shall 
include a description of the funding requested for each 
contingency operation, for each military service, to include 
all Active and Reserve components, and for each appropriations 
account: Provided further, That these documents shall include 
estimated costs for each element of expense or object class, a 
reconciliation of increases and decreases for each contingency 
operation, and programmatic data including, but not limited to, 
troop strength for each Active and Reserve component, and 
estimates of the major weapons systems deployed in support of 
each contingency: Provided further, That these documents shall 
include budget exhibits OP-5 and OP-32 (as defined in the 
Department of Defense Financial Management Regulation) for all 
contingency operations for the budget year and the two 
preceding fiscal years.
  Sec. 8087. None of the funds in this Act may be used for 
research, development, test, evaluation, procurement or 
deployment of nuclear armed interceptors of a missile defense 
system.
  Sec. 8088. Up to $2,500,000 of the funds appropriated under 
the heading ``Operation and Maintenance, Navy'' in this Act for 
the Pacific Missile Range Facility may be made available to 
contract for the repair, maintenance, and operation of adjacent 
off-base water, drainage, and flood control systems, electrical 
upgrade to support additional missions critical to base 
operations, and support for a range footprint expansion to 
further guard against encroachment.
  Sec. 8089. None of the funds appropriated or made available 
in this Act shall be used to reduce or disestablish the 
operation of the 53rd Weather Reconnaissance Squadron of the 
Air Force Reserve, if such action would reduce the WC-130 
Weather Reconnaissance mission below the levels funded in this 
Act: Provided, That the Air Force shall allow the 53rd Weather 
Reconnaissance Squadron to perform other missions in support of 
national defense requirements during the non-hurricane season.
  Sec. 8090. None of the funds provided in this Act shall be 
available for integration of foreign intelligence information 
unless the information has been lawfully collected and 
processed during the conduct of authorized foreign intelligence 
activities: Provided, That information pertaining to United 
States persons shall only be handled in accordance with 
protections provided in the Fourth Amendment of the United 
States Constitution as implemented through Executive Order No. 
12333.
  Sec. 8091. (a) At the time members of reserve components of 
the Armed Forces are called or ordered to active duty under 
section 12302(a) of title 10, United States Code, each member 
shall be notified in writing of the expected period during 
which the member will be mobilized.
  (b) The Secretary of Defense may waive the requirements of 
subsection (a) in any case in which the Secretary determines 
that it is necessary to do so to respond to a national security 
emergency or to meet dire operational requirements of the Armed 
Forces.

                     (INCLUDING TRANSFER OF FUNDS)

  Sec. 8092. The Secretary of Defense may transfer funds from 
any available Department of the Navy appropriation to any 
available Navy ship construction appropriation for the purpose 
of liquidating necessary changes resulting from inflation, 
market fluctuations, or rate adjustments for any ship 
construction program appropriated in law: Provided, That the 
Secretary may transfer not to exceed $100,000,000 under the 
authority provided by this section: Provided further, That the 
Secretary may not transfer any funds until 30 days after the 
proposed transfer has been reported to the Committees on 
Appropriations of the House of Representatives and the Senate, 
unless a response from the Committees is received sooner: 
Provided further, That the transfer authority provided by this 
section is in addition to any other transfer authority 
contained elsewhere in this Act.
  Sec. 8093. For purposes of section 612 of title 41, United 
States Code, any subdivision of appropriations made under the 
heading ``Shipbuilding and Conversion, Navy'' that is not 
closed at the time reimbursement is made shall be available to 
reimburse the Judgment Fund and shall be considered for the 
same purposes as any subdivision under the heading 
``Shipbuilding and Conversion, Navy'' appropriations in the 
current fiscal year or any prior fiscal year.
  Sec. 8094. (a) None of the funds appropriated by this Act may 
be used to transfer research and development, acquisition, or 
other program authority relating to current tactical unmanned 
aerial vehicles (TUAVs) from the Army.
  (b) The Army shall retain responsibility for and operational 
control of the MQ-1C Sky Warrior Unmanned Aerial Vehicle (UAV) 
in order to support the Secretary of Defense in matters 
relating to the employment of unmanned aerial vehicles.
  (c) None of the funds appropriated by this Act may be used to 
institute an inter-Service common contract for acquisition of 
MQ-1 or MQ-1C UAVs until 30 days after the Secretary of Defense 
certifies to the congressional defense committees that a common 
contract would achieve cost savings, be interoperable with, and 
not create undue sustainment costs compared to the current 
fleet.
  Sec. 8095. None of the funds appropriated by this Act, and 
hereafter, available for the Civilian Health and Medical 
Program of the Uniformed Services (CHAMPUS) or TRICARE shall be 
available for the reimbursement of any health care provider for 
inpatient mental health service for care received when a 
patient is referred to a provider of inpatient mental health 
care or residential treatment care by a medical or health care 
professional having an economic interest in the facility to 
which the patient is referred: Provided, That this limitation 
does not apply in the case of inpatient mental health services 
provided under the program for persons with disabilities under 
subsection (d) of section 1079 of title 10, United States Code, 
provided as partial hospital care, or provided pursuant to a 
waiver authorized by the Secretary of Defense because of 
medical or psychological circumstances of the patient that are 
confirmed by a health professional who is not a Federal 
employee after a review, pursuant to rules prescribed by the 
Secretary, which takes into account the appropriate level of 
care for the patient, the intensity of services required by the 
patient, and the availability of that care.
  Sec. 8096. Of the funds provided in this Act, $10,000,000 
shall be available for the operations and development of 
training and technology for the Joint Interagency Training and 
Education Center and the affiliated Center for National 
Response at the Memorial Tunnel and for providing homeland 
defense/security and traditional warfighting training to the 
Department of Defense, other Federal agencies, and State and 
local first responder personnel at the Joint Interagency 
Training and Education Center.
  Sec. 8097. Notwithstanding any other provision of law or 
regulation, the Secretary of Defense may adjust wage rates for 
civilian employees hired for certain health care occupations as 
authorized for the Secretary of Veterans Affairs by section 
7455 of title 38, United States Code.
  Sec. 8098. The authority to conduct a continuing cooperative 
program in the proviso in title II of Public Law 102-368 under 
the heading ``Research, Development, Test and Evaluation, 
Defense Agencies'' (106 Stat. 1121) shall be extended through 
September 30, 2009 and hereafter, in cooperation with NELHA.
  Sec. 8099. Up to $15,000,000 of the funds appropriated under 
the heading, ``Operation and Maintenance, Navy'' may be made 
available for the Asia Pacific Regional Initiative Program for 
the purpose of enabling the Pacific Command to execute Theater 
Security Cooperation activities such as humanitarian 
assistance, and payment of incremental and personnel costs of 
training and exercising with foreign security forces: Provided, 
That funds made available for this purpose may be used, 
notwithstanding any other funding authorities for humanitarian 
assistance, security assistance or combined exercise expenses: 
Provided further, That funds may not be obligated to provide 
assistance to any foreign country that is otherwise prohibited 
from receiving such type of assistance under any other 
provision of law.
  Sec. 8100. None of the funds appropriated by this Act for 
programs of the Office of the Director of National Intelligence 
shall remain available for obligation beyond the current fiscal 
year, except for funds appropriated for research and 
technology, which shall remain available until September 30, 
2010.
  Sec. 8101. Notwithstanding any other provision of this Act, 
to reflect savings from revised economic assumptions, the total 
amount appropriated in title II of this Act is hereby reduced 
by $313,780,000, the total amount appropriated in title III of 
this Act is hereby reduced by $298,000,000, and the total 
amount appropriated in title IV of this Act is hereby reduced 
by $218,000,000: Provided, That the Secretary of Defense shall 
allocate this reduction proportionally to each budget activity, 
activity group, subactivity group, and each program, project, 
and activity, within each appropriation account.
  Sec. 8102. For purposes of section 1553(b) of title 31, 
United States Code, any subdivision of appropriations made in 
this Act under the heading ``Shipbuilding and Conversion, 
Navy'' shall be considered to be for the same purpose as any 
subdivision under the heading ``Shipbuilding and Conversion, 
Navy'' appropriations in any prior fiscal year, and the 1 
percent limitation shall apply to the total amount of the 
appropriation.
  Sec. 8103. Notwithstanding any other provision of law, that 
not more than 35 percent of funds provided in this Act for 
environmental remediation may be obligated under indefinite 
delivery/indefinite quantity contracts with a total contract 
value of $130,000,000 or higher.
  Sec. 8104. The Secretary of Defense shall create a major 
force program category for space for the Future Years Defense 
Program of the Department of Defense. The Secretary of Defense 
shall designate an official in the Office of the Secretary of 
Defense to provide overall supervision of the preparation and 
justification of program recommendations and budget proposals 
to be included in such major force program category.
  Sec. 8105. During the current fiscal year and hereafter, none 
of the funds appropriated or otherwise available to the 
Department of Defense may be obligated or expended to provide 
award fees to any defense contractor contrary to the provisions 
of section 814 of the National Defense Authorization Act, 
Fiscal Year 2007 (Public Law 109-364).
  Sec. 8106. None of the funds appropriated or otherwise made 
available by this or any other Act shall be obligated or 
expended by the United States Government for a purpose as 
follows:
          (1) To establish any military installation or base 
        for the purpose of providing for the permanent 
        stationing of United States Armed Forces in Iraq.
          (2) To exercise United States control over any oil 
        resource of Iraq.
  Sec. 8107. Beginning with the fiscal year 2010 budget 
request, the Director of National Intelligence shall include 
the budget exhibits identified in paragraphs (1) and (2) as 
described in the Department of Defense Financial Management 
Regulation with the congressional budget justification books.
          (1) For procurement programs requesting more than 
        $20,000,000 in any fiscal year, the P-1, Procurement 
        Program; P-5, Cost Analysis; P-5a, Procurement History 
        and Planning; P-21, Production Schedule; and P-40 
        Budget Item Justification.
          (2) For research, development, test and evaluation 
        projects requesting more than $10,000,000 in any fiscal 
        year, the R-1, RDT&E Program; R-2, RDT&E Budget Item 
        Justification; R-3, RDT&E Project Cost Analysis; and R-
        4, RDT&E Program Schedule Profile.
  Sec. 8108. None of the funds made available in this Act may 
be used in contravention of the following laws enacted or 
regulations promulgated to implement the United Nations 
Convention Against Torture and Other Cruel, Inhuman or 
Degrading Treatment or Punishment (done at New York on December 
10, 1984):
          (1) Section 2340A of title 18, United States Code.
          (2) Section 2242 of the Foreign Affairs Reform and 
        Restructuring Act of 1998 (division G of Public Law 
        105-277; 112 Stat. 2681-822; 8 U.S.C. 1231 note) and 
        regulations prescribed thereto, including regulations 
        under part 208 of title 8, Code of Federal Regulations, 
        and part 95 of title 22, Code of Federal Regulations.
          (3) Sections 1002 and 1003 of the Department of 
        Defense, Emergency Supplemental Appropriations to 
        Address Hurricanes in the Gulf of Mexico, and Pandemic 
        Influenza Act, 2006 (Public Law 109-148).
  Sec. 8109. Notwithstanding any other provision of law, none 
of the funds made available in this Act may be used to pay 
negotiated indirect cost rates on a contract, grant, or 
cooperative agreement (or similar arrangement) entered into by 
the Department of Defense and an entity in excess of 35 percent 
of the total cost of the contract, grant, or agreement (or 
similar arrangement): Provided, That this limitation shall 
apply only to contracts, grants, or cooperative agreements 
entered into after the date of the enactment of this Act using 
funds made available in this Act for basic research.
  Sec. 8110. The Secretary of Defense shall maintain on the 
homepage of the Internet website of the Department of Defense a 
direct link to the Internet website of the Office of Inspector 
General of the Department of Defense.
  Sec. 8111. (a) Not later than 60 days after enactment of this 
Act, the Office of the Director of National Intelligence shall 
submit a report to the congressional intelligence committees to 
establish the baseline for application of reprogramming and 
transfer authorities for fiscal year 2009: Provided, That the 
report shall include--
          (1) a table for each appropriation with a separate 
        column to display the President's budget request, 
        adjustments made by Congress, adjustments due to 
        enacted rescissions, if appropriate, and the fiscal 
        year enacted level;
          (2) a delineation in the table for each appropriation 
        by Expenditure Center and project; and
          (3) an identification of items of special 
        congressional interest.
  (b) None of the funds provided for the National Intelligence 
Program in this Act shall be available for reprogramming or 
transfer until the report identified in subsection (a) is 
submitted to the congressional intelligence committees, unless 
the Director of National Intelligence certifies in writing to 
the congressional intelligence committees that such 
reprogramming or transfer is necessary as an emergency 
requirement.
  Sec. 8112. The Director of National Intelligence shall submit 
to Congress each year, at or about the time that the 
President's budget is submitted to Congress that year under 
section 1105(a) of title 31, United States Code, a future-years 
intelligence program (including associated annexes) reflecting 
the estimated expenditures and proposed appropriations included 
in that budget. Any such future-years intelligence program 
shall cover the fiscal year with respect to which the budget is 
submitted and at least the four succeeding fiscal years.
  Sec. 8113. For the purposes of this Act, the term 
``congressional intelligence committees'' means the Permanent 
Select Committee on Intelligence of the House of 
Representatives, the Select Committee on Intelligence of the 
Senate, the Subcommittee on Defense of the Committee on 
Appropriations of the House of Representatives, and the 
Subcommittee on Defense of the Committee on Appropriations of 
the Senate.
  Sec. 8114. The Department of Defense shall continue to report 
incremental contingency operations costs for Operation Iraqi 
Freedom and Operation Enduring Freedom on a monthly basis in 
the Cost of War Execution Report as prescribed in the 
Department of Defense Financial Management Regulation 
Department of Defense Instruction 7000.14, Volume 12, Chapter 
23 ``Contingency Operations'', Annex 1, dated September 2005.
  Sec. 8115. Horsham Joint Interagency Installation.--
  (a) Establishment of Installation.--The Horsham Joint 
Interagency Installation located in Horsham Township, 
Montgomery County, Pennsylvania is hereby established. Pursuant 
to Section 3703 of the U.S. Troop Readiness, Veterans' Care, 
Katrina Recovery, and Iraq Accountability Appropriations Act 
(121 Stat. 145), at a time determined by the Secretary of the 
Navy, or upon completion of the associated Defense Base Closure 
and Realignment Commission recommendations, the Secretary of 
the Navy shall, notwithstanding any other provision of law, 
transfer to the Secretary of the Air Force, at no cost, all 
designated lands, easements, Air Installation Compatible Use 
Zones, and facilities at NASJRB Willow Grove. The airfield at 
the Horsham Joint Interagency Installation shall be known as 
``Pitcairn-Willow Grove Field''.
  (b) Transfer to Commonwealth of Pennsylvania.--
Notwithstanding any other provision of law, the Secretary of 
the Air Force shall convey all of the Navy property transferred 
to the Air Force, as well as excess Air Force property at the 
Willow Grove Air Reserve Station, to the Commonwealth of 
Pennsylvania, at no cost, for operation of the Horsham Joint 
Interagency Installation so long as it is used continuously as 
the Horsham Joint Interagency Installation. In the event the 
property is no longer used for the Horsham Joint Interagency 
Installation, it shall revert to the Department of Defense. 
Installation property conveyed to the Commonwealth of 
Pennsylvania may not be reconveyed, but may be leased, 
subleased, or licensed by the Commonwealth, for any agreed upon 
term, for use by the United States, its agencies or 
instrumentalities, at terms agreeable to the United States, or 
to State or local government agencies, or other associated 
users.

                     (INCLUDING TRANSFER OF FUNDS)

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

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

  ``(a) Definitions.--In this section:
          ``(1) Completion of the russian heu agreement.--The 
        term `completion of the Russian HEU Agreement' means 
        the importation into the United States from the Russian 
        Federation pursuant to the Russian HEU Agreement of 
        uranium derived from the downblending of not less than 
        500 metric tons of highly enriched uranium of weapons 
        origin.
          ``(2) Downblending.--The term `downblending' means 
        processing highly enriched uranium into a uranium 
        product in any form in which the uranium contains less 
        than 20 percent uranium-235.
          ``(3) Highly enriched uranium.--The term `highly 
        enriched uranium' has the meaning given that term in 
        section 3102(4).
          ``(4) Highly enriched uranium of weapons origin.--The 
        term `highly enriched uranium of weapons origin' means 
        highly enriched uranium that--
                  ``(A) contains 90 percent or more uranium-
                235; and
                  ``(B) is verified by the Secretary of Energy 
                to be of weapons origin.
          ``(5) Low-enriched uranium.--The term `low-enriched 
        uranium' means a uranium product in any form, including 
        uranium hexafluoride (UF6) and uranium oxide 
        (UO2), in which the uranium contains less 
        than 20 percent uranium-235, including natural uranium, 
        without regard to whether the uranium is incorporated 
        into fuel rods or complete fuel assemblies.
          ``(6) Russian heu agreement.--The term `Russian HEU 
        Agreement' has the meaning given that term in section 
        3102(11).
          ``(7) Uranium-235.--The term `uranium-235' means the 
        isotope \235\U.
  ``(b) Statement of Policy.--It is the policy of the United 
States to support the continued downblending of highly enriched 
uranium of weapons origin in the Russian Federation in order to 
protect the essential security interests of the United States 
with respect to the nonproliferation of nuclear weapons.
  ``(c) Promotion of Downblending of Russian Highly Enriched 
Uranium.--
          ``(1) Completion of the russian heu agreement.--Prior 
        to the completion of the Russian HEU Agreement, the 
        importation into the United States of low-enriched 
        uranium, including low-enriched uranium obtained under 
        contracts for separative work units, that is produced 
        in the Russian Federation and is not imported pursuant 
        to the Russian HEU Agreement, may not exceed the 
        following amounts:
                  ``(A) In the 4-year period beginning with 
                calendar year 2008, 16,559 kilograms.
                  ``(B) In calendar year 2012, 24,839 
                kilograms.
                  ``(C) In calendar year 2013 and each calendar 
                year thereafter through the calendar year of 
                the completion of the Russian HEU Agreement, 
                41,398 kilograms.
          ``(2) Incentives to continue downblending russian 
        highly enriched uranium after the completion of the 
        russian heu agreement.--
                  ``(A) In general.--After the completion of 
                the Russian HEU Agreement, the importation into 
                the United States of low-enriched uranium, 
                including low-enriched uranium obtained under 
                contracts for separative work units, that is 
                produced in the Russian Federation, whether or 
                not such low-enriched uranium is derived from 
                highly enriched uranium of weapons origin, may 
                not exceed--
                          ``(i) in calendar year 2014, 485,279 
                        kilograms;
                          ``(ii) in calendar year 2015, 455,142 
                        kilograms;
                          ``(iii) in calendar year 2016, 
                        480,146 kilograms;
                          ``(iv) in calendar year 2017, 490,710 
                        kilograms;
                          ``(v) in calendar year 2018, 492,731 
                        kilograms;
                          ``(vi) in calendar year 2019, 509,058 
                        kilograms; and
                          ``(vii) in calendar year 2020, 
                        514,754 kilograms.
                  ``(B) Additional imports in exchange for a 
                commitment to downblend an additional 300 
                metric tons of highly enriched uranium.--
                          ``(i) In general.--In addition to the 
                        amount authorized to be imported under 
                        subparagraph (A) and except as provided 
                        in clause (ii), if the Russian 
                        Federation enters into a bilateral 
                        agreement with the United States under 
                        which the Russian Federation agrees to 
                        downblend an additional 300 metric tons 
                        of highly enriched uranium after the 
                        completion of the Russian HEU 
                        Agreement, 4 kilograms of low-enriched 
                        uranium, whether or not such low-
                        enriched uranium is derived from highly 
                        enriched uranium of weapons origin and 
                        including low-enriched uranium obtained 
                        under contracts for separative work 
                        units, may be imported in a calendar 
                        year for every 1 kilogram of Russian 
                        highly enriched uranium of weapons 
                        origin that was downblended in the 
                        preceding calendar year, subject to the 
                        verification of the Secretary of Energy 
                        under paragraph (10).
                          ``(ii) Maximum annual imports.--Not 
                        more than 120,000 kilograms of low-
                        enriched uranium may be imported in a 
                        calendar year under clause (i).
          ``(3) Exceptions.--The import limitations described 
        in paragraphs (1) and (2) shall not apply to low-
        enriched uranium produced in the Russian Federation 
        that is imported into the United States--
                  ``(A) for use in the initial core of a new 
                nuclear reactor;
                  ``(B) for processing and to be certified for 
                reexportation and not for consumption in the 
                United States; or
                  ``(C) to be added to the inventory of the 
                Department of Energy.
          ``(4) Limited waiver authority.--
                  ``(A) In general.--Notwithstanding paragraph 
                (1)(C), if the completion of the Russian HEU 
                Agreement does not occur before December 31, 
                2013, the import limitations under paragraph 
                (1)(C) shall be waived, and low-enriched 
                uranium may be imported into the United States 
                in the quantities specified in paragraph (2) in 
                a calendar year after 2013, if--
                          ``(i) the Secretary of Energy and the 
                        Secretary of State jointly determine 
                        that--
                                  ``(I) the failure of the 
                                completion of the Russian HEU 
                                Agreement arises from causes 
                                beyond the control and without 
                                the fault or negligence of the 
                                Government of the Russian 
                                Federation; and
                                  ``(II) the Government of the 
                                Russian Federation has made 
                                reasonable efforts to avoid and 
                                mitigate the effects of the 
                                failure of the completion of 
                                the Russian HEU Agreement; and
                          ``(ii) the Secretary of Energy and 
                        the Secretary of State jointly notify 
                        Congress of, and publish in the Federal 
                        Register, the determination under 
                        clause (i) and the reasons for the 
                        determination.
                  ``(B) Notice and wait.--A waiver under 
                subparagraph (A) may not take effect until the 
                date that is 180 days after the date on which 
                Secretary of Energy and the Secretary of State 
                notify Congress under subparagraph (A)(ii).
                  ``(C) Termination.--A waiver under 
                subparagraph (A) shall terminate on December 31 
                of the calendar year with respect to which the 
                Secretary makes the determination under 
                subparagraph (A)(i).
          ``(5) Adjustments to import limitations.--
                  ``(A) In general.--The import limitations 
                described in paragraph (2)(A) are based on the 
                reference data in the 2005 Market Report on the 
                Global Nuclear Fuel Market Supply and Demand 
                2005-2030 of the World Nuclear Association. In 
                each of calendar years 2016 and 2019, the 
                Secretary of Commerce shall review the 
                projected demand for uranium for nuclear 
                reactors in the United States and adjust the 
                import limitations described in paragraph 
                (2)(A) to account for changes in such demand in 
                years after the year in which that report or a 
                subsequent report is published.
                  ``(B) Incentive adjustment.--Beginning in the 
                second calendar year after the calendar year of 
                the completion of the Russian HEU Agreement, 
                the Secretary of Energy shall increase or 
                decrease the amount of low-enriched uranium 
                that may be imported in a calendar year under 
                paragraph (2)(B) (including the amount of low-
                enriched uranium that may be imported for each 
                kilogram of highly enriched uranium downblended 
                under paragraph (2)(B)(i)) by a percentage 
                equal to the percentage increase or decrease, 
                as the case may be, in the average amount of 
                uranium loaded into nuclear power reactors in 
                the United States in the most recent 3-
                calendar-year period for which data are 
                available, as reported by the Energy 
                Information Administration of the Department of 
                Energy, compared to the average amount of 
                uranium loaded into such reactors during the 3-
                calendar-year period beginning on January 1, 
                2011, as reported by the Energy Information 
                Administration.
                  ``(C) Publication of adjustments.--As soon as 
                practicable, but not later than July 31 of each 
                calendar year, the Secretary of Energy shall 
                publish in the Federal Register the amount of 
                low-enriched uranium that may be imported in 
                the current calendar year after the adjustments 
                under subparagraph (B).
          ``(6) Authority for additional adjustment.--In 
        addition to the adjustment under paragraph (5)(A), the 
        Secretary of Commerce may adjust the import limitations 
        under paragraph (2)(A) for a calendar year if the 
        Secretary--
                  ``(A) in consultation with the Secretary of 
                Energy, determines that the available supply of 
                low-enriched uranium and the available 
                stockpiles of uranium of the Department of 
                Energy are insufficient to meet demand in the 
                United States in the following calendar year; 
                and
                  ``(B) notifies Congress of the adjustment not 
                less than 45 days before making the adjustment.
          ``(7) Equivalent quantities of low-enriched uranium 
        imports.--
                  ``(A) In general.--The import limitations 
                described in paragraphs (1) and (2) are 
                expressed in terms of uranium containing 4.4 
                percent uranium-235 and a tails assay of 0.3 
                percent.
                  ``(B) Adjustment for other uranium.--Imports 
                of low-enriched uranium under paragraphs (1) 
                and (2), including low-enriched uranium 
                obtained under contracts for separative work 
                units, shall count against the import 
                limitations described in such paragraphs in 
                amounts calculated as the quantity of low-
                enriched uranium containing 4.4 percent 
                uranium-235 necessary to equal the total amount 
                of uranium-235 contained in such imports.
          ``(8) Downblending of other highly enriched 
        uranium.--
                  ``(A) In general.--The downblending of highly 
                enriched uranium not of weapons origin may be 
                counted for purposes of paragraph (2)(B), 
                subject to verification under paragraph (10), 
                if the Secretary of Energy determines that the 
                highly enriched uranium to be downblended poses 
                a risk to the national security of the United 
                States.
                  ``(B) Equivalent quantities of highly 
                enriched uranium.--For purposes of determining 
                the additional low-enriched uranium imports 
                allowed under paragraph (2)(B), highly enriched 
                uranium not of weapons origin downblended 
                pursuant to subparagraph (A) shall count as 
                downblended highly enriched uranium of weapons 
                origin in amounts calculated as the quantity of 
                highly enriched uranium containing 90 percent 
                uranium-235 necessary to equal the total amount 
                of uranium-235 contained in the highly enriched 
                uranium not of weapons origin downblended 
                pursuant to subparagraph (A).
          ``(9) Termination of import restrictions.--The 
        provisions of this subsection shall terminate on 
        December 31, 2020.
          ``(10) Technical verifications by secretary of 
        energy.--
                  ``(A) In general.--The Secretary of Energy 
                shall verify the origin, quantity, and uranium-
                235 content of the highly enriched uranium 
                downblended for purposes of paragraphs (2)(B) 
                and (8).
                  ``(B) Methods of verification.--In conducting 
                the verification required under subparagraph 
                (A), the Secretary of Energy shall employ the 
                transparency measures and access provisions 
                agreed to under the Russian HEU Agreement for 
                monitoring the downblending of Russian highly 
                enriched uranium of weapons origin and such 
                other methods as the Secretary determines 
                appropriate.
          ``(11) Enforcement of import limitations.--The 
        Secretary of Commerce shall be responsible for 
        enforcing the import limitations imposed under this 
        subsection and shall enforce such import limitations in 
        a manner that imposes a minimal burden on the 
        commercial nuclear industry.
          ``(12) Effect on other agreements.--
                  ``(A) Russian heu agreement.--Nothing in this 
                section shall be construed to modify the terms 
                of the Russian HEU Agreement, including the 
                provisions of the Agreement relating to the 
                amount of low-enriched uranium that may be 
                imported into the United States.
                  ``(B) Other agreements.--If a provision of 
                any agreement between the United States and the 
                Russian Federation, other than the Russian HEU 
                Agreement, relating to the importation of low-
                enriched uranium, including low-enriched 
                uranium obtained under contracts for separative 
                work units, into the United States conflicts 
                with a provision of this section, the provision 
                of this section shall supersede the provision 
                of the agreement to the extent of the 
                conflict.''.
  Sec. 8119. The amounts appropriated in title II of this Act 
are hereby reduced by $859,000,000 to reflect excess cash 
balances in Department of Defense Working Capital Funds, as 
follows:
          (1) From ``Operation and Maintenance, Army'', 
        $823,000,000; and
          (2) From ``Operation and Maintenance, Air Force'', 
        $36,000,000.
  This division may be cited as the ``Department of Defense 
Appropriations Act, 2009''.

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

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

                                TITLE I


                 DEPARTMENTAL MANAGEMENT AND OPERATIONS


            Office of the Secretary and Executive Management

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

              Office of the Under Secretary for Management

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

                 Office of the Chief Financial Officer

  For necessary expenses of the Office of the Chief Financial 
Officer, as authorized by section 103 of the Homeland Security 
Act of 2002 (6 U.S.C. 113), $55,235,000, of which $11,000,000 
shall remain available until expended for financial systems 
consolidation efforts.

                Office of the Chief Information Officer

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

                        Analysis and Operations

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

      Office of the Federal Coordinator for Gulf Coast Rebuilding

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

                      Office of Inspector General

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

                                TITLE II


               SECURITY, ENFORCEMENT, AND INVESTIGATIONS


                   U.S. Customs and Border Protection


                         SALARIES AND EXPENSES

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

                        automation modernization

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

        border security fencing, infrastructure, and technology

  For expenses for customs and border protection fencing, 
infrastructure, and technology, $775,000,000, to remain 
available until expended: Provided, That of the amount provided 
under this heading, $400,000,000 shall not be obligated until 
the Committees on Appropriations of the Senate and the House of 
Representatives receive and approve a plan for expenditure, 
prepared by the Secretary of Homeland Security and submitted 
not later than 90 days after the date of the enactment of this 
Act, for a program to establish and maintain a security barrier 
along the borders of the United States of fencing and vehicle 
barriers, where practicable, and other forms of tactical 
infrastructure and technology, that includes the following--
          (1) a detailed accounting of the program's 
        implementation to date for all investments, including 
        technology and tactical infrastructure, for funding 
        already expended relative to system capabilities or 
        services, system performance levels, mission benefits 
        and outcomes, milestones, cost targets, program 
        management capabilities, identification of the maximum 
        investment, including life cycle costs, related to the 
        Secure Border Initiative program or any successor 
        program, and description of the methodology used to 
        obtain these cost figures;
          (2) a description of how specific projects will 
        further the objectives of the Secure Border Initiative, 
        as defined in the Department of Homeland Security 
        Secure Border Plan, and how the expenditure plan 
        allocates funding to the highest priority border 
        security needs;
          (3) an explicit plan of action defining how all funds 
        are to be obligated to meet future program commitments, 
        with the planned expenditure of funds linked to the 
        milestone-based delivery of specific capabilities, 
        services, performance levels, mission benefits and 
        outcomes, and program management capabilities;
          (4) an identification of staffing, including full-
        time equivalents, contractors, and detailees, by 
        program office;
          (5) a description of how the plan addresses security 
        needs at the Northern border and ports of entry, 
        including infrastructure, technology, design and 
        operations requirements, specific locations where 
        funding would be used, and priorities for Northern 
        border activities;
          (6) a report on budget, obligations and expenditures, 
        the activities completed, and the progress made by the 
        program in terms of obtaining operational control of 
        the entire border of the United States;
          (7) a listing of all open Government Accountability 
        Office and the Office of Inspector General 
        recommendations related to the program and the status 
        of Department of Homeland Security actions to address 
        the recommendations, including milestones to fully 
        address such recommendations;
          (8) a certification by the Chief Procurement Officer 
        of the Department that the program: (a) has been 
        reviewed and approved in accordance with the investment 
        management process of the Department, and that the 
        process fulfills all capital planning and investment 
        control requirements and reviews established by the 
        Office of Management and Budget, including as provided 
        in Circular A-11, part 7; (b) that the plans for the 
        program comply with the Federal acquisition rules, 
        requirements, guidelines, and practices, and a 
        description of the actions being taken to address areas 
        of non-compliance, the risks associated with such 
        actions, together with any plans for addressing these 
        risks, and the status of the implementation of such 
        actions; (c) that procedures to prevent conflicts of 
        interest between the prime integrator and major 
        subcontractors are established and that the Secure 
        Border Initiative Program Office has adequate staff and 
        resources to effectively manage the Secure Border 
        Initiative program, all contracts, including the 
        exercise of technical oversight; and (d) the 
        certifications required under this paragraph should be 
        accompanied by all documents or memoranda, as well as 
        documentation and a description of the investment 
        review processes used to obtain such certifications;
          (9) a certification by the Chief Information Officer 
        of the Department that: (a) the system architecture of 
        the program is sufficiently aligned with the 
        information systems enterprise architecture of the 
        Department to minimize future rework, including a 
        description of all aspects of the architectures that 
        were or were not assessed in making the alignment 
        determination, the date of the alignment determination, 
        and any known areas of misalignment together with the 
        associated risks and corrective actions to address any 
        such areas; (b) the program has a risk management 
        process that regularly and proactively identifies, 
        evaluates, mitigates, and monitors risks throughout the 
        system life cycle and communicates high-risk conditions 
        to U.S. Customs and Border Protection and Department of 
        Homeland Security investment decision-makers, as well 
        as a listing of all the program's high risks and the 
        status of efforts to address such risks; (c) an 
        independent verification and validation agent is 
        currently under contract for the projects funded under 
        this heading; and (d) the certification required under 
        this paragraph should be accompanied by all documents 
        or memoranda, as well as documentation and a 
        description of the investment review processes used to 
        obtain such certification;
          (10) a certification by the Chief Human Capital 
        Officer of the Department that the human capital needs 
        of the Secure Border Initiative program are being 
        addressed so as to ensure adequate staff and resources 
        to effectively manage the Secure Border Initiative, 
        together with a description of SBI staffing priorities;
          (11) an analysis by the Secretary for each segment, 
        defined as not more than 15 miles, of fencing or 
        tactical infrastructure, of the selected approach 
        compared to other, alternative means of achieving 
        operational control, and such analysis should include 
        cost, level of operational control, possible unintended 
        effects on communities, and other factors critical to 
        the decision making process; and
          (12) is reviewed by the Government Accountability 
        Office:
Provided further, That the Secretary shall report to the 
Committees on Appropriations of the Senate and the House of 
Representatives on program progress, and obligations and 
expenditures for all outstanding task orders as well as 
specific objectives to be achieved through the award of current 
and remaining task orders planned for the balance of available 
appropriations at least 15 days before the award of any task 
order requiring an obligation of funds in an amount greater 
than $25,000,000 and before the award of a task order that 
would cause cumulative obligations of funds to exceed 50 
percent of the total amount appropriated: Provided further, 
That none of the funds provided under this heading may be 
obligated unless the Department has complied with section 
102(b)(1)(C)(i) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1103 note), and the 
Secretary certifies such to the Committees on Appropriations of 
the Senate and the House of Representatives: Provided further, 
That none of the funds under this heading may be obligated for 
any project or activity for which the Secretary has exercised 
waiver authority pursuant to section 102(c) of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (8 
U.S.C. 1103 note) until 15 days have elapsed from the date of 
the publication of the decision in the Federal Register: 
Provided further, That notwithstanding the previous provisos, 
$100,000,000 of the amount provided under this heading shall be 
made available for obligation upon enactment of this Act 
without restriction.

 AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT

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

                              CONSTRUCTION

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

                U.S. Immigration and Customs Enforcement


                         SALARIES AND EXPENSES

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

                       FEDERAL PROTECTIVE SERVICE

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

                        AUTOMATION MODERNIZATION

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

                              construction

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

                 Transportation Security Administration


                           AVIATION SECURITY

                     (INCLUDING TRANSFER OF FUNDS)

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

                    surface transportation security

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

           transportation threat assessment and credentialing

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

                    TRANSPORTATION SECURITY SUPPORT

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

                          FEDERAL AIR MARSHALS

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

                              Coast Guard


                           OPERATING EXPENSES

  For necessary expenses for the operation and maintenance of 
the Coast Guard, not otherwise provided for; purchase or lease 
of not to exceed 25 passenger motor vehicles, which shall be 
for replacement only; for purchase or lease of small boats for 
contingent and emergent requirements (at a unit cost of no more 
than $700,000) and for repairs and service-life replacements, 
not to exceed a total of $26,000,000; minor shore construction 
projects not exceeding $1,000,000 in total cost at any 
location; payments pursuant to section 156 of Public Law 97-377 
(42 U.S.C. 402 note; 96 Stat. 1920); and recreation and 
welfare; $6,194,925,000, of which $340,000,000 shall be for 
defense-related activities; of which $24,500,000 shall be 
derived from the Oil Spill Liability Trust Fund to carry out 
the purposes of section 1012(a)(5) of the Oil Pollution Act of 
1990 (33 U.S.C. 2712(a)(5)); of which not to exceed $20,000 
shall be for official reception and representation expenses; 
and of which $3,600,000 shall be available until expended for 
the cost of repairing, rehabilitating, altering, modifying, and 
making improvements, including customized tenant improvements, 
to any replacement or expanded Operations Systems Center 
facility: Provided, That none of the funds made available by 
this or any other Act shall be available for administrative 
expenses in connection with shipping commissioners in the 
United States: Provided further, That none of the funds made 
available by this Act shall be for expenses incurred for 
recreational vessels under section 12114 of title 46, United 
States Code, except to the extent fees are collected from yacht 
owners and credited to this appropriation: Provided further, 
That the Commandant shall submit a financial management 
improvement plan that has been reviewed by the Inspector 
General of the Department of Homeland Security containing 
yearly, measurable milestones, to the Committees on 
Appropriations of the Senate and the House of Representatives 
by December 1, 2008: Provided further, That the Coast Guard 
shall comply with the requirements of section 527 of Public Law 
108-136 with respect to the Coast Guard Academy: Provided 
further, That notwithstanding section 503 of this Act, amounts 
not to exceed 5 percent of the total amount appropriated under 
this heading may be transferred to the ``Acquisition, 
Construction, and Improvements'' appropriation, to be available 
under the terms and conditions applicable to that 
appropriation, and to be available for personnel compensation 
and benefits and related costs to adjust personnel assignment 
to accelerate management and oversight of new or existing 
projects without detrimentally affecting the management and 
oversight of other projects: Provided further, That the amount 
made available for ``Personnel, Compensation, and Benefits'' in 
the ``Acquisition, Construction, and Improvements'' 
appropriation shall not be increased by more than 10 percent by 
such transfers: Provided further, That the Committees on 
Appropriations of the Senate and the House of Representatives 
shall be notified of each transfer within 10 days after it is 
executed.

                environmental compliance and restoration

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

                            RESERVE TRAINING

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

              acquisition, construction, and improvements

  For necessary expenses of acquisition, construction, 
renovation, and improvement of aids to navigation, shore 
facilities, vessels, and aircraft, including equipment related 
thereto; and maintenance, rehabilitation, lease and operation 
of facilities and equipment, as authorized by law; 
$1,494,576,000, of which $20,000,000 shall be derived from the 
Oil Spill Liability Trust Fund to carry out the purposes of 
section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 
2712(a)(5)); of which $113,000,000 shall be available until 
September 30, 2013, to acquire, repair, renovate, or improve 
vessels, small boats, and related equipment; of which 
$89,174,000 shall be available until September 30, 2011, for 
other equipment; of which $68,000,000 shall be available until 
September 30, 2011, for shore facilities and aids to navigation 
facilities, including $3,000,000 for Sector Buffalo and 
$15,000,000 for the Rescue Swimmer Training Facility; of which 
$92,830,000 shall be available for personnel compensation and 
benefits and related costs; of which $97,578,000 shall be 
available until expended for a new Coast Guard and Department 
of Homeland Security headquarters; and of which $1,033,994,000 
shall be available until September 30, 2013, for the Integrated 
Deepwater Systems program: Provided, That of the funds made 
available for the Integrated Deepwater Systems program, 
$244,550,000 is for aircraft and $571,003,000 is for surface 
ships: Provided further, That $350,000,000 of the funds 
provided for the Integrated Deepwater Systems program may not 
be obligated until the Committees on Appropriations of the 
Senate and the House of Representatives receive directly from 
the Coast Guard and approve a plan for expenditure that--
          (1) defines activities, milestones, yearly costs, and 
        life cycle costs for each new procurement of a major 
        asset, including an independent cost estimate for each;
          (2) identifies life cycle staffing and training needs 
        of Coast Guard project managers and procurement and 
        contract staff;
          (3) identifies competition to be conducted in, and 
        summarizes the approved acquisition strategy for, each 
        procurement;
          (4) includes a certification by the Chief Human 
        Capital Officer of the Department of Homeland Security 
        that current human capital capabilities are sufficient 
        to execute the expenditure plan;
          (5) includes an explanation of each procurement that 
        involves an indefinite delivery/indefinite quantity 
        contract and explains the need for such contract;
          (6) identifies individual project balances by fiscal 
        year, including planned carryover into fiscal year 2010 
        by project;
          (7) identifies operational gaps by asset and explains 
        how funds provided in this Act address the shortfalls 
        between current operational capabilities and 
        requirements;
          (8) includes a listing of all open Government 
        Accountability Office and Office of Inspector General 
        recommendations related to the program and the status 
        of Coast Guard actions to address the recommendations, 
        including milestones for fully addressing them;
          (9) includes a certification by the Chief Procurement 
        Officer of the Department that the program has been 
        reviewed and approved in accordance with the investment 
        management process of the Department, and that the 
        process fulfills all capital planning and investment 
        control requirements and reviews established by the 
        Office of Management and Budget, including Circular A-
        11, part 7;
          (10) identifies use of the Defense Contract Audit 
        Agency;
          (11) includes a certification by the head of 
        contracting activity for the Coast Guard and the Chief 
        Procurement Officer of the Department that the plans 
        for the program comply with the Federal acquisition 
        rules, requirements, guidelines, and practices, and a 
        description of the actions being taken to address areas 
        of non-compliance, the risks associated with them along 
        with plans for addressing these risks, and the status 
        of their implementation;
          (12) identifies the use of independent validation and 
        verification; and
          (13) is reviewed by the Government Accountability 
        Office:
Provided further, That no funding may be obligated for low rate 
initial production or initial production of any Integrated 
Deepwater Systems program asset until Coast Guard revises its 
Major Systems Acquisition Manual procedures to require a formal 
design review prior to the authorization of low rate initial 
production or initial production: Provided further, That the 
Secretary of Homeland Security shall submit to the Committees 
on Appropriations of the Senate and the House of 
Representatives, in conjunction with the President's fiscal 
year 2010 budget, a review of the Revised Deepwater 
Implementation Plan that identifies any changes to the plan for 
the fiscal year; an annual performance comparison of Integrated 
Deepwater Systems program assets to pre-Deepwater legacy 
assets; a status report of legacy assets; a detailed 
explanation of how the costs of legacy assets are being 
accounted for within the Integrated Deepwater Systems program; 
and the earned value management system gold card data for each 
Integrated Deepwater Systems program asset: Provided further, 
That the Secretary shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives a 
comprehensive review of the Revised Deepwater Implementation 
Plan every 5 years, beginning in fiscal year 2011, that 
includes a complete projection of the acquisition costs and 
schedule for the duration of the plan through fiscal year 2027: 
Provided further, That the Secretary shall annually submit to 
the Committees on Appropriations of the Senate and the House of 
Representatives, at the time that the President's budget is 
submitted under section 1105(a) of title 31, United States 
Code, a future-years capital investment plan for the Coast 
Guard that identifies for each capital budget line item--
          (1) the proposed appropriation included in that 
        budget;
          (2) the total estimated cost of completion;
          (3) projected funding levels for each fiscal year for 
        the next 5 fiscal years or until project completion, 
        whichever is earlier;
          (4) an estimated completion date at the projected 
        funding levels; and
          (5) changes, if any, in the total estimated cost of 
        completion or estimated completion date from previous 
        future-years capital investment plans submitted to the 
        Committees on Appropriations of the Senate and the 
        House of Representatives:
Provided further, That the Secretary shall ensure that amounts 
specified in the future-years capital investment plan are 
consistent to the maximum extent practicable with proposed 
appropriations necessary to support the programs, projects, and 
activities of the Coast Guard in the President's budget as 
submitted under section 1105(a) of title 31, United States 
Code, for that fiscal year: Provided further, That any 
inconsistencies between the capital investment plan and 
proposed appropriations shall be identified and justified: 
Provided further, That subsections (a), and (b) of section 6402 
of the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, 
and Iraq Accountability Appropriations Act, 2007 (Public Law 
110-28) shall apply to fiscal year 2009: Provided further, That 
notwithstanding section 503 of this Act, amounts transferred 
from the ``Operating Expenses'' appropriation for personnel 
compensation and benefits and related costs to adjust personnel 
assignment to accelerate management and oversight of new or 
existing projects may be transferred to the ``Operating 
Expenses'' appropriation to be merged with that appropriation, 
to be available under the same terms and conditions for which 
that appropriation is available, when no longer required for 
project acceleration or oversight, or to otherwise adjust 
personnel assignment: Provided further, That the Committees on 
Appropriations of the Senate and the House of Representatives 
shall be notified of each transfer within 30 days after it is 
executed.

                         ALTERATION OF BRIDGES

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

              RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

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

                              RETIRED PAY

  For retired pay, including the payment of obligations 
otherwise chargeable to lapsed appropriations for this purpose, 
payments under the Retired Serviceman's Family Protection and 
Survivor Benefits Plans, payment for career status bonuses, 
concurrent receipts and combat-related special compensation 
under the National Defense Authorization Act, and payments for 
medical care of retired personnel and their dependents under 
chapter 55 of title 10, United States Code, $1,236,745,000, to 
remain available until expended.

                      United States Secret Service


                         SALARIES AND EXPENSES

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

     acquisition, construction, improvements, and related expenses

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

                               TITLE III


            PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY


              National Protection and Programs Directorate


                     MANAGEMENT AND ADMINISTRATION

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

           INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY

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

    united states visitor and immigrant status indicator technology

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

                        Office of Health Affairs

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

                  Federal Emergency Management Agency


                     MANAGEMENT AND ADMINISTRATION

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

                        STATE AND LOCAL PROGRAMS

                     (INCLUDING TRANSFER OF FUNDS)

  For grants, contracts, cooperative agreements, and other 
activities, $3,105,700,000 shall be allocated as follows:
          (1) $950,000,000 shall be for the State Homeland 
        Security Grant Program under section 2004 of the 
        Homeland Security Act of 2002 (6 U.S.C. 605): Provided, 
        That of the amount provided by this paragraph, 
        $60,000,000 shall be for Operation Stonegarden: 
        Provided further, That notwithstanding subsection 
        (c)(4) of such section 2004, for fiscal year 2009, the 
        Commonwealth of Puerto Rico shall make available to 
        local and tribal governments amounts provided to the 
        Commonwealth of Puerto Rico under this paragraph in 
        accordance with subsection (c)(1) of such section 2004.
          (2) $837,500,000 shall be for the Urban Area Security 
        Initiative under section 2003 of the Homeland Security 
        Act of 2002 (6 U.S.C. 604), of which, notwithstanding 
        subsection (c)(1) of such section, $15,000,000 shall be 
        for grants to organizations (as described under section 
        501(c)(3) of the Internal Revenue Code of 1986 and 
        exempt from tax section 501(a) of such code) determined 
        by the Secretary of Homeland Security to be at high 
        risk of a terrorist attack.
          (3) $35,000,000 shall be for Regional Catastrophic 
        Preparedness Grants.
          (4) $41,000,000 shall be for the Metropolitan Medical 
        Response System under section 635 of the Post-Katrina 
        Emergency Management Reform Act of 2006 (6 U.S.C. 723).
          (5) $15,000,000 shall be for the Citizen Corps 
        Program.
          (6) $400,000,000 shall be for Public Transportation 
        Security Assistance and Railroad Security Assistance 
        under sections 1406 and 1513 of the Implementing 
        Recommendations of the 9/11 Commission Act of 2007 
        (Public Law 110-53; 6 U.S.C. 1135 and 1163), of which 
        not less than $25,000,000 shall be for Amtrak security: 
        Provided, That there shall be no cost share requirement 
        for funds made available under this paragraph and made 
        available for these same purposes in Public Law 110-
        161: Provided further, That such public transportation 
        security assistance shall be provided directly to 
        public transportation agencies.
          (7) $400,000,000 shall be for Port Security Grants in 
        accordance with 46 U.S.C. 70107.
          (8) $12,000,000 shall be for Over-the-Road Bus 
        Security Assistance under section 1532 of the 
        Implementing Recommendations of the 9/11 Commission Act 
        of 2007 (Public Law 110-53; 6 U.S.C. 1182).
          (9) $8,000,000 shall be for Trucking Industry 
        Security Grants.
          (10) $50,000,000 shall be for Buffer Zone Protection 
        Program Grants.
          (11) $8,000,000 shall be for the Commercial Equipment 
        Direct Assistance Program.
          (12) $50,000,000 shall be for the Interoperable 
        Emergency Communications Grant Program under section 
        1809 of the Homeland Security Act of 2002 (6 U.S.C. 
        579).
          (13) $35,000,000 shall remain available until 
        expended, for grants for Emergency Operations Centers 
        under section 614 of the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (42 U.S.C. 5196c), 
        as detailed in the statement accompanying this Act.
          (14) $264,200,000 shall be for training, exercises, 
        technical assistance, and other programs, of which--
                  (A) $164,500,000 is for purposes of training 
                in accordance with section 1204 of the 
                Implementing Recommendations of the 9/11 
                Commission Act of 2007 (6 U.S.C. 1102), of 
                which $62,500,000 shall be for the Center for 
                Domestic Preparedness; $23,000,000 shall be for 
                the National Energetic Materials Research and 
                Testing Center, New Mexico Institute of Mining 
                and Technology; $23,000,000 shall be for the 
                National Center for Biomedical Research and 
                Training, Louisiana State University; 
                $23,000,000 shall be for the National Emergency 
                Response and Rescue Training Center, Texas A&M 
                University; $23,000,000 shall be for the 
                National Exercise, Test, and Training Center, 
                Nevada Test Site; $5,000,000 shall be for the 
                Transportation Technology Center, Incorporated, 
                in Pueblo, Colorado; and $5,000,000 shall be 
                for the National Disaster Preparedness Training 
                Center, University of Hawaii, Honolulu, Hawaii; 
                and
                  (B) $1,700,000 for the Center for 
                Counterterrorism and Cyber Crime, Norwich 
                University, Northfield, Vermont:
Provided, That not to exceed 3 percent of the amounts provided 
under this heading may be transferred to the Federal Emergency 
Management Agency ``Management and Administration'' account for 
program administration, and an expenditure plan for program 
administration shall be provided to the Committees on 
Appropriations of the Senate and the House of Representatives 
within 60 days of the date of enactment of this Act: Provided 
further, That for grants under paragraphs (1) through (5), the 
applications for grants shall be made available to eligible 
applicants not later than 25 days after the date of enactment 
of this Act, that eligible applicants shall submit applications 
not later than 90 days after the grant announcement, and that 
the Administrator of the Federal Emergency Management Agency 
shall act within 90 days after receipt of an application: 
Provided further, That for grants under paragraphs (6) through 
(10) and (12), the applications for grants shall be made 
available to eligible applicants not later than 30 days after 
the date of enactment of this Act, that eligible applicants 
shall submit applications within 45 days after the grant 
announcement, and that the Federal Emergency Management Agency 
shall act not later than 60 days after receipt of an 
application: Provided further, That for grants under paragraphs 
(1) and (2), the installation of communications towers is not 
considered construction of a building or other physical 
facility: Provided further, That grantees shall provide reports 
on their use of funds, as determined necessary by the 
Secretary: Provided further, That (a) the Center for Domestic 
Preparedness may provide training to emergency response 
providers from the Federal Government, foreign governments, or 
private entities, if the Center for Domestic Preparedness is 
reimbursed for the cost of such training, and any reimbursement 
under this subsection shall be credited to the account from 
which the expenditure being reimbursed was made and shall be 
available, without fiscal year limitation, for the purposes for 
which amounts in the account may be expended, (b) the head of 
the Center for Domestic Preparedness shall ensure that any 
training provided under (a) does not interfere with the primary 
mission of the Center to train State and local emergency 
response providers: Provided further, That the Government 
Accountability Office shall report to the Committees on 
Appropriations of the Senate and the House of Representatives 
regarding the data, assumptions, and methodology that the 
Department of Homeland Security uses to assess risk and 
allocate grants under the Urban Area Security Initiative and 
State Homeland Security Grant Program not later than 45 days 
after the date of enactment of this Act: Provided further, That 
the report shall include an assessment of the reliability and 
validity of the data used, the basis for the assumptions used, 
how the methodology is applied to determine the risk scores for 
individual locations, an analysis of the usefulness of placing 
States and cities into tier groups, and the allocation of 
grants to eligible locations: Provided further, That the 
Department provide the Government Accountability Office with 
the actual data that the Department used for its risk 
assessment and grant allocation: Provided further, That the 
Department provide the Government Accountability Office with 
access to all data needed for its analysis and report, 
including specifics on all changes for the fiscal year 2009 
process, including, but not limited to, all changes in data, 
assumptions, and weights used in methodology within 7 days 
after the date of enactment of this Act: Provided further, That 
any subsequent changes made regarding the risk methodology 
after the initial information is provided to the Government 
Accountability Office shall be provided within 7 days after the 
change is made.

                     FIREFIGHTER ASSISTANCE GRANTS

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

                emergency management performance grants

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

              RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

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

                   united states fire administration

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

                            disaster relief


                     (including transfer of funds)

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

            DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

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

                      flood map modernization fund

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

                     NATIONAL FLOOD INSURANCE FUND

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

                  national predisaster mitigation fund

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

                       emergency food and shelter

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

                        CERRO GRANDE FIRE CLAIMS

                         (RESCISSION OF FUNDS)

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

                                TITLE IV


            RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES


           United States Citizenship and Immigration Services

  For necessary expenses for citizenship and immigration 
services, $101,740,000, of which $100,000,000 is for the E-
Verify program to assist United States employers with 
maintaining a legal workforce: Provided, That notwithstanding 
any other provision of law, funds available to United States 
Citizenship and Immigration Services may be used to acquire, 
operate, equip, dispose of and replace up to five vehicles, of 
which two are for replacement only, for areas where the 
Administrator of General Services does not provide vehicles for 
lease: Provided further, That the Director of United States 
Citizenship and Immigration Services may authorize employees 
who are assigned to those areas to use such vehicles between 
the employees' residences and places of employment.

                Federal Law Enforcement Training Center


                         salaries and expenses

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

     ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES

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

                         Science and Technology


                     MANAGEMENT AND ADMINISTRATION

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

           research, development, acquisition, and operations

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

                   Domestic Nuclear Detection Office


                     management and administration

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

                 RESEARCH, DEVELOPMENT, AND OPERATIONS

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

                          SYSTEMS ACQUISITION

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

                                TITLE V


                           GENERAL PROVISIONS


                    (INCLUDING RESCISSIONS OF FUNDS)

  Sec. 501. No part of any appropriation contained in this Act 
shall remain available for obligation beyond the current fiscal 
year unless expressly so provided herein.
  Sec. 502.  Subject to the requirements of section 503 of this 
Act, the unexpended balances of prior appropriations provided 
for activities in this Act may be transferred to appropriation 
accounts for such activities established pursuant to this Act, 
may be merged with funds in the applicable established 
accounts, and thereafter may be accounted for as one fund for 
the same time period as originally enacted.
  Sec. 503. (a) None of the funds provided by this Act, 
provided by previous appropriations Acts to the agencies in or 
transferred to the Department of Homeland Security that remain 
available for obligation or expenditure in fiscal year 2009, or 
provided from any accounts in the Treasury of the United States 
derived by the collection of fees available to the agencies 
funded by this Act, shall be available for obligation or 
expenditure through a reprogramming of funds that: (1) creates 
a new program, project, or activity; (2) eliminates a program, 
project, office, or activity; (3) increases funds for any 
program, project, or activity for which funds have been denied 
or restricted by the Congress; (4) proposes to use funds 
directed for a specific activity by either of the Committees on 
Appropriations of the Senate or the House of Representatives 
for a different purpose; or (5) contracts out any function or 
activity for which funding levels were requested for Federal 
full-time equivalents in the object classification tables 
contained in the fiscal year 2009 Budget Appendix for the 
Department of Homeland Security, as modified by the explanatory 
statement accompanying this Act, unless the Committees on 
Appropriations of the Senate and the House of Representatives 
are notified 15 days in advance of such reprogramming of funds.
  (b) None of the funds provided by this Act, provided by 
previous appropriations Acts to the agencies in or transferred 
to the Department of Homeland Security that remain available 
for obligation or expenditure in fiscal year 2009, or provided 
from any accounts in the Treasury of the United States derived 
by the collection of fees or proceeds available to the agencies 
funded by this Act, shall be available for obligation or 
expenditure for programs, projects, or activities through a 
reprogramming of funds in excess of $5,000,000 or 10 percent, 
whichever is less, that: (1) augments existing programs, 
projects, or activities; (2) reduces by 10 percent funding for 
any existing program, project, or activity, or numbers of 
personnel by 10 percent as approved by the Congress; or (3) 
results from any general savings from a reduction in personnel 
that would result in a change in existing programs, projects, 
or activities as approved by the Congress, unless the 
Committees on Appropriations of the Senate and the House of 
Representatives are notified 15 days in advance of such 
reprogramming of funds.
  (c) Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of 
Homeland Security by this Act or provided by previous 
appropriations Acts may be transferred between such 
appropriations, but no such appropriation, except as otherwise 
specifically provided, shall be increased by more than 10 
percent by such transfers: Provided, That any transfer under 
this section shall be treated as a reprogramming of funds under 
subsection (b) and shall not be available for obligation unless 
the Committees on Appropriations of the Senate and the House of 
Representatives are notified 15 days in advance of such 
transfer.
  (d) Notwithstanding subsections (a), (b), and (c) of this 
section, no funds shall be reprogrammed within or transferred 
between appropriations after June 30, except in extraordinary 
circumstances that imminently threaten the safety of human life 
or the protection of property.
  (e) Within 90 days after the date of enactment of this Act, 
the Secretary of Homeland Security shall submit to the 
Committees on Appropriations of the Senate and the House of 
Representatives a report listing all dollar amounts specified 
in this Act and accompanying explanatory statement that are 
identified in the detailed funding table at the end of the 
explanatory statement accompanying this Act or any other 
amounts specified in this Act or accompanying explanatory 
statement: Provided, That such dollar amounts specified in this 
Act and accompanying explanatory statement shall be subject to 
the conditions and requirements of subsections (a), (b), and 
(c) of this section.
  Sec. 504. The Department of Homeland Security Working Capital 
Fund, established pursuant to section 403 of Public Law 103-356 
(31 U.S.C. 501 note), shall continue operations as a permanent 
working capital fund for fiscal year 2009: Provided, That none 
of the funds appropriated or otherwise made available to the 
Department of Homeland Security may be used to make payments to 
the Working Capital Fund, except for the activities and amounts 
allowed in the President's fiscal year 2009 budget: Provided 
further, That funds provided to the Working Capital Fund shall 
be available for obligation until expended to carry out the 
purposes of the Working Capital Fund: Provided further, That 
all departmental components shall be charged only for direct 
usage of each Working Capital Fund service: Provided further, 
That funds provided to the Working Capital Fund shall be used 
only for purposes consistent with the contributing component: 
Provided further, That such fund shall be paid in advance or 
reimbursed at rates which will return the full cost of each 
service: Provided further, That the Working Capital Fund shall 
be subject to the requirements of section 503 of this Act.
  Sec. 505. Except as otherwise specifically provided by law, 
not to exceed 50 percent of unobligated balances remaining 
available at the end of fiscal year 2009 from appropriations 
for salaries and expenses for fiscal year 2009 in this Act 
shall remain available through September 30, 2010, in the 
account and for the purposes for which the appropriations were 
provided: Provided, That prior to the obligation of such funds, 
a request shall be submitted to the Committees on 
Appropriations of the Senate and the House of Representatives 
for approval in accordance with section 503 of this Act.
  Sec. 506. Funds made available by this Act for intelligence 
activities are deemed to be specifically authorized by the 
Congress for purposes of section 504 of the National Security 
Act of 1947 (50 U.S.C. 414) during fiscal year 2009 until the 
enactment of an Act authorizing intelligence activities for 
fiscal year 2009.
  Sec. 507. None of the funds made available by this Act may be 
used to make a grant allocation, discretionary grant award, 
discretionary contract award, or to issue a letter of intent 
totaling in excess of $1,000,000, or to announce publicly the 
intention to make such an award, including a contract covered 
by the Federal Acquisition Regulation, unless the Secretary of 
Homeland Security notifies the Committees on Appropriations of 
the Senate and the House of Representatives at least 3 full 
business days in advance of making such an award or issuing 
such a letter: Provided, That if the Secretary of Homeland 
Security determines that compliance with this section would 
pose a substantial risk to human life, health, or safety, an 
award may be made without notification and the Committees on 
Appropriations of the Senate and the House of Representatives 
shall be notified not later than 5 full business days after 
such an award is made or letter issued: Provided further, That 
no notification shall involve funds that are not available for 
obligation: Provided further, That the notification shall 
include the amount of the award, the fiscal year in which the 
funds for the award were appropriated, and the account from 
which the funds are being drawn: Provided further, That the 
Federal Emergency Management Agency shall brief the Committees 
on Appropriations of the Senate and the House of 
Representatives 5 full business days in advance of announcing 
publicly the intention of making an award under the State 
Homeland Security Grant Program; Urban Area Security 
Initiative; and the Regional Catastrophic Preparedness Grant 
Program.
  Sec. 508. Notwithstanding any other provision of law, no 
agency shall purchase, construct, or lease any additional 
facilities, except within or contiguous to existing locations, 
to be used for the purpose of conducting Federal law 
enforcement training without the advance approval of the 
Committees on Appropriations of the Senate and the House of 
Representatives, except that the Federal Law Enforcement 
Training Center is authorized to obtain the temporary use of 
additional facilities by lease, contract, or other agreement 
for training which cannot be accommodated in existing Center 
facilities.
  Sec. 509. None of the funds appropriated or otherwise made 
available by this Act may be used for expenses for any 
construction, repair, alteration, or acquisition project for 
which a prospectus otherwise required under chapter 33 of title 
40, United States Code, has not been approved, except that 
necessary funds may be expended for each project for required 
expenses for the development of a proposed prospectus.
  Sec. 510.  Sections 519, 520, 522, 528, 530, and 531 of the 
Department of Homeland Security Appropriations Act, 2008 
(division E of Public Law 110-161; 121 Stat. 2072, 2073, 2074, 
2082) shall apply with respect to funds made available in this 
Act in the same manner as such sections applied to funds made 
available in that Act.
  Sec. 511. None of the funds in this Act may be used in 
contravention of the applicable provisions of the Buy American 
Act (41 U.S.C. 10a et seq.).
  Sec. 512. (a) None of the funds provided by this or previous 
appropriations Acts may be obligated for deployment or 
implementation, on other than a test basis, of the Secure 
Flight program or any other follow-on or successor passenger 
prescreening program, until the Secretary of Homeland Security 
certifies, and the Government Accountability Office reports, to 
the Committees on Appropriations of the Senate and the House of 
Representatives, that all ten of the conditions contained in 
paragraphs (1) through (10) of section 522(a) of Public Law 
108-334 (118 Stat. 1319) have been successfully met.
  (b) The report required by subsection (a) shall be submitted 
within 90 days after the Secretary provides the requisite 
certification, and periodically thereafter, if necessary, until 
the Government Accountability Office confirms that all ten 
conditions have been successfully met.
  (c) Within 90 days after the date of enactment of this Act, 
the Secretary of Homeland Security shall submit to the 
Committees on Appropriations of the Senate and the House of 
Representatives a detailed plan that describes: (1) the dates 
for achieving key milestones, including the date or timeframes 
that the Secretary will certify the program under subsection 
(a); and (2) the methodology to be followed to support the 
Secretary's certification, as required under subsection (a).
  (d) During the testing phase permitted by subsection (a), no 
information gathered from passengers, foreign or domestic air 
carriers, or reservation systems may be used to screen aviation 
passengers, or delay or deny boarding to such passengers, 
except in instances where passenger names are matched to a 
Government watch list.
  (e) None of the funds provided in this or previous 
appropriations Acts may be utilized to develop or test 
algorithms assigning risk to passengers whose names are not on 
Government watch lists.
  (f) None of the funds provided in this or any other Act may 
be used for data or a database that is obtained from or remains 
under the control of a non-Federal entity: Provided, That this 
restriction shall not apply to Passenger Name Record data 
obtained from air carriers.
  Sec. 513. None of the funds made available in this Act may be 
used to amend the oath of allegiance required by section 337 of 
the Immigration and Nationality Act (8 U.S.C. 1448).
  Sec. 514. None of the funds appropriated by this Act may be 
used to process or approve a competition under Office of 
Management and Budget Circular A-76 for services provided as of 
June 1, 2004, by employees (including employees serving on a 
temporary or term basis) of United States Citizenship and 
Immigration Services of the Department of Homeland Security who 
are known as of that date as Immigration Information Officers, 
Contact Representatives, or Investigative Assistants.
  Sec. 515. (a) The Secretary of Homeland Security shall 
research, develop, and procure new technologies to inspect and 
screen air cargo carried on passenger aircraft by the earliest 
date possible.
  (b) Existing checked baggage explosive detection equipment 
and screeners shall be utilized to screen air cargo carried on 
passenger aircraft to the greatest extent practicable at each 
airport until technologies developed under subsection (a) are 
available.
  (c) The Assistant Secretary of Homeland Security 
(Transportation Security Administration) shall work with air 
carriers and airports to ensure that the screening of cargo 
carried on passenger aircraft, as defined in section 
44901(g)(5) of title 49, United States Code, increases 
incrementally each quarter.
  (d) Not later than 45 days after the end of each quarter, the 
Assistant Secretary shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives a 
report on air cargo inspection statistics by airport and air 
carrier detailing the incremental progress being made to meet 
the requirements of section 44901(g)(2) of title 49, United 
States Code.
  Sec. 516. Except as provided in section 44945 of title 49, 
United States Code, funds appropriated or transferred to 
Transportation Security Administration ``Aviation Security'', 
``Administration'' and ``Transportation Security Support'' for 
fiscal years 2004, 2005, 2006, and 2007 that are recovered or 
deobligated shall be available only for the procurement or 
installation of explosives detection systems, for air cargo, 
baggage, and checkpoint screening systems, subject to 
notification: Provided, That quarterly reports shall be 
submitted to the Committees on Appropriations of the Senate and 
the House of Representatives on any funds that are recovered or 
deobligated.
  Sec. 517. Any funds appropriated to United States Coast 
Guard, ``Acquisition, Construction, and Improvements'' for 
fiscal years 2002, 2003, 2004, 2005, and 2006 for the 110-123 
foot patrol boat conversion that are recovered, collected, or 
otherwise received as the result of negotiation, mediation, or 
litigation, shall be available until expended for the 
Replacement Patrol Boat (FRC-B) program.
  Sec. 518. (a)(1) Except as provided in paragraph (2), none of 
the funds provided in this or any other Act shall be available 
to commence or continue operations of the National Applications 
Office until--
          (A) the Secretary certifies in fiscal year 2009 that: 
        (i) National Applications Office programs comply with 
        all existing laws, including all applicable privacy and 
        civil liberties standards; and, (ii) that clear 
        definitions of all proposed domains are established and 
        are auditable;
          (B) the Comptroller General of the United States 
        notifies the Committees on Appropriations of the Senate 
        and the House of Representatives and the Secretary that 
        the Comptroller has reviewed such certification; and
          (C) the Secretary notifies the Committees of all 
        funds to be expended on the National Applications 
        Office pursuant to section 503 of this Act.
  (2) Paragraph (1) shall not apply with respect to any use of 
funds for activities substantially similar to such activities 
conducted by the Department of the Interior as set forth in the 
1975 charter for the Civil Applications Committee under the 
provisions of law codified at section 31 of title 43, United 
States Code.
  (b) The Inspector General shall provide to the Committees on 
Appropriations of the Senate and the House of Representatives, 
starting six months after the date of enactment of this Act, 
and quarterly thereafter, a classified report containing a 
review of the data collected by the National Applications 
Office, including a description of the collection purposes and 
the legal authority under which the collection activities were 
authorized: Provided, That the report shall also include a 
listing of all data collection activities carried out on behalf 
of the National Applications Office by any component of the 
National Guard.
  (c) None of the funds provided in this or any other Act shall 
be available to commence operations of the National Immigration 
Information Sharing Operation until the Secretary certifies 
that such program complies with all existing laws, including 
all applicable privacy and civil liberties standards, the 
Comptroller General of the United States notifies the 
Committees on Appropriations of the Senate and the House of 
Representatives and the Secretary that the Comptroller has 
reviewed such certification, and the Secretary notifies the 
Committees on Appropriations of the Senate and the House of 
Representatives of all funds to be expended on the National 
Immigration Information Sharing Operation pursuant to section 
503.
  Sec. 519. Within 45 days after the close of each month, the 
Chief Financial Officer of the Department of Homeland Security 
shall submit to the Committees on Appropriations of the Senate 
and the House of Representatives a monthly budget and staffing 
report that includes total obligations, on-board versus funded 
full-time equivalent staffing levels, and the number of 
contract employees by office.
  Sec. 520.  Section 532(a) of Public Law 109-295 (120 Stat. 
1384) is amended by striking ``2008'' and inserting ``2009''.
  Sec. 521. The functions of the Federal Law Enforcement 
Training Center instructor staff shall be classified as 
inherently governmental for the purpose of the Federal 
Activities Inventory Reform Act of 1998 (31 U.S.C. 501 note).
  Sec. 522. (a) None of the funds provided by this or any other 
Act may be obligated for the development, testing, deployment, 
or operation of any portion of a human resources management 
system authorized by 5 U.S.C. 9701(a), or by regulations 
prescribed pursuant to such section, for an employee as defined 
in 5 U.S.C. 7103(a)(2).
  (b) The Secretary of Homeland Security shall collaborate with 
employee representatives in the manner prescribed in 5 U.S.C. 
9701(e), in the planning, testing, and development of any 
portion of a human resources management system that is 
developed, tested, or deployed for persons excluded from the 
definition of employee as that term is defined in 5 U.S.C. 
7103(a)(2).
  Sec. 523.  In fiscal year 2009, none of the funds made 
available in this or any other Act may be used to enforce 
section 4025(1) of Public Law 108-458 unless the Assistant 
Secretary of Homeland Security (Transportation Security 
Administration) reverses the determination of July 19, 2007, 
that butane lighters are not a significant threat to civil 
aviation security.
  Sec. 524. Funds made available in this Act may be used to 
alter operations within the Civil Engineering Program of the 
Coast Guard nationwide, including civil engineering units, 
facilities design and construction centers, maintenance and 
logistics commands, and the Coast Guard Academy, except that 
none of the funds provided in this Act may be used to reduce 
operations within any Civil Engineering Unit unless 
specifically authorized by a statute enacted after the date of 
the enactment of this Act.
  Sec. 525. (a) Except as provided in subsection (b), none of 
the funds appropriated in this or any other Act to the Office 
of the Secretary and Executive Management, the Office of the 
Under Secretary for Management, or the Office of the Chief 
Financial Officer, may be obligated for a grant or contract 
funded under such headings by a means other than full and open 
competition.
  (b) Subsection (a) does not apply to obligation of funds for 
a contract awarded--
          (1) by a means that is required by a Federal statute, 
        including obligation for a purchase made under a 
        mandated preferential program, such as the AbilityOne 
        Program, that is authorized under the Javits-Wagner-
        O'Day Act (41 U.S.C. 46 et seq.);
          (2) under the Small Business Act (15 U.S.C. 631 et 
        seq.);
          (3) in an amount less than the simplified acquisition 
        threshold described under section 302A(a) of the 
        Federal Property and Administrative Services Act of 
        1949 (41 U.S.C. 252a(a)); or
          (4) by another Federal agency using funds provided 
        through an interagency agreement.
  (c)(1) Subject to paragraph (2), the Secretary of Homeland 
Security may waive the application of this section for the 
award of a contract in the interest of national security or if 
failure to do so would pose a substantial risk to human health 
or welfare.
  (2) Not later than 5 days after the date on which the 
Secretary of Homeland Security issues a waiver under this 
subsection, the Secretary shall submit notification of that 
waiver to the Committees on Appropriations of the Senate and 
the House of Representatives, including a description of the 
applicable contract and an explanation of why the waiver 
authority was used. The Secretary may not delegate the 
authority to grant such a waiver.
  (d) In addition to the requirements established by this 
section, the Inspector General for the Department of Homeland 
Security shall review departmental contracts awarded through 
other than full and open competition to assess departmental 
compliance with applicable laws and regulations: Provided, That 
the Inspector General shall review selected contracts awarded 
in the previous fiscal year through other than full and open 
competition: Provided further, That in determining which 
contracts to review, the Inspector General shall consider the 
cost and complexity of the goods and services to be provided 
under the contract, the criticality of the contract to 
fulfilling Department missions, past performance problems on 
similar contracts or by the selected vendor, complaints 
received about the award process or contractor performance, and 
such other factors as the Inspector General deems relevant: 
Provided further, That the Inspector General shall report the 
results of the reviews to the Committees on Appropriations of 
the Senate and the House of Representatives.
  Sec. 526.  None of the funds provided by this or previous 
appropriations Acts shall be used to fund any position 
designated as a Principal Federal Official for any Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5121 et seq.) declared disasters or emergencies.
  Sec. 527.  None of the funds made available in this Act may 
be used by United States Citizenship and Immigration Services 
to grant an immigration benefit unless the results of 
background checks required by law to be completed prior to the 
granting of the benefit have been received by United States 
Citizenship and Immigration Services, and the results do not 
preclude the granting of the benefit.
  Sec. 528. None of the funds made available in this Act may be 
used to destroy or put out to pasture any horse or other equine 
belonging to the Federal Government that has become unfit for 
service, unless the trainer or handler is first given the 
option to take possession of the equine through an adoption 
program that has safeguards against slaughter and inhumane 
treatment.
  Sec. 529. None of the funds provided in this Act shall be 
available to carry out section 872 of Public Law 107-296.
  Sec. 530. None of the funds provided in this Act under the 
heading ``Office of the Chief Information Officer'' shall be 
used for data center development other than for the National 
Center for Critical Information Processing and Storage until 
the Chief Information Officer certifies that the National 
Center for Critical Information Processing and Storage is fully 
utilized as the Department's primary data storage center at the 
highest capacity throughout the fiscal year.
  Sec. 531. None of the funds in this Act shall be used to 
reduce the United States Coast Guard's Operations Systems 
Center mission or its government-employed or contract staff 
levels.
  Sec. 532. None of the funds appropriated by this Act may be 
used to conduct, or to implement the results of, a competition 
under Office of Management and Budget Circular A-76 for 
activities performed with respect to the Coast Guard National 
Vessel Documentation Center.
  Sec. 533. The Secretary of Homeland Security shall require 
that all contracts of the Department of Homeland Security that 
provide award fees link such fees to successful acquisition 
outcomes (which outcomes shall be specified in terms of cost, 
schedule, and performance).
  Sec. 534. None of the funds made available to the Office of 
the Secretary and Executive Management under this Act may be 
expended for any new hires by the Department of Homeland 
Security that are not verified through the basic pilot program 
under section 401 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note).
  Sec. 535. None of the funds made available in this Act for 
U.S. Customs and Border Protection may be used to prevent an 
individual not in the business of importing a prescription drug 
(within the meaning of section 801(g) of the Federal Food, 
Drug, and Cosmetic Act) from importing a prescription drug from 
Canada that complies with the Federal Food, Drug, and Cosmetic 
Act: Provided, That this section shall apply only to 
individuals transporting on their person a personal-use 
quantity of the prescription drug, not to exceed a 90-day 
supply: Provided further, That the prescription drug may not 
be--
          (1) a controlled substance, as defined in section 102 
        of the Controlled Substances Act (21 U.S.C. 802); or
          (2) a biological product, as defined in section 351 
        of the Public Health Service Act (42 U.S.C. 262).
  Sec. 536. None of the funds made available in this Act may be 
used by the Secretary of Homeland Security or any delegate of 
the Secretary to issue any rule or regulation which implements 
the Notice of Proposed Rulemaking related to Petitions for 
Aliens To Perform Temporary Nonagricultural Services or Labor 
(H-2B) set out beginning on 70 Fed. Reg. 3984 (January 27, 
2005).
  Sec. 537.  Section 831 of the Homeland Security Act of 2002 
(6 U.S.C. 391) is amended--
          (1) in subsection (a), by striking ``Until September 
        30, 2008,'' and inserting ``Until September 30, 2009 
        and subject to subsection (d),'';
          (2) by redesignating subsection (d) as subsection 
        (e); and
          (3) by inserting after subsection (c) the following:
  ``(d) Additional Requirements.--
          ``(1) In general.--The authority of the Secretary 
        under this section shall terminate September 30, 2009, 
        unless before that date the Secretary--
                  ``(A) issues policy guidance detailing the 
                appropriate use of that authority; and
                  ``(B) provides training to each employee that 
                is authorized to exercise that authority.
          ``(2) Report.--The Secretary shall provide an annual 
        report to the Committees on Appropriations of the 
        Senate and the House of Representatives, the Committee 
        on Homeland Security and Governmental Affairs of the 
        Senate, and the Committee on Homeland Security of the 
        House of Representatives detailing the projects for 
        which the authority granted by subsection (a) was used, 
        the rationale for its use, the funds spent using that 
        authority, the outcome of each project for which that 
        authority was used, and the results of any audits of 
        such projects.''.
  Sec. 538. None of the funds made available in this Act may be 
used for planning, testing, piloting, or developing a national 
identification card.
  Sec. 539. (a) Notwithstanding any other provision of this 
Act, except as provided in subsection (b), and 30 days after 
the date that the President determines whether to declare a 
major disaster because of an event and any appeal is completed, 
the Administrator shall submit to the Committee on Homeland 
Security and Governmental Affairs of the Senate, the Committee 
on Homeland Security of the House of Representatives, the 
Committee on Transportation and Infrastructure of the House of 
Representatives, the Committees on Appropriations of the Senate 
and the House of Representatives, and publish on the website of 
the Federal Emergency Management Agency, a report regarding 
that decision, which shall summarize damage assessment 
information used to determine whether to declare a major 
disaster.
  (b) The Administrator may redact from a report under 
subsection (a) any data that the Administrator determines would 
compromise national security.
  (c) In this section--
          (1) the term ``Administrator'' means the 
        Administrator of the Federal Emergency Management 
        Agency; and
          (2) the term ``major disaster'' has the meaning given 
        that term in section 102 of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 
        5122).
  Sec. 540. Notwithstanding any other provision of law, should 
the Secretary of Homeland Security determine that the National 
Bio and Agro-defense Facility be located at a site other than 
Plum Island, New York, the Secretary shall liquidate the Plum 
Island asset by directing the Administrator of General Services 
to sell through public sale all real and related personal 
property and transportation assets which support Plum Island 
operations, subject to such terms and conditions as necessary 
to protect government interests and meet program requirements: 
Provided, That the gross proceeds of such sale shall be 
deposited as offsetting collections into the Department of 
Homeland Security Science and Technology ``Research, 
Development, Acquisition, and Operations'' account and, subject 
to appropriation, shall be available until expended, for site 
acquisition, construction, and costs related to the 
construction of the National Bio and Agro-defense Facility, 
including the costs associated with the sale, including due 
diligence requirements, necessary environmental remediation at 
Plum Island, and reimbursement of expenses incurred by the 
General Services Administration which shall not exceed 1 
percent of the sale price: Provided further, That after the 
completion of construction and environmental remediation, the 
unexpended balances of funds appropriated for costs in the 
preceding proviso shall be available for transfer to the 
appropriate account for design and construction of a 
consolidated Department of Homeland Security Headquarters 
project, excluding daily operations and maintenance costs, 
notwithstanding section 503 of this Act, and the Committees on 
Appropriations of the Senate and the House of Representatives 
shall be notified 15 days prior to such transfer.
  Sec. 541.  Any official that is required by this Act to 
report or certify to the Committees on Appropriations of the 
Senate and the House of Representatives may not delegate such 
authority to perform that act unless specifically authorized 
herein.
  Sec. 542.  The Secretary of Homeland Security, in 
consultation with the Secretary of the Treasury, shall notify 
the Committees on Appropriations of the Senate and the House of 
Representatives of any proposed transfers of funds available 
under 31 U.S.C. 9703.2(g)(4)(B) from the Department of the 
Treasury Forfeiture Fund to any agency within the Department of 
Homeland Security: Provided, That none of the funds identified 
for such a transfer may be obligated until the Committees on 
Appropriations of the Senate and the House of Representatives 
approve the proposed transfers.
  Sec. 543.  Section 520 of Public Law 108-90 (6 U.S.C. 469) is 
amended--
          (1) by inserting ``(a) Fees.--'' before ``For fiscal 
        year 2004 and thereafter''; and
          (2) by adding at the end the following:
  ``(b) Recurrent Training of Aliens in Operation of 
Aircraft.--
          ``(1) Process for reviewing threat assessments.--
        Notwithstanding section 44939(e) of title 49, United 
        States Code, the Secretary shall establish a process to 
        ensure that an alien (as defined in section 101(a)(3) 
        of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(3)) applying for recurrent training in the 
        operation of any aircraft is properly identified and 
        has not, since the time of any prior threat assessment 
        conducted pursuant to section 44939(a) of such title, 
        become a risk to aviation or national security.
          ``(2) Interruption of training.--If the Secretary 
        determines, in carrying out the process established 
        under paragraph (1), that an alien is a present risk to 
        aviation or national security, the Secretary shall 
        immediately notify the person providing the training of 
        the determination and that person shall not provide the 
        training or if such training has commenced that person 
        shall immediately terminate the training.
          ``(3) Fees.--The Secretary may charge reasonable fees 
        under subsection (a) for providing credentialing and 
        background investigations for aliens in connection with 
        the process for recurrent training established under 
        paragraph (1). Such fees shall be promulgated by notice 
        in the Federal Register.''.
  Sec. 544. (a) Not later than six months from the date of 
enactment of this Act, the Secretary of Homeland Security shall 
consult with the Secretaries of Defense and Transportation and 
develop a concept of operations for unmanned aerial systems in 
the United States national airspace system for the purposes of 
border and maritime security operations.
  (b) The Secretary of Homeland Security shall report to the 
Committees on Appropriations of the Senate and the House of 
Representatives not later than 30 days after the date of 
enactment of this Act on any foreseeable challenges to 
complying with subsection (a).
  Sec. 545.  If the Assistant Secretary of Homeland Security 
(Transportation Security Administration) determines that an 
airport does not need to participate in the basic pilot 
program, the Assistant Secretary shall certify to the 
Committees on Appropriations of the Senate and the House of 
Representatives that no security risks will result by such non-
participation.
  Sec. 546. Notwithstanding any other provision of law, and not 
later than 30 days after the date of submission of a request 
for a single payment, the President shall provide a single 
payment for any eligible costs under section 406 of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5172) for any police station, fire station, or criminal 
justice facility that was damaged by Hurricane Katrina of 2005 
or Hurricane Rita of 2005: Provided, That the President shall 
not reduce the amount of assistance provided under section 
406(c)(1) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5172(c)(1)) for such 
facilities: Provided further, That nothing in the previous 
proviso may be construed to alter the appeal or review process 
relating to assistance provided under section 406 of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5172): Provided further, That the President shall not 
reduce the amount of assistance provided to a local government 
under section 406(d) of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5172(d)) more than once 
for each such type of facility for which that local government 
is receiving assistance under section 406 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act relating 
to Hurricane Katrina of 2005 or Hurricane Rita of 2005.
  Sec. 547. For grants to States pursuant to section 204(a) of 
the REAL ID Act of 2005 (division B of Public Law 109-13), 
$50,000,000, to remain available until expended. In addition, 
for developing an information sharing and verification 
capability with States to support implementation of the REAL ID 
Act, $50,000,000, to remain available until expended: Provided, 
That none of the funds provided in this section for development 
of the information sharing and verification system shall be 
available to create any new system of records from the data 
accessible by such information technology system, or to create 
any means of access by Federal agencies to such information 
technology system other than to fulfill responsibilities 
pursuant to the REAL ID Act of 2005.
  Sec. 548. Notwithstanding any other provision of law, the 
Federal Emergency Management Agency shall reimburse Jones 
County and Harrison County in the State of Mississippi under 
section 407 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5173) for unreimbursed 
costs relating to the removal of debris that were incurred by 
such counties as a result of Hurricane Katrina in 2005.
  Sec. 549. From the unobligated balances of prior year 
appropriations made available for Transportation Security 
Administration, $31,000,000 are rescinded: Provided, That the 
Transportation Security Administration shall not rescind any 
unobligated balances from the following programs: screener 
partnership program; explosives detection systems; checkpoint 
support; aviation regulation and other enforcement; air cargo; 
and air cargo research and development.
  Sec. 550. From the unobligated balances of prior year 
appropriations made available for ``Analysis and Operations'', 
$21,373,000 are rescinded.
  Sec. 551. From unobligated balances of prior year 
appropriations made available for Coast Guard ``Acquisition, 
Construction, and Improvements'', $20,000,000 are rescinded: 
Provided, That no funds shall be rescinded from prior year 
appropriations provided for the National Security Cutter or the 
Maritime Patrol Aircraft: Provided further, That the Coast 
Guard shall submit notification in accordance with section 503 
of this Act listing projects for which funding will be 
rescinded.
  Sec. 552. For fiscal year 2008, funds made available for 
Federal Emergency Management Agency ``National Predisaster 
Mitigation Fund'' shall be provided as detailed in the 
explanatory statement accompanying Public Law 110-161.
  Sec. 553. Section 203(m) of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5133(m)) is 
amended by striking ``September 30, 2008'' and inserting 
``September 30, 2009''.
  This division may be cited as the ``Department of Homeland 
Security Appropriations Act, 2009''.

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

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

                                TITLE I


                         DEPARTMENT OF DEFENSE


                      Military Construction, Army


                    (INCLUDING RESCISSIONS OF FUNDS)

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

              Military Construction, Navy and Marine Corps

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

                    Military Construction, Air Force


                    (INCLUDING RESCISSION OF FUNDS)

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

                  Military Construction, Defense-Wide


              (INCLUDING TRANSFER AND RESCISSION OF FUNDS)

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

               Military Construction, Army National Guard


                    (INCLUDING RESCISSION OF FUNDS)

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

               Military Construction, Air National Guard

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

                  Military Construction, Army Reserve

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

                  Military Construction, Navy Reserve

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

                Military Construction, Air Force Reserve

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

                   North Atlantic Treaty Organization


                      Security Investment Program

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

                   Family Housing Construction, Army

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

             Family Housing Operation and Maintenance, Army

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

           Family Housing Construction, Navy and Marine Corps

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

    Family Housing Operation and Maintenance, Navy and Marine Corps

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

                 Family Housing Construction, Air Force

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

          Family Housing Operation and Maintenance, Air Force

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

         Family Housing Operation and Maintenance, Defense-Wide

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

         Department of Defense Family Housing Improvement Fund

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

                       Homeowners Assistance Fund

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

          Chemical Demilitarization Construction, Defense-Wide

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

            Department of Defense Base Closure Account 1990

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

            Department of Defense Base Closure Account 2005

  For deposit into the Department of Defense Base Closure 
Account 2005, established by section 2906A(a)(1) of the Defense 
Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), 
$8,765,613,000, to remain available until expended: Provided, 
That the Department of Defense shall notify the Committees on 
Appropriations of both Houses of Congress 14 days prior to 
obligating an amount for a construction project that exceeds or 
reduces the amount identified for that project in the most 
recently submitted budget request for this account by 20 
percent or $2,000,000, whichever is less: Provided further, 
That the previous proviso shall not apply to projects costing 
less than $5,000,000, except for those projects not previously 
identified in any budget submission for this account and 
exceeding the minor construction threshold under 10 U.S.C. 
2805.

                       Administrative Provisions

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

                     (INCLUDING TRANSFER OF FUNDS)

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

                     (INCLUDING TRANSFER OF FUNDS)

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

                     (INCLUDING TRANSFER OF FUNDS)

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

                     (INCLUDING TRANSFER OF FUNDS)

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

                     (INCLUDING TRANSFER OF FUNDS)

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

                     (INCLUDING TRANSFER OF FUNDS)

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

                     (INCLUDING TRANSFER OF FUNDS)

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

                                TITLE II


                     DEPARTMENT OF VETERANS AFFAIRS


                    Veterans Benefits Administration


                       COMPENSATION AND PENSIONS

                     (INCLUDING TRANSFER OF FUNDS)

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

                         READJUSTMENT BENEFITS

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

                   VETERANS INSURANCE AND INDEMNITIES

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

                 VETERANS HOUSING BENEFIT PROGRAM FUND

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

            VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

                     (INCLUDING TRANSFER OF FUNDS)

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

          NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT

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

  GUARANTEED TRANSITIONAL HOUSING LOANS FOR HOMELESS VETERANS PROGRAM 
                                ACCOUNT

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

                     Veterans Health Administration


                            MEDICAL SERVICES

                     (INCLUDING TRANSFER OF FUNDS)

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

                     MEDICAL SUPPORT AND COMPLIANCE

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

                           MEDICAL FACILITIES

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

                    MEDICAL AND PROSTHETIC RESEARCH

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

                    National Cemetery Administration

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

                      Departmental Administration


                       GENERAL OPERATING EXPENSES

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

                     INFORMATION TECHNOLOGY SYSTEMS

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

                      OFFICE OF INSPECTOR GENERAL

  For necessary expenses of the Office of Inspector General, to 
include information technology, in carrying out the provisions 
of the Inspector General Act of 1978 (5 U.S.C. App.), 
$87,818,000, of which $5,000,000 shall be available until 
September 30, 2010.

                      CONSTRUCTION, MAJOR PROJECTS

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

                      CONSTRUCTION, MINOR PROJECTS

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

       GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES

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

          GRANTS FOR CONSTRUCTION OF STATE VETERANS CEMETERIES

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

                       Administrative Provisions


                     (INCLUDING TRANSFER OF FUNDS)

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

                     (INCLUDING TRANSFER OF FUNDS)

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

                     (INCLUDING TRANSFER OF FUNDS)

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

                     (INCLUDING TRANSFER OF FUNDS)

  Sec. 210. Funds available in this title or funds for salaries 
and other administrative expenses shall also be available to 
reimburse the Office of Resolution Management of the Department 
of Veterans Affairs and the Office of Employment Discrimination 
Complaint Adjudication under section 319 of title 38, United 
States Code, for all services provided at rates which will 
recover actual costs but not exceed $34,158,000 for the Office 
of Resolution Management and $3,278,000 for the Office of 
Employment and Discrimination Complaint Adjudication: Provided, 
That payments may be made in advance for services to be 
furnished based on estimated costs: Provided further, That 
amounts received shall be credited to the ``General operating 
expenses'' and ``Information technology systems'' accounts for 
use by the office that provided the service.
  Sec. 211. No appropriations in this title shall be available 
to enter into any new lease of real property if the estimated 
annual rental is more than $1,000,000 unless the Secretary 
submits a report which the Committees on Appropriations of both 
Houses of Congress approve within 30 days following the date on 
which the report is received.
  Sec. 212. No funds of the Department of Veterans Affairs 
shall be available for hospital care, nursing home care, or 
medical services provided to any person under chapter 17 of 
title 38, United States Code, for a non-service-connected 
disability described in section 1729(a)(2) of such title, 
unless that person has disclosed to the Secretary of Veterans 
Affairs, in such form as the Secretary may require, current, 
accurate third-party reimbursement information for purposes of 
section 1729 of such title: Provided, That the Secretary may 
recover, in the same manner as any other debt due the United 
States, the reasonable charges for such care or services from 
any person who does not make such disclosure as required: 
Provided further, That any amounts so recovered for care or 
services provided in a prior fiscal year may be obligated by 
the Secretary during the fiscal year in which amounts are 
received.

                     (INCLUDING TRANSFER OF FUNDS)

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

                     (INCLUDING TRANSFER OF FUNDS)

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

                     (INCLUDING TRANSFER OF FUNDS)

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

                     (INCLUDING TRANSFER OF FUNDS)

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

                     (INCLUDING TRANSFER OF FUNDS)

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

                     (INCLUDING TRANSFER OF FUNDS)

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

                               TITLE III


                            RELATED AGENCIES


                  American Battle Monuments Commission


                         SALARIES AND EXPENSES

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

                 foreign currency fluctuations account

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

           United States Court of Appeals for Veterans Claims


                         SALARIES AND EXPENSES

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

                      Department of Defense--Civil


                       Cemeterial Expenses, Army


                         SALARIES AND EXPENSES

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

                      Armed Forces Retirement Home


                               TRUST FUND

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

                                TITLE IV


                           GENERAL PROVISIONS

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

                                  
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