    [111th Congress Public Law 8]
    [From the U.S. Government Publishing Office]

    [[Page 523]]

                        OMNIBUS APPROPRIATIONS ACT, 2009

    [[Page 123 STAT. 524]]

    Public Law 111-8
    111th Congress

                                     An Act

     Making omnibus appropriations for the fiscal year ending September 30,
      2009, and for other purposes. <<NOTE: Mar. 11, 2009 -  [H.R. 1105]>>

        Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <<NOTE: Omnibus
    Appropriations Act, 2009.>>

    SECTION 1. SHORT TITLE.

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

    SEC. 2. TABLE OF CONTENTS.

        The table of contents of this Act is as follows:

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

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

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

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

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

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

    Title I--Department of Defense--Civil: Department of the Army
    Title II--Department of the Interior
    Title III--Department of Energy
    Title IV--Independent Agencies
    Title V--General Provisions

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

    Title I--Department of the Treasury
    Title II--Executive Office of the President and Funds Appropriated to
               the President
    Title III--The Judiciary
    Title IV--District of Columbia
    Title V--Independent Agencies

    [[Page 123 STAT. 525]]

    Title VI--General Provisions--This Act
    Title VII--General Provisions--Government-wide
    Title VIII--General Provisions--District of Columbia

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

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

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

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

             DIVISION G--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2009

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

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

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

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

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

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

    SEC. 3. <<NOTE: 1 USC 1 note.>>  REFERENCES.

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

    SEC. 4. EXPLANATORY STATEMENT.

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

    SEC. 5. STATEMENT OF APPROPRIATIONS.

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

    [[Page 123 STAT. 526]]

     DIVISION A--AGRICULTURE, <<NOTE: Agriculture, Rural Development, Food
       and Drug Administration, and Related Agencies Appropriations Act,
     2009.>>  RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED
    AGENCIES APPROPRIATIONS ACT, 2009

                                     TITLE I

                              AGRICULTURAL PROGRAMS

                      Production, Processing and Marketing

                             Office of the Secretary

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

                              Executive Operations

                          office of the chief economist

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

                            national appeals division

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

                      office of budget and program analysis

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

                           office of homeland Security

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

                     Office of the Chief Information Officer

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

                      Office of the Chief Financial Officer

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

               Office of the Assistant Secretary for Civil Rights

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

    [[Page 123 STAT. 527]]

                             Office of Civil Rights

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

              Office of the Assistant Secretary for Administration

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

            Agriculture Buildings and Facilities and Rental Payments

                         (including transfers of funds)

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

                         Hazardous Materials Management

                         (including transfers of funds)

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

                           Departmental Administration

                         (including transfers of funds)

        For Departmental Administration, $27,011,000, to provide for
    necessary expenses for management support services to offices of the
    Department and for general administration, security, repairs and
    alterations, and other miscellaneous supplies and expenses not otherwise
    provided for and necessary for the practical and

    [[Page 123 STAT. 528]]

    efficient work of the Department: Provided, That this appropriation
    shall be reimbursed from applicable appropriations in this Act for
    travel expenses incident to the holding of hearings as required by 5
    U.S.C. 551-558.

          Office of the Assistant Secretary for Congressional Relations

                         (including transfers of funds)

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

                            Office of Communications

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

                           Office of Inspector General

        For necessary expenses of the Office of Inspector General, including
    employment pursuant to the Inspector General Act of 1978, $85,766,000,
    including such sums as may be necessary for contracting and other
    arrangements with public agencies and private persons pursuant to
    section 6(a)(9) of the Inspector General Act of 1978, and including not
    to exceed $125,000 for certain confidential operational expenses,
    including the payment of informants, to be expended under the direction
    of the Inspector General pursuant to Public Law 95-452 and section 1337
    of Public Law 97-98.

                          Office of the General Counsel

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

       Office of the Under Secretary for Research, Education and Economics

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

                            Economic Research Service

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

    [[Page 123 STAT. 529]]

                    National Agricultural Statistics Service

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

                          Agricultural Research Service

                              salaries and expenses

        For necessary expenses of the Agricultural Research Service and for
    acquisition of lands by donation, exchange, or purchase at a nominal
    cost not to exceed $100, and for land exchanges where the lands
    exchanged shall be of equal value or shall be equalized by a payment of
    money to the grantor which shall not exceed 25 percent of the total
    value of the land or interests transferred out of Federal ownership,
    $1,140,406,000, of which $112,571,000 shall be for the purposes, and in
    the amounts, specified in the table titled ``Agricultural Research
    Service, Salaries and Expenses, Congressionally-designated Projects'' in
    the explanatory statement described in section 4 (in the matter
    preceding division A of this consolidated Act): <<NOTE: 7 USC 2254.>>
    Provided, That appropriations hereunder shall be available for the
    operation and maintenance of aircraft and the purchase of not to exceed
    one for replacement only: Provided further, That appropriations
    hereunder shall be available pursuant to 7 U.S.C. 2250 for the
    construction, alteration, and repair of buildings and improvements, but
    unless otherwise provided, the cost of constructing any one building
    shall not exceed $375,000, except for headhouses or greenhouses which
    shall each be limited to $1,200,000, and except for 10 buildings to be
    constructed or improved at a cost not to exceed $750,000 each, and the
    cost of altering any one building during the fiscal year shall not
    exceed 10 percent of the current replacement value of the building or
    $375,000, whichever is greater: <<NOTE: Maryland.>>  Provided further,
    That the limitations on alterations contained in this Act shall not
    apply to modernization or replacement of existing facilities at
    Beltsville, Maryland: Provided further, That appropriations hereunder
    shall be available for granting easements at the Beltsville Agricultural
    Research Center: Provided further, That the foregoing limitations shall
    not apply to replacement of buildings needed to carry out the Act of
    April 24, 1948 (21 U.S.C. 113a): Provided further, That funds may be
    received from any State, other political subdivision, organization, or
    individual for the purpose of establishing or operating any research
    facility or research project of the Agricultural Research Service, as
    authorized by law.

                            buildings and facilities

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

    [[Page 123 STAT. 530]]

          Cooperative State Research, Education, and Extension Service

                        research and education activities

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

    [[Page 123 STAT. 531]]

    $39,426,000, of which $2,704,000 for the Research, Education, and
    Economics Information System and $2,136,000 for the Electronic Grants
    Information System, are to remain available until expended.

                   native american institutions endowment fund

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

                              extension activities

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

                              integrated activities

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

    [[Page 123 STAT. 532]]

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

       Office of the Under Secretary for Marketing and Regulatory Programs

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

                   Animal and Plant Health Inspection Service

                              salaries and expenses

                         (including transfers of funds)

        For necessary expenses of the Animal and Plant Health Inspection
    Service, including up to $30,000 for representation allowances and for
    expenses pursuant to the Foreign Service Act of 1980 (22 U.S.C. 4085),
    $876,675,000, of which $23,494,000 shall be for the purposes, and in the
    amounts, specified in the table titled ``Animal and Plant Health
    Inspection Service, Congressionally-designated Projects'' in the
    explanatory statement described in section 4 (in the matter preceding
    division A of this consolidated Act), of which $2,025,000 shall be
    available for the control of outbreaks of insects, plant diseases,
    animal diseases and for control of pest animals and birds to the extent
    necessary to meet emergency conditions; of which $29,590,000 shall be
    used for the cotton pests program for cost share purposes or for debt
    retirement for active eradication zones; of which $14,500,000 shall be
    for a National Animal Identification program, of which $3,500,000 is for
    information technology infrastructure and services, and $9,395,000 is
    for field implementation, and $1,605,000 is for program administration;
    of which $60,594,000 shall be used to prevent and control avian
    influenza and shall remain available until expended; of which $1,015,000
    of the plum pox program shall remain available until September 30, 2010:
    Provided, That funds provided for the contingency fund to meet emergency
    conditions, information technology infrastructure, fruit fly program,
    emerging plant pests, cotton pests program, grasshopper and mormon
    cricket program, the National Veterinary Stockpile, up to $12,895,000 in
    animal health monitoring

    [[Page 123 STAT. 533]]

    and surveillance for the animal identification system, up to $1,500,000
    in the scrapie program for indemnities, up to $1,000,000 for wildlife
    services methods development, up to $1,000,000 of the wildlife services
    operations program for aviation safety, and up to 25 percent of the
    screwworm program shall remain available until expended: Provided
    further, That no funds shall be used to formulate or administer a
    brucellosis eradication program for the current fiscal year that does
    not require minimum matching by the States of at least 40 percent:
    Provided further, That this appropriation shall be available for the
    operation and maintenance of aircraft and the purchase of not to exceed
    four, of which two shall be for replacement only: Provided further,
    That, in addition, in emergencies which threaten any segment of the
    agricultural production industry of this country, the Secretary may
    transfer from other appropriations or funds available to the agencies or
    corporations of the Department such sums as may be deemed necessary, to
    be available only in such emergencies for the arrest and eradication of
    contagious or infectious disease or pests of animals, poultry, or
    plants, and for expenses in accordance with sections 10411 and 10417 of
    the Animal Health Protection Act (7 U.S.C. 8310 and 8316) and sections
    431 and 442 of the Plant Protection Act (7 U.S.C. 7751 and 7772), and
    any unexpended balances of funds transferred for such emergency purposes
    in the preceding fiscal year shall be merged with such transferred
    amounts: Provided further, That appropriations hereunder shall be
    available pursuant to law (7 U.S.C. 2250) for the repair and alteration
    of leased buildings and improvements, but unless otherwise provided the
    cost of altering any one building during the fiscal year shall not
    exceed 10 percent of the current replacement value of the building.
        In fiscal year 2009, the agency is authorized to collect fees to
    cover the total costs of providing technical assistance, goods, or
    services requested by States, other political subdivisions, domestic and
    international organizations, foreign governments, or individuals,
    provided that such fees are structured such that any entity's liability
    for such fees is reasonably based on the technical assistance, goods, or
    services provided to the entity by the agency, and such fees shall be
    credited to this account, to remain available until expended, without
    further appropriation, for providing such assistance, goods, or
    services.

                            BUILDINGS AND FACILITIES

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

                         Agricultural Marketing Service

                               marketing services

        For necessary expenses of the Agricultural Marketing Service,
    $86,711,000: Provided, That this appropriation shall be available
    pursuant to law (7 U.S.C. 2250) for the alteration and repair of
    buildings and improvements, but the cost of altering any one

    [[Page 123 STAT. 534]]

    building during the fiscal year shall not exceed 10 percent of the
    current replacement value of the building.
        Fees may be collected for the cost of standardization activities, as
    established by regulation pursuant to law (31 U.S.C. 9701).

                      limitation on administrative expenses

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

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

                         (including transfers of funds)

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

                       payments to states and possessions

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

             Grain Inspection, Packers and Stockyards Administration

                              salaries and expenses

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

             limitation on inspection and weighing services expenses

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

    [[Page 123 STAT. 535]]

                  Office of the Under Secretary for Food Safety

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

                       Food Safety and Inspection Service

        For necessary expenses to carry out services authorized by the
    Federal Meat Inspection Act, the Poultry Products Inspection Act, and
    the Egg Products Inspection Act, including not to exceed $50,000 for
    representation allowances and for expenses pursuant to section 8 of the
    Act approved August 3, 1956 (7 U.S.C. 1766), $971,566,000; and in
    addition, $1,000,000 may be credited to this account from fees collected
    for the cost of laboratory accreditation as authorized by section 1327
    of the Food, Agriculture, Conservation and Trade Act of 1990 (7 U.S.C.
    138f): <<NOTE: Employed positions.>>  Provided, That no fewer than 120
    full-time equivalent positions shall be employed during fiscal year 2009
    for purposes dedicated solely to inspections and enforcement related to
    the Humane Methods of Slaughter Act: Provided further, That of the
    amount available under this heading, $3,000,000 shall be obligated to
    maintain the Humane Animal Tracking System as part of the Public Health
    Data Communication Infrastructure System: Provided further, That this
    appropriation shall be available pursuant to law (7 U.S.C. 2250) for the
    alteration and repair of buildings and improvements, but the cost of
    altering any one building during the fiscal year shall not exceed 10
    percent of the current replacement value of the building.

    Office of the Under Secretary for Farm and Foreign Agricultural Services

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

                               Farm Service Agency

                              salaries and expenses

                         (including transfers of funds)

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

                             state mediation grants

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

                   grassroots source water protection program

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

    [[Page 123 STAT. 536]]

                             dairy indemnity program

                          (including transfer of funds)

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

               agricultural credit insurance fund program account

                         (including transfers of funds)

        For gross obligations for the principal amount of direct and
    guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7
    U.S.C. 1941 et seq.) loans, Indian tribe land acquisition loans (25
    U.S.C. 488), and boll weevil loans (7 U.S.C. 1989), to be available from
    funds in the Agricultural Credit Insurance Fund, as follows: farm
    ownership loans, $1,461,066,000, of which $1,238,768,000 shall be for
    unsubsidized guaranteed loans and $222,298,000 shall be for direct
    loans; operating loans, $1,862,578,000, of which $1,017,497,000 shall be
    for unsubsidized guaranteed loans, $269,986,000 shall be for subsidized
    guaranteed loans and $575,095,000 shall be for direct loans; Indian
    tribe land acquisition loans, $3,940,000; and for boll weevil
    eradication program loans, $100,000,000: Provided, That <<NOTE: Pink
    Bollworm.>>  the Secretary shall deem the pink bollworm to be a boll
    weevil for the purpose of boll weevil eradication program loans.

        For the cost of direct and guaranteed loans, including the cost of
    modifying loans as defined in section 502 of the Congressional Budget
    Act of 1974, as follows: farm ownership loans, $16,803,000, of which
    $4,088,000 shall be for unsubsidized guaranteed loans, and $12,715,000
    shall be for direct loans; operating loans, $130,371,000, of which
    $25,336,000 shall be for unsubsidized guaranteed loans, $37,231,000
    shall be for subsidized guaranteed loans, and $67,804,000 shall be for
    direct loans; and Indian tribe land acquisition loans, $248,000.
        In addition, for administrative expenses necessary to carry out the
    direct and guaranteed loan programs, $317,323,000, of which $309,403,000
    shall be transferred to and merged with the appropriation for ``Farm
    Service Agency, Salaries and Expenses''.
        Funds appropriated by this Act to the Agricultural Credit Insurance
    Program Account for farm ownership and operating direct loans and
    guaranteed loans may be transferred among these programs: Provided,
    That <<NOTE: Notification. Deadline.>>  the Committees on Appropriations
    of both Houses of Congress are notified at least 15 days in advance of
    any transfer.

                             Risk Management Agency

        For necessary expenses of the Risk Management Agency, $77,177,000:
    Provided, That the funds made available under section 522(e) of the
    Federal Crop Insurance Act (7 U.S.C. 1522(e)) may be used for the Common
    Information Management System: Provided

    [[Page 123 STAT. 537]]

    further, That not to exceed $1,000 shall be available for official
    reception and representation expenses, as authorized by 7 U.S.C.
    1506(i).

                                  CORPORATIONS

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

                     Federal Crop Insurance Corporation Fund

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

                        Commodity Credit Corporation Fund

                      reimbursement for net realized losses

                         (including transfers of funds)

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

                           hazardous waste management

                            (limitation on expenses)

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

    [[Page 123 STAT. 538]]

                                    TITLE II

                              CONSERVATION PROGRAMS

       Office of the Under Secretary for Natural Resources and Environment

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

                     Natural Resources Conservation Service

                             conservation operations

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

                    watershed and flood prevention operations

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

    [[Page 123 STAT. 539]]

    to exceed $15,000,000 of this appropriation shall be available for
    technical assistance.

                        watershed rehabilitation program

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

                      resource conservation and development

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

                                    TITLE III

                           RURAL DEVELOPMENT PROGRAMS

               Office of the Under Secretary for Rural Development

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

                     Rural Development Salaries and Expenses

                         (including transfers of funds)

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

                              Rural Housing Service

                  rural housing insurance fund program account

                         (including transfers of funds)

        For gross obligations for the principal amount of direct and
    guaranteed loans as authorized by title V of the Housing Act of 1949, to
    be available from funds in the rural housing insurance

    [[Page 123 STAT. 540]]

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

                            rental assistance program

        For rental assistance agreements entered into or renewed pursuant to
    the authority under section 521(a)(2) or agreements entered into in lieu
    of debt forgiveness or payments for eligible households as authorized by
    section 502(c)(5)(D) of the Housing Act of 1949, $902,500,000, to remain
    available through September 30, 2010; and, in addition, such sums as may
    be necessary, as authorized by section 521(c) of the Act, to liquidate
    debt incurred prior to fiscal year 1992 to carry out the rental
    assistance program under section 521(a)(2) of the Act: Provided, That of
    this amount, up to $5,958,000 shall be available for debt forgiveness or
    payments for eligible households as authorized by section 502(c)(5)(D)
    of the Act, and not to exceed $50,000 per project for advances to
    nonprofit organizations or public agencies to cover direct costs (other
    than purchase price) incurred in purchasing projects pursuant to section
    502(c)(5)(C) of the Act: Provided further, That of this amount not less
    than $2,030,000 is available for newly constructed units financed by
    section 515 of the Housing Act of 1949, and not less

    [[Page 123 STAT. 541]]

    than $3,400,000 is for newly constructed units financed under sections
    514 and 516 of the Housing Act of 1949: <<NOTE: Contracts.>>  Provided
    further, That rental assistance agreements entered into or renewed
    during the current fiscal year shall be funded for a one-year period:
    Provided further, That any unexpended balances remaining at the end of
    such one-year agreements may be transferred and used for the purposes of
    any debt reduction; maintenance, repair, or rehabilitation of any
    existing projects; preservation; and rental assistance activities
    authorized under title V of the Act: Provided further, That rental
    assistance provided under agreements entered into prior to fiscal year
    2009 for a farm labor multi-family housing project financed under
    section 514 or 516 of the Act may not be recaptured for use in another
    project until such assistance has remained unused for a period of 12
    consecutive months, if such project has a waiting list of tenants
    seeking such assistance or the project has rental assistance eligible
    tenants who are not receiving such assistance: <<NOTE: Applicability.>>
    Provided further, That such recaptured rental assistance shall, to the
    extent practicable, be applied to another farm labor multi-family
    housing project financed under section 514 or 516 of the Act.

               multi-family housing revitalization program account

        For the rural housing voucher program as authorized under section
    542 of the Housing Act of 1949, but notwithstanding subsection (b) of
    such section, for the cost to conduct a housing demonstration program to
    provide revolving loans for the preservation of low-income multi-family
    housing projects, and for additional costs to conduct a demonstration
    program for the preservation and revitalization of multi-family rental
    housing properties described in this paragraph, $27,714,000, to remain
    available until expended: Provided, That <<NOTE: Vouchers.>>  of the
    funds made available under this heading, $4,965,000 shall be available
    for rural housing vouchers to any low-income household (including those
    not receiving rental assistance) residing in a property financed with a
    section 515 loan which has been prepaid after September 30, 2005:
    Provided further, That the amount of such voucher shall be the
    difference between comparable market rent for the section 515 unit and
    the tenant paid rent for such unit: Provided further, That funds made
    available for such vouchers shall be subject to the availability of
    annual appropriations: Provided further, That the Secretary shall, to
    the maximum extent practicable, administer such vouchers with current
    regulations and administrative guidance applicable to section 8 housing
    vouchers administered by the Secretary of the Department of Housing and
    Urban Development (including the ability to pay administrative costs
    related to delivery of the voucher funds): Provided further, That if the
    Secretary determines that the amount made available for vouchers in this
    or any other Act is not needed for vouchers, the Secretary may use such
    funds for the demonstration programs for the preservation and
    revitalization of multi-family rental housing properties described in
    this paragraph: <<NOTE: Loans.>>  Provided further, That of the funds
    made available under this heading, $2,889,000 shall be available for the
    cost of loans to private non-profit organizations, or such non-profit
    organizations' affiliate loan funds and State and local housing finance
    agencies, to carry out a housing demonstration program to provide
    revolving loans for the preservation of low-income multi-family housing
    projects: Provided further, That loans under such demonstration program
    shall

    [[Page 123 STAT. 542]]

    have an interest rate of not more than 1 percent direct loan to the
    recipient: Provided further, That the Secretary may defer the interest
    and principal payment to the Rural Housing Service for up to 3 years and
    the term of such loans shall not exceed 30 years: Provided further, That
    of the funds made available under this heading, $19,860,000 shall be
    available for a demonstration program for the preservation and
    revitalization of the section 514, 515, and 516 multi-family rental
    housing properties to restructure existing USDA multi-family housing
    loans, as the Secretary deems appropriate, expressly for the purposes of
    ensuring the project has sufficient resources to preserve the project
    for the purpose of providing safe and affordable housing for low-income
    residents and farm laborers including reducing or eliminating interest;
    deferring loan payments, subordinating, reducing or reamortizing loan
    debt; and other financial assistance including advances, payments and
    incentives (including the ability of owners to obtain reasonable returns
    on investment) required by the Secretary: Provided further, That the
    Secretary shall as part of the preservation and revitalization agreement
    obtain a restrictive use agreement consistent with the terms of the
    restructuring: Provided further, That if the Secretary determines that
    additional funds for vouchers described in this paragraph are needed,
    funds for the preservation and revitalization demonstration program may
    be used for such vouchers: Provided further, That the Secretary may use
    any unobligated funds appropriated for the rural housing voucher program
    in a prior fiscal year to support information technology activities of
    the Rural Housing Service to the extent the Secretary determines that
    additional funds are not needed for this fiscal year to provide vouchers
    described in this paragraph: Provided further, That if Congress enacts
    legislation to permanently authorize a section 515 multi-family rental
    housing loan restructuring program similar to the demonstration program
    described herein, the Secretary may use funds made available for the
    demonstration program under this heading to carry out such legislation
    with the prior approval of the Committees on Appropriations of both
    Houses of Congress.

                       mutual and self-help housing grants

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

                         rural housing assistance grants

                          (including transfer of funds)

        For grants and contracts for very low-income housing repair,
    supervisory and technical assistance, compensation for construction
    defects, and rural housing preservation made by the Rural Housing
    Service, as authorized by 42 U.S.C. 1474, 1479(c), 1490e, and 1490m,
    $41,500,000, to remain available until expended: Provided, That of the
    total amount appropriated, $1,200,000 shall be available through June
    30, 2009, for authorized empowerment zones and

    [[Page 123 STAT. 543]]

    enterprise communities and communities designated by the Secretary of
    Agriculture as Rural Economic Area Partnership Zones: Provided further,
    That any balances to carry out a housing demonstration program to
    provide revolving loans for the preservation of low-income multi-family
    housing projects as authorized in Public Law 108-447 and Public Law 109-
    97 shall be transferred to and merged with the ``Rural Housing Service,
    Multi-family Housing Revitalization Program Account''.

                           farm labor program account

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

                   Rural Community Facilities Program Account

                         (including transfers of funds)

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

    [[Page 123 STAT. 544]]

    by section 306 and described in section 381E(d)(1) of such Act be
    transferred and merged with this account and any other prior balances
    from the Rural Development, Rural Community Advancement Program account
    that the Secretary determines is appropriate to transfer.

                       Rural Business--Cooperative Service

                         rural business program account

                         (including transfers of funds)

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

                   rural development loan fund program account

                          (including transfer of funds)

        For the principal amount of direct loans, as authorized by the Rural
    Development Loan Fund (42 U.S.C. 9812(a)), $33,536,000.
        For the cost of direct loans, $14,035,000, as authorized by the
    Rural Development Loan Fund (42 U.S.C. 9812(a)), of which $1,724,000
    shall be available through June 30, 2009, for Federally Recognized
    Native American Tribes and of which $3,449,000 shall be available
    through June 30, 2009, for Mississippi Delta Region

    [[Page 123 STAT. 545]]

    counties (as determined in accordance with Public Law 100-460):
    Provided, That such costs, including the cost of modifying such loans,
    shall be as defined in section 502 of the Congressional Budget Act of
    1974: Provided further, That of the total amount appropriated, $880,000
    shall be available through June 30, 2009, for the cost of direct loans
    for authorized empowerment zones and enterprise communities and
    communities designated by the Secretary of Agriculture as Rural Economic
    Area Partnership Zones.
        In addition, for administrative expenses to carry out the direct
    loan programs, $4,853,000 shall be transferred to and merged with the
    appropriation for ``Rural Development, Salaries and Expenses''.

                Rural Economic Development Loans Program Account

                         (including rescission of funds)

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

                      rural cooperative development grants

        For rural cooperative development grants authorized under section
    310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C.
    1932), $12,636,000, of which $300,000 shall be for a cooperative
    research agreement with a qualified academic institution to conduct
    research on the national economic impact of all types of cooperatives;
    and of which $2,582,000 shall be for cooperative agreements for the
    appropriate technology transfer for rural areas program: Provided, That
    not to exceed $1,463,000 shall be for cooperatives or associations of
    cooperatives whose primary focus is to provide assistance to small,
    socially disadvantaged producers and whose governing board and/or
    membership is comprised of at least 75 percent socially disadvantaged
    members; and of which $3,867,000, to remain available until expended,
    shall be for value-added agricultural product market development grants,
    as authorized by section 231 of the Agricultural Risk Protection Act of
    2000 (7 U.S.C. 1621 note).

            rural empowerment zones and enterprise communities grants

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

    [[Page 123 STAT. 546]]

                        rural energy for america program

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

                             Rural Utilities Service

                 Rural Water and Waste Disposal Program Account

                         (including transfers of funds)

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

    [[Page 123 STAT. 547]]

    prior year balances for high cost energy grants authorized by section 19
    of the Rural Electrification Act of 1936 (7 U.S.C. 901(19)) shall be
    transferred to and merged with the Rural Utilities Service, High Energy
    Costs Grants Account: Provided further, That sections 381E-H and 381N of
    the Consolidated Farm and Rural Development Act are not applicable to
    the funds made available under this heading: Provided further, That any
    prior balances in the Rural Development, Rural Community Advancement
    Program account programs authorized by sections 306, 306A, 306C, 306D,
    and 310B and described in sections 306C(a)(2), 306D, and 381E(d)(2) of
    such Act be transferred to and merged with this account and any other
    prior balances from the Rural Development, Rural Community Advancement
    Program account that the Secretary determines is appropriate to
    transfer.

       rural electrification and telecommunications loans program account

                          (including transfer of funds)

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

             distance learning, telemedicine, and broadband program

                         (including rescission of funds)

        For the principal amount of broadband telecommunication loans,
    $400,487,000.
        For grants for telemedicine and distance learning services in rural
    areas, as authorized by 7 U.S.C. 950aaa et seq., $34,755,000, to remain
    available until expended: Provided, That the Secretary may use funds
    under this heading for grants authorized by 379(g) of the Consolidated
    Farm and Rural Development Act: Provided further, That $4,965,000 shall
    be made available to convert analog to digital operation those
    noncommercial educational television broadcast stations that serve rural
    areas and are qualified for Community Service Grants by the Corporation
    for Public Broadcasting under section 396(k) of the Communications Act
    of 1934, including associated translators and repeaters, regardless of
    the location of their main transmitter, studio-to-transmitter links, and

    [[Page 123 STAT. 548]]

    equipment to allow local control over digital content and programming
    through the use of high-definition broadcast, multi-casting and
    datacasting technologies.
        For the cost of broadband loans, as authorized by section 601 of the
    Rural Electrification Act, $15,619,000, to remain available until
    expended: Provided, That the cost of direct loans shall be as defined in
    section 502 of the Congressional Budget Act of 1974: Provided further,
    That of the unobligated balances available for the cost of the broadband
    loans, $6,404,000 are rescinded.
        In addition, $13,406,000, to remain available until expended, for a
    grant program to finance broadband transmission in rural areas eligible
    for Distance Learning and Telemedicine Program benefits authorized by 7
    U.S.C. 950aaa.

                                    TITLE IV

                             DOMESTIC FOOD PROGRAMS

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

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

                           Food and Nutrition Service

                            child nutrition programs

                         (including transfers of funds)

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

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

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

    [[Page 123 STAT. 549]]

    the purposes specified in section 17(h)(10)(B)(ii) shall only be made
    available upon determination by the Secretary that funds are available
    to meet caseload requirements without the use of the contingency reserve
    funds after the date of enactment of this Act: Provided further, That
    hereafter none of the funds in this Act shall be available to pay
    administrative expenses of WIC clinics except those that have an
    announced policy of prohibiting smoking within the space used to carry
    out the program: Provided further, That none of the funds provided in
    this account shall be available for the purchase of infant formula
    except in accordance with the cost containment and competitive bidding
    requirements specified in section 17 of such Act: Provided further, That
    none of the funds provided shall be available for activities that are
    not fully reimbursed by other Federal Government departments or agencies
    unless authorized by section 17 of such Act.

                    supplemental nutrition assistance program

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

                          commodity assistance program

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

    [[Page 123 STAT. 550]]

                        nutrition programs administration

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

                                     TITLE V

                     FOREIGN ASSISTANCE AND RELATED PROGRAMS

                          Foreign Agricultural Service

                              salaries and expenses

                         (including transfers of funds)

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

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

                         (including transfers of funds)

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

                         public law 480 title ii grants

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

            commodity credit corporation export loans program account

                         (including transfers of funds)

        For administrative expenses to carry out the Commodity Credit
    Corporation's export guarantee program, GSM 102 and GSM 103, $5,333,000;
    to cover common overhead expenses as permitted by section 11 of the
    Commodity Credit Corporation Charter Act and in conformity with the
    Federal Credit Reform Act of 1990, of which

    [[Page 123 STAT. 551]]

    $4,985,000 shall be transferred to and merged with the appropriation for
    ``Foreign Agricultural Service, Salaries and Expenses'', and of which
    $348,000 shall be transferred to and merged with the appropriation for
    ``Farm Service Agency, Salaries and Expenses''.

      mc govern-dole international food for education and child nutrition
                                 program grants

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

                                    TITLE VI

                 RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION

                     DEPARTMENT OF HEALTH AND HUMAN SERVICES

                          Food and Drug Administration

                              salaries and expenses

        For necessary expenses of the Food and Drug Administration,
    including hire and purchase of passenger motor vehicles; for payment of
    space rental and related costs pursuant to Public Law 92-313 for
    programs and activities of the Food and Drug Administration which are
    included in this Act; for rental of special purpose space in the
    District of Columbia or elsewhere; for miscellaneous and emergency
    expenses of enforcement activities, authorized and approved by the
    Secretary and to be accounted for solely on the Secretary's certificate,
    not to exceed $25,000; and notwithstanding section 521 of Public Law
    107-188; $2,622,267,000, of which $7,641,000 shall be for the purposes,
    and in the amounts, specified in the final paragraph under ``Food and
    Drug Administration, Salaries and Expenses'' in the explanatory
    statement described in section 4 (in the matter preceding division A of
    this consolidated Act): Provided, That of the amount provided under this
    heading, $510,665,000 shall be derived from prescription drug user fees
    authorized by 21 U.S.C. 379h shall be credited to this account and
    remain available until expended, and shall not include any fees pursuant
    to 21 U.S.C. 379h(a)(2) and (a)(3) assessed for fiscal year 2010 but
    collected in fiscal year 2009; $52,547,000 shall be derived from medical
    device user fees authorized by 21 U.S.C. 379j, and shall be credited to
    this account and remain available until expended; $15,260,000 shall be
    derived from animal drug user fees authorized by 21 U.S.C. 379j, and
    shall be credited to this account and remain available until expended;
    and $4,831,000 shall be derived from animal generic drug user fees
    authorized by 21 U.S.C. 379f, and shall be credited to this account and
    shall remain available until expended: Provided further, That fees
    derived from prescription drug, medical device, animal drug, and animal
    generic drug assessments for fiscal year 2009 received during fiscal
    year 2009, including any such fees assessed prior to fiscal year 2009
    but credited for fiscal year 2009, shall be subject to the

    [[Page 123 STAT. 552]]

    fiscal year 2009 limitations: Provided further, That none of these funds
    shall be used to develop, establish, or operate any program of user fees
    authorized by 31 U.S.C. 9701: Provided further, That of the total amount
    appropriated: (1) $648,722,000 shall be for the Center for Food Safety
    and Applied Nutrition and related field activities in the Office of
    Regulatory Affairs; (2) $777,437,000 shall be for the Center for Drug
    Evaluation and Research and related field activities in the Office of
    Regulatory Affairs, of which no less than $41,358,000 shall be available
    for the Office of Generic Drugs; (3) $271,490,000 shall be for the
    Center for Biologics Evaluation and Research and for related field
    activities in the Office of Regulatory Affairs; (4) $134,344,000 shall
    be for the Center for Veterinary Medicine and for related field
    activities in the Office of Regulatory Affairs; (5) $310,547,000 shall
    be for the Center for Devices and Radiological Health and for related
    field activities in the Office of Regulatory Affairs; (6) $52,511,000
    shall be for the National Center for Toxicological Research; (7) not to
    exceed $111,758,000 shall be for Rent and Related activities, of which
    $41,281,000 is for White Oak Consolidation, other than the amounts paid
    to the General Services Administration for rent; (8) not to exceed
    $155,425,000 shall be for payments to the General Services
    Administration for rent; and (9) $160,033,000 shall be for other
    activities, including the Office of the Commissioner; the Office of
    Scientific and Medical Programs; the Office of Policy, Planning and
    Preparedness; the Office of International and Special Programs; the
    Office of Operations; and central services for these offices: Provided
    further, That none of the funds made available under this heading shall
    be used to transfer funds under section 770(n) of the Federal Food,
    Drug, and Cosmetic Act (21 U.S.C. 379dd): Provided further, That funds
    may be transferred from one specified activity to another with the prior
    approval of the Committees on Appropriations of both Houses of Congress.
        In addition, mammography user fees authorized by 42 U.S.C. 263b,
    export certification user fees authorized by 21 U.S.C. 381, and priority
    review user fees authorized by 21 U.S.C. 360n may be credited to this
    account, to remain available until expended.

                            buildings and facilities

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

                               INDEPENDENT AGENCY

                           Farm Credit Administration

                      limitation on administrative expenses

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

    [[Page 123 STAT. 553]]

                                    TITLE VII

                               GENERAL PROVISIONS

                  (including rescission and transfers of funds)

        Sec. 701. Within the unit limit of cost fixed by law, appropriations
    and authorizations made for the Department of Agriculture for the
    current fiscal year under this Act shall be available for the purchase,
    in addition to those specifically provided for, of not to exceed 327
    passenger motor vehicles, of which 315 shall be for replacement only,
    and for the hire of such vehicles.
        Sec. 702. <<NOTE: 7 USC 2209b note.>>  New obligational authority
    provided for the following appropriation items in this Act shall remain
    available until expended: Food Safety and Inspection Service, Public
    Health Data Communication Infrastructure System; Farm Service Agency,
    salaries and expenses funds made available to county committees; Foreign
    Agricultural Service, middle-income country training program, and up to
    $2,000,000 of the Foreign Agricultural Service appropriation solely for
    the purpose of offsetting fluctuations in international currency
    exchange rates, subject to documentation by the Foreign Agricultural
    Service.

        Sec. 703. The Secretary of Agriculture may transfer unobligated
    balances of discretionary funds appropriated by this Act or other
    available unobligated discretionary balances of the Department of
    Agriculture to the Working Capital Fund for the acquisition of plant and
    capital equipment necessary for the financial management modernization
    initiative and the delivery of financial, administrative, and
    information technology services of primary benefit to the agencies of
    the Department of Agriculture: Provided, That none of the funds made
    available by this Act or any other Act shall be transferred to the
    Working Capital Fund without the prior approval of the agency
    administrator: Provided further, That none of the funds transferred to
    the Working Capital Fund pursuant to this section shall be available for
    obligation without the prior approval of the Committees on
    Appropriations of both Houses of Congress: Provided further, That none
    of the funds appropriated by this Act or made available to the
    Department's Working Capital Fund shall be available for obligation or
    expenditure to make any changes to the Department's National Finance
    Center without prior approval of the Committees on Appropriations of
    both Houses of Congress as required by section 712 of this Act.
        Sec. 704. No part of any appropriation contained in this Act shall
    remain available for obligation beyond the current fiscal year unless
    expressly so provided herein.
        Sec. 705. No funds appropriated by this Act may be used to pay
    negotiated indirect cost rates on cooperative agreements or similar
    arrangements between the United States Department of Agriculture and
    nonprofit institutions in excess of 10 percent of the total direct cost
    of the agreement when the purpose of such cooperative arrangements is to
    carry out programs of mutual interest between the two parties. This does
    not preclude appropriate payment of indirect costs on grants and
    contracts with such institutions when such indirect costs are computed
    on a similar basis for all agencies for which appropriations are
    provided in this Act.
        Sec. 706. Appropriations to the Department of Agriculture for the
    cost of direct and guaranteed loans made available in the current fiscal
    year shall remain available until expended to disburse

    [[Page 123 STAT. 554]]

    obligations made in the current fiscal year for the following accounts:
    the Rural Development Loan Fund program account, the Rural
    Electrification and Telecommunication Loans program account, and the
    Rural Housing Insurance Fund program account.
        Sec. 707. Of the funds made available by this Act, not more than
    $1,800,000 shall be used to cover necessary expenses of activities
    related to all advisory committees, panels, commissions, and task forces
    of the Department of Agriculture, except for panels used to comply with
    negotiated rule makings and panels used to evaluate competitively
    awarded grants.
        Sec. 708. None of the funds appropriated by this Act may be used to
    carry out section 410 of the Federal Meat Inspection Act (21 U.S.C.
    679a) or section 30 of the Poultry Products Inspection Act (21 U.S.C.
    471).
        Sec. 709. No employee of the Department of Agriculture may be
    detailed or assigned from an agency or office funded by this Act to any
    other agency or office of the Department for more than 30 days unless
    the individual's employing agency or office is fully reimbursed by the
    receiving agency or office for the salary and expenses of the employee
    for the period of assignment.
        Sec. 710. None of the funds appropriated or otherwise made available
    to the Department of Agriculture or the Food and Drug Administration
    shall be used to transmit or otherwise make available to any non-
    Department of Agriculture or non-Department of Health and Human Services
    employee questions or responses to questions that are a result of
    information requested for the appropriations hearing process.
        Sec. 711. None of the funds made available to the Department of
    Agriculture by this Act may be used to acquire new information
    technology systems or significant upgrades, as determined by the Office
    of the Chief Information Officer, without the approval of the Chief
    Information Officer and the concurrence of the Executive Information
    Technology Investment Review Board: Provided, That notwithstanding any
    other provision of law, none of the funds appropriated or otherwise made
    available by this Act may be transferred to the Office of the Chief
    Information Officer without the prior approval of the Committees on
    Appropriations of both Houses of Congress: Provided further, That none
    of the funds available to the Department of Agriculture for information
    technology shall be obligated for projects over $25,000 prior to receipt
    of written approval by the Chief Information Officer.
        Sec. 712. <<NOTE: Notifications. Deadlines.>>  (a) None of the funds
    provided by this Act, or provided by previous Appropriations Acts to the
    agencies funded by this Act that remain available for obligation or
    expenditure in the current fiscal year, or provided from any accounts in
    the Treasury of the United States derived by the collection of fees
    available to the agencies funded by this Act, shall be available for
    obligation or expenditure through a reprogramming of funds which--
                (1) creates new programs;
                (2) eliminates a program, project, or activity;
                (3) increases funds or personnel by any means for any
            project or activity for which funds have been denied or
            restricted;
                (4) relocates an office or employees;
                (5) reorganizes offices, programs, or activities; or

    [[Page 123 STAT. 555]]

                (6) contracts out or privatizes any functions or activities
            presently performed by Federal employees; unless the Committees
            on Appropriations of both Houses of Congress are notified 15
            days in advance of such reprogramming of funds.

        (b) None of the funds provided by this Act, or provided by previous
    Appropriations Acts to the agencies funded by this Act that remain
    available for obligation or expenditure in the current fiscal year, or
    provided from any accounts in the Treasury of the United States derived
    by the collection of fees available to the agencies funded by this Act,
    shall be available for obligation or expenditure for activities,
    programs, or projects through a reprogramming of funds in excess of
    $500,000 or 10 percent, which-ever is less, that: (1) augments existing
    programs, projects, or activities; (2) reduces by 10 percent funding for
    any existing program, project, or activity, or numbers of personnel by
    10 percent as approved by Congress; or (3) results from any general
    savings from a reduction in personnel which would result in a change in
    existing programs, activities, or projects as approved by Congress;
    unless the Committees on Appropriations of both Houses of Congress are
    notified 15 days in advance of such reprogramming of funds.
        (c) The Secretary of Agriculture or the Secretary of Health and
    Human Services shall notify the Committees on Appropriations of both
    Houses of Congress before implementing a program or activity not carried
    out during the previous fiscal year unless the program or activity is
    funded by this Act or specifically funded by any other Act.
        Sec. 713. None of the funds appropriated by this or any other Act
    shall be used to pay the salaries and expenses of personnel who prepare
    or submit appropriations language as part of the President's Budget
    submission to the Congress of the United States for programs under the
    jurisdiction of the Appropriations Subcommittees on Agriculture, Rural
    Development, Food and Drug Administration, and Related Agencies that
    assumes revenues or reflects a reduction from the previous year due to
    user fees proposals that have not been enacted into law prior to the
    submission of the Budget unless such Budget submission identifies which
    additional spending reductions should occur in the event the user fees
    proposals are not enacted prior to the date of the convening of a
    committee of conference for the fiscal year 2010 appropriations Act.
        Sec. 714. None of the funds made available by this or any other Act
    may be used to close or relocate a Rural Development office unless or
    until the Secretary of Agriculture determines the cost effectiveness
    and/or enhancement of program delivery: Provided,
    That <<NOTE: Deadline. Notification. Reports.>>  not later than 120 days
    before the date of the proposed closure or relocation, the Secretary
    notifies the Committees on Appropriation of the House and Senate, and
    the members of Congress from the State in which the office is located of
    the proposed closure or relocation and provides a report that describes
    the justifications for such closures and relocations.

        Sec. 715. None of the funds made available to the Food and Drug
    Administration by this Act shall be used to close or relocate, or to
    plan to close or relocate, the Food and Drug Administration Division of
    Pharmaceutical Analysis in St. Louis, Missouri, outside the city or
    county limits of St. Louis, Missouri.

    [[Page 123 STAT. 556]]

        Sec. 716. There is hereby appropriated $434,000, to remain available
    until expended, for the Denali Commission to address deficiencies in
    solid waste disposal sites which threaten to contaminate rural drinking
    water supplies.
        Sec. 717. None of the funds appropriated or otherwise made available
    by this or any other Act shall be used to pay the salaries and expenses
    of personnel to carry out an environmental quality incentives program
    authorized by chapter 4 of subtitle D of title XII of the Food Security
    Act of 1985 (16 U.S.C. 3839aa, et seq.) in excess of $1,067,000,000.
        Sec. 718. None of the funds made available in fiscal year 2009 or
    preceding fiscal years for programs authorized under the Food for Peace
    Act (7 U.S.C. 1691 et seq.) in excess of $20,000,000 shall be used to
    reimburse the Commodity Credit Corporation for the release of eligible
    commodities under section 302(f)(2)(A) of the Bill Emerson Humanitarian
    Trust Act (7 U.S.C. 1736f-1): Provided, That any such funds made
    available to reimburse the Commodity Credit Corporation shall only be
    used pursuant to section 302(b)(2)(B)(i) of the Bill Emerson
    Humanitarian Trust Act.
         Sec. 719. No funds shall be used to pay salaries and expenses of
    the Department of Agriculture to carry out or administer the program
    authorized by section 14(h)(1) of the Watershed Protection and Flood
    Prevention Act (16 U.S.C. 1012(h)(1)).
        Sec. 720. Funds made available under section 1240I and section
    1241(a) of the Food Security Act of 1985 and section 524(b) of the
    Federal Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal year
    shall remain available until expended to disburse obligations made in
    the current fiscal year.
        Sec. 721. <<NOTE: News stories.>>  Unless otherwise authorized by
    existing law, none of the funds provided in this Act, may be used by an
    executive branch agency to produce any prepackaged news story intended
    for broadcast or distribution in the United States unless the story
    includes a clear notification within the text or audio of the
    prepackaged news story that the prepackaged news story was prepared or
    funded by that executive branch agency.

        Sec. 722. Notwithstanding any other provision of law, any former RUS
    borrower that has repaid or prepaid an insured, direct or guaranteed
    loan under the Rural Electrification Act, or any not-for-profit utility
    that is eligible to receive an insured or direct loan under such Act,
    shall be eligible for assistance under section 313(b)(2)(B) of such Act
    in the same manner as a borrower under such Act.
        Sec. 723. None of the funds appropriated or otherwise made available
    by this or any other Act shall be used to pay the salaries and expenses
    of personnel to carry out a program under subsection (b)(2)(A)(i) of
    section 14222 of Public Law 110-246 in excess of $1,071,530,000:
    Provided, That none of the funds made available in this Act or any other
    Act shall be used for salaries and expenses to carry out section
    19(i)(1)(B) of the Richard B. Russell National School Lunch Act as
    amended by section 4304 of Public Law 110-246 in excess of $16,000,000
    until October 1, 2009: Provided further, of the unobligated balances
    under section 32 of the Act of August 24, 1935, $293,530,000 are hereby
    rescinded.
        Sec. 724. <<NOTE: Waiver authority.>>  Notwithstanding any other
    provision of law, the Secretary of Agriculture is authorized to make
    funding and other assistance available through the emergency watershed
    protection program under section 403 of the Agricultural Credit Act of
    1978

    [[Page 123 STAT. 557]]

    (16 U.S.C. 2203) to repair and prevent damage to non-Federal land in
    watersheds that have been impaired by fires initiated by the Federal
    Government and shall waive cost sharing requirements for the funding and
    assistance.

        Sec. 725. There is hereby appropriated $3,497,000, to remain
    available until expended, for a grant to the National Center for Natural
    Products Research for construction or renovation to carry out the
    research objectives of the natural products research grant issued by the
    Food and Drug Administration.
        Sec. 726. There is hereby appropriated $469,000, to remain available
    until expended, for the planning and design of construction of an
    agriculture pest facility in the State of Hawaii.
        Sec. 727. None of the funds made available in this Act may be used
    to establish or implement a rule allowing poultry products to be
    imported into the United States from the People's Republic of China.
        Sec. 728. There is hereby appropriated $794,000 to the Farm Service
    Agency to carry out a pilot program to demonstrate the use of new
    technologies that increase the rate of growth of re-forested hardwood
    trees on private non-industrial forests lands, enrolling lands on the
    coast of the Gulf of Mexico that were damaged by Hurricane Katrina in
    2005.
        Sec. 729. None of the funds made available to the Department of
    Agriculture in this Act may be used to implement the risk-based
    inspection program in the 30 prototype locations announced on February
    22, 2007, by the Under Secretary for Food Safety, or at any other
    locations, until the USDA Office of Inspector General has provided its
    findings to the Food Safety and Inspection Service and the Committees on
    Appropriations of the House of Representatives and the Senate on the
    data used in support of the development and design of the risk-based
    inspection program and FSIS has addressed and resolved issues identified
    by OIG.
        Sec. 730. <<NOTE: State listing.>>  Notwithstanding any other
    provision of law, and until receipt of the decennial Census in the year
    2010, the Secretary of Agriculture shall consider--
                (1) the City of Palmview, Texas; the City of Pharr, Texas;
            the City of Hidalgo, Texas; the City of Alton, Texas; the City
            of La Joya, Texas; the City of Penitas, Texas; the City of
            Schertz, Texas; the City of Converse, Texas; the City of Cibolo,
            Texas; and the Township of Bern, Pennsylvania (including
            individuals and entities with projects within the cities),
            eligible for loans and grants funded through the Rural Business
            Program account;
                (2) the County of Nueces, Texas (including individuals and
            entities with projects within the county), eligible under the
            Business and Industry Loan Guarantee Program for the purposes of
            financing a beef processing facility;
                (3) the City of Asheboro, North Carolina (including
            individuals and entities with projects within the city),
            eligible for loans and grants funded through the Rural Community
            Facilities Program account;
                (4) the City of Healdsburg, California; the City of
            Imperial, California; the City of Havelock, North Carolina; and
            the City of Newton, North Carolina (including individuals and
            entities with projects within the cities), eligible for loans
            and grants funded through the Rural Water and Waste Disposal
            Program account; and

    [[Page 123 STAT. 558]]

                (5) the City of Aptos, California (including individuals and
            entities with projects within the city), eligible for loans and
            grants funded under the housing programs of the Rural Housing
            Service.

        Sec. 731. There is hereby appropriated $2,347,000 for section 4404
    of Public Law 107-171.
        Sec. 732. Notwithstanding any other provision of law, there is
    hereby appropriated:
                (1) $1,877,000 of which $1,408,000 shall be for a grant to
            the Wisconsin Department of Agriculture, Trade, and Consumer
            Protection, and $469,000 shall be for a grant to the Vermont
            Agency of Agriculture, Foods, and Markets, as authorized by
            section 6402 of the Farm Security and Rural Investment Act of
            2002 (7 U.S.C. 1621 note);
                (2) $338,000 for a grant to the Wisconsin Department of
            Agriculture, Trade and Consumer Protection; and
                (3) $94,000 for a grant to the Graham Avenue Business
            Improvement District in the State of New York.

        Sec. 733. Section 382K(c) of the Consolidated Farm and Rural
    Development Act <<NOTE: 7 USC 2009aa-10. State listing.>>  (7 U.S.C.
    2009aa-10(c)) is repealed.

        Sec. 734. Notwithstanding any other provision of law, the Natural
    Resources Conservation Service shall provide financial and technical
    assistance--
                (1) through the Watershed and Flood Prevention Operations
            program for the Pocasset River Floodplain Management Project in
            the State of Rhode Island;
                (2) through the Watershed and Flood Prevention Operations
            program to carry out the East Locust Creek Watershed Plan
            Revision in Missouri, including up to 100 percent of the
            engineering assistance and 75 percent cost share for
            construction cost of site RW1;
                (3) through the Watershed and Flood Prevention Operations
            program to carry out the Little Otter Creek Watershed project in
            Missouri. The sponsoring local organization may obtain land
            rights by perpetual easements;
                (4) through the Watershed and Flood Prevention Operations
            program to carry out the Churchill Woods Dam Removal project in
            DuPage County, Illinois;
                (5) through the Watershed and Flood Prevention Operations
            program to carry out the Dunloup Creek Watershed Project in
            Fayette and Raleigh Counties, West Virginia;
                (6) through the Watershed and Flood Prevention Operations
            program to carry out the Alameda Creek Watershed Project in
            Alameda County, California;
                (7) through the Watershed and Flood Prevention Operations
            program to carry out the Colgan Creek Restoration project in
            Sonoma County, California;
                (8) through the Watershed and Flood Prevention Operations
            program to carry out the Hurricane Katrina-Related Watershed
            Restoration project in Jackson County, Mississippi;
                (9) through the Watershed and Flood Prevention Operations
            program to carry out the Lake George Watershed Protection
            project in Warren County, New York; and
                (10) through the Watershed and Flood Prevention Operations
            program to carry out the Pidcock-Mill Creeks Watershed project
            in Bucks County, Pennsylvania.

    [[Page 123 STAT. 559]]

        Sec. 735. Section 17(r)(5) of the Richard B. Russell National School
    Lunch Act (42 U.S.C. 1766(r)(5)) is amended--
                (1) by striking ``eight'' and inserting ``ten'';
                (2) by striking ``six'' and inserting ``eight''; and
                (3) by inserting ``Vermont, Maryland,'' after the first
            instance of ``States shall be''.

        Sec. 736. Notwithstanding any other provision of law, for the
    purposes of a grant under section 412 of the Agricultural Research,
    Extension, and Education Reform Act of 1998, none of the funds in this
    or any other Act may be used to prohibit the provision of in-kind
    support from non-Federal sources under section 412(e)(3) in the form of
    unrecovered indirect costs not otherwise charged against the grant,
    consistent with the indirect rate of cost approved for a recipient.
        Sec. 737. <<NOTE: Meats and meat products. Argentina.>>  None of the
    funds made available by this Act may be used to pay the salaries and
    expenses of any individual to conduct any activities that would allow
    the importation into the United States of any ruminant or swine, or any
    fresh (including chilled or frozen) meat or product of any ruminant or
    swine, that is born, raised, or slaughtered in
    Argentina: <<NOTE: Reports.>>  Provided, That this section shall not
    prevent the Secretary from conducting all necessary activities to review
    this proposal and issue a report on the findings to the Committees on
    Appropriations of the House and Senate: <<NOTE: Time period. Reports.>>
    Provided further, That this section shall only have effect until the
    Secretary of Agriculture has reviewed the domestic animal health aspects
    of the pending proposal to allow the importation of such products into
    the United States and has issued a report to the Committees on the
    findings of such review.

        Sec. 738. Except as otherwise specifically provided by law,
    unobligated balances remaining available at the end of the fiscal year
    from appropriations made available for salaries and expenses in this Act
    for the Farm Service Agency and the Rural Development mission area,
    shall remain available through September 30, 2010, for information
    technology expenses.
        Sec. 739. None of the funds made available in this Act may be used
    to pay the salaries or expenses of personnel to--
                (1) inspect horses under section 3 of the Federal Meat
            Inspection Act (21 U.S.C. 603);
                (2) inspect horses under section 903 of the Federal
            Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901
            note; Public Law 104-127); or
                (3) implement or enforce section 352.19 of title 9, Code of
            Federal Regulations.

        This division may be cited as the ``Agriculture, Rural Development,
    Food and Drug Administration, and Related Agencies Appropriations Act,
    2009''.

    [[Page 123 STAT. 560]]

     DIVISION B--COMMERCE, <<NOTE: Commerce, Justice, Science, and Related
    Agencies Appropriations Act, 2009. Department of Commerce Appropriations
    Act, 2009.>>  JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT,
    2009

                                     TITLE I

                             DEPARTMENT OF COMMERCE

                       International Trade Administration

                          operations and administration

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

    [[Page 123 STAT. 561]]

    in the Trade Act of 2002, Public Law 107-210: Provided further, That
    within the amounts appropriated, $4,400,000 shall be used for the
    projects, and in the amounts, specified in the explanatory statement
    described in section 4 (in the matter preceding division A of this
    consolidated Act).

                         Bureau of Industry and Security

                          operations and administration

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

                       Economic Development Administration

                    economic development assistance programs

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

                              salaries and expenses

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

    [[Page 123 STAT. 562]]

                      Minority Business Development Agency

                          minority business development

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

                        Economic and Statistical Analysis

                              salaries and expenses

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

                              Bureau of the Census

                              salaries and expenses

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

                         periodic censuses and programs

        For necessary expenses to collect and publish statistics for
    periodic censuses and programs provided for by law, $2,906,262,000, to
    remain available until September 30, 2010: <<NOTE: 13 USC 5 note.>>
    Provided, That none of the funds provided in this or any other Act for
    any fiscal year may be used for the collection of census data on race
    identification that does not include ``some other race'' as a category:
    Provided further, That from amounts provided herein, funds may be used
    for additional promotion, outreach, and marketing activities: Provided
    further, That none of the funds made available in this Act shall be used
    for the conduct of sweepstakes in the 2010 Decennial Census.

           National Telecommunications and Information Administration

                              salaries and expenses

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

    [[Page 123 STAT. 563]]

    related activities by the Institute for Telecommunication Sciences of
    NTIA, in furtherance of its assigned functions under this paragraph, and
    such funds received from other Government agencies shall remain
    available until expended.

         public telecommunications facilities, planning and construction

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

                    United States Patent and Trademark Office

                              salaries and expenses

        For necessary expenses of the United States Patent and Trademark
    Office (USPTO) provided for by law, including defense of suits
    instituted against the Under Secretary of Commerce for Intellectual
    Property and Director of the United States Patent and Trademark Office,
    $2,010,100,000, to remain available until expended: Provided, That the
    sum herein appropriated from the general fund shall be reduced as
    offsetting collections assessed and collected pursuant to 15 U.S.C. 1113
    and 35 U.S.C. 41 and 376 are received during fiscal year 2009, so as to
    result in a fiscal year 2009 appropriation from the general fund
    estimated at $0: Provided further, That during fiscal year 2009, should
    the total amount of offsetting fee collections be less than
    $2,010,100,000, this amount shall be reduced accordingly: Provided
    further, That $750,000 may be transferred to ``Departmental Management,
    Salaries and Expenses'' for activities associated with the National
    Intellectual Property Law Enforcement Coordination Council: Provided
    further, That from amounts provided herein, not to exceed $1,000 shall
    be made available in fiscal year 2009 for official reception and
    representation expenses: Provided further, That of the amounts provided
    to the USPTO within this account, $5,000,000 shall not become available
    for obligation until the Director of the USPTO has completed a
    comprehensive review of the assumptions behind the patent examiner
    expectancy goals and adopted a revised set of expectancy goals for
    patent examination: Provided further, That in fiscal year 2009 from the
    amounts made available for ``Salaries and Expenses'' for the USPTO, the
    amounts necessary to pay: (1) the difference between the percentage of
    basic pay contributed by the USPTO and employees under section 8334(a)
    of title 5, United States Code, and the normal cost percentage (as
    defined by section 8331(17) of that title) of basic pay, of employees
    subject to subchapter III of chapter 83 of that title; and (2) the
    present value of the otherwise unfunded accruing costs, as determined by
    the Office of Personnel Management, of post-retirement life insurance
    and post-retirement health benefits coverage for all USPTO employees,
    shall be transferred to the Civil

    [[Page 123 STAT. 564]]

    Service Retirement and Disability Fund, the Employees Life Insurance
    Fund, and the Employees Health Benefits Fund, as appropriate, and shall
    be available for the authorized purposes of those accounts: Provided
    further, That sections 801, 802, and 803 of division B, Public Law 108-
    447 shall remain in effect during fiscal year 2009: Provided further,
    That the Director may, this year, reduce by regulation fees payable for
    documents in patent and trademark matters, in connection with the filing
    of documents filed electronically in a form prescribed by the Director:
    Provided further, That $2,000,000 shall be transferred to Office of
    Inspector General for activities associated with carrying out
    investigations and audits related to the USPTO: Provided further, That
    from the amounts provided herein, no less than $4,000,000 shall be
    available only for the USPTO contribution in a cooperative or joint
    agreement or agreements with a non-profit organization or organizations,
    successfully audited within the previous year, and with previous
    experience in such programs, to conduct policy studies, including
    studies relating to activities of United Nations Specialized agencies
    and other international organizations, as well as conferences and other
    development programs, in support of fair international protection of
    intellectual property rights.

                 National Institute of Standards and Technology

                 scientific and technical research and services

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

                         industrial technology services

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

                       construction of research facilities

        For construction of new research facilities, including architectural
    and engineering design, and for renovation and maintenance of existing
    facilities, not otherwise provided for the National Institute of
    Standards and Technology, as authorized by 15 U.S.C. 278c-278e,
    $172,000,000, to remain available until expended, of which $30,000,000
    is for a competitive construction grant program for research science
    buildings: Provided, That within the amounts appropriated, $44,000,000
    shall be used for the projects, and in the amounts, specified in the
    explanatory statement described in section 4 (in the matter preceding
    division A of this consolidated Act): <<NOTE: Budget estimate. 15 USC
    15136 note.>>  Provided further, That the Secretary of Commerce shall
    include

    [[Page 123 STAT. 565]]

    in the budget justification materials that the Secretary submits to
    Congress in support of the Department of Commerce budget (as submitted
    with the budget of the President under section 1105(a) of title 31,
    United States Code) an estimate for each National Institute of Standards
    and Technology construction project having a total multi-year program
    cost of more than $5,000,000 and simultaneously the budget justification
    materials shall include an estimate of the budgetary requirements for
    each such project for each of the five subsequent fiscal years.

                 National Oceanic and Atmospheric Administration

                      operations, research, and facilities

                         (including transfers of funds)

        For necessary expenses of activities authorized by law for the
    National Oceanic and Atmospheric Administration, including maintenance,
    operation, and hire of aircraft and vessels; grants, contracts, or other
    payments to nonprofit organizations for the purposes of conducting
    activities pursuant to cooperative agreements; and relocation of
    facilities, $3,045,549,000, to remain available until September 30,
    2010, except for funds provided for cooperative enforcement, which shall
    remain available until September 30, 2011: Provided, That fees and
    donations received by the National Ocean Service for the management of
    national marine sanctuaries may be retained and used for the salaries
    and expenses associated with those activities, notwithstanding 31 U.S.C.
    3302: Provided further, That in addition, $3,000,000 shall be derived by
    transfer from the fund entitled ``Coastal Zone Management'' and in
    addition $79,000,000 shall be derived by transfer from the fund entitled
    ``Promote and Develop Fishery Products and Research Pertaining to
    American Fisheries'': Provided further, That of the $3,133,549,000
    provided for in direct obligations under this heading $3,045,549,000 is
    appropriated from the general fund, $82,000,000 is provided by transfer,
    and $6,000,000 is derived from recoveries of prior year obligations:
    Provided further, That the total amount available for the National
    Oceanic and Atmospheric Administration corporate services administrative
    support costs shall not exceed $226,809,000: Provided further, That
    payments of funds made available under this heading to the Department of
    Commerce Working Capital Fund including Department of Commerce General
    Counsel legal services shall not exceed $36,583,000: Provided further,
    That within the amounts appropriated, $129,970,000 shall be used for the
    projects, and in the amounts, specified in the explanatory statement
    described in section 4 (in the matter preceding division A of this
    consolidated Act): Provided further, That any deviation from the amounts
    designated for specific activities in the report accompanying this Act,
    or any use of deobligated balances of funds provided under this heading
    in previous years, shall be subject to the procedures set forth in
    section 505 of this Act: <<NOTE: Grants.>>  Provided further, That in
    allocating grants under sections 306 and 306A of the Coastal Zone
    Management Act of 1972, as amended, no coastal State shall receive more
    than 5 percent or less than 1 percent of increased funds appropriated
    over the previous fiscal year: <<NOTE: Authorized positions.>>  Provided
    further, That the number of authorized officers in the NOAA Commissioned
    Officer Corps shall remain at 321 until such time as section 6 of Public
    Law 110-386 takes effect.

    [[Page 123 STAT. 566]]

        In addition, for necessary retired pay expenses under the Retired
    Serviceman's Family Protection and Survivor Benefits Plan, and for
    payments for the medical care of retired personnel and their dependents
    under the Dependents Medical Care Act (10 U.S.C. 55), such sums as may
    be necessary.

                    procurement, acquisition and construction

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

                         pacific coastal salmon recovery

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

    [[Page 123 STAT. 567]]

                          coastal zone management fund

                          (including transfer of funds)

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

                        fisheries finance program account

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

                             Departmental Management

                              salaries and expenses

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

             herbert c. hoover building renovation and modernization

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

                           office of inspector general

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

                   General Provisions--Department of Commerce

                          (including transfer of funds)

        Sec. 101.  During the current fiscal year, applicable appropriations
    and funds made available to the Department of Commerce by this Act shall
    be available for the activities specified in the Act of October 26, 1949
    (15 U.S.C. 1514), to the extent and in the manner prescribed by the Act,
    and, notwithstanding 31 U.S.C.

    [[Page 123 STAT. 568]]

    3324, may be used for advanced payments not otherwise authorized only
    upon the certification of officials designated by the Secretary of
    Commerce that such payments are in the public interest.
        Sec. 102.  During the current fiscal year, appropriations made
    available to the Department of Commerce by this Act for salaries and
    expenses shall be available for hire of passenger motor vehicles as
    authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5
    U.S.C. 3109; and uniforms or allowances therefor, as authorized by law
    (5 U.S.C. 5901-5902).
        Sec. 103.  Not to exceed 5 percent of any appropriation made
    available for the current fiscal year for the Department of Commerce in
    this Act may be transferred between such appropriations, but no such
    appropriation shall be increased by more than 10 percent by any such
    transfers: Provided, That any transfer pursuant to this section shall be
    treated as a reprogramming of funds under section 505 of this Act and
    shall not be available for obligation or expenditure except in
    compliance with the procedures set forth in that section: Provided
    further, That <<NOTE: Notification. Deadline.>>  the Secretary of
    Commerce shall notify the Committees on Appropriations at least 15 days
    in advance of the acquisition or disposal of any capital asset
    (including land, structures, and equipment) not specifically provided
    for in this Act or any other law appropriating funds for the Department
    of Commerce: Provided further, That for the National Oceanic and
    Atmospheric Administration this section shall provide for transfers
    among appropriations made only to the National Oceanic and Atmospheric
    Administration and such appropriations may not be transferred and
    reprogrammed to other Department of Commerce bureaus and appropriation
    accounts.

        Sec. 104.  Any costs incurred by a department or agency funded under
    this title resulting from personnel actions taken in response to funding
    reductions included in this title or from actions taken for the care and
    protection of loan collateral or grant property shall be absorbed within
    the total budgetary resources available to such department or agency:
    Provided, That the authority to transfer funds between appropriations
    accounts as may be necessary to carry out this section is provided in
    addition to authorities included elsewhere in this Act: Provided
    further, That use of funds to carry out this section shall be treated as
    a reprogramming of funds under section 505 of this Act and shall not be
    available for obligation or expenditure except in compliance with the
    procedures set forth in that section.
        Sec. 105. Hereafter, notwithstanding any other provision of law, no
    funds appropriated under this Act or any other Act shall be used to
    register, issue, transfer, or enforce any trademark of the phrase ``Last
    Best Place''.
        Sec. 106. <<NOTE: Regulations. Diving. 33 USC 878b.>>  Hereafter,
    the Secretary of Commerce is permitted to prescribe and enforce
    standards or regulations affecting safety and health in the context of
    scientific and occupational diving within the National Oceanic and
    Atmospheric Administration.

        Sec. 107. <<NOTE: Incorporation by reference. 33 USC 878a note.>>
    The requirements set forth by section 112 of division B of Public Law
    110-161 are hereby adopted by reference.

        Sec. 108.  Notwithstanding any other law, the Secretary may furnish
    services (including but not limited to utilities, telecommunications,
    and security services) necessary to support the operation, maintenance,
    and improvement of space that persons, firms or organizations are
    authorized pursuant to the Public Buildings Cooperative Use Act of 1976
    or other authority to use or occupy

    [[Page 123 STAT. 569]]

    in the Herbert C. Hoover Building, Washington, D.C., or other buildings,
    the maintenance, operation, and protection of which has been delegated
    to the Secretary from the Administrator of General Services pursuant to
    the Federal Property and Administrative Services Act of 1949, as
    amended, on a reimbursable or non-reimbursable basis. Amounts received
    as reimbursement for services provided under this section or the
    authority under which the use or occupancy of the space is authorized,
    up to $200,000, shall be credited to the appropriation or fund which
    initially bears the costs of such services.
        Sec. 109. The amounts made available under section 213 of Public Law
    108-199 for a New England lobster fishing capacity reduction program
    shall be available for transfer by the National Oceanic and Atmospheric
    Administration from the Fisheries Finance Program Account to the
    Operations, Research, and Facilities appropriation, to remain available
    until expended, for the Southern New England Cooperative Research
    Initiative for cooperative research, marine debris removal, and gear
    modification for conservation in Rhode Island.
        Sec. 110. Section (d)(2)(A) of title 16 U.S.C. 3645 is amended by
    inserting ``Nevada,'' after ``Idaho,''.
        Sec. 111. <<NOTE: President.>>  With the consent of the President,
    the Secretary of Commerce shall represent the United States Government
    in negotiating and monitoring international agreements regarding
    fisheries, marine mammals, or sea turtles: Provided, That the Secretary
    of Commerce shall be responsible for the development and
    interdepartmental coordination of the policies of the United States with
    respect to the international negotiations and agreements referred to in
    this section.

         This title may be cited as the ``Department of Commerce
    Appropriations Act, 2009''.

    TITLE II <<NOTE: Department of Justice Appropriations Act, 2009.>>

                              DEPARTMENT OF JUSTICE

                             General Administration

                              salaries and expenses

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

    [[Page 123 STAT. 570]]

                     justice information sharing technology

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

                tactical law enforcement wireless communications

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

                        Administrative Review and Appeals

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

                                detention trustee

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

                           Office of Inspector General

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

                         United States Parole Commission

                              salaries and expenses

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

                                Legal Activities

                 salaries and expenses, general legal activities

                          (including transfer of funds)

        For expenses necessary for the legal activities of the Department of
    Justice, not otherwise provided for, including not to exceed $20,000 for
    expenses of collecting evidence, to be expended under the direction of,
    and to be accounted for solely under the certificate

    [[Page 123 STAT. 571]]

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

                    salaries and expenses, antitrust division

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

                 salaries and expenses, united states attorneys

        For necessary expenses of the Offices of the United States
    Attorneys, including inter-governmental and cooperative agreements,
    $1,836,336,000: Provided, That of the total amount appropriated, not to
    exceed $8,000 shall be available for official reception and
    representation expenses: Provided further, That not to exceed

    [[Page 123 STAT. 572]]

    $25,000,000 shall remain available until expended: Provided further,
    That of the amount provided under this heading, not less than
    $33,600,000 shall be used for salaries and expenses for assistant U.S.
    Attorneys to carry out section 704 of the Adam Walsh Child Protection
    and Safety Act of 2006 (Public Law 109-248) concerning the prosecution
    of offenses relating to the sexual exploitation of children.

                        united states trustee system fund

        For necessary expenses of the United States Trustee Program, as
    authorized, $217,416,000, to remain available until expended and to be
    derived from the United States Trustee System Fund: Provided, That
    notwithstanding any other provision of law, deposits to the Fund shall
    be available in such amounts as may be necessary to pay refunds due
    depositors: Provided further, That, notwithstanding any other provision
    of law, $160,000,000 of offsetting collections pursuant to 28 U.S.C.
    589a(b) shall be retained and used for necessary expenses in this
    appropriation and shall remain available until expended: Provided
    further, That the sum herein appropriated from the Fund shall be reduced
    as such offsetting collections are received during fiscal year 2009, so
    as to result in a final fiscal year 2009 appropriation from the Fund
    estimated at $52,416,000.

           salaries and expenses, foreign claims settlement commission

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

                         fees and expenses of witnesses

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

               salaries and expenses, community relations service

        For necessary expenses of the Community Relations Service,
    $9,873,000: Provided, That notwithstanding section 205 of this Act, upon
    a determination by the Attorney General that emergent circumstances
    require additional funding for conflict resolution and violence
    prevention activities of the Community Relations Service, the Attorney
    General may transfer such amounts to the Community Relations Service,
    from available appropriations for the current fiscal year for the
    Department of Justice, as may be necessary to respond to such
    circumstances: Provided further, That any transfer pursuant to the
    preceding proviso shall be treated as

    [[Page 123 STAT. 573]]

    a reprogramming under section 505 of this Act and shall not be available
    for obligation or expenditure except in compliance with the procedures
    set forth in that section.

                             assets forfeiture fund

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

                         United States Marshals Service

                              salaries and expenses

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

                                  construction

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

                           National Security Division

                              salaries and expenses

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

                           Interagency Law Enforcement

                     interagency crime and drug enforcement

        For necessary expenses for the identification, investigation, and
    prosecution of individuals associated with the most significant drug
    trafficking and affiliated money laundering organizations not otherwise
    provided for, to include inter-governmental agreements with State and
    local law enforcement agencies engaged in the investigation and
    prosecution of individuals involved in organized crime drug trafficking,
    $515,000,000, of which $50,000,000 shall remain

    [[Page 123 STAT. 574]]

    available until expended: Provided, That any amounts obligated from
    appropriations under this heading may be used under authorities
    available to the organizations reimbursed from this appropriation.

                         Federal Bureau of Investigation

                              salaries and expenses

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

                                  construction

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

                         Drug Enforcement Administration

                              salaries and expenses

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

               Bureau of Alcohol, Tobacco, Firearms and Explosives

                              salaries and expenses

        For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms
    and Explosives, not to exceed $40,000 for official reception and
    representation expenses; for training of State and local law enforcement
    agencies with or without reimbursement, including training in connection
    with the training and acquisition of canines for explosives and fire
    accelerants detection; and for provision of laboratory assistance to
    State and local law enforcement agencies, with or without reimbursement,
    $1,054,215,000, of which not to exceed $1,000,000 shall be available for
    the payment of attorneys' fees as provided by section 924(d)(2) of title
    18, United States Code; and of which $10,000,000 shall remain available
    until expended: Provided, That no funds appropriated herein shall be
    available for salaries or administrative expenses in connection with
    consolidating or centralizing, within the Department of Justice, the
    records, or any portion thereof, of acquisition and disposition of
    firearms maintained by Federal firearms licensees: Provided

    [[Page 123 STAT. 575]]

    further, That no funds appropriated herein shall be used to pay
    administrative expenses or the compensation of any officer or employee
    of the United States to implement an amendment or amendments to 27 CFR
    478.118 or to change the definition of ``Curios or relics'' in 27 CFR
    478.11 or remove any item from ATF Publication 5300.11 as it existed on
    January 1, 1994: Provided further, That none of the funds appropriated
    herein shall be available to investigate or act upon applications for
    relief from Federal firearms disabilities under 18 U.S.C. 925(c):
    Provided further, That such funds shall be available to investigate and
    act upon applications filed by corporations for relief from Federal
    firearms disabilities under section 925(c) of title 18, United States
    Code: Provided further, That no funds made available by this or any
    other Act may be used to transfer the functions, missions, or activities
    of the Bureau of Alcohol, Tobacco, Firearms and Explosives to other
    agencies or Departments in fiscal year 2009: <<NOTE: Effective
    date. Firearms data. 18 USC 923 note.>>  Provided further, That,
    beginning in fiscal year 2009 and thereafter, no funds appropriated
    under this or any other Act may be used to disclose part or all of the
    contents of the Firearms Trace System database maintained by the
    National Trace Center of the Bureau of Alcohol, Tobacco, Firearms and
    Explosives or any information required to be kept by licensees pursuant
    to section 923(g) of title 18, United States Code, or required to be
    reported pursuant to paragraphs (3) and (7) of such section 923(g),
    except to: (1) a Federal, State, local, tribal, or foreign law
    enforcement agency, or a Federal, State, or local prosecutor, solely in
    connection with and for use in a criminal investigation or prosecution;
    or (2) a Federal agency for a national security or intelligence purpose;
    and all such data shall be immune from legal process, shall not be
    subject to subpoena or other discovery, shall be inadmissible in
    evidence, and shall not be used, relied on, or disclosed in any manner,
    nor shall testimony or other evidence be permitted based on the data, in
    a civil action in any State (including the District of Columbia) or
    Federal court or in an administrative proceeding other than a proceeding
    commenced by the Bureau of Alcohol, Tobacco, Firearms and Explosives to
    enforce the provisions of chapter 44 of such title, or a review of such
    an action or proceeding; except that this proviso shall not be construed
    to prevent: (A) the disclosure of statistical information concerning
    total production, importation, and exportation by each licensed importer
    (as defined in section 921(a)(9) of such title) and licensed
    manufacturer (as defined in section 921(a)(10) of such title); (B) the
    sharing or exchange of such information among and between Federal,
    State, local, or foreign law enforcement agencies, Federal, State, or
    local prosecutors, and Federal national security, intelligence, or
    counterterrorism officials; or (C) the publication of annual statistical
    reports on products regulated by the Bureau of Alcohol, Tobacco,
    Firearms and Explosives, including total production, importation, and
    exportation by each licensed importer (as so defined) and licensed
    manufacturer (as so defined), or statistical aggregate data regarding
    firearms traffickers and trafficking channels, or firearms misuse,
    felons, and trafficking investigations: Provided further, That no funds
    made available by this or any other Act shall be expended to promulgate
    or implement any rule requiring a physical inventory of any business
    licensed under section 923 of title 18, United States Code: Provided
    further, That no funds under this Act may be used to electronically
    retrieve information gathered pursuant to 18 U.S.C.

    [[Page 123 STAT. 576]]

    923(g)(4) by name or any personal identification code: Provided further,
    That no funds authorized or made available under this or any other Act
    may be used to deny any application for a license under section 923 of
    title 18, United States Code, or renewal of such a license due to a lack
    of business activity, provided that the applicant is otherwise eligible
    to receive such a license, and is eligible to report business income or
    to claim an income tax deduction for business expenses under the
    Internal Revenue Code of 1986.

                              Federal Prison System

                              salaries and expenses

        For necessary expenses of the Federal Prison System for the
    administration, operation, and maintenance of Federal penal and
    correctional institutions, including purchase (not to exceed 810, of
    which 766 are for replacement only) and hire of law enforcement and
    passenger motor vehicles, and for the provision of technical assistance
    and advice on corrections related issues to foreign governments,
    $5,595,754,000: <<NOTE: 42 USC 250a.>>  Provided, That the Attorney
    General may transfer to the Health Resources and Services Administration
    such amounts as may be necessary for direct expenditures by that
    Administration for medical relief for inmates of Federal penal and
    correctional institutions: Provided further, That the Director of the
    Federal Prison System, where necessary, may enter into contracts with a
    fiscal agent or fiscal intermediary claims processor to determine the
    amounts payable to persons who, on behalf of the Federal Prison System,
    furnish health services to individuals committed to the custody of the
    Federal Prison System: Provided further, That not to exceed $6,000 shall
    be available for official reception and representation expenses:
    Provided further, That not to exceed $50,000,000 shall remain available
    for necessary operations until September 30, 2010: Provided further,
    That, of the amounts provided for contract confinement, not to exceed
    $20,000,000 shall remain available until expended to make payments in
    advance for grants, contracts and reimbursable agreements, and other
    expenses authorized by section 501(c) of the Refugee Education
    Assistance Act of 1980 (8 U.S.C. 1522 note), for the care and security
    in the United States of Cuban and Haitian entrants: Provided further,
    That the Director of the Federal Prison System may accept donated
    property and services relating to the operation of the prison card
    program from a not-for-profit entity which has operated such program in
    the past notwithstanding the fact that such not-for-profit entity
    furnishes services under contracts to the Federal Prison System relating
    to the operation of pre-release services, halfway houses, or other
    custodial facilities.

                            buildings and facilities

        For planning, acquisition of sites and construction of new
    facilities; purchase and acquisition of facilities and remodeling, and
    equipping of such facilities for penal and correctional use, including
    all necessary expenses incident thereto, by contract or force account;
    and constructing, remodeling, and equipping necessary buildings and
    facilities at existing penal and correctional institutions, including
    all necessary expenses incident thereto, by contract or force account,
    $575,807,000, to remain available until expended,

    [[Page 123 STAT. 577]]

    of which not less than $110,627,000 shall be available only for
    modernization, maintenance and repair, and of which not to exceed
    $14,000,000 shall be available to construct areas for inmate work
    programs: Provided, That labor of United States prisoners may be used
    for work performed under this appropriation.

                     federal prison industries, incorporated

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

       limitation on administrative expenses, federal prison industries,
                                  incorporated

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

                   State and Local Law Enforcement Activities

                        Office on Violence Against Women

           violence against women prevention and prosecution programs

        For grants, contracts, cooperative agreements, and other assistance
    for the prevention and prosecution of violence against women, as
    authorized by the Omnibus Crime Control and Safe Streets Act of 1968 (42
    U.S.C. 3711 et seq.) (``the 1968 Act''); the Violent Crime Control and
    Law Enforcement Act of 1994 (Public Law 103-322) (``the 1994 Act''); the
    Victims of Child Abuse Act of 1990 (Public Law 101-647) (``the 1990
    Act''); the Prosecutorial Remedies and Other Tools to end the
    Exploitation of Children Today Act of 2003 (Public Law 108-21); the
    Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601
    et seq.) (``the 1974 Act''); the Victims of Trafficking and Violence
    Protection Act of 2000 (Public Law 106-386) (``the 2000 Act''); and the
    Violence Against Women and Department of Justice Reauthorization Act of
    2005 (Public Law 109-162) (``the 2005 Act''); and for related victims
    services, $415,000,000, to remain available until expended: Provided,
    That except as otherwise provided by law, not to exceed 3 percent of
    funds made available under this heading may be

    [[Page 123 STAT. 578]]

    used for expenses related to evaluation, training, and technical
    assistance: Provided further, That of the amount provided (which shall
    be by transfer, for programs administered by the Office of Justice
    Programs)--
                (1) $15,000,000 for the court-appointed special advocate
            program, as authorized by section 217 of the 1990 Act;
                (2) $2,500,000 for child abuse training programs for
            judicial personnel and practitioners, as authorized by section
            222 of the 1990 Act;
                (3) $190,000,000 for grants to combat violence against
            women, as authorized by part T of the 1968 Act, of which--
                        (A) $18,000,000 shall be for transitional housing
                    assistance grants for victims of domestic violence,
                    stalking or sexual assault as authorized by section
                    40299 of the 1994 Act; and
                        (B) $1,880,000 shall be for the National Institute
                    of Justice for research and evaluation of violence
                    against women and related issues addressed by grant
                    programs of the Office on Violence Against Women;
                (4) $60,000,000 for grants to encourage arrest policies as
            authorized by part U of the 1968 Act;
                (5) $12,000,000 for sexual assault victims assistance, as
            authorized by section 41601 of the 1994 Act;
                (6) $41,000,000 for rural domestic violence and child abuse
            enforcement assistance grants, as authorized by section 40295 of
            the 1994 Act;
                (7) $3,500,000 for training programs as authorized by
            section 40152 of the 1994 Act, and for related local
            demonstration projects;
                (8) $3,000,000 for grants to improve the stalking and
            domestic violence databases, as authorized by section 40602 of
            the 1994 Act;
                (9) $9,500,000 for grants to reduce violent crimes against
            women on campus, as authorized by section 304 of the 2005 Act;
                (10) $37,000,000 for legal assistance for victims, as
            authorized by section 1201 of the 2000 Act;
                (11) $4,250,000 for enhanced training and services to end
            violence against and abuse of women in later life, as authorized
            by section 40802 of the 1994 Act;
                (12) $14,000,000 for the safe havens for children program,
            as authorized by section 1301 of the 2000 Act;
                (13) $6,750,000 for education and training to end violence
            against and abuse of women with disabilities, as authorized by
            section 1402 of the 2000 Act;
                (14) $3,000,000 for an engaging men and youth in prevention
            program, as authorized by section 41305 of the 1994 Act;
                (15) $1,000,000 for analysis and research on violence
            against Indian women, as authorized by section 904 of the 2005
            Act;
                (16) $1,000,000 for tracking of violence against Indian
            women, as authorized by section 905 of the 2005 Act;
                (17) $3,500,000 for services to advocate and respond to
            youth, as authorized by section 41201 of the 1994 Act;
                (18) $3,000,000 for grants to assist children and youth
            exposed to violence, as authorized by section 41303 of the 1994
            Act;

    [[Page 123 STAT. 579]]

                (19) $3,000,000 for the court training and improvements
            program, as authorized by section 41002 of the 1994 Act;
                (20) $1,000,000 for the National Resource Center on
            Workplace Responses to assist victims of domestic violence, as
            authorized by section 41501 of the 1994 Act; and
                (21) $1,000,000 for grants for televised testimony, as
            authorized by part N of title I of the 1968 Act.

                           Office of Justice Programs

                               justice assistance

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

    Provided, That section 1404(c)(3)(E)(i) of the Victims of Crime Act of
    1984, as amended (42 U.S.C. 10603) is amended after ``internships'' by
    inserting ``and for grants under subparagraphs (1)(A) and (B), pursuant
    to rules or guidelines that generally establish a publicly-announced,
    competitive process''.

                   state and local law enforcement assistance

        For grants, contracts, cooperative agreements, and other assistance
    authorized by the Violent Crime Control and Law Enforcement Act of 1994
    (Public Law 103-322) (``the 1994 Act''); the Omnibus Crime Control and
    Safe Streets Act of 1968 (``the 1968 Act''); the Justice for All Act of
    2004 (Public Law 108-405); the Victims of Child Abuse Act of 1990
    (Public Law 101-647) (``the 1990 Act''); the Trafficking Victims
    Protection Reauthorization Act of 2005 (Public Law 109-164); the
    Violence Against Women and Department of Justice Reauthorization Act of
    2005 (Public Law 109-162); the Adam Walsh Child Protection and Safety
    Act of 2006 (Public Law 109-248); and the Victims of Trafficking and
    Violence Protection Act of 2000 (Public Law 106-386); and other
    programs; $1,328,500,000, to remain available until expended as follows:
                (1) $546,000,000 for the Edward Byrne Memorial Justice
            Assistance Grant program as authorized by subpart 1 of part E of
            title I of the 1968 Act, (except that section 1001(c), and

    [[Page 123 STAT. 580]]

            the special rules for Puerto Rico under section 505(g), of the
            1968 Act, shall not apply for purposes of this Act), of which
            $5,000,000 is for use by the National Institute of Justice in
            assisting units of local government to identify, select,
            develop, modernize, and purchase new technologies for use by law
            enforcement, $2,000,000 is for a program to improve State and
            local law enforcement intelligence capabilities including
            antiterrorism training and training to ensure that
            constitutional rights, civil liberties, civil rights, and
            privacy interests are protected throughout the intelligence
            process, $7,000,000 is to reimburse State and local law
            enforcement for security and related costs, including overtime,
            associated with the extraordinary security required to protect
            the President-elect during the Presidential transition period;
            and $20,000,000 is to reimburse State and local governments for
            extraordinary costs associated with the 2009 Presidential
            Inauguration;
                (2) $400,000,000 for the State Criminal Alien Assistance
            Program, as authorized by section 241(i)(5) of the Immigration
            and Nationality Act (8 U.S.C. 1231(i)(5));
                (3) $31,000,000 for the Southwest Border Prosecutor
            Initiative to reimburse State, county, parish, tribal, or
            municipal governments for costs associated with the prosecution
            of criminal cases declined by local offices of the United States
            Attorneys;
                (4) $3,000,000 for the Northern Border Prosecutor Initiative
            to reimburse State, county, parish, tribal or municipal
            governments for the costs associated with the prosecution of
            criminal cases declined by local offices of United States
            Attorneys;
                (5) $178,500,000 for discretionary grants to improve the
            functioning of the criminal justice system, to prevent or combat
            juvenile delinquency, and to assist victims of crime (other than
            compensation): Provided, That within the amounts appropriated,
            $178,500,000 shall be used for the projects, and in the amounts
            specified in the explanatory statement described in section 4
            (in the matter preceding division A of this consolidated Act);
                (6) $30,000,000 for competitive grants to improve the
            functioning of the criminal justice system, to prevent or combat
            juvenile delinquency, and to assist victims of crime (other than
            compensation);
                (7) $2,000,000 for the purposes described in the Missing
            Alzheimer's Disease Patient Alert Program (section 240001 of the
            1994 Act);
                (8) $10,000,000 for victim services programs for victims of
            trafficking, as authorized by section 107(b)(2) of Public Law
            106-386 and for programs authorized under Public Law 109-164;
                (9) $40,000,000 for Drug Courts, as authorized by section
            1001(25)(A) of title I of the 1968 Act;
                (10) $7,000,000 for a prescription drug monitoring program;
                (11) $12,500,000 for prison rape prevention and prosecution
            and other programs, as authorized by the Prison Rape Elimination
            Act of 2003 (Public Law 108-79);
                (12) $10,000,000 for grants for Residential Substance Abuse
            Treatment for State Prisoners, as authorized by part S of title
            I of the 1968 Act;

    [[Page 123 STAT. 581]]

                (13) $5,500,000 for the Capital Litigation Improvement Grant
            Program, as authorized by section 426 of Public Law 108-405, and
            for grants for wrongful prosecution review;
                (14) $10,000,000 for mental health courts and adult and
            juvenile collaboration program grants, as authorized by parts V
            and HH of title I of the 1968 Act, and the Mentally Ill Offender
            Treatment and Crime Reduction Reauthorization and Improvement
            Act of 2008 (Public Law 110-416);
                (15) $25,000,000 for assistance to Indian tribes, of which--
                        (A) $10,000,000 shall be available for grants under
                    section 20109 of subtitle A of title II of the 1994 Act;
                        (B) $9,000,000 shall be available for the Tribal
                    Courts Initiative; and
                        (C) $6,000,000 shall be available for tribal alcohol
                    and substance abuse reduction assistance grants; and
                (16) $18,000,000 for economic, high technology and Internet
            crime prevention grants:

    Provided, That, if a unit of local government uses any of the funds made
    available under this heading to increase the number of law enforcement
    officers, the unit of local government will achieve a net gain in the
    number of law enforcement officers who perform nonadministrative public
    safety service.

                           weed and seed program fund

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

                            juvenile justice programs

        For grants, contracts, cooperative agreements, and other assistance
    authorized by the Juvenile Justice and Delinquency Prevention Act of
    1974 (``the 1974 Act''), the Omnibus Crime Control and Safe Streets Act
    of 1968 (``the 1968 Act''), the Violence Against Women and Department of
    Justice Reauthorization Act of 2005 (Public Law 109-162), the Missing
    Children's Assistance Act (42 U.S.C. 5771 et seq.); the Prosecutorial
    Remedies and Other Tools to end the Exploitation of Children Today Act
    of 2003 (Public Law 108-21); the Victims of Child Abuse Act of 1990
    (Public Law 101-647); the Adam Walsh Child Protection and Safety Act of
    2006 (Public Law 109-248); the PROTECT Our Children Act of 2008 (Public
    Law 110-401), and other juvenile justice programs, $374,000,000, to
    remain available until expended as follows:
                (1) $75,000,000 for programs authorized by section 221 of
            the 1974 Act, and for training and technical assistance to
            assist small, non-profit organizations with the Federal grants
            process;
                (2) $82,000,000 for grants and projects, as authorized by
            sections 261 and 262 of the 1974 Act: Provided, That within the
            amounts appropriated, $82,000,000 shall be used for the
            projects, and in the amounts, specified in the explanatory
            statement described in section 4 (in the matter preceding
            division A of this consolidated Act);
                (3) $80,000,000 for youth mentoring grants;

    [[Page 123 STAT. 582]]

                (4) $62,000,000 for delinquency prevention, as authorized by
            section 505 of the 1974 Act, of which, pursuant to sections 261
            and 262 thereof--
                        (A) $25,000,000 shall be for the Tribal Youth
                    Program;
                        (B) $10,000,000 shall be for a gang resistance
                    education and training program; and
                        (C) $25,000,000 shall be for grants of $360,000 to
                    each State and $4,840,000 shall be available for
                    discretionary grants, for programs and activities to
                    enforce State laws prohibiting the sale of alcoholic
                    beverages to minors or the purchase or consumption of
                    alcoholic beverages by minors, for prevention and
                    reduction of consumption of alcoholic beverages by
                    minors, and for technical assistance and training;
                (5) $20,000,000 for programs authorized by the Victims of
            Child Abuse Act of 1990; and
                (6) $55,000,000 for the Juvenile Accountability Block Grants
            program as authorized by part R of title I of the 1968 Act and
            Guam shall be considered a State:

    Provided, That not more than 10 percent of each amount may be used for
    research, evaluation, and statistics activities designed to benefit the
    programs or activities authorized: Provided further, That not more than
    2 percent of each amount may be used for training and technical
    assistance: Provided further, That the previous two provisos shall not
    apply to grants and projects authorized by sections 261 and 262 of the
    1974 Act.

                         public safety officer benefits

        For payments and expenses authorized by part L of title I of the
    Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796),
    such sums as are necessary, as authorized by section 6093 of Public Law
    100-690 (102 Stat. 4339-4340) (including amounts for administrative
    costs, which amounts shall be paid to the ``Salaries and Expenses''
    account), to remain available until expended; and $5,000,000 for
    payments authorized by section 1201(b) of such Act; and $4,100,000 for
    educational assistance, as authorized by section 1212 of such Act.

                      community oriented policing services

        For activities authorized by the Violent Crime Control and Law
    Enforcement Act of 1994 (Public Law 103-322); the Omnibus Crime Control
    and Safe Streets Act of 1968 (``the 1968 Act''); the Violence Against
    Women and Department of Justice Reauthorization Act of 2005 (Public Law
    109-162); subtitle D of title II of the Homeland Security Act of 2002
    (Public Law 107-296), which may include research and development; and
    the USA PATRIOT Improvement and Reauthorization Act of 2005 (Public Law
    109-177); the Second Chance Act of 2007 (Public Law 110-199); the NICS
    Improvement Amendments Act of 2007 (Public Law 110-180); the Adam Walsh
    Child Protection and Safety Act of 2006 (Public Law 109-248) (the ``Adam
    Walsh Act''); and the Justice for All Act of 2004 (Public Law 108-405),
    $550,500,000, to remain available until expended: Provided, That any
    balances made available through prior year deobligations shall only be
    available in accordance with section 505 of this Act. Of the amount
    provided

    [[Page 123 STAT. 583]]

    (which shall be by transfer, for programs administered by the Office of
    Justice Programs)--
                (1) $25,000,000 is for the matching grant program for armor
            vests for law enforcement officers, as authorized by section
            2501 of title I of the 1968 Act: Provided, That $1,500,000 is
            transferred directly to the National Institute of Standards and
            Technology's Office of Law Enforcement Standards from the
            Community Oriented Policing Services Office for research,
            testing, and evaluation programs: Provided further, That section
            2501(f) of part Y of title I of the 1968 Act (42 U.S.C.
            3796ll(f)), is amended by inserting at the end the following:
                ``(3) Waiver.--The Director may waive in whole or in part,
            the match requirement of paragraph (1) in the case of fiscal
            hardship, as determined by the Director.'';
                (2) $39,500,000 is for grants to entities described in
            section 1701 of title I of the 1968 Act, to address public
            safety and methamphetamine manufacturing, sale, and use in hot
            spots as authorized by section 754 of Public Law 109-177, and
            for other anti-methamphetamine-related activities: Provided,
            That within the amounts appropriated, $34,500,000 shall be used
            for the projects, and in the amounts, specified in the
            explanatory statement described in section 4 (in the matter
            preceding division A of this consolidated Act);
                (3) $187,000,000 is for a law enforcement technologies and
            interoperable communications program, and related law
            enforcement and public safety equipment: Provided, That within
            the amounts appropriated, $185,500,000 shall be used for the
            projects, and in the amounts, specified in the explanatory
            statement described in section 4 (in the matter preceding
            division A of this consolidated Act);
                (4) $25,000,000 is for offender re-entry programs, as
            authorized under section 101 and 211 of the Second Chance Act of
            2007 (Public Law 110-199), of which $15,000,000 is for grants
            for adult and juvenile offender state and local reentry
            demonstration projects, and $10,000,000 is for grants for
            mentoring and transitional services;
                (5) $10,000,000 is for grants to assist States and tribal
            governments as authorized by the NICS Improvements Amendments
            Act of 2007 (Public Law 110-180);
                (6) $10,000,000 is for grants to upgrade criminal records,
            as authorized under the Crime Identification Technology Act of
            1998 (42 U.S.C. 14601);
                (7) $156,000,000 is for DNA related and forensic programs
            and activities as follows:
                        (A) $151,000,000 for a DNA analysis and capacity
                    enhancement program and for other local, state, and
                    Federal forensic activities including the purposes of
                    section 2 of the DNA Analysis Backlog Elimination Act of
                    2000 (the Debbie Smith DNA Backlog Grant Program); and
                        (B) $5,000,000 for the purposes described in the
                    Kirk Bloodsworth Post-Conviction DNA Testing Program
                    (Public Law 108-405, section 412);
                (8) $20,000,000 is for improving tribal law enforcement,
            including equipment and training;
                (9) $15,000,000 is for programs to reduce gun crime and gang
            violence;
                (10) $4,000,000 is for training and technical assistance;

    [[Page 123 STAT. 584]]

                (11) $18,000,000 is for a national grant program the purpose
            of which is to assist State and local law enforcement to locate,
            arrest and prosecute child sexual predators and exploiters, and
            to enforce sex offender registration laws described in section
            1701(b) of the 1968 Act, of which:
                        (A) $5,000,000 is for sex offender management
                    assistance as authorized by the Adam Walsh Act and the
                    Violent Crime Control Act of 1994 (Public Law 103-322);
                    and
                        (B) $1,000,000 is for the National Sex Offender
                    Public Registry;
                (12) $16,000,000 is for expenses authorized by part AA of
            the 1968 Act (Secure our Schools); and
                (13) $25,000,000 is for Paul Coverdell Forensic Science
            Improvement Grants under part BB of title I of the 1968 Act.

                              salaries and expenses

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

                    General Provisions--Department of Justice

        Sec. 201.  In addition to amounts otherwise made available in this
    title for official reception and representation expenses, a total of not
    to exceed $50,000 from funds appropriated to the Department of Justice
    in this title shall be available to the Attorney General for official
    reception and representation expenses.
        Sec. 202.  None <<NOTE: Abortion.>>  of the funds appropriated by
    this title shall be available to pay for an abortion, except where the
    life of the mother would be endangered if the fetus were carried to
    term, or in the case of rape: Provided, That should this prohibition be
    declared unconstitutional by a court of competent jurisdiction, this
    section shall be null and void.

        Sec. 203.  None <<NOTE: Abortion.>>  of the funds appropriated under
    this title shall be used to require any person to perform, or facilitate
    in any way the performance of, any abortion.

        Sec. 204.  Nothing in the preceding section shall remove the
    obligation of the Director of the Bureau of Prisons to provide escort
    services necessary for a female inmate to receive such service outside
    the Federal facility: Provided, That nothing in this section in any way
    diminishes the effect of section 203 intended to address the
    philosophical beliefs of individual employees of the Bureau of Prisons.
        Sec. 205. Not to exceed 5 percent of any appropriation made
    available for the current fiscal year for the Department of Justice

    [[Page 123 STAT. 585]]

    in this Act may be transferred between such appropriations, but no such
    appropriation, except as otherwise specifically provided, shall be
    increased by more than 10 percent by any such transfers: Provided, That
    any transfer pursuant to this section shall be treated as a
    reprogramming of funds under section 505 of this Act and shall not be
    available for obligation except in compliance with the procedures set
    forth in that section: <<NOTE: President. Certification.>>  Provided
    further, That none of the funds appropriated to ``Buildings and
    Facilities, Federal Prison System'' in this or any other Act may be
    transferred to ``Salaries and Expenses, Federal Prison System'', or any
    other Department of Justice account, unless the President certifies that
    such a transfer is necessary to the national security interests of the
    United States, and such authority shall not be delegated, and shall be
    subject to section 505 of this Act.

        Sec. 206.  The <<NOTE: Project extension. 5 USC 3104 note.>>
    Attorney General is authorized to extend through September 30, 2010, the
    Personnel Management Demonstration Project transferred to the Attorney
    General pursuant to section 1115 of the Homeland Security Act of 2002,
    Public Law 107-296 (6 U.S.C. 533) without limitation on the number of
    employees or the positions covered.

        Sec. 207.  Notwithstanding <<NOTE: Investigations. Applicability. 28
    USC 533 note.>>  any other provision of law, Public Law 102-395 section
    102(b) shall extend to the Bureau of Alcohol, Tobacco, Firearms and
    Explosives in the conduct of undercover investigative operations and
    shall apply without fiscal year limitation with respect to any
    undercover investigative operation initiated by the Bureau of Alcohol,
    Tobacco, Firearms and Explosives that is necessary for the detection and
    prosecution of crimes against the United States.

        Sec. 208.  None of the funds made available to the Department of
    Justice in this Act may be used for the purpose of transporting an
    individual who is a prisoner pursuant to conviction for crime under
    State or Federal law and is classified as a maximum or high security
    prisoner, other than to a prison or other facility certified by the
    Federal Bureau of Prisons as appropriately secure for housing such a
    prisoner.
        Sec. 209. (a) None of the funds appropriated by this Act may be used
    by Federal prisons to purchase cable television services, to rent or
    purchase videocassettes, videocassette recorders, or other audiovisual
    or electronic equipment used primarily for recreational purposes.
        (b) The preceding sentence does not preclude the renting,
    maintenance, or purchase of audiovisual or electronic equipment for
    inmate training, religious, or educational programs.
        Sec. 210.  None <<NOTE: Certification.>>  of the funds made
    available under this title shall be obligated or expended for Sentinel,
    or for any other major new or enhanced information technology program
    having total estimated development costs in excess of $100,000,000,
    unless the Deputy Attorney General and the investment review board
    certify to the Committees on Appropriations that the information
    technology program has appropriate program management and contractor
    oversight mechanisms in place, and that the program is compatible with
    the enterprise architecture of the Department of Justice.

        Sec. 211.  The <<NOTE: Notification. Applicability.>>  notification
    thresholds and procedures set forth in section 505 of this Act shall
    apply to deviations from the amounts

    [[Page 123 STAT. 586]]

    designated for specific activities in this Act and accompanying
    statement, and to any use of deobligated balances of funds provided
    under this title in previous years.

        Sec. 212.  None of the funds appropriated by this Act may be used to
    plan for, begin, continue, finish, process, or approve a public-private
    competition under the Office of Management and Budget Circular A-76 or
    any successor administrative regulation, directive, or policy for work
    performed by employees of the Bureau of Prisons or of Federal Prison
    Industries, Incorporated.
        Sec. 213.  Notwithstanding any other provision of law, no funds
    shall be available for the salary, benefits, or expenses of any United
    States Attorney assigned dual or additional responsibilities by the
    Attorney General or his designee that exempt that United States Attorney
    from the residency requirements of 28 U.S.C. 545.
        Sec. 214.  None <<NOTE: Certification.>>  of the funds appropriated
    in this or any other Act shall be obligated for the initiation of a
    future phase of the Federal Bureau of Investigation's Sentinel program
    until the Attorney General certifies to the Committees on Appropriations
    that existing phases currently under contract for development or
    fielding have completed a majority of the work for that phase under the
    performance measurement baseline validated by the integrated baseline
    review conducted in 2008: Provided, That this restriction does not apply
    to planning and design activities for future
    phases: <<NOTE: Notification.>>  Provided further, That the Bureau will
    notify the Committees on Appropriations of any significant changes to
    the baseline.

        Sec. 215. <<NOTE: Deadlines. Reports.>>  (a) The Attorney General
    shall submit quarterly reports to the Inspector General of the
    Department of Justice regarding the costs and contracting procedures
    relating to each conference held by the Department of Justice during
    fiscal year 2009 for which the cost to the Government was more than
    $20,000.

        (b) Each report submitted under subsection (a) shall include, for
    each conference described in that subsection held during the applicable
    quarter--
                (1) a description of the subject of and number of
            participants attending that conference;
                (2) a detailed statement of the costs to the Government
            relating to that conference, including--
                        (A) the cost of any food or beverages;
                        (B) the cost of any audio-visual services; and
                        (C) a discussion of the methodology used to
                    determine which costs relate to that conference; and
                (3) a description of the contracting procedures relating to
            that conference, including--
                        (A) whether contracts were awarded on a competitive
                    basis for that conference; and
                        (B) a discussion of any cost comparison conducted by
                    the Department of Justice in evaluating potential
                    contractors for that conference.

        This title may be cited as the ``Department of Justice
    Appropriations Act, 2009''.

    [[Page 123 STAT. 587]]

    TITLE III <<NOTE: Science Appropriations Act, 2009.>>

                                     SCIENCE

                     Office of Science and Technology Policy

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

                  National Aeronautics and Space Administration

                                     science

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

                                   aeronautics

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

                                   exploration

        For necessary expenses, not otherwise provided for, in the conduct
    and support of exploration research and development activities,
    including research, development, operations, support, and services;
    maintenance; construction of facilities including repair,

    [[Page 123 STAT. 588]]

    rehabilitation, revitalization, and modification of facilities,
    construction of new facilities and additions to existing facilities,
    facility planning and design, and restoration, and acquisition or
    condemnation of real property, as authorized by law; environmental
    compliance and restoration; space flight, spacecraft control, and
    communications activities; program management, personnel and related
    costs, including uniforms or allowances therefor, as authorized by 5
    U.S.C. 5901-5902; travel expenses; purchase and hire of passenger motor
    vehicles; and purchase, lease, charter, maintenance, and operation of
    mission and administrative aircraft, $3,505,469,000 to remain available
    until September 30, 2010.

                                space operations

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

                                    education

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

                              cross agency support

        For necessary expenses, not otherwise provided for, in the conduct
    and support of science, aeronautics, exploration, space operations and
    education research and development activities, including research,
    development, operations, support, and services; maintenance;
    construction of facilities including repair, rehabilitation,
    revitalization, and modification of facilities, construction of new
    facilities and additions to existing facilities, facility planning and
    design, and restoration, and acquisition or condemnation of real

    [[Page 123 STAT. 589]]

    property, as authorized by law; environmental compliance and
    restoration; space flight, spacecraft control, and communications
    activities; program management; personnel and related costs, including
    uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
    travel expenses; purchase and hire of passenger motor vehicles; not to
    exceed $70,000 for official reception and representation expenses; and
    purchase, lease, charter, maintenance, and operation of mission and
    administrative aircraft, $3,306,387,000, to remain available until
    September 30, 2010: Provided, That $2,024,000,000, together with not
    more than $9,000,000 to be derived from receipts pursuant to 42 U.S.C.
    2459j, shall be available for center management and operations: Provided
    further, That notwithstanding 42 U.S.C. 2459j, proceeds from enhanced
    use leases that may be made available for obligation for fiscal year
    2009 shall not exceed $9,000,000: <<NOTE: 42 USC 16611b note.>>
    Provided further, That each annual budget request shall include an
    annual estimate of gross receipts and collections and proposed use of
    all funds collected pursuant to 42 U.S.C. 2459j: Provided further, That
    not less than $45,000,000 shall be available for independent
    verification and validation activities, of which $5,000,000 shall be
    available to develop core verification and validation competencies with
    small businesses, and $40,000,000 shall be available for operations of
    the independent verification and validation facility: Provided further,
    That within the amounts appropriated $67,500,000 shall be used for the
    projects, and in the amounts, specified in the explanatory statement
    described in section 4 (in the matter preceding division A of this
    consolidated Act).

                           office of inspector general

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

                            administrative provisions

         Notwithstanding the limitation on the duration of availability of
    funds appropriated to the National Aeronautics and Space Administration
    for any account in this Act, except for ``Office of Inspector General'',
    when any activity has been initiated by the incurrence of obligations
    for construction of facilities or environmental compliance and
    restoration activities as authorized by law, such amount available for
    such activity shall remain available until expended. This provision does
    not apply to the amounts appropriated for institutional minor
    revitalization and minor construction of facilities, and institutional
    facility planning and design.
        Notwithstanding the limitation on the availability of funds
    appropriated to the National Aeronautics and Space Administration for
    any account in this Act, except for ``Office of Inspector General'', the
    amounts appropriated for construction of facilities shall remain
    available until September 30, 2011.
        Funds for announced prizes otherwise authorized shall remain
    available, without fiscal year limitation, until the prize is claimed or
    the offer is withdrawn.
        Not to exceed 5 percent of any appropriation made available for the
    current fiscal year for the National Aeronautics and Space
    Administration in this Act may be transferred between such
    appropriations, but no such appropriation, except as otherwise
    specifically

    [[Page 123 STAT. 590]]

    provided, shall be increased by more than 10 percent by any such
    transfers. Any transfer pursuant to this provision shall be treated as a
    reprogramming of funds under section 505 of this Act and shall not be
    available for obligation except in compliance with the procedures set
    forth in that section.
        Notwithstanding any other provision of law, no funds shall be used
    to implement any Reduction in Force or other involuntary separations
    (except for cause) by the National Aeronautics and Space Administration
    prior to September 30, 2009.
        The unexpired balances of the Science, Aeronautics, and Exploration
    account, for activities for which funds are provided under this Act, may
    be transferred to the new accounts established in this Act that provide
    such activity. Balances so transferred shall be merged with the funds in
    the newly established accounts, but shall be available under the same
    terms, conditions and period of time as previously appropriated.
        For the closeout of all Space Shuttle contracts and associated
    programs, amounts that have expired but have not been cancelled in the
    Human Space Flight, Space Flight Capabilities, and Exploration
    Capabilities appropriations accounts shall remain available through
    fiscal year 2015 for the liquidation of valid obligations incurred
    during the period of fiscal year 2001 through fiscal year 2009.
        Funding designations and minimum funding requirements contained in
    any other Act shall not be applicable to funds appropriated by this
    title for the National Aeronautics and Space Administration.
        The Administrator <<NOTE: Deadline. Reports.>>  of NASA shall, not
    later than February 2, 2009, submit to the appropriate committees of
    Congress a report that delineates by fiscal year, mission directorate
    and object class the full costs necessary for Space Shuttle retirement
    and transition activities for fiscal years 2006 through 2015 that
    includes, but is not limited to, the following:
                (1) the costs for environmental compliance and remediation;
                (2) the gross and net proceeds from exchange sales of excess
            Space Shuttle equipment;
                (3) the costs to maintain required facilities at Kennedy
            Space Center during the gap in human space flight;
                (4) the costs associated with preservation of historic
            properties;
                (5) the costs of workforce transition; and
                (6) other costs related to Space Shuttle retirement and
            transition.

                           National Science Foundation

                         research and related activities

        For necessary expenses in carrying out the National Science
    Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and the Act to
    establish a National Medal of Science (42 U.S.C. 1880-1881); services as
    authorized by 5 U.S.C. 3109; maintenance and operation of aircraft and
    purchase of flight services for research support; acquisition of
    aircraft; and authorized travel; $5,183,100,000, to remain available
    until September 30, 2010, of which not to exceed $540,000,000 shall
    remain available until expended for polar research and operations
    support, and for reimbursement to other Federal agencies for operational
    and science

    [[Page 123 STAT. 591]]

    support and logistical and other related activities for the United
    States Antarctic program: Provided, That from funds specified in the
    fiscal year 2009 budget request for icebreaking services, up to
    $54,000,000 shall be available for the procurement of polar icebreaking
    services: Provided further, That the National Science Foundation shall
    only reimburse the Coast Guard for such sums as are agreed to according
    to the existing memorandum of agreement: Provided further, That receipts
    for scientific support services and materials furnished by the National
    Research Centers and other National Science Foundation supported
    research facilities may be credited to this appropriation: Provided
    further, That not less than $133,000,000 shall be available for
    activities authorized by section 7002(b)(2)(A)(iv) of Public Law 110-69.

              major research equipment and facilities construction

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

                          education and human resources

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

                     agency operations and award management

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

                      office of the national science board

        For necessary expenses (including payment of salaries, authorized
    travel, hire of passenger motor vehicles, the rental of conference rooms
    in the District of Columbia, and the employment of experts and
    consultants under section 3109 of title 5, United States Code) involved
    in carrying out section 4 of the National Science Foundation Act of
    1950, as amended (42 U.S.C. 1863) and Public Law

    [[Page 123 STAT. 592]]

    86-209 (42 U.S.C. 1880 et seq.), $4,030,000: Provided, That not to
    exceed $2,500 shall be available for official reception and
    representation expenses.

                           office of inspector general

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

                                    TITLE IV

                                RELATED AGENCIES

                           Commission on Civil Rights

                              salaries and expenses

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

                     Equal Employment Opportunity Commission

                              salaries and expenses

        For necessary expenses of the Equal Employment Opportunity
    Commission as authorized by title VII of the Civil Rights Act of 1964,
    the Age Discrimination in Employment Act of 1967, the Equal Pay Act of
    1963, the Americans with Disabilities Act of 1990, and the Civil Rights
    Act of 1991, including services as authorized by 5 U.S.C. 3109; hire of
    passenger motor vehicles as authorized by 31 U.S.C. 1343(b); nonmonetary
    awards to private citizens; and not to exceed $26,000,000 for payments
    to State and local enforcement agencies for authorized services to the
    Commission, $343,925,000: Provided, That the Commission is authorized to
    make available for official reception and representation expenses not to
    exceed $2,500 from available funds: <<NOTE: Notification.>>  Provided
    further, That the Commission may take no action to implement any
    workforce repositioning, restructuring, or reorganization until such
    time as the House and Senate Committees on Appropriations have been
    notified of such proposals, in accordance with the reprogramming
    requirements of section 505 of this Act: Provided further, That the
    Chair is authorized to accept and use any gift or donation to carry out
    the work of the Commission.

    [[Page 123 STAT. 593]]

                         International Trade Commission

                              salaries and expenses

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

                           Legal Services Corporation

                    payment to the legal services corporation

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

              administrative provision--legal services corporation

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

                            Marine Mammal Commission

                              salaries and expenses

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

                Office of the United States Trade Representative

                              salaries and expenses

        For necessary expenses of the Office of the United States Trade
    Representative, including the hire of passenger motor vehicles and the
    employment of experts and consultants as authorized by 5 U.S.C. 3109,
    $47,272,000, of which $1,000,000 shall remain available until expended:
    Provided, That not to exceed $124,000 shall be available for official
    reception and representation <<NOTE: Negotiations.>>  expenses: Provided
    further, That negotiations shall be conducted within the World

    [[Page 123 STAT. 594]]

    Trade Organization to recognize the right of members to distribute
    monies collected from antidumping and
    countervailing <<NOTE: Negotiations.>>  duties: Provided further, That
    negotiations shall be conducted within the World Trade Organization
    consistent with the negotiating objectives contained in the Trade Act of
    2002, Public Law 107-210.

                             State Justice Institute

                              salaries and expenses

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

                                     TITLE V

                               GENERAL PROVISIONS

        Sec. 501. No part of any appropriation contained in this Act shall
    be used for publicity or propaganda purposes not authorized by the
    Congress.
        Sec. 502. No part of any appropriation contained in this Act shall
    remain available for obligation beyond the current fiscal year unless
    expressly so provided herein.
        Sec. 503. <<NOTE: Contracts.>>  The expenditure of any appropriation
    under this Act for any consulting service through procurement contract,
    pursuant to 5 U.S.C. 3109, shall be limited to those contracts where
    such expenditures are a matter of public record and available for public
    inspection, except where otherwise provided under existing law, or under
    existing Executive order issued pursuant to existing law.

        Sec. 504. If any provision of this Act or the application of such
    provision to any person or circumstances shall be held invalid, the
    remainder of the Act and the application of each provision to persons or
    circumstances other than those as to which it is held invalid shall not
    be affected thereby.
        Sec. 505. <<NOTE: Notifications. Deadlines.>>  (a) None of the funds
    provided under this Act, or provided under previous appropriations Acts
    to the agencies funded by this Act that remain available for obligation
    or expenditure in fiscal year 2009, or provided from any accounts in the
    Treasury of the United States derived by the collection of fees
    available to the agencies funded by this Act, shall be available for
    obligation or expenditure through the reprogramming of funds that:

        (1) creates or initiates a new program, project or activity;
        (2) eliminates a program, project or activity, unless the House and
    Senate Committees on Appropriations are notified 15 days in advance of
    such reprogramming of funds;
        (3) increases funds or personnel by any means for any project or
    activity for which funds have been denied or restricted by this Act,
    unless the House and Senate Committees on Appropriations are notified 15
    days in advance of such reprogramming of funds;
        (4) relocates an office or employees, unless the House and Senate
    Committees on Appropriations are notified 15 days in advance of such
    reprogramming of funds;

    [[Page 123 STAT. 595]]

        (5) reorganizes or renames offices, programs or activities, unless
    the House and Senate Committees on Appropriations are notified 15 days
    in advance of such reprogramming of funds;
        (6) contracts out or privatizes any functions or activities
    presently performed by Federal employees, unless the House and Senate
    Committees on Appropriations are notified 15 days in advance of such
    reprogramming of funds;
        (7) proposes to use funds directed for a specific activity by either
    the House or Senate Committee on Appropriations for a different purpose,
    unless the House and Senate Committees on Appropriations are notified 15
    days in advance of such reprogramming of funds;
        (8) augments funds for existing programs, projects or activities in
    excess of $500,000 or 10 percent, whichever is less, or reduces by 10
    percent funding for any program, project or activity, or numbers of
    personnel by 10 percent as approved by Congress, unless the House and
    Senate Committees on Appropriations are notified 15 days in advance of
    such reprogramming of funds; or
        (9) results from any general savings, including savings from a
    reduction in personnel, which would result in a change in existing
    programs, projects or activities as approved by Congress, unless the
    House and Senate Committees on Appropriations are notified 15 days in
    advance of such reprogramming of funds.
        (b) None of the funds in provided under this Act, or provided under
    previous appropriations Acts to the agencies funded by this Act that
    remain available for obligation or expenditure in fiscal year 2009, or
    provided from any accounts in the Treasury of the United States derived
    by the collection of fees available to the agencies funded by this Act,
    shall be available for obligation or expenditure through the
    reprogramming of funds after August 1, except in extraordinary
    circumstances, and only after the House and Senate Committees on
    Appropriations are notified 30 days in advance of such reprogramming of
    funds.
        Sec. 506. <<NOTE: Religious harassment. 42 USC 2000e-12 note.>>
    Hereafter, none of the funds made available in this or any other Act may
    be used to implement, administer, or enforce any guidelines of the Equal
    Employment Opportunity Commission covering harassment based on religion,
    when it is made known to the Federal entity or official to which such
    funds are made available that such guidelines do not differ in any
    respect from the proposed guidelines published by the Commission on
    October 1, 1993 (58 Fed. Reg. 51266).

        Sec. 507. If it has been finally determined by a court or Federal
    agency that any person intentionally affixed a label bearing a ``Made in
    America'' inscription, or any inscription with the same meaning, to any
    product sold in or shipped to the United States that is not made in the
    United States, the person shall be ineligible to receive any contract or
    subcontract made with funds made available in this Act, pursuant to the
    debarment, suspension, and ineligibility procedures described in
    sections 9.400 through 9.409 of title 48, Code of Federal Regulations.
        Sec. 508. <<NOTE: Deadlines. Reports.>>  The Departments of Commerce
    and Justice, the National Science Foundation, and the National
    Aeronautics and Space Administration, shall provide to the House and
    Senate Committees on Appropriations a quarterly accounting of the
    cumulative balances of any unobligated funds that were received by such
    agency during any previous fiscal year.

    [[Page 123 STAT. 596]]

        Sec. 509. Any costs incurred by a department or agency funded under
    this Act resulting from, or to prevent, personnel actions taken in
    response to funding reductions included in this Act shall be absorbed
    within the total budgetary resources available to such department or
    agency: Provided, That the authority to transfer funds between
    appropriations accounts as may be necessary to carry out this section is
    provided in addition to authorities included elsewhere in this Act:
    Provided further, That use of funds to carry out this section shall be
    treated as a reprogramming of funds under section 505 of this Act and
    shall not be available for obligation or expenditure except in
    compliance with the procedures set forth in that section.
        Sec. 510. <<NOTE: Tobacco and tobacco products.>>  None of the funds
    provided by this Act shall be available to promote the sale or export of
    tobacco or tobacco products, or to seek the reduction or removal by any
    foreign country of restrictions on the marketing of tobacco or tobacco
    products, except for restrictions which are not applied equally to all
    tobacco or tobacco products of the same type.

        Sec. 511. <<NOTE: Firearms.>>  None of the funds appropriated
    pursuant to this Act or any other provision of law may be used for--
                (1) the implementation of any tax or fee in connection with
            the implementation of subsection 922(t) of title 18, United
            States Code; and
                (2) any system to implement subsection 922(t) of title 18,
            United States Code, that does not require and result in the
            destruction of any identifying information submitted by or on
            behalf of any person who has been determined not to be
            prohibited from possessing or receiving a firearm no more than
            24 hours after the system advises a Federal firearms licensee
            that possession or receipt of a firearm by the prospective
            transferee would not violate subsection (g) or (n) of section
            922 of title 18, United States Code, or State law.

        Sec. 512. <<NOTE: 42 USC 10601 note.>>  Notwithstanding any other
    provision of law, amounts deposited or available in the Fund established
    under 42 U.S.C. 10601 in any fiscal year in excess of $635,000,000 shall
    not be available for obligation until the following fiscal year.

        Sec. 513. <<NOTE: Discrimination.>>  None of the funds made
    available to the Department of Justice in this Act may be used to
    discriminate against or denigrate the religious or moral beliefs of
    students who participate in programs for which financial assistance is
    provided from those funds, or of the parents or legal guardians of such
    students.

        Sec. 514. None of the funds made available in this Act may be
    transferred to any department, agency, or instrumentality of the United
    States Government, except pursuant to a transfer made by, or transfer
    authority provided in, this Act or any other appropriations Act.
        Sec. 515. Any funds provided in this Act used to implement E-
    Government Initiatives shall be subject to the procedures set forth in
    section 505 of this Act.
        Sec. 516. <<NOTE: Firearm traces.>>  (a) Tracing studies conducted
    by the Bureau of Alcohol, Tobacco, Firearms and Explosives are released
    without adequate disclaimers regarding the limitations of the data.

        (b) The Bureau of Alcohol, Tobacco, Firearms and Explosives shall
    include in all such data releases, language similar to the following
    that would make clear that trace data cannot be used to draw broad
    conclusions about firearms-related crime:

    [[Page 123 STAT. 597]]

                (1) Firearm traces are designed to assist law enforcement
            authorities in conducting investigations by tracking the sale
            and possession of specific firearms. Law enforcement agencies
            may request firearms traces for any reason, and those reasons
            are not necessarily reported to the Federal Government. Not all
            firearms used in crime are traced and not all firearms traced
            are used in crime.
                (2) Firearms selected for tracing are not chosen for
            purposes of determining which types, makes, or models of
            firearms are used for illicit purposes. The firearms selected do
            not constitute a random sample and should not be considered
            representative of the larger universe of all firearms used by
            criminals, or any subset of that universe. Firearms are normally
            traced to the first retail seller, and sources reported for
            firearms traced do not necessarily represent the sources or
            methods by which firearms in general are acquired for use in
            crime.

        Sec. 517. <<NOTE: Audits. Reports. Deadlines.>>  (a) The Inspectors
    General of the Department of Commerce, the Department of Justice, the
    National Aeronautics and Space Administration, the National Science
    Foundation, and the Legal Services Corporation shall conduct audits,
    pursuant to the Inspector General Act (5 U.S.C. App.), of grants or
    contracts for which funds are appropriated by this Act, and shall submit
    reports to Congress on the progress of such audits, which may include
    preliminary findings and a description of areas of particular interest,
    within 180 days after initiating such an audit and every 180 days
    thereafter until any such audit is completed.

        (b) Within <<NOTE: Deadline. Public information. Web posting.>>  60
    days after the date on which an audit described in subsection (a) by an
    Inspector General is completed, the Secretary, Attorney General,
    Administrator, Director, or President, as appropriate, shall make the
    results of the audit available to the public on the Internet website
    maintained by the Department, Administration, Foundation, or
    Corporation, respectively. The results shall be made available in
    redacted form to exclude--
                (1) any matter described in section 552(b) of title 5,
            United States Code; and
                (2) sensitive personal information for any individual, the
            public access to which could be used to commit identity theft or
            for other inappropriate or unlawful purposes.

        (c) A grant or contract funded by amounts appropriated by this Act
    may not be used for the purpose of defraying the costs of a banquet or
    conference that is not directly and programmatically related to the
    purpose for which the grant or contract was awarded, such as a banquet
    or conference held in connection with planning, training, assessment,
    review, or other routine purposes related to a project funded by the
    grant or contract.
        (d) Any <<NOTE: Certification.>>  person awarded a grant or contract
    funded by amounts appropriated by this Act shall submit a statement to
    the Secretary of Commerce, the Attorney General, the Administrator,
    Director, or President, as appropriate, certifying that no funds derived
    from the grant or contract will be made available through a subcontract
    or in any other manner to another person who has a financial interest in
    the person awarded the grant or contract.

        (e) The <<NOTE: Effective date.>>  provisions of the preceding
    subsections of this section shall take effect 30 days after the date on
    which the Director of the Office of Management and Budget, in
    consultation with the Director of the Office of Government Ethics,
    determines that a uniform set of rules and requirements, substantially
    similar to

    [[Page 123 STAT. 598]]

    the requirements in such subsections, consistently apply under the
    executive branch ethics program to all Federal departments, agencies,
    and entities.

        Sec. 518. <<NOTE: Human organism.>>  None of the funds appropriated
    or otherwise made available under this Act may be used to issue patents
    on claims directed to or encompassing a human organism.

        Sec. 519. <<NOTE: Torture.>>  None of the funds made available in
    this Act shall be used in any way whatsoever to support or justify the
    use of torture by any official or contract employee of the United States
    Government.

        Sec. 520. <<NOTE: Exports and imports. Firearms. Canada.>>  (a)
    Notwithstanding any other provision of law or treaty, none of the funds
    appropriated or otherwise made available under this Act or any other Act
    may be expended or obligated by a department, agency, or instrumentality
    of the United States to pay administrative expenses or to compensate an
    officer or employee of the United States in connection with requiring an
    export license for the export to Canada of components, parts,
    accessories or attachments for firearms listed in Category I, section
    121.1 of title 22, Code of Federal Regulations (International
    Trafficking in Arms Regulations (ITAR), part 121, as it existed on April
    1, 2005) with a total value not exceeding $500 wholesale in any
    transaction, provided that the conditions of subsection (b) of this
    section are met by the exporting party for such articles.

        (b) The foregoing exemption from obtaining an export license--
                (1) does not exempt an exporter from filing any Shipper's
            Export Declaration or notification letter required by law, or
            from being otherwise eligible under the laws of the United
            States to possess, ship, transport, or export the articles
            enumerated in subsection (a); and
                (2) does not permit the export without a license of--
                        (A) fully automatic firearms and components and
                    parts for such firearms, other than for end use by the
                    Federal Government, or a Provincial or Municipal
                    Government of Canada;
                        (B) barrels, cylinders, receivers (frames) or
                    complete breech mechanisms for any firearm listed in
                    Category I, other than for end use by the Federal
                    Government, or a Provincial or Municipal Government of
                    Canada; or
                        (C) articles for export from Canada to another
                    foreign destination.

        (c) In accordance with this section, the District Directors of
    Customs and postmasters shall permit the permanent or temporary export
    without a license of any unclassified articles specified in subsection
    (a) to Canada for end use in Canada or return to the United States, or
    temporary import of Canadian-origin items from Canada for end use in the
    United States or return to Canada for a Canadian citizen.
        (d) The <<NOTE: President. Federal Register, publication.>>
    President may require export licenses under this section on a temporary
    basis if the President determines, upon publication first in the Federal
    Register, that the Government of Canada has implemented or maintained
    inadequate import controls for the articles specified in subsection (a),
    such that a significant diversion of such articles has and continues to
    take place for use in international terrorism or in the escalation of a
    conflict in another nation. The President shall terminate the
    requirements of a license when reasons for the temporary requirements
    have ceased.

    [[Page 123 STAT. 599]]

        Sec. 521. <<NOTE: Firearms.>>  Notwithstanding any other provision
    of law, no department, agency, or instrumentality of the United States
    receiving appropriated funds under this Act or any other Act shall
    obligate or expend in any way such funds to pay administrative expenses
    or the compensation of any officer or employee of the United States to
    deny any application submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and
    qualified pursuant to 27 CFR section 478.112 or .113, for a permit to
    import United States origin ``curios or relics'' firearms, parts, or
    ammunition.

        Sec. 522. None of the funds made available in this Act may be used
    to include in any new bilateral or multilateral trade agreement the text
    of--
                (1) paragraph 2 of article 16.7 of the United States-
            Singapore Free Trade Agreement;
                (2) paragraph 4 of article 17.9 of the United States-
            Australia Free Trade Agreement; or
                (3) paragraph 4 of article 15.9 of the United States-Morocco
            Free Trade Agreement.

        Sec. 523. <<NOTE: National security letters.>>  None of the funds
    made available in this Act may be used to authorize or issue a national
    security letter in contravention of any of the following laws
    authorizing the Federal Bureau of Investigation to issue national
    security letters: The Right to Financial Privacy Act; The Electronic
    Communications Privacy Act; The Fair Credit Reporting Act; The National
    Security Act of 1947; USA PATRIOT Act; and the laws amended by these
    Acts.

        Sec. 524. If at any time during any quarter, the program manager of
    a project within the jurisdiction of the Departments of Commerce or
    Justice, the National Aeronautics and Space Administration, or the
    National Science Foundation totaling more than $75,000,000 has
    reasonable cause to believe that the total program cost has increased by
    10 percent, the program manager shall immediately inform the Secretary,
    Administrator, or Director. The
    Secretary, <<NOTE: Notification. Deadline.>>  Administrator, or Director
    shall notify the House and Senate Committees on Appropriations within 30
    days in writing of such increase, and shall include in such notice: the
    date on which such determination was made; a statement of the reasons
    for such increases; the action taken and proposed to be taken to control
    future cost growth of the project; changes made in the performance or
    schedule milestones and the degree to which such changes have
    contributed to the increase in total program costs or procurement costs;
    new estimates of the total project or procurement costs; and a statement
    validating that the project's management structure is adequate to
    control total project or procurement costs.

        Sec. 525. Funds appropriated by this Act, or made available by the
    transfer of funds in this Act, for intelligence or intelligence related
    activities are deemed to be specifically authorized by the Congress for
    purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
    414) during fiscal year 2009 until the enactment of the Intelligence
    Authorization Act for fiscal year 2009.
        Sec. 526. <<NOTE: Web posting. 5 USC app. 8L note.>>  The
    Departments, agencies, and commissions funded under this Act, shall
    establish and maintain on the homepages of their Internet websites--
                (1) a direct link to the Internet websites of their Offices
            of Inspectors General; and
                (2) a mechanism on the Offices of Inspectors General website
            by which individuals may anonymously report cases

    [[Page 123 STAT. 600]]

            of waste, fraud, or abuse with respect to those Departments,
            agencies, and commissions.

        Sec. 527.  None <<NOTE: Contracts. Grants. Certification.>>  of the
    funds appropriated or otherwise made available by this Act may be used
    to enter into a contract in an amount greater than $5,000,000 or to
    award a grant in excess of such amount unless the prospective contractor
    or grantee certifies in writing to the agency awarding the contract or
    grant that, to the best of its knowledge and belief, the contractor or
    grantee has filed all Federal tax returns required during the three
    years preceding the certification, has not been convicted of a criminal
    offense under the Internal Revenue Code of 1986, and has not, more than
    90 days prior to certification, been notified of any unpaid Federal tax
    assessment for which the liability remains unsatisfied, unless the
    assessment is the subject of an installment agreement or offer in
    compromise that has been approved by the Internal Revenue Service and is
    not in default, or the assessment is the subject of a non-frivolous
    administrative or judicial proceeding.

        Sec. 528. None of the funds appropriated or otherwise made available
    in this Act may be used in a manner that is inconsistent with the
    principal negotiating objective of the United States with respect to
    trade remedy laws to preserve the ability of the United States--
                (1) to enforce vigorously its trade laws, including
            antidumping, countervailing duty, and safeguard laws;
                (2) to avoid agreements that--
                        (A) lessen the effectiveness of domestic and
                    international disciplines on unfair trade, especially
                    dumping and subsidies; or
                        (B) lessen the effectiveness of domestic and
                    international safeguard provisions, in order to ensure
                    that United States workers, agricultural producers, and
                    firms can compete fully on fair terms and enjoy the
                    benefits of reciprocal trade concessions; and
                (3) to address and remedy market distortions that lead to
            dumping and subsidization, including overcapacity,
            cartelization, and market-access barriers.

                                  (Rescissions)

        Sec. 529. (a) Of the unobligated balances available to the
    Department of Commerce from prior appropriations, the following funds
    are hereby rescinded from the following accounts and programs in the
    specified amounts:
                (1) ``Economic Development Administration, Economic
            Development Assistance Programs'', $15,000,000;
                (2) ``National Institute of Standards and Technology,
            Industrial Technology Services'', $5,000,000;
                (3) ``National Telecommunications and Information
            Administration, Salaries and Expenses'', $3,000,000;
                (4) ``National Telecommunications and Information
            Administration, Public Telecommunications, Facilities, Planning
            and Construction'', $1,600,000; and
                (5) ``Bureau of the Census, Periodic Censuses and
            Programs'', $1,000,000.

        (b) Of <<NOTE: Deadline.>>  the unobligated balances available to
    the Department of Justice from prior appropriations, the following funds
    are hereby rescinded, not later than September 30, 2009, from the
    following accounts in the specified amounts:

    [[Page 123 STAT. 601]]

                (1) ``General Administration, Working Capital Fund'',
            $100,000,000;
                (2) ``Legal Activities, Assets Forfeiture Fund'',
            $285,000,000;
                (3) ``Office of Justice Programs'', $100,000,000; and
                (4) ``Community Oriented Policing Services'', $100,000,000.

        (c) <<NOTE: Deadline. Reports.>>  Each department affected by the
    recissions contained in subsections (a) and (b) shall, within 30 days of
    enactment of this Act, submit to the Committee on Appropriations of the
    House of Representatives and the Senate a report specifying the amount
    of each rescission made pursuant to this section.

        (d) The recissions contained in this section shall not apply to
    funds provided in this Act.
        Sec. 530. None of the funds made available in this Act may be used
    to purchase first class or premium airline travel in contravention of
    sections 301-10.122 through 301-10.124 of title 41 of the Code of
    Federal Regulations.
        Sec. 531. None of the funds made available in this Act may be used
    to send or otherwise pay for the attendance of more than 50 employees
    from a Federal department or agency at any single conference occurring
    outside the United States.
        This division may be cited as the ``Commerce, Justice, Science, and
    Related Agencies Appropriations Act, 2009''.

      DIVISION C--ENERGY <<NOTE: Energy and Water Development and Related
    Agencies Appropriations Act, 2009.>>  AND WATER DEVELOPMENT AND RELATED
    AGENCIES APPROPRIATIONS ACT, 2009

                                     TITLE I

                          DEPARTMENT OF DEFENSE--CIVIL

                             DEPARTMENT OF THE ARMY

                            Corps of Engineers--Civil

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

                                 Investigations

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

    [[Page 123 STAT. 602]]

    in section 4 (in the matter preceding division A of this consolidated
    Act).

                                  Construction

        For expenses necessary for the construction of river and harbor,
    flood and storm damage reduction, shore protection, aquatic ecosystem
    restoration, and related projects authorized by law; for conducting
    detailed studies, and plans and specifications, of such projects
    (including those involving participation by States, local governments,
    or private groups) authorized or made eligible for selection by law (but
    such detailed studies, and plans and specifications, shall not
    constitute a commitment of the Government to construction);
    $2,141,677,000, to remain available until expended; of which such sums
    as are necessary to cover the Federal share of construction costs for
    facilities under the Dredged Material Disposal Facilities program shall
    be derived from the Harbor Maintenance Trust Fund as authorized by
    Public Law 104-303; and of which such sums as are necessary pursuant to
    Public Law 99-662 shall be derived from the Inland Waterways Trust Fund,
    to cover one-half of the costs of construction, replacement,
    rehabilitation, and expansion of inland waterways projects (including
    only Chickamauga Lock, Tennessee; Kentucky Lock and Dam, Tennessee
    River, Kentucky; Lock and Dams 2, 3, and 4 Monongahela River,
    Pennsylvania; Marmet Lock and Dam, West Virginia; McAlpine Lock and Dam,
    Kentucky and Indiana; Olmsted Lock and Dam, Illinois and Kentucky;
    Gray's Landing Lock and Dam, Pennsylvania; R.C. Byrd Lock and Dam, Ohio
    and West Virginia; and Point Marion Lock and Dam, Pennsylvania) shall be
    derived from the Inland Waterways Trust Fund: Provided, That the Chief
    of Engineers is directed to use $13,000,000 of the funds appropriated
    herein for the Dallas Floodway Extension, Texas, project, including the
    Cadillac Heights feature, generally in accordance with the Chief of
    Engineers report dated December 7, 1999: Provided further, That the
    Chief of Engineers is directed to use $8,000,000 of the funds
    appropriated herein for planning, engineering, design or construction of
    the Grundy, Buchanan County, and Dickenson County, Virginia, elements of
    the Levisa and Tug Forks of the Big Sandy River and Upper Cumberland
    River Project: Provided further, That the Chief of Engineers is directed
    to use $8,500,000 of the funds appropriated herein to continue planning,
    engineering, design or construction of the Lower Mingo County, Upper
    Mingo County, Wayne County, McDowell County, West Virginia, elements of
    the Levisa and Tug Forks of the Big Sandy River and Upper Cumberland
    River Project: Provided further, That the Secretary of the Army, acting
    through the Chief of Engineers, is directed to use $9,000,000 of the
    funds appropriated herein for the Clover Fork, City of Cumberland, Town
    of Martin, Pike County (including Levisa Fork and Tug Fork Tributaries),
    Bell County, Harlan County in accordance with the Draft Detailed Project
    Report dated January 2002, Floyd County, Martin County, Johnson County,
    and Knox County, Kentucky, detailed project report, elements of the
    Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River:
    Provided further, That the Chief of Engineers is directed to use
    $17,048,000 of the funds provided herein for planning and design and
    construction of a rural health care facility on the Fort Berthold
    Reservation of the Three Affiliated Tribes, North Dakota: Provided
    further, That, except as provided in section 101 of this

    [[Page 123 STAT. 603]]

    Act, the amounts made available under this paragraph shall be expended
    as authorized in law for the projects and activities specified in the
    text and table under this heading in the explanatory statement described
    in section 4 (in the matter preceding division A of the consolidated
    Act).

                        Mississippi River and Tributaries

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

                            operation and maintenance

        For expenses necessary for the operation, maintenance, and care of
    existing river and harbor, flood and storm damage reduction, aquatic
    ecosystem restoration, and related projects authorized by law; providing
    security for infrastructure owned or operated by the Corps, including
    administrative buildings and laboratories; maintaining harbor channels
    provided by a State, municipality, or other public agency that serve
    essential navigation needs of general commerce, where authorized by law;
    surveying and charting northern and northwestern lakes and connecting
    waters; clearing and straightening channels; and removing obstructions
    to navigation, $2,201,900,000, to remain available until expended, of
    which such sums as are necessary to cover the Federal share of eligible
    operation and maintenance costs for coastal harbors and channels, and
    for inland harbors shall be derived from the Harbor Maintenance Trust
    Fund; of which such sums as become available from the special account
    for the Corps established by the Land and Water Conservation Act of
    1965, as amended (16 U.S.C. 460l-6a(i)), shall be derived from that
    account for resource protection, research, interpretation, and
    maintenance activities related to resource protection in the areas at
    which outdoor recreation is available; and of which such sums as become
    available from fees collected under section 217 of the Water Resources
    Development Act of 1996 (Public Law 104-303), shall be used to cover the
    cost of operation and maintenance of the dredged material disposal
    facilities for which such fees have been collected: Provided, That of
    the amounts provided herein, not to exceed $500,000 is provided to the
    Secretary of the Army to reimburse travel expenses as provided for in
    section 9003(f) of the Water Resources Development

    [[Page 123 STAT. 604]]

    Act of 2007, Public Law 110-114 (121 Stat. 1289-1290): Provided further,
    That 2 percent of the total amount of funds provided for each of the
    programs, projects or activities funded under this heading shall not be
    allocated to a field operating activity prior to the beginning of the
    fourth quarter of the fiscal year and shall be available for use by the
    Chief of Engineers to fund such emergency activities as the Chief of
    Engineers determines to be necessary and appropriate; and that the Chief
    of Engineers shall allocate during the fourth quarter any remaining
    funds which have not been used for emergency activities proportionally
    in accordance with the amounts provided for the programs, projects or
    activities: Provided further, That, except as provided in section 101 of
    this Act, the amounts made available under this paragraph shall be
    expended as authorized in law for the projects and activities specified
    in the text and table under the heading in the explanatory statement
    described in section 4 (in the matter preceding division A of this
    consolidated Act).

                               Regulatory Program

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

                 Formerly Utilized Sites Remedial Action Program

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

                                    Expenses

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

    [[Page 123 STAT. 605]]

             office of assistant secretary of the army (civil works)

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

                            Administrative Provision

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

                  GENERAL PROVISIONS, Corps of Engineers--Civil

        Sec. 101. (a) None of the funds provided in title I of this Act, or
    provided by previous appropriations Acts to the agencies or entities
    funded in title I of this Act that remain available for obligation or
    expenditure in fiscal year 2009, shall be available for obligation or
    expenditure through a reprogramming of funds that:
                (1) creates or initiates a new program, project, or
            activity;
                (2) eliminates a program, project, or activity;
                (3) increases funds or personnel for any program, project,
            or activity for which funds have been denied or restricted by
            this Act, unless prior approval is received from the House and
            Senate Committees on Appropriations;
                (4) proposes to use funds directed for a specific activity
            for a different purpose, unless prior approval is received from
            the House and Senate Committees on Appropriations;
                (5) augments or reduces existing programs, projects or
            activities in excess of the amounts contained in subsections 6
            through 10, unless prior approval is received from the House and
            Senate Committees on Appropriations;
                (6) Investigations.--For a base level over $100,000,
            reprogramming of 25 percent of the base amount up to a limit of
            $150,000 per project, study or activity is allowed: Provided,
            That for a base level less than $100,000, the reprogramming
            limit is $25,000; Provided further, That up to $25,000 may be
            reprogrammed into any continuing study or activity that did not
            receive an appropriation for existing obligations and
            concomitant administrative expenses;
                (7) Construction.--For a base level over $2,000,000,
            reprogramming of 15 percent of the base amount up to a limit of
            $3,000,000 per project, study or activity is allowed: Provided,
            That for a base level less than $2,000,000, the reprogramming
            limit is $300,000: Provided further, That up to $3,000,000 may
            be reprogrammed for settled contractor claims, changed
            conditions, or real estate deficiency judgments: Provided
            further, That up to $300,000 may be reprogrammed into any
            continuing study or activity that did not receive an
            appropriation for existing obligations and concomitant
            administrative expenses;
                (8) Operation and maintenance.--
            Unlimited <<NOTE: Reprogramming authority.>>  reprogramming
            authority is granted in order for the Corps to be able to
            respond to emergencies: <<NOTE: Notification.>>  Provided, That
            the Chief of Engineers must notify the House and Senate
            Committees on Appropriations of these emergency actions as soon
            thereafter as practicable: Provided further, That for a base
            level over $1,000,000,

    [[Page 123 STAT. 606]]

            reprogramming of 15 percent of the base amount up to a limit of
            $5,000,000 per project, study or activity is allowed: Provided
            further, That for a base level less than $1,000,000, the
            reprogramming limit is $150,000: Provided further, That $150,000
            may be reprogrammed into any continuing study or activity that
            did not receive an appropriation;
                (9) Mississippi river and tributaries.--The same
            reprogramming guidelines for the Investigations, Construction,
            and Operation and Maintenance portions of the Mississippi River
            and Tributaries Account as listed above; and
                (10) Formerly utilized sites remedial action program.--
            Reprogramming of up to 15 percent of the base of the receiving
            project is permitted.

        (b) Continuing Authorities Program.--Subsection (a)(1) shall not
    apply to any project or activity funded under the continuing authorities
    program.
        (c) Not <<NOTE: Deadline. Reports.>>  later than 60 days after the
    date of enactment of this Act, the Corps of Engineers shall submit a
    report to the House and Senate Committees on Appropriations to establish
    the baseline for application of reprogramming and transfer authorities
    for the current fiscal year: Provided, That the report shall include:
                (1) A table for each appropriation with a separate column to
            display the President's budget request, adjustments made by
            Congress, adjustments due to enacted rescissions, if
            appropriate, and the fiscal year enacted level;
                (2) A delineation in the table for each appropriation both
            by object class and program, project and activity as detailed in
            the budget appendix for the respective appropriations; and
                (3) An identification of items of special congressional
            interest: Provided further, That <<NOTE: Fines.>>  the amount
            appropriated for salaries and expenses of the Corps of Engineers
            shall be reduced by $100,000 per day for each day after the
            required date that the report has not been submitted to the
            Congress.

        Sec. 102. None of the funds in this Act, or previous Acts, making
    funds available for Energy and Water Development, shall be used to
    implement any pending or future competitive sourcing actions under OMB
    Circular A-76 or High Performing Organizations for the U.S. Army Corps
    of Engineers.
        Sec. 103.  None <<NOTE: Contracts.>>  of the funds made available in
    this title may be used to award or modify any contract that commits an
    amount for a project in excess of the amounts appropriated for that
    project that remain unobligated.

        Sec. 104. <<NOTE: Deadline. Reports.>>  Within 90 days of the date
    of the Chief of Engineers Report on a water resource matter, the
    Assistant Secretary of the Army (Civil Works) shall submit the report to
    the appropriate authorizing and appropriating committees of the
    Congress.

        Sec. 105. Water Reallocation, Lake Cumberland, Kentucky. (a) In
    General.--Subject to subsection (b), none of the funds made available by
    this Act may be used to carry out any water reallocation project or
    component under the Wolf Creek Project, Lake Cumberland, Kentucky,
    authorized under the Act of June 28, 1938 (52 Stat. 1215, ch. 795) and
    the Act of July 24, 1946 (60 Stat. 636, ch. 595).
        (b) Existing Reallocations.--Subsection (a) shall not apply to any
    water reallocation for Lake Cumberland, Kentucky, that is carried out
    subject to an agreement or payment schedule in effect on the date of
    enactment of this Act.

    [[Page 123 STAT. 607]]

        Sec. 106. Section 121 of the Energy and Water Development
    Appropriations Act, 2006 (Public Law 109-103; 119 Stat. 2256) is amended
    by striking subsection (a) and inserting the following:
        ``(a) Hereafter, the Secretary of the Army may carry out and fund
    planning studies, watershed surveys and assessments, or technical
    studies at 100 percent Federal expense to accomplish the purposes of the
    2003 Biological Opinion described in section 205(b) of the Energy and
    Water Development Appropriations Act, 2005 (Public Law 108-447; 118
    Stat. 2949) as amended by subsection (b) or any related subsequent
    biological opinion, and the collaborative program long-term
    plan. <<NOTE: Consultation.>>  In carrying out a study, survey, or
    assessment under this subsection, the Secretary of the Army shall
    consult with Federal, State, tribal and local governmental entities, as
    well as entities participating in the Middle Rio Grande Endangered
    Species Collaborative Program referred to in section 205 of this Act:
    Provided, That the Secretary of the Army may also provide planning and
    administrative assistance to the Middle Rio Grande Endangered Species
    Collaborative Program, which shall not be subject to cost sharing
    requirements with non-Federal interests.''.

        Sec. 107. <<NOTE: Contracts.>>  None of the funds in this Act, or
    previous Acts, making funds available for Energy and Water Development
    shall be used to award any continuing contract that commits additional
    funding from the Inland Waterway Trust Fund unless or until such time
    that a permanent solution to enhance revenues in the fund is enacted.

        Sec. 108. <<NOTE: Study.>>  The Secretary is authorized to conduct a
    study of the Missouri River Projects located within the Missouri River
    basin at a total cost of $25,000,000 with the express purpose to review
    the original project purposes based on the Flood Control Act of 1944, as
    amended, and other subsequent relevant legislation and judicial rulings
    to determine if changes to the authorized project purposes and existing
    Federal water resource infrastructure may be warranted: Provided, That
    this study shall be undertaken at full Federal expense.

        Sec. 109. Section 134 of Public Law 108-137 (117 Stat. 1842), as
    amended by section 128(b) of Public Law 109-103 (119 Stat. 2260), is
    further amended by striking ``$30,000,000'' wherever it appears and
    inserting ``$48,300,000'' in lieu thereof.
        Sec. 110. Section 101(a)(5) of the Water Resources Development Act
    of 1996 (110 Stat. 3663) is amended--
                (1) by inserting ``(A) In general.--'' before ``The''; and
                (2) by adding at the end the following:
                        ``(B) Credit toward non-federal share.--The
                    Secretary shall credit toward the non-Federal share of
                    the project the costs expended by non-Federal interests
                    for the replacement and reconstruction of the Soquel
                    Avenue Bridge.
                        ``(C) Maximum amount of credit.--The credit under
                    paragraph (B) may not exceed $2,000,000.
                        ``(D) Limitation of total project cost.--The
                    Secretary shall not include the costs to be credited
                    under paragraphs (B) and (C) in total project costs in
                    determining the amounts of the Federal and non-Federal
                    contributions.''.

        Sec. 111. The Missouri River Levee System (MRLS) Unit L-385 Project,
    Riverside, Missouri, authorized by the Flood Control Act of 1941, Public
    Law 77-228, and the Flood Control Act of

    [[Page 123 STAT. 608]]

    1944, Public Law 78-534, is modified to direct the Secretary, acting
    through the Chief of Engineers, to take such action as is necessary to
    correct deficiencies in the L-385 levee system in Riverside, Missouri at
    full Federal expense at a cost of no more than $7,000,000.
        Sec. 112. Section 115 of the Energy and Water Development and
    Related Agencies Appropriations Act, 2008 as contained in division C of
    Public Law 110-161, <<NOTE: 121 Stat. 1945.>>  is amended by striking
    ``$20,000,000. The Secretary shall transfer this facility to the
    Secretary of the Interior for operation and maintenance upon the
    completion of construction.'' and inserting in lieu thereof,
    ``$20,000,000: Provided, That the Secretary shall transfer ownership of
    this facility to the Secretary of Health and Human Services for
    operation and maintenance upon the completion of construction.''.

        Sec. 113. Section 103(c)(7) of the Water Resources Development Act
    of 1992 (106 Stat. 4811-12), as amended by section 117 of the Energy and
    Water Development Appropriations Act of 2006 (119 Stat. 2255), is
    further amended by striking ``15,000,000'' and inserting ``26,000,000''.
        Sec. 114. Section 3118 of Public Law 110-114 (121 Stat. 1137) is
    amended by--
                (1) in paragraph (b) by inserting after ``New Mexico'' the
            following: ``in accordance with the plans recommended in the
            feasibility report for the Middle Rio Grande Bosque, New Mexico,
            scheduled for completion in December 2008'';
                (2) redesignating subsection (d) as subsection (e); and
                (3) inserting a new subsection (d):

        ``(d) Cost Sharing.--Any requirement for non-Federal participation
    in a project carried out in the bosque of Bernalillo County, New Mexico,
    pursuant to this section shall be limited to the provision of lands,
    easements, rights-of-way, relocations, and dredged material disposal
    areas necessary for construction, operation and maintenance of the
    project.''.
        Sec. 115. The non-Federal interest for the project referenced in
    section 3154 of the Water Resources Development Act of 2007 (Public Law
    110-114; 121 Stat. 1148) may carry out design and construction work on
    the project in advance of Federal appropriations or may provide funds
    directly to the Secretary for the Secretary to carry out such
    work: <<NOTE: Reimbursements.>>  Provided, That the Secretary of the
    Army shall reimburse the non-Federal interest for any costs incurred by
    the non-Federal interest that are in excess of the non-Federal share of
    total project costs subject to the availability of appropriations.

        Sec. 116. <<NOTE: Colorado.>>  The Colorado Department of Natural
    Resources is authorized to perform modifications of the facility
    (Chatfield Reservoir, Colorado), and any required mitigation which
    results from implementation of the project: Provided, That in carrying
    out the reassignment of storage space provided for in this section, the
    Secretary shall collaborate with the Colorado Department of Natural
    Resources and local interests to determine costs to be repaid for
    storage that reflects the limited reliability of the resources and the
    capability of non-Federal interests to make use of the reallocated
    storage space in Chatfield Reservoir, Colorado.

        Sec. 117. Section 117 of the Energy and Water Development and
    Related Agencies Appropriations Act, 2005, as contained in division C of
    Public Law 108-447, <<NOTE: 118 Stat. 2944.>>  is hereby repealed.

    [[Page 123 STAT. 609]]

        Sec. 118. <<NOTE: Reassignment.>>  The Secretary of Army, acting
    through the Chief of Engineers, shall reassign the regulatory boundaries
    of the Chicago District to align with the existing civil works
    boundaries of the Chicago District.

                                    TITLE II

                           DEPARTMENT OF THE INTERIOR

                              Central Utah Project

                     central utah project completion account

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

                              Bureau of Reclamation

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

                           Water and Related Resources

                         (including transfers of funds)

        For management, development, and restoration of water and related
    natural resources and for related activities, including the operation,
    maintenance, and rehabilitation of reclamation and other facilities,
    participation in fulfilling related Federal responsibilities to Native
    Americans, and related grants to, and cooperative and other agreements
    with, State and local governments, federally recognized Indian tribes,
    and others, $920,259,000, to remain available until expended, of which
    $46,655,000 shall be available for transfer to the Upper Colorado River
    Basin Fund and $24,962,000 shall be available for transfer to the Lower
    Colorado River Basin Development Fund; of which such amounts as may be
    necessary may be advanced to the Colorado River Dam Fund; of which not
    more than $500,000 is for high priority projects which shall be carried
    out by the Youth Conservation Corps, as authorized by 16 U.S.C. 1706:
    Provided, That such transfers may be increased or decreased within the
    overall appropriation under this heading: Provided further, That of the
    total appropriated, the amount for program activities that can be
    financed by the Reclamation Fund or the Bureau of Reclamation special
    fee account established by 16 U.S.C. 460l-6a(i) shall be derived from
    that Fund or account: Provided further, That funds contributed under 43
    U.S.C. 395 are available until expended for the purposes for which
    contributed: Provided further, That funds advanced under 43 U.S.C. 397a
    shall be credited to this account and are available until expended for
    the same purposes as the sums appropriated under this heading: Provided
    further,

    [[Page 123 STAT. 610]]

    That funds available for expenditure for the Departmental Irrigation
    Drainage Program may be expended by the Bureau of Reclamation for site
    remediation on a nonreimbursable basis: Provided further, That funds
    provided for the Friant-Kern and Madera Canals improvements may be
    expended on a non-reimbursable basis: Provided further, That $4,000,000
    of the funds appropriated under this heading shall be deposited in the
    San Gabriel Basin Restoration Fund established by section 110 of title I
    of appendix D of Public Law 106-554: Provided further, That, except as
    provided in section 201 of this Act, the amounts made available under
    this paragraph shall be expended as authorized in law for the projects
    and activities specified in the text and table under this heading in the
    explanatory statement described in section 4 (in the matter preceding
    division A of this consolidated Act).

                     Central Valley Project Restoration Fund

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

                        California Bay-Delta Restoration

                         (including transfers of funds)

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

                            policy and administration

                          (including transfer of funds)

        For necessary expenses of policy, administration, and related
    functions in the Office of the Commissioner, the Denver office, and
    offices in the five regions of the Bureau of Reclamation, to remain
    available until expended, $59,400,000, to be derived from

    [[Page 123 STAT. 611]]

    the Reclamation Fund and be nonreimbursable as provided in 43 U.S.C.
    377: Provided, That no part of any other appropriation in this Act shall
    be available for activities or functions budgeted as policy and
    administration expenses: <<NOTE: Transfer date. Budget plan.>>  Provided
    further, That, of the funds provided under this heading, $10,000,000
    shall be transferred to ``Water and Related Resources'' upon the
    expiration of the 90-day period following the date of enactment of this
    Act if during such period, the Secretary of the Interior has not
    submitted to the Committees on Appropriations of the House of
    Representatives and the Senate the Bureau of Reclamation's five-year
    budget plan.

                            ADMINISTRATIVE PROVISION

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

                 General Provisions, Department of the Interior

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

    [[Page 123 STAT. 612]]

            received from the Committees on Appropriations of the House of
            Representatives and the Senate.

        (b) Subsection (a)(5) shall not apply to any transfer of funds
    within the Facilities Operation, Maintenance, and Rehabilitation
    category.
        (c) For <<NOTE: Definition.>>  purposes of this section, the term
    ``transfer'' means any movement of funds into or out of a program,
    project, or activity.

        (d) The <<NOTE: Reports. Deadlines.>>  Bureau of Reclamation shall
    submit reports on a quarterly basis to the Committees on Appropriations
    of the House of Representatives and the Senate detailing all the funds
    reprogrammed between programs, projects, activities, or categories of
    funding. <<NOTE: Deadline.>>  The first quarterly report shall be
    submitted not later than 60 days after the date of enactment of this
    Act.

        Sec. 202. (a) <<NOTE: California. Drainage plan.>>  None of the
    funds appropriated or otherwise made available by this Act may be used
    to determine the final point of discharge for the interceptor drain for
    the San Luis Unit until development by the Secretary of the Interior and
    the State of California of a plan, which shall conform to the water
    quality standards of the State of California as approved by the
    Administrator of the Environmental Protection Agency, to minimize any
    detrimental effect of the San Luis drainage waters.

        (b) The costs of the Kesterson Reservoir Cleanup Program and the
    costs of the San Joaquin Valley Drainage Program shall be classified by
    the Secretary of the Interior as reimbursable or nonreimbursable and
    collected until fully repaid pursuant to the ``Cleanup Program-
    Alternative Repayment Plan'' and the ``SJVDP-Alternative Repayment
    Plan'' described in the report entitled ``Repayment Report, Kesterson
    Reservoir Cleanup Program and San Joaquin Valley Drainage Program,
    February 1995'', prepared by the Department of the Interior, Bureau of
    Reclamation. Any future obligations of funds by the United States
    relating to, or providing for, drainage service or drainage studies for
    the San Luis Unit shall be fully reimbursable by San Luis Unit
    beneficiaries of such service or studies pursuant to Federal reclamation
    law.
        Sec. 203. <<NOTE: New Mexico.>>  None of the funds appropriated or
    otherwise made available by this or any other Act may be used to pay the
    salaries and expenses of personnel to purchase or lease water in the
    Middle Rio Grande or the Carlsbad Projects in New Mexico unless said
    purchase or lease is in compliance with the purchase requirements of
    section 202 of Public Law 106-60.

        Sec. 204. Funds under this title for Drought Emergency Assistance
    shall be made available primarily for leasing of water for specified
    drought related purposes from willing lessors, in compliance with
    existing State laws and administered under State water priority
    allocation.
        Sec. 205. <<NOTE: Grants. Contracts.>>  The Secretary of the
    Interior, acting through the Commissioner of the Bureau of Reclamation,
    is authorized to enter into grants, cooperative agreements, and other
    agreements with irrigation or water districts and States to fund up to
    50 percent of the cost of planning, designing, and constructing
    improvements that will conserve water, increase water use efficiency, or
    enhance water management through measurement or automation, at existing
    water supply projects within the States identified in the Act of June
    17, 1902, as amended, and supplemented: Provided, That when such
    improvements are to federally owned facilities, such funds may be
    provided in advance on a nonreimbursable basis to an entity operating
    affected transferred works or may

    [[Page 123 STAT. 613]]

    be deemed nonreimbursable for nontransferred works: Provided further,
    That the calculation of the non-Federal contribution shall provide for
    consideration of the value of any in-kind contributions, but shall not
    include funds received from other Federal agencies: Provided further,
    That the cost of operating and maintaining such improvements shall be
    the responsibility of the non-Federal entity: Provided further, That
    this section shall not supercede any existing project-specific funding
    authority: <<NOTE: Grants. Contracts.>>  Provided further, That the
    Secretary is also authorized to enter into grants or cooperative
    agreements with universities or nonprofit research institutions to fund
    water use efficiency research.

        Sec. 206. (a) Section 209 of the Energy and Water Development
    Appropriations Act, 2004 (Public Law 108-137; 117 Stat. 1850) is
    repealed.
        (b) The <<NOTE: Establishment.>>  Secretary of the Interior
    (referred to in this section as the ``Secretary'') shall establish and
    maintain an Executive Committee of the Middle Rio Grande Endangered
    Species Collaborative Program (referred to in this section as the
    ``Executive Committee'') consistent with the bylaws of the Middle Rio
    Grande Endangered Species Collaborative Program adopted on October 2,
    2006.

        (c) Hereafter, in compliance with applicable Federal and State laws,
    the Secretary (acting through the Commissioner of Reclamation), in
    collaboration with the Executive Committee, may enter into any grants,
    contracts, cooperative agreements, interagency agreements, or other
    agreements that the Secretary determines to be necessary to comply with
    the 2003 Biological Opinion described in section 205(b) of the Energy
    and Water Development Appropriations Act, 2005 (Public Law 108-447; 118
    Stat. 2949) as amended by section 121(b) of the Energy and Water
    Development Appropriations Act, 2006 (Public Law 109-103; 119 Stat.
    2256) or any related subsequent biological opinion or in furtherance of
    the objectives set forth in the collaborative program long-term plan.
        (d)(1) The acquisition of water under subsection (c) and any
    administrative costs associated with carrying out subsection (c) shall
    be at full Federal expense.
        (2) Not more than 15 percent of amounts appropriated to carry out
    subsection (c) shall be made available for the payment of administrative
    expenses associated with carrying out that subsection.
        (e)(1) The non-Federal share of activities carried out under
    subsection (c) (other than an activity or a cost described in subsection
    (d)(1)) shall be 25 percent. The non-Federal cost share shall be
    determined on a programmatic, rather than a project-by-project basis.
        (2) The non-Federal share required under paragraph (1) may be in the
    form of in-kind contributions, the value of which shall be determined by
    the Secretary in consultation with the executive committee.
        (f) Nothing in this section modifies or expands the discretion of
    the Secretary with respect to operating reservoir facilities under the
    jurisdiction of the Secretary in the Rio Grande Valley, New Mexico.
        Sec. 207. Section 208 of the Energy and Water Development and
    Related Agencies Appropriations Act, 2008 (Public Law 110-161; 121 Stat.
    1953) is amended--
                (1) in subsection (a)--

    [[Page 123 STAT. 614]]

                        (A) in paragraph (2)(B), by inserting ``, as
                    determined by the nonprofit conservation organization''
                    after ``Lake''; and
                        (B) in paragraph (4), by striking ``retirement of
                    water rights'' and all that follows through the
                    semicolon at the end and inserting ``retirement of water
                    rights;''; and
                (2) in subsection (b), by striking ``June 30, 2010'' and
            inserting ``June 30, 2012''.

        Sec. 208. <<NOTE: Nevada.>>  Notwithstanding any other provision of
    law, of amounts made available under section 2507 of the Farm Security
    and Rural Investment Act of 2002 (43 U.S.C. 2211 note; Public Law 107-
    171), the Secretary of the Interior acting through the Commissioner of
    Reclamation, shall allocate--
                (1) $300,000 to the Desert Research Institute for LIDAR
            acquisition data in the Walker River Basin, to supplement water
            rights research and data funded under section 208(a)(1) of the
            Energy and Water Development Appropriations Act, 2006 (Public
            Law 109-103; 119 Stat. 2268); and
                (2) $300,000 <<NOTE: Fish and fishing.>>  to the Director of
            the United States Fish and Wildlife Service to conduct a
            multiyear assessment of and monitoring of the ability of west
            central Nevada lakes to support migratory loons, and
            identification of wintering areas and annual range of loons
            using Walker Lake during migration.

                                    TITLE III

                              DEPARTMENT OF ENERGY

                                 ENERGY PROGRAMS

                     Energy Efficiency and Renewable Energy

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

                   Electricity Delivery and Energy Reliability

        For Department of Energy expenses including the purchase,
    construction, and acquisition of plant and capital equipment, and other
    expenses necessary for electricity delivery and energy reliability
    activities in carrying out the purposes of the Department of Energy
    Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
    condemnation of any real property or any facility or for plant or
    facility acquisition, construction, or expansion, $137,000,000, to
    remain available until expended: Provided, That,

    [[Page 123 STAT. 615]]

    of the amount appropriated in this paragraph, $19,648,475 shall be used
    for projects specified in the table that appears under the heading
    ``Congressionally Directed Electricity Delivery and Energy Reliability
    Projects'' in the text and table under this heading in the explanatory
    statement described in section 4 (in the matter preceding division A of
    this consolidated Act).

                                 Nuclear Energy

                          (including transfer of funds)

        For Department of Energy expenses including the purchase,
    construction, and acquisition of plant and capital equipment, and other
    expenses necessary for nuclear energy activities in carrying out the
    purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et
    seq.), including the acquisition or condemnation of any real property or
    any facility or for plant or facility acquisition, construction, or
    expansion, and the purchase of not to exceed 29 passenger motor
    vehicles, including three new buses and 26 replacement vehicles,
    including one ambulance, $792,000,000, to remain available until
    expended: Provided, That, of the amount appropriated in this paragraph,
    $2,854,500 shall be used for projects specified in the table that
    appears under the heading ``Congressionally Directed Nuclear Energy
    Projects'' in the text and table under this heading in the explanatory
    statement described in section 4 (in the matter preceding division A of
    this consolidated Act).

                              Clean Coal Technology

                          (including transfer of funds)

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

                     Fossil Energy Research and Development

                          (including transfer of funds)

        For necessary expenses in carrying out fossil energy research and
    development activities, under the authority of the Department of Energy
    Organization Act (Public Law 95-91), including the acquisition of
    interest, including defeasible and equitable interests in any real
    property or any facility or for plant or facility acquisition or
    expansion, and for conducting inquiries, technological investigations
    and research concerning the extraction, processing, use, and disposal of
    mineral substances without objectionable social and environmental costs
    (30 U.S.C. 3, 1602, and 1603), $876,320,000, to remain available until
    expended, of which $149,000,000 shall be derived by transfer from
    ``Clean Coal Technology'': Provided, That of the amounts provided,
    $288,174,000 is available for the Clean Coal Power Initiative Round III
    solicitation, pursuant to title IV of the Public Law 109-58: Provided
    further, That funds appropriated for prior solicitations under the Clean
    Coal Technology Program, Power Plant Improvement Initiative, Clean Coal
    Power

    [[Page 123 STAT. 616]]

    Initiative, and FutureGen, but not required by the Department to meet
    its obligations on projects selected under such solicitations, may be
    utilized for the Clean Coal Power Initiative Round III solicitation
    under this Act in accordance with the requirements of this Act rather
    than the Acts under which the funds were appropriated: Provided further,
    That no Clean Coal Power Initiative project may be selected for which
    full funding is not available to provide for the total
    project: <<NOTE: Deadline. 42 USC 15965.>>  Provided further, That if a
    Clean Coal Power Initiative project selected after enactment of this
    legislation for negotiation under this or any other Act in any fiscal
    year, is not awarded within 2 years from the date the application was
    selected, negotiations shall cease and the Federal funds committed to
    the application shall be retained by the Department for future coal-
    related research, development and demonstration projects, except that
    the time limit may be extended at the Secretary's discretion for matters
    outside the control of the applicant, or if the Secretary determines
    that extension of the time limit is in the public interest: Provided
    further, That the Secretary may not delegate this responsibility for
    applications greater than $10,000,000: Provided further, That financial
    assistance for costs in excess of those estimated as of the date of
    award of original Clean Coal Power Initiative financial assistance may
    not be provided in excess of the proportion of costs borne by the
    Government in the original agreement and shall be limited to 25 percent
    of the original financial assistance: Provided further, That funds shall
    be expended in accordance with the provisions governing the use of funds
    contained under the heading ``Clean Coal Technology'' in 42 U.S.C. 5903d
    as well as those contained under the heading ``Clean Coal Technology''
    in prior appropriations: Provided further, That any technology selected
    under these programs shall be considered a Clean Coal Technology, and
    any project selected under these programs shall be considered a Clean
    Coal Technology Project, for the purposes of 42 U.S.C. 7651n, and
    chapters 51, 52, and 60 of title 40 of the Code of Federal Regulations:
    Provided further, That funds available for the Clean Coal Power
    Initiative Round III Funding Opportunity Announcement may be used to
    support any technology that meets the requirements of the Round III
    Announcement relating to carbon capture and storage or other beneficial
    uses of CO<INF>2</INF>, without regard to the 70 and 30 percent funding
    allocations specified in section 402(b)(1)(A) and 402(b)(2)(A) of Public
    Law 109-58: Provided further, That no part of the sum herein made
    available shall be used for the field testing of nuclear explosives in
    the recovery of oil and gas: Provided further, That, of the amount
    appropriated in this paragraph, $43,864,150 shall be used for projects
    specified in the table that appears under the heading ``Congressionally
    Directed Fossil Energy Projects'' in the text and table under this
    heading in the explanatory statement described in section 4 (in the
    matter preceding division A of this consolidated Act).

                     Naval Petroleum and Oil Shale Reserves

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

    [[Page 123 STAT. 617]]

    remaining from prior years shall be available for all naval petroleum
    and oil shale reserve activities.

                           Strategic Petroleum Reserve

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

                       Northeast Home Heating Oil Reserve

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

                        Energy Information Administration

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

                        Non-Defense Environmental Cleanup

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

    [[Page 123 STAT. 618]]

    on the north side of Highway 160: Provided further, That, of the amount
    appropriated in this paragraph, $4,757,500 shall be used for projects
    specified in the table that appears under the heading ``Congressionally
    Directed Non-Defense Environmental Cleanup Projects'' in the text and
    table under this heading in the explanatory statement described in
    section 4 (in the matter preceding division A of this consolidated Act).

           Uranium Enrichment Decontamination and Decommissioning Fund

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

                                     Science

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

    Nuclear Waste <<NOTE: Nevada.>>  Disposal

        For nuclear waste disposal activities to carry out the purposes of
    the Nuclear Waste Policy Act of 1982, Public Law 97-425, as amended (the
    ``NWPA''), including the acquisition of real property or facility
    construction or expansion, $145,390,000, to remain available until
    expended, and to be derived from the Nuclear Waste Fund: Provided, That
    of the funds made available in this Act for Nuclear Waste Disposal,
    $5,000,000 shall be provided to the Office of the Attorney General of
    the State of Nevada solely for expenditures, other than salaries and
    expenses of State employees, to conduct scientific oversight
    responsibilities and participate in licensing activities pursuant to the
    Act: Provided further, That notwithstanding the lack of a written
    agreement with the State of Nevada under section 117(c) of the NWPA,
    $1,000,000 shall be provided to Nye County, Nevada, for on-site
    oversight activities under section 117(d) of that Act: Provided further,
    That $9,000,000 shall be provided to affected units of local government,
    as defined in the NWPA, to conduct appropriate activities and
    participate in licensing activities: <<NOTE: California.>>  Provided
    further, That of the $9,000,000

    [[Page 123 STAT. 619]]

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

              Title 17 Innovative Technology Loan Guarantee Program

        Subject to section 502 of the Congressional Budget Act of 1974,
    commitments to guarantee loans under title XVII of the Energy Policy Act
    of 2005, shall not exceed a total principal amount of $47,000,000,000
    for eligible projects, to remain available until committed, and of which
    $18,500,000,000 shall be for nuclear power facilities: Provided, That
    these amounts are in addition to the

    [[Page 123 STAT. 620]]

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

    [[Page 123 STAT. 621]]

                           Departmental Administration

                          (including transfer of funds)

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

                         Office of the Inspector General

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

                        ATOMIC ENERGY DEFENSE ACTIVITIES

                    National Nuclear Security Administration

                               Weapons Activities

        For Department of Energy expenses, including the purchase,
    construction, and acquisition of plant and capital equipment and other
    incidental expenses necessary for atomic energy defense weapons
    activities in carrying out the purposes of the Department of Energy
    Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
    condemnation of any real property or any facility or for plant or
    facility acquisition, construction, or expansion, the purchase of not to
    exceed two passenger motor vehicles, and one ambulance; $6,380,000,000,
    to remain available until expended: Provided, That $19,300,000 is
    authorized to be appropriated for the 09-D-007 LANSCE Refurbishment,
    PED, Los Alamos National Laboratory, Los Alamos, New Mexico: Provided
    further, That, of the amount appropriated in this paragraph, $22,836,000
    shall be used for projects specified in the table that appears under the
    heading ``Congressionally Directed Weapons Activities Projects'' in the
    text and table under this heading in the explanatory statement described
    in section 4 (in the matter preceding division A of this consolidated
    Act).

    [[Page 123 STAT. 622]]

                        Defense Nuclear Nonproliferation

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

                                 Naval Reactors

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

                           Office of the Administrator

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

                   ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                          Defense Environmental Cleanup

                          (including transfer of funds)

        For Department of Energy expenses, including the purchase,
    construction, and acquisition of plant and capital equipment and other
    expenses necessary for atomic energy defense environmental cleanup
    activities in carrying out the purposes of the Department of Energy
    Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
    condemnation of any real property or any facility or for plant or
    facility acquisition, construction, or expansion, and the purchase of
    not to exceed four ambulances and three passenger motor vehicles for
    replacement only, $5,657,250,000, to remain available until expended, of
    which $463,000,000 shall be transferred to the ``Uranium Enrichment
    Decontamination and Decommissioning Fund'': Provided, That, of the
    amount appropriated in this

    [[Page 123 STAT. 623]]

    paragraph, $17,908,391 shall be used for projects specified in the table
    that appears under the heading ``Congressionally Directed Defense
    Environmental Cleanup Projects'' in the text and table under this
    heading in the explanatory statement described in section 4 (in the
    matter preceding division A of this consolidated Act).

                            Other Defense Activities

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

                         Defense Nuclear Waste Disposal

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

                         POWER MARKETING ADMINISTRATIONS

                      Bonneville Power Administration Fund

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

          Operation and Maintenance, Southeastern Power Administration

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

    [[Page 123 STAT. 624]]

    purchase power and wheeling expenses shall be credited to this account
    as offsetting collections, to remain available until expended for the
    sole purpose of making purchase power and wheeling expenditures.

          Operation and Maintenance, Southwestern Power Administration

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

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

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

                Falcon and Amistad Operating and Maintenance Fund

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

    [[Page 123 STAT. 625]]

                      Federal Energy Regulatory Commission

                              Salaries and Expenses

        For necessary expenses of the Federal Energy Regulatory Commission
    to carry out the provisions of the Department of Energy Organization Act
    (42 U.S.C. 7101 et seq.), including services as authorized by 5 U.S.C.
    3109, the hire of passenger motor vehicles, and official reception and
    representation expenses not to exceed $3,000, $273,400,000, to remain
    available until expended: Provided, That notwithstanding <<NOTE: 42 USC
    7171 note.>>  any other provision of law, not to exceed $273,400,000 of
    revenues from fees and annual charges, and other services and
    collections in fiscal year 2009 shall be retained and used for necessary
    expenses in this account, and shall remain available until expended:
    Provided further, That the sum herein appropriated from the general fund
    shall be reduced as revenues are received during fiscal year 2009 so as
    to result in a final fiscal year 2009 appropriation from the general
    fund estimated at not more than $0.

                    GENERAL PROVISIONS--DEPARTMENT OF ENERGY

        Sec. 301. <<NOTE: Waiver authority.>>  Contract Competition. (a)
    None of the funds in this or any other appropriations Act for fiscal
    year 2009 or any previous fiscal year may be used to make payments for a
    noncompetitive management and operating contract, or a contract for
    environmental remediation or waste management in excess of $100,000,000
    in annual funding at a current or former management and operating
    contract site or facility, or to award a significant extension or
    expansion to an existing management and operating contract, or other
    contract covered by this section, unless such contract is awarded using
    competitive procedures or the Secretary of Energy grants, on a case-by-
    case basis, a waiver to allow for such a deviation. The Secretary may
    not delegate the authority to grant such a waiver.

        (b) Within <<NOTE: Deadline. Notification. Reports.>>  30 days of
    formally notifying an incumbent contractor that the Secretary intends to
    grant such a waiver, the Secretary shall submit to the Subcommittees on
    Energy and Water Development of the Committees on Appropriations of the
    House of Representatives and the Senate a report notifying the
    Subcommittees of the waiver and setting forth, in specificity, the
    substantive reasons why the Secretary believes the requirement for
    competition should be waived for this particular award.

        (c) In this section the term ``competitive procedures'' has the
    meaning provided in section 4 of the Office of Federal Procurement
    Policy Act (41 U.S.C. 403) and includes procedures described in section
    303 of the Federal Property and Administrative Services Act of 1949 (41
    U.S.C. 253) other than a procedure that solicits a proposal from only
    one source.
        Sec. 302. Unfunded Requests for Proposals. None of the funds
    appropriated by this Act may be used to prepare or initiate Requests For
    Proposals (RFPs) for a program if the program has not been funded by
    Congress.
        Sec. 303. Department of Energy Defense Nuclear Facilities Workforce
    Restructuring. None of the funds appropriated by this Act may be used--
                (1) to augment the funds made available for obligation by
            this Act for severance payments and other benefits and

    [[Page 123 STAT. 626]]

            community assistance grants under section 4604 of the Atomic
            Energy Defense Act (50 U.S.C. 2704) unless the Department of
            Energy submits a reprogramming request to the appropriate
            congressional committees; or
                (2) to provide enhanced severance payments or other benefits
            for employees of the Department of Energy under such section; or
                (3) develop or implement a workforce restructuring plan that
            covers employees of the Department of Energy.

        Sec. 304. Unexpended Balances. The unexpended balances of prior
    appropriations provided for activities in this Act may be available to
    the same appropriation accounts for such activities established pursuant
    to this title. Available balances may be merged with funds in the
    applicable established accounts and thereafter may be accounted for as
    one fund for the same time period as originally enacted.
        Sec. 305. <<NOTE: Certification.>>  Bonneville Power Authority
    Service Territory. None of the funds in this or any other Act for the
    Administrator of the Bonneville Power Administration may be used to
    enter into any agreement to perform energy efficiency services outside
    the legally defined Bonneville service territory, with the exception of
    services provided internationally, including services provided on a
    reimbursable basis, unless the Administrator certifies in advance that
    such services are not available from private sector businesses.

        Sec. 306. <<NOTE: Public information.>>  User Facilities. When the
    Department of Energy makes a user facility available to universities or
    other potential users, or seeks input from universities or other
    potential users regarding significant characteristics or equipment in a
    user facility or a proposed user facility, the Department shall ensure
    broad public notice of such availability or such need for input to
    universities and other potential users. When the Department of Energy
    considers the participation of a university or other potential user as a
    formal partner in the establishment or operation of a user facility, the
    Department shall employ full and open competition in selecting such a
    partner. For purposes of this section, the term ``user facility''
    includes, but is not limited to: (1) a user facility as described in
    section 2203(a)(2) of the Energy Policy Act of 1992 (42 U.S.C.
    13503(a)(2)); (2) a National Nuclear Security Administration Defense
    Programs Technology Deployment Center/User Facility; and (3) any other
    Departmental facility designated by the Department as a user facility.

        Sec. 307. Intelligence Activities. Funds appropriated by this or any
    other Act, or made available by the transfer of funds in this Act, for
    intelligence activities are deemed to be specifically authorized by the
    Congress for purposes of section 504 of the National Security Act of
    1947 (50 U.S.C. 414) during fiscal year 2009 until the enactment of the
    Intelligence Authorization Act for fiscal year 2009.
        Sec. 308. <<NOTE: 50 USC 2791a.>>  Laboratory Directed Research and
    Development. Of the funds made available by the Department of Energy for
    activities at government-owned, contractor-operated laboratories funded
    in this Act or subsequent Energy and Water Development Appropriations
    Acts, the Secretary may authorize a specific amount, not to exceed 8
    percent of such funds, to be used by such laboratories for laboratory
    directed research and development: Provided, That the Secretary may also
    authorize a specific amount not to exceed 4 percent of such funds, to be
    used by the plant manager of

    [[Page 123 STAT. 627]]

    a covered nuclear weapons production plant or the manager of the Nevada
    Site Office for plant or site directed research and development:
    Provided further, That notwithstanding Department of Energy order
    413.2A, dated January 8, 2001, beginning in fiscal year 2006 and
    thereafter, all DOE laboratories may be eligible for laboratory directed
    research and development funding.

        Sec. 309. Reliable Replacement Warhead.  None of the funds provided
    in this Act shall be available for the Reliable Replacement Warhead
    (RRW).
        Sec. 310. <<NOTE: 50 USC 2743a.>>  General Plant Projects. Plant or
    construction projects for which amounts are made available under this
    and subsequent appropriation Acts with a current estimated cost of less
    than $10,000,000 are considered for purposes of section 4703 of Public
    Law 107-314 as a plant project for which the approved total estimated
    cost does not exceed the minor construction threshold and for purposes
    of section 4704 of Public Law 107-314 as a construction project with a
    current estimated cost of less than a minor construction threshold.

        Sec. 311. <<NOTE: Inventory. Reports. Deadline.>>  Energy
    Production.  The Secretary of Energy shall provide funding to the
    National Academy of Sciences to conduct an inventory of the energy
    development potential on all lands currently managed by the Department
    of Energy together with a report, to be submitted not later than July 1,
    2009, which includes (1) a detailed analysis of all such resources
    including oil, gas, coal, solar, wind, geothermal and other renewable
    resources on such lands, (2) a delineation of the resources presently
    available for development as well as those potentially available in the
    future, and (3) an analysis of the environmental impacts associated with
    any future development including actions necessary to mitigate negative
    impacts.

        Sec. 312. Reno Hydrogen Fuel Project. (a) The non-Federal share of
    project costs shall be 20 percent.
        (b) The cost of project vehicles, related facilities, and other
    activities funded from the Federal Transit Administration sections 5307,
    5308, 5309, and 5314 program, including the non-Federal share for the
    FTA funds, is an eligible component of the non-Federal share for this
    project.
        (c) Contribution of the non-Federal share of project costs for all
    grants made for this project may be deferred until the entire project is
    completed.
        (d) All operations and maintenance costs associated with vehicles,
    equipment, and facilities utilized for this project are eligible project
    costs.
        (e) This <<NOTE: Applicability.>>  section applies to project
    appropriations beginning in fiscal year 2004.

        Sec. 313. <<NOTE: 42 USC 16274a.>>  Integrated University Program.
    (a) The Secretary of Energy, along with the Administrator of the
    National Nuclear Security Administration and the Chairman of the Nuclear
    Regulatory Commission, shall establish an Integrated University Program.

        (b) For the purposes of carrying out this section, $45,000,000 is
    authorized to be appropriated in each of fiscal years 2009 to 2019 as
    follows:
                (1) $15,000,000 for the Department of Energy;
                (2) $15,000,000 for the Nuclear Regulatory Commission; and

    [[Page 123 STAT. 628]]

                (3) $15,000,000 for the National Nuclear Security
            Administration.

        (c) Of the amounts authorized to carry out this section, $10,000,000
    shall be used by each organization to support university research and
    development in areas relevant to their respective organization's
    mission, and $5,000,000 shall be used by each organization to support a
    jointly implemented Nuclear Science and Engineering Grant Program that
    will support multiyear research projects that do not align with
    programmatic missions but are critical to maintaining the discipline of
    nuclear science and engineering.

                                    TITLE IV

                              INDEPENDENT AGENCIES

                         Appalachian Regional Commission

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

                     Defense Nuclear Facilities Safety Board

                              Salaries and Expenses

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

                            Delta Regional Authority

                              Salaries and Expenses

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

                                Denali Commission

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

    [[Page 123 STAT. 629]]

                          Nuclear Regulatory Commission

                              Salaries and Expenses

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

                           office of inspector general

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

                      Nuclear Waste Technical Review Board

                              Salaries and Expenses

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

    [[Page 123 STAT. 630]]

    Office of the Federal Coordinator for Alaska Natural Gas Transportation
                                    Projects

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

                                     TITLE V

                               GENERAL PROVISIONS

        Sec. 501. <<NOTE: Lobbying.>>  None of the funds appropriated by
    this Act may be used in any way, directly or indirectly, to influence
    congressional action on any legislation or appropriation matters pending
    before Congress, other than to communicate to Members of Congress as
    described in 18 U.S.C. 1913.

        Sec. 502. None of the funds made available in this Act may be
    transferred to any department, agency, or instrumentality of the United
    States Government, except pursuant to a transfer made by, or transfer
    authority provided in this Act or any other appropriation Act.
        This division may be cited as the ``Energy and Water Development and
    Related Agencies Appropriations Act, 2009''.

    DIVISION D--FINANCIAL <<NOTE: Financial Services and General Government
    Appropriations Act, 2009. Department of the Treasury Appropriations Act,
    2009.>>  SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2009

                                     TITLE I

                           DEPARTMENT OF THE TREASURY

                              Departmental Offices

                              salaries and expenses

                          (including transfer of funds)

        For necessary expenses of the Departmental Offices including
    operation and maintenance of the Treasury Building and Annex; hire of
    passenger motor vehicles; maintenance, repairs, and improvements of, and
    purchase of commercial insurance policies for, real properties leased or
    owned overseas, when necessary for the performance of official business,
    $278,870,000, of which not to exceed $21,619,000 is for executive
    direction program activities; not to exceed $45,910,000 is for economic
    policies and programs activities; not to exceed $36,039,000 is for
    financial policies and programs activities; not to exceed $62,098,000 is
    for terrorism and financial intelligence activities; not to exceed
    $21,600,000 is for Treasury-wide management policies and programs
    activities; and not to exceed $91,604,000 is for administration programs
    activities: Provided, That <<NOTE: Notification.>>  the Secretary of the
    Treasury is authorized to transfer funds appropriated for any program
    activity of the Departmental Offices to any other program activity of
    the Departmental Offices upon notification to the House and Senate
    Committees on

    [[Page 123 STAT. 631]]

    Appropriations: Provided further, That no appropriation for any program
    activity shall be increased or decreased by more than 4 percent by all
    such transfers: Provided further, That any change in funding greater
    than 4 percent shall be submitted for approval to the House and Senate
    Committees on Appropriations: Provided further, That of the amount
    appropriated under this heading, not to exceed $3,000,000, to remain
    available until September 30, 2010, is for information technology
    modernization requirements; not to exceed $200,000 is for official
    reception and representation expenses; and not to exceed $258,000 is for
    unforeseen emergencies of a confidential nature, to be allocated and
    expended under the direction of the Secretary of the Treasury and to be
    accounted for solely on his certificate: Provided further, That of the
    amount appropriated under this heading, $5,232,443, to remain available
    until September 30, 2010, is for the Treasury-wide Financial Statement
    Audit and Internal Control Program, of which such amounts as may be
    necessary may be transferred to accounts of the Department's offices and
    bureaus to conduct audits: Provided further, That this transfer
    authority shall be in addition to any other provided in this Act:
    Provided further, That of the amount appropriated under this heading,
    $500,000, to remain available until September 30, 2010, is for secure
    space requirements: Provided further, That of the amount appropriated
    under this heading, $1,100,000, to remain available until September 30,
    2010, is for salary and benefits for hiring of personnel whose work will
    require completion of a security clearance investigation in order to
    perform highly classified work to further the activities of the Office
    of Terrorism and Financial Intelligence: Provided further, That of the
    amount appropriated under this heading, $3,400,000, to remain available
    until September 30, 2011, is to develop and implement programs within
    the Office of Critical Infrastructure Protection and Compliance Policy,
    including entering into cooperative agreements: Provided further, That
    of the amount appropriated under this heading $3,000,000 to remain
    available until September 30, 2011, is for modernizing the Office of
    Debt Management's information technology.

            department-wide systems and capital investments programs

                          (including transfer of funds)

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

    [[Page 123 STAT. 632]]

                           Office of Inspector General

                              Salaries and Expenses

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

                treasury inspector general for tax administration

                              salaries and expenses

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

                      Financial Crimes Enforcement Network

                              salaries and expenses

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

                            Treasury Forfeiture Fund

                                  (RESCISSION)

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

    [[Page 123 STAT. 633]]

                          Financial Management Service

                              salaries and expenses

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

                    Alcohol and Tobacco Tax and Trade Bureau

                              Salaries and Expenses

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

                               United States Mint

                    united states mint public enterprise fund

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

                            Bureau of the Public Debt

                          administering the public debt

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

    [[Page 123 STAT. 634]]

        Community Development Financial Institutions Fund Program Account

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

                            Internal Revenue Service

                                taxpayer services

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

                                   enforcement

                          (including transfer of funds)

        For necessary expenses of the Internal Revenue Service to determine
    and collect owed taxes, to provide legal and litigation support, to
    conduct criminal investigations, to enforce criminal statutes related to
    violations of internal revenue laws and other financial crimes, to
    purchase (for police-type use, not to exceed 850) and hire passenger
    motor vehicles (31 U.S.C. 1343(b)), and to provide other services as
    authorized by 5 U.S.C. 3109, at such rates as may be determined by the
    Commissioner, $5,117,267,000, of

    [[Page 123 STAT. 635]]

    which not less than $57,252,000 shall be for the Interagency Crime and
    Drug Enforcement program: Provided, That up to $10,000,000 may be
    transferred as necessary from this account to ``Operations Support''
    solely for the purposes of the Interagency Crime and Drug Enforcement
    program: Provided further, That this transfer authority shall be in
    addition to any other transfer authority provided in this Act.

                               operations support

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

                         business systems modernization

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

                   health insurance tax credit administration

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

    [[Page 123 STAT. 636]]

               administrative provisions--internal revenue service

                          (including transfer of funds)

        Sec. 101.  Not to exceed 5 percent of any appropriation made
    available in this Act to the Internal Revenue Service or not to exceed 3
    percent of appropriations under the heading ``Enforcement'' may be
    transferred to any other Internal Revenue Service appropriation upon the
    advance approval of the Committees on Appropriations.
        Sec. 102.  The Internal Revenue Service shall maintain a training
    program to ensure that Internal Revenue Service employees are trained in
    taxpayers' rights, in dealing courteously with taxpayers, and in cross-
    cultural relations.
        Sec. 103.  The <<NOTE: Confidentiality.>>  Internal Revenue Service
    shall institute and enforce policies and procedures that will safeguard
    the confidentiality of taxpayer information.

        Sec. 104.  Funds made available by this or any other Act to the
    Internal Revenue Service shall be available for improved facilities and
    increased staffing to provide sufficient and effective 1-800 help line
    service for taxpayers. The Commissioner shall continue to make the
    improvement of the Internal Revenue Service 1-800 help line service a
    priority and allocate resources necessary to increase phone lines and
    staff to improve the Internal Revenue Service 1-800 help line service.
        Sec. 105. Of the funds made available by this Act to the Internal
    Revenue Service, not less than $6,997,000,000 shall be available only
    for tax enforcement. In addition, of the funds made available by this
    Act to the Internal Revenue Service, and subject to the same terms and
    conditions, $490,000,000 shall be available for enhanced tax law
    enforcement.
        Sec. 106.  None <<NOTE: Contracts.>>  of the funds made available in
    this Act may be used to enter into, renew, extend, administer,
    implement, enforce, or provide oversight of any qualified tax collection
    contract (as defined in section 6306 of the Internal Revenue Code of
    1986).

              Administrative Provisions--Department of the Treasury

                         (including transfers of funds)

        Sec. 107.  Appropriations to the Department of the Treasury in this
    Act shall be available for uniforms or allowances therefor, as
    authorized by law (5 U.S.C. 5901), including maintenance, repairs, and
    cleaning; purchase of insurance for official motor vehicles operated in
    foreign countries; purchase of motor vehicles without regard to the
    general purchase price limitations for vehicles purchased and used
    overseas for the current fiscal year; entering into contracts with the
    Department of State for the furnishing of health and medical services to
    employees and their dependents serving in foreign countries; and
    services authorized by 5 U.S.C. 3109.
        Sec. 108.  Not to exceed 2 percent of any appropriations in this Act
    made available to the Departmental Offices--Salaries and Expenses,
    Office of Inspector General, Financial Management Service, Alcohol and
    Tobacco Tax and Trade Bureau, Financial Crimes Enforcement Network, and
    Bureau of the Public Debt, may be transferred between such
    appropriations upon the advance approval of the Committees on
    Appropriations: Provided, That no

    [[Page 123 STAT. 637]]

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

    [[Page 123 STAT. 638]]

     TITLE II <<NOTE: Executive Office of the President Appropriations Act,
    2009.>>

        EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
                                    PRESIDENT

                          Compensation of the President

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

                               White House Office

                              salaries and expenses

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

                     Executive Residence at the White House

                               operating expenses

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

                              reimbursable expenses

        For the reimbursable expenses of the Executive Residence at the
    White House, such sums as may be necessary: Provided, That all
    reimbursable operating expenses of the Executive Residence shall be made
    in accordance with the provisions of this paragraph: Provided further,
    That, notwithstanding any other provision of law, such amount for
    reimbursable operating expenses shall be the exclusive authority of the
    Executive Residence to incur obligations and to receive offsetting
    collections, for such expenses: Provided further, That the Executive
    Residence shall require each person sponsoring a reimbursable political
    event to pay in advance an amount equal to the estimated cost of the
    event, and all such advance payments shall be credited to this account
    and remain available until expended: Provided further, That the
    Executive Residence shall require the national committee of the
    political party of the President to maintain on deposit $25,000, to be
    separately accounted for and available for expenses relating to
    reimbursable political events

    [[Page 123 STAT. 639]]

    sponsored by such committee during such fiscal
    year: <<NOTE: Notice. Deadlines.>>  Provided further, That the Executive
    Residence shall ensure that a written notice of any amount owed for a
    reimbursable operating expense under this paragraph is submitted to the
    person owing such amount within 60 days after such expense is incurred,
    and that such amount is collected within 30 days after the submission of
    such notice: Provided further, That <<NOTE: Fines. Deadline.>>  the
    Executive Residence shall charge interest and assess penalties and other
    charges on any such amount that is not reimbursed within such 30 days,
    in accordance with the interest and penalty provisions applicable to an
    outstanding debt on a United States Government claim under section 3717
    of title 31, United States Code: Provided further, That each such amount
    that is reimbursed, and any accompanying interest and charges, shall be
    deposited in the Treasury as miscellaneous
    receipts: <<NOTE: Deadline. Reports.>>  Provided further, That the
    Executive Residence shall prepare and submit to the Committees on
    Appropriations, by not later than 90 days after the end of the fiscal
    year covered by this Act, a report setting forth the reimbursable
    operating expenses of the Executive Residence during the preceding
    fiscal year, including the total amount of such expenses, the amount of
    such total that consists of reimbursable official and ceremonial events,
    the amount of such total that consists of reimbursable political events,
    and the portion of each such amount that has been reimbursed as of the
    date of the report: <<NOTE: Records.>>  Provided further, That the
    Executive Residence shall maintain a system for the tracking of expenses
    related to reimbursable events within the Executive Residence that
    includes a standard for the classification of any such expense as
    political or nonpolitical: Provided further, That no provision of this
    paragraph may be construed to exempt the Executive Residence from any
    other applicable requirement of subchapter I or II of chapter 37 of
    title 31, United States Code.

                       White House Repair and Restoration

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

                          Council of Economic Advisers

                              salaries and expenses

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

                          Office of Policy Development

                              salaries and expenses

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

    [[Page 123 STAT. 640]]

                            National Security Council

                              salaries and expenses

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

                            Office of Administration

                              salaries and expenses

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

                         Office of Management and Budget

                              salaries and expenses

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

    [[Page 123 STAT. 641]]

                     Office of National Drug Control Policy

                              salaries and expenses

        For necessary expenses of the Office of National Drug Control
    Policy; for research activities pursuant to the Office of National Drug
    Control Policy Reauthorization Act of 2006 (Public Law 109-469); not to
    exceed $10,000 for official reception and representation expenses; and
    for participation in joint projects or in the provision of services on
    matters of mutual interest with nonprofit, research, or public
    organizations or agencies, with or without reimbursement, $27,200,000;
    of which $1,300,000 shall remain available until expended for policy
    research and evaluation: Provided, That the Office is <<NOTE: 21 USC
    1702 note.>>  authorized to accept, hold, administer, and utilize gifts,
    both real and personal, public and private, without fiscal year
    limitation, for the purpose of aiding or facilitating the work of the
    Office.

                    Counterdrug Technology Assessment Center

                          (including transfer of funds)

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

                          federal drug control programs

                  High Intensity Drug Trafficking Areas Program

                         (including transfers of funds)

        For necessary <<NOTE: Deadline.>>  expenses of the Office of
    National Drug Control Policy's High Intensity Drug Trafficking Areas
    Program, $234,000,000, to remain available until September 30, 2010, for
    drug control activities consistent with the approved strategy for each
    of the designated High Intensity Drug Trafficking Areas, of which no
    less than 51 percent shall be transferred to State and local entities
    for drug control activities, which shall be obligated within 120 days
    after enactment of this Act: Provided, That up to 49 percent may be
    transferred to Federal agencies and departments at a rate to be
    determined by the Director, of which up to $2,100,000 may be used for
    auditing services and associated activities, and up to $250,000 of the
    $2,100,000 shall be used to ensure the continued operation and
    maintenance of the Performance Management System: <<NOTE: Funding
    justification.>>  Provided further, That High Intensity Drug Trafficking
    Areas Programs designated as of September 30, 2008, shall be funded at
    no less than the fiscal year 2008 initial allocation levels (as revised
    by the letter from the Director of the Office of National Drug Control
    Policy to the Committees on Appropriations of the House of
    Representatives and the Senate

    [[Page 123 STAT. 642]]

    dated April 8, 2008) or $3,000,000, whichever is greater, unless the
    Director submits to the Committees on Appropriations of the House of
    Representatives and the Senate, and the Committees approve,
    justification for changes in those levels based on clearly articulated
    priorities for the High Intensity Drug Trafficking Areas Programs, as
    well as published Office of National Drug Control Policy performance
    measures of effectiveness: Provided further, That no High Intensity Drug
    Trafficking Area shall receive more than $47,457,447 as its fiscal year
    2009 initial allocation level: Provided further, That, notwithstanding
    the requirements of Public Law 106-58, any unexpended funds obligated
    prior to fiscal year 2007 for programs addressing the treatment or
    prevention of drug use as part of the approved strategy for a designated
    High Intensity Drug Trafficking Area may be used for other approved
    activities of that High Intensity Drug Trafficking
    Area: <<NOTE: Notification. Deadline.>>  Provided further, That the
    Office of National Drug Control Policy (ONDCP) shall notify the
    Committees on Appropriations of the House of Representatives and the
    Senate of the initial High-Intensity Drug Trafficking Area (HIDTA)
    allocation funding within 45 days after the enactment of this
    Act: <<NOTE: Recommen- dations. Deadline.>>  Provided further, That
    ONDCP shall submit recommendations for approval to the Committees on
    Appropriations for the use of discretionary HIDTA funding, according to
    a framework proposed jointly by the HIDTA Directors and ONDCP, within 90
    days after the enactment of this Act.

                       Other Federal Drug Control Programs

                          (including transfer of funds)

        For activities to support a national anti-drug campaign for youth,
    and for other purposes, authorized by the Office of National Drug
    Control Policy Reauthorization Act of 2006 (Public Law 109-469),
    $174,700,000, to remain available until expended, of which the amounts
    are available as follows: $70,000,000 to support a national media
    campaign, of which at least $8,000,000 shall be designated for
    methamphetamine prevention messages: Provided, That the Office of
    National Drug Control Policy shall maintain funding for non-advertising
    services for the media campaign at no less than the fiscal year 2003
    ratio of service funding to total funds and shall continue the corporate
    outreach program; $90,000,000 to continue a program of matching grants
    to drug-free communities, of which $2,000,000 shall be made available as
    directed by section 4 of Public Law 107-82, as amended by Public Law
    109-469 (21 U.S.C. 1521 note): Provided further, That any grantee
    seeking a renewal grant (year 2 through 5, or year 7 through 10) that is
    determined to be ineligible or not entitled to continuation funding for
    any reason, shall be afforded a fair, timely, and independent appeal
    prior to the beginning of the subsequent funding year before being
    denied a renewal grant; $1,250,000 for the National Drug Court
    Institute; $9,800,000 for the United States Anti-Doping Agency for anti-
    doping activities; $1,900,000 for the United States membership dues to
    the World Anti-Doping Agency; $1,250,000 for the National Alliance for
    Model State Drug Laws; and $500,000 for evaluations and research related
    to National Drug Control Program performance measures: Provided further,
    That such funds may be transferred to other Federal departments and
    agencies to carry out such activities: Provided further, That of the
    amounts appropriated for a national media campaign, not

    [[Page 123 STAT. 643]]

    to exceed 10 percent shall be for administration, advertising
    production, research and testing, labor, and related costs of the
    national media campaign.

                               Unanticipated Needs

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

                 Presidential Transition Administrative Support

                          (including transfer of funds)

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

                       Special Assistance to the President

                              salaries and expenses

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

                    Official Residence of the Vice President

                               operating expenses

                          (including transfer of funds)

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

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

                          (including transfer of funds)

        Sec. 201. <<NOTE: Notification.>>   From funds made available in
    this Act under the headings ``White House Office'', ``Executive
    Residence at the White

    [[Page 123 STAT. 644]]

    House'', ``White House Repair and Restoration'', ``Council of Economic
    Advisors'', ``National Security Council'', ``Office of Administration'',
    ``Office of Policy Development'', ``Special Assistance to the
    President'', and ``Official Residence of the Vice President'', the
    Director of the Office of Management and Budget (or such other officer
    as the President may designate in writing), may, 15 days after giving
    notice to the Committees on Appropriations of the House of
    Representatives and the Senate, transfer not to exceed 10 percent of any
    such appropriation to any other such appropriation, to be merged with
    and available for the same time and for the same purposes as the
    appropriation to which transferred: Provided, That the amount of an
    appropriation shall not be increased by more than 50 percent by such
    transfers: Provided further, That no amount shall be transferred from
    ``Special Assistance to the President'' or ``Official Residence of the
    Vice President'' without the approval of the Vice President.

        Sec. 202. <<NOTE: Deadline. Financial plan.>>  The President shall
    submit to the Committees on Appropriations of the House of
    Representatives and the Senate not later than 60 days after the date of
    the enactment of this Act, and prior to the initial obligation of funds
    appropriated under the heading ``Office of National Drug Control
    Policy'', a detailed narrative and financial plan on the proposed uses
    of all funds under the heading by program, project, and activity, for
    which the obligation of funds is anticipated: Provided, That up to 20
    percent of funds appropriated under this heading may be obligated before
    the submission of the report subject to prior approval of the Committees
    on Appropriations: <<NOTE: Reports. Deadlines.>>  Provided further, That
    the report shall be updated and submitted to the Committees on
    Appropriations every 6 months and shall include information detailing
    how the estimates and assumptions contained in previous reports have
    changed: Provided further, That any new projects and changes in funding
    of ongoing projects shall be subject to the prior approval of the
    Committees on Appropriations.

        Sec. 203. Not to exceed 2 percent of any appropriations in this Act
    made available to the Office of National Drug Control Policy may be
    transferred between appropriated programs upon the advance approval of
    the Committees on Appropriations: Provided, That no transfer may
    increase or decrease any such appropriation by more than 3 percent.
        Sec. 204. Not to exceed $1,000,000 of any appropriations in this Act
    made available to the Office of National Drug Control Policy may be
    reprogrammed within a program, project, or activity upon the advance
    approval of the Committees on Appropriations.
         This title may be cited as the ``Executive Office of the President
    Appropriations Act, 2009''.

    TITLE III <<NOTE: Judiciary Appropriations Act, 2009.>>

                                  THE JUDICIARY

                       Supreme Court of the United States

                              salaries and expenses

        For expenses necessary for the operation of the Supreme Court, as
    required by law, excluding care of the building and grounds, including
    purchase or hire, driving, maintenance, and operation of an automobile
    for the Chief Justice, not to exceed $10,000 for

    [[Page 123 STAT. 645]]

    the purpose of transporting Associate Justices, and hire of passenger
    motor vehicles as authorized by 31 U.S.C. 1343 and 1344; not to exceed
    $10,000 for official reception and representation expenses; and for
    miscellaneous expenses, to be expended as the Chief Justice may approve,
    $69,777,000, of which $2,000,000 shall remain available until expended.

                        care of the building and grounds

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

             United States Court of Appeals for the Federal Circuit

                              salaries and expenses

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

                   United States Court of International Trade

                              Salaries and Expenses

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

         Courts of Appeals, District Courts, and Other Judicial Services

                              Salaries and Expenses

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

                                defender services

        For the operation of Federal Defender organizations; the
    compensation and reimbursement of expenses of attorneys appointed to
    represent persons under section 3006A of title 18, United States Code,
    and also under section 3599 of title 18, United States Code, in cases in
    which a defendant is charged with a crime that may

    [[Page 123 STAT. 646]]

    be punishable by death; the compensation and reimbursement of expenses
    of persons furnishing investigative, expert, and other services under
    section 3006A(e) of title 18, United States Code, and also under section
    3599(f) and (g)(2) of title 18, United States Code, in cases in which a
    defendant is charged with a crime that may be punishable by death; the
    compensation (in accordance with the maximums under section 3006A of
    title 18, United States Code) and reimbursement of expenses of attorneys
    appointed to assist the court in criminal cases where the defendant has
    waived representation by counsel; the compensation and reimbursement of
    travel expenses of guardians ad litem acting on behalf of financially
    eligible minor or incompetent offenders in connection with transfers
    from the United States to foreign countries with which the United States
    has a treaty for the execution of penal sentences; the compensation and
    reimbursement of expenses of attorneys appointed to represent jurors in
    civil actions for the protection of their employment, as authorized by
    28 U.S.C. 1875(d); the compensation and reimbursement of expenses of
    attorneys appointed under 18 U.S.C. 983(b)(1) in connection with certain
    judicial civil forfeiture proceedings; and for necessary training and
    general administrative expenses, $849,400,000, to remain available until
    expended.

                        fees of jurors and commissioners

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

                                 court security

                         (including transfers of funds)

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

    [[Page 123 STAT. 647]]

                Administrative Office of the United States Courts

                              salaries and expenses

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

                             Federal Judicial Center

                              salaries and expenses

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

                            Judicial Retirement Funds

                        payment to judiciary trust funds

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

                       United States Sentencing Commission

                              salaries and expenses

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

                    Administrative Provisions--The Judiciary

                          (including transfer of funds)

        Sec. 301.  Appropriations and authorizations made in this title
    which are available for salaries and expenses shall be available for
    services as authorized by 5 U.S.C. 3109.
        Sec. 302.  Not to exceed 5 percent of any appropriation made
    available for the current fiscal year for the Judiciary in this Act may
    be transferred between such appropriations, but no such appropriation,
    except ``Courts of Appeals, District Courts, and Other Judicial
    Services, Defender Services'' and ``Courts of Appeals, District Courts,
    and Other Judicial Services, Fees of Jurors and Commissioners'', shall
    be increased by more than 10 percent by any such transfers: Provided,
    That any transfer pursuant to this section shall be treated as a
    reprogramming of funds under sections

    [[Page 123 STAT. 648]]

    604 and 608 of this Act and shall not be available for obligation or
    expenditure except in compliance with the procedures set forth in
    section 608.
        Sec. 303.  Notwithstanding any other provision of law, the salaries
    and expenses appropriation for ``Courts of Appeals, District Courts, and
    Other Judicial Services'' shall be available for official reception and
    representation expenses of the Judicial Conference of the United States:
    Provided, That such available funds shall not exceed $11,000 and shall
    be administered by the Director of the Administrative Office of the
    United States Courts in the capacity as Secretary of the Judicial
    Conference.
        Sec. 304.  Within <<NOTE: Deadline. Financial plan.>>  90 days after
    the date of the enactment of this Act, the Administrative Office of the
    U.S. Courts shall submit to the Committees on Appropriations a
    comprehensive financial plan for the Judiciary allocating all sources of
    available funds including appropriations, fee collections, and carryover
    balances, to include a separate and detailed plan for the Judiciary
    Information Technology Fund.

        Sec. 305.  Section <<NOTE: Applicability.>>  3314(a) of title 40,
    United States Code, shall be applied by substituting ``Federal'' for
    ``executive'' each place it appears.

        Sec. 306.  In accordance with 28 U.S.C. 561-569, and notwithstanding
    any other provision of law, the United States Marshals Service shall
    provide, for such courthouses as its Director may designate in
    consultation with the Director of the Administrative Office of the
    United States Courts, for purposes of a pilot program, the security
    services that 40 U.S.C. 1315 authorizes the Department of Homeland
    Security to provide, except for the services specified in 40 U.S.C.
    1315(b)(2)(E). <<NOTE: Reimbursements.>>  For building-specific security
    services at these courthouses, the Director of the Administrative Office
    of the United States Courts shall reimburse the United States Marshals
    Service rather than the Department of Homeland Security.

        Sec. 307. (a). In General.--Section 604(a)(5) of title 28, United
    States Code, is amended by striking ``magistrate judges appointed under
    section 631 of this title,'' and inserting the following: ``, United
    States magistrate judges, bankruptcy judges appointed under chapter 6 of
    this title, judges of the District Court of Guam, judges of the District
    Court for the Northern Mariana Islands, judges of the District Court of
    the Virgin Islands, bankruptcy judges and magistrate judges retired
    under section 377 of this title, and judges retired under section 373 of
    this title, who are''.
        (b) Construction.--For <<NOTE: 5 USC 8701 note.>>  purposes of
    construing and applying chapter 87 of title 5, United States Code,
    including any adjustment of insurance rates by regulation or otherwise,
    the following categories of judicial officers shall be deemed to be
    judges of the United States as described under section 8701 of title 5,
    United States Code:
                (1) United States magistrate judges.
                (2) Bankruptcy judges appointed under chapter 6 of title 28,
            United States Code.
                (3) Judges of the District Court of Guam, judges of the
            District Court for the Northern Mariana Islands, and judges of
            the District Court of the Virgin Islands.
                (4) Bankruptcy judges and magistrate judges retired under
            section 377 of title 28, United States Code.

    [[Page 123 STAT. 649]]

                (5) Judges retired under section 373 of title 28, United
            States Code.

        (c) Effective Date.--Subsection <<NOTE: 28 USC 604 note.>>  (b) and
    the amendment made by subsection (a) shall apply with respect to any
    payment made on or after the first day of the first applicable pay
    period beginning on or after the date of the enactment of Public Law
    110-177.

        Sec. 308.  Subsection (c) of section 407 of the Transportation,
    Treasury, Housing and Urban Development, the Judiciary, the District of
    Columbia, and Independent Agencies Appropriations Act, 2006 (division A,
    title IV, of Public Law 109-115; 119 Stat. 2396, 2471) is <<NOTE: 28 USC
    604 note.>>  repealed.

        Sec. 309.  Section 203(c) of the Judicial Improvements Act of 1990
    (Public Law 101-650; 28 U.S.C. 133 note), is amended--
                (1) in the second sentence, by inserting ``the district of
            Hawaii,'' after ``Pennsylvania,'';
                (2) in the third sentence (relating to the District of
            Kansas), by striking ``17 years'' and inserting ``18 years'';
                (3) in the sixth sentence (relating to the Northern District
            of Ohio), by striking ``17 years'' and inserting ``18 years''.
                (4) by inserting <<NOTE: Deadline.>>  ``The first vacancy in
            the office of the district judge in the district of Hawaii
            occurring 15 years or more after the confirmation date of the
            judge named to fill the temporary judgeship created under this
            subsection shall not be filled.'' after the sixth sentence.

        Sec. 310. <<NOTE: 28 USC 461 note.>>  Pursuant to section 140 of
    Public Law 97-92, and from funds appropriated in this Act, Justices and
    judges of the United States are authorized during fiscal year 2009, to
    receive a salary adjustment in accordance with 28 U.S.C. 461.

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

    TITLE IV <<NOTE: District of Columbia Appropriations Act, 2009.>>

                              DISTRICT OF COLUMBIA

                                  Federal Funds

                  federal payment for resident tuition support

        For a Federal payment to the District of Columbia, to be deposited
    into a dedicated account, for a nationwide program to be administered by
    the Mayor, for District of Columbia resident tuition support,
    $35,100,000, to remain available until expended: Provided, That such
    funds, including any interest accrued thereon, may be used on behalf of
    eligible District of Columbia residents to pay an amount based upon the
    difference between in-State and out-of-State tuition at public
    institutions of higher education, or to pay up to $2,500 each year at
    eligible private institutions of higher education: Provided further,
    That the awarding of such funds may be prioritized on the basis of a
    resident's academic merit, the income and need of eligible students and
    such other factors as may be authorized: <<NOTE: Accounts.>>  Provided
    further, That the District of Columbia government shall maintain a
    dedicated account for the Resident Tuition Support Program that shall
    consist of the Federal funds appropriated to the Program in this Act and
    any subsequent appropriations, any unobligated balances from prior
    fiscal years, and any interest earned in this or any fiscal year:
    Provided further, That the account shall be under the control of the
    District of

    [[Page 123 STAT. 650]]

    Columbia Chief Financial Officer, who shall use those funds solely for
    the purposes of carrying out the Resident Tuition Support Program:
    Provided further, That <<NOTE: Reports. Deadline.>>  the Office of the
    Chief Financial Officer shall provide a quarterly financial report to
    the Committees on Appropriations of the House of Representatives and the
    Senate for these funds showing, by object class, the expenditures made
    and the purpose therefor.

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

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

               federal payment to the district of columbia courts

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

    [[Page 123 STAT. 651]]

    on Appropriations of the House of Representatives and the Senate, the
    District of Columbia Courts may reallocate not more than $1,000,000 of
    the funds provided under this heading among the items and entities
    funded under this heading for operations, and not more than 4 percent of
    the funds provided under this heading for facilities.

                defender services in district of columbia courts

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

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

        For salaries and expenses, including the transfer and hire of motor
    vehicles, of the Court Services and Offender Supervision Agency for the
    District of Columbia, as authorized by the National

    [[Page 123 STAT. 652]]

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

       federal payment to the district of columbia public defender service

        For salaries and expenses, including the transfer and hire of motor
    vehicles, of the District of Columbia Public Defender Service, as
    authorized by the National Capital Revitalization and Self-Government
    Improvement Act of 1997, $35,659,000, of which $700,000 is to remain
    available until September 30, 2010: Provided, That notwithstanding any
    other provision of law, all amounts under this heading shall be
    apportioned quarterly by the Office of Management and Budget and
    obligated and expended in the same manner as funds appropriated for
    salaries and expenses of Federal agencies. Provided further, That for
    fiscal year 2009 and thereafter, the Public Defender Service is
    authorized to charge fees to cover costs of materials distributed and
    training provided to attendees of educational events, including
    conferences, sponsored by the Public Defender Service, and
    notwithstanding 31 U.S.C. 3302, such fees shall be credited to this
    account, to be available until expended without further appropriation.

    [[Page 123 STAT. 653]]

      Federal Payment to the District of Columbia Water and Sewer Authority

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

          federal payment to the criminal justice coordinating council

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

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

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

                     Federal Payment for School Improvement

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

    [[Page 123 STAT. 654]]

               federal payment to jump start public school reform

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

              federal payment for consolidated laboratory facility

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

            federal payment for central library and branch locations

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

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

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

                           District of Columbia Funds

        The following amounts are appropriated for the District of Columbia
    for the current fiscal year out of the General Fund of the District of
    Columbia (``General Fund''), except as otherwise

    [[Page 123 STAT. 655]]

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

         This title may be cited as the ``District of Columbia
    Appropriations Act, 2009''.

    [[Page 123 STAT. 656]]

                                     TITLE V

                              INDEPENDENT AGENCIES

                 Administrative Conference of the United States

                              SALARIES AND EXPENSES

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

                   Christopher Columbus Fellowship Foundation

                              SALARIES AND EXPENSES

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

                      Commodity Futures Trading Commission

                              salaries and expenses

        For necessary expenses to carry out the provisions of the Commodity
    Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of
    passenger motor vehicles, and the rental of space (to include multiple
    year leases) in the District of Columbia and elsewhere, $146,000,000,
    including not to exceed $3,000 for official reception and representation
    expenses: Provided, That $34,734,000 of the total amount appropriated
    under this heading shall not be available for obligation until the
    Commodity Futures Trading Commission submits an expenditure plan for
    fiscal year 2009 to the Committees on Appropriations of the House of
    Representatives and the Senate.

                       Consumer Product Safety Commission

                              salaries and expenses

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

    [[Page 123 STAT. 657]]

                         Election Assistance Commission

                              salaries and expenses

                          (including transfer of funds)

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

                            election reform programs

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

                        Federal Communications Commission

                              salaries and expenses

                          (including transfer of funds)

        For necessary expenses of the Federal Communications Commission, as
    authorized by law, including uniforms and allowances therefor, as
    authorized by 5 U.S.C. 5901-5902; not to exceed $4,000 for official
    reception and representation expenses; purchase and hire of motor
    vehicles; special counsel fees; and services as authorized by 5 U.S.C.
    3109, $341,875,000: Provided, That of the funds provided, not less than
    $3,000,000 shall be available to establish and administer a State
    Broadband Data and Development matching grants program for State-level
    broadband demand aggregation activities and creation of geographic
    inventory maps of broadband service to identify gaps in service and
    provide a baseline assessment of statewide broadband deployment:
    Provided further, That $341,875,000 of offsetting collections shall be
    assessed and collected pursuant to section 9 of title I of the
    Communications Act of 1934, shall be retained and used for necessary
    expenses in this appropriation, and shall remain available until
    expended: Provided further, That the sum herein appropriated shall be
    reduced as such offsetting collections are received during fiscal year
    2009 so as to result in a final fiscal year 2009 appropriation estimated
    at $0: Provided further, That any offsetting collections received in
    excess of $341,875,000 in fiscal year 2009 shall not be available for
    obligation: Provided further, That remaining offsetting collections from
    prior years collected in excess of the amount specified for collection
    in each such year and otherwise becoming available

    [[Page 123 STAT. 658]]

    on October 1, 2008, shall not be available for obligation: Provided
    further, That notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from the
    use of a competitive bidding system that may be retained and made
    available for obligation shall not exceed $85,000,000 for fiscal year
    2009: Provided further, That, in addition, not to exceed $25,480,000 may
    be transferred from the Universal Service Fund in fiscal year 2009 to
    remain available until expended, to monitor the Universal Service Fund
    program to prevent and remedy waste, fraud and abuse, and to conduct
    audits and investigations by the Office of Inspector General.

          Administrative Provisions--Federal Communications Commission

        Sec. 501. Section 302 of the Universal Service Antideficiency
    Temporary Suspension Act <<NOTE: 118 Stat. 3998.>>  is amended by
    striking ``December 31, 2008'', each place it appears and inserting
    ``December 31, 2009''.

        Sec. 502. None of the funds appropriated by this Act may be used by
    the Federal Communications Commission to modify, amend, or change its
    rules or regulations for universal service support payments to implement
    the February 27, 2004 recommendations of the Federal-State Joint Board
    on Universal Service regarding single connection or primary line
    restrictions on universal service support payments.

                      Federal Deposit Insurance Corporation

                           Office of Inspector General

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

                           Federal Election Commission

                              salaries and expenses

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

                        Federal Labor Relations Authority

                              salaries and expenses

        For necessary expenses to carry out functions of the Federal Labor
    Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978,
    and the Civil Service Reform Act of 1978, including services authorized
    by 5 U.S.C. 3109, and including hire of experts and consultants, hire of
    passenger motor vehicles, and rental of conference rooms in the District
    of Columbia and elsewhere, $22,674,000: Provided, That public members of
    the Federal Service Impasses Panel may be paid travel expenses and per
    diem in lieu of subsistence as authorized by law (5 U.S.C. 5703) for
    persons employed intermittently in the Government service, and
    compensation as authorized by 5 U.S.C. 3109: Provided further, That
    notwithstanding 31 U.S.C. 3302, funds received from fees charged to non-

    [[Page 123 STAT. 659]]

    Federal participants at labor-management relations conferences shall be
    credited to and merged with this account, to be available without
    further appropriation for the costs of carrying out these conferences.

                            Federal Trade Commission

                              salaries and expenses

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

                         General Services Administration

                            real property activities

                             federal buildings fund

                     limitations on availability of revenue

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

    [[Page 123 STAT. 660]]

    repair and alteration of federally owned buildings including grounds,
    approaches and appurtenances; care and safeguarding of sites;
    maintenance, preservation, demolition, and equipment; acquisition of
    buildings and sites by purchase, condemnation, or as otherwise
    authorized by law; acquisition of options to purchase buildings and
    sites; conversion and extension of federally owned buildings;
    preliminary planning and design of projects by contract or otherwise;
    construction of new buildings (including equipment for such buildings);
    and payment of principal, interest, and any other obligations for public
    buildings acquired by installment purchase and purchase contract; in the
    aggregate amount of $8,427,771,000, of which: (1) $746,317,000 shall
    remain available until expended for construction (including funds for
    sites and expenses and associated design and construction services) of
    additional projects at the following locations:
                New Construction:
                        Alabama:
                              Tuscaloosa Federal Building, $25,000,000.
                        California:
                              San Diego, United States Courthouse Annex,
                          $110,362,000.
                              San Ysidro, Land Port of Entry, $58,910,000.
                        Colorado:
                              Lakewood, Denver Federal Center Remediation,
                          $10,472,000.
                        District of Columbia:
                              DHS Consolidation and development of St.
                          Elizabeths Campus, $331,390,000.
                              Federal Office Building 8, $15,000,000.
                              St. Elizabeths West Campus Infrastructure,
                          $8,249,000.
                              St. Elizabeths West Campus Site Acquisition,
                          $7,000,000.
                        Maryland:
                              Montgomery County, Food and Drug
                          Administration Consolidation, $163,530,000.
                        North Dakota:
                              Portal, Land Port of Entry, $15,204,000:

    Provided, That each of the foregoing limits of costs on new construction
    projects may be exceeded to the extent that savings are affected in
    other such projects, but not to exceed 10 percent of the amounts
    included in an approved prospectus, if required, unless advance approval
    is obtained from the Committees on Appropriations of a greater
    amount: <<NOTE: Expiration date.>>  Provided further, That all funds for
    direct construction projects shall expire on September 30, 2010 and
    remain in the Federal Buildings Fund except for funds for projects as to
    which funds for design or other funds have been obligated in whole or in
    part prior to such date: Provided further, That <<NOTE: Project plan. 40
    USC 301 note.>>  for fiscal year 2010 and thereafter, the annual budget
    submission of the General Services Administration shall include a
    detailed 5-year plan for Federal building construction projects with a
    yearly update of total projected future funding needs: Provided further,
    That for <<NOTE: Project plan.>>  fiscal year 2010 and thereafter, the
    annual budget submission of the General Services Administration shall,
    in consultation with U.S. Customs and Border Protection, include a
    detailed 5-year plan for Federal land port-of-entry projects with a
    yearly update of total projected future funding needs; (2) $692,374,000

    [[Page 123 STAT. 661]]

    shall remain available until expended for repairs and alterations, which
    includes associated design and construction services:
                Repairs and Alterations:
                        District of Columbia:
                              Eisenhower Executive Office Building, CBR,
                          $14,700,000.
                              Eisenhower Executive Office Building, Phase
                          III, $51,075,000.
                              West Wing Infrastructure Systems Replacement,
                          $76,487,000.
                        Illinois:
                              Chicago, Dirksen Courthouse, $152,825,000.
                        North Carolina:
                              New Bern, United States Post Office and
                          Courthouse, $10,640,000.
                        Special Emphasis Programs:
                              Energy and Water Retrofit and Conservation
                          Measures, $36,647,000.
                        Basic Repairs and Alterations, $350,000,000:

    Provided further, That <<NOTE: Advanced approval.>>  funds made
    available in this or any previous Act in the Federal Buildings Fund for
    Repairs and Alterations shall, for prospectus projects, be limited to
    the amount identified for each project, except each project in this or
    any previous Act may be increased by an amount not to exceed 10 percent
    unless advance approval is obtained from the Committees on
    Appropriations of a greater amount: Provided further,
    That <<NOTE: Advanced approval.>>  additional projects for which
    prospectuses have been fully approved may be funded under this category
    only if advance approval is obtained from the Committees on
    Appropriations: Provided further, That the amounts provided in this or
    any prior Act for ``Repairs and Alterations'' may be used to fund costs
    associated with implementing security improvements to buildings
    necessary to meet the minimum standards for security in accordance with
    current law and in compliance with the reprogramming guidelines of the
    appropriate Committees of the House and Senate: Provided further, That
    the difference between the funds appropriated and expended on any
    projects in this or any prior Act, under the heading ``Repairs and
    Alterations'', may be transferred to Basic Repairs and Alterations or
    used to fund authorized increases in prospectus
    projects: <<NOTE: Expiration date.>>  Provided further, That all funds
    for repairs and alterations prospectus projects shall expire on
    September 30, 2010 and remain in the Federal Buildings Fund except funds
    for projects as to which funds for design or other funds have been
    obligated in whole or in part prior to such date: Provided further, That
    the amount provided in this or any prior Act for Basic Repairs and
    Alterations may be used to pay claims against the Government arising
    from any projects under the heading ``Repairs and Alterations'' or used
    to fund authorized increases in prospectus projects; (3) $149,570,000
    for installment acquisition payments including payments on purchase
    contracts which shall remain available until expended; (4)
    $4,642,156,000 for rental of space which shall remain available until
    expended; and (5) $2,197,354,000 for building operations which shall
    remain available until expended: Provided further, That funds available
    to the General Services Administration shall not be available for
    expenses of any construction, repair, alteration and acquisition project
    for which a prospectus, if required by the Public Buildings Act of 1959,
    has not been approved, except that necessary funds

    [[Page 123 STAT. 662]]

    may be expended for each project for required expenses for the
    development of a proposed prospectus: Provided further, That funds
    available in the Federal Buildings Fund may be expended for emergency
    repairs when advance approval is obtained from the Committees on
    Appropriations: Provided further, That amounts necessary to provide
    reimbursable special services to other agencies under section 210(f)(6)
    of the Federal Property and Administrative Services Act of 1949 (40
    U.S.C. 592(b)(2)) and amounts to provide such reimbursable fencing,
    lighting, guard booths, and other facilities on private or other
    property not in Government ownership or control as may be appropriate to
    enable the United States Secret Service to perform its protective
    functions pursuant to 18 U.S.C. 3056, shall be available from such
    revenues and collections: Provided further, That revenues and
    collections and any other sums accruing to this Fund during fiscal year
    2009, excluding reimbursements under section 210(f)(6) of the Federal
    Property and Administrative Services Act of 1949 (40 U.S.C. 592(b)(2))
    in excess of the aggregate new obligational authority authorized for
    Real Property Activities of the Federal Buildings Fund in this Act shall
    remain in the Fund and shall not be available for expenditure except as
    authorized in appropriations Acts.

                               GENERAL ACTIVITIES

                             Government-wide Policy

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

                               operating expenses

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

                           Office of Inspector General

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

    [[Page 123 STAT. 663]]

                allowances and office staff for former presidents

                          (including transfer of funds)

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

                        presidential transition expenses

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

                          federal citizen services fund

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

           administrative provisions--general services administration

                         (including transfers of funds)

        Sec. 510.  Funds available to the General Services Administration
    shall be available for the hire of passenger motor vehicles.
        Sec. 511.  Funds in the Federal Buildings Fund made available for
    fiscal year 2009 for Federal Buildings Fund activities may be
    transferred between such activities only to the extent necessary to meet
    program requirements: Provided, That <<NOTE: Advanced approval.>>  any
    proposed transfers shall be approved in advance by the Committees on
    Appropriations.

        Sec. 512. Except as otherwise provided in this title, funds made
    available by this Act shall be used to transmit a fiscal year 2010
    request for United States Courthouse construction only if the request:
    (1) meets the design guide standards for construction as established and
    approved by the General Services Administration, the Judicial Conference
    of the United States, and the Office of Management and Budget; (2)
    reflects the priorities of the Judicial Conference of the United States
    as set out in its approved 5-year construction plan; and (3) includes a
    standardized courtroom utilization study of each facility to be
    constructed, replaced, or expanded.
        Sec. 513.  None of the funds provided in this Act may be used to
    increase the amount of occupiable square feet, provide cleaning
    services, security enhancements, or any other service usually provided
    through the Federal Buildings Fund, to any agency that does not pay the
    rate per square foot assessment for space and services as determined by
    the General Services Administration

    [[Page 123 STAT. 664]]

    in compliance with the Public Buildings Amendments Act of 1972 (Public
    Law 92-313).
        Sec. 514.  From funds made available under the heading ``Federal
    Buildings Fund, Limitations on Availability of Revenue'', claims against
    the Government of less than $250,000 arising from direct construction
    projects and acquisition of buildings may be liquidated from savings
    effected in other construction projects with prior notification to the
    Committees on Appropriations.
        Sec. 515.  In <<NOTE: Contracts. Explanatory statement.>>  any case
    in which the Committee on Transportation and Infrastructure of the House
    of Representatives and the Committee on Environment and Public Works of
    the Senate adopt a resolution granting lease authority pursuant to a
    prospectus transmitted to Congress by the Administrator of General
    Services under section 3307 of title 40, United States Code, the
    Administrator shall ensure that the delineated area of procurement is
    identical to the delineated area included in the prospectus for all
    lease agreements, except that, if the Administrator determines that the
    delineated area of the procurement should not be identical to the
    delineated area included in the prospectus, the Administrator shall
    provide an explanatory statement to each of such committees and the
    House and Senate Committees on Appropriations prior to exercising any
    lease authority provided in the resolution.

        Sec. 516.  Subsections (a) and (b)(1) of section 323 of title 40,
    United States Code, are each amended by striking ``Consumer Information
    Center'' and inserting ``Federal Citizen Services''; and subsection (a)
    is further amended by striking ``consumer''.
        Sec. 517. In furtherance of the emergency management policy set
    forth in the Robert T. Stafford Disaster Relief and Emergency Assistance
    Act, the Administrator of the General Services Administration may
    provide for the use of the Federal supply schedules of the General
    Services Administration by relief and disaster assistance organizations
    as described in section 309 of that Act. Purchases under this authority
    shall be limited to use in preparation for, response to, and recovery
    from hazards as defined in section 602 of that Act.
        Sec. 518. Working Capital Fund.  (a) Purpose and Operation of
    Working Capital Fund.--Subsections (a), (b) and (c) of section 3173 of
    title 40, United States Code, are amended to read as follows:
        ``(a) Establishment and Purpose.--There is a working capital fund
    for the necessary expenses of administrative support services including
    accounting, budget, personnel, legal support and other related services;
    and the maintenance and operation of printing and reproduction
    facilities in support of the functions of the General Services
    Administration, other Federal agencies, and other entities; and other
    such administrative and management services that the Administrator of
    GSA deems appropriate and advantageous (subject to prior notice to the
    Office of Management and Budget).
        ``(b) Composition.--
                ``(1) In general.--Amounts received shall be credited to and
            merged with the Fund, to remain available until expended, for
            operating costs and capital outlays of the Fund: Provided, That
            entities for which such services are performed shall be charged
            at rates which will return in full all costs of providing such
            services.
                ``(2) Cost and capital requirements.--The Administrator
            shall determine the cost and capital requirements of the Fund

    [[Page 123 STAT. 665]]

            for each fiscal year and shall develop a plan concerning such
            requirements in consultation with the Chief Financial Officer of
            the General Services Administration. Any change to the cost and
            capital requirements of the Fund for a fiscal year shall be
            approved by the Administrator. The Administrator shall establish
            rates to be charged to entities for which services are
            performed, in accordance with the plan.

        ``(c) Deposit of Excess Amounts in the Treasury.--At the close of
    each fiscal year, after making provision for anticipated operating needs
    reflected in the cost and capital plan developed under subsection (b),
    the uncommitted balance of any funds remaining in the Fund shall be
    transferred to the general fund of the Treasury as miscellaneous
    receipts.''.
        (b) Transfer and Use of Amounts for Major Equipment Acquisitions.--
    Section 3173 of title 40, United States Code, is amended to add
    subsection (d), as follows:
        ``(d) Transfer and Use of Amounts for Major Equipment
    Acquisitions.--
                ``(1) In general.--Subject to subparagraph (2), unobligated
            balances of amounts appropriated or otherwise made available to
            the General Services Administration for operating expenses and
            salaries and expenses may be transferred and merged into the
            `Major equipment acquisitions and development activity' of the
            working capital fund of the General Services Administration for
            agency-wide acquisition of capital equipment, automated data
            processing systems and financial management and management
            information systems: Provided, That acquisitions are limited to
            those needed to implement the Chief Financial Officers Act of
            1990 (Public Law 101-576, 104 Stat. 2838) and related laws or
            regulations.
                ``(2) Requirements and Availability.--
                        ``(A) Time for transfer.--Transfer of an amount
                    under this section must be done no later than the end of
                    the fifth fiscal year after the fiscal year for which
                    the amount is appropriated or otherwise made available.
                        ``(B) Approval for use.--An amount transferred under
                    this section may be used only with the advance approval
                    of the Committees on Appropriations of the House of
                    Representatives and the Senate.
                        ``(C) Availability.--An amount transferred under
                    this section remains available until expended.''

        (c) Conforming and Clerical Amendments.--
                (1) Section 312 of such title is repealed.
                (2) The heading for section 3173 of such title is amended to
            read as follows:

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

                      Harry S Truman Scholarship Foundation

                              SALARIES AND EXPENSES

        For payment <<NOTE: 20 USC 2009b.>>  to the Harry S Truman
    Scholarship Foundation Trust Fund, established by section 10 of Public
    Law 93-642, $500,000, to remain available until expended: Provided, That
    hereafter, all requests of the Board of Trustees to the Secretary of the
    Treasury provided for in this section shall be binding on the

    [[Page 123 STAT. 666]]

    Secretary, including requests for the issuance at par of special
    obligations exclusively to the fund as provided for in section 10(b),
    which the Secretary shall implement without regard to the determination
    related to the public interest required by the last sentence of that
    section.

                         Merit Systems Protection Board

                              salaries and expenses

                          (including transfer of funds)

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

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

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

                          (including transfer of funds)

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

                      environmental dispute resolution fund

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

    [[Page 123 STAT. 667]]

                  National Archives and Records Administration

                               operating expenses

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

                           electronic records archives

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

                             Repairs and Restoration

        For the repair, alteration, and improvement of archives facilities,
    and to provide adequate storage for holdings, $50,711,000, to remain
    available until expended: Provided, That the Archivist is authorized to
    construct an addition to the John F. Kennedy Presidential Library and
    Museum; and of the funds provided, $22,000,000 shall be available for
    construction costs and related services for building the addition to the
    John F. Kennedy Presidential Library and Museum and other necessary
    expenses, including renovating the Library as needed in constructing the
    addition; $17,500,000 is for necessary expenses related to the repair
    and renovation of the Franklin D. Roosevelt Presidential Library and
    Museum in Hyde Park, New York; and $2,000,000 is for the repair and
    restoration of the plaza that surrounds the Lyndon Baines Johnson
    Presidential Library and Museum that is under the joint control and
    custody of the University of Texas: Provided further, That such funds
    shall remain available until expended for this purpose and may be
    transferred directly to the University and used, together with
    University funds, for the repair and restoration of the plaza: Provided
    further, That such funds shall be spent

    [[Page 123 STAT. 668]]

    in accordance with the construction plan submitted to the Committees on
    Appropriations on March 14, 2005: <<NOTE: Contracts.>>  Provided
    further, That the Archivist shall be prohibited from entering into any
    agreement with the University or any other party that requires
    additional funding commitments on behalf of the Federal Government for
    this project: Provided further, That hereafter, no further Federal
    funding shall be provided for this plaza project.

             national historical publications and records commission

                                 grants program

                          (including transfer of funds)

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

     Administrative Provision--National Archives and Records Administration

        Hereafter, the <<NOTE: Funding assessment. 44 USC 2102 note.>>
    National Archives and Records Administration shall include in its annual
    budget submission a comprehensive capital needs assessment for funding
    provided under the ``Repairs and Restoration'' appropriations account to
    be updated yearly: Provided, That funds proposed under the ``Repairs and
    Restoration'' appropriations account for each fiscal year shall be
    allocated to projects on a priority basis established under a
    comprehensive capital needs assessment.

                      National Credit Union Administration

                           Central Liquidity Facility

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

                    community development revolving loan fund

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

                           Office of Government Ethics

                              salaries and expenses

        For necessary expenses to carry out functions of the Office of
    Government Ethics pursuant to the Ethics in Government Act of 1978, and
    the Ethics Reform Act of 1989, including services

    [[Page 123 STAT. 669]]

    as authorized by 5 U.S.C. 3109, rental of conference rooms in the
    District of Columbia and elsewhere, hire of passenger motor vehicles,
    and not to exceed $1,500 for official reception and representation
    expenses, $13,000,000.

                         Office of Personnel Management

                              Salaries and Expenses

                       (including transfer of trust funds)

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

    [[Page 123 STAT. 670]]

                           Office of Inspector General

                              salaries and expenses

                       (including transfer of trust funds)

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

          Government Payment for Annuitants, Employees Health Benefits

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

           Government Payment for Annuitants, Employee Life Insurance

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

             Payment to Civil Service Retirement and Disability Fund

        For financing the unfunded liability of new and increased annuity
    benefits becoming effective on or after October 20, 1969, as authorized
    by 5 U.S.C. 8348, and annuities under special Acts to be credited to the
    Civil Service Retirement and Disability Fund, such sums as may be
    necessary: Provided, That <<NOTE: 33 USC 776 note.>>  annuities
    authorized by the Act of May 29, 1944, and the Act of August 19, 1950
    (33 U.S.C. 771-775), may hereafter be paid out of the Civil Service
    Retirement and Disability Fund.

                            Office of Special Counsel

                              salaries and expenses

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

    [[Page 123 STAT. 671]]

                          Postal Regulatory Commission

                              salaries and expenses

                          (including transfer of funds)

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

                   Privacy and Civil Liberties Oversight Board

                              salaries and expenses

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

                       Securities and Exchange Commission

                              Salaries and Expenses

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

    [[Page 123 STAT. 672]]

    so as to result in a final total fiscal year 2009 appropriation from the
    general fund estimated at not more than $0.

                            Selective Service System

                              salaries and expenses

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

                          Small Business Administration

                              salaries and expenses

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

                           Office of Inspector General

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

    [[Page 123 STAT. 673]]

                      surety bond guarantees revolving fund

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

                         Business Loans Program Account

                         (including transfers of funds)

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

            administrative provisions--small business administration

                          (including transfer of funds)

        Sec. 520.  Not to exceed 5 percent of any appropriation made
    available for the current fiscal year for the Small Business
    Administration in this Act may be transferred between such
    appropriations, but no such appropriation shall be increased by more
    than 10 percent by any such transfers: Provided, That any transfer
    pursuant to this paragraph shall be treated as a reprogramming of funds
    under section 608 of this Act and shall not be available for obligation
    or expenditure except in compliance with the procedures set forth in
    that section.
        Sec. 521. <<NOTE: Disaster assistance. Alaska. North Dakota.>>  All
    disaster loans issued in Alaska or North Dakota shall be administered by
    the Small Business Administration and shall not be sold during fiscal
    year 2009.

        Sec. 522. None of the funds made available under this Act may be
    used by the Small Business Administration to implement the rule relating
    to women-owned small business Federal contract assistance procedures
    published in the Federal Register on October 1, 2008 (73 Fed. Reg. 56940
    et seq.).
        Sec. 523. Of the amount made available under the heading ``State and
    Tribal Assistance Grants'' under title II of division F of the
    Consolidated Appropriations Act, 2008 (Public Law 110-161; 121 Stat.
    2125) for the Mingo County Redevelopment Authority, $2,953,000 is
    transferred to the ``Salaries and Expenses'' account of the Small
    Business Administration. The amount transferred under this section shall
    be for the Mingo County Redevelopment Authority and shall be available
    for use under the terms

    [[Page 123 STAT. 674]]

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

                          United States Postal Service

                       payment to the postal service fund

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

                           OFFICE OF INSPECTOR GENERAL

                              SALARIES AND EXPENSES

                          (INCLUDING TRANSFER OF FUNDS)

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

                             United States Tax Court

                              salaries and expenses

        For necessary expenses, including contract reporting and other
    services as authorized by 5 U.S.C. 3109, $48,463,000: Provided,

    [[Page 123 STAT. 675]]

    That travel expenses of the judges shall be paid upon the written
    certificate of the judge.

                                    TITLE VI

                          GENERAL PROVISIONS--THIS ACT

        Sec. 601.  None of the funds in this Act shall be used for the
    planning or execution of any program to pay the expenses of, or
    otherwise compensate, non-Federal parties intervening in regulatory or
    adjudicatory proceedings funded in this Act.
        Sec. 602.  None of the funds appropriated in this Act shall remain
    available for obligation beyond the current fiscal year, nor may any be
    transferred to other appropriations, unless expressly so provided
    herein.
        Sec. 603.  The <<NOTE: Contracts.>>  expenditure of any
    appropriation under this Act for any consulting service through
    procurement contract pursuant to section 3109 of title 5, United States
    Code, shall be limited to those contracts where such expenditures are a
    matter of public record and available for public inspection, except
    where otherwise provided under existing law, or under existing Executive
    order issued pursuant to existing law.

        Sec. 604.  None of the funds made available in this Act may be
    transferred to any department, agency, or instrumentality of the United
    States Government, except pursuant to a transfer made by, or transfer
    authority provided in, this Act or any other appropriations Act.
        Sec. 605.  None of the funds made available by this Act shall be
    available for any activity or for paying the salary of any Government
    employee where funding an activity or paying a salary to a Government
    employee would result in a decision, determination, rule, regulation, or
    policy that would prohibit the enforcement of section 307 of the Tariff
    Act of 1930 (19 U.S.C. 1307).
        Sec. 606.  No funds appropriated pursuant to this Act may be
    expended by an entity unless the entity agrees that in expending the
    assistance the entity will comply with the Buy American Act (41 U.S.C.
    10a-10c).
        Sec. 607.  No funds appropriated or otherwise made available under
    this Act shall be made available to any person or entity that has been
    convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
        Sec. 608.  Except as otherwise provided in this Act, none of the
    funds provided in this Act, provided by previous appropriations Acts to
    the agencies or entities funded in this Act that remain available for
    obligation or expenditure in fiscal year 2009, or provided from any
    accounts in the Treasury derived by the collection of fees and available
    to the agencies funded by this Act, shall be available for obligation or
    expenditure through a reprogramming of funds that: (1) creates a new
    program; (2) eliminates a program, project, or activity; (3) increases
    funds or personnel for any program, project, or activity for which funds
    have been denied or restricted by the Congress; (4) proposes to use
    funds directed for a specific activity by either the House or Senate
    Committees on Appropriations for a different purpose; (5) augments
    existing programs, projects, or activities in excess of $5,000,000 or 10
    percent, whichever is less; (6) reduces existing programs, projects, or
    activities by $5,000,000 or 10 percent, whichever is less; or (7)
    creates or

    [[Page 123 STAT. 676]]

    reorganizes offices, programs, or activities unless prior approval is
    received from the Committees on Appropriations of the House of
    Representatives and the Senate: Provided, That prior to any significant
    reorganization or restructuring of offices, programs, or activities,
    each agency or entity funded in this Act shall consult with the
    Committees on Appropriations of the House of Representatives and the
    Senate: Provided further, That <<NOTE: Deadline. Reports.>>  not later
    than 60 days after the date of enactment of this Act, each agency funded
    by this Act shall submit a report to the Committees on Appropriations of
    the House of Representatives and the Senate to establish the baseline
    for application of reprogramming and transfer authorities for the
    current fiscal year: Provided further, That <<NOTE: Reports.>>  the
    report shall include: (1) a table for each appropriation with a separate
    column to display the President's budget request, adjustments made by
    Congress, adjustments due to enacted rescissions, if appropriate, and
    the fiscal year enacted level; (2) a delineation in the table for each
    appropriation both by object class and program, project, and activity as
    detailed in the budget appendix for the respective appropriation; and
    (3) an identification of items of special congressional
    interest: <<NOTE: Fines.>>  Provided further, That the amount
    appropriated or limited for salaries and expenses for an agency shall be
    reduced by $100,000 per day for each day after the required date that
    the report has not been submitted to the Congress.

        Sec. 609.  Except as otherwise specifically provided by law, not to
    exceed 50 percent of unobligated balances remaining available at the end
    of fiscal year 2009 from appropriations made available for salaries and
    expenses for fiscal year 2009 in this Act, shall remain available
    through September 30, 2010, for each such account for the purposes
    authorized: <<NOTE: Expenditure request.>>  Provided, That a request
    shall be submitted to the Committees on Appropriations of the House of
    Representatives and the Senate for approval prior to the expenditure of
    such funds: Provided further, That these requests shall be made in
    compliance with reprogramming guidelines.

        Sec. 610.  None of the funds made available in this Act may be used
    by the Executive Office of the President to request from the Federal
    Bureau of Investigation any official background investigation report on
    any individual, except when--
                (1) such individual has given his or her express written
            consent for such request not more than 6 months prior to the
            date of such request and during the same presidential
            administration; or
                (2) such request is required due to extraordinary
            circumstances involving national security.

        Sec. 611.  The cost accounting standards promulgated under section
    26 of the Office of Federal Procurement Policy Act (Public Law 93-400;
    41 U.S.C. 422) shall not apply with respect to a contract under the
    Federal Employees Health Benefits Program established under chapter 89
    of title 5, United States Code.
        Sec. 612.  For the purpose of resolving litigation and implementing
    any settlement agreements regarding the nonforeign area cost-of-living
    allowance program, the Office of Personnel Management may accept and
    utilize (without regard to any restriction on unanticipated travel
    expenses imposed in an Appropriations Act) funds made available to the
    Office of Personnel Management pursuant to court approval.
        Sec. 613.  No <<NOTE: Abortion.>>  funds appropriated by this Act
    shall be available to pay for an abortion, or the administrative
    expenses in connection

    [[Page 123 STAT. 677]]

    with any health plan under the Federal employees health benefits program
    which provides any benefits or coverage for abortions.

        Sec. 614.  The <<NOTE: Abortion.>>  provision of section 613 shall
    not apply where the life of the mother would be endangered if the fetus
    were carried to term, or the pregnancy is the result of an act of rape
    or incest.

        Sec. 615.  In order to promote Government access to commercial
    information technology, the restriction on purchasing nondomestic
    articles, materials, and supplies set forth in the Buy American Act (41
    U.S.C. 10a et seq.), shall not apply to the acquisition by the Federal
    Government of information technology (as defined in section 11101 of
    title 40, United States Code), that is a commercial item (as defined in
    section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C.
    403(12)).
        Sec. 616. Section 5112 of title 31, United States Code (as amended
    by Public Law 110-161), is amended--
                (1) by redesignating the second subsection (r) as subsection
            (s), and
                (2) by striking ``paragraph (4)'' each place it appears in
            subsection (s)(5) (as redesignated by paragraph (1)) and
            inserting ``paragraph (3)''.

        Sec. 617.  Notwithstanding section 1353 of title 31, United States
    Code, no officer or employee of any regulatory agency or commission
    funded by this Act may accept on behalf of that agency, nor may such
    agency or commission accept, payment or reimbursement from a non-Federal
    entity for travel, subsistence, or related expenses for the purpose of
    enabling an officer or employee to attend and participate in any meeting
    or similar function relating to the official duties of the officer or
    employee when the entity offering payment or reimbursement is a person
    or entity subject to regulation by such agency or commission, or
    represents a person or entity subject to regulation by such agency or
    commission, unless the person or entity is an organization described in
    section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from
    tax under section 501(a) of such Code.
        Sec. 618. Life Insurance For Tax Court Judges Age 65 or Over. (a) In
    General.--Section 7472 of title 26, United States Code, is amended by
    inserting after the word ``imposed'' where it appears in the second
    sentence the following phrase ``after April 24, 1999, that is
    incurred''.
        (b) Effective Date.--This <<NOTE: 26 USC 7472 note.>>  amendment
    shall take effect as if included in the amendment made by section 852 of
    the Pension Protection Act of 2006.

        Sec. 619.  The Public Company Accounting Oversight Board shall have
    authority to obligate funds for the scholarship program established by
    section 109(c)(2) of the Sarbanes-Oxley Act of 2002 (Public Law 107-204)
    in an aggregate amount not exceeding the amount of funds collected by
    the Board as of December 31, 2008, including accrued interest, as a
    result of the assessment of monetary penalties. Funds available for
    obligation in fiscal year 2009 shall remain available until expended.
        Sec. 620. Section 910(a) of the Trade Sanctions Reform and Export
    Enhancement Act of 2000 (22 U.S.C. 7209(a)) is amended to read as
    follows:
        ``(a) Authorization of Travel Relating to Commercial Sales of
    Agricultural and Medical Goods.--The
    Secretary <<NOTE: Regulations. Cuba.>>  of the Treasury shall promulgate
    regulations under which the travel-related transactions listed in
    paragraph (c) of section 515.560 of

    [[Page 123 STAT. 678]]

    title 31, Code of Federal Regulations, are authorized by general license
    for travel to, from, or within Cuba for the marketing and sale of
    agricultural and medical goods pursuant to the provisions of this
    title.''.

        Sec. 621. <<NOTE: Cuba.>>  None of the funds made available in this
    Act may be used to administer, implement, or enforce the amendments made
    to section 515.560 and section 515.561 of title 31, Code of Federal
    Regulations, related to travel to visit relatives in Cuba, that were
    published in the Federal Register on June 16, 2004.

        Sec. 622. None of the funds made available in this Act may be used
    to administer, implement, or enforce the amendment made to section
    515.533 of title 31, Code of Federal Regulations, that was published in
    the Federal Register on February 25, 2005.
        Sec. 623. Christopher Columbus Fellowship Authorization. The
    Christopher Columbus Fellowship Act (20 U.S.C. 5701 et seq.) is
    amended--
                (1) in section 426(a) (20 U.S.C. 5705(a))--
                        (A) in paragraph (3), by striking ``and'' at the
                    end;
                        (B) by redesignating paragraph (4) as paragraph (5);
                    and
                        (C) by inserting after paragraph (3) the following:
                ``(4) amounts appropriated to the Foundation, as authorized
            under section 430; and''; and
                (2) by adding at the end the following new section:

    ``SEC. 430. <<NOTE: 20 USC 5709.>>  AUTHORIZATION OF APPROPRIATIONS.

        ``There are authorized to be appropriated to the Foundation, such
    sums as may be necessary to carry out this subtitle.''.
        Sec. 624.  Notwithstanding <<NOTE: 12 USC 1843 note.>>  any other
    provision of law, for fiscal year 2009 and each fiscal year thereafter,
    neither the Board of Governors of the Federal Reserve System nor the
    Secretary of the Treasury may determine, by rule, regulation, order, or
    otherwise, for purposes of section 4(k) of the Bank Holding Company Act
    of 1956, or section 5136A of the Revised Statutes of the United States,
    that real estate brokerage activity or real estate management activity
    is an activity that is financial in nature, is incidental to any
    financial activity, or is complementary to a financial activity. For
    purposes <<NOTE: Definition.>>  of this section, ``real estate brokerage
    activity'' shall mean ``real estate brokerage'', and ``real estate
    management activity'' shall mean ``property management'', as those terms
    were understood by the Board of Governors of the Federal Reserve System
    prior to March 11, 2000.

        Sec. 625. (a) Section 102(a)(3)(B) of the Help America Vote Act of
    2002 (42 U.S.C. 15302(a)(3)(B)) is amended by striking ``March 1, 2008''
    and inserting ``November 1, 2010''.
        (b) The <<NOTE: 42 USC 15302 note.>>  amendment made by subsection
    (a) shall take effect as if included in the enactment of the Help
    America Vote Act of 2002.

        Sec. 626. <<NOTE: Deadline. Regulations. Loans. 15 USC 1638 note.>>
    (a) Within 90 days after the date of enactment of this Act, the Federal
    Trade Commission shall initiate a rulemaking proceeding with respect to
    mortgage loans in accordance with section 553 of title 5, United States
    Code. Any violation of a rule prescribed under this subsection shall be
    treated as a violation of a rule under section 18 of the Federal Trade
    Commission Act (15 U.S.C. 57a) regarding unfair or deceptive acts or
    practices.

        (b)(1) Except as provided in paragraph (6), a State, as parens
    patriae, may bring a civil action on behalf of its residents in an

    [[Page 123 STAT. 679]]

    appropriate State or district court of the United States to enforce the
    provisions of section 128 of the Truth in Lending Act (15 U.S.C. 1638),
    any other provision of the Truth in Lending Act, or any mortgage loan
    rule promulgated by the Federal Trade Commission to obtain penalties and
    relief provided under such Act or rule whenever the attorney general of
    the State has reason to believe that the interests of the residents of
    the State have been or are being threatened or adversely affected by a
    violation of such Act or rule.
        (2) The <<NOTE: Notice. Deadline.>>  State shall serve written
    notice to the Commission of any civil action under paragraph (1) at
    least 60 days prior to initiating such civil action. The notice shall
    include a copy of the complaint to be filed to initiate such civil
    action, except that if it is not feasible for the State to provide such
    prior notice, the State shall provide notice immediately upon
    instituting such civil action.

        (3) Upon receiving the notice required by paragraph (2), the
    Commission may intervene in such civil action and upon intervening--
                (A) be heard on all matters arising in such civil action;
                (B) remove the action to the appropriate United States
            district court; and
                (C) file petitions for appeal of a decision in such civil
            action.

        (4) Nothing in this subsection shall prevent the attorney general of
    a State from exercising the powers conferred on the attorney general by
    the laws of such State to conduct investigations or to administer oaths
    or affirmations or to compel the attendance of witnesses or the
    production of documentary and other evidence. Nothing in this section
    shall prohibit the attorney general of a State, or other authorized
    State officer, from proceeding in State or Federal court on the basis of
    an alleged violation of any civil or criminal statute of that State.
        (5) In a civil action brought under paragraph (1)--
                (A) the venue shall be a judicial district in which the
            defendant is found, is an inhabitant, or transacts business or
            wherever venue is proper under section 1391 of title 28, United
            States Code; and
                (B) process may be served without regard to the territorial
            limits of the district or of the State in which the civil action
            is instituted.

        (6) Whenever a civil action or an administrative action has been
    instituted by or on behalf of the Commission for violation of any
    provision of law or rule described in paragraph (1), no State may,
    during the pendency of such action instituted by or on behalf of the
    Commission, institute a civil action under that paragraph against any
    defendant named in the complaint in such action for violation of any law
    or rule as alleged in such complaint.
        (7) If the attorney general of a State prevails in any civil action
    under paragraph (1), the State can recover reasonable costs and attorney
    fees from the lender or related party.
        (c) Section 129 of the Truth in Lending Act (15 U.S.C. 1639) is
    amended by adding at the end the following:
        ``(m) Civil Penalties in Federal Trade Commission Enforcement
    Actions.--For purposes of enforcement by the Federal Trade Commission,
    any violation of a regulation issued by the Federal Reserve Board
    pursuant to subsection (l)(2) of this

    [[Page 123 STAT. 680]]

    section shall be treated as a violation of a rule promulgated under
    section 18 of the Federal Trade Commission Act (15 U.S.C. 57a) regarding
    unfair or deceptive acts or practices.''.

                                    TITLE VII

                       GENERAL PROVISIONS--GOVERNMENT-WIDE

                     Departments, Agencies, and Corporations

        Sec. 701.  No department, agency, or instrumentality of the United
    States receiving appropriated funds under this or any other Act for
    fiscal year 2009 shall obligate or expend any such funds, unless such
    department, agency, or instrumentality has in place, and will continue
    to administer in good faith, a written policy designed to ensure that
    all of its workplaces are free from the illegal use, possession, or
    distribution of controlled substances (as defined in the Controlled
    Substances Act (21 U.S.C. 802)) by the officers and employees of such
    department, agency, or instrumentality.
        Sec. 702.  Unless <<NOTE: 31 USC 1343 note.>>  otherwise
    specifically provided, the maximum amount allowable during the current
    fiscal year in accordance with section 16 of the Act of August 2, 1946
    (60 Stat. 810), for the purchase of any passenger motor vehicle
    (exclusive of buses, ambulances, law enforcement, and undercover
    surveillance vehicles), is hereby fixed at $13,197 except station wagons
    for which the maximum shall be $13,631: Provided, That these limits may
    be exceeded by not to exceed $3,700 for police-type vehicles, and by not
    to exceed $4,000 for special heavy-duty vehicles: Provided further, That
    the limits set forth in this section may not be exceeded by more than 5
    percent for electric or hybrid vehicles purchased for demonstration
    under the provisions of the Electric and Hybrid Vehicle Research,
    Development, and Demonstration Act of 1976: Provided further, That the
    limits set forth in this section may be exceeded by the incremental cost
    of clean alternative fuels vehicles acquired pursuant to Public Law 101-
    549 over the cost of comparable conventionally fueled vehicles.

        Sec. 703.  Appropriations of the executive departments and
    independent establishments for the current fiscal year available for
    expenses of travel, or for the expenses of the activity concerned, are
    hereby made available for quarters allowances and cost-of-living
    allowances, in accordance with 5 U.S.C. 5922-5924.
        Sec. 704.  Unless <<NOTE: 5 USC 3101 note.>>  otherwise specified
    during the current fiscal year, no part of any appropriation contained
    in this or any other Act shall be used to pay the compensation of any
    officer or employee of the Government of the United States (including
    any agency the majority of the stock of which is owned by the Government
    of the United States) whose post of duty is in the continental United
    States unless such person: (1) is a citizen of the United States; (2) is
    a person in the service of the United States on the date of the
    enactment of this Act who, being eligible for citizenship, has filed a
    declaration of intention to become a citizen of the United States prior
    to such date and is actually residing in the United States; (3) is a
    person who owes allegiance to the United States; (4) is an alien from
    Cuba, Poland, South Vietnam, the countries of the former Soviet Union,
    or the Baltic countries lawfully admitted to the United States for
    permanent residence;

    [[Page 123 STAT. 681]]

    (5) is a South Vietnamese, Cambodian, or Laotian refugee paroled in the
    United States after January 1, 1975; or (6) is a national of the
    People's Republic of China who qualifies for adjustment of status
    pursuant to the Chinese Student Protection Act of 1992 (Public Law 102-
    404): <<NOTE: Affidavit.>>  Provided, That for the purpose of this
    section, an affidavit signed by any such person shall be considered
    prima facie evidence that the requirements of this section with respect
    to his or her status have been complied with: Provided further,
    That <<NOTE: Penalties.>>  any person making a false affidavit shall be
    guilty of a felony, and, upon conviction, shall be fined no more than
    $4,000 or imprisoned for not more than 1 year, or both: Provided
    further, That the above penal clause shall be in addition to, and not in
    substitution for, any other provisions of existing law: Provided
    further, That any payment made to any officer or employee contrary to
    the provisions of this section shall be recoverable in action by the
    Federal Government. This section shall not apply to citizens of Ireland,
    Israel, or the Republic of the Philippines, or to nationals of those
    countries allied with the United States in a current defense effort, or
    to international broadcasters employed by the Broadcasting Board of
    Governors, or to temporary employment of translators, or to temporary
    employment in the field service (not to exceed 60 days) as a result of
    emergencies: Provided further, That this section does not apply to the
    employment as Wildland firefighters for not more than 120 days of
    nonresident aliens employed by the Department of the Interior or the
    USDA Forest Service pursuant to an agreement with another country.

        Sec. 705.  Appropriations available to any department or agency
    during the current fiscal year for necessary expenses, including
    maintenance or operating expenses, shall also be available for payment
    to the General Services Administration for charges for space and
    services and those expenses of renovation and alteration of buildings
    and facilities which constitute public improvements performed in
    accordance with the Public Buildings Act of 1959 (73 Stat. 479), the
    Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable
    law.
        Sec. 706.  In addition to funds provided in this or any other Act,
    all Federal agencies are authorized to receive and use funds resulting
    from the sale of materials, including Federal records disposed of
    pursuant to a records schedule recovered through recycling or waste
    prevention programs. Such funds shall be available until expended for
    the following purposes:
                (1) Acquisition, waste reduction and prevention, and
            recycling programs as described in Executive Order No. 13423
            (January 24, 2007), including any such programs adopted prior to
            the effective date of the Executive order.
                (2) Other Federal agency environmental management programs,
            including, but not limited to, the development and
            implementation of hazardous waste management and pollution
            prevention programs.
                (3) Other employee programs as authorized by law or as
            deemed appropriate by the head of the Federal agency.

        Sec. 707.  Funds <<NOTE: Applicability.>>  made available by this or
    any other Act for administrative expenses in the current fiscal year of
    the corporations and agencies subject to chapter 91 of title 31, United
    States Code, shall be available, in addition to objects for which such
    funds are otherwise available, for rent in the District of Columbia;
    services in accordance with 5 U.S.C. 3109; and the objects specified

    [[Page 123 STAT. 682]]

    under this head, all the provisions of which shall be applicable to the
    expenditure of such funds unless otherwise specified in the Act by which
    they are made available: Provided, That in the event any functions
    budgeted as administrative expenses are subsequently transferred to or
    paid from other funds, the limitations on administrative expenses shall
    be correspondingly reduced.

        Sec. 708.  No part of any appropriation contained in this or any
    other Act shall be available for interagency financing of boards (except
    Federal Executive Boards), commissions, councils, committees, or similar
    groups (whether or not they are interagency entities) which do not have
    a prior and specific statutory approval to receive financial support
    from more than one agency or instrumentality.
        Sec. 709.  None of the funds made available pursuant to the
    provisions of this Act shall be used to implement, administer, or
    enforce any regulation which has been disapproved pursuant to a joint
    resolution duly adopted in accordance with the applicable law of the
    United States.
        Sec. 710. (a) <<NOTE: 5 USC 5343 note.>>  Notwithstanding any other
    provision of law, and except as otherwise provided in this section, no
    part of any of the funds appropriated for fiscal year 2009, by this or
    any other Act, may be used to pay any prevailing rate employee described
    in section 5342(a)(2)(A) of title 5, United States Code--
                (1) during the period from the date of expiration of the
            limitation imposed by the comparable section for previous fiscal
            years until the normal effective date of the applicable wage
            survey adjustment that is to take effect in fiscal year 2009, in
            an amount that exceeds the rate payable for the applicable grade
            and step of the applicable wage schedule in accordance with such
            section; and
                (2) during the period consisting of the remainder of fiscal
            year 2009, in an amount that exceeds, as a result of a wage
            survey adjustment, the rate payable under paragraph (1) by more
            than the sum of--
                        (A) the percentage adjustment taking effect in
                    fiscal year 2009 under section 5303 of title 5, United
                    States Code, in the rates of pay under the General
                    Schedule; and
                        (B) the difference between the overall average
                    percentage of the locality-based comparability payments
                    taking effect in fiscal year 2009 under section 5304 of
                    such title (whether by adjustment or otherwise), and the
                    overall average percentage of such payments which was
                    effective in the previous fiscal year under such
                    section.

        (b) Notwithstanding any other provision of law, no prevailing rate
    employee described in subparagraph (B) or (C) of section 5342(a)(2) of
    title 5, United States Code, and no employee covered by section 5348 of
    such title, may be paid during the periods for which subsection (a) is
    in effect at a rate that exceeds the rates that would be payable under
    subsection (a) were subsection (a) applicable to such employee.
        (c) For <<NOTE: Regulations.>>  the purposes of this section, the
    rates payable to an employee who is covered by this section and who is
    paid from a schedule not in existence on September 30, 2008, shall be
    determined under regulations prescribed by the Office of Personnel
    Management.

        (d) Notwithstanding any other provision of law, rates of premium pay
    for employees subject to this section may not be changed

    [[Page 123 STAT. 683]]

    from the rates in effect on September 30, 2008, except to the extent
    determined by the Office of Personnel Management to be consistent with
    the purpose of this section.
        (e) This <<NOTE: Applicability.>>  section shall apply with respect
    to pay for service performed after September 30, 2008.

        (f) For the purpose of administering any provision of law (including
    any rule or regulation that provides premium pay, retirement, life
    insurance, or any other employee benefit) that requires any deduction or
    contribution, or that imposes any requirement or limitation on the basis
    of a rate of salary or basic pay, the rate of salary or basic pay
    payable after the application of this section shall be treated as the
    rate of salary or basic pay.
        (g) Nothing in this section shall be considered to permit or require
    the payment to any employee covered by this section at a rate in excess
    of the rate that would be payable were this section not in effect.
        (h) The Office of Personnel Management may provide for exceptions to
    the limitations imposed by this section if the Office determines that
    such exceptions are necessary to ensure the recruitment or retention of
    qualified employees.
        Sec. 711.  During <<NOTE: Notification.>>  the period in which the
    head of any department or agency, or any other officer or civilian
    employee of the Federal Government appointed by the President of the
    United States, holds office, no funds may be obligated or expended in
    excess of $5,000 to furnish or redecorate the office of such department
    head, agency head, officer, or employee, or to purchase furniture or
    make improvements for any such office, unless advance notice of such
    furnishing or redecoration is transmitted to the Committees on
    Appropriations of the House of Representatives and the
    Senate. <<NOTE: Definition.>>  For the purposes of this section, the
    term ``office'' shall include the entire suite of offices assigned to
    the individual, as well as any other space used primarily by the
    individual or the use of which is directly controlled by the individual.

        Sec. 712.  Notwithstanding section 1346 of title 31, United States
    Code, or section 708 of this Act, funds made available for the current
    fiscal year by this or any other Act shall be available for the
    interagency funding of national security and emergency preparedness
    telecommunications initiatives which benefit multiple Federal
    departments, agencies, or entities, as provided by Executive Order No.
    12472 (April 3, 1984).
        Sec. 713. (a) None of the funds appropriated by this or any other
    Act may be obligated or expended by any Federal department, agency, or
    other instrumentality for the salaries or expenses of any employee
    appointed to a position of a confidential or policy-determining
    character excepted from the competitive service pursuant to section 3302
    of title 5, United States Code, without a certification to the Office of
    Personnel Management from the head of the Federal department, agency, or
    other instrumentality employing the Schedule C appointee that the
    Schedule C position was not created solely or primarily in order to
    detail the employee to the White House.
        (b) The provisions of this section shall not apply to Federal
    employees or members of the armed forces detailed to or from--
                (1) the Central Intelligence Agency;
                (2) the National Security Agency;
                (3) the Defense Intelligence Agency;
                (4) the National Geospatial-Intelligence Agency;

    [[Page 123 STAT. 684]]

                (5) the offices within the Department of Defense for the
            collection of specialized national foreign intelligence through
            reconnaissance programs;
                (6) the Bureau of Intelligence and Research of the
            Department of State;
                (7) any agency, office, or unit of the Army, Navy, Air
            Force, and Marine Corps, the Department of Homeland Security,
            the Federal Bureau of Investigation and the Drug Enforcement
            Administration of the Department of Justice, the Department of
            Transportation, the Department of the Treasury, and the
            Department of Energy performing intelligence functions; and
                (8) the Director of National Intelligence or the Office of
            the Director of National Intelligence.

        Sec. 714.  No part of any appropriation contained in this or any
    other Act shall be available for the payment of the salary of any
    officer or employee of the Federal Government, who--
                (1) prohibits or prevents, or attempts or threatens to
            prohibit or prevent, any other officer or employee of the
            Federal Government from having any direct oral or written
            communication or contact with any Member, committee, or
            subcommittee of the Congress in connection with any matter
            pertaining to the employment of such other officer or employee
            or pertaining to the department or agency of such other officer
            or employee in any way, irrespective of whether such
            communication or contact is at the initiative of such other
            officer or employee or in response to the request or inquiry of
            such Member, committee, or subcommittee; or
                (2) removes, suspends from duty without pay, demotes,
            reduces in rank, seniority, status, pay, or performance or
            efficiency rating, denies promotion to, relocates, reassigns,
            transfers, disciplines, or discriminates in regard to any
            employment right, entitlement, or benefit, or any term or
            condition of employment of, any other officer or employee of the
            Federal Government, or attempts or threatens to commit any of
            the foregoing actions with respect to such other officer or
            employee, by reason of any communication or contact of such
            other officer or employee with any Member, committee, or
            subcommittee of the Congress as described in paragraph (1).

        Sec. 715. (a) None of the funds made available in this or any other
    Act may be obligated or expended for any employee training that--
                (1) does not meet identified needs for knowledge, skills,
            and abilities bearing directly upon the performance of official
            duties;
                (2) contains elements likely to induce high levels of
            emotional response or psychological stress in some participants;
                (3) does not require prior employee notification of the
            content and methods to be used in the training and written end
            of course evaluation;
                (4) contains any methods or content associated with
            religious or quasi-religious belief systems or ``new age''
            belief systems as defined in Equal Employment Opportunity
            Commission Notice N-915.022, dated September 2, 1988; or
                (5) is offensive to, or designed to change, participants'
            personal values or lifestyle outside the workplace.

    [[Page 123 STAT. 685]]

        (b) Nothing in this section shall prohibit, restrict, or otherwise
    preclude an agency from conducting training bearing directly upon the
    performance of official duties.
        Sec. 716.  No funds appropriated in this or any other Act may be
    used to implement or enforce the agreements in Standard Forms 312 and
    4414 of the Government or any other nondisclosure policy, form, or
    agreement if such policy, form, or agreement does not contain the
    following provisions: ``These restrictions are consistent with and do
    not supersede, conflict with, or otherwise alter the employee
    obligations, rights, or liabilities created by Executive Order No.
    12958; section 7211 of title 5, United States Code (governing
    disclosures to Congress); section 1034 of title 10, United States Code,
    as amended by the Military Whistleblower Protection Act (governing
    disclosure to Congress by members of the military); section 2302(b)(8)
    of title 5, United States Code, as amended by the Whistleblower
    Protection Act of 1989 (governing disclosures of illegality, waste,
    fraud, abuse or public health or safety threats); the Intelligence
    Identities Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing
    disclosures that could expose confidential Government agents); and the
    statutes which protect against disclosure that may compromise the
    national security, including sections 641, 793, 794, 798, and 952 of
    title 18, United States Code, and section 4(b) of the Subversive
    Activities Act of 1950 (50 U.S.C. 783(b)). The definitions,
    requirements, obligations, rights, sanctions, and liabilities created by
    said Executive order and listed statutes are incorporated into this
    agreement and are controlling.'': Provided, That notwithstanding the
    preceding paragraph, a nondisclosure policy form or agreement that is to
    be executed by a person connected with the conduct of an intelligence or
    intelligence-related activity, other than an employee or officer of the
    United States Government, may contain provisions appropriate to the
    particular activity for which such document is to be used. Such form or
    agreement shall, at a minimum, require that the person will not disclose
    any classified information received in the course of such activity
    unless specifically authorized to do so by the United States Government.
    Such nondisclosure forms shall also make it clear that they do not bar
    disclosures to Congress, or to an authorized official of an executive
    agency or the Department of Justice, that are essential to reporting a
    substantial violation of law.
        Sec. 717.  No part of any funds appropriated in this or any other
    Act shall be used by an agency of the executive branch, other than for
    normal and recognized executive-legislative relationships, for publicity
    or propaganda purposes, and for the preparation, distribution or use of
    any kit, pamphlet, booklet, publication, radio, television, or film
    presentation designed to support or defeat legislation pending before
    the Congress, except in presentation to the Congress itself.
        Sec. 718.  None of the funds appropriated by this or any other Act
    may be used by an agency to provide a Federal employee's home address to
    any labor organization except when the employee has authorized such
    disclosure or when such disclosure has been ordered by a court of
    competent jurisdiction.
        Sec. 719.  None of the funds made available in this Act or any other
    Act may be used to provide any non-public information such as mailing or
    telephone lists to any person or any organization outside of the Federal
    Government without the approval of the

    [[Page 123 STAT. 686]]

    Committees on Appropriations of the House of Representatives and the
    Senate.
        Sec. 720.  No part of any appropriation contained in this or any
    other Act shall be used directly or indirectly, including by private
    contractor, for publicity or propaganda purposes within the United
    States not heretofor authorized by the Congress.
        Sec. 721. (a) <<NOTE: Definitions.>>  In this section, the term
    ``agency''--
                (1) means an Executive agency, as defined under section 105
            of title 5, United States Code;
                (2) includes a military department, as defined under section
            102 of such title, the Postal Service, and the Postal Regulatory
            Commission; and
                (3) shall not include the Government Accountability Office.

        (b) Unless authorized in accordance with law or regulations to use
    such time for other purposes, an employee of an agency shall use
    official time in an honest effort to perform official duties. An
    employee not under a leave system, including a Presidential appointee
    exempted under section 6301(2) of title 5, United States Code, has an
    obligation to expend an honest effort and a reasonable proportion of
    such employee's time in the performance of official duties.
        Sec. 722.  Notwithstanding 31 U.S.C. 1346 and section 708 of this
    Act, funds made available for the current fiscal year by this or any
    other Act to any department or agency, which is a member of the Federal
    Accounting Standards Advisory Board (FASAB), shall be available to
    finance an appropriate share of FASAB administrative costs.

                               (transfer of funds)

        Sec. 723. Notwithstanding 31 U.S.C. 1346 and section 708 of this
    Act, the head of each Executive department and agency is hereby
    authorized to transfer to or reimburse ``General Services
    Administration, Government-wide Policy'' with the approval of the
    Director of the Office of Management and Budget, funds made available
    for the current fiscal year by this or any other Act, including rebates
    from charge card and other contracts: Provided, That these funds shall
    be administered by the Administrator of General Services to support
    Government-wide financial, information technology, procurement, and
    other management innovations, initiatives, and activities, as approved
    by the Director of the Office of Management and Budget, in consultation
    with the appropriate interagency groups designated by the Director
    (including the President's Management Council for overall management
    improvement initiatives, the Chief Financial Officers Council for
    financial management initiatives, the Chief Information Officers Council
    for information technology initiatives, the Chief Human Capital Officers
    Council for human capital initiatives, and the Chief Acquisition
    Officers Council for procurement initiatives): Provided further, That
    the total funds transferred or reimbursed shall not exceed
    $17,000,000: <<NOTE: Notification.>>  Provided further, That such
    transfers or reimbursements may only be made after 15 days following
    notification of the Committees on Appropriations by the Director of the
    Office of Management and Budget.

        Sec. 724.  Notwithstanding <<NOTE: Breastfeeding.>>  any other
    provision of law, a woman may breastfeed her child at any location in a
    Federal building or on Federal property, if the woman and her child are
    otherwise authorized to be present at the location.

    [[Page 123 STAT. 687]]

        Sec. 725.  Notwithstanding section 1346 of title 31, United States
    Code, or section 708 of this Act, funds made available for the current
    fiscal year by this or any other Act shall be available for the
    interagency funding of specific projects, workshops, studies, and
    similar efforts to carry out the purposes of the National Science and
    Technology Council (authorized by Executive Order No. 12881), which
    benefit multiple Federal departments, agencies, or entities: Provided,
    That <<NOTE: Reports. Deadline.>>  the Office of Management and Budget
    shall provide a report describing the budget of and resources connected
    with the National Science and Technology Council to the Committees on
    Appropriations, the House Committee on Science and Technology, and the
    Senate Committee on Commerce, Science, and Transportation 90 days after
    enactment of this Act.

        Sec. 726.  Any request for proposals, solicitation, grant
    application, form, notification, press release, or other publications
    involving the distribution of Federal funds shall indicate the agency
    providing the funds, the Catalog of Federal Domestic Assistance Number,
    as applicable, and the amount provided: <<NOTE: Applicability.>>
    Provided, That this provision shall apply to direct payments, formula
    funds, and grants received by a State receiving Federal funds.

        Sec. 727. (a) Prohibition of Federal Agency Monitoring of
    Individuals' Internet Use.--None of the funds made available in this or
    any other Act may be used by any Federal agency--
                (1) to collect, review, or create any aggregation of data,
            derived from any means, that includes any personally
            identifiable information relating to an individual's access to
            or use of any Federal Government Internet site of the agency; or
                (2) to enter into any agreement with a third party
            (including another government agency) to collect, review, or
            obtain any aggregation of data, derived from any means, that
            includes any personally identifiable information relating to an
            individual's access to or use of any nongovernmental Internet
            site.

        (b) Exceptions.--The limitations established in subsection (a) shall
    not apply to--
                (1) any record of aggregate data that does not identify
            particular persons;
                (2) any voluntary submission of personally identifiable
            information;
                (3) any action taken for law enforcement, regulatory, or
            supervisory purposes, in accordance with applicable law; or
                (4) any action described in subsection (a)(1) that is a
            system security action taken by the operator of an Internet site
            and is necessarily incident to providing the Internet site
            services or to protecting the rights or property of the provider
            of the Internet site.

        (c) Definitions.--For the purposes of this section:
                (1) The term ``regulatory'' means agency actions to
            implement, interpret or enforce authorities provided in law.
                (2) The term ``supervisory'' means examinations of the
            agency's supervised institutions, including assessing safety and
            soundness, overall financial condition, management practices and
            policies and compliance with applicable standards as provided in
            law.

        Sec. 728. (a) <<NOTE: Contracts. Contraception.>>  None of the funds
    appropriated by this Act may be used to enter into or renew a contract
    which includes a provision

    [[Page 123 STAT. 688]]

    providing prescription drug coverage, except where the contract also
    includes a provision for contraceptive coverage.

        (b) Nothing in this section shall apply to a contract with--
                (1) any of the following religious plans:
                        (A) Personal Care's HMO; and
                        (B) OSF HealthPlans, Inc.; and
                (2) any existing or future plan, if the carrier for the plan
            objects to such coverage on the basis of religious beliefs.

        (c) In implementing this section, any plan that enters into or
    renews a contract under this section may not subject any individual to
    discrimination on the basis that the individual refuses to prescribe or
    otherwise provide for contraceptives because such activities would be
    contrary to the individual's religious beliefs or moral convictions.
        (d) Nothing <<NOTE: Abortion.>>  in this section shall be construed
    to require coverage of abortion or abortion-related services.

        Sec. 729.  The <<NOTE: Sports. Drugs and drug abuse.>>  Congress of
    the United States recognizes the United States Anti-Doping Agency
    (USADA) as the official anti-doping agency for Olympic, Pan American,
    and Paralympic sport in the United States.

        Sec. 730.  Notwithstanding any other provision of law, funds
    appropriated for official travel by Federal departments and agencies may
    be used by such departments and agencies, if consistent with Office of
    Management and Budget Circular A-126 regarding official travel for
    Government personnel, to participate in the fractional aircraft
    ownership pilot program.
        Sec. 731.  Notwithstanding any other provision of law, none of the
    funds appropriated or made available under this Act or any other
    appropriations Act may be used to implement or enforce restrictions or
    limitations on the Coast Guard Congressional Fellowship Program, or to
    implement the proposed regulations of the Office of Personnel Management
    to add sections 300.311 through 300.316 to part 300 of title 5 of the
    Code of Federal Regulations, published in the Federal Register, volume
    68, number 174, on September 9, 2003 (relating to the detail of
    executive branch employees to the legislative branch).
        Sec. 732.  Notwithstanding any other provision of law, no executive
    branch agency shall purchase, construct, and/or lease any additional
    facilities, except within or contiguous to existing locations, to be
    used for the purpose of conducting Federal law enforcement training
    without the advance approval of the Committees on Appropriations, except
    that the Federal Law Enforcement Training Center is authorized to obtain
    the temporary use of additional facilities by lease, contract, or other
    agreement for training which cannot be accommodated in existing Center
    facilities.
        Sec. 733. (a) <<NOTE: Reports.>>  For fiscal year 2009, no funds
    shall be available for transfers or reimbursements to the E-Government
    initiatives sponsored by the Office of Management and Budget prior to 15
    days following submission of a report to the Committees on
    Appropriations by the Director of the Office of Management and Budget
    and receipt of approval to transfer funds by the Committees on
    Appropriations of the House of Representatives and the Senate.

        (b) The <<NOTE: Justification materials.>>  report in (a) and other
    required justification materials shall include at a minimum--
                (1) a description of each initiative including but not
            limited to its objectives, benefits, development status, risks,
            cost effectiveness (including estimated net costs or savings to
            the

    [[Page 123 STAT. 689]]

            government), and the estimated date of full operational
            capability;
                (2) the total development cost of each initiative by fiscal
            year including costs to date, the estimated costs to complete
            its development to full operational capability, and estimated
            annual operations and maintenance costs; and
                (3) the sources and distribution of funding by fiscal year
            and by agency and bureau for each initiative including agency
            contributions to date and estimated future contributions by
            agency.

        (c) No funds shall be available for obligation or expenditure for
    new E-Government initiatives without the explicit approval of the
    Committees on Appropriations of the House of Representatives and the
    Senate.
        Sec. 734. Notwithstanding section 1346 of title 31, United States
    Code, and section 708 of this Act and any other provision of law, the
    head of each appropriate executive department and agency shall transfer
    to or reimburse the Federal Aviation Administration, upon the direction
    of the Director of the Office of Management and Budget, funds made
    available by this or any other Act for the purposes described below, and
    shall submit budget requests for such purposes. These funds shall be
    administered by the Federal Aviation Administration, in consultation
    with the appropriate interagency groups designated by the Director and
    shall be used to ensure the uninterrupted, continuous operation of the
    Midway Atoll Airfield by the Federal Aviation Administration pursuant to
    an operational agreement with the Department of the Interior for the
    entirety of fiscal year 2009 and any period thereafter that precedes the
    enactment of the Financial Services and General Government
    Appropriations Act, 2010. The Director of the Office of Management and
    Budget shall mandate the necessary transfers after determining an
    equitable allocation between the appropriate executive departments and
    agencies of the responsibility for funding the continuous operation of
    the Midway Atoll Airfield based on, but not limited to, potential use,
    interest in maintaining aviation safety, and applicability to
    governmental operations and agency mission. The total funds transferred
    or reimbursed shall not exceed $6,000,000 for any 12-month period. Such
    sums shall be sufficient to ensure continued operation of the airfield
    throughout the period cited above. Funds shall be available for
    operation of the airfield or airfield-related capital
    upgrades. <<NOTE: Notification. Deadline.>>  The Director of the Office
    of Management and Budget shall notify the Committees on Appropriations
    of such transfers or reimbursements within 15 days of this
    Act. <<NOTE: Time period.>>  Such transfers or reimbursements shall
    begin within 30 days of enactment of this Act.

        Sec. 735.  Section 739(a)(1) of division D of the Consolidated
    Appropriations Act, 2008 <<NOTE: 31 USC 501 note.>>  (Public Law 110-
    161; 121 Stat. 2029) is amended by striking ``more than 10''.

        Sec. 736.  Section 739 of division D of the Consolidated
    Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 2030) is amended
    by striking subsection (b) and inserting the following:
        ``(b) Guidelines on Insourcing New and Contracted Out Functions.--
                ``(1) Guidelines required.--(A) The <<NOTE: Procedures.>>
            heads of executive agencies subject to the Federal Activities
            Inventory Reform Act of 1998 (Public Law 105-270; 31 U.S.C. 501
            note) shall devise and implement guidelines and procedures to
            ensure that

    [[Page 123 STAT. 690]]

            consideration is given to using, on a regular basis, Federal
            employees to perform new functions and functions that are
            performed by contractors and could be performed by Federal
            employees.
                ``(B) The guidelines and procedures required under
            subparagraph (A) may not include any specific limitation or
            restriction on the number of functions or activities that may be
            converted to performance by Federal employees.
                ``(2) Special consideration for certain functions.--The
            guidelines and procedures required under paragraph (1) shall
            provide for special consideration to be given to using Federal
            employees to perform any function that--
                        ``(A) is performed by a contractor and--
                              ``(i) has been performed by Federal employees
                          at any time during the previous 10 years;
                              ``(ii) is a function closely associated with
                          the performance of an inherently governmental
                          function;
                              ``(iii) has been performed pursuant to a
                          contract awarded on a non-competitive basis; or
                              ``(iv) has been performed poorly, as
                          determined by a contracting officer during the 5-
                          year period preceding the date of such
                          determination, because of excessive costs or
                          inferior quality; or
                        ``(B) is a new requirement, with particular emphasis
                    given to a new requirement that is similar to a function
                    previously performed by Federal employees or is a
                    function closely associated with the performance of an
                    inherently governmental function.
                ``(3) Exclusion of certain functions from competitions.--The
            head of an executive agency may not conduct a public-private
            competition under Office of Management and Budget Circular A-76
            or any other provision of law or regulation before--
                        ``(A) in the case of a new agency function,
                    assigning the performance of the function to Federal
                    employees;
                        ``(B) in the case of any agency function described
                    in paragraph (2), converting the function to performance
                    by Federal employees; or
                        ``(C) in the case of an agency function performed by
                    Federal employees, expanding the scope of the function.
                ``(4) Deadline.--(A) The head of each executive agency shall
            implement the guidelines and procedures required under this
            subsection by not later than 120 days after the date of the
            enactment of this subsection.
                ``(B) Not <<NOTE: Reports.>>  later than 210 days after the
            date of the enactment of this subsection, the Government
            Accountability Office shall submit a report on the
            implementation of this subsection to the Committees on
            Appropriations of the House of Representatives and the Senate,
            the Committee on Oversight and Government Reform of the House of
            Representatives, and the Committee on Homeland Security and
            Governmental Affairs of the Senate.
                ``(5) Definitions.--In this subsection:
                        ``(A) The term `inherently governmental functions'
                    has the meaning given such term in subpart 7.5 of part 7
                    of the Federal Acquisition Regulation.

    [[Page 123 STAT. 691]]

                        ``(B) The term `functions closely associated with
                    inherently governmental functions' means the functions
                    described in section 7.503(d) of the Federal Acquisition
                    Regulation.
                ``(6) Applicability.--This subsection shall not apply to the
            Department of Defense.''.

        Sec. 737.  None of the funds appropriated or otherwise made
    available by this or any other Act may be used to begin or announce a
    study or public-private competition regarding the conversion to
    contractor performance of any function performed by Federal employees
    pursuant to Office of Management and Budget Circular A-76 or any other
    administrative regulation, directive, or policy.
        Sec. 738. (a) Section 142(a) of division A of the Consolidated
    Security, Disaster Assistance, and Continuing Appropriations Act, 2009
    (Public Law 110-329; 122 Stat. 3580) <<NOTE: 5 USC 5303 note.>>  is
    amended by striking ``Security.'' and inserting ``Security and shall
    apply to civilian employees in the Department of Defense who are
    represented by a labor organization as defined in section 7103(a)(4) of
    title 5, United States Code.''.

        (b) The <<NOTE: 5 USC 5303 note.>>  amendment made by subsection (a)
    shall take effect as if included in the enactment of the Consolidated
    Security, Disaster Assistance, and Continuing Appropriations Act, 2009.

        Sec. 739.  Unless <<NOTE: News story.>>  otherwise authorized by
    existing law, none of the funds provided in this Act or any other Act
    may be used by an executive branch agency to produce any prepackaged
    news story intended for broadcast or distribution in the United States,
    unless the story includes a clear notification within the text or audio
    of the prepackaged news story that the prepackaged news story was
    prepared or funded by that executive branch agency.

        Sec. 740.  None of the funds made available in this Act may be used
    in contravention of section 552a of title 5, United States Code
    (popularly known as the Privacy Act) and regulations implementing that
    section.
        Sec. 741.  Each <<NOTE: 5 USC 5701 note.>>  executive department and
    agency shall evaluate the creditworthiness of an individual before
    issuing the individual a government travel charge card. Such evaluations
    for individually-billed travel charge cards shall include an assessment
    of the individual's consumer report from a consumer reporting agency as
    those terms are defined in section 603 of the Fair Credit Reporting Act
    (Public Law 91-508): Provided, That the department or agency may not
    issue a government travel charge card to an individual that either lacks
    a credit history or is found to have an unsatisfactory credit history as
    a result of this evaluation: Provided further, That this restriction
    shall not preclude issuance of a restricted-use charge, debit, or stored
    value card made in accordance with agency procedures to: (1) an
    individual with an unsatisfactory credit history where such card is used
    to pay travel expenses and the agency determines there is no suitable
    alternative payment mechanism available before issuing the card; or (2)
    an individual who lacks a credit
    history. <<NOTE: Guidelines. Procedures.>>  Each executive department
    and agency shall establish guidelines and procedures for disciplinary
    actions to be taken against agency personnel for improper, fraudulent,
    or abusive use of government charge cards, which shall include
    appropriate disciplinary actions for use of charge cards for purposes,
    and at establishments, that are inconsistent with the official business
    of the Department or agency or with applicable standards of conduct.

    [[Page 123 STAT. 692]]

        Sec. 742. Crosscut Budget. (a) Definitions.--For purposes of this
    section the following definitions apply:
                (1) Great lakes.--The terms ``Great Lakes'' and ``Great
            Lakes State'' have the same meanings as such terms have in
            section 506 of the Water Resources Development Act of 2000 (42
            U.S.C. 1962d-22).
                (2) Great lakes restoration activities.--The term ``Great
            Lakes restoration activities'' means any Federal or State
            activity primarily or entirely within the Great Lakes watershed
            that seeks to improve the overall health of the Great Lakes
            ecosystem.

        (b) Report.--Not later <<NOTE: Certification.>>  than 45 days after
    submission of the budget of the President to Congress, the Director of
    the Office of Management and Budget, in coordination with the Governor
    of each Great Lakes State and the Great Lakes Interagency Task Force,
    shall submit to the appropriate authorizing and appropriating committees
    of the Senate and the House of Representatives a financial report,
    certified by the Secretary of each agency that has budget authority for
    Great Lakes restoration activities, containing--
                (1) an interagency budget crosscut report that--
                        (A) displays the budget proposed, including any
                    planned interagency or intra-agency transfer, for each
                    of the Federal agencies that carries out Great Lakes
                    restoration activities in the upcoming fiscal year,
                    separately reporting the amount of funding to be
                    provided under existing laws pertaining to the Great
                    Lakes ecosystem; and
                        (B) identifies all expenditures since fiscal year
                    2004 by the Federal Government and State governments for
                    Great Lakes restoration activities;
                (2) a detailed accounting of all funds received and
            obligated by all Federal agencies and, to the extent available,
            State agencies using Federal funds, for Great Lakes restoration
            activities during the current and previous fiscal years;
                (3) a budget for the proposed projects (including a
            description of the project, authorization level, and project
            status) to be carried out in the upcoming fiscal year with the
            Federal portion of funds for activities; and
                (4) a listing of all projects to be undertaken in the
            upcoming fiscal year with the Federal portion of funds for
            activities.

        Sec. 743. (a) In General.--None of the funds appropriated or
    otherwise made available by this or any other Act may be used for any
    Federal Government contract with any foreign incorporated entity which
    is treated as an inverted domestic corporation under section 835(b) of
    the Homeland Security Act of 2002 (6 U.S.C. 395(b)) or any subsidiary of
    such an entity.
        (b) Waivers.--
                (1) In general.--Any Secretary shall waive subsection (a)
            with respect to any Federal Government contract under the
            authority of such Secretary if the Secretary determines that the
            waiver is required in the interest of national security.
                (2) Report to congress.--Any Secretary issuing a waiver
            under paragraph (1) shall report such issuance to Congress.

        (c) Exception.--This section shall not apply to any Federal
    Government contract entered into before the date of the enactment of
    this Act, or to any task order issued pursuant to such contract.

    [[Page 123 STAT. 693]]

        Sec. 744. (a) <<NOTE: Web links. 5 USC app. 8L.>>  Each executive
    department and agency shall establish and maintain on the homepage of
    its website, an obvious, direct link to the website of its respective
    Inspector General.

        (b) Each <<NOTE: Web posting.>>  Office of Inspector General shall:
    (1) post on its website any public report or audit or portion of any
    report or audit issued within one day of its release; (2) provide a
    service on its website to allow an individual to request automatic
    receipt of information relating to any public report or audit or portion
    of that report or audit and which permits electronic transmittal of the
    information, or notice of the availability of the information without
    further request; and (3) establish and maintain a direct link on its
    website for individuals to anonymously report waste, fraud and abuse.

        Sec. 745.  None of the funds made available by this or any other Act
    may be used to implement, administer, enforce, or apply the rule
    entitled ``Competitive Area'' published by the Office of Personnel
    Management in the Federal Register on April 15, 2008 (73 Fed. Reg. 20180
    et seq.).
        Sec. 746.  None of the funds made available by this or any other Act
    may be used to implement, administer, or enforce section 5(b) of
    Executive Order 13422 (72 Fed. Reg. 2763; relating to Regulatory Policy
    Officer).
        Sec. 747. <<NOTE: Deadline. Reports.>>  No later than 120 days after
    enactment of this Act, the Office of Management and Budget shall submit
    a status report on the pilot program, established under section 748 of
    division D of Public Law 110-161, to develop and implement an inventory
    to track the cost and size (in contractor manpower equivalents) of
    service contracts, particularly with respect to contracts that have been
    performed poorly by a contractor because of excessive costs or inferior
    quality, as determined by a contracting officer within the last 5 years,
    involve inherently governmental functions, or were undertaken without
    competition.

        Sec. 748.  Executive <<NOTE: 42 USC 4321 note.>>  Order 13423 (72
    Fed. Reg. 3919; Jan. 24, 2007) shall remain in effect hereafter except
    as otherwise provided by law after the date of the enactment of this
    Act.

        Sec. 749. <<NOTE: Effective date. 5 USC 5501 note prec.>>  Effective
    January 20, 2009, and for each fiscal year thereafter, no part of any
    appropriation contained in this or any other Act may be used for the
    payment of services to any individual carrying out the responsibilities
    of any position requiring Senate advice and consent in an acting or
    temporary capacity after the second submission of a nomination for that
    individual to that position has been withdrawn or returned to the
    President.

        Sec. 750.  Except <<NOTE: 28 USC 461 note.>>  as expressly provided
    otherwise, any reference to ``this Act'' contained in any title other
    than title IV or VIII shall not apply to such title IV or VIII.

        Sec. 751. Nonreduction in Pay While Federal Employee is Performing
    Active Service in the Uniformed Services or National Guard. (a) In
    General.--Subchapter IV of chapter 55 of title 5, United States Code, is
    amended by adding at the end the following:

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

        ``(a) An employee who is absent from a position of employment with
    the Federal Government in order to perform active duty in the uniformed
    services pursuant to a call or order to active duty under a provision of
    law referred to in section 101(a)(13)(B) of title 10 shall be entitled,
    while serving on active duty, to receive,

    [[Page 123 STAT. 694]]

    for each pay period described in subsection (b), an amount equal to the
    amount by which--
                ``(1) the amount of basic pay which would otherwise have
            been payable to such employee for such pay period if such
            employee's civilian employment with the Government had not been
            interrupted by that service, exceeds (if at all)
                ``(2) the amount of pay and allowances which (as determined
            under subsection (d))--
                        ``(A) is payable to such employee for that service;
                    and
                        ``(B) is allocable to such pay period.

        ``(b)(1) Amounts under this section shall be payable with respect to
    each pay period (which would otherwise apply if the employee's civilian
    employment had not been interrupted)--
                ``(A) during which such employee is entitled to reemployment
            rights under chapter 43 of title 38 with respect to the position
            from which such employee is absent (as referred to in subsection
            (a)); and
                ``(B) for which such employee does not otherwise receive
            basic pay (including by taking any annual, military, or other
            paid leave) to which such employee is entitled by virtue of such
            employee's civilian employment with the Government.

        ``(2) For purposes of this section, the period during which an
    employee is entitled to reemployment rights under chapter 43 of title
    38--
                ``(A) shall be determined disregarding the provisions of
            section 4312(d) of title 38; and
                ``(B) shall include any period of time specified in section
            4312(e) of title 38 within which an employee may report or apply
            for employment or reemployment following completion of service
            on active duty to which called or ordered as described in
            subsection (a).

        ``(c) Any amount payable under this section to an employee shall be
    paid--
                ``(1) by such employee's employing agency;
                ``(2) from the appropriation or fund which would be used to
            pay the employee if such employee were in a pay status; and
                ``(3) to the extent practicable, at the same time and in the
            same manner as would basic pay if such employee's civilian
            employment had not been interrupted.

        ``(d) The <<NOTE: Regulations.>>  Office of Personnel Management
    shall, in consultation with Secretary of Defense, prescribe any
    regulations necessary to carry out the preceding provisions of this
    section.

        ``(e)(1) The <<NOTE: Procedures.>>  head of each agency referred to
    in section 2302(a)(2)(C)(ii) shall, in consultation with the Office,
    prescribe procedures to ensure that the rights under this section apply
    to the employees of such agency.

        ``(2) The Administrator of the Federal Aviation Administration
    shall, in consultation with the Office, prescribe procedures to ensure
    that the rights under this section apply to the employees of that
    agency.
        ``(f) For <<NOTE: Definitions.>>  purposes of this section--
                ``(1) the terms `employee', `Federal Government', and
            `uniformed services' have the same respective meanings as given
            those terms in section 4303 of title 38;
                ``(2) the term `employing agency', as used with respect to
            an employee entitled to any payments under this section,

    [[Page 123 STAT. 695]]

            means the agency or other entity of the Government (including an
            agency referred to in section 2302(a)(2)(C)(ii)) with respect to
            which such employee has reemployment rights under chapter 43 of
            title 38; and
                ``(3) the term `basic pay' includes any amount payable under
            section 5304.''.

        (b) Technical and Conforming Amendment.--The table of sections for
    chapter 55 of title 5, United States Code, is amended by inserting after
    the item relating to section 5537 the following:

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

        (c) Effective Date.--The <<NOTE: 5 USC 5538 note.>>  amendments made
    by this section shall apply with respect to pay periods (as described in
    section 5538(b) of title 5, United States Code, as amended by this
    section) beginning on or after the date of enactment of this Act.

        Sec. 752. <<NOTE: Deadlines. Reports.>>  Not later than 120 days
    after enactment of this Act, each executive department and agency shall
    submit to the Director of the Office of Management and Budget a report
    stating the total size of its workforce, differentiated by number of
    civilian, military, and contract workers as of December 31,
    2008. <<NOTE: Statement.>>  Not later than 180 days after enactment of
    this Act, the Director of the Office of Management and Budget shall
    submit to the Committee a comprehensive statement delineating the
    workforce data by individual department and agency, as well as aggregate
    totals of civilian, military, and contract workers.

                                   TITLE VIII

                    GENERAL PROVISIONS--DISTRICT OF COLUMBIA

        Sec. 801.  Whenever in this Act, an amount is specified within an
    appropriation for particular purposes or objects of expenditure, such
    amount, unless otherwise specified, shall be considered as the maximum
    amount that may be expended for said purpose or object rather than an
    amount set apart exclusively therefor.
        Sec. 802.  Appropriations in this Act shall be available for
    expenses of travel and for the payment of dues of organizations
    concerned with the work of the District of Columbia government, when
    authorized by the Mayor, or, in the case of the Council of the District
    of Columbia, funds may be expended with the authorization of the
    Chairman of the Council.
        Sec. 803.  There are appropriated from the applicable funds of the
    District of Columbia such sums as may be necessary for making refunds
    and for the payment of legal settlements or judgments that have been
    entered against the District of Columbia government.
        Sec. 804. (a) <<NOTE: Lobbying.>>  None of the Federal funds
    provided in this Act shall be used for publicity or propaganda purposes
    or implementation of any policy including boycott designed to support or
    defeat legislation pending before Congress or any State legislature.

        (b) The District of Columbia may use local funds provided in this
    title to carry out lobbying activities on any matter.
        Sec. 805. (a) None of the funds provided under this Act to the
    agencies funded by this Act, both Federal and District government
    agencies, that remain available for obligation or expenditure in fiscal
    year 2009, or provided from any accounts in the Treasury of the United
    States derived by the collection of fees available

    [[Page 123 STAT. 696]]

    to the agencies funded by this Act, shall be available for obligation or
    expenditures for an agency through a reprogramming of funds which--
                (1) creates new programs;
                (2) eliminates a program, project, or responsibility center;
                (3) establishes or changes allocations specifically denied,
            limited or increased under this Act;
                (4) increases funds or personnel by any means for any
            program, project, or responsibility center for which funds have
            been denied or restricted;
                (5) reestablishes any program or project previously deferred
            through reprogramming;
                (6) augments any existing program, project, or
            responsibility center through a reprogramming of funds in excess
            of $3,000,000 or 10 percent, whichever is less; or
                (7) increases <<NOTE: Notification. Deadlines. Reports.>>
            by 20 percent or more personnel assigned to a specific program,
            project or responsibility center,

    unless in the case of Federal funds, the Committees on Appropriations of
    the House of Representatives and the Senate are notified in writing 15
    days in advance of the reprogramming and in the case of local funds, the
    Committees on Appropriations of the House of Representatives and the
    Senate are provided summary reports on April 1, 2009 and October 1,
    2009, setting forth detailed information regarding each such local funds
    reprogramming conducted subject to this subsection.
        (b) None <<NOTE: Reports. Deadlines.>>  of the local funds contained
    in this Act may be available for obligation or expenditure for an agency
    through a transfer of any local funds in excess of $3,000,000 from one
    appropriation heading to another unless the Committees on Appropriations
    of the House of Representatives and the Senate are provided summary
    reports on April 1, 2009 and October 1, 2009, setting forth detailed
    information regarding each reprogramming conducted subject to this
    subsection.

        (c) The District of Columbia government is authorized to approve and
    execute reprogramming and transfer requests of local funds under this
    title through December 1, 2009.
        Sec. 806.  Consistent <<NOTE: Applicability.>>  with the provisions
    of section 1301(a) of title 31, United States Code, appropriations under
    this Act shall be applied only to the objects for which the
    appropriations were made except as otherwise provided by law.

        Sec. 807.  None <<NOTE: Cohabiting couples.>>  of the Federal funds
    made available in this Act may be used to implement or enforce the
    Health Care Benefits Expansion Act of 1992 (D.C. Law 9-114; D.C.
    Official Code, sec. 32-701 et seq.) or to otherwise implement or enforce
    any system of registration of unmarried, cohabiting couples, including
    but not limited to registration for the purpose of extending employment,
    health, or governmental benefits to such couples on the same basis that
    such benefits are extended to legally married couples.

        Sec. 808. (a) Section 446B(f) of the District of Columbia Home Rule
    Act (sec. 1-204.46b(f), D.C. Official Code) is amended by striking
    ``fiscal years 2006 through 2008'' and inserting ``fiscal year 2006 and
    each succeeding fiscal year''.
        (b) The amendment made by subsection (a) shall take effect as if
    included in the enactment of the 2005 District of Columbia Omnibus
    Authorization Act.
        Sec. 809. None of the Federal funds provided in this Act may be used
    by the District of Columbia to provide for salaries, expenses,

    [[Page 123 STAT. 697]]

    or other costs associated with the offices of United States Senator or
    United States Representative under section 4(d) of the District of
    Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C.
    Law 3-171; D.C. Official Code, sec. 1-123).
        Sec. 810.  Except as otherwise provided in this section, none of the
    funds made available by this Act or by any other Act may be used to
    provide any officer or employee of the District of Columbia with an
    official vehicle unless the officer or employee uses the vehicle only in
    the performance of the officer's or employee's official duties. For
    purposes of this section, the term ``official duties'' does not include
    travel between the officer's or employee's residence and workplace,
    except in the case of--
                (1) an officer or employee of the Metropolitan Police
            Department who resides in the District of Columbia or a District
            of Columbia government employee as may otherwise be designated
            by the Chief of the Department;
                (2) at the discretion of the Fire Chief, an officer or
            employee of the District of Columbia Fire and Emergency Medical
            Services Department who resides in the District of Columbia and
            is on call 24 hours a day or is otherwise designated by the Fire
            Chief;
                (3) at the discretion of the Director of the Department of
            Corrections, an officer or employee of the District of Columbia
            Department of Corrections who resides in the District of
            Columbia and is on call 24 hours a day or is otherwise
            designated by the Director;
                (4) the Mayor of the District of Columbia; and
                (5) the Chairman of the Council of the District of Columbia.

        Sec. 811. <<NOTE: Voting rights.>>  (a) None of the Federal funds
    contained in this Act may be used by the District of Columbia Attorney
    General or any other officer or entity of the District government to
    provide assistance for any petition drive or civil action which seeks to
    require Congress to provide for voting representation in Congress for
    the District of Columbia.

        (b) Nothing in this section bars the District of Columbia Attorney
    General from reviewing or commenting on briefs in private lawsuits, or
    from consulting with officials of the District government regarding such
    lawsuits.
        Sec. 812.  None <<NOTE: Needle distribution.>>  of the Federal funds
    contained in this Act may be used for any program of distributing
    sterile needles or syringes for the hypodermic injection of any illegal
    drug.

        Sec. 813.  Nothing <<NOTE: Contraceptives. Conscience exceptions.>>
    in this Act may be construed to prevent the Council or Mayor of the
    District of Columbia from addressing the issue of the provision of
    contraceptive coverage by health insurance plans, but it is the intent
    of Congress that any legislation enacted on such issue should include a
    ``conscience clause'' which provides exceptions for religious beliefs
    and moral convictions.

        Sec. 814. (a) Notwithstanding section 615(i)(3)(B) of the
    Individuals With Disabilities Education Act (20 U.S.C. 1415(i)(3)(B)),
    none of the funds contained in this Act or in any other Act making
    appropriations for the government of the District of Columbia for fiscal
    year 2009 or any succeeding fiscal year may be made available--
                (1) to pay the fees of an attorney who represents a party in
            or defends an IDEA proceeding which was initiated prior to the
            date of the enactment of this Act in an amount in excess of
            $4,000 for that proceeding; or

    [[Page 123 STAT. 698]]

                (2) to pay the fees of an attorney or firm who represents a
            party in or defends an IDEA proceeding if the Chief Financial
            Officer of the District of Columbia determines that the attorney
            or firm has a pecuniary interest (either directly or through an
            attorney, officer, or employee of the firm) in any special
            education diagnostic services or schools or other special
            education service providers.

        (b) In <<NOTE: Definitions.>>  this section, the term ``IDEA
    proceeding'' means any action or administrative proceeding (including
    any ensuing or related proceedings before a court of competent
    jurisdiction) brought against the District of Columbia Public Schools
    under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et
    seq.).

        Sec. 815. <<NOTE: Reports.>>  The Mayor of the District of Columbia
    shall submit to the Committees on Appropriations of the House of
    Representatives and the Senate, the Committee on Oversight and
    Government Reform of the House of Representatives, and the Committee on
    Homeland Security and Governmental Affairs of the Senate annual reports
    addressing--
                (1) crime, including the homicide rate, implementation of
            community policing, the number of police officers on local
            beats, and the closing down of open-air drug markets;
                (2) access to substance and alcohol abuse treatment,
            including the number of treatment slots, the number of people
            served, the number of people on waiting lists, and the
            effectiveness of treatment programs, the retention rates in
            treatment programs, and the recidivism/re-arrest rates for
            treatment participants;
                (3) management of parolees and pre-trial violent offenders,
            including the number of halfway houses escapes and steps taken
            to improve monitoring and supervision of halfway house residents
            to reduce the number of escapes to be provided in consultation
            with the Court Services and Offender Supervision Agency for the
            District of Columbia;
                (4) education, including access to special education
            services and student achievement to be provided in consultation
            with the District of Columbia Public Schools and the District of
            Columbia public charter schools, repeated grade rates, high
            school graduation rates, post-secondary education attendance
            rates, and teen pregnancy rates;
                (5) improvement in basic District services, including rat
            control and abatement;
                (6) application for and management of Federal grants,
            including the number and type of grants for which the District
            was eligible but failed to apply and the number and type of
            grants awarded to the District but for which the District failed
            to spend the amounts received;
                (7) indicators of child and family well-being including
            child living arrangements by family structure, number of
            children aging out of foster care, poverty rates by family
            structure, crime by family structure, marriage rates by income
            quintile, and out-of-wedlock births; and
                (8) employment, including job status and participation in
            assistance programs by income, education and family structure.

        Sec. 816. <<NOTE: Effective dates.>>  Beginning in fiscal year 2009
    and each fiscal year thereafter, the amount appropriated to the District
    of Columbia may be increased by no more than $100,000,000 from funds
    identified in the annual comprehensive annual financial report as the

    [[Page 123 STAT. 699]]

    District's immediately preceding fiscal year's unexpended general fund
    surplus. The District may obligate and expend these amounts only in
    accordance with the following conditions:
                (1) The <<NOTE: Certification.>>  Chief Financial Officer of
            the District of Columbia shall certify that the use of any such
            amounts is not anticipated to have a negative impact on the
            District's long-term financial, fiscal, and economic vitality.
                (2) The District of Columbia may only use these funds for
            the following expenditures:
                        (A) One-time expenditures.
                        (B) Expenditures to avoid deficit spending.
                        (C) Debt Reduction.
                        (D) Program needs.
                        (E) Expenditures to avoid revenue shortfalls.
                (3) The amounts shall be obligated and expended in
            accordance with laws enacted by the Council in support of each
            such obligation or expenditure.
                (4) The amounts may not be used to fund the agencies of the
            District of Columbia government under court ordered
            receivership.
                (5) The <<NOTE: Notification. Deadline.>>  amounts may not
            be obligated or expended unless the Mayor notifies the
            Committees on Appropriations of the House of Representatives and
            the Senate not fewer than 30 days in advance of the obligation
            or expenditure.

        Sec. 817. (a) <<NOTE: Effective dates.>>  Beginning in fiscal year
    2009 and each fiscal year thereafter, consistent with revenue
    collections, the amount appropriated as District of Columbia Funds may
    be increased--
                (1) by an aggregate amount of not more than 25 percent, in
            the case of amounts proposed to be allocated as ``Other-Type
            Funds'' in the annual Proposed Budget and Financial Plan
            submitted to Congress by the District of Columbia; and
                (2) by an aggregate amount of not more than 6 percent, in
            the case of any other amounts proposed to be allocated in such
            Proposed Budget and Financial Plan.

        (b) The District of Columbia may obligate and expend any increase in
    the amount of funds authorized under this section only in accordance
    with the following conditions:
                (1) The <<NOTE: Certification.>>  Chief Financial Officer of
            the District of Columbia shall certify--
                        (A) the increase in revenue; and
                        (B) that the use of the amounts is not anticipated
                    to have a negative impact on the long-term financial,
                    fiscal, or economic health of the District.
                (2) The amounts shall be obligated and expended in
            accordance with laws enacted by the Council of the District of
            Columbia in support of each such obligation and expenditure,
            consistent with the requirements of this Act.
                (3) The amounts may not be used to fund any agencies of the
            District government operating under court-ordered receivership.
                (4) The <<NOTE: Notification. Deadline.>>  amounts may not
            be obligated or expended unless the Mayor has notified the
            Committees on Appropriations of the House of Representatives and
            the Senate not fewer than 30 days in advance of the obligation
            or expenditure.

        Sec. 818. <<NOTE: Effective dates. Loans.>>  Beginning in fiscal
    year 2009 and each fiscal year thereafter, the Chief Financial Officer
    for the District of Columbia may, for the purpose of cash flow
    management, conduct short-

    [[Page 123 STAT. 700]]

    term borrowing from the emergency reserve fund and from the contingency
    reserve fund established under section 450A of the District of Columbia
    Home Rule Act (Public Law 93-198): Provided, That the amount borrowed
    shall not exceed 50 percent of the total amount of funds contained in
    both the emergency and contingency reserve funds at the time of
    borrowing: Provided further, That the borrowing shall not deplete either
    fund by more than 50 percent: <<NOTE: Deadlines.>>  Provided further,
    That 100 percent of the funds borrowed shall be replenished within 9
    months of the time of the borrowing or by the end of the fiscal year,
    whichever occurs earlier: Provided further, That <<NOTE: Deadline.>>  in
    the event that short-term borrowing has been conducted and the emergency
    or the contingency reserve funds are later depleted below 50 percent as
    a result of an emergency or contingency, an amount equal to the amount
    necessary to restore reserve levels to 50 percent of the total amount of
    funds contained in both the emergency and contingency reserve fund must
    be replenished from the amount borrowed within 60 days.

        Sec. 819. (a) <<NOTE: Drugs and drug abuse.>>  None of the funds
    contained in this Act may be used to enact or carry out any law, rule,
    or regulation to legalize or otherwise reduce penalties associated with
    the possession, use, or distribution of any schedule I substance under
    the Controlled Substances Act (21 U.S.C. 801 et seq.) or any
    tetrahydrocannabinols derivative.

        (b) The Legalization of Marijuana for Medical Treatment Initiative
    of 1998, also known as Initiative 59, approved by the electors of the
    District of Columbia on November 3, 1998, shall not take effect.
        Sec. 820.  None <<NOTE: Abortion.>>  of the funds appropriated under
    this Act shall be expended for any abortion except where the life of the
    mother would be endangered if the fetus were carried to term or where
    the pregnancy is the result of an act of rape or incest.

        Sec. 821.  Amounts appropriated in this Act as operating funds may
    be transferred to the District of Columbia's enterprise and capital
    funds and such amounts, once transferred shall retain appropriation
    authority consistent with the provisions of this Act.
        Sec. 822. (a) Increase in the Hourly Rate for Attorneys Representing
    Indigent Defendants in the District of Columbia Courts.--Section 11-
    2604(a), District of Columbia Official Code, is amended by striking
    ``$80 per hour'' and inserting ``$90 per hour''.
        (b) Special Rule for Compensation of Attorneys in Neglect and
    Termination of Parental Rights Proceedings.--Section 16-2326.01(b),
    District of Columbia Official Code, is amended--
                (1) in paragraph (1), by striking ``$1,760'' and inserting
            ``$1,980'';
                (2) in paragraph (2), by striking ``$1,760'' and inserting
            ``$1,980'';
                (3) in paragraph (3), by striking ``$2,400'' and inserting
            ``$2,700''; and
                (4) in paragraph (4), by striking ``$1,200'' and inserting
            ``$1,350''.

        (c) Effective Date.--The amendments made by this section shall apply
    with respect to cases and proceedings initiated on or after the date of
    enactment of this Act.
        Sec. 823. Section 2 of the Act entitled ``An Act Relative to the
    control of wharf property and certain public spaces in the

    [[Page 123 STAT. 701]]

    District of Columbia'', approved March 3, 1899 (sec. 10-501.02(a), D.C.
    Official Code) is amended by striking the last sentence.
        Sec. 824.  Except as expressly provided otherwise, any reference to
    ``this Act'' contained in this title or in title IV shall be treated as
    referring only to the provisions of this title or of title IV.
        This division may be cited as the ``Financial Services and General
    Government Appropriations Act, 2009''.

    DIVISION E--DEPARTMENT <<NOTE: Department of the Interior, Environment,
       and Related Agencies Appropriations Act, 2009.>>  OF THE INTERIOR,
    ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2009

                                     TITLE I

                           DEPARTMENT OF THE INTERIOR

                            Bureau of Land Management

                        management of lands and resources

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

                                  construction

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

    [[Page 123 STAT. 702]]

                                land acquisition

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

                        oregon and california grant lands

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

                    forest ecosystem health and recovery fund

                        (revolving fund, special account)

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

                               range improvements

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

    [[Page 123 STAT. 703]]

                   service charges, deposits, and forfeitures

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

                            miscellaneous trust funds

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

                      PAYMENTS FROM PROCEEDS, SALE OF WATER

                                  (rescission)

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

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

                                  (rescission)

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

                            Administrative Provisions

        Appropriations for the Bureau of Land Management (BLM) shall be
    available for purchase, erection, and dismantlement of temporary
    structures, and alteration and maintenance of necessary buildings and
    appurtenant facilities to which the United States has title; up to
    $100,000 for payments, at the discretion of the Secretary, for
    information or evidence concerning violations of laws

    [[Page 123 STAT. 704]]

    administered by the Bureau; miscellaneous and emergency expenses of
    enforcement activities authorized or approved by the Secretary and to be
    accounted for solely on the Secretary's certificate, not to exceed
    $10,000: Provided, That notwithstanding 44 U.S.C. 501, the Bureau may,
    under cooperative cost-sharing and partnership arrangements authorized
    by law, procure printing services from cooperators in connection with
    jointly produced publications for which the cooperators share the cost
    of printing either in cash or in services, and the Bureau determines the
    cooperator is capable of meeting accepted quality standards: Provided
    further, That projects to be funded pursuant to a written commitment by
    a State government to provide an identified amount of money in support
    of the project may be carried out by the Bureau on a reimbursable basis.
        In fiscal <<NOTE: Fees. 30 USC 28l.>>  year 2009 and each fiscal
    year thereafter, the Bureau of Land Management shall collect mining law
    administration fees; such fees shall be collected in the same manner as
    those authorized by 30 U.S.C. 28f and 28g only to the extent provided in
    advance in appropriations Acts.

        The provisions of law codified at sections 28f(a) and 28g of title
    30, United States Code, are amended to remove the modifications made
    under the heading ``administrative provisions'', under the heading
    ``Bureau of Land Management'' in title I of the Department of the
    Interior, Environment, and Related Agencies Appropriations Act, 2008
    (division F of Public Law 110-161; 121 Stat. 2101).
        Sums not <<NOTE: 43 USC 1474f.>>  to exceed 1 percent of the total
    value of procurements received by the Bureau of Land Management from
    vendors under enterprise information technology-procurements that the
    Department of the Interior and other Federal Government agencies may use
    to order information technology hereafter may be deposited into the
    Management of Lands and Resources account to offset costs incurred in
    conducting the procurement.

                     United States Fish and Wildlife Service

                               resource management

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

    [[Page 123 STAT. 705]]

    (a)(1) prior to October 1, 2008: Provided further, That of the amount
    available for law enforcement, up to $400,000, to remain available until
    expended, may at the discretion of the Secretary be used for payment for
    information, rewards, or evidence concerning violations of laws
    administered by the Service, and miscellaneous and emergency expenses of
    enforcement activity, authorized or approved by the Secretary and to be
    accounted for solely on the Secretary's certificate: Provided further,
    That of the amount provided for environmental contaminants, up to
    $1,000,000 may remain available until expended for contaminant sample
    analyses.

                                  CONSTRUCTION

                         (including rescission of funds)

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

                                land acquisition

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

                cooperative endangered species conservation fund

                         (including rescission of funds)

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

                          national wildlife refuge fund

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

    [[Page 123 STAT. 706]]

                    North American Wetlands Conservation Fund

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

                     Neotropical Migratory Bird Conservation

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

                     Multinational Species Conservation Fund

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

                        state and tribal wildlife grants

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

    [[Page 123 STAT. 707]]

    the total costs of such projects and the Federal share of implementation
    grants shall not exceed 50 percent of the total costs of such projects:
    Provided further, That the non-Federal share of such projects may not be
    derived from Federal grant programs: Provided further, That no State,
    territory, or other jurisdiction shall receive a grant if its
    comprehensive wildlife conservation plan is disapproved and such funds
    that would have been distributed to such State, territory, or other
    jurisdiction shall be distributed equitably to States, territories, and
    other jurisdictions with approved plans: Provided further, That any
    amount apportioned in 2009 to any State, territory, or other
    jurisdiction that remains unobligated as of September 30, 2010, shall be
    reapportioned, together with funds appropriated in 2011, in the manner
    provided herein.

                   WILDLIFE CONSERVATION AND APPRECIATION FUND

                                  (rescission)

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

                            administrative provisions

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

                              National Park Service

                      Operation of the National Park System

        For expenses necessary for the management, operation, and
    maintenance of areas and facilities administered by the National Park
    Service (including expenses to carry out programs of the United States
    Park Police), and for the general administration of the National Park
    Service, $2,131,529,000, of which $9,851,000 for planning and
    interagency coordination in support of Everglades restoration and
    $99,586,000 for maintenance, repair or rehabilitation projects for
    constructed assets, operation of the National Park

    [[Page 123 STAT. 708]]

    Service automated facility management software system, and comprehensive
    facility condition assessments shall remain available until September
    30, 2010.

                      national recreation and preservation

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

                           historic preservation fund

                  (including transfers and rescission of funds)

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

                                  Construction

                         (including rescission of funds)

        For construction, improvements, repair or replacement of physical
    facilities, including a portion of the expense for the modifications
    authorized by section 104 of the Everglades National Park Protection and
    Expansion Act of 1989, $233,158,000, to remain available until expended:
    Provided, That funds appropriated in this Act, or in any prior Act of
    Congress, for the implementation of the Modified Water Deliveries to
    Everglades National Park Project, shall be made available to the Army
    Corps of Engineers which shall, notwithstanding any other provision of
    law, immediately and without further delay construct or cause to be
    constructed Alternative 3.2.2.a to U.S. Highway 41 (the Tamiami Trail)
    consistent with the Limited Reevaluation Report with Integrated
    Environmental Assessment and addendum, approved August 2008: Provided
    further, That <<NOTE: Study. Bridges.>>  the Secretary of the Interior,
    acting through the National Park Service, is directed to immediately
    evaluate the feasibility of additional bridge length, beyond that to be
    constructed pursuant to the Modified Water Deliveries to Everglades
    National Park Project (16 U.S.C. Sec. 410r-8), including a continuous
    bridge, or additional bridges or some combination thereof, for the
    Tamiami Trail (U.S. Highway 41) to restore more natural water flow to
    Everglades National Park and Florida Bay and for the purpose of
    restoring habitat within the Park and the ecological

    [[Page 123 STAT. 709]]

    connectivity between the Park and the Water Conservation Areas.
    The <<NOTE: Study. Recommen- dation. Deadline.>>  feasibility study and
    the recommendation of the Secretary shall be submitted to the Congress
    no later than 12 months from the date of enactment of this Act: Provided
    further, That for fiscal year 2009 and hereafter, fees paid by the
    National Park Service to the West Yellowstone/Hebgen Basin Solid Waste
    District will be restricted to operations and maintenance costs of the
    facility, given the capital contribution made by the National Park
    Service: Provided further, That, notwithstanding any other provision of
    law, a single procurement for the construction project at the Jefferson
    Memorial plaza and seawall in Washington, DC, may be issued which
    includes the full scope of the project: Provided further, That the
    solicitation and the contract shall contain the clause ``availability of
    funds'' found at 48 CFR 52.232.18: Provided further, That the National
    Park Service shall grant funds not to exceed $3,000,000 to the St. Louis
    Metropolitan Park and Recreation District for the purpose of planning
    and constructing a pedestrian bridge to provide safe visitor access to
    the Jefferson National Expansion Memorial Arch: Provided further, That
    the unobligated balances in the Federal Infrastructure Improvement Fund
    under this heading are permanently rescinded.

                        land and water conservation fund

                                  (rescission)

        The contract <<NOTE: 16 USC 460l-10a note.>>  authority provided for
    fiscal year 2009 by 16 U.S.C. 460l-10a is rescinded.

                      land acquisition and state assistance

                         (including rescission of funds)

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

                         urban park and recreation fund

                                  (rescission)

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

    [[Page 123 STAT. 710]]

                            administrative provisions

        In addition to other uses set forth in section 407(d) of Public Law
    105-391, franchise fees credited to a sub-account shall be available for
    expenditure by the Secretary, without further appropriation, for use at
    any unit within the National Park System to extinguish or reduce
    liability for Possessory Interest or leasehold surrender interest. Such
    funds may only be used for this purpose to the extent that the
    benefiting unit anticipated franchise fee receipts over the term of the
    contract at that unit exceed the amount of funds used to extinguish or
    reduce liability. Franchise fees at the benefiting unit shall be
    credited to the sub-account of the originating unit over a period not to
    exceed the term of a single contract at the benefiting unit, in the
    amount of funds so expended to extinguish or reduce liability.
        For fiscal <<NOTE: 42 USC 4601 note.>>  year 2009 and hereafter, a
    willing seller from whom the Service acquires title to real property may
    be considered a ``displaced person'' for purposes of the Uniform
    Relocation Assistance and Real Property Acquisition Policy Act and its
    implementing regulations, whether or not the Service has the authority
    to acquire such property by eminent domain.

        For the costs of administration of the Land and Water Conservation
    Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico
    Energy Security Act of 2006 (Public Law 109-432), the National Park
    Service may retain up to 3 percent of the amounts which are authorized
    to be disbursed under such section, such retained amounts to remain
    available until expended.
        Section 3(f) of the Act of August 21, 1935 (16 U.S.C. 463(f)),
    related to the National Park System Advisory Board, is amended in the
    first sentence by striking ``2009'' and inserting ``2010''.

                         United States Geological Survey

                      surveys, investigations, and research

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

    [[Page 123 STAT. 711]]

    than one-half the cost of topographic mapping or water resources data
    collection and investigations carried on in cooperation with States and
    municipalities.

                            administrative provisions

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

                           Minerals Management Service

                    royalty and offshore minerals management

        For expenses necessary for minerals leasing and environmental
    studies, regulation of industry operations, and collection of royalties,
    as authorized by law; for enforcing laws and regulations applicable to
    oil, gas, and other minerals leases, permits, licenses and operating
    contracts; for energy-related or other authorized marine-related
    purposes on the Outer Continental Shelf; and for matching grants or
    cooperative agreements, $157,373,000, to remain available until
    September 30, 2010, of which $86,684,000 shall be available for royalty
    management activities; and an amount not to exceed $146,730,000, to be
    credited to this appropriation and to remain available until expended,
    from additions to receipts resulting from increases to rates in effect
    on August 5, 1993, and from cost recovery fees: Provided,
    That <<NOTE: 30 USC 1759.>>  in fiscal year 2009 and each fiscal year
    thereafter, fees and charges authorized by 31 U.S.C. 9701 may be
    collected only to the extent provided in advance in appropriations Acts:
    Provided further, That notwithstanding 31 U.S.C. 3302, in fiscal year
    2009, such amounts as are assessed under 31 U.S.C. 9701 shall be
    collected and credited to this account and shall be available until
    expended for necessary expenses: Provided further, That to the extent
    $146,730,000 in addition to receipts are not realized from the sources
    of receipts stated above, the amount needed to reach $146,730,000 shall
    be credited to this appropriation

    [[Page 123 STAT. 712]]

    from receipts resulting from rental rates for Outer Continental Shelf
    leases in effect before August 5, 1993: <<NOTE: Definition.>>  Provided
    further, That the term ``qualified Outer Continental Shelf revenues'',
    as defined in section 102(9)(A) of the Gulf of Mexico Energy Security
    Act, division C of Public Law 109-432, shall include only the portion of
    rental revenues that would have been collected at the rental rates in
    effect before August 5, 1993: Provided further, That not to exceed
    $3,000 shall be available for reasonable expenses related to promoting
    volunteer beach and marine cleanup activities: Provided further, That
    notwithstanding any other provision of law, $15,000 under this heading
    shall be available for refunds of overpayments in connection with
    certain Indian leases in which the Director of MMS concurred with the
    claimed refund due, to pay amounts owed to Indian allottees or tribes,
    or to correct prior unrecoverable erroneous payments.

                               oil spill research

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

                            Administrative Provision

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

              Office of Surface Mining Reclamation and Enforcement

                            regulation and technology

        For necessary expenses to carry out the provisions of the Surface
    Mining Control and Reclamation Act of 1977, Public Law 95-87, as
    amended, $120,156,000, to remain available until September 30, 2010:
    Provided, That, <<NOTE: 30 USC 1308a.>>  in fiscal year 2009 and
    thereafter, the Secretary of the Interior, pursuant to regulations, may
    use directly or through grants to States, moneys collected for civil
    penalties assessed under section 518 of the Surface Mining Control and
    Reclamation Act of 1977 (30 U.S.C. 1268), to reclaim lands adversely
    affected by coal mining practices after August 3, 1977, to remain
    available until expended: Provided further, That appropriations
    for <<NOTE: 30 USC 1211 note.>>  the Office of Surface Mining
    Reclamation and Enforcement may provide for the travel and per diem
    expenses of State and tribal personnel attending Office of Surface
    Mining Reclamation and Enforcement sponsored training.

                         abandoned mine reclamation fund

                         (including rescission of funds)

        For necessary expenses to carry out title IV of the Surface Mining
    Control and Reclamation Act of 1977, Public Law 95-87, as amended,
    $52,946,000, to be derived from receipts of the Abandoned Mine
    Reclamation Fund and to remain available until

    [[Page 123 STAT. 713]]

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

                            administrative provision

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

                            Bureau of Indian Affairs

                          operation of indian programs

                          (including transfer of funds)

        For expenses necessary for the operation of Indian programs, as
    authorized by law, including the Snyder Act of November 2, 1921 (25
    U.S.C. 13), the Indian Self-Determination and Education Assistance Act
    of 1975 (25 U.S.C. 450 et seq.), as amended, the Education Amendments of
    1978 (25 U.S.C. 2001-2019), and the Tribally Controlled Schools Act of
    1988 (25 U.S.C. 2501 et seq.), as amended, $2,128,630,000, to remain
    available until September 30, 2010 except as otherwise provided herein;
    of which not to exceed $8,500 may be for official reception and
    representation expenses; of which not to exceed $74,915,000 shall be for
    welfare assistance payments: Provided, That in cases of designated
    Federal disasters, the Secretary may exceed such cap, from the amounts
    provided herein, to provide for disaster relief to Indian communities
    affected by the disaster; notwithstanding any other provision of law,
    including but not limited to the Indian Self-Determination Act of 1975,
    as amended, not to exceed $147,294,000 shall be available for payments
    for contract support costs associated with ongoing contracts, grants,
    compacts, or annual funding agreements entered into with the Bureau
    prior to or during fiscal year 2009, as authorized by such Act, except
    that tribes and tribal organizations may use their tribal priority
    allocations for unmet contract support costs of ongoing contracts,
    grants, or compacts, or annual

    [[Page 123 STAT. 714]]

    funding agreements and for unmet welfare assistance costs; of which not
    to exceed $499,470,000 for school operations costs of Bureau-funded
    schools and other education programs shall become available on July 1,
    2009, and shall remain available until September 30, 2010; and of which
    not to exceed $58,623,000 shall remain available until expended for
    housing improvement, road maintenance, attorney fees, litigation
    support, the Indian Self-Determination Fund, land records improvement,
    and the Navajo-Hopi Settlement Program: Provided further, That
    notwithstanding any other provision of law, including but not limited to
    the Indian Self-Determination Act of 1975, as amended, and 25 U.S.C.
    2008, not to exceed $43,373,000 within and only from such amounts made
    available for school operations shall be available for administrative
    cost grants associated with ongoing grants entered into with the Bureau
    prior to or during fiscal year 2008 for the operation of Bureau-funded
    schools, and up to $500,000 within and only from such amounts made
    available for administrative cost grants shall be available for the
    transitional costs of initial administrative cost grants to grantees
    that assume operation on or after July 1, 2008, of Bureau-funded
    schools: Provided further, That any forestry funds allocated to a tribe
    which remain unobligated as of September 30, 2010, may be transferred
    during fiscal year 2011 to an Indian forest land assistance account
    established for the benefit of the holder of the funds within the
    holder's trust fund account: <<NOTE: Expiration date.>>  Provided
    further, That any such unobligated balances not so transferred shall
    expire on September 30, 2011.

                                  construction

                          (including transfer of funds)

        For construction, repair, improvement, and maintenance of irrigation
    and power systems, buildings, utilities, and other facilities, including
    architectural and engineering services by contract; acquisition of
    lands, and interests in lands; and preparation of lands for farming, and
    for construction of the Navajo Indian Irrigation Project pursuant to
    Public Law 87-483, $217,688,000, to remain available until expended:
    Provided, That such amounts as may be available for the construction of
    the Navajo Indian Irrigation Project may be transferred to the Bureau of
    Reclamation: Provided further, That not to exceed 6 percent of contract
    authority available to the Bureau of Indian Affairs from the Federal
    Highway Trust Fund may be used to cover the road program management
    costs of the Bureau: Provided further, That any funds provided for the
    Safety of Dams program pursuant to 25 U.S.C. 13 shall be made available
    on a nonreimbursable basis: Provided further, That for fiscal year 2009,
    in implementing new construction or facilities improvement and repair
    project grants in excess of $100,000 that are provided to grant schools
    under Public Law 100-297, as amended, the Secretary of the Interior
    shall use the Administrative and Audit Requirements and Cost Principles
    for Assistance Programs contained in 43 CFR part 12 as the regulatory
    requirements: Provided further, That <<NOTE: Negotiation.>>  such grants
    shall not be subject to section 12.61 of 43 CFR; the Secretary and the
    grantee shall negotiate and determine a schedule of payments for the
    work to be performed: Provided further, That in considering grant
    applications, the Secretary shall consider whether such grantee would be
    deficient in assuring that the construction projects conform to
    applicable

    [[Page 123 STAT. 715]]

    building standards and codes and Federal, tribal, or State health and
    safety standards as required by 25 U.S.C. 2005(b), with respect to
    organizational and financial management capabilities: Provided further,
    That if the Secretary declines a grant application, the Secretary shall
    follow the requirements contained in 25 U.S.C. 2504(f): Provided
    further, That any disputes between the Secretary and any grantee
    concerning a grant shall be subject to the disputes provision in 25
    U.S.C. 2507(e): Provided further, That in order to ensure timely
    completion of construction projects, the Secretary may assume control of
    a project and all funds related to the project, if, within eighteen
    months of the date of enactment of this Act, any grantee receiving funds
    appropriated in this Act or in any prior Act, has not completed the
    planning and design phase of the project and commenced construction:
    Provided further, That this appropriation may be reimbursed from the
    Office of the Special Trustee for American Indians appropriation for the
    appropriate share of construction costs for space expansion needed in
    agency offices to meet trust reform implementation.

     indian land and water claim settlements and miscellaneous payments to
                                     indians

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

                     indian guaranteed loan program account

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

                            Administrative Provisions

        The Bureau of Indian Affairs may carry out the operation of Indian
    programs by direct expenditure, contracts, cooperative agreements,
    compacts and grants, either directly or in cooperation with States and
    other organizations.
        Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs may
    contract for services in support of the management, operation, and
    maintenance of the Power Division of the San Carlos Irrigation Project.
        Appropriations for the Bureau of Indian Affairs (except the
    Revolving Fund for Loans Liquidating Account, Indian Loan Guaranty and
    Insurance Fund Liquidating Account, Indian Guaranteed Loan Financing
    Account, Indian Direct Loan Financing Account, and the Indian Guaranteed
    Loan Program account) shall be available for expenses of exhibits.

    [[Page 123 STAT. 716]]

        Notwithstanding any other provision of law, no funds available to
    the Bureau of Indian Affairs for central office oversight and Executive
    Direction and Administrative Services (except executive direction and
    administrative services funding for Tribal Priority Allocations,
    regional offices, and facilities operations and maintenance) shall be
    available for contracts, grants, compacts, or cooperative agreements
    with the Bureau of Indian Affairs under the provisions of the Indian
    Self-Determination Act or the Tribal Self-Governance Act of 1994 (Public
    Law 103-413).
        In the event any tribe returns appropriations made available by this
    Act to the Bureau of Indian Affairs, this action shall not diminish the
    Federal Government's trust responsibility to that tribe, or the
    government-to-government relationship between the United States and that
    tribe, or that tribe's ability to access future appropriations.
        Notwithstanding any other provision of law, no funds available to
    the Bureau, other than the amounts provided herein for assistance to
    public schools under 25 U.S.C. 452 et seq., shall be available to
    support the operation of any elementary or secondary school in the State
    of Alaska.
        Appropriations made available in this or any other Act for schools
    funded by the Bureau shall be available only to the schools in the
    Bureau school system as of September 1, 1996. No funds available to the
    Bureau shall be used to support expanded grades for any school or
    dormitory beyond the grade structure in place or approved by the
    Secretary of the Interior at each school in the Bureau school system as
    of October 1, 1995. <<NOTE: Charter schools.>>  Funds made available
    under this Act may not be used to establish a charter school at a
    Bureau-funded school (as that term is defined in section 1146 of the
    Education Amendments of 1978 (25 U.S.C. 2026)), except that a charter
    school that is in existence on the date of the enactment of this Act and
    that has operated at a Bureau-funded school before September 1, 1999,
    may continue to operate during that period, but only if the charter
    school pays to the Bureau a pro rata share of funds to reimburse the
    Bureau for the use of the real and personal property (including buses
    and vans), the funds of the charter school are kept separate and apart
    from Bureau funds, and the Bureau does not assume any obligation for
    charter school programs of the State in which the school is located if
    the charter school loses such funding. Employees of Bureau-funded
    schools sharing a campus with a charter school and performing functions
    related to the charter schools operation and employees of a charter
    school shall not be treated as Federal employees for purposes of chapter
    171 of title 28, United States Code.

        Notwithstanding any other provision of law, including section 113 of
    title I of appendix C of Public Law 106-113, if in fiscal year 2003 or
    2004 a grantee received indirect and administrative costs pursuant to a
    distribution formula based on section 5(f) of Public Law 101-301, the
    Secretary shall continue to distribute indirect and administrative cost
    funds to such grantee using the section 5(f) distribution formula.

    [[Page 123 STAT. 717]]

                              Departmental Offices

                             Office of the Secretary

                              salaries and expenses

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

                Management of Federal Lands for Subsistence Uses

                                  (rescission)

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

                                 Insular Affairs

                            Assistance to Territories

        For expenses necessary for assistance to territories under the
    jurisdiction of the Department of the Interior, $78,665,000, of which:
    (1) $69,815,000 shall remain available until expended for technical
    assistance, including maintenance assistance, disaster assistance,
    insular management controls, coral reef initiative activities, and brown
    tree snake control and research; grants to the judiciary in American
    Samoa for compensation and expenses, as authorized by law (48 U.S.C.
    1661(c)); grants to the Government of American Samoa, in addition to
    current local revenues, for construction and support of governmental
    functions; grants to the Government of the Virgin Islands as authorized
    by law; grants to the Government of Guam, as authorized by law; and
    grants to the Government of the Northern Mariana Islands as authorized
    by law (Public Law 94-241; 90 Stat. 272); and (2) $8,850,000 shall be
    available until September 30, 2010 for salaries and expenses of the
    Office of Insular Affairs: Provided, That <<NOTE: 48 USC 1469b.>>  all
    financial transactions of the territorial and local governments herein
    provided for, including such transactions of all agencies or
    instrumentalities established or used by such governments, may be
    audited by the Government Accountability Office, at its discretion, in
    accordance with chapter 35 of title 31, United States Code: Provided
    further, That Northern Mariana Islands Covenant grant funding shall be
    provided according to those terms of the Agreement of the Special
    Representatives on Future United States Financial Assistance for the
    Northern Mariana Islands approved by Public Law 104-134: <<NOTE: Pacific
    Basin Development Council.>>  Provided further, That of the amounts
    provided for technical assistance, sufficient funds shall be made
    available for a grant to the Pacific Basin Development
    Council: <<NOTE: Close Up Foundation.>>  Provided further, That of the
    amounts

    [[Page 123 STAT. 718]]

    provided for technical assistance, sufficient funding shall be made
    available for a grant to the Close Up Foundation: Provided further, That
    the funds for the program of operations and maintenance improvement are
    appropriated to institutionalize routine operations and maintenance
    improvement of capital infrastructure with territorial participation and
    cost sharing to be determined by the Secretary based on the grantee's
    commitment to timely maintenance of its capital assets: Provided
    further, That any appropriation for disaster assistance under this
    heading in this Act or previous appropriations Acts may be used as non-
    Federal matching funds for the purpose of hazard mitigation grants
    provided pursuant to section 404 of the Robert T. Stafford Disaster
    Relief and Emergency Assistance Act (42 U.S.C. 5170c).

                           compact of free association

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

                             Office of the Solicitor

                              salaries and expenses

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

                           Office of Inspector General

                              salaries and expenses

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

               Office of the Special Trustee for American Indians

                             federal trust programs

                          (including transfer of funds)

        For the operation of trust programs for Indians by direct
    expenditure, contracts, cooperative agreements, compacts, and grants,
    $181,648,000, to remain available until expended, of which not to exceed
    $56,445,000 from this or any other Act, shall be available for
    historical accounting: Provided, That funds for trust management
    improvements and litigation support may, as needed, be transferred to or
    merged with the Bureau of Indian Affairs, ``Operation of Indian
    Programs'' account; the Office of the Solicitor, ``Salaries and
    Expenses'' account; and the Office of the Secretary, ``Salaries and
    Expenses'' account: Provided further, That funds made available through
    contracts or grants obligated during fiscal year 2009, as authorized by
    the Indian Self-Determination Act of 1975 (25 U.S.C. 450 et seq.), shall
    remain available until expended by the contractor or grantee: Provided
    further, That, notwithstanding any other provision of law, the statute
    of limitations shall not

    [[Page 123 STAT. 719]]

    commence to run on any claim, including any claim in litigation pending
    on the date of the enactment of this Act, concerning losses to or
    mismanagement of trust funds, until the affected tribe or individual
    Indian has been furnished with an accounting of such funds from which
    the beneficiary can determine whether there has been a loss: Provided
    further, That, notwithstanding any other provision of law, the Secretary
    shall not be required to provide a quarterly statement of performance
    for any Indian trust account that has not had activity for at least 18
    months and has a balance of $15.00 or less: <<NOTE: Deadline. Account
    statement. Records.>>  Provided further, That the Secretary shall issue
    an annual account statement and maintain a record of any such accounts
    and shall permit the balance in each such account to be withdrawn upon
    the express written request of the account holder: Provided further,
    That not to exceed $50,000 is available for the Secretary to make
    payments to correct administrative errors of either disbursements from
    or deposits to Individual Indian Money or Tribal accounts after
    September 30, 2002: Provided further, That erroneous payments that are
    recovered shall be credited to and remain available in this account for
    this purpose: Provided further, That not to exceed $6,000,000 may be
    transferred from unobligated balances (Treasury Accounts 14X6039,
    14X6803 and 14X8030) for the purpose of one-time accounting
    reconciliations of the balances, as sanctioned by the Chief Financial
    Officers Act of 1990, American Indian Trust Fund Management Reform Act
    of 1994 and the Federal Managers' Financial Integrity Act (FMFIA).

                            Department-wide Programs

                            wildland fire management

                         (including transfers of funds)

        For necessary expenses for fire preparedness, suppression
    operations, fire science and research, emergency rehabilitation,
    hazardous fuels reduction, and rural fire assistance by the Department
    of the Interior, $859,453,000, to remain available until expended, of
    which not to exceed $6,137,000 shall be for the renovation or
    construction of fire facilities: Provided, That such funds are also
    available for repayment of advances to other appropriation accounts from
    which funds were previously transferred for such purposes: Provided
    further, That persons hired pursuant to 43 U.S.C. 1469 may be furnished
    subsistence and lodging without cost from funds available from this
    appropriation: Provided further, That notwithstanding 42 U.S.C. 1856d,
    sums received by a bureau or office of the Department of the Interior
    for fire protection rendered pursuant to 42 U.S.C. 1856 et seq.,
    protection of United States property, may be credited to the
    appropriation from which funds were expended to provide that protection,
    and are available without fiscal year limitation: Provided further, That
    using the amounts designated under this title of this Act, the Secretary
    of the Interior may enter into procurement contracts, grants, or
    cooperative agreements, for hazardous fuels reduction activities, and
    for training and monitoring associated with such hazardous fuels
    reduction activities, on Federal land, or on adjacent non-Federal land
    for activities that benefit resources on Federal land: Provided further,
    That the costs of implementing any cooperative agreement between the
    Federal Government and any non-Federal entity may be shared, as mutually
    agreed on by the affected parties: Provided further,

    [[Page 123 STAT. 720]]

    That notwithstanding requirements of the Competition in Contracting Act,
    the Secretary, for purposes of hazardous fuels reduction activities, may
    obtain maximum practicable competition among: (1) local private,
    nonprofit, or cooperative entities; (2) Youth Conservation Corps crews,
    Public Lands Corps (Public Law 109-154), or related partnerships with
    State, local, or non-profit youth groups; (3) small or micro-businesses;
    or (4) other entities that will hire or train locally a significant
    percentage, defined as 50 percent or more, of the project workforce to
    complete such contracts: <<NOTE: Guidance.>>  Provided further, That in
    implementing this section, the Secretary shall develop written guidance
    to field units to ensure accountability and consistent application of
    the authorities provided herein: Provided further, That funds
    appropriated under this head may be used to reimburse the United States
    Fish and Wildlife Service and the National Marine Fisheries Service for
    the costs of carrying out their responsibilities under the Endangered
    Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and conference,
    as required by section 7 of such Act, in connection with wildland fire
    management activities: Provided further, That the Secretary of the
    Interior may use wildland fire appropriations to enter into non-
    competitive sole source leases of real property with local governments,
    at or below fair market value, to construct capitalized improvements for
    fire facilities on such leased properties, including but not limited to
    fire guard stations, retardant stations, and other initial attack and
    fire support facilities, and to make advance payments for any such lease
    or for construction activity associated with the lease: Provided
    further, That the Secretary of the Interior and the Secretary of
    Agriculture may authorize the transfer of funds appropriated for
    wildland fire management, in an aggregate amount not to exceed
    $10,000,000, between the Departments when such transfers would
    facilitate and expedite jointly funded wildland fire management programs
    and projects: Provided further, That funds provided for wildfire
    suppression shall be available for support of Federal emergency response
    actions.

                        central hazardous materials fund

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

               Natural Resource Damage Assessment and Restoration

                     natural resource damage assessment fund

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

    [[Page 123 STAT. 721]]

                              working capital fund

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

                            administrative provisions

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

                 General Provisions, Department of the Interior

                         (including transfers of funds)

        Sec. 101. Appropriations made in this title shall be available for
    expenditure or transfer (within each bureau or office), with the
    approval of the Secretary, for the emergency reconstruction,
    replacement, or repair of aircraft, buildings, utilities, or other
    facilities or equipment damaged or destroyed by fire, flood, storm, or
    other unavoidable causes: Provided, That no funds shall be made
    available under this authority until funds specifically made available
    to the Department of the Interior for emergencies shall have been
    exhausted: Provided further, That all funds used pursuant to this
    section must be replenished by a supplemental appropriation which must
    be requested as promptly as possible.
        Sec. 102. The Secretary may authorize the expenditure or transfer of
    any no year appropriation in this title, in addition to the amounts
    included in the budget programs of the several agencies, for the
    suppression or emergency prevention of wildland fires on or threatening
    lands under the jurisdiction of the Department of the Interior; for the
    emergency rehabilitation of burned-over lands under its jurisdiction;
    for emergency actions related to potential or actual earthquakes,
    floods, volcanoes, storms, or other unavoidable causes; for contingency
    planning subsequent to actual oil spills; for response and natural
    resource damage assessment activities related to actual oil spills; for
    the prevention, suppression, and control of actual or potential
    grasshopper and Mormon cricket outbreaks on lands under the jurisdiction
    of the Secretary, pursuant to the authority in section 1773(b) of Public
    Law 99-198 (99 Stat. 1658); for emergency reclamation projects under
    section 410 of Public Law 95-87; and shall transfer, from any no year
    funds available to the Office of Surface Mining Reclamation and
    Enforcement, such funds as may be necessary to permit assumption of
    regulatory authority in the event a primacy State is not carrying out
    the regulatory provisions of the Surface Mining Act: Provided, That
    appropriations made in this title for wildland fire operations shall be
    available for the payment of obligations incurred during the preceding
    fiscal year, and for reimbursement

    [[Page 123 STAT. 722]]

    to other Federal agencies for destruction of vehicles, aircraft, or
    other equipment in connection with their use for wildland fire
    operations, such reimbursement to be credited to appropriations
    currently available at the time of receipt
    thereof: <<NOTE: Determination.>>  Provided further, That for wildland
    fire operations, no funds shall be made available under this authority
    until the Secretary determines that funds appropriated for ``wildland
    fire operations'' shall be exhausted within 30 days: Provided further,
    That all funds used pursuant to this section must be replenished by a
    supplemental appropriation which must be requested as promptly as
    possible: Provided further, That such replenishment funds shall be used
    to reimburse, on a pro rata basis, accounts from which emergency funds
    were transferred.

        Sec. 103. Appropriations made to the Department of the Interior in
    this title shall be available for services as authorized by 5 U.S.C.
    3109, when authorized by the Secretary, in total amount not to exceed
    $500,000; purchase and replacement of motor vehicles, including
    specially equipped law enforcement vehicles; hire, maintenance, and
    operation of aircraft; hire of passenger motor vehicles; purchase of
    reprints; payment for telephone service in private residences in the
    field, when authorized under regulations approved by the Secretary; and
    the payment of dues, when authorized by the Secretary, for library
    membership in societies or associations which issue publications to
    members only or at a price to members lower than to subscribers who are
    not members.
        Sec. 104. Appropriations made in this Act under the headings Bureau
    of Indian Affairs and Office of the Special Trustee for American Indians
    and any unobligated balances from prior appropriations Acts made under
    the same headings shall be available for expenditure or transfer for
    Indian trust management and reform activities. Total funding for
    historical accounting activities shall not exceed amounts specifically
    designated in this Act for such purpose.
        Sec. 105. Notwithstanding any other provision of law, the Secretary
    of the Interior is authorized to redistribute any Tribal Priority
    Allocation funds, including tribal base funds, to alleviate tribal
    funding inequities by transferring funds to address identified, unmet
    needs, dual enrollment, overlapping service areas or inaccurate
    distribution methodologies. No tribe shall receive a reduction in Tribal
    Priority Allocation funds of more than 10 percent in fiscal year 2009.
    Under circumstances of dual enrollment, overlapping service areas or
    inaccurate distribution methodologies, the 10 percent limitation does
    not apply.
        Sec. 106. Notwithstanding any other provision of law, in conveying
    the Twin Cities Research Center under the authority provided by Public
    Law 104-134, as amended by Public Law 104-208, the Secretary may accept
    and retain land and other forms of reimbursement: Provided, That the
    Secretary may retain and use any such reimbursement until expended and
    without further appropriation: (1) for the benefit of the National
    Wildlife Refuge System within the State of Minnesota; and (2) for all
    activities authorized by 16 U.S.C. 460zz.
        Sec. 107. The Secretary of the Interior may use discretionary funds
    to pay private attorney fees and costs for employees and former
    employees of the Department of the Interior reasonably incurred in
    connection with Cobell v. Kempthorne to the extent that such fees and
    costs are not paid by the Department of Justice

    [[Page 123 STAT. 723]]

    or by private insurance. In no case shall the Secretary make payments
    under this section that would result in payment of hourly fees in excess
    of the highest hourly rate approved by the District Court for the
    District of Columbia for counsel in Cobell v. Kempthorne.
        Sec. 108. <<NOTE: Salmon.>>  The United States Fish and Wildlife
    Service shall, in carrying out its responsibilities to protect
    threatened and endangered species of salmon, implement a system of mass
    marking of salmonid stocks, intended for harvest, that are released from
    federally operated or federally financed hatcheries including but not
    limited to fish releases of coho, chinook, and steelhead species. Marked
    fish must have a visible mark that can be readily identified by
    commercial and recreational fishers.

        Sec. 109. No funds appropriated for the Department of the Interior
    by this Act or any other Act shall be used to study or implement any
    plan to drain Lake Powell or to reduce the water level of the lake below
    the range of water levels required for the operation of the Glen Canyon
    Dam.
        Sec. 110. <<NOTE: New York. New Jersey. Contracts.>>
    Notwithstanding any other provision of law, the Secretary of the
    Interior is authorized to acquire lands, waters, or interests therein
    including the use of all or part of any pier, dock, or landing within
    the State of New York and the State of New Jersey, for the purpose of
    operating and maintaining facilities in the support of transportation
    and accommodation of visitors to Ellis, Governors, and Liberty Islands,
    and of other program and administrative activities, by donation or with
    appropriated funds, including franchise fees (and other monetary
    consideration), or by exchange; and the Secretary is authorized to
    negotiate and enter into leases, subleases, concession contracts or
    other agreements for the use of such facilities on such terms and
    conditions as the Secretary may determine reasonable.

        Sec. 111. Title 43 U.S.C. 1473, as amended by Public Law 110-161, is
    further amended by deleting the phrase ``in fiscal year 2008 only'' and
    inserting in lieu thereof ``in fiscal years 2008 and 2009 only''.
        Sec. 112. No funds appropriated or otherwise made available to the
    Department of the Interior may be used, in relation to any proposal to
    store water for the purpose of export, for approval of any right-of-way
    or similar authorization on the Mojave National Preserve or lands
    managed by the Needles Field Office of the Bureau of Land Management, or
    for carrying out any activities associated with such right-of-way or
    similar approval.
        Sec. 113. The Secretary of the Interior may enter into cooperative
    agreements with a State or political subdivision (including any agency
    thereof), or any not-for-profit organization if the agreement will: (1)
    serve a mutual interest of the parties to the agreement in carrying out
    the programs administered by the Department of the Interior; and (2) all
    parties will contribute resources to the accomplishment of these
    objectives. At the discretion of the Secretary, such agreements shall
    not be subject to a competitive process.
        Sec. 114. Funds provided in this Act for Federal land acquisition by
    the National Park Service for Shenandoah Valley Battlefields National
    Historic District and Ice Age National Scenic Trail may be used for a
    grant to a State, a local government, or any other land management
    entity for the acquisition of lands without regard to any restriction on
    the use of Federal land acquisition

    [[Page 123 STAT. 724]]

    funds provided through the Land and Water Conservation Fund Act of 1965
    as amended.
        Sec. 115. <<NOTE: Applicability.>>  Sections 109 and 110 of the
    Federal Oil and Gas Royalty Management Act (30 U.S.C. 1719 and 1720)
    shall apply to any lease authorizing exploration for or development of
    coal, any other solid mineral, or any geothermal resource on any Federal
    or Indian lands and any lease, easement, right of way, or other
    agreement, regardless of form, for use of the Outer Continental Shelf or
    any of its resources under sections 8(k) or 8(p) of the Outer
    Continental Shelf Lands Act (43 U.S.C. 1337(k) and 1337(p)) to the same
    extent as if such lease, easement, right of way, or other agreement,
    regardless of form, were an oil and gas lease, except that in such cases
    the term ``royalty payment'' shall include any payment required by such
    lease, easement, right of way or other agreement, regardless of form, or
    by applicable regulation.

        Sec. 116. <<NOTE: Federal buildings and grounds. 16 USC 760-4
    note.>>  The Pittsford National Fish Hatchery in Chittenden, Vermont is
    hereby renamed the Dwight D. Eisenhower National Fish Hatchery.

        Sec. 117. Section 6 of the Great Sand Dunes National Park and
    Preserve Act of 2000 (16 U.S.C. 410hhh-4) is amended--
                (1) in subsection (a)--
                        (A) by striking ``(a) Establishment.--(1) When'' and
                    inserting the following:

        ``(a) Establishment and Purpose.--
                ``(1) Establishment.--
                        ``(A) In general.--When'';
                        (B) in paragraph (2), by striking ``(2) Such
                    establishment'' and inserting the following:
                        ``(B) Effective date.--The establishment of the
                    refuge under subparagraph (A)''; and
                        (C) by adding at the end the following:
                ``(2) Purpose.--The purpose of the Baca National Wildlife
            Refuge shall be to restore, enhance, and maintain wetland,
            upland, riparian, and other habitats for native wildlife, plant,
            and fish species in the San Luis Valley.'';
                (2) in subsection (c)--
                        (A) by striking ``The Secretary'' and inserting the
                    following:
                ``(1) In general.--The Secretary''; and
                        (B) by adding at the end the following:
                ``(2) Requirements.--In administering the Baca National
            Wildlife Refuge, the Secretary shall, to the maximum extent
            practicable--
                        ``(A) emphasize migratory bird conservation; and
                        ``(B) take into consideration the role of the Refuge
                    in broader landscape conservation efforts.''; and
                (3) in subsection (d)--
                        (A) in paragraph (1), by striking ``and'' at the
                    end;
                        (B) in paragraph (2), by striking the period at the
                    end and inserting ``; and''; and
                        (C) by adding at the end the following:
                ``(3) subject to any agreement in existence as of the date
            of enactment of this paragraph, and to the extent consistent
            with the purposes of the Refuge, use decreed water rights on the
            Refuge in approximately the same manner that the water rights
            have been used historically.''.

    [[Page 123 STAT. 725]]

        Sec. 118. None of the funds in this Act may be used to further
    reduce the number of Axis or Fallow deer at Point Reyes National
    Seashore below the number as of the date of enactment of this Act.

                                    TITLE II

                         ENVIRONMENTAL PROTECTION AGENCY

                             Science and Technology

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

                      Environmental Programs and Management

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

                           Office of Inspector General

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

                            Buildings and Facilities

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

                          Hazardous Substance Superfund

                         (including transfers of funds)

        For necessary expenses to carry out the Comprehensive Environmental
    Response, Compensation, and Liability Act of 1980 (CERCLA), as amended,
    including sections 111(c)(3), (c)(5), (c)(6),

    [[Page 123 STAT. 726]]

    and (e)(4) (42 U.S.C. 9611) $1,285,024,000, to remain available until
    expended, consisting of such sums as are available in the Trust Fund on
    September 30, 2008, as authorized by section 517(a) of the Superfund
    Amendments and Reauthorization Act of 1986 (SARA) and up to
    $1,285,024,000 as a payment from general revenues to the Hazardous
    Substance Superfund for purposes as authorized by section 517(b) of
    SARA, as amended: Provided, That funds appropriated under this heading
    may be allocated to other Federal agencies in accordance with section
    111(a) of CERCLA: Provided further, That of the funds appropriated under
    this heading, $9,975,000 shall be paid to the ``Office of Inspector
    General'' appropriation to remain available until September 30, 2010,
    and $26,417,000 shall be paid to the ``Science and Technology''
    appropriation to remain available until September 30, 2010.

               Leaking Underground Storage Tank Trust Fund Program

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

                               Oil Spill Response

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

                       State and Tribal Assistance Grants

        For environmental programs and infrastructure assistance, including
    capitalization grants for State revolving funds and performance
    partnership grants, $2,968,464,000, to remain available until expended,
    of which $689,080,000 shall be for making capitalization grants for the
    Clean Water State Revolving Funds under title VI of the Federal Water
    Pollution Control Act, as amended (the ``Act''); of which up to
    $75,000,000 shall be available for loans, including interest free loans
    as authorized by 33 U.S.C. 1383(d)(1)(A), to municipal, inter-municipal,
    interstate, or State agencies or nonprofit entities for projects that
    provide treatment for or that minimize sewage or stormwater discharges
    using one or more approaches which include, but are not limited to,
    decentralized or distributed stormwater controls, decentralized
    wastewater treatment, low-impact development practices, conservation
    easements, stream buffers, or wetlands restoration; $829,029,000 shall
    be for capitalization grants for the Drinking Water State Revolving
    Funds under section 1452 of the Safe Drinking Water Act, as

    [[Page 123 STAT. 727]]

    amended; $20,000,000 shall be for architectural, engineering, planning,
    design, construction and related activities in connection with the
    construction of high priority water and wastewater facilities in the
    area of the United States-Mexico Border, after consultation with the
    appropriate border commission; <<NOTE: Alaska.>>  $18,500,000 shall be
    for grants to the State of Alaska to address drinking water and waste
    infrastructure needs of rural and Alaska Native Villages: Provided,
    That, of these funds: (1) the State of Alaska shall provide a match of
    25 percent; (2) no more than 5 percent of the funds may be used for
    administrative and overhead expenses; and (3) the State of Alaska shall
    make awards consistent with the State-wide priority list established in
    conjunction with the Agency and the U.S. Department of Agriculture for
    all water, sewer, waste disposal, and similar projects carried out by
    the State of Alaska that are funded under section 221 of the Federal
    Water Pollution Control Act (33 U.S.C. 1301) or the Consolidated Farm
    and Rural Development Act (7 U.S.C. 1921 et seq.) which shall allocate
    not less than 25 percent of the funds provided for projects in regional
    hub communities; $145,000,000 shall be for making special project grants
    for the construction of drinking water, wastewater and storm water
    infrastructure and for water quality protection in accordance with the
    terms and conditions specified for such grants in the explanatory
    statement described in section 4 (in the matter preceding division A of
    this consolidated Act), and, for purposes of these grants, each grantee
    shall contribute not less than 45 percent of the cost of the project
    unless the grantee is approved for a waiver by the Agency; $97,000,000
    shall be to carry out section 104(k) of the Comprehensive Environmental
    Response, Compensation, and Liability Act of 1980 (CERCLA), as amended,
    including grants, interagency agreements, and associated program support
    costs; $60,000,000 shall be for grants under title VII, subtitle G of
    the Energy Policy Act of 2005, as amended; $15,000,000 shall be for
    grants for cost-effective emission reduction projects in accordance with
    the terms and conditions of the explanatory statement described in
    section 4 (in the matter preceding division A of this consolidated Act);
    and $1,094,855,000 shall be for grants, including associated program
    support costs, to States, federally recognized tribes, interstate
    agencies, tribal consortia, and air pollution control agencies for
    multi-media or single media pollution prevention, control and abatement
    and related activities, including activities pursuant to the provisions
    set forth under this heading in Public Law 104-134, and for making
    grants under section 103 of the Clean Air Act for particulate matter
    monitoring and data collection activities subject to terms and
    conditions specified by the Administrator, of which $49,495,000 shall be
    for carrying out section 128 of CERCLA, as amended, $10,000,000 shall be
    for Environmental Information Exchange Network grants, including
    associated program support costs, $18,500,000 of the funds available for
    grants under section 106 of the Act shall be for water quality
    monitoring activities, $10,000,000 shall be for competitive grants to
    communities to develop plans and demonstrate and implement projects
    which reduce greenhouse gas emissions, and, in addition to funds
    appropriated under the heading ``Leaking Underground Storage Tank Trust
    Fund Program'' to carry out the provisions of the Solid Waste Disposal
    Act specified in section 9508(c) of the Internal Revenue Code other than
    section 9003(h) of the Solid Waste Disposal Act, as amended, $2,500,000
    shall be for grants to States

    [[Page 123 STAT. 728]]

    under section 2007(f)(2) of the Solid Waste Disposal Act, as amended:
    Provided further, That notwithstanding section 603(d)(7) of the Federal
    Water Pollution Control Act, the limitation on the amounts in a State
    water pollution control revolving fund that may be used by a State to
    administer the fund shall not apply to amounts included as principal in
    loans made by such fund in fiscal year 2009 and prior years where such
    amounts represent costs of administering the fund to the extent that
    such amounts are or were deemed reasonable by the Administrator,
    accounted for separately from other assets in the fund, and used for
    eligible purposes of the fund, including administration: Provided
    further, That for fiscal year 2009, and notwithstanding section 518(f)
    of the Act, the Administrator is authorized to use the amounts
    appropriated for any fiscal year under section 319 of that Act to make
    grants to federally recognized Indian tribes pursuant to sections 319(h)
    and 518(e) of that Act: Provided further, That for fiscal year 2009,
    notwithstanding the limitation on amounts in section 518(c) of the Act,
    up to a total of 1\1/2\ percent of the funds appropriated for State
    Revolving Funds under title VI of that Act may be reserved by the
    Administrator for grants under section 518(c) of that Act: Provided
    further, That no funds provided by this appropriations Act to address
    the water, wastewater and other critical infrastructure needs of the
    colonias in the United States along the United States-Mexico border
    shall be made available to a county or municipal government unless that
    government has established an enforceable local ordinance, or other
    zoning rule, which prevents in that jurisdiction the development or
    construction of any additional colonia areas, or the development within
    an existing colonia the construction of any new home, business, or other
    structure which lacks water, wastewater, or other necessary
    infrastructure.

           Administrative Provisions, Environmental Protection Agency

                         (including rescission of funds)

        For fiscal year 2009, notwithstanding 31 U.S.C. 6303(1) and 6305(1),
    the Administrator of the Environmental Protection Agency, in carrying
    out the Agency's function to implement directly Federal environmental
    programs required or authorized by law in the absence of an acceptable
    tribal program, may award cooperative agreements to federally recognized
    Indian Tribes or Intertribal consortia, if authorized by their member
    Tribes, to assist the Administrator in implementing Federal
    environmental programs for Indian Tribes required or authorized by law,
    except that no such cooperative agreements may be awarded from funds
    designated for State financial assistance agreements.
        The Administrator <<NOTE: Fees.>>  of the Environmental Protection
    Agency is authorized to collect and obligate pesticide registration
    service fees in accordance with section 33 of the Federal Insecticide,
    Fungicide, and Rodenticide Act, as amended by Public Law 110-94, the
    Pesticide Registration Improvement Renewal Act.

        For fiscal <<NOTE: 42 USC 4370g.>>  year 2009 and thereafter, the
    Science and Technology and Environmental Programs and Management
    Accounts are available for uniforms, or allowances therefore, as
    authorized by 5 U.S.C. 5901-02 and for services as authorized by 5
    U.S.C. 3109, but at rates for individuals not to exceed the daily
    equivalent of the rate paid for level IV of the Executive Schedule.
    Unless specifically authorized by law, for fiscal year 2009 and
    thereafter, none of

    [[Page 123 STAT. 729]]

    the funds available under this title for grants may be used to pay for
    the salaries of individual consultants at more than the daily equivalent
    of the rate paid for level IV of the Executive Schedule.

        None of the funds made available by this Act may be used in
    contravention of, or to delay the implementation of, Executive Order No.
    12898 of February 11, 1994 (59 Fed. Reg. 7629; relating to Federal
    actions to address environmental justice in minority populations and
    low-income populations).
        Title II of Public Law 109-54, under the heading Administrative
    Provisions, is <<NOTE: 119 Stat. 531.>>  amended: in the fourth
    paragraph, strike ``make not to exceed five appointments in any fiscal
    year under the authority provided in 42 U.S.C. 209 for the Office of
    Research and Development'' and insert ``employ up to thirty persons at
    any one time in the Office of Research and Development under the
    authority provided in 42 U.S.C. 209''.

        From unobligated balances to carry out projects and activities
    funded through the State and Tribal Assistance Grants Account,
    $10,000,000 are permanently rescinded.
        Of the funds <<NOTE: Publication. Regulations. Deadline. Greenhouse
    gas emissions.>>  provided in the Environmental Programs and Management
    Account, not less than $6,500,000 shall be used for activities to
    develop and publish a final rule not later than June 26, 2009, and to
    begin implementation, to require mandatory reporting of greenhouse gas
    emissions above appropriate thresholds in all sectors of the economy of
    the United States, as required by Public Law 110-161.

        For fiscal <<NOTE: 42 USC 4370h.>>  year 2009 and thereafter, the
    Science and Technology, Environmental Programs and Management, Office of
    Inspector General, Hazardous Substance Superfund, and Leaking
    Underground Storage Tank Trust Fund Program Accounts, are available for
    the construction, alteration, repair, rehabilitation, and renovation of
    facilities provided that the cost does not exceed $85,000 per project.

                                    TITLE III

                                RELATED AGENCIES

                            DEPARTMENT OF AGRICULTURE

                                 Forest Service

                          forest and rangeland research

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

                           state and private forestry

        For necessary expenses of cooperating with and providing technical
    and financial assistance to States, territories, possessions, and
    others, and for forest health management, including treatments of pests,
    pathogens, and invasive or noxious plants and for restoring and
    rehabilitating forests damaged by pests or invasive plants, cooperative
    forestry, and education and land conservation activities and conducting
    an international program as authorized, $265,861,000, to remain
    available until expended, as authorized

    [[Page 123 STAT. 730]]

    by law; and of which $49,445,000 is to be derived from the Land and
    Water Conservation Fund.

                             National Forest System

                         (including rescission of funds)

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

                       capital improvement and maintenance

                          (including transfer of funds)

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

                                land acquisition

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

    [[Page 123 STAT. 731]]

             acquisition of lands for national forests special acts

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

                 acquisition of lands to complete land exchanges

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

                              range betterment fund

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

         gifts, donations and bequests for forest and rangeland research

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

            management of national forest lands for subsistence uses

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

                            wildland fire management

                         (including transfers of funds)

        For necessary expenses for forest fire presuppression activities on
    National Forest System lands, for emergency fire suppression on or
    adjacent to such lands or other lands under fire protection agreement,
    hazardous fuels reduction on or adjacent to such lands, and for
    emergency rehabilitation of burned-over National Forest System lands and
    water, $2,131,630,000, to remain available until expended: Provided,
    That such funds including unobligated balances under this heading, are
    available for repayment of advances from other appropriations accounts
    previously transferred for such purposes: Provided further, That such
    funds shall be available to reimburse State and other cooperating
    entities for services provided in response to wildfire and other
    emergencies or disasters to the

    [[Page 123 STAT. 732]]

    extent such reimbursements by the Forest Service for non-fire
    emergencies are fully repaid by the responsible emergency management
    agency: Provided further, That, notwithstanding any other provision of
    law, $8,000,000 of funds appropriated under this appropriation shall be
    used for Fire Science Research in support of the Joint Fire Science
    Program: Provided further, That all authorities for the use of funds,
    including the use of contracts, grants, and cooperative agreements,
    available to execute the Forest and Rangeland Research appropriation,
    are also available in the utilization of these funds for Fire Science
    Research: Provided further, That funds provided shall be available for
    emergency rehabilitation and restoration, hazardous fuels reduction
    activities in the urban-wildland interface, support to Federal emergency
    response, and wildfire suppression activities of the Forest Service:
    Provided further, That of the funds provided, $328,086,000 is for
    hazardous fuels reduction activities, $11,500,000 is for rehabilitation
    and restoration, $23,917,000 is for research activities and to make
    competitive research grants pursuant to the Forest and Rangeland
    Renewable Resources Research Act, as amended (16 U.S.C. 1641 et seq.),
    $55,000,000 is for State fire assistance, $9,000,000 is for volunteer
    fire assistance, $17,252,000 is for forest health activities on Federal
    lands and $9,928,000 is for forest health activities on State and
    private lands: Provided further, That amounts in this paragraph may be
    transferred to the ``State and Private Forestry'', ``National Forest
    System'', and ``Forest and Rangeland Research'' accounts to fund State
    fire assistance, volunteer fire assistance, forest health management,
    forest and rangeland research, the Joint Fire Science Program,
    vegetation and watershed management, heritage site rehabilitation, and
    wildlife and fish habitat management and restoration: Provided further,
    That <<NOTE: Notification. Transfer date.>>  up to $15,000,000 of the
    funds provided under this heading for hazardous fuels treatments may be
    transferred to and made a part of the ``National Forest System'' account
    at the sole discretion of the Chief of the Forest Service 30 days after
    notifying the House and the Senate Committees on Appropriations:
    Provided further, That the costs of implementing any cooperative
    agreement between the Federal Government and any non-Federal entity may
    be shared, as mutually agreed on by the affected parties: Provided
    further, That in addition to funds provided for State Fire Assistance
    programs, and subject to all authorities available to the Forest Service
    under the State and Private Forestry Appropriation, up to $15,000,000
    may be used on adjacent non-Federal lands for the purpose of protecting
    communities when hazard reduction activities are planned on national
    forest lands that have the potential to place such communities at risk:
    Provided further, That funds made available to implement the Community
    Forest Restoration Act, Public Law 106-393, title VI, shall be available
    for use on non-Federal lands in accordance with authorities available to
    the Forest Service under the State and Private Forestry Appropriation:
    Provided further, That the Secretary of the Interior and the Secretary
    of Agriculture may authorize the transfer of funds appropriated for
    wildland fire management, in an aggregate amount not to exceed
    $10,000,000, between the Departments when such transfers would
    facilitate and expedite jointly funded wildland fire management programs
    and projects: Provided further, That of the funds provided for hazardous
    fuels reduction, not to exceed $5,000,000, may be used to make grants,
    using any authorities available to the Forest Service under

    [[Page 123 STAT. 733]]

    the State and Private Forestry appropriation, for the purpose of
    creating incentives for increased use of biomass from national forest
    lands: Provided further, That funds designated for wildfire suppression
    shall be assessed for cost pools on the same basis as such assessments
    are calculated against other agency programs.

                    Administrative Provisions, Forest Service

        Appropriations to the Forest Service for the current fiscal year
    shall be available for: (1) purchase of passenger motor vehicles;
    acquisition of passenger motor vehicles from excess sources, and hire of
    such vehicles; purchase, lease, operation, maintenance, and acquisition
    of aircraft from excess sources to maintain the operable fleet for use
    in Forest Service wildland fire programs and other Forest Service
    programs; notwithstanding other provisions of law, existing aircraft
    being replaced may be sold, with proceeds derived or trade-in value used
    to offset the purchase price for the replacement aircraft; (2) services
    pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for employment
    under 5 U.S.C. 3109; (3) purchase, erection, and alteration of buildings
    and other public improvements (7 U.S.C. 2250); (4) acquisition of land,
    waters, and interests therein pursuant to 7 U.S.C. 428a; (5) for
    expenses pursuant to the Volunteers in the National Forest Act of 1972
    (16 U.S.C. 558a, 558d, and 558a note); (6) the cost of uniforms as
    authorized by 5 U.S.C. 5901-5902; and (7) for debt collection contracts
    in accordance with 31 U.S.C. 3718(c).
        Any appropriations or funds available to the Forest Service may be
    transferred to the Wildland Fire Management appropriation for forest
    firefighting, emergency rehabilitation of burned-over or damaged lands
    or waters under its jurisdiction, and fire preparedness due to severe
    burning conditions upon notification of the House and Senate Committees
    on Appropriations and if and only if all previously appropriated
    emergency contingent funds under the heading ``Wildland Fire
    Management'' have been released by the President and apportioned and all
    wildfire suppression funds under the heading ``Wildland Fire
    Management'' are obligated.
        Funds appropriated to the Forest Service shall be available for
    assistance to or through the Agency for International Development in
    connection with forest and rangeland research, technical information,
    and assistance in foreign countries, and shall be available to support
    forestry and related natural resource activities outside the United
    States and its territories and possessions, including technical
    assistance, education and training, and cooperation with United States
    and international organizations.
        None of <<NOTE: 16 USC 556i.>>  the funds made available to the
    Forest Service in this Act or any other Act with respect to any fiscal
    year shall be subject to transfer under the provisions of section 702(b)
    of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257),
    section 442 of Public Law 106-224 (7 U.S.C. 7772), or section 10417(b)
    of Public Law 107-107 (7 U.S.C. 8316(b)).

        None of the funds available to the Forest Service may be
    reprogrammed without the advance approval of the House and Senate
    Committees on Appropriations in accordance with the reprogramming
    procedures contained in the explanatory statement described in section 4
    (in the matter preceding division A of this consolidated Act).
        Not more than $73,285,000 of funds available to the Forest Service
    shall be transferred to the Working Capital Fund of the

    [[Page 123 STAT. 734]]

    Department of Agriculture and not more than $19,400,000 of funds
    available to the Forest Service shall be transferred to the Department
    of Agriculture for Department Reimbursable Programs, commonly referred
    to as Greenbook charges. Nothing in this paragraph shall prohibit or
    limit the use of reimbursable agreements requested by the Forest Service
    in order to obtain services from the Department of Agriculture's
    National Information Technology Center.
        Funds available to the Forest Service shall be available to conduct
    a program of up to $5,000,000 for priority projects within the scope of
    the approved budget, of which $2,500,000 shall be carried out by the
    Youth Conservation Corps and $2,500,000 shall be carried out under the
    authority of the Public Lands Corps Healthy Forests Restoration Act of
    2005, Public Law 109-154.
        Of the funds available to the Forest Service, $4,000 is available to
    the Chief of the Forest Service for official reception and
    representation expenses.
        Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of the
    funds available to the Forest Service, $3,000,000 may be advanced in a
    lump sum to the National Forest Foundation to aid conservation
    partnership projects in support of the Forest Service mission, without
    regard to when the Foundation incurs expenses, for administrative
    expenses or projects on or benefitting National Forest System lands or
    related to Forest Service programs: Provided, That the Foundation shall
    obtain, by the end of the period of Federal financial assistance,
    private contributions to match on at least one-for-one basis funds made
    available by the Forest Service: Provided further, That the Foundation
    may transfer Federal funds to Federal or a non-Federal recipient for a
    project at the same rate that the recipient has obtained the non-Federal
    matching funds: Provided further, That authorized investments of Federal
    funds held by the Foundation may be made only in interest-bearing
    obligations of the United States or in obligations guaranteed as to both
    principal and interest by the United States.
        Pursuant to section 2(b)(2) of Public Law 98-244, $3,000,000 of the
    funds available to the Forest Service shall be advanced to the National
    Fish and Wildlife Foundation in a lump sum to aid cost-share
    conservation projects, without regard to when expenses are incurred, on
    or benefitting National Forest System lands or related to Forest Service
    programs: Provided, That such funds shall be matched on at least a one-
    for-one basis by the Foundation or its sub-recipients: Provided further,
    That the Foundation may transfer Federal funds to a Federal or non-
    Federal recipient for a project at the same rate that the recipient has
    obtained the non-Federal matching funds.
        Funds appropriated to the Forest Service shall be available for
    interactions with and providing technical assistance to rural
    communities and natural resource-based businesses for sustainable rural
    development purposes.
        Funds appropriated to the Forest Service shall be available for
    payments to counties within the Columbia River Gorge National Scenic
    Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of
    Public Law 99-663.
        An eligible individual who is employed in any project funded under
    title V of the Older American Act of 1965 (42 U.S.C. 3056 et seq.) and
    administered by the Forest Service shall be considered to be a Federal
    employee for purposes of chapter 171 of title 28, United States Code.

    [[Page 123 STAT. 735]]

        Any funds appropriated to the Forest Service may be used to meet the
    non-Federal share requirement in section 502(c) of the Older American
    Act of 1965 (42 U.S.C. 3056(c)(2)).
        Funds available to the Forest Service, not to exceed $50,000,000,
    shall be assessed for the purpose of performing facilities maintenance.
    Such assessments shall occur using a square foot rate charged on the
    same basis the agency uses to assess programs for payment of rent,
    utilities, and other support services.
        Notwithstanding any other provision of law, any appropriations or
    funds available to the Forest Service not to exceed $500,000 may be used
    to reimburse the Office of the General Counsel (OGC), Department of
    Agriculture, for travel and related expenses incurred as a result of OGC
    assistance or participation requested by the Forest Service at meetings,
    training sessions, management reviews, land purchase negotiations and
    similar non-litigation related matters. Future budget justifications for
    both the Forest Service and the Department of Agriculture should clearly
    display the sums previously transferred and the requested funding
    transfers.

                     DEPARTMENT OF HEALTH AND HUMAN SERVICES

                              Indian Health Service

                             Indian Health Services

        For expenses necessary to carry out the Act of August 5, 1954 (68
    Stat. 674), the Indian Self-Determination Act, the Indian Health Care
    Improvement Act, and titles II and III of the Public Health Service Act
    with respect to the Indian Health Service, $3,190,956,000, together with
    payments received during the fiscal year pursuant to 42 U.S.C. 238(b)
    and 238b for services furnished by the Indian Health Service: Provided,
    That funds made available to tribes and tribal organizations through
    contracts, grant agreements, or any other agreements or compacts
    authorized by the Indian Self-Determination and Education Assistance Act
    of 1975 (25 U.S.C. 450), shall be deemed to be obligated at the time of
    the grant or contract award and thereafter shall remain available to the
    tribe or tribal organization without fiscal year limitation: Provided
    further, That $634,477,000 for contract medical care, including
    $31,000,000 for the Indian Catastrophic Health Emergency Fund, shall
    remain available until expended: Provided further, That no less than
    $36,189,000 is provided for maintaining operations of the urban Indian
    health program: Provided further, That of the funds provided, up to
    $32,000,000 shall remain available until expended for implementation of
    the loan repayment program under section 108 of the Indian Health Care
    Improvement Act: Provided further, That $16,391,000 is provided for the
    methamphetamine and suicide prevention and treatment initiative and
    $7,500,000 is provided for the domestic violence prevention initiative
    and, notwithstanding any other provision of law, the amounts available
    under this proviso shall be allocated at the discretion of the Director
    of the Indian Health Service and shall remain available until expended:
    Provided further, That funds provided in this Act may be used for one-
    year contracts and grants which are to be performed in two fiscal years,
    so long as the total obligation is recorded in the year for which the
    funds are appropriated: Provided further, That the amounts collected by
    the Secretary of Health and Human Services under the authority of title
    IV of the Indian

    [[Page 123 STAT. 736]]

    Health Care Improvement Act shall remain available until expended for
    the purpose of achieving compliance with the applicable conditions and
    requirements of titles XVIII and XIX of the Social Security Act
    (exclusive of planning, design, or construction of new facilities):
    Provided further, That funding contained herein, and in any earlier
    appropriations Acts for scholarship programs under the Indian Health
    Care Improvement Act (25 U.S.C. 1613) shall remain available until
    expended: Provided further, That amounts received by tribes and tribal
    organizations under title IV of the Indian Health Care Improvement Act
    shall be reported and accounted for and available to the receiving
    tribes and tribal organizations until expended: Provided further, That,
    notwithstanding any other provision of law, of the amounts provided
    herein, not to exceed $282,398,000 shall be for payments to tribes and
    tribal organizations for contract or grant support costs associated with
    contracts, grants, self-governance compacts, or annual funding
    agreements between the Indian Health Service and a tribe or tribal
    organization pursuant to the Indian Self-Determination Act of 1975, as
    amended, prior to or during fiscal year 2009, of which not to exceed
    $5,000,000 may be used for contract support costs associated with new or
    expanded self-determination contracts, grants, self-governance compacts,
    or annual funding agreements: Provided further, That the Bureau of
    Indian Affairs may collect from the Indian Health Service, tribes and
    tribal organizations operating health facilities pursuant to Public Law
    93-638, such individually identifiable health information relating to
    disabled children as may be necessary for the purpose of carrying out
    its functions under the Individuals with Disabilities Education Act (20
    U.S.C. 1400, et seq.): Provided further, That the Indian Health Care
    Improvement Fund may be used, as needed, to carry out activities
    typically funded under the Indian Health Facilities account.

                            Indian Health Facilities

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

    [[Page 123 STAT. 737]]

    not to exceed $2,700,000 from this account and the ``Indian Health
    Services'' account shall be used by the Indian Health Service to obtain
    ambulances for the Indian Health Service and tribal facilities in
    conjunction with an existing interagency agreement between the Indian
    Health Service and the General Services Administration: Provided
    further, That not to exceed $500,000 shall be placed in a Demolition
    Fund, available until expended, to be used by the Indian Health Service
    for demolition of Federal buildings.

                administrative provisions, indian health service

        Appropriations in this Act to the Indian Health Service shall be
    available for services as authorized by 5 U.S.C. 3109 but at rates not
    to exceed the per diem rate equivalent to the maximum rate payable for
    senior-level positions under 5 U.S.C. 5376; hire of passenger motor
    vehicles and aircraft; purchase of medical equipment; purchase of
    reprints; purchase, renovation and erection of modular buildings and
    renovation of existing facilities; payments for telephone service in
    private residences in the field, when authorized under regulations
    approved by the Secretary; and for uniforms or allowances therefor as
    authorized by 5 U.S.C. 5901-5902; and for expenses of attendance at
    meetings that relate to the functions or activities for which the
    appropriation is made or otherwise contribute to the improved conduct,
    supervision, or management of those functions or activities.
        In accordance with the provisions of the Indian Health Care
    Improvement Act, non-Indian patients may be extended health care at all
    tribally administered or Indian Health Service facilities, subject to
    charges, and the proceeds along with funds recovered under the Federal
    Medical Care Recovery Act (42 U.S.C. 2651-2653) shall be credited to the
    account of the facility providing the service and shall be available
    without fiscal year limitation. Notwithstanding any other law or
    regulation, funds transferred from the Department of Housing and Urban
    Development to the Indian Health Service shall be administered under
    Public Law 86-121, the Indian Sanitation Facilities Act and Public Law
    93-638, as amended.
        Funds appropriated to the Indian Health Service in this Act, except
    those used for administrative and program direction purposes, shall not
    be subject to limitations directed at curtailing Federal travel and
    transportation.
        None of the funds made available to the Indian Health Service in
    this Act shall be used for any assessments or charges by the Department
    of Health and Human Services unless identified in the budget
    justification and provided in this Act, or approved by the House and
    Senate Committees on Appropriations through the reprogramming process.
        Notwithstanding any other provision of law, funds previously or
    herein made available to a tribe or tribal organization through a
    contract, grant, or agreement authorized by title I or title V of the
    Indian Self-Determination and Education Assistance Act of 1975 (25
    U.S.C. 450), may be deobligated and reobligated to a self-determination
    contract under title I, or a self-governance agreement under title V of
    such Act and thereafter shall remain available to the tribe or tribal
    organization without fiscal year limitation.
        None of <<NOTE: Regulations. Budget request.>>  the funds made
    available to the Indian Health Service in this Act shall be used to
    implement the final rule published

    [[Page 123 STAT. 738]]

    in the Federal Register on September 16, 1987, by the Department of
    Health and Human Services, relating to the eligibility for the health
    care services of the Indian Health Service until the Indian Health
    Service has submitted a budget request reflecting the increased costs
    associated with the proposed final rule, and such request has been
    included in an appropriations Act and enacted into law.

        With respect to functions transferred by the Indian Health Service
    to tribes or tribal organizations, the Indian Health Service is
    authorized to provide goods and services to those entities, on a
    reimbursable basis, including payment in advance with subsequent
    adjustment. The reimbursements received therefrom, along with the funds
    received from those entities pursuant to the Indian Self-Determination
    Act, may be credited to the same or subsequent appropriation account
    that provided the funding, with such amounts to remain available until
    expended.
        Reimbursements for training, technical assistance, or services
    provided by the Indian Health Service will contain total costs,
    including direct, administrative, and overhead associated with the
    provision of goods, services, or technical assistance.
        The appropriation <<NOTE: Notification.>>  structure for the Indian
    Health Service may not be altered without advance notification to the
    House and Senate Committees on Appropriations.

                          National Institutes of Health

               National Institute of Environmental Health Sciences

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

                Agency for Toxic Substances and Disease Registry

                Toxic Substances and Environmental Public Health

        For necessary expenses for the Agency for Toxic Substances and
    Disease Registry (ATSDR) in carrying out activities set forth in
    sections 104(i) and 111(c)(4) of the Comprehensive Environmental
    Response, Compensation, and Liability Act of 1980 (CERCLA), as amended;
    section 118(f) of the Superfund Amendments and Reauthorization Act of
    1986 (SARA), as amended; and section 3019 of the Solid Waste Disposal
    Act, as amended, $74,039,000, of which up to $1,000 to remain available
    until expended, is for Individual Learning Accounts for full-time
    equivalent employees of the Agency for Toxic Substances and Disease
    Registry: Provided, That notwithstanding any other provision of law, in
    lieu of performing a health assessment under section 104(i)(6) of
    CERCLA, the Administrator of ATSDR may conduct other appropriate health
    studies, evaluations, or activities, including, without limitation,
    biomedical testing, clinical evaluations, medical monitoring, and
    referral to accredited health care providers: Provided further, That in
    performing any such health assessment or health study, evaluation, or
    activity, the Administrator of ATSDR shall not be bound by the deadlines
    in section 104(i)(6)(A) of CERCLA: Provided further, That none

    [[Page 123 STAT. 739]]

    of the funds appropriated under this heading shall be available for
    ATSDR to issue in excess of 40 toxicological profiles pursuant to
    section 104(i) of CERCLA during fiscal year 2009, and existing profiles
    may be updated as necessary.

                             OTHER RELATED AGENCIES

                        Executive Office of the President

      council on environmental quality and office of environmental quality

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

                 Chemical Safety and Hazard Investigation Board

                              Salaries and Expenses

                          (including transfer of funds)

        For necessary expenses in carrying out activities pursuant to
    section 112(r)(6) of the Clean Air Act, as amended, including hire of
    passenger vehicles, uniforms or allowances therefor, as authorized by 5
    U.S.C. 5901-5902, and for services authorized by 5 U.S.C. 3109 but at
    rates for individuals not to exceed the per diem equivalent to the
    maximum rate payable for senior level positions under 5 U.S.C. 5376,
    $10,199,000: <<NOTE: Government positions.>>  Provided, That the
    Chemical Safety and Hazard Investigation Board (Board) shall have not
    more than three career Senior Executive Service positions: Provided
    further, That notwithstanding <<NOTE: 5 USC app. 8G note.>>  any other
    provision of law, the individual appointed to the position of Inspector
    General of the Environmental Protection Agency (EPA) shall, by virtue of
    such appointment, also hold the position of Inspector General of the
    Board: Provided further, That notwithstanding any other provision of
    law, the Inspector General of the Board shall utilize personnel of the
    Office of Inspector General of EPA in performing the duties of the
    Inspector General of the Board, and shall not appoint any individuals to
    positions within the Board: Provided further, That of the funds
    appropriated under this heading, $300,000 shall be paid to the ``Office
    of Inspector General'' appropriation of the Environmental Protection
    Agency.

                   Office of Navajo and Hopi Indian Relocation

                              salaries and expenses

        For necessary expenses of the Office of Navajo and Hopi Indian
    Relocation as authorized by Public Law 93-531, $7,530,000, to remain
    available until expended: Provided, That funds provided in this or any
    other appropriations Act are to be used to relocate

    [[Page 123 STAT. 740]]

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

        Institute of American Indian and Alaska Native Culture and Arts
                                   Development

                            payment to the institute

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

                             Smithsonian Institution

                              salaries and expenses

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

                               facilities capital

        For necessary expenses of repair, revitalization, and alteration of
    facilities owned or occupied by the Smithsonian Institution, by contract
    or otherwise, as authorized by section 2 of the Act of August 22, 1949
    (63 Stat. 623), and for construction, including necessary personnel,
    $123,000,000, to remain available until

    [[Page 123 STAT. 741]]

    expended, of which not to exceed $10,000 is for services as authorized
    by 5 U.S.C. 3109.

                                   Legacy Fund

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

                             National Gallery of Art

                              salaries and expenses

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

                 repair, restoration and renovation of buildings

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

    [[Page 123 STAT. 742]]

                 John F. Kennedy Center for the Performing Arts

                           operations and maintenance

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

                         capital repair and restoration

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

                Woodrow Wilson International Center for Scholars

                              salaries and expenses

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

               National Foundation on the Arts and the Humanities

                         National Endowment for the Arts

                            grants and administration

                          (including transfer of funds)

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

                      National Endowment for the Humanities

                            Grants and Administration

        For necessary expenses to carry out the National Foundation on the
    Arts and the Humanities Act of 1965, as amended, $155,000,000, to remain
    available until expended, of which $140,700,000 shall be available for
    support of activities in the humanities, pursuant to section 7(c) of the
    Act and for administering the functions of the Act; and $14,300,000
    shall be available to carry out the matching grants program pursuant to
    section 10(a)(2) of the Act including $9,300,000 for the purposes of
    section 7(h): Provided, That appropriations for carrying out section
    10(a)(2) shall

    [[Page 123 STAT. 743]]

    be available for obligation only in such amounts as may be equal to the
    total amounts of gifts, bequests, and devises of money, and other
    property accepted by the chairman or by grantees of the Endowment under
    the provisions of subsections 11(a)(2)(B) and 11(a)(3)(B) during the
    current and preceding fiscal years for which equal amounts have not
    previously been appropriated.

                            Administrative Provision

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

                             Commission of Fine Arts

                              salaries and expenses

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

                   National Capital Arts and Cultural Affairs

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

                    Advisory Council on Historic Preservation

                              salaries and expenses

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

                      National Capital Planning Commission

                              salaries and expenses

        For necessary expenses, as authorized by the National Capital
    Planning Act of 1952 (40 U.S.C. 71-71i), including services as
    authorized by 5 U.S.C. 3109, $8,328,000: Provided, That one-quarter

    [[Page 123 STAT. 744]]

    of 1 percent of the funds provided under this heading may be used for
    official reception and representational expenses associated with hosting
    international visitors engaged in the planning and physical development
    of world capitals.

                     United States Holocaust Memorial Museum

                            holocaust memorial museum

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

                                 Presidio Trust

                               Presidio Trust Fund

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

                    Dwight D. Eisenhower Memorial Commission

                              Salaries and Expenses

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

                                    TITLE IV

                               GENERAL PROVISIONS

                         (including transfers of funds)

        Sec. 401. <<NOTE: Contracts.>>  The expenditure of any appropriation
    under this Act for any consulting service through procurement contract,
    pursuant to 5 U.S.C. 3109, shall be limited to those contracts where
    such expenditures are a matter of public record and available for public
    inspection, except where otherwise provided under existing law, or under
    existing Executive Order issued pursuant to existing law.

        Sec. 402. <<NOTE: Lobbying.>>  No part of any appropriation
    contained in this Act shall be available for any activity or the
    publication or distribution of literature that in any way tends to
    promote public support or opposition to any legislative proposal on
    which Congressional action is not complete other than to communicate to
    Members of Congress as described in 18 U.S.C. 1913.

        Sec. 403. No part of any appropriation contained in this Act shall
    remain available for obligation beyond the current fiscal year unless
    expressly so provided herein.
        Sec. 404. None of the funds provided in this Act to any department
    or agency shall be obligated or expended to provide a personal cook,
    chauffeur, or other personal servants to any officer or

    [[Page 123 STAT. 745]]

    employee of such department or agency except as otherwise provided by
    law.
        Sec. 405. <<NOTE: Budget estimates.>>  Estimated overhead charges,
    deductions, reserves or holdbacks from programs, projects, activities
    and subactivities to support government-wide, departmental, agency or
    bureau administrative functions or headquarters, regional or central
    operations shall be presented in annual budget justifications and
    subject to approval by the Committees on Appropriations. Changes to such
    estimates shall be presented to the Committees on Appropriations for
    approval.

        Sec. 406. None of the funds made available in this Act may be
    transferred to any department, agency, or instrumentality of the United
    States Government except pursuant to a transfer made by, or transfer
    provided in, this Act or any other Act.
        Sec. 407. <<NOTE: Forests and forest products.>>  None of the funds
    in this Act may be used to plan, prepare, or offer for sale timber from
    trees classified as giant sequoia (Sequoiadendron giganteum) which are
    located on National Forest System or Bureau of Land Management lands in
    a manner different than such sales were conducted in fiscal year 2006.

        Sec. 408. <<NOTE: Patents. Mines and mining.>>  (a) Limitation of
    Funds.--None of the funds appropriated or otherwise made available
    pursuant to this Act shall be obligated or expended to accept or process
    applications for a patent for any mining or mill site claim located
    under the general mining laws.

        (b) Exceptions.--The provisions of subsection (a) shall not apply if
    the Secretary of the Interior determines that, for the claim concerned:
    (1) a patent application was filed with the Secretary on or before
    September 30, 1994; and (2) all requirements established under sections
    2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or
    lode claims and sections 2329, 2330, 2331, and 2333 of the Revised
    Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and section 2337
    of the Revised Statutes (30 U.S.C. 42) for mill site claims, as the case
    may be, were fully complied with by the applicant by that date.
        (c) Report.--On September 30, 2009, the Secretary of the Interior
    shall file with the House and Senate Committees on Appropriations and
    the Committee on Natural Resources of the House of Representatives and
    the Committee on Energy and Natural Resources of the Senate a report on
    actions taken by the Department under the plan submitted pursuant to
    section 314(c) of the Department of the Interior and Related Agencies
    Appropriations Act, 1997 (Public Law 104-208).
        (d) Mineral Examinations.--In order to process patent applications
    in a timely and responsible manner, upon the request of a patent
    applicant, the Secretary of the Interior shall allow the applicant to
    fund a qualified third-party contractor to be selected by the Bureau of
    Land Management to conduct a mineral examination of the mining claims or
    mill sites contained in a patent application as set forth in subsection
    (b). The Bureau of Land Management shall have the sole responsibility to
    choose and pay the third-party contractor in accordance with the
    standard procedures employed by the Bureau of Land Management in the
    retention of third-party contractors.
        Sec. 409. Notwithstanding any other provision of law, amounts
    appropriated to or otherwise designated in committee reports for the
    Bureau of Indian Affairs and the Indian Health Service by Public Laws
    103-138, 103-332, 104-134, 104-208, 105-83, 105-

    [[Page 123 STAT. 746]]

    277, 106-113, 106-291, 107-63, 108-7, 108-108, 108-447, 109-54, 109-289,
    division B and Continuing Appropriations Resolution, 2007 (division B of
    Public Law 109-289, as amended by Public Laws 110-5 and 110-28), and
    Public Law 110-161 for payments for contract support costs associated
    with self-determination or self-governance contracts, grants, compacts,
    or annual funding agreements with the Bureau of Indian Affairs or the
    Indian Health Service as funded by such Acts, are the total amounts
    available for fiscal years 1994 through 2008 for such purposes, except
    that for the Bureau of Indian Affairs, tribes and tribal organizations
    may use their tribal priority allocations for unmet contract support
    costs of ongoing contracts, grants, self-governance compacts, or annual
    funding agreements.
        Sec. 410. <<NOTE: Plan. 16 USC 1604 note.>>  Prior to October 1,
    2009, the Secretary of Agriculture shall not be considered to be in
    violation of subparagraph 6(f)(5)(A) of the Forest and Rangeland
    Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A))
    solely because more than 15 years have passed without revision of the
    plan for a unit of the National Forest System. Nothing in this section
    exempts the Secretary from any other requirement of the Forest and
    Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et seq.) or
    any other law: Provided, That if the Secretary is not acting
    expeditiously and in good faith, within the funding available, to revise
    a plan for a unit of the National Forest System, this section shall be
    void with respect to such plan and a court of proper jurisdiction may
    order completion of the plan on an accelerated basis.

        Sec. 411. No funds provided in this Act may be expended to conduct
    preleasing, leasing and related activities under either the Mineral
    Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf Lands
    Act (43 U.S.C. 1331 et seq.) within the boundaries of a National
    Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431
    et seq.) as such boundary existed on January 20, 2001, except where such
    activities are allowed under the Presidential proclamation establishing
    such monument.
        Sec. 412. <<NOTE: Contracts. Foreign relations. Wildfires.>>  In
    entering into agreements with foreign countries pursuant to the Wildfire
    Suppression Assistance Act (42 U.S.C. 1856m) the Secretary of
    Agriculture and the Secretary of the Interior are authorized to enter
    into reciprocal agreements in which the individuals furnished under said
    agreements to provide wildfire services are considered, for purposes of
    tort liability, employees of the country receiving said services when
    the individuals are engaged in fire suppression: Provided, That the
    Secretary of Agriculture or the Secretary of the Interior shall not
    enter into any agreement under this provision unless the foreign country
    (either directly or through its fire organization) agrees to assume any
    and all liability for the acts or omissions of American firefighters
    engaged in firefighting in a foreign country: Provided further, That
    when an agreement is reached for furnishing fire fighting services, the
    only remedies for acts or omissions committed while fighting fires shall
    be those provided under the laws of the host country, and those remedies
    shall be the exclusive remedies for any claim arising out of fighting
    fires in a foreign country: Provided further, That neither the sending
    country nor any legal organization associated with the firefighter shall
    be subject to any legal action whatsoever pertaining to or arising out
    of the firefighter's role in fire suppression.

    [[Page 123 STAT. 747]]

        Sec. 413. <<NOTE: Contracts. Urban and rural areas.>>  In awarding a
    Federal contract with funds made available by this Act, notwithstanding
    Federal Government procurement and contracting laws, the Secretary of
    Agriculture and the Secretary of the Interior (the ``Secretaries'') may,
    in evaluating bids and proposals, give consideration to local
    contractors who are from, and who provide employment and training for,
    dislocated and displaced workers in an economically disadvantaged rural
    community, including those historically timber-dependent areas that have
    been affected by reduced timber harvesting on Federal lands and other
    forest-dependent rural communities isolated from significant alternative
    employment opportunities: Provided, That notwithstanding Federal
    Government procurement and contracting laws the Secretaries may award
    contracts, grants or cooperative agreements to local non-profit
    entities, Youth Conservation Corps or related partnerships with State,
    local or non-profit youth groups, or small or micro-business or
    disadvantaged business: Provided further, That the contract, grant, or
    cooperative agreement is for forest hazardous fuels reduction, watershed
    or water quality monitoring or restoration, wildlife or fish population
    monitoring, or habitat restoration or management: Provided further, That
    the terms ``rural community'' and ``economically disadvantaged'' shall
    have the same meanings as in section 2374 of Public Law 101-624:
    Provided further, That <<NOTE: Guidance.>>  the Secretaries shall
    develop guidance to implement this section: Provided further, That
    nothing in this section shall be construed as relieving the Secretaries
    of any duty under applicable procurement laws, except as provided in
    this section.

        Sec. 414. <<NOTE: Competitive sourcing.>>  None of the funds made
    available by this or any other Act may be used in fiscal year 2009 for
    competitive sourcing studies and any related activities involving Forest
    Service personnel.

        Sec. 415. Unless otherwise provided herein, no funds appropriated in
    this Act for the acquisition of lands or interests in lands may be
    expended for the filing of declarations of taking or complaints in
    condemnation without the approval of the House and Senate Committees on
    Appropriations: Provided, That this provision shall not apply to funds
    appropriated to implement the Everglades National Park Protection and
    Expansion Act of 1989, or to funds appropriated for Federal assistance
    to the State of Florida to acquire lands for Everglades restoration
    purposes.
        Sec. 416. None of the funds made available under this Act may be
    used to promulgate or implement the Environmental Protection Agency
    proposed regulations published in the Federal Register on January 3,
    2007 (72 Fed. Reg. 69).
        Sec. 417. Section 337(a) of the Department of the Interior and
    Related Agencies Appropriations Act, 2005 (Public Law 108-447; 118 Stat.
    3012) is amended by striking ``September 30, 2006'' and inserting
    ``September 30, 2010''.
        Sec. 418. <<NOTE: 43 USC 1701 note.>>  Section 330 of Public Law
    106-291 concerning Service First authorities (114 Stat. 996), as amended
    by section 428 of Public Law 109-54 (119 Stat. 555-556), is further
    amended by striking ``2008'' and inserting in lieu thereof ``2011''.

        Sec. 419. Section 422 of title IV of division F of Public Law 110-
    161 is <<NOTE: 121 Stat. 2149.>>  amended by inserting after ``fiscal
    year 2007'' the following: ``and subsequent fiscal years through fiscal
    year 2014''.

        Sec. 420. In addition to the amounts otherwise provided to the
    Environmental Protection Agency in this Act, $8,000,000, to

    [[Page 123 STAT. 748]]

    remain available until expended, is provided to EPA to be transferred to
    the Department of the Navy for clean-up activities at the Treasure
    Island Naval Station--Hunters Point Annex.
        Sec. 421. <<NOTE: Alaska.>>  The boundaries of the Tongass National
    Forest in the State of Alaska are modified to include the approximately
    1,043.38 acres of land acquired by the United States from the Alaska
    Mental Health Trust Authority, which is more particularly described as
    lots 1-B and 1-C, Mt. Verstovia-Gavan Hill Subdivision of U.S. Survey
    No. 3858 and U.S. Survey No. 3849.

        Sec. 422. Title V of the Forest Service Realignment and Enhancement
    Act, 2005, Public Law 109-54, 119 Stat. 559-563; 16 U.S.C. 580d note, is
    amended as follows:
                (1) In section 503, subsection (f) by striking ``2008'' and
            inserting in lieu thereof ``2011'' and;
                (2) In section 504--
                        (A) in subsection (a)(3) by striking in whole, and
                    inserting in lieu thereof ``Terms, conditions, and
                    reservations.--The conveyance of an administrative site
                    under this title shall be subject to such terms,
                    conditions, and reservations as the Secretary determines
                    to be necessary to protect the public interest'';
                        (B) in subsection (d)(1) by striking ``Subchapter I
                    of chapter 5'', and inserting in lieu thereof ``Chapter
                    5 of subtitle I''; and
                        (C) in subsection (d)(4)(B) by striking in whole,
                    and inserting in lieu thereof ``determine whether to
                    include terms, conditions, and reservations under
                    subsection (a)(3); and''.

        Sec. 423. Lake Tahoe Basin Hazardous Fuel Reduction Projects. (a)
    Hereafter, subject to subsection (b), a proposal to authorize a
    hazardous fuel reduction project, not to exceed 5,000 acres, including
    no more than 1,500 acres of mechanical thinning, on the Lake Tahoe Basin
    Management Unit may be categorically excluded from documentation in an
    environmental impact statement or an environmental assessment under the
    National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et
    seq.) if the project:
                (1) is consistent with the Lake Tahoe Basin Multi-
            Jurisdictional Fuel Reduction and Wildfire Prevention Strategy
            published in December 2007 and any subsequent revisions to the
            Strategy;
                (2) is not conducted in any wilderness areas; and
                (3) does not involve any new permanent roads.

        (b) A proposal that is categorically excluded under this section
    shall be subject to--
                (1) the extraordinary circumstances procedures established
            by the Forest Service pursuant to section 1508.4 of title 40,
            Code of Federal Regulations; and
                (2) an opportunity for public input.

        Sec. 424. <<NOTE: Deadline. Determination. Greenhouse gas
    emissions.>>  Not later than June 30, 2009, the Administrator of the
    Environmental Protection Agency shall reconsider, and confirm or
    reverse, the decision to deny the request of the State of California to
    regulate greenhouse gas emissions from new motor vehicles.

        Sec. 425. Toxics Release Inventory Reporting. Notwithstanding any
    other provision of law--

    [[Page 123 STAT. 749]]

                (1) none of the funds made available by this or any other
            Act may, hereafter, be used to implement the final rule
            promulgated by the Administrator of the Environmental Protection
            Agency entitled ``Toxics Release Inventory Burden Reduction
            Final Rule'' (71 Fed. Reg. 76932); and
                (2) the final rule described in paragraph (1) shall have no
            force or effect. The affected regulatory text shall revert to
            what it was before the final rule described in paragraph (1)
            became effective, until any future action taken by the
            Administrator.

        Sec. 426. Section 325 of Public Law 108-108 <<NOTE: 43 USC 1752
    note.>>  is amended by striking ``fiscal years 2004-2008'' and inserting
    ``fiscal year 2009.''

        Sec. 427. <<NOTE: Contracts.>>  The Secretary of Agriculture and the
    Secretary of the Interior shall execute an agreement that transfers
    management and oversight including transfer of function for the
    workforce, of the Centennial, Collbran, Columbia Basin, Fort Simcoe,
    Treasure Lake, and Weber Basin Job Corps Centers to the Forest Service.
    These Job Corps centers shall continue to be administered as described
    in section 147(c) of Public Law 105-220, Workforce Investment Act of
    1998.

        Sec. 428. Section 434 of division F of Public Law <<NOTE: 16 USC
    2104 note.>>  110-161 is amended by striking paragraph (3) and inserting
    a new paragraph (3) as follows:
                ``(3) By adding at the end the following:

        `` `(m) Section <<NOTE: Applicability.>>  106 of Public Law 108-148
    shall apply to all projects authorized by this Act. Sections 104 and 105
    of Public Law 108-148 may be applied to projects authorized by this
    Act.'. ''.

        Sec. 429. (a) <<NOTE: Time period.>>  During the 60-day period
    beginning on the date of the enactment of this Act--
                (1) the Secretary of the Interior and the Secretary of
            Commerce may withdraw or reissue the rule described in
            subsection (c)(1) without regard to any provision of statute or
            regulation that establishes a requirement for such withdrawal;
            and
                (2) the Secretary of the Interior may withdraw or reissue
            the rule referred to in subsection (c)(2) without regard to any
            provision of statute or regulation that establishes a
            requirement for such withdrawal.

        (b) If the Secretary of the Interior or the Secretary of Commerce
    (or both) withdraws a rule under subsection (a), such Secretary shall
    implement the provisions of law under which the rule was issued in
    accordance with the regulations in effect under such provisions
    immediately before the effective date of such rule, except as otherwise
    provided by any Act or rule that takes effect after the effective date
    of the rule that is withdrawn.
        (c) The rules referred to in subsection (a) are the following:
                (1) The <<NOTE: Endangered species.>>  final rule relating
            to ``Interagency Cooperation under the Endangered Species Act'',
            issued by the United States Fish and Wildlife Service and the
            National Marine Fisheries Service and signed November 26, 2008,
            by the Assistant Secretary of Fish and Wildlife and Parks of the
            Department of the Interior and the Deputy Assistant
            Administrator for the Regulatory Programs of the National Marine
            Fisheries Service.
                (2) The <<NOTE: Polar bear.>>  final rule relating to
            ``Endangered and Threatened Wildlife and Plants; Special Rule
            for the Polar Bear'', issued by the Assistant Secretary of Fish
            and Wildlife and Parks of the Department of the Interior on
            December 10, 2008.

    [[Page 123 STAT. 750]]

        Sec. 430. Within the amounts appropriated in this division, funding
    shall be allocated in the amounts specified for those projects and
    purposes delineated in the table titled ``Congressionally Directed
    Spending'' included in the explanatory statement accompanying this Act
    (as described in section 4, in the matter preceding division A of this
    consolidated Act).
        This division may be cited as the ``Department of the Interior,
    Environment, and Related Agencies Appropriations Act, 2009''.

     DIVISION F--DEPARTMENTS <<NOTE: Department of Labor, Health and Human
     Services, and Related Agencies Appropriations Act, 2009. Department of
    Labor Appropriations Act, 2009.>>  OF LABOR, HEALTH AND HUMAN SERVICES,
    AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2009

                                     TITLE I

                               DEPARTMENT OF LABOR

                     Employment and Training Administration

                        Training and Employment Services

        For necessary expenses of the Workforce Investment Act of 1998
    (``WIA''), the Denali Commission Act of 1998, and the Women in
    Apprenticeship and Non-Traditional Occupations Act of 1992, including
    the purchase and hire of passenger motor vehicles, the construction,
    alteration, and repair of buildings and other facilities, and the
    purchase of real property for training centers as authorized by the WIA;
    $3,626,448,000, plus reimbursements, shall be available. Of the amounts
    provided:
                (1) for grants to States for adult employment and training
            activities, youth activities, and dislocated worker employment
            and training activities, $2,969,449,000 as follows:
                        (A) $861,540,000 for adult employment and training
                    activities, of which $149,540,000 shall be available for
                    the period July 1, 2009, through June 30, 2010, and of
                    which $712,000,000 shall be available for the period
                    October 1, 2009 through June 30, 2010;
                        (B) $924,069,000 for youth activities, which shall
                    be available for the period April 1, 2009 through June
                    30, 2010; and
                        (C) $1,183,840,000 for dislocated worker employment
                    and training activities, of which $335,840,000 shall be
                    available for the period July 1, 2009 through June 30,
                    2010, and of which $848,000,000 shall be available for
                    the period October 1, 2009 through June 30, 2010:
            Provided, That notwithstanding the transfer limitation under
            section 133(b)(4) of the WIA, up to 30 percent of such funds may
            be transferred by a local board if approved by the Governor;
                (2) for federally administered programs, $489,429,000 as
            follows:
                        (A) $283,051,000 for the dislocated workers
                    assistance national reserve, of which $71,051,000 shall
                    be available for the period July 1, 2009 through June
                    30, 2010, and of which $212,000,000 shall be available
                    for the period October 1, 2009 through June 30, 2010:
                    Provided, That up to $125,000,000 may be made available
                    for Community-

    [[Page 123 STAT. 751]]

                    Based Job Training grants from funds reserved under
                    section 132(a)(2)(A) of the WIA and shall be used to
                    carry out such grants under section 171(d) of such Act,
                    except that the 10 percent limitation otherwise
                    applicable to the amount of funds that may be used to
                    carry out section 171(d) shall not be applicable to
                    funds used for Community-Based Job Training grants:
                    Provided further, That funds provided to carry out
                    section 132(a)(2)(A) of the WIA may be used to provide
                    assistance to a State for State-wide or local use in
                    order to address cases where there have been worker
                    dislocations across multiple sectors or across multiple
                    local areas and such workers remain dislocated;
                    coordinate the State workforce development plan with
                    emerging economic development needs; and train such
                    eligible dislocated workers: Provided further, That
                    funds provided to carry out section 171(d) of the WIA
                    may be used for demonstration projects that provide
                    assistance to new entrants in the workforce and
                    incumbent workers;
                        (B) $52,758,000 for Native American programs, which
                    shall be available for the period July 1, 2009 through
                    June 30, 2010;
                        (C) $82,620,000 for migrant and seasonal farmworker
                    programs under section 167 of the WIA, including
                    $76,710,000 for formula grants (of which not less that
                    70 percent shall be for employment and training
                    services), $5,400,000 for migrant and seasonal housing
                    (of which not less than 70 percent shall be for
                    permanent housing), and $510,000 for other discretionary
                    purposes, which shall be available for the period July
                    1, 2009 through June 30, 2010: Provided, That
                    notwithstanding any other provision of law or related
                    regulation, the Department of Labor shall take no action
                    limiting the number or proportion of eligible
                    participants receiving related assistance services or
                    discouraging grantees from providing such services;
                        (D) $1,000,000 for carrying out the Women in
                    Apprenticeship and Nontraditional Occupations Act, which
                    shall be available for the period July 1, 2009 through
                    June 30, 2010; and
                        (E) $70,000,000 for YouthBuild activities as
                    described in section 173A of the WIA, which shall be
                    available for the period April 1, 2009 through June 30,
                    2010: Provided, That for program years 2008 and 2009,
                    the YouthBuild program may serve an individual who has
                    dropped out of high school and re-enrolled in an
                    alternative school, if that re-enrollment is part of a
                    sequential service strategy;
                (3) for national activities, $167,570,000, as follows:
                        (A) $48,781,000 for Pilots, Demonstrations, and
                    Research, which shall be available for the period April
                    1, 2009 through June 30, 2010, of which $5,000,000 shall
                    be for competitive grants to address the employment and
                    training needs of young parents (notwithstanding the
                    requirements of section 171(b)(2)(B) or 171(c)(4)(D) of
                    the WIA), and of which $41,324,000 shall be used for the
                    projects, and in the amounts, specified under the
                    heading ``Training and Employment Services'' in the
                    explanatory statement described in section 4 (in the
                    matter preceding division A of this consolidated Act):
                    Provided, That funding

    [[Page 123 STAT. 752]]

                    provided to carry out such projects shall not be subject
                    to the requirements of sections 171(b)(2)(B) and
                    171(c)(4)(D) of the WIA, the joint funding requirements
                    of sections 171(b)(2)(A) and 171(c)(4)(A) of the WIA, or
                    any time limit requirements of sections 171(b)(2)(C) and
                    171(c)(4)(B) of the WIA;
                        (B) $108,493,000 for ex-offender activities, under
                    the authority of section 171 of the WIA, which shall be
                    available for the period April 1, 2009 through June 30,
                    2010, notwithstanding the requirements of section
                    171(b)(2)(B) or 171(c)(4)(D): Provided, That not less
                    than $88,500,000 shall be for youthful offender
                    activities, of which $35,000,000 shall be for a program
                    of competitive grants to local educational agencies or
                    community-based organizations to develop and implement
                    mentoring strategies that integrate educational and
                    employment interventions designed to prevent youth
                    violence in schools identified as persistently dangerous
                    under section 9532 of the Elementary and Secondary
                    Education Act;
                        (C) $6,918,000 for Evaluation, which shall be
                    available for the period July 1, 2009 through June 30,
                    2010; and
                        (D) $3,378,000 for the Denali Commission, which
                    shall be available for the period July 1, 2009 through
                    June 30, 2010.

                Community Service Employment for Older Americans

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

                  Federal Unemployment Benefits and Allowances

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

         State Unemployment Insurance and Employment Service Operations

        For authorized administrative expenses, $91,698,000, together with
    not to exceed $3,563,167,000 which may be expended from the Employment
    Security Administration Account in the Unemployment Trust Fund (``the
    Trust Fund''), of which:
                (1) $2,782,145,000 from the Trust Fund is for grants to
            States for the administration of State unemployment insurance
            laws as authorized under title III of the Social Security Act
            (including $10,000,000 to conduct in-person reemployment and
            eligibility assessments and unemployment insurance improper

    [[Page 123 STAT. 753]]

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

    Provided, That to the extent that the Average Weekly Insured
    Unemployment (``AWIU'') for fiscal year 2009 is projected by the
    Department of Labor to exceed 3,487,000, an additional $28,600,000 from
    the Trust Fund shall be available for obligation for every 100,000
    increase in the AWIU level (including a pro rata amount for any
    increment less than 100,000) to carry out title III of the Social
    Security Act: Provided further, That funds appropriated in this Act that
    are allotted to a State to carry out activities under title III of the
    Social Security Act may be used by such State to assist other States in
    carrying out activities under such title III if the other States include
    areas that have suffered a major disaster declared by the President
    under the Robert T. Stafford Disaster Relief and Emergency Assistance
    Act: Provided further, That the Secretary of Labor may use funds
    appropriated for grants

    [[Page 123 STAT. 754]]

    to States under title III of the Social Security Act to make payments on
    behalf of States for the use of the National Directory of New Hires
    under section 453(j)(8) of such Act: Provided further, That funds
    appropriated in this Act which are used to establish a national one-stop
    career center system, or which are used to support the national
    activities of the Federal-State unemployment insurance or immigration
    programs, may be obligated in contracts, grants, or agreements with non-
    State entities: Provided further, That funds appropriated under this Act
    for activities authorized under title III of the Social Security Act and
    the Wagner-Peyser Act may be used by States to fund integrated
    Unemployment Insurance and Employment Service automation efforts,
    notwithstanding cost allocation principles prescribed under the Office
    of Management and Budget Circular A-87: Provided further, That the
    Secretary, at the request of a State participating in a consortium with
    other States, may reallot funds allotted to such State under title III
    of the Social Security Act to other States participating in the
    consortium in order to carry out activities that benefit the
    administration of the unemployment compensation law of the State making
    the request.
        In addition, $40,000,000 from the Employment Security Administration
    Account of the Unemployment Trust Fund shall be available to conduct in-
    person reemployment and eligibility assessments and unemployment
    insurance improper payment reviews: Provided,
    That <<NOTE: Deadline. Reports.>>  not later than June 30, 2010, the
    Secretary shall submit an interim report to the Congress that includes
    available information on expenditures, number of individuals assessed,
    and outcomes from the assessments: <<NOTE: Deadline. Reports.>>
    Provided further, That not later than June 30, 2011, the Secretary of
    Labor shall submit to the Congress a final report containing
    comprehensive information on the estimated savings that result from the
    assessments of claimants and identification of best practices.

             Advances to the Unemployment Trust Fund and Other Funds

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

                             Program Administration

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

    [[Page 123 STAT. 755]]

                    Employee Benefits Security Administration

                              salaries and expenses

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

                      Pension Benefit Guaranty Corporation

                    Pension Benefit Guaranty Corporation Fund

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

                       Employment Standards Administration

                              salaries and expenses

                             (including rescission)

        For necessary expenses for the Employment Standards Administration,
    including reimbursement to State, Federal, and local agencies and their
    employees for inspection services rendered, $438,166,000, together with
    $2,101,000 which may be expended from the Special Fund in accordance
    with sections 39(c), 44(d), and 44(j) of the Longshore and Harbor
    Workers' Compensation Act: Provided, That <<NOTE: Fees.>>  the Secretary
    of Labor is authorized to establish and, in accordance with 31 U.S.C
    3302, collect and deposit in the Treasury fees for processing
    applications and issuing certificates under sections 11(d) and 14 of the
    Fair Labor Standards Act of 1938 and for processing applications and
    issuing registrations under

    [[Page 123 STAT. 756]]

    title I of the Migrant and Seasonal Agricultural Worker Protection Act.

        Of the unobligated funds collected pursuant to section 286(v) of the
    Immigration and Nationality Act, $97,000,000 are rescinded as of
    September 30, 2009.

                                special benefits

                          (including transfer of funds)

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

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

    [[Page 123 STAT. 757]]

                    Special Benefits for Disabled Coal Miners

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

         Administrative Expenses, Energy Employees Occupational Illness
                                Compensation Fund

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

                        Black Lung Disability Trust Fund

                          (including transfer of funds)

        In fiscal <<NOTE: 26 USC 9501 note.>>  year 2009 and thereafter,
    such sums as may be necessary from the Black Lung Disability Trust Fund
    (``Fund''), to remain available until expended, for payment of all
    benefits authorized by section 9501(d)(1), (2), (4), and (7) of the
    Internal Revenue Code of 1954; and interest on advances, as authorized
    by section 9501(c)(2) of that Act. In addition, the following amounts
    may be expended from the Fund for fiscal year 2009 for expenses of
    operation and administration of the Black Lung Benefits program, as
    authorized by section 9501(d)(5): not to exceed $32,308,000 for transfer
    to the Employment Standards Administration ``Salaries and Expenses'';
    not to exceed $24,694,000 for transfer to Departmental Management,
    ``Salaries and Expenses''; not to exceed $325,000 for transfer to
    Departmental Management, ``Office of Inspector General''; and not to
    exceed $356,000 for payments into miscellaneous receipts for the
    expenses of the Department of the Treasury.

                  Occupational Safety and Health Administration

                              Salaries and Expenses

        For necessary expenses for the Occupational Safety and Health
    Administration, $513,042,000, including not to exceed $92,593,000 which
    shall be the maximum amount available for grants to States under section
    23(g) of the Occupational Safety and Health Act (``Act''), which grants
    shall be no less than 50 percent of the costs of State occupational
    safety and health programs required to be incurred under plans approved
    by the Secretary of Labor under section 18 of the Act; and, in addition,
    notwithstanding 31 U.S.C. 3302, the Occupational Safety and Health
    Administration may retain up to $750,000 per fiscal year of training
    institute course tuition fees, otherwise authorized by law to be
    collected, and may utilize such sums for occupational safety and health
    training and

    [[Page 123 STAT. 758]]

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

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

    [[Page 123 STAT. 759]]

                      Mine Safety and Health Administration

                              Salaries and Expenses

        For necessary <<NOTE: 30 USC 962.>>  expenses for the Mine Safety
    and Health Administration, $347,003,000, including purchase and bestowal
    of certificates and trophies in connection with mine rescue and first-
    aid work, and the hire of passenger motor vehicles, including up to
    $2,000,000 for mine rescue and recovery activities, and $1,808,000 to
    continue the project with the United Mine Workers of America, for
    classroom and simulated rescue training for mine rescue teams; in
    addition, not to exceed $750,000 may be collected by the National Mine
    Health and Safety Academy for room, board, tuition, and the sale of
    training materials, otherwise authorized by law to be collected, to be
    available for mine safety and health education and training activities,
    notwithstanding 31 U.S.C. 3302; and, in addition, the Mine Safety and
    Health Administration may retain up to $1,000,000 from fees collected
    for the approval and certification of equipment, materials, and
    explosives for use in mines, and may utilize such sums for such
    activities; the Secretary of Labor is authorized to accept lands,
    buildings, equipment, and other contributions from public and private
    sources and to prosecute projects in cooperation with other agencies,
    Federal, State, or private; the Mine Safety and Health Administration is
    authorized to promote health and safety education and training in the
    mining community through cooperative programs with States, industry, and
    safety associations; the Secretary is authorized to recognize the Joseph
    A. Holmes Safety Association as a principal safety association and,
    notwithstanding any other provision of law, may provide funds and, with
    or without reimbursement, personnel, including service of Mine Safety
    and Health Administration officials as officers in local chapters or in
    the national organization; and any funds available to the Department of
    Labor may be used, with the approval of the Secretary, to provide for
    the costs of mine rescue and survival operations in the event of a major
    disaster.

                           Bureau of Labor Statistics

                              Salaries and Expenses

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

                     Office of Disability Employment Policy

                              salaries and expenses

        For necessary expenses for the Office of Disability Employment
    Policy to provide leadership, develop policy and initiatives, and award
    grants furthering the objective of eliminating barriers to

    [[Page 123 STAT. 760]]

    the training and employment of people with disabilities, $26,679,000.

                             Departmental Management

                              Salaries and Expenses

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

                               office of job corps

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

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

                        Veterans Employment and Training

        Not to exceed $205,468,000 may be derived from the Employment
    Security Administration Account in the Unemployment Trust Fund to carry
    out the provisions of 38 U.S.C. 4100-4113, 4211-4215, and 4321-4327, and
    Public Law 103-353, and which shall

    [[Page 123 STAT. 761]]

    be available for obligation by the States through December 31, 2009, of
    which $1,949,000 is for the National Veterans' Employment and Training
    Services Institute. To carry out the Homeless Veterans Reintegration
    Programs under section 5(a)(1) of the Homeless Veterans Comprehensive
    Assistance Act of 2001 and the Veterans Workforce Investment Programs
    under section 168 of the Workforce Investment Act, $33,971,000, of which
    $7,641,000 shall be available for obligation for the period July 1, 2009
    through June 30, 2010.

                           Office of Inspector General

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

                               General Provisions

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

                               (transfer of funds)

        Sec. 102. Not to exceed 1 percent of any discretionary funds
    (pursuant to the Balanced Budget and Emergency Deficit Control Act of
    1985) which are appropriated for the current fiscal year for the
    Department of Labor in this Act may be transferred between a program,
    project, or activity, but no such program, project, or activity shall be
    increased by more than 3 percent by any such transfer: Provided, That
    the transfer authority granted by this section shall be available only
    to meet emergency needs and shall not be used to create any new program
    or to fund any project or activity for which no funds are provided in
    this Act: <<NOTE: Notification. Deadline.>>  Provided further, That the
    Committees on Appropriations of the House of Representatives and the
    Senate are notified at least 15 days in advance of any transfer.

        Sec. 103. <<NOTE: Child labor.>>  In accordance with Executive Order
    No. 13126, none of the funds appropriated or otherwise made available
    pursuant to this Act shall be obligated or expended for the procurement
    of goods mined, produced, manufactured, or harvested or services
    rendered, whole or in part, by forced or indentured child labor in
    industries and host countries already identified by the United States
    Department of Labor prior to enactment of this Act.

        Sec. 104.  After <<NOTE: Effective date. Transit subsidy. 5 USC 7905
    note.>>  September 30, 2008, the Secretary of Labor shall issue a
    monthly transit subsidy of not less than the full amount (of not less
    than $115) that each of its employees of the National Capital Region is
    eligible to receive.

        Sec. 105. <<NOTE: Reports.>>  None of the funds appropriated in this
    title for grants under section 171 of the Workforce Investment Act of
    1998 may be obligated prior to the preparation and submission of a
    report by the Secretary of Labor to the Committees on Appropriations of
    the House of Representatives and the Senate detailing the planned uses
    of such funds.

    [[Page 123 STAT. 762]]

        Sec. 106. There is authorized to be appropriated such sums as may be
    necessary to the Denali Commission through the Department of Labor to
    conduct job training of the local workforce where Denali Commission
    projects will be constructed.
        Sec. 107. None of the funds made available to the Department of
    Labor for grants under section 414(c) of the American Competitiveness
    and Workforce Improvement Act of 1998 may be used for any purpose other
    than training in the occupations and industries for which employers are
    using H-1B visas to hire foreign workers, and the related activities
    necessary to support such training: Provided, That the preceding
    limitation shall not apply to multi-year grants awarded prior to June
    30, 2007.
        Sec. 108. None of the funds available in this Act or available to
    the Secretary of Labor from other sources for Community-Based Job
    Training grants and grants authorized under section 414(c) of the
    American Competitiveness and Workforce Improvement Act of 1998 shall be
    obligated for a grant awarded on a non-competitive basis.
        Sec. 109. The Secretary of Labor shall take no action to amend,
    through regulatory or administration action, the definition established
    in section 667.220 of title 20 of the Code of Federal Regulations for
    functions and activities under title I of the Workforce Investment Act
    of 1998, or to modify, through regulatory or administrative action, the
    procedure for redesignation of local areas as specified in subtitle B of
    title I of that Act (including applying the standards specified in
    section 116(a)(3)(B) of that Act, but notwithstanding the time limits
    specified in section 116(a)(3)(B) of that Act), until such time as
    legislation reauthorizing the Act is enacted. Nothing in the preceding
    sentence shall permit or require the Secretary to withdraw approval for
    such redesignation from a State that received the approval not later
    than October 12, 2005, or to revise action taken or modify the
    redesignation procedure being used by the Secretary in order to complete
    such redesignation for a State that initiated the process of such
    redesignation by submitting any request for such redesignation not later
    than October 26, 2005.
        Sec. 110. None of the funds made available in this or any other Act
    shall be available to finalize or implement any proposed regulation
    under the Workforce Investment Act of 1998, Wagner-Peyser Act of 1933,
    or the Trade Adjustment Assistance Reform Act of 2002 until such time as
    legislation reauthorizing the Workforce Investment Act of 1998 and the
    Trade Adjustment Assistance Reform Act of 2002 is enacted.
        Sec. 111.  None of the funds appropriated in this Act under the
    heading ``Employment and Training Administration'' shall be used by a
    recipient or subrecipient of such funds to pay the salary and bonuses of
    an individual, either as direct costs or indirect costs, at a rate in
    excess of Executive Level II. This limitation shall not apply to vendors
    providing goods and services as defined in Office of Management and
    Budget Circular A-133. Where States are recipients of such funds, States
    may establish a lower limit for salaries and bonuses of those receiving
    salaries and bonuses from subrecipients of such funds, taking into
    account factors including the relative cost-of-living in the State, the
    compensation levels for comparable State or local government employees,
    and the size of the organizations that administer Federal programs

    [[Page 123 STAT. 763]]

    involved including Employment and Training Administration programs.
        This title may be cited as the ``Department of Labor Appropriations
    Act, 2009''.

    TITLE II <<NOTE: Department of Health and Human Services Appropriations
    Act, 2009.>>

                     DEPARTMENT OF HEALTH AND HUMAN SERVICES

                  Health Resources and Services Administration

                          Health Resources and Services

        For carrying out titles II, III, IV, VII, VIII, X, XI, XII, XIX, and
    XXVI of the Public Health Service Act (``PHS Act''), section 427(a) of
    the Federal Coal Mine Health and Safety Act, title V and sections 711,
    1128E, and 1820 of the Social Security Act, the Health Care Quality
    Improvement Act of 1986, the Native Hawaiian Health Care Act of 1988,
    the Cardiac Arrest Survival Act of 2000, section 712 of the American
    Jobs Creation Act of 2004, and the Stem Cell Therapeutic and Research
    Act of 2005, $7,234,436,000, of which $39,200,000 from general revenues,
    notwithstanding section 1820(j) of the Social Security Act, shall be
    available for carrying out the Medicare rural hospital flexibility
    grants program under such section: Provided, That of the funds made
    available under this heading, $129,000 shall be available until expended
    for facilities renovations at the Gillis W. Long Hansen's Disease
    Center: Provided further, That $56,000,000 of the funding provided for
    community health centers shall be for base grant adjustments for
    existing health centers: Provided further, That in addition to fees
    authorized by section 427(b) of the Health Care Quality Improvement Act
    of 1986, fees shall be collected for the full disclosure of information
    under the Act sufficient to recover the full costs of operating the
    National Practitioner Data Bank, and shall remain available until
    expended to carry out that Act: Provided further, That fees collected
    for the full disclosure of information under the ``Health Care Fraud and
    Abuse Data Collection Program'', authorized by section 1128E(d)(2) of
    the Social Security Act, shall be sufficient to recover the full costs
    of operating the program, and shall remain available until expended to
    carry out that Act: Provided further, That no more than $40,000 is
    available until expended for carrying out the provisions of section
    224(o) of the PHS Act including associated administrative expenses and
    relevant evaluations: Provided further, That no more than $44,055,000 is
    available until expended for carrying out the provisions of Public Law
    104-73 and for expenses incurred by the Department of Health and Human
    Services pertaining to administrative claims made under such law:
    Provided further, That of the funds made available under this heading,
    $307,491,000 shall be for the program under title X of the PHS Act to
    provide for voluntary family planning
    projects: <<NOTE: Abortions. Political activities.>>  Provided further,
    That amounts provided to said projects under such title shall not be
    expended for abortions, that all pregnancy counseling shall be
    nondirective, and that such amounts shall not be expended for any
    activity (including the publication or distribution of literature) that
    in any way tends to promote public support or opposition to any
    legislative proposal or candidate for public office: Provided further,
    That of the funds available under this heading, $1,886,873,000 shall
    remain available

    [[Page 123 STAT. 764]]

    to the Secretary of Health and Human Services through September 30,
    2011, for parts A and B of title XXVI of the PHS
    Act: <<NOTE: Deadline. Grants. Urban and rural areas.>>  Provided
    further, That within the amounts provided for part A of title XXVI of
    the PHS Act, $10,853,000 is available to the Secretary of Health and
    Human Services through September 30, 2011, and shall be available to
    qualifying jurisdictions, within 30 days of enactment, for increasing
    supplemental grants for fiscal year 2009 to metropolitan areas that
    received grant funding in fiscal year 2008 under subpart I of part A of
    title XXVI of the PHS Act to ensure that an area's total funding under
    subpart I of part A for fiscal year 2008, together with the amount of
    this additional funding, is not less than 93.7 percent of the amount of
    such area's total funding under part A for fiscal year 2006, and to
    transitional areas that received grant funding in fiscal year 2008 under
    subpart II of part A of title XXVI of the PHS Act to ensure that an
    area's total funding under subpart II of part A for fiscal year 2008,
    together with the amount of this additional funding, is not less than
    88.7 percent of the amount of such area's total funding under part A for
    fiscal year 2006: Provided further, That notwithstanding section
    2603(c)(1) of the PHS Act, the additional funding to areas under the
    immediately preceding proviso, which may be used for costs incurred
    during fiscal year 2008, shall be available to the area for obligation
    from the date of the award through the end of the grant year for the
    award: Provided further, That $815,000,000 shall be for State AIDS Drug
    Assistance Programs authorized by section 2616 of the PHS Act: Provided
    further, That in addition to amounts provided herein, $25,000,000 shall
    be available from amounts available under section 241 of the PHS Act to
    carry out parts A, B, C, and D of title XXVI of the PHS Act to fund
    section 2691 Special Projects of National Significance: Provided
    further, That notwithstanding section 502(a)(1) and 502(b)(1) of the
    Social Security Act, not to exceed $92,551,000 is available for carrying
    out special projects of regional and national significance pursuant to
    section 501(a)(2) of such Act and $10,400,000 is available for projects
    described in paragraphs (A) through (F) of section 501(a)(3) of such
    Act: Provided further, That notwithstanding section 747(e)(2) of the PHS
    Act, not less than $5,000,000 shall be for general dentistry programs,
    not less than $5,000,000 shall be for pediatric dentistry programs
    including faculty loan repayment, and not less than $29,025,000 shall be
    for family medicine programs: Provided further, That of the funds
    provided, $19,642,000 shall be provided to the Denali Commission as a
    direct lump payment pursuant to Public Law 106-113: Provided further,
    That of the funds provided, $26,000,000 shall be provided for the Delta
    Health Initiative as authorized in section 219 of division G of Public
    Law 110-161 and associated administrative expenses: Provided further,
    That funds provided under section 846 and subpart 3 of part D of title
    III of the PHS Act may be used to make prior year adjustments to awards
    made under these sections: Provided further, That of the amount
    appropriated in this paragraph, $310,470,000 shall be used for the
    projects financing the construction and renovation (including equipment)
    of health care and other facilities and for other health-related
    activities, and in the amounts, specified under the heading ``Health
    Resources and Services'' in the explanatory statement described in
    section 4 (in the matter preceding division A of this consolidated Act),
    and of which up to one percent of

    [[Page 123 STAT. 765]]

    the amount for each project may be used for related agency
    administrative expenses: Provided further, That notwithstanding section
    338J(k) of the PHS Act, $9,201,000 is available for State Offices of
    Rural Health: Provided further, That of the funds provided, $15,000,000
    is available for the Small Rural Hospital Improvement Grant Program for
    quality improvement and adoption of health information technology.

                Health Education Assistance Loans Program Account

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

                 Vaccine Injury Compensation Program Trust Fund

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

                   Centers for Disease Control and Prevention

                     disease control, research, and training

        To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, and XXVI
    of the Public Health Service Act (``PHS Act''), sections 101, 102, 103,
    201, 202, 203, 301, 501, and 514 of the Federal Mine Safety and Health
    Act of 1977, section 13 of the Mine Improvement and New Emergency
    Response Act of 2006, sections 20, 21, and 22 of the Occupational Safety
    and Health Act of 1970, title IV of the Immigration and Nationality Act,
    section 501 of the Refugee Education Assistance Act of 1980, and for
    expenses necessary to support activities related to countering potential
    biological, nuclear, radiological, and chemical threats to civilian
    populations; including purchase and insurance of official motor vehicles
    in foreign countries; and purchase, hire, maintenance, and operation of
    aircraft, $6,283,350,000, of which $151,500,000 shall remain available
    until expended for acquisition of real property, equipment, construction
    and renovation of facilities; of which $570,307,000 shall remain
    available until expended for the Strategic National Stockpile under
    section 319F-2 of the PHS Act; of which $21,997,000 shall be used for
    the projects, and in the amounts, specified under the heading ``Disease
    Control, Research, and Training'' in the explanatory statement described
    in section 4 (in the matter preceding division A of this consolidated
    Act); of which $118,863,000 for international HIV/AIDS shall remain
    available through September 30, 2010; and of which $70,000,000 shall be
    available until expended to provide screening and treatment for first
    response emergency services personnel, residents, students, and others
    related to the September 11, 2001 terrorist attacks on the World Trade
    Center: Provided, That in addition, such sums as may be derived from

    [[Page 123 STAT. 766]]

    authorized user fees, which shall be credited to this account: Provided
    further, That in addition to amounts provided herein, the following
    amounts shall be available from amounts available under section 241 of
    the PHS Act: (1) $12,794,000 to carry out the National Immunization
    Surveys; (2) $124,701,000 to carry out the National Center for Health
    Statistics surveys; (3) $24,751,000 to carry out information systems
    standards development and architecture and applications-based research
    used at local public health levels; (4) $46,780,000 for Health
    Marketing; (5) $31,000,000 to carry out Public Health Research; and (6)
    $91,225,000 to carry out research activities within the National
    Occupational Research Agenda: <<NOTE: Gun control.>>  Provided further,
    That none of the funds made available for injury prevention and control
    at the Centers for Disease Control and Prevention may be used, in whole
    or in part, to advocate or promote gun control: Provided further, That
    of the funds made available under this heading, up to $1,000 per
    eligible employee of the Centers for Disease Control and Prevention
    shall be made available until expended for Individual Learning Accounts:
    Provided further, That the Director may redirect the total amount made
    available under authority of Public Law 101-502, section 3, dated
    November 3, 1990, to activities the Director may so
    designate: <<NOTE: Notification.>>  Provided further, That the
    Committees on Appropriations of the House of Representatives and the
    Senate are to be notified promptly of any such redirection: Provided
    further, That not to exceed $19,528,000 may be available for making
    grants under section 1509 of the PHS Act to not less than 21 States,
    tribes, or tribal organizations: <<NOTE: Contracts.>>  Provided further,
    That notwithstanding any other provision of law, the Centers for Disease
    Control and Prevention shall award a single contract or related
    contracts for development and construction of the next building or
    facility designated in the Buildings and Facilities Master Plan that
    collectively include the full scope of the project: Provided further,
    That the solicitation and contract shall contain the clause
    ``availability of funds'' found at 48 CFR 52.232-18: Provided further,
    That of the funds appropriated, $10,000 shall be for official reception
    and representation expenses when specifically approved by the Director
    of the Centers for Disease Control and Prevention: Provided further,
    That employees of the Centers for Disease Control and Prevention or the
    Public Health Service, both civilian and Commissioned Officers, detailed
    to States, municipalities, or other organizations under authority of
    section 214 of the PHS Act, or in overseas assignments, shall be treated
    as non-Federal employees for reporting purposes only and shall not be
    included within any personnel ceiling applicable to the Agency, Service,
    or the Department of Health and Human Services during the period of
    detail or assignment: Provided further, That out of funds made available
    under this heading for domestic HIV/AIDS testing, up to $15,000,000
    shall be for States newly eligible in fiscal year 2009 under section
    2625 of the PHS Act as of December 31, 2008 and shall be distributed by
    May 31, 2009 based on standard criteria relating to a State's
    epidemiological profile, and of which not more than $1,000,000 may be
    made available to any one State, and amounts that have not been
    obligated by May 31, 2009 shall be made available to States and local
    public health departments for HIV testing
    activities: <<NOTE: Certification. Plans. Deadline.>>  Provided further,
    That none of the funds made available in this Act to carry out part A of
    title XIX of the PHS Act may be used to provide more than 75 percent of
    any State's allotment under section 1902 of the PHS Act until

    [[Page 123 STAT. 767]]

    such State certifies that it will submit a plan to the Secretary of
    Health and Human Services, not later than January 1, 2010, to reduce
    healthcare-associated infections: Provided further, That each such State
    plan shall be consistent with the Department of Health and Human
    Services' national action plan for reducing healthcare-associated
    infections and include measurable 5-year goals and interim milestones
    for reducing such infections: <<NOTE: Review. Reports. Deadline.>>
    Provided further, That the Secretary shall conduct a review of the State
    plans submitted pursuant to the preceding proviso and report to the
    Committees on Appropriations of the House of Representatives and the
    Senate not later than June 1, 2010, regarding the adequacy of such plans
    for achieving State and national goals for reducing healthcare-
    associated infections: Provided further, That for purposes of the two
    preceding provisos, the term ``State'' means each of the several States,
    the District of Columbia, and the Commonwealth of Puerto Rico.

        In addition, for necessary expenses to administer the Energy
    Employees Occupational Illness Compensation Program Act, $55,358,000, to
    remain available until expended, of which $4,500,000 shall be for use by
    or in support of the Advisory Board on Radiation and Worker Health
    (``the Board'') to carry out its statutory responsibilities, including
    obtaining audits, technical assistance, and other support from the
    Board's audit contractor with regard to radiation dose estimation and
    reconstruction efforts, site profiles, procedures, and review of Special
    Exposure Cohort petitions and evaluation reports: Provided, That this
    amount shall be available consistent with the provision regarding
    administrative expenses in section 151(b) of division B, title I of
    Public Law 106-554.

                          National Institutes of Health

                            National Cancer Institute

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

                    National Heart, Lung, and Blood Institute

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

             National Institute of Dental and Craniofacial Research

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

        National Institute of Diabetes and Digestive and Kidney Diseases

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

    [[Page 123 STAT. 768]]

             National Institute of Neurological Disorders and Stroke

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

              National Institute of Allergy and Infectious Diseases

                          (including transfer of funds)

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

                 National Institute of General Medical Sciences

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

      Eunice Kennedy Shriver National Institute of Child Health and Human
                                   Development

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

                             National Eye Institute

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

               National Institute of Environmental Health Sciences

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

                           National Institute on Aging

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

      National Institute of Arthritis and Musculoskeletal and Skin Diseases

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

        National Institute on Deafness and Other Communication Disorders

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

    [[Page 123 STAT. 769]]

                     National Institute of Nursing Research

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

               National Institute on Alcohol Abuse and Alcoholism

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

                        National Institute on Drug Abuse

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

                       National Institute of Mental Health

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

                    National Human Genome Research Institute

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

           National Institute of Biomedical Imaging and Bioengineering

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

                     National Center for Research Resources

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

           National Center for Complementary and Alternative Medicine

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

            National Center on Minority Health and Health Disparities

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

                      John E. Fogarty International Center

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

                          National Library of Medicine

        For carrying out section 301 and title IV of the Public Health
    Service Act (``PHS Act'') with respect to health information
    communications, $330,771,000, of which $4,000,000 shall be available
    until

    [[Page 123 STAT. 770]]

    expended for improvement of information systems: Provided, That in
    fiscal year 2009, the National Library of Medicine may enter into
    personal services contracts for the provision of services in facilities
    owned, operated, or constructed under the jurisdiction of the National
    Institutes of Health: Provided further, That in addition to amounts
    provided herein, $8,200,000 shall be available from amounts available
    under section 241 of the PHS Act to carry out the purposes of the
    National Information Center on Health Services Research and Health Care
    Technology established under section 478A of the PHS Act and related
    health services.

                             Office of the Director

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

                            Buildings and Facilities

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

            Substance Abuse and Mental Health Services Administration

                   substance abuse and mental health services

        For carrying out titles III, V, and XIX of the Public Health Service
    Act (``PHS Act'') with respect to substance abuse and mental health
    services and the Protection and Advocacy for Individuals with Mental
    Illness Act, $3,334,906,000, of which $15,666,000 shall be used for the
    projects, and in the amounts, specified under the heading ``Substance
    Abuse and Mental Health Services'' in the explanatory statement
    described in section 4 (in the matter preceding division A of this
    consolidated Act): Provided, That notwithstanding section 520A(f)(2) of
    the PHS Act, no funds appropriated for carrying out section 520A are
    available for carrying out section 1971 of the PHS Act: Provided
    further, That $2,000,000 shall be

    [[Page 123 STAT. 771]]

    available to establish State-administered controlled substance
    monitoring systems as authorized by Public Law 109-60: Provided further,
    That $772,000 shall be for reimbursing the General Services
    Administration for environmental testing and remediation on the
    federally owned facilities at St. Elizabeths Hospital, including but not
    limited to testing and remediation conducted prior to fiscal year 2009:
    Provided further, That in addition to amounts provided herein, the
    following amounts shall be available under section 241 of the PHS Act:
    (1) $79,200,000 to carry out subpart II of part B of title XIX of the
    PHS Act to fund section 1935(b) technical assistance, national data,
    data collection and evaluation activities, and further that the total
    available under this Act for section 1935(b) activities shall not exceed
    5 percent of the amounts appropriated for subpart II of part B of title
    XIX; (2) $21,039,000 to carry out subpart I of part B of title XIX of
    the PHS Act to fund section 1920(b) technical assistance, national data,
    data collection and evaluation activities, and further that the total
    available under this Act for section 1920(b) activities shall not exceed
    5 percent of the amounts appropriated for subpart I of part B of title
    XIX; (3) $22,750,000 to carry out national surveys on drug abuse and
    mental health; and (4) $8,596,000 to collect and analyze data and
    evaluate substance abuse treatment programs: Provided further, That
    section 520E(b)(2) of the PHS Act shall not apply to funds appropriated
    under this Act for fiscal year 2009.

                   Agency for Healthcare Research and Quality

                         Healthcare Research and Quality

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

                   Centers for Medicare and Medicaid Services

                          grants to states for medicaid

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

    [[Page 123 STAT. 772]]

                       payments to health care trust funds

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

                               program management

        For carrying out, except as otherwise provided, titles XI, XVIII,
    XIX, and XXI of the Social Security Act, titles XIII and XXVII of the
    Public Health Service Act (``PHS Act''), and the Clinical Laboratory
    Improvement Amendments of 1988, not to exceed $3,305,386,000, to be
    transferred from the Federal Hospital Insurance Trust Fund and the
    Federal Supplementary Medical Insurance Trust Fund, as authorized by
    section 201(g) of the Social Security Act; together with all funds
    collected in accordance with section 353 of the PHS Act and section
    1857(e)(2) of the Social Security Act, funds retained by the Secretary
    of Health and Human Services pursuant to section 302 of the Tax Relief
    and Health Care Act of 2006; and such sums as may be collected from
    authorized user fees and the sale of data, which shall be credited to
    this account and remain available until expended: Provided, That all
    funds derived in accordance with 31 U.S.C. 9701 from organizations
    established under title XIII of the PHS Act shall be credited to and
    available for carrying out the purposes of this appropriation: Provided
    further, That $35,700,000, to remain available through September 30,
    2010, shall be for contract costs for the Healthcare Integrated General
    Ledger Accounting System: Provided further, That $108,900,000, to remain
    available through September 30, 2010, shall be for the Centers for
    Medicare and Medicaid Services (``CMS'') Medicare contracting reform
    activities: Provided further, That funds appropriated under this heading
    shall be available for the Healthy Start, Grow Smart program under which
    the CMS may, directly or through grants, contracts, or cooperative
    agreements, produce and distribute informational materials including,
    but not limited to, pamphlets and brochures on infant and toddler health
    care to expectant parents enrolled in the Medicaid program and to
    parents and guardians enrolled in such program with infants and
    children: <<NOTE: Fees.>>  Provided further, That the Secretary is
    directed to collect fees in fiscal year 2009 from Medicare Advantage
    organizations pursuant to section 1857(e)(2) of the Social Security Act
    and from eligible organizations with risk-sharing contracts under
    section 1876 of that Act pursuant to section 1876(k)(4)(D) of that Act:
    Provided further, That $4,542,000 shall be used for the projects, and in
    the amounts, specified under the heading ``Program Management'' in the
    explanatory statement described in section 4 (in the matter preceding
    division A of this consolidated Act): Provided further, That $75,000,000
    is available for the State high risk health insurance pool program as
    authorized by the State High Risk Pool Funding Extension Act of 2006.

    [[Page 123 STAT. 773]]

                   Health Care Fraud and Abuse Control Account

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

                    Administration for Children and Families

      Payments to States for Child Support Enforcement and Family Support
                                    Programs

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

                         Refugee and Entrant Assistance

        For necessary expenses for refugee and entrant assistance activities
    authorized by section 414 of the Immigration and Nationality Act and
    section 501 of the Refugee Education Assistance Act of 1980, for
    carrying out section 462 of the Homeland Security Act of 2002, for costs
    associated with the care and placement of unaccompanied alien children,
    and for carrying out the Torture Victims Relief Act of 1998,
    $633,442,000, of which up to $9,814,000

    [[Page 123 STAT. 774]]

    shall be available to carry out the Trafficking Victims Protection Act
    of 2000: Provided, That funds appropriated under this heading pursuant
    to section 414(a) of the Immigration and Nationality Act and section 462
    of the Homeland Security Act of 2002 for fiscal year 2009 shall be
    available for the costs of assistance provided and other activities to
    remain available through September 30, 2011.

        Payments to States for the Child Care and Development Block Grant

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

                           Social Services Block Grant

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

                     children and families services programs

        For carrying out, except as otherwise provided, the Runaway and
    Homeless Youth Act, the Developmental Disabilities Assistance and Bill
    of Rights Act, the Head Start Act, the Child Abuse Prevention and
    Treatment Act, sections 310 and 316 of the Family Violence Prevention
    and Services Act, the Native American Programs Act of 1974, title II of
    the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978
    (adoption opportunities), sections 330F and 330G of the Public Health
    Service Act (``PHS Act''), the Abandoned Infants Assistance Act of 1988,
    sections 261 and 291 of the Help America Vote Act of 2002, part B-1 of
    title IV and sections 413, 1110, and 1115 of the Social Security Act;
    for making payments under the Community Services Block Grant Act (``CSBG
    Act''), sections 439(i), 473B, and 477(i) of the Social Security Act,
    and the Assets for Independence Act; and for necessary administrative
    expenses to carry out such Acts and titles I, IV, V, X, XI, XIV, XVI,
    and XX of the Social Security Act, the Act of July 5, 1960, the Low-
    Income Home Energy Assistance Act of 1981, title IV of the Immigration
    and Nationality Act, section 501 of the Refugee Education Assistance Act
    of 1980, and section 505 of the Family Support Act of 1988,
    $9,301,111,000, of which $36,500,000, to remain available through
    September 30, 2010, shall

    [[Page 123 STAT. 775]]

    be for grants to States for adoption incentive payments, as authorized
    by section 473A of the Social Security Act and may be made for adoptions
    completed before September 30, 2009: <<NOTE: Adoption incentives.>>
    Provided, That without regard to the fiscal year limitations set forth
    in section 473A of the Social Security Act, from the amounts
    appropriated herein, the Secretary shall pay adoption incentives for
    fiscal year 2008 in the same manner as such incentives were awarded in
    fiscal year 2008 for the previous fiscal year: Provided further, That
    $7,112,786,000 shall be for making payments under the Head Start Act, of
    which $2,000,000, to remain available through September 30, 2010, shall
    be designated to fund section 657B: Provided further, That $746,000,000
    shall be for making payments under the CSBG Act: Provided further, That
    not less than $10,000,000 shall be for section 680(3)(B) of the CSBG
    Act: Provided further, That in addition to amounts provided herein,
    $5,762,000 shall be available from amounts available under section 241
    of the PHS Act to carry out the provisions of section 1110 of the Social
    Security Act: Provided further, That to the extent Community Services
    Block Grant funds are distributed as grant funds by a State to an
    eligible entity as provided under the CSBG Act, and have not been
    expended by such entity, they shall remain with such entity for
    carryover into the next fiscal year for expenditure by such entity
    consistent with program purposes: Provided further,
    That <<NOTE: Procedures. 42 USC 9921 note.>>  the Secretary of Health
    and Human Services shall establish procedures regarding the disposition
    of intangible assets and program income that permit such assets acquired
    with, and program income derived from, grant funds authorized under
    section 680 of the CSBG Act to become the sole property of such grantees
    after a period of not more than 12 years after the end of the grant
    period for any activity consistent with section 680(a)(2)(A) of the CSBG
    Act: Provided further, That intangible assets in the form of loans,
    equity investments and other debt instruments, and program income may be
    used by grantees for any eligible purpose consistent with section
    680(a)(2)(A) of the CSBG Act: Provided further,
    That <<NOTE: Applicability.>>  these procedures shall apply to such
    grant funds made available after November 29, 1999: Provided further,
    That funds appropriated for section 680(a)(2) of the CSBG Act shall be
    available for financing construction and rehabilitation and loans or
    investments in private business enterprises owned by community
    development corporations: Provided further, That $47,688,000 shall be
    for a compassion capital fund to provide grants to charitable
    organizations to emulate model social service programs and to encourage
    research on the best practices of social service organizations: Provided
    further, That $17,410,000 shall be for activities authorized by the Help
    America Vote Act of 2002, of which $12,154,000 shall be for payments to
    States to promote access for voters with disabilities, and of which
    $5,256,000 shall be for payments to States for protection and advocacy
    systems for voters with disabilities: <<NOTE: Abstinence education.>>
    Provided further, That $94,659,000 shall be for making competitive
    grants to provide abstinence education (as defined by section 510(b)(2)
    of the Social Security Act) to adolescents, and for Federal costs of
    administering the grants: Provided further, That grants under the
    immediately preceding proviso shall be made only to public and private
    entities which agree that, with respect to an adolescent to whom the
    entities provide abstinence education under such grants, the entities
    will not provide to that adolescent any other education regarding sexual
    conduct, except that, in the case of an entity expressly required

    [[Page 123 STAT. 776]]

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

                       promoting safe and stable families

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

           Payments to States for Foster Care and Adoption Assistance

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

                             Administration on Aging

                             Aging Services Programs

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

    [[Page 123 STAT. 777]]

                             Office of the Secretary

                         general departmental management

                          (including transfer of funds)

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

                     office of medicare hearings and appeals

        For expenses necessary for administrative law judges responsible for
    hearing cases under title XVIII of the Social Security Act (and related
    provisions of title XI of such Act), $64,604,000,

    [[Page 123 STAT. 778]]

    to be transferred in appropriate part from the Federal Hospital
    Insurance Trust Fund and the Federal Supplementary Medical Insurance
    Trust Fund.

      office of the national coordinator for health information technology

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

                           office of inspector general

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

                             office for civil rights

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

          retirement pay and medical benefits for commissioned officers

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

                public health and social services emergency fund

                          (including transfer of funds)

        For expenses necessary to support activities related to countering
    potential biological, nuclear, radiological and chemical threats to
    civilian populations, and for other public health emergencies,
    $537,704,000, of which not to exceed $22,052,000 shall be to pay the
    costs described in section 319F-2(c)(7)(B) of the Public Health Service
    Act (``PHS Act'').

    [[Page 123 STAT. 779]]

        For expenses necessary to support advanced research and development
    pursuant to section 319L of the PHS Act, $275,000,000, to be derived by
    transfer from funds appropriated under the heading ``Biodefense
    Countermeasures'' in the Department of Homeland Security Appropriations
    Act, 2004, to remain available through September 30, 2010.
        For expenses necessary to prepare for and respond to an influenza
    pandemic, $448,091,000, together with $137,000,000 to be derived by
    transfer from funds appropriated under the heading ``Biodefense
    Countermeasures'' in the Department of Homeland Security Appropriations
    Act, 2004, of which $507,000,000 shall be available until expended, for
    activities including the development and purchase of vaccine,
    antivirals, necessary medical supplies, diagnostics, and other
    surveillance tools: Provided, That products purchased with these funds
    may, at the discretion of the Secretary of Health and Human Services, be
    deposited in the Strategic National Stockpile under section 319F-2 of
    the PHS Act: Provided further, That notwithstanding section 496(b) of
    the PHS Act, funds may be used for the construction or renovation of
    privately owned facilities for the production of pandemic influenza
    vaccines and other biologics, if the Secretary finds such construction
    or renovation necessary to secure sufficient supplies of such vaccines
    or biologics: Provided further, That funds appropriated herein may be
    transferred to other appropriation accounts of the Department of Health
    and Human Services, as determined by the Secretary to be appropriate, to
    be used for the purposes specified in this paragraph.

                               GENERAL PROVISIONS

        Sec. 201. Funds appropriated in this title shall be available for
    not to exceed $50,000 for official reception and representation expenses
    when specifically approved by the Secretary of Health and Human
    Services.
        Sec. 202. <<NOTE: Government employees. Children and youth. AIDS.>>
    The Secretary of Health and Human Services shall make available through
    assignment not more than 60 employees of the Public Health Service to
    assist in child survival activities and to work in AIDS programs through
    and with funds provided by the Agency for International Development, the
    United Nations International Children's Emergency Fund or the World
    Health Organization.

        Sec. 203. None of the funds appropriated in this Act for the
    National Institutes of Health, the Agency for Healthcare Research and
    Quality, and the Substance Abuse and Mental Health Services
    Administration shall be used to pay the salary of an individual, through
    a grant or other extramural mechanism, at a rate in excess of Executive
    Level I.
        Sec. 204. <<NOTE: Reports.>>  None of the funds appropriated in this
    Act may be expended pursuant to section 241 of the Public Health Service
    Act, except for funds specifically provided for in this Act, or for
    other taps and assessments made by any office located in the Department
    of Health and Human Services, prior to the preparation and submission of
    a report by the Secretary of Health and Human Services to the Committees
    on Appropriations of the House of Representatives and the Senate
    detailing the planned uses of such funds.

        Sec. 205. Notwithstanding section 241(a) of the Public Health
    Service Act, such portion as the Secretary of Health and Human

    [[Page 123 STAT. 780]]

    Services shall determine, but not more than 2.4 percent, of any amounts
    appropriated for programs authorized under such Act shall be made
    available for the evaluation (directly, or by grants or contracts) of
    the implementation and effectiveness of such programs.

                               (transfer of funds)

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

                               (transfer of funds)

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

                               (transfer of funds)

        Sec. 208. Of the amounts made available in this Act for the National
    Institutes of Health, the amount for research related to the human
    immunodeficiency virus, as jointly determined by the Director of the
    National Institutes of Health and the Director of the Office of AIDS
    Research, shall be made available to the ``Office of AIDS Research''
    account. The Director of the Office of AIDS Research shall transfer from
    such account amounts necessary to carry out section 2353(d)(3) of the
    Public Health Service Act.
        Sec. 209.  None <<NOTE: Certification.>>  of the funds appropriated
    in this Act may be made available to any entity under title X of the
    Public Health Service Act unless the applicant for the award certifies
    to the Secretary of Health and Human Services that it encourages family
    participation in the decision of minors to seek family planning services
    and that it provides counseling to minors on how to resist attempts to
    coerce minors into engaging in sexual activities.

        Sec. 210. Notwithstanding any other provision of law, no provider of
    services under title X of the Public Health Service Act shall be exempt
    from any State law requiring notification or the reporting of child
    abuse, child molestation, sexual abuse, rape, or incest.
        Sec. 211. None of the funds appropriated by this Act (including
    funds appropriated to any trust fund) may be used to carry out the
    Medicare Advantage program if the Secretary of Health and

    [[Page 123 STAT. 781]]

    Human Services denies participation in such program to an otherwise
    eligible entity (including a Provider Sponsored Organization) because
    the entity informs the Secretary that it will not provide, pay for,
    provide coverage of, or provide referrals for abortions: Provided, That
    the Secretary shall make appropriate prospective adjustments to the
    capitation payment to such an entity (based on an actuarially sound
    estimate of the expected costs of providing the service to such entity's
    enrollees): Provided further, That nothing in this section shall be
    construed to change the Medicare program's coverage for such services
    and a Medicare Advantage organization described in this section shall be
    responsible for informing enrollees where to obtain information about
    all Medicare covered services.
        Sec. 212. <<NOTE: Drugs and drug
    abuse. Certification. Deadline. Tobacco and tobacco products.>>  (a)
    Except as provided by subsection (e) none of the funds appropriated by
    this Act may be used to withhold substance abuse funding from a State
    pursuant to section 1926 of the Public Health Service Act if such State
    certifies to the Secretary of Health and Human Services by May 1, 2009,
    that the State will commit additional State funds, in accordance with
    subsection (b), to ensure compliance with State laws prohibiting the
    sale of tobacco products to individuals under 18 years of age.

        (b) The amount of funds to be committed by a State under subsection
    (a) shall be equal to 1 percent of such State's substance abuse block
    grant allocation for each percentage point by which the State misses the
    retailer compliance rate goal established by the Secretary under section
    1926 of such Act.
        (c) The State is to maintain State expenditures in fiscal year 2009
    for tobacco prevention programs and for compliance activities at a level
    that is not less than the level of such expenditures maintained by the
    State for fiscal year 2008, and adding to that level the additional
    funds for tobacco compliance activities required under subsection
    (a). <<NOTE: Reports. Deadline.>>  The State is to submit a report to
    the Secretary on all fiscal year 2008 State expenditures and all fiscal
    year 2009 obligations for tobacco prevention and compliance activities
    by program activity by July 31, 2009.

        (d) The Secretary shall exercise discretion in enforcing the timing
    of the State obligation of the additional funds required by the
    certification described in subsection (a) as late as July 31, 2009.
        (e) None of the funds appropriated by this Act may be used to
    withhold substance abuse funding pursuant to section 1926 of the Public
    Health Service Act from a territory that receives less than $1,000,000.
        Sec. 213. In order for the Department of Health and Human Services
    to carry out international health activities, including HIV/AIDS and
    other infectious disease, chronic and environmental disease, and other
    health activities abroad during fiscal year 2009:
                (1) The Secretary of Health and Human Services may exercise
            authority equivalent to that available to the Secretary of State
            in section 2(c) of the State Department Basic Authorities Act of
            1956. The Secretary of Health and Human Services shall consult
            with the Secretary of State and relevant Chief of Mission to
            ensure that the authority provided in this section is exercised
            in a manner consistent with section 207 of the Foreign Service
            Act of 1980 and other applicable statutes administered by the
            Department of State.
                (2) The Secretary of Health and Human Services is authorized
            to provide such funds by advance or reimbursement to

    [[Page 123 STAT. 782]]

            the Secretary of State as may be necessary to pay the costs of
            acquisition, lease, alteration, renovation, and management of
            facilities outside of the United States for the use of the
            Department of Health and Human Services. The Department of State
            shall cooperate fully with the Secretary of Health and Human
            Services to ensure that the Department of Health and Human
            Services has secure, safe, functional facilities that comply
            with applicable regulation governing location, setback, and
            other facilities requirements and serve the purposes established
            by this Act. The Secretary of Health and Human Services is
            authorized, in consultation with the Secretary of State, through
            grant or cooperative agreement, to make available to public or
            nonprofit private institutions or agencies in participating
            foreign countries, funds to acquire, lease, alter, or renovate
            facilities in those countries as necessary to conduct programs
            of assistance for international health activities, including
            activities relating to HIV/AIDS and other infectious diseases,
            chronic and environmental diseases, and other health activities
            abroad.

        Sec. 214. (a) Authority.--Notwithstanding any other provision of
    law, the Director of the National Institutes of Health (``Director'')
    may use funds available under section 402(b)(7) or 402(b)(12) of the
    Public Health Service Act (``PHS Act'') to enter into transactions
    (other than contracts, cooperative agreements, or grants) to carry out
    research identified pursuant to such section 402(b)(7) (pertaining to
    the Common Fund) or research and activities described in such section
    402(b)(12).
        (b) Peer Review.--In entering into transactions under subsection
    (a), the Director may utilize such peer review procedures (including
    consultation with appropriate scientific experts) as the Director
    determines to be appropriate to obtain assessments of scientific and
    technical merit. <<NOTE: Applicability.>>  Such procedures shall apply
    to such transactions in lieu of the peer review and advisory council
    review procedures that would otherwise be required under sections
    301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of the
    PHS Act.

        Sec. 215. Funds which are available for Individual Learning Accounts
    for employees of the Centers for Disease Control and Prevention
    (``CDC'') and the Agency for Toxic Substances and Disease Registry
    (``ATSDR'') may be transferred to ``Disease Control, Research, and
    Training'', to be available only for Individual Learning Accounts:
    Provided, That such funds may be used for any individual full-time
    equivalent employee while such employee is employed either by CDC or
    ATSDR.
        Sec. 216. <<NOTE: 42 USC 2940o note.>>  Notwithstanding any other
    provisions of law, funds made available in this Act may be used to
    continue operating the Council on Graduate Medical Education established
    by section 301 of Public Law 102-408.

        Sec. 217.  The <<NOTE: Electronic records. Public
    information. Deadline. 42 USC 282c.>>  Director of the National
    Institutes of Health (``NIH'') shall require in the current fiscal year
    and thereafter that all investigators funded by the NIH submit or have
    submitted for them to the National Library of Medicine's PubMed Central
    an electronic version of their final, peer-reviewed manuscripts upon
    acceptance for publication, to be made publicly available no later than
    12 months after the official date of publication: Provided, That the NIH
    shall implement the public access policy in a manner consistent with
    copyright law.

    [[Page 123 STAT. 783]]

        Sec. 218. Not to exceed $35,000,000   of funds appropriated by this
    Act to the institutes and centers of the National Institutes of Health
    may be used for alteration, repair, or improvement of facilities, as
    necessary for the proper and efficient conduct of the activities
    authorized herein, at not to exceed $2,500,000 per project.

                               (transfer of funds)

        Sec. 219. Of the amounts made available for the National Institutes
    of Health, 1 percent of the amount made available for National Research
    Service Awards (``NRSA'') shall be made available to the Administrator
    of the Health Resources and Services Administration to make NRSA awards
    for research in primary medical care to individuals affiliated with
    entities who have received grants or contracts under section 747 of the
    Public Health Service Act, and 1 percent of the amount made available
    for NRSA shall be made available to the Director of the Agency for
    Healthcare Research and Quality to make NRSA awards for health service
    research.
        Sec. 220.  Section 223 of division G of the Consolidated
    Appropriations Act, 2008, <<NOTE: 42 USC 3514a.>>  is amended in its
    first proviso by striking ``for'' the first time it appears and
    inserting ``in''.

        Sec. 221. (a) In General.--Section 1927(c)(1)(D) of the Social
    Security Act <<NOTE: 42 USC 1396r-8.>>  (42 U.S.C. Sec. 1396r-
    8(c)(1)(D)), as added by section 6001(d)(2) of the Deficit Reduction Act
    of 2005, is amended--

        (1) in clause (i)--
                (A) by redesignating subclause (IV) as subclause (VI); and
                (B) by inserting after subclause (III) the following:
                                        ``(IV) An entity that--
                                                ``(aa) is described in
                                            section 501(c)(3) of the
                                            Internal Revenue Code of 1986
                                            and exempt from tax under
                                            section 501(a) of such Act or is
                                            State-owned or operated; and
                                                ``(bb) would be a covered
                                            entity described in section
                                            340(B)(a)(4) of the Public
                                            Health Service Act insofar as
                                            the entity provides the same
                                            type of services to the same
                                            type of populations as a covered
                                            entity described in such section
                                            provides, but does not receive
                                            funding under a provision of law
                                            referred to in such section;
                                        ``(V) A public or nonprofit entity,
                                    or an entity based at an institution of
                                    higher learning whose primary purpose is
                                    to provide health care services to
                                    students of that institution, that
                                    provides a service or services described
                                    under section 1001(a) of the Public
                                    Health Service Act, 42 U.S.C. 300.''.
                (2) by adding at the end the following new clause:
                              ``(iv) Rule of Construction.--Nothing in this
                          subparagraph shall be construed to alter any
                          existing statutory or regulatory prohibition on
                          services with respect to an entity described in
                          clause (i)(IV), including the prohibition set
                          forth in section 1008 of the Public Health Service
                          Act.''.

        (b) Effective Date.--The <<NOTE: 42 USC 1396r-8 note.>>  amendments
    made by this subsection shall take effect as if included in the
    amendment made by section 6001(d)(2) of the Deficit Reduction Act of
    2005.

    [[Page 123 STAT. 784]]

        Sec. 222. Section 202 of Public Law 102-394 <<NOTE: 42 USC 238f
    note.>>  is hereby amended by substituting ``4,000'' for ``2,800''.

        Sec. 223. <<NOTE: Deadline. Notice. Public comment.>>  Within 60
    days of passage of this Act, the Secretary of the Department of Health
    and Human Services shall issue an Advanced Notice of Proposed Rulemaking
    to solicit public comment in advance of modifying regulations at 42 CFR
    Part 50 Subpart F for the purpose of strengthening Federal oversight and
    identifying enhancements of policies, including requirements for
    financial disclosure to institutions, governing financial conflicts of
    interest among extramural investigators receiving grant support from the
    National Institutes of Health.

        Sec. 224. <<NOTE: Designation. 42 USC 280g-1 note.>>  Hereafter, the
    activities authorized under section 399M of the Public Health Service
    Act shall be known as the ``James T. Walsh Universal Newborn Hearing
    Screening Program.''

                              (rescission of funds)

        Sec. 225. Of the funds available for carrying out section 204 of the
    Ticket to Work and Work Incentives Improvement Act of 1999 (Public Law
    106-170), $21,500,000 are rescinded: Provided, That notwithstanding
    subsection (c)(3)(B) of such section, in no case may the aggregate
    amount of payments made by the Secretary of Health and Human Services to
    States under such section exceed $223,500,000.
        Sec. 226. Section 1941(b)(1)(B) of the Social Security Act, as added
    by section 7002(b) of the Supplemental Appropriations Act, 2008,
    is <<NOTE: 42 USC 1396w-1.>>  amended by inserting ``each of'' after
    ``for''.

        This title may be cited as the ``Department of Health and Human
    Services Appropriations Act, 2009''.

    TITLE III <<NOTE: Department of Education Appropriations Act, 2009.>>

                             DEPARTMENT OF EDUCATION

                         Education for the Disadvantaged

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

    [[Page 123 STAT. 785]]

                                   Impact Aid

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

                           School Improvement Programs

        For carrying out school improvement activities authorized by parts
    A, B, and D of title II, part B of title IV, subparts 6 and 9 of part D
    of title V, parts A and B of title VI, and parts B and C of title VII of
    the Elementary and Secondary Education Act of 1965 (``ESEA''); the
    McKinney-Vento Homeless Assistance Act; section 203 of the Educational
    Technical Assistance Act of 2002; the Compact of Free Association
    Amendments Act of 2003; and the Civil Rights Act of 1964,
    $5,362,016,000, of which $3,495,865,000 shall become available on July
    1, 2009, and remain available through September 30, 2010, and of which
    $1,681,441,000 shall become available on October 1, 2009, and shall
    remain available through September 30, 2010, for academic year 2009-
    2010: Provided, That of the funds available for section 2103(a) of the
    ESEA, $5,000,000 shall be available for a school leadership partnership
    initiative and up to $7,500,000 shall be available for teacher and
    principal quality national activities administered by the Secretary of
    Education, as specified in the explanatory statement described in
    section 4 (in the matter preceding division A of this consolidated Act):
    Provided further, That funds made available to carry out part B of title
    VII of the ESEA may be used for construction, renovation and
    modernization of any elementary school, secondary school, or structure
    related to an elementary school or secondary school, run by the
    Department of Education of the State of Hawaii, that serves a
    predominantly Native Hawaiian student body: Provided further,
    That <<NOTE: Hawaii.>>  from the funds referred to in the preceding
    proviso, not less than $1,500,000 shall be for a grant to the Department
    of Education of the State of Hawaii for the activities described in such
    proviso, and $1,500,000 shall be for a grant to the University of Hawaii
    School of Law for a Center

    [[Page 123 STAT. 786]]

    of Excellence in Native Hawaiian law: Provided further, That funds made
    available to carry out part C of title VII of the ESEA may be used for
    construction: Provided further, That up to 100 percent of the funds
    available to a State educational agency under part D of title II of the
    ESEA may be used for subgrants described in section 2412(a)(2)(B) of
    such Act: Provided further, That $57,113,000 shall be available to carry
    out section 203 of the Educational Technical Assistance Act of 2002:
    Provided further, That $33,791,000 shall be available to carry out part
    D of title V of the ESEA: Provided further, That no funds appropriated
    under this heading may be used to carry out section 5494 under the ESEA:
    Provided further, That $17,687,000 shall be available to carry out the
    Supplemental Education Grants program for the Federated States of
    Micronesia and the Republic of the Marshall Islands: Provided further,
    That up to 5 percent of these amounts may be reserved by the Federated
    States of Micronesia and the Republic of the Marshall Islands to
    administer the Supplemental Education Grants programs and to obtain
    technical assistance, oversight and consultancy services in the
    administration of these grants and to reimburse the United States
    Departments of Labor, Health and Human Services, and Education for such
    services: Provided further, That $7,360,000 of the funds available for
    the Foreign Language Assistance Program shall be available for 5-year
    grants to local educational agencies that would work in partnership with
    one or more institutions of higher education to establish or expand
    articulated programs of study in languages critical to United States
    national security that will enable successful students to advance from
    elementary school through college to achieve a superior level of
    proficiency in those languages.

                                Indian Education

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

                           Innovation and Improvement

        For carrying out activities authorized by part G of title I, subpart
    5 of part A and parts C and D of title II, parts B, C, and D of title V,
    and section 1504 of the Elementary and Secondary Education Act of 1965,
    $996,425,000: Provided, That $10,649,000 shall be provided to the
    National Board for Professional Teaching Standards to carry out section
    2151(c), including $1,000,000 to develop a National Board certification
    for principals of elementary and secondary schools: Provided further,
    That from funds for subpart 4, part C of title II, up to 3 percent shall
    be available to the Secretary of Education for technical assistance and
    dissemination of information: Provided further, That $347,640,000 shall
    be available to carry out part D of title V: Provided further, That
    $88,015,000 shall be used for the projects, and in the amounts,
    specified under the heading ``Innovation and Improvement'' in the
    explanatory statement described in section 4 (in the matter preceding
    division A of this consolidated Act): Provided further, That $97,270,000
    of the funds for subpart 1 shall be for competitive grants to local
    educational agencies, including charter schools that are local
    educational agencies, or States, or partnerships of: (1) a local
    educational agency, a State, or both; and (2) at least one

    [[Page 123 STAT. 787]]

    non-profit organization to develop and implement performance-based
    teacher and principal compensation systems in high-need schools:
    Provided further, That such performance-based compensation systems must
    consider gains in student academic achievement as well as classroom
    evaluations conducted multiple times during each school year among other
    factors and provide educators with incentives to take on additional
    responsibilities and leadership roles: Provided further, That up to 5
    percent of such funds for competitive grants shall be available for
    technical assistance, training, peer review of applications, program
    outreach and evaluation activities: Provided further, That of the funds
    available for part B of title V, the Secretary shall use up to
    $21,031,000 to carry out activities under section 5205(b) and under
    subpart 2, and shall use not less than $195,000,000 to carry out other
    activities authorized under subpart 1.

                     Safe Schools and Citizenship Education

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

                          English Language Acquisition

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

                                Special Education

        For carrying out the Individuals with Disabilities Education Act
    (``IDEA'') and the Special Olympics Sport and Empowerment Act of 2004,
    $12,579,677,000, of which $3,726,354,000 shall become available on July
    1, 2009, and shall remain available through September 30, 2010, and of
    which $8,592,383,000 shall become available on October 1, 2009, and
    shall remain available through

    [[Page 123 STAT. 788]]

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

                 Rehabilitation Services and Disability Research

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

               Special Institutions for Persons With Disabilities

                      american printing house for the blind

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

                    national technical institute for the deaf

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

                              Gallaudet University

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

                     Career, Technical, and Adult Education

        For carrying out, to the extent not otherwise provided, the Carl D.
    Perkins Career and Technical Education Act of 2006, the

    [[Page 123 STAT. 789]]

    Adult Education and Family Literacy Act, subpart 4 of part D of title V
    of the Elementary and Secondary Education Act of 1965 (``ESEA'') and
    title VIII-D of the Higher Education Amendments of 1998, $1,944,348,000,
    of which $4,400,000 shall become available on October 1, 2008 and remain
    available until September 30, 2010, of which $1,148,948,000 shall become
    available on July 1, 2009, and shall remain available through September
    30, 2010, and of which $791,000,000 shall become available on October 1,
    2009, and shall remain available through September 30, 2010: Provided,
    That of the amount provided for Adult Education State Grants,
    $67,896,000 shall be made available for integrated English literacy and
    civics education services to immigrants and other limited English
    proficient populations: Provided further, That of the amount reserved
    for integrated English literacy and civics education, notwithstanding
    section 211 of the Adult Education and Family Literacy Act, 65 percent
    shall be allocated to States based on a State's absolute need as
    determined by calculating each State's share of a 10-year average of the
    United States Citizenship and Immigration Services data for immigrants
    admitted for legal permanent residence for the 10 most recent years, and
    35 percent allocated to States that experienced growth as measured by
    the average of the 3 most recent years for which United States
    Citizenship and Immigration Services data for immigrants admitted for
    legal permanent residence are available, except that no State shall be
    allocated an amount less than $60,000: Provided further, That of the
    amounts made available for the Adult Education and Family Literacy Act,
    $6,878,000 shall be for national leadership activities under section 243
    and $6,468,000 shall be for the National Institute for Literacy under
    section 242: Provided further, That $88,000,000 shall be available to
    support the activities authorized under subpart 4 of part D of title V
    of the ESEA, of which up to 5 percent shall become available October 1,
    2008, and shall remain available through September 30, 2010, for
    evaluation, technical assistance, school networks, peer review of
    applications, and program outreach activities, and of which not less
    than 95 percent shall become available on July 1, 2009, and remain
    available through September 30, 2010, for grants to local educational
    agencies: Provided further, That funds made available to local
    educational agencies under this subpart shall be used only for
    activities related to establishing smaller learning communities within
    large high schools or small high schools that provide alternatives for
    students enrolled in large high schools.

                          Student Financial Assistance

                          (including deferral of funds)

        For carrying out subparts 1, 3, and 4 of part A, part C and part E
    of title IV of the Higher Education Act of 1965, $19,156,973,000, which
    shall remain available through September 30, 2010.
        The maximum <<NOTE: 20 USC 1070a note.>>  Pell Grant for which a
    student shall be eligible during award year 2009-2010 shall be $4,860.

        Of the funds made available under section 401A(e)(1)(D) of the
    Higher Education Act of 1965, $887,000,000 shall not be available until
    October 1, 2009.

    [[Page 123 STAT. 790]]

                           Student Aid Administration

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

                                Higher Education

        For carrying out, to the extent not otherwise provided, titles II,
    III, IV, V, VI, and VII of the Higher Education Act of 1965 (``HEA''),
    section 1543 of the Higher Education Amendments of 1992, the Mutual
    Educational and Cultural Exchange Act of 1961, title VIII of the Higher
    Education Amendments of 1998, part I of subtitle A of title VI of the
    America COMPETES Act, section 515 of the Federal Mine Safety and Health
    Act of 1977, and section 117 of the Carl D. Perkins Career and Technical
    Education Act of 2006, $2,100,150,000: Provided, That $9,687,000, to
    remain available through September 30, 2010, shall be available to fund
    fellowships for academic year 2010-2011 under subpart 1 of part A of
    title VII of the HEA, under the terms and conditions of such subpart 1:
    Provided further, That $609,000 shall be for data collection and
    evaluation activities for programs under the HEA, including such
    activities needed to comply with the Government Performance and Results
    Act of 1993: Provided further, That notwithstanding any other provision
    of law, funds made available in this Act to carry out title VI of the
    HEA and section 102(b)(6) of the Mutual Educational and Cultural
    Exchange Act of 1961 may be used to support visits and study in foreign
    countries by individuals who are participating in advanced foreign
    language training and international studies in areas that are vital to
    United States national security and who plan to apply their language
    skills and knowledge of these countries in the fields of government, the
    professions, or international development: Provided further, That of the
    funds referred to in the preceding proviso up to 1 percent may be used
    for program evaluation, national outreach, and information dissemination
    activities: Provided further, That up to $6,556,000 shall be available
    to continue funding for recipients of multi-year awards under section
    204 of the HEA, as that Act was in effect prior to the date of enactment
    of the Higher Education Opportunity Act (``HEOA''), in accordance with
    the terms of their awards: Provided further, That notwithstanding any
    other provision of law, funds available under section 371 of the HEA for
    Tribal Colleges and Universities may be used for construction grants,
    including such funds to recipients of continuation grants for multi-year
    awards that were made in fiscal year 2008 under section 316 of the HEA,
    as that Act was in effect prior to the date of enactment of the HEOA, in
    accordance with the terms of such multi-year awards: Provided further,
    That notwithstanding any other provision of law, a recipient of a multi-
    year award under section 316 of the HEA, as that section was in effect
    prior to the date of enactment of the HEOA, that would have otherwise
    received a continuation award for fiscal year 2009 under that section,
    shall receive under section 316, as amended by the HEOA, not less than
    the amount that such recipient would have received under such a
    continuation award: Provided further, That the portion of the funds
    received under section 316 by a recipient described

    [[Page 123 STAT. 791]]

    in the preceding proviso that is equal to the amount of such
    continuation award shall be used in accordance with the terms of such
    continuation award: Provided further, That $1,000,000, to remain
    available until expended, shall be available to carry out a scholarship
    program for the purpose of increasing the skilled workforce for
    industrial health and safety occupations, including mine safety:
    Provided further, That <<NOTE: Designation.>>  the Secretary of
    Education shall identify these scholarships as ``Erma Byrd
    Scholarships'': <<NOTE: Notice. Federal Register, publication.>>
    Provided further, That such scholarships shall be awarded without regard
    to an applicant's prior work experience, but the Secretary shall,
    notwithstanding section 437 of the General Education Provisions Act and
    5 U.S.C. 553, by notice in the Federal Register, establish the
    eligibility requirements, service obligations, payback requirements, and
    other program requirements similar to those specified in section 515 of
    the Federal Mine Safety and Health Act as are necessary to implement
    such a program: Provided further, That such scholarship funds may be
    used to replace a student's expected family contribution, but
    institutions accepting such scholarship funds may not use these funds to
    supplant existing institutional aid: Provided further, That the
    Secretary shall be authorized to accept contributions for such
    scholarships from private sources: Provided further, That these funds
    shall be used for scholarships for academic year 2009-2010 and may be
    available for scholarships in academic year 2010-2011: Provided further,
    That $91,243,000 shall be used for the projects, and in the amounts,
    specified under the heading ``Higher Education'' in the explanatory
    statement described in section 4 (in the matter preceding division A of
    this consolidated Act).

                                Howard University

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

              College Housing and Academic Facilities Loans Program

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

      Historically Black College and University Capital Financing Program
                                     Account

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

    [[Page 123 STAT. 792]]

    $100,000,000. In addition, for administrative expenses to carry out the
    Historically Black College and University Capital Financing Program
    entered into pursuant to part D of title III of the HEA, $354,000.

                         Institute of Education Sciences

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

                             Departmental Management

                             program administration

        For carrying out, to the extent not otherwise provided, the
    Department of Education Organization Act, including rental of conference
    rooms in the District of Columbia and hire of three passenger motor
    vehicles, $433,482,000, of which $5,400,000, to remain available until
    expended, shall be for relocation of, and renovation of buildings
    occupied by, Department staff.

                             Office for Civil Rights

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

                         Office of the Inspector General

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

                               General Provisions

        Sec. 301. <<NOTE: Racial desegregation.>>  No funds appropriated in
    this Act may be used for the transportation of students or teachers (or
    for the purchase of equipment for such transportation) in order to
    overcome racial imbalance in any school or school system, or for the
    transportation of students or teachers (or for the purchase of equipment
    for such transportation) in order to carry out a plan of racial
    desegregation of any school or school system.

        Sec. 302. None of the funds contained in this Act shall be used to
    require, directly or indirectly, the transportation of any student to a
    school other than the school which is nearest the student's home, except
    for a student requiring special education, to the school offering such
    special education, in order to comply with title VI of the Civil Rights
    Act of 1964. For the purpose

    [[Page 123 STAT. 793]]

    of this section an indirect requirement of transportation of students
    includes the transportation of students to carry out a plan involving
    the reorganization of the grade structure of schools, the pairing of
    schools, or the clustering of schools, or any combination of grade
    restructuring, pairing or clustering. The prohibition described in this
    section does not include the establishment of magnet schools.
        Sec. 303. <<NOTE: Voluntary prayer. Meditation.>>  No funds
    appropriated in this Act may be used to prevent the implementation of
    programs of voluntary prayer and meditation in the public schools.

                               (transfer of funds)

        Sec. 304. Not to exceed 1 percent of any discretionary funds
    (pursuant to the Balanced Budget and Emergency Deficit Control Act of
    1985) which are appropriated for the Department of Education in this Act
    may be transferred between appropriations, but no such appropriation
    shall be increased by more than 3 percent by any such transfer:
    Provided, That the transfer authority granted by this section shall be
    available only to meet emergency needs and shall not be used to create
    any new program or to fund any project or activity for which no funds
    are provided in this Act: <<NOTE: Notification. Deadline.>>  Provided
    further, That the Committees on Appropriations of the House of
    Representatives and the Senate are notified at least 15 days in advance
    of any transfer.

        Sec. 305. <<NOTE: Montana.>>  The signature pages submitted by Heart
    Butte School District in Pondera County, Montana, as part of its
    application for Impact Aid under title VIII of the Elementary and
    Secondary Education Act of 1965, shall be considered to have been timely
    and complete for purposes of receiving funding under such program for
    fiscal year 2009.

        Sec. 306. The Outlying Areas may consolidate funds received under
    this Act as well as any remaining funds received under the Department of
    Education Appropriations Act, 2008, pursuant to 48 U.S.C. 1469a, under
    part A of title V of the Elementary and Secondary Education Act.
        This title may be cited as the ``Department of Education
    Appropriations Act, 2009''.

                                    TITLE IV

                                RELATED AGENCIES

      Committee for Purchase From People Who Are Blind or Severely Disabled

                              Salaries and Expenses

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

                 Corporation for National and Community Service

                               operating expenses

        For necessary expenses for the Corporation for National and
    Community Service to carry out the Domestic Volunteer Service Act of
    1973 (``1973 Act'') and the National and Community Service

    [[Page 123 STAT. 794]]

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

                             national service trust

                          (including transfer of funds)

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

                              Salaries and Expenses

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

    [[Page 123 STAT. 795]]

                           Office of Inspector General

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

                            Administrative Provisions

        Sec. 401. <<NOTE: Definition.>>  Notwithstanding any other provision
    of law, the term ``qualified student loan'' with respect to national
    service education awards shall mean any loan determined by an
    institution of higher education to be necessary to cover a student's
    cost of attendance at such institution and made, insured, or guaranteed
    directly to a student by a State agency, in addition to other meanings
    under section 148(b)(7) of the National and Community Service Act of
    1990.

        Sec. 402. Notwithstanding any other provision of law, funds made
    available under section 129(d)(5)(B) of the National and Community
    Service Act of 1990 (``1990 Act'') to assist entities in placing
    applicants who are individuals with disabilities may be provided to any
    entity that receives a grant under section 121 of the 1990 Act.
        Sec. 403.  The <<NOTE: Notice. Public comment.>>  Corporation for
    National and Community Service (``the Corporation'') shall make any
    significant changes to program requirements, service delivery or policy
    only through public notice and comment rulemaking. For fiscal year 2009,
    during any grant selection process, an officer or employee of the
    Corporation shall not knowingly disclose any covered grant selection
    information regarding such selection, directly or indirectly, to any
    person other than an officer or employee of the Corporation that is
    authorized by the Corporation to receive such information.

        Sec. 404.  Professional Corps programs described in section
    122(a)(8) of the National and Community Service Act of 1990 may apply to
    the Corporation for National and Community Service for a waiver of
    application of section 140(c)(2).
        Sec. 405. Notwithstanding 31 U.S.C. 1342, the Corporation for
    National and Community Service (``the Corporation'') may solicit and
    accept the services of organizations and individuals (other than
    participants) to assist the Corporation in carrying out the duties of
    the Corporation under the national service laws: Provided, That an
    individual who provides services under this section shall be subject to
    the same protections and limitations as volunteers under section 196(a)
    of the National and Community Service Act of 1990.
        Sec. 406. Organizations operating projects under the AmeriCorps
    Education Awards Program shall do so without regard to the requirements
    of sections 121(d) and (e), 131(e), 132, and 140(a), (d), and (e) of the
    National and Community Service Act of 1990.
        Sec. 407. <<NOTE: 42 USC 12571 note.>>  AmeriCorps programs
    receiving grants under the National Service Trust program shall meet an
    overall minimum share requirement of 24 percent for the first three
    years that they receive AmeriCorps funding, and thereafter shall meet
    the overall minimum share requirement as provided in section 2521.60 of
    title 45, Code of Federal Regulations, without regard to the operating
    costs match requirement in section 121(e) or the member support Federal
    share limitations in section 140 of the National and Community Service
    Act of 1990, and subject to partial waiver

    [[Page 123 STAT. 796]]

    consistent with section 2521.70 of title 45, Code of Federal
    Regulations.

        Sec. 408. Notwithstanding any other provision of law, formula-based
    grants to States and territories under section 129(a)(1)-(2) of the
    National and Community Service Act of 1990 to operate AmeriCorps
    programs may be made if the application describes proposed positions
    into which participants will be placed, the proposed minimum
    qualifications of such participants, and includes an assurance that the
    State will select national service programs for subgrants on a
    competitive basis, and an assurance that the aforementioned information
    will be provided for each subgrant awarded prior to the execution of
    such subgrants.

                               (transfer of funds)

        Sec. 409.  For <<NOTE: Deadline. Notice. 42 USC 12601a.>>  fiscal
    year 2009 and thereafter, in addition to amounts otherwise provided to
    the National Service Trust, at no later than the end of the fifth fiscal
    year after the fiscal year for which funds are appropriated or otherwise
    made available, unobligated balances of appropriations available for
    grants under the National Service Trust Program under subtitle C of
    title I of the 1990 Act during such fiscal year may be transferred to
    the National Service Trust after notice is transmitted to the Committees
    on Appropriations of the House of Representatives and the Senate, if
    such funds are initially obligated before the expiration of their period
    of availability.

        Sec. 410. Of the amounts provided in this Act which the Corporation
    for National and Community Service (``the Corporation'') allocates for
    the provision of assistance under subsections 129(a) and (b) of the
    National and Community Service Act of 1990 (``1990 Act''), the
    Corporation shall apply the formula in section 129(a)(1) of the 1990 Act
    in such a manner so as to ensure that each State shall receive a minimum
    of $500,000: Provided, That, in no event shall the total amount allotted
    under section 129(a)(1) exceed 33\1/3\ percent of the funds allocated by
    the Corporation for the provision of assistance under subsections 129(a)
    and (b) of the 1990 Act.
        Sec. 411. Notwithstanding section 139(b) of the National and
    Community Service Act of 1990 (``1990 Act''), an individual in an
    approved national service position performing full-time or part-time
    national service directly related to disaster relief efforts may
    continue in that term of service for a period of 6 months beyond the
    periods otherwise specified in sections 139(b) and 153(e) of the 1990
    Act or section 104 of the Domestic Volunteer Service Act of 1973.
    Service in an extended term as provided under this section shall
    constitute a single term of service for purposes of sections 146(b) and
    (c) of the 1990 Act.
        Sec. 412. Donations made to the Corporation for National and
    Community Service (``the Corporation'') under section 196 of the
    National and Community Service Act of 1990 (``1990 Act'') for the
    purposes of financing programs and operations under titles I and II of
    the 1973 Act or subtitles B, C, D, or E of title I of the 1990 Act shall
    be used to supplement and not supplant current programs and operations.

    [[Page 123 STAT. 797]]

                       Corporation for Public Broadcasting

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

                   Federal Mediation and Conciliation Service

                              salaries and expenses

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

    [[Page 123 STAT. 798]]

                Federal Mine Safety and Health Review Commission

                              Salaries and Expenses

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

                    Institute of Museum and Library Services

        office of museum and library services: grants and administration

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

                      Medicare Payment Advisory Commission

                              salaries and expenses

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

                         National Council on Disability

                              Salaries and Expenses

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

                         National Labor Relations Board

                              Salaries and Expenses

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

    [[Page 123 STAT. 799]]

    on a mutual, nonprofit basis and at least 95 percent of the water stored
    or supplied thereby is used for farming purposes.

                            National Mediation Board

                              Salaries and Expenses

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

                Occupational Safety and Health Review Commission

                              Salaries and Expenses

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

                            Railroad Retirement Board

                         Dual Benefits Payments Account

        For payment to the Dual Benefits Payments Account, authorized under
    section 15(d) of the Railroad Retirement Act of 1974, $72,000,000, which
    shall include amounts becoming available in fiscal year 2009 pursuant to
    section 224(c)(1)(B) of Public Law 98-76; and in addition, an amount,
    not to exceed 2 percent of the amount provided herein, shall be
    available proportional to the amount by which the product of recipients
    and the average benefit received exceeds the amount available for
    payment of vested dual benefits: Provided, That the total amount
    provided herein shall be credited in 12 approximately equal amounts on
    the first day of each month in the fiscal year.

              Federal Payments to the Railroad Retirement Accounts

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

                          Limitation on Administration

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

                  limitation on the office of inspector general

        For expenses necessary for the Office of Inspector General
    (``Office'') for audit, investigatory and review activities, as
    authorized by the Inspector General Act of 1978, not more than
    $7,806,000, to be derived from the railroad retirement accounts and
    railroad unemployment insurance account: Provided, That none of the
    funds

    [[Page 123 STAT. 800]]

    made available in any other paragraph of this Act may be transferred to
    the Office; used to carry out any such transfer; used to provide any
    office space, equipment, office supplies, communications facilities or
    services, maintenance services, or administrative services for the
    Office; used to pay any salary, benefit, or award for any personnel of
    the Office; used to pay any other operating expense of the Office; or
    used to reimburse the Office for any service provided, or expense
    incurred, by the Office, except as permitted pursuant to the last
    proviso under this heading in division G of the Consolidated
    Appropriations Act, 2008.

                         Social Security Administration

                     Payments to Social Security Trust Funds

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

                      Supplemental Security Income Program

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

                      Limitation on Administrative Expenses

        For necessary expenses, including the hire of two passenger motor
    vehicles, and not to exceed $15,000 for official reception and
    representation expenses, not more than $10,067,500,000 may be expended,
    as authorized by section 201(g)(1) of the Social Security Act, from any
    one or all of the trust funds referred to therein: Provided, That not
    less than $2,000,000 shall be for the Social Security Advisory Board:
    Provided further, That unobligated balances of funds provided under this
    paragraph at the end of fiscal year 2009 not needed for fiscal year 2009
    shall remain available until expended to invest in the Social Security
    Administration information technology and telecommunications hardware
    and software infrastructure, including related equipment and non-payroll
    administrative expenses associated solely with this information
    technology and telecommunications infrastructure: Provided further, That
    reimbursement to the trust funds under this heading for expenditures for
    official time for employees of the Social Security Administration
    pursuant to 5 U.S.C. 7131, and for facilities or

    [[Page 123 STAT. 801]]

    support services for labor organizations pursuant to policies,
    regulations, or procedures referred to in section 7135(b) of such title
    shall be made by the Secretary of the Treasury, with interest, from
    amounts in the general fund not otherwise appropriated, as soon as
    possible after such expenditures are made.
        From funds provided under the first paragraph, not less than
    $264,000,000 shall be available for the cost associated with conducting
    continuing disability reviews under titles II and XVI of the Social
    Security Act and for the cost associated with conducting
    redeterminations of eligibility under title XVI of the Social Security
    Act.
        In addition to the amounts made available above, and subject to the
    same terms and conditions, $240,000,000, for additional continuing
    disability reviews and redeterminations of eligibility: Provided,
    That <<NOTE: Reports.>>  the Commissioner shall provide to the Congress
    (at the conclusion of the fiscal year) a report on the obligation and
    expenditure of these additional amounts, similar to the reports that
    were required by section 103(d)(2) of Public Law 104-121 for fiscal
    years 1996 through 2002.

        In addition, $145,000,000 to be derived from administration fees in
    excess of $5.00 per supplementary payment collected pursuant to section
    1616(d) of the Social Security Act or section 212(b)(3) of Public Law
    93-66, which shall remain available until expended. To the extent that
    the amounts collected pursuant to such sections in fiscal year 2009
    exceed $145,000,000, the amounts shall be available in fiscal year 2010
    only to the extent provided in advance in appropriations Acts.
        In addition, up to $1,000,000 to be derived from fees collected
    pursuant to section 303(c) of the Social Security Protection Act, which
    shall remain available until expended.

                           office of inspector general

                          (including transfer of funds)

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

                                     TITLE V

                               GENERAL PROVISIONS

        Sec. 501. The Secretaries of Labor, Health and Human Services, and
    Education are authorized to transfer unexpended balances of prior
    appropriations to accounts corresponding to current appropriations
    provided in this Act. Such transferred balances shall

    [[Page 123 STAT. 802]]

    be used for the same purpose, and for the same periods of time, for
    which they were originally appropriated.
        Sec. 502. No part of any appropriation contained in this Act shall
    remain available for obligation beyond the current fiscal year unless
    expressly so provided herein.
        Sec. 503. <<NOTE: Lobbying.>>  (a) No part of any appropriation
    contained in this Act shall be used, other than for normal and
    recognized executive-legislative relationships, for publicity or
    propaganda purposes, for the preparation, distribution, or use of any
    kit, pamphlet, booklet, publication, radio, television, or video
    presentation designed to support or defeat legislation pending before
    the Congress or any State legislature, except in presentation to the
    Congress or any State legislature itself.

        (b) No part of any appropriation contained in this Act shall be used
    to pay the salary or expenses of any grant or contract recipient, or
    agent acting for such recipient, related to any activity designed to
    influence legislation or appropriations pending before the Congress or
    any State legislature.
        Sec. 504. The Secretaries of Labor and Education are authorized to
    make available not to exceed $28,000 and $20,000, respectively, from
    funds available for salaries and expenses under titles I and III,
    respectively, for official reception and representation expenses; the
    Director of the Federal Mediation and Conciliation Service is authorized
    to make available for official reception and representation expenses not
    to exceed $5,000 from the funds available for ``Federal Mediation and
    Conciliation Service, Salaries and expenses''; and the Chairman of the
    National Mediation Board is authorized to make available for official
    reception and representation expenses not to exceed $5,000 from funds
    available for ``National Mediation Board, Salaries and expenses''.
        Sec. 505. <<NOTE: Needle distribution.>>  Notwithstanding any other
    provision of this Act, no funds appropriated in this Act shall be used
    to carry out any program of distributing sterile needles or syringes for
    the hypodermic injection of any illegal drug.

        Sec. 506. When issuing statements, press releases, requests for
    proposals, bid solicitations and other documents describing projects or
    programs funded in whole or in part with Federal money, all grantees
    receiving Federal funds included in this Act, including but not limited
    to State and local governments and recipients of Federal research
    grants, shall clearly state--
                (1) the percentage of the total costs of the program or
            project which will be financed with Federal money;
                (2) the dollar amount of Federal funds for the project or
            program; and
                (3) percentage and dollar amount of the total costs of the
            project or program that will be financed by non-governmental
            sources.

        Sec. 507. <<NOTE: Abortion.>>  (a) None of the funds appropriated in
    this Act, and none of the funds in any trust fund to which funds are
    appropriated in this Act, shall be expended for any abortion.

        (b) None of the funds appropriated in this Act, and none of the
    funds in any trust fund to which funds are appropriated in this Act,
    shall be expended for health benefits coverage that includes coverage of
    abortion.
        (c) The <<NOTE: Definition.>>  term ``health benefits coverage''
    means the package of services covered by a managed care provider or
    organization pursuant to a contract or other arrangement.

    [[Page 123 STAT. 803]]

        Sec. 508. <<NOTE: Abortion.>>  (a) The limitations established in
    the preceding section shall not apply to an abortion--
                (1) if the pregnancy is the result of an act of rape or
            incest; or
                (2) in the case where a woman suffers from a physical
            disorder, physical injury, or physical illness, including a
            life-endangering physical condition caused by or arising from
            the pregnancy itself, that would, as certified by a physician,
            place the woman in danger of death unless an abortion is
            performed.

        (b) Nothing in the preceding section shall be construed as
    prohibiting the expenditure by a State, locality, entity, or private
    person of State, local, or private funds (other than a State's or
    locality's contribution of Medicaid matching funds).
        (c) Nothing in the preceding section shall be construed as
    restricting the ability of any managed care provider from offering
    abortion coverage or the ability of a State or locality to contract
    separately with such a provider for such coverage with State funds
    (other than a State's or locality's contribution of Medicaid matching
    funds).
        (d)(1) None of the funds made available in this Act may be made
    available to a Federal agency or program, or to a State or local
    government, if such agency, program, or government subjects any
    institutional or individual health care entity to discrimination on the
    basis that the health care entity does not provide, pay for, provide
    coverage of, or refer for abortions.
        (2) In this subsection, the term ``health care entity'' includes an
    individual physician or other health care professional, a hospital, a
    provider-sponsored organization, a health maintenance organization, a
    health insurance plan, or any other kind of health care facility,
    organization, or plan.
        Sec. 509. (a) <<NOTE: Human embryos.>>  None of the funds made
    available in this Act may be used for--
                (1) the creation of a human embryo or embryos for research
            purposes; or
                (2) research in which a human embryo or embryos are
            destroyed, discarded, or knowingly subjected to risk of injury
            or death greater than that allowed for research on fetuses in
            utero under 45 CFR 46.204(b) and section 498(b) of the Public
            Health Service Act (42 U.S.C. 289g(b)).

        (b) For <<NOTE: Definition.>>  purposes of this section, the term
    ``human embryo or embryos'' includes any organism, not protected as a
    human subject under 45 CFR 46 as of the date of the enactment of this
    Act, that is derived by fertilization, parthenogenesis, cloning, or any
    other means from one or more human gametes or human diploid cells.

        Sec. 510. (a) <<NOTE: Drugs and drug abuse.>>  None of the funds
    made available in this Act may be used for any activity that promotes
    the legalization of any drug or other substance included in schedule I
    of the schedules of controlled substances established under section 202
    of the Controlled Substances Act except for normal and recognized
    executive-congressional communications.

        (b) The limitation in subsection (a) shall not apply when there is
    significant medical evidence of a therapeutic advantage to the use of
    such drug or other substance or that federally sponsored clinical trials
    are being conducted to determine therapeutic advantage.

    [[Page 123 STAT. 804]]

        Sec. 511. None of the funds made available in this Act may be used
    to promulgate or adopt any final standard under section 1173(b) of the
    Social Security Act providing for, or providing for the assignment of, a
    unique health identifier for an individual (except in an individual's
    capacity as an employer or a health care provider), until legislation is
    enacted specifically approving the standard.
        Sec. 512.  None <<NOTE: Contracts.>>  of the funds made available in
    this Act may be obligated or expended to enter into or renew a contract
    with an entity if--
                (1) such entity is otherwise a contractor with the United
            States and is subject to the requirement in 38 U.S.C. 4212(d)
            regarding submission of an annual report to the Secretary of
            Labor concerning employment of certain veterans; and
                (2) such <<NOTE: Reports.>>  entity has not submitted a
            report as required by that section for the most recent year for
            which such requirement was applicable to such entity.

        Sec. 513. None of the funds made available in this Act may be
    transferred to any department, agency, or instrumentality of the United
    States Government, except pursuant to a transfer made by, or transfer
    authority provided in, this Act or any other appropriation Act.
        Sec. 514. None of the funds made available by this Act to carry out
    the Library Services and Technology Act may be made available to any
    library covered by paragraph (1) of section 224(f) of such Act, as
    amended by the Children's Internet Protection Act, unless such library
    has made the certifications required by paragraph (4) of such section.
        Sec. 515. None of the funds made available by this Act to carry out
    part D of title II of the Elementary and Secondary Education Act of 1965
    may be made available to any elementary or secondary school covered by
    paragraph (1) of section 2441(a) of such Act, as amended by the
    Children's Internet Protection Act and the No Child Left Behind Act,
    unless the local educational agency with responsibility for such covered
    school has made the certifications required by paragraph (2) of such
    section.
        Sec. 516. <<NOTE: Notifications. Deadlines.>>  (a) None of the funds
    provided under this Act, or provided under previous appropriations Acts
    to the agencies funded by this Act that remain available for obligation
    or expenditure in fiscal year 2009, or provided from any accounts in the
    Treasury of the United States derived by the collection of fees
    available to the agencies funded by this Act, shall be available for
    obligation or expenditure through a reprogramming of funds that--
                (1) creates new programs;
                (2) eliminates a program, project, or activity;
                (3) increases funds or personnel by any means for any
            project or activity for which funds have been denied or
            restricted;
                (4) relocates an office or employees;
                (5) reorganizes or renames offices;
                (6) reorganizes programs or activities; or
                (7) contracts out or privatizes any functions or activities
            presently performed by Federal employees;

    unless the Committees on Appropriations of the House of Representatives
    and the Senate are notified 15 days in advance of such reprogramming or
    of an announcement of intent relating to such reprogramming, whichever
    occurs earlier.

    [[Page 123 STAT. 805]]

        (b) None of the funds provided under this Act, or provided under
    previous appropriations Acts to the agencies funded by this Act that
    remain available for obligation or expenditure in fiscal year 2009, or
    provided from any accounts in the Treasury of the United States derived
    by the collection of fees available to the agencies funded by this Act,
    shall be available for obligation or expenditure through a reprogramming
    of funds in excess of $500,000 or 10 percent, whichever is less, that--
                (1) augments existing programs, projects (including
            construction projects), or activities;
                (2) reduces by 10 percent funding for any existing program,
            project, or activity, or numbers of personnel by 10 percent as
            approved by Congress; or
                (3) results from any general savings from a reduction in
            personnel which would result in a change in existing programs,
            activities, or projects as approved by Congress;

    unless the Committees on Appropriations of the House of Representatives
    and the Senate are notified 15 days in advance of such reprogramming or
    of an announcement of intent relating to such reprogramming, whichever
    occurs earlier.
        Sec. 517. (a) <<NOTE: Political disclosures.>>  None of the funds
    made available in this Act may be used to request that a candidate for
    appointment to a Federal scientific advisory committee disclose the
    political affiliation or voting history of the candidate or the position
    that the candidate holds with respect to political issues not directly
    related to and necessary for the work of the committee involved.

        (b) None <<NOTE: Scientific information.>>  of the funds made
    available in this Act may be used to disseminate scientific information
    that is deliberately false or misleading.

        Sec. 518.  Within <<NOTE: Deadline. Operating plan.>>  45 days of
    enactment of this Act, each department and related agency funded through
    this Act shall submit an operating plan that details at the program,
    project, and activity level any funding allocations for fiscal year 2009
    that are different than those specified in this Act, the accompanying
    detailed table in the explanatory statement described in section 4 (in
    the matter preceding division A of this consolidated Act), or the fiscal
    year 2009 budget request.

        Sec. 519.  None <<NOTE: Aliens.>>  of the funds in this Act may be
    used to employ workers described in section 274A(h)(3) of the
    Immigration and Nationality Act.

        Sec. 520.  The <<NOTE: Reports.>>  Secretaries of Labor, Health and
    Human Services, and Education shall each prepare and submit to the
    Committees on Appropriations of the House of Representatives and the
    Senate a report on the number and amount of contracts, grants, and
    cooperative agreements exceeding $100,000 in value and awarded by the
    Department on a non-competitive basis during each quarter of fiscal year
    2009, but not to include grants awarded on a formula basis or directed
    by law. Such report shall include the name of the contractor or grantee,
    the amount of funding, the governmental purpose, including a
    justification for issuing the award on a non-competitive
    basis. <<NOTE: Deadline.>>  Such report shall be transmitted to the
    Committees within 30 days after the end of the quarter for which the
    report is submitted.

        Sec. 521. <<NOTE: Contracts. Certification.>>  None of the funds
    appropriated or otherwise made available by this Act may be used to
    enter into a contract in an amount greater than $5,000,000 or to award a
    grant in excess of such amount unless the prospective contractor or
    grantee certifies

    [[Page 123 STAT. 806]]

    in writing to the agency awarding the contract or grant that, to the
    best of its knowledge and belief, the contractor or grantee has filed
    all Federal tax returns required during the three years preceding the
    certification, has not been convicted of a criminal offense under the
    Internal Revenue Code of 1986, and has not, more than 90 days prior to
    certification, been notified of any unpaid Federal tax assessment for
    which the liability remains unsatisfied, unless the assessment is the
    subject of an installment agreement or offer in compromise that has been
    approved by the Internal Revenue Service and is not in default, or the
    assessment is the subject of a non-frivolous administrative or judicial
    proceeding.

        Sec. 522.  None of the funds appropriated in this Act shall be
    expended or obligated by the Commissioner of Social Security, for
    purposes of administering Social Security benefit payments under title
    II of the Social Security Act, to process any claim for credit for a
    quarter of coverage based on work performed under a social security
    account number that is not the claimant's number and the performance of
    such work under such number has formed the basis for a conviction of the
    claimant of a violation of section 208(a)(6) or (7) of the Social
    Security Act.
        Sec. 523. (a) Section 14002(a)(2)(A)(i) of division A of the
    American Recovery and Reinvestment Act of 2009 (Public Law 111-5)
    is <<NOTE: Ante, p. 280.>>  amended, in the matter preceding subclause
    (I), by inserting ``education'' after ``secondary''.

        (b) Section 14002(b)(1) of such division is amended by striking
    ``14001'' and inserting ``14001(d)''.
        (c) Section 14003(a) of such division <<NOTE: Ante, p. 281.>>  is
    amended by striking ``the Adult and Family Literacy Act (20 U.S.C. 1400
    et seq.)'' and inserting ``the Adult Education and Family Literacy Act
    (20 U.S.C. 9201 et seq.)''.

        (d) Section 14005(a) of such division <<NOTE: Ante, p. 282.>>  is
    amended by striking ``14001'' and inserting ``14001(d)''.

        (e) Section 14005(d)(4)(C) of such division <<NOTE: Ante, p. 283.>>
    is amended by striking ``6401(e)(1)(9)(A)(ii)'' and inserting
    ``6401(e)(1)(A)(ii)''.

        (f) Section 14005(d)(5) of such division is amended--
                (1) by striking ``1116(a)(7)(C)(iv)'' and inserting
            ``1116(b)(7)(C)(iv)''; and
                (2) by striking ``1116(a)(8)(B)'' and inserting
            ``1116(b)(8)(B)''.

        (g) Section 14011 of such division <<NOTE: Ante, p. 285.>>  is
    amended by inserting before the period at the end the following: ``,
    unless such funds are used to provide special education and related
    services to children with disabilities, as authorized by the Individuals
    with Disabilities Education Act (20 U.S.C. 1400 et seq.)''.

        (h) Section 14012(c) of such division <<NOTE: Ante, p. 286.>>  is
    amended to read as follows:

        ``(c) Criteria.--The Secretary shall not grant a waiver or
    modification under this section unless the Secretary determines that the
    State receiving such waiver or modification will not provide for
    elementary, secondary, and public higher education, for the fiscal year
    under consideration, a smaller percentage of the total revenues
    available to the State than the percentage provided for such purpose in
    the preceding fiscal year.''.

    [[Page 123 STAT. 807]]

    TITLE VI <<NOTE: 8 USC 1101 note.>>

     AFGHAN ALLIES PROTECTION ACT OF 2009 <<NOTE: Afghan Allies Protection
    Act of 2009.>>

    SEC. 601. SHORT TITLE.

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

    SEC. 602. PROTECTION FOR AFGHAN ALLIES.

        (a) Appropriate Committees of Congress Defined.--In this section,
    the term ``appropriate committees of Congress'' means--
                (1) the Committee on Armed Services, the Committee on
            Foreign Relations, and the Committee on the Judiciary of the
            Senate; and
                (2) the Committee on Armed Services, the Committee on
            Foreign Affairs, and the Committee on the Judiciary of the House
            of Representatives.

        (b) Special Immigrant Status for Certain Afghans.--
                (1) In general.--Subject to paragraph (3), the Secretary of
            Homeland Security, or, notwithstanding any other provision of
            law, the Secretary of State in consultation with the Secretary
            of Homeland Security, may provide an alien described in
            subparagraph (A), (B), or (C) of paragraph (2) with the status
            of a special immigrant under section 101(a)(27) of the
            Immigration and Nationality Act (8 U.S.C. 1101(a)(27)), if the
            alien--
                        (A) or an agent acting on behalf of the alien,
                    submits a petition for classification under section
                    203(b)(4) of such Act (8 U.S.C. 1153(b)(4));
                        (B) is otherwise eligible to receive an immigrant
                    visa;
                        (C) is otherwise admissible to the United States for
                    permanent residence (excluding the grounds for
                    inadmissibility specified in section 212(a)(4) of such
                    Act (8 U.S.C. 1182(a)(4)); and
                        (D) clears a background check and appropriate
                    screening, as determined by the Secretary of Homeland
                    Security.
                (2) Aliens described.--
                        (A) Principal aliens.--An alien is described in this
                    subparagraph if the alien--
                              (i) is a citizen or national of Afghanistan;
                              (ii) was or is employed by or on behalf of the
                          United States Government in Afghanistan on or
                          after October 7, 2001, for not less than one year;
                              (iii) provided faithful and valuable service
                          to the United States Government, which is
                          documented in a positive recommendation or
                          evaluation, subject to subparagraph (D), from the
                          employee's senior supervisor or the person
                          currently occupying that position, or a more
                          senior person, if the employee's senior supervisor
                          has left the employer or has left Afghanistan; and
                              (iv) has experienced or is experiencing an
                          ongoing serious threat as a consequence of the
                          alien's employment by the United States
                          Government.
                        (B) Spouse or child.--An alien is described in this
                    subparagraph if the alien--

    [[Page 123 STAT. 808]]

                              (i) is the spouse or child of a principal
                          alien described in subparagraph (A); and
                              (ii) is accompanying or following to join the
                          principal alien in the United States.
                        (C) Surviving spouse or child.--An alien is
                    described in this subparagraph if the alien--
                              (i) was the spouse or child of a principal
                          alien described in subparagraph (A) who had a
                          petition for classification approved pursuant to
                          this section or section 1059 of the National
                          Defense Authorization Act for Fiscal Year 2006
                          (Public Law 109-163; 8 U.S.C. 1101 note) which
                          included the alien as an accompanying spouse or
                          child; and
                              (ii) due to the death of the principal alien--
                                        (I) such petition was revoked or
                                    terminated (or otherwise rendered null);
                                    and
                                        (II) such petition would have been
                                    approved if the principal alien had
                                    survived.
                        (D) Approval by chief of mission required.--
                    A <<NOTE: Risk assessment. Records.>>  recommendation or
                    evaluation required under subparagraph (A)(iii) shall be
                    accompanied by approval from the appropriate Chief of
                    Mission, or the designee of the appropriate Chief of
                    Mission, who shall conduct a risk assessment of the
                    alien and an independent review of records maintained by
                    the United States Government or hiring organization or
                    entity to confirm employment and faithful and valuable
                    service to the United States Government prior to
                    approval of a petition under this section.
                (3) Numerical limitations.--
                        (A) In general.--Except as provided in subparagraph
                    (C), the total number of principal aliens who may be
                    provided special immigrant status under this section may
                    not exceed 1,500 per year for each of the fiscal years
                    2009, 2010, 2011, 2012, and 2013.
                        (B) Exclusion from numerical limitations.--Aliens
                    provided special immigrant status under this subsection
                    shall not be counted against any numerical limitation
                    under sections 201(d), 202(a), or 203(b)(4) of the
                    Immigration and Nationality Act (8 U.S.C. 1151(d),
                    1152(a), and 1153(b)(4)).
                        (C) Carry forward.--
                              (i) Fiscal years 2009 through 2013.--If the
                          numerical limitation specified in subparagraph (A)
                          is not reached during a given fiscal year, with
                          respect to fiscal year 2009, 2010, 2011, 2012, or
                          2013, the numerical limitation specified in such
                          subparagraph for the following fiscal year shall
                          be increased by a number equal to the difference
                          between--
                                        (I) the numerical limitation
                                    specified in subparagraph (A) for the
                                    given fiscal year; and
                                        (II) the number of principal aliens
                                    provided special immigrant status under
                                    this section during the given fiscal
                                    year.
                              (ii) Fiscal year 2014.--If the numerical
                          limitation determined under clause (i) is not
                          reached in fiscal year 2013, the total number of
                          principal aliens who may be provided special
                          immigrant status under this

    [[Page 123 STAT. 809]]

                          subsection for fiscal year 2014 shall be equal to
                          the difference between--
                                        (I) the numerical limitation
                                    determined under clause (i) for fiscal
                                    year 2013; and
                                        (II) the number of principal aliens
                                    provided such status under this section
                                    during fiscal year 2013.
                (4) Prohibition on fees.--The Secretary of Homeland Security
            or the Secretary of State may not charge an alien described in
            subparagraph (A), (B), or (C) of paragraph (2) any fee in
            connection with an application for, or issuance of, a special
            immigrant visa under this section.
                (5) Assistance with passport issuance.--The Secretary of
            State shall make a reasonable effort to ensure that an alien
            described in subparagraph (A), (B), or (C) of paragraph (2) who
            is issued a special immigrant visa pursuant to this subsection
            is provided with the appropriate series Afghan passport
            necessary to enter the United States.
                (6) Protection of aliens.--The Secretary of State, in
            consultation with the heads of other appropriate Federal
            agencies, shall make a reasonable effort to provide an alien
            described in subparagraph (A), (B), or (C) of paragraph (2) who
            is seeking special immigrant status under this subsection
            protection or to immediately remove such alien from Afghanistan,
            if possible, if the Secretary determines, after consultation,
            that such alien is in imminent danger.
                (7) Other eligibility for immigrant status.--No alien shall
            be denied the opportunity to apply for admission under this
            subsection solely because such alien qualifies as an immediate
            relative or is eligible for any other immigrant classification.
                (8) Resettlement support.--A citizen or national of
            Afghanistan who is granted special immigrant status described in
            section 101(a)(27) of the Immigration and Nationality Act (8
            U.S.C. 1101(a)(27)) shall be eligible for resettlement
            assistance, entitlement programs, and other benefits available
            to refugees admitted under section 207 of such Act (8 U.S.C.
            1157) for a period not to exceed 8 months.
                (9) Adjustment of status.--Notwithstanding paragraph (2),
            (7), or (8) of subsection (c) of section 245 of the Immigration
            and Nationality Act (8 U.S.C. 1255), the Secretary of Homeland
            Security may adjust the status of an alien described in
            subparagraph (A), (B), or (C) of paragraph (2) of this
            subsection or in section 1244(b) of the Refugee Crisis in Iraq
            Act of 2007 (Public Law 110-181; 122 Stat. 397) to that of an
            alien lawfully admitted for permanent residence under subsection
            (a) of such section 245 if the alien--
                        (A) was paroled or admitted as a nonimmigrant into
                    the United States; and
                        (B) is otherwise eligible for special immigrant
                    status under--
                              (i)(I) this subsection; or
                              (II) such section 1244(b); and
                              (ii) the Immigration and Nationality Act (8
                          U.S.C. 1101 et seq.).
                (10) Report on implementation and authority to carry out
            administrative measures.--

    [[Page 123 STAT. 810]]

                        (A) Requirement for report.--Not later than one year
                    after the date of the enactment of this Act, the
                    Secretary of Homeland Security and the Secretary of
                    State, in consultation with the Secretary of Defense,
                    shall submit to the appropriate committees of Congress a
                    report on the implementation of this subsection.
                        (B) Content of report.--The report required by
                    subparagraph (A) shall describe actions taken, and
                    additional administrative measures that may be needed,
                    to ensure the integrity of the program established under
                    this subsection and the national security interests of
                    the United States related to such program.
                        (C) Authority to carry out administrative
                    measures.--The Secretary of Homeland Security and the
                    Secretary of State shall implement any additional
                    administrative measures described in subparagraph (B) as
                    they may deem necessary and appropriate to ensure the
                    integrity of the program established under this
                    subsection and the national security interests of the
                    United States related to such program.
                (11) Annual report on use of special immigrant status.--
                        (A) Requirement.--Not later than 120 days after the
                    date of the enactment of this Act, and annually
                    thereafter, the Secretary of Homeland Security shall
                    submit to the appropriate committees of Congress a
                    report on the number of citizens or nationals of
                    Afghanistan or Iraq who have applied for status as
                    special immigrants under this subsection or section 1244
                    of the Refugee Crisis in Iraq Act of 2007 (Public Law
                    110-181; 122 Stat. 396).
                        (B) Content.--Each report required by subparagraph
                    (A) submitted in a fiscal year shall include the
                    following information for the previous fiscal year:
                              (i) The number of citizens or nationals of
                          Afghanistan or Iraq who submitted an application
                          for status as a special immigrant pursuant to this
                          section or section 1244 of the Refugee Crisis in
                          Iraq Act of 2007 (Public Law 110-181; 122 Stat.
                          396), disaggregated--
                                        (I) by the number of principal
                                    aliens applying for such status; and
                                        (II) by the number of spouses and
                                    children of principal aliens applying
                                    for such status.
                              (ii) The number of applications referred to in
                          clause (i) that--
                                        (I) were approved; or
                                        (II) were denied, including a
                                    description of the basis for each
                                    denial.

        (c) Information Regarding Citizens or Nationals of Afghanistan
    Employed by the United States or Federal Contractors in Afghanistan.--
                (1) Requirement to compile information.--
                        (A) In general.--Not <<NOTE: Deadline. Records.>>
                    later than 120 days after the date of the enactment of
                    this Act, the Administrator of the United States Agency
                    for International Development, the Secretary of Defense,
                    the Secretary of Homeland Security, the Secretary of
                    State, and the Secretary of the Treasury shall--

    [[Page 123 STAT. 811]]

                              (i) review internal records and databases of
                          their respective agencies for information that can
                          be used to verify employment of citizens or
                          nationals of Afghanistan by the United States
                          Government; and
                              (ii) request from each prime contractor or
                          grantee that has performed work in Afghanistan
                          since October 7, 2001, under a contract, grant, or
                          cooperative agreement with their respective
                          agencies that is valued in excess of $25,000,
                          information that may be used to verify the
                          employment of such citizens or nationals by such
                          contractor or grantee.
                        (B) Information required.--To the extent data is
                    available, the information referred to in subparagraph
                    (A) shall include the name and dates of employment of,
                    biometric data for, and other data that can be used to
                    verify the employment of each citizen or national of
                    Afghanistan who has performed work in Afghanistan since
                    October 7, 2001, under a contract, grant, or cooperative
                    agreement with an executive agency.
                (2) Report on establishment of database.--Not later than 120
            days after the date of the enactment of this Act, the Secretary
            of Defense, in consultation with the Administrator of the United
            States Agency for International Development, the Secretary of
            Homeland Security, the Secretary of State, and the Secretary of
            the Treasury, shall submit to the appropriate committees of
            Congress a report examining the options for establishing a
            unified and classified database of information related to
            contracts, grants, or cooperative agreements entered into by
            executive agencies for the performance of work in Afghanistan
            since October 7, 2001, including the information described and
            collected under paragraph (1), to be used by relevant Federal
            departments and agencies to adjudicate refugee, asylum, special
            immigrant visa, and other immigration claims and applications.
                (3) Report on noncompliance.--Not later than 180 days after
            the date of the enactment of this Act, the President shall
            submit to the appropriate committees of Congress a report that
            describes--
                        (A) the inability or unwillingness of any contractor
                    or grantee to provide the information requested under
                    paragraph (1)(A)(ii); and
                        (B) the reasons that such contractor or grantee
                    provided for failing to provide such information.
                (4) Executive agency defined.--In this subsection, the term
            ``executive agency'' has the meaning given that term in section
            4 of the Office of Federal Procurement Policy Act (41 U.S.C.
            403).

        (d) Rule of Construction.--Nothing in this section may be construed
    to affect the authority of the Secretary of Homeland Security under
    section 1059 of the National Defense Authorization Act for Fiscal Year
    2006 (Public Law 109-163; 8 U.S.C. 1101 note).
        This division may be cited as the ``Departments of Labor, Health and
    Human Services, and Education, and Related Agencies Appropriations Act,
    2009''.

    [[Page 123 STAT. 812]]

     DIVISION G--LEGISLATIVE <<NOTE: Legislative Branch Appropriations Act,
    2009.>>  BRANCH APPROPRIATIONS ACT, 2009

    TITLE I <<NOTE: 2 USC 60a note.>>

                               LEGISLATIVE BRANCH

                                     SENATE

                               Expense Allowances

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

         Representation Allowances for the Majority and Minority Leaders

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

                        Salaries, Officers and Employees

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

                          office of the vice president

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

                       office of the president pro tempore

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

                  office of the president pro tempore emeritus

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

                  offices of the majority and minority leaders

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

                   offices of the majority and minority whips

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

                           committee on appropriations

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

    [[Page 123 STAT. 813]]

                              conference committees

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

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

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

                                policy committees

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

                             office of the chaplain

        For Office of the Chaplain, $397,000.

                             office of the secretary

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

                  office of the sergeant at arms and doorkeeper

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

            offices of the secretaries for the majority and minority

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

                    agency contributions and related expenses

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

                 Office of the Legislative Counsel of the Senate

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

                         Office of Senate Legal Counsel

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

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

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

    [[Page 123 STAT. 814]]

                        Contingent Expenses of the Senate

                          inquiries and investigations

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

     expenses of the united states senate caucus on international narcotics
                                     control

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

                             secretary of the senate

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

                  sergeant at arms and doorkeeper of the senate

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

                               miscellaneous items

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

             senators' official personnel and office expense account

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

                               Official Mail Costs

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

                            Administrative Provisions

        Sec. 1. <<NOTE: 2 USC 61-1, 61-1 note. Effective date.>>  Gross Rate
    of Compensation in Offices of Senators.   Effective on and after October
    1, 2008, each of the dollar amounts contained in the table under section
    105(d)(1)(A) of the Legislative Branch Appropriations Act, 1968 (2
    U.S.C. 61-1(d)(1)(A)) shall be deemed to be the dollar amounts in that
    table, as adjusted by law and in effect on September 30, 2008, increased
    by an additional $50,000 each.

        Sec. 2. <<NOTE: 2 USC 61h-6.>>  Consultants. (a) In General.--

    [[Page 123 STAT. 815]]

                (1) The first sentence of section 101(a) of the Supplemental
            Appropriations Act, 1977 (2 U.S.C. 61h-6(a)) is amended by
            striking ``eight individual consultants'' and inserting ``nine
            individual consultants''.
                (2) The second sentence of section 101(a) of the
            Supplemental Appropriations Act, 1977 (2 U.S.C. 61h-6(a)) is
            amended by striking ``two individual consultants'' and inserting
            ``three individual consultants''.

        (b) Effective Date.--This <<NOTE: 2 USC 61h-6 note.>>  section shall
    take effect on the date of enactment of this Act and shall apply to
    fiscal year 2009 and each fiscal year thereafter.

                            HOUSE OF REPRESENTATIVES

                              Salaries and Expenses

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

                            house leadership offices

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

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

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

                               Committee Employees

                     Standing Committees, Special and Select

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

    [[Page 123 STAT. 816]]

                           Committee on Appropriations

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

                        Salaries, Officers and Employees

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

                             Allowances and Expenses

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

    [[Page 123 STAT. 817]]

    miscellaneous items including purchase, exchange, maintenance, repair
    and operation of House motor vehicles, interparliamentary receptions,
    and gratuities to heirs of deceased employees of the House, $742,000.

                                Child Care Center

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

                            Administrative Provisions

        Sec. 101. (a) Requiring Amounts Remaining in Members'
    Representational Allowances To Be Used for Deficit Reduction or To
    Reduce the Federal Debt.--Notwithstanding any other provision of law,
    any amounts appropriated under this Act for ``HOUSE OF REPRESENTATIVES--
    Salaries and Expenses--Members' Representational Allowances'' shall be
    available only for fiscal year 2009. Any amount remaining after all
    payments are made under such allowances for fiscal year 2009 shall be
    deposited in the Treasury and used for deficit reduction (or, if there
    is no Federal budget deficit after all such payments have been made, for
    reducing the Federal debt, in such manner as the Secretary of the
    Treasury considers appropriate).
        (b) Regulations.--The Committee on House Administration of the House
    of Representatives shall have authority to prescribe regulations to
    carry out this section.
        (c) Definition.--As used in this section, the term ``Member of the
    House of Representatives'' means a Representative in, or a Delegate or
    Resident Commissioner to, the Congress.
        Sec. 102. (a) The Chief Administrative Officer of the House of
    Representatives shall deposit all amounts received as promotional
    rebates and incentives on credit card purchases, balances, and payments
    into the House Services Revolving Fund under section 105 of the
    Legislative Branch Appropriations Act, 2005.
        (b) Section 105(a) of the Legislative Branch Appropriations Act,
    2005 (2 U.S.C. 117m(a)) is amended by adding at the end the following
    new paragraph:
                ``(6) The collection of promotional rebates and incentives
            on credit card purchases, balances, and payments.''.

        (c) The <<NOTE: Applicability. 2 USC 117m note.>>  amendments made
    by this section shall apply with respect to fiscal year 2009 and each
    succeeding fiscal year.

        Sec. 103. (a) Section 101 of the Legislative Branch Appropriations
    Act, 1993 (2 U.S.C. 95b) is amended by adding at the end the following
    new subsection:
        ``(d) Amounts appropriated for any fiscal year for the House of
    Representatives under the heading `Allowances and Expenses' may be
    transferred to the Architect of the Capitol and made available under the
    heading `House Office Buildings', subject to the approval of the
    Committee on Appropriations of the House of Representatives.''.
        (b) The <<NOTE: Applicability. 2 USC 95b note.>>  amendment made by
    subsection (a) shall apply with respect to fiscal year 2009 and each
    succeeding fiscal year.

    [[Page 123 STAT. 818]]

        Sec. 104. (a) <<NOTE: Effective dates. 2 USC 74a-10a.>>  Effective
    with respect to fiscal year 2008 and each succeeding fiscal year, the
    aggregate amount otherwise authorized to be appropriated for a fiscal
    year for the lump-sum allowance for each of the following offices is
    increased as follows:
                (1) The allowance for the office of the Majority Floor
            Leader is increased by $200,000.
                (2) The allowance for the office of the Minority Floor
            Leader is increased by $200,000.

        (b) Effective <<NOTE: Effective dates.>>  with respect to fiscal
    year 2009 and each succeeding fiscal year, the aggregate amount
    otherwise authorized to be appropriated for a fiscal year for the lump-
    sum allowance for each of the following offices is increased as follows:
                (1) The allowance for the office of the Majority Whip is
            increased by $72,000.
                (2) The allowance for the office of the Minority Whip is
            increased by $72,000.

        Sec. 105. (a) Section 101 of the Legislative Branch Appropriations
    Act, 1993 (2 U.S.C. 95b) is amended by striking ``transferred among''
    each place it appears in subsections (a), (b), and (c)(1) and inserting
    ``transferred among and merged with''.
        (b) Section 101(c)(2) of such Act (2 U.S.C. 95b(c)) is amended to
    read as follows:
        ``(2) The headings referred to in paragraph (1) are `House
    Leadership Offices', `Members' Representational Allowances', `Committee
    Employees', `Salaries, Officers and Employees', and `Allowances and
    Expenses'.''.
        (c) The <<NOTE: Applicability. 2 USC 95b note.>>  amendments made by
    this section shall apply with respect to fiscal year 2009 and each
    succeeding fiscal year.

        Sec. 106. Permitting House Child Care Center To Offer Services for
    School-Age Children.--Section 312(a)(1) of the Legislative Branch
    Appropriations Act, 1992 (2 U.S.C. 2062(a)(1)) is amended by striking
    ``pre-school child care'' and inserting the following: ``pre-school
    child care and (subject to the approval of regulations by the Committee
    on House Administration) child care for school age children other than
    during the course of the ordinary school day''.

                                   JOINT ITEMS

        For Joint Committees, as follows:

                            Joint Economic Committee

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

                           Joint Committee on Taxation

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

                        Office of the Attending Physician

        For medical supplies, equipment, and contingent expenses of the
    emergency rooms, and for the Attending Physician and his assistants,
    including: (1) an allowance of $2,175 per month to the

    [[Page 123 STAT. 819]]

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

                 Office of Congressional Accessibility Services

                              Salaries and Expenses

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

                CAPITOL GUIDE SERVICE AND SPECIAL SERVICES OFFICE

                              salaries and expenses

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

                          Statements of Appropriations

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

                                 CAPITOL POLICE

                                    Salaries

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

                                General Expenses

        For necessary expenses of the Capitol Police, including motor
    vehicles, communications and other equipment, security equipment and
    installation, uniforms, weapons, supplies, materials, training, medical
    services, forensic services, stenographic services, personal and
    professional services, the employee assistance program, the awards
    program, postage, communication services, travel advances,

    [[Page 123 STAT. 820]]

    relocation of instructor and liaison personnel for the Federal Law
    Enforcement Training Center, and not more than $5,000 to be expended on
    the certification of the Chief of the Capitol Police in connection with
    official representation and reception expenses, $57,750,000, to be
    disbursed by the Chief of the Capitol Police or his designee: Provided,
    That, notwithstanding any other provision of law, the cost of basic
    training for the Capitol Police at the Federal Law Enforcement Training
    Center for fiscal year 2009 shall be paid by the Secretary of Homeland
    Security from funds available to the Department of Homeland Security.

                            Administrative Provision

                          (including transfer of funds)

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

                              OFFICE OF COMPLIANCE

                              Salaries and Expenses

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

                           CONGRESSIONAL BUDGET OFFICE

                              Salaries and Expenses

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

                            ARCHITECT OF THE CAPITOL

                             General Administration

        For salaries for the Architect of the Capitol, and other personal
    services, at rates of pay provided by law; for surveys and studies in
    connection with activities under the care of the Architect of the
    Capitol; for all necessary expenses for the general and administrative
    support of the operations under the Architect of the Capitol including
    the Botanic Garden; electrical substations of the Capitol, Senate and
    House office buildings, and other facilities under the jurisdiction of
    the Architect of the Capitol; including furnishings

    [[Page 123 STAT. 821]]

    and office equipment; including not more than $5,000 for official
    reception and representation expenses, to be expended as the Architect
    of the Capitol may approve; for purchase or exchange, maintenance, and
    operation of a passenger motor vehicle, $90,659,000, of which $1,505,000
    shall remain available until September 30, 2013.

                                Capitol Building

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

                                 Capitol Grounds

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

                             Senate Office Buildings

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

                             House Office Buildings

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

                               Capitol Power Plant

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

                          Library Buildings and Grounds

        For all necessary expenses for the mechanical and structural
    maintenance, care and operation of the Library buildings and

    [[Page 123 STAT. 822]]

    grounds, $39,094,000, of which $13,640,000 shall remain available until
    September 30, 2013.

                 Capitol Police Buildings, Grounds and Security

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

                                 Botanic Garden

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

                             Capitol Visitor Center

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

                            Administrative Provisions

        Sec. 1101. <<NOTE: 2 USC 1811 note.>>  (a) Collection and Sale of
    Recyclable Materials.--
                (1) Establishment of program.--The Architect of the Capitol
            shall establish a program for the collection and sale of
            recyclable materials collected from or on the Capitol buildings
            and grounds, in accordance with the procedures applicable under
            subchapter III of chapter 5 of subtitle I of title 40, United
            States Code to the sale of surplus property by an executive
            agency.
                (2) Exclusion of materials subject to other programs.--The
            program established under this section shall not apply with
            respect to any materials which are subject to collection and
            sale under--
                        (A) the third undesignated paragraph under the
                    center heading ``MISCELLANEOUS'' in the first section of
                    the Act entitled ``An Act making appropriations for
                    sundry civil expenses of the government for the fiscal
                    year ending June thirtieth, eighteen hundred and eighty-
                    three, and for other purposes'', approved August 7, 1882
                    (2 U.S.C. 117);

    [[Page 123 STAT. 823]]

                        (B) section 104(a) of the Legislative Branch
                    Appropriations Act, 1987 (as enacted by reference in
                    identical form by section 101(j) of Public Law 99-500
                    and Public Law 99-591) (2 U.S.C. 117e);
                        (C) the Senate waste recycling program referred to
                    in section 4 of the Legislative Branch Appropriations
                    Act, 2001 (2 U.S.C. 121f); or
                        (D) any other authorized program for the collection
                    and sale of recyclable materials.

        (b) Revolving Fund.--
                (1) In general.--There is established in the Treasury a
            revolving fund for the Office of the Architect of the Capitol,
            which shall consist of--
                        (A) proceeds from the sale of recyclable materials
                    under the program established under this section; and
                        (B) such amounts as may be appropriated under law.
                (2) Use of fund.--Amounts <<NOTE: Notice.>>  in the
            revolving fund established under paragraph (1) shall be
            available without fiscal year limitation to the Architect of the
            Capitol, subject to the Architect providing prior notice to the
            Committees on Appropriations of the House of Representatives and
            Senate--
                        (A) to carry out the program established under this
                    section;
                        (B) to carry out authorized programs and activities
                    of the Architect to improve the environment; and
                        (C) to carry out authorized programs and activities
                    of the Architect to promote energy savings.

        (c) Effective Date.--This section shall apply with respect to each
    of the fiscal years 2009 through 2013.
        Sec. 1102. <<NOTE: 2 USC 1823a.>>  (a) Permitting Leasing of
    Space.--Subject to the availability of funds, the Architect of the
    Capitol may acquire real property by lease for the use of the Library of
    Congress in any State or the District of Columbia if--
                (1) the <<NOTE: Property request.>>  Architect of the
            Capitol and the Librarian of Congress submit a joint request for
            the Architect to lease the property to the Joint Committee on
            the Library and to the Committees on Appropriations of the House
            of Representatives and Senate; and
                (2) the Joint Committee on the Library and the Committees on
            Appropriations of the House of Representatives and Senate each
            approve the request.

        (b) Transfer of Funds.--Subject to the approval of the Joint
    Committee on the Library and the Committees on Appropriations of the
    House of Representatives and the Senate, the Architect of the Capitol
    and the Librarian of Congress may transfer between themselves
    appropriations or other available funds to pay the costs incurred in
    acquiring real property pursuant to the authority of this section and
    the costs of necessary expenses incurred in connection with the
    acquisition of the property.
        (c) Limit on Obligations.--No obligation entered into pursuant to
    the authority of this section shall be in advance of, or in excess of,
    available appropriations.
        (d) Effective Date.--This section shall apply with respect to fiscal
    year 2009 and each succeeding fiscal year.

    [[Page 123 STAT. 824]]

                               LIBRARY OF CONGRESS

                              Salaries and Expenses

        For necessary expenses of the Library of Congress not otherwise
    provided for, including development and maintenance of the Library's
    catalogs; custody and custodial care of the Library buildings; special
    clothing; cleaning, laundering and repair of uniforms; preservation of
    motion pictures in the custody of the Library; operation and maintenance
    of the American Folklife Center in the Library; preparation and
    distribution of catalog records and other publications of the Library;
    hire or purchase of one passenger motor vehicle; and expenses of the
    Library of Congress Trust Fund Board not properly chargeable to the
    income of any trust fund held by the Board, $419,030,000, of which not
    more than $6,000,000 shall be derived from collections credited to this
    appropriation during fiscal year 2009, and shall remain available until
    expended, under the Act of June 28, 1902 (chapter 1301; 32 Stat. 480; 2
    U.S.C. 150) and not more than $350,000 shall be derived from collections
    during fiscal year 2009 and shall remain available until expended for
    the development and maintenance of an international legal information
    database and activities related thereto: Provided, That the Library of
    Congress may not obligate or expend any funds derived from collections
    under the Act of June 28, 1902, in excess of the amount authorized for
    obligation or expenditure in appropriations Acts: Provided further, That
    the total amount available for obligation shall be reduced by the amount
    by which collections are less than $6,350,000: Provided further, That of
    the total amount appropriated, $17,959,000 shall remain available until
    September 30, 2011 for the partial acquisition of books, periodicals,
    newspapers, and all other materials including subscriptions for
    bibliographic services for the Library, including $40,000 to be
    available solely for the purchase, when specifically approved by the
    Librarian, of special and unique materials for additions to the
    collections: Provided further, That of the total amount appropriated,
    not more than $12,000 may be expended, on the certification of the
    Librarian of Congress, in connection with official representation and
    reception expenses for the Overseas Field Offices: Provided further,
    That of the total amount appropriated, $7,170,000 shall remain available
    until expended for the digital collections and educational curricula
    program: Provided further, That of the total amount appropriated,
    $1,495,000 shall remain available until expended, and shall be
    transferred to the Abraham Lincoln Bicentennial Commission for carrying
    out the purposes of Public Law 106-173, of which $10,000 may be used for
    official representation and reception expenses of the Abraham Lincoln
    Bicentennial Commission: Provided further, That of the total amount
    appropriated, $560,000 shall be transferred to the Federal Library and
    Information Center's FEDLINK Program: <<NOTE: Grants.>>  Provided
    further, That of the total amount appropriated, $190,000 shall be used
    to provide a grant to the New York Historical Society for the
    digitization of its collection: <<NOTE: Grants.>>  Provided further,
    That of the total amount appropriated, $95,000 shall be used to provide
    a grant to the University of Florida for development of a library of
    original case studies.

    [[Page 123 STAT. 825]]

                                Copyright Office

                              salaries and expenses

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

                         Congressional Research Service

                              salaries and expenses

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

                 Books for the Blind and Physically Handicapped

                              salaries and expenses

        For salaries and expenses to carry out the Act of March 3, 1931
    (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $68,816,000, of which
    $30,155,000 shall remain available until expended: Provided, That of the
    total amount appropriated, $650,000 shall be

    [[Page 123 STAT. 826]]

    available to contract to provide newspapers to blind and physically
    handicapped residents at no cost to the individual.

                            Administrative Provisions

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

                           GOVERNMENT PRINTING OFFICE

                       Congressional Printing and Binding

                          (including transfer of funds)

        For authorized printing and binding for the Congress and the
    distribution of Congressional information in any format; printing and
    binding for the Architect of the Capitol; expenses necessary

    [[Page 123 STAT. 827]]

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

                      Office of Superintendent of Documents

                              salaries and expenses

                          (including transfer of funds)

        For expenses of the Office of Superintendent of Documents necessary
    to provide for the cataloging and indexing of Government publications
    and their distribution to the public, Members of Congress, other
    Government agencies, and designated depository and international
    exchange libraries as authorized by law, $38,744,000: Provided, That
    amounts of not more than $2,000,000 from current year appropriations are
    authorized for producing and disseminating Congressional serial sets and
    other related publications for fiscal years 2007 and 2008 to depository
    and other designated libraries: Provided further, That any unobligated
    or unexpended balances in this account or accounts for similar purposes
    for preceding fiscal years may be transferred to the Government Printing
    Office revolving fund for carrying out the purposes of this heading,
    subject to the approval of the Committees on Appropriations of the House
    of Representatives and Senate.

                    Government Printing Office Revolving Fund

        For payment to the Government Printing Office Revolving Fund,
    $4,995,000 for information technology development and facilities repair:
    Provided, That the Government Printing Office is hereby authorized to
    make such expenditures, within the limits of funds available and in
    accordance with law, and to make such contracts

    [[Page 123 STAT. 828]]

    and commitments without regard to fiscal year limitations as provided by
    section 9104 of title 31, United States Code, as may be necessary in
    carrying out the programs and purposes set forth in the budget for the
    current fiscal year for the Government Printing Office revolving fund:
    Provided further, That not more than $5,000 may be expended on the
    certification of the Public Printer in connection with official
    representation and reception expenses: Provided further, That the
    revolving fund shall be available for the hire or purchase of not more
    than 12 passenger motor vehicles: Provided further, That expenditures in
    connection with travel expenses of the advisory councils to the Public
    Printer shall be deemed necessary to carry out the provisions of title
    44, United States Code: Provided further, That the revolving fund shall
    be available for temporary or intermittent services under section
    3109(b) of title 5, United States Code, but at rates for individuals not
    more than the daily equivalent of the annual rate of basic pay for level
    V of the Executive Schedule under section 5316 of such title: Provided
    further, That activities financed through the revolving fund may provide
    information in any format: Provided further, That the revolving fund and
    the funds provided under the headings ``Office of Superintendent of
    Documents'' and ``Salaries and Expenses'' may not be used for contracted
    security services at GPO's passport facility in the District of
    Columbia.

                        GOVERNMENT ACCOUNTABILITY OFFICE

                              salaries and expenses

        For necessary <<NOTE: Regulations.>>  expenses of the Government
    Accountability Office, including not more than $12,500 to be expended on
    the certification of the Comptroller General of the United States in
    connection with official representation and reception expenses;
    temporary or intermittent services under section 3109(b) of title 5,
    United States Code, but at rates for individuals not more than the daily
    equivalent of the annual rate of basic pay for level IV of the Executive
    Schedule under section 5315 of such title; hire of one passenger motor
    vehicle; advance payments in foreign countries in accordance with
    section 3324 of title 31, United States Code; benefits comparable to
    those payable under sections 901(5), (6), and (8) of the Foreign Service
    Act of 1980 (22 U.S.C. 4081(5), (6), and (8)); and under regulations
    prescribed by the Comptroller General of the United States, rental of
    living quarters in foreign countries, $531,000,000: Provided, That not
    more than $5,375,000 of payments received under section 782 of title 31,
    United States Code, shall be available for use in fiscal year 2009:
    Provided further, That not more than $2,260,000 of reimbursements
    received under section 9105 of title 31, United States Code, shall be
    available for use in fiscal year 2009: Provided further, That this
    appropriation and appropriations for administrative expenses of any
    other department or agency which is a member of the National
    Intergovernmental Audit Forum or a Regional Intergovernmental Audit
    Forum shall be available to finance an appropriate share of either
    Forum's costs as determined by the respective Forum, including necessary
    travel expenses of non-Federal participants: Provided further, That
    payments hereunder to the Forum may be credited as reimbursements to any
    appropriation from which costs involved are initially financed.

    [[Page 123 STAT. 829]]

                            Administrative Provision

        Sec. 1301. Repeal and Modification of Certain Reporting
    Requirements. (a) Spectrum Relocation Fund Transfers.--Section
    118(e)(1)(B) of the National Telecommunications and Information
    Administration Organization Act (47 U.S.C. 928(e)(1)(B)) is amended--
                (1) in clause (ii) by adding ``and'' after the semicolon;
                (2) in clause (iii) by striking ``; and'' and inserting a
            period; and
                (3) by striking clause (iv).

        (b) Use of Funds in Projects Constructed Under Projected Cost.--
    Section 211(d) of the Public Works and Economic Development Act of 1965
    (42 U.S.C. 3151(d)) is amended by striking subsection (d) and inserting
    the following:
        ``(d) Review by Comptroller General.--The Comptroller General of the
    United States shall regularly review the implementation of this
    section.''.
        (c) GAO Study and Report on Impact of Safe Harbor on Medigap
    Policies.--Section 5201(b)(2) of title V of division J of the Omnibus
    Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public
    Law 105-277; 42 U.S.C. 1320a-7a note) is repealed.
        (d) GAO Report on Date Rape Drug Campaign.--Section 7(b)(3) of the
    Hillary J. Farias and Samantha Reid Date-Rape Drug Prohibition Act of
    2000 (Public Law 106-172; 21 U.S.C. 801 note) is repealed.
        (e) Inspector General Audit and GAO Report on Enrollees Eligible for
    Medicaid.--Section 2108(d) of the Social Security Act (42 U.S.C.
    1397hh(d)) is amended--
                (1) in the heading by striking ``and GAO Report''; and
                (2) by striking paragraph (3).

        (f) GAO Report on MA Regional Plan Stabilization Fund.--Section
    1858(e)(7) of the Social Security Act (42 U.S.C. 1395w-27a(e)(7)) is
    repealed.
        (g) Breast Implants; Study by Comptroller General.--Section 214 of
    the Medical Device User Fee and Modernization Act of 2002 (Public Law
    107-250; 42 U.S.C. 289g-3 note) is repealed.
        (h) Disposition of Rights.--Section 202(b) of title 35, United
    States Code is amended--
                (1) by striking paragraph (3); and
                (2) by redesignating paragraph (4) as paragraph (3).

                     OPEN WORLD LEADERSHIP CENTER TRUST FUND

        For a payment to the Open World Leadership Center Trust Fund for
    financing activities of the Open World Leadership Center under section
    313 of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1151),
    $13,900,000.

       JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT

        For payment to the John C. Stennis Center for Public Service
    Development Trust Fund established under section 116 of the John C.
    Stennis Center for Public Service Training and Development Act (2 U.S.C.
    1105), $430,000.

    [[Page 123 STAT. 830]]

                                    TITLE II

                               GENERAL PROVISIONS

        Sec. 201. Maintenance and Care of Private Vehicles. No part of the
    funds appropriated in this Act shall be used for the maintenance or care
    of private vehicles, except for emergency assistance and cleaning as may
    be provided under regulations relating to parking facilities for the
    House of Representatives issued by the Committee on House Administration
    and for the Senate issued by the Committee on Rules and Administration.
        Sec. 202. Fiscal Year Limitation. No part of the funds appropriated
    in this Act shall remain available for obligation beyond fiscal year
    2009 unless expressly so provided in this Act.
        Sec. 203. Rates of Compensation and Designation. Whenever in this
    Act any office or position not specifically established by the
    Legislative Pay Act of 1929 (46 Stat. 32 et seq.) is appropriated for or
    the rate of compensation or designation of any office or position
    appropriated for is different from that specifically established by such
    Act, the rate of compensation and the designation in this Act shall be
    the permanent law with respect thereto: Provided, That the provisions in
    this Act for the various items of official expenses of Members,
    officers, and committees of the Senate and House of Representatives, and
    clerk hire for Senators and Members of the House of Representatives
    shall be the permanent law with respect thereto.
        Sec. 204. <<NOTE: Contracts.>>  Consulting Services. The expenditure
    of any appropriation under this Act for any consulting service through
    procurement contract, under section 3109 of title 5, United States Code,
    shall be limited to those contracts where such expenditures are a matter
    of public record and available for public inspection, except where
    otherwise provided under existing law, or under existing Executive order
    issued under existing law.

        Sec. 205. Awards and Settlements. Such sums as may be necessary are
    appropriated to the account described in subsection (a) of section 415
    of the Congressional Accountability Act of 1995 (2 U.S.C. 1415(a)) to
    pay awards and settlements as authorized under such subsection.
        Sec. 206. Costs of LBFMC. Amounts available for administrative
    expenses of any legislative branch entity which participates in the
    Legislative Branch Financial Managers Council (LBFMC) established by
    charter on March 26, 1996, shall be available to finance an appropriate
    share of LBFMC costs as determined by the LBFMC, except that the total
    LBFMC costs to be shared among all participating legislative branch
    entities (in such allocations among the entities as the entities may
    determine) may not exceed $2,000.
        Sec. 207. Landscape Maintenance. The Architect of the Capitol, in
    consultation with the District of Columbia, is authorized to maintain
    and improve the landscape features, excluding streets in the irregular
    shaped grassy areas bounded by Washington Avenue SW on the northeast,
    Second Street SW on the west, Square 582 on the south, and the beginning
    of the I-395 tunnel on the southeast.
        Sec. 208. Limitation on Transfers. None of the funds made available
    in this Act may be transferred to any department, agency,

    [[Page 123 STAT. 831]]

    or instrumentality of the United States Government, except pursuant to a
    transfer made by, or transfer authority provided in, this Act or any
    other appropriation Act.
        Sec. 209. Guided Tours of the Capitol. (a) Except as provided in
    subsection (b), none of the funds made available to the Architect of the
    Capitol in this Act may be used to eliminate guided tours of the United
    States Capitol which are led by employees and interns of offices of
    Members of Congress and other offices of the House of Representatives
    and Senate.
        (b) At the direction of the Capitol Police Board, or at the
    direction of the Architect of the Capitol with the approval of the
    Capitol Police Board, guided tours of the United States Capitol which
    are led by employees and interns described in subsection (a) may be
    suspended temporarily or otherwise subject to restriction for security
    or related reasons to the same extent as guided tours of the United
    States Capitol which are led by the Architect of the Capitol.
        Sec. 210. Limitation on Certain Inspectors General Authority To Use
    Firearms. None of the funds made available in this Act may be used by
    the Inspector General of the Architect of the Capitol or the Inspector
    General of the Library of Congress to purchase, maintain, or carry any
    firearm.
        This division may be cited as the ``Legislative Branch
    Appropriations Act, 2009''.

    DIVISION H--DEPARTMENT <<NOTE: Department of State, Foreign Operations,
      and Related Programs Appropriations Act, 2009.>>  OF STATE, FOREIGN
    OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2009

                                     TITLE I

                     DEPARTMENT OF STATE AND RELATED AGENCY

                               DEPARTMENT OF STATE

                        Administration of Foreign Affairs

                        diplomatic and consular programs

                          (including transfer of funds)

        For necessary expenses of the Department of State and the Foreign
    Service not otherwise provided for, $5,360,318,000, of which
    $1,117,000,000 is for Worldwide Security Protection (to remain available
    until expended), to be allocated as follows:
                (1) Human resources.--For necessary expenses for training,
            human resources management, and salaries, including employment
            without regard to civil service and classification laws of
            persons on a temporary basis (not to exceed $700,000), as
            authorized by section 801 of the United States Information and
            Educational Exchange Act of 1948, $2,118,598,000 to remain
            available until September 30, 2010, of which not less than
            $130,637,000 shall be available only for public diplomacy
            American salaries.
                (2) Overseas programs.--For necessary expenses for the
            regional bureaus of the Department of State and overseas
            activities as authorized by law, $1,548,617,000, to remain
            available until September 30, 2010, of which not less than

    [[Page 123 STAT. 832]]

            $264,169,000 shall be available only for public diplomacy
            international information programs.
                (3) Diplomatic policy and support.--For necessary expenses
            for the functional bureaus of the Department of State including
            representation to certain international organizations in which
            the United States participates pursuant to treaties ratified
            pursuant to the advice and consent of the Senate or specific
            Acts of Congress, general administration, and arms control,
            nonproliferation and disarmament activities as authorized,
            $585,078,000, to remain available until September 30, 2010.
                (4) Security programs.--For necessary expenses for security
            activities, $1,108,025,000, to remain available until September
            30, 2010.
                (5) Fees and payments collected.--In addition to amounts
            otherwise made available under this heading--
                        (A) not to exceed $1,605,150 shall be derived from
                    fees collected from other executive agencies for lease
                    or use of facilities located at the International Center
                    in accordance with section 4 of the International Center
                    Act, and, in addition, as authorized by section 5 of
                    such Act, $490,000, to be derived from the reserve
                    authorized by that section, to be used for the purposes
                    set out in that section;
                        (B) as authorized by section 810 of the United
                    States Information and Educational Exchange Act, not to
                    exceed $6,000,000, to remain available until expended,
                    may be credited to this appropriation from fees or other
                    payments received from English teaching, library, motion
                    pictures, and publication programs and from fees from
                    educational advising and counseling and exchange visitor
                    programs; and
                        (C) not to exceed $15,000, which shall be derived
                    from reimbursements, surcharges and fees for use of
                    Blair House facilities.
                (6) Transfer and reprogramming.--
                        (A) Notwithstanding any provision of this Act, funds
                    may be reprogrammed within and between subsections under
                    this heading subject to section 7015 of this Act.
                        (B) Of the amount made available under this heading,
                    not to exceed $10,000,000 may be transferred to, and
                    merged with, funds made available by this Act under the
                    heading ``Emergencies in the Diplomatic and Consular
                    Service'', to be available only for emergency
                    evacuations and rewards, as authorized.
                        (C) Funds appropriated under this heading are
                    available for acquisition by exchange or purchase of
                    passenger motor vehicles as authorized by law and,
                    pursuant to 31 U.S.C. 1108(g), for the field examination
                    of programs and activities in the United States funded
                    from any account contained in this title.

    CIVILIAN STABILIZATION INITIATIVE <<NOTE: Establishment.>>

        For necessary expenses to establish, support, maintain, mobilize,
    and deploy a civilian response corps in coordination with the United
    States Agency for International Development, and for related
    reconstruction and stabilization assistance to prevent or

    [[Page 123 STAT. 833]]

    respond to conflict or civil strife in foreign countries or regions, or
    to enable transition from such strife, $45,000,000, to remain available
    until expended: Provided, That up to $23,014,000 may be made available
    in fiscal year 2009 to provide administrative expenses for the Office of
    the Coordinator for Reconstruction and
    Stabilization: <<NOTE: President. Transfer authority. Notification.>>
    Provided further, That notwithstanding any other provision of law and
    following consultation with the Committees on Appropriations, the
    President may exercise transfer authorities contained in the Foreign
    Assistance Act of 1961 for reconstruction and stabilization assistance
    managed by the Office of the Coordinator for Reconstruction and
    Stabilization, United States Department of State, only to support an
    actively deployed civilian response corps, subject to the regular
    notification procedures of the Committees on
    Appropriations: <<NOTE: Deadline. Spending plan.>>  Provided further,
    That not later than 60 days after enactment of this Act, the Secretary
    of State and the Administrator of the United States Agency for
    International Development shall submit a coordinated joint spending plan
    for funds made available under this heading and under the heading
    ``Civilian Stabilization Initiative'' in title II of this Act.

                             Capital Investment Fund

        For necessary expenses of the Capital Investment Fund, $71,000,000,
    to remain available until expended, as authorized: Provided, That
    section 135(e) of Public Law 103-236 shall not apply to funds available
    under this heading.

                           office of inspector general

        For necessary expenses of the Office of Inspector General,
    $37,000,000, notwithstanding section 209(a)(1) of the Foreign Service
    Act of 1980 (Public Law 96-465), as it relates to post inspections.

                   Educational and Cultural Exchange Programs

        For expenses of educational and cultural exchange programs, as
    authorized, $538,000,000, to remain available until expended: Provided,
    That not to exceed $5,000,000, to remain available until expended, may
    be credited to this appropriation from fees or other payments received
    from or in connection with English teaching, educational advising and
    counseling programs, and exchange visitor programs as authorized.

                            Representation Allowances

        For representation allowances as authorized, $8,175,000.

                  protection of foreign missions and officials

        For expenses, not otherwise provided, to enable the Secretary of
    State to provide for extraordinary protective services, as authorized,
    $22,814,000, to remain available until September 30, 2010.

                 Embassy Security, Construction, and Maintenance

        For necessary expenses for carrying out the Foreign Service
    Buildings Act of 1926 (22 U.S.C. 292-303), preserving, maintaining,
    repairing, and planning for buildings that are owned or directly leased
    by the Department of State, renovating, in addition to funds

    [[Page 123 STAT. 834]]

    otherwise available, the Harry S Truman Building, and carrying out the
    Diplomatic Security Construction Program as authorized, $801,344,000, to
    remain available until expended as authorized, of which not to exceed
    $25,000 may be used for domestic and overseas representation as
    authorized: Provided, That none of the funds appropriated in this
    paragraph shall be available for acquisition of furniture, furnishings,
    or generators for other departments and agencies.
        In addition, for the costs of worldwide security upgrades,
    acquisition, and construction as authorized, $770,000,000, to remain
    available until expended: <<NOTE: Plans.>>  Provided, That funds made
    available by this paragraph may not be obligated until a plan is
    submitted to the Committees on Appropriations with the proposed
    allocation of funds made available by this Act and by proceeds of sales
    for all projects in fiscal year 2009: <<NOTE: Consultation.>>  Provided
    further, That the Under Secretary for Management, United States
    Department of State, shall consult with the Committees on Appropriations
    on a regular and ongoing basis on the design of any proposed self-
    financed New Embassy Compound.

        In addition, for necessary expenses for overseas facility
    construction and related costs for the United States Agency for
    International Development, pursuant to section 667 of the Foreign
    Assistance Act of 1961, $135,225,000, to remain available until
    expended.

               emergencies in the diplomatic and consular service

                          (including transfer of funds)

        For necessary expenses to enable the Secretary of State to meet
    unforeseen emergencies arising in the Diplomatic and Consular Service,
    $9,000,000, to remain available until expended as authorized, of which
    not to exceed $1,000,000 may be transferred to, and merged with, funds
    appropriated by this Act under the heading ``Repatriation Loans Program
    Account'', subject to the same terms and conditions.

                        BUYING POWER MAINTENANCE ACCOUNT

        To offset adverse fluctuations in foreign currency exchange rates
    and/or overseas wage and price changes, as authorized by section 24(b)
    of the State Department Basic Authorities Act of 1956 (22 U.S.C.
    2696(b)), $5,000,000, to remain available until expended.

                       Repatriation Loans Program Account

                          (Including Transfer of Funds)

        For the cost of direct loans, $678,000, as authorized: Provided,
    That such costs, including the cost of modifying such loans, shall be as
    defined in section 502 of the Congressional Budget Act of 1974.
        In addition, for administrative expenses necessary to carry out the
    direct loan program, $675,000, which may be transferred to, and merged
    with, funds made available under the heading ``Diplomatic and Consular
    Programs''.

    [[Page 123 STAT. 835]]

                   Payment to the American Institute in Taiwan

        For necessary expenses to carry out the Taiwan Relations Act (Public
    Law 96-8), $16,840,000.

          Payment to the Foreign Service Retirement and Disability Fund

        For payment to the Foreign Service Retirement and Disability Fund,
    as authorized by law, $157,100,000.

                           International Organizations

        contributions to international organizations <<NOTE: 22 USC 269a
    note.>>

        For necessary expenses, not otherwise provided for, to meet annual
    obligations of membership in international multilateral organizations,
    pursuant to treaties ratified pursuant to the advice and consent of the
    Senate, conventions or specific Acts of Congress,
    $1,529,400,000: <<NOTE: Budget. United Nations.>>  Provided, That the
    Secretary of State shall, at the time of the submission of the
    President's budget to Congress under section 1105(a) of title 31, United
    States Code, transmit to the Committees on Appropriations the most
    recent biennial budget prepared by the United Nations for the operations
    of the United Nations: <<NOTE: Notification. Deadline. United
    Nations.>>  Provided further, That the Secretary of State shall notify
    the Committees on Appropriations at least 15 days in advance (or in an
    emergency, as far in advance as is practicable) of any United Nations
    action to increase funding for any United Nations program without
    identifying an offsetting decrease elsewhere in the United Nations
    budget: Provided further, That any payment of arrearages under this
    title shall be directed toward activities that are mutually agreed upon
    by the United States and the respective international organization:
    Provided further, That none of the funds appropriated in this paragraph
    shall be available for a United States contribution to an international
    organization for the United States share of interest costs made known to
    the United States Government by such organization for loans incurred on
    or after October 1, 1984, through external borrowings.

             contributions for international peacekeeping activities

        For necessary expenses to pay assessed and other expenses of
    international peacekeeping activities directed to the maintenance or
    restoration of international peace and security, $1,517,000,000, of
    which 15 percent shall remain available until September 30,
    2010: <<NOTE: Deadline. Notifications. Human trafficking.>>  Provided,
    That none of the funds made available by this Act shall be obligated or
    expended for any new or expanded United Nations peacekeeping mission
    unless, at least 15 days in advance of voting for the new or expanded
    mission in the United Nations Security Council (or in an emergency as
    far in advance as is practicable): (1) the Committees on Appropriations
    are notified of the estimated cost and length of the mission, the
    national interest that will be served, and the planned exit strategy;
    (2) the Committees on Appropriations are notified that the United
    Nations has taken appropriate measures to prevent United Nations
    employees, contractor personnel, and peacekeeping forces serving in any
    United Nations peacekeeping mission from trafficking in persons,
    exploiting

    [[Page 123 STAT. 836]]

    victims of trafficking, or committing acts of illegal sexual
    exploitation, and to hold accountable individuals who engage in such
    acts while participating in the peacekeeping mission, including the
    prosecution in their home countries of such individuals in connection
    with such acts; and (3) notification pursuant to section 7015 of this
    Act is submitted, and the procedures therein followed, setting forth the
    source of funds that will be used to pay for the cost of the new or
    expanded mission: <<NOTE: Certification.>>  Provided further, That funds
    shall be available for peacekeeping expenses only upon a certification
    by the Secretary of State to the Committees on Appropriations that
    American manufacturers and suppliers are being given opportunities to
    provide equipment, services, and material for United Nations
    peacekeeping activities equal to those being given to foreign
    manufacturers and suppliers.

    International Commissions <<NOTE: 22 USC 269a note.>>

        For necessary expenses, not otherwise provided for, to meet
    obligations of the United States arising under treaties, or specific
    Acts of Congress, as follows:

      international boundary and water commission, united states and mexico

        For necessary expenses for the United States Section of the
    International Boundary and Water Commission, United States and Mexico,
    and to comply with laws applicable to the United States Section,
    including not to exceed $6,000 for representation; as follows:

                              salaries and expenses

        For salaries and expenses, not otherwise provided for, $32,256,000.

                                  Construction

        For detailed plan preparation and construction of authorized
    projects, $43,250,000, to remain available until expended, as
    authorized.

                  American Sections, International Commissions

        For necessary <<NOTE: Canada. Great Britain.>>  expenses, not
    otherwise provided, $11,649,000, of which $7,559,000 is for the
    International Joint Commission and $1,970,000 is for the International
    Boundary Commission, United States and Canada, as authorized by treaties
    between the United States and Canada or Great Britain, and $2,120,000 is
    for the Border Environment Cooperation Commission as authorized by
    Public Law 103-182: Provided, That <<NOTE: Availability
    date. Reports.>>  of the amount provided under this heading for the
    International Joint Commission, $9,000 may be made available for
    representation expenses 45 days after submission to the Committees on
    Appropriations of a report detailing obligations, expenditures, and
    associated activities for fiscal years 2006, 2007, and 2008, including
    any unobligated funds which expired at the end of each fiscal year and
    the justification for why such funds were not obligated.

    [[Page 123 STAT. 837]]

                       international fisheries commissions

        For necessary expenses for international fisheries commissions, not
    otherwise provided for, as authorized by law, $29,925,000: Provided,
    That the United States share of such expenses may be advanced to the
    respective commissions pursuant to 31 U.S.C. 3324.

                                 RELATED AGENCY

                         Broadcasting Board of Governors

                      International Broadcasting Operations

        For necessary <<NOTE: Cuba. Middle East.>>  expenses to enable the
    Broadcasting Board of Governors, as authorized, to carry out
    international communication activities, including the purchase, rent,
    construction, and improvement of facilities for radio and television
    transmission and reception and purchase, lease, and installation of
    necessary equipment for radio and television transmission and reception
    to Cuba, and to make and supervise grants for radio and television
    broadcasting to the Middle East, $698,187,000: Provided, That of the
    total amount in this heading, not to exceed $16,000 may be used for
    official receptions within the United States as authorized, not to
    exceed $35,000 may be used for representation abroad as authorized, and
    not to exceed $39,000 may be used for official reception and
    representation expenses of Radio Free Europe/Radio Liberty; and in
    addition, notwithstanding any other provision of law, not to exceed
    $2,000,000 in receipts from advertising and revenue from business
    ventures, not to exceed $500,000 in receipts from cooperating
    international organizations, and not to exceed $1,000,000 in receipts
    from privatization efforts of the Voice of America and the International
    Broadcasting Bureau, to remain available until expended for carrying out
    authorized purposes.

                        broadcasting capital improvements

        For the purchase, rent, construction, and improvement of facilities
    for radio and television transmission and reception, and purchase and
    installation of necessary equipment for radio and television
    transmission and reception as authorized, $11,296,000, to remain
    available until expended, as authorized.

                                RELATED PROGRAMS

                               The Asia Foundation

        For a grant to the Asia Foundation, as authorized by the Asia
    Foundation Act (22 U.S.C. 4402), $16,000,000, to remain available until
    expended, as authorized.

                        United States Institute of Peace

        For necessary expenses of the United States Institute of Peace as
    authorized in the United States Institute of Peace Act, $31,000,000, to
    remain available until September 30, 2010.

    [[Page 123 STAT. 838]]

              Center for Middle Eastern-Western Dialogue Trust Fund

        For necessary expenses of the Center for Middle Eastern-Western
    Dialogue Trust Fund, the total amount of the interest and earnings
    accruing to such Fund on or before September 30, 2009, to remain
    available until expended.

                     Eisenhower Exchange Fellowship Program

        For necessary expenses of Eisenhower Exchange Fellowships,
    Incorporated, as authorized by sections 4 and 5 of the Eisenhower
    Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and
    earnings accruing to the Eisenhower Exchange Fellowship Program Trust
    Fund on or before September 30, 2009, to remain available until
    expended: Provided, That none of the funds appropriated herein shall be
    used to pay any salary or other compensation, or to enter into any
    contract providing for the payment thereof, in excess of the rate
    authorized by 5 U.S.C. 5376; or for purposes which are not in accordance
    with OMB Circulars A-110 (Uniform Administrative Requirements) and A-122
    (Cost Principles for Non-profit Organizations), including the
    restrictions on compensation for personal services.

                        Israeli Arab Scholarship Program

        For necessary expenses of the Israeli Arab Scholarship Program as
    authorized by section 214 of the Foreign Relations Authorization Act,
    Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and earnings
    accruing to the Israeli Arab Scholarship Fund on or before September 30,
    2009, to remain available until expended.

                                East-West Center

        To enable <<NOTE: Hawaii.>>  the Secretary of State to provide for
    carrying out the provisions of the Center for Cultural and Technical
    Interchange Between East and West Act of 1960, by grant to the Center
    for Cultural and Technical Interchange Between East and West in the
    State of Hawaii, $21,000,000: Provided, That none of the funds
    appropriated herein shall be used to pay any salary, or enter into any
    contract providing for the payment thereof, in excess of the rate
    authorized by 5 U.S.C. 5376.

                        National Endowment for Democracy

        For grants made by the Department of State to the National Endowment
    for Democracy, as authorized by the National Endowment for Democracy
    Act, $115,000,000, to remain available until expended, of which
    $100,000,000 shall be allocated in the traditional and customary manner
    among the core institutes and $15,000,000 shall be for democracy, human
    rights, and rule of law programs, of which $250,000 shall be for
    programs and activities in Tibet: Provided,
    That <<NOTE: Deadline. Reports.>>  the President of the National
    Endowment for Democracy shall provide to the Committees on
    Appropriations not later than 45 days after the date of enactment of
    this Act a report on the proposed uses of funds under this heading on a
    regional and country basis: Provided further, That funds made available
    by this Act for the promotion of democracy may be made available

    [[Page 123 STAT. 839]]

    for the National Endowment for Democracy notwithstanding any other
    provision of law or regulation.

                                OTHER COMMISSIONS

          Commission for the Preservation of America's Heritage Abroad

                              SALARIES AND EXPENSES

        For necessary expenses for the Commission for the Preservation of
    America's Heritage Abroad, $599,000, as authorized by section 1303 of
    Public Law 99-83.

                  Commission on International Religious Freedom

                              SALARIES AND EXPENSES

        For necessary expenses for the United States Commission on
    International Religious Freedom, as authorized by title II of the
    International Religious Freedom Act of 1998 (Public Law 105-292),
    $4,000,000, to remain available until September 30, 2010.

                Commission on Security and Cooperation in Europe

                              SALARIES AND EXPENSES

        For necessary expenses of the Commission on Security and Cooperation
    in Europe, as authorized by Public Law 94-304, $2,610,000, to remain
    available until September 30, 2010.

      Congressional-Executive Commission on the People's Republic of China

                              SALARIES AND EXPENSES

        For necessary expenses of the Congressional-Executive Commission on
    the People's Republic of China, as authorized, $2,000,000, including not
    more than $3,000 for the purpose of official representation, to remain
    available until September 30, 2010.

           United States-China Economic and Security Review Commission

                              salaries and expenses

        For necessary expenses of the United States-China Economic and
    Security Review Commission, $4,000,000, including not more than $4,000
    for the purpose of official representation, to remain available until
    September 30, 2010: <<NOTE: Deadlines. Reports.>>  Provided, That the
    Commission shall provide to the Committees on Appropriations a quarterly
    accounting of the cumulative balances of any unobligated funds that were
    received by the Commission during any previous fiscal
    year: <<NOTE: Applicability.>>  Provided further, That section 308(e) of
    the United States-China Relations Act of 2000 (22 U.S.C. 6918(e))
    (relating to the treatment of employees as Congressional employees), and
    section 309 of such Act (22 U.S.C. 6919) (relating to printing and
    binding costs), shall apply to the Commission in the same manner as such
    section applies to the Congressional-Executive Commission

    [[Page 123 STAT. 840]]

    on the People's Republic of China: <<NOTE: Compliance.>>  Provided
    further, That the Commission shall comply with chapter 43 of title 5,
    United States Code, regarding the establishment and regular review of
    employee performance appraisals: Provided further, That the Commission
    shall comply with section 4505a of title 5, United States Code, with
    respect to limitations on payment of performance-based cash awards:
    Provided further, That compensation for the executive director of the
    Commission may not exceed the rate payable for level II of the Executive
    Schedule under section 5313 of title 5, United States Code: Provided
    further, That travel by members of the Commission and its staff shall be
    arranged and conducted under the rules and procedures applying to travel
    by members of the House of Representatives and its staff.

               United States Senate-China Interparliamentary Group

                              SALARIES AND EXPENSES

        For necessary expenses of the United States Senate-China
    Interparliamentary Group, as authorized under section 153 of the
    Consolidated Appropriations Act, 2004 (22 U.S.C. 276n; Public Law 108-
    99; 118 Stat. 448), $150,000, to remain available until September 30,
    2010.

                                    TITLE II

               UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

                       Funds Appropriated to the President

                               operating expenses

                          (including transfer of funds)

        For necessary expenses to carry out the provisions of section 667 of
    the Foreign Assistance Act of 1961, $808,584,000, of which up to
    $85,000,000 may remain available until September 30, 2010: Provided,
    That <<NOTE: Reports. Deadline.>>  none of the funds appropriated under
    this heading and under the heading ``Capital Investment Fund'' in this
    Act may be made available to finance the construction (including
    architect and engineering services), purchase, or long-term lease of
    offices for use by the United States Agency for International
    Development (USAID), unless the USAID Administrator has identified such
    proposed construction (including architect and engineering services),
    purchase, or long-term lease of offices in a report submitted to the
    Committees on Appropriations at least 15 days prior to the obligation of
    funds for such purposes: Provided further, That the previous proviso
    shall not apply when the total cost of construction (including architect
    and engineering services), purchase, or long-term lease of offices does
    not exceed $1,000,000: Provided further, That contracts or agreements
    entered into with funds appropriated under this heading may entail
    commitments for the expenditure of such funds through fiscal year
    2010: <<NOTE: Notification.>>  Provided further, That any decision to
    open a new USAID overseas mission or office or, except where there is a
    substantial security risk to mission personnel, to close or
    significantly reduce the number of personnel of any such mission or
    office, shall be subject to the

    [[Page 123 STAT. 841]]

    regular notification procedures of the Committees on Appropriations:
    Provided further, That the authority of sections 610 and 109 of the
    Foreign Assistance Act of 1961 may be exercised by the Secretary of
    State to transfer funds appropriated to carry out chapter 1 of part I of
    such Act to ``Operating Expenses'' in accordance with the provisions of
    those sections: Provided further, That of the funds appropriated or made
    available under this heading, not to exceed $250,000 shall be available
    for representation and entertainment allowances, of which not to exceed
    $5,000 shall be available for entertainment allowances, for USAID during
    the current fiscal year: Provided further, That no such entertainment
    funds may be used for the purposes listed in section 7020 of this Act:
    Provided further, That appropriate steps shall be taken to assure that,
    to the maximum extent possible, United States-owned foreign currencies
    are utilized in lieu of dollars.

                        CIVILIAN STABILIZATION INITIATIVE

        For necessary expenses to carry out section 667 of the Foreign
    Assistance Act of 1961 for the United States Agency for International
    Development (USAID) to establish, support, maintain, mobilize, and
    deploy a civilian response corps in coordination with the Department of
    State, and for related reconstruction and stabilization assistance to
    prevent or respond to conflict or civil strife in foreign countries or
    regions, or to enable transition from such strife, $30,000,000, to
    remain available until expended: <<NOTE: Deadline. Spending plan.>>
    Provided, That not later than 60 days after enactment of this Act, the
    Secretary of State and the USAID Administrator shall submit a
    coordinated joint spending plan for funds made available under this
    heading and under the heading ``Civilian Stabilization Initiative'' in
    title I of this Act.

                             capital investment fund

        For necessary expenses for overseas construction and related costs,
    and for the procurement and enhancement of information technology and
    related capital investments, pursuant to section 667 of the Foreign
    Assistance Act of 1961, $35,775,000, to remain available until expended:
    Provided, That this amount is in addition to funds otherwise available
    for such purposes: <<NOTE: Notification.>>  Provided further, That funds
    appropriated under this heading shall be available for obligation only
    pursuant to the regular notification procedures of the Committees on
    Appropriations.

                           office of inspector general

        For necessary expenses to carry out the provisions of section 667 of
    the Foreign Assistance Act of 1961, $42,000,000, to remain available
    until September 30, 2010, which sum shall be available for the Office of
    the Inspector General of the United States Agency for International
    Development.

    [[Page 123 STAT. 842]]

                                    TITLE III

                          BILATERAL ECONOMIC ASSISTANCE

                       Funds Appropriated to the President

        For necessary expenses to enable the President to carry out the
    provisions of the Foreign Assistance Act of 1961, and for other
    purposes, to remain available until September 30, 2009, unless otherwise
    specified herein, as follows:

                        global health and child survival

                          (including transfer of funds)

        For necessary expenses to carry out the provisions of chapters 1 and
    10 of part I of the Foreign Assistance Act of 1961, for global health
    activities, in addition to funds otherwise available for such purposes,
    $1,955,000,000, to remain available until September 30, 2010, and which
    shall be apportioned directly to the United States Agency for
    International Development: <<NOTE: HIV/AIDS.>>  Provided, That this
    amount shall be made available for such activities as: (1) child
    survival and maternal health programs; (2) immunization and oral
    rehydration programs; (3) other health, nutrition, water and sanitation
    programs which directly address the needs of mothers and children, and
    related education programs; (4) assistance for children displaced or
    orphaned by causes other than AIDS; (5) programs for the prevention,
    treatment, control of, and research on HIV/AIDS, tuberculosis, polio,
    malaria, and other infectious diseases, and for assistance to
    communities severely affected by HIV/AIDS, including children infected
    or affected by AIDS; and (6) family planning/reproductive health:
    Provided further, That none of the funds appropriated under this
    paragraph may be made available for nonproject assistance, except that
    funds may be made available for such assistance for ongoing health
    activities: Provided further, That of the funds appropriated under this
    paragraph, not to exceed $400,000, in addition to funds otherwise
    available for such purposes, may be used to monitor and provide
    oversight of child survival, maternal and family planning/reproductive
    health, and infectious disease programs: Provided further, That of the
    funds appropriated under this paragraph, $75,000,000 should be made
    available for a United States contribution to The GAVI Fund, and up to
    $5,000,000 may be transferred to, and merged with, funds appropriated by
    this Act under the heading ``Operating Expenses'' in title II for costs
    directly related to global health, but funds made available for such
    costs may not be derived from amounts made available for contributions
    under this and preceding
    provisos: <<NOTE: Determination. Abortion. Sterilization.>>  Provided
    further, That none of the funds made available in this Act nor any
    unobligated balances from prior appropriations Acts may be made
    available to any organization or program which, as determined by the
    President of the United States, supports or participates in the
    management of a program of coercive abortion or involuntary
    sterilization: <<NOTE: Deadline.>>  Provided further, That any
    determination made under the previous proviso must be made no later than
    6 months after the date of enactment of this Act, and must be
    accompanied by the evidence and criteria utilized to make the
    determination: <<NOTE: Abortion.>>  Provided further, That none of the
    funds made available under this Act may be used to pay for the
    performance of

    [[Page 123 STAT. 843]]

    abortion as a method of family planning or to motivate or coerce any
    person to practice abortions: Provided further, That nothing in this
    paragraph shall be construed to alter any existing statutory
    prohibitions against abortion under section 104 of the Foreign
    Assistance Act of 1961: <<NOTE: Lobbying. Abortion.>>  Provided further,
    That none of the funds made available under this Act may be used to
    lobby for or against abortion: <<NOTE: Family
    planning. Requirements. Deadline. Determination. Reports.>>  Provided
    further, That in order to reduce reliance on abortion in developing
    nations, funds shall be available only to voluntary family planning
    projects which offer, either directly or through referral to, or
    information about access to, a broad range of family planning methods
    and services, and that any such voluntary family planning project shall
    meet the following requirements: (1) service providers or referral
    agents in the project shall not implement or be subject to quotas, or
    other numerical targets, of total number of births, number of family
    planning acceptors, or acceptors of a particular method of family
    planning (this provision shall not be construed to include the use of
    quantitative estimates or indicators for budgeting and planning
    purposes); (2) the project shall not include payment of incentives,
    bribes, gratuities, or financial reward to: (A) an individual in
    exchange for becoming a family planning acceptor; or (B) program
    personnel for achieving a numerical target or quota of total number of
    births, number of family planning acceptors, or acceptors of a
    particular method of family planning; (3) the project shall not deny any
    right or benefit, including the right of access to participate in any
    program of general welfare or the right of access to health care, as a
    consequence of any individual's decision not to accept family planning
    services; (4) the project shall provide family planning acceptors
    comprehensible information on the health benefits and risks of the
    method chosen, including those conditions that might render the use of
    the method inadvisable and those adverse side effects known to be
    consequent to the use of the method; and (5) the project shall ensure
    that experimental contraceptive drugs and devices and medical procedures
    are provided only in the context of a scientific study in which
    participants are advised of potential risks and benefits; and, not less
    than 60 days after the date on which the Administrator of the United
    States Agency for International Development determines that there has
    been a violation of the requirements contained in paragraph (1), (2),
    (3), or (5) of this proviso, or a pattern or practice of violations of
    the requirements contained in paragraph (4) of this proviso, the
    Administrator shall submit to the Committees on Appropriations a report
    containing a description of such violation and the corrective action
    taken by the Agency: <<NOTE: Grants. Non- discrimination. Compliance.>>
    Provided further, That in awarding grants for natural family planning
    under section 104 of the Foreign Assistance Act of 1961 no applicant
    shall be discriminated against because of such applicant's religious or
    conscientious commitment to offer only natural family planning; and,
    additionally, all such applicants shall comply with the requirements of
    the previous proviso: Provided further, That for purposes of this or any
    other Act authorizing or appropriating funds for the Department of
    State, foreign operations, and related programs, the term ``motivate'',
    as it relates to family planning assistance, shall not be construed to
    prohibit the provision, consistent with local law, of information or
    counseling about all pregnancy options: <<NOTE: Condoms.>>  Provided
    further, That information provided about the use of condoms as part of
    projects or activities that are funded from amounts appropriated by this
    Act shall be

    [[Page 123 STAT. 844]]

    medically accurate and shall include the public health benefits and
    failure rates of such use.

        In addition, for necessary expenses to carry out the provisions of
    the Foreign Assistance Act of 1961 for the prevention, treatment, and
    control of, and research on, HIV/AIDS, $5,159,000,000, to remain
    available until expended, and which shall be apportioned directly to the
    Department of State: Provided, That of the funds appropriated under this
    paragraph, not less than $600,000,000 shall be made available,
    notwithstanding any other provision of law, except for the United States
    Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of 2003
    (Public Law 108-25), as amended, for a United States contribution to the
    Global Fund to Fight AIDS, Tuberculosis and Malaria, and shall be
    expended at the minimum rate necessary to make timely payment for
    projects and activities: Provided further, That up to 5 percent of the
    aggregate amount of funds made available to the Global Fund in fiscal
    year 2009 may be made available to the United States Agency for
    International Development for technical assistance related to the
    activities of the Global Fund: Provided further, That of the funds
    appropriated under this paragraph, up to $14,000,000 may be made
    available, in addition to amounts otherwise available for such purposes,
    for administrative expenses of the Office of the Global AIDS
    Coordinator.

                             development assistance

        For necessary expenses to carry out the provisions of sections 103,
    105, 106, and sections 251 through 255, and chapter 10 of part I of the
    Foreign Assistance Act of 1961, $1,800,000,000, to remain available
    until September 30, 2010: Provided, That of the funds appropriated under
    this heading that are made available for assistance programs for
    displaced and orphaned children and victims of war, not to exceed
    $44,000, in addition to funds otherwise available for such purposes, may
    be used to monitor and provide oversight of such programs: Provided
    further, That of the funds appropriated by this Act and prior Acts for
    fiscal year 2009, not less than $245,000,000 shall be made available for
    microenterprise and microfinance development programs for the poor,
    especially women: Provided further, That of the funds appropriated under
    this heading, not less than $22,500,000 shall be made available for the
    American Schools and Hospitals Abroad program: Provided further, That of
    the funds appropriated under this heading, $10,000,000 shall be made
    available for cooperative development programs within the Office of
    Private and Voluntary Cooperation: Provided further, That of the funds
    appropriated by this Act and prior Acts for fiscal year 2009, not less
    than $300,000,000 shall be made available for water and sanitation
    supply projects pursuant to the Senator Paul Simon Water for the Poor
    Act of 2005 (Public Law 109-121), of which not less than $125,000,000
    should be made available for such projects in Africa: Provided further,
    That of the funds appropriated by title III of this Act, not less than
    $375,000,000 shall be made available for agricultural development
    programs, of which not less than $29,000,000 shall be made available for
    Collaborative Research Support Programs: Provided further, That of the
    funds appropriated under this heading, $75,000,000 shall be made
    available to enhance global food security, including for local or
    regional purchase and distribution of food, in addition

    [[Page 123 STAT. 845]]

    to funds otherwise made available for such purposes, and notwithstanding
    any other provision of law: <<NOTE: Strategy.>>  Provided further, That
    prior to the obligation of funds pursuant to the previous proviso and
    after consultation with other relevant Federal departments and agencies,
    the Committees on Appropriations, and relevant nongovernmental
    organizations, the Administrator of the United States Agency for
    International Development shall submit to the Committees on
    Appropriations a strategy for achieving the goals of funding for global
    food security programs, specifying the intended country beneficiaries,
    amounts of funding, types of activities to be funded, and expected
    quantifiable results: Provided further, That of the funds appropriated
    under this heading for agricultural development programs, not less than
    $7,000,000 shall be made available for a United States contribution to
    the endowment of the Global Crop Diversity Trust pursuant to section
    3202 of Public Law 110-246: Provided further, That of the funds
    appropriated under this heading, not less than $15,000,000 shall be made
    available for programs to improve women's leadership capacity in
    recipient countries.

                        international disaster assistance

        For necessary expenses to carry out the provisions of section 491 of
    the Foreign Assistance Act of 1961 for international disaster relief,
    rehabilitation, and reconstruction assistance, $350,000,000, to remain
    available until expended.

                             transition initiatives

        For necessary expenses for international disaster rehabilitation and
    reconstruction assistance pursuant to section 491 of the Foreign
    Assistance Act of 1961, $50,000,000, to remain available until expended,
    to support transition to democracy and to long-term development of
    countries in crisis: Provided, That such support may include assistance
    to develop, strengthen, or preserve democratic institutions and
    processes, revitalize basic infrastructure, and foster the peaceful
    resolution of conflict: <<NOTE: Reports. Deadline.>>  Provided further,
    That the United States Agency for International Development shall submit
    a report to the Committees on Appropriations at least 5 days prior to
    beginning a new program of assistance: <<NOTE: President.>>  Provided
    further, That if the President determines that it is important to the
    national interests of the United States to provide transition assistance
    in excess of the amount appropriated under this heading, up to
    $15,000,000 of the funds appropriated by this Act to carry out the
    provisions of part I of the Foreign Assistance Act of 1961 may be used
    for purposes of this heading and under the authorities applicable to
    funds appropriated under this heading: Provided further, That funds made
    available pursuant to the previous proviso shall be made available
    subject to prior consultation with the Committees on Appropriations.

                          development credit authority

                          (including transfer of funds)

        For the cost of direct loans and loan guarantees provided by the
    United States Agency for International Development, as authorized by
    sections 256 and 635 of the Foreign Assistance Act of 1961, up to
    $25,000,000 may be derived by transfer from funds appropriated by this
    Act to carry out part I of such Act and under

    [[Page 123 STAT. 846]]

    the heading ``Assistance for Europe, Eurasia and Central Asia'':
    Provided, That funds provided under this paragraph and funds provided as
    a gift pursuant to section 635(d) of the Foreign Assistance Act of 1961
    shall be made available only for micro and small enterprise programs,
    urban programs, and other programs which further the purposes of part I
    of such Act: Provided further, That such costs, including the cost of
    modifying such direct and guaranteed loans, shall be as defined in
    section 502 of the Congressional Budget Act of 1974, as
    amended: <<NOTE: Notification.>>  Provided further, That funds made
    available by this paragraph may be used for the cost of modifying any
    such guaranteed loans under this Act or prior Acts, and funds used for
    such costs shall be subject to the regular notification procedures of
    the Committees on Appropriations: <<NOTE: Applicability. Loans.>>
    Provided further, That the provisions of section 107A(d) (relating to
    general provisions applicable to the Development Credit Authority) of
    the Foreign Assistance Act of 1961, as contained in section 306 of H.R.
    1486 as reported by the House Committee on International Relations on
    May 9, 1997, shall be applicable to direct loans and loan guarantees
    provided under this heading: Provided further, That these funds are
    available to subsidize total loan principal, any portion of which is to
    be guaranteed, of up to $700,000,000.

        In addition, for administrative expenses to carry out credit
    programs administered by the United States Agency for International
    Development, $8,000,000, which may be transferred to, and merged with,
    funds made available under the heading ``Operating Expenses'' in title
    II of this Act: Provided, That funds made available under this heading
    shall remain available until September 30, 2011.

                              economic support fund

                          (including transfer of funds)

        For necessary expenses to carry out the provisions of chapter 4 of
    part II of the Foreign Assistance Act of 1961, $3,007,000,000, to remain
    available until September 30, 2010: <<NOTE: Egypt. Grants.>>  Provided,
    That of the funds appropriated under this heading, $200,000,000 shall be
    available only for Egypt, which sum shall be provided on a grant basis,
    and of which sum cash transfer assistance shall be provided with the
    understanding that Egypt will undertake significant economic and
    democratic reforms which are additional to those which were undertaken
    in previous fiscal years: Provided further, That of the funds
    appropriated under this heading for assistance for Egypt, up to
    $20,000,000 shall be made available for democracy, human rights and
    governance programs, and not less than $35,000,000 shall be made
    available for education programs, of which not less than $10,000,000 is
    for scholarships for Egyptian students with high financial
    need: <<NOTE: Cyprus.>>  Provided further, That $11,000,000 of the funds
    appropriated under this heading should be made available for Cyprus to
    be used only for scholarships, administrative support of the scholarship
    program, bicommunal projects, and measures aimed at reunification of the
    island and designed to reduce tensions and promote peace and cooperation
    between the two communities on Cyprus: <<NOTE: Jordan.>>  Provided
    further, That of the funds appropriated under this heading, not less
    than $263,547,000 shall be made available for assistance for Jordan:
    Provided further, That of the funds appropriated under this heading

    [[Page 123 STAT. 847]]

    not more than $75,000,000 may be made available for assistance for the
    West Bank and Gaza, of which not to exceed $2,000,000 may be used for
    administrative expenses of the United States Agency for International
    Development (USAID), in addition to funds otherwise available for such
    purposes, to carry out programs in the West Bank and
    Gaza: <<NOTE: Lebanon.>>  Provided further, That $67,500,000 of the
    funds appropriated under this heading shall be made available for
    assistance for Lebanon, of which not less than $10,000,000 shall be made
    available for educational scholarships for students in Lebanon with high
    financial need: <<NOTE: Afghanistan. Certification.>>  Provided further,
    That $200,000,000 of the funds made available for assistance for
    Afghanistan under this heading may be obligated for such assistance only
    after the Secretary of State certifies to the Committees on
    Appropriations that the Government of Afghanistan at both the national
    and provincial level is cooperating fully with United States-funded
    poppy eradication and interdiction efforts in
    Afghanistan: <<NOTE: President. Waiver
    authority. Determination. Reports.>>  Provided further, That the
    President may waive the previous proviso if the President determines and
    reports to the Committees on Appropriations that to do so is in the
    national security interests of the United States: Provided further, That
    of the funds appropriated under this heading, $200,000,000 shall be
    apportioned directly to USAID for alternative development/institution
    building programs in Colombia: Provided further, That of the funds
    appropriated under this heading that are available for Colombia, not
    less than $3,500,000 shall be transferred to, and merged with, funds
    appropriated under the heading ``Migration and Refugee Assistance'' and
    shall be made available only for assistance to nongovernmental
    organizations that provide emergency relief aid to Colombian refugees in
    neighboring countries.

                                 DEMOCRACY FUND

        (a) For necessary expenses to carry out the provisions of the
    Foreign Assistance Act of 1961 for the promotion of democracy globally,
    $116,000,000, to remain available until September 30, 2011, of which not
    less than $74,000,000 shall be made available for the Human Rights and
    Democracy Fund of the Bureau of Democracy, Human Rights and Labor,
    Department of State, and not less than $37,000,000 shall be made
    available for the Office of Democracy and Governance of the Bureau for
    Democracy, Conflict, and Humanitarian Assistance, United States Agency
    for International Development.
        (b) Of the funds appropriated under this heading that are made
    available to the Bureau of Democracy, Human Rights and Labor, not less
    than $17,000,000 shall be made available for the promotion of democracy
    in the People's Republic of China, Hong Kong, and Taiwan, and not less
    than $6,500,000 shall be made available for the promotion of democracy
    in countries located outside the Middle East region with a significant
    Muslim population, and where such programs and activities would be
    important to respond to, deter, or prevent extremism: Provided, That
    assistance for Taiwan should be matched from sources other than the
    United States Government.
        (c) Of the funds appropriated under this heading that are made
    available to the Bureau for Democracy, Conflict, and Humanitarian
    Assistance, not less than $19,500,000 shall be made available for the
    Elections and Political Process Fund, $7,500,000 shall be made available
    for international labor programs, and not less than

    [[Page 123 STAT. 848]]

    $10,000,000 shall be made available to provide institutional and core
    support for organizations that promote human rights, independent media
    and the rule of law.
        (d) Funds appropriated by this Act that are made available for the
    promotion of democracy may be made available notwithstanding any other
    provision of law. Funds appropriated under this heading are in addition
    to funds otherwise made available for such purposes.
        (e) For the purposes of funds appropriated by this Act, the term
    ``promotion of democracy'' means programs that support good governance,
    human rights, independent media, and the rule of law, and otherwise
    strengthen the capacity of democratic political parties, governments,
    nongovernmental organizations and institutions, and citizens to support
    the development of democratic states, institutions, and practices that
    are responsive and accountable to citizens.
        (f) Any <<NOTE: Notification.>>  contract, grant, or cooperative
    agreement (or any amendment to any contract, grant, or cooperative
    agreement) in excess of $1,000,000 of funds under this heading, and in
    excess of $2,500,000 under other headings in this Act, for the promotion
    of democracy, with the exception of programs and activities of the
    National Endowment for Democracy, shall be subject to the regular
    notification procedures of the Committees on Appropriations.

                         international fund for ireland

        For necessary expenses to carry out the provisions of chapter 4 of
    part II of the Foreign Assistance Act of 1961, $15,000,000, which shall
    be available for the United States contribution to the International
    Fund for Ireland and shall be made available in accordance with the
    provisions of the Anglo-Irish Agreement Support Act of 1986 (Public Law
    99-415): Provided, That such amount shall be expended at the minimum
    rate necessary to make timely payment for projects and activities:
    Provided further, That funds made available under this heading shall
    remain available until September 30, 2010.

                 ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA

        For necessary expenses to carry out the provisions of the Foreign
    Assistance Act of 1961, the FREEDOM Support Act, and the Support for
    East European Democracy (SEED) Act of 1989, $650,000,000, to remain
    available until September 30, 2010, which shall be available,
    notwithstanding any other provision of law, for assistance and for
    related programs for countries identified in section 3 of the FREEDOM
    Support Act and section 3(c) of the SEED Act: Provided, That funds
    appropriated under this heading shall be considered to be economic
    assistance under the Foreign Assistance Act of 1961 for purposes of
    making available the administrative authorities contained in that Act
    for the use of economic assistance: Provided further, That
    notwithstanding any provision of this or any other Act, funds
    appropriated in prior years under the headings ``Independent States of
    the Former Soviet Union'' and similar headings and ``Assistance for
    Eastern Europe and the Baltic States'' and similar headings, and
    currencies generated by or converted from such funds, shall be available
    for use in any country for which funds are made available under

    [[Page 123 STAT. 849]]

    this heading without regard to the geographic limitations of the heading
    under which such funds were originally appropriated: Provided further,
    That funds made available for the Southern Caucasus region may be used
    for confidence-building measures and other activities in furtherance of
    the peaceful resolution of conflicts, including in Nagorno-Karabagh.

                               Department of State

               international narcotics control and law enforcement

        For necessary expenses to carry out section 481 of the Foreign
    Assistance Act of 1961, $875,000,000, to remain available until
    September 30, 2010: <<NOTE: Notification.>>  Provided, That during
    fiscal year 2009, the Department of State may also use the authority of
    section 608 of the Foreign Assistance Act of 1961, without regard to its
    restrictions, to receive excess property from an agency of the United
    States Government for the purpose of providing it to a foreign country
    or international organization under chapter 8 of part I of that Act
    subject to the regular notification procedures of the Committees on
    Appropriations: <<NOTE: Deadline. Reports.>>  Provided further, That the
    Secretary of State shall provide to the Committees on Appropriations not
    later than 45 days after the date of the enactment of this Act and prior
    to the initial obligation of funds appropriated under this heading, a
    report on the proposed uses of all funds under this heading on a
    country-by-country basis for each proposed program, project, or
    activity: <<NOTE: Afghanistan. Determination. Reports.>>  Provided
    further, That none of the funds appropriated under this heading for
    assistance for Afghanistan may be made available for eradication
    programs through the aerial spraying of herbicides unless the Secretary
    of State determines and reports to the Committees on Appropriations that
    the President of Afghanistan has requested assistance for such aerial
    spraying programs for counternarcotics or counterterrorism
    purposes: <<NOTE: Consultation.>>  Provided further, That in the event
    the Secretary of State makes a determination pursuant to the previous
    proviso, the Secretary shall consult with the Committees on
    Appropriations prior to the obligation of funds for such eradication
    programs: Provided further, That of the funds appropriated under this
    heading, $5,000,000 should be made available to combat piracy of United
    States copyrighted materials, consistent with the requirements of
    section 688(a) and (b) of the Department of State, Foreign Operations,
    and Related Programs Appropriations Act, 2008 (division J of Public Law
    110-161): Provided further, That <<NOTE: Colombia.>>  none of the funds
    appropriated under this heading for assistance for Colombia shall be
    made available for budget support or as cash
    payments: <<NOTE: Reports.>>  Provided further, That of the funds
    appropriated under this heading for administrative expenses, ten percent
    shall be withheld from obligation until the Secretary of State submits a
    report to the Committees on Appropriations detailing all salaries funded
    under this heading in fiscal years 2007 and 2008, and such salaries
    proposed in fiscal year 2009.

                           andean counterdrug programs

        For necessary expenses to carry out section 481 of the Foreign
    Assistance Act of 1961 to support counterdrug activities in the Andean
    region of South America, $315,000,000, to remain available until
    September 30, 2010: <<NOTE: Deadline. Reports.>>  Provided, That the
    Secretary of State,

    [[Page 123 STAT. 850]]

    in consultation with the Administrator of the United States Agency for
    International Development (USAID), shall provide to the Committees on
    Appropriations not later than 45 days after the date of the enactment of
    this Act and prior to the initial obligation of funds appropriated under
    this heading, a report on the proposed uses of all funds under this
    heading on a country-by-country basis for each proposed program,
    project, or activity: Provided further, That section 482(b) of the
    Foreign Assistance Act of 1961 shall not apply to funds appropriated
    under this heading: <<NOTE: Notification.>>  Provided further, That
    assistance provided with funds appropriated under this heading that is
    made available notwithstanding section 482(b) of the Foreign Assistance
    Act of 1961 shall be made available subject to the regular notification
    procedures of the Committees on Appropriations: Provided further,
    That <<NOTE: Bolivia. Certification. Human rights.>>  funds appropriated
    under this heading that are made available for assistance for the
    Bolivian military and police may be made available for such purposes
    only if the Secretary of State certifies to the Committees on
    Appropriations that the Bolivian military and police are respecting
    internationally recognized human rights and cooperating fully with
    investigations and prosecutions by civilian judicial authorities of
    military and police personnel who have been credibly alleged to have
    violated such rights: Provided further, That of the funds appropriated
    under this heading, not more than $16,730,000 may be available for
    administrative expenses of the Department of State, and not more than
    $8,000,000 of the funds made available for alternative development/
    institution building programs under the heading ``Economic Support
    Fund'' in this Act may be available, in addition to amounts otherwise
    available for such purposes, for administrative expenses of USAID.

         nonproliferation, anti-terrorism, demining and related programs

        For necessary expenses for nonproliferation, anti-terrorism,
    demining and related programs and activities, $525,000,000, to carry out
    the provisions of chapter 8 of part II of the Foreign Assistance Act of
    1961 for anti-terrorism assistance, chapter 9 of part II of the Foreign
    Assistance Act of 1961, section 504 of the FREEDOM Support Act, section
    23 of the Arms Export Control Act or the Foreign Assistance Act of 1961
    for demining activities, the clearance of unexploded ordnance, the
    destruction of small arms, and related activities, notwithstanding any
    other provision of law, including activities implemented through
    nongovernmental and international organizations, and section 301 of the
    Foreign Assistance Act of 1961 for a voluntary contribution to the
    International Atomic Energy Agency (IAEA), and for a United States
    contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory
    Commission: Provided, That of this amount not to exceed $41,000,000, to
    remain available until expended, may be made available for the
    Nonproliferation and Disarmament Fund, notwithstanding any other
    provision of law, to promote bilateral and multilateral activities
    relating to nonproliferation and disarmament: Provided further, That
    such funds may also be used for such countries other than the
    Independent States of the former Soviet Union and international
    organizations when it is in the national security interest of the United
    States to do so: <<NOTE: Determination. Reports. Israel.>>  Provided
    further, That funds appropriated under this heading may be made
    available for IAEA only if the Secretary of State determines (and so
    reports to the

    [[Page 123 STAT. 851]]

    Congress) that Israel is not being denied its right to participate in
    the activities of that Agency: Provided further, That of the funds
    appropriated under this heading, not more than $750,000 may be made
    available for public-private partnerships for conventional weapons and
    mine action by grant, cooperative agreement or contract: Provided
    further, That of the funds made available for demining and related
    activities, not to exceed $700,000, in addition to funds otherwise
    available for such purposes, may be used for administrative expenses
    related to the operation and management of the demining program:
    Provided further, That funds appropriated under this heading that are
    available for ``Anti-terrorism Assistance'' and ``Export Control and
    Border Security'' shall remain available until September 30, 2010.

                        migration and refugee assistance

        For necessary expenses, not otherwise provided for, to enable the
    Secretary of State to provide, as authorized by law, a contribution to
    the International Committee of the Red Cross, assistance to refugees,
    including contributions to the International Organization for Migration
    and the United Nations High Commissioner for Refugees, and other
    activities to meet refugee and migration needs; salaries and expenses of
    personnel and dependents as authorized by the Foreign Service Act of
    1980; allowances as authorized by sections 5921 through 5925 of title 5,
    United States Code; purchase and hire of passenger motor vehicles; and
    services as authorized by section 3109 of title 5, United States Code,
    $931,000,000, to remain available until expended, of which not less than
    $30,000,000 shall be made available for refugees resettling in Israel.

          united states emergency refugee and migration assistance fund

        For necessary expenses to carry out the provisions of section 2(c)
    of the Migration and Refugee Assistance Act of 1962, as amended (22
    U.S.C. 2601(c)), $40,000,000, to remain available until expended.

                              Independent Agencies

                                   peace corps

                          (including transfer of funds)

        For necessary expenses to carry out the provisions of the Peace
    Corps Act (75 Stat. 612), including the purchase of not to exceed five
    passenger motor vehicles for administrative purposes for use outside of
    the United States, $340,000,000 to remain available until September 30,
    2010: <<NOTE: Abortion.>>  Provided, That none of the funds appropriated
    under this heading shall be used to pay for abortions: Provided further,
    That the Director of the Peace Corps may transfer to the Foreign
    Currency Fluctuations Account, as authorized by 22 U.S.C. 2515, an
    amount not to exceed $4,000,000: Provided further, That funds
    transferred pursuant to the previous proviso may not be derived from
    amounts made available for Peace Corps overseas operations: Provided
    further, That of the funds appropriated under this heading, not to
    exceed $4,000 shall be made available for entertainment
    expenses: <<NOTE: Notification.>>  Provided further, That any

    [[Page 123 STAT. 852]]

    decision to open a new domestic office or to close, or significantly
    reduce the number of personnel of, any office, shall be subject to the
    regular notification procedures of the Committees on Appropriations.

                        Millennium Challenge Corporation

                          (including transfer of funds)

        For necessary expenses to carry out the provisions of the Millennium
    Challenge Act of 2003, $875,000,000 to remain available until expended:
    Provided, That of the funds appropriated under this heading, up to
    $95,000,000 may be available for administrative expenses of the
    Millennium Challenge Corporation (the Corporation): Provided further,
    That up to 10 percent of the funds appropriated under this heading may
    be made available to carry out the purposes of section 616 of the
    Millennium Challenge Act of 2003 for candidate countries for fiscal year
    2009: <<NOTE: Reports.>>  Provided further, That none of the funds
    available to carry out section 616 of such Act may be made available
    until the Chief Executive Officer of the Corporation provides a report
    to the Committees on Appropriations listing the candidate countries that
    will be receiving assistance under section 616 of such Act, the level of
    assistance proposed for each such country, a description of the proposed
    programs, projects and activities, and the implementing agency or
    agencies of the United States Government: <<NOTE: Applicability.>>
    Provided further, That section 605(e)(4) of the Millennium Challenge Act
    of 2003 shall apply to funds appropriated under this heading: Provided
    further, That funds appropriated under this heading may be made
    available for a Millennium Challenge Compact entered into pursuant to
    section 609 of the Millennium Challenge Act of 2003 only if such Compact
    obligates, or contains a commitment to obligate subject to the
    availability of funds and the mutual agreement of the parties to the
    Compact to proceed, the entire amount of the United States Government
    funding anticipated for the duration of the Compact: Provided further,
    That the Corporation should reimburse the United States Agency for
    International Development (USAID) for all expenses incurred by USAID
    with funds appropriated under this heading in assisting the Corporation
    in carrying out the Millennium Challenge Act of 2003 (22 U.S.C. 7701 et
    seq.), including administrative costs for compact development,
    negotiation, and implementation: Provided further, That of the funds
    appropriated under this heading, not to exceed $100,000 shall be
    available for representation and entertainment allowances, of which not
    to exceed $5,000 shall be available for entertainment allowances.

                            Inter-American Foundation

        For necessary expenses to carry out the functions of the Inter-
    American Foundation in accordance with the provisions of section 401 of
    the Foreign Assistance Act of 1969, $22,500,000, to remain available
    until September 30, 2010: Provided, That of the funds appropriated under
    this heading, not to exceed $3,000 shall be available for entertainment
    and representation allowances.

                         AFRICAN DEVELOPMENT FOUNDATION

        For necessary expenses to carry out title V of the International
    Security and Development Cooperation Act of 1980 (Public Law

    [[Page 123 STAT. 853]]

    96-533), $32,500,000, to remain available until September 30, 2010:
    Provided, That funds made available to grantees may be invested pending
    expenditure for project purposes when authorized by the Board of
    Directors of the Foundation: Provided further, That interest earned
    shall be used only for the purposes for which the grant was
    made: <<NOTE: Waiver authority.>>  Provided further, That
    notwithstanding section 505(a)(2) of the African Development Foundation
    Act, in exceptional circumstances the Board of Directors of the
    Foundation may waive the $250,000 limitation contained in that section
    with respect to a project and a project may exceed the limitation by up
    to $10,000 if the increase is due solely to foreign currency
    fluctuation: <<NOTE: Reports.>>  Provided further, That the Foundation
    shall provide a report to the Committees on Appropriations after each
    time such waiver authority is exercised.

                           Department of the Treasury

                   International Affairs Technical Assistance

        For necessary expenses to carry out the provisions of section 129 of
    the Foreign Assistance Act of 1961, $25,000,000, to remain available
    until September 30, 2011, which shall be available notwithstanding any
    other provision of law.

                               Debt Restructuring

        For the cost, as defined in section 502 of the Congressional Budget
    Act of 1974, of modifying loans and loan guarantees, as the President
    may determine, for which funds have been appropriated or otherwise made
    available for programs within the International Affairs Budget Function
    150, including the cost of selling, reducing, or canceling amounts owed
    to the United States as a result of concessional loans made to eligible
    countries, pursuant to parts IV and V of the Foreign Assistance Act of
    1961, of modifying concessional credit agreements with least developed
    countries, as authorized under section 411 of the Agricultural Trade
    Development and Assistance Act of 1954, as amended, of concessional
    loans, guarantees and credit agreements, as authorized under section 572
    of the Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 1989 (Public Law 100-461), and of canceling amounts
    owed, as a result of loans or guarantees made pursuant to the Export-
    Import Bank Act of 1945, by countries that are eligible for debt
    reduction pursuant to title V of H.R. 3425 as enacted into law by
    section 1000(a)(5) of Public Law 106-113, $60,000,000, to remain
    available until September 30, 2011: Provided, That not less than
    $20,000,000 of the funds appropriated under this heading shall be made
    available to carry out the provisions of part V of the Foreign
    Assistance Act of 1961: Provided further, That amounts paid to the HIPC
    Trust Fund may be used only to fund debt reduction under the enhanced
    HIPC initiative by--
                (1) the Inter-American Development Bank;
                (2) the African Development Fund;
                (3) the African Development Bank; and
                (4) the Central American Bank for Economic Integration:

    Provided further, That <<NOTE: Human rights.>>  funds may not be paid to
    the HIPC Trust Fund for the benefit of any country if the Secretary of
    State has credible evidence that the government of such country is
    engaged

    [[Page 123 STAT. 854]]

    in a consistent pattern of gross violations of internationally
    recognized human rights or in military or civil conflict that undermines
    its ability to develop and implement measures to alleviate poverty and
    to devote adequate human and financial resources to that
    end: <<NOTE: Consultation.>>  Provided further, That on the basis of
    final appropriations, the Secretary of the Treasury shall consult with
    the Committees on Appropriations concerning which countries and
    international financial institutions are expected to benefit from a
    United States contribution to the HIPC Trust Fund during the fiscal
    year: <<NOTE: Notification. Deadline.>>  Provided further, That the
    Secretary of the Treasury shall notify the Committees on Appropriations
    not less than 15 days in advance of the signature of an agreement by the
    United States to make payments to the HIPC Trust Fund of amounts for
    such countries and institutions: Provided further, That the Secretary of
    the Treasury may disburse funds designated for debt reduction through
    the HIPC Trust Fund only for the benefit of countries that--
                (1) have committed, for a period of 24 months, not to accept
            new market-rate loans from the international financial
            institution receiving debt repayment as a result of such
            disbursement, other than loans made by such institutions to
            export-oriented commercial projects that generate foreign
            exchange which are generally referred to as ``enclave'' loans;
            and
                (2) have documented and demonstrated their commitment to
            redirect their budgetary resources from international debt
            repayments to programs to alleviate poverty and promote economic
            growth that are additional to or expand upon those previously
            available for such purposes:

    Provided further, That any limitation of subsection (e) of section 411
    of the Agricultural Trade Development and Assistance Act of 1954 shall
    not apply to funds appropriated under this heading: Provided further,
    That <<NOTE: Sudan. Burma. Determination. Notification.>>  none of the
    funds made available under this heading in this or any other
    appropriations Act shall be made available for Sudan or Burma unless the
    Secretary of the Treasury determines and notifies the Committees on
    Appropriations that a democratically elected government has taken
    office.

                                    TITLE IV

                        INTERNATIONAL SECURITY ASSISTANCE

                       Funds Appropriated to the President

                             peacekeeping operations

        For necessary expenses to carry out the provisions of section 551 of
    the Foreign Assistance Act of 1961, $250,200,000: Provided, That of the
    funds made available under this heading, not less than $25,000,000 shall
    be made available for a United States contribution to the Multinational
    Force and Observers mission in the Sinai: <<NOTE: Notification.>>
    Provided further, That none of the funds appropriated under this heading
    shall be obligated or expended except as provided through the regular
    notification procedures of the Committees on Appropriations.

    [[Page 123 STAT. 855]]

                  International Military Education and Training

        For necessary <<NOTE: Notification.>>  expenses to carry out the
    provisions of section 541 of the Foreign Assistance Act of 1961,
    $91,000,000, of which up to $4,000,000 may remain available until
    expended and may only be provided through the regular notification
    procedures of the Committees on Appropriations: Provided, That the
    civilian personnel for whom military education and training may be
    provided under this heading may include civilians who are not members of
    a government whose participation would contribute to improved civil-
    military relations, civilian control of the military, or respect for
    human rights: <<NOTE: Foreign countries. Notification.>>  Provided
    further, That funds made available under this heading for assistance for
    Haiti, Guatemala, the Democratic Republic of the Congo, Nigeria, Sri
    Lanka, Nepal, Ethiopia, Bangladesh, Libya, and Angola may only be
    provided through the regular notification procedures of the Committees
    on Appropriations and any such notification shall include a detailed
    description of proposed activities: Provided further, That of the funds
    appropriated under this heading, not to exceed $55,000 shall be
    available for entertainment allowances.

                       foreign military financing program

        For necessary expenses for grants to enable the President to carry
    out the provisions of section 23 of the Arms Export Control Act,
    $4,635,000,000: Provided, That of the funds appropriated under this
    heading, not less than $2,380,000,000 shall be available for grants only
    for Israel, and not less than $1,300,000,000 shall be made available for
    grants only for Egypt, including for border security programs and
    activities in the Sinai: <<NOTE: Israel. Deadline.>>  Provided further,
    That the funds appropriated by this paragraph for Israel shall be
    disbursed within 30 days of the enactment of this Act: Provided further,
    That to the extent that the Government of Israel requests that funds be
    used for such purposes, grants made available for Israel by this
    paragraph shall, as agreed by the United States and Israel, be available
    for advanced weapons systems, of which not less than $670,650,000 shall
    be available for the procurement in Israel of defense articles and
    defense services, including research and development: Provided further,
    That of the funds appropriated by this paragraph, $235,000,000 shall be
    made available for assistance for Jordan: Provided further, That of the
    funds appropriated under this heading, not more than $53,000,000 shall
    be available for Colombia, of which $12,500,000 is available to support
    maritime interdiction: <<NOTE: Pakistan.>>  Provided further, That funds
    appropriated under this heading for assistance for Pakistan may be made
    available only for border security, counter-terrorism and law
    enforcement activities directed against Al Qaeda, the Taliban and
    associated terrorist groups: Provided further, That none of the funds
    made available under this heading shall be made available to support or
    continue any program initially funded under the authority of section
    1206 of the National Defense Authorization Act for Fiscal Year 2006
    (Public Law 109-163; 119 Stat. 3456) unless the Secretary of State has
    previously justified such program to the Committees on Appropriations:
    Provided further, That funds appropriated or otherwise made available by
    this paragraph shall be nonrepayable notwithstanding any requirement in
    section 23 of the Arms Export Control

    [[Page 123 STAT. 856]]

    Act: Provided further, That funds made available under this paragraph
    shall be obligated upon apportionment in accordance with paragraph
    (5)(C) of title 31, United States Code, section 1501(a).

        None of the funds made available under this heading shall be
    available to finance the procurement of defense articles, defense
    services, or design and construction services that are not sold by the
    United States Government under the Arms Export Control Act unless the
    foreign country proposing to make such procurements has first signed an
    agreement with the United States Government specifying the conditions
    under which such procurements may be financed with such
    funds: <<NOTE: Notification.>>  Provided, That all country and funding
    level increases in allocations shall be submitted through the regular
    notification procedures of section 7015 of this Act: <<NOTE: Foreign
    countries. Notification.>>  Provided further, That none of the funds
    appropriated under this heading may be made available for assistance for
    Nepal, Sri Lanka, Pakistan, Bangladesh, Philippines, Indonesia, Bosnia
    and Herzegovina, Haiti, Guatemala, Ethiopia, and the Democratic Republic
    of the Congo except pursuant to the regular notification procedures of
    the Committees on Appropriations: Provided further, That funds made
    available under this heading may be used, notwithstanding any other
    provision of law, for demining, the clearance of unexploded ordnance,
    and related activities, and may include activities implemented through
    nongovernmental and international organizations: Provided further, That
    only those countries for which assistance was justified for the
    ``Foreign Military Sales Financing Program'' in the fiscal year 1989
    congressional presentation for security assistance programs may utilize
    funds made available under this heading for procurement of defense
    articles, defense services or design and construction services that are
    not sold by the United States Government under the Arms Export Control
    Act: Provided further, That funds appropriated under this heading shall
    be expended at the minimum rate necessary to make timely payment for
    defense articles and services: <<NOTE: Notification.>>  Provided
    further, That not more than $51,420,000 of the funds appropriated under
    this heading may be obligated for necessary expenses, including the
    purchase of passenger motor vehicles for replacement only for use
    outside of the United States, for the general costs of administering
    military assistance and sales, except that this limitation may be
    exceeded only through the regular notification procedures of the
    Committees on Appropriations: Provided further, That of the funds
    appropriated under this heading for general costs of administering
    military assistance and sales, not to exceed $4,000 shall be available
    for entertainment expenses and not to exceed $130,000 shall be available
    for representation allowances: <<NOTE: Notification.>>  Provided
    further, That not more than $470,000,000 of funds realized pursuant to
    section 21(e)(1)(A) of the Arms Export Control Act may be obligated for
    expenses incurred by the Department of Defense during fiscal year 2009
    pursuant to section 43(b) of the Arms Export Control Act, except that
    this limitation may be exceeded only through the regular notification
    procedures of the Committees on
    Appropriations: <<NOTE: Egypt. Deadline.>>  Provided further, That funds
    appropriated under this heading estimated to be outlayed for Egypt
    during fiscal year 2009 shall be transferred to an interest bearing
    account for Egypt in the Federal Reserve Bank of New York within 30 days
    of enactment of this Act.

    [[Page 123 STAT. 857]]

                                     TITLE V

                             MULTILATERAL ASSISTANCE

                       Funds Appropriated to the President

                    international organizations and programs

        For necessary expenses to carry out the provisions of section 301 of
    the Foreign Assistance Act of 1961, and of section 2 of the United
    Nations Environment Program Participation Act of 1973, $352,500,000:
    Provided, That section 307(a) of the Foreign Assistance Act of 1961
    shall not apply to contributions to the United Nations Democracy Fund.

                      international financial institutions

                           global environment facility

        For the United States contribution for the Global Environment
    Facility, $80,000,000, to the International Bank for Reconstruction and
    Development as trustee for the Global Environment Facility, by the
    Secretary of the Treasury, to remain available until expended.

            contribution to the international development association

        For payment to the International Development Association by the
    Secretary of the Treasury, $1,115,000,000, to remain available until
    expended.

    Contribution to the Enterprise for the Americas Multilateral Investment
                                      Fund

        For payment to the Enterprise for the Americas Multilateral
    Investment Fund by the Secretary of the Treasury, for the United States
    contribution to the fund, $25,000,000, to remain available until
    expended.

                   contribution to the asian development fund

        For the United States contribution by the Secretary of the Treasury
    to the increase in resources of the Asian Development Fund, as
    authorized by the Asian Development Bank Act, as amended, $105,000,000,
    to remain available until expended.

                  contribution to the african development fund

        For the United States contribution by the Secretary of the Treasury
    to the increase in resources of the African Development Fund,
    $150,000,000, to remain available until expended.

       contribution to the international fund for agricultural development

        For the United States contribution by the Secretary of the Treasury
    to increase the resources of the International Fund for Agricultural
    Development, $18,000,000, to remain available until expended.

    [[Page 123 STAT. 858]]

                                    TITLE VI

                        EXPORT AND INVESTMENT ASSISTANCE

                     Export-Import Bank of the United States

                                INSPECTOR GENERAL

        For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978, as
    amended, $2,500,000, to remain available until September 30, 2010.

                                 program account

        The Export-Import Bank of the United States is authorized to make
    such expenditures within the limits of funds and borrowing authority
    available to such corporation, and in accordance with law, and to make
    such contracts and commitments without regard to fiscal year
    limitations, as provided by section 104 of the Government Corporation
    Control Act, as may be necessary in carrying out the program for the
    current fiscal year for such corporation: Provided, That none of the
    funds available during the current fiscal year may be used to make
    expenditures, contracts, or commitments for the export of nuclear
    equipment, fuel, or technology to any country, other than a nuclear-
    weapon state as defined in Article IX of the Treaty on the Non-
    Proliferation of Nuclear Weapons eligible to receive economic or
    military assistance under this Act, that has detonated a nuclear
    explosive after the date of the enactment of this Act: <<NOTE: 12 USC
    635 note.>>  Provided further, That notwithstanding section 1(c) of
    Public Law 103-428, as amended, sections 1(a) and (b) of Public Law 103-
    428 shall remain in effect through October 1, 2009: Provided further,
    That not less than 10 percent of the aggregate loan, guarantee, and
    insurance authority available to the Export-Import Bank under this Act
    should be used for renewable energy technologies or energy efficient
    end-use technologies.

                              subsidy appropriation

        For the cost of direct loans, loan guarantees, insurance, and tied-
    aid grants as authorized by section 10 of the Export-Import Bank Act of
    1945, as amended, not to exceed $41,000,000: Provided, That such costs,
    including the cost of modifying such loans, shall be as defined in
    section 502 of the Congressional Budget Act of 1974: Provided further,
    That such funds shall remain available until September 30, 2024, for the
    disbursement of direct loans, loan guarantees, insurance and tied-aid
    grants obligated in fiscal years 2009, 2010, 2011, and
    2012: <<NOTE: Notification.>>  Provided further, That none of the funds
    appropriated by this Act or any prior Acts appropriating funds for the
    Department of State, foreign operations, and related programs for tied-
    aid credits or grants may be used for any other purpose except through
    the regular notification procedures of the Committees on Appropriations:
    Provided further, That funds appropriated by this paragraph are made
    available notwithstanding section 2(b)(2) of the Export-Import Bank Act
    of 1945, in connection with the purchase or lease of any product by any
    Eastern European country, any Baltic State or any agency or national
    thereof.

    [[Page 123 STAT. 859]]

                             administrative expenses

        For administrative expenses to carry out the direct and guaranteed
    loan and insurance programs, including hire of passenger motor vehicles
    and services as authorized by 5 U.S.C. 3109, and not to exceed $30,000
    for official reception and representation expenses for members of the
    Board of Directors, not to exceed $81,500,000: Provided, That the
    Export-Import Bank may accept, and use, payment or services provided by
    transaction participants for legal, financial, or technical services in
    connection with any transaction for which an application for a loan,
    guarantee or insurance commitment has been made: <<NOTE: 12 USC 635a
    note.>>  Provided further, That notwithstanding subsection (b) of
    section 117 of the Export Enhancement Act of 1992, subsection (a)
    thereof shall remain in effect until October 1, 2009.

                               receipts collected

        Receipts collected pursuant to the Export-Import Bank Act of 1945,
    as amended, and the Federal Credit Reform Act of 1990, as amended, in an
    amount not to exceed the amount appropriated herein, shall be credited
    as offsetting collections to this account: Provided, That the sums
    herein appropriated from the General Fund shall be reduced on a dollar-
    for-dollar basis by such offsetting collections so as to result in a
    final fiscal year appropriation from the General Fund estimated at $0:
    Provided further, That of amounts collected in fiscal year 2009 in
    excess of obligations, up to $75,000,000, shall become available on
    September 1, 2009 and shall remain available until September 30, 2012.

                     Overseas Private Investment Corporation

                                noncredit account

        The Overseas Private Investment Corporation is authorized to make,
    without regard to fiscal year limitations, as provided by 31 U.S.C.
    9104, such expenditures and commitments within the limits of funds
    available to it and in accordance with law as may be necessary:
    Provided, That the amount available for administrative expenses to carry
    out the credit and insurance programs (including an amount for official
    reception and representation expenses which shall not exceed $35,000)
    shall not exceed $50,600,000: Provided further, That project-specific
    transaction costs, including direct and indirect costs incurred in
    claims settlements, and other direct costs associated with services
    provided to specific investors or potential investors pursuant to
    section 234 of the Foreign Assistance Act of 1961, shall not be
    considered administrative expenses for the purposes of this heading.

                                 program account

        For the cost of direct and guaranteed loans, $29,000,000, as
    authorized by section 234 of the Foreign Assistance Act of 1961, to be
    derived by transfer from the Overseas Private Investment Corporation
    Noncredit Account: Provided, That such costs, including the cost of
    modifying such loans, shall be as defined in section 502 of the
    Congressional Budget Act of 1974: Provided further, That such sums shall
    be available for direct loan obligations and

    [[Page 123 STAT. 860]]

    loan guaranty commitments incurred or made during fiscal years 2009,
    2010, and 2011: Provided further, That funds so obligated in fiscal year
    2009 remain available for disbursement through 2017; funds obligated in
    fiscal year 2010 remain available for disbursement through 2018; and
    funds obligated in fiscal year 2011 remain available for disbursement
    through 2019: Provided further, That notwithstanding any other provision
    of law, the Overseas Private Investment Corporation is authorized to
    undertake any program authorized by title IV of the Foreign Assistance
    Act of 1961 in Iraq: <<NOTE: Notification.>>  Provided further, That
    funds made available pursuant to the authority of the previous proviso
    shall be subject to the regular notification procedures of the
    Committees on Appropriations.

        In addition, such sums as may be necessary for administrative
    expenses to carry out the credit program may be derived from amounts
    available for administrative expenses to carry out the credit and
    insurance programs in the Overseas Private Investment Corporation
    Noncredit Account and merged with said account.

                       Funds Appropriated to the President

                          trade and development agency

        For necessary expenses to carry out the provisions of section 661 of
    the Foreign Assistance Act of 1961, $50,800,000, to remain available
    until September 30, 2010.

                                    TITLE VII

                               GENERAL PROVISIONS

                          allowances and differentials

        Sec. 7001. Funds appropriated under title I of this Act shall be
    available, except as otherwise provided, for allowances and
    differentials as authorized by subchapter 59 of title 5, United States
    Code; for services as authorized by 5 U.S.C. 3109; and for hire of
    passenger transportation pursuant to 31 U.S.C. 1343(b).

                           unobligated balances report

        Sec. 7002. Any Department or Agency to which funds are appropriated
    or otherwise made available by this Act shall provide to the Committees
    on Appropriations a quarterly accounting of cumulative balances by
    program, project, and activity of the funds received by such Department
    or Agency in this fiscal year or any previous fiscal year that remain
    unobligated and unexpended.

                               consulting services

        Sec. 7003. <<NOTE: Contracts.>>  The expenditure of any
    appropriation under title I of this Act for any consulting service
    through procurement contract, pursuant to 5 U.S.C. 3109, shall be
    limited to those contracts where such expenditures are a matter of
    public record and available for public inspection, except where
    otherwise provided under existing law, or under existing Executive order
    issued pursuant to existing law.

    [[Page 123 STAT. 861]]

                              embassy construction

        Sec. 7004. (a) Of funds provided under title I of this Act, except
    as provided in subsection (b), a project to construct a diplomatic
    facility of the United States may not include office space or other
    accommodations for an employee of a Federal agency or department if the
    Secretary of State determines that such department or agency has not
    provided to the Department of State the full amount of funding required
    by subsection (e) of section 604 of the Secure Embassy Construction and
    Counterterrorism Act of 1999 (as enacted into law by section 1000(a)(7)
    of Public Law 106-113 and contained in appendix G of that Act; 113 Stat.
    1501A-453), as amended by section 629 of the Departments of Commerce,
    Justice, and State, the Judiciary, and Related Agencies Appropriations
    Act, 2005.
        (b) Notwithstanding the prohibition in subsection (a), a project to
    construct a diplomatic facility of the United States may include office
    space or other accommodations for members of the United States Marine
    Corps.

                                Personnel Actions

        Sec. 7005. Any costs incurred by a department or agency funded under
    title I of this Act resulting from personnel actions taken in response
    to funding reductions included in this Act shall be absorbed within the
    total budgetary resources available under title I to such department or
    agency: Provided, That the authority to transfer funds between
    appropriations accounts as may be necessary to carry out this section is
    provided in addition to authorities included elsewhere in this Act:
    Provided further, That use of funds to carry out this section shall be
    treated as a reprogramming of funds under section 7015 of this Act and
    shall not be available for obligation or expenditure except in
    compliance with the procedures set forth in that section.

                             CONSULAR AFFAIRS REFORM

        Sec. 7006. <<NOTE: Deadline. Certification. Reports.>>  Not later
    than 60 days after the enactment of this Act the Secretary of State
    shall certify and report to the Committees on Appropriations that the
    Department of State is implementing recommendations contained in the
    Office of Inspector General audit ``Review of Controls and Notification
    for Access to Passport Records in the Department of State's Passport
    Information Electronic Records System (PIERS)'' (AUD/IP-08-29), July
    2008.

            prohibition against direct funding for certain countries

        Sec. 7007. None of the funds appropriated or otherwise made
    available pursuant to titles III through VI of this Act shall be
    obligated or expended to finance directly any assistance or reparations
    for the governments of Cuba, North Korea, Iran, or Syria: Provided, That
    for purposes of this section, the prohibition on obligations or
    expenditures shall include direct loans, credits, insurance and
    guarantees of the Export-Import Bank or its agents.

                                 military coups

        Sec. 7008. None of the funds appropriated or otherwise made
    available pursuant to titles III through VI of this Act shall be

    [[Page 123 STAT. 862]]

    obligated or expended to finance directly any assistance to the
    government of any country whose duly elected head of government is
    deposed by military coup or
    decree: <<NOTE: President. Determination. Certification.>>  Provided,
    That assistance may be resumed to such government if the President
    determines and certifies to the Committees on Appropriations that
    subsequent to the termination of assistance a democratically elected
    government has taken office: Provided further, That the provisions of
    this section shall not apply to assistance to promote democratic
    elections or public participation in democratic
    processes: <<NOTE: Notification.>>  Provided further, That funds made
    available pursuant to the previous provisos shall be subject to the
    regular notification procedures of the Committees on Appropriations.

                               transfer authority

        Sec. 7009. (a) Department of State and Broadcasting Board of
    Governors.--Not to exceed 5 percent of any appropriation made available
    for the current fiscal year for the Department of State under title I of
    this Act may be transferred between such appropriations, but no such
    appropriation, except as otherwise specifically provided, shall be
    increased by more than 10 percent by any such transfers: Provided, That
    not to exceed 5 percent of any appropriation made available for the
    current fiscal year for the Broadcasting Board of Governors under title
    I of this Act may be transferred between such appropriations, but no
    such appropriation, except as otherwise specifically provided, shall be
    increased by more than 10 percent by any such transfers: Provided
    further, That any transfer pursuant to this section shall be treated as
    a reprogramming of funds under section 7015(a) and (b) of this Act and
    shall not be available for obligation or expenditure except in
    compliance with the procedures set forth in that section.
        (b) Export Financing Transfer Authorities.--Not to exceed 5 percent
    of any appropriation other than for administrative expenses made
    available for fiscal year 2009, for programs under title VI of this Act
    may be transferred between such appropriations for use for any of the
    purposes, programs, and activities for which the funds in such receiving
    account may be used, but no such appropriation, except as otherwise
    specifically provided, shall be increased by more than 25 percent by any
    such transfer: <<NOTE: Notification.>>  Provided, That the exercise of
    such authority shall be subject to the regular notification procedures
    of the Committees on Appropriations.

        (c)(1) Limitation on Transfers Between Agencies.--None of the funds
    made available under titles II through V of this Act may be transferred
    to any department, agency, or instrumentality of the United States
    Government, except pursuant to a transfer made by, or transfer authority
    provided in, this Act or any other appropriation Act.
        (2) Notwithstanding paragraph (1), in addition to transfers made by,
    or authorized elsewhere in, this Act, funds appropriated by this Act to
    carry out the purposes of the Foreign Assistance Act of 1961 may be
    allocated or transferred to agencies of the United States Government
    pursuant to the provisions of sections 109, 610, and 632 of the Foreign
    Assistance Act of 1961.
        (d) Transfers Between Accounts.--
    None <<NOTE: President. Notification.>>  of the funds made available
    under titles II through V of this Act may be obligated under an
    appropriation account to which they were not appropriated, except for
    transfers specifically provided for in this Act, unless the President
    provides notification in accordance with the

    [[Page 123 STAT. 863]]

    regular notification procedures of the Committees on Appropriations.

        (e) Audit of Inter-Agency Transfers.--Any agreement for the transfer
    or allocation of funds appropriated by this Act, or prior Acts, entered
    into between the United States Agency for International Development and
    another agency of the United States Government under the authority of
    section 632(a) of the Foreign Assistance Act of 1961 or any comparable
    provision of law, shall expressly provide that the Office of the
    Inspector General for the agency receiving the transfer or allocation of
    such funds shall perform periodic program and financial audits of the
    use of such funds: Provided, That funds transferred under such authority
    may be made available for the cost of such audits.

                              reporting requirement

        Sec. 7010. The Secretary of State shall provide the Committees on
    Appropriations, not later than April 1, 2009, and for each fiscal
    quarter, a report in writing on the uses of funds made available under
    the headings ``Foreign Military Financing Program'', ``International
    Military Education and Training'', and ``Peacekeeping Operations'':
    Provided, That such report shall include a description of the obligation
    and expenditure of funds, and the specific country in receipt of, and
    the use or purpose of the assistance provided by such funds.

                              availability of funds

        Sec. 7011. No part of any appropriation contained in this Act shall
    remain available for obligation after the expiration of the current
    fiscal year unless expressly so provided in this Act: Provided, That
    funds appropriated for the purposes of chapters 1, 8, 11, and 12 of part
    I, section 661, section 667, chapters 4, 5, 6, 8, and 9 of part II of
    the Foreign Assistance Act of 1961, section 23 of the Arms Export
    Control Act, and funds provided under the headings ``Assistance for
    Europe, Eurasia and Central Asia'' and ``Development Credit Authority'',
    shall remain available for an additional 4 years from the date on which
    the availability of such funds would otherwise have expired, if such
    funds are initially obligated before the expiration of their respective
    periods of availability contained in this Act: Provided further, That,
    notwithstanding any other provision of this Act, any funds made
    available for the purposes of chapter 1 of part I and chapter 4 of part
    II of the Foreign Assistance Act of 1961 which are allocated or
    obligated for cash disbursements in order to address balance of payments
    or economic policy reform objectives, shall remain available until
    expended.

                limitation on assistance to countries in default

        Sec. 7012. <<NOTE: President. Determination. Consultation.>>  No
    part of any appropriation provided under titles III through VI in this
    Act shall be used to furnish assistance to the government of any country
    which is in default during a period in excess of one calendar year in
    payment to the United States of principal or interest on any loan made
    to the government of such country by the United States pursuant to a
    program for which funds are appropriated under this Act unless the
    President

    [[Page 123 STAT. 864]]

    determines, following consultations with the Committees on
    Appropriations, that assistance to such country is in the national
    interest of the United States.

               prohibition on taxation of united states assistance

        Sec. 7013. (a) Prohibition on Taxation.--None of the funds
    appropriated under titles III through VI of this Act may be made
    available to provide assistance for a foreign country under a new
    bilateral agreement governing the terms and conditions under which such
    assistance is to be provided unless such agreement includes a provision
    stating that assistance provided by the United States shall be exempt
    from taxation, or reimbursed, by the foreign government, and the
    Secretary of State shall expeditiously seek to negotiate amendments to
    existing bilateral agreements, as necessary, to conform with this
    requirement.
        (b) Reimbursement of Foreign Taxes.--An amount equivalent to 200
    percent of the total taxes assessed during fiscal year 2009 on funds
    appropriated by this Act by a foreign government or entity against
    commodities financed under United States assistance programs for which
    funds are appropriated by this Act, either directly or through grantees,
    contractors and subcontractors shall be withheld from obligation from
    funds appropriated for assistance for fiscal year 2010 and allocated for
    the central government of such country and for the West Bank and Gaza
    program to the extent that the Secretary of State certifies and reports
    in writing to the Committees on Appropriations that such taxes have not
    been reimbursed to the Government of the United States.
        (c) De Minimis Exception.--Foreign taxes of a de minimis nature
    shall not be subject to the provisions of subsection (b).
        (d) Reprogramming of Funds.--Funds withheld from obligation for each
    country or entity pursuant to subsection (b) shall be reprogrammed for
    assistance to countries which do not assess taxes on United States
    assistance or which have an effective arrangement that is providing
    substantial reimbursement of such taxes.
        (e) Determinations.--
                (1) The provisions of this section shall not apply to any
            country or entity the Secretary of State determines--
                        (A) does not assess taxes on United States
                    assistance or which has an effective arrangement that is
                    providing substantial reimbursement of such taxes; or
                        (B) the foreign policy interests of the United
                    States outweigh the purpose of this section to ensure
                    that United States assistance is not subject to
                    taxation.
                (2) The Secretary of State shall consult with the Committees
            on Appropriations at least 15 days prior to exercising the
            authority of this subsection with regard to any country or
            entity.

        (f) Implementation.--The <<NOTE: Regulations.>>  Secretary of State
    shall issue rules, regulations, or policy guidance, as appropriate, to
    implement the prohibition against the taxation of assistance contained
    in this section.

        (g) Definitions.--As used in this section--
                (1) the terms ``taxes'' and ``taxation'' refer to value
            added taxes and customs duties imposed on commodities financed
            with United States assistance for programs for which funds are
            appropriated by this Act; and

    [[Page 123 STAT. 865]]

                (2) the term ``bilateral agreement'' refers to a framework
            bilateral agreement between the Government of the United States
            and the government of the country receiving assistance that
            describes the privileges and immunities applicable to United
            States foreign assistance for such country generally, or an
            individual agreement between the Government of the United States
            and such government that describes, among other things, the
            treatment for tax purposes that will be accorded the United
            States assistance provided under that agreement.

                              reservations of funds

        Sec. 7014. (a) Funds appropriated under titles II through VI of this
    Act which are specifically designated may be reprogrammed for other
    programs within the same account notwithstanding the designation if
    compliance with the designation is made impossible by operation of any
    provision of this or any other Act: <<NOTE: Notification.>>  Provided,
    That any such reprogramming shall be subject to the regular notification
    procedures of the Committees on Appropriations: Provided further, That
    assistance that is reprogrammed pursuant to this subsection shall be
    made available under the same terms and conditions as originally
    provided.

        (b) In <<NOTE: Determination. Reports.>>  addition to the authority
    contained in subsection (a), the original period of availability of
    funds appropriated by this Act and administered by the United States
    Agency for International Development that are specifically designated
    for particular programs or activities by this or any other Act shall be
    extended for an additional fiscal year if the Administrator of such
    agency determines and reports promptly to the Committees on
    Appropriations that the termination of assistance to a country or a
    significant change in circumstances makes it unlikely that such
    designated funds can be obligated during the original period of
    availability: Provided, That such designated funds that continue to be
    available for an additional fiscal year shall be obligated only for the
    purpose of such designation.

        (c) Ceilings and specifically designated funding levels contained in
    this Act shall not be applicable to funds or authorities appropriated or
    otherwise made available by any subsequent Act unless such Act
    specifically so directs: Provided, That specifically designated funding
    levels or minimum funding requirements contained in any other Act shall
    not be applicable to funds appropriated by this Act.

                     reprogramming notification requirements

        Sec. 7015. <<NOTE: Deadlines.>>  (a) None of the funds made
    available in title I of this Act, or in prior appropriations Acts to the
    agencies and departments funded by this Act that remain available for
    obligation or expenditure in fiscal year 2009, or provided from any
    accounts in the Treasury of the United States derived by the collection
    of fees or of currency reflows or other offsetting collections, or made
    available by transfer, to the agencies and departments funded by this
    Act, shall be available for obligation or expenditure through a
    reprogramming of funds that: (1) creates new programs; (2) eliminates a
    program, project, or activity; (3) increases funds or personnel by any
    means for any project or activity for which funds have been denied or
    restricted; (4) relocates an office or employees; (5) closes or opens a
    mission or post; (6) reorganizes or renames offices;

    [[Page 123 STAT. 866]]

    (7) reorganizes programs or activities; or (8) contracts out or
    privatizes any functions or activities presently performed by Federal
    employees; unless the Committees on Appropriations are notified 15 days
    in advance of such reprogramming of funds.

        (b) For the purposes of providing the executive branch with the
    necessary administrative flexibility, none of the funds provided under
    title I of this Act, or provided under previous appropriations Acts to
    the agency or department funded under title I of this Act that remain
    available for obligation or expenditure in fiscal year 2009, or provided
    from any accounts in the Treasury of the United States derived by the
    collection of fees available to the agency or department funded by title
    I of this Act, shall be available for obligation or expenditure for
    activities, programs, or projects through a reprogramming of funds in
    excess of $750,000 or 10 percent, whichever is less, that: (1) augments
    existing programs, projects, or activities; (2) reduces by 10 percent
    funding for any existing program, project, or activity, or numbers of
    personnel by 10 percent as approved by Congress; or (3) results from any
    general savings, including savings from a reduction in personnel, which
    would result in a change in existing programs, activities, or projects
    as approved by Congress; unless the Committees on Appropriations are
    notified 15 days in advance of such reprogramming of funds.
        (c) For the purposes of providing the executive branch with the
    necessary administrative flexibility, none of the funds made available
    under titles II through V in this Act under the headings ``Global Health
    and Child Survival'', ``Development Assistance'', ``International
    Organizations and Programs'', ``Trade and Development Agency'',
    ``International Narcotics Control and Law Enforcement'', ``Andean
    Counterdrug Programs'', ``Assistance for Europe, Eurasia and Central
    Asia'', ``Economic Support Fund'', ``Democracy Fund'', ``Peacekeeping
    Operations'', ``Capital Investment Fund'', ``Operating Expenses'',
    ``Office of Inspector General'', ``Nonproliferation, Anti-terrorism,
    Demining and Related Programs'', ``Millennium Challenge Corporation'',
    ``Foreign Military Financing Program'', ``International Military
    Education and Training'', ``Peace Corps'', and ``Migration and Refugee
    Assistance'', shall be available for obligation for activities,
    programs, projects, type of materiel assistance, countries, or other
    operations not justified or in excess of the amount justified to the
    Committees on Appropriations for obligation under any of these specific
    headings unless the Committees on Appropriations are previously notified
    15 days in advance: Provided, That <<NOTE: President.>>  the President
    shall not enter into any commitment of funds appropriated for the
    purposes of section 23 of the Arms Export Control Act for the provision
    of major defense equipment, other than conventional ammunition, or other
    major defense items defined to be aircraft, ships, missiles, or combat
    vehicles, not previously justified to Congress or 20 percent in excess
    of the quantities justified to Congress unless the Committees on
    Appropriations are notified 15 days in advance of such commitment:
    Provided further, That this subsection shall not apply to any
    reprogramming for an activity, program, or project for which funds are
    appropriated under titles II through IV of this Act of less than 10
    percent of the amount previously justified to the Congress for
    obligation for such activity, program, or project for the current fiscal
    year.

        (d) Notwithstanding <<NOTE: Audits.>>  any other provision of law,
    funds transferred by the Department of Defense to the Department of
    State and the United States Agency for International Development, and

    [[Page 123 STAT. 867]]

    funds made available for programs authorized by section 1206 of the
    National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-
    163), shall be subject to the regular notification procedures of the
    Committees on Appropriations, and the agency receiving the transfer or
    allocation shall perform periodic program financial audits of the use of
    such funds and such funds may be made available for the cost of such
    audits.

        (e) The <<NOTE: Waiver authority.>>  requirements of this section or
    any similar provision of this Act or any other Act, including any prior
    Act requiring notification in accordance with the regular notification
    procedures of the Committees on Appropriations, may be waived if failure
    to do so would pose a substantial risk to human health or welfare:
    Provided, That in case of any such waiver, notification to the Congress,
    or the appropriate congressional committees, shall be provided as early
    as practicable, but in no event later than 3 days after taking the
    action to which such notification requirement was applicable, in the
    context of the circumstances necessitating such
    waiver: <<NOTE: Explanation.>>  Provided further, That any notification
    provided pursuant to such a waiver shall contain an explanation of the
    emergency circumstances.

        (f) None <<NOTE: Foreign countries.>>  of the funds appropriated
    under titles III through VI of this Act shall be obligated or expended
    for assistance for Serbia, Sudan, Zimbabwe, Pakistan, Dominican
    Republic, Cuba, Iran, Haiti, Libya, Ethiopia, Nepal, Mexico, or Cambodia
    and countries listed in section 7045(f)(4) of this Act except as
    provided through the regular notification procedures of the Committees
    on Appropriations.

                    notification on excess defense equipment

        Sec. 7016. Prior to providing excess Department of Defense articles
    in accordance with section 516(a) of the Foreign Assistance Act of 1961,
    the Department of Defense shall notify the Committees on Appropriations
    to the same extent and under the same conditions as other committees
    pursuant to subsection (f) of that section: Provided, That before
    issuing a letter of offer to sell excess defense articles under the Arms
    Export Control Act, the Department of Defense shall notify the
    Committees on Appropriations in accordance with the regular notification
    procedures of such Committees if such defense articles are significant
    military equipment (as defined in section 47(9) of the Arms Export
    Control Act) or are valued (in terms of original acquisition cost) at
    $7,000,000 or more, or if notification is required elsewhere in this Act
    for the use of appropriated funds for specific countries that would
    receive such excess defense articles: Provided further, That such
    Committees shall also be informed of the original acquisition cost of
    such defense articles.

    limitation on availability of funds for international organizations and
                                    programs

        Sec. 7017. <<NOTE: Notification.>>  Subject to the regular
    notification procedures of the Committees on Appropriations, funds
    appropriated under titles III through VI of this Act or any previously
    enacted Act making appropriations for the Department of State, foreign
    operations, and related programs, which are returned or not made
    available for

    [[Page 123 STAT. 868]]

    organizations and programs because of the implementation of section
    307(a) of the Foreign Assistance Act of 1961, shall remain available for
    obligation until September 30, 2010.

       prohibition on funding for abortions and involuntary sterilization

        Sec. 7018. None of the funds made available to carry out part I of
    the Foreign Assistance Act of 1961, as amended, may be used to pay for
    the performance of abortions as a method of family planning or to
    motivate or coerce any person to practice abortions. None of the funds
    made available to carry out part I of the Foreign Assistance Act of
    1961, as amended, may be used to pay for the performance of involuntary
    sterilization as a method of family planning or to coerce or provide any
    financial incentive to any person to undergo sterilizations. None of the
    funds made available to carry out part I of the Foreign Assistance Act
    of 1961, as amended, may be used to pay for any biomedical research
    which relates in whole or in part, to methods of, or the performance of,
    abortions or involuntary sterilization as a means of family planning.
    None <<NOTE: President. Certification.>>  of the funds made available to
    carry out part I of the Foreign Assistance Act of 1961, as amended, may
    be obligated or expended for any country or organization if the
    President certifies that the use of these funds by any such country or
    organization would violate any of the above provisions related to
    abortions and involuntary sterilizations.

                                   allocations

        Sec. 7019. (a) Funds provided in this Act for the following accounts
    shall be made available for programs and countries in the amounts
    contained in the respective tables included in the explanatory statement
    described in section 4 (in the matter preceding division A of this
    consolidated Act):
                ``Educational and Cultural Exchange Programs''.
                ``International Fisheries Commissions''.
                ``International Broadcasting Operations''.
                ``Global Health and Child Survival''.
                ``Development Assistance''.
                ``Economic Support Fund''.
                ``Assistance for Europe, Eurasia and Central Asia''.
                ``Andean Counterdrug Programs''.
                ``Nonproliferation, Anti-terrorism, Demining and Related
            Programs''.
                ``Foreign Military Financing Program''.
                ``International Organizations and Programs''.

        (b) For <<NOTE: Notification.>>  the purposes of implementing this
    section and only with respect to the tables included in the explanatory
    statement described in section 4 (in the matter preceding division A of
    this consolidated Act), the Secretary of State, Administrator of the
    United States Agency for International Development and the Broadcasting
    Board of Governors, as appropriate, may propose deviations to the
    amounts referenced in subsection (a), subject to the regular
    notification procedures of the Committees on Appropriations and section
    634A of the Foreign Assistance Act of 1961.

        (c) The requirements contained in subsection (a) shall apply to the
    table under the headings ``Bilateral Economic Assistance'' and ``General
    Provisions'' in such explanatory statement.

    [[Page 123 STAT. 869]]

                   prohibition of payment of certain expenses

        Sec. 7020. None of the funds appropriated or otherwise made
    available by this Act under the headings ``International Military
    Education and Training'' or ``Foreign Military Financing Program'' for
    Informational Program activities or under the headings ``Global Health
    and Child Survival'', ``Development Assistance'', and ``Economic Support
    Fund'' may be obligated or expended to pay for--
                (1) alcoholic beverages; or
                (2) entertainment expenses for activities that are
            substantially of a recreational character, including but not
            limited to entrance fees at sporting events, theatrical and
            musical productions, and amusement parks.

      prohibition on assistance to foreign governments that export lethal
       military equipment to countries supporting international terrorism

        Sec. 7021. <<NOTE: President.>>  (a) None of the funds appropriated
    or otherwise made available by titles III through VI of this Act may be
    available to any foreign government which provides lethal military
    equipment to a country the government of which the Secretary of State
    has determined is a government that supports international terrorism for
    purposes of section 6(j) of the Export Administration Act of
    1979. <<NOTE: Termination date.>>  The prohibition under this section
    with respect to a foreign government shall terminate 12 months after
    that government ceases to provide such military
    equipment. <<NOTE: Applicability.>>  This section applies with respect
    to lethal military equipment provided under a contract entered into
    after October 1, 1997.

        (b) Assistance <<NOTE: Determination.>>  restricted by subsection
    (a) or any other similar provision of law, may be furnished if the
    President determines that furnishing such assistance is important to the
    national interests of the United States.

        (c) Whenever <<NOTE: Reports.>>  the President makes a determination
    pursuant to subsection (b), the President shall submit to the
    appropriate congressional committees a report with respect to the
    furnishing of such assistance. Any such report shall include a detailed
    explanation of the assistance to be provided, including the estimated
    dollar amount of such assistance, and an explanation of how the
    assistance furthers United States national interests.

           prohibition on bilateral assistance to terrorist countries

        Sec. 7022. <<NOTE: President. Determination.>>  (a) Funds
    appropriated for bilateral assistance under any heading in titles III
    through VI of this Act and funds appropriated under any such heading in
    a provision of law enacted prior to the enactment of this Act, shall not
    be made available to any country which the President determines--
                (1) grants sanctuary from prosecution to any individual or
            group which has committed an act of international terrorism; or
                (2) otherwise supports international terrorism.

        (b) The <<NOTE: Waiver authority. Determination. Federal Register,
    publication. Deadline. Notification.>>  President may waive the
    application of subsection (a) to a country if the President determines
    that national security or humanitarian reasons justify such waiver. The
    President shall publish each waiver in the Federal Register and, at
    least 15 days before the waiver takes effect, shall notify the
    Committees on Appropriations of the waiver (including the justification
    for the waiver)

    [[Page 123 STAT. 870]]

    in accordance with the regular notification procedures of the Committees
    on Appropriations.

                           authorization requirements

        Sec. 7023. Funds appropriated by this Act, except funds appropriated
    under the heading ``Trade and Development Agency'', may be obligated and
    expended notwithstanding section 10 of Public Law 91-672, section 15 of
    the State Department Basic Authorities Act of 1956, section 313 of the
    Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public
    Law 103-236), and section 504(a)(1) of the National Security Act of 1947
    (50 U.S.C. 414(a)(1)).

                  definition of program, project, and activity

        Sec. 7024. <<NOTE: Reports. Deadline.>>  For the purpose of titles
    II through VI of this Act ``program, project, and activity'' shall be
    defined at the appropriations Act account level and shall include all
    appropriations and authorizations Acts funding directives, ceilings, and
    limitations with the exception that for the following accounts:
    ``Economic Support Fund'' and ``Foreign Military Financing Program'',
    ``program, project, and activity'' shall also be considered to include
    country, regional, and central program level funding within each such
    account; for the development assistance accounts of the United States
    Agency for International Development ``program, project, and activity''
    shall also be considered to include central, country, regional, and
    program level funding, either as: (1) justified to the Congress; or (2)
    allocated by the executive branch in accordance with a report, to be
    provided to the Committees on Appropriations within 30 days of the
    enactment of this Act, as required by section 653(a) of the Foreign
    Assistance Act of 1961.

     authorities for the peace corps, inter-american foundation and african
                             development foundation

        Sec. 7025. Unless expressly provided to the contrary, provisions of
    this or any other Act, including provisions contained in prior Acts
    authorizing or making appropriations for the Department of State,
    foreign operations, and related programs, shall not be construed to
    prohibit activities authorized by or conducted under the Peace Corps
    Act, the Inter-American Foundation Act or the African Development
    Foundation Act. <<NOTE: Reports.>>  The agency shall promptly report to
    the Committees on Appropriations whenever it is conducting activities or
    is proposing to conduct activities in a country for which assistance is
    prohibited.

                     commerce, trade and surplus commodities

        Sec. 7026. (a) None of the funds appropriated or made available
    pursuant to titles III through VI of this Act for direct assistance and
    none of the funds otherwise made available to the Export-Import Bank and
    the Overseas Private Investment Corporation shall be obligated or
    expended to finance any loan, any assistance or any other financial
    commitments for establishing or expanding production of any commodity
    for export by any country other than the United States, if the commodity
    is likely to be in surplus on world markets at the time the resulting
    productive capacity is expected to become operative and if the
    assistance will cause

    [[Page 123 STAT. 871]]

    substantial injury to United States producers of the same, similar, or
    competing commodity: Provided, That such prohibition shall not apply to
    the Export-Import Bank if in the judgment of its Board of Directors the
    benefits to industry and employment in the United States are likely to
    outweigh the injury to United States producers of the same, similar, or
    competing commodity, and the Chairman of the Board so notifies the
    Committees on Appropriations.
        (b) None of the funds appropriated by this or any other Act to carry
    out chapter 1 of part I of the Foreign Assistance Act of 1961 shall be
    available for any testing or breeding feasibility study, variety
    improvement or introduction, consultancy, publication, conference, or
    training in connection with the growth or production in a foreign
    country of an agricultural commodity for export which would compete with
    a similar commodity grown or produced in the United States: Provided,
    That this subsection shall not prohibit--
                (1) activities designed to increase food security in
            developing countries where such activities will not have a
            significant impact on the export of agricultural commodities of
            the United States; or
                (2) research activities intended primarily to benefit
            American producers.

        (c) The <<NOTE: 22 USC 262h note.>>  Secretary of the Treasury shall
    instruct the United States Executive Directors of the International Bank
    for Reconstruction and Development, the International Development
    Association, the International Finance Corporation, the Inter-American
    Development Bank, the International Monetary Fund, the Asian Development
    Bank, the Inter-American Investment Corporation, the North American
    Development Bank, the European Bank for Reconstruction and Development,
    the African Development Bank, and the African Development Fund to use
    the voice and vote of the United States to oppose any assistance by
    these institutions, using funds appropriated or made available pursuant
    to titles III through VI of this Act, for the production or extraction
    of any commodity or mineral for export, if it is in surplus on world
    markets and if the assistance will cause substantial injury to United
    States producers of the same, similar, or competing commodity.

                                separate accounts

        Sec. 7027. <<NOTE: 22 USC 2362 note.>>  (a) Separate Accounts for
    Local Currencies.--
                (1) If assistance is furnished to the government of a
            foreign country under chapters 1 and 10 of part I or chapter 4
            of part II of the Foreign Assistance Act of 1961 under
            agreements which result in the generation of local currencies of
            that country, the Administrator of the United States Agency for
            International Development shall--
                        (A) require that local currencies be deposited in a
                    separate account established by that government;
                        (B) enter into an agreement with that government
                    which sets forth--
                              (i) the amount of the local currencies to be
                          generated; and
                              (ii) the terms and conditions under which the
                          currencies so deposited may be utilized,
                          consistent with this section; and

    [[Page 123 STAT. 872]]

                        (C) establish by agreement with that government the
                    responsibilities of the United States Agency for
                    International Development and that government to monitor
                    and account for deposits into and disbursements from the
                    separate account.
                (2) Uses of local currencies.--As may be agreed upon with
            the foreign government, local currencies deposited in a separate
            account pursuant to subsection (a), or an equivalent amount of
            local currencies, shall be used only--
                        (A) to carry out chapter 1 or 10 of part I or
                    chapter 4 of part II (as the case may be), for such
                    purposes as--
                              (i) project and sector assistance activities;
                          or
                              (ii) debt and deficit financing; or
                        (B) for the administrative requirements of the
                    United States Government.
                (3) Programming accountability.--The United States Agency
            for International Development shall take all necessary steps to
            ensure that the equivalent of the local currencies disbursed
            pursuant to subsection (a)(2)(A) from the separate account
            established pursuant to subsection (a)(1) are used for the
            purposes agreed upon pursuant to subsection (a)(2).
                (4) Termination of assistance programs.--Upon termination of
            assistance to a country under chapter 1 or 10 of part I or
            chapter 4 of part II (as the case may be), any unencumbered
            balances of funds which remain in a separate account established
            pursuant to subsection (a) shall be disposed of for such
            purposes as may be agreed to by the government of that country
            and the United States Government.
                (5) Reporting requirement.--The Administrator of the United
            States Agency for International Development shall report on an
            annual basis as part of the justification documents submitted to
            the Committees on Appropriations on the use of local currencies
            for the administrative requirements of the United States
            Government as authorized in subsection (a)(2)(B), and such
            report shall include the amount of local currency (and United
            States dollar equivalent) used and/or to be used for such
            purpose in each applicable country.

        (b) Separate Accounts for Cash Transfers.--
                (1) If assistance is made available to the government of a
            foreign country, under chapter 1 or 10 of part I or chapter 4 of
            part II of the Foreign Assistance Act of 1961, as cash transfer
            assistance or as nonproject sector assistance, that country
            shall be required to maintain such funds in a separate account
            and not commingle them with any other funds.
                (2) Applicability of other provisions of law.--Such funds
            may be obligated and expended notwithstanding provisions of law
            which are inconsistent with the nature of this assistance
            including provisions which are referenced in the Joint
            Explanatory Statement of the Committee of Conference
            accompanying House Joint Resolution 648 (House Report No. 98-
            1159).
                (3) Notification.--At least <<NOTE: Deadline. President.>>
            15 days prior to obligating any such cash transfer or nonproject
            sector assistance, the President shall submit a notification
            through the regular notification procedures of the Committees on
            Appropriations, which shall include a detailed description of
            how the funds proposed to be made available will be used, with a
            discussion

    [[Page 123 STAT. 873]]

            of the United States interests that will be served by the
            assistance (including, as appropriate, a description of the
            economic policy reforms that will be promoted by such
            assistance).
                (4) Exemption.--Nonproject sector assistance funds may be
            exempt from the requirements of subsection (b)(1) only through
            the notification procedures of the Committees on Appropriations.

                           eligibility for assistance

        Sec. 7028. (a) Assistance Through Nongovernmental Organizations.--
    Restrictions contained in this or any other Act with respect to
    assistance for a country shall not be construed to restrict assistance
    in support of programs of nongovernmental organizations from funds
    appropriated by this Act to carry out the provisions of chapters 1, 10,
    11, and 12 of part I and chapter 4 of part II of the Foreign Assistance
    Act of 1961, and from funds appropriated under the heading ``Assistance
    for Europe, Eurasia and Central
    Asia'': <<NOTE: President. Notification.>>  Provided, That before using
    the authority of this subsection to furnish assistance in support of
    programs of nongovernmental organizations, the President shall notify
    the Committees on Appropriations under the regular notification
    procedures of those committees, including a description of the program
    to be assisted, the assistance to be provided, and the reasons for
    furnishing such assistance: <<NOTE: Abortion. Sterilization.>>  Provided
    further, That nothing in this subsection shall be construed to alter any
    existing statutory prohibitions against abortion or involuntary
    sterilizations contained in this or any other Act.

        (b) Public Law 480.--During fiscal year 2009, restrictions contained
    in this or any other Act with respect to assistance for a country shall
    not be construed to restrict assistance under the Agricultural Trade
    Development and Assistance Act of 1954: Provided, That none of the funds
    appropriated to carry out title I of such Act and made available
    pursuant to this subsection may be obligated or expended except as
    provided through the regular notification procedures of the Committees
    on Appropriations.
        (c) Exception.--This section shall not apply--
                (1) with respect to section 620A of the Foreign Assistance
            Act of 1961 or any comparable provision of law prohibiting
            assistance to countries that support international terrorism; or
                (2) with respect to section 116 of the Foreign Assistance
            Act of 1961 or any comparable provision of law prohibiting
            assistance to the government of a country that violates
            internationally recognized human rights.

                       impact on jobs in the united states

        Sec. 7029. None of the funds appropriated under titles III through
    VI of this Act may be obligated or expended to provide--
                (1) any financial incentive to a business enterprise
            currently located in the United States for the purpose of
            inducing such an enterprise to relocate outside the United
            States if such incentive or inducement is likely to reduce the
            number of employees of such business enterprise in the United
            States because United States production is being replaced by
            such enterprise outside the United States; or

    [[Page 123 STAT. 874]]

                (2) assistance for any program, project, or activity that
            contributes to the violation of internationally recognized
            workers rights, as defined in section 507(4) of the Trade Act of
            1974, of workers in the recipient country, including any
            designated zone or area in that country: Provided, That the
            application of section 507(4)(D) and (E) of such Act should be
            commensurate with the level of development of the recipient
            country and sector, and shall not preclude assistance for the
            informal sector in such country, micro and small-scale
            enterprise, and smallholder agriculture.

                      international financial institutions

        Sec. 7030. (a) None of the funds appropriated in title V of this Act
    may be made as payment to any international financial institution while
    the United States Executive Director to such institution is compensated
    by the institution at a rate which, together with whatever compensation
    such Director receives from the United States, is in excess of the rate
    provided for an individual occupying a position at level IV of the
    Executive Schedule under section 5315 of title 5, United States Code, or
    while any alternate United States Director to such institution is
    compensated by the institution at a rate in excess of the rate provided
    for an individual occupying a position at level V of the Executive
    Schedule under section 5316 of title 5, United States Code.
        (b) The Secretary of the Treasury shall instruct the United States
    Executive Director at each international financial institution to oppose
    any loan, grant, strategy or policy of these institutions that would
    require user fees or service charges on poor people for primary
    education or primary healthcare, including prevention, care and
    treatment for HIV/AIDS, malaria, tuberculosis, and infant, child, and
    maternal well-being, in connection with the institutions' financing
    programs.
        (c) The Secretary of the Treasury shall instruct the United States
    Executive Director at the International Monetary Fund to use the voice
    and vote of the United States to oppose any loan, project, agreement,
    memorandum, instrument, or other program of the International Monetary
    Fund that would not exempt increased government spending on health care
    or education from national budget caps or restraints, hiring or wage
    bill ceilings or other limits imposed by the International Monetary Fund
    in Heavily Indebted Poor Countries.
        (d) For purposes of this section ``international financial
    institutions'' are the International Bank for Reconstruction and
    Development, the Inter-American Development Bank, the Asian Development
    Bank, the Asian Development Fund, the African Development Bank, the
    African Development Fund, the International Monetary Fund, the North
    American Development Bank, and the European Bank for Reconstruction and
    Development.

                              debt-for-development

        Sec. 7031. <<NOTE: Notification.>>  In order to enhance the
    continued participation of nongovernmental organizations in debt-for-
    development and debt-for-nature exchanges, a nongovernmental
    organization which is a grantee or contractor of the United States
    Agency for International Development may place in interest bearing
    accounts local currencies which accrue to that organization as a result
    of economic assistance

    [[Page 123 STAT. 875]]

    provided under title III of this Act and, subject to the regular
    notification procedures of the Committees on Appropriations, any
    interest earned on such investment shall be used for the purpose for
    which the assistance was provided to that organization.

                  Authority to Engage in Debt Buybacks or Sales

        Sec. 7032. (a) Loans Eligible for Sale, Reduction, or
    Cancellation.--
                (1) Authority to sell, reduce, or cancel certain loans.--
            Notwithstanding any other provision of law, the President may,
            in accordance with this section, sell to any eligible purchaser
            any concessional loan or portion thereof made before January 1,
            1995, pursuant to the Foreign Assistance Act of 1961, to the
            government of any eligible country as defined in section 702(6)
            of that Act or on receipt of payment from an eligible purchaser,
            reduce or cancel such loan or portion thereof, only for the
            purpose of facilitating--
                        (A) debt-for-equity swaps, debt-for-development
                    swaps, or debt-for-nature swaps; or
                        (B) a debt buyback by an eligible country of its own
                    qualified debt, only if the eligible country uses an
                    additional amount of the local currency of the eligible
                    country, equal to not less than 40 percent of the price
                    paid for such debt by such eligible country, or the
                    difference between the price paid for such debt and the
                    face value of such debt, to support activities that link
                    conservation and sustainable use of natural resources
                    with local community development, and child survival and
                    other child development, in a manner consistent with
                    sections 707 through 710 of the Foreign Assistance Act
                    of 1961, if the sale, reduction, or cancellation would
                    not contravene any term or condition of any prior
                    agreement relating to such loan.
                (2) Terms and conditions.--
            Notwithstanding <<NOTE: President.>>  any other provision of
            law, the President shall, in accordance with this section,
            establish the terms and conditions under which loans may be
            sold, reduced, or canceled pursuant to this section.
                (3) Administration.--The <<NOTE: Notification.>>  Facility,
            as defined in section 702(8) of the Foreign Assistance Act of
            1961, shall notify the administrator of the agency primarily
            responsible for administering part I of the Foreign Assistance
            Act of 1961 of purchasers that the President has determined to
            be eligible, and shall direct such agency to carry out the sale,
            reduction, or cancellation of a loan pursuant to this section.
            Such agency shall make adjustment in its accounts to reflect the
            sale, reduction, or cancellation.
                (4) Limitation.--The authorities of this subsection shall be
            available only to the extent that appropriations for the cost of
            the modification, as defined in section 502 of the Congressional
            Budget Act of 1974, are made in advance.

        (b) Deposit of Proceeds.--The proceeds from the sale, reduction, or
    cancellation of any loan sold, reduced, or canceled pursuant to this
    section shall be deposited in the United States Government account or
    accounts established for the repayment of such loan.
        (c) Eligible Purchasers.--A loan may be sold pursuant to subsection
    (a)(1)(A) only to a purchaser who presents plans satisfactory to the
    President for using the loan for the purpose of engaging

    [[Page 123 STAT. 876]]

    in debt-for-equity swaps, debt-for-development swaps, or debt-for-nature
    swaps.
        (d) Debtor Consultations.--Before the sale to any eligible
    purchaser, or any reduction or cancellation pursuant to this section, of
    any loan made to an eligible country, the President should consult with
    the country concerning the amount of loans to be sold, reduced, or
    canceled and their uses for debt-for-equity swaps, debt-for-development
    swaps, or debt-for-nature swaps.
        (e) Availability of Funds.--The authority provided by subsection (a)
    may be used only with regard to funds appropriated by this Act under the
    heading ``Debt Restructuring''.

                       Special Debt Relief for the Poorest

        Sec. 7033. (a) Authority to Reduce Debt.--The President may reduce
    amounts owed to the United States (or any agency of the United States)
    by an eligible country as a result of--
                (1) guarantees issued under sections 221 and 222 of the
            Foreign Assistance Act of 1961;
                (2) credits extended or guarantees issued under the Arms
            Export Control Act; or
                (3) any obligation or portion of such obligation, to pay for
            purchases of United States agricultural commodities guaranteed
            by the Commodity Credit Corporation under export credit
            guarantee programs authorized pursuant to section 5(f) of the
            Commodity Credit Corporation Charter Act of June 29, 1948, as
            amended, section 4(b) of the Food for Peace Act of 1966, as
            amended (Public Law 89-808), or section 202 of the Agricultural
            Trade Act of 1978, as amended (Public Law 95-501).

        (b) Limitations.--
                (1) The authority provided by subsection (a) may be
            exercised only to implement multilateral official debt relief
            and referendum agreements, commonly referred to as ``Paris Club
            Agreed Minutes''.
                (2) The authority provided by subsection (a) may be
            exercised only in such amounts or to such extent as is provided
            in advance by appropriations Acts.
                (3) The authority provided by subsection (a) may be
            exercised only with respect to countries with heavy debt burdens
            that are eligible to borrow from the International Development
            Association, but not from the International Bank for
            Reconstruction and Development, commonly referred to as ``IDA-
            only'' countries.

        (c) Conditions.--The authority provided by subsection (a) may be
    exercised only with respect to a country whose government--
                (1) does not have an excessive level of military
            expenditures;
                (2) has not repeatedly provided support for acts of
            international terrorism;
                (3) is not failing to cooperate on international narcotics
            control matters;
                (4) (including its military or other security forces) does
            not engage in a consistent pattern of gross violations of
            internationally recognized human rights; and
                (5) is not ineligible for assistance because of the
            application of section 527 of the Foreign Relations
            Authorization Act, Fiscal Years 1994 and 1995.

    [[Page 123 STAT. 877]]

        (d) Availability of Funds.--The authority provided by subsection (a)
    may be used only with regard to the funds appropriated by this Act under
    the heading ``Debt Restructuring''.
        (e) Certain Prohibitions Inapplicable.--A reduction of debt pursuant
    to subsection (a) shall not be considered assistance for the purposes of
    any provision of law limiting assistance to a country. The authority
    provided by subsection (a) may be exercised notwithstanding section
    620(r) of the Foreign Assistance Act of 1961 or section 321 of the
    International Development and Food Assistance Act of 1975.

                               special authorities

        Sec. 7034. (a) <<NOTE: Notification.>>  Afghanistan, Iraq, Pakistan,
    Lebanon, Montenegro, Victims of War, Displaced Children, and Displaced
    Burmese.--Funds appropriated under titles III through VI of this Act
    that are made available for assistance for Afghanistan may be made
    available notwithstanding section 7012 of this Act or any similar
    provision of law and section 660 of the Foreign Assistance Act of 1961,
    and funds appropriated in titles III and VI of this Act that are made
    available for Iraq, Lebanon, Montenegro, Pakistan, and for victims of
    war, displaced children, and displaced Burmese, and to assist victims of
    trafficking in persons and, subject to the regular notification
    procedures of the Committees on Appropriations, to combat such
    trafficking, may be made available notwithstanding any other provision
    of law.

        (b)(1) Waiver.--
    The <<NOTE: President. Determination. Certification.>>  President may
    waive the provisions of section 1003 of Public Law 100-204 if the
    President determines and certifies in writing to the Speaker of the
    House of Representatives and the President pro tempore of the Senate
    that it is important to the national security interests of the United
    States.

        (2) Period of Application of Waiver.--Any waiver pursuant to
    paragraph (1) shall be effective for no more than a period of 6 months
    at a time and shall not apply beyond 12 months after the enactment of
    this Act.
        (c) Small Business.--In entering into multiple award indefinite-
    quantity contracts with funds appropriated by this Act, the United
    States Agency for International Development may provide an exception to
    the fair opportunity process for placing task orders under such
    contracts when the order is placed with any category of small or small
    disadvantaged business.
        (d) Vietnamese Refugees.--Section 594(a) of the Foreign Operations,
    Export Financing, and Related Programs Appropriations Act, 2005 (enacted
    as division D of Public Law 108-447; 118 Stat. 3038) is amended by
    striking ``2009'' and inserting ``2010''.
        (e) Reconstituting Civilian Police Authority.--In providing
    assistance with funds appropriated by this Act under section 660(b)(6)
    of the Foreign Assistance Act of 1961, support for a nation emerging
    from instability may be deemed to mean support for regional, district,
    municipal, or other sub-national entity emerging from instability, as
    well as a nation emerging from instability.
        (f) International Prison Conditions.--Funds appropriated by this Act
    to carry out the provisions of chapters 1 and 11 of part I and chapter 4
    of part II of the Foreign Assistance Act of 1961, and the Support for
    East European Democracy (SEED) Act of 1989, shall be made available for
    assistance to address inhumane conditions in prisons and other detention
    facilities

    [[Page 123 STAT. 878]]

    administered by foreign governments that the Secretary of State
    determines are making efforts to address, among other things, prisoners'
    health, sanitation, nutrition and other basic
    needs: <<NOTE: Designation.>>  Provided, That the Secretary of State
    shall designate a Deputy Assistant Secretary of State in the Bureau of
    Democracy, Human Rights and Labor to have primary responsibility for
    diplomatic efforts related to international prison conditions.

        (g) Extension of Authority.--The Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 1990 (Public Law
    101-167) is amended--
                (1) in section 599D (8 U.S.C. 1157 note)--
                        (A) in subsection (b)(3), by striking ``and 2008''
                    and inserting ``2008, and 2009''; and
                        (B) in subsection (e), by striking ``2008'' each
                    place it appears and inserting ``2009''; and
                (2) in section 599E (8 U.S.C. 1255 note) in subsection
            (b)(2), by striking ``2008'' and inserting ``2009''.

        (h) World Food Program.--Of the funds managed by the Bureau for
    Democracy, Conflict, and Humanitarian Assistance of the United States
    Agency for International Development, from this or any other Act, not
    less than $10,000,000 shall be made available as a general contribution
    to the World Food Program, notwithstanding any other provision of law.
        (i) Library of Congress.--Notwithstanding any other provision of
    law, of the funds appropriated under the heading ``Embassy Security,
    Construction, and Maintenance'', not less than $2,000,000 shall be made
    available for the Capital Security Cost-Sharing fees of the Library of
    Congress.
        (j) Disarmament, Demobilization and Reintegration.--Notwithstanding
    any other provision of law, regulation or Executive order, funds
    appropriated by this Act and prior Acts making appropriations for the
    Department of State, foreign operations, and related programs under the
    headings ``Economic Support Fund'', ``Peacekeeping Operations'',
    ``International Disaster Assistance'', and ``Transition Initiatives''
    should be made available to support programs to disarm, demobilize, and
    reintegrate into civilian society former members of foreign terrorist
    organizations: <<NOTE: Consultation.>>  Provided, That the Secretary of
    State shall consult with the Committees on Appropriations prior to the
    obligation of funds pursuant to this subsection: Provided further,
    That <<NOTE: Definition.>>  for the purposes of this subsection the term
    ``foreign terrorist organization'' means an organization designated as a
    terrorist organization under section 219 of the Immigration and
    Nationality Act.

        (k) Nongovernmental Organizations.--With respect to the provision of
    assistance for democracy, human rights and governance activities, the
    organizations implementing such assistance and the specific nature of
    that assistance shall not be subject to the prior approval by the
    government of any foreign country.
        (l) Program for Research and Training on Eastern Europe and the
    Independent States of the Former Soviet Union.--Of the funds
    appropriated by this Act under the heading, ``Economic Support Fund'',
    not less than $5,000,000 shall be made available to carry out the
    Program for Research and Training on Eastern Europe and the Independent
    States of the Former Soviet Union (title VIII) as authorized by the
    Soviet-Eastern European Research and Training Act of 1983 (22 U.S.C.
    4501-4508, as amended).

    [[Page 123 STAT. 879]]

        (m) Authority.--Funds <<NOTE: Grants. Nuclear security. North
    Korea.>>  appropriated or otherwise made available by title III of the
    Department of State, Foreign Operations, and Related Programs
    Appropriations Act, 2008 (division J of Public Law 110-161) under the
    heading ``Economic Support Fund'' that are available for a competitively
    awarded grant for nuclear security initiatives relating to North Korea
    shall be made available notwithstanding any other provision of law.

        (n) Middle East Foundation.--Funds <<NOTE: Notification.>>
    appropriated by this Act and prior Acts for a Middle East Foundation
    shall be subject to the regular notification procedures of the
    Committees on Appropriations.

        (o) Global Food Security.--Notwithstanding <<NOTE: Notification.>>
    any other provision of law, to include minimum funding requirements or
    funding directives, funds made available under the headings
    ``Development Assistance'' and ``Economic Support Fund'' in this Act and
    prior Acts making appropriations for the Department of State, foreign
    operations, and related programs may be made available to address
    critical food shortages, subject to prior consultation with, and the
    regular notification procedures of, the Committees on Appropriations.

                          arab league boycott of israel

        Sec. 7035. It is the sense of the Congress that--
                (1) the Arab League boycott of Israel, and the secondary
            boycott of American firms that have commercial ties with Israel,
            is an impediment to peace in the region and to United States
            investment and trade in the Middle East and North Africa;
                (2) the Arab League boycott, which was regrettably
            reinstated in 1997, should be immediately and publicly
            terminated, and the Central Office for the Boycott of Israel
            immediately disbanded;
                (3) all Arab League states should normalize relations with
            their neighbor Israel;
                (4) the President and the Secretary of State should continue
            to vigorously oppose the Arab League boycott of Israel and find
            concrete steps to demonstrate that opposition by, for example,
            taking into consideration the participation of any recipient
            country in the boycott when determining to sell weapons to said
            country; and
                (5) the President should report to Congress annually on
            specific steps being taken by the United States to encourage
            Arab League states to normalize their relations with Israel to
            bring about the termination of the Arab League boycott of
            Israel, including those to encourage allies and trading partners
            of the United States to enact laws prohibiting businesses from
            complying with the boycott and penalizing businesses that do
            comply.

                              palestinian statehood

        Sec. 7036. (a) <<NOTE: Determination. Certification.>>  Limitation
    on Assistance.--None of the funds appropriated under titles III through
    VI of this Act may be provided to support a Palestinian state unless the
    Secretary of State determines and certifies to the appropriate
    congressional committees that--
                (1) the governing entity of a new Palestinian state--

    [[Page 123 STAT. 880]]

                        (A) has demonstrated a firm commitment to peaceful
                    co-existence with the State of Israel;
                        (B) is taking appropriate measures to counter
                    terrorism and terrorist financing in the West Bank and
                    Gaza, including the dismantling of terrorist
                    infrastructures, and is cooperating with appropriate
                    Israeli and other appropriate security organizations;
                    and
                (2) the Palestinian Authority (or the governing entity of a
            new Palestinian state) is working with other countries in the
            region to vigorously pursue efforts to establish a just,
            lasting, and comprehensive peace in the Middle East that will
            enable Israel and an independent Palestinian state to exist
            within the context of full and normal relationships, which
            should include--
                        (A) termination of all claims or states of
                    belligerency;
                        (B) respect for and acknowledgement of the
                    sovereignty, territorial integrity, and political
                    independence of every state in the area through measures
                    including the establishment of demilitarized zones;
                        (C) their right to live in peace within secure and
                    recognized boundaries free from threats or acts of
                    force;
                        (D) freedom of navigation through international
                    waterways in the area; and
                        (E) a framework for achieving a just settlement of
                    the refugee problem.

        (b) Sense of Congress.--It is the sense of Congress that the
    governing entity should enact a constitution assuring the rule of law,
    an independent judiciary, and respect for human rights for its citizens,
    and should enact other laws and regulations assuring transparent and
    accountable governance.
        (c) Waiver.--The <<NOTE: President.>>  President may waive
    subsection (a) if he determines that it is important to the national
    security interests of the United States to do so.

        (d) Exemption.--The restriction in subsection (a) shall not apply to
    assistance intended to help reform the Palestinian Authority and
    affiliated institutions, or the governing entity, in order to help meet
    the requirements of subsection (a), consistent with the provisions of
    section 7040 of this Act (``Limitation on Assistance to the Palestinian
    Authority'').

                restrictions concerning the palestinian authority

        Sec. 7037. None of the funds appropriated under titles II through VI
    of this Act may be obligated or expended to create in any part of
    Jerusalem a new office of any department or agency of the United States
    Government for the purpose of conducting official United States
    Government business with the Palestinian Authority over Gaza and Jericho
    or any successor Palestinian governing entity provided for in the
    Israel-PLO Declaration of Principles: Provided, That this restriction
    shall not apply to the acquisition of additional space for the existing
    Consulate General in Jerusalem: Provided further, That meetings between
    officers and employees of the United States and officials of the
    Palestinian Authority, or any successor Palestinian governing entity
    provided for in the Israel-PLO Declaration of Principles, for the
    purpose of conducting official United States Government business with
    such authority should continue to take place in locations other than
    Jerusalem. As has been true in the past, officers and employees

    [[Page 123 STAT. 881]]

    of the United States Government may continue to meet in Jerusalem on
    other subjects with Palestinians (including those who now occupy
    positions in the Palestinian Authority), have social contacts, and have
    incidental discussions.

      prohibition on assistance to the palestinian broadcasting corporation

        Sec. 7038. None of the funds appropriated or otherwise made
    available by this Act may be used to provide equipment, technical
    support, consulting services, or any other form of assistance to the
    Palestinian Broadcasting Corporation.

                      assistance for the west bank and gaza

        Sec. 7039. (a) Oversight.--For <<NOTE: Deadline. Certification.>>
    fiscal year 2009, 30 days prior to the initial obligation of funds for
    the bilateral West Bank and Gaza Program, the Secretary of State shall
    certify to the Committees on Appropriations that procedures have been
    established to assure the Comptroller General of the United States will
    have access to appropriate United States financial information in order
    to review the uses of United States assistance for the Program funded
    under the heading ``Economic Support Fund'' for the West Bank and Gaza.

        (b) Vetting.--Prior <<NOTE: Terrorism.>>  to the obligation of funds
    appropriated by this Act under the heading ``Economic Support Fund'' for
    assistance for the West Bank and Gaza, the Secretary of State shall take
    all appropriate steps to ensure that such assistance is not provided to
    or through any individual, private or government entity, or educational
    institution that the Secretary knows or has reason to believe advocates,
    plans, sponsors, engages in, or has engaged in, terrorist activity nor,
    with respect to private entities or educational institutions, those that
    have as a principal officer of the entity's governing board or governing
    board of trustees any individual that has been determined to be involved
    in, or advocating terrorist activity or determined to be a member of a
    designated foreign terrorist organization. <<NOTE: Procedures.>>  The
    Secretary of State shall, as appropriate, establish procedures
    specifying the steps to be taken in carrying out this subsection and
    shall terminate assistance to any individual, entity, or educational
    institution which she has determined to be involved in or advocating
    terrorist activity.

        (c) Prohibition.--
                (1) None of the funds appropriated under titles III through
            VI of this Act for assistance under the West Bank and Gaza
            Program may be made available for the purpose of recognizing or
            otherwise honoring individuals who commit, or have committed
            acts of terrorism.
                (2) Notwithstanding <<NOTE: Reports.>>  any other provision
            of law, none of the funds made available by this or prior
            appropriations act, including funds made available by transfer,
            may be made available for obligation for security assistance for
            the West Bank and Gaza until the Secretary of State reports to
            the Committees on Appropriations on the benchmarks that have
            been established for security assistance for the West Bank and
            Gaza and reports on the extent of Palestinian compliance with
            such benchmarks.

        (d) Audits.--

    [[Page 123 STAT. 882]]

                (1) The Administrator of the United States Agency for
            International Development shall ensure that Federal or non-
            Federal audits of all contractors and grantees, and significant
            subcontractors and sub-grantees, under the West Bank and Gaza
            Program, are conducted at least on an annual basis to ensure,
            among other things, compliance with this section.
                (2) Of the funds appropriated by this Act up to $500,000 may
            be used by the Office of the Inspector General of the United
            States Agency for International Development for audits,
            inspections, and other activities in furtherance of the
            requirements of this subsection. Such funds are in addition to
            funds otherwise available for such purposes.

        (e) Subsequent <<NOTE: Audits. Investigation.>>  to the
    certification specified in subsection (a), the Comptroller General of
    the United States shall conduct an audit and an investigation of the
    treatment, handling, and uses of all funds for the bilateral West Bank
    and Gaza Program, including all funds provided as cash transfer
    assistance, in fiscal year 2009 under the heading ``Economic Support
    Fund''. The audit shall address--
                (1) the extent to which such Program complies with the
            requirements of subsections (b) and (c), and
                (2) an examination of all programs, projects, and activities
            carried out under such Program, including both obligations and
            expenditures.

        (f) Funds <<NOTE: Notification.>>  made available in this Act for
    West Bank and Gaza shall be subject to the regular notification
    procedures of the Committees on Appropriations.

        (g) Not <<NOTE: Deadline. Reports.>>  later than 180 days after
    enactment of this Act, the Secretary of State shall submit a report to
    the Committees on Appropriations updating the report contained in
    section 2106 of chapter 2 of title II of Public Law 109-13.

             limitation on assistance for the palestinian authority

        Sec. 7040. <<NOTE: President.>>  (a) Prohibition of Funds.--None of
    the funds appropriated by this Act to carry out the provisions of
    chapter 4 of part II of the Foreign Assistance Act of 1961 may be
    obligated or expended with respect to providing funds to the Palestinian
    Authority.

        (b) Waiver.--The <<NOTE: Certification.>>  prohibition included in
    subsection (a) shall not apply if the President certifies in writing to
    the Speaker of the House of Representatives, the President pro tempore
    of the Senate, and the Committees on Appropriations that waiving such
    prohibition is important to the national security interests of the
    United States.

        (c) Period of Application of Waiver.--Any waiver pursuant to
    subsection (b) shall be effective for no more than a period of 6 months
    at a time and shall not apply beyond 12 months after the enactment of
    this Act.
        (d) Report.--Whenever the waiver authority pursuant to subsection
    (b) is exercised, the President shall submit a report to the Committees
    on Appropriations detailing the justification for the waiver, the
    purposes for which the funds will be spent, and the accounting
    procedures in place to ensure that the funds are properly disbursed. The
    report shall also detail the steps the Palestinian Authority has taken
    to arrest terrorists, confiscate weapons and dismantle the terrorist
    infrastructure.

    [[Page 123 STAT. 883]]

        (e) Certification.--If the President exercises the waiver authority
    under subsection (b), the Secretary of State must certify and report to
    the Committees on Appropriations prior to the obligation of funds that
    the Palestinian Authority has established a single treasury account for
    all Palestinian Authority financing and all financing mechanisms flow
    through this account, no parallel financing mechanisms exist outside of
    the Palestinian Authority treasury account, and there is a single
    comprehensive civil service roster and payroll.
        (f) Prohibition.--
                (1) None <<NOTE: Certification.>>  of the funds appropriated
            in titles III through VI of this Act may be obligated for
            salaries of personnel of the Palestinian Authority located in
            Gaza or may be obligated or expended for assistance to Hamas or
            any entity effectively controlled by Hamas or any power-sharing
            government of which Hamas is a member unless the President
            certifies in writing and reports to the Committees on
            Appropriations that Hamas has accepted and is complying with the
            principles contained in section 620K(b)(1)(A) and (B) of the
            Foreign Assistance Act of 1961, as amended.
                (2) None of the funds appropriated under titles III through
            VI of this Act may be obligated for assistance for the Palestine
            Liberation Organization.

                            broadcasting transparency

        Sec. 7041. (a) <<NOTE: Reports.>>  Of the funds appropriated in this
    Act under the heading ``International Broadcasting Operations'' for
    Middle East Broadcasting Networks, 10 percent of the funds shall not be
    available for obligation until the Broadcasting Board of Governors
    reports to the Committee on Appropriations on--
                (1) The results of the independent outside evaluation of
            Alhurra programming to examine its journalistic integrity and
            adherence to standards and principles of the United States
            International Broadcasting Act; and
                (2) Whether the directives in the explanatory statement
            accompanying the Department of State, Foreign Operations, and
            Related Programs Appropriations Act, 2008 (division J of Public
            Law 110-161) regarding Alhurra have been implemented and are
            operational.

        (b) The Office of the Inspector General of the Department of State
    and the Broadcasting Board of Governors shall monitor adherence to the
    standards of the Journalistic Code of Ethics of the Middle East
    Broadcasting Networks, as updated in May 2007.

                                      iraq

        Sec. 7042. (a) Assistance.--None of the funds appropriated or
    otherwise made available by this Act may be made available for
    assistance for Iraq, except funds appropriated by this Act under the
    heading ``Nonproliferation, Anti-terrorism, Demining and Related
    Programs'' for the removal and disposal of landmines and other
    unexploded ordnance, small arms and light weapons in Iraq.
        (b) Matching Requirement.--The <<NOTE: Applicability.>>  terms and
    conditions of section 1402(e)(1), (2), (3) and (4) of Public Law 110-252
    shall apply to assistance for Iraq in fiscal year 2009.

        (c) Transition Plan.--Not <<NOTE: Deadline. Reports. Classified
    information.>>  later than 180 days after enactment of this Act, the
    Secretary of State, in consultation with relevant

    [[Page 123 STAT. 884]]

    United States Government agencies, shall submit to the Committees on
    Appropriations a report, in classified form if necessary, that details
    the plans, costs and timelines associated with the transition of
    programs and activities funded under titles III through VI of this Act
    and prior Acts making appropriations for the Department of State,
    foreign operations, and related programs to the Government of Iraq.

        (d) Base Rights.--None of the funds made available in this Act may
    be used by the Government of the United States to enter into a permanent
    basing rights agreement between the United States and Iraq.

                            report on iran sanctions

        Sec. 7043. Not later than 180 days after enactment of this Act, the
    Secretary of State shall submit a report to the Committees on
    Appropriations on the status of multilateral and bilateral United States
    sanctions against Iran and actions taken by the United States and the
    international community to enforce sanctions against Iran. The report,
    which may be submitted in classified form if necessary, shall include
    the following:
                (1) A list of all current United States bilateral and
            multilateral sanctions against Iran;
                (2) A list of all United States and foreign registered
            entities which the Secretary of State has reason to believe may
            be in violation of existing United States bilateral and
            multilateral sanctions;
                (3) A detailed description of United States efforts to
            enforce sanctions, including a list of all investigations
            initiated in the 12 months preceeding the enactment of this Act
            that have resulted in a determination that a sanctions violation
            has occurred and United States government actions taken pursuant
            to the determination;
                (4) In the instances when sanctions were waived or otherwise
            not imposed against entities that were determined to have
            violated United States bilateral or multilateral sanctions, the
            reason in each instance of why action was not taken to sanction
            the entity; and
                (5) A description of United States diplomatic efforts to
            expand bilateral and multilateral sanctions against Iran and
            strengthen international efforts to enforce existing sanctions.

                                     lebanon

        Sec. 7044. (a) Funds appropriated under the heading ``Foreign
    Military Financing Program'' in this Act for assistance for Lebanon
    shall be made available only to professionalize the Lebanese Armed
    Forces and to strengthen border security and combat terrorism, including
    training and equipping the Lebanese Armed Forces to secure Lebanon's
    borders, interdicting arms shipments, preventing the use of Lebanon as a
    safe haven for terrorist groups and implementing United Nations Security
    Council Resolution 1701.
        (b) None <<NOTE: Spending plan.>>  of the funds in subsection (a)
    may be made available for obligation until after the Secretary of State
    provides the Committees on Appropriations a detailed spending plan,
    which shall include a strategy for professionalizing the Lebanese Armed
    Forces, strengthening border security and combating terrorism in
    Lebanon.

    [[Page 123 STAT. 885]]

                               western hemisphere

        Sec. 7045. (a) Free Trade Agreements.--Of the funds appropriated by
    this Act not less than $10,000,000 from ``Development Assistance'' and
    not less than $10,000,000 from ``Economic Support Fund'' shall be made
    available for labor and environmental capacity building activities
    relating to the free trade agreements with countries of Central America,
    Peru and the Dominican Republic.
        (b) Haiti.--
                (1) The Government of Haiti shall be eligible to purchase
            defense articles and services under the Arms Export Control Act
            (22 U.S.C. 2751 et seq.), for the Coast Guard.
                (2) Of the funds appropriated by this Act under titles III
            and IV, not less than $251,126,000 shall be made available for
            assistance for Haiti.
                (3) None <<NOTE: Reports.>>  of the funds made available by
            this Act under the heading ``International Narcotics Control and
            Law Enforcement'' may be used to transfer excess weapons,
            ammunition or other lethal property of an agency of the United
            States Government to the Government of Haiti for use by the
            Haitian National Police until the Secretary of State reports to
            the Committees on Appropriations that any members of the Haitian
            National Police who have been credibly alleged to have committed
            serious crimes, including drug trafficking and violations of
            internationally recognized human rights, have been suspended.

        (c) Dominican Republic.--Of the funds appropriated by this Act that
    are available for assistance for the Dominican Republic, not less than
    $5,000,000 shall be made available for basic health care, nutrition,
    sanitation, education, and shelter for migrant workers and other
    residents of batey communities.
        (d) Assistance for Guatemala.--
                (1) Funds appropriated by this Act under the heading
            ``International Military Education and Training'' (IMET) that
            are available for assistance for Guatemala, other than for
            expanded IMET, may be made available only for the Guatemalan Air
            Force, Navy and Army Corps of Engineers: Provided, That
            assistance for the Army Corps of Engineers shall only be
            available for training to improve disaster response capabilities
            and to participate in international peacekeeping operations:
            Provided further, That <<NOTE: Certification.>>  such funds may
            be made available only if the Secretary of State certifies that
            the Air Force, Navy and Army Corps of Engineers are respecting
            internationally recognized human rights and cooperating with
            civilian judicial investigations and prosecutions of current and
            retired military personnel who have been credibly alleged to
            have committed violations of such rights, and with the
            International Commission Against Impunity in Guatemala (CICIG)
            by granting access to CICIG personnel, providing evidence to
            CICIG, and allowing witness testimony.
                (2) Of the funds appropriated by this Act under the heading
            ``Foreign Military Financing Program'', not more than $500,000
            may be made available for the Guatemalan Air Force, Navy and
            Army Corps of Engineers: Provided, That assistance for the Army
            Corps of Engineers shall only be available for training to
            improve disaster response capabilities and to participate in
            international peacekeeping operations: <<NOTE: Certification.>>
            Provided further,

    [[Page 123 STAT. 886]]

            That such funds may be made available only if the Secretary of
            State certifies that the Air Force, Navy and Army Corps of
            Engineers are respecting internationally recognized human rights
            and cooperating with civilian judicial investigations and
            prosecutions of current and retired military personnel who have
            been credibly alleged to have committed violations of such
            rights, including protecting and providing to the Attorney
            General's office all military archives pertaining to the
            internal armed conflict, and cooperating with the CICIG by
            granting access to CICIG personnel, providing evidence to CICIG,
            and allowing witness testimony.

        (e) Assistance for Mexico.--Of the funds appropriated under the
    headings ``International Narcotics Control and Law Enforcement'',
    ``Foreign Military Financing Program'', and ``Economic Support Fund'' in
    this Act, not more than $300,000,000 may be made available for
    assistance for Mexico, only to combat drug trafficking and related
    violence and organized crime, and for judicial reform, institution
    building, anti-corruption, and rule of law activities, of which not less
    than $75,000,000 shall be used for judicial reform, institution
    building, anti-corruption, and rule of law activities: Provided, That
    none of the funds made available under this section shall be made
    available for budget support or as cash payments.
                (1) Allocation of funds.--Fifteen <<NOTE: Reports.>>
            percent of the funds made available under this section in this
            Act, for assistance for Mexico, not including assistance for
            judicial reform, institution building, anti-corruption, and rule
            of law activities, may not be obligated until the Secretary of
            State reports in writing to the Committees on Appropriations
            that the Government of Mexico is continuing to--
                        (A) improve the transparency and accountability of
                    Federal police forces and to work with State and
                    municipal authorities to improve the transparency and
                    accountability of State and municipal police forces
                    through mechanisms including police complaints
                    commissions with authority and independence to receive
                    complaints and carry out effective investigations;
                        (B) conduct regular consultations with Mexican human
                    rights organizations and other relevant Mexican civil
                    society organizations on recommendations for the
                    implementation of the Merida Initiative in accordance
                    with Mexican and international law;
                        (C) ensure that civilian prosecutors and judicial
                    authorities are investigating and prosecuting, in
                    accordance with Mexican and international law, members
                    of the Federal police and military forces who have been
                    credibly alleged to have violated internationally
                    recognized human rights, and the Federal police and
                    military forces are fully cooperating with the
                    investigations; and
                        (D) enforce the prohibition, in accordance with
                    Mexican and international law, on the use of testimony
                    obtained through torture or other ill-treatment.
                (2) Report.--The report required in paragraph (1) shall
            include a description of actions taken with respect to each
            requirement.
                (3) Spending plan.--Not <<NOTE: Deadline.>>  later than 45
            days after the date of enactment of this Act, the Secretary of
            State shall submit to the Committees on Appropriations a
            detailed spending plan,

    [[Page 123 STAT. 887]]

            developed after consulting with relevant Mexican Government
            authorities, for funds made available for Mexico under this
            section, with concrete goals, programs and activities to be
            funded, and anticipated results.
                (4) Analysis of alternatives.--Prior to the obligation of
            funds for the procurement or lease of aircraft, the Director of
            the Defense Security Cooperation Agency, in consultation with
            the Secretary of State, shall submit to the Committees on
            Appropriations an Analysis of Alternatives for the acquisition
            of all aircraft for the Merida Initiative.

        (f) Assistance for the Countries of Central America.--Of the funds
    appropriated under the headings ``International Narcotics Control and
    Law Enforcement'', ``Foreign Military Financing Program'', and
    ``Economic Support Fund'', $105,000,000 may be made available for
    assistance for the countries of Central America only to combat drug
    trafficking and related violence and organized crime, and for judicial
    reform, institution building, anti-corruption, rule of law activities,
    and maritime security, of which not less than $35,000,000 shall be made
    available for judicial reform, institution building, anti-corruption,
    and rule of law activities: Provided, That of the funds appropriated
    under the heading ``Economic Support Fund'', $12,000,000 shall be made
    available through the United States Agency for International Development
    for an Economic and Social Development Fund for Central America:
    Provided further, That none of the funds shall be made available for
    budget support or as cash payments.
                (1) Allocation of funds.--Fifteen <<NOTE: Reports.>>
            percent of the funds made available by this Act for assistance
            for the countries of Central America under the headings
            ``International Narcotics Control and Law Enforcement'' and
            ``Foreign Military Financing Program'' may not be obligated
            until the Secretary of State reports in writing to the
            Committees on Appropriations that the government of such country
            is continuing to--
                        (A) support police complaints commissions with
                    authority and independence to receive complaints and
                    carry out effective investigations;
                        (B) implement reforms to improve the capacity and
                    ensure the independence of the judiciary; and
                        (C) investigate and prosecute members of the Federal
                    police and military forces who have been credibly
                    alleged to have committed violations of internationally
                    recognized human rights.
                (2) Report.--The report required in paragraph (1) shall
            include a description of actions taken with respect to each
            requirement.
                (3) Spending plan.--Not <<NOTE: Deadline.>>  later than 45
            days after the date of the enactment of this Act, the Secretary
            of State shall submit to the Committees on Appropriations a
            detailed spending plan for funds appropriated or otherwise made
            available for the countries of Central America by this Act, with
            concrete goals, actions to be taken, budget proposals, and
            anticipated results.
                (4) Definition.--For the purposes of this section, the term
            ``countries of Central America'' means Belize, Costa Rica, El
            Salvador, Guatemala, Honduras, Nicaragua, and Panama.

        (g) Aircraft Operations and Maintenance.--To the maximum extent
    practicable, the costs of operations and maintenance,

    [[Page 123 STAT. 888]]

    including fuel, of aircraft funded by this Act should be borne by the
    recipient country.

                                    colombia

        Sec. 7046. (a) Funding.--Of the funds appropriated in titles III and
    IV of this Act, not more than $545,050,000 shall be available for
    assistance for Colombia.
        Funds appropriated by this Act and made available to the Department
    of State for assistance to the Government of Colombia may be used to
    support a unified campaign against narcotics trafficking and
    organizations designated as Foreign Terrorist Organizations and
    successor organizations, and to take actions to protect human health and
    welfare in emergency circumstances, including undertaking rescue
    operations: Provided, That assistance made available in prior Acts for
    the Government of Colombia to protect the Cano-Limon pipeline may also
    be used for purposes for which funds are made available under the
    heading ``Andean Counterdrug Programs'': Provided further, That no
    United States Armed Forces personnel or United States civilian
    contractor employed by the United States will participate in any combat
    operation in connection with assistance made available by this Act for
    Colombia: Provided further, That rotary and fixed wing aircraft
    supported with funds appropriated under the heading ``Andean Counterdrug
    Programs'' for assistance for Colombia may be used for aerial or manual
    drug eradication and interdiction including to transport personnel and
    supplies and to provide security for such operations, and to provide
    transport in support of alternative development programs and
    investigations of cases under the jurisdiction of the Attorney General,
    the Procuraduria General de la Nacion, and the Defensoria del
    Pueblo: <<NOTE: President. Helicopters.>>  Provided further, That the
    President shall ensure that if any helicopter procured with funds in
    this Act or prior Acts making appropriations for the Department of
    State, foreign operations, and related programs, is used to aid or abet
    the operations of any illegal self-defense group, paramilitary
    organization, illegal security cooperative or successor organizations in
    Colombia, such helicopter shall be immediately returned to the United
    States.

        Of the <<NOTE: Certification.>>  funds available under the heading
    ``Andean Counterdrug Programs'' in this Act for the Colombian national
    police for the procurement of chemicals for aerial coca and poppy
    eradication programs, not more than 20 percent of such funds may be made
    available for such eradication programs unless the Secretary of State
    certifies to the Committees on Appropriations that: (1) the herbicide is
    being used in accordance with EPA label requirements for comparable use
    in the United States and with Colombian laws; and (2) the herbicide, in
    the manner it is being used, does not pose unreasonable risks or adverse
    effects to humans or the environment, including endemic
    species: <<NOTE: Certification.>>  Provided, That such funds may not be
    made available unless the Secretary of State certifies to the Committees
    on Appropriations that complaints of harm to health or licit crops
    caused by such aerial eradication are thoroughly evaluated and fair
    compensation is being paid in a timely manner for meritorious claims:
    Provided further, That such funds may not be made available for such
    purposes unless programs are being implemented by the United States
    Agency for International Development, the Government of Colombia, or
    other organizations, in consultation and coordination with local
    communities, to provide

    [[Page 123 STAT. 889]]

    alternative sources of income in areas where security permits for small-
    acreage growers and communities whose illicit crops are targeted for
    aerial eradication: Provided further, That none of the funds
    appropriated by this Act for assistance for Colombia shall be made
    available for the cultivation or processing of African oil palm, if
    doing so would contribute to significant loss of native species, disrupt
    or contaminate natural water sources, reduce local food security, or
    cause the forced displacement of local people: Provided further,
    That <<NOTE: Certification.>>  funds appropriated by this Act may be
    used for aerial eradication in Colombia's national parks or reserves
    only if the Secretary of State certifies to the Committees on
    Appropriations on a case-by-case basis that there are no effective
    alternatives and the eradication is conducted in accordance with
    Colombian laws.

        (b) Assistance for the Armed Forces.--
                (1) Funding.--Funds appropriated by this Act that are
            available for assistance for the Colombian Armed Forces, may be
            made available as follows:
                        (A) Up to 70 percent of such funds may be obligated
                    prior to the certification and report by the Secretary
                    of State pursuant to subparagraph (B).
                        (B) Up <<NOTE: Certification. Reports.>>  to 15
                    percent of such funds may be obligated only after the
                    Secretary of State consults with, and subsequently
                    certifies and submits a written report to, the
                    Committees on Appropriations that--
                              (i) The Government of Colombia is suspending,
                          and investigating and prosecuting in the civilian
                          justice system, those members of the Colombian
                          Armed Forces, of whatever rank, who have been
                          credibly alleged to have committed violations of
                          internationally recognized human rights, including
                          extra-judicial killings, or to have aided, abetted
                          or benefitted from paramilitary organizations or
                          successor armed groups, and the Colombian Armed
                          Forces are cooperating fully with civilian
                          prosecutors and judicial authorities in such
                          cases.
                              (ii) The Government of Colombia has taken all
                          necessary steps to sever links with paramilitary
                          organizations or successor armed groups.
                              (iii) The Government of Colombia is
                          dismantling paramilitary networks, including by
                          arresting and prosecuting under civilian criminal
                          law individuals who have provided financial,
                          planning, or logistical support, or have otherwise
                          aided, abetted or benefitted from paramilitary
                          organizations or successor armed groups, and by
                          returning land and other assets illegally acquired
                          by such organizations or their associates to their
                          rightful occupants or owners.
                              (iv) The Government of Colombia is respecting
                          the rights of Colombia's indigenous and Afro-
                          Colombian communities, and the Colombian Armed
                          Forces are implementing procedures to distinguish
                          between civilians, including displaced persons,
                          and combatants in their operations.
                (2) The <<NOTE: Certification.>>  balance of such funds may
            be obligated after July 31, 2009, if, prior to such obligation,
            the Secretary of State consults with, and submits a written
            certification to, the

    [[Page 123 STAT. 890]]

            Committees on Appropriations that the Government of Colombia is
            continuing to meet the requirements described in paragraph (1)
            and is conducting vigorous operations to strengthen civilian
            institutions and respect for internationally recognized human
            rights in areas under the influence of paramilitary
            organizations or successor armed groups and guerrilla
            organizations.
                (3) Certain funds exempted.--The requirement to withhold
            funds from obligation shall not apply with respect to funds made
            available under the heading ``Andean Counterdrug Programs'' in
            this Act for continued support for the Critical Flight Safety
            Program or for any alternative development programs in Colombia
            administered by the Bureau of International Narcotics and Law
            Enforcement Affairs of the Department of State.
                (4) Report.--At the time the Secretary of State submits
            certifications pursuant to paragraphs (1)(B) and (2) of this
            subsection, the Secretary shall also submit to the Committees on
            Appropriations a report that contains, with respect to each such
            paragraph, a detailed description of the specific actions taken
            by the Government and Armed Forces of Colombia which support
            each requirement of the certification, and the cases or issues
            brought to the attention of the Secretary, including through the
            Department of State's annual Country Reports on Human Rights
            Practices, for which the actions taken by the Colombian
            Government or Armed Forces have been determined by the Secretary
            of State to be inadequate.

        (c) Consultative Process.--Not <<NOTE: Deadlines.>>  later than 60
    days after the date of enactment of this Act, and every 180 days
    thereafter until September 30, 2009, the Secretary of State shall
    consult with Colombian and internationally recognized human rights
    organizations regarding progress in meeting the requirements contained
    in subsection (b)(1).

        (d) Assistance for Reintegration of Former Combatants.--
                (1) Availability of funds.--Of the funds appropriated in
            this Act under the heading ``Economic Support Fund'', up to
            $16,769,000 may be made available in fiscal year 2009 for
            assistance for the reintegration of former members of foreign
            terrorist organizations (FTOs) or other illegal armed groups in
            Colombia, if the Secretary of State consults with and makes a
            certification described in paragraph (2) to the Committees on
            Appropriations prior to the initial obligation of amounts for
            such assistance for the fiscal year involved.
                (2) Certification.--A certification described in this
            subsection is a certification that--
                        (A) assistance for the fiscal year will be provided
                    only for individuals who have: (i) verifiably renounced
                    and terminated any affiliation or involvement with FTOs
                    or other illegal armed groups; (ii) are meeting all the
                    requirements of the Colombia demobilization program,
                    including having disclosed their involvement in past
                    crimes and their knowledge of the FTO's structure,
                    financing sources, illegal assets, and the location of
                    kidnapping victims and bodies of the disappeared; and
                    (iii) are not involved in criminal activity;
                        (B) the Government of Colombia is providing full
                    cooperation to the Government of the United States to

    [[Page 123 STAT. 891]]

                    prosecute the extradited leaders and members of FTOs who
                    have been indicted in the United States for murder,
                    torture, kidnapping, narcotics trafficking, or other
                    violations of United States law;
                        (C) the Government of Colombia is not knowingly
                    taking any steps to legalize the titles of land or other
                    assets illegally obtained and held by FTOs, their
                    associates, or successors, has established effective
                    procedures to identify such land and other assets, and
                    is seizing and returning such land and other assets to
                    their rightful occupants or owners;
                        (D) the Government of Colombia is dismantling the
                    organizational structures of FTOs and successor armed
                    groups; and
                        (E) funds shall not be made available as cash
                    payments to individuals and are available only for
                    activities under the following categories: verification,
                    reintegration (including training and education),
                    vetting, recovery of assets for reparations for victims,
                    and investigations and prosecutions.

        (e) Illegal Armed Groups.--
                (1) Denial of visas.--Subject to paragraph (2), the
            Secretary of State shall not issue a visa to any alien who the
            Secretary determines, based on credible evidence--
                        (A) has willfully provided any support to or
                    benefitted from the Revolutionary Armed Forces of
                    Colombia (FARC), the National Liberation Army (ELN), the
                    United Self-Defense Forces of Colombia (AUC), or
                    successor armed groups, including taking actions or
                    failing to take actions which allow, facilitate, or
                    otherwise foster the activities of such groups; or
                        (B) has committed, ordered, incited, assisted, or
                    otherwise participated in the commission of a violation
                    of internationally recognized human rights, including
                    extra-judicial killings, in Colombia.
                (2) Waiver.--Paragraph <<NOTE: Certification.>>  (1) shall
            not apply if the Secretary of State certifies to the Committees
            on Appropriations, on a case-by-case basis, that the issuance of
            a visa to the alien is necessary to support the peace process in
            Colombia or for urgent humanitarian reasons.

        (f) Definitions.--In this section:
                (1) Aided or abetted.--The term ``aided or abetted'' means
            to provide any support to paramilitary or successor armed
            groups, including taking actions which allow, facilitate, or
            otherwise foster the activities of such groups.
                (2) Paramilitary groups.--The term ``paramilitary groups''
            means illegal self-defense groups and illegal security
            cooperatives, including those groups and cooperatives that have
            formerly demobilized but continue illegal operations, as well as
            parts thereof.
                (3) Foreign terrorist organization.--The term ``foreign
            terrorist organization'' means an organization designated as a
            terrorist organization under section 219 of the Immigration and
            Nationality Act.

    [[Page 123 STAT. 892]]

                        community-based police assistance

        Sec. 7047. (a) Authority.--Funds made available by titles III and IV
    of this Act to carry out the provisions of chapter 1 of part I and
    chapters 4 and 6 of part II of the Foreign Assistance Act of 1961, may
    be used, notwithstanding section 660 of that Act, to enhance the
    effectiveness and accountability of civilian police authority through
    training and technical assistance in human rights, the rule of law,
    anti-corruption, strategic planning, and through assistance to foster
    civilian police roles that support democratic governance including
    assistance for programs to prevent conflict, respond to disasters,
    address gender-based violence, and foster improved police relations with
    the communities they serve.
        (b) Notification.--Assistance provided under subsection (a) shall be
    subject to prior consultation with, and the regular notification
    procedures of, the Committees on Appropriations.

                prohibition of payments to united nations members

        Sec. 7048. None of the funds appropriated or made available pursuant
    to titles III through VI of this Act for carrying out the Foreign
    Assistance Act of 1961, may be used to pay in whole or in part any
    assessments, arrearages, or dues of any member of the United Nations or,
    from funds appropriated by this Act to carry out chapter 1 of part I of
    the Foreign Assistance Act of 1961, the costs for participation of
    another country's delegation at international conferences held under the
    auspices of multilateral or international organizations.

                          war crimes tribunals drawdown

        Sec. 7049. If the President determines that doing so will contribute
    to a just resolution of charges regarding genocide or other violations
    of international humanitarian law, the President may direct a drawdown
    pursuant to section 552(c) of the Foreign Assistance Act of 1961 of up
    to $30,000,000 of commodities and services for the United Nations War
    Crimes Tribunal established with regard to the former Yugoslavia by the
    United Nations Security Council or such other tribunals or commissions
    as the Council may establish or authorize to deal with such violations,
    without regard to the ceiling limitation contained in paragraph (2)
    thereof: Provided, That the determination required under this section
    shall be in lieu of any determinations otherwise required under section
    552(c): <<NOTE: Notification.>>  Provided further, That funds made
    available for tribunals other than the International Criminal Tribunal
    for the former Yugoslavia, the International Criminal Tribunal for
    Rwanda, or the Special Court for Sierra Leone shall be made available
    subject to the regular notification procedures of the Committees on
    Appropriations.

                              peacekeeping missions

        Sec. 7050. None of the funds made available under title I of this
    Act may be used for any United Nations undertaking when it is made known
    to the Federal official having authority to obligate or expend such
    funds that: (1) the United Nations undertaking is a peacekeeping
    mission; (2) such undertaking will involve United States Armed Forces
    under the command or operational control of a foreign national; and (3)
    the President's military advisors

    [[Page 123 STAT. 893]]

    have not submitted to the President a recommendation that such
    involvement is in the national interests of the United States and the
    President has not submitted to the Congress such a recommendation.

                             PEACEKEEPING ASSESSMENT

        Sec. 7051. Section 404(b)(2)(B) of the Foreign Relations
    Authorization Act, Fiscal Years 1994 and 1995, (22 U.S.C. 287e note) is
    amended by deleting subsection (v) and inserting in lieu thereof:
        ``(v) For assessments made during each of the calendar years 2005,
    2006, 2007, 2008, and 2009, 27.1 percent.''.

                       UNITED NATIONS HUMAN RIGHTS COUNCIL

        Sec. 7052. (a) None of the funds appropriated by this Act may be
    made available for a United States contribution to the United Nations
    Human Rights Council.
        (b) The prohibition under subsection (a) shall not apply if--
                (1) the <<NOTE: Certification.>>  Secretary of State
            certifies to the Committees on Appropriations that the provision
            of funds to support the United Nations Human Rights Council is
            in the national interest of the United States; or
                (2) the United States is a member of the Human Rights
            Council.

                     Attendance at International Conferences

        Sec. 7053. <<NOTE: Reports.>>  None of the funds made available in
    this Act may be used to send or otherwise pay for the attendance of more
    than 50 employees of agencies or departments of the United States
    Government who are stationed in the United States, at any single
    international conference occurring outside the United States, unless the
    Secretary of State reports to the Committees on Appropriations that such
    attendance is in the national interest: <<NOTE: Definition.>>  Provided,
    That for purposes of this section the term ``international conference''
    shall mean a conference attended by representatives of the United States
    Government and of foreign governments, international organizations, or
    nongovernmental organizations.

                   restrictions on united nations delegations

        Sec. 7054. None of the funds made available under title I of this
    Act may be used to pay expenses for any United States delegation to any
    specialized agency, body, or commission of the United Nations if such
    commission is chaired or presided over by a country, the government of
    which the Secretary of State has determined, for purposes of section
    6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App.
    2405(j)(1)), supports international terrorism.

        parking fines and real property taxes owed by foreign governments

        Sec. 7055. <<NOTE: Certification.>>  (a) Subject to subsection (c),
    of the funds appropriated under titles III through VI by this Act that
    are made available for assistance for a foreign country, an amount equal
    to 110 percent of the total amount of the unpaid fully adjudicated

    [[Page 123 STAT. 894]]

    parking fines and penalties and unpaid property taxes owed by the
    central government of such country shall be withheld from obligation for
    assistance for the central government of such country until the
    Secretary of State submits a certification to the Committees on
    Appropriations stating that such parking fines and penalties and unpaid
    property taxes are fully paid.

        (b) Funds withheld from obligation pursuant to subsection (a) may be
    made available for other programs or activities funded by this Act,
    after consultation with and subject to the regular notification
    procedures of the Committees on Appropriations, provided that no such
    funds shall be made available for assistance for the central government
    of a foreign country that has not paid the total amount of the fully
    adjudicated parking fines and penalties and unpaid property taxes owed
    by such country.
        (c) Subsection (a) shall not include amounts that have been withheld
    under any other provision of law.
        (d)(1) The <<NOTE: Waiver authority. Time period.>>  Secretary of
    State may waive the requirements set forth in subsection (a) with
    respect to parking fines and penalties no sooner than 60 days from the
    date of enactment of this Act, or at any time with respect to a
    particular country, if the Secretary determines that it is in the
    national interests of the United States to do so.

        (2) The Secretary of State may waive the requirements set forth in
    subsection (a) with respect to the unpaid property taxes if the
    Secretary of State determines that it is in the national interests of
    the United States to do so.
        (e) Not <<NOTE: Deadline. Reports.>>  later than 6 months after the
    initial exercise of the waiver authority in subsection (d), the
    Secretary of State, after consultations with the City of New York, shall
    submit a report to the Committees on Appropriations describing a
    strategy, including a timetable and steps currently being taken, to
    collect the parking fines and penalties and unpaid property taxes and
    interest owed by nations receiving foreign assistance under this Act.

        (f) In <<NOTE: Definitions.>>  this section:
                (1) The term ``fully adjudicated'' includes circumstances in
            which the person to whom the vehicle is registered--
                        (A)(i) has not responded to the parking violation
                    summons; or
                        (ii) has not followed the appropriate adjudication
                    procedure to challenge the summons; and
                        (B) the period of time for payment of or challenge
                    to the summons has lapsed.
                (2) The term ``parking fines and penalties'' means parking
            fines and penalties--
                        (A) owed to--
                              (i) the District of Columbia; or
                              (ii) New York, New York; and
                        (B) incurred during the period April 1, 1997,
                    through September 30, 2008.
                (3) The term ``unpaid property taxes'' means the amount of
            unpaid taxes and interest determined to be owed by a foreign
            country on real property in the District of Columbia or New
            York, New York in a court order or judgment entered against such
            country by a court of the United States or any State or
            subdivision thereof.

    [[Page 123 STAT. 895]]

                         landmines and cluster munitions

        Sec. 7056. (a) Landmines.--Notwithstanding any other provision of
    law, demining equipment available to the United States Agency for
    International Development and the Department of State and used in
    support of the clearance of landmines and unexploded ordnance for
    humanitarian purposes may be disposed of on a grant basis in foreign
    countries, subject to such terms and conditions as the President may
    prescribe.
        (b) Cluster Munitions.--No military assistance shall be furnished
    for cluster munitions, no defense export license for cluster munitions
    may be issued, and no cluster munitions or cluster munitions technology
    shall be sold or transferred, unless--
                (1) the submunitions of the cluster munitions have a 99
            percent or higher functioning rate; and
                (2) the agreement applicable to the assistance, transfer, or
            sale of the cluster munitions or cluster munitions technology
            specifies that the cluster munitions will only be used against
            clearly defined military targets and will not be used where
            civilians are known to be present.

                        millennium challenge corporation

        Sec. 7057. <<NOTE: Deadline. Reports.>>  (a) The Chief Executive
    Officer of the Millennium Challenge Corporation shall, not later than 45
    days after enactment of this Act, submit to the Committee on
    Appropriations a report on the proposed uses, on a country-by-country
    basis, of all funds appropriated under the heading ``Millennium
    Challenge Corporation'' in this Act or prior Acts making appropriations
    for the Department of State, foreign operations, and related programs
    projected to be obligated and expended in fiscal year 2009 and
    subsequent fiscal years.

        (b) The report required in paragraph (a) shall be updated on a semi-
    annual basis and shall include, at a minimum, a description of--
                (1) compacts in development, including the status of
            negotiations and the approximate range of value of the proposed
            compact;
                (2) compacts in implementation, including the projected
            expenditure and disbursement of compact funds during fiscal year
            2009 and subsequent fiscal years as determined by the country
            compact;
                (3) threshold country programs in development, including the
            approximate range of value of the threshold country agreement;
                (4) major programmatic changes to existing compacts funded
            by this Act or prior Acts making appropriations for the
            Department of State, foreign operations, and related programs;
                (5) threshold country programs in implementation; and
                (6) use of administrative funds.

        (c) The <<NOTE: Notification. Deadline.>>  Chief Executive Officer
    of the Millennium Challenge Corporation shall notify the Committees on
    Appropriations not later than 15 days prior to signing any new country
    compact or new threshold country program; terminating or suspending any
    country compact or threshold country program; or commencing negotiations
    for any new compact or threshold country program.

    [[Page 123 STAT. 896]]

                        limitation on residence expenses

        Sec. 7058. Of the funds appropriated or made available pursuant to
    title II of this Act, not to exceed $100,500 shall be for official
    residence expenses of the United States Agency for International
    Development during the current fiscal year: Provided, That appropriate
    steps shall be taken to assure that, to the maximum extent possible,
    United States-owned foreign currencies are utilized in lieu of dollars.

          united states agency for international development management

                          (including transfer of funds)

        Sec. 7059. <<NOTE: 22 USC 3948 note.>>  (a) Authority.--Up to
    $81,000,000 of the funds made available in title III of this Act to
    carry out the provisions of part I of the Foreign Assistance Act of
    1961, including funds appropriated under the heading ``Assistance for
    Europe, Eurasia and Central Asia'', may be used by the United States
    Agency for International Development (USAID) to hire and employ
    individuals in the United States and overseas on a limited appointment
    basis pursuant to the authority of sections 308 and 309 of the Foreign
    Service Act of 1980.

        (b) Restrictions.--
                (1) The number of individuals hired in any fiscal year
            pursuant to the authority contained in subsection (a) may not
            exceed 175.
                (2) The <<NOTE: Expiration date.>>  authority to hire
            individuals contained in subsection (a) shall expire on
            September 30, 2010.

        (c) Conditions.--The authority of subsection (a) may only be used to
    the extent that an equivalent number of positions that are filled by
    personal services contractors or other non-direct hire employees of
    USAID, who are compensated with funds appropriated to carry out part I
    of the Foreign Assistance Act of 1961, including funds appropriated
    under the heading ``Assistance for Europe, Eurasia and Central Asia'',
    are eliminated.
        (d) Priority Sectors.--In exercising the authority of this section,
    primary emphasis shall be placed on enabling USAID to meet personnel
    positions in technical skill areas currently encumbered by contractor or
    other non-direct hire personnel.
        (e) Consultations.--The USAID Administrator shall consult with the
    Committees on Appropriations at least on a quarterly basis concerning
    the implementation of this section.
        (f) Program Account Charged.--The account charged for the cost of an
    individual hired and employed under the authority of this section shall
    be the account to which such individual's responsibilities primarily
    relate. Funds made available to carry out this section may be
    transferred to, and merged with, funds appropriated by this Act in title
    II under the heading ``Operating Expenses''.
        (g) Foreign Service Limited Extensions.--Individuals hired and
    employed by USAID, with funds made available in this Act or prior Acts
    making appropriations for the Department of State, foreign operations,
    and related programs, pursuant to the authority of section 309 of the
    Foreign Service Act of 1980, may be extended for a period of up to 4
    years notwithstanding the limitation set forth in such section.

    [[Page 123 STAT. 897]]

        (h) Junior Officer Placement Authority.--Of the funds made available
    in subsection (a), USAID may use, in addition to funds otherwise
    available for such purposes, up to $15,000,000 to fund overseas support
    costs of members of the Foreign Service with a Foreign Service rank of
    four or below: Provided, That such authority is only used to reduce
    USAID's reliance on overseas personal services contractors or other non-
    direct hire employees compensated with funds appropriated to carry out
    part I of the Foreign Assistance Act of 1961, including funds
    appropriated under the heading ``Assistance for Europe, Eurasia and
    Central Asia''.
        (i) Disaster Surge Capacity.--Funds appropriated under title III of
    this Act to carry out part I of the Foreign Assistance Act of 1961,
    including funds appropriated under the heading ``Assistance for Europe,
    Eurasia and Central Asia'', may be used, in addition to funds otherwise
    available for such purposes, for the cost (including the support costs)
    of individuals detailed to or employed by USAID whose primary
    responsibility is to carry out programs in response to natural
    disasters.
        (j) Technical Advisors.--Up to $13,500,000 of the funds made
    available by this Act in title III for assistance under the heading
    ``Global Health and Child Survival'', may be used to reimburse United
    States Government agencies, agencies of State governments, institutions
    of higher learning, and private and voluntary organizations for the full
    cost of individuals (including for the personal services of such
    individuals) detailed or assigned to, or contracted by, as the case may
    be, USAID for the purpose of carrying out activities under that heading:
    Provided, That up to $3,500,000 of the funds made available by this Act
    for assistance under the heading ``Development Assistance'' may be used
    to reimburse such agencies, institutions, and organizations for such
    costs of such individuals carrying out other development assistance
    activities.
        (k) Personal Services Contractors.--Funds appropriated by this Act
    to carry out chapter 1 of part I, chapter 4 of part II, and section 667
    of the Foreign Assistance Act of 1961, and title II of the Agricultural
    Trade Development and Assistance Act of 1954, may be used by USAID to
    employ up to 25 personal services contractors in the United States,
    notwithstanding any other provision of law, for the purpose of providing
    direct, interim support for new or expanded overseas programs and
    activities managed by the agency until permanent direct hire personnel
    are hired and trained: <<NOTE: Assignment.>>  Provided, That not more
    than 10 of such contractors shall be assigned to any bureau or office:
    Provided further, That such funds appropriated to carry out title II of
    the Agricultural Trade Development and Assistance Act of 1954, may be
    made available only for personal services contractors assigned to the
    Office of Food for Peace.

        (l) Recruitment Strategy.--Not <<NOTE: Deadline.>>  later than
    December 31, 2009, the USAID Administrator, after consulting with the
    Secretaries of Defense, Treasury, Agriculture, Interior, Energy, and
    Health and Human Services, the Director of the Centers for Disease
    Control and Prevention, the Administrator of the Environmental
    Protection Agency, and the heads of other relevant Federal departments
    and agencies, shall submit to the Committees on Appropriations a
    recruitment strategy for current and former employees from such
    departments and agencies who possess skills and/or overseas experience
    which would enhance USAID's capacity to carry out its
    mission: <<NOTE: Notification.>>  Provided, That funds made available
    under the

    [[Page 123 STAT. 898]]

    heading ``Operating Expenses'' in title II of this Act may be made
    available to implement the strategy described in the previous proviso,
    subject to the regular notification procedures of the Committees on
    Appropriations.

        (m) Hiring Authority.--Notwithstanding section 307 of the Foreign
    Service Act of 1980, the USAID Administrator may hire up to 30
    individuals under the Development Leadership Initiative: Provided,
    That <<NOTE: Expiration date.>>  the authority contained in this
    subsection shall expire on September 30, 2010.

                            global health activities

        Sec. 7060. (a) Funds appropriated by titles III and IV of this Act
    that are made available for bilateral assistance for child survival
    activities or disease programs including activities relating to research
    on, and the prevention, treatment and control of, HIV/AIDS may be made
    available notwithstanding any other provision of law except for the
    provisions under the heading ``Global Health and Child Survival'' and
    the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria
    Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended:
    Provided, That of the funds appropriated under title III of this Act,
    not less than $545,000,000 should be made available for family planning/
    reproductive health.
        (b) Notwithstanding <<NOTE: Reports.>>  any other provision of this
    Act, 10 percent of the funds that are appropriated by this Act for a
    contribution to support the Global Fund to Fight AIDS, Tuberculosis and
    Malaria (the ``Global Fund'') shall be withheld from obligation to the
    Global Fund until the Secretary of State reports to the Committees on
    Appropriations that the Global Fund--
                (1) is releasing incremental disbursements only if grantees
            demonstrate progress against clearly defined performance
            indicators; and
                (2) is implementing a reporting system that breaks down
            grantee budget allocations by programmatic activity.

                           DEVELOPMENT GRANTS PROGRAM

        Sec. 7061. Of the funds appropriated by this Act under the heading
    ``Development Assistance'', not less than $40,000,000 shall be made
    available for the Development Grants Program established pursuant to
    section 674 of the Department of State, Foreign Operations, and Related
    Programs Appropriations Act, 2008 (division J of Public Law 110-161):
    Provided, That funds made available under this section are in addition
    to other funds available for such purposes including funds designated by
    this Act by section 7065.

                              women in development

        Sec. 7062. (a) Programs funded under title III of this Act should
    include, where appropriate, gender considerations in the planning,
    assessment, implementation, monitoring and evaluation of such programs.
        (b) Funds made available under title III of this Act should be made
    available to support programs to enhance economic opportunities for poor
    women in developing countries, including increasing the number and
    capacity of women-owned enterprises, improving property rights for
    women, increasing access to financial

    [[Page 123 STAT. 899]]

    services, and improving women's ability to participate in the global
    economy.

                              gender-based violence

        Sec. 7063. (a) Funds appropriated under the headings ``Development
    Assistance'' and ``Economic Support Fund'' in this Act shall be made
    available for programs to address sexual and gender-based violence.
        (b) Programs and activities funded under titles III and IV of this
    Act that provide training for foreign police, judicial, and military
    officials shall address, where appropriate, gender-based violence.

                                    education

        Sec. 7064. (a) Basic Education.--
                (1) Of the funds appropriated by title III of this Act and
            by prior Acts for fiscal year 2009, not less than $700,000,000
            should be made available for assistance for basic education, of
            which not less than $400,000,000 shall be made available under
            the heading ``Development Assistance''.
                (2) There <<NOTE: Continuation. 22 USC 2651a note.>>  shall
            continue to be a Coordinator of United States government actions
            to provide basic education assistance in developing countries as
            established in section 664 of division J of Public Law 110-161.
                (3) Funds <<NOTE: Strategic plan.>>  appropriated for basic
            education in this Act shall be made available for a pilot
            program in three countries to develop and evaluate the
            effectiveness and implementation of a 5-year basic education
            strategic plan.

        (b) Higher Education.--Of the funds appropriated by title III of
    this Act and by prior Acts for fiscal year 2009, not less than
    $133,000,000 shall be made available for assistance for higher
    education.

                             reconciliation programs

        Sec. 7065. Of the funds appropriated under the headings
    ``Development Assistance'' and ``Economic Support Fund'' in this Act,
    $25,000,000 shall be made available for reconciliation programs which
    bring together and facilitate interaction between individuals of
    different ethnic, religious and political backgrounds from areas of
    civil conflict and war, of which $9,000,000 shall be made available for
    such programs in the Middle East: <<NOTE: Consultation.>>  Provided,
    That the Administrator of the United States Agency for International
    Development shall consult with the Committees on Appropriations, prior
    to the initial obligation of funds, on the most effective uses of such
    funds.

                        comprehensive expenditures report

        Sec. 7066. Not later than 180 days after the date of enactment of
    this Act, the Secretary of State shall submit a report to the Committees
    on Appropriations detailing the total amount of United States Government
    expenditures in fiscal years 2007 and 2008, by Federal agency, for
    assistance programs and activities in each foreign country, identifying
    the line item as presented in the President's Budget Appendix and the
    purpose for which the funds were

    [[Page 123 STAT. 900]]

    provided: Provided, That if required, information may be submitted in
    classified form.

                             requests for documents

        Sec. 7067. None of the funds appropriated or made available pursuant
    to titles III through VI of this Act shall be available to a
    nongovernmental organization, including any contractor, which fails to
    provide upon timely request any document, file, or record necessary to
    the auditing requirements of the United States Agency for International
    Development.

                          senior policy operating group

        Sec. 7068. (a) The Senior Policy Operating Group on Trafficking in
    Persons, established under section 105(f) of the Victims of Trafficking
    and Violence Protection Act of 2000 (22 U.S.C. 7103(f)) to coordinate
    agency activities regarding policies (including grants and grant
    policies) involving the international trafficking in persons, shall
    coordinate all such policies related to the activities of traffickers
    and victims of severe forms of trafficking.
        (b) None of the funds provided under title I of this or any other
    Act making appropriations for the Department of State, foreign
    operations, and related programs shall be expended to perform functions
    that duplicate coordinating responsibilities of the Operating Group.
        (c) The Operating Group shall continue to report only to the
    authorities that appointed them pursuant to section 105(f).

                          prohibition on use of torture

        Sec. 7069. None of the funds made available in this Act shall be
    used in any way whatsoever to support or justify the use of torture,
    cruel or inhumane treatment by any official or contract employee of the
    United States Government.

                                     africa

        Sec. 7070. (a) Expanded International Military Education and
    Training.--
                (1) Funds appropriated under the heading ``International
            Military Education and Training'' in this Act that are made
            available for assistance for Angola, Cameroon, Central African
            Republic, Chad, Cote D'Ivoire, and Guinea may be made available
            only for expanded international military education and training.
                (2) None of the funds appropriated under the heading
            ``International Military Education and Training'' in this Act
            may be made available for assistance for Equatorial Guinea.

        (b)(1) Sudan Limitation on Assistance.--Subject to subsection (2):
                (A) Notwithstanding any other provision of law, none of the
            funds appropriated by this Act may be made available for
            assistance for the Government of Sudan.
                (B) None of the funds appropriated by this Act may be made
            available for the cost, as defined in section 502, of the
            Congressional Budget Act of 1974, of modifying loans and loan
            guarantees held by the Government of Sudan, including the

    [[Page 123 STAT. 901]]

            cost of selling, reducing, or canceling amounts owed to the
            United States, and modifying concessional loans, guarantees, and
            credit agreements.

        (2) Subsection <<NOTE: Determination. Certification.>>  (b)(1) shall
    not apply if the Secretary of State determines and certifies to the
    Committees on Appropriations that:
                (A) The Government of Sudan honors its pledges to cease
            attacks upon civilians and disarms and demobilizes the Janjaweed
            and other government-supported militias.
                (B) The Government of Sudan and all government-supported
            militia groups are honoring their commitments made in all
            previous cease-fire agreements.
                (C) The Government of Sudan is allowing unimpeded access to
            Darfur to humanitarian aid organizations, the human rights
            investigation and humanitarian teams of the United Nations,
            including protection officers, and an international monitoring
            team that is based in Darfur and has the support of the United
            States.

        (3) Exceptions.--The provisions of subsection (b)(1) shall not apply
    to--
                (A) humanitarian assistance;
                (B) assistance for the Darfur region, Southern Sudan,
            Southern Kordofan/Nuba Mountains State, Blue Nile State, and
            Abyei; and
                (C) assistance to support implementation of the
            Comprehensive Peace Agreement and the Darfur Peace Agreement or
            any other internationally-recognized viable peace agreement in
            Sudan.

        (4) Definitions.--For the purposes of this Act, the term
    ``Government of Sudan'' shall not include the Government of Southern
    Sudan.
        (5) Notwithstanding any other law, assistance in this Act may be
    made available to the Government of Southern Sudan to provide non-lethal
    military assistance, military education and training, and defense
    services controlled under the International Traffic in Arms Regulations
    (22 CRF 120.1 et seq.) if the Secretary of State--
                (A) determines <<NOTE: Determination.>>  that the provision
            of such items is in the national interest of the United States;
            and
                (B) not <<NOTE: Deadline. Notification.>>  later than 15
            days before the provision of any such assistance, notifies the
            Committees on Appropriations of such determination.

        (c) Horn of Africa and Pan Sahel Program.--Funds appropriated under
    the heading ``Economic Support Fund'' in this Act that are made
    available for programs and activities to counter extremism in the Horn
    of Africa and the Pan Sahel region of Africa, shall be administered by
    the United States Agency for International Development, and are in
    addition to funds otherwise made available for such purposes.
    (d) War Crimes in Africa.--
                (1) The Congress reaffirms its support for the efforts of
            the International Criminal Tribunal for Rwanda (ICTR) and the
            Special Court for Sierra Leone (SCSL) to bring to justice
            individuals responsible for war crimes and crimes against
            humanity in a timely manner.
                (2) Funds <<NOTE: Determination. Reports.>>  appropriated by
            this Act, including funds for debt restructuring, may be made
            available for assistance for the central government of a country
            in which individuals indicted by ICTR and SCSL are credibly
            alleged to be living,

    [[Page 123 STAT. 902]]

            if the Secretary of State determines and reports to the
            Committees on Appropriations that such government is cooperating
            with ICTR and SCSL, including the surrender and transfer of
            indictees in a timely manner: Provided, That this subsection
            shall not apply to assistance provided under section 551 of the
            Foreign Assistance Act of 1961 or to project assistance under
            title VI of this Act: Provided further, That the United States
            shall use its voice and vote in the United Nations Security
            Council to fully support efforts by ICTR and SCSL to bring to
            justice individuals indicted by such tribunals in a timely
            manner.
                (3) The <<NOTE: Waiver authority. President.>>  prohibition
            in subsection (2) may be waived on a country-by-country basis if
            the President determines that doing so is in the national
            security interest of the United States: <<NOTE: Reports.>>
            Provided, That prior to exercising such waiver authority, the
            President shall submit a report to the Committees on
            Appropriations, in classified form if necessary, on--
                        (A) the steps being taken to obtain the cooperation
                    of the government in surrendering the indictee in
                    question to the court of jurisdiction;
                        (B) a strategy, including a timeline, for bringing
                    the indictee before such court; and
                        (C) the justification for exercising the waiver
                    authority.

        (e) Zimbabwe.--
                (1) The <<NOTE: Loans. Determination. Reports. 22 USC 2151
            note.>>  Secretary of the Treasury shall instruct the United
            States executive director to each international financial
            institution to vote against any extension by the respective
            institution of any loans to the Government of Zimbabwe, except
            to meet basic human needs or to promote democracy, unless the
            Secretary of State determines and reports in writing to the
            Committees on Appropriations that the rule of law has been
            restored in Zimbabwe, including respect for ownership and title
            to property, freedom of speech and association, and a transition
            government has been established that reflects the will of the
            people as they voted in the March 2008 elections.
                (2) None <<NOTE: Determination.>>  of the funds appropriated
            by this Act shall be made available for assistance for the
            central government of Zimbabwe unless the Secretary of State
            makes the determination pursuant to subsection (e)(1).

                                      asia

        Sec. 7071. (a) Tibet.--
                (1) The Secretary of the Treasury should instruct the United
            States executive director to each international financial
            institution to use the voice and vote of the United States to
            support projects in Tibet if such projects do not provide
            incentives for the migration and settlement of non-Tibetans into
            Tibet or facilitate the transfer of ownership of Tibetan land
            and natural resources to non-Tibetans; are based on a thorough
            needs-assessment; foster self-sufficiency of the Tibetan people
            and respect Tibetan culture and traditions; and are subject to
            effective monitoring.
                (2) Notwithstanding any other provision of law, not less
            than $7,300,000 of the funds appropriated by this Act under the
            heading ``Economic Support Fund'' should be made available to
            nongovernmental organizations to support activities which

    [[Page 123 STAT. 903]]

            preserve cultural traditions and promote sustainable development
            and environmental conservation in Tibetan communities in the
            Tibetan Autonomous Region and in other Tibetan communities in
            China.

        (b) Burma.--
                (1) The <<NOTE: Loans. 50 USC 1701 note.>>  Secretary of the
            Treasury shall instruct the United States executive director to
            each appropriate international financial institution in which
            the United States participates, to oppose and vote against the
            extension by such institution any loan or financial or technical
            assistance or any other utilization of funds of the respective
            bank to and for Burma.
                (2) Of the funds appropriated by this Act under the heading
            ``Economic Support Fund'', not less than $15,000,000 shall be
            made available to support democracy activities in Burma, along
            the Burma-Thailand border, for activities of Burmese student
            groups and other organizations located outside Burma, and for
            the purpose of supporting the provision of humanitarian
            assistance to displaced Burmese along Burma's borders: Provided,
            That such funds may be made available notwithstanding any other
            provision of law: <<NOTE: Thailand.>>  Provided further, That in
            addition to assistance for Burmese refugees provided under the
            heading ``Migration and Refugee Assistance'' in this Act, not
            less than $4,000,000 shall be made available for community-based
            organizations operating in Thailand to provide food, medical and
            other humanitarian assistance to internally displaced persons in
            eastern Burma: <<NOTE: Notification.>>  Provided further, That
            funds made available under this paragraph shall be subject to
            the regular notification procedures of the Committees on
            Appropriations.

        (c) Indonesia.--
                (1) Of <<NOTE: Reports.>>  the funds appropriated by this
            Act under the heading ``Foreign Military Financing Program'',
            not to exceed $15,700,000 shall be made available for assistance
            for Indonesia, of which $2,000,000 shall be made available only
            after the Secretary of State submits to the Committees on
            Appropriations the report on Indonesia detailed in the
            explanatory statement described in section 4 (in the matter
            preceding division A of this consolidated Act) under such
            heading.
                (2) Of the funds appropriated by this Act under the heading
            ``Economic Support Fund'' that are available for assistance for
            Indonesia, not less than $300,000 should be made available for
            grants for capacity building of Indonesian human rights
            organizations, including in Papua.

        (d) Cambodia.--Funds <<NOTE: Human trafficking.>>  appropriated
    under the heading ``Economic Support Fund'' in this Act for assistance
    for Cambodia may be used for an endowment, and shall be made available
    to strengthen the capacity of the Government of Cambodia to combat human
    trafficking, notwithstanding any other provision of law.

        (e) North Korea.--
                (1) Funds <<NOTE: Refugees.>>  made available under the
            heading ``Migration and Refugee Assistance'' in this Act shall
            be made available for assistance for refugees from North Korea.
                (2) Of the funds made available under the heading
            ``International Broadcasting Operations'' in title I of this
            Act, not less than $8,000,000 shall be made available for
            broadcasts into North Korea.
                (3) None <<NOTE: Energy. Determination. Reports.>>  of the
            funds made available under the heading ``Economic Support Fund''
            in fiscal year 2009 may be made

    [[Page 123 STAT. 904]]

            available for obligation for energy-related assistance for North
            Korea unless the Secretary of State determines and reports to
            the Committees on Appropriations that North Korea is continuing
            to fulfill its commitments under the Six Party Talks agreements.

        (f) People's Republic of China.--
                (1) Notwithstanding <<NOTE: Notification.>>  any other
            provision of law and subject to the regular notification
            procedures of the Committees on Appropriations, of the funds
            appropriated under the heading ``Development Assistance'' in
            this Act, not less than $11,000,000 shall be made available to
            United States educational institutions and nongovernmental
            organizations for programs and activities in the People's
            Republic of China relating to the environment, governance and
            the rule of law.
                (2) None <<NOTE: Exports and
            imports. Deadline. Notification.>>  of the funds appropriated
            under the heading ``Diplomatic and Consular Programs'' in this
            Act may be obligated or expended for processing licenses for the
            export of satellites of United States origin (including
            commercial satellites and satellite components) to the People's
            Republic of China unless, at least 15 days in advance, the
            Committees on Appropriations are notified of such proposed
            action.
                (3) Not <<NOTE: Deadline. Reports. Web posting. Mandarin.>>
            later than 180 days after enactment of this Act, the Secretary
            of State shall submit a report to the Committees on
            Appropriations detailing, to the extent practicable, the amount
            of assistance provided by the People's Republic of China to
            governments and entities in Latin America and Africa during the
            previous calendar year, and shall make such report publicly
            available in a timely manner on the website of the Department of
            State and the United States Agency for International Development
            in English and Mandarin.
                (4) Of <<NOTE: Mandarin.>>  the funds appropriated under the
            heading ``Diplomatic and Consular Programs'' in this Act,
            $1,000,000 shall be made available to the Bureau of
            International Information Programs to disseminate information,
            in Mandarin, in the People's Republic of China: <<NOTE: Web
            posting. Text messaging.>>  Provided, That such information
            shall include issues of governance, transparency, corruption,
            rule of law, and the environment, and the findings of the report
            required by paragraph (3) of this subsection, and shall be
            disseminated through the Internet, text messaging or other
            means, and directed to economically depressed areas of the
            People's Republic of China: Provided further, That such funds
            are in addition to funds otherwise made available for such
            purposes: <<NOTE: Consultation.>>  Provided further, That the
            Department of State shall consult with the Committees on
            Appropriations prior to the initial obligation of funds made
            available by this subsection.
                (5) The <<NOTE: Applicability. People's Liberation Army.>>
            terms and requirements of section 620(h) of the Foreign
            Assistance Act of 1961 shall apply to foreign assistance
            projects or activities of the People's Liberation Army (PLA) of
            the People's Republic of China, to include such projects or
            activities by any entity that is owned or controlled by, or an
            affiliate of, the PLA: Provided, That none of the funds
            appropriated or otherwise made available pursuant to this Act
            may be used to finance any grant, contract, or cooperative
            agreement with the PLA, or any entity that the Secretary of
            State has reason to believe is owned or controlled by, or an
            affiliate of, the PLA.

    [[Page 123 STAT. 905]]

        (g) Philippines.--Of <<NOTE: Reports.>>  the funds appropriated by
    this Act under the heading ``Foreign Military Financing Program'', not
    to exceed $30,000,000 may be made available for assistance for the
    Philippines, of which $2,000,000 may not be obligated until the
    Secretary of State reports in writing to the Committees on
    Appropriations that--
                (1) the Government of the Philippines is taking effective
            steps to implement the recommendations of the United Nations
            Special Rapporteur on Extra-judicial, Summary or Arbitrary
            Executions, to include prosecutions and convictions for
            extrajudicial executions; sustaining the decline in the number
            of extra-judicial executions; addressing allegations of a death
            squad in Davao City; and strengthening government institutions
            working to eliminate extra-judicial executions;
                (2) the Government of the Philippines is implementing a
            policy of promoting military personnel who demonstrate
            professionalism and respect for internationally recognized human
            rights, and is investigating and prosecuting military personnel
            and others who have been credibly alleged to have violated such
            rights; and
                (3) the Philippine Armed Forces do not have a policy of, and
            are not engaging in, acts of intimidation or violence against
            members of legal organizations who advocate for human rights.

        (h) Vietnam.--Notwithstanding any other provision of law, funds
    appropriated under the heading ``Development Assistance'' in this Act
    may be made available for programs and activities in the central
    highlands of Vietnam, and shall be made available for environmental
    remediation and related health activities in Vietnam.

                                     serbia

        Sec. 7072. (a) Funds appropriated by this Act may be made available
    for assistance for the central Government of Serbia after May 31, 2009,
    if the President has made the determination and certification contained
    in subsection (c).
        (b) After May 31, 2009, the Secretary of the Treasury should
    instruct the United States executive directors to the international
    financial institutions to support loans and assistance to the Government
    of Serbia subject to the conditions in subsection (c).
        (c) The <<NOTE: Determination. Certification. Ratko Mladic.>>
    determination and certification referred to in subsection (a) is a
    determination and a certification by the President to the Committees on
    Appropriations that the Government of Serbia is--
                (1) cooperating with the International Criminal Tribunal for
            the former Yugoslavia including access for investigators, the
            provision of documents, timely information on the location,
            movement, and sources of financial support of indictees, and the
            surrender and transfer of indictees or assistance in their
            apprehension, including Ratko Mladic;
                (2) taking steps that are consistent with the Dayton Accords
            to end Serbian financial, political, security and other support
            which has served to maintain separate Republika Srpska
            institutions; and
                (3) taking steps to implement policies which reflect a
            respect for minority rights and the rule of law.

        (d) This section shall not apply humanitarian assistance or
    assistance to promote democracy.

    [[Page 123 STAT. 906]]

                  independent states of the former soviet union

        Sec. 7073. (a) None of the funds appropriated under the heading
    ``Assistance for Europe, Eurasia and Central Asia'' shall be made
    available for assistance for a government of an Independent State of the
    former Soviet Union if that government directs any action in violation
    of the territorial integrity or national sovereignty of any other
    Independent State of the former Soviet Union, such as those violations
    included in the Helsinki Final Act: <<NOTE: President. Determination.>>
    Provided, That such funds may be made available without regard to the
    restriction in this subsection if the President determines that to do so
    is in the national security interest of the United States.

        (b) Funds <<NOTE: Notification.>>  appropriated under the heading
    ``Assistance for Europe, Eurasia and Central Asia'' for the Russian
    Federation, Armenia, Kazakhstan, and Uzbekistan shall be subject to the
    regular notification procedures of the Committees on Appropriations.

        (c)(1) Of <<NOTE: President. Determination. Certification.>>  the
    funds appropriated under the heading ``Assistance for Europe, Eurasia
    and Central Asia'' that are allocated for assistance for the Government
    of the Russian Federation, 60 percent shall be withheld from obligation
    until the President determines and certifies in writing to the
    Committees on Appropriations that the Government of the Russian
    Federation--
                (A) has terminated implementation of arrangements to provide
            Iran with technical expertise, training, technology, or
            equipment necessary to develop a nuclear reactor, related
            nuclear research facilities or programs, or ballistic missile
            capability; and
                (B) is providing full access to international non-government
            organizations providing humanitarian relief to refugees and
            internally displaced persons in Chechnya.

        (2) Paragraph (1) shall not apply to--
                (A) assistance to combat infectious diseases, child survival
            activities, or assistance for victims of trafficking in persons;
            and
                (B) activities authorized under title V (Nonproliferation
            and Disarmament Programs and Activities) of the FREEDOM Support
            Act.

        (d) Section 907 of the FREEDOM Support Act shall not apply to--
                (1) activities to support democracy or assistance under
            title V of the FREEDOM Support Act and section 1424 of Public
            Law 104-201 or non-proliferation assistance;
                (2) any assistance provided by the Trade and Development
            Agency under section 661 of the Foreign Assistance Act of 1961
            (22 U.S.C. 2421);
                (3) any activity carried out by a member of the United
            States and Foreign Commercial Service while acting within his or
            her official capacity;
                (4) any insurance, reinsurance, guarantee or other
            assistance provided by the Overseas Private Investment
            Corporation under title IV of chapter 2 of part I of the Foreign
            Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
                (5) any financing provided under the Export-Import Bank Act
            of 1945; or
                (6) humanitarian assistance.

    [[Page 123 STAT. 907]]

                      repression in the russian federation

        Sec. 7074. (a) <<NOTE: Time
    period. President. Determination. Certification.>>  None of the funds
    appropriated under the heading ``Assistance for Europe, Eurasia and
    Central Asia'' in this Act may be made available for the Government of
    the Russian Federation, after 180 days from the date of the enactment of
    this Act, unless the President determines and certifies in writing to
    the Committees on Appropriations that the Government of the Russian
    Federation: (1) has implemented no statute, Executive order, regulation
    or similar government action that would discriminate, or which has as
    its principal effect discrimination, against religious groups or
    religious communities in the Russian Federation in violation of accepted
    international agreements on human rights and religious freedoms to which
    the Russian Federation is a party; and (2) is (A) honoring its
    international obligations regarding freedom of expression, assembly, and
    press, as well as due process; (B) investigating and prosecuting law
    enforcement personnel credibly alleged to have committed human rights
    abuses against political leaders, activists and journalists; and (C)
    immediately releasing political leaders, activists and journalists who
    remain in detention.

        (b) The <<NOTE: Waiver authority. Determination.>>  Secretary of
    State may waive the requirements of subsection (a) if the Secretary
    determines that to do so is important to the national interests of the
    United States.

                                  central asia

        Sec. 7075. (a) <<NOTE: Kazakhstan. Determinations. Reports.>>  Funds
    appropriated by this Act may be made available for assistance for the
    Government of Kazakhstan only if the Secretary of State determines and
    reports to the Committees on Appropriations that the Government of
    Kazakhstan has made significant improvements in the protection of human
    rights and civil liberties during the preceding 6 month period,
    including by fulfilling obligations recommended by the Organization for
    Security and Cooperation in Europe (OSCE) in the areas of election
    procedures, media freedom, freedom of religion, free assembly and
    minority rights, and by meeting the commitments it made in connection
    with its assumption of the Chairmanship of the OSCE in 2010.

        (b) The <<NOTE: Waiver authority.>>  Secretary of State may waive
    subsection (a) if the Secretary determines and reports to the Committees
    on Appropriations that such a waiver is important to the national
    security of the United States.

        (c) Not <<NOTE: Deadline.>>  later than October 1, 2009, the
    Secretary of State shall submit a report to the Committees on
    Appropriations describing the following:
                (1) The defense articles, defense services, and financial
            assistance provided by the United States to the countries of
            Central Asia during the 12-month period ending 30 days prior to
            submission of such report.
                (2) The use during such period of defense articles, defense
            services, and financial assistance provided by the United States
            by units of the armed forces, border guards, or other security
            forces of such countries.

        (d) For <<NOTE: Definition.>>  purposes of this section, the term
    ``countries of Central Asia'' means Uzbekistan, Kazakhstan, Kyrgyz
    Republic, Tajikistan, and Turkmenistan.

    [[Page 123 STAT. 908]]

                                   uzbekistan

        Sec. 7076. (a) <<NOTE: Human rights. Determinations. Reports.>>
    Funds appropriated by this Act may be made available for assistance for
    the central Government of Uzbekistan only if the Secretary of State
    determines and reports to the Committees on Appropriations that the
    Government of Uzbekistan is making substantial and continuing progress--
                (1) in meeting its commitments under the ``Declaration on
            the Strategic Partnership and Cooperation Framework Between the
            Republic of Uzbekistan and the United States of America'',
            including respect for internationally recognized human rights,
            establishing a genuine multi-party system, and ensuring free and
            fair elections, freedom of expression, and the independence of
            the media; and
                (2) in investigating and prosecuting the individuals
            responsible for the deliberate killings of civilians in Andijan
            in May 2005.

        (b) If <<NOTE: Deadline.>>  the Secretary of State has credible
    evidence that any current or former official of the Government of
    Uzbekistan was responsible for the deliberate killings of civilians in
    Andijan in May 2005, or for other violations of internationally
    recognized human rights in Uzbekistan, not later than 6 months after
    enactment of this Act any person identified by the Secretary pursuant to
    this subsection shall be ineligible for admission to the United States.

        (c) The restriction in subsection (b) shall cease to apply if the
    Secretary determines and reports to the Committees on Appropriations
    that the Government of Uzbekistan has taken concrete and measurable
    steps to improve respect for internationally recognized human rights,
    including allowing peaceful political and religious expression,
    releasing imprisoned human rights defenders, and implementing
    recommendations made by the United Nations on torture.
        (d) The <<NOTE: Waiver authority.>>  Secretary may waive the
    application of subsection (b) if the Secretary determines that admission
    to the United States is necessary to attend the United Nations or to
    further United States law enforcement objectives.

        (e) For <<NOTE: Definition.>>  the purpose of this section
    ``assistance'' shall include excess defense articles.

                                   afghanistan

        Sec. 7077. Of the funds appropriated under titles III and IV of this
    Act, not less than $1,041,950,000 should be made available for
    assistance for Afghanistan, of which not less than $100,000,000 shall be
    made available to support programs that directly address the needs of
    Afghan women and girls, including for the Afghan Independent Human
    Rights Commission, the Afghan Ministry of Women's Affairs, and for
    women-led nonprofit organizations in Afghanistan.

                                enterprise funds

        Sec. 7078. (a) <<NOTE: President. Notification. Distribution
    plan.>>  Prior to the distribution of any assets resulting from any
    liquidation, dissolution, or winding up of an Enterprise Fund, in whole
    or in part, the President shall submit to the Committees on
    Appropriations, in accordance with the regular notification

    [[Page 123 STAT. 909]]

    procedures of the Committees on Appropriations, a plan for the
    distribution of the assets of the Enterprise Fund.

        (b) Funds made available under titles III through VI of this Act for
    Enterprise Funds shall be expended at the minimum rate necessary to make
    timely payment for projects and activities and shall be subject to the
    regular notification procedures of the Committees on Appropriations.

                         united nations population fund

        Sec. 7079. (a) Contribution.--Of the funds made available under the
    headings ``International Organizations and Programs'' and ``Global
    Health and Child Survival'' in this Act for fiscal year 2009,
    $50,000,000 shall be made available for the United Nations Population
    Fund (UNFPA), of which not more than $30,000,000 shall be derived from
    funds appropriated under the heading ``International Organizations and
    Programs''.
        (b) Availability of Funds.--Funds <<NOTE: Notification.>>
    appropriated by this Act for UNFPA, that are not made available because
    of the operation of any provision of law, shall be made available to
    UNFPA notwithstanding any such provision of law, subject to the regular
    notification procedures of the Committees on Appropriations, only for
    the following purposes and subject to the provisions of this section--
                (1) provide and distribute equipment, medicine, and
            supplies, including safe delivery kits and hygiene kits, to
            ensure safe childbirth and emergency obstetric care;
                (2) make available supplies of contraceptives for the
            prevention of unintended pregnancies and the spread of sexually
            transmitted infections, including HIV/AIDS;
                (3) prevent and treat cases of obstetric fistula;
                (4) reestablish maternal health services in areas where
            medical infrastructure and such services have been destroyed or
            limited by natural disasters, armed conflict, or other factors;
                (5) promote abandonment of female genital mutilation and
            cutting and child marriage; and
                (6) promote access to basic services, including clean water,
            sanitation facilities, food, and health care, for poor women and
            girls.

        (c) Prohibition on Use of Funds in China.--None of the funds made
    available by this Act may be used by UNFPA for a country program in the
    People's Republic of China.
        (d) Conditions on Availability of Funds.--Funds made available by
    this Act for UNFPA may be made available if--
                (1) UNFPA maintains funds made available by this Act in an
            account separate from other accounts of UNFPA and does not
            commingle such funds with other sums; and
                (2) UNFPA <<NOTE: Abortion.>>  does not fund abortions.

        (e) Report to Congress and Witholding of Funds.--
                (1) Not later than 60 days after the date of enactment of
            this Act, the Secretary of State shall submit a report to the
            Committees on Appropriations indicating the amount of funds that
            the UNFPA is budgeting for the year in which the report is
            submitted for a country program in the People's Republic of
            China.
                (2) If the report under this subparagraph indicates that the
            UNFPA plans to spend funds for a country program in the People's
            Republic of China in the year covered by the

    [[Page 123 STAT. 910]]

            report, then the amount of such funds the UNFPA plans to spend
            in the People's Republic of China shall be deducted from the
            funds made available to the UNFPA after March 1 for obligation
            for the remainder of the fiscal year in which the report is
            submitted.

                     prohibition on publicity or propaganda

        Sec. 7080. No part of any appropriation contained in this Act shall
    be used for publicity or propaganda purposes within the United States
    not authorized before the date of the enactment of this Act by the
    Congress: Provided, That not to exceed $25,000 may be made available to
    carry out the provisions of section 316 of Public Law 96-533.

                                      opic

                          (including transfer of funds)

        Sec. 7081. <<NOTE: Termination date. 22 USC 2194 note.>>  (a)
    Authority.--Notwithstanding section 235(a)(2) of the Foreign Assistance
    Act of 1961 (22 U.S.C. 2195(a)(2)), the authority of subsections (a)
    through (c) of section 234 of such Act shall remain in effect through
    September 30, 2009.

        (b) Funding.--Whenever <<NOTE: President. Determination.>>  the
    President determines that it is in furtherance of the purposes of the
    Foreign Assistance Act of 1961, up to a total of $20,000,000 of the
    funds appropriated under title III of this Act may be transferred to,
    and merged with, funds appropriated by this Act for the Overseas Private
    Investment Corporation Program Account, to be subject to the terms and
    conditions of that account: Provided, That such funds shall not be
    available for administrative expenses of the Overseas Private Investment
    Corporation: Provided further, That designated funding levels in this
    Act shall not be transferred pursuant to this
    section: <<NOTE: Notification.>>  Provided further, That the exercise of
    such authority shall be subject to the regular notification procedures
    of the Committees on Appropriations.

                                   extradition

        Sec. 7082. (a) None of the funds appropriated in this Act may be
    used to provide assistance (other than funds provided under the headings
    ``International Narcotics Control and Law Enforcement'', ``Migration and
    Refugee Assistance'', ``Emergency Migration and Refugee Assistance'',
    and ``Nonproliferation, Anti-terrorism, Demining and Related
    Assistance'') for the central government of a country which has notified
    the Department of State of its refusal to extradite to the United States
    any individual indicted for a criminal offense for which the maximum
    penalty is life imprisonment without the possibility of parole or for
    killing a law enforcement officer, as specified in a United States
    extradition request.
        (b) Subsection <<NOTE: Applicability.>>  (a) shall only apply to the
    central government of a country with which the United States maintains
    diplomatic relations and with which the United States has an extradition
    treaty and the government of that country is in violation of the terms
    and conditions of the treaty.

        (c) The <<NOTE: Waiver authority. Certification.>>  Secretary of
    State may waive the restriction in subsection (a) on a case-by-case
    basis if the Secretary certifies to

    [[Page 123 STAT. 911]]

    the Committees on Appropriations that such waiver is important to the
    national interests of the United States.

                             ENERGY AND ENVIRONMENT

        Sec. 7083. (a) Clean Energy.--Of the funds appropriated by title III
    of this Act, not less than $100,000,000 shall be made available to the
    United States Agency for International Development (USAID), in addition
    to funds otherwise made available for such purposes, for programs and
    activities that reduce global warming by promoting the sustainable use
    of renewable energy technologies and energy efficient end-use
    technologies, carbon sequestration, and carbon accounting.
        (b) Climate Change Adaptation.--Of <<NOTE: Web
    posting. Deadline. Reports.>>  the funds appropriated by this Act, up to
    $10,000,000 shall be made available for a United States contribution to
    the Least Developed Countries Fund to support grants for climate change
    adaptation programs and activities, if the Global Environment Facility
    makes publicly available on its website an annual report detailing the
    criteria used to determine which programs and activities receive funds,
    the manner in which such programs and activities meet such criteria, the
    extent of local involvement in such programs and activities, the amount
    of funds provided, and the results achieved.

        (c) Biodiversity.--Of the funds appropriated by title III of this
    Act and by prior Acts for fiscal year 2009, not less than $195,000,000
    shall be made available for programs and activities which directly
    protect biodiversity, including tropical forests and wildlife, in
    developing countries, of which not less than $25,000,000 shall be made
    available for USAID's conservation programs in the Amazon Basin:
    Provided, That of the funds made available under this paragraph, not
    less than $17,500,000 shall be made available for the Congo Basin Forest
    Partnership of which not less than $2,500,000 shall be made available to
    the United States Fish and Wildlife Service for conservation programs in
    Africa: Provided further, That funds appropriated by this Act to carry
    out the provisions of sections 103 through 106, and chapter 4 of part
    II, of the Foreign Assistance Act of 1961 may be used, notwithstanding
    any other provision of law, for the purpose of supporting tropical
    forestry and biodiversity conservation activities and energy programs
    aimed at reducing greenhouse gas emissions: Provided further, That funds
    appropriated under the heading ``Development Assistance'' may be made
    available as a contribution to the Galapagos Invasive Species Fund.
        (d)(1) Extraction of Natural Resources.--The Secretary of the
    Treasury shall inform the managements of the international financial
    institutions and the public that it is the policy of the United States
    to oppose any assistance by such institutions (including but not limited
    to any loan, credit, grant, or guarantee) for the extraction and export
    of oil, gas, coal, timber, or other natural resource unless the
    government of the country has in place functioning systems for: (i)
    accurately accounting for payments for companies involved in the
    extraction and export of natural resources; (ii) the independent
    auditing of accounts receiving such payments and the widespread public
    dissemination of the findings of such audits; and (iii) verifying
    government receipts against company payments including widespread
    dissemination of such payment information, and disclosing such documents
    as Host Government Agreements, Concession Agreements, and bidding
    documents,

    [[Page 123 STAT. 912]]

    allowing in any such dissemination or disclosure for the redaction of,
    or exceptions for, information that is commercially proprietary or that
    would create competitive disadvantage.
        (2) Not <<NOTE: Deadline. Reports.>>  later than 180 days after the
    enactment of this Act, the Secretary of the Treasury shall submit a
    report to the Committees on Appropriations describing, for each
    international financial institution, the amount and type of assistance
    provided, by country, for the extraction and export of oil, gas, coal,
    timber, or other natural resources in the preceeding 12 months, and
    whether each institution considered, in its proposal for such
    assistance, the extent to which the country has functioning systems
    described in paragraph (1).

                       prohibition on promotion of tobacco

        Sec. 7084. None of the funds provided by this Act shall be available
    to promote the sale or export of tobacco or tobacco products, or to seek
    the reduction or removal by any foreign country of restrictions on the
    marketing of tobacco or tobacco products, except for restrictions which
    are not applied equally to all tobacco or tobacco products of the same
    type.

                     commercial leasing of defense articles

        Sec. 7085. <<NOTE: Notification. President. Determination.>>
    Notwithstanding any other provision of law, and subject to the regular
    notification procedures of the Committees on Appropriations, the
    authority of section 23(a) of the Arms Export Control Act may be used to
    provide financing to Israel, Egypt and NATO and major non-NATO allies
    for the procurement by leasing (including leasing with an option to
    purchase) of defense articles from United States commercial suppliers,
    not including Major Defense Equipment (other than helicopters and other
    types of aircraft having possible civilian application), if the
    President determines that there are compelling foreign policy or
    national security reasons for those defense articles being provided by
    commercial lease rather than by government-to-government sale under such
    Act.

                                anti-kleptocracy

        Sec. 7086. (a) <<NOTE: Records. 8 USC 1182 note.>>  In furtherance
    of the National Strategy to Internationalize Efforts Against Kleptocracy
    and Presidential Proclamation 7750, the Secretary of State shall compile
    and maintain a list of officials of foreign governments and their
    immediate family members who the Secretary has credible evidence have
    been involved in corruption relating to the extraction of natural
    resources in their countries.

        (b) Any individual on the list compiled under subsection (a) shall
    be ineligible for admission to the United States.
        (c) The <<NOTE: Waiver authority. Determination.>>  Secretary may
    waive the application of subsection (b) if the Secretary determines that
    admission to the United States is necessary to attend the United Nations
    or to further United States law enforcement objectives, or that the
    circumstances which caused the individual to be included on the list
    have changed sufficiently to justify the removal of the individual from
    the list.

        (d) Not <<NOTE: Deadlines. Reports. Classified information.>>  later
    than 90 days after enactment of this Act and 180 days thereafter, the
    Secretary of State shall report in writing, in classified form if
    necessary, to the Committees on Appropriations

    [[Page 123 STAT. 913]]

    describing the evidence of corruption concerning individuals listed
    pursuant to subsection (a).

                         training and equipment reports

        Sec. 7087. (a) The annual foreign military training report required
    by section 656 of the Foreign Assistance Act of 1961 shall be submitted
    by the Secretary of Defense and the Secretary of State to the Committees
    on Appropriations by the date specified in that section.
        (b) Not later than 90 days after enactment of this Act, the
    Secretary of State, in consultation with other relevant United States
    Government agencies, shall submit to the Committees on Appropriations a
    report detailing the equipment to be purchased with funds appropriated
    or otherwise made available under the headings ``Andean Counterdrug
    Programs'', ``International Narcotics Control and Law Enforcement'', and
    ``Foreign Military Financing Program'' in this Act: Provided, That such
    report shall include a description of the anticipated costs associated
    with the operation and maintenance of such equipment in subsequent
    fiscal years: Provided further, That for the purposes of this
    subsection, ``equipment'' shall be defined as any aircraft, vessel, boat
    or vehicle.

                         TRANSPARENCY AND ACCOUNTABILITY

        Sec. 7088. (a) United Nations.--Funds <<NOTE: Deadline. Reports.>>
    made available by this Act shall be made available to continue reform
    efforts at the United Nations: Provided, That not later than September
    30, 2009, the Secretary of State shall submit a report to the Committees
    on Appropriations detailing actions taken by United Nations
    organizations under the headings ``Contributions to International
    Organizations'' and ``International Organizations and Programs'' to
    continue reform of United Nations financial management systems and
    program oversight.

        (b) World Bank.--Section 668(c)(1) of the Consolidated
    Appropriations Act, 2008 (Public Law 110-161) <<NOTE: 121 Stat. 2351.>>
    is amended by striking ``that'' and inserting ``on the extent to
    which''.

        (c) National Budget Transparency.--
                (1) None <<NOTE: Public information. Deadline.>>  of the
            funds appropriated by this Act may be made available for
            assistance for the central government of any country that fails
            to make publicly available on an annual basis its national
            budget, to include income and expenditures.
                (2) The <<NOTE: Waiver authority. Reports.>>  Secretary of
            State may waive the requirements of paragraph (1) on a country-
            by-country basis if the Secretary reports to the Committees on
            Appropriations that to do so is important to the national
            interest of the United States.

                               disability programs

        Sec. 7089. (a) Of the funds appropriated by this Act under the
    heading ``Economic Support Fund'', not less than $4,000,000 shall be
    made available for programs and activities administered by the United
    States Agency for International Development (USAID) to address the needs
    and protect the rights of people with disabilities in developing
    countries, and for programs to make publicly available information on
    independent living, advocacy, education, and transportation for people
    with disabilities and disability

    [[Page 123 STAT. 914]]

    advocacy organizations in developing countries, including for the cost
    of translation.
        (b) Funds appropriated under the heading ``Operating Expenses'' in
    title II of this Act shall be made available to develop and implement
    training for staff in overseas USAID missions to promote the full
    inclusion and equal participation of people with disabilities in
    developing countries.
        (c) The Secretary of State, the Secretary of the Treasury, and the
    USAID Administrator shall seek to ensure that, where appropriate,
    construction projects funded by this Act are accessible to people with
    disabilities and in compliance with the USAID Policy on Standards for
    Accessibility for the Disabled, or other similar accessibility
    standards.
        (d) Of the funds made available pursuant to subsection (a), not more
    than 7 percent may be for management, oversight and technical support.

                    ORPHANS, DISPLACED AND ABANDONED CHILDREN

        Sec. 7090. Of the funds appropriated under title III of this Act,
    $3,000,000 should be made available for activities to improve the
    capacity of foreign government agencies and nongovernmental
    organizations to prevent child abandonment, address the needs of
    orphans, displaced and abandoned children and provide permanent homes
    through family reunification, guardianship and domestic adoptions:
    Provided, That funds made available under title III of this Act should
    be made available, as appropriate, consistent with--
                (1) the goal of enabling children to remain in the care of
            their family of origin, but when not possible, placing children
            in permanent homes through adoption;
                (2) the principle that such placements should be based on
            informed consent which has not been induced by payment or
            compensation;
                (3) the view that long-term foster care or
            institutionalization are not permanent options and should be
            used when no other suitable permanent options are available; and
                (4) the recognition that programs that protect and support
            families can reduce the abandonment and exploitation of
            children.

                                    SRI LANKA

        Sec. 7091. (a) <<NOTE: Certification.>>  None of the funds
    appropriated by this Act under the heading ``Foreign Military Financing
    Program'' may be made available for assistance for Sri Lanka, no defense
    export license may be issued, and no military equipment or technology
    shall be sold or transferred to Sri Lanka pursuant to the authorities
    contained in this Act or any other Act, until the Secretary of State
    certifies to the Committee on Appropriations that--
                (1) the Sri Lankan military is suspending and the Government
            of Sri Lanka is bringing to justice members of the military who
            have been credibly alleged to have violated internationally
            recognized human rights or international humanitarian law,
            including complicity in the recruitment of child soldiers;
                (2) the Government of Sri Lanka is providing access to
            humanitarian organizations and journalists throughout the
            country consistent with international humanitarian law; and

    [[Page 123 STAT. 915]]

                (3) the Government of Sri Lanka has agreed to the
            establishment of a field presence of the Office of the United
            Nations High Commissioner for Human Rights in Sri Lanka with
            sufficient staff and mandate to conduct full and unfettered
            monitoring throughout the country and to publicize its findings.

        (b) Subsection (a) shall not apply to technology or equipment made
    available for the limited purposes of maritime and air surveillance,
    including communications equipment previously committed or approved for
    the limited purposes of air and maritime surveillance.

                          export-import bank rescission

                             (including rescissions)

        Sec. 7092. (a) Of the funds appropriated under the heading ``Subsidy
    Appropriation'' for the Export-Import Bank of the United States that are
    available for tied-aid grants in prior Acts making appropriations for
    foreign operations, export financing, and related programs, $17,000,000
    are rescinded.
        (b) Of the unobligated balances available under the heading
    ``Subsidy Appropriation'' for the Export-Import Bank of the United
    States in Public Law 109-102, $27,000,000 are rescinded.
        This division may be cited as the ``Department of State, Foreign
    Operations, and Related Programs Appropriations Act, 2009''.

     DIVISION I--TRANSPORTATION, <<NOTE: Transportation, Housing and Urban
     Development, and Related Agencies Appropriations Act, 2009. Department
        of Transportation Appropriations Act, 2009.>>  HOUSING AND URBAN
    DEVELOPMENT, AND RELATED AGENCIES APPROPRIATONS ACT, 2009

                                     TITLE I

                          DEPARTMENT OF TRANSPORTATION

                             Office of the Secretary

                              salaries and expenses

        For necessary expenses of the Office of the Secretary, $98,248,000,
    of which not to exceed $2,400,000 shall be available for the immediate
    Office of the Secretary; not to exceed $759,000 shall be available for
    the immediate Office of the Deputy Secretary; not to exceed $19,838,000
    shall be available for the Office of the General Counsel; not to exceed
    $10,107,000 shall be available for the Office of the Under Secretary of
    Transportation for Policy; not to exceed $10,200,000 shall be available
    for the Office of the Assistant Secretary for Budget and Programs; not
    to exceed $2,400,000 shall be available for the Office of the Assistant
    Secretary for Governmental Affairs; not to exceed $26,000,000 shall be
    available for the Office of the Assistant Secretary for Administration;
    not to exceed $2,020,000 shall be available for the Office of Public
    Affairs; not to exceed $1,595,000 shall be available for the Office of
    the Executive Secretariat; not to exceed $1,369,000 shall be available
    for the Office of Small and Disadvantaged Business Utilization; not to
    exceed $8,675,000 for the Office of Intelligence, Security, and
    Emergency Response; and not to exceed $12,885,000 shall be available for
    the Office of the Chief Information Officer: <<NOTE: Transfer
    authority.>>  Provided, That the Secretary of Transportation is
    authorized

    [[Page 123 STAT. 916]]

    to transfer funds appropriated for any office of the Office of the
    Secretary to any other office of the Office of the Secretary: Provided
    further, That no appropriation for any office shall be increased or
    decreased by more than 5 percent by all such
    transfers: <<NOTE: Notice.>>  Provided further, That notice of any
    change in funding greater than 5 percent shall be submitted for approval
    to the House and Senate Committees on Appropriations: Provided further,
    That not to exceed $60,000 shall be for allocation within the Department
    for official reception and representation expenses as the Secretary may
    determine: Provided further, That notwithstanding any other provision of
    law, excluding fees authorized in Public Law 107-71, there may be
    credited to this appropriation up to $2,500,000 in funds received in
    user fees: Provided further, That none of the funds provided in this Act
    shall be available for the position of Assistant Secretary for Public
    Affairs: <<NOTE: Audits.>>  Provided further, That of the funds provided
    under this heading, $100,000 shall be provided through reimbursement to
    the Department of Transportation's Office of Inspector General to audit
    the Working Capital Fund's financial statements.

                          Financial Management Capital

        For necessary expenses for upgrading and enhancing the Department of
    Transportation's financial systems, and reengineering business
    processes, $5,000,000, to remain available until expended.

                             Office of Civil Rights

        For necessary expenses of the Office of Civil Rights, $9,384,000.

               Transportation Planning, Research, and Development

        For necessary expenses for conducting transportation planning,
    research, systems development, development activities, and making
    grants, to remain available until expended, $18,300,000.

                              Working Capital Fund

        Necessary expenses for operating costs and capital outlays of the
    Working Capital Fund, not to exceed $128,094,000, shall be paid from
    appropriations made available to the Department of Transportation:
    Provided, That such services shall be provided on a competitive basis to
    entities within the Department of Transportation: Provided further, That
    the above limitation on operating expenses shall not apply to non-DOT
    entities: Provided further, That no funds appropriated in this Act to an
    agency of the Department shall be transferred to the Working Capital
    Fund without the approval of the agency modal
    administrator: <<NOTE: Notice.>>  Provided further, That no assessments
    may be levied against any program, budget activity, subactivity or
    project funded by this Act unless notice of such assessments and the
    basis therefor are presented to the House and Senate Committees on
    Appropriations and are approved by such Committees.

                    Minority Business Resource Center Program

        For the cost of guaranteed loans, $353,000, as authorized by 49
    U.S.C. 332: Provided, That such costs, including the cost of modifying
    such loans, shall be as defined in section 502 of the

    [[Page 123 STAT. 917]]

    Congressional Budget Act of 1974: Provided further, That these funds are
    available to subsidize total loan principal, any part of which is to be
    guaranteed, not to exceed $18,367,000. In addition, for administrative
    expenses to carry out the guaranteed loan program, $559,000.

                           Minority Business Outreach

        For necessary expenses of Minority Business Resource Center outreach
    activities, $3,056,000, to remain available until September 30, 2010:
    Provided, That notwithstanding 49 U.S.C. 332, these funds may be used
    for business opportunities related to any mode of transportation.

                            Payments to Air Carriers

                         (Airport and Airway Trust Fund)

                          (including transfer of funds)

        In addition to funds made available from any other source to carry
    out the essential air service program under 49 U.S.C. 41731 through
    41742, $73,013,000, to be derived from the Airport and Airway Trust
    Fund, to remain available until expended: Provided, That, in determining
    between or among carriers competing to provide service to a community,
    the Secretary may consider the relative subsidy requirements of the
    carriers: Provided further, That, if the funds under this heading are
    insufficient to meet the costs of the essential air service program in
    the current fiscal year, the Secretary shall transfer such sums as may
    be necessary to carry out the essential air service program from any
    available amounts appropriated to or directly administered by the Office
    of the Secretary for such fiscal year.

                          Compensation for Air Carriers

                                  (rescission)

        Of the amounts made available under this heading, all unobligated
    balances as of the date of enactment of this Act are hereby permanently
    rescinded.

      Administrative Provisions--Office of the Secretary of Transportation

        Sec. 101. <<NOTE: Transfer authority.>>  The Secretary of
    Transportation is authorized to transfer the unexpended balances
    available for the bonding assistance program from ``Office of the
    Secretary, Salaries and expenses'' to ``Minority Business Outreach''.

        Sec. 102. <<NOTE: Assessments. Contracts.>>  None of the funds made
    available in this Act to the Department of Transportation may be
    obligated for the Office of the Secretary of Transportation to approve
    assessments or reimbursable agreements pertaining to funds appropriated
    to the modal administrations in this Act, except for activities underway
    on the date of enactment of this Act, unless such assessments or
    agreements have completed the normal reprogramming process for
    Congressional notification.

        Sec. 103. None of the funds made available under this Act may be
    obligated or expended to establish or implement a program under which
    essential air service communities are required to

    [[Page 123 STAT. 918]]

    assume subsidy costs commonly referred to as the EAS local participation
    program.
        Sec. 104. The Secretary or his or her designee may engage in
    activities with States and State legislators to consider proposals
    related to the reduction of motorcycle fatalities.

                         Federal Aviation Administration

                                   Operations

                         (airport and airway trust fund)

        For necessary expenses of the Federal Aviation Administration, not
    otherwise provided for, including operations and research activities
    related to commercial space transportation, administrative expenses for
    research and development, establishment of air navigation facilities,
    the operation (including leasing) and maintenance of aircraft,
    subsidizing the cost of aeronautical charts and maps sold to the public,
    lease or purchase of passenger motor vehicles for replacement only, in
    addition to amounts made available by Public Law 108-176,
    $9,042,467,000, of which $5,238,005,000 shall be derived from the
    Airport and Airway Trust Fund, of which not to exceed $7,099,019,000
    shall be available for air traffic organization activities; not to
    exceed $1,164,597,000 shall be available for aviation safety activities;
    not to exceed $14,094,000 shall be available for commercial space
    transportation activities; not to exceed $111,004,000 shall be available
    for financial services activities; not to exceed $96,091,000 shall be
    available for human resources program activities; not to exceed
    $331,000,000 shall be available for region and center operations and
    regional coordination activities; not to exceed $180,859,000 shall be
    available for staff offices; and not to exceed $46,500,000 shall be
    available for information services: Provided, That not to exceed 2
    percent of any budget activity, except for aviation safety budget
    activity, may be transferred to any budget activity under this heading:
    Provided further, That no transfer may increase or decrease any
    appropriation by more than 2 percent: Provided further, That any
    transfer in excess of 2 percent shall be treated as a reprogramming of
    funds under section 405 of this Act and shall not be available for
    obligation or expenditure except in compliance with the procedures set
    forth in that section: Provided further, That the Secretary utilize not
    less than $10,000,000 of the funds provided for aviation safety
    activities to pay for staff increases in the Office of Aviation Flight
    Standards and the Office of Aircraft
    Certification: <<NOTE: Deadlines. Reports. 49 USC 44506 note.>>
    Provided further, That not later than March 31 of each fiscal year
    hereafter, the Administrator of the Federal Aviation Administration
    shall transmit to Congress an annual update to the report submitted to
    Congress in December 2004 pursuant to section 221 of Public Law 108-176:
    Provided further, That <<NOTE: Fines.>>  the amount herein appropriated
    shall be reduced by $100,000 for each day after March 31 that such
    report has not been submitted to the Congress: <<NOTE: Grants. Safety
    standards.>>  Provided further, That funds may be used to enter into a
    grant agreement with a nonprofit standard-setting organization to assist
    in the development of aviation safety standards: Provided further, That
    none of the funds in this Act shall be available for new applicants for
    the second career training program: <<NOTE: User fees.>>  Provided
    further, That none of the funds in this Act shall be available for the
    Federal Aviation Administration to finalize or implement any regulation

    [[Page 123 STAT. 919]]

    that would promulgate new aviation user fees not specifically authorized
    by law after the date of the enactment of this Act: Provided further,
    That there may be credited to this appropriation funds received from
    States, counties, municipalities, foreign authorities, other public
    authorities, and private sources, for expenses incurred in the provision
    of agency services, including receipts for the maintenance and operation
    of air navigation facilities, and for issuance, renewal or modification
    of certificates, including airman, aircraft, and repair station
    certificates, or for tests related thereto, or for processing major
    repair or alteration forms: Provided further, That of the funds
    appropriated under this heading, not less than $9,000,000 shall be for
    the contract tower cost-sharing program: <<NOTE: Premium pay.>>
    Provided further, That none of the funds in this Act shall be available
    for paying premium pay under 5 U.S.C. 5546(a) to any Federal Aviation
    Administration employee unless such employee actually performed work
    during the time corresponding to such premium pay: Provided further,
    That none of the funds in this Act for aeronautical charting and
    cartography are available for activities conducted by, or coordinated
    through, the Working Capital Fund: Provided further, That none of the
    funds in this Act may be obligated or expended for an employee of the
    Federal Aviation Administration to purchase a store gift card or gift
    certificate through use of a Government-issued credit card.

                            Facilities and Equipment

                         (airport and airway trust fund)

        For necessary expenses, not otherwise provided for, for acquisition,
    establishment, technical support services, improvement by contract or
    purchase, and hire of air navigation and experimental facilities and
    equipment, as authorized under part A of subtitle VII of title 49,
    United States Code, including initial acquisition of necessary sites by
    lease or grant; engineering and service testing, including construction
    of test facilities and acquisition of necessary sites by lease or grant;
    construction and furnishing of quarters and related accommodations for
    officers and employees of the Federal Aviation Administration stationed
    at remote localities where such accommodations are not available; and
    the purchase, lease, or transfer of aircraft from funds available under
    this heading, including aircraft for aviation regulation and
    certification; to be derived from the Airport and Airway Trust Fund,
    $2,742,095,000, of which $2,281,595,000 shall remain available until
    September 30, 2011, and of which $460,500,000 shall remain available
    until September 30, 2009: Provided, That there may be credited to this
    appropriation funds received from States, counties, municipalities,
    other public authorities, and private sources, for expenses incurred in
    the establishment and modernization of air navigation facilities:
    Provided further, That <<NOTE: Submission date. Investment plan.>>  upon
    initial submission to the Congress of the fiscal year 2010 President's
    budget, the Secretary of Transportation shall transmit to the Congress a
    comprehensive capital investment plan for the Federal Aviation
    Administration which includes funding for each budget line item for
    fiscal years 2010 through 2014, with total funding for each year of the
    plan constrained to the funding targets for those years as estimated and
    approved by the Office of Management and Budget: <<NOTE: Study.>>
    Provided further, That the Secretary of Transportation shall conduct an
    analysis that compares the current status of air traffic management and

    [[Page 123 STAT. 920]]

    the national airspace system to the planned architecture of the ``next
    generation'' air transportation system: <<NOTE: Submission date. Interim
    architecture. Cost estimate.>>  Provided further, That upon initial
    submission to the Congress of the fiscal year 2010 President's budget,
    the Secretary of Transportation shall transmit to the Congress an
    interim architecture for the ``next generation'' air transportation
    system that establishes a list of priority capabilities to be achieved
    by 2017 and provides an estimated cost for each of those priorities.

                     Research, Engineering, and Development

                         (airport and airway trust fund)

        For necessary expenses, not otherwise provided for, for research,
    engineering, and development, as authorized under part A of subtitle VII
    of title 49, United States Code, including construction of experimental
    facilities and acquisition of necessary sites by lease or grant,
    $171,000,000, to be derived from the Airport and Airway Trust Fund and
    to remain available until September 30, 2011: Provided, That there may
    be credited to this appropriation as offsetting collections, funds
    received from States, counties, municipalities, other public
    authorities, and private sources, which shall be available for expenses
    incurred for research, engineering, and development.

                           Grants-in-Aid for Airports

                     (liquidation of contract authorization)

                           (limitation on obligations)

                         (airport and airway trust fund)

        For liquidation of obligations incurred for grants-in-aid for
    airport planning and development, and noise compatibility planning and
    programs as authorized under subchapter I of chapter 471 and subchapter
    I of chapter 475 of title 49, United States Code, and under other law
    authorizing such obligations; for procurement, installation, and
    commissioning of runway incursion prevention devices and systems at
    airports of such title; for grants authorized under section 41743 of
    title 49, United States Code; and for inspection activities and
    administration of airport safety programs, including those related to
    airport operating certificates under section 44706 of title 49, United
    States Code, $3,600,000,000 to be derived from the Airport and Airway
    Trust Fund and to remain available until expended: Provided, That none
    of the funds under this heading shall be available for the planning or
    execution of programs the obligations for which are in excess of
    $3,514,500,000 in fiscal year 2009, notwithstanding section 47117(g) of
    title 49, United States Code: <<NOTE: Explosive detection systems.>>
    Provided further, That none of the funds under this heading shall be
    available for the replacement of baggage conveyor systems,
    reconfiguration of terminal baggage areas, or other airport improvements
    that are necessary to install bulk explosive detection systems: Provided
    further, That notwithstanding any other provision of law, of funds
    limited under this heading, not more than $87,454,000 shall be obligated
    for administration, not less than $15,000,000 shall be available for the
    airport cooperative research program, not less than $19,348,000 shall be
    for Airport Technology Research, and $8,000,000, to remain available
    until

    [[Page 123 STAT. 921]]

    expended, shall be available and transferred to ``Office of the
    Secretary, Salaries and Expenses'' to carry out the Small Community Air
    Service Development Program.

                                  (rescission)

        Of the amounts authorized under sections 48103 and 48112 of title
    49, United States Code, $80,000,000 are permanently rescinded from
    amounts authorized for the fiscal year ending September 30, 2009.

           Administrative Provisions--Federal Aviation Administration

        Sec. 110. None of the funds in this Act may be used to compensate in
    excess of 600 technical staff-years under the federally funded research
    and development center contract between the Federal Aviation
    Administration and the Center for Advanced Aviation Systems Development
    during fiscal year 2009.
        Sec. 111. None of the funds in this Act shall be used to pursue or
    adopt guidelines or regulations requiring airport sponsors to provide to
    the Federal Aviation Administration without cost building construction,
    maintenance, utilities and expenses, or space in airport sponsor-owned
    buildings for services relating to air traffic control, air navigation,
    or weather reporting: Provided, That the prohibition of funds in this
    section does not apply to negotiations between the agency and airport
    sponsors to achieve agreement on ``below-market'' rates for these items
    or to grant assurances that require airport sponsors to provide land
    without cost to the FAA for air traffic control facilities.
        Sec. 112. The Administrator of the Federal Aviation Administration
    may reimburse amounts made available to satisfy 49 U.S.C. 41742(a)(1)
    from fees credited under 49 U.S.C. 45303: Provided, That during fiscal
    year 2009, 49 U.S.C. 41742(b) shall not apply, and any amount remaining
    in such account at the close of that fiscal year may be made available
    to satisfy section 41742(a)(1) for the subsequent fiscal year.
        Sec. 113. Amounts collected under section 40113(e) of title 49,
    United States Code, shall be credited to the appropriation current at
    the time of collection, to be merged with and available for the same
    purposes of such appropriation.
        Sec. 114.  None <<NOTE: New Jersey.>>  of the funds appropriated or
    limited by this Act may be used to change weight restrictions or prior
    permission rules at Teterboro airport in Teterboro, New Jersey.

        Sec. 115. <<NOTE: Airline schedules.>>  (a) No funds provided in
    this Act may be used by the Secretary of Transportation to promulgate
    regulations or take any action regarding the scheduling of airline
    operations at any commercial airport in the United States if such
    regulation or action involves:
                (1) the auctioning by the Secretary or the FAA Administrator
            of rights or permission to conduct airline operations at such an
            airport,
                (2) the implementation by said Secretary or Administrator of
            peak-period or other forms of congestion pricing at such an
            airport,
                (3) either:
                        (A) withdrawal by the Secretary or Administrator of
                    a right or permission to conduct operations at such an

    [[Page 123 STAT. 922]]

                    airport (except when the withdrawal is for operational
                    reasons or pursuant to the terms or conditions of such
                    operating right or permission), or
                        (B) requiring a carrier to transfer involuntarily
                    any such right or permission to another person,
                (4) the charging by the Secretary or Administrator of a fee
            for the right or permission to use navigable airspace at such an
            airport, or
                (5) requiring or providing incentives or disincentives to
            airport proprietors to take such actions themselves.

        (b) Nothing in this section shall be construed to:
                (1) prohibit the Secretary or the Administrator from
            imposing per-operation limitations on airports for the purpose
            of alleviating congestion at such airports,
                (2) prohibit individual airports from implementing peak-
            period or other congestion pricing at such airports, consistent
            with regulations pertaining to airport rates and charges, or
                (3) limit the ability of a State, political subdivision of a
            State, or political authority of at least two States that owns
            or operates a commercial airport from carrying out its
            proprietary powers and rights.

        Sec. 116. None of the funds limited by this Act for grants under the
    Airport Improvement Program shall be made available to the sponsor of a
    commercial service airport if such sponsor fails to agree to a request
    from the Secretary of Transportation for cost-free space in a non-
    revenue producing, public use area of the airport terminal or other
    airport facilities for the purpose of carrying out a public service air
    passenger rights and consumer outreach campaign.
        Sec. 117. <<NOTE: Deadline. Reports.>>  Within 60 days of the
    publication date of any Government Accountability Office report
    reviewing the Federal Aviation Administration's project to redesign the
    airspace over the New York, New Jersey, and Philadelphia region, the
    Administrator of the Federal Aviation Administration shall report in
    writing to the Committee on Appropriations and the Committee on
    Commerce, Science, and Transportation, on actions the agency intends to
    take in order to address any concerns and recommendations identified in
    the Government Accountability Office report.

        Sec. 118. <<NOTE: Apportionment.>>  The Secretary shall apportion to
    the sponsor of an airport that received scheduled or unscheduled air
    service from a large certified air carrier (as defined in part 241 of
    title 14 Code of Federal Regulations, or such other regulations as may
    be issued by the Secretary under the authority of section 41709) an
    amount equal to the minimum apportionment specified in 49 U.S.C.
    47114(c), if the Secretary determines that airport had more than 10,000
    passenger boardings in the preceding calendar year, based on data
    submitted to the Secretary under part 241 of title 14, Code of Federal
    Regulations.

                         Federal Highway Administration

                      limitation on administrative expenses

                          (including transfer of funds)

        Not to exceed $390,000,000, together with advances and
    reimbursements received by the Federal Highway Administration, shall be
    paid in accordance with law from appropriations made

    [[Page 123 STAT. 923]]

    available by this Act to the Federal Highway Administration for
    necessary expenses for administration and operation. In addition, not to
    exceed $3,524,000 shall be paid from appropriations made available by
    this Act and transferred to the Department of Transportation's Office of
    Inspector General for costs associated with audits and investigations of
    projects and programs of the Federal Highway Administration, and not to
    exceed $300,000 shall be paid from appropriations made available by this
    Act and provided to that office through reimbursement to conduct the
    annual audits of financial statements in accordance with section 3521 of
    title 31, United States Code. In addition, not to exceed $3,124,000
    shall be paid from appropriations made available by this Act and
    transferred to the Appalachian Regional Commission in accordance with
    section 104 of title 23, United States Code.

                              Federal-Aid Highways

                           (limitation on obligations)

                              (highway trust fund)

        None of <<NOTE: 23 USC 104 note.>>  the funds in this Act shall be
    available for the implementation or execution of programs, the
    obligations for which are in excess of $40,700,000,000 for Federal-aid
    highways and highway safety construction programs for fiscal year 2009:
    Provided, That within the $40,700,000,000 obligation limitation on
    Federal-aid highways and highway safety construction programs, not more
    than $429,800,000 shall be available for the implementation or execution
    of programs for transportation research (chapter 5 of title 23, United
    States Code; sections 111, 5505, and 5506 of title 49, United States
    Code; and title 5 of Public Law 109-59) for fiscal year 2009: Provided
    further, That this limitation on transportation research programs shall
    not apply to any authority previously made available for obligation:
    Provided further, That the Secretary may, as authorized by section
    605(b) of title 23, United States Code, collect and spend fees to cover
    the costs of services of expert firms, including counsel, in the field
    of municipal and project finance to assist in the underwriting and
    servicing of Federal credit instruments and all or a portion of the
    costs to the Federal Government of servicing such credit instruments:
    Provided further, That such fees are available until expended to pay for
    such costs: Provided further, That such amounts are in addition to
    administrative expenses that are also available for such purpose, and
    are not subject to any obligation limitation or the limitation on
    administrative expenses under section 608 of title 23, United States
    Code.

                     (liquidation of contract authorization)

                              (highway trust fund)

        For carrying out the provisions of title 23, United States Code,
    that are attributable to Federal-aid highways, not otherwise provided,
    including reimbursement for sums expended pursuant to the provisions of
    23 U.S.C. 308, $41,439,000,000 or so much thereof as may be available in
    and derived from the Highway Trust Fund (other than the Mass Transit
    Account), to remain available until expended.

    [[Page 123 STAT. 924]]

                                  (rescission)

                              (highway trust fund)

        Of the unobligated balances of funds apportioned to each State under
    chapter 1 of title 23, United States Code, $3,150,000,000 are
    permanently rescinded: Provided, That such rescission shall not apply to
    the funds distributed in accordance with sections 130(f) and 104(b)(5)
    of title 23, United States Code; sections 133(d)(1) and 163 of such
    title, as in effect on the day before the date of enactment of Public
    Law 109-59; and the first sentence of section 133(d)(3)(A) of such
    title: Provided further, That notwithstanding section 1132 of Public Law
    110-140, in administering the rescission required under this heading,
    the Secretary of Transportation shall allow each State to determine the
    amount of the required rescission to be drawn from the programs to which
    the rescission applies.

                     Appalachian Development Highway System

        For necessary expenses for West Virginia corridor H of the
    Appalachian Development Highway System as authorized under section
    1069(y) of Public Law 102-240, as amended, $9,500,000, to remain
    available until expended.

                          Denali Access System Program

        For necessary expenses for the Denali Access System Program as
    authorized under section 1960 of Public Law 109-59, $5,700,000, to
    remain available until expended.

            Administrative Provisions--Federal Highway Administration

                             (including rescissions)

        Sec. 120. <<NOTE: 23 USC 104 note.>>  (a) For fiscal year 2009, the
    Secretary of Transportation shall--
                (1) not distribute from the obligation limitation for
            Federal-aid highways amounts authorized for administrative
            expenses and programs by section 104(a) of title 23, United
            States Code; programs funded from the administrative takedown
            authorized by section 104(a)(1) of title 23, United States Code
            (as in effect on the date before the date of enactment of the
            Safe, Accountable, Flexible, Efficient Transportation Equity
            Act: A Legacy for Users); the highway use tax evasion program;
            and the Bureau of Transportation Statistics;
                (2) not distribute an amount from the obligation limitation
            for Federal-aid highways that is equal to the unobligated
            balance of amounts made available from the Highway Trust Fund
            (other than the Mass Transit Account) for Federal-aid highways
            and highway safety programs for previous fiscal years the funds
            for which are allocated by the Secretary;
                (3) determine the ratio that--
                        (A) the obligation limitation for Federal-aid
                    highways, less the aggregate of amounts not distributed
                    under paragraphs (1) and (2), bears to
                        (B) the total of the sums authorized to be
                    appropriated for Federal-aid highways and highway safety
                    construction programs (other than sums authorized to be
                    appropriated

    [[Page 123 STAT. 925]]

                    for provisions of law described in paragraphs (1)
                    through (9) of subsection (b) and sums authorized to be
                    appropriated for section 105 of title 23, United States
                    Code, equal to the amount referred to in subsection
                    (b)(10) for such fiscal year), less the aggregate of the
                    amounts not distributed under paragraphs (1) and (2) of
                    this subsection;
                (4)(A) distribute the obligation limitation for Federal-aid
            highways, less the aggregate amounts not distributed under
            paragraphs (1) and (2), for sections 1301, 1302, and 1934 of the
            Safe, Accountable, Flexible, Efficient Transportation Equity
            Act: A Legacy for Users; sections 117 (but individually for each
            project numbered 1 through 3676 listed in the table contained in
            section 1702 of the Safe, Accountable, Flexible, Efficient
            Transportation Equity Act: A Legacy for Users) and section
            144(g) of title 23, United States Code; and section 14501 of
            title 40, United States Code, so that the amount of obligation
            authority available for each of such sections is equal to the
            amount determined by multiplying the ratio determined under
            paragraph (3) by the sums authorized to be appropriated for that
            section for the fiscal year; and
                (B) distribute $2,000,000,000 for section 105 of title 23,
            United States Code;
                (5) distribute the obligation limitation provided for
            Federal-aid highways, less the aggregate amounts not distributed
            under paragraphs (1) and (2) and amounts distributed under
            paragraph (4), for each of the programs that are allocated by
            the Secretary under the Safe, Accountable, Flexible, Efficient
            Transportation Equity Act: A Legacy for Users and title 23,
            United States Code (other than to programs to which paragraphs
            (1) and (4) apply), by multiplying the ratio determined under
            paragraph (3) by the amounts authorized to be appropriated for
            each such program for such fiscal year; and
                (6) distribute the obligation limitation provided for
            Federal-aid highways, less the aggregate amounts not distributed
            under paragraphs (1) and (2) and amounts distributed under
            paragraphs (4) and (5), for Federal-aid highways and highway
            safety construction programs (other than the amounts apportioned
            for the equity bonus program, but only to the extent that the
            amounts apportioned for the equity bonus program for the fiscal
            year are greater than $2,639,000,000, and the Appalachian
            development highway system program) that are apportioned by the
            Secretary under the Safe, Accountable, Flexible, Efficient
            Transportation Equity Act: A Legacy for Users and title 23,
            United States Code, in the ratio that--
                        (A) amounts authorized to be appropriated for such
                    programs that are apportioned to each State for such
                    fiscal year, bear to
                        (B) the total of the amounts authorized to be
                    appropriated for such programs that are apportioned to
                    all States for such fiscal year.

        (b) Exceptions From Obligation Limitation.--The obligation
    limitation for Federal-aid highways shall not apply to obligations: (1)
    under section 125 of title 23, United States Code; (2) under section 147
    of the Surface Transportation Assistance Act of 1978; (3) under section
    9 of the Federal-Aid Highway Act of 1981; (4) under subsections (b) and
    (j) of section 131 of the Surface Transportation Assistance Act of 1982;
    (5) under subsections (b) and (c)

    [[Page 123 STAT. 926]]

    of section 149 of the Surface Transportation and Uniform Relocation
    Assistance Act of 1987; (6) under sections 1103 through 1108 of the
    Intermodal Surface Transportation Efficiency Act of 1991; (7) under
    section 157 of title 23, United States Code, as in effect on the day
    before the date of the enactment of the Transportation Equity Act for
    the 21st Century; (8) under section 105 of title 23, United States Code,
    as in effect for fiscal years 1998 through 2004, but only in an amount
    equal to $639,000,000 for each of those fiscal years; (9) for Federal-
    aid highway programs for which obligation authority was made available
    under the Transportation Equity Act for the 21st Century or subsequent
    public laws for multiple years or to remain available until used, but
    only to the extent that the obligation authority has not lapsed or been
    used; (10) under section 105 of title 23, United States Code, but only
    in an amount equal to $639,000,000 for each of fiscal years 2005 through
    2009; and (11) under section 1603 of the Safe, Accountable, Flexible,
    Efficient Transportation Equity Act: A Legacy for Users, to the extent
    that funds obligated in accordance with that section were not subject to
    a limitation on obligations at the time at which the funds were
    initially made available for obligation.
        (c) <<NOTE: Distribution date.>>  Redistribution of Unused
    Obligation Authority.--Notwithstanding subsection (a), the Secretary
    shall, after August 1 of such fiscal year, revise a distribution of the
    obligation limitation made available under subsection (a) if the amount
    distributed cannot be obligated during that fiscal year and redistribute
    sufficient amounts to those States able to obligate amounts in addition
    to those previously distributed during that fiscal year, giving priority
    to those States having large unobligated balances of funds apportioned
    under sections 104 and 144 of title 23, United States Code.

        (d) Applicability of Obligation Limitations to Transportation
    Research Programs.--The obligation limitation shall apply to
    transportation research programs carried out under chapter 5 of title
    23, United States Code, and title V (research title) of the Safe,
    Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for
    Users, except that obligation authority made available for such programs
    under such limitation shall remain available for a period of 3 fiscal
    years and shall be in addition to the amount of any limitation imposed
    on obligations for Federal-aid highway and highway safety construction
    programs for future fiscal years.
        (e) Redistribution of Certain Authorized Funds.--
                (1) In general.--Not <<NOTE: Deadline.>>  later than 30 days
            after the date of the distribution of obligation limitation
            under subsection (a), the Secretary shall distribute to the
            States any funds that--
                        (A) are authorized to be appropriated for such
                    fiscal year for Federal-aid highways programs; and
                        (B) the Secretary determines will not be allocated
                    to the States, and will not be available for obligation,
                    in such fiscal year due to the imposition of any
                    obligation limitation for such fiscal year.
                (2) Ratio.--Funds shall be distributed under paragraph (1)
            in the same ratio as the distribution of obligation authority
            under subsection (a)(6).

    [[Page 123 STAT. 927]]

                (3) Availability.--Funds distributed under paragraph (1)
            shall be available for any purposes described in section 133(b)
            of title 23, United States Code.

        (f) Special Limitation Characteristics.--Obligation limitation
    distributed for a fiscal year under subsection (a)(4) for the provision
    specified in subsection (a)(4) shall--
                (1) remain available until used for obligation of funds for
            that provision; and
                (2) be in addition to the amount of any limitation imposed
            on obligations for Federal-aid highway and highway safety
            construction programs for future fiscal years.

        (g) High Priority Project Flexibility.--
                (1) In general.--Subject to paragraph (2), obligation
            authority distributed for such fiscal year under subsection
            (a)(4) for each project numbered 1 through 3676 listed in the
            table contained in section 1702 of the Safe, Accountable,
            Flexible, Efficient Transportation Equity Act: A Legacy for
            Users may be obligated for any other project in such section in
            the same State.
                (2) Restoration.--Obligation authority used as described in
            paragraph (1) shall be restored to the original purpose on the
            date on which obligation authority is distributed under this
            section for the next fiscal year following obligation under
            paragraph (1).

        (h) Limitation on Statutory Construction.--Nothing in this section
    shall be construed to limit the distribution of obligation authority
    under subsection (a)(4)(A) for each of the individual projects numbered
    greater than 3676 listed in the table contained in section 1702 of the
    Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
    Legacy for Users.
        Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received by the
    Bureau of Transportation Statistics from the sale of data products, for
    necessary expenses incurred pursuant to 49 U.S.C. 111 may be credited to
    the Federal-aid highways account for the purpose of reimbursing the
    Bureau for such expenses: Provided, That such funds shall be subject to
    the obligation limitation for Federal-aid highways and highway safety
    construction.
        Sec. 122.  In addition to amounts provided in this or any other Act
    for fiscal year 2009, $143,031,303, to be derived from the Highway Trust
    Fund (other than the Mass Transit Account), shall be available for the
    Transportation, Community, and System Preservation Program under section
    1117 of the Safe, Accountable, Flexible, Efficient Transportation Equity
    Act: A Legacy for Users (Pub. L. 109-59; 119 Stat. 1144, 1177-1179):
    Provided, That all funds made available under this section shall be
    subject to any limitation on obligations for Federal-aid highways and
    highway safety construction programs set forth in this Act or any other
    Act: Provided further, That such funds shall be administered in
    accordance with section 1117(g)(2) of the Safe, Accountable, Flexible,
    Efficient Transportation Equity Act: A Legacy for Users.
        Sec. 123. Of the amounts made available under section 104(a) of
    title 23, United States Code, $33,401,492 are permanently rescinded.
        Sec. 124. Of the unobligated balances of funds made available in
    fiscal year 2005 and prior fiscal years for the implementation or
    execution of programs for transportation research, training and

    [[Page 123 STAT. 928]]

    education, and technology deployment including intelligent
    transportation systems, $11,756,527 are permanently rescinded.
        Sec. 125. There is hereby appropriated to the Secretary of
    Transportation $161,326,625 for surface transportation priorities:
    Provided, That the amount provided by this section shall be made
    available for the programs, projects and activities identified under
    this section in the explanatory statement accompanying this Act:
    Provided further, That funds provided by this section, at the request of
    a State, shall be transferred by the Secretary to another Federal
    agency: Provided further, That the Federal share payable on account of
    any program, project, or activity carried out with funds set aside by
    this section shall be 100 percent: Provided further, That the sums set
    aside by this section shall remain available until expended: Provided
    further, That none of the funds set aside by this section shall be
    subject to any limitation on obligations for Federal-aid highways and
    highway safety construction programs set forth in this Act or any other
    Act.
        Sec. 126. <<NOTE: Deadline. Notice. Public comments. 23 USC 313
    note.>>  Not less than 15 days prior to waiving, under his or her
    statutory authority, any Buy America requirement for Federal-aid highway
    projects, the Secretary of Transportation shall make an informal public
    notice and comment opportunity on the intent to issue such waiver and
    the reasons therefor: <<NOTE: Reports.>>  Provided, That the Secretary
    shall provide an annual report to the Appropriations Committees of the
    Congress on any waivers granted under the Buy America requirements.

        Sec. 127. <<NOTE: Montana.>>  Notwithstanding any other provision of
    law, funds made available in Public Law 110-161 for ``Bridge over
    Broadway, Missoula to Rattlesnake National Recreation Area, MT'' shall
    be available for a new pedestrian and bicycle-friendly at-grade crossing
    of East Broadway Street in Missoula, Montana.

        Sec. 128. <<NOTE: Texas.>>  (a) In General.--Except as provided in
    subsection (b), none of the funds made available, limited, or otherwise
    affected by this Act shall be used to approve or otherwise authorize the
    imposition of any toll on any segment of highway located on the Federal-
    aid system in the State of Texas that--
                (1) as of the date of enactment of this Act, is not tolled;
                (2) is constructed with Federal assistance provided under
            title 23, United States Code; and
                (3) is in actual operation as of the date of enactment of
            this Act.

        (b) Exceptions.--
                (1) Number of toll lanes.--Subsection (a) shall not apply to
            any segment of highway on the Federal-aid system described in
            that subsection that, as of the date on which a toll is imposed
            on the segment, will have the same number of non-toll lanes as
            were in existence prior to that date.
                (2) High-occupancy vehicle lanes.--A high-occupancy vehicle
            lane that is converted to a toll lane shall not be subject to
            this section, and shall not be considered to be a non-toll lane
            for purposes of determining whether a highway will have fewer
            non-toll lanes than prior to the date of imposition of the toll,
            if--
                        (A) high-occupancy vehicles occupied by the number
                    of passengers specified by the entity operating the toll
                    lane may use the toll lane without paying a toll, unless

    [[Page 123 STAT. 929]]

                    otherwise specified by the appropriate county, town,
                    municipal or other local government entity, or public
                    toll road or transit authority; or
                        (B) each high-occupancy vehicle lane that was
                    converted to a toll lane was constructed as a temporary
                    lane to be replaced by a toll lane under a plan approved
                    by the appropriate county, town, municipal or other
                    local government entity, or public toll road or transit
                    authority.

        Sec. 129. (a) In the explanatory statement referenced in section 129
    of division K of Public Law 110-161 (121 Stat. 2388), the item relating
    to ``Route 116 and Bay Road Intersection and Road Improvements, Amherst,
    MA'' in the table of projects for such section 129 is deemed to be
    amended by inserting ``, including Bike, Pedestrian, or Other Off Road
    Paths'' after ``Improvements''.
        (b) In the explanatory statement referenced in section 129 of
    division K of Public Law 110-161 (121 Stat. 2388), the item relating to
    ``Highway 77 Rail Grade Separation, Marion, AR'', in the table of
    projects for such section 129 is deemed to be amended by striking
    ``Highway 77 Rail Grade Separation, Marion, AR'' and inserting ``BNSF
    main line overpass within the Marion, Arkansas, planning jurisdiction''.
        (c) In the explanatory statement referenced in section 186 of
    division K of Public Law 110-161 (121 Stat. 2406), in the table of
    projects under the heading ``Federal Highway Administration--Federal-Aid
    Highways (Limitation on Obligations)--Federal Lands'' in division K of
    such explanatory statement, the item relating to ``U.S. Forest Highway
    4, Winston County, Alabama'' is deemed to be amended by striking
    ``Highway 4'' and inserting ``Highway 9''.
        (d) In the explanatory statement referenced in section 186 of
    division K of Public Law 110-161 (121 Stat. 2406), the item relating to
    ``Street Improvements in Burnham, IL'' in the table of projects under
    the heading ``Transportation, Community and System Preservation
    Program'' is deemed to be amended by striking ``Street Improvements in
    Burnham, IL'' and inserting ``Repair of Side Streets and Relocation of
    Water Mains resulting from rerouting of traffic and reconstruction of
    159th Street in Harvey, IL''.
        (e) In the explanatory statement referenced in section 186 of
    division K of Public Law 110-161 (121 Stat. 2406), the item relating to
    ``Street Improvements in Thornton, IL'' in the table of projects under
    the heading ``Transportation, Community and System Preservation
    Program'' is deemed to be amended by striking ``Street Improvements in
    Thornton, IL'' and inserting ``Engineering, Right-of-Way, and
    Construction of Joe Orr Road Extension and Main Street Project in
    Lynwood, IL''.
        (f) Funds made available from the amount appropriated under the
    heading ``Federal Highway Administration--Highway Demonstration
    Projects'' of title I of the Department of Transportation and Related
    Agencies Appropriations Act, 1992 (Public Law 102-143) for the Miller
    Highway from 59th Street to 72nd Street, west side of Manhattan, New
    York, and from the amount appropriated under the heading ``Federal
    Highway Administration--Highway Projects'' of title I of the Department
    of Transportation and Related Agencies Appropriations Act, 1993 (Public
    Law 102-388) for design improvements on Miller Highway, New York City,
    New York, shall be made available for the project specified in item 4599
    of section 1702 of SAFETEA-LU (Public Law 109-59), as

    [[Page 123 STAT. 930]]

    amended by the SAFETEA-LU Technical Corrections Act of 2008 (Public Law
    110-244).
        Sec. 130. <<NOTE: New York.>>  Notwithstanding any other provision
    of law, any unexpended amounts available for obligation for item number
    48 under section 1106(b) of Public Law 102-240 (105 Stat. 2046) for the
    Southern State Parkway Improvement project shall be available for
    obligation and expenditure on the I-90 connector, Rensselaer County, New
    York, including reimbursement for expenses incurred on such connector
    prior to the date of enactment of this section.

        Sec. 131. (a) The table contained in section 1702 of the Safe,
    Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for
    Users (119 Stat. 1256) is amended by striking the project description
    for item number 189 and inserting the following: ``Planning, design,
    engineering, environmental analysis, acquisition of rights-of-way, and
    construction for the Long Valley Bypass''.
        (b) The table contained in section 1702 of the Safe, Accountable,
    Flexible, Efficient Transportation Equity Act: A Legacy for Users (119
    Stat. 1256) is amended by striking the project description for item
    number 3546 and inserting the following: ``Port of Coos Bay to acquire
    and repair the Coos Bay Line''.

                   Federal Motor Carrier Safety Administration

                  motor carrier safety operations and programs

                     (liquidation of contract authorization)

                           (limitation on obligations)

                              (highway trust fund)

                             (including rescission)

        For payment of obligations incurred for administration of motor
    carrier safety operations and programs pursuant to section 31104(i) of
    title 49, United States Code, and sections 4127 and 4134 of Public Law
    109-59, $234,000,000, to be derived from the Highway Trust Fund (other
    than the Mass Transit Account), together with advances and
    reimbursements received by the Federal Motor Carrier Safety
    Administration, the sum of which shall remain available until expended:
    Provided, That none of the funds derived from the Highway Trust Fund in
    this Act shall be available for the implementation, execution or
    administration of programs, the obligations for which are in excess of
    $234,000,000, for ``Motor Carrier Safety Operations and Programs'', of
    which $8,500,000, to remain available for obligation until September 30,
    2011, is for the research and technology program and $1,000,000 shall be
    available for commercial motor vehicle operator's grants to carry out
    section 4134 of Public Law 109-59: Provided further, That
    notwithstanding any other provision of law, none of the funds under this
    heading for outreach and education shall be available for
    transfer: <<NOTE: Reports. Deadlines.>>  Provided further, That the
    Federal Motor Carrier Safety Administration shall transmit to Congress a
    report on March 30, 2009 and September 30, 2009 on the agency's ability
    to meet its requirement to conduct compliance reviews on high-risk
    carriers: Provided further, That $4,839,259 in unobligated balances are
    permanently rescinded.

    [[Page 123 STAT. 931]]

                           motor carrier safety grants

                     (liquidation of contract authorization)

                           (limitation on obligations)

                              (highway trust fund)

                             (including rescission)

        For payment of obligations incurred in carrying out sections 31102,
    31104(a), 31106, 31107, 31109, 31309, 31313 of title 49, United States
    Code, and sections 4126 and 4128 of Public Law 109-59, $307,000,000, to
    be derived from the Highway Trust Fund (other than the Mass Transit
    Account) and to remain available until expended: Provided, That none of
    the funds in this Act shall be available for the implementation or
    execution of programs, the obligations for which are in excess of
    $307,000,000, for ``Motor Carrier Safety Grants''; of which $209,000,000
    shall be available for the motor carrier safety assistance program to
    carry out sections 31102 and 31104(a) of title 49, United States Code;
    $25,000,000 shall be available for the commercial driver's license
    improvements program to carry out section 31313 of title 49, United
    States Code; $32,000,000 shall be available for the border enforcement
    grants program to carry out section 31107 of title 49, United States
    Code; $5,000,000 shall be available for the performance and registration
    information system management program to carry out sections 31106(b) and
    31109 of title 49, United States Code; $25,000,000 shall be available
    for the commercial vehicle information systems and networks deployment
    program to carry out section 4126 of Public Law 109-59; $3,000,000 shall
    be available for the safety data improvement program to carry out
    section 4128 of Public Law 109-59; and $8,000,000 shall be available for
    the commercial driver's license information system modernization program
    to carry out section 31309(e) of title 49, United States Code: Provided
    further, That of the funds made available for the motor carrier safety
    assistance program, $29,000,000 shall be available for audits of new
    entrant motor carriers: Provided further, That $6,502,558 in unobligated
    balances are permanently rescinded.

                              Motor Carrier Safety

                              (highway trust fund)

                                  (rescission)

        Of the amounts made available under this heading in prior
    appropriations Acts, $2,231,259 in unobligated balances are permanently
    rescinded.

                      National Motor Carrier Safety Program

                              (highway trust fund)

                                  (rescission)

        Of the amounts made available under this heading in prior
    appropriations Acts, $19,571,910 in unobligated balances are permanently
    rescinded.

    [[Page 123 STAT. 932]]

     Administrative Provisions--Federal Motor Carrier Safety Administration

        Sec. 135. <<NOTE: Reports. Deadline.>>  Funds appropriated or
    limited in this Act shall be subject to the terms and conditions
    stipulated in section 350 of Public Law 107-87 and section 6901 of
    Public Law 110-28, including that the Secretary submit a report to the
    House and Senate Appropriations Committees annually on the safety and
    security of transportation into the United States by Mexico-domiciled
    motor carriers.

        Sec. 136. None of the funds appropriated or otherwise made available
    under this Act may be used, directly or indirectly, to establish,
    implement, continue, promote, or in any way permit a cross-border motor
    carrier demonstration program to allow Mexican-domiciled motor carriers
    to operate beyond the commercial zones along the international border
    between the United States and Mexico, including continuing, in whole or
    in part, any such program that was initiated prior to the date of the
    enactment of this Act.

                 National Highway Traffic Safety Administration

                             operations and research

        For expenses necessary to discharge the functions of the Secretary,
    with respect to traffic and highway safety under subtitle C of title X
    of Public Law 109-59 and chapter 301 and part C of subtitle VI of title
    49, United States Code, $127,000,000, of which $31,670,000 shall remain
    available until September 30, 2010: Provided, That none of the funds
    appropriated by this Act may be obligated or expended to plan, finalize,
    or implement any rulemaking to add to section 575.104 of title 49 of the
    Code of Federal Regulations any requirement pertaining to a grading
    standard that is different from the three grading standards (treadwear,
    traction, and temperature resistance) already in effect.

                             Operations and Research

                     (liquidation of contract authorization)

                           (limitation on obligations)

                              (highway trust fund)

        For payment of obligations incurred in carrying out the provisions
    of 23 U.S.C. 403, $105,500,000 to be derived from the Highway Trust Fund
    (other than the Mass Transit Account) and to remain available until
    expended: Provided, That none of the funds in this Act shall be
    available for the planning or execution of programs the total
    obligations for which, in fiscal year 2009, are in excess of
    $105,500,000 for programs authorized under 23 U.S.C. 403: Provided
    further, That within the $105,500,000 obligation limitation for
    operations and research, $26,908,000 shall remain available until
    September 30, 2010 and shall be in addition to the amount of any
    limitation imposed on obligations for future years.

    [[Page 123 STAT. 933]]

                            National Driver Register

                     (Liquidation of contract authorization)

                           (Limitation on obligations)

                              (Highway trust fund)

        For payment of obligations incurred in carrying out chapter 303 of
    title 49, United States Code, $4,000,000, to be derived from the Highway
    Trust Fund (other than the Mass Transit Account) and to remain available
    until expended: Provided, That none of the funds in this Act shall be
    available for the implementation or execution of programs the total
    obligations for which, in fiscal year 2009, are in excess of $4,000,000
    for the National Driver Register authorized under such chapter.

                          highway traffic safety grants

                     (liquidation of contract authorization)

                          (llimitation on obligations)

                              (highway trust fund)

        For payment of obligations incurred in carrying out the provisions
    of 23 U.S.C. 402, 405, 406, 408, and 410 and sections 2001(a)(11), 2009,
    2010, and 2011 of Public Law 109-59, to remain available until expended,
    $619,500,000 to be derived from the Highway Trust Fund (other than the
    Mass Transit Account): Provided, That none of the funds in this Act
    shall be available for the planning or execution of programs the total
    obligations for which, in fiscal year 2009, are in excess of
    $619,500,000 for programs authorized under 23 U.S.C. 402, 405, 406, 408,
    and 410 and sections 2001(a)(11), 2009, 2010, and 2011 of Public Law
    109-59, of which $235,000,000 shall be for ``Highway Safety Programs''
    under 23 U.S.C. 402; $25,000,000 shall be for ``Occupant Protection
    Incentive Grants'' under 23 U.S.C. 405; $124,500,000 shall be for
    ``Safety Belt Performance Grants'' under 23 U.S.C. 406, and such
    obligation limitation shall remain available until September 30, 2010 in
    accordance with subsection (f) of such section 406 and shall be in
    addition to the amount of any limitation imposed on obligations for such
    grants for future fiscal years; $34,500,000 shall be for ``State Traffic
    Safety Information System Improvements'' under 23 U.S.C. 408;
    $139,000,000 shall be for ``Alcohol-Impaired Driving Countermeasures
    Incentive Grant Program'' under 23 U.S.C. 410; $18,500,000 shall be for
    ``Administrative Expenses'' under section 2001(a)(11) of Public Law 109-
    59; $29,000,000 shall be for ``High Visibility Enforcement Program''
    under section 2009 of Public Law 109-59; $7,000,000 shall be for
    ``Motorcyclist Safety'' under section 2010 of Public Law 109-59; and
    $7,000,000 shall be for ``Child Safety and Child Booster Seat Safety
    Incentive Grants'' under section 2011 of Public Law 109-59: Provided
    further, That none of these funds shall be used for construction,
    rehabilitation, or remodeling costs, or for office furnishings and
    fixtures for State, local or private buildings or structures: Provided
    further, That not to exceed $500,000 of the funds made available for
    section 410 ``Alcohol-Impaired Driving Countermeasures Grants'' shall be
    available for technical assistance to the States: Provided further, That

    [[Page 123 STAT. 934]]

    not to exceed $750,000 of the funds made available for the ``High
    Visibility Enforcement Program'' shall be available for the evaluation
    required under section 2009(f) of Public Law 109-59.

           administrative provisions--national highway traffic safety
                                 administration

                             (including rescissions)

        Sec. 140.  Notwithstanding any other provision of law or limitation
    on the use of funds made available under section 403 of title 23, United
    States Code, an additional $130,000 shall be made available to the
    National Highway Traffic Safety Administration, out of the amount
    limited for section 402 of title 23, United States Code, to pay for
    travel and related expenses for State management reviews and to pay for
    core competency development training and related expenses for highway
    safety staff.
        Sec. 141. Of the amounts made available under the heading
    ``Operations and Research (Liquidation of Contract Authorization)
    (Limitation on Obligations) (Highway Trust Fund)'' in prior
    appropriations Acts, $10,900,000 in unobligated balances are permanently
    rescinded.
        Sec. 142. Of the amounts made available under the heading ``National
    Driver Register (Liquidation of Contract Authorization) (Limitation on
    Obligations) (Highway Trust Fund)'' in prior appropriations Acts,
    $544,000 in unobligated balances are permanently rescinded.
        Sec. 143. Of the amounts made available under the heading ``Highway
    Traffic Safety Grants (Liquidation of Contract Authorization)
    (Limitation on Obligations) (Highway Trust Fund)'' in prior
    appropriations Acts, $60,200,000 in unobligated balances are permanently
    rescinded.

                         Federal Railroad Administration

                              Safety and Operations

        For necessary expenses of the Federal Railroad Administration, not
    otherwise provided for, $159,445,000, of which $12,268,890 shall remain
    available until expended.

                        railroad research and development

        For necessary expenses for railroad research and development,
    $33,950,000, to remain available until expended.

                     capital assistance to states--intercity

                             passenger rail service

        To enable the Federal Railroad Administrator to make grants to
    States for the capital costs of improving existing intercity passenger
    rail service and providing new intercity passenger rail service,
    $90,000,000, to remain available until expended: <<NOTE: Grants.>>
    Provided, That grants shall be provided to a State only on a
    reimbursable basis: Provided further, That grants cover no more than 50
    percent of the total capital cost of a project selected for funding:
    Provided further, That no more than 10 percent of funds made available
    under this program may be used for planning activities that lead

    [[Page 123 STAT. 935]]

    directly to the development of a passenger rail corridor investment plan
    consistent with the requirements established by the Administrator:
    Provided further, That <<NOTE: Deadline. Publication. Criteria.>>  no
    later than eight months following enactment of this Act, the Secretary
    shall establish and publish criteria for project selection, set a
    deadline for grant applications, and provide a schedule for project
    selection: Provided further, That to be eligible for this assistance,
    States must include intercity passenger rail service as an integral part
    of statewide transportation planning as required under section 135 of
    title 23, United States Code: Provided further, That to be eligible for
    capital assistance the specific project must be on the Statewide
    Transportation Improvement Plan at the time of the application to
    qualify: Provided further, That the Secretary give priority to capital
    and planning applications for projects that improve the safety and
    reliability of intercity passenger trains, involve a commitment by
    freight railroads to an enforceable on-time performance of passenger
    trains of 80 percent or greater, involve a commitment by freight
    railroads of financial resources commensurate with the benefit expected
    to their operations, improve or extend service on a route that requires
    little or no Federal assistance for its operations, and involve a
    commitment by States or railroads of financial resources to improve the
    safety of highway/rail grade crossings over which the passenger service
    operates: Provided further, That <<NOTE: Reports. Deadline.>>  the
    Administrator is directed to report to the Committees on Appropriations
    not later than 180 days upon enactment of this Act detailing the
    recipients and outcomes of grants issued pursuant to Public Law 110-116,
    under this heading, the Capital Assistance to States Program, any and
    all usage and performance fees paid to a freight railroad for access to
    the right of way: Provided further, That the Administrator may retain up
    to one-quarter of 1 percent of the funds provided under this heading to
    fund the award and oversight by the Administrator of grants made under
    this heading.

            Railroad Rehabilitation and Improvement Financing Program

        The Secretary of Transportation is authorized to issue to the
    Secretary of the Treasury notes or other obligations pursuant to section
    512 of the Railroad Revitalization and Regulatory Reform Act of 1976
    (Public Law 94-210), as amended, in such amounts and at such times as
    may be necessary to pay any amounts required pursuant to the guarantee
    of the principal amount of obligations under sections 511 through 513 of
    such Act, such authority to exist as long as any such guaranteed
    obligation is outstanding: Provided, That pursuant to section 502 of
    such Act, as amended, no new direct loans or loan guarantee commitments
    shall be made using Federal funds for the credit risk premium during
    fiscal year 2009.

                  Rail Line Relocation and Improvement Program

        For necessary expenses of carrying out section 20154 of title 49,
    United States Code, as authorized by section 9002 of Public Law 109-59,
    $25,000,000, to remain available until expended.

    [[Page 123 STAT. 936]]

         Operating Grants to the National Railroad Passenger Corporation

        To enable the Secretary of Transportation to make quarterly grants
    to the National Railroad Passenger Corporation for operation of
    intercity passenger rail, $550,000,000, to remain available until
    expended: Provided, That the Secretary shall withhold such sums as shall
    be necessary for the costs associated with the second retroactive wage
    payment to Amtrak employees and shall transmit such funding to the
    corporation for the sole and exclusive purpose of making such payments
    only at such time as said payments are due: Provided further, That such
    remaining amounts available under this paragraph shall be available for
    the Secretary to approve funding to cover operating losses for the
    Corporation only after receiving and reviewing a grant request for each
    specific train route: Provided further, That each such grant request
    shall be accompanied by a detailed financial analysis, revenue
    projection, and capital expenditure projection justifying the Federal
    support to the Secretary's satisfaction: Provided further, That the
    Corporation is directed to achieve savings through operating
    efficiencies including, but not limited to, modifications to food and
    beverage service and first class service: <<NOTE: Reports. Deadlines.>>
    Provided further, That the Inspector General of the Department of
    Transportation shall report to the House and Senate Committees on
    Appropriations beginning 3 months after the date of the enactment of
    this Act and quarterly thereafter with estimates of the savings accrued
    as a result of all operational reforms instituted by the
    Corporation: <<NOTE: Deadline. Plans.>>  Provided further, That not
    later than 120 days after enactment of this Act, the Corporation shall
    transmit to the House and Senate Committees on Appropriations the status
    of its plan to improve the financial performance of food and beverage
    service and its plan to improve the financial performance of first class
    service (including sleeping car service): <<NOTE: Reports. Deadline.>>
    Provided further, That the Corporation shall report quarterly to the
    House and Senate Committees on Appropriations on its progress against
    the milestones and target dates contained in the plan provided in fiscal
    year 2008 and quantify savings realized to date on a monthly basis
    compared to those projected in the plan, identify any changes in the
    plan or delays in implementing these plans, and identify the causes of
    delay and proposed corrective measures: <<NOTE: Deadline. Business
    plan.>>  Provided further, That not later than 90 days after enactment
    of this Act, the Corporation shall transmit, in electronic format, to
    the Secretary, the House and Senate Committees on Appropriations, the
    House Committee on Transportation and Infrastructure and the Senate
    Committee on Commerce, Science, and Transportation a comprehensive
    business plan approved by the Board of Directors for fiscal year 2009
    under section 24104(a) of title 49, United States Code: Provided
    further, That the business plan shall include, as applicable, targets
    for ridership, revenues, and capital and operating expenses: Provided
    further, That the plan shall also include a separate accounting of such
    targets for the Northeast Corridor; commuter service; long-distance
    Amtrak service; State-supported service; each intercity train route,
    including Autotrain; and commercial activities including contract
    operations: Provided further, That the business plan shall include a
    description of the work to be funded, along with cost estimates and an
    estimated timetable for completion of the projects

    [[Page 123 STAT. 937]]

    covered by this business plan: <<NOTE: Reports. Deadline.>>  Provided
    further, That the Corporation shall continue to provide monthly reports
    in electronic format regarding the pending business plan, which shall
    describe the work completed to date, any changes to the business plan,
    and the reasons for such changes, and shall identify all sole source
    contract awards which shall be accompanied by a justification as to why
    said contract was awarded on a sole source basis: <<NOTE: Web
    posting.>>  Provided further, That the Corporation's business plan and
    all subsequent supplemental plans shall be displayed on the
    Corporation's website within a reasonable timeframe following their
    submission to the appropriate entities: Provided further, That none of
    the funds under this heading may be obligated or expended until the
    Corporation agrees to continue abiding by the provisions of paragraphs
    1, 2, 5, 9, and 11 of the summary of conditions for the direct loan
    agreement of June 28, 2002, in the same manner as in effect on the date
    of enactment of this Act: Provided further, That none of the funds
    provided in this Act may be used after March 1, 2006, to support any
    route on which Amtrak offers a discounted fare of more than 50 percent
    off the normal, peak fare: Provided further, That the preceding proviso
    does not apply to routes where the operating loss as a result of the
    discount is covered by a State and the State participates in the setting
    of fares: Provided further, That of the amounts made available under
    this heading not less than $18,500,000 shall be available for the Amtrak
    Office of Inspector General.

       Capital and Debt Service Grants to the National Railroad Passenger
                                   Corporation

        To enable the Secretary of Transportation to make quarterly grants
    to the National Railroad Passenger Corporation for the maintenance and
    repair of capital infrastructure owned by the Corporation, including
    railroad equipment, rolling stock, legal mandates and other services,
    $940,000,000, to remain available until expended, of which not to exceed
    $285,000,000 shall be for debt service obligations: Provided, That the
    Secretary may retain up to one-quarter of 1 percent of the funds under
    this heading to fund the oversight by the Federal Railroad
    Administration of the design and implementation of capital projects
    funded by grants made under this heading: Provided further, That the
    Secretary shall approve funding for capital expenditures, including
    advance purchase orders of materials, for the Corporation only after
    receiving and reviewing a grant request for each specific capital grant
    justifying the Federal support to the Secretary's satisfaction: Provided
    further, That none of the funds under this heading may be used to
    subsidize operating losses of the Corporation: Provided further, That
    none of the funds under this heading may be used for capital projects
    not approved by the Secretary of Transportation or on the Corporation's
    fiscal year 2009 business plan: <<NOTE: Fleet plan.>>  Provided further,
    That, the business plan shall be accompanied by a comprehensive fleet
    plan for all Amtrak rolling stock which shall address the Corporation's
    detailed plans and timeframes for the maintenance, refurbishment,
    replacement and expansion of the Amtrak fleet: Provided further, That
    said fleet plan shall establish year-specific goals and milestones and
    discuss potential, current, and preferred financing options for all such
    activities.

    [[Page 123 STAT. 938]]

         EFFICIENCY INCENTIVE GRANTS TO THE NATIONAL RAILROAD PASSENGER
                                   CORPORATION

                                  (RESCISSION)

        Of the amounts made available under this heading in Public Laws 109-
    115 and 110-5, all unobligated balances as of the date of enactment of
    this provision are hereby rescinded.

           Administrative Provisions--Federal Railroad Administration

        Sec. 151. The Secretary may purchase promotional items of nominal
    value for use in public outreach activities to accomplish the purposes
    of 49 U.S.C. 20134: <<NOTE: Guidelines.>>  Provided, That the Secretary
    shall prescribe guidelines for the administration of such purchases and
    use.

        Sec. 152. Hereafter, notwithstanding any other provision of law,
    funds provided in this Act for the National Railroad Passenger
    Corporation shall immediately cease to be available to said Corporation
    in the event that the Corporation contracts to have services provided at
    or from any location outside the United States. <<NOTE: Definition.>>
    For purposes of this section, the word ``services'' shall mean any
    service that was, as of July 1, 2006, performed by a full-time or part-
    time Amtrak employee whose base of employment is located within the
    United States.

        Sec. 153. The Secretary of Transportation may receive and expend
    cash, or receive and utilize spare parts and similar items, from non-
    United States Government sources to repair damages to or replace United
    States Government owned automated track inspection cars and equipment as
    a result of third party liability for such damages, and any amounts
    collected under this section shall be credited directly to the Safety
    and Operations account of the Federal Railroad Administration, and shall
    remain available until expended for the repair, operation and
    maintenance of automated track inspection cars and equipment in
    connection with the automated track inspection program.
        Sec. 154. <<NOTE: Reports. Deadlines.>>  The Federal Railroad
    Administrator shall submit a quarterly report on April 1, 2009, and
    quarterly reports thereafter, to the House and Senate Committees on
    Appropriations detailing the Administrator's efforts at improving the
    on-time performance of Amtrak intercity rail service operating on non-
    Amtrak owned property. Such reports shall compare the most recent actual
    on-time performance data to pre-established on-time performance goals
    that the Administrator shall set for each rail service, identified by
    route. Such reports shall also include whatever other information and
    data regarding the on-time performance of Amtrak trains the
    Administrator deems to be appropriate. <<NOTE: Fines.>>  The amounts
    made available in this title under the heading ``Office of the
    Secretary, Salaries and Expenses'' shall be reduced $100,000 for each
    day after the first day of each quarter that the quarterly reports
    required by this section are not submitted to the Congress.

    [[Page 123 STAT. 939]]

                         Federal Transit Administration

                             Administrative Expenses

                          (including transfer of funds)

        For necessary administrative expenses of the Federal Transit
    Administration's programs authorized by chapter 53 of title 49, United
    States Code, $94,413,000: Provided, That of the funds available under
    this heading, not to exceed $1,800,000 shall be available for travel and
    not to exceed $23,322,000 shall be available for the central account:
    Provided further, That any funding transferred from the central account
    shall be submitted for approval to the House and Senate Committees on
    Appropriations: Provided further, That none of the funds provided or
    limited in this Act may be used to create a permanent office of transit
    security under this heading: Provided further, That of the funds in this
    Act available for the execution of contracts under section 5327(c) of
    title 49, United States Code, $2,000,000 shall be transferred to the
    Department of Transportation's Office of Inspector General for costs
    associated with audits and investigations of transit-related issues,
    including reviews of new fixed guideway
    systems: <<NOTE: Reports. Deadline.>>  Provided further, That upon
    submission to the Congress of the fiscal year 2010 President's budget,
    the Secretary of Transportation shall transmit to Congress the annual
    report on new starts, including proposed allocations of funds for fiscal
    year 2010.

                             Formula and Bus Grants

                       (liquidation of contract authority)

                           (limitation on obligations)

                              (highway trust fund)

        For payment of obligations incurred in carrying out the provisions
    of 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5316, 5317, 5320, 5335,
    5339, and 5340 and section 3038 of Public Law 105-178, as amended,
    $8,670,000,000 to be derived from the Mass Transit Account of the
    Highway Trust Fund and to remain available until expended: Provided,
    That funds available for the implementation or execution of programs
    authorized under 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5316,
    5317, 5320, 5335, 5339, and 5340 and section 3038 of Public Law 105-178,
    as amended, shall not exceed total obligations of $8,260,565,000 in
    fiscal year 2009.

                    Research and University Research Centers

        For necessary expenses to carry out 49 U.S.C. 5306, 5312-5315, 5322,
    and 5506, $67,000,000, to remain available until expended: Provided,
    That $10,000,000 is available to carry out the transit cooperative
    research program under section 5313 of title 49, United States Code,
    $4,300,000 is available for the National Transit Institute under section
    5315 of title 49, United States Code, and $7,000,000 is available for
    university transportation centers program under section 5506 of title
    49, United States Code: Provided further, That $45,700,000 is available
    to carry out national research programs under sections 5312, 5313, 5314,
    and 5322 of title 49, United States Code.

    [[Page 123 STAT. 940]]

                            Capital Investment Grants

        For necessary expenses to carry out section 5309 of title 49, United
    States Code, $1,809,250,000, to remain available until expended, of
    which no less than $200,000,000 is for section 5309(e) of such title:
    Provided, That of the funds available under this heading, amounts are to
    be made available as follows:
                AC Transit BRT Corridor, California, $4,000,000.
                Bellevue-Redmond BRT, King County, Washington, $10,952,330.
                BRT, Potomac Yard-Crystal City, City of Alexandria and
            Arlington County, Virginia, $1,000,000.
                BRT, State Avenue Corridor, Wyandotte County, Kansas,
            $1,500,000.
                Central Corridor Light Rail Transit Project, Minnesota,
            $20,000,000.
                Central Florida Commuter Rail, Florida, $13,000,000.
                Central Link Initial Segment, Seattle, Washington,
            $25,962,062.
                Central Phoenix/East Valley Light Rail, Arizona,
            $91,800,000.
                Charlotte Rapid Transit Extension, North Carolina,
            $20,500,000.
                Commuter Rail Improvements, Fitchburg, Massachusetts,
            $30,000,000.
                Commuter Rail Study--Phoenix to Tucson, Arizona, $3,500,000.
                CTA Brown Line (Ravenswood), Illinois, $30,474,404.
                CTA Circle Line, Illinois, $6,000,000.
                Dallas Area Rapid Transit Northwest/Southeast Light Rail
            MOS, Texas, $87,974,716.
                Downtown Orlando East-West Circulator System, Florida,
            $8,000,000.
                Dulles Corridor Metrorail, Virginia, $29,100,000.
                Honolulu High Capacity Transit Corridor Project, Hawaii,
            $20,000,000.
                Houston Metropolitan Transit Authority Advanced Transit
            Program/METRO Solutions Phase 2, Texas, $15,000,000.
                Hudson-Bergen MOS-2, Northern, New Jersey, $1,103,860.
                I-69 HOV/BRT, Mississippi, $7,650,000.
                Improvements to the Rosslyn Metro Station, Virginia,
            $2,000,000.
                JTA BRT System, Jacksonville, Florida, $1,280,000.
                Largo Metrorail Extension, District of Columbia/Maryland,
            $34,700,000.
                Livermore-Amador BRT, Livermore, California, $7,990,000.
                Long Island Rail Road East Side Access, New York,
            $209,623,898.
                Mason Corridor BRT, Fort Collins, Colorado, $11,182,000.
                MARC Capacity Improvements, Maryland, $13,000,000.
                Metra, Illinois, $24,000,000.
                Metro Gold Line Eastside Extension, Los Angeles, California,
            $81,600,000.
                Metrorail Orange Line Extension Project, Florida,
            $20,000,000.
                Metro Rapid Bus System Gap Closure, Los Angeles, California,
            $332,620.

    [[Page 123 STAT. 941]]

                Mid-City Rapid, San Diego, California, $19,485,000.
                Mid Jordan Light Rail Extension, Utah, $20,000,000.
                Mountain Links BRT, Flagstaff, Arizona, $5,614,200.
                Norfolk LRT, Virginia, $53,592,108.
                North Shore LRT Connector, Pennsylvania, $670,885.
                Northern Indiana Commuter Transit District, Indiana,
            $5,000,000.
                Northstar Corridor Rail, Minnesota, $71,166,060.
                Pacific Highway South BRT, King County, Washington,
            $281,520.
                Perris Valley Line, Riverside, California, $45,000,000.
                Pioneer Parkway EmX BRT, Springfield, Oregon, $296,000.
                San Francisco Muni Third Street Light Rail--Central Subway
            Project, California, $10,000,000.
                Second Avenue Subway Phase 1, New York, $277,697,000.
                South Corridor BRT, Kent County, Michigan, $600,000.
                South Corridor I-205/Portland Mall LRT, Oregon, $81,600,000.
                South County Commuter Rail, Wickford Junction Station, Rhode
            Island, $1,345,500.
                South Sacramento Light Rail Extension, California,
            $7,000,000.
                Southeast Corridor, LRT, Colorado, $1,031,210.
                Stamford Urban Transitway, Connecticut, $3,650,000.
                Streetcar Loop, Portland, Oregon, $45,000,000.
                Trans-Hudson Midtown Corridor, New Jersey, $48,000,000.
                Troost Corridor BRT, Kansas City, Missouri, $125,200.
                Tucson Modern Streetcar/Light Rail Transit System, Tucson,
            Arizona, $2,000,000.
                University Link LRT Extension, Washington, $100,000,000.
                Van Ness BRT Project, San Francisco, California, $400,000.
                VRE Rolling Stock, Virginia, $5,000,000.
                Weber County to Salt Lake City Commuter Rail, Utah,
            $81,600,000.
                West Corridor LRT, Colorado, $60,000,000.
                Wilshire Boulevard Bus-Only Lane, Los Angeles, California,
            $9,857,097.

            Administrative Provisions--Federal Transit Administration

                             (including rescissions)

        Sec. 160. The limitations on obligations for the programs of the
    Federal Transit Administration shall not apply to any authority under 49
    U.S.C. 5338, previously made available for obligation, or to any other
    authority previously made available for obligation.
        Sec. 161. Notwithstanding any other provision of law, funds
    appropriated or limited by this Act under the Federal Transit
    Administration, Capital Investment Grants account and for bus and bus
    facilities under the Federal Transit Administration, Formula and Bus
    Grants account for projects specified in this Act or identified in
    reports accompanying this Act not obligated by September 30, 2011, and
    other recoveries, shall be directed to projects eligible to use the
    funds for the purposes for which they were originally provided.
        Sec. 162. Notwithstanding any other provision of law, any funds
    appropriated before October 1, 2008, under any section of chapter 53 of
    title 49, United States Code, that remain available

    [[Page 123 STAT. 942]]

    for expenditure, may be transferred to and administered under the most
    recent appropriation heading for any such section.
        Sec. 163. Notwithstanding any other provision of law, unobligated
    funds made available for new fixed guideway system projects under the
    heading ``Federal Transit Administration, Capital investment grants'' in
    any appropriations Act prior to this Act may be used during this fiscal
    year to satisfy expenses incurred for such projects.
        Sec. 164.  During fiscal year 2009, each Federal Transit
    Administration grant for a project that involves the acquisition or
    rehabilitation of a bus to be used in public transportation shall be
    funded for 90 percent of the net capital costs of a biodiesel bus or a
    factory-installed or retrofitted hybrid electric propulsion system and
    any equipment related to such a system: Provided, That the Secretary
    shall have the discretion to determine, through practicable
    administrative procedures, the costs attributable to the system and
    related-equipment.
        Sec. 165. <<NOTE: Contracts.>>  Notwithstanding any other provision
    of law, in regard to the Central Link Initial Segment Project, to the
    extent that Federal funds remain available within the current budget for
    the project, the Secretary shall, immediately upon the date of enactment
    of this Act, amend the Full Funding Grant Agreement for said project to
    allow remaining Federal funds to be used to support completion of the
    Airport Link extension of said project.

        Sec. 166. <<NOTE: Kansas.>>   Any unexpended funds in Federal
    Transit Administration grant numbers KS-03-0018 and KS-03-0032 shall be
    made available, at the request of the State, for a bus rapid transit
    project and related capital purchases and facility improvements, in
    Johnson County, Kansas City, KS under the terms and conditions required
    to carry out section 5309(b)(3) of title 49, United States Code to the
    extent applicable.

        Sec. 167. Of the balances available for this fiscal year to carry
    out 49 U.S.C. 5309(b) left to the discretion of the Secretary of
    Transportation, $100,000,000 are permanently rescinded.
        Sec. 168. None of the funds provided or limited under this Act may
    be used to issue a final regulation under section 5309 of title 49,
    United States Code, except that the Federal Transit Administration may
    continue to review comments received on the proposed rule (Docket No.
    FTA-2006-25737).
        Sec. 169. Funds made available for Alaska or Hawaii ferry boats or
    ferry terminal facilities pursuant to 49 U.S.C. 5309(m)(2)(B) may be
    used to construct new vessels and facilities, or to improve existing
    vessels and facilities, including both the passenger and vehicle-related
    elements of such vessels and facilities, and for repair facilities:
    Provided, That not more than $4,000,000 of the funds made available
    pursuant to 49 U.S.C. 5309(m)(2)(B) may be used by the City and County
    of Honolulu to operate a passenger ferry boat service demonstration
    project to test the viability of different intra-island ferry boat
    routes and technologies.
        Sec. 170. Notwithstanding any other provision of law, unobligated
    funds or recoveries under section 5309 of title 49, United States Code,
    that are available to the Secretary of Transportation for reallocation
    shall be directed to projects eligible to use the funds for the purposes
    for which they were originally provided.
        Sec. 171. Notwithstanding any other provision of law, the $2,695,000
    appropriated for the Charlotte Rapid Transit Extension--Northeast
    Corridor Light Rail Project, North Carolina under

    [[Page 123 STAT. 943]]

    the Alternatives Analysis Account in division K of the Consolidated
    Appropriations Act, 2008 (Public Law 110-161) shall be used for the
    Charlotte Rapid Transit Extension--Northeast Corridor to carry out new
    fixed guideway or extension to existing fixed guideway activities
    described in section 5309 of title 49, United States Code.

                  Saint Lawrence Seaway Development Corporation

        The Saint <<NOTE: Expenditure authority. Contracts.>>  Lawrence
    Seaway Development Corporation is hereby authorized to make such
    expenditures, within the limits of funds and borrowing authority
    available to the Corporation, and in accord with law, and to make such
    contracts and commitments without regard to fiscal year limitations as
    provided by section 104 of the Government Corporation Control Act, as
    amended, as may be necessary in carrying out the programs set forth in
    the Corporation's budget for the current fiscal year.

                           operations and maintenance

                         (harbor maintenance trust fund)

        For necessary expenses for operations, maintenance, and capital
    asset renewal of those portions of the Saint Lawrence Seaway owned,
    operated, and maintained by the Saint Lawrence Seaway Development
    Corporation, $31,842,000, to be derived from the Harbor Maintenance
    Trust Fund, pursuant to Public Law 99-662.

                             Maritime Administration

                            Maritime Security Program

        For necessary expenses to maintain and preserve a U.S.-flag merchant
    fleet to serve the national security needs of the United States,
    $174,000,000, to remain available until expended.

                             Operations and Training

        For necessary expenses of operations and training activities
    authorized by law, $123,360,000, of which $10,500,000 shall remain
    available until expended for maintenance and repair of Schoolships at
    State Maritime Schools, of which $8,150,000 shall remain available until
    expended for capital improvements at the United States Merchant Marine
    Academy, and of which $53,208,000 shall be available for operations at
    the United States Merchant Marine Academy: Provided, That amounts
    apportioned for the United States Merchant Marine Academy shall be
    available only upon allotments made personally by the Secretary of
    Transportation and not a designee: Provided further, That the
    Superintendent, Deputy Superintendent and the Director of the Office of
    Resource Management of the United States Merchant Marine Academy may not
    be allotment holders for the United States Merchant Marine Academy, and
    the Administrator of Maritime Administration shall hold all allotments
    made by the Secretary of Transportation under the previous
    proviso: <<NOTE: Expenditure plan.>>  Provided further, That 50 percent
    of the funding made available for the United States Merchant Marine
    Academy under this heading shall be available only after the Secretary,
    in consultation with the Maritime Administration, completes a plan
    detailing by program or activity and by object class how such

    [[Page 123 STAT. 944]]

    funding will be expended at the Academy, and this plan is submitted to
    the House and Senate Committees on Appropriations.

                                  Ship Disposal

        For necessary expenses related to the disposal of obsolete vessels
    in the National Defense Reserve Fleet of the Maritime Administration,
    $15,000,000, to remain available until expended.

    Assistance to Small Shipyards <<NOTE: Grants. Deadlines.>>

        To make grants to qualified shipyards as authorized under section
    3506 of Public Law 109-163 or section 54101 of title 46, United States
    Code, $17,500,000, to remain available until expended: Provided, That to
    be considered for assistance, a qualified shipyard shall submit an
    application for assistance no later than 60 days after enactment of this
    Act: Provided further, That from applications submitted under the
    previous proviso, the Secretary of Transportation shall make grants no
    later than 120 days after enactment of this Act in such amounts as the
    Secretary determines: Provided further, That not to exceed 2 percent of
    the funds appropriated under this heading shall be available for
    necessary costs of grant administration.

               maritime guaranteed loan (title xi) program account

                          (including transfer of funds)

        For administrative expenses to carry out the guaranteed loan
    program, not to exceed $3,531,000, which shall be transferred to and
    merged with the appropriation for ``Operations and Training'', Maritime
    Administration.

                                Ship Construction

                                  (rescission)

        Of the unobligated balances available under this heading, $1,382,554
    are rescinded.

               Administrative Provisions--Maritime Administration

        Sec. 175. Notwithstanding any other provision of this Act, the
    Maritime Administration is authorized to furnish utilities and services
    and make necessary repairs in connection with any lease, contract, or
    occupancy involving Government property under control of the Maritime
    Administration, and payments received therefor shall be credited to the
    appropriation charged with the cost thereof: Provided, That rental
    payments under any such lease, contract, or occupancy for items other
    than such utilities, services, or repairs shall be covered into the
    Treasury as miscellaneous receipts.
        Sec. 176. No obligations shall be incurred during the current fiscal
    year from the construction fund established by the Merchant Marine Act,
    1936 (46 U.S.C. 53101 note (cds)), or otherwise, in excess of the
    appropriations and limitations contained in this Act or in any prior
    appropriations Act.
        Sec. 177. Section 51509 of title 46, United States Code, is amended
    in subsection (b) by deleting ``$4,000'' and inserting in lieu thereof
    ``$8,000'' and by inserting ``tuition,'' after ``uniforms,''.

    [[Page 123 STAT. 945]]

             Pipeline and Hazardous Materials Safety Administration

                             Administrative Expenses

                             (pipeline safety fund)

        For necessary operational expenses of the Pipeline and Hazardous
    Materials Safety Administration, $19,130,000, of which $639,000 shall be
    derived from the Pipeline Safety Fund: Provided, That $1,000,000 shall
    be transferred to ``Pipeline Safety'' in order to fund ``Pipeline safety
    information grants to communities'' as authorized in section 60130 of
    title 49, United States Code: <<NOTE: Grants. Deadline.>>  Provided
    further, That grants described under the previous proviso shall be
    awarded within 120 days of enactment of this Act.

                           hazardous materials safety

        For expenses necessary to discharge the hazardous materials safety
    functions of the Pipeline and Hazardous Materials Safety Administration,
    $32,000,000, of which $3,302,000 shall remain available until September
    30, 2011: Provided, That up to $800,000 in fees collected under 49
    U.S.C. 5108(g) shall be deposited in the general fund of the Treasury as
    offsetting receipts: Provided further, That there may be credited to
    this appropriation, to be available until expended, funds received from
    States, counties, municipalities, other public authorities, and private
    sources for expenses incurred for training, for reports publication and
    dissemination, and for travel expenses incurred in performance of
    hazardous materials exemptions and approvals functions.

                                 Pipeline Safety

                             (pipeline safety fund)

                        (oil spill liability trust fund)

        For expenses necessary to conduct the functions of the pipeline
    safety program, for grants-in-aid to carry out a pipeline safety
    program, as authorized by 49 U.S.C. 60107, and to discharge the pipeline
    program responsibilities of the Oil Pollution Act of 1990, $93,291,000,
    of which $18,810,000 shall be derived from the Oil Spill Liability Trust
    Fund and shall remain available until September 30, 2011; and of which
    $74,481,000 shall be derived from the Pipeline Safety Fund, of which
    $40,081,000 shall remain available until September 30, 2011: Provided,
    That not less than $1,043,000 of the funds provided under this heading
    shall be for the one-call State grant program.

                          Emergency Preparedness Grants

                          (emergency preparedness fund)

        For necessary expenses to carry out 49 U.S.C. 5128(b), $188,000, to
    be derived from the Emergency Preparedness Fund, to remain available
    until September 30, 2010: Provided, That not more than $28,318,000 shall
    be made available for obligation in fiscal year 2009 from amounts made
    available by 49 U.S.C. 5116(i) and 5128(b)-(c): Provided further, That
    none of the funds made available by 49 U.S.C. 5116(i), 5128(b), or
    5128(c) shall be made

    [[Page 123 STAT. 946]]

    available for obligation by individuals other than the Secretary of
    Transportation, or his or her designee.

                Research and Innovative Technology Administration

                            Research and Development

        For necessary expenses of the Research and Innovative Technology
    Administration, $12,900,000, of which $6,936,000 shall remain available
    until September 30, 2011: Provided, That there may be credited to this
    appropriation, to be available until expended, funds received from
    States, counties, municipalities, other public authorities, and private
    sources for expenses incurred for training.

                           Office of Inspector General

                              Salaries and Expenses

        For necessary expenses of the Office of Inspector General to carry
    out the provisions of the Inspector General Act of 1978, as amended,
    $71,400,000: Provided, That the Inspector General shall have all
    necessary authority, in carrying out the duties specified in the
    Inspector General Act, as amended (5 U.S.C. App. 3), to investigate
    allegations of fraud, including false statements to the government (18
    U.S.C. 1001), by any person or entity that is subject to regulation by
    the Department: Provided further, That the funds made available under
    this heading shall be used to investigate, pursuant to section 41712 of
    title 49, United States Code: (1) unfair or deceptive practices and
    unfair methods of competition by domestic and foreign air carriers and
    ticket agents; and (2) the compliance of domestic and foreign air
    carriers with respect to item (1) of this proviso.

                          Surface Transportation Board

                              Salaries and Expenses

        For necessary expenses of the Surface Transportation Board,
    including services authorized by 5 U.S.C. 3109, $26,847,000: Provided,
    That notwithstanding any other provision of law, not to exceed
    $1,250,000 from fees established by the Chairman of the Surface
    Transportation Board shall be credited to this appropriation as
    offsetting collections and used for necessary and authorized expenses
    under this heading: Provided further, That the sum herein appropriated
    from the general fund shall be reduced on a dollar-for-dollar basis as
    such offsetting collections are received during fiscal year 2009, to
    result in a final appropriation from the general fund estimated at no
    more than $25,597,000.

                General Provisions--Department of Transportation

        Sec. 180.  During the current fiscal year applicable appropriations
    to the Department of Transportation shall be available for maintenance
    and operation of aircraft; hire of passenger motor vehicles and
    aircraft; purchase of liability insurance for motor vehicles operating
    in foreign countries on official department business; and uniforms or
    allowances therefor, as authorized by law (5 U.S.C. 5901-5902).

    [[Page 123 STAT. 947]]

        Sec. 181. Appropriations contained in this Act for the Department of
    Transportation shall be available for services as authorized by 5 U.S.C.
    3109, but at rates for individuals not to exceed the per diem rate
    equivalent to the rate for an Executive Level IV.
        Sec. 182. <<NOTE: Appointees.>>  None of the funds in this Act shall
    be available for salaries and expenses of more than 110 political and
    Presidential appointees in the Department of Transportation: Provided,
    That none of the personnel covered by this provision may be assigned on
    temporary detail outside the Department of Transportation.

        Sec. 183. None of the funds in this Act shall be used to implement
    section 404 of title 23, United States Code.
        Sec. 184. (a) No recipient of funds made available in this Act shall
    disseminate personal information (as defined in 18 U.S.C. 2725(3))
    obtained by a State department of motor vehicles in connection with a
    motor vehicle record as defined in 18 U.S.C. 2725(1), except as provided
    in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721.
        (b) Notwithstanding subsection (a), the Secretary shall not withhold
    funds provided in this Act for any grantee if a State is in
    noncompliance with this provision.
        Sec. 185. Funds received by the Federal Highway Administration,
    Federal Transit Administration, and Federal Railroad Administration from
    States, counties, municipalities, other public authorities, and private
    sources for expenses incurred for training may be credited respectively
    to the Federal Highway Administration's ``Federal-Aid Highways''
    account, the Federal Transit Administration's ``Research and University
    Research Centers'' account, and to the Federal Railroad Administration's
    ``Safety and Operations'' account, except for State rail safety
    inspectors participating in training pursuant to 49 U.S.C. 20105.
        Sec. 186. Funds provided or limited in this Act under the
    appropriate accounts within the Federal Highway Administration, the
    Federal Railroad Administration and the Federal Transit Administration
    shall be for the eligible programs, projects and activities in the
    corresponding amounts identified in the explanatory statement
    accompanying this Act for ``Ferry Boats and Ferry Terminal Facilities'',
    ``Federal Lands'', ``Interstate Maintenance Discretionary'',
    ``Transportation, Community and System Preservation Program'', ``Delta
    Region Transportation Development Program'', ``Rail Line Relocation and
    Improvement Program'', ``Rail-highway crossing hazard eliminations'',
    ``Alternatives analysis'', and ``Bus and bus facilities''.
        Sec. 187. Notwithstanding any other provisions of law, rule or
    regulation, the Secretary of Transportation is authorized to allow the
    issuer of any preferred stock heretofore sold to the Department to
    redeem or repurchase such stock upon the payment to the Department of an
    amount determined by the Secretary.
        Sec. 188.  None <<NOTE: Grants. Notification. Deadline.>>  of the
    funds in this Act to the Department of Transportation may be used to
    make a grant unless the Secretary of Transportation notifies the House
    and Senate Committees on Appropriations not less than 3 full business
    days before any discretionary grant award, letter of intent, or full
    funding grant agreement totaling $500,000 or more is announced by the
    department or its modal administrations from: (1) any discretionary
    grant program of the Federal Highway Administration including the
    emergency relief program; (2) the airport improvement program of the
    Federal Aviation Administration; (3) any grant from the Federal

    [[Page 123 STAT. 948]]

    Railroad Administration; or (4) any program of the Federal Transit
    Administration other than the formula grants and fixed guideway
    modernization programs: <<NOTE: Notification.>>  Provided, That the
    Secretary gives concurrent notification to the House and Senate
    Committees on Appropriations for any ``quick release'' of funds from the
    emergency relief program: Provided further, That no notification shall
    involve funds that are not available for obligation.

        Sec. 189. Rebates, refunds, incentive payments, minor fees and other
    funds received by the Department of Transportation from travel
    management centers, charge card programs, the subleasing of building
    space, and miscellaneous sources are to be credited to appropriations of
    the Department of Transportation and allocated to elements of the
    Department of Transportation using fair and equitable criteria and such
    funds shall be available until expended.
        Sec. 190.  Amounts made available in this or any other Act that the
    Secretary determines represent improper payments by the Department of
    Transportation to a third party contractor under a financial assistance
    award, which are recovered pursuant to law, shall be available--
                (1) to reimburse the actual expenses incurred by the
            Department of Transportation in recovering improper payments;
            and
                (2) to pay contractors for services provided in recovering
            improper payments or contractor support in the implementation of
            the Improper Payments Information Act of 2002: Provided, That
            amounts in excess of that required for paragraphs (1) and (2)--
                        (A) shall be credited to and merged with the
                    appropriation from which the improper payments were
                    made, and shall be available for the purposes and period
                    for which such appropriations are available; or
                        (B) if no such appropriation remains available,
                    shall be deposited in the Treasury as miscellaneous
                    receipts: Provided further,
                    That <<NOTE: Notification.>>  prior to the transfer of
                    any such recovery to an appropriations account, the
                    Secretary shall notify the House and Senate Committees
                    on Appropriations of the amount and reasons for such
                    transfer: Provided further, That for purposes of this
                    section, the term ``improper payments'', has the same
                    meaning as that provided in section 2(d)(2) of Public
                    Law 107-300.

        Sec. 191. <<NOTE: Notice.>>  Notwithstanding any other provision of
    law, if any funds provided in or limited by this Act are subject to a
    reprogramming action that requires notice to be provided to the House
    and Senate Committees on Appropriations, said reprogramming action shall
    be approved or denied solely by the Committees on Appropriations:
    Provided, That <<NOTE: Deadline.>>  the Secretary may provide notice to
    other congressional committees of the action of the Committees on
    Appropriations on such reprogramming but not sooner than 30 days
    following the date on which the reprogramming action has been approved
    or denied by the House and Senate Committees on Appropriations.

        Sec. 192. (a) None of the funds appropriated or otherwise made
    available under this Act to the Surface Transportation Board of the
    Department of Transportation may be used to take any action to allow any
    activity described in subsection (b) in a case, matter, or declaratory
    order involving a railroad, or an entity

    [[Page 123 STAT. 949]]

    claiming or seeking authority to operate as a railroad, unless the Board
    receives written assurance from the Governor, or the Governor's
    designee, of the State in which such activity will occur that such
    railroad or entity has agreed to comply with State and local regulations
    that establish public health, safety, and environmental standards for
    the activities described in subsection (b), other than zoning laws or
    regulations.
        (b) Activities referred to in subsection (a) are activities that
    occur at a solid waste rail transfer facility involving--
                (1) the collection, storage, or transfer of solid waste (as
            defined in section 1004 of the Solid Waste Disposal Act (42
            U.S.C. 6903)) outside of original shipping containers; or
                (2) the separation or processing of solid waste (including
            baling, crushing, compacting, and shredding).

        Sec. 193. None of the funds appropriated or otherwise made available
    under this Act may be used by the Surface Transportation Board of the
    Department of Transportation to charge or collect any filing fee for
    rate complaints filed with the Board in an amount in excess of the
    amount authorized for district court civil suit filing fees under
    section 1914 of title 28, United States Code.
        Sec. 194. Of the funds made available or limited by this Act, which
    are not otherwise allocated under this Act or under SAFETEA-LU (Public
    Law 109-59) or necessary to fulfill existing agreements between the
    Department of Transportation and metropolitan areas under the ``Urban
    Partnerships'' and ``Congestion-Reduction Demonstration'' programs, not
    more than 10 percent of such funds for any program that is allocated at
    the discretion of the Secretary may be expended in furtherance of the
    Department of Transportation's ``National Strategy to Reduce Congestion
    on America's Transportation Network'' issued May 2006 by Secretary of
    Transportation, the Honorable Norman Mineta; also known as the
    ``Congestion Initiative'' or any other new congestion initiative.
        Sec. 195. Of the funds available for Ferry Boats and Ferry Terminal
    Facilities, $950,000 shall be for Missouri River, Route 240, Saline and
    Howard Counties for expenses, including reimbursement of previously
    incurred expenses, for alternative transportation (including ferryboat
    service) during bridge replacement.
        Sec. 196. Notwithstanding any other provision of law, the State of
    New Mexico may use funds apportioned to the State under section
    104(b)(2) of title 23, United States Code, for the congestion mitigation
    and air quality improvement program under section 149 of title 23,
    United States Code, to support the operation of commuter rail service
    between Belen and Bernalillo, New Mexico.
        Sec. 197. Notwithstanding any other provision of law, funds made
    available in fiscal years 2006 through 2009 for item number 598 in
    section 3044(a) of Public Law 109-59 that are unobligated or unexpended
    in a grant shall be made available to OATS, Incorporated for buses and
    bus-related facilities.
        Sec. 198. Notwithstanding any other provision of law, funds made
    available in fiscal years 2006 through 2009 for item number 1152 in
    section 1702 of Public Law 109-59 that are unobligated or unexpended
    shall be made available for maintenance, repair and reconstruction of
    the Tucker Bridge in the City of St. Louis, Missouri.
        Sec. 199. <<NOTE: Extension.>>  Notwithstanding any other provision
    of law, section 198 of division K of Public Law 110-161 shall continue
    in effect during fiscal year 2009.

    [[Page 123 STAT. 950]]

         This title may be cited as the ``Department of Transportation
    Appropriations Act, 2009''.

          TITLE II <<NOTE: Department of Housing and Urban Development
    Appropriations Act, 2009.>>

                   DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                          Management and Administration

                               executive direction

        For necessary salaries and expenses for Executive Direction,
    $23,799,456, of which not to exceed $3,885,581 shall be available for
    the immediate Office of the Secretary and Deputy Secretary; not to
    exceed $1,613,898 shall be available for the Office of Hearings and
    Appeals; not to exceed $544,552 shall be available for the Office of
    Small and Disadvantaged Business Utilization; not to exceed $720,343
    shall be available for the immediate Office of the Chief Financial
    Officer; not to exceed $1,516,800 shall be available for the immediate
    Office of the General Counsel; not to exceed $2,715,488 shall be
    available to the Office of the Assistant Secretary for Congressional and
    Intergovernmental Relations; not to exceed $2,586,721 shall be available
    for the Office of the Assistant Secretary for Public Affairs; not to
    exceed $1,005,120 shall be available for the Office of the Assistant
    Secretary for Administration; not to exceed $1,602,655 shall be
    available to the Office of the Assistant Secretary for Public and Indian
    Housing; not to exceed $1,707,499 shall be available to the Office of
    the Assistant Secretary for Community Planning and Development; not to
    exceed $3,778,560 shall be available to the Office of the Assistant
    Secretary for Housing, Federal Housing Commissioner; not to exceed
    $1,431,212 shall be available to the Office of the Assistant Secretary
    for Policy Development and Research; and not to exceed $691,027 shall be
    available to the Office of the Assistant Secretary for Fair Housing and
    Equal Opportunity: <<NOTE: Transfer authority. Notification.>>
    Provided, That the Secretary of the Department of Housing and Urban
    Development is authorized to transfer funds appropriated for any office
    funded under this heading to any other office funded under this heading
    following the written notification to the House and Senate Committees on
    Appropriations: Provided further, That no appropriation for any office
    shall be increased or decreased by more than 5 percent by all such
    transfers: Provided further, That <<NOTE: Notice.>>  notice of any
    change in funding greater than 5 percent shall be submitted for prior
    approval to the House and Senate Committees on
    Appropriations: <<NOTE: Notification.>>  Provided further, That the
    Secretary shall provide the Committees on Appropriations quarterly
    written notification regarding the status of pending congressional
    reports: <<NOTE: Reports. Electronic submission.>>  Provided further,
    That the Secretary shall provide all signed reports required by Congress
    electronically: Provided further, That not to exceed $25,000 of the
    amount made available under this paragraph for the immediate Office of
    the Secretary shall be available for official reception and
    representation expenses as the Secretary may determine.

                    Administration, Operations and Management

        For necessary salaries and expenses for administration, operations
    and management for the Department of Housing and Urban Development,
    $527,433,640, of which not to exceed $75,510,000

    [[Page 123 STAT. 951]]

    shall be available for the personnel compensation and benefits of the
    Office of Administration; not to exceed $11,003,940 shall be available
    for the personnel compensation and benefits of the Office of
    Departmental Operations and Coordination; not to exceed $48,817,430
    shall be available for the personnel compensation and benefits of the
    Office of Field Policy and Management; not to exceed $13,438,200 shall
    be available for the personnel compensation and benefits of the Office
    of the Chief Procurement Officer; not to exceed $34,028,820 shall be
    available for the personnel compensation and benefits of the remaining
    staff in the Office of the Chief Financial Officer; not to exceed
    $84,837,460 shall be available for the personnel compensation and
    benefits of the remaining staff in the Office of the General Counsel;
    not to exceed $3,085,120 shall be available for the personnel
    compensation and benefits of the Office of Departmental Equal Employment
    Opportunity; not to exceed $1,215,280 shall be available for the
    personnel compensation and benefits for the Center for Faith-Based and
    Community Initiatives; and not to exceed $255,497,390 shall be available
    for non-personnel expenses of the Department of Housing and Urban
    Development: Provided, That, funds provided under this heading may be
    used for necessary administrative and non-administrative expenses of the
    Department of Housing and Urban Development, not otherwise provided for,
    including purchase of uniforms, or allowances therefor, as authorized by
    5 U.S.C. 5901-5902; hire of passenger motor vehicles; services as
    authorized by 5 U.S.C. 3109: Provided further, That notwithstanding any
    other provision of law, funds appropriated under this heading may be
    used for advertising and promotional activities that support the housing
    mission area: Provided further, That <<NOTE: Transfer authority.>>  the
    Secretary of Housing and Urban Development is authorized to transfer
    funds appropriated for any office included in Administration, Operations
    and Management to any other office included in Administration,
    Operations and Management only after such transfer has been submitted
    to, and received prior written approval by, the House and Senate
    Committees on Appropriations: Provided further, That no appropriation
    for any office shall be increased or decreased by more than 10 percent
    by all such transfers.

                       Personnel Compensation and Benefits

                            Public and Indian Housing

        For necessary personnel compensation and benefits expenses of the
    Office of Public and Indian Housing, $190,390,100.

                       Community Planning and Development

        For necessary personnel compensation and benefits expenses of the
    Office of Community Planning and Development mission area, $94,233,700.

                                     Housing

        For necessary personnel compensation and benefits expenses of the
    Office of Housing, $363,198,000.

    [[Page 123 STAT. 952]]

             office of the government national mortgage association

        For necessary personnel compensation and benefits expenses of the
    Office of the Government National Mortgage Association, $10,000,000, to
    be derived from the GNMA guarantees of mortgage backed securities
    guaranteed loan receipt account.

                         Policy Development and Research

        For necessary personnel compensation and benefits expenses of the
    Office of Policy Development and Research, $18,070,850.

                       Fair Housing and Equal Opportunity

        For necessary personnel compensation and benefits expenses of the
    Office of Fair Housing and Equal Opportunity, $69,020,990.

                 Office of Healthy Homes and Lead Hazard Control

        For necessary personnel compensation and benefits expenses of the
    Office of Healthy Homes and Lead Hazard Control, $6,727,950.

                            Public and Indian Housing

                         tenant-based rental assistance

                          (including transfer of funds)

        For activities and assistance for the provision of tenant-based
    rental assistance authorized under the United States Housing Act of
    1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not
    otherwise provided for, $16,817,000,000, to remain available until
    expended, of which $12,817,000,000 shall be available on October 1,
    2008, and $4,000,000,000 shall be available on October 1, 2009:
    Provided, That the amounts made available under this heading are
    provided as follows:
                (1) $15,034,071,000 shall be available for renewals of
            expiring section 8 tenant-based annual contributions contracts
            (including renewals of enhanced vouchers under any provision of
            law authorizing such assistance under section 8(t) of the Act)
            and including renewal of other designated housing vouchers
            initially funded in fiscal year 2008 (such as Family
            Unification, Veterans Affairs Supportive Housing Vouchers and
            Non-elderly Disabled Vouchers): Provided, That notwithstanding
            any other provision of law, from amounts provided under this
            paragraph and any carryover, the Secretary for the calendar year
            2009 funding cycle shall provide renewal funding for each public
            housing agency based on voucher management system (VMS) leasing
            and cost data for the most recent Federal fiscal year and by
            applying the 2009 Annual Adjustment Factor as established by the
            Secretary, and by making any necessary adjustments for the costs
            associated with deposits to family self-sufficiency program
            escrow accounts or first-time renewals including tenant
            protection or HOPE VI vouchers: Provided further, That none of
            the funds provided under this paragraph may be used to fund a
            total number of unit months under lease which exceeds a public
            housing

    [[Page 123 STAT. 953]]

            agency's authorized level of units under contract: Provided
            further, That the Secretary shall, to the extent necessary to
            stay within the amount specified under this paragraph (except as
            otherwise modified under this Act), pro rate each public housing
            agency's allocation otherwise established pursuant to this
            paragraph: Provided further,
            That <<NOTE: Notification. Deadline.>>  except as provided in
            the last two provisos, the entire amount specified under this
            paragraph (except as otherwise modified under this Act) shall be
            obligated to the public housing agencies based on the allocation
            and pro rata method described above and the Secretary shall
            notify public housing agencies of their annual budget not later
            than 60 days after enactment of this Act: Provided further, That
            the Secretary may extend the 60-day notification period with the
            written approval of the House and Senate Committees on
            Appropriations: Provided further, That public housing agencies
            participating in the Moving to Work demonstration shall be
            funded pursuant to their Moving to Work agreements and shall be
            subject to the same pro rata adjustments under the previous
            provisos: Provided further, That up to $100,000,000 shall be
            available only: (1) to adjust the allocations for public housing
            agencies, after application for an adjustment by a public
            housing agency that experienced a significant increase, as
            determined by the Secretary, in renewal costs of tenant-based
            rental assistance resulting from unforeseen circumstances or
            from portability under section 8(r) of the Act; (2) for
            adjustments for public housing agencies with voucher leasing
            rates at the end of the calendar year that exceed the average
            leasing for the 12-month period used to establish the
            allocation; (3) for adjustments for the costs associated with
            VASH vouchers; and (4) for vouchers that were not in use during
            the 12-month period in order to be available to meet a
            commitment pursuant to section 8(o)(13) of the Act.
                (2) $150,000,000 for section 8 rental assistance for
            relocation and replacement of housing units that are demolished
            or disposed of pursuant to the Omnibus Consolidated Rescissions
            and Appropriations Act of 1996 (Public Law 104-134), conversion
            of section 23 projects to assistance under section 8, the family
            unification program under section 8(x) of the Act, relocation of
            witnesses in connection with efforts to combat crime in public
            and assisted housing pursuant to a request from a law
            enforcement or prosecution agency, enhanced vouchers under any
            provision of law authorizing such assistance under section 8(t)
            of the Act, HOPE VI vouchers, mandatory and voluntary
            conversions, and tenant protection assistance including
            replacement and relocation assistance or for project based
            assistance to prevent the displacement of unassisted elderly
            tenants currently residing in section 202 properties financed
            between 1959 and 1974 that are refinanced pursuant to Public Law
            106-569, as amended or under the authority as provided under
            this Act: <<NOTE: Vouchers.>>  Provided, That the Secretary
            shall provide replacement vouchers for all units that were
            occupied within the previous 24 months that cease to be
            available as assisted housing, subject only to the availability
            of funds.
                (3) Not to exceed $7,929,000 provided under this heading may
            be transferred to the Working Capital Fund: <<NOTE: Web
            posting.>>  Provided, That funding made available under this
            section shall not be transferred to the Working Capital Fund
            until the voucher

    [[Page 123 STAT. 954]]

            management system leasing and cost data is made available to the
            public on the Department of Housing and Urban Development
            website.
                (4) $1,500,000,000 for administrative and other expenses of
            public housing agencies in administering the section 8 tenant-
            based rental assistance program and which up to $50,000,000
            shall be available to the Secretary to allocate to public
            housing agencies that need additional funds to administer their
            section 8 programs, including fees associated with section 8
            tenant protection rental assistance, the administration of
            disaster related vouchers, Veterans Affairs Supportive Housing
            vouchers, and other incremental vouchers: Provided, That no less
            than $1,400,000,000 of the amount provided in this paragraph
            shall be allocated to public housing agencies for the calendar
            year 2009 funding cycle based on section 8(q) of the Act (and
            related Appropriation Act provisions) as in effect immediately
            before the enactment of the Quality Housing and Work
            Responsibility Act of 1998 (Public Law 105-276): Provided
            further, That if the amounts made available under this paragraph
            are insufficient to pay the amounts determined under the
            previous proviso, the Secretary may decrease the amounts
            allocated to agencies by a uniform percentage applicable to all
            agencies receiving funding under this paragraph or may, to the
            extent necessary to provide full payment of amounts determined
            under the previous proviso, utilize unobligated balances,
            including recaptures and carryovers, remaining from funds
            appropriated to the Department of Housing and Urban Development
            under this heading, for fiscal year 2008 and prior fiscal years,
            notwithstanding the purposes for which such amounts were
            appropriated: Provided further, That amounts provided under this
            paragraph shall be only for activities related to the provision
            of tenant-based rental assistance authorized under section 8,
            including related development activities: Provided further, That
            of the total amount provided under this paragraph, $50,000,000
            shall be made available for family self-sufficiency coordinators
            under section 23 of the Act.
                (5) $20,000,000 for incremental voucher assistance through
            the Family Unification Program: <<NOTE: Extension.>>  Provided,
            That the assistance made available under this paragraph shall
            continue to remain available for family unification upon
            turnover: Provided further, That the Secretary of Housing and
            Urban Development shall make such funding available,
            notwithstanding section 204 (competition provision) of this
            title, to entities with demonstrated experience and resources
            for supportive services.
                (6) $75,000,000 for incremental rental voucher assistance
            for use through a supported housing program administered in
            conjunction with the Department of Veterans Affairs as
            authorized under section 8(o)(19) of the United States Housing
            Act of 1937: Provided, That the Secretary of Housing and Urban
            Development shall make such funding available, notwithstanding
            section 204 (competition provision) of this title, to public
            housing agencies that partner with eligible VA Medical Centers
            or other entities as designated by the Secretary of the
            Department of Veterans Affairs, based on geographical need for
            such assistance as identified by the Secretary of the

    [[Page 123 STAT. 955]]

            Department of Veterans Affairs, public housing agency
            administrative performance, and other factors as specified by
            the Secretary of Housing and Urban Development in consultation
            with the Secretary of the Department of Veterans
            Affairs: <<NOTE: Waiver authority.>>  Provided further, That the
            Secretary of Housing and Urban Development may waive, or specify
            alternative requirements for (in consultation with the Secretary
            of the Department of Veterans Affairs), any provision of any
            statute or regulation that the Secretary of Housing and Urban
            Development administers in connection with the use of funds made
            available under this paragraph (except for requirements related
            to fair housing, nondiscrimination, labor standards, and the
            environment), upon a finding by the Secretary that any such
            waivers or alternative requirements are necessary for the
            effective delivery and administration of such voucher
            assistance: <<NOTE: Extension.>>  Provided further, That
            assistance made available under this paragraph shall continue to
            remain available for homeless veterans upon turn-over.
                (7) $30,000,000 for incremental vouchers under section 8 of
            the Act for nonelderly disabled families: <<NOTE: Extension.>>
            Provided, That assistance made available under this paragraph
            shall continue to remain available for the same population upon
            turnover: Provided further, That the Secretary of Housing and
            Urban Development shall make such funding available,
            notwithstanding section 204 (competition provision) of this
            title, to entities with demonstrated experience and resources
            for supportive services.

                            housing certificate fund

        Of the unobligated balances, including recaptures and carryover,
    remaining from funds appropriated to the Department of Housing and Urban
    Development under this heading, the heading ``Annual Contributions for
    Assisted Housing'' and the heading ``Project-Based Rental Assistance'',
    for fiscal year 2009 and prior years may be used for renewal of or
    amendments to section 8 project-based contracts and for performance-
    based contract administrators, notwithstanding the purposes for which
    such funds were appropriated: <<NOTE: Contracts. Termination.>>
    Provided, That any obligated balances of contract authority from fiscal
    year 1974 and prior that have been terminated shall be cancelled.

                           public housing capital fund

                          (including transfer of funds)

        For the <<NOTE: Deadline.>>  Public Housing Capital Fund Program to
    carry out capital and management activities for public housing agencies,
    as authorized under section 9 of the United States Housing Act of 1937
    (42 U.S.C. 1437g) (the ``Act'') $2,450,000,000, to remain available
    until September 30, 2012: Provided, That notwithstanding any other
    provision of law or regulation, during fiscal year 2009 the Secretary of
    Housing and Urban Development may not delegate to any Department
    official other than the Deputy Secretary and the Assistant Secretary for
    Public and Indian Housing any authority under paragraph (2) of section
    9(j) regarding the extension of the time periods under such
    section: <<NOTE: Definition.>>  Provided further, That for purposes of
    such section 9(j), the term ``obligate'' means, with respect to amounts,
    that the amounts are subject to a binding agreement

    [[Page 123 STAT. 956]]

    that will result in outlays, immediately or in the future: Provided
    further, That of the total amount provided under this heading, up to
    $10,000,000 shall be for carrying out activities under section 9(h) of
    such Act; not to exceed $14,577,000 may be transferred to the Working
    Capital Fund; and up to $15,345,000 shall be to support the ongoing
    Public Housing Financial and Physical Assessment activities of the Real
    Estate Assessment Center (REAC): Provided further, That no funds may be
    used under this heading for the purposes specified in section 9(k) of
    the Act: Provided further, That of the total amount provided under this
    heading, not to exceed $20,000,000 shall be available for the Secretary
    to make grants, notwithstanding section 204 of this Act, to public
    housing agencies for emergency capital needs including safety and
    security measures necessary to address crime and drug-related activity
    as well as needs resulting from unforeseen or unpreventable emergencies
    and natural disasters excluding Presidentially declared disasters
    occurring in fiscal year 2009: Provided further, That of the total
    amount provided under this heading, $40,000,000 shall be for supportive
    services, service coordinators and congregate services as authorized by
    section 34 of the Act (42 U.S.C. 1437z-6) and the Native American
    Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et
    seq.): Provided further, That of the total amount provided under this
    heading up to $8,820,000 is to support the costs of administrative and
    judicial receiverships: <<NOTE: Bonus awards.>>  Provided further, That
    from the funds made available under this heading, the Secretary shall
    provide bonus awards in fiscal year 2009 to public housing agencies that
    are designated high performers.

                          Public Housing Operating Fund

        For 2009 payments to public housing agencies for the operation and
    management of public housing, as authorized by section 9(e) of the
    United States Housing Act of 1937 (42 U.S.C. 1437g(e)), $4,455,000,000;
    of which $5,940,000 shall be for competitive grants and contracts to
    third parties for the provision of technical assistance to public
    housing agencies related to the transition and implementation of asset-
    based management in public housing: Provided, That, <<NOTE: 42 USC 1437g
    note.>>  in fiscal year 2009 and all fiscal years hereafter, no amounts
    under this heading in any appropriations Act may be used for payments to
    public housing agencies for the costs of operation and management of
    public housing for any year prior to the current year of such Act:
    Provided further, That no funds may be used under this heading for the
    purposes specified in section 9(k) of the United States Housing Act of
    1937.

         Revitalization of Severely Distressed Public Housing (Hope VI)

        For grants to public housing agencies for demolition, site
    revitalization, replacement housing, and tenant-based assistance grants
    to projects as authorized by section 24 of the United States Housing Act
    of 1937 (42 U.S.C. 1437v), $120,000,000, to remain available until
    September 30, 2010, of which the Secretary of Housing and Urban
    Development shall use $2,400,000 for technical assistance and contract
    expertise, to be provided directly or indirectly by grants, contracts or
    cooperative agreements, including training and cost of necessary travel
    for participants in such training, by or to officials and employees of
    the department and of public housing agencies and to residents:
    Provided, That none

    [[Page 123 STAT. 957]]

    of such funds shall be used directly or indirectly by granting
    competitive advantage in awards to settle litigation or pay judgments,
    unless expressly permitted herein.

                      Native American Housing Block Grants

        For the Native American Housing Block Grants program, as authorized
    under title I of the Native American Housing Assistance and Self-
    Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.),
    $645,000,000, to remain available until expended: Provided, That,
    notwithstanding the Native American Housing Assistance and Self-
    Determination Act of 1996, to determine the amount of the allocation
    under title I of such Act for each Indian tribe, the Secretary shall
    apply the formula under section 302 of such Act with the need component
    based on single-race Census data and with the need component based on
    multi-race Census data, and the amount of the allocation for each Indian
    tribe shall be the greater of the two resulting allocation amounts:
    Provided further, That of the amounts made available under this heading,
    $3,500,000 shall be contracted for assistance for a national
    organization representing Native American housing interests for
    providing training and technical assistance to Indian housing
    authorities and tribally designated housing entities as authorized under
    NAHASDA; and $4,250,000 shall be to support the inspection of Indian
    housing units, contract expertise, training, and technical assistance in
    the training, oversight, and management of such Indian housing and
    tenant-based assistance, including up to $300,000 for related travel:
    Provided further, That of the amount provided under this heading,
    $2,000,000 shall be made available for the cost of guaranteed notes and
    other obligations, as authorized by title VI of NAHASDA: Provided
    further, That such costs, including the costs of modifying such notes
    and other obligations, shall be as defined in section 502 of the
    Congressional Budget Act of 1974, as amended: Provided further, That
    these funds are available to subsidize the total principal amount of any
    notes and other obligations, any part of which is to be guaranteed, not
    to exceed $17,000,000.

                       native hawaiian housing block grant

        For the Native Hawaiian Housing Block Grant program, as authorized
    under title VIII of the Native American Housing Assistance and Self-
    Determination Act of 1996 (25 U.S.C. 4111 et seq.), $10,000,000, to
    remain available until expended: Provided, That of this amount, $299,211
    shall be for training and technical assistance activities, including up
    to $100,000 for related travel by Hawaii-based HUD employees.

               Indian Housing Loan Guarantee Fund Program Account

        For the cost of guaranteed loans, as authorized by section 184 of
    the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a),
    $9,000,000, to remain available until expended: Provided, That such
    costs, including the costs of modifying such loans, shall be as defined
    in section 502 of the Congressional Budget Act of 1974: Provided
    further, That these funds are available to subsidize total loan
    principal, any part of which is to be guaranteed, up to $420,000,000:
    Provided further, That up to $750,000 shall

    [[Page 123 STAT. 958]]

    be for administrative contract expenses including management processes
    and systems to carry out the loan guarantee program.

           Native Hawaiian Housing Loan Guarantee Fund Program Account

        For the cost of guaranteed loans, as authorized by section 184A of
    the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13b),
    $1,044,000, to remain available until expended: Provided, That such
    costs, including the costs of modifying such loans, shall be as defined
    in section 502 of the Congressional Budget Act of 1974: Provided
    further, That these funds are available to subsidize total loan
    principal, any part of which is to be guaranteed, not to exceed
    $41,504,255.

                       Community Planning and Development

                   housing opportunities for persons with aids

                          (including transfer of funds)

        For carrying out the Housing Opportunities for Persons with AIDS
    program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C.
    12901 et seq.), $310,000,000, to remain available until September 30,
    2010, except that amounts allocated pursuant to section 854(c)(3) of
    such Act shall remain available until September 30,
    2011: <<NOTE: Contracts.>>  Provided, That the Secretary shall renew all
    expiring contracts for permanent supportive housing that were funded
    under section 854(c)(3) of such Act that meet all program requirements
    before awarding funds for new contracts and activities authorized under
    this section: Provided further, That the Secretary may use not to exceed
    $1,485,000 of the funds under this heading for training, oversight, and
    technical assistance activities; and not to exceed $1,750,000 may be
    transferred to the Working Capital Fund.

                     Rural Housing and Economic Development

        For the Office of Rural Housing and Economic Development in the
    Department of Housing and Urban Development, $26,000,000, to remain
    available until expended, which amount shall be competitively awarded by
    September 1, 2009, to Indian tribes, State housing finance agencies,
    State community and/or economic development agencies, local rural
    nonprofits and community development corporations to support innovative
    housing and economic development activities in rural areas: Provided,
    That of the total amount made available under this heading, not less
    than $5,000,000 shall be made available to promote economic development
    and entrepreneurship for federally recognized Indian Tribes, through
    activities including the capitalization of revolving loan programs and
    business planning and development, funding is also made available for
    technical assistance to increase capacity through training and outreach
    activities.

    [[Page 123 STAT. 959]]

                           Community Development Fund

                          (including transfer of funds)

        For assistance to units of State and local government, and to other
    entities, for economic and community development activities, and for
    other purposes, $3,900,000,000, to remain available until September 30,
    2011, unless otherwise specified: Provided, That of the total amount
    provided, $3,641,966,875 is for carrying out the community development
    block grant program under title I of the Housing and Community
    Development Act of 1974, as amended (the ``Act'' herein) (42 U.S.C. 5301
    et seq.): Provided further, That unless explicitly provided for under
    this heading (except for planning grants provided in the second
    paragraph and amounts made available under the third paragraph), not to
    exceed 20 percent of any grant made with funds appropriated under this
    heading shall be expended for planning and management development and
    administration: Provided further, That of the total amount made
    available under this heading, not to exceed $3,175,000 may be
    transferred to the Working Capital Fund: Provided further, That
    $5,000,000 is for technical assistance as authorized by section
    107(b)(4) of such Act: Provided further, That $65,000,000 shall be for
    grants to Indian tribes notwithstanding section 106(a)(1) of such Act,
    of which, notwithstanding any other provision of law (including section
    204 of this Act), up to $3,960,000 may be used for emergencies that
    constitute imminent threats to health and safety.
        Of the amount made available under this heading, $165,311,875 shall
    be available for grants for the Economic Development Initiative (EDI) to
    finance a variety of targeted economic investments in accordance with
    the terms and conditions specified in the explanatory statement
    accompanying this Act: Provided, That none of the funds provided under
    this paragraph may be used for program operations: Provided further,
    That, for fiscal years 2007, 2008 and 2009, no unobligated funds for EDI
    grants may be used for any purpose except acquisition, planning, design,
    purchase of equipment, revitalization, redevelopment or construction.
        Of the amount made available under this heading, $19,546,250 shall
    be available for neighborhood initiatives that are utilized to improve
    the conditions of distressed and blighted areas and neighborhoods, to
    stimulate investment, economic diversification, and community
    revitalization in areas with population outmigration or a stagnating or
    declining economic base, or to determine whether housing benefits can be
    integrated more effectively with welfare reform initiatives: Provided,
    That amounts made available under this paragraph shall be provided in
    accordance with the terms and conditions specified in the explanatory
    statement accompanying this Act.
        The referenced statement of managers under this heading in title III
    of division A of Public Law 109-115 is deemed to be amended with respect
    to item number 889 by striking ``Perry County, Pennsylvania to develop
    an industrial park in New Bloomfield'' and inserting ``Perry County,
    Pennsylvania to develop an industrial park in Penn Township/Duncannon''.
        The referenced statement of managers under the heading ``Community
    Planning and Development'' in title II of division K of Public Law 110-
    161 is deemed to be amended by striking: ``Golden Castings Foundry
    Demolition and Site Remediation Project

    [[Page 123 STAT. 960]]

    to raze and remediate the site of the former Golden Castings Foundry for
    the demolition and environmental remediation costs of the Golden
    Castings foundry site'' and inserting ``To remediate the former site of
    the Columbus Wood Treating Plant in Columbus, Indiana''.
        The referenced explanatory statement under this heading in Public
    Law 110-161 is deemed to be amended with respect to the fourth item
    included in the table found on page 2439 with respect to amounts made
    available for the Springfield Boys and Girls Club by striking
    ``Springfield Boys and Girls Club; Community Center; Springfield, IL;
    Planning, development, land acquisition, and construction costs for a
    new community center in Springfield.'' and inserting ``City of
    Springfield for capital costs associated with the Edwin Watts Southwind
    Park''.
        The referenced statement of managers under the heading ``Community
    Development Fund'' in title II of division K of Public Law 110-161 is
    deemed to be amended by striking: ``City of Charlotte, NC for land
    acquisition in the development of the Belvedere Business Park'' and
    inserting ``City of Charlotte, NC for development of the Belvedere
    Business Park''.

              Community Development Loan Guarantees Program Account

        For the cost of guaranteed loans, $6,000,000, to remain available
    until September 30, 2010, as authorized by section 108 of the Housing
    and Community Development Act of 1974 (42 U.S.C. 5308): Provided, That
    such costs, including the cost of modifying such loans, shall be as
    defined in section 502 of the Congressional Budget Act of 1974: Provided
    further, That these funds are available to subsidize total loan
    principal, any part of which is to be guaranteed, not to exceed
    $275,000,000, notwithstanding any aggregate limitation on outstanding
    obligations guaranteed in section 108(k) of the Housing and Community
    Development Act of 1974, as amended.

                            brownfields redevelopment

        For competitive economic development grants, as authorized by
    section 108(q) of the Housing and Community Development Act of 1974, as
    amended, for Brownfields redevelopment projects, $10,000,000, to remain
    available until September 30, 2010: Provided, That no funds made
    available under this heading may be used to establish loan loss reserves
    for the section 108 Community Development Loan Guarantee program.

                      HOME Investment Partnerships Program

                          (including transfer of funds)

        For the HOME investment partnerships program, as authorized under
    title II of the Cranston-Gonzalez National Affordable Housing Act, as
    amended, $1,825,000,000, to remain available until September 30, 2011,
    of which not to exceed $4,200,000 may be transferred to the Working
    Capital Fund: Provided, That up to $12,000,000 shall be available for
    technical assistance: Provided further, That, in prior appropriations
    Acts for Community Housing Development Organizations technical
    assistance, and that still

    [[Page 123 STAT. 961]]

    remain available, may be used for HOME technical assistance
    notwithstanding the purposes for which such amounts were appropriated.

            self-help and assisted homeownership opportunity program

        For the Self-Help and Assisted Homeownership Opportunity Program, as
    authorized under section 11 of the Housing Opportunity Program Extension
    Act of 1996, as amended, $64,000,000 to remain available until September
    30, 2011: Provided, That of the total amount provided under this
    heading, $26,500,000 shall be made available to the Self-Help and
    Assisted Homeownership Opportunity Program as authorized under section
    11 of the Housing Opportunity Program Extension Act of 1996, as amended:
    Provided further, That $34,000,000 shall be made available for the
    second, third and fourth capacity building activities authorized under
    section 4(a) of the HUD Demonstration Act of 1993 (42 U.S.C. 9816 note),
    of which not less than $5,000,000 may be made available for rural
    capacity building activities: Provided further, That $3,500,000 shall be
    made available for capacity building activities as authorized in
    sections 6301 through 6305 of Public Law 110-246.

                           Homeless Assistance Grants

                          (including transfer of funds)

        For the emergency shelter grants program as authorized under
    subtitle B of title IV of the McKinney-Vento Homeless Assistance Act, as
    amended; the supportive housing program as authorized under subtitle C
    of title IV of such Act; the section 8 moderate rehabilitation single
    room occupancy program as authorized under the United States Housing Act
    of 1937, as amended, to assist homeless individuals pursuant to section
    441 of the McKinney-Vento Homeless Assistance Act; and the shelter plus
    care program as authorized under subtitle F of title IV of such Act,
    $1,677,000,000, of which $1,672,000,000 shall remain available until
    September 30, 2011, and of which $5,000,000 shall remain available until
    expended for rehabilitation projects with 10-year grant terms: Provided,
    That of the amount provided, $10,000,000 shall be made available to
    conduct a demonstration program on the prevention of homelessness among
    the Nation's veterans: Provided further, That the Secretary shall work
    in coordination with the Department of Veterans Affairs and the
    Department of Labor to select a limited number of urban and rural sites
    in which to carry out this demonstration: Provided further, That in
    selecting sites, the Secretary shall evaluate the rate of homelessness
    among veterans in the area, and the experience of the grantees in
    coordinating with Department of Veterans Affairs and the Department of
    Labor to enable veterans to access mainstream programs: Provided
    further, That of the sites selected, up to three shall have a high
    number of service members separating from the military and transitioning
    into civilian life: Provided further, That the Secretary shall also
    select up to four sites located in rural areas to evaluate how to
    effectively serve veterans in rural areas, many of whom may have been
    part of the National Guard, may have limited access to the Department of
    Veterans Affairs medical centers, and may have dependent family members:
    Provided further, That funding made available under this demonstration
    shall be available for housing

    [[Page 123 STAT. 962]]

    and appropriate services to prevent veterans and their families from
    becoming homeless or reduce the length of time veterans and their
    families are homeless: Provided further, That of the amounts made
    available under this heading, not to exceed $750,000 may be available
    for an evaluation of this demonstration: Provided further, That not less
    than 30 percent of funds made available, excluding amounts provided for
    renewals under the shelter plus care program, shall be used for
    permanent housing for individuals and families: Provided further, That
    all funds awarded for services shall be matched by not less than 25
    percent in funding by each grantee: Provided further, That for all match
    requirements applicable to funds made available under this heading for
    this fiscal year and prior years, a grantee may use (or could have used)
    as a source of match funds other funds administered by the Secretary and
    other Federal agencies unless there is (or was) a specific statutory
    prohibition on any such use of any such funds: Provided further,
    That <<NOTE: Contracts.>>  the Secretary shall renew on an annual basis
    expiring contracts or amendments to contracts funded under the shelter
    plus care program if the program is determined to be needed under the
    applicable continuum of care and meets appropriate program requirements
    and financial standards, as determined by the Secretary: Provided
    further, That all awards of assistance under this heading shall be
    required to coordinate and integrate homeless programs with other
    mainstream health, social services, and employment programs for which
    homeless populations may be eligible, including Medicaid, State
    Children's Health Insurance Program, Temporary Assistance for Needy
    Families, Food Stamps, and services funding through the Mental Health
    and Substance Abuse Block Grant, Workforce Investment Act, and the
    Welfare-to-Work grant program: Provided further, That up to $8,000,000
    of the funds appropriated under this heading shall be available for the
    national homeless data analysis project and technical assistance:
    Provided further, That of the total amount made available under this
    heading, not to exceed $2,675,000 may be transferred to the Working
    Capital Fund: Provided further, That $3,000,000 of the funds
    appropriated under this heading shall be used to conduct research on
    homeless issues, including homeless prevention and youth homelessness:
    Provided further, That all balances for Shelter Plus Care renewals
    previously funded from the Shelter Plus Care Renewal account and
    transferred to this account shall be available, if recaptured, for
    Shelter Plus Care renewals in fiscal year 2009: Provided further, That
    this heading in the Department of Housing and Urban Development
    Appropriations Act, 2008 <<NOTE: 122 Stat. 2423.>>  is amended by
    inserting the following new proviso after the third proviso: ``Provided
    further, That the Secretary may renew grants made under this
    demonstration program and may treat such original grants and any such
    renewal grants as if these grants were made under the supportive housing
    program:''.

                                Housing Programs

                         Project-Based Rental Assistance

                          (including transfer of funds)

        For activities and assistance for the provision of project-based
    subsidy contracts under the United States Housing Act of 1937 (42 U.S.C.
    1437 et seq.) (``the Act''), not otherwise provided for,

    [[Page 123 STAT. 963]]

    $7,100,000,000, to remain available until expended, shall be available
    on October 1, 2008, and $400,000,000, to remain available until
    expended, shall be available on October 1, 2009: Provided, That the
    amounts made available under this heading are provided as follows:
                (1) $6,868,000,000 shall be available for expiring or
            terminating section 8 project-based subsidy contracts (including
            section 8 moderate rehabilitation contracts), for amendments to
            section 8 project-based subsidy contracts (including section 8
            moderate rehabilitation contracts), for contracts entered into
            pursuant to section 441 of the McKinney-Vento Homeless
            Assistance Act (42 U.S.C. 11401), for renewal of section 8
            contracts for units in projects that are subject to approved
            plans of action under the Emergency Low Income Housing
            Preservation Act of 1987 or the Low-Income Housing Preservation
            and Resident Homeownership Act of 1990, and for administrative
            and other expenses associated with project-based activities and
            assistance funded under this paragraph.
                (2) Up to $232,000,000 shall be available for performance-
            based contract administrators for section 8 project-based
            assistance: Provided, That the Secretary of Housing and Urban
            Development may also use such amounts for performance-based
            contract administrators for the administration of: interest
            reduction payments pursuant to section 236(a) of the National
            Housing Act (12 U.S.C. 1715z-1(a)); rent supplement payments
            pursuant to section 101 of the Housing and Urban Development Act
            of 1965 (12 U.S.C. 1701s); section 236(f)(2) rental assistance
            payments (12 U.S.C. 1715z-1(f)(2)); project rental assistance
            contracts for the elderly under section 202(c)(2) of the Housing
            Act of 1959 (12 U.S.C. 1701q); project rental assistance
            contracts for supportive housing for persons with disabilities
            under section 811(d)(2) of the Cranston-Gonzalez National
            Affordable Housing Act (42 U.S.C. 8013(d)(2)); project
            assistance contracts pursuant to section 202(h) of the Housing
            Act of 1959 (Public Law 86-372; 73 Stat. 667); and loans under
            section 202 of the Housing Act of 1959 (Public Law 86-372; 73
            Stat. 667).
                (3) Not to exceed $10,000,000 provided under this heading
            may be transferred to the Working Capital Fund.
                (4) Amounts recaptured under this heading, the heading
            ``Annual Contributions for Assisted Housing'', or the heading
            ``Housing Certificate Fund'' may be used for renewals of or
            amendments to section 8 project-based contracts or for
            performance-based contract administrators, notwithstanding the
            purposes for which such amounts were appropriated.

                             Housing for the Elderly

                          (including transfer of funds)

        For capital advances, including amendments to capital advance
    contracts, for housing for the elderly, as authorized by section 202 of
    the Housing Act of 1959, as amended, and for project rental assistance
    for the elderly under section 202(c)(2) of such Act, including
    amendments to contracts for such assistance and renewal of expiring
    contracts for such assistance for up to a 1-year term, and for
    supportive services associated with the housing, $765,000,000, to remain
    available until September 30, 2012, of which up to $626,400,000 shall be
    for capital advance and project-

    [[Page 123 STAT. 964]]

    based rental assistance awards: Provided, That, of the amount provided
    under this heading, up to $90,000,000 shall be for service coordinators
    and the continuation of existing congregate service grants for residents
    of assisted housing projects, and of which up to $25,000,000 shall be
    for grants under section 202b of the Housing Act of 1959 (12 U.S.C.
    1701q-2) for conversion of eligible projects under such section to
    assisted living or related use and for substantial and emergency capital
    repairs as determined by the Secretary: Provided further, That of the
    amount made available under this heading, $20,000,000 shall be available
    to the Secretary of Housing and Urban Development only for making
    competitive grants to private nonprofit organizations and consumer
    cooperatives for covering costs of architectural and engineering work,
    site control, and other planning relating to the development of
    supportive housing for the elderly that is eligible for assistance under
    section 202 of the Housing Act of 1959 (12 U.S.C. 1701q): Provided
    further, That amounts under this heading shall be available for Real
    Estate Assessment Center inspections and inspection-related activities
    associated with section 202 capital advance projects: Provided further,
    That up to $2,000,000 of the total amount made available under this
    heading shall be for technical assistance to improve grant applications
    and to facilitate the development of housing for the elderly under
    section 202 of the Housing Act of 1959, and supportive housing for
    persons with disabilities under section 811 of the Cranston-Gonzales
    National Affordable Housing Act: Provided further, That of the total
    amount made available under this heading, not to exceed $1,600,000 may
    be transferred to the Working Capital Fund: <<NOTE: Waiver authority.>>
    Provided further, That the Secretary may waive the provisions of section
    202 governing the terms and conditions of project rental assistance,
    except that the initial contract term for such assistance shall not
    exceed 5 years in duration.

                      Housing for Persons With Disabilities

                          (including transfer of funds)

        For capital advance contracts, including amendments to capital
    advance contracts, for supportive housing for persons with disabilities,
    as authorized by section 811 of the Cranston-Gonzalez National
    Affordable Housing Act (42 U.S.C. 8013), for project rental assistance
    for supportive housing for persons with disabilities under section
    811(d)(2) of such Act, including amendments to contracts for such
    assistance and renewal of expiring contracts for such assistance for up
    to a 1-year term, and for supportive services associated with the
    housing for persons with disabilities as authorized by section 811(b)(1)
    of such Act, and for tenant-based rental assistance contracts entered
    into pursuant to section 811 of such Act, $250,000,000, of which up to
    $161,300,000 shall be for capital advances and project-based rental
    assistance contracts, to remain available until September 30, 2012:
    Provided, That of the total amount made available under this heading,
    not to exceed $1,600,000 may be transferred to the Working Capital Fund:
    Provided further, That, of the amount provided under this heading,
    $87,100,000 shall be for amendments or renewal of tenant-based
    assistance contracts entered into prior to fiscal year 2005 (only one
    amendment authorized for any such contract): Provided further, That all
    tenant-based assistance made available under this heading shall continue
    to remain available only to persons with disabilities: <<NOTE: Waiver
    authority.>>  Provided further,

    [[Page 123 STAT. 965]]

    That the Secretary may waive the provisions of section 811 governing the
    terms and conditions of project rental assistance and tenant-based
    assistance, except that the initial contract term for such assistance
    shall not exceed 5 years in duration: <<NOTE: Inspections.>>  Provided
    further, That amounts made available under this heading shall be
    available for Real Estate Assessment Center inspections and inspection-
    related activities associated with section 811 Capital Advance Projects.

                          Housing Counseling Assistance

        For contracts, grants, and other assistance excluding loans, as
    authorized under section 106 of the Housing and Urban Development Act of
    1968, as amended, $65,000,000, including up to $2,000,000 for
    administrative contract services, to remain available until September
    30, 2010: Provided, That funds shall be used for providing counseling
    and advice to tenants and homeowners, both current and prospective, with
    respect to property maintenance, financial management/literacy, and such
    other matters as may be appropriate to assist them in improving their
    housing conditions, meeting their financial needs, and fulfilling the
    responsibilities of tenancy or homeownership; for program
    administration; and for housing counselor training.

                         other assisted housing programs

                            rental housing assistance

        For amendments to contracts under section 101 of the Housing and
    Urban Development Act of 1965 (12 U.S.C. 1701s) and section 236(f)(2) of
    the National Housing Act (12 U.S.C. 1715z-1) in State-aided, non-insured
    rental housing projects, $27,600,000, to remain available until
    expended.

                                 Rent Supplement

                                  (rescission)

        Of the amounts recaptured from terminated contracts under section
    101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s)
    and section 236 of the National Housing Act (12 U.S.C. 1715z-1)
    $37,600,000 are rescinded.

                 Payment to Manufactured Housing Fees Trust Fund

        For necessary expenses as authorized by the National Manufactured
    Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et
    seq.), up to $16,000,000, to remain available until expended, of which
    $10,600,000 is to be derived from the Manufactured Housing Fees Trust
    Fund: Provided, That not to exceed the total amount appropriated under
    this heading shall be available from the general fund of the Treasury to
    the extent necessary to incur obligations and make expenditures pending
    the receipt of collections to the Fund pursuant to section 620 of such
    Act: Provided further, That the amount made available under this heading
    from the general fund shall be reduced as such collections are received
    during fiscal year 2009 so as to result in a final fiscal year 2009
    appropriation from the general fund estimated at not more than
    $5,400,000 and fees pursuant to such section

    [[Page 123 STAT. 966]]

    620 shall be modified as necessary to ensure such a final fiscal year
    2009 appropriation: Provided further, That for the dispute resolution
    and installation programs, the Secretary of Housing and Urban
    Development may assess and collect fees from any program participant:
    Provided further, That such collections shall be deposited into the
    Fund, and the Secretary, as provided herein, may use such collections,
    as well as fees collected under section 620, for necessary expenses of
    such Act: Provided further, That notwithstanding the requirements of
    section 620 of such Act, the Secretary may carry out responsibilities of
    the Secretary under such Act through the use of approved service
    providers that are paid directly by the recipients of their services.

                         Federal Housing Administration

                    mutual mortgage insurance program account

                         (including transfers of funds)

        During fiscal year 2009, commitments to guarantee single family
    loans insured under the Mutual Mortgage Insurance Fund shall not exceed
    a loan principal of $315,000,000,000. During fiscal year 2009,
    obligations to make direct loans to carry out the purposes of section
    204(g) of the National Housing Act, as amended, shall not exceed
    $50,000,000: Provided, That the foregoing amount shall be for loans to
    nonprofit and governmental entities in connection with sales of single
    family real properties owned by the Secretary and formerly insured under
    the Mutual Mortgage Insurance Fund. For administrative contract
    expenses, $116,000,000, of which at least $46,794,000 shall, and up to
    $58,492,500 may, be transferred to the Working Capital Fund, and of
    which up to $7,500,000 shall be for education and outreach of FHA single
    family loan products: Provided further, That to the extent guaranteed
    loan commitments exceed $65,500,000,000 on or before April 1, 2009, an
    additional $1,400 for administrative contract expenses shall be
    available for each $1,000,000 in additional guaranteed loan commitments
    (including a pro rata amount for any amount below $1,000,000), but in no
    case shall funds made available by this proviso exceed $30,000,000.

                    general and special risk program account

        For the cost of guaranteed loans, as authorized by sections 238 and
    519 of the National Housing Act (12 U.S.C. 1715z-3 and 1735c), including
    the cost of loan guarantee modifications, as that term is defined in
    section 502 of the Congressional Budget Act of 1974, as amended,
    $8,600,000, to remain available until expended: Provided, That
    commitments to guarantee loans shall not exceed $45,000,000,000 in total
    loan principal, any part of which is to be guaranteed. Gross obligations
    for the principal amount of direct loans, as authorized by sections
    204(g), 207(l), 238, and 519(a) of the National Housing Act, shall not
    exceed $50,000,000, of which not to exceed $30,000,000 shall be for
    bridge financing in connection with the sale of multifamily real
    properties owned by the Secretary and formerly insured under such Act;
    and of which not to exceed $20,000,000 shall be for loans to nonprofit
    and governmental entities in connection with the sale of single-family
    real properties owned by the Secretary and formerly

    [[Page 123 STAT. 967]]

    insured under such Act. For administrative contract expenses necessary
    to carry out the guaranteed and direct loan programs, $48,871,000, of
    which at least $47,871,000 shall be for administrative contracts and up
    to $1,000,000 shall be for consumer education and outreach for FHA loan
    products.

                    Government National Mortgage Association

     Guarantees of Mortgage-Backed Securities Loan Guarantee Program Account

        New commitments to issue guarantees to carry out the purposes of
    section 306 of the National Housing Act, as amended (12 U.S.C. 1721(g)),
    shall not exceed $300,000,000,000, to remain available until September
    30, 2010: Provided, That to the extent new guarantees of mortgage-backed
    securities exceed $75,000,000,000 on or before April 1, 2009, an
    additional $1,000 for administrative contract expenses shall be
    available for each $1,000,000 in additional guaranteed loan commitments
    (including a pro rata amount for any amount below $1,000,000) but in no
    case shall funds made available by this proviso exceed $14,000,000.

                         Policy Development and Research

                             Research and Technology

        For contracts, grants, and necessary expenses of programs of
    research and studies relating to housing and urban problems, not
    otherwise provided for, as authorized by title V of the Housing and
    Urban Development Act of 1970 (12 U.S.C. 1701z-1 et seq.), including
    carrying out the functions of the Secretary of Housing and Urban
    Development under section 1(a)(1)(i) of Reorganization Plan No. 2 of
    1968, $58,000,000, to remain available until September 30, 2010:
    Provided, That of the funds made available under this heading,
    $23,000,000 is for grants pursuant to section 107 of the Housing and
    Community Development Act of 1974 (42 U.S.C. 5307): Provided further,
    That at least $1,000,000 shall be available for the Secretary to conduct
    a comprehensive study to be managed by the Office of Policy Development
    and Research, to analyze the administrative costs necessary to carry-out
    the tenant-based voucher program: Provided further, That of the total
    amount made available, $2,000,000 may be made available for technology
    directly related to disaster prone areas.

                       Fair Housing and Equal Opportunity

                             Fair Housing Activities

        For contracts, grants, and other assistance, not otherwise provided
    for, as authorized by title VIII of the Civil Rights Act of 1968, as
    amended by the Fair Housing Amendments Act of 1988, and section 561 of
    the Housing and Community Development Act of 1987, as amended,
    $53,500,000, to remain available until September 30, 2010, of which
    $27,500,000 shall be to carry out activities pursuant to such section
    561 of which up to $2,000,000 shall be made available to carryout
    authorized activities to protect the public from mortgage rescue scams:
    Provided, That notwithstanding 31 U.S.C. 3302, the Secretary may assess
    and collect fees to cover the costs of the Fair Housing Training
    Academy, and may use

    [[Page 123 STAT. 968]]

    such funds to provide such training: <<NOTE: Lobbying.>>  Provided
    further, That no funds made available under this heading shall be used
    to lobby the executive or legislative branches of the Federal Government
    in connection with a specific contract, grant or loan: Provided further,
    That of the funds made available under this heading, $500,000 shall be
    available to the Secretary of Housing and Urban Development for the
    creation and promotion of translated materials and other programs that
    support the assistance of persons with limited English proficiency in
    utilizing the services provided by the Department of Housing and Urban
    Development.

                 Office of Healthy Homes and Lead Hazard Control

                              Lead Hazard Reduction

        For the Lead Hazard Reduction Program, as authorized by section 1011
    of the Residential Lead-Based Paint Hazard Reduction Act of 1992,
    $140,000,000, to remain available until September 30, 2010, of which not
    less than $14,600,000 shall be for the Healthy Homes Initiative,
    pursuant to sections 501 and 502 of the Housing and Urban Development
    Act of 1970 that shall include research, studies, testing, and
    demonstration efforts, including education and outreach concerning lead-
    based paint poisoning and other housing-related diseases and hazards:
    Provided, That for purposes of environmental review, pursuant to the
    National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
    other provisions of law that further the purposes of such Act, a grant
    under the Healthy Homes Initiative, Operation Lead Elimination Action
    Plan (LEAP), or the Lead Technical Studies program under this heading or
    under prior appropriations Acts for such purposes under this heading,
    shall be considered to be funds for a special project for purposes of
    section 305(c) of the Multifamily Housing Property Disposition Reform
    Act of 1994: Provided further, That of the total amount made available
    under this heading, $48,000,000 shall be made available on a competitive
    basis for areas with the highest lead paint abatement needs: Provided
    further, That each recipient of funds provided under the second proviso
    shall make a matching contribution in an amount not less than 25
    percent: <<NOTE: Waiver authority.>>  Provided further, That the
    Secretary may waive the matching requirement cited in the preceding
    proviso on a case by case basis if the Secretary determines that such a
    waiver is necessary to advance the purposes of this
    program: <<NOTE: Plan. Notice.>>  Provided further, That each applicant
    shall submit a detailed plan and strategy that demonstrates adequate
    capacity that is acceptable to the Secretary to carry out the proposed
    use of funds pursuant to a notice of funding availability: Provided
    further, That amounts made available under this heading in prior
    appropriations Acts, and that still remain available, may be used for
    any purpose under this heading notwithstanding the purpose for which
    such amounts were appropriated: Provided further, That of the total
    amount made available under this heading, $250,000 shall be allocated
    through the Office of Healthy Homes and Lead Hazard Control to conduct
    communications and outreach to potential applicants to the Lead Hazard
    Reduction Demonstration Grant program.

    [[Page 123 STAT. 969]]

                          Management and Administration

                              working capital fund

        For additional capital for the Working Capital Fund (42 U.S.C. 3535)
    for the development of, modifications to, and infrastructure for
    Department-wide information technology systems, for the continuing
    operation and maintenance of both Department-wide and program-specific
    information systems, and for program-related development activities,
    $224,000,000, to remain available until September 30, 2010, of which not
    less than $4,000,000 shall be used for planning for modernizing,
    improving and maintaining information technology applications and
    infrastructure supporting the FHA: Provided, That any amounts
    transferred to this Fund under this Act shall remain available until
    expended: Provided further, That any amounts transferred to this Fund
    from amounts appropriated by previously enacted appropriations Acts or
    from within this Act may be used only for the purposes specified under
    this Fund, in addition to the purposes for which such amounts were
    appropriated: Provided further, That up to $15,000,000 may be
    transferred to this account from all other accounts in this title
    (except for the Office of the Inspector General account) that make funds
    available for salaries and expenses.

                           Office of Inspector General

        For necessary salaries and expenses of the Office of Inspector
    General in carrying out the Inspector General Act of 1978, as amended,
    $120,000,000: Provided, That the Inspector General shall have
    independent authority over all personnel issues within this office.

         General Provisions--Department of Housing and Urban Development

                         (including rescission of funds)

        Sec. 201. Fifty percent of the amounts of budget authority, or in
    lieu thereof 50 percent of the cash amounts associated with such budget
    authority, that are recaptured from projects described in section
    1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act of
    1988 (42 U.S.C. 1437 note) shall be rescinded or in the case of cash,
    shall be remitted to the Treasury, and such amounts of budget authority
    or cash recaptured and not rescinded or remitted to the Treasury shall
    be used by State housing finance agencies or local governments or local
    housing agencies with projects approved by the Secretary of Housing and
    Urban Development for which settlement occurred after January 1, 1992,
    in accordance with such section. Notwithstanding the previous sentence,
    the Secretary may award up to 15 percent of the budget authority or cash
    recaptured and not rescinded or remitted to the Treasury to provide
    project owners with incentives to refinance their project at a lower
    interest rate.
        Sec. 202. None of the amounts made available under this Act may be
    used during fiscal year 2009 to investigate or prosecute under the Fair
    Housing Act any otherwise lawful activity engaged in by one or more
    persons, including the filing or maintaining of a non-frivolous legal
    action, that is engaged in solely for the

    [[Page 123 STAT. 970]]

    purpose of achieving or preventing action by a Government official or
    entity, or a court of competent jurisdiction.
        Sec. 203. <<NOTE: Grants. AIDS.>>  (a) Notwithstanding section
    854(c)(1)(A) of the AIDS Housing Opportunity Act (42 U.S.C.
    12903(c)(1)(A)), from any amounts made available under this title for
    fiscal year 2009 that are allocated under such section, the Secretary of
    Housing and Urban Development shall allocate and make a grant, in the
    amount determined under subsection (b), for any State that--
                (1) received an allocation in a prior fiscal year under
            clause (ii) of such section; and
                (2) is not otherwise eligible for an allocation for fiscal
            year 2009 under such clause (ii) because the areas in the State
            outside of the metropolitan statistical areas that qualify under
            clause (i) in fiscal year 2009 do not have the number of cases
            of acquired immunodeficiency syndrome (AIDS) required under such
            clause.

        (b) The amount of the allocation and grant for any State described
    in subsection (a) shall be an amount based on the cumulative number of
    AIDS cases in the areas of that State that are outside of metropolitan
    statistical areas that qualify under clause (i) of such section
    854(c)(1)(A) in fiscal year 2009, in proportion to AIDS cases among
    cities and States that qualify under clauses (i) and (ii) of such
    section and States deemed eligible under subsection (a).
        (c) Notwithstanding <<NOTE: New Jersey.>>  any other provision of
    law, the amount allocated for fiscal year 2009 under section 854(c) of
    the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), to the City of
    New York, New York, on behalf of the New York-Wayne-White Plains, New
    York-New Jersey Metropolitan Division (hereafter ``metropolitan
    division'') of the New York-Newark-Edison, NY-NJ-PA Metropolitan
    Statistical Area, shall be adjusted by the Secretary of Housing and
    Urban Development by: (1) allocating to the City of Jersey City, New
    Jersey, the proportion of the metropolitan area's or division's amount
    that is based on the number of cases of AIDS reported in the portion of
    the metropolitan area or division that is located in Hudson County, New
    Jersey, and adjusting for the proportion of the metropolitan division's
    high incidence bonus if this area in New Jersey also has a higher than
    average per capita incidence of AIDS; and (2) allocating to the City of
    Paterson, New Jersey, the proportion of the metropolitan area's or
    division's amount that is based on the number of cases of AIDS reported
    in the portion of the metropolitan area or division that is located in
    Bergen County and Passaic County, New Jersey, and adjusting for the
    proportion of the metropolitan division's high incidence bonus if this
    area in New Jersey also has a higher than average per capita incidence
    of AIDS. The recipient cities shall use amounts allocated under this
    subsection to carry out eligible activities under section 855 of the
    AIDS Housing Opportunity Act (42 U.S.C. 12904) in their respective
    portions of the metropolitan division that is located in New Jersey.

        (d) Notwithstanding any other provision of law, the amount allocated
    for fiscal year 2009 under section 854(c) of the AIDS Housing
    Opportunity Act (42 U.S.C. 12903(c)) to areas with a higher than average
    per capita incidence of AIDS, shall be adjusted by the Secretary on the
    basis of area incidence reported over a 3 year period.

    [[Page 123 STAT. 971]]

        Sec. 204. Except as explicitly provided in law, any grant,
    cooperative agreement or other assistance made pursuant to title II of
    this Act shall be made on a competitive basis and in accordance with
    section 102 of the Department of Housing and Urban Development Reform
    Act of 1989 (42 U.S.C. 3545).
        Sec. 205. Funds of the Department of Housing and Urban Development
    subject to the Government Corporation Control Act or section 402 of the
    Housing Act of 1950 shall be available, without regard to the
    limitations on administrative expenses, for legal services on a contract
    or fee basis, and for utilizing and making payment for services and
    facilities of the Federal National Mortgage Association, Government
    National Mortgage Association, Federal Home Loan Mortgage Corporation,
    Federal Financing Bank, Federal Reserve banks or any member thereof,
    Federal Home Loan banks, and any insured bank within the meaning of the
    Federal Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811-
    1831).
        Sec. 206. Unless otherwise provided for in this Act or through a
    reprogramming of funds, no part of any appropriation for the Department
    of Housing and Urban Development shall be available for any program,
    project or activity in excess of amounts set forth in the budget
    estimates submitted to Congress.
        Sec. 207. Corporations and agencies of the Department of Housing and
    Urban Development which are subject to the Government Corporation
    Control Act, are hereby authorized to make such expenditures, within the
    limits of funds and borrowing authority available to each such
    corporation or agency and in accordance with law, and to make such
    contracts and commitments without regard to fiscal year limitations as
    provided by section 104 of such Act as may be necessary in carrying out
    the programs set forth in the budget for 2009 for such corporation or
    agency except as hereinafter provided: Provided, That collections of
    these corporations and agencies may be used for new loan or mortgage
    purchase commitments only to the extent expressly provided for in this
    Act (unless such loans are in support of other forms of assistance
    provided for in this or prior appropriations Acts), except that this
    proviso shall not apply to the mortgage insurance or guaranty operations
    of these corporations, or where loans or mortgage purchases are
    necessary to protect the financial interest of the United States
    Government.
        Sec. 208. <<NOTE: Budget estimate.>>  None of the funds provided in
    this title for technical assistance, training, or management
    improvements may be obligated or expended unless the Secretary of
    Housing and Urban Development provides to the Committees on
    Appropriations a description of each proposed activity and a detailed
    budget estimate of the costs associated with each program, project or
    activity as part of the Budget Justifications. <<NOTE: Deadline.>>  For
    fiscal year 2009, the Secretary shall transmit this information to the
    Committees by March 15, 2009 for 30 days of review.

        Sec. 209. <<NOTE: Reports. Deadline. Budget.>>  The Secretary of
    Housing and Urban Development shall provide quarterly reports to the
    House and Senate Committees on Appropriations regarding all uncommitted,
    unobligated, recaptured and excess funds in each program and activity
    within the jurisdiction of the Department and shall submit additional,
    updated budget information to these Committees upon request.

        Sec. 210. <<NOTE: AIDS. New Jersey.>>  (a) Notwithstanding any other
    provision of law, the amount allocated for fiscal year 2009 under
    section 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)),
    to the City

    [[Page 123 STAT. 972]]

    of Wilmington, Delaware, on behalf of the Wilmington, Delaware-Maryland-
    New Jersey Metropolitan Division (hereafter ``metropolitan division''),
    shall be adjusted by the Secretary of Housing and Urban Development by
    allocating to the State of New Jersey the proportion of the metropolitan
    division's amount that is based on the number of cases of AIDS reported
    in the portion of the metropolitan division that is located in New
    Jersey, and adjusting for the proportion of the metropolitan division's
    high incidence bonus if this area in New Jersey also has a higher than
    average per capita incidence of AIDS. The State of New Jersey shall use
    amounts allocated to the State under this subsection to carry out
    eligible activities under section 855 of the AIDS Housing Opportunity
    Act (42 U.S.C. 12904) in the portion of the metropolitan division that
    is located in New Jersey.

        (b) Notwithstanding <<NOTE: North Carolina.>>  any other provision
    of law, the Secretary of Housing and Urban Development shall allocate to
    Wake County, North Carolina, the amounts that otherwise would be
    allocated for fiscal year 2009 under section 854(c) of the AIDS Housing
    Opportunity Act (42 U.S.C. 12903(c)) to the City of Raleigh, North
    Carolina, on behalf of the Raleigh-Cary, North Carolina Metropolitan
    Statistical Area. Any amounts allocated to Wake County shall be used to
    carry out eligible activities under section 855 of such Act (42 U.S.C.
    12904) within such metropolitan statistical area.

        (c) Notwithstanding section 854(c) of the AIDS Housing Opportunity
    Act (42 U.S.C. 12903(c)), the Secretary of Housing and Urban Development
    may adjust the allocation of the amounts that otherwise would be
    allocated for fiscal year 2009 under section 854(c) of such Act, upon
    the written request of an applicant, in conjunction with the State(s),
    for a formula allocation on behalf of a metropolitan statistical area,
    to designate the State or States in which the metropolitan statistical
    area is located as the eligible grantee(s) of the allocation. In the
    case that a metropolitan statistical area involves more than one State,
    such amounts allocated to each State shall be in proportion to the
    number of cases of AIDS reported in the portion of the metropolitan
    statistical area located in that State. Any amounts allocated to a State
    under this section shall be used to carry out eligible activities within
    the portion of the metropolitan statistical area located in that State.
        Sec. 211. <<NOTE: Budget.>>  The President's formal budget request
    for fiscal year 2010, as well as the Department of Housing and Urban
    Development's congressional budget justifications to be submitted to the
    Committees on Appropriations of the House of Representatives and the
    Senate, shall use the identical account and sub-account structure
    provided under this Act.

        Sec. 212. <<NOTE: State listing.>>  A public housing agency or such
    other entity that administers Federal housing assistance for the Housing
    Authority of the county of Los Angeles, California, the States of
    Alaska, Iowa, and Mississippi shall not be required to include a
    resident of public housing or a recipient of assistance provided under
    section 8 of the United States Housing Act of 1937 on the board of
    directors or a similar governing board of such agency or entity as
    required under section (2)(b) of such Act. <<NOTE: Establishment.>>
    Each public housing agency or other entity that administers Federal
    housing assistance under section 8 for the Housing Authority of the
    county of Los Angeles, California and the States of Alaska, Iowa and
    Mississippi that chooses not to include a resident of Public Housing or
    a recipient

    [[Page 123 STAT. 973]]

    of section 8 assistance on the board of directors or a similar governing
    board shall establish an advisory board of not less than six residents
    of public housing or recipients of section 8 assistance to provide
    advice and comment to the public housing agency or other administering
    entity on issues related to public housing and section 8. Such advisory
    board shall meet not less than quarterly.

        Sec. 213. (a) <<NOTE: Transfer authority.>>  Notwithstanding any
    other provision of law, subject to the conditions listed in subsection
    (b), for fiscal years 2008 and 2009, the Secretary of Housing and Urban
    Development may authorize the transfer of some or all project-based
    assistance, debt and statutorily required low-income and very low-income
    use restrictions, associated with one or more multifamily housing
    project to another multifamily housing project or projects.

        (b) The transfer authorized in subsection (a) is subject to the
    following conditions:
                (1) The number of low-income and very low-income units and
            the net dollar amount of Federal assistance provided by the
            transferring project shall remain the same in the receiving
            project or projects.
                (2) The transferring project shall, as determined by the
            Secretary, be either physically obsolete or economically non-
            viable.
                (3) The <<NOTE: Standards.>>  receiving project or projects
            shall meet or exceed applicable physical standards established
            by the Secretary.
                (4) The <<NOTE: Notification. Certification.>>  owner or
            mortgagor of the transferring project shall notify and consult
            with the tenants residing in the transferring project and
            provide a certification of approval by all appropriate local
            governmental officials.
                (5) The tenants of the transferring project who remain
            eligible for assistance to be provided by the receiving project
            or projects shall not be required to vacate their units in the
            transferring project or projects until new units in the
            receiving project are available for occupancy.
                (6) The Secretary determines that this transfer is in the
            best interest of the tenants.
                (7) If either the transferring project or the receiving
            project or projects meets the condition specified in subsection
            (c)(2)(A), any lien on the receiving project resulting from
            additional financing obtained by the owner shall be subordinate
            to any FHA-insured mortgage lien transferred to, or placed on,
            such project by the Secretary.
                (8) If the transferring project meets the requirements of
            subsection (c)(2)(E), the owner or mortgagor of the receiving
            project or projects shall execute and record either a
            continuation of the existing use agreement or a new use
            agreement for the project where, in either case, any use
            restrictions in such agreement are of no lesser duration than
            the existing use restrictions.
                (9) Any financial risk to the FHA General and Special Risk
            Insurance Fund, as determined by the Secretary, would be reduced
            as a result of a transfer completed under this section.
                (10) The Secretary determines that Federal liability with
            regard to this project will not be increased.

        (c) For <<NOTE: Definitions.>>  purposes of this section--
                (1) the terms ``low-income'' and ``very low-income'' shall
            have the meanings provided by the statute and/or regulations

    [[Page 123 STAT. 974]]

            governing the program under which the project is insured or
            assisted;
                (2) the term ``multifamily housing project'' means housing
            that meets one of the following conditions--
                        (A) housing that is subject to a mortgage insured
                    under the National Housing Act;
                        (B) housing that has project-based assistance
                    attached to the structure including projects undergoing
                    mark to market debt restructuring under the Multifamily
                    Assisted Housing Reform and Affordability Housing Act;
                        (C) housing that is assisted under section 202 of
                    the Housing Act of 1959 as amended by section 801 of the
                    Cranston-Gonzales National Affordable Housing Act;
                        (D) housing that is assisted under section 202 of
                    the Housing Act of 1959, as such section existed before
                    the enactment of the Cranston-Gonzales National
                    Affordable Housing Act; or
                        (E) housing or vacant land that is subject to a use
                    agreement;
                (3) the term ``project-based assistance'' means--
                        (A) assistance provided under section 8(b) of the
                    United States Housing Act of 1937;
                        (B) assistance for housing constructed or
                    substantially rehabilitated pursuant to assistance
                    provided under section 8(b)(2) of such Act (as such
                    section existed immediately before October 1, 1983);
                        (C) rent supplement payments under section 101 of
                    the Housing and Urban Development Act of 1965;
                        (D) interest reduction payments under section 236
                    and/or additional assistance payments under section
                    236(f)(2) of the National Housing Act; and
                        (E) assistance payments made under section 202(c)(2)
                    of the Housing Act of 1959;
                (4) the term ``receiving project or projects'' means the
            multifamily housing project or projects to which some or all of
            the project-based assistance, debt, and statutorily required use
            low-income and very low-income restrictions are to be
            transferred;
                (5) the term ``transferring project'' means the multifamily
            housing project which is transferring some or all of the
            project-based assistance, debt and the statutorily required low-
            income and very low-income use restrictions to the receiving
            project or projects; and
                (6) the term ``Secretary'' means the Secretary of Housing
            and Urban Development.

        Sec. 214. The funds made available for Native Alaskans under the
    heading ``Native American Housing Block Grants'' in title III of this
    Act shall be allocated to the same Native Alaskan housing block grant
    recipients that received funds in fiscal year 2005.
        Sec. 215. No funds provided under this title may be used for an
    audit of the Government National Mortgage Association that makes
    applicable requirements under the Federal Credit Reform Act of 1990 (2
    U.S.C. 661 et seq.).
        Sec. 216. (a) No assistance shall be provided under section 8 of the
    United States Housing Act of 1937 (42 U.S.C. 1437f) to any individual
    who--

    [[Page 123 STAT. 975]]

                (1) is enrolled as a student at an institution of higher
            education (as defined under section 102 of the Higher Education
            Act of 1965 (20 U.S.C. 1002));
                (2) is under 24 years of age;
                (3) is not a veteran;
                (4) is unmarried;
                (5) does not have a dependent child;
                (6) is not a person with disabilities, as such term is
            defined in section 3(b)(3)(E) of the United States Housing Act
            of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving
            assistance under such section 8 as of November 30, 2005; and
                (7) is not otherwise individually eligible, or has parents
            who, individually or jointly, are not eligible, to receive
            assistance under section 8 of the United States Housing Act of
            1937 (42 U.S.C. 1437f).

        (b) For purposes of determining the eligibility of a person to
    receive assistance under section 8 of the United States Housing Act of
    1937 (42 U.S.C. 1437f), any financial assistance (in excess of amounts
    received for tuition) that an individual receives under the Higher
    Education Act of 1965 (20 U.S.C. 1001 et seq.), from private sources, or
    an institution of higher education (as defined under the Higher
    Education Act of 1965 (20 U.S.C. 1002)), shall be considered income to
    that individual, except for a person over the age of 23 with dependent
    children.
        Sec. 217. Notwithstanding the limitation in the first sentence of
    section 255(g) of the National Housing Act (12 U.S.C. 1715z-20(g)), the
    Secretary of Housing and Urban Development may, until September 30,
    2009, insure and enter into commitments to insure mortgages under
    section 255 of the National Housing Act (12 U.S.C. 1715z-20).
        Sec. 218. Notwithstanding any other provision of law, in fiscal year
    2009, in managing and disposing of any multifamily property that is
    owned or has a mortgage held by the Secretary of Housing and Urban
    Development, the Secretary shall maintain any rental assistance payments
    under section 8 of the United States Housing Act of 1937 and other
    programs that are attached to any dwelling units in the
    property. <<NOTE: Determination. Contracts.>>  To the extent the
    Secretary determines, in consultation with the tenants and the local
    government, that such a multifamily property owned or held by the
    Secretary is not feasible for continued rental assistance payments under
    such section 8 or other programs, based on consideration of (1) the
    costs of rehabilitating and operating the property and all available
    Federal, State, and local resources, including rent adjustments under
    section 524 of the Multifamily Assisted Housing Reform and Affordability
    Act of 1997 (``MAHRAA'') and (2) environmental conditions that cannot be
    remedied in a cost-effective fashion, the Secretary may, in consultation
    with the tenants of that property, contract for project-based rental
    assistance payments with an owner or owners of other existing housing
    properties, or provide other rental assistance. The Secretary shall also
    take appropriate steps to ensure that project-based contracts remain in
    effect prior to foreclosure, subject to the exercise of contractual
    abatement remedies to assist relocation of tenants for imminent major
    threats to health and safety. After disposition of any multifamily
    property described under this section, the contract and allowable rent
    levels on such properties shall be subject to the requirements under
    section 524 of MAHRAA.

    [[Page 123 STAT. 976]]

        Sec. 219.  During fiscal year 2009, in the provision of rental
    assistance under section 8(o) of the United States Housing Act of 1937
    (42 U.S.C. 1437f(o)) in connection with a program to demonstrate the
    economy and effectiveness of providing such assistance for use in
    assisted living facilities that is carried out in the counties of the
    State of Michigan notwithstanding paragraphs (3) and (18)(B)(iii) of
    such section 8(o), a family residing in an assisted living facility in
    any such county, on behalf of which a public housing agency provides
    assistance pursuant to section 8(o)(18) of such Act, may be required, at
    the time the family initially receives such assistance, to pay rent in
    an amount exceeding 40 percent of the monthly adjusted income of the
    family by such a percentage or amount as the Secretary of Housing and
    Urban Development determines to be appropriate.
        Sec. 220. <<NOTE: Reports. Deadline. Contracts.>>  The Secretary of
    Housing and Urban Development shall report quarterly to the House of
    Representatives and Senate Committees on Appropriations on HUD's use of
    all sole source contracts, including terms of the contracts, cost, and a
    substantive rationale for using a sole source contract.

        Sec. 221.  Notwithstanding any other provision of law, the recipient
    of a grant under section 202b of the Housing Act of 1959 (12 U.S.C.
    1701q-2) after December 26, 2000, in accordance with the unnumbered
    paragraph at the end of section 202(b) of such Act, may, at its option,
    establish a single-asset nonprofit entity to own the project and may
    lend the grant funds to such entity, which may be a private nonprofit
    organization described in section 831 of the American Homeownership and
    Economic Opportunity Act of 2000.
        Sec. 222. (a) The amounts provided under the subheading ``Program
    Account'' under the heading ``Community Development Loan Guarantees''
    may be used to guarantee, or make commitments to guarantee, notes, or
    other obligations issued by any State on behalf of non-entitlement
    communities in the State in accordance with the requirements of section
    108 of the Housing and Community Development Act of 1974: Provided,
    That, any State receiving such a guarantee or commitment shall
    distribute all funds subject to such guarantee to the units of general
    local government in non-entitlement areas that received the commitment.
        (b) Not <<NOTE: Deadline. Regulations.>>  later than 60 days after
    the date of enactment of this Act, the Secretary of Housing and Urban
    Development shall promulgate regulations governing the administration of
    the funds described under subsection (a).

        Sec. 223. Section 24 of the United States Housing Act of 1937 (42
    U.S.C. 1437v) is amended--
                (1) in subsection (m)(1), by striking ``2003'' and inserting
            ``2009''; and
                (2) in subsection (o), by striking ``September 30, 2007''
            and inserting ``September 30, 2009''.

        Sec. 224. (a) Required Submissions for Fiscal Years 2008 and 2009.--
                (1) In general.--Not <<NOTE: Deadline.>>  later than 60 days
            after the date of enactment of this Act, the Secretary of
            Housing and Urban Development shall submit to the relevant
            authorizing committees and to the Committees on Appropriations
            of the Senate and the House of Representatives for fiscal years
            2008 and 2009--

    [[Page 123 STAT. 977]]

                        (A) a complete and accurate accounting of the actual
                    project-based renewal costs for project-based assistance
                    under section 8 of the United States Housing Act of 1937
                    (42 U.S.C. 1437f);
                        (B) revised estimates of the funding needed to fully
                    fund all 12 months of all project-based contracts under
                    such section 8, including project-based contracts that
                    expire in fiscal year 2008 and fiscal year 2009; and
                        (C) all sources of funding that will be used to
                    fully fund all 12 months of the project-based contracts
                    for fiscal years 2008 and 2009.
                (2) Updated information.--At any time after the expiration
            of the 60-day period described in paragraph (1), the Secretary
            may submit corrections or updates to the information required
            under paragraph (1), if upon completion of an audit of the
            project-based assistance program under section 8 of the United
            States Housing Act of 1937 (42 U.S.C. 1437f), such audit reveals
            additional information that may provide Congress a more complete
            understanding of the Secretary's implementation of the project-
            based assistance program under such section 8.

        (b) Required Submissions for Fiscal Year 2010.--As part of the
    Department of Housing and Urban Development's budget request for fiscal
    year 2010, the Secretary of Housing and Urban Development shall submit
    to the relevant authorizing committees and to the Committees on
    Appropriations of the Senate and the House of Representatives complete
    and detailed information, including a project-by-project analysis, that
    verifies that such budget request will fully fund all project-based
    contracts under section 8 of the United States Housing Act of 1937 (42
    U.S.C. 1437f) in fiscal year 2010, including expiring project-based
    contracts.
        Sec. 225. <<NOTE: Exemption.>>  Public housing agencies that own and
    operate 400 or fewer public housing units may elect to be exempt from
    any asset management requirement imposed by the Secretary of Housing and
    Urban Development in connection with the operating fund rule: Provided,
    That an agency seeking a discontinuance of a reduction of subsidy under
    the operating fund formula shall not be exempt from asset management
    requirements.

        Sec. 226.  With <<NOTE: 42 USC 1437g note.>>  respect to the use of
    amounts provided in this Act and in future Acts for the operation,
    capital improvement and management of public housing as authorized by
    sections 9(d) and 9(e) of the United States Housing Act of 1937 (42
    U.S.C. 1437g(d) and (e)), the Secretary shall not impose any requirement
    or guideline relating to asset management that restricts or limits in
    any way the use of capital funds for central office costs pursuant to
    section 9(g)(1) or 9(g)(2) of the United States Housing Act of 1937 (42
    U.S.C. 1437g(g)(1), (2)): Provided, however, that a public housing
    agency may not use capital funds authorized under section 9(d) for
    activities that are eligible under section 9(e) for assistance with
    amounts from the operating fund in excess of the amounts permitted under
    section 9(g)(1) or 9(g)(2).

        Sec. 227.  The <<NOTE: Reports. Deadline.>>  Secretary of Housing
    and Urban Development shall report quarterly to the House of
    Representatives and Senate Committees on Appropriations on the status of
    all section 8 project-based housing, including the number of all
    project-based units by region as well as an analysis of all federally
    subsidized housing being refinanced under the Mark-to-Market program.
    The Secretary

    [[Page 123 STAT. 978]]

    shall in the report identify all existing units maintained by region as
    section 8 project-based units and all project-based units that have
    opted out of section 8 or have otherwise been eliminated as section 8
    project-based units. The Secretary shall identify in detail and by
    project all the efforts made by the Department to preserve all section 8
    project-based housing units and all the reasons for any units which
    opted out or otherwise were lost as section 8 project-based units. Such
    analysis shall include a review of the impact of the loss of any
    subsidized units in that housing marketplace, such as the impact of cost
    and the loss of available subsidized, low-income housing in areas with
    scarce housing resources for low-income families.

        Sec. 228. Section 683(2) of the Housing and Community Development
    Act of 1992 (42 U.S.C. 13641(2)) is amended--
                (1) in subparagraph (F), by striking ``and'';
                (2) in subparagraph (G) by striking the period at the end
            and inserting ``; and''; and
                (3) by adding a new subparagraph (H) as follows:
                        ``(H) housing that is assisted under section 811 of
                    the Cranston-Gonzalez Affording Housing Act (42 U.S.C.
                    8013).''.

        Sec. 229. The Home Investment Partnerships Act (42 U.S.C. 12721 et
    seq.) is amended--
                (1) in section 233(d)(1) <<NOTE: 42 USC 12773.>>  by
            striking ``20'' and inserting ``40'';
                (2) in section 233(e) by striking ``40'' and inserting
            ``25'';
                (3) in section 243(b), <<NOTE: 42 USC 12783.>>  in the
            second sentence, by striking ``20'' and inserting ``40''; and
                (4) in section 271(i) <<NOTE: 42 USC 12821.>>  by striking
            ``Act after December 31, 2007'' and inserting ``section after
            December 31, 2011''.

        Sec. 230. <<NOTE: Allotment holder.>>  No official or employee of
    the Department of Housing and Urban Development shall be designated as
    an allotment holder unless the Office of the Chief Financial Officer has
    determined that such allotment holder has implemented an adequate system
    of funds control and has received training in funds control procedures
    and directives. <<NOTE: Deadline. Designation.>>  The Chief Financial
    Officer shall ensure that, not later than 90 days after the date of
    enactment of this Act, a trained allotment holder shall be designated
    for each HUD subaccount under the headings ``Executive Direction'' and
    ``Administration, Operations, and Management'' as well as each account
    receiving appropriations for ``personnel compensation and benefits''
    within the Department of Housing and Urban Development.

        Sec. 231. Payment of attorney fees in program-related litigation
    must be paid from individual program office personnel benefits and
    compensation funding. The annual budget submission for program office
    personnel benefit and compensation funding must include program-related
    litigation costs for attorney fees as a separate line item request.
        Sec. 232. Of the unobligated balances remaining from funds
    appropriated under the heading ``Tenant-Based Rental Assistance'' under
    the Department of Housing and Urban Development Appropriations Act,
    2008, $750,000,000 are rescinded from the $4,158,000,000 which are
    available on October 1, 2008. Such amount shall be derived from
    reductions to public housing agencies' calendar year 2009 allocations
    based on amounts in public housing agencies' net restricted assets
    accounts (in accordance with VMS data in calendar year 2008 that is
    verifiable and complete), as determined by the Secretary.

    [[Page 123 STAT. 979]]

        Sec. 233.  The <<NOTE: Notification. Federal Register,
    publication. 42 USC 3545a.>>  Secretary of the Department of Housing and
    Urban Development shall for Fiscal Year 2009 and thereafter, notify the
    public through the Federal Register and other means, as determined
    appropriate, of the issuance of a notice of the availability of
    assistance or notice of funding availability (NOFA) for any program or
    discretionary fund administered by the Secretary that is to be
    competitively awarded. <<NOTE: Web posting.>>  Notwithstanding any other
    provision of law, for Fiscal Year 2009 and thereafter, the Secretary may
    make the NOFA available only on the Internet at the appropriate
    government website or websites or through other electronic media, as
    determined by the Secretary.

        Sec. 234. Prepayment and Refinancing. (a) Approval of Prepayment of
    Debt.--Upon request of the project sponsor of a project assisted with a
    loan under section 202 of the Housing Act of 1959 (as in effect before
    the enactment of the Cranston-Gonzalez National Affordable Housing Act),
    for which the Secretary's consent to prepayment is required, the
    Secretary shall approve the prepayment of any indebtedness to the
    Secretary relating to any remaining principal and interest under the
    loan as part of a prepayment plan under which--
                (1) the project sponsor agrees to operate the project until
            the maturity date of the original loan under terms at least as
            advantageous to existing and future tenants as the terms
            required by the original loan agreement or any project-based
            rental assistance payments contract under section 8 of the
            United States Housing Act of 1937 (or any other project-based
            rental housing assistance programs of the Department of Housing
            and Urban Development, including the rent supplement program
            under section 101 of the Housing and Urban Development Act of
            1965 (12 U.S.C. 1701s)) or any successor project-based rental
            assistance program, except as provided by subsection (a)(2)(B);
            and
                (2) the prepayment may involve refinancing of the loan if
            such refinancing results --
                        (A) in a lower interest rate on the principal of the
                    loan for the project and in reductions in debt service
                    related to such loan; or
                        (B) in the case of a project that is assisted with a
                    loan under such section 202 carrying an interest rate of
                    6 percent or lower, a transaction under which
                              (i) the project owner shall address the
                          physical needs of the project;
                              (ii) the <<NOTE: Cost analysis.>>  prepayment
                          plan for the transaction, including the
                          refinancing, shall meet a cost benefit analysis,
                          as established by the Secretary, that the benefit
                          of the transaction outweighs the cost of the
                          transaction including any increases in rent
                          charged to unassisted tenants;
                              (iii) the overall cost for providing rental
                          assistance under section 8 for the project (if
                          any) is not increased, except, upon approval by
                          the Secretary to--
                                        (I) mark-up-to-market contracts
                                    pursuant to section 524(a)(3) of the
                                    Multifamily Assisted Housing Reform and
                                    Affordability Act (42 U.S.C. 1437f
                                    note), as such section is carried out by
                                    the Secretary for properties owned by
                                    nonprofit organizations; or

    [[Page 123 STAT. 980]]

                                        (II) mark-up-to-budget contracts
                                    pursuant to section 524(a)(4) of the
                                    Multifamily Assisted Housing Reform and
                                    Affordability Act (42 U.S.C. 1437f
                                    note), as such section is carried out by
                                    the Secretary for properties owned by
                                    eligible owners ( as such term is
                                    defined in section 202(k) of the Housing
                                    Act of 1959 (12 U.S.C. 1701q(k));
                              (iv) the project owner may charge tenants rent
                          sufficient to meet debt service payments and
                          operating cost requirements, as approved by the
                          Secretary, if project-based rental assistance is
                          not available or is insufficient for the debt
                          service and operating cost of the project after
                          refinancing. Such approval by the Secretary--
                                        (I) shall be the basis for the owner
                                    to agree to terminate the project-based
                                    rental assistance contract that is
                                    insufficient for the debt service and
                                    operating cost of the project after
                                    refinancing; and
                                        (II) shall be an eligibility event
                                    for the project for purposes of section
                                    8(t) of the United States Housing Act of
                                    1937 (42 U.S.C. 1437f(t));
                              (v) units to be occupied by tenants assisted
                          under section 8(t) of the United States Housing
                          Act of 1937 (42 U.S.C. 1437f(t)) shall, upon
                          termination of the occupancy of such tenants,
                          become eligible for project-based assistance under
                          section 8(o)(13) of the United States Housing Act
                          of 1937 (42 U.S.C. 1437f(o)(13)) without regard to
                          the percentage limitations provided in such
                          section; and
                              (vi) there <<NOTE: Contracts.>>  shall be a
                          use agreement of 20 years from the date of the
                          maturity date of the original 202 loan for all
                          units, including units to be occupied by tenants
                          assisted under section 8(t) of the United States
                          Housing Act of 1937 (42 U.S.C. 1437f(t)).

        Sec. 235. Use of Surplus Federal Property for the Homeless. No
    property identified by the Secretary of Housing and Urban Development as
    surplus Federal property for use to assist the homeless shall be made
    available to any homeless group unless the group is a member in good
    standing under any of HUD's homeless assistance programs or is in good
    standing with any other program which receives funds from any other
    Federal or State agency or entity: Provided, That an exception may be
    made for an entity not involved with Federal homeless programs to use
    surplus Federal property for the homeless only after the Secretary or
    another responsible Federal agency has fully and comprehensively
    reviewed all relevant finances of the entity, the track record of the
    entity in assisting the homeless, the ability of the entity to manage
    the property, including all costs, the ability of the entity to
    administer homeless programs in a manner that is effective to meet the
    needs of the homeless population that is expected to use the property
    and any other related issues that demonstrate a commitment to assist the
    homeless: Provided further, That the Secretary shall not require the
    entity to have cash in hand in order to demonstrate financial ability
    but may rely on the entity's prior demonstrated fundraising ability or
    commitments for in-kind

    [[Page 123 STAT. 981]]

    donations of goods and services: Provided further, That the Secretary
    shall make all such information and its decision regarding the award of
    the surplus property available to the committees of jurisdiction,
    including a full justification of the appropriateness of the use of the
    property to assist the homeless as well as the appropriateness of the
    group seeking to obtain the property to use such property to assist the
    homeless: <<NOTE: Applicability.>>  Provided further, That, this section
    shall apply to properties in fiscal year 2008 and 2009 made available as
    surplus Federal property for use to assist the homeless.

        Sec. 236. The Secretary of Housing and Urban Development shall
    increase, pursuant to this section, the number of Moving-to-Work
    agencies authorized under section 204, title II, of the Departments of
    Veterans Affairs and Housing and Urban Development and Independent
    Agencies Appropriations Act, 1996 (Public Law 104-134; 110 Stat. 1321-
    281) by adding to the program three Public Housing Agencies that meet
    the following requirements: is a High Performing Agency under the Public
    Housing Assessment System (PHAS) and is a HOPE VI agency. No PHA shall
    be granted this designation through this section that administers in
    excess of 5,000 aggregate housing vouchers and public housing units. No
    PHA granted this designation through this section shall receive more
    funding than they otherwise would have received absent this designation.
        Sec. 237. Of the unobligated balances remaining from funds
    appropriated to the Department of Housing and Urban Development under
    the fourth paragraph under the heading ``General and Special Risk
    Program Account'' in the Department of Housing and Urban Development
    Appropriations Act, 2008, $5,000,000 are rescinded: Provided, That with
    respect to such discount sales referenced under such paragraph,
    notwithstanding any other provision of law, in determining the market
    value of any multifamily real property or multifamily loan for any
    noncompetitive sale to a State or local government, the Secretary shall
    in fiscal year 2009 consider, but not be limited to, industry standard
    appraisal practices, including the cost of repairs needed to bring the
    property into such condition as to satisfy minimum State and local code
    standards and the cost of maintaining the affordability restrictions
    imposed by the Secretary on the multifamily real property or multifamily
    loan.
        Sec. 238. <<NOTE: Transfer authority. Submission.>>  The Secretary
    of the Department of Housing and Urban Development is authorized to
    transfer up to 5 percent of funds appropriated for any account under
    this title under the heading ``Personnel Compensation and Benefits'' to
    any other account under this title under the heading ``Personnel
    Compensation and Benefits'' only after such transfer has been submitted
    to, and received prior written approval by, the House and Senate
    Committees on Appropriations: Provided, That, no appropriation for any
    such account shall be increased or decreased by more than 10 percent by
    all such transfers.

        Sec. 239. The Disaster Housing Assistance Programs, administered by
    the Department of Housing and Urban Development, shall be considered a
    ``program of the Department of Housing and Urban Development'' under
    section 904 of the McKinney Act for the purpose of income verifications
    and matching.
         This title may be cited as the ``Department of Housing and Urban
    Development Appropriations Act, 2009''.

    [[Page 123 STAT. 982]]

                                    TITLE III

                                RELATED AGENCIES

           Architectural and Transportation Barriers Compliance Board

                              Salaries and Expenses

        For expenses necessary for the Architectural and Transportation
    Barriers Compliance Board, as authorized by section 502 of the
    Rehabilitation Act of 1973, as amended, $6,550,000: Provided, That,
    notwithstanding any other provision of law, there may be credited to
    this appropriation funds received for publications and training
    expenses.

                           Federal Maritime Commission

                              Salaries and Expenses

        For necessary expenses of the Federal Maritime Commission as
    authorized by section 201(d) of the Merchant Marine Act, 1936, as
    amended (46 U.S.C. App. 1111), including services as authorized by 5
    U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 U.S.C.
    1343(b); and uniforms or allowances therefor, as authorized by 5 U.S.C.
    5901-5902, $22,800,000: Provided, That not to exceed $2,000 shall be
    available for official reception and representation expenses.

                      National Transportation Safety Board

                              Salaries and Expenses

        For necessary expenses of the National Transportation Safety Board,
    including hire of passenger motor vehicles and aircraft; services as
    authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
    the per diem rate equivalent to the rate for a GS-15; uniforms, or
    allowances therefor, as authorized by law (5 U.S.C. 5901-5902)
    $91,000,000, of which not to exceed $2,000 may be used for official
    reception and representation expenses. The amounts made available to the
    National Transportation Safety Board in this Act include amounts
    necessary to make lease payments due in fiscal year 2009 only, on an
    obligation incurred in fiscal year 2001 for a capital lease. Of the
    funds provided, up to $100,000 shall be provided through reimbursement
    to the Department of Transportation's Office of Inspector General to
    audit the National Transportation Safety Board's financial statements.

                                  (rescission)

        Of the available unobligated balances made available under this
    heading in Public Law 106-246, $671,275 are rescinded.

                      Neighborhood Reinvestment Corporation

              Payment to the Neighborhood Reinvestment Corporation

        For payment to the Neighborhood Reinvestment Corporation for use in
    neighborhood reinvestment activities, as authorized by

    [[Page 123 STAT. 983]]

    the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101-8107),
    $131,000,000, of which $5,000,000 shall be for a multi-family rental
    housing program: Provided, That of the amounts made available under this
    heading, $6,000,000 shall be made available to conduct a consumer
    mortgage public education campaign: Provided further, That funding
    amounts provided under the previous proviso shall be available for
    campaign development, production, and outreach activities.
        For an <<NOTE: Foreclosures.>>  additional amount, $50,000,000 shall
    be made available until expended to the Neighborhood Reinvestment
    Corporation for mortgage foreclosure mitigation activities, under the
    following terms and conditions:
                (1) The <<NOTE: Grants. Waiver authority.>>  Neighborhood
            Reinvestment Corporation (``NRC''), shall make grants to
            counseling intermediaries approved by the Department of Housing
            and Urban Development (HUD) (with match to be determined by the
            NRC based on affordability and the economic conditions of an
            area; a match also may be waived by the NRC based on the
            aforementioned conditions) to provide mortgage foreclosure
            mitigation assistance primarily to States and areas with high
            rates of defaults and foreclosures primarily in the subprime
            housing market to help eliminate the default and foreclosure of
            mortgages of owner-occupied single-family homes that are at risk
            of such foreclosure. Other than areas with high rates of
            defaults and foreclosures, grants may also be provided to
            approved counseling intermediaries based on a geographic
            analysis of the Nation by the NRC which determines where there
            is a prevalence of subprime mortgages that are risky and likely
            to fail, including any trends for mortgages that are likely to
            default and face foreclosure. A State Housing Finance Agency may
            also be eligible where the State Housing Finance Agency meets
            all the requirements under this
            paragraph. <<NOTE: Requirements.>>  A HUD-approved counseling
            intermediary shall meet certain mortgage foreclosure mitigation
            assistance counseling requirements, as determined by the NRC,
            and shall be approved by HUD or the NRC as meeting these
            requirements.
                (2) Mortgage foreclosure mitigation assistance shall only be
            made available to homeowners of owner-occupied homes with
            mortgages in default or in danger of default. These mortgages
            shall likely be subject to a foreclosure action and homeowners
            will be provided such assistance that shall consist of
            activities that are likely to prevent foreclosures and result in
            the long-term affordability of the mortgage retained pursuant to
            such activity or another positive outcome for the homeowner. No
            funds made available under this paragraph may be provided
            directly to lenders or homeowners to discharge outstanding
            mortgage balances or for any other direct debt reduction
            payments.
                (3) The use of Mortgage Foreclosure Mitigation Assistance by
            approved counseling intermediaries and State Housing Finance
            Agencies shall involve a reasonable analysis of the borrower's
            financial situation, an evaluation of the current value of the
            property that is subject to the mortgage, counseling regarding
            the assumption of the mortgage by another non-Federal party,
            counseling regarding the possible purchase of the mortgage by a
            non-Federal third party, counseling and

    [[Page 123 STAT. 984]]

            advice of all likely restructuring and refinancing strategies or
            the approval of a work-out strategy by all interested parties.
                (4) NRC <<NOTE: Certification.>>  may provide up to 15
            percent of the total funds under this paragraph to its own
            charter members with expertise in foreclosure prevention
            counseling, subject to a certification by the NRC that the
            procedures for selection do not consist of any procedures or
            activities that could be construed as an unacceptable conflict
            of interest or have the appearance of impropriety.
                (5) HUD-approved counseling entities and State Housing
            Finance Agencies receiving funds under this paragraph shall have
            demonstrated experience in successfully working with financial
            institutions as well as borrowers facing default, delinquency
            and foreclosure as well as documented counseling capacity,
            outreach capacity, past successful performance and positive
            outcomes with documented counseling plans (including post
            mortgage foreclosure mitigation counseling), loan workout
            agreements and loan modification agreements. NRC may use other
            criteria to demonstrate capacity in underserved areas.
                (6) Of the total amount made available under this paragraph,
            up to $5,000,000 may be made available to build the mortgage
            foreclosure and default mitigation counseling capacity of
            counseling intermediaries through NRC training courses with HUD-
            approved counseling intermediaries and their partners, except
            that private financial institutions that participate in NRC
            training shall pay market rates for such training.
                (7) Of the total amount made available under this paragraph,
            up to 4 percent may be used for associated administrative
            expenses for the NRC to carry out activities provided under this
            section.
                (8) Mortgage foreclosure mitigation assistance grants may
            include a budget for outreach and advertising, and training, as
            determined by the NRC.
                (9) The <<NOTE: Reports. Deadlines.>>  NRC shall report bi-
            annually to the House and Senate Committees on Appropriations as
            well as the Senate Banking Committee and House Financial
            Services Committee on its efforts to mitigate mortgage default.
            Such reports shall identify successful strategies and methods
            for preserving homeownership and the long-term affordability of
            at-risk mortgages and shall include recommended efforts that
            will or likely can assist in the success of this program as well
            as an analysis of any policy and procedures that failed to
            result in successful mortgage foreclosure mitigation. The report
            shall include an analysis of the details and use of any post
            mitigation counseling of assisted borrowers designed to ensure
            the continued long-term affordability of the mortgages which
            were the subject of the mortgage foreclosure mitigation
            assistance.

                United States Interagency Council on Homelessness

                               Operating Expenses

        For necessary expenses (including payment of salaries, authorized
    travel, hire of passenger motor vehicles, the rental of conference
    rooms, and the employment of experts and consultants under section 3109
    of title 5, United States Code) of the United States Interagency Council
    on Homelessness in carrying out the functions pursuant to title II of
    the McKinney-Vento Homeless Assistance Act, as

    [[Page 123 STAT. 985]]

    amended, $2,333,000: <<NOTE: Salaries and benefits.>>  Provided, That no
    funds may be used to pay the salaries and benefits of any employee of
    the United States Interagency Council on Homelessness that spends more
    than 10 days outside of the United States while not on annual leave.

        Title II of the McKinney-Vento Homeless Assistance Act, as amended,
    is amended in section 209 <<NOTE: 42 USC 11319.>>  by striking ``2008''
    and inserting ``2010''.

                                    TITLE IV

                          GENERAL PROVISIONS--THIS ACT

        Sec. 401. Such sums as may be necessary for fiscal year 2009 pay
    raises for programs funded in this Act shall be absorbed within the
    levels appropriated in this Act or previous appropriations Acts.
        Sec. 402. None of the funds in this Act shall be used for the
    planning or execution of any program to pay the expenses of, or
    otherwise compensate, non-Federal parties intervening in regulatory or
    adjudicatory proceedings funded in this Act.
        Sec. 403. None of the funds appropriated in this Act shall remain
    available for obligation beyond the current fiscal year, nor may any be
    transferred to other appropriations, unless expressly so provided
    herein.
        Sec. 404. <<NOTE: Contracts.>>  The expenditure of any appropriation
    under this Act for any consulting service through procurement contract
    pursuant to section 3109 of title 5, United States Code, shall be
    limited to those contracts where such expenditures are a matter of
    public record and available for public inspection, except where
    otherwise provided under existing law, or under existing Executive order
    issued pursuant to existing law.

        Sec. 405. Except as otherwise provided in this Act, none of the
    funds provided in this Act, provided by previous appropriations Acts to
    the agencies or entities funded in this Act that remain available for
    obligation or expenditure in fiscal year 2009, or provided from any
    accounts in the Treasury derived by the collection of fees and available
    to the agencies funded by this Act, shall be available for obligation or
    expenditure through a reprogramming of funds that: (1) creates a new
    program; (2) eliminates a program, project, or activity; (3) increases
    funds or personnel for any program, project, or activity for which funds
    have been denied or restricted by the Congress; (4) proposes to use
    funds directed for a specific activity by either the House or Senate
    Committees on Appropriations for a different purpose; (5) augments
    existing programs, projects, or activities in excess of $5,000,000 or 10
    percent, whichever is less; (6) reduces existing programs, projects, or
    activities by $5,000,000 or 10 percent, whichever is less; or (7)
    creates, reorganizes, or restructures a branch, division, office,
    bureau, board, commission, agency, administration, or department
    different from the budget justifications submitted to the Committees on
    Appropriations or the table accompanying the explanatory statement
    accompanying this Act, whichever is more detailed, unless prior approval
    is received from the House and Senate Committees on Appropriations:
    Provided, That <<NOTE: Deadline. Reports.>>  not later than 60 days
    after the date of enactment of this Act, each agency funded by this Act
    shall submit a report to the Committees on Appropriations of the Senate
    and of the House of Representatives to establish the baseline for
    application of reprogramming and transfer authorities for the current

    [[Page 123 STAT. 986]]

    fiscal year: Provided further, That the report shall include: (1) a
    table for each appropriation with a separate column to display the
    President's budget request, adjustments made by Congress, adjustments
    due to enacted rescissions, if appropriate, and the fiscal year enacted
    level; (2) a delineation in the table for each appropriation both by
    object class and program, project, and activity as detailed in the
    budget appendix for the respective appropriation; and (3) an
    identification of items of special congressional interest: Provided
    further, That <<NOTE: Fines.>>  the amount appropriated or limited for
    salaries and expenses for an agency shall be reduced by $100,000 per day
    for each day after the required date that the report has not been
    submitted to the Congress.

        Sec. 406.  Except as otherwise specifically provided by law, not to
    exceed 50 percent of unobligated balances remaining available at the end
    of fiscal year 2009 from appropriations made available for salaries and
    expenses for fiscal year 2009 in this Act, shall remain available
    through September 30, 2010, for each such account for the purposes
    authorized: <<NOTE: Expenditure request.>>  Provided, That a request
    shall be submitted to the House and Senate Committees on Appropriations
    for approval prior to the expenditure of such funds: Provided further,
    That these requests shall be made in compliance with reprogramming
    guidelines under section 405 of this Act.

        Sec. 407.  All <<NOTE: Reports. Deadline.>>  Federal agencies and
    departments that are funded under this Act shall issue a report to the
    House and Senate Committees on Appropriations on all sole source
    contracts by no later than July 31, 2009. Such report shall include the
    contractor, the amount of the contract and the rationale for using a
    sole source contract.

        Sec. 408. (a) None of the funds made available in this Act may be
    obligated or expended for any employee training that--
                (1) does not meet identified needs for knowledge, skills,
            and abilities bearing directly upon the performance of official
            duties;
                (2) contains elements likely to induce high levels of
            emotional response or psychological stress in some participants;
                (3) does not require prior employee notification of the
            content and methods to be used in the training and written end
            of course evaluation;
                (4) contains any methods or content associated with
            religious or quasi-religious belief systems or ``new age''
            belief systems as defined in Equal Employment Opportunity
            Commission Notice N-915.022, dated September 2, 1988; or
                (5) is offensive to, or designed to change, participants'
            personal values or lifestyle outside the workplace.

        (b) Nothing in this section shall prohibit, restrict, or otherwise
    preclude an agency from conducting training bearing directly upon the
    performance of official duties.
        Sec. 409. <<NOTE: Eminent domain.>>  No funds in this Act may be
    used to support any Federal, State, or local projects that seek to use
    the power of eminent domain, unless eminent domain is employed only for
    a public use: Provided, That for purposes of this section, public use
    shall not be construed to include economic development that primarily
    benefits private entities: Provided further, That any use of funds for
    mass transit, railroad, airport, seaport or highway projects as well as
    utility projects which benefit or serve the general public (including
    energy-related, communication-related, water-related and wastewater-
    related infrastructure), other structures

    [[Page 123 STAT. 987]]

    designated for use by the general public or which have other common-
    carrier or public-utility functions that serve the general public and
    are subject to regulation and oversight by the government, and projects
    for the removal of an immediate threat to public health and safety or
    brownsfield as defined in the Small Business Liability Relief and
    Brownsfield Revitalization Act (Public Law 107-118) shall be considered
    a public use for purposes of eminent domain.

        Sec. 410. None of the funds made available in this Act may be
    transferred to any department, agency, or instrumentality of the United
    States Government, except pursuant to a transfer made by, or transfer
    authority provided in, this Act or any other appropriations Act.
        Sec. 411. No part of any appropriation contained in this Act shall
    be available to pay the salary for any person filling a position, other
    than a temporary position, formerly held by an employee who has left to
    enter the Armed Forces of the United States and has satisfactorily
    completed his period of active military or naval service, and has within
    90 days after his release from such service or from hospitalization
    continuing after discharge for a period of not more than 1 year, made
    application for restoration to his former position and has been
    certified by the Office of Personnel Management as still qualified to
    perform the duties of his former position and has not been restored
    thereto.
        Sec. 412. No funds appropriated pursuant to this Act may be expended
    by an entity unless the entity agrees that in expending the assistance
    the entity will comply with sections 2 through 4 of the Act of March 3,
    1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy American Act'').
        Sec. 413. No funds appropriated or otherwise made available under
    this Act shall be made available to any person or entity that has been
    convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
        This division may be cited as the ``Transportation, Housing and
    Urban Development, and Related Agencies Appropriations Act, 2009''.

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

                         DEPARTMENT OF HOMELAND SECURITY

                          United States Secret Service

                              SALARIES AND EXPENSES

                          (including transfer of funds)

        For an additional amount for ``Salaries and Expenses'',
    $100,000,000, to remain available until expended, to address additional
    requirements related to the protection mission: Provided, That of this
    amount, not to exceed $12,730,000 may be transferred to ``Acquisition,
    Construction, Improvements, and Related Expenses'' to address the
    deferred maintenance backlog: Provided further, That the amount under
    this heading is designated as an emergency requirement and necessary to
    meet emergency needs pursuant to section 204(a) of S. Con. Res. 21
    (110th Congress) and section

    [[Page 123 STAT. 988]]

    301(b)(2) of S. Con. Res. 70 (110th Congress), the concurrent
    resolutions on the budget for fiscal years 2008 and 2009.

                        GENERAL PROVISIONS--THIS DIVISION

        Sec. 101. Sections 143, 144, and 145 of division A of the
    Consolidated Security, Disaster Assistance, and Continuing
    Appropriations Act, 2009 <<NOTE: 8 USC 1324a note, 1153 note; 42 USC
    4026 note.>>  (Public Law 110-329; 122 Stat. 3580 et seq.) are each
    amended by striking ``the date specified in section 106(3) of this joint
    resolution'' and inserting ``September 30, 2009''.

        Sec. 102. (a) Extension of Commission on the Prevention of Weapons
    of Mass Destruction Proliferation and Terrorism.--Effective
    as <<NOTE: Effective date.>>  of February 1, 2009, section 1858 of the
    Implementing Recommendations of the 9/11 Commission Act of 2007 (Public
    Law 110-53; 121 Stat. 504) is amended--
                (1) in subsection (a), by striking ``60 days after'' and all
            that follows through the end of the subsection and inserting
            ``on March 1, 2010.''; and
                (2) in <<NOTE: Time period.>>  subsection (b), by striking
            ``the 60-day period referred to in subsection (a)'' and
            inserting ``the period beginning on February 2, 2009, and ending
            on February 28, 2010,''.

        (b) Funding.--Of the funds provided under the heading ``Operation
    and Maintenance, Defense-Wide'' in the Department of Defense
    Appropriations Act, 2009 (division C of Public Law 110-329; 122 Stat.
    3606), $1,100,000 shall be made available only for purposes of the
    Commission on the Prevention of Weapons of Mass Destruction
    Proliferation and Terrorism.
        Sec. 103. Notwithstanding any <<NOTE: Pay freeze. 2 USC 31 note.>>
    provision of section 601(a)(2) of the Legislative Reorganization Act of
    1946 (2 U.S.C. 31(2)), the percentage adjustment scheduled to take
    effect under any such provision in calendar year 2010 shall not take
    effect.

        Approved March 11, 2009.

    LEGISLATIVE HISTORY--H.R. 1105:
    ---------------------------------------------------------------------------

    CONGRESSIONAL RECORD, Vol. 155 (2009):
                Feb. 25, considered and passed House.
                Mar. 2-6, 9, 10, considered and passed Senate.
    DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2009):
                Mar. 11, Presidential statement.

                                      <all>