[110th Congress Public Law 329]
[From the U.S. Government Printing Office]
[DOCID: f:publ329.110]
[[Page 3573]]
CONSOLIDATED SECURITY, DISASTER ASSISTANCE, AND CONTINUING
APPROPRIATIONS ACT, 2009
[[Page 122 STAT. 3574]]
Public Law 110-329
110th Congress
An Act
Making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2008, and for other
purposes. <<NOTE: Sept. 30, 2008 - [H.R. 2638]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Consolidated Security,
Disaster Assistance, and Continuing Appropriations Act,
2009.>> assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consolidated Security, Disaster
Assistance, and Continuing Appropriations Act, 2009''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
DIVISION A--CONTINUING APPROPRIATIONS RESOLUTION, 2009
DIVISION B--DISASTER RELIEF AND RECOVERY SUPPLEMENTAL APPROPRIATIONS
ACT, 2008
DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2009
DIVISION D--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2009
DIVISION E--MILITARY CONSTRUCTION AND VETERANS AFFAIRS APPROPRIATIONS
ACT, 2009
SEC. 3. <<NOTE: 1 USC 1 note.>> REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' or ``this joint resolution'' contained in any division of this Act
shall be treated as referring only to the provisions of that division.
SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding this legislation, printed in the
House of Representatives section of the Congressional Record on or about
September 24, 2008 by the Chairman of the Committee on Appropriations of
the House, shall have the same effect with respect to the allocation of
funds and implementation of this Act as if it were a joint explanatory
statement of a committee of conference.
DIVISION A--CONTINUING <<NOTE: Continuing Appropriations Resolution,
2009.>> APPROPRIATIONS RESOLUTION, 2009
The following sums are hereby appropriated, out of any money in the
Treasury not otherwise appropriated, and out of applicable corporate or
other revenues, receipts, and funds, for the several departments,
agencies, corporations, and other organizational units of Government for
fiscal year 2009, and for other purposes, namely:
Sec. 101. Such amounts as may be necessary, at a rate for operations
as provided in the applicable appropriations Acts for
[[Page 122 STAT. 3575]]
fiscal year 2008 and under the authority and conditions provided in such
Acts, for continuing projects or activities (including the costs of
direct loans and loan guarantees) that are not otherwise specifically
provided for in this joint resolution, that were conducted in fiscal
year 2008, and for which appropriations, funds, or other authority were
made available in the following appropriations Acts: divisions A, B, C,
D, F, G, H, J, and K of the Consolidated Appropriations Act, 2008
(Public Law 110-161).
Sec. 102. Rates for operations shall be calculated under section 101
without regard to any amount designated in the applicable appropriations
Acts for fiscal year 2008 as an emergency requirement or necessary to
meet emergency needs pursuant to any concurrent resolution on the
budget, other than the following amounts:
(1) $150,000,000 provided in Public Law 110-252 for
``Department of Health and Human Services--Food and Drug
Administration--Salaries and Expenses''.
(2) $143,539,000 provided in division B of Public Law 110-
161 for ``Department of Justice--Federal Bureau of
Investigation--Salaries and Expenses''.
(3) $110,000,000 provided in Public Law 110-252 for
``Department of Labor--Employment and Training Administration--
State Unemployment Insurance and Employment Service
Operations'', without regard to the dates specified under such
heading.
(4) $272,000,000 of the $575,000,000 provided in division J
of Public Law 110-161 for ``Department of State--Administration
of Foreign Affairs--Diplomatic and Consular Programs'' in the
first paragraph under such heading, and $206,632,000 provided in
the last paragraph under such heading.
(5) $76,700,000 provided in subchapter A of chapter 4 of
title I of Public Law 110-252 for ``Department of State--
Administration of Foreign Affairs--Embassy Security,
Construction, and Maintenance''.
Sec. 103. Appropriations made by section 101 shall be available to
the extent and in the manner that would be provided by the pertinent
appropriations Act.
Sec. 104. No appropriation or funds made available or authority
granted pursuant to section 101 shall be used to initiate or resume any
project or activity for which appropriations, funds, or other authority
were not available during fiscal year 2008.
Sec. 105. Appropriations made and authority granted pursuant to this
joint resolution shall cover all obligations or expenditures incurred
for any project or activity during the period for which funds or
authority for such project or activity are available under this joint
resolution.
Sec. 106. <<NOTE: Expiration date.>> Unless otherwise provided for
in this joint resolution or in the applicable appropriations Act for
fiscal year 2009, appropriations and funds made available and authority
granted pursuant to this joint resolution shall be available until
whichever of the following first occurs: (1) the enactment into law of
an appropriation for any project or activity provided for in this joint
resolution; (2) the enactment into law of the applicable appropriations
Act for fiscal year 2009 without any provision for such project or
activity; or (3) March 6, 2009.
[[Page 122 STAT. 3576]]
Sec. 107. Expenditures made pursuant to this joint resolution shall
be charged to the applicable appropriation, fund, or authorization
whenever a bill in which such applicable appropriation, fund, or
authorization is contained is enacted into law.
Sec. 108. Appropriations made and funds made available by or
authority granted pursuant to this joint resolution may be used without
regard to the time limitations for submission and approval of
apportionments set forth in section 1513 of title 31, United States
Code, but nothing in this joint resolution may be construed to waive any
other provision of law governing the apportionment of funds.
Sec. 109. Notwithstanding any other provision of this joint
resolution, except section 106, for those programs that would otherwise
have high initial rates of operation or complete distribution of
appropriations at the beginning of fiscal year 2009 because of
distributions of funding to States, foreign countries, grantees, or
others, such high initial rates of operation or complete distribution
shall not be made, and no grants shall be awarded for such programs
funded by this joint resolution that would impinge on final funding
prerogatives.
Sec. 110. This joint resolution shall be implemented so that only
the most limited funding action of that permitted in the joint
resolution shall be taken in order to provide for continuation of
projects and activities.
Sec. 111. (a) For entitlements and other mandatory payments whose
budget authority was provided in appropriations Acts for fiscal year
2008, and for activities under the Food and Nutrition Act of 2008,
activities shall be continued at the rate to maintain program levels
under current law, under the authority and conditions provided in the
applicable appropriations Act for fiscal year 2008, to be continued
through the date specified in section 106(3).
(b) <<NOTE: Deadline.>> Notwithstanding section 106, obligations for
mandatory payments due on or about the first day of any month that
begins after October 2008 but not later than 30 days after the date
specified in section 106(3) may continue to be made, and funds shall be
available for such payments.
Sec. 112. Amounts made available under section 101 for civilian
personnel compensation and benefits in each department and agency may be
apportioned up to the rate for operations necessary to avoid furloughs
within such department or agency, consistent with the applicable
appropriations Act for fiscal year 2008, except that such authority
provided under this section shall not be used until after the department
or agency has taken all necessary actions to reduce or defer non-
personnel-related administrative expenses.
Sec. 113. Funds appropriated by this joint resolution may be
obligated and expended notwithstanding section 10 of Public Law 91-672
(22 U.S.C. 2412), section 15 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and
section 504(a)(1) of the National Security Act of 1947 (50 U.S.C.
414(a)(1)).
Sec. 114. Notwithstanding section 101, amounts are provided for
``Department of Agriculture--Food and Nutrition Service--Special
Supplemental Nutrition Program for Women, Infants, and Children (WIC)''
at a rate for operations of $6,658,000,000.
[[Page 122 STAT. 3577]]
Sec. 115. Notwithstanding section 101, amounts are provided for
``Department of Agriculture--Rural Housing Service--Rental Assistance
Program'' at a rate for operations of $997,000,000.
Sec. 116. Section 14222(b)(1) of the Food, Conservation, and Energy
Act of 2008 (Public Law 110-246) shall not apply through the date
specified in section 106(3) of this joint resolution.
Sec. 117. Notwithstanding section 101, amounts are provided for
``Department of Agriculture--Rural Housing Service--Rural Housing
Insurance Fund Program Account'', for the cost of unsubsidized
guaranteed loans for section 502 borrowers, at the rate necessary to
maintain the same principal amount of loan guarantee commitments as made
in fiscal year 2008.
Sec. 118. With respect to amounts provided by section 101 for the
Department of Agriculture, sections 101 and 104 may not be construed to
prohibit the use of such amounts for necessary administrative expenses
for programs for which direct spending authority (as defined in section
250(c)(8)(A) of the Balanced Budget and Emergency Deficit Control Act of
1985 (2 U.S.C. 900(c)(8)(A))) is provided by the Food, Conservation, and
Energy Act of 2008 (Public Law 110-246).
Sec. 119. Notwithstanding section 101, amounts are provided for
``Department of Agriculture-Food and Nutrition Service--Commodity
Assistance Program'' at a rate for operations of $233,791,000, of which
$163,218,000 shall be for carrying out the Commodity Supplemental Food
Program.
Sec. 120. Notwithstanding section 101, amounts are provided for
``Department of Commerce--Bureau of the Census--Periodic Censuses and
Programs'' at a rate for operations of $2,906,262,000. From such
amounts, funds may be used for additional promotion, outreach, and
marketing activities.
Sec. 121. <<NOTE: Digital converter.>> Notwithstanding the
limitations on administrative expenses in subsections (c)(2) and
(c)(3)(A) of section 3005 of the Digital Television Transition and
Public Safety Act of 2005 (Public Law 109-171; 120 Stat. 21), the
Assistant Secretary (as such term is defined in section 3001(b) of such
Act) may expend funds made available under sections 3006, 3008, and 3009
of such Act for additional administrative expenses of the digital-to-
analog converter box program established by such section 3005 at a rate
not to exceed $180,000,000 through the date specified in section 106(3)
of this joint resolution.
Sec. 122. Notwithstanding section 101, amounts are provided for
``Department of Justice--Federal Prison System--Salaries and Expenses''
at a rate for operations of $5,396,615,000.
Sec. 123. Notwithstanding section 101, amounts are provided for
``Department of Justice--General Administration--Detention Trustee'' at
a rate for operations of $1,245,920,000.
Sec. 124. Amounts provided by section 101 for the National
Aeronautics and Space Administration may be obligated in the account and
budget structure set forth in S. 3182 (110th Congress), the Commerce,
Justice, Science, and Related Agencies Appropriations Act, 2009, as
reported by the Committee on Appropriations of the Senate.
Sec. 125. Section 7(1)(B) of Public Law 106-178 (50 U.S.C. 1701
note) is amended by striking ``January 1, 2012'' and inserting ``July 1,
2016''.
Sec. 126. In addition to amounts otherwise provided by section 101,
an additional amount is provided for ``Department of Justice--
[[Page 122 STAT. 3578]]
Legal Activities--Salaries and Expenses, General Legal Activities'' to
reimburse the Office of Personnel Management for salaries and expenses
associated with the Federal observer program under section 8 of the
Voting Rights Act of 1965 (42 U.S.C. 1973f), at a rate for operations of
$3,390,000, of which $1,090,000 shall be derived by transfer from
amounts provided by section 101 for ``Office of Personnel Management--
Salaries and Expenses''.
Sec. 127. <<NOTE: Applicability.>> Section 14704 of title 40, United
States Code, shall be applied by substituting the date specified in
section 106(3) of this joint resolution for ``October 1, 2007''.
Sec. 128. Amounts provided by section 101 for ``Department of the
Army--Corps of Engineers-Civil--Construction'' for inland waterway major
rehabilitation projects shall not be derived from the Inland Waterways
Trust Fund.
Sec. 129. <<NOTE: Loans.>> (a) Notwithstanding any other provision
of this joint resolution, there is appropriated $7,510,000,000 for
fiscal year 2009 for ``Department of Energy--Energy Programs--Advanced
Technology Vehicles Manufacturing Loan Program Account'' for the cost of
direct loans as authorized by section 136(d) of the Energy Independence
and Security Act of 2007 (Public Law 110-140; 42 U.S.C. 17013(d)), to
remain available until expended. Of such amount, $10,000,000 shall be
used for administrative expenses in carrying out the direct loan
program. Commitments for direct loans using such amount shall not exceed
$25,000,000,000 in total loan principal. The cost of such direct loans,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974.
(b) The amount provided by this section is designated as an
emergency requirement and necessary to meet emergency needs pursuant to
section 204(a) of S. Con. Res. 21 (110th Congress) and section 301(b)(2)
of S. Con. Res. 70 (110th Congress), the concurrent resolutions on the
budget for fiscal years 2008 and 2009.
(c) Section 136 of the Energy Independence and Security Act of 2007
(Public Law 110-140; 42 U.S.C. 17013) is amended as follows:
(1) In subsection (d)(1), by adding at the end the
following: ``The loans shall be made through the Federal
Financing Bank, with the full faith and credit of the United
States Government on the principal and interest. The full credit
subsidy shall be paid by the Secretary using appropriated
funds.''.
(2) <<NOTE: Deadline. Regulations.>> In subsection (e), by
striking ``The Secretary shall issue regulations that require
that,'' and inserting the following: ``Not later than 60 days
after the enactment of the Continuing Appropriations Resolution,
2009, the Secretary shall promulgate an interim final rule
establishing regulations that the Secretary deems necessary to
administer this section and any loans made by the Secretary
pursuant to this section. Such interim final rule shall require
that,''.
(3) By adding at the end the following new subsection:
``(j) Appointment and Pay of Personnel.--(1) The Secretary may use
direct hiring authority pursuant to section 3304(a)(3) of title 5,
United States Code, to appoint such professional and administrative
personnel as the Secretary deems necessary to the discharge of the
Secretary's functions under this section.
[[Page 122 STAT. 3579]]
``(2) The rate of pay for a person appointed pursuant to paragraph
(1) shall not exceed the maximum rate payable for GS-15 of the General
Schedule under chapter 53 such title 5.
``(3) The Secretary may retain such consultants as the Secretary
deems necessary to the discharge of the functions required by this
section, pursuant to section 31 of the Office of Federal Procurement
Policy Act (41 U.S.C. 427).''.
Sec. 130. (a) In addition to the amounts otherwise provided by
section 101 for ``Department of Energy--Energy Programs--Energy
Efficiency and Renewable Energy'' for weatherization assistance under
part A of title IV of the Energy Conservation and Production Act (42
U.S.C. 6861 et seq.), there is appropriated $250,000,000 for an
additional amount for fiscal year 2009, to remain available until
expended.
(b) The amount provided by this section is designated as an
emergency requirement and necessary to meet emergency needs pursuant to
section 204(a) of S. Con. Res. 21 (110th Congress) and section 301(b)(2)
of S. Con. Res. 70 (110th Congress), the concurrent resolutions on the
budget for fiscal years 2008 and 2009.
Sec. 131. In addition to the amounts otherwise provided by section
101, an additional amount is provided for ``Department of the Treasury--
Internal Revenue Service--Taxpayer Services'' to meet the requirements
of the Economic Stimulus Act of 2008 (Public Law 110-185), at a rate for
operations of $67,900,000.
Sec. 132. In addition to the amounts otherwise provided by section
101, an additional amount is provided for ``Executive Office of the
President--Office of Administration--Salaries and Expenses'' for e-mail
restoration activities, at a rate for operations of $5,700,000.
Sec. 133. Notwithstanding section 101, amounts are provided for
``Executive Office of the President--Office of Administration--
Presidential Transition Administrative Support'' to carry out the
Presidential Transition Act of 1963 (3 U.S.C. 102 note) at a rate for
operations of $8,000,000. Such funds may be transferred to other
accounts that provide funding for offices within the Executive Office of
the President and the Office of the Vice President in this joint
resolution or any other Act, to carry out such purposes.
Sec. 134. Notwithstanding any other provision of this joint
resolution, except section 106, the District of Columbia may expend
local funds for programs and activities under the heading ``District of
Columbia Funds'' for such programs and activities under title IV of S.
3260 (110th Congress), as reported by the Committee on Appropriations of
the Senate, at the rate set forth under ``District of Columbia Funds''
as included in the Fiscal Year 2009 Proposed Budget and Financial Plan
submitted to the Congress by the District of Columbia on June 9, 2008.
Sec. 135. Notwithstanding section 101, amounts are provided for
``Federal Payment for Emergency Planning and Security Costs in the
District of Columbia'' for a direct Federal payment to the District of
Columbia, at a rate for operations of $15,000,000.
Sec. 136. <<NOTE: Digital television.>> In addition to the amounts
otherwise provided by section 101, an additional amount is provided for
``Federal Communications Commission--Salaries and Expenses'' for
consumer education associated with the transition to digital television
occurring on February 17, 2009, at a rate for operations of $20,000,000.
[[Page 122 STAT. 3580]]
Sec. 137. Notwithstanding section 101, amounts are provided for
``General Services Administration--Expenses, Presidential Transition''
to carry out the Presidential Transition Act of 1963 (3 U.S.C. 102 note)
at a rate for operations of $8,520,000, of which not to exceed
$1,000,000 is for activities authorized by paragraphs (8) and (9) of
section 3(a) of such Act.
Sec. 138. Notwithstanding section 101, amounts are provided for
``General Services Administration--Allowances and Office Staff for
Former Presidents'' to carry out the provisions of the Act of August 25,
1958 (3 U.S.C. 102 note) at a rate for operations of $2,682,000.
Sec. 139. Notwithstanding section 101, the limitation on gross
obligations applicable under the heading ``National Credit Union
Administration--Central Liquidity Facility'' in division D of Public Law
110-161 shall be the amount authorized by section 307(a)(4)(A) of the
Federal Credit Union Act (12 U.S.C. 1795f(a)(4)(A)).
Sec. 140. Notwithstanding section 101, amounts are provided to carry
out section 504(d) of title 39, United States Code, as amended by
section 603(a) of the Postal Accountability and Enhancement Act (Public
Law 109-435), at a rate for operations of $14,043,000, to be derived by
transfer from the Postal Service Fund.
Sec. 141. Notwithstanding section 101, amounts are provided to carry
out section 8G(f)(6) of the Inspector General Act of 1978 (5 U.S.C.
App.), as added by section 603(b)(3) of the Postal Accountability and
Enhancement Act (Public Law 109-435), at a rate for operations of
$233,440,000, to be derived by transfer from the Postal Service Fund.
Sec. 142. <<NOTE: Pay raise. Applicability. 5 USC 5303 note.>> (a)
The adjustment in rates of basic pay for employees under the statutory
pay systems that takes effect in fiscal year 2009 under sections 5303
and 5304 of title 5, United States Code, shall be an increase of 3.9
percent, and this adjustment shall apply to civilian employees in the
Department of Homeland Security. <<NOTE: Effective date.>> Such
adjustment shall be effective as of the first day of the first
applicable pay period beginning on or after January 1, 2009.
(b) The adjustment in rates of basic pay for the statutory pay
systems that take place in fiscal year 2009 under sections 5344 and 5348
of title 5, United States Code, shall be no less than the percentage in
subsection (a) as employees in the same location whose rates of basic
pay are adjusted pursuant to the statutory pay systems under section
5303 and 5304 of such title 5. Prevailing rate employees at locations
where there are no employees whose pay is increased pursuant to sections
5303 and 5304 of such title 5 and prevailing rate employees described in
section 5343(a)(5) of such title 5 shall be considered to be located in
the pay locality designated as ``Rest of US'' pursuant to section 5304
of such title 5 for purposes of this subsection.
(c) Funds used to carry out this section shall be paid from
appropriations which are made to each applicable department or agency
for salaries and expenses for fiscal year 2009.
(d) <<NOTE: Applicability.>> The provisions of this section shall
apply notwithstanding any other provision of this joint resolution.
Sec. 143. <<NOTE: Applicability.>> Section 401(b) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1324a note) shall be applied by substituting the date specified in
section 106(3) of this joint resolution for ``the 11-year period
beginning on the first day the pilot program is in effect''.
[[Page 122 STAT. 3581]]
Sec. 144. <<NOTE: Extension date.>> The requirement set forth in
section 610(b) of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153
note) shall continue through the date specified in section 106(3) of
this joint resolution.
Sec. 145. <<NOTE: Applicability.>> Sections 1309(a) and 1319 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026) shall
each be applied by substituting the date specified in section 106(3) of
this joint resolution for ``September 30, 2008''.
Sec. 146. <<NOTE: Applicability.>> Section 717(a) of the Defense
Production Act of 1950 (50 U.S.C. App. 2166(a)) shall be applied by
substituting the date specified in section 106(3) of this joint
resolution for ``September 30, 2008''.
Sec. 147. <<NOTE: Extension date.>> The authority provided by
section 330 of Public Law 106-291 (43 U.S.C. 1701 note), as amended by
section 428 of Public Law 109-54, shall continue in effect through the
date specified in section 106(3) of this joint resolution.
Sec. 148. <<NOTE: Applicability.>> Section 337(a) of division E of
Public Law 108-447, as amended by section 420 of division F of Public
Law 110-161, shall be applied by substituting the date specified in
section 106(3) of this joint resolution for ``September 30, 2008''.
Sec. 149. <<NOTE: Applicability.>> Section 503(f) of Public Law 109-
54 (16 U.S.C. 580d note) shall be applied by substituting the date
specified in section 106(3) of this joint resolution for ``September 30,
2008''.
Sec. 150. The authority provided by section 325 of Public Law 108-
108 (117 Stat. 1307) shall continue in effect through the date specified
in section 106(3) of this joint resolution.
Sec. 151. In addition to the amounts otherwise provided by section
101, an additional amount is provided for ``Department of the Interior--
National Park Service--Operation of the National Park System'' for
security and visitor safety activities related to the Presidential
Inaugural Ceremonies, at a rate for operations of $2,000,000.
Sec. 152. (a) Sections 104, 105, and 433 of division F of Public Law
110-161 shall not apply to amounts provided by this joint resolution.
(b) Nothing in this section amends or shall be construed as amending
the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.),
including the public comment periods mandated by section 18 of that Act
(43 U.S.C. 1344), the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), or any other law or regulation.
Sec. 153. Amounts provided by section 101 for implementation of the
Modified Water Deliveries to Everglades National Park shall be made
available to the Army Corps of Engineers, which shall immediately carry
out Alternative 3.2.2.a to U.S. Highway 41 (the Tamiami Trail) as
substantially described in the Limited Reevaluation Report with
Integrated Environmental Assessment and addendum, approved August 2008,
which, for purposes of this section, is determined to meet the
requirements of section 404 of the Federal Water Pollution Control Act
(33 U.S.C. 1344), including subsection (r), in order to achieve the
goals set forth in section 104 of the Everglades National Park
Protection and Expansion Act of 1989 (16 U.S.C. 410r-8).
Sec. 154. Activities authorized by chapters 2, 3, and 5 of title II
of the Trade Act of 1974 (19 U.S.C. 2271 et seq.), including section 246
of such Act, shall continue through the date specified in section 106(3)
of this joint resolution.
[[Page 122 STAT. 3582]]
Sec. 155. (a) In lieu of the amount otherwise provided by section
101 for ``Department of Health and Human Services--Administration for
Children and Families--Low-Income Home Energy Assistance'', there is
appropriated for such account for making payments under the Low-Income
Home Energy Assistance Act of 1981, $5,100,000,000, which shall remain
available through September 30, 2009. Of such amount, $4,509,672,000 is
for payments under subsections (b) and (d) of section 2602 of such Act
and $590,328,000 is for payments under subsection (e) of such section.
All but $839,792,000 of the amount provided by this section for such
subsections (b) and (d) shall be allocated as though the total
appropriation for such payments for fiscal year 2009 was less than
$1,975,000,000.
(b) Notwithstanding section 2605(b)(2)(B)(ii) of such Act, a State
may use any amount of an allotment from prior appropriations Acts that
is available to that State for providing assistance in fiscal year 2009,
and any allotment from funds appropriated in this section or in any
other appropriations Act for fiscal year 2009, to provide assistance to
households whose income does not exceed 75 percent of the State median
income.
(c) The <<NOTE: Deadline.>> amount provided by this section shall be
obligated to States within 30 calender days from the date of enactment
of this joint resolution.
(d) Of the amount provided by this section, $2,779,672,000 is
designated as an emergency requirement and necessary to meet emergency
needs pursuant to section 204(a) of S. Con. Res. 21 (110th Congress) and
section 301(b)(2) of S. Con. Res. 70 (110th Congress), the concurrent
resolutions on the budget for fiscal years 2008 and 2009.
(e) <<NOTE: Applicability.>> The provisions of this section shall
apply notwithstanding any other provision of this joint resolution.
Sec. 156. Notwithstanding section 101, amounts are provided for
``Corporation for National and Community Service--Operating Expenses''
to carry out subtitle E of the National and Community Service Act of
1990 at a rate for operations of $23,782,000.
Sec. 157. (a) Amounts provided by section 101 for ``Department of
Health and Human Services--Office of the Secretary--General Departmental
Management'' are also available for the purpose of funding the National
Commission on Children and Disasters authorized under title VI of
division G of Public Law 110-161 (the ``title VI Commission'').
(b) <<NOTE: Effective date.>> Effective on and after the date of
enactment of this joint resolution (1) the National Commission on
Children and Disasters established by the Secretary of Health and Human
Services under section 1114 of the Social Security Act (the ``section
1114 Commission''), together with its members, personnel, and other
resources and obligations, shall be considered to be the title VI
Commission and shall no longer be subject to the provisions of such
section 1114; and (2) for purposes of any contract entered into by any
component of the Department of Health and Human Services in fiscal year
2008 for support of the section 1114 Commission, any reference to the
section 1114 Commission shall be deemed to refer to the title VI
Commission.
Sec. 158. (a) Notwithstanding section 101, amounts are provided for
``Department of Education-Student Financial Assistance'' at a rate for
operations of $18,627,136,000, of which $16,761,000,000
[[Page 122 STAT. 3583]]
shall be for carrying out subpart 1 of part A of title IV of the Higher
Education Act of 1965.
(b) Subparagraph (E) of section 401(b)(8) of the Higher Education
Act of 1965 shall not apply to any funds made available under
subparagraph (A) of such section through the date specified in section
106(3) of this joint resolution.
Sec. 159. <<NOTE: Stephanie Tubbs Jones.>> Notwithstanding any other
provision of this joint resolution, there is appropriated for payment to
the heirs-at-law of Stephanie Tubbs Jones, late a Representative from
the State of Ohio, $169,300.
Sec. 160. (a) Notwithstanding any other provision of this joint
resolution, there is appropriated for ``Department of Veterans Affairs--
Veterans Benefits Administration--Filipino Veterans Equity Compensation
Fund'' for payments to eligible persons who served in the Philippines
during World War II as authorized, $198,000,000, to remain available
until expended.
(b) The amount provided by this section is designated as an
emergency requirement and necessary to meet emergency needs pursuant to
section 204(a) of S. Con. Res. 21 (110th Congress) and section 301(b)(2)
of S. Con. Res. 70 (110th Congress), the concurrent resolutions on the
budget for fiscal years 2008 and 2009.
Sec. 161. The authority provided by section 1603(a) of Public Law
109-234 shall continue in effect through the date specified in section
106(3) of this joint resolution.
Sec. 162. Notwithstanding section 235(a)(2) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2195(a)(2)), the authority of
subsections (a) through (c) of section 234 of such Act shall remain in
effect through the date specified in section 106(3) of this joint
resolution.
Sec. 163. <<NOTE: Liberia.>> Notwithstanding any other provision of
this joint resolution, up to $5,000,000 of the amounts appropriated
under the heading ``Other Bilateral Economic Assistance--Department of
the Treasury--Debt Restructuring'' in Public Law 109-102, in such Act as
made applicable to fiscal year 2007 by the Continuing Appropriations
Resolution, 2007 (as amended by Public Law 110-5), and in title III of
division J of Public Law 110-161, may be used to assist Liberia in
buying back its commercial debt through the Debt Reduction Facility of
the International Development Association.
Sec. 164. The first proviso under the heading ``Department of
State--Migration and Refugee Assistance'' in title III of division J of
Public Law 110-161 shall not apply to amounts provided by this joint
resolution.
Sec. 165. <<NOTE: Applicability. Israel.>> Notwithstanding section
101 of this joint resolution, the number in the third proviso under the
heading ``Military Assistance--Funds Appropriated to the President--
Foreign Military Financing Program'' in title IV of division J of Public
Law 110-161 shall be deemed to be $670,650,000 and shall apply to the
$2,550,000,000 made available for assistance for Israel in fiscal year
2009 under the heading ``Foreign Military Financing Program''.
Sec. 166. Notwithstanding section 101, amounts are provided for
``Department of Transportation--Federal Aviation Administration--
Operations'' at a rate for operations of $8,756,800,000, of which not
less than $1,099,402,000 shall be available for aviation safety
activities.
[[Page 122 STAT. 3584]]
Sec. 167. Amounts provided by section 101 for ``Department of
Transportation--Maritime Administration--Operations and Training'' shall
include amounts necessary to satisfy the salaries and benefits of
employees of the United States Merchant Marine Academy, to be derived
solely from the total amount made available in this joint resolution for
the United States Merchant Marine Academy. The Secretary of
Transportation shall inform the Committees on Appropriations of the
House of Representatives and the Senate of salaries and expenses funding
obligated for personnel that had heretofore not been compensated from
funds made available under this account.
Sec. 168. <<NOTE: Contracts.>> Notwithstanding any other provision
of this joint resolution, other than section 106, the Secretary of
Housing and Urban Development shall obligate funds provided by section
101 at a rate the Secretary determines is necessary to renew, in a
timely manner, all section 8 project-based rental assistance contracts.
In renewing such contracts, the Secretary may provide for payments to be
made beyond the period covered by this joint resolution.
Sec. 169. Section 24(o) of the United States Housing Act of 1937 (42
U.S.C. 1437v(o)) shall be applied by substituting the date specified in
section 106(3) of this joint resolution for ``September 30, 2008''.
Sec. 170. <<NOTE: Mortgages.>> Notwithstanding the limitation in the
first sentence of section 255(g) of the National Housing Act (12 U.S.C.
1715z-20(g)), the Secretary of Housing and Urban Development may, until
the date specified in section 106(3) of this joint resolution, insure
and enter into commitments to insure mortgages under section 255 of such
Act.
Sec. 171. During the period covered by this joint resolution,
commitments to guarantee loans insured under the Mutual Mortgage
Insurance Fund, as authorized by the National Housing Act (12 U.S.C.
1701 et seq.), shall not exceed a loan principal of $1,154,000,000
multiplied by the number of days in such period.
Sec. 172. Notwithstanding any other provision of this joint
resolution, from funds made available for personnel compensation and
benefits or salaries and expenses under any account in title II of
division K of Public Law 110-161 (except for ``Office of Inspector
General'' and ``Office of Federal Housing Enterprise Oversight--Salaries
and Expenses''), up to $15,000,000 may be transferred to ``Working
Capital Fund'' for information technology needs for the Federal Housing
Administration.
Sec. 173. Amounts provided by section 101 for ``National
Transportation Safety Board--Salaries and Expenses'' shall include
amounts necessary to make lease payments due in fiscal year 2009 only,
on an obligation incurred in 2001 under a capital lease.
Sec. 174. The provisions of title II of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11311 et seq.) shall continue in effect,
notwithstanding section 209 of such Act, through the earlier of (1) the
date specified in section 106(3) of this joint resolution; or (2) the
date of enactment of an authorization Act relating to the McKinney-Vento
Homeless Assistance Act.
This division may be cited as the ``Continuing Appropriations
Resolution, 2009''.
[[Page 122 STAT. 3585]]
DIVISION B--DISASTER <<NOTE: Disaster Relief and Recovery Supplemental
Appropriations Act, 2008.>> RELIEF AND RECOVERY SUPPLEMENTAL
APPROPRIATIONS ACT, 2008
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2008, and for other purposes, namely:
TITLE I--RELIEF AND RECOVERY FROM NATURAL DISASTERS
CHAPTER 1--AGRICULTURE AND RURAL DEVELOPMENT
DEPARTMENT OF AGRICULTURE
Office of Inspector General
For an additional amount for ``Office of Inspector General'',
$5,000,000, to remain available until expended, for oversight of
disaster- and emergency-related funding provided by this chapter.
Agricultural Research Service
buildings and facilities
For an additional amount for ``Buildings and Facilities'',
$5,000,000, to remain available until expended, for the repair and
reconstruction of buildings damaged by natural disasters occurring
during 2008.
Animal and Plant Health Inspection Service
salaries and expenses
For an additional amount for ``Salaries and Expenses'', $5,000,000,
to remain available through September 30, 2010, for pathogen
surveillance and eradication to address confirmed or suspected
outbreaks.
Natural Resources Conservation Service
emergency watershed protection program
For an additional amount for the ``Emergency Watershed Protection
Program'', $100,000,000, to remain available until expended, for
disaster recovery operations.
Farm Service Agency
emergency conservation program
For an additional amount for ``Emergency Conservation Program'',
$115,000,000, to remain available until expended.
[[Page 122 STAT. 3586]]
Rural Development Programs
rural development disaster assistance fund
For grants, and for the cost of direct and guaranteed loans, for
authorized activities of agencies of the Rural Development Mission Area,
$150,000,000, to remain available until expended, which shall be
allocated as follows: $59,000,000 for single and multi-family housing
activities; $40,000,000 for community facilities activities; $26,000,000
for utilities activities; and $25,000,000 for business activities:
Provided, That such funds shall be for areas affected by hurricanes,
floods, and other natural disasters occurring during 2008 for which the
President declared a major disaster under title IV of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act of 1974: Provided
further, That the cost of such direct and guaranteed loans, including
the cost of modifying loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That
the <<NOTE: Notification. Deadline.>> Secretary of Agriculture may
reallocate funds made available in this paragraph among the 4 specified
activities, if the Secretary notifies the Committees on Appropriations
of the House of Representatives and the Senate not less than 15 days
prior to such reallocation.
In addition, for an additional amount for grants, and for the cost
of direct and guaranteed loans, for authorized activities of the Rural
Housing Service, $38,000,000, to remain available until expended, for
single and multi-family housing activities: Provided, That such funds
shall be for areas affected by Hurricanes Katrina and Rita: Provided
further, That the cost of such direct and guaranteed loans, including
the cost of modifying loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974.
GENERAL PROVISIONS, THIS CHAPTER
(including transfers of funds)
Sec. 10101. <<NOTE: 7 USC 6945.>> (a) Rural Development Disaster
Assistance Fund.--Hereafter, there is established in the Treasury a fund
entitled the ``Rural Development Disaster Assistance Fund''.
(b) Purpose and Availability of Fund.--Subject to subsection (d),
amounts in the Rural Development Disaster Assistance Fund shall be
available to the Secretary of Agriculture, until expended, to provide
additional amounts for authorized activities of agencies of the Rural
Development Mission Area in areas affected by a disaster declared by the
President or the Secretary of Agriculture. Amounts so provided shall be
in addition to any other amounts available to carry out the activity.
(c) Waiver of Activity or Project Limitations.--The Secretary of
Agriculture may waive any limits on population, income, or cost-sharing
otherwise applicable to an activity or project for which amounts in the
Rural Development Disaster Assistance Fund will be obligated under
subsection (b), except that, if the amounts proposed to be obligated in
connection with the disaster would exceed the amount specified in
subsection (h), the notification required by that subsection shall
include information and justification with regard to any waivers to be
granted under this subsection.
(d) Treatment of Certain Amounts in Fund.--Amounts appropriated
directly to the Rural Development Disaster Assistance Fund by this Act
or any subsequent Act for a specific purpose
[[Page 122 STAT. 3587]]
shall be available only for that purpose until such time as the transfer
authority provided by subsection (f) takes effect with regard to the
amounts. <<NOTE: Applicability.>> Only subsection (c), including the
notification requirements of such subsection, and subsections (g) and
(i) apply to amounts described in this subsection.
(e) Transfer <<NOTE: Certification.>> of Prior Appropriations to
Fund.--The Secretary of Agriculture may transfer to the Rural
Development Disaster Assistance Fund, and merge with other amounts
generally appropriated to the Fund, the available unobligated balance of
any amounts that were appropriated before the date of the enactment of
this Act for programs and activities of the Rural Development Mission
Area to respond to a disaster and were designated by the Congress as an
emergency requirement if, in advance of the transfer, the Secretary
determines that the unobligated amounts are no longer needed to respond
to the disaster for which the amounts were originally appropriated and
the Secretary provides a certification of this determination to the
Committees on Appropriations of the House of Representatives and the
Senate.
(f) Transfer of Other Appropriations
to <<NOTE: Certification.>> Fund.--Unless otherwise specifically
provided in an appropriations Act, the Secretary of Agriculture may
transfer to or within the Rural Development Disaster Assistance Fund,
and merge with other amounts generally appropriated to the Fund, the
available unobligated balance of any amounts that are appropriated for
fiscal year 2009 or any subsequent fiscal year for programs and
activities of the Rural Development Mission Area to respond to a
disaster and are designated by the Congress as an emergency requirement
if, in advance of the transfer, the Secretary determines that the
unobligated amounts are no longer needed to respond to the disaster for
which the amounts were originally appropriated and the Secretary
provides a certification of this determination to the Committees on
Appropriations of the House of Representatives and the Senate. A
transfer of unobligated amounts with respect to a disaster may not be
made under this subsection until after the end of the two-year period
beginning on the date on which the amounts were originally appropriated
for that disaster.
(g) Administrative Expenses.--In addition to any other funds
available to the Secretary of Agriculture to cover administrative costs,
the Secretary may use up to 3 percent of the amounts allocated from the
Rural Development Disaster Assistance Fund for a specific disaster to
cover administrative costs of Rural Development's State and local
offices in the areas affected by the disaster to carry out disaster
related activities.
(h) Limitation on Per
Disaster <<NOTE: Deadline. Notification.>> Obligations.--Amounts in the
Rural Development Disaster Assistance Fund, except for amounts described
in subsection (d) that are appropriated to the Fund and obligated in
accordance with that subsection, may not be obligated in excess of
$1,000,000 for a disaster until at least 15 days after the date on which
the Secretary of Agriculture notifies the Committees on Appropriations
of the House of Representatives and the Senate of the Secretary's
determination to obligate additional amounts and the reasons for the
determination. The Secretary may not obligate more than 50 percent of
the funds contained in the Rural Development Disaster Assistance Fund
for any one disaster unless the Secretary declares that there is a
specific and extreme need that additional funds must be provided in
response to such disaster at time of the obligation.
[[Page 122 STAT. 3588]]
(i) Quarterly Reports.--The Secretary of Agriculture shall submit,
on a quarterly basis, to the Committees on Appropriations of the House
of Representatives and the Senate a report describing the status of the
Rural Development Disaster Assistance Fund and any transactions that
have affected the Fund since the previous report.
Sec. 10102. <<NOTE: Applicability. 7 USC 1531 note.>> Section 1601
(c)(2) of the Food, Conservation and Energy Act of 2008 (Public Law 110-
246) shall apply in implementing section 12033 of such Act.
CHAPTER 2--COMMERCE AND SCIENCE
DEPARTMENT OF COMMERCE
Economic Development Administration
economic development assistance programs
Pursuant to section 703 of the Public Works and Economic Development
Act (42 U.S.C. 3233), for an additional amount for ``Economic
Development Assistance Programs'', for necessary expenses related to
disaster relief, long-term recovery, and restoration of infrastructure
related to the consequences of hurricanes, floods and other natural
disasters occuring during 2008 for which the President declared a major
disaster under title IV of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, $400,000,000, to remain available until
expended.
National Oceanic and Atmospheric Administration
operations, research, and facilities
For an additional amount for ``Operations, Research, and
Facilities'', to improve hurricane track and intensity forecasts for the
protection of life and property, $11,000,000, to remain available until
September 30, 2009.
In addition, for an additional amount for ``Operations, Research,
and Facilities'', for fishery disaster assistance, $75,000,000, to
remain available until September 30, 2009: Provided, That the National
Marine Fisheries Service shall cause such amounts to be distributed
among eligible recipients of assistance for fishery resource disasters
and commercial fishery failures as declared by the Secretary of Commerce
under sections 308(b) and 308(d) of the Interjurisdicitional Fisheries
Act (16 U.S.C. 4107) and sections 312(a) and 315 of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1861a(a) and 1864).
procurement, acquisition, and construction
For an additional amount for ``Procurement, Acquisition, and
Construction'', to improve hurricane track and intensity forecasts for
the protection of life and property, $6,000,000, to remain available
until September 30, 2009.
[[Page 122 STAT. 3589]]
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
Exploration Capabilities
For an additional amount for ``Exploration Capabilities'', for
necessary expenses for restoration and mitigation of National
Aeronautics and Space Administration owned infrastructure and facilities
related to the consequences of hurricanes, floods, and other natural
disasters occuring during 2008 for which the President declared a major
disaster under title IV of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act of 1974, $30,000,000, to remain available until
expended with such sums as determined by the Administrator of the
National Aeronautics and Space Administration as available to reimburse
costs incurred and for transfer to ``Science, Aeronautics and
Exploration'' in accordance with section 505 of division B of Public Law
110-161.
CHAPTER 3--ENERGY AND WATER DEVELOPMENT
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
construction
For an additional amount for ``Construction'' for necessary expenses
related to the consequences of Hurricane Katrina and other hurricanes,
floods and other natural disasters, $1,538,800,000, to remain available
until expended: Provided, That the Secretary of the Army is directed to
use $38,800,000 of the funds appropriated under this heading to address
emergency situations at Corps of Engineers projects and rehabilitate and
repair damages to Corps projects caused by recent
natural <<NOTE: Louisiana.>> disasters: Provided further, That the
Secretary is directed to use $1,500,000,000 of the funds appropriated
under this heading to fund the estimated amount of the non-Federal cash
contribution for projects in southeast Louisiana that will be financed
in accordance with the provisions of section 103(k) of Public Law 99-662
over a period of 30 years from the date of completion of the project or
separable element, with $700,000,000 used for the Lake Pontchartrain and
Vicinity project; $350,000,000 used for the West Bank and Vicinity
project and $450,000,000 used for elements of the Southeast Louisiana
Urban Drainage project that are within the geographic perimeter of the
West Bank and Vicinity and Lake Pontchartrain and Vicinity projects:
Provided further, That the expenditure of funds as provided above may be
made without regard to individual amounts or purposes and any
reallocation of funds that is necessary to accomplish the established
goals is authorized subject to the approval of the Committees on
Appropriations of the House of Representatives and the Senate: Provided
further, That <<NOTE: Reports. Deadline.>> the Assistant Secretary of
the Army for Civil Works shall provide a monthly report to the
Committees on Appropriations detailing the allocation and obligation of
these funds, beginning not later than 60 days after enactment of this
Act.
[[Page 122 STAT. 3590]]
mississippi river and tributaries
For an additional amount for ``Mississippi River and Tributaries''
for recovery from natural disasters, $82,400,000, to remain available
until expended, to dredge eligible projects in response to and repair
damages to Federal projects caused by recent natural disasters:
Provided, That $35,000,000 shall be used to reimburse projects where
funding was transferred to the Flood Control and Coastal Emergencies
account under the provisions of section 5 of the Act of August 18, 1941
( <<NOTE: Reports. Deadline.>> 33 U.S.C. 701n): Provided further, That
the Assistant Secretary of the Army for Civil Works shall provide a
monthly report to the Committees on Appropriations of the House of
Representatives and the Senate detailing the allocation and obligation
of these funds, beginning not later than 60 days after enactment of this
Act.
operation and maintenance
For an additional amount for ``Operation and Maintenance'' to dredge
navigation channels and repair other Corps projects related to natural
disasters, $740,000,000, to remain available until expended: Provided,
That <<NOTE: Reports. Deadline.>> the Assistant Secretary of the Army
for Civil Works shall provide a monthly report to the Committees on
Appropriations of the House of Representatives and the Senate detailing
the allocation and obligation of these funds, beginning not later than
60 days after enactment of this Act.
flood control and coastal emergencies
For an additional amount for ``Flood Control and Coastal
Emergencies'', as authorized by section 5 of the Act of August 18, 1941
(33 U.S.C. 701n), for necessary expenses relating to the consequences of
recent hurricanes and other natural disasters as authorized by law,
$415,600,000, to remain available until expended to support emergency
operations, repair eligible projects nationwide, and for other
activities in response to
natural <<NOTE: Reports. Deadline.>> disasters: Provided, That the
Assistant Secretary of the Army for Civil Works shall provide a monthly
report to the Committees on Appropriations of the House of
Representatives and the Senate detailing the allocation and obligation
of these funds, beginning not later than 60 days after enactment of this
Act.
CHAPTER 4--FINANCIAL SERVICES AND GENERAL GOVERNMENT
INDEPENDENT AGENCIES
General Services Administration
real property activities
federal buildings fund
construction and acquisition
For an additional amount to be deposited in the Federal Buildings
Fund, $182,000,000, exclusive of permitted escalation, is authorized and
available for the Administrator to proceed with
[[Page 122 STAT. 3591]]
necessary site acquisition, design, and construction for the new
courthouse project in Cedar Rapids, Iowa: Provided, That the foregoing
limits of costs on new construction projects may be exceeded to the
extent that savings are effected in other such projects, but not to
exceed 10 percent of the amounts provided unless advance approval is
obtained from the Committees on Appropriations of a greater amount:
Provided further, <<NOTE: Expiration date.>> That all funds for direct
construction projects shall expire on September 30, 2009 and remain in
the Federal Buildings Fund except for funds for projects to which funds
for design or other funds have been obligated in whole or in part prior
to such date.
Small Business Administration
salaries and expenses
For an additional amount for ``Salaries and Expenses'', $10,000,000,
to remain available until September 30, 2009, for grants under section
21 of the Small Business Act (15 U.S.C. 648) to small business
development centers to provide technical assistance to small business
concerns affected by recent hurricanes, flooding, and other natural
disasters in calendar year <<NOTE: Waiver authority.>> 2008: Provided,
That the Administrator of the Small Business Administration shall waive
the matching requirement under section 21(a)(4)(A) of such Act for any
grant made using funds made available under this heading.
office of inspector general
For an additional amount for ``Office of Inspector General'' for
necessary expenses related to the consequences of recent hurricanes and
other natural disasters in calendar year 2008, $3,000,000, to remain
available until expended.
disaster loans program account
For an additional amount for the ``Disaster Loans Program Account''
for the cost of direct loans authorized by section 7(b) of the Small
Business Act, for necessary expenses related to recent hurricanes and
other natural disasters, $498,000,000, to remain available until
expended: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974.
In addition, for administrative expenses to carry out the direct
loan program authorized by section 7(b) in response to recent hurricanes
and other natural disasters, including onsite assistance to disaster
victims, increased staff at call centers, processing centers, and field
inspections teams, and attorneys to assist in loan closings,
$288,000,000 to remain available until expended; of which $279,000,000
is for direct administrative expenses of loan making and servicing to
carry out the direct loan program, which may be paid to appropriations
for Salaries and Expenses; and of which $9,000,000 is for indirect
administrative expenses, which may be paid to appropriations for
Salaries and Expenses.
[[Page 122 STAT. 3592]]
CHAPTER 5--HOMELAND SECURITY
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
acquisition, construction, and improvements
(including transfer of funds)
For an additional amount for ``Acquisition, Construction, and
Improvements'' for necessary expenses related to the consequences of
2008 natural disasters and flooding, $300,000,000, to remain available
until expended: Provided, That notwithstanding the transfer limitation
contained in section 503 of division E of Public Law 110-161, such
funding may be transferred to other Coast Guard appropriations after
notification as required in accordance with
such <<NOTE: Plan.>> section: Provided further, That a plan listing all
facilities to be reconstructed and restored, with associated costs,
shall be submitted to the Committees on Appropriations of the Senate and
the House of Representatives.
Federal Emergency Management Agency
disaster relief
(including transfers of funds)
For an additional amount for ``Disaster Relief'', $7,960,000,000, to
remain available until expended: Provided, That of the amount provided,
up to $98,150,000 may be transferred to the ``Disaster Assistance Direct
Loan Program Account'' for the cost of direct loans as authorized under
section 417 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5184), of which up to $4,200,000 is for
administrative expenses to carry out the direct loan program: Provided
further, That such transfer may be made to subsidize gross obligations
for the principal amount of direct loans not to exceed $100,000,000
under section 417 of such Act: Provided further, That the cost of
modifying such loans shall be as defined in section 502 of the
Congressional Budget Act of 1974 (2 U.S.C. 661a): Provided further, That
of the amount provided, up to $8,000,000 shall be transferred to the
``Department of Homeland Security Office of Inspector General'' for
audits and investigations related to disasters.
GENERAL PROVISIONS, THIS CHAPTER
(including rescission of funds)
Sec. 10501. (a) Rescission.--Of amounts previously made available
from ``Federal Emergency Management Agency--Disaster Relief'' to the
State of Mississippi pursuant to section 404 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act of 1974 (42 U.S.C. 5170c)
for Hurricane Katrina, an additional $20,000,000 is rescinded.
(b) Appropriation.--For <<NOTE: Grants. Mississippi.>> ``Federal
Emergency Management Agency--State and Local Programs'', there is
appropriated an additional $20,000,000, to remain available until
expended, for a grant
[[Page 122 STAT. 3593]]
to the State of Mississippi for an interoperable communications system
required in the aftermath of Hurricane Katrina.
Sec. 10502. There is hereby appropriated to the Secretary of the
Department of Homeland Security not to exceed $100,000,000, to remain
available until September 30, 2009, for payments to the American Red
Cross for reimbursement of disaster relief and recovery expenditures and
emergency services provided in the United States associated with
hurricanes, floods, and other natural disasters occurring in 2008 for
which the President declared a major disaster under title IV of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1974,
and only to the extent funds are not made available for those activities
by other Federal sources: Provided, That these funds may be administered
by any authorized federal government agency to meet the purposes of this
provision and that total administrative costs shall not exceed 3 percent
of the total <<NOTE: Audits.>> appropriation: Provided further, That the
Comptroller General shall audit the use of these funds by the American
Red Cross.
Sec. 10503. Until <<NOTE: Missouri. Illinois.>> such time as
preliminary flood insurance rate maps initiated prior to October 1, 2008
are completed and released for public review, preliminary base flood
elevations are published in the Federal Register, and the second
required local newspaper publication of such base flood elevations is
made for the City of St. Louis, St. Charles and St. Louis counties in
Missouri, and Madison, Monroe, and St. Clair counties in Illinois, the
Administration shall not begin the statutory appeals process in such
areas required under section 1363 of the National Flood Insurance Act of
1968.
CHAPTER 6--INTERIOR AND ENVIRONMENT
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
wildland fire management
(including transfers of funds)
For an additional amount for ``Wildland Fire Management'',
$135,000,000, to remain available until expended, of which (1)
$110,000,000 is for urgent wildland fire suppression activities,
including repayments to other accounts from which funds were transferred
in fiscal year 2008 for wildfire suppression so that all such transfers
for fiscal year 2008 are fully repaid; and (2) $25,000,000 is for burned
area rehabilitation.
United States Fish and Wildlife Service
construction
For an additional amount for ``Construction'', $75,000,000, to
remain available until expended, for necessary expenses related to the
consequences of hurricanes and natural disasters.
[[Page 122 STAT. 3594]]
DEPARTMENT OF AGRICULTURE
Forest Service
capital improvement and maintenance
(including transfers of funds)
For an additional amount for ``Capital Improvement and
Maintenance'', $30,000,000, to remain available until expended, for
necessary expenses, including cleanup, related to the consequences of
hurricanes, floods and other natural disasters.
wildland fire management
(including transfers of funds)
For <<NOTE: Deadlines.>> an additional amount for ``Wildland Fire
Management'', $775,000,000, to remain available until expended, of which
(1) $500,000,000 shall be available for emergency wildfire suppression
and related activities, of which no less than $300,000,000 shall be
transferred to Forest Service accounts within 15 days of enactment of
this Act so that all such transfers for wildfire suppression in fiscal
year 2008 are fully repaid, including $30,000,000 reallocated between
programs in the Wildland Fire Management Account; and of which
$100,000,000 shall be transferred within 15 days of enactment of this
Act to the fund established by section 3 of Public Law 71-319 (16 U.S.C.
576 et seq.) to repay transfers made for previous emergency wildfire
suppression activities; (2) $175,000,000 shall be available for
hazardous fuels reduction and hazard mitigation activities in areas at
high risk of catastrophic wildfire due to population density and fuel
loads, of which $125,000,000 is available for work on State and private
lands using all the authorities available to the Forest Service; (3)
$75,000,000 is for rehabilitation and restoration of Federal lands and
may be transferred to other Forest Service accounts as necessary; and
(4) $25,000,000 is for preparedness for retention initiatives in areas
at high risk of catastrophic wildfire that face recurrent staffing
shortages.
CHAPTER 7--HEALTH AND HUMAN SERVICES AND EDUCATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
social services block grant
For an additional amount for ``Social Services Block Grant'',
$600,000,000, which shall remain available through September 30, 2009,
for necessary expenses resulting from hurricanes, floods, and other
natural disasters occurring during 2008 for which the President declared
a major disaster under title IV of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act of 1974, and from Hurricanes Katrina
and Rita, notwithstanding section 2003 and paragraphs (1) and (4) of
section 2005(a) of the Social Security Act: Provided, That
notwithstanding section 2002 of the
[[Page 122 STAT. 3595]]
Social Security Act, the distribution of such amount shall be limited to
States directly affected by these <<NOTE: Criteria. Public
information.>> events: Provided further, That the Secretary of Health
and Human Services shall distribute such amount to eligible States based
on demonstrated need in accordance with objective criteria that are made
available to the public: Provided further, That in addition to other
uses permitted by title XX of the Social Security Act, funds
appropriated under this heading may be used for health services
(including mental health services), and for repair, renovation, and
construction of health care facilities (including mental health
facilities), child care centers, and other social services facilities.
DEPARTMENT OF EDUCATION
School Improvement Programs
For an additional amount for ``School Improvement Programs'' for
education for homeless children and youths (as defined in section 725 of
the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a)),
$15,000,000, to remain available through September 30, 2009: Provided,
That such funds shall be made available, based on demonstrated need,
only to local educational agencies whose enrollment of homeless students
has increased as a result of hurricanes, floods, and other natural
disasters occurring during 2008 for which the President declared a major
disaster under title IV of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act of 1974: Provided further, That such funds
shall be used for the activities described in section 723(d) of such Act
(42 U.S.C. 11433(d)) and services provided using such funds shall comply
with paragraphs (2) and (3) of section 723(a) of such Act (42 U.S.C.
11433(a)): Provided further, <<NOTE: Applicability.>> That the local
educational agency requirements described in paragraphs (3) through (7)
of section 722(g) of such Act (42 U.S.C.
11432(g)) <<NOTE: Deadline.>> shall apply: Provided further, That the
Secretary of Education shall distribute these funds to such local
educational agencies not later than 120 days after the date of the
enactment of this Act.
Higher Education Disaster Relief
For an additional amount under part B of title VII of the Higher
Education Act of 1965 (``HEA'') for institutions of higher education (as
defined in section 101 or section 102(c) of that Act) that are located
in an area affected by hurricanes, floods, and other natural disasters
occurring during 2008 for which the President declared a major disaster
under title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act of 1974, $15,000,000, to remain available through
September 30, 2009: Provided, That such funds shall be available to the
Secretary of Education only for payments to help defray the expenses
(which may include lost revenue, reimbursement for expenses already
incurred, and construction) incurred by such institutions of higher
education that were forced to close, relocate, or whose operations were
impaired as a result of damage directly caused by such hurricanes,
floods, and other natural disasters occurring during 2008, and for
payments to enable such institutions to provide grants to students who
attend such institutions for academic years beginning on or after July
1, 2008: Provided further, <<NOTE: Criteria. Public information.>> That
such payments shall be made in accordance with criteria established by
the Secretary
[[Page 122 STAT. 3596]]
and made publicly available without regard to section 437 of the General
Education Provisions Act, section 553 of title 5, United States Code, or
part B of title <<NOTE: Deadline.>> VII of the HEA: Provided further,
That the Secretary shall award funds available under this paragraph not
later than 60 days after the date of the enactment of this Act.
GENERAL PROVISIONS, THIS CHAPTER
Sec. 10701. (a) Extension of Waiver Authority.--Section 105 of
subtitle A of title IV of division B of Public Law 109-148 (119 Stat.
2797) is amended--
(1) in subsection (b)--
(A) in the first sentence, by striking ``for fiscal
year 2007.'' and inserting ``for any of fiscal years
2007 through 2009.''; and
(B) by striking the second sentence; and
(2) in subsection (c)(2), by striking ``for fiscal year 2006
or 2007'' and inserting ``for any fiscal year''.
(b) Application of Waiver Authority to Areas Affected in 2008.--The
authority of the Secretary of Education under section 105 of subtitle A
of title IV of division B of Public Law 109-148 (119 Stat. 2797), as
amended by subsection (a), may be exercised with respect to an entity in
an area affected by hurricanes, floods, and other natural disasters
occurring during 2008 for which the President declared a major disaster
under title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act of 1974.
Sec. 10702. (a) Allocation and Use of Campus-Based Higher Education
Assistance.--
(1) Waiver of matching requirements.--Notwithstanding
sections 413C(a)(2) and 443(b)(5) of the Higher Education Act of
1965 (20 U.S.C. 1070b-2(a)(2); 42 U.S.C. 2753(b)(5)), with
respect to funds made available for academic year 2009-2010 to
an institution of higher education located in an area affected
by a 2008 natural disaster, the Secretary shall waive the
requirement that a participating institution of higher education
provide a non-Federal share or a capital contribution, as the
case may be, to match Federal funds provided to the institution
for the programs authorized pursuant to subpart 3 of part A and
part C of title IV of such Act.
(2) Waiver of reallocation rules.--
(A) Authority to reallocate.--Notwithstanding
sections 413D(d) and 442(d) of the Higher Education Act
of 1965 (20 U.S.C. 1070b-3(d); 42 U.S.C. 2752(d)), the
Secretary shall--
(i) reallocate any funds returned under any of
those sections that were allocated to institutions
of higher education for award year 2008-2009 to an
institution of higher education that is eligible
under this paragraph; and
(ii) waive the allocation reduction for award
year 2009-2010 for an institution returning more
than 10 percent of its allocation under any of
those sections.
(B) Eligible institutions for reallocation.--An
institution of higher education may receive a
reallocation of excess allocations under this paragraph
if the institution--
[[Page 122 STAT. 3597]]
(i) participates in the program for which
excess allocations are being reallocated; and
(ii) is located in an area affected by a 2008
natural disaster.
(C) Basis of reallocation.--The Secretary shall
determine the manner in which excess allocations shall
be reallocated to institutions under subparagraph (A),
and shall give additional consideration to the needs of
institutions located in an area affected by a 2008
natural disaster.
(D) Additional waiver authority.--Notwithstanding
any other provision of law, in order to carry out this
paragraph, the Secretary may waive or modify any
statutory or regulatory provision relating to the
reallocation of excess allocations under subpart 3 of
part A or part C of title IV of the Higher Education Act
of 1965 in order to ensure that assistance is received
by institutions described in subsection (a)(2)(B).
(b) Definitions.--In this section:
(1) 2008 natural disaster.--The term ``2008 natural
disaster'' means a major disaster that the President declared to
exist, in accordance with section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170)
that was caused by hurricanes, floods, and other natural
disasters during calendar year 2008.
(2) Area affected by a 2008 natural disaster.--The term
``area affected by a 2008 natural disaster'' means a county or
parish that has been designated by the Federal Emergency
Management Agency for disaster assistance for individuals and
households as a result of a 2008 natural disaster.
(3) Institution of higher education.--The term ``institution
of higher education'' has the meaning given that term in section
102 of the Higher Education Act of 1965 (20 U.S.C. 1002).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Education.
CHAPTER 8--MILITARY CONSTRUCTION
DEPARTMENT OF DEFENSE
Military Construction, Army National Guard
For an additional amount for ``Military Construction, Army National
Guard'', $25,000,000, to remain available until September 30, 2013, for
construction due to damages as a result of natural disasters: Provided,
That notwithstanding any other provision of law, such funds may be
obligated and expended to carry out planning and design and military
contruction projects not otherwise authorized by law: Provided
further, <<NOTE: Deadline. Expenditure plan.>> That within 30 days of
enactment of this Act, the Army National Guard shall submit to the
Committees on Appropriations of both Houses of Congress an expenditure
plan for funds provided under this heading.
[[Page 122 STAT. 3598]]
CHAPTER 9--DEPARTMENT OF STATE AND FOREIGN OPERATIONS
International Commissions
international boundary and water commission, united states and mexico
construction
For an additional amount for ``Construction'', for the water
quantity program to meet immediate and emergency repair and
rehabilitation requirements, $37,500,000, to remain available until
expended: Provided, That up to $3,000,000 may be transferred to, and
merged with, funds available under the heading ``International Boundary
and Water Commission--Salaries and Expenses'': Provided further,
That <<NOTE: Deadline. Spending plan.>> not later than 60 days after
enactment of this Act, the Commission shall submit to the Committees on
Appropriations of the House of Representatives and the Senate a detailed
spending plan for funds appropriated under this heading.
CHAPTER 10--TRANSPORTATION AND HOUSING AND URBAN DEVELOPMENT
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
federal-aid highways
emergency relief program
For an additional amount for the Emergency Relief Program as
authorized under section 125 of title 23, United States Code,
$850,000,000, to remain available until expended: Provided, That
notwithstanding section 125(d)(1) of such title, the Secretary of
Transportation may obligate more than $100,000,000 for eligible expenses
in a State in a fiscal year to respond to damage caused by Hurricanes
Gustav and Ike.
Federal Railroad Administration
railroad rehabilitation and repair
For necessary expenses for the Secretary of Transportation to make
grants to repair and rehabilitate Class II and Class III railroad
infrastructure damaged by hurricanes, floods, and other natural
disasters in areas for which the President declared a major disaster
under title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act of 1974, $20,000,000, to remain available until expended,
and to be awarded to States on a competitive case-by-case basis based on
need: Provided, That funds available under this heading shall be
available for repair and rehabilitation of railroad rights-of-way,
bridges, signals, and other infrastructure which is part of the general
railroad system of transportation and primarily used by railroads to
move freight traffic: Provided further, That the maximum Federal share
for carrying out a project
[[Page 122 STAT. 3599]]
under this heading shall be 80 percent of the project cost with the non-
Federal share provided only in cash, equipment or supplies: Provided
further, That the Secretary may retain up to one-half of 1 percent of
the funds under this heading to fund the oversight by the Administrator
of the Federal Railroad Administration of the design and implementation
of projects funded by grants made under this heading: Provided
further, <<NOTE: Applicability.>> That the provisions of section 24312
of title 49, United States Code, shall apply to grantees assisted under
this heading: Provided further, That grantees must exhaust all other
Federal and State resources prior to seeking assistance under this
heading.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Public and Indian Housing
tenant-based rental assistance
For an additional amount for ``Tenant-Based Rental Assistance'', as
authorized under the United States Housing Act of 1937 (42 U.S.C. 1437
et seq.), not otherwise provided for, $85,000,000, to remain available
until expended, for incremental housing assistance, including related
administrative expenses, for persons assisted under the Disaster Housing
Assistance Program whose assistance would otherwise end on March 1,
2009.
project-based rental assistance
For an additional amount to areas impacted by Hurricanes Katrina and
Rita for project-based vouchers under section 8(o)(13) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(o)(13)), $50,000,000, to
remain available until expended.
public housing capital fund
For an additional amount to be made available to the Secretary of
Housing and Urban Development, $15,000,000, notwithstanding any other
provision of law, to be used solely for the redevelopment of public
housing impacted by Hurricanes Katrina and Rita.
Community Planning and Development
community development fund
For an additional amount for the ``Community Development Fund'', for
necessary expenses related to disaster relief, long-term recovery, and
restoration of infrastructure, housing, and economic revitalization in
areas affected by hurricanes, floods, and other natural disasters
occuring during 2008 for which the President declared a major disaster
under title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act of 1974, $6,500,000,000, to remain available until
expended, for activities authorized under title I of the Housing and
Community Development Act of 1974 (Public Law 93-383): Provided, That
funds provided under this heading shall be administered through an
entity or entities designated by the Governor of each State: Provided
further, That such funds may not be used for activities reimbursable by,
or for which funds are made available by, the Federal Emergency
[[Page 122 STAT. 3600]]
Management Agency or the Army Corps of Engineers: Provided further, That
funds allocated under this heading shall not adversely affect the amount
of any formula assistance received by a State under the Community
Development Fund: Provided further, That each State may use up to 5
percent of its allocation for administrative costs: Provided further,
That $6,500,000 shall be available for use by the Assistant Secretary of
Community Planning and Development for the administrative costs,
including information technology costs, with respect to amounts made
available under this section and under section 2301(a) of the Housing
and Economic Recovery Act of 2008. Provided further, That not less than
$650,000,000 from funds made available on a pro-rata basis according to
the allocation made to each State under this heading shall be used for
repair, rehabilitation, and reconstruction (including demolition, site
clearance and remediation) of the affordable rental housing stock
(including public and other HUD-assisted housing) in the impacted areas
where there is a demonstrated need as determined by the <<NOTE: Waiver
authority.>> Secretary: Provided further, That in administering the
funds under this heading, the Secretary of Housing and Urban Development
may waive, or specify alternative requirements for, any provision of any
statute or regulation that the Secretary administers in connection with
the obligation by the Secretary or the use by the recipient of these
funds or guarantees (except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment), upon a request
by a State explaining why such waiver is required to facilitate the use
of such funds or guarantees, if the Secretary finds that such waiver
would not be inconsistent with the overall purpose of title I of the
Housing and Community Development Act of 1974: Provided further, That a
waiver granted by the Secretary under the preceding proviso may not
reduce the percentage of funds which must be used for activities that
benefit persons of low and moderate income to less than 50 percent,
unless the Secretary specifically finds that there is compelling need to
further reduce or eliminate the percentage requirement: Provided
further, <<NOTE: Federal Register, publication. Deadline.>> That the
Secretary shall publish in the Federal Register any waiver of any
statute or regulation that the Secretary administers pursuant to title I
of the Housing and Community Development Act of 1974 no later than 5
days before the effective date of such waiver: Provided further, That
every waiver made by the Secretary must be reconsidered according to the
three previous provisos on the 2-year anniversary of the day the
Secretary published the waiver in the Federal Register: Provided
further, <<NOTE: Deadline.>> That the Secretary shall allocate to the
states not less than 33 percent of the funding provided under this
heading within 60 days after the enactment of this Act based on the best
estimates available of relative damage and anticipated assistance from
other Federal <<NOTE: State and local governments. Plan.>> sources:
Provided further, That prior to the obligation of funds each State shall
submit a plan to the Secretary detailing the proposed use of all funds,
including criteria for eligibility and how the use of these funds will
address long-term recovery and restoration
of <<NOTE: Reports. Contracts.>> infrastructure: Provided further, That
each State will report quarterly to the Committees on Appropriations on
all awards and uses of funds made available under this heading,
including specifically identifying all awards of sole-source contracts
and the rationale for making the award on a sole-source basis: Provided
further, <<NOTE: Notification. Deadline.>> That the Secretary shall
notify the Committees on Appropriations of any proposed allocation of
[[Page 122 STAT. 3601]]
any funds and any related waivers made pursuant to the provisions under
this heading no later than 5 days before such allocation or waiver
is <<NOTE: Procedures. Reports. Deadline. Fraud.>> made: Provided
further, That the Secretary shall establish procedures to prevent
recipients from receiving any duplication of benefits and report
quarterly to the Committees on Appropriations with regard to all steps
taken to prevent fraud and abuse of funds made available under this
heading including duplication of benefits: Provided further, That none
of the funds provided under this heading may be used by a State or
locality as a matching requirement, share, or contribution for any other
Federal program.
GENERAL PROVISIONS, THIS CHAPTER
Sec. 11001. Section 7025 of Public Law 109-234 <<NOTE: 120 Stat.
486.>> is amended by inserting ``and nine months'' after ``two years''.
Sec. 11002. The <<NOTE: Contracts.>> Secretary of Housing and Urban
Development (``Secretary'') is authorized to transfer, at the request of
the project owner, any project-based assistance contract in its entirety
entered into pursuant to section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f) (and any use restriction on the project) from one
project to another project. <<NOTE: Deadline.>> The Secretary shall make
a determination of approval or disapproval within 60 days of receipt of
the proper documentation required for such transfer, as determined by
the Secretary, if--
(1) the project from which the contract is transferred is
destroyed, damaged by Hurricanes Katrina or Rita, or is
considered beyond repair, physically obsolete, or economically
infeasible; and
(2) the number of individuals that can be served in the
project to which the contract is transferred is approximately at
least equal to the number of individuals that could be served in
the project from which the contract is transferred, and any
difference in the unit count and bedroom configuration between
the two projects shall be immaterial to the Secretary's
authority to transfer the contract.
Sec. 11003. Section 901 of Public Law 109-148 <<NOTE: 119 Stat.
2781; 121 Stat. 162.>> is amended by deleting ``calendar years 2006 and
2007'' and inserting ``calendar years 2006, 2007, 2008, and 2009''.
TITLE II--OTHER SUPPLEMENTAL APPROPRIATIONS
CHAPTER 1--STATE AND FOREIGN OPERATIONS
DEPARTMENT OF STATE
Office of Inspector General
(including transfer of funds)
For an additional amount for ``Office of Inspector General'',
$9,000,000, which shall be transferred to the Special Inspector General
for Afghanistan Reconstruction for reconstruction oversight, to remain
available until September 30, 2010.
[[Page 122 STAT. 3602]]
BILATERAL ECONOMIC ASSISTANCE
Other Bilateral Economic Assistance
economic support fund
(including transfer of funds)
For an additional amount for ``Economic Support Fund'',
$465,000,000, to remain available until September 30, 2010, of which up
to $5,000,000 may be made available for administrative expenses of the
United States Agency for International Development, in addition to
amounts otherwise made available for such purposes: Provided, That of
the funds appropriated under this heading, $365,000,000 shall be made
available for assistance for Georgia and the region for humanitarian and
economic relief, reconstruction, energy-related programs and democracy
activities, and may be transferred to, and merged with, funds
appropriated under the headings ``Assistance for the Independent States
of the Former Soviet Union'' and ``International Disaster Assistance'',
of which up to $8,000,000 may be transferred to, and merged with, funds
made available for ``International Broadcasting Operations'' for
broadcasting activities to Georgia, Russia and the region: Provided
further, That none of the funds made available in prior Acts making
appropriations for foreign operations, export financing, and related
programs under the headings ``Assistance for the Independent States of
the Former Soviet Union'' and ``Assistance for Eastern Europe and the
Baltic States'', or funds appropriated for Iraq for the Community
Stabilization Program under the heading ``Economic Support Fund'' in
Public Law 110-252, may be reprogrammed for assistance
for <<NOTE: Haiti.>> Georgia: Provided further, That of the funds
appropriated under this heading, not less than $100,000,000 shall be
made available for hurricane relief and reconstruction assistance for
Haiti and other Caribbean countries: Provided further, That funds
appropriated under this heading shall be subject to prior consultation
with, and the regular notification procedures of, the Committees on
Appropriations.
CHAPTER 2--AGRICULTURE
bill emerson humanitarian trust
Sec. 20201. There is hereby appropriated to the Secretary of
Agriculture $100,000,000, to remain available until expended, to carry
out the Bill Emerson Humanitarian Trust, as authorized by the Bill
Emerson Humanitarian Trust Act (7 U.S.C. 1736f-1).
TITLE III--GENERAL PROVISIONS
short title
Sec. 30001. This division may be cited as the ``Disaster Relief and
Recovery Supplemental Appropriations Act, 2008''.
emergency designation
Sec. 30002. Each amount in this Act is designated as an emergency
requirement and necessary to meet emergency needs
[[Page 122 STAT. 3603]]
pursuant to section 204(a) of S. Con. Res. 21 (110th Congress) and
section 301(b)(2) of S. Con. Res. 70 (110th Congress), the concurrent
resolutions on the budget for fiscal years 2008 and 2009.
coordination of provisions
Sec. 30003. Unless otherwise expressly provided, each amount in
this Act is a supplemental appropriation for fiscal year 2008 or, if
enacted after September 30, 2008, for fiscal year 2009.
DIVISION C--DEPARTMENT <<NOTE: Department of Defense Appropriations Act,
2009.>> OF DEFENSE APPROPRIATIONS ACT, 2009
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2009, for military functions administered by the
Department of Defense and for other purposes, namely:
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Army on active duty, (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $36,382,736,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Navy on active duty (except members of the Reserve provided for
elsewhere), midshipmen, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $24,037,553,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Marine Corps on active duty (except members of the Reserve provided
for elsewhere); and for payments pursuant to section 156 of Public Law
97-377, as amended (42
[[Page 122 STAT. 3604]]
U.S.C. 402 note), and to the Department of Defense Military Retirement
Fund, $11,792,974,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Air Force on active duty (except members of reserve components
provided for elsewhere), cadets, and aviation cadets; for members of the
Reserve Officers' Training Corps; and for payments pursuant to section
156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $25,103,789,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army Reserve on active duty under
sections 10211, 10302, and 3038 of title 10, United States Code, or
while serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty or other duty,
and expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military Retirement
Fund, $3,904,296,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Navy Reserve on active duty under
section 10211 of title 10, United States Code, or while serving on
active duty under section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing reserve training, or while
performing drills or equivalent duty, and expenses authorized by section
16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $1,855,968,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Marine Corps Reserve on active
duty under section 10211 of title 10, United States Code, or while
serving on active duty under section 12301(d) of title 10, United States
Code, in connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve training,
or while performing drills or equivalent duty, and for members of the
Marine Corps platoon leaders class, and expenses authorized by section
16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $584,910,000.
[[Page 122 STAT. 3605]]
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air Force Reserve on active duty
under sections 10211, 10305, and 8038 of title 10, United States Code,
or while serving on active duty under section 12301(d) of title 10,
United States Code, in connection with performing duty specified in
section 12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent duty or other
duty, and expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense Military
Retirement Fund, $1,423,676,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army National Guard while on duty
under section 10211, 10302, or 12402 of title 10 or section 708 of title
32, United States Code, or while serving on duty under section 12301(d)
of title 10 or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$6,616,220,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air National Guard on duty under
section 10211, 10305, or 12402 of title 10 or section 708 of title 32,
United States Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$2,741,768,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law; and not to
exceed $11,478,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of the Army, and payments may be made on his certificate of necessity
for confidential military purposes, $31,207,243,000: Provided, That of
the funds made available under
[[Page 122 STAT. 3606]]
this heading, $2,500,000 shall be available for Fort Baker, in
accordance with terms and conditions as provided under the heading
``Operation and Maintenance, Army'', in Public Law 107-117.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps, as
authorized by law; and not to exceed $14,657,000 can be used for
emergencies and extraordinary expenses, to be expended on the approval
or authority of the Secretary of the Navy, and payments may be made on
his certificate of necessity for confidential military purposes,
$34,410,773,000.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized by law,
$5,519,232,000.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by law; and
not to exceed $7,699,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of the Air Force, and payments may be made on his certificate of
necessity for confidential military purposes, $34,865,964,000.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the Department
of Defense (other than the military departments), as authorized by law,
$25,939,466,000: Provided, That not more than $50,000,000 may be used
for the Combatant Commander Initiative Fund authorized under section
166a of title 10, United States Code: Provided further, That not to
exceed $36,000,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of Defense, and payments may be made on his certificate of necessity for
confidential military purposes: Provided further, That of the funds
provided under this heading, not less than $29,900,000 shall be made
available for the Procurement Technical Assistance Cooperative Agreement
Program, of which not less than $3,600,000 shall be available for
centers defined in 10 U.S.C. 2411(1)(D): Provided further, That none of
the funds appropriated or otherwise made available by this Act may be
used to plan or implement the consolidation of a budget or
appropriations liaison office of the Office of the Secretary of Defense,
the office of the Secretary of a military department, or the service
headquarters of one of the Armed Forces into a legislative affairs or
legislative liaison office: Provided further, That, notwithstanding
section 130(a) of title 10, United States Code, not less than
$46,970,000 shall be available for the Office of the Undersecretary of
Defense, Comptroller and Chief Financial
[[Page 122 STAT. 3607]]
Officer: Provided further, That $4,000,000, to remain available until
expended, is available only for expenses relating to certain classified
activities, and may be transferred as necessary by the Secretary to
operation and maintenance appropriations or research, development, test
and evaluation appropriations, to be merged with and to be available for
the same time period as the appropriations to which transferred:
Provided further, That any ceiling on the investment item unit cost of
items that may be purchased with operation and maintenance funds shall
not apply to the funds described in the preceding proviso: Provided
further, That the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere in this Act.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Army Reserve; repair of facilities and equipment;
hire of passenger motor vehicles; travel and transportation; care of the
dead; recruiting; procurement of services, supplies, and equipment; and
communications, $2,628,896,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Navy Reserve; repair of facilities and equipment;
hire of passenger motor vehicles; travel and transportation; care of the
dead; recruiting; procurement of services, supplies, and equipment; and
communications, $1,308,141,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Marine Corps Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $212,487,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Air Force Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $3,018,151,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the Army
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; hire of passenger motor vehicles;
personnel services in the National Guard Bureau; travel expenses (other
than mileage), as authorized by law for Army personnel on active duty,
for Army National Guard division,
[[Page 122 STAT. 3608]]
regimental, and battalion commanders while inspecting units in
compliance with National Guard Bureau regulations when specifically
authorized by the Chief, National Guard Bureau; supplying and equipping
the Army National Guard as authorized by law; and expenses of repair,
modification, maintenance, and issue of supplies and equipment
(including aircraft), $5,858,303,000.
Operation and Maintenance, Air National Guard
For expenses of training, organizing, and administering the Air
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; transportation of things, hire of
passenger motor vehicles; supplying and equipping the Air National
Guard, as authorized by law; expenses for repair, modification,
maintenance, and issue of supplies and equipment, including those
furnished from stocks under the control of agencies of the Department of
Defense; travel expenses (other than mileage) on the same basis as
authorized by law for Air National Guard personnel on active Federal
duty, for Air National Guard commanders while inspecting units in
compliance with National Guard Bureau regulations when specifically
authorized by the Chief, National Guard Bureau, $5,901,044,000.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States Court of
Appeals for the Armed Forces, $13,254,000, of which not to exceed $5,000
may be used for official representation purposes.
Environmental Restoration, Army
(including transfer of funds)
For the Department of the Army, $457,776,000, to remain available
until transferred: Provided, That the Secretary of the Army shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of the Army, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of the Army, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $290,819,000, to remain available
until transferred: Provided, That the Secretary of the Navy shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste,
[[Page 122 STAT. 3609]]
removal of unsafe buildings and debris of the Department of the Navy, or
for similar purposes, transfer the funds made available by this
appropriation to other appropriations made available to the Department
of the Navy, to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which transferred:
Provided further, That upon a determination that all or part of the
funds transferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $496,277,000, to remain
available until transferred: Provided, That the Secretary of the Air
Force shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous waste,
removal of unsafe buildings and debris of the Department of the Air
Force, or for similar purposes, transfer the funds made available by
this appropriation to other appropriations made available to the
Department of the Air Force, to be merged with and to be available for
the same purposes and for the same time period as the appropriations to
which transferred: Provided further, That upon a determination that all
or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority provided elsewhere in this Act.
Environmental Restoration, Defense-Wide
(including transfer of funds)
For the Department of Defense, $13,175,000, to remain available
until transferred: Provided, That the Secretary of Defense shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of Defense, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of Defense, to be merged
with and to be available for the same purposes and for the same time
period as the appropriations to which transferred: Provided further,
That upon a determination that all or part of the funds transferred from
this appropriation are not necessary for the purposes provided herein,
such amounts may be transferred back to this appropriation: Provided
further, That the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere in this Act.
[[Page 122 STAT. 3610]]
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $291,296,000, to remain available
until transferred: Provided, That the Secretary of the Army shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris at sites formerly used by the Department of Defense, transfer
the funds made available by this appropriation to other appropriations
made available to the Department of the Army, to be merged with and to
be available for the same purposes and for the same time period as the
appropriations to which transferred: Provided further, That upon a
determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided further,
That the transfer authority provided under this heading is in addition
to any other transfer authority provided elsewhere in this Act.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian, Disaster, and
Civic Aid programs of the Department of Defense (consisting of the
programs provided under sections 401, 402, 404, 407, 2557, and 2561 of
title 10, United States Code), $83,273,000, to remain available until
September 30, 2010.
Cooperative Threat Reduction Account
For assistance to the republics of the former Soviet Union,
including assistance provided by contract or by grants, for facilitating
the elimination and the safe and secure transportation and storage of
nuclear, chemical and other weapons; for establishing programs to
prevent the proliferation of weapons, weapons components, and weapon-
related technology and expertise; for programs relating to the training
and support of defense and military personnel for demilitarization and
protection of weapons, weapons components and weapons technology and
expertise, and for defense and military contacts, $434,135,000, to
remain available until September 30, 2011: Provided, That of the amounts
provided under this heading, $12,000,000 shall be available only to
support the dismantling and disposal of nuclear submarines, submarine
reactor components, and security enhancements for transport and storage
of nuclear warheads in the Russian Far East.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing
[[Page 122 STAT. 3611]]
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine tools
in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for the
foregoing purposes, $4,900,835,000, to remain available for obligation
until September 30, 2011.
Missile Procurement, Army
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $2,185,060,000, to remain available for obligation until
September 30, 2011.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification of
weapons and tracked combat vehicles, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes, $3,169,128,000, to
remain available for obligation until September 30, 2011.
Procurement of Ammunition, Army
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including ammunition
facilities, authorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $2,287,398,000, to remain available for obligation until
September 30, 2011.
Other Procurement, Army
For construction, procurement, production, and modification of
vehicles, including tactical, support, and non-tracked combat
[[Page 122 STAT. 3612]]
vehicles; the purchase of passenger motor vehicles for replacement only;
and the purchase of 3 vehicles required for physical security of
personnel, notwithstanding price limitations applicable to passenger
vehicles but not to exceed $262,000 per vehicle; communications and
electronic equipment; other support equipment; spare parts, ordnance,
and accessories therefor; specialized equipment and training devices;
expansion of public and private plants, including the land necessary
therefor, for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of equipment,
appliances, and machine tools in public and private plants; reserve
plant and Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $10,684,014,000, to
remain available for obligation until September 30, 2011.
Aircraft Procurement, Navy
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare parts,
and accessories therefor; specialized equipment; expansion of public and
private plants, including the land necessary therefor, and such lands
and interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway,
$14,141,318,000, to remain available for obligation until September 30,
2011.
Weapons Procurement, Navy
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and related support
equipment including spare parts, and accessories therefor; expansion of
public and private plants, including the land necessary therefor, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway, $3,292,972,000, to remain available for obligation
until September 30, 2011.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including ammunition
facilities, authorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $1,085,158,000, to remain available for obligation until
September 30, 2011.
[[Page 122 STAT. 3613]]
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and armament
thereof, plant equipment, appliances, and machine tools and installation
thereof in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; procurement of critical, long
leadtime components and designs for vessels to be constructed or
converted in the future; and expansion of public and private plants,
including land necessary therefor, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to approval
of title, as follows:
Carrier Replacement Program, $2,692,607,000;
Carrier Replacement Program (AP), $1,214,188,000;
NSSN, $2,107,040,000;
NSSN (AP), $1,395,548,000;
CVN Refueling, $593,534,000;
CVN Refuelings (AP), $21,389,000;
SSBN Submarine Refuelings, $221,823,000;
SSBN Submarine Refuelings (AP), $39,363,000;
DDG-1000 Program, $1,508,803,000;
DDG-51 Destroyer (AP), $200,000,000;
Littoral Combat Ship, $1,020,000,000;
LPD-17, $933,216,000;
LHA-R (AP), $178,300,000;
Intratheater Connector, $174,782,000;
LCAC Service Life Extension Program, $110,918,000;
Prior year shipbuilding costs, $165,152,000;
Service Craft, $48,117,000; and
For outfitting, post delivery, conversions, and first
destination transportation, $429,587,000.
In all: $13,054,367,000, to remain available for obligation until
September 30, 2013: Provided, That additional obligations may be
incurred after September 30, 2013, for engineering services, tests,
evaluations, and other such budgeted work that must be performed in the
final stage of ship construction: Provided further, That none of the
funds provided under this heading for the construction or conversion of
any naval vessel to be constructed in shipyards in the United States
shall be expended in foreign facilities for the construction of major
components of such vessel: Provided further, That none of the funds
provided under this heading shall be used for the construction of any
naval vessel in foreign shipyards.
Other Procurement, Navy
For procurement, production, and modernization of support equipment
and materials not otherwise provided for, Navy ordnance (except ordnance
for new aircraft, new ships, and ships authorized for conversion); the
purchase of passenger motor vehicles for replacement only, and the
purchase of seven vehicles required for physical security of personnel,
notwithstanding price limitations applicable to passenger vehicles but
not to exceed $262,000 per vehicle; expansion of public and private
plants, including the land necessary therefor, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway,
[[Page 122 STAT. 3614]]
$5,250,627,000, to remain available for obligation until September 30,
2011.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare parts, and
accessories therefor; plant equipment, appliances, and machine tools,
and installation thereof in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; vehicles for the
Marine Corps, including the purchase of passenger motor vehicles for
replacement only; and expansion of public and private plants, including
land necessary therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title, $1,376,917,000, to remain available for obligation until
September 30, 2011.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft and
equipment, including armor and armament, specialized ground handling
equipment, and training devices, spare parts, and accessories therefor;
specialized equipment; expansion of public and private plants,
Government-owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes including rents and
transportation of things, $13,112,617,000, to remain available for
obligation until September 30, 2011.
Missile Procurement, Air Force
For construction, procurement, and modification of missiles,
spacecraft, rockets, and related equipment, including spare parts and
accessories therefor, ground handling equipment, and training devices;
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the foregoing
purposes including rents and transportation of things, $5,442,428,000,
to remain available for obligation until September 30, 2011.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including ammunition
facilities, authorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and
[[Page 122 STAT. 3615]]
machine tools in public and private plants; reserve plant and Government
and contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $859,466,000, to remain available for obligation
until September 30, 2011.
Other Procurement, Air Force
For procurement and modification of equipment (including ground
guidance and electronic control equipment, and ground electronic and
communication equipment), and supplies, materials, and spare parts
therefor, not otherwise provided for; the purchase of passenger motor
vehicles for replacement only, and the purchase of two vehicles required
for physical security of personnel, notwithstanding price limitations
applicable to passenger vehicles but not to exceed $262,000 per vehicle;
lease of passenger motor vehicles; and expansion of public and private
plants, Government-owned equipment and installation thereof in such
plants, erection of structures, and acquisition of land, for the
foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon, prior to approval of
title; reserve plant and Government and contractor-owned equipment
layaway, $16,052,569,000, to remain available for obligation until
September 30, 2011.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department of Defense
(other than the military departments) necessary for procurement,
production, and modification of equipment, supplies, materials, and
spare parts therefor, not otherwise provided for; the purchase of
passenger motor vehicles for replacement only; expansion of public and
private plants, equipment, and installation thereof in such plants,
erection of structures, and acquisition of land for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment layaway,
$3,306,269,000, to remain available for obligation until September 30,
2011.
National Guard and Reserve Equipment
For procurement of aircraft, missiles, tracked combat vehicles,
ammunition, other weapons, and other procurement for the reserve
components of the Armed Forces, $750,000,000, to remain available for
obligation until September 30, 2011, of which $480,000,000 shall be
available only for the Army
National <<NOTE: Deadline. Assessment.>> Guard: Provided, That the
Chiefs of the Reserve and National Guard components shall, not later
than 30 days after the enactment of this Act, individually submit to the
congressional defense committees the modernization priority assessment
for their respective Reserve or National Guard component.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to sections
108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C.
App. 2078, 2091, 2092, and 2093), $100,565,000, to remain available
until expended.
[[Page 122 STAT. 3616]]
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $12,060,111,000, to
remain available for obligation until September 30, 2010.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $19,764,276,000, to
remain available for obligation until September 30, 2010: Provided, That
funds appropriated in this paragraph which are available for the V-22
may be used to meet unique operational requirements of the Special
Operations Forces: Provided further, That funds appropriated in this
paragraph shall be available for the Cobra Judy program.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $27,084,340,000, to
remain available for obligation until September 30, 2010.
Research, Development, Test and Evaluation, Defense-Wide
For expenses of activities and agencies of the Department of Defense
(other than the military departments), necessary for basic and applied
scientific research, development, test and evaluation; advanced research
projects as may be designated and determined by the Secretary of
Defense, pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, $21,423,338,000, to remain
available for obligation until September 30, 2010: Provided, That of the
amount available under this heading for the Prompt Global Strike
Capability Development program, not less than one-fourth shall be
available for the Army Advanced Hypersonic Weapon initiative.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and Evaluation,
in the direction and supervision of operational test and evaluation,
including initial operational test and evaluation which is conducted
prior to, and in support of, production decisions; joint operational
testing and evaluation; and administrative expenses in connection
therewith, $188,772,000, to remain available for obligation until
September 30, 2010.
[[Page 122 STAT. 3617]]
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,489,234,000.
National Defense Sealift Fund
For National Defense Sealift Fund programs, projects, and
activities, and for expenses of the National Defense Reserve Fleet, as
established by section 11 of the Merchant Ship Sales Act of 1946 (50
U.S.C. App. 1744), and for the necessary expenses to maintain and
preserve a U.S.-flag merchant fleet to serve the national security needs
of the United States, $1,666,572,000, to remain available until
expended: Provided, That <<NOTE: Contracts.>> none of the funds provided
in this paragraph shall be used to award a new contract that provides
for the acquisition of any of the following major components unless such
components are manufactured in the United States: auxiliary equipment,
including pumps, for all shipboard services; propulsion system
components (that is; engines, reduction gears, and propellers);
shipboard cranes; and spreaders for shipboard cranes: Provided further,
That the exercise of an option in a contract awarded through the
obligation of previously appropriated funds shall not be considered to
be the award of a new <<NOTE: Waiver
authority. Certification.>> contract: Provided further, That the
Secretary of the military department responsible for such procurement
may waive the restrictions in the first proviso on a case-by-case basis
by certifying in writing to the Committees on Appropriations of the
House of Representatives and the Senate that adequate domestic supplies
are not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
(including transfer of funds)
For expenses, not otherwise provided for, for medical and health
care programs of the Department of Defense as authorized by law,
$25,825,832,000, of which $1,300,000,000 shall be derived by transfer
from the National Defense Stockpile Transaction Fund; of which
$24,611,369,000 shall be for operation and maintenance, of which not to
exceed one percent shall remain available until September 30, 2010, and
of which up to $13,217,751,000 may be available for contracts entered
into under the TRICARE program; of which $311,905,000, to remain
available for obligation until September 30, 2011, shall be for
procurement; and of which $902,558,000, to remain available for
obligation until September 30, 2010, shall be for research, development,
test and evaluation: Provided, That, notwithstanding any other provision
of law, of the amount made available under this heading for research,
development, test and evaluation, not less than $8,000,000 shall
[[Page 122 STAT. 3618]]
be available for HIV prevention educational activities undertaken in
connection with U.S. military training, exercises, and humanitarian
assistance activities conducted primarily in African nations.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical agents and
munitions, to include construction of facilities, in accordance with the
provisions of section 1412 of the Department of Defense Authorization
Act, 1986 (50 U.S.C. 1521), and for the destruction of other chemical
warfare materials that are not in the chemical weapon stockpile,
$1,505,634,000, of which $1,152,668,000 shall be for operation and
maintenance, of which no less than $103,198,000, shall be for the
Chemical Stockpile Emergency Preparedness Program, consisting of
$33,411,000 for activities on military installations and $69,787,000, to
remain available until September 30, 2010, to assist State and local
governments; $64,085,000 shall be for procurement, to remain available
until September 30, 2011, of which no less than $26,428,000 shall be for
the Chemical Stockpile Emergency Preparedness Program to assist State
and local governments; and $288,881,000, to remain available until
September 30, 2010, shall be for research, development, test and
evaluation, of which $283,219,000 shall only be for the Assembled
Chemical Weapons Alternatives (ACWA) program.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the Department
of Defense, for transfer to appropriations available to the Department
of Defense for military personnel of the reserve components serving
under the provisions of title 10 and title 32, United States Code; for
operation and maintenance; for procurement; and for research,
development, test and evaluation, $1,096,743,000: Provided, That the
funds appropriated under this heading shall be available for obligation
for the same time period and for the same purpose as the appropriation
to which transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority contained elsewhere in this Act.
Office of the Inspector General
For expenses and activities of the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of 1978, as
amended, $271,845,000, of which $270,445,000 shall be for operation and
maintenance, of which not to exceed $700,000 is available for
emergencies and extraordinary expenses to be expended on the approval or
authority of the Inspector General, and payments may be made on the
Inspector General's certificate of necessity for confidential military
purposes; and of which
[[Page 122 STAT. 3619]]
$1,400,000, to remain available until September 30, 2011, shall be for
procurement.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement and
Disability System Fund, to maintain the proper funding level for
continuing the operation of the Central Intelligence Agency Retirement
and Disability System, $279,200,000.
Intelligence Community Management Account
(including transfer of funds)
For necessary expenses of the Intelligence Community Management
Account, $710,042,000: Provided, That of the funds appropriated under
this heading, $44,000,000 shall be transferred to the Department of
Justice, of which $2,000,000 shall be for reimbursement of Air Force
personnel for the National Drug Intelligence Center to support the
Department of Defense's counter-drug intelligence responsibilities:
Provided further, That the National Drug Intelligence Center shall
maintain the personnel and technical resources to provide timely support
to law enforcement authorities and the intelligence community by
conducting document and computer exploitation of materials collected in
Federal, State, and local law enforcement activity associated with
counter-drug, counter-terrorism, and national security investigations
and operations.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. <<NOTE: 10 USC 1584 note.>> No part of any appropriation
contained in this Act shall be used for publicity or propaganda purposes
not authorized by the Congress.
Sec. 8002. During the current fiscal year, provisions of law
prohibiting the payment of compensation to, or employment of, any person
not a citizen of the United States shall not apply to personnel of the
Department <<NOTE: Wages.>> of Defense: Provided, That salary increases
granted to direct and indirect hire foreign national employees of the
Department of Defense funded by this Act shall not be at a rate in
excess of the percentage increase authorized by law for civilian
employees of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or at a rate
in excess of the percentage increase provided by the appropriate host
nation to its own employees, whichever is higher: Provided further, That
this section shall not apply to Department of Defense foreign service
national employees serving at United States diplomatic missions whose
pay is set by the Department of State under the Foreign Service Act of
1980: Provided further, That the limitations of this provision shall not
[[Page 122 STAT. 3620]]
apply to foreign national employees of the Department of Defense in the
Republic of Turkey.
Sec. 8003. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year, unless
expressly so provided herein.
Sec. 8004. No more than 20 percent of the appropriations in this Act
which are limited for obligation during the current fiscal year shall be
obligated during the last 2 months of the fiscal year: Provided, That
this section shall not apply to obligations for support of active duty
training of reserve components or summer camp training of the Reserve
Officers' Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense that such
action is necessary in the national interest, he may, with the approval
of the Office of Management and Budget, transfer not to exceed
$4,100,000,000 of working capital funds of the Department of Defense or
funds made available in this Act to the Department of Defense for
military functions (except military construction) between such
appropriations or funds or any subdivision thereof, to be merged with
and to be available for the same purposes, and for the same time period,
as the appropriation or fund to which transferred: Provided, That such
authority to transfer may not be used unless for higher priority items,
based on unforeseen military requirements, than those for which
originally appropriated and in no case where the item for which funds
are requested has been denied by the <<NOTE: Notification.>> Congress:
Provided further, That the Secretary of Defense shall notify the
Congress promptly of all transfers made pursuant to this authority or
any other authority in this Act: Provided further, That no part of the
funds in this Act shall be available to prepare or present a request to
the Committees on Appropriations for reprogramming of funds, unless for
higher priority items, based on unforeseen military requirements, than
those for which originally appropriated and in no case where the item
for which reprogramming is requested has been denied by
the <<NOTE: Deadline.>> Congress: Provided further, That a request for
multiple reprogrammings of funds using authority provided in this
section must be made prior to June 30, 2009: Provided further, That
transfers among military personnel appropriations shall not be taken
into account for purposes of the limitation on the amount of funds that
may be transferred under <<NOTE: Notification.>> this section: Provided
further, That no obligation of funds may be made pursuant to section
1206 of Public Law 109-163 (or any successor provision) unless the
Secretary of Defense has notified the congressional defense committees
prior to any such obligation.
Sec. 8006. (a) With regard to the list of specific programs,
projects, and activities (and the dollar amounts and adjustments to
budget activities corresponding to such programs, projects, and
activities) contained in the tables titled ``Explanation of Project
Level Adjustments'' in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act), the
obligation and expenditure of amounts appropriated or otherwise made
available in this Act for those programs, projects, and activities for
which the amounts appropriated exceed the amounts requested are hereby
required by law to be carried out in the manner provided by such tables
to the same extent as if the tables were included in the text of this
Act.
[[Page 122 STAT. 3621]]
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of appropriations
for purposes of section 8005 of this <<NOTE: Applicability.>> Act:
Provided, That section 8005 shall apply when transfers of the amounts
described in subsection (a) occur between appropriation accounts.
Sec. 8007. (a) <<NOTE: Deadline. Reports.>> Not later than 60 days
after enactment of this Act, the Department of Defense shall submit a
report to the congressional defense committees to establish the baseline
for application of reprogramming and transfer authorities for fiscal
year 2009: Provided, That the report shall include--
(1) a table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both
by budget activity and program, project, and activity as
detailed in the Budget Appendix; and
(3) an identification of items of special congressional
interest.
(b) <<NOTE: Certification.>> Notwithstanding section 8005 of this
Act, none of the funds provided in this Act shall be available for
reprogramming or transfer until the report identified in subsection (a)
is submitted to the congressional defense committees, unless the
Secretary of Defense certifies in writing to the congressional defense
committees that such reprogramming or transfer is necessary as an
emergency requirement.
Sec. 8008. The Secretaries of the Air Force and the Army are
authorized, using funds available under the headings ``Operation and
Maintenance, Air Force'' and ``Operation and Maintenance, Army'', to
complete facility conversions and phased repair projects which may
include upgrades and additions to Alaskan range infrastructure and
training areas, and improved access to these ranges.
(transfer of funds)
Sec. 8009. During the current fiscal year, cash balances in working
capital funds of the Department of Defense established pursuant to
section 2208 of title 10, United States Code, may be maintained in only
such amounts as are necessary at any time for cash disbursements to be
made from such funds: Provided, That transfers may be made between
such <<NOTE: Notification.>> funds: Provided further, That transfers may
be made between working capital funds and the ``Foreign Currency
Fluctuations, Defense'' appropriation and the ``Operation and
Maintenance'' appropriation accounts in such amounts as may be
determined by the Secretary of Defense, with the approval of the Office
of Management and Budget, except that such transfers may not be made
unless the Secretary of Defense has notified the Congress of the
proposed transfer. <<NOTE: Notification.>> Except in amounts equal to
the amounts appropriated to working capital funds in this Act, no
obligations may be made against a working capital fund to procure or
increase the value of war reserve material inventory, unless the
Secretary of Defense has notified the Congress prior to any such
obligation.
Sec. 8010. Funds <<NOTE: Notification. Deadline.>> appropriated by
this Act may not be used to initiate a special access program without
prior notification 30 calendar days in advance to the congressional
defense committees.
Sec. 8011. <<NOTE: Contracts. Notification. Deadline. 10 USC 2306b
note.>> None of the funds provided in this Act shall be available to
initiate: (1) a multiyear contract that employs economic
[[Page 122 STAT. 3622]]
order quantity procurement in excess of $20,000,000 in any one year of
the contract or that includes an unfunded contingent liability in excess
of $20,000,000; or (2) a contract for advance procurement leading to a
multiyear contract that employs economic order quantity procurement in
excess of $20,000,000 in any one year, unless the congressional defense
committees have been notified at least 30 days in advance of the
proposed contract award: Provided, That no part of any appropriation
contained in this Act shall be available to initiate a multiyear
contract for which the economic order quantity advance procurement is
not funded at least to the limits of the Government's liability:
Provided further, That no part of any appropriation contained in this
Act shall be available to initiate multiyear procurement contracts for
any systems or component thereof if the value of the multiyear contract
would exceed $500,000,000 unless specifically provided in this Act:
Provided further, That no multiyear procurement contract can be
terminated without 10-day prior notification to the congressional
defense committees: Provided further, That the execution of multiyear
authority shall require the use of a present value analysis to determine
lowest cost compared to an annual procurement: Provided further, That
none of the funds provided in this Act may be used for a multiyear
contract executed after the date of the enactment of
(1) the Secretary of Defense has submitted to Congress a
budget request for full funding of units to be procured through
the contract and, in the case of a contract for procurement of
aircraft, that includes, for any aircraft unit to be procured
through the contract for which procurement funds are requested
in that budget request for production beyond advance procurement
activities in the fiscal year covered by the budget, full
funding of procurement of such unit in that fiscal year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the contractor
associated with the production of unfunded units to be delivered
under the contract;
(3) the contract provides that payments to the contractor
under the contract shall not be made in advance of incurred
costs on funded units; and
(4) the contract does not provide for a price adjustment
based on a failure to award a follow-on contract.
Funds appropriated in title III of this Act may be used for a
multiyear procurement contract as follows:
SSN Virginia class submarine.
Sec. 8012. Within the funds appropriated for the operation and
maintenance of the Armed Forces, funds are hereby appropriated pursuant
to section 401 of title 10, United States Code, for humanitarian and
civic assistance costs under chapter 20 of title 10, United States Code.
Such funds may also be obligated for humanitarian and civic assistance
costs incidental to authorized operations and pursuant to authority
granted in section 401 of chapter 20 of title 10, United States Code,
and these obligations shall be reported as required by section 401(d) of
title 10, United States <<NOTE: Humanitarian
assistance. Territories.>> Code: Provided, That funds available for
operation and maintenance shall be available for providing humanitarian
and similar assistance by using Civic Action Teams in the Trust
Territories of the Pacific Islands and freely associated states of
Micronesia, pursuant to the Compact of Free Association as authorized
[[Page 122 STAT. 3623]]
by Public Law 99-239: Provided further, That upon a determination by the
Secretary of the Army that such action is beneficial for graduate
medical education programs conducted at Army medical facilities located
in Hawaii, the Secretary of the Army may authorize the provision of
medical services at such facilities and transportation to such
facilities, on a nonreimbursable basis, for civilian patients from
American Samoa, the Commonwealth of the Northern Mariana Islands, the
Marshall Islands, the Federated States of Micronesia, Palau, and Guam.
Sec. 8013. (a) During fiscal year 2009, the civilian personnel of
the Department of Defense may not be managed on the basis of any end-
strength, and the management of such personnel during that fiscal year
shall not be subject to any constraint or limitation (known as an end-
strength) on the number of such personnel who may be employed on the
last day of such fiscal year.
(b) The fiscal year 2010 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2010 Department of Defense budget request
shall be prepared and submitted to the Congress as if subsections (a)
and (b) of this provision were effective with regard to fiscal year
2010.
(c) Nothing in this section shall be construed to apply to military
(civilian) technicians.
Sec. 8014. <<NOTE: Lobbying.>> None of the funds made available by
this Act shall be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation matters pending
before the Congress.
Sec. 8015. None of the funds appropriated by this Act shall be
available for the basic pay and allowances of any member of the Army
participating as a full-time student and receiving benefits paid by the
Secretary of Veterans Affairs from the Department of Defense Education
Benefits Fund when time spent as a full-time student is credited toward
completion of a service commitment: Provided, That this section shall
not apply to those members who have reenlisted with this option prior to
October 1, <<NOTE: Applicability.>> 1987: Provided further, That this
section applies only to active components of the Army.
Sec. 8016. <<NOTE: Contracts. Outsourcing.>> (a) None of the funds
appropriated by this Act shall be available to convert to contractor
performance an activity or function of the Department of Defense that,
on or after the date of the enactment of this Act, is performed by more
than 10 Department of Defense civilian employees unless--
(1) the conversion is based on the result of a public-
private competition that includes a most efficient and cost
effective organization plan developed by such activity or
function;
(2) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers for
performance of the activity or function, the cost of performance
of the activity or function by a contractor would be less costly
to the Department of Defense by an amount that equals or exceeds
the lesser of--
(A) 10 percent of the most efficient organization's
personnel-related costs for performance of that activity
or function by Federal employees; or
(B) $10,000,000; and
[[Page 122 STAT. 3624]]
(3) the contractor does not receive an advantage for a
proposal that would reduce costs for the Department of Defense
by--
(A) not making an employer-sponsored health
insurance plan available to the workers who are to be
employed in the performance of that activity or function
under the contract; or
(B) offering to such workers an employer-sponsored
health benefits plan that requires the employer to
contribute less towards the premium or subscription
share than the amount that is paid by the Department of
Defense for health benefits for civilian employees under
chapter 89 of title 5, United States Code.
(b)(1) The Department of Defense, without regard to subsection (a)
of this section or subsection (a), (b), or (c) of section 2461 of title
10, United States Code, and notwithstanding any administrative
regulation, requirement, or policy to the contrary shall have full
authority to enter into a contract for the performance of any commercial
or industrial type function of the Department of Defense that--
(A) is included on the procurement list established pursuant
to section 2 of the Javits-Wagner-O'Day Act (41 U.S.C. 47);
(B) is planned to be converted to performance by a qualified
nonprofit agency for the blind or by a qualified nonprofit
agency for other severely handicapped individuals in accordance
with that Act; or
(C) is planned to be converted to performance by a qualified
firm under at least 51 percent ownership by an Indian tribe, as
defined in section 4(e) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b(e)), or a Native
Hawaiian Organization, as defined in section 8(a)(15) of the
Small Business Act (15 U.S.C. 637(a)(15)).
(2) This section shall not apply to depot contracts or contracts for
depot maintenance as provided in sections 2469 and 2474 of title 10,
United States Code.
(c) The conversion of any activity or function of the Department of
Defense under the authority provided by this section shall be credited
toward any competitive or outsourcing goal, target, or measurement that
may be established by statute, regulation, or policy and is deemed to be
awarded under the authority of, and in compliance with, subsection (h)
of section 2304 of title 10, United States Code, for the competition or
outsourcing of commercial activities.
(transfer of funds)
Sec. 8017. Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be transferred to
any other appropriation contained in this Act solely for the purpose of
implementing a Mentor-Protege Program developmental assistance agreement
pursuant to section 831 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), as amended,
under the authority of this provision or any other transfer authority
contained in this Act.
Sec. 8018. <<NOTE: Vessels.>> None of the funds in this Act may be
available for the purchase by the Department of Defense (and its
departments and agencies) of welded shipboard anchor and mooring chain 4
[[Page 122 STAT. 3625]]
inches in diameter and under unless the anchor and mooring chain are
manufactured in the United States from components which are
substantially manufactured in the United States: Provided, That for the
purpose of this section manufactured will include cutting, heat
treating, quality control, testing of chain and welding (including the
forging and shot blasting process): Provided further, That for the
purpose of this section substantially all of the components of anchor
and mooring chain shall be considered to be produced or manufactured in
the United States if the aggregate cost of the components produced or
manufactured in the United States exceeds the aggregate cost of the
components produced or manufactured outside the United <<NOTE: Waiver
authority. Certification.>> States: Provided further, That when adequate
domestic supplies are not available to meet Department of Defense
requirements on a timely basis, the Secretary of the service responsible
for the procurement may waive this restriction on a case-by-case basis
by certifying in writing to the Committees on Appropriations that such
an acquisition must be made in order to acquire capability for national
security purposes.
Sec. 8019. <<NOTE: Ammunition.>> None of the funds available to the
Department of Defense may be used to demilitarize or dispose of M-1
Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber rifles, .30
caliber rifles, or M-1911 pistols.
Sec. 8020. No more than $500,000 of the funds appropriated or made
available in this Act shall be used during a single fiscal year for any
single relocation of an organization, unit, activity or function of the
Department of Defense into or within the National Capital <<NOTE: Waiver
authority. Certification.>> Region: Provided, That the Secretary of
Defense may waive this restriction on a case-by-case basis by certifying
in writing to the congressional defense committees that such a
relocation is required in the best interest of the Government.
Sec. 8021. <<NOTE: Contracts.>> In addition to the funds provided
elsewhere in this Act, $15,000,000 is appropriated only for incentive
payments authorized by section 504 of the Indian Financing Act of 1974
(25 U.S.C. 1544): Provided, That a prime contractor or a subcontractor
at any tier that makes a subcontract award to any subcontractor or
supplier as defined in section 1544 of title 25, United States Code, or
a small business owned and controlled by an individual or individuals
defined under section 4221(9) of title 25, United States Code, shall be
considered a contractor for the purposes of being allowed additional
compensation under section 504 of the Indian Financing Act of 1974 (25
U.S.C. 1544) whenever the prime contract or subcontract amount is over
$500,000 and involves the expenditure of funds appropriated by an Act
making Appropriations for the Department of Defense with respect to any
fiscal <<NOTE: Applicability.>> year: Provided further, That
notwithstanding section 430 of title 41, United States Code, this
section shall be applicable to any Department of Defense acquisition of
supplies or services, including any contract and any subcontract at any
tier for acquisition of commercial items produced or manufactured, in
whole or in part by any subcontractor or supplier defined in section
1544 of title 25, United States Code, or a small business owned and
controlled by an individual or individuals defined under section 4221(9)
of title 25, United States Code.
Sec. 8022. Funds appropriated by this Act for the Defense Media
Activity shall not be used for any national or international political
or psychological activities.
[[Page 122 STAT. 3626]]
Sec. 8023. None of the funds appropriated by this Act shall be
available to perform any cost study pursuant to the provisions of OMB
Circular A-76 if the study being performed exceeds a period of 24 months
after initiation of such study with respect to a single function
activity or 30 months after initiation of such study for a multi-
function activity.
Sec. 8024. <<NOTE: Kuwait.>> During the current fiscal year, the
Department of Defense is authorized to incur obligations of not to
exceed $350,000,000 for purposes specified in section 2350j(c) of title
10, United States Code, in anticipation of receipt of contributions,
only from the Government of Kuwait, under that section: Provided, That
upon receipt, such contributions from the Government of Kuwait shall be
credited to the appropriations or fund which incurred such obligations.
Sec. 8025. (a) Of the funds made available in this Act, not less
than $34,929,000 shall be available for the Civil Air Patrol
Corporation, of which--
(1) $26,605,000 shall be available from ``Operation and
Maintenance, Air Force'' to support Civil Air Patrol Corporation
operation and maintenance, readiness, counterdrug activities,
and drug demand reduction activities involving youth programs;
(2) $7,435,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $889,000 shall be available from ``Other Procurement,
Air Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive reimbursement for
any funds used by the Civil Air Patrol for counter-drug activities in
support of Federal, State, and local government agencies.
Sec. 8026. (a) None of the funds appropriated in this Act are
available to establish a new Department of Defense (department)
federally funded research and development center (FFRDC), either as a
new entity, or as a separate entity administrated by an organization
managing another FFRDC, or as a nonprofit membership corporation
consisting of a consortium of other FFRDCs and other non-profit
entities.
(b) No member of a Board of Directors, Trustees, Overseers, Advisory
Group, Special Issues Panel, Visiting Committee, or any similar entity
of a defense FFRDC, and no paid consultant to any defense FFRDC, except
when acting in a technical advisory capacity, may be compensated for his
or her services as a member of such entity, or as a paid consultant by
more than one FFRDC in a fiscal year: Provided, That a member of any
such entity referred to previously in this subsection shall be allowed
travel expenses and per diem as authorized under the Federal Joint
Travel Regulations, when engaged in the performance of membership
duties.
(c) Notwithstanding any other provision of law, none of the funds
available to the department from any source during fiscal year 2009 may
be used by a defense FFRDC, through a fee or other payment mechanism,
for construction of new buildings, for payment of cost sharing for
projects funded by Government grants, for absorption of contract
overruns, or for certain charitable contributions, not to include
employee participation in community service and/or development.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 2009, not more than 5,600
staff years of technical effort (staff years) may be funded
[[Page 122 STAT. 3627]]
for defense FFRDCs: Provided, That of the specific amount referred to
previously in this subsection, not more than 1,100 staff years may be
funded for the defense studies and analysis FFRDCs: Provided further,
That this subsection shall not apply to staff years funded in the
National Intelligence Program (NIP) and the Military Intelligence
Program (MIP).
(e) <<NOTE: Reports.>> The Secretary of Defense shall, with the
submission of the department's fiscal year 2010 budget request, submit a
report presenting the specific amounts of staff years of technical
effort to be allocated for each defense FFRDC during that fiscal year
and the associated budget estimates.
(f) Notwithstanding any other provision of this Act, the total
amount appropriated in this Act for FFRDCs is hereby reduced by
$84,000,000.
Sec. 8027. None of the funds appropriated or made available in this
Act shall be used to procure carbon, alloy or armor steel plate for use
in any Government-owned facility or property under the control of the
Department of Defense which were not melted and rolled in the United
States or <<NOTE: Contracts. Applicability.>> Canada: Provided, That
these procurement restrictions shall apply to any and all Federal Supply
Class 9515, American Society of Testing and Materials (ASTM) or American
Iron and Steel Institute (AISI) specifications of carbon, alloy or armor
steel <<NOTE: Waiver authority. Certification.>> plate: Provided
further, That the Secretary of the military department responsible for
the procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further, That these
restrictions shall not apply to contracts which are in being as of the
date of the enactment of this Act.
Sec. 8028. <<NOTE: 10 USC 101 note.>> For the purposes of this Act,
the term ``congressional defense committees'' means the Armed Services
Committee of the House of Representatives, the Armed Services Committee
of the Senate, the Subcommittee on Defense of the Committee on
Appropriations of the Senate, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives.
Sec. 8029. During the current fiscal year, the Department of Defense
may acquire the modification, depot maintenance and repair of aircraft,
vehicles and vessels as well as the production of components and other
Defense-related articles, through competition between Department of
Defense depot maintenance activities and private firms:
Provided, <<NOTE: Certification.>> That the Senior Acquisition Executive
of the military department or Defense Agency concerned, with power of
delegation, shall certify that successful bids include comparable
estimates of all direct and indirect costs for both public and private
bids: Provided further, That Office of Management and Budget Circular A-
76 shall not apply to competitions conducted under this section.
Sec. 8030. <<NOTE: 41 USC 10b-2 note.>> (a)(1) If the Secretary of
Defense, after consultation with the United States Trade Representative,
determines that a foreign country which is party to an agreement
described in paragraph (2) has violated the terms of the agreement by
discriminating against certain types of products produced in the United
States that are covered by the agreement, the Secretary of Defense shall
rescind the Secretary's blanket waiver of the Buy American Act
[[Page 122 STAT. 3628]]
with respect to such types of products produced in that foreign country.
(2) An agreement referred to in paragraph (1) is any reciprocal
defense procurement memorandum of understanding, between the United
States and a foreign country pursuant to which the Secretary of Defense
has prospectively waived the Buy American Act for certain products in
that country.
(b) <<NOTE: Reports.>> The Secretary of Defense shall submit to the
Congress a report on the amount of Department of Defense purchases from
foreign entities in fiscal year 2009. Such report shall separately
indicate the dollar value of items for which the Buy American Act was
waived pursuant to any agreement described in subsection (a)(2), the
Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any
international agreement to which the United States is a party.
(c) For purposes of this section, the term ``Buy American Act''
means title III of the Act entitled ``An Act making appropriations for
the Treasury and Post Office Departments for the fiscal year ending June
30, 1934, and for other purposes'', approved March 3, 1933 (41 U.S.C.
10a et seq.).
Sec. 8031. During the current fiscal year, amounts contained in the
Department of Defense Overseas Military Facility Investment Recovery
Account established by section 2921(c)(1) of the National Defense
Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 2687 note)
shall be available until expended for the payments specified by section
2921(c)(2) of that Act.
Sec. 8032. <<NOTE: Housing. Native Americans. State listing.>> (a)
Notwithstanding any other provision of law, the Secretary of the Air
Force may convey at no cost to the Air Force, without consideration, to
Indian tribes located in the States of North Dakota, South Dakota,
Montana, and Minnesota relocatable military housing units located at
Grand Forks Air Force Base and Minot Air Force Base that are excess to
the needs of the Air Force.
(b) The Secretary of the Air Force shall convey, at no cost to the
Air Force, military housing units under subsection (a) in accordance
with the request for such units that are submitted to the Secretary by
the Operation Walking Shield Program on behalf of Indian tribes located
in the States of North Dakota, South Dakota, Montana, and Minnesota.
(c) The Operation Walking Shield Program shall resolve any conflicts
among requests of Indian tribes for housing units under subsection (a)
before submitting requests to the Secretary of the Air Force under
subsection (b).
(d) In this section, the term ``Indian tribe'' means any recognized
Indian tribe included on the current list published by the Secretary of
the Interior under section 104 of the Federally Recognized Indian Tribe
Act of 1994 (Public Law 103-454; 108 Stat. 4792; 25 U.S.C. 479a-1).
Sec. 8033. During the current fiscal year, appropriations which are
available to the Department of Defense for operation and maintenance may
be used to purchase items having an investment item unit cost of not
more than $250,000.
Sec. 8034. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense Working
Capital Funds shall be used for the purchase of an investment item for
the purpose of acquiring a new inventory item for
[[Page 122 STAT. 3629]]
sale or anticipated sale during the current fiscal year or a subsequent
fiscal year to customers of the Department of Defense Working Capital
Funds if such an item would not have been chargeable to the Department
of Defense Business Operations Fund during fiscal year 1994 and if the
purchase of such an investment item would be chargeable during the
current fiscal year to appropriations made to the Department of Defense
for procurement.
(b) <<NOTE: Federal budget.>> The fiscal year 2010 budget request
for the Department of Defense as well as all justification material and
other documentation supporting the fiscal year 2010 Department of
Defense budget shall be prepared and submitted to the Congress on the
basis that any equipment which was classified as an end item and funded
in a procurement appropriation contained in this Act shall be budgeted
for in a proposed fiscal year 2010 procurement appropriation and not in
the supply management business area or any other area or category of the
Department of Defense Working Capital Funds.
Sec. 8035. None of the funds appropriated by this Act for programs
of the Central Intelligence Agency shall remain available for obligation
beyond the current fiscal year, except for funds appropriated for the
Reserve for Contingencies, which shall remain available until September
30, <<NOTE: 50 USC 403u note.>> 2010: Provided, That funds appropriated,
transferred, or otherwise credited to the Central Intelligence Agency
Central Services Working Capital Fund during this or any prior or
subsequent fiscal year shall remain available until expended: Provided
further, That any funds appropriated or transferred to the Central
Intelligence Agency for advanced research and development acquisition,
for agent operations, and for covert action programs authorized by the
President under section 503 of the National Security Act of 1947, as
amended, shall remain available until September 30, 2010.
Sec. 8036. Notwithstanding any other provision of law, funds made
available in this Act for the Defense Intelligence Agency may be used
for the design, development, and deployment of General Defense
Intelligence Program intelligence communications and intelligence
information systems for the Services, the Unified and Specified
Commands, and the component commands.
Sec. 8037. Of the funds appropriated to the Department of Defense
under the heading ``Operation and Maintenance, Defense-Wide'', not less
than $12,000,000 shall be made available only for the mitigation of
environmental impacts, including training and technical assistance to
tribes, related administrative support, the gathering of information,
documenting of environmental damage, and developing a system for
prioritization of mitigation and cost to complete estimates for
mitigation, on Indian lands resulting from Department of Defense
activities.
Sec. 8038. (a) None of the funds appropriated in this Act may be
expended by an entity of the Department of Defense unless the entity, in
expending the funds, complies with the Buy American Act. For purposes of
this subsection, the term ``Buy American Act'' means title III of the
Act entitled ``An Act making appropriations for the Treasury and Post
Office Departments for the fiscal year ending June 30, 1934, and for
other purposes'', approved March 3, 1933 (41 U.S.C. 10a et seq.).
(b) <<NOTE: Labeling. Fraud.>> If the Secretary of Defense
determines that a person has been convicted of intentionally affixing a
label bearing a ``Made in America'' inscription to any product sold in
or shipped to the
[[Page 122 STAT. 3630]]
United States that is not made in America, the Secretary shall
determine, in accordance with section 2410f of title 10, United States
Code, whether the person should be debarred from contracting with the
Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Congress
that any entity of the Department of Defense, in expending the
appropriation, purchase only American-made equipment and products,
provided that American-made equipment and products are cost-competitive,
quality-competitive, and available in a timely fashion.
Sec. 8039. <<NOTE: Contracts.>> None of the funds appropriated by
this Act shall be available for a contract for studies, analysis, or
consulting services entered into without competition on the basis of an
unsolicited proposal unless the head of the activity responsible for the
procurement determines--
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work;
(2) the purpose of the contract is to explore an unsolicited
proposal which offers significant scientific or technological
promise, represents the product of original thinking, and was
submitted in confidence by one source; or
(3) the purpose of the contract is to take advantage of
unique and significant industrial accomplishment by a specific
concern, or to insure that a new product or idea of a specific
concern is given financial support: Provided, That this
limitation shall not apply to contracts in an amount of less
than $25,000, contracts related to improvements of equipment
that is in development or production, or contracts as to which a
civilian official of the Department of Defense, who has been
confirmed by the Senate, determines that the award of such
contract is in the interest of the national defense.
Sec. 8040. (a) Except as provided in subsections (b) and (c), none
of the funds made available by this Act may be used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee's place of duty remains at the location of that
headquarters.
(b) <<NOTE: Waiver authority. Certification.>> The Secretary of
Defense or Secretary of a military department may waive the limitations
in subsection (a), on a case-by-case basis, if the Secretary determines,
and certifies to the Committees on Appropriations of the House of
Representatives and Senate that the granting of the waiver will reduce
the personnel requirements or the financial requirements of the
department.
(c) This section does not apply to--
(1) field operating agencies funded within the National
Intelligence Program; or
(2) an Army field operating agency established to eliminate,
mitigate, or counter the effects of improvised explosive
devices, and, as determined by the Secretary of the Army, other
similar threats.
Sec. 8041. The Secretary of Defense, notwithstanding any other
provision of law, acting through the Office of Economic Adjustment of
the Department of Defense, may use funds made available in this Act
under the heading ``Operation and Maintenance, Defense-
[[Page 122 STAT. 3631]]
Wide'' to make grants and supplement other Federal funds in accordance
with the guidance provided in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act).
(rescissions)
Sec. 8042. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts:
``Aircraft Procurement, Army'', 2008/2010, $174,600,000;
``Procurement of Ammunition, Army'', 2008/2010, $69,200,000;
``Shipbuilding and Conversion, Navy'', 2008/2012,
$337,000,000;
``Research, Development, Test and Evaluation, Army'', 2008/
2009, $49,800,000;
``Research, Development, Test and Evaluation, Air Force'',
2008/2009, $300,073,000;
``Research, Development, Test and Evaluation, Defense-
Wide'', 2008/2009, $150,000,000; and
``Tanker Replacement Transfer Fund'', $239,800,000.
Sec. 8043. None of the funds available in this Act may be used to
reduce the authorized positions for military (civilian) technicians of
the Army National Guard, Air National Guard, Army Reserve and Air Force
Reserve for the purpose of applying any administratively imposed
civilian personnel ceiling, freeze, or reduction on military (civilian)
technicians, unless such reductions are a direct result of a reduction
in military force structure.
Sec. 8044. <<NOTE: North Korea.>> None of the funds appropriated or
otherwise made available in this Act may be obligated or expended for
assistance to the Democratic People's Republic of Korea unless
specifically appropriated for that purpose.
Sec. 8045. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant Commands and Defense
Agencies shall be available for reimbursement of pay, allowances and
other expenses which would otherwise be incurred against appropriations
for the National Guard and Reserve when members of the National Guard
and Reserve provide intelligence or counterintelligence support to
Combatant Commands, Defense Agencies and Joint Intelligence Activities,
including the activities and programs included within the National
Intelligence Program and the Military Intelligence Program: Provided,
That nothing in this section authorizes deviation from established
Reserve and National Guard personnel and training procedures.
Sec. 8046. During the current fiscal year, none of the funds
appropriated in this Act may be used to reduce the civilian medical and
medical support personnel assigned to military treatment facilities
below the September 30, 2003, <<NOTE: Waiver
authority. Certification.>> level: Provided, That the Service Surgeons
General may waive this section by certifying to the congressional
defense committees that the beneficiary population is declining in some
catchment areas and civilian strength reductions may be consistent with
responsible resource stewardship and capitation-based budgeting.
Sec. 8047. <<NOTE: 10 USC 374 note.>> (a) None of the funds
available to the Department of Defense for any fiscal year for drug
interdiction or counter-drug activities may be transferred to any other
department or
[[Page 122 STAT. 3632]]
agency of the United States except as specifically provided in an
appropriations law.
(b) <<NOTE: 50 USC 403f note.>> None of the funds available to the
Central Intelligence Agency for any fiscal year for drug interdiction
and counter-drug activities may be transferred to any other department
or agency of the United States except as specifically provided in an
appropriations law.
Sec. 8048. <<NOTE: Ball bearings.>> None of the funds appropriated
by this Act may be used for the procurement of ball and roller bearings
other than those produced by a domestic source and of
domestic <<NOTE: Waiver authority. Certification.>> origin: Provided,
That the Secretary of the military department responsible for such
procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate, that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes:
Provided <<NOTE: Applicability.>> further, That this restriction shall
not apply to the purchase of ``commercial items'', as defined by section
4(12) of the Office of Federal Procurement Policy Act, except that the
restriction shall apply to ball or roller bearings purchased as end
items.
Sec. 8049. <<NOTE: Certification.>> None of the funds in this Act
may be used to purchase any supercomputer which is not manufactured in
the United States, unless the Secretary of Defense certifies to the
congressional defense committees that such an acquisition must be made
in order to acquire capability for national security purposes that is
not available from United States manufacturers.
Sec. 8050. None of the funds made available in this or any other Act
may be used to pay the salary of any officer or employee of the
Department of Defense who approves or implements the transfer of
administrative responsibilities or budgetary resources of any program,
project, or activity financed by this Act to the jurisdiction of another
Federal agency not financed by this Act without the express
authorization of Congress: Provided, That this limitation shall not
apply to transfers of funds expressly provided for in Defense
Appropriations Acts, or provisions of Acts providing supplemental
appropriations for the Department of Defense.
Sec. 8051. (a) <<NOTE: Notification. Deadline.>> Notwithstanding any
other provision of law, none of the funds available to the Department of
Defense for the current fiscal year may be obligated or expended to
transfer to another nation or an international organization any defense
articles or services (other than intelligence services) for use in the
activities described in subsection (b) unless the congressional defense
committees, the Committee on International Relations of the House of
Representatives, and the Committee on Foreign Relations of the Senate
are notified 15 days in advance of such transfer.
(b) <<NOTE: Applicability.>> This section applies to--
(1) any international peacekeeping or peace-enforcement
operation under the authority of chapter VI or chapter VII of
the United Nations Charter under the authority of a United
Nations Security Council resolution; and
(2) any other international peacekeeping, peace-enforcement,
or humanitarian assistance operation.
(c) A notice under subsection (a) shall include the following--
(1) A description of the equipment, supplies, or services to
be transferred.
[[Page 122 STAT. 3633]]
(2) A statement of the value of the equipment, supplies, or
services to be transferred.
(3) In the case of a proposed transfer of equipment or
supplies--
(A) a statement of whether the inventory
requirements of all elements of the Armed Forces
(including the reserve components) for the type of
equipment or supplies to be transferred have been met;
and
(B) a statement of whether the items proposed to be
transferred will have to be replaced and, if so, how the
President proposes to provide funds for such
replacement.
Sec. 8052. <<NOTE: Contracts.>> None of the funds available to the
Department of Defense under this Act shall be obligated or expended to
pay a contractor under a contract with the Department of Defense for
costs of any amount paid by the contractor to an employee when--
(1) such costs are for a bonus or otherwise in excess of the
normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated
with a business combination.
(including transfer of funds)
Sec. 8053. During the current fiscal year, no more than $30,000,000
of appropriations made in this Act under the heading ``Operation and
Maintenance, Defense-Wide'' may be transferred to appropriations
available for the pay of military personnel, to be merged with, and to
be available for the same time period as the appropriations to which
transferred, to be used in support of such personnel in connection with
support and services for eligible organizations and activities outside
the Department of Defense pursuant to section 2012 of title 10, United
States Code.
Sec. 8054. During the current fiscal year, in the case of an
appropriation account of the Department of Defense for which the period
of availability for obligation has expired or which has closed under the
provisions of section 1552 of title 31, United States Code, and which
has a negative unliquidated or unexpended balance, an obligation or an
adjustment of an obligation may be charged to any current appropriation
account for the same purpose as the expired or closed account if--
(1) the obligation would have been properly chargeable
(except as to amount) to the expired or closed account before
the end of the period of availability or closing of that
account;
(2) the obligation is not otherwise properly chargeable to
any current appropriation account of the Department of Defense;
and
(3) in the case of an expired account, the obligation is not
chargeable to a current appropriation of the Department of
Defense under the provisions of section 1405(b)(8) of the
National Defense Authorization Act for Fiscal Year 1991, Public
Law 101-510, as amended (31 U.S.C. 1551 note): Provided, That in
the case of an expired account, if subsequent review or
investigation discloses that there was not in fact a negative
unliquidated or unexpended balance in the account, any charge to
a current account under the authority of this section shall be
reversed and recorded against the expired account: Provided
[[Page 122 STAT. 3634]]
further, That the total amount charged to a current
appropriation under this section may not exceed an amount equal
to 1 percent of the total appropriation for that account.
Sec. 8055. (a) Notwithstanding any other provision of law, the Chief
of the National Guard Bureau may permit the use of equipment of the
National Guard Distance Learning Project by any person or entity on a
space-available, reimbursable basis. The Chief of the National Guard
Bureau shall establish the amount of reimbursement for such use on a
case-by-case basis.
(b) Amounts collected under subsection (a) shall be credited to
funds available for the National Guard Distance Learning Project and be
available to defray the costs associated with the use of equipment of
the project under that subsection. Such funds shall be available for
such purposes without fiscal year limitation.
Sec. 8056. <<NOTE: Germany.>> Using funds available by this Act or
any other Act, the Secretary of the Air Force, pursuant to a
determination under section 2690 of title 10, United States Code, may
implement cost-effective agreements for required heating facility
modernization in the Kaiserslautern Military Community in the Federal
Republic of Germany: Provided, That in the City of Kaiserslautern such
agreements will include the use of United States anthracite as the base
load energy for municipal district heat to the United States Defense
installations: Provided further, That at Landstuhl Army Regional Medical
Center and Ramstein Air Base, furnished heat may be obtained from
private, regional or municipal services, if provisions are included for
the consideration of United States coal as an energy source.
Sec. 8057. None of the funds appropriated in title IV of this Act
may be used to procure end-items for delivery to military forces for
operational training, operational use or inventory requirements:
Provided, That this restriction does not apply to end-items used in
development, prototyping, and test activities preceding and leading to
acceptance for operational use: Provided further, That this restriction
does not apply to programs funded within the National
Intelligence <<NOTE: Waiver authority. Certification.>> Program:
Provided further, That the Secretary of Defense may waive this
restriction on a case-by-case basis by certifying in writing to the
Committees on Appropriations of the House of Representatives and the
Senate that it is in the national security interest to do so.
Sec. 8058. <<NOTE: Medical supplies and equipment. American
Samoa. Native Americans. 10 USC 2241 note.>> Notwithstanding any other
provision of law, funds available to the Department of Defense in this
Act, and hereafter, shall be made available to provide transportation of
medical supplies and equipment, on a nonreimbursable basis, to American
Samoa, and funds available to the Department of Defense shall be made
available to provide transportation of medical supplies and equipment,
on a nonreimbursable basis, to the Indian Health Service when it is in
conjunction with a civil-military project.
Sec. 8059. None of the funds made available in this Act may be used
to approve or license the sale of the F-22A advanced tactical fighter to
any foreign government.
Sec. 8060. <<NOTE: Waiver authority. Contracts.>> (a) The Secretary
of Defense may, on a case-by-case basis, waive with respect to a foreign
country each limitation on the procurement of defense items from foreign
sources provided in law if the Secretary determines that the application
of the limitation with respect to that country would invalidate
cooperative programs entered into between the Department of Defense and
the foreign country, or would invalidate reciprocal trade agreements
[[Page 122 STAT. 3635]]
for the procurement of defense items entered into under section 2531 of
title 10, United States Code, and the country does not discriminate
against the same or similar defense items produced in the United States
for that country.
(b) <<NOTE: Applicability.>> Subsection (a) applies with respect
to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason other
than the application of a waiver granted under subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food, and
clothing or textile materials as defined by section 11 (chapters 50-65)
of the Harmonized Tariff Schedule and products classified under headings
4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 7229,
7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109,
8211, 8215, and 9404.
Sec. 8061. <<NOTE: Human rights.>> (a) None of the funds made
available by this Act may be used to support any training program
involving a unit of the security forces of a foreign country if the
Secretary of Defense has received credible information from the
Department of State that the unit has committed a gross violation of
human rights, unless all necessary corrective steps have been taken.
(b) The Secretary of Defense, in consultation with the Secretary of
State, shall ensure that prior to a decision to conduct any training
program referred to in subsection (a), full consideration is given to
all credible information available to the Department of State relating
to human rights violations by foreign security forces.
(c) <<NOTE: Waiver authority.>> The Secretary of Defense, after
consultation with the Secretary of State, may waive the prohibition in
subsection (a) if he determines that such waiver is required by
extraordinary circumstances.
(d) <<NOTE: Deadline. Reports.>> Not more than 15 days after the
exercise of any waiver under subsection (c), the Secretary of Defense
shall submit a report to the congressional defense committees describing
the extraordinary circumstances, the purpose and duration of the
training program, the United States forces and the foreign security
forces involved in the training program, and the information relating to
human rights violations that necessitates the waiver.
Sec. 8062. None of the funds appropriated or made available in this
Act to the Department of the Navy shall be used to develop, lease or
procure the T-AKE class of ships unless the main propulsion diesel
engines and propulsors are manufactured in the United States by a
domestically operated <<NOTE: Waiver authority. Certification.>> entity:
Provided, That the Secretary of Defense may waive this restriction on a
case-by-case basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the Senate that
adequate domestic supplies are not available to meet Department of
Defense requirements on a timely basis and that such an acquisition must
be made in order to acquire capability for national security purposes or
there exists a significant cost or quality difference.
Sec. 8063. None of the funds appropriated or otherwise made
available by this or other Department of Defense Appropriations Acts may
be obligated or expended for the purpose of performing repairs or
maintenance to military family housing units of the
[[Page 122 STAT. 3636]]
Department of Defense, including areas in such military family housing
units that may be used for the purpose of conducting official Department
of Defense business.
Sec. 8064. <<NOTE: Reports.>> Notwithstanding any other provision of
law, funds appropriated in this Act under the heading ``Research,
Development, Test and Evaluation, Defense-Wide'' for any new start
advanced concept technology demonstration project or joint capability
demonstration project may only be obligated 30 days after a report,
including a description of the project, the planned acquisition and
transition strategy and its estimated annual and total cost, has been
provided in writing to the congressional defense committees:
Provided, <<NOTE: Waiver authority. Certification.>> That the Secretary
of Defense may waive this restriction on a case-by-case basis by
certifying to the congressional defense committees that it is in the
national interest to do so.
Sec. 8065. <<NOTE: Classified information. Reports. Deadline.>> The
Secretary of Defense shall provide a classified quarterly report
beginning 30 days after enactment of this Act, to the House and Senate
Appropriations Committees, Subcommittees on Defense on certain matters
as directed in the classified annex accompanying this Act.
Sec. 8066. During the current fiscal year, none of the funds
available to the Department of Defense may be used to provide support to
another department or agency of the United States if such department or
agency is more than 90 days in arrears in making payment to the
Department of Defense for goods or services previously provided to such
department or agency on a reimbursable basis: Provided, That this
restriction shall not apply if the department is authorized by law to
provide support to such department or agency on a nonreimbursable basis,
and is providing the requested support pursuant to such <<NOTE: Waiver
authority. Certification.>> authority: Provided further, That the
Secretary of Defense may waive this restriction on a case-by-case basis
by certifying in writing to the Committees on Appropriations of the
House of Representatives and the Senate that it is in the national
security interest to do so.
Sec. 8067. Notwithstanding section 12310(b) of title 10, United
States Code, a Reserve who is a member of the National Guard serving on
full-time National Guard duty under section 502(f) of title 32, United
States Code, may perform duties in support of the ground-based elements
of the National Ballistic Missile Defense System.
Sec. 8068. <<NOTE: Ammunition.>> None of the funds provided in this
Act may be used to transfer to any nongovernmental entity ammunition
held by the Department of Defense that has a center-fire cartridge and a
United States military nomenclature designation of ``armor penetrator'',
``armor piercing (AP)'', ``armor piercing incendiary (API)'', or
``armor-piercing incendiary-tracer (API-T)'', except to an entity
performing demilitarization services for the Department of Defense under
a contract that requires the entity to demonstrate to the satisfaction
of the Department of Defense that armor piercing projectiles are either:
(1) rendered incapable of reuse by the demilitarization process; or (2)
used to manufacture ammunition pursuant to a contract with the
Department of Defense or the manufacture of ammunition for export
pursuant to a License for Permanent Export of Unclassified Military
Articles issued by the Department of State.
Sec. 8069. <<NOTE: Waiver authority.>> Notwithstanding any other
provision of law, the Chief of the National Guard Bureau, or his
designee, may waive payment of all or part of the consideration that
otherwise would
[[Page 122 STAT. 3637]]
be required under section 2667 of title 10, United States Code, in the
case of a lease of personal property for a period not in excess of 1
year to any organization specified in section 508(d) of title 32, United
States Code, or any other youth, social, or fraternal nonprofit
organization as may be approved by the Chief of the National Guard
Bureau, or his designee, on a case-by-case basis.
Sec. 8070. <<NOTE: Alcohol and alcoholic beverages. State and local
governments. District of Columbia.>> None of the funds appropriated by
this Act shall be used for the support of any nonappropriated funds
activity of the Department of Defense that procures malt beverages and
wine with nonappropriated funds for resale (including such alcoholic
beverages sold by the drink) on a military installation located in the
United States unless such malt beverages and wine are procured within
that State, or in the case of the District of Columbia, within the
District of Columbia, in which the military installation is located:
Provided, That in a case in which the military installation is located
in more than one State, purchases may be made in any State in which the
installation is <<NOTE: Applicability.>> located: Provided further, That
such local procurement requirements for malt beverages and wine shall
apply to all alcoholic beverages only for military installations in
States which are not contiguous with another State: Provided further,
That alcoholic beverages other than wine and malt beverages, in
contiguous States and the District of Columbia shall be procured from
the most competitive source, price and other factors considered.
Sec. 8071. Funds available to the Department of Defense for the
Global Positioning System during the current fiscal year may be used to
fund civil requirements associated with the satellite and ground control
segments of such system's modernization program.
(including transfer of funds)
Sec. 8072. Of the amounts appropriated in this Act under the heading
``Operation and Maintenance, Army'', $47,700,000 shall remain available
until expended: Provided, That notwithstanding any other provision of
law, the Secretary of Defense is authorized to transfer such funds to
other activities of the Federal Government: Provided
further, <<NOTE: Contracts. Real property.>> That the Secretary of
Defense is authorized to enter into and carry out contracts for the
acquisition of real property, construction, personal services, and
operations related to projects carrying out the purposes of this
section: Provided further, That contracts entered into under the
authority of this section may provide for such indemnification as the
Secretary determines to be necessary: Provided further, That projects
authorized by this section shall comply with applicable Federal, State,
and local law to the maximum extent consistent with the national
security, as determined by the Secretary of Defense.
Sec. 8073. <<NOTE: Applicability. 10 USC 113 note.>> Section 8106 of
the Department of Defense Appropriations Act, 1997 (titles I through
VIII of the matter under subsection 101(b) of Public Law 104-208; 110
Stat. 3009-111; 10 U.S.C. 113 note) shall continue in effect to apply to
disbursements that are made by the Department of Defense in fiscal year
2009.
Sec. 8074. In addition to amounts provided elsewhere in this Act,
$8,000,000 is hereby appropriated to the Department of Defense, to
remain available for obligation until <<NOTE: Grants. Fisher House
Foundation, Inc.>> expended: Provided, That notwithstanding any other
provision of law, these funds shall be available only for a grant to the
Fisher House Foundation,
[[Page 122 STAT. 3638]]
Inc., only for the construction and furnishing of additional Fisher
Houses to meet the needs of military family members when confronted with
the illness or hospitalization of an eligible military beneficiary.
Sec. 8075. <<NOTE: 10 USC 2571 note.>> (a) During the current fiscal
year and hereafter, the Secretary of Defense, in coordination with the
Secretary of Health and Human Services, may carry out a program to
distribute surplus dental and medical equipment of the Department of
Defense, at no cost to the Department of Defense, to Indian Health
Service facilities and to federally-qualified health centers (within the
meaning of section 1905(l)(2)(B) of the Social Security Act (42 U.S.C.
1396d(l)(2)(B))).
(b) <<NOTE: Native Americans. Government property.>> In carrying out
this provision, the Secretary of Defense shall give the Indian Health
Service a property disposal priority equal to the priority given to the
Department of Defense and its twelve special screening programs in
distribution of surplus dental and medical supplies and equipment.
(including transfer of funds)
Sec. 8076. Of the amounts appropriated in this Act under the heading
``Research, Development, Test and Evaluation, Defense-Wide'',
$177,237,000 shall be for the Israeli Cooperative Programs: Provided,
That of this amount, $72,895,000 shall be for the Short Range Ballistic
Missile Defense (SRBMD) program, $30,000,000 shall be available for an
upper-tier component to the Israeli Missile Defense Architecture, and
$74,342,000 shall be for the Arrow Missile Defense Program, of which
$13,076,000 shall be for producing Arrow missile components in the
United States and Arrow missile components in Israel to meet Israel's
defense requirements, consistent with each nation's laws, regulations
and procedures: Provided further, That funds made available under this
provision for production of missiles and missile components may be
transferred to appropriations available for the procurement of weapons
and equipment, to be merged with and to be available for the same time
period and the same purposes as the appropriation to which transferred:
Provided further, That the transfer authority provided under this
provision is in addition to any other transfer authority contained in
this Act.
(including transfer of funds)
Sec. 8077. Of the amounts appropriated in this Act under the heading
``Shipbuilding and Conversion, Navy'', $165,152,000 shall be available
until September 30, 2009, to fund prior year shipbuilding cost
increases: Provided, That upon enactment of this Act, the Secretary of
the Navy shall transfer such funds to the following appropriations in
the amounts specified: Provided further, That the amounts transferred
shall be merged with and be available for the same purposes as the
appropriations to which transferred:
To:
Under the heading ``Shipbuilding and Conversion, Navy, 2001/2009'':
Carrier Replacement Program, $20,516,000;
Under the heading ``Shipbuilding and Conversion, Navy, 2002/2009'':
New SSN, $21,000,000;
[[Page 122 STAT. 3639]]
Under the heading ``Shipbuilding and Conversion, Navy, 2003/2009'':
LPD-17 Amphibious Transport Dock Program, $33,082,000;
Under the heading ``Shipbuilding and Conversion, Navy, 2004/2009'':
New SSN, $60,000,000;
Under the heading ``Shipbuilding and Conversion, Navy, 2007/2011'':
LHA Replacement Program, $14,310,000; and
Under the heading ``Shipbuilding and Conversion, Navy, 2008/2012'':
SSBN Submarine Refuelings, $16,244,000.
Sec. 8078. None of the funds available to the Department of Defense
may be obligated to modify command and control relationships to give
Fleet Forces Command administrative and operational control of U.S. Navy
forces assigned to the Pacific fleet: Provided, That the command and
control relationships which existed on October 1, 2004, shall remain in
force unless changes are specifically authorized in a subsequent Act.
Sec. 8079. Notwithstanding any other provision of law or regulation,
the Secretary of Defense may exercise the provisions of section 7403(g)
of title 38, United States Code, for occupations listed in section
7403(a)(2) of title 38, United States Code, as well as the following:
Pharmacists, Audiologists, Psychologists, Social Workers,
Othotists/Prosthetists, Occupational Therapists, Physical
Therapists, Rehabilitation Therapists, Respiratory Therapists,
Speech Pathologists, Dietitian/Nutritionists, Industrial
Hygienists, Psychology Technicians, Social Service Assistants,
Practical Nurses, Nursing Assistants, and Dental Hygienists:
(A) <<NOTE: Applicability.>> The requirements of
section 7403(g)(1)(A) of title 38, United States Code,
shall apply.
(B) The limitations of section 7403(g)(1)(B) of
title 38, United States Code, shall not apply.
Sec. 8080. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for intelligence activities are deemed to
be specifically authorized by the Congress for purposes of section 504
of the National Security Act of 1947 (50 U.S.C. 414) during fiscal year
2009 until the enactment of the Intelligence Authorization Act for
Fiscal Year 2009.
Sec. 8081. <<NOTE: Notification.>> None of the funds provided in
this Act shall be available for obligation or expenditure through a
reprogramming of funds that creates or initiates a new program, project,
or activity unless such program, project, or activity must be undertaken
immediately in the interest of national security and only after written
prior notification to the congressional defense committees.
Sec. 8082. <<NOTE: Grants.>> (a) In addition to the amounts provided
elsewhere in this Act, $3,000,000 is hereby appropriated to the
Department of Defense for ``Operation and Maintenance, Army National
Guard''. Such amount shall be made available to the Secretary of the
Army only to make a grant in the amount of $3,000,000 to the entity
specified in subsection (b) to facilitate access by veterans to
opportunities for skilled employment in the construction industry.
(b) The entity referred to in subsection (a) is the Center for
Military Recruitment, Assessment and Veterans Employment, a nonprofit
labor-management cooperation committee provided for by section 302(c)(9)
of the Labor-Management Relations Act, 1947 (29
[[Page 122 STAT. 3640]]
U.S.C. 186(c)(9)), for the purposes set forth in section 6(b) of the
Labor Management Cooperation Act of 1978 (29 U.S.C. 175a note).
Sec. 8083. In addition to funds made available elsewhere in this
Act, $5,500,000 is hereby appropriated and shall remain available until
expended to provide assistance, by grant or otherwise (such as, but not
limited to, the provision of funds for repairs, maintenance,
construction, and/or for the purchase of information technology, text
books, teaching resources), to public schools that have unusually high
concentrations of special needs military dependents enrolled: Provided,
That in selecting school systems to receive such assistance, special
consideration shall be given to school systems in States that are
considered overseas assignments, and all schools within these school
systems shall be eligible for assistance: Provided further, That up to 2
percent of the total appropriated funds under this section shall be
available to support the administration and execution of the funds or
program and/or events that promote the purpose of this appropriation
(e.g. payment of travel and per diem of school teachers attending
conferences or a meeting that promotes the purpose of this appropriation
and/or consultant fees for on-site training of teachers, staff, or Joint
Venture Education Forum (JVEF) Committee members): Provided further,
That up to $300,000 shall be available to examine human capital, family
and quality of life issues relating to military presence in Hawaii:
Provided further, That up to $2,000,000 shall be available for the
Department of Defense to establish a nonprofit trust fund to assist in
the public-private funding of public school repair and maintenance
projects, or provide directly to nonprofit organizations who in return
will use these monies to provide assistance in the form of repair,
maintenance, or renovation to public school systems that have high
concentrations of special needs military dependents and are located in
States that are considered overseas assignments: Provided further, That
to the extent a Federal agency provides this assistance, by contract,
grant, or otherwise, it may accept and expend non-Federal funds in
combination with these Federal funds to provide assistance for the
authorized purpose, if the non-Federal entity requests such assistance
and the non-Federal funds are provided on a reimbursable basis.
Sec. 8084. In addition to the amounts appropriated or otherwise made
available elsewhere in this Act, $112,400,000 is hereby appropriated to
the Department of <<NOTE: Grants.>> Defense: Provided, That the
Secretary of Defense shall make grants in the amounts specified as
follows: $20,000,000 to the United Service Organizations; $30,000,000 to
the Red Cross; $15,000,000 for the Waterbury Industrial Commons
Redevelopment Project; $4,750,000 for the SOAR Virtual School District;
$1,750,000 to The Presidio Trust; $5,000,000 to the STEM Education
Research Center; $10,000,000 to the Intrepid Museum Foundation;
$4,000,000 to the Go For Broke National Education Center; $9,900,000 to
the U.S.S. Missouri Memorial Association; $4,000,000 to the Nimitz
Center; $3,000,000 to Special Olympics International; and $5,000,000 to
the Paralympics Military Program.
Sec. 8085. The Department of Defense and the Department of the Army
shall make future budgetary and programming plans to fully finance the
Non-Line of Sight Future Force cannon (NLOS-C) and a compatible large
caliber ammunition resupply capability for this system supported by the
Future Combat Systems (FCS) Brigade Combat Team (BCT) in order to field
this system in fiscal year 2010: Provided, That the Army shall develop
the NLOS-
[[Page 122 STAT. 3641]]
C independent of the broader FCS development timeline to achieve
fielding by fiscal year 2010. In addition, the Army will deliver five
pre-production NLOS-C systems by the end of calendar year 2008 and three
pre-production NLOS-C systems by the end of calendar year 2009. These
systems shall be in addition to those systems necessary for
developmental and operational testing.
Sec. 8086. <<NOTE: Federal budget. 10 USC 221 note.>> The budget of
the President for fiscal year 2010 submitted to the Congress pursuant to
section 1105 of title 31, United States Code, shall include separate
budget justification documents for costs of United States Armed Forces'
participation in contingency operations for the Military Personnel
accounts, the Operation and Maintenance accounts, and the Procurement
accounts: Provided, That these documents shall include a description of
the funding requested for each contingency operation, for each military
service, to include all Active and Reserve components, and for each
appropriations account: Provided further, That these documents shall
include estimated costs for each element of expense or object class, a
reconciliation of increases and decreases for each contingency
operation, and programmatic data including, but not limited to, troop
strength for each Active and Reserve component, and estimates of the
major weapons systems deployed in support of each contingency: Provided
further, That these documents shall include budget exhibits OP-5 and OP-
32 (as defined in the Department of Defense Financial Management
Regulation) for all contingency operations for the budget year and the
two preceding fiscal years.
Sec. 8087. None of the funds in this Act may be used for research,
development, test, evaluation, procurement or deployment of nuclear
armed interceptors of a missile defense system.
Sec. 8088. Up to $2,500,000 of the funds appropriated under the
heading ``Operation and Maintenance, Navy'' in this Act for the Pacific
Missile Range Facility may be made available to contract for the repair,
maintenance, and operation of adjacent off-base water, drainage, and
flood control systems, electrical upgrade to support additional missions
critical to base operations, and support for a range footprint expansion
to further guard against encroachment.
Sec. 8089. None of the funds appropriated or made available in this
Act shall be used to reduce or disestablish the operation of the 53rd
Weather Reconnaissance Squadron of the Air Force Reserve, if such action
would reduce the WC-130 Weather Reconnaissance mission below the levels
funded in this Act: Provided, That the Air Force shall allow the 53rd
Weather Reconnaissance Squadron to perform other missions in support of
national defense requirements during the non-hurricane season.
Sec. 8090. None of the funds provided in this Act shall be available
for integration of foreign intelligence information unless the
information has been lawfully collected and processed during the conduct
of authorized foreign intelligence activities: Provided, That
information pertaining to United States persons shall only be handled in
accordance with protections provided in the Fourth Amendment of the
United States Constitution as implemented through Executive Order No.
12333.
Sec. 8091. (a) <<NOTE: Notification. Deployment.>> At the time
members of reserve components of the Armed Forces are called or ordered
to active duty under section 12302(a) of title 10, United States Code,
each member
[[Page 122 STAT. 3642]]
shall be notified in writing of the expected period during which the
member will be mobilized.
(b) <<NOTE: Waiver authority.>> The Secretary of Defense may waive
the requirements of subsection (a) in any case in which the Secretary
determines that it is necessary to do so to respond to a national
security emergency or to meet dire operational requirements of the Armed
Forces.
(including transfer of funds)
Sec. 8092. The Secretary of Defense may transfer funds from any
available Department of the Navy appropriation to any available Navy
ship construction appropriation for the purpose of liquidating necessary
changes resulting from inflation, market fluctuations, or rate
adjustments for any ship construction program appropriated in law:
Provided, That the Secretary may transfer not to exceed $100,000,000
under the authority provided by this section: Provided
further, <<NOTE: Notification. Deadline.>> That the Secretary may not
transfer any funds until 30 days after the proposed transfer has been
reported to the Committees on Appropriations of the House of
Representatives and the Senate, unless a response from the Committees is
received sooner: Provided further, That the transfer authority provided
by this section is in addition to any other transfer authority contained
elsewhere in this Act.
Sec. 8093. For purposes of section 612 of title 41, United States
Code, any subdivision of appropriations made under the heading
``Shipbuilding and Conversion, Navy'' that is not closed at the time
reimbursement is made shall be available to reimburse the Judgment Fund
and shall be considered for the same purposes as any subdivision under
the heading ``Shipbuilding and Conversion, Navy'' appropriations in the
current fiscal year or any prior fiscal year.
Sec. 8094. (a) None of the funds appropriated by this Act may be
used to transfer research and development, acquisition, or other program
authority relating to current tactical unmanned aerial vehicles (TUAVs)
from the Army.
(b) The Army shall retain responsibility for and operational control
of the MQ-1C Sky Warrior Unmanned Aerial Vehicle (UAV) in order to
support the Secretary of Defense in matters relating to the employment
of unmanned aerial vehicles.
(c) <<NOTE: Contracts. Deadline. Certification.>> None of the funds
appropriated by this Act may be used to institute an inter-Service
common contract for acquisition of MQ-1 or MQ-1C UAVs until 30 days
after the Secretary of Defense certifies to the congressional defense
committees that a common contract would achieve cost savings, be
interoperable with, and not create undue sustainment costs compared to
the current fleet.
Sec. 8095. <<NOTE: 10 USC 1073 note.>> None of the funds
appropriated by this Act, and hereafter, available for the Civilian
Health and Medical Program of the Uniformed Services (CHAMPUS) or
TRICARE shall be available for the reimbursement of any health care
provider for inpatient mental health service for care received when a
patient is referred to a provider of inpatient mental health care or
residential treatment care by a medical or health care professional
having an economic interest in the facility to which the patient is
referred: Provided, That this limitation does not apply in the case of
inpatient mental health services provided under the program for persons
with disabilities under subsection (d) of section 1079 of title 10,
United States Code, provided as partial hospital care, or provided
pursuant to a waiver authorized by the Secretary of Defense because
[[Page 122 STAT. 3643]]
of medical or psychological circumstances of the patient that are
confirmed by a health professional who is not a Federal employee after a
review, pursuant to rules prescribed by the Secretary, which takes into
account the appropriate level of care for the patient, the intensity of
services required by the patient, and the availability of that care.
Sec. 8096. Of the funds provided in this Act, $10,000,000 shall be
available for the operations and development of training and technology
for the Joint Interagency Training and Education Center and the
affiliated Center for National Response at the Memorial Tunnel and for
providing homeland defense/security and traditional warfighting training
to the Department of Defense, other Federal agencies, and State and
local first responder personnel at the Joint Interagency Training and
Education Center.
Sec. 8097. Notwithstanding any other provision of law or regulation,
the Secretary of Defense may adjust wage rates for civilian employees
hired for certain health care occupations as authorized for the
Secretary of Veterans Affairs by section 7455 of title 38, United States
Code.
Sec. 8098. <<NOTE: Extension date.>> The authority to conduct a
continuing cooperative program in the proviso in title II of Public Law
102-368 under the heading ``Research, Development, Test and Evaluation,
Defense Agencies'' (106 Stat. 1121) shall be extended through September
30, 2009 and hereafter, in cooperation with NELHA.
Sec. 8099. Up to $15,000,000 of the funds appropriated under the
heading, ``Operation and Maintenance, Navy'' may be made available for
the Asia Pacific Regional Initiative Program for the purpose of enabling
the Pacific Command to execute Theater Security Cooperation activities
such as humanitarian assistance, and payment of incremental and
personnel costs of training and exercising with foreign security forces:
Provided, That funds made available for this purpose may be used,
notwithstanding any other funding authorities for humanitarian
assistance, security assistance or combined exercise expenses: Provided
further, That funds may not be obligated to provide assistance to any
foreign country that is otherwise prohibited from receiving such type of
assistance under any other provision of law.
Sec. 8100. None of the funds appropriated by this Act for programs
of the Office of the Director of National Intelligence shall remain
available for obligation beyond the current fiscal year, except for
funds appropriated for research and technology, which shall remain
available until September 30, 2010.
Sec. 8101. Notwithstanding any other provision of this Act, to
reflect savings from revised economic assumptions, the total amount
appropriated in title II of this Act is hereby reduced by $313,780,000,
the total amount appropriated in title III of this Act is hereby reduced
by $298,000,000, and the total amount appropriated in title IV of this
Act is hereby reduced by $218,000,000: Provided, That the Secretary of
Defense shall allocate this reduction proportionally to each budget
activity, activity group, subactivity group, and each program, project,
and activity, within each appropriation account.
Sec. 8102. <<NOTE: Applicability.>> For purposes of section 1553(b)
of title 31, United States Code, any subdivision of appropriations made
in this Act under the heading ``Shipbuilding and Conversion, Navy''
shall be considered to be for the same purpose as any subdivision under
the heading ``Shipbuilding and Conversion, Navy'' appropriations
[[Page 122 STAT. 3644]]
in any prior fiscal year, and the 1 percent limitation shall apply to
the total amount of the appropriation.
Sec. 8103. Notwithstanding any other provision of law, that not more
than 35 percent of funds provided in this Act for environmental
remediation may be obligated under indefinite delivery/indefinite
quantity contracts with a total contract value of $130,000,000 or
higher.
Sec. 8104. <<NOTE: Designation. 10 USC 221 note.>> The Secretary of
Defense shall create a major force program category for space for the
Future Years Defense Program of the Department of Defense. The Secretary
of Defense shall designate an official in the Office of the Secretary of
Defense to provide overall supervision of the preparation and
justification of program recommendations and budget proposals to be
included in such major force program category.
Sec. 8105. <<NOTE: 10 USC 2302 note.>> During the current fiscal
year and hereafter, none of the funds appropriated or otherwise
available to the Department of Defense may be obligated or expended to
provide award fees to any defense contractor contrary to the provisions
of section 814 of the National Defense Authorization Act, Fiscal Year
2007 (Public Law 109-364).
Sec. 8106. <<NOTE: Iraq.>> None of the funds appropriated or
otherwise made available by this or any other Act shall be obligated or
expended by the United States Government for a purpose as follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource
of Iraq.
Sec. 8107. <<NOTE: Effective date. 50 USC 415a-2.>> Beginning with
the fiscal year 2010 budget request, the Director of National
Intelligence shall include the budget exhibits identified in paragraphs
(1) and (2) as described in the Department of Defense Financial
Management Regulation with the congressional budget justification books.
(1) For procurement programs requesting more than
$20,000,000 in any fiscal year, the P-1, Procurement Program; P-
5, Cost Analysis; P-5a, Procurement History and Planning; P-21,
Production Schedule; and P-40 Budget Item Justification.
(2) For research, development, test and evaluation projects
requesting more than $10,000,000 in any fiscal year, the R-1,
RDT&E Program; R-2, RDT&E Budget Item Justification; R-3, RDT&E
Project Cost Analysis; and R-4, RDT&E Program Schedule Profile.
Sec. 8108. None of the funds made available in this Act may be used
in contravention of the following laws enacted or regulations
promulgated to implement the United Nations Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at
New York on December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277; 112
Stat. 2681-822; 8 U.S.C. 1231 note) and regulations prescribed
thereto, including regulations under part 208 of title 8, Code
of Federal Regulations, and part 95 of title 22, Code of Federal
Regulations.
[[Page 122 STAT. 3645]]
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes in
the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public Law
109-148).
Sec. 8109. <<NOTE: Contracts. Grants.>> Notwithstanding any other
provision of law, none of the funds made available in this Act may be
used to pay negotiated indirect cost rates on a contract, grant, or
cooperative agreement (or similar arrangement) entered into by the
Department of Defense and an entity in excess of 35 percent of the total
cost of the contract, grant, or agreement (or similar arrangement):
Provided, That <<NOTE: Applicability.>> this limitation shall apply only
to contracts, grants, or cooperative agreements entered into after the
date of the enactment of this Act using funds made available in this Act
for basic research.
Sec. 8110. <<NOTE: Web site.>> The Secretary of Defense shall
maintain on the homepage of the Internet website of the Department of
Defense a direct link to the Internet website of the Office of Inspector
General of the Department of Defense.
Sec. 8111. <<NOTE: Deadline. Reports.>> (a) Not later than 60 days
after enactment of this Act, the Office of the Director of National
Intelligence shall submit a report to the congressional intelligence
committees to establish the baseline for application of reprogramming
and transfer authorities for fiscal year 2009: Provided, That the report
shall include--
(1) a table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.
(b) <<NOTE: Certification.>> None of the funds provided for the
National Intelligence Program in this Act shall be available for
reprogramming or transfer until the report identified in subsection (a)
is submitted to the congressional intelligence committees, unless the
Director of National Intelligence certifies in writing to the
congressional intelligence committees that such reprogramming or
transfer is necessary as an emergency requirement.
Sec. 8112. <<NOTE: Submission. 50 USC 415a-3.>> The Director of
National Intelligence shall submit to Congress each year, at or about
the time that the President's budget is submitted to Congress that year
under section 1105(a) of title 31, United States Code, a future-years
intelligence program (including associated annexes) reflecting the
estimated expenditures and proposed appropriations included in that
budget. Any such future-years intelligence program shall cover the
fiscal year with respect to which the budget is submitted and at least
the four succeeding fiscal years.
Sec. 8113. For the purposes of this Act, the term ``congressional
intelligence committees'' means the Permanent Select Committee on
Intelligence of the House of Representatives, the Select Committee on
Intelligence of the Senate, the Subcommittee on Defense of the Committee
on Appropriations of the House of Representatives, and the Subcommittee
on Defense of the Committee on Appropriations of the Senate.
Sec. 8114. <<NOTE: Reports.>> The Department of Defense shall
continue to report incremental contingency operations costs for
Operation Iraqi Freedom and Operation Enduring Freedom on a monthly
basis
[[Page 122 STAT. 3646]]
in the Cost of War Execution Report as prescribed in the Department of
Defense Financial Management Regulation Department of Defense
Instruction 7000.14, Volume 12, Chapter 23 ``Contingency Operations'',
Annex 1, dated September 2005.
Sec. 8115. Horsham Joint Interagency Installation.--
(a) Establishment <<NOTE: Pennsylvania.>> of Installation.--The
Horsham Joint Interagency Installation located in Horsham Township,
Montgomery County, Pennsylvania is hereby established. Pursuant to
Section 3703 of the U.S. Troop Readiness, Veterans' Care, Katrina
Recovery, and Iraq Accountability Appropriations Act (121 Stat. 145), at
a time determined by the Secretary of the Navy, or upon completion of
the associated Defense Base Closure and Realignment Commission
recommendations, the Secretary of the Navy shall, notwithstanding any
other provision of law, transfer to the Secretary of the Air Force, at
no cost, all designated lands, easements, Air Installation Compatible
Use Zones, and facilities at NASJRB Willow
Grove. <<NOTE: Designation.>> The airfield at the Horsham Joint
Interagency Installation shall be known as ``Pitcairn-Willow Grove
Field''.
(b) Transfer to Commonwealth of Pennsylvania.--Notwithstanding any
other provision of law, the Secretary of the Air Force shall convey all
of the Navy property transferred to the Air Force, as well as excess Air
Force property at the Willow Grove Air Reserve Station, to the
Commonwealth of Pennsylvania, at no cost, for operation of the Horsham
Joint Interagency Installation so long as it is used continuously as the
Horsham Joint Interagency Installation. In the event the property is no
longer used for the Horsham Joint Interagency Installation, it shall
revert to the Department of Defense. Installation property conveyed to
the Commonwealth of Pennsylvania may not be reconveyed, but may be
leased, subleased, or licensed by the Commonwealth, for any agreed upon
term, for use by the United States, its agencies or instrumentalities,
at terms agreeable to the United States, or to State or local government
agencies, or other associated users.
(including transfer of funds)
Sec. 8116. (a) Stop-Loss Special Pay.--In addition to the amounts
appropriated or otherwise made available elsewhere in this Act,
$72,000,000 is hereby appropriated to the Secretary of Defense to carry
out this section. Such amount shall be made available to the Secretaries
of the military departments only to provide special pay during fiscal
year 2009 to members of the Army, Navy, Air Force, and Marine Corps,
including members of their reserve components who at any time during
fiscal year 2009, serve on active duty while the members' enlistment or
period of obligated service is extended, or whose eligibility for
retirement is suspended, pursuant to section 123 or 12305 of title 10,
United States Code, or any other provision of law (commonly referred to
as a ``stop-loss authority'') authorizing the President to extend an
enlistment or period of obligated service, or suspend an eligibility for
retirement, of a member of the uniformed services in time of war or of
national emergency declared by Congress or the President.
(b) Special Pay Amount.--The amount of the special pay paid under
subsection (a) to or on behalf of an eligible member may not exceed $500
per month for each month or portion of a month during fiscal year 2009
that the member is retained on active duty as a result of application of
the stop-loss authority.
[[Page 122 STAT. 3647]]
(c) Implementation Plan.--Before <<NOTE: Reports.>> obligating or
expending any of the funds made available under subsection (a), the
Secretary of Defense shall submit to the Committees on Appropriations of
the House of Representatives and the Senate a report containing a plan
for the provision of the special pay authorized by this section.
Sec. 8117. Section 3287 of title 18, United States Code, is
amended--
(1) by inserting ``or Congress has enacted a specific
authorization for the use of the Armed Forces, as described in
section 5(b) of the War Powers Resolution (50 U.S.C. 1544(b)),''
after ``is at war'';
(2) by inserting ``or directly connected with or related to
the authorized use of the Armed Forces'' after ``prosecution of
the war'';
(3) by striking ``three years'' and inserting ``5 years'';
(4) by striking ``proclaimed by the President'' and
inserting ``proclaimed by a Presidential proclamation, with
notice to Congress,''; and
(5) by adding at the end the following: ``For purposes of
applying such definitions in this section, the term `war'
includes a specific authorization for the use of the Armed
Forces, as described in section 5(b) of the War Powers
Resolution (50 U.S.C. 1544(b)).''.
Sec. 8118. Incentives for Additional Downblending of Highly Enriched
Uranium by the Russian Federation. The USEC Privatization Act (42 U.S.C.
2297h et seq.) is amended--
(1) in section 3102, <<NOTE: 42 USC 2297h.>> by striking
``For purposes'' and inserting ``Except as provided in section
3112A, for purposes''; and
(2) by inserting after section 3112 the following:
``SEC. 3112A. <<NOTE: 42 USC 2297h-10a.>> INCENTIVES FOR ADDITIONAL
DOWNBLENDING OF HIGHLY ENRICHED URANIUM BY THE RUSSIAN
FEDERATION.
``(a) Definitions.--In this section:
``(1) Completion of the russian heu agreement.--The term
`completion of the Russian HEU Agreement' means the importation
into the United States from the Russian Federation pursuant to
the Russian HEU Agreement of uranium derived from the
downblending of not less than 500 metric tons of highly enriched
uranium of weapons origin.
``(2) Downblending.--The term `downblending' means
processing highly enriched uranium into a uranium product in any
form in which the uranium contains less than 20 percent uranium-
235.
``(3) Highly enriched uranium.--The term `highly enriched
uranium' has the meaning given that term in section 3102(4).
``(4) Highly enriched uranium of weapons origin.--The term
`highly enriched uranium of weapons origin' means highly
enriched uranium that--
``(A) contains 90 percent or more uranium-235; and
``(B) is verified by the Secretary of Energy to be
of weapons origin.
``(5) Low-enriched uranium.--The term `low-enriched uranium'
means a uranium product in any form, including uranium
hexafluoride (UF<INF>6</INF>) and uranium oxide
(UO<INF>2</INF>), in which the
[[Page 122 STAT. 3648]]
uranium contains less than 20 percent uranium-235, including
natural uranium, without regard to whether the uranium is
incorporated into fuel rods or complete fuel assemblies.
``(6) Russian heu agreement.--The term `Russian HEU
Agreement' has the meaning given that term in section 3102(11).
``(7) Uranium-235.--The term `uranium-235' means the isotope
\235\U.
``(b) Statement of Policy.--It is the policy of the United States to
support the continued downblending of highly enriched uranium of weapons
origin in the Russian Federation in order to protect the essential
security interests of the United States with respect to the
nonproliferation of nuclear weapons.
``(c) Promotion of Downblending of Russian Highly Enriched
Uranium.--
``(1) Completion of the russian heu agreement.--Prior to the
completion of the Russian HEU Agreement, the importation into
the United States of low-enriched uranium, including low-
enriched uranium obtained under contracts for separative work
units, that is produced in the Russian Federation and is not
imported pursuant to the Russian HEU Agreement, may not exceed
the following amounts:
``(A) In the 4-year period beginning with calendar
year 2008, 16,559 kilograms.
``(B) In calendar year 2012, 24,839 kilograms.
``(C) In calendar year 2013 and each calendar year
thereafter through the calendar year of the completion
of the Russian HEU Agreement, 41,398 kilograms.
``(2) Incentives to continue downblending russian highly
enriched uranium after the completion of the russian heu
agreement.--
``(A) In general.--After the completion of the
Russian HEU Agreement, the importation into the United
States of low-enriched uranium, including low-enriched
uranium obtained under contracts for separative work
units, that is produced in the Russian Federation,
whether or not such low-enriched uranium is derived from
highly enriched uranium of weapons origin, may not
exceed--
``(i) in calendar year 2014, 485,279
kilograms;
``(ii) in calendar year 2015, 455,142
kilograms;
``(iii) in calendar year 2016, 480,146
kilograms;
``(iv) in calendar year 2017, 490,710
kilograms;
``(v) in calendar year 2018, 492,731
kilograms;
``(vi) in calendar year 2019, 509,058
kilograms; and
``(vii) in calendar year 2020, 514,754
kilograms.
``(B) Additional imports in exchange for a
commitment to downblend an additional 300 metric tons of
highly enriched uranium.--
``(i) In general.--In addition to the amount
authorized to be imported under subparagraph (A)
and except as provided in clause (ii), if the
Russian Federation enters into a bilateral
agreement with the United States under which the
Russian Federation agrees to downblend an
additional 300 metric tons of highly enriched
uranium after the completion of the Russian HEU
Agreement, 4 kilograms of low-enriched uranium,
[[Page 122 STAT. 3649]]
whether or not such low-enriched uranium is
derived from highly enriched uranium of weapons
origin and including low-enriched uranium obtained
under contracts for separative work units, may be
imported in a calendar year for every 1 kilogram
of Russian highly enriched uranium of weapons
origin that was downblended in the preceding
calendar year, subject to the verification of the
Secretary of Energy under paragraph (10).
``(ii) Maximum annual imports.--Not more than
120,000 kilograms of low-enriched uranium may be
imported in a calendar year under clause (i).
``(3) Exceptions.--The import limitations described in
paragraphs (1) and (2) shall not apply to low-enriched uranium
produced in the Russian Federation that is imported into the
United States--
``(A) for use in the initial core of a new nuclear
reactor;
``(B) for processing and to be certified for
reexportation and not for consumption in the United
States; or
``(C) to be added to the inventory of the Department
of Energy.
``(4) Limited waiver authority.--
``(A) In <<NOTE: Deadline.>> general.--
Notwithstanding paragraph (1)(C), if the completion of
the Russian HEU Agreement does not occur before December
31, 2013, the import limitations under paragraph (1)(C)
shall be waived, and low-enriched uranium may be
imported into the United States in the quantities
specified in paragraph (2) in a calendar year after
2013, if--
``(i) the Secretary of Energy and the
Secretary of State jointly determine that--
``(I) the failure of the completion
of the Russian HEU Agreement arises from
causes beyond the control and without
the fault or negligence of the
Government of the Russian Federation;
and
``(II) the Government of the Russian
Federation has made reasonable efforts
to avoid and mitigate the effects of the
failure of the completion of the Russian
HEU Agreement; and
``(ii) <<NOTE: Notification. Federal Register,
publication.>> the Secretary of Energy and the
Secretary of State jointly notify Congress of, and
publish in the Federal Register, the determination
under clause (i) and the reasons for the
determination.
``(B) Notice <<NOTE: Effective date.>> and wait.--A
waiver under subparagraph (A) may not take effect until
the date that is 180 days after the date on which
Secretary of Energy and the Secretary of State notify
Congress under subparagraph (A)(ii).
``(C) Termination.--A waiver under subparagraph (A)
shall terminate on December 31 of the calendar year with
respect to which the Secretary makes the determination
under subparagraph (A)(i).
``(5) Adjustments to import limitations.--
``(A) In general.--The import limitations described
in paragraph (2)(A) are based on the reference data in
the 2005 Market Report on the Global Nuclear Fuel Market
Supply and Demand 2005-2030 of the World Nuclear
Association. In each of calendar years 2016 and 2019,
the
[[Page 122 STAT. 3650]]
Secretary of Commerce shall review the projected demand
for uranium for nuclear reactors in the United States
and adjust the import limitations described in paragraph
(2)(A) to account for changes in such demand in years
after the year in which that report or a subsequent
report is published.
``(B) Incentive adjustment.--
Beginning <<NOTE: Effective date.>> in the second
calendar year after the calendar year of the completion
of the Russian HEU Agreement, the Secretary of Energy
shall increase or decrease the amount of low-enriched
uranium that may be imported in a calendar year under
paragraph (2)(B) (including the amount of low-enriched
uranium that may be imported for each kilogram of highly
enriched uranium downblended under paragraph (2)(B)(i))
by a percentage equal to the percentage increase or
decrease, as the case may be, in the average amount of
uranium loaded into nuclear power reactors in the United
States in the most recent 3-calendar-year period for
which data are available, as reported by the Energy
Information Administration of the Department of Energy,
compared to the average amount of uranium loaded into
such reactors during the 3-calendar-year period
beginning on January 1, 2011, as reported by the Energy
Information Administration.
``(C) Publication of adjustments.--
As <<NOTE: Deadline. Federal Register,
publication.>> soon as practicable, but not later than
July 31 of each calendar year, the Secretary of Energy
shall publish in the Federal Register the amount of low-
enriched uranium that may be imported in the current
calendar year after the adjustments under subparagraph
(B).
``(6) Authority for additional adjustment.--In addition to
the adjustment under paragraph (5)(A), the Secretary of Commerce
may adjust the import limitations under paragraph (2)(A) for a
calendar year if the Secretary--
``(A) in consultation with the Secretary of Energy,
determines that the available supply of low-enriched
uranium and the available stockpiles of uranium of the
Department of Energy are insufficient to meet demand in
the United States in the following calendar year; and
``(B) notifies <<NOTE: Notification.>> Congress of
the adjustment not less than 45 days before making the
adjustment.
``(7) Equivalent quantities of low-enriched uranium
imports.--
``(A) In general.--The import limitations described
in paragraphs (1) and (2) are expressed in terms of
uranium containing 4.4 percent uranium-235 and a tails
assay of 0.3 percent.
``(B) Adjustment for other uranium.--Imports of low-
enriched uranium under paragraphs (1) and (2), including
low-enriched uranium obtained under contracts for
separative work units, shall count against the import
limitations described in such paragraphs in amounts
calculated as the quantity of low-enriched uranium
containing 4.4 percent uranium-235 necessary to equal
the total amount of uranium-235 contained in such
imports.
``(8) Downblending of other highly enriched uranium.--
[[Page 122 STAT. 3651]]
``(A) In general.--The downblending of highly
enriched uranium not of weapons origin may be counted
for purposes of paragraph (2)(B), subject to
verification under paragraph (10), if the Secretary of
Energy determines that the highly enriched uranium to be
downblended poses a risk to the national security of the
United States.
``(B) Equivalent quantities of highly enriched
uranium.--For purposes of determining the additional
low-enriched uranium imports allowed under paragraph
(2)(B), highly enriched uranium not of weapons origin
downblended pursuant to subparagraph (A) shall count as
downblended highly enriched uranium of weapons origin in
amounts calculated as the quantity of highly enriched
uranium containing 90 percent uranium-235 necessary to
equal the total amount of uranium-235 contained in the
highly enriched uranium not of weapons origin
downblended pursuant to subparagraph (A).
``(9) Termination of import restrictions.--The provisions of
this subsection shall terminate on December 31, 2020.
``(10) Technical verifications by secretary of energy.--
``(A) In general.--The Secretary of Energy shall
verify the origin, quantity, and uranium-235 content of
the highly enriched uranium downblended for purposes of
paragraphs (2)(B) and (8).
``(B) Methods of verification.--In conducting the
verification required under subparagraph (A), the
Secretary of Energy shall employ the transparency
measures and access provisions agreed to under the
Russian HEU Agreement for monitoring the downblending of
Russian highly enriched uranium of weapons origin and
such other methods as the Secretary determines
appropriate.
``(11) Enforcement of import limitations.--The Secretary of
Commerce shall be responsible for enforcing the import
limitations imposed under this subsection and shall enforce such
import limitations in a manner that imposes a minimal burden on
the commercial nuclear industry.
``(12) Effect on other agreements.--
``(A) Russian heu agreement.--Nothing in this
section shall be construed to modify the terms of the
Russian HEU Agreement, including the provisions of the
Agreement relating to the amount of low-enriched uranium
that may be imported into the United States.
``(B) Other agreements.--If a provision of any
agreement between the United States and the Russian
Federation, other than the Russian HEU Agreement,
relating to the importation of low-enriched uranium,
including low-enriched uranium obtained under contracts
for separative work units, into the United States
conflicts with a provision of this section, the
provision of this section shall supersede the provision
of the agreement to the extent of the conflict.''.
Sec. 8119. The amounts appropriated in title II of this Act are
hereby reduced by $859,000,000 to reflect excess cash balances in
Department of Defense Working Capital Funds, as follows:
(1) From ``Operation and Maintenance, Army'', $823,000,000;
and
[[Page 122 STAT. 3652]]
(2) From ``Operation and Maintenance, Air Force'',
$36,000,000.
This division may be cited as the ``Department of Defense
Appropriations Act, 2009''.
DIVISION D--DEPARTMENT <<NOTE: Department of Homeland Security
Appropriations Act, 2009.>> OF HOMELAND SECURITY APPROPRIATIONS ACT,
2009
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Department of Homeland
Security for the fiscal year ending September 30, 2009, and for other
purposes, namely:
TITLE I
DEPARTMENTAL MANAGEMENT AND OPERATIONS
Office of the Secretary and Executive Management
For necessary expenses of the Office of the Secretary of Homeland
Security, as authorized by section 102 of the Homeland Security Act of
2002 (6 U.S.C. 112), and executive management of the Department of
Homeland Security, as authorized by law, $123,456,000: Provided, That
not to exceed $60,000 shall be for official reception and representation
expenses, of which $20,000 shall be made available to the Office of
Policy solely to host Visa Waiver Program negotiations in
Washington, <<NOTE: Deadlines. Reports.>> DC: Provided further, That
within 15 days after the end of each quarter of the fiscal year, the
Secretary shall submit to the Committees on Appropriations of the Senate
and House of Representatives and to the Government Accountability Office
a report of each instance where a request by the Government
Accountability Office for access to Department of Homeland Security
records was not granted within 20 calendar days and Government
Accountability Office requests for interviews with Department of
Homeland Security employees were not granted within seven calendar days:
Provided further, That $15,000,000 shall not be available for obligation
until the second quarterly report detailed in the previous proviso is
submitted to the Committees on Appropriations of the Senate and House of
Representatives: Provided further,
That <<NOTE: Certification.>> $10,000,000 shall not be available for
obligation until the Secretary of Homeland Security, in coordination
with the Administrator of the Federal Emergency Management Agency,
certifies to the Committees on Appropriations of the Senate and the
House of Representatives that processes to incorporate stakeholder input
for grant guidance development and award distribution have been: (1)
developed to ensure transparency and increased consultation about
security needs for all-hazards; (2) formalized and made clear to
stakeholders; and (3) formalized to ensure future use for each fiscal
year.
Office of the Under Secretary for Management
For necessary expenses of the Office of the Under Secretary for
Management, as authorized by sections 701 through 705 of the Homeland
Security Act of 2002 (6 U.S.C. 341 through 345), $191,793,000, of which
not to exceed $3,000 shall be for official reception and representation
expenses: Provided, That of the total amount, $6,000,000 shall remain
available until expended solely
[[Page 122 STAT. 3653]]
for the alteration and improvement of facilities, tenant improvements,
and relocation costs to consolidate Department headquarters operations
at the Nebraska Avenue Complex; and $17,131,000 shall remain available
until expended for the Human Resources Information Technology program.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial Officer,
as authorized by section 103 of the Homeland Security Act of 2002 (6
U.S.C. 113), $55,235,000, of which $11,000,000 shall remain available
until expended for financial systems consolidation efforts.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, as authorized by section 103 of the Homeland Security Act of
2002 (6 U.S.C. 113), and Department-wide technology investments,
$272,169,000; of which $86,928,000 shall be available for salaries and
expenses; and of which $185,241,000, to remain available until expended,
shall be available for development and acquisition of information
technology equipment, software, services, and related activities for the
Department of Homeland Security, of which not less than $23,830,000
shall be available for data center development and an additional
$22,300,000 shall be available to support costs of transition to the
National Center for Critical Information Processing and Storage:
Provided, That $100,000,000 of the total amount appropriated under this
heading shall not be available for obligation until the Committees on
Appropriations of the Senate and the House of Representatives receive
the report on data center transition: Provided further, That none of the
funds appropriated shall be used to support or supplement the
appropriations provided for the United States Visitor and Immigrant
Status Indicator Technology project or the Automated
Commercial <<NOTE: Deadline. Expenditure plan.>> Environment: Provided
further, That the Chief Information Officer shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives, not more than 60 days after the date of enactment of
this Act, an expenditure plan for all information technology acquisition
projects that: (1) are funded under this heading; or (2) are funded by
multiple components of the Department of Homeland Security through
reimbursable agreements: Provided further, That such expenditure plan
shall include each specific project funded, key milestones, all funding
sources for each project, details of annual and lifecycle costs, and
projected cost savings or cost avoidance to be achieved by the project.
Analysis and Operations
For necessary expenses for information analysis and operations
coordination activities, as authorized by title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.), $327,373,000, of which not
to exceed $5,000 shall be for official reception and representation
expenses; and of which $215,745,000 shall remain available until
September 30, 2010.
[[Page 122 STAT. 3654]]
Office of the Federal Coordinator for Gulf Coast Rebuilding
For necessary expenses of the Office of the Federal Coordinator for
Gulf Coast Rebuilding, $1,900,000.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $98,513,000, of which not to exceed $150,000 may be used
for certain confidential operational expenses, including the payment of
informants, to be expended at the direction of the Inspector General.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
Salaries and Expenses
For necessary expenses for enforcement of laws relating to border
security, immigration, customs, agricultural inspections and regulatory
activities related to plant and animal imports, and transportation of
unaccompanied minor aliens; purchase and lease of up to 6,300 (3,300 for
replacement only) police-type vehicles; and contracting with individuals
for personal services abroad; $7,603,206,000, of which $3,154,000 shall
be derived from the Harbor Maintenance Trust Fund for administrative
expenses related to the collection of the Harbor Maintenance Fee
pursuant to section 9505(c)(3) of the Internal Revenue Code of 1986 (26
U.S.C. 9505(c)(3)) and notwithstanding section 1511(e)(1) of the
Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which not to
exceed $45,000 shall be for official reception and representation
expenses; of which not less than $271,679,000 shall be for Air and
Marine Operations; of which $4,500,000 shall be for the 2010 Olympics
Coordination Center, of which not to exceed $2,000,000 shall be
available until September 30, 2010; of which $2,000,000 shall be for
Project SeaHawk; of which such sums as become available in the Customs
User Fee Account, except sums subject to section 13031(f)(3) of the
Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c(f)(3)), shall be derived from that account; of which not to exceed
$150,000 shall be available for payment for rental space in connection
with preclearance operations; and of which not to exceed $1,000,000
shall be for awards of compensation to informants, to be accounted for
solely under the certificate of the Secretary of Homeland Security:
Provided, That for fiscal year 2009, the overtime limitation prescribed
in section 5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 267(c)(1))
shall be $35,000; and notwithstanding any other provision of law, none
of the funds appropriated by this Act may be available to compensate any
employee of U.S. Customs and Border Protection for overtime, from
whatever source, in an amount that exceeds such limitation, except in
individual cases determined by the Secretary of Homeland Security, or
the designee of the Secretary, to be necessary for national security
purposes, to prevent excessive
[[Page 122 STAT. 3655]]
costs, or in cases of <<NOTE: Certification.>> immigration emergencies:
Provided further, That no funding available under this heading may be
obligated for the operation of the Analytical Framework for Intelligence
Officers until the Commissioner of U.S. Customs and Border Protection
certifies that this Framework complies with all applicable laws,
including section 552a of title 5, United States Code, and other laws
protecting privacy, and such certification is reviewed by the Inspector
General of the Department of <<NOTE: Test results. Deadline.>> Homeland
Security: Provided further, That the Commissioner shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives the results of operational field testing of cargo
container security devices in high risk trade lanes no later than 120
days after the date of enactment of this Act.
automation modernization
For expenses for U.S. Customs and Border Protection automated
systems, $511,334,000, to remain available until expended, of which not
less than $316,851,000 shall be for the development of the Automated
Commercial <<NOTE: Deadline. Reports.>> Environment: Provided, That of
the total amount made available under this heading, $216,851,000 may not
be obligated for the Automated Commercial Environment program until 30
days after the Committees on Appropriations of the Senate and the House
of Representatives receive a report on the results to date and plans for
the program from the Department of Homeland Security.
border security fencing, infrastructure, and technology
For expenses for customs and border protection fencing,
infrastructure, and technology, $775,000,000, to remain available until
expended: Provided, <<NOTE: Expenditure plan. Deadline.>> That of the
amount provided under this heading, $400,000,000 shall not be obligated
until the Committees on Appropriations of the Senate and the House of
Representatives receive and approve a plan for expenditure, prepared by
the Secretary of Homeland Security and submitted not later than 90 days
after the date of the enactment of this Act, for a program to establish
and maintain a security barrier along the borders of the United States
of fencing and vehicle barriers, where practicable, and other forms of
tactical infrastructure and technology, that includes the following--
(1) a detailed accounting of the program's implementation to
date for all investments, including technology and tactical
infrastructure, for funding already expended relative to system
capabilities or services, system performance levels, mission
benefits and outcomes, milestones, cost targets, program
management capabilities, identification of the maximum
investment, including life cycle costs, related to the Secure
Border Initiative program or any successor program, and
description of the methodology used to obtain these cost
figures;
(2) a description of how specific projects will further the
objectives of the Secure Border Initiative, as defined in the
Department of Homeland Security Secure Border Plan, and how the
expenditure plan allocates funding to the highest priority
border security needs;
(3) an explicit plan of action defining how all funds are to
be obligated to meet future program commitments, with the
planned expenditure of funds linked to the milestone-based
[[Page 122 STAT. 3656]]
delivery of specific capabilities, services, performance levels,
mission benefits and outcomes, and program management
capabilities;
(4) an identification of staffing, including full-time
equivalents, contractors, and detailees, by program office;
(5) a description of how the plan addresses security needs
at the Northern border and ports of entry, including
infrastructure, technology, design and operations requirements,
specific locations where funding would be used, and priorities
for Northern border activities;
(6) a report on budget, obligations and expenditures, the
activities completed, and the progress made by the program in
terms of obtaining operational control of the entire border of
the United States;
(7) a listing of all open Government Accountability Office
and the Office of Inspector General recommendations related to
the program and the status of Department of Homeland Security
actions to address the recommendations, including milestones to
fully address such recommendations;
(8) a certification by the Chief Procurement Officer of the
Department that the program: (a) has been reviewed and approved
in accordance with the investment management process of the
Department, and that the process fulfills all capital planning
and investment control requirements and reviews established by
the Office of Management and Budget, including as provided in
Circular A-11, part 7; (b) that the plans for the program comply
with the Federal acquisition rules, requirements, guidelines,
and practices, and a description of the actions being taken to
address areas of non-compliance, the risks associated with such
actions, together with any plans for addressing these risks, and
the status of the implementation of such actions; (c) that
procedures to prevent conflicts of interest between the prime
integrator and major subcontractors are established and that the
Secure Border Initiative Program Office has adequate staff and
resources to effectively manage the Secure Border Initiative
program, all contracts, including the exercise of technical
oversight; and (d) the certifications required under this
paragraph should be accompanied by all documents or memoranda,
as well as documentation and a description of the investment
review processes used to obtain such certifications;
(9) a certification by the Chief Information Officer of the
Department that: (a) the system architecture of the program is
sufficiently aligned with the information systems enterprise
architecture of the Department to minimize future rework,
including a description of all aspects of the architectures that
were or were not assessed in making the alignment determination,
the date of the alignment determination, and any known areas of
misalignment together with the associated risks and corrective
actions to address any such areas; (b) the program has a risk
management process that regularly and proactively identifies,
evaluates, mitigates, and monitors risks throughout the system
life cycle and communicates high-risk conditions to U.S. Customs
and Border Protection and Department of Homeland Security
investment decision-makers, as well as a listing of all the
program's high risks and the status of efforts to address such
risks; (c) an independent verification and
[[Page 122 STAT. 3657]]
validation agent is currently under contract for the projects
funded under this heading; and (d) the certification required
under this paragraph should be accompanied by all documents or
memoranda, as well as documentation and a description of the
investment review processes used to obtain such certification;
(10) a certification by the Chief Human Capital Officer of
the Department that the human capital needs of the Secure Border
Initiative program are being addressed so as to ensure adequate
staff and resources to effectively manage the Secure Border
Initiative, together with a description of SBI staffing
priorities;
(11) an analysis by the Secretary for each segment, defined
as not more than 15 miles, of fencing or tactical
infrastructure, of the selected approach compared to other,
alternative means of achieving operational control, and such
analysis should include cost, level of operational control,
possible unintended effects on communities, and other factors
critical to the decision making process; and
(12) is reviewed by the Government Accountability Office:
Provided further, <<NOTE: Reports. Deadline.>> That the Secretary shall
report to the Committees on Appropriations of the Senate and the House
of Representatives on program progress, and obligations and expenditures
for all outstanding task orders as well as specific objectives to be
achieved through the award of current and remaining task orders planned
for the balance of available appropriations at least 15 days before the
award of any task order requiring an obligation of funds in an amount
greater than $25,000,000 and before the award of a task order that would
cause cumulative obligations of funds to exceed 50 percent of the total
amount <<NOTE: Certification.>> appropriated: Provided further, That
none of the funds provided under this heading may be obligated unless
the Department has complied with section 102(b)(1)(C)(i) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1103 note), and the Secretary certifies such to the Committees on
Appropriations of the Senate and the House of <<NOTE: Waiver
authority. Deadline. Federal Register, publication.>> Representatives:
Provided further, That none of the funds under this heading may be
obligated for any project or activity for which the Secretary has
exercised waiver authority pursuant to section 102(c) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1103 note) until 15 days have elapsed from the date of the publication
of the decision in the Federal Register: Provided further, That
notwithstanding the previous provisos, $100,000,000 of the amount
provided under this heading shall be made available for obligation upon
enactment of this Act without restriction.
Air and Marine Interdiction, Operations, Maintenance, and Procurement
For necessary expenses for the operations, maintenance, and
procurement of marine vessels, aircraft, unmanned aircraft systems, and
other related equipment of the air and marine program, including
operational training and mission-related travel, and rental payments for
facilities occupied by the air or marine interdiction and demand
reduction programs, the operations of which include the following: the
interdiction of narcotics and other goods; the provision of support to
Federal, State, and local agencies in the enforcement or administration
of laws enforced by the Department
[[Page 122 STAT. 3658]]
of Homeland Security; and at the discretion of the Secretary of Homeland
Security, the provision of assistance to Federal, State, and local
agencies in other law enforcement and emergency humanitarian efforts,
$528,000,000, to remain available until expended, of which $5,000,000
shall be to address private aircraft enforcement system noncompliance as
specified in House Report 110-862: Provided, That no aircraft or other
related equipment, with the exception of aircraft that are one of a kind
and have been identified as excess to U.S. Customs and Border Protection
requirements and aircraft that have been damaged beyond repair, shall be
transferred to any other Federal agency, department, or office outside
of the Department of Homeland Security during fiscal year 2009 without
the prior approval of the Committees on Appropriations of the Senate and
the House of <<NOTE: Notification.>> Representatives: Provided further,
That of the total amount made available under this heading, $18,000,000
shall not be obligated until the Secretary notifies the Committees on
Appropriations of the Senate and House of Representatives that the
Department of Homeland Security has implemented the concept of
operations described in section 544 of this Act.
Construction
For necessary expenses to plan, construct, renovate, equip, and
maintain buildings and facilities necessary for the administration and
enforcement of the laws relating to customs and immigration,
$403,201,000, to remain available until expended, of which $39,700,000
shall be for the Advanced Training <<NOTE: Plan. 6 USC 214
note.>> Center: Provided, That for fiscal year 2010 and thereafter, the
annual budget submission of U.S. Customs and Border Protection for
``Construction'' shall, in consultation with the General Services
Administration, include a detailed 5-year plan for all Federal land
border port of entry projects with a yearly update of total projected
future funding needs.
U.S. Immigration and Customs Enforcement
Salaries and Expenses
For necessary expenses for enforcement of immigration and customs
laws, detention and removals, and investigations; and purchase and lease
of up to 3,790 (2,350 for replacement only) police-type vehicles;
$4,927,210,000, of which not to exceed $7,500,000 shall be available
until expended for conducting special operations under section 3131 of
the Customs Enforcement Act of 1986 (19 U.S.C. 2081); of which not to
exceed $15,000 shall be for official reception and representation
expenses; of which not to exceed $1,000,000 shall be for awards of
compensation to informants, to be accounted for solely under the
certificate of the Secretary of Homeland Security; of which not less
than $305,000 shall be for promotion of public awareness of the child
pornography tipline and anti-child exploitation activities; of which not
less than $5,400,000 shall be used to facilitate agreements consistent
with section 287(g) of the Immigration and Nationality Act (8 U.S.C.
1357(g)); and of which not to exceed $11,216,000 shall be available to
fund or reimburse other Federal agencies for the costs associated with
the care, maintenance, and repatriation of smuggled aliens unlawfully
present in the <<NOTE: Waiver authority.>> United States: Provided, That
none of
[[Page 122 STAT. 3659]]
the funds made available under this heading shall be available to
compensate any employee for overtime in an annual amount in excess of
$35,000, except that the Secretary, or the designee of the Secretary,
may waive that amount as necessary for national security purposes and in
cases of immigration <<NOTE: Child labor.>> emergencies: Provided
further, That of the total amount provided, $15,770,000 shall be for
activities in fiscal year 2009 to enforce laws against forced child
labor, of which not to exceed $6,000,000 shall remain available
until <<NOTE: Aliens.>> expended: Provided further, That of the total
amount available, not less than $1,000,000,000, of which $150,000,000
shall remain available until September 30, 2010, shall be available to
identify aliens convicted of a crime, and who may be deportable, and to
remove them from the United States once they are judged deportable:
Provided further, That
the <<NOTE: Reports. Deadlines. Aliens.>> Secretary, or the designee of
the Secretary, shall report to the Committees on Appropriations of the
Senate and the House of Representatives, at least quarterly, on progress
implementing the preceding proviso, and the funds obligated during that
quarter to make that progress: Provided further, That the Secretary
shall prioritize the identification and removal of aliens convicted of a
crime by the severity of that crime: Provided further, That of the total
amount provided, not less than $2,481,213,000 is for detention and
removal operations, including transportation of unaccompanied minor
aliens: Provided further, That of the total amount provided, $6,800,000
shall remain available until September 30, 2010, for the Visa Security
Program: Provided further, That none of the funds provided under this
heading may be used to continue a delegation of law enforcement
authority authorized under section 287(g) of the Immigration and
Nationality Act (8 U.S.C. 1357(g)) if the Department of Homeland
Security Inspector General determines that the terms of the agreement
governing the delegation of authority have been violated: Provided
further, That <<NOTE: Effective date. Contracts.>> effective April 15,
2009, none of the funds provided under this heading may be used to
continue any contract for the provision of detention services if the two
most recent overall performance evaluations received by the contracted
facility are less than ``adequate'' or the equivalent median score in
any subsequent performance evaluation <<NOTE: Deadline. Plan.>> system:
Provided further, That the Secretary shall submit to the Committees on
Appropriations of the Senate and the House of Representatives, not later
than January 5, 2009, a plan for nationwide implementation of the
Alternatives to Detention program that identifies: (1) the funds
required for nationwide program implementation; (2) the timeframe for
achieving nationwide program implementation; and (3) an estimate of the
number of individuals who could be enrolled in a nationwide program:
Provided further, That nothing under this heading shall prevent U.S.
Immigation and Customs Enforcement from exercising those authorities
provided under immigration laws (as defined in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17))) during priority
operations pertaining to aliens convicted of a crime.
Federal Protective Service
The revenues and collections of security fees credited to this
account shall be available until expended for necessary expenses related
to the protection of federally-owned and leased buildings and for the
operations of the Federal
Protective <<NOTE: Certification. Deadline.>> Service: Provided, That
the Secretary of Homeland Security and the Director of the
[[Page 122 STAT. 3660]]
Office of Management and Budget shall certify in writing to the
Committees on Appropriations of the Senate and the House of
Representatives no later than December 31, 2008, that the operations of
the Federal Protective Service will be fully funded in fiscal year 2009
through revenues and collection of security fees, and shall adjust the
fees to ensure fee collections are sufficient to ensure that the Federal
Protective Service maintains not fewer than 1,200 full-time equivalent
staff and 900 full-time equivalent Police Officers, Inspectors, Area
Commanders, and Special Agents who, while working, are directly engaged
on a daily basis protecting and enforcing laws at Federal buildings
(referred to as ``in-service field staff'').
Automation Modernization
For expenses of immigration and customs enforcement automated
systems, $57,000,000, to remain available until expended:
Provided, <<NOTE: Expenditure plan.>> That of the funds made available
under this heading, $5,000,000 shall not be obligated until the
Committees on Appropriations of the Senate and the House of
Representatives receive an expenditure plan prepared by the Secretary of
Homeland Security.
construction
For necessary expenses to plan, construct, renovate, equip, and
maintain buildings and facilities necessary for the administration and
enforcement of the laws relating to customs and immigration, $5,000,000,
to remain available until <<NOTE: Privatization plan.>> expended:
Provided, That none of the funds made available under this heading may
be used to solicit or consider any request to privatize facilities
currently owned by the United States Government and used to detain
aliens unlawfully present in the United States until the Committees on
Appropriations of the Senate and the House of Representatives receive a
plan for carrying out that privatization.
Transportation Security Administration
Aviation Security
(including transfer of funds)
For necessary expenses of the Transportation Security Administration
related to providing civil aviation security services pursuant to the
Aviation and Transportation Security Act (Public Law 107-71; 115 Stat.
597; 49 U.S.C. 40101 note), $4,754,518,000, to remain available until
September 30, 2010, of which not to exceed $10,000 shall be for official
reception and representation expenses: Provided, That of the total
amount made available under this heading, not to exceed $3,935,710,000
shall be for screening operations, of which $621,106,000 shall be
available for explosives detection systems; and not to exceed
$798,808,000 shall be for aviation security direction and enforcement:
Provided further, That of the amount made available in the preceding
proviso for explosives detection systems, $294,000,000 shall be
available for the purchase and installation of these systems, of which
not less than $84,500,000 shall be available for the purchase and
installation of certified explosives detection systems at medium- and
small-sized airports: Provided further, That the purchase of screening
equipment for medium- and small-
[[Page 122 STAT. 3661]]
sized airports must be competitively awarded: Provided further, That any
award to deploy explosives detection systems shall be based on risk, the
airports current reliance on other screening solutions, lobby congestion
resulting in increased security concerns, high injury rates, airport
readiness, and increased cost effectiveness: Provided further, That
security service fees authorized under section 44940 of title 49, United
States Code, shall be credited to this appropriation as offsetting
collections and shall be available only for aviation security: Provided
further, That any funds collected and made available from aviation
security fees pursuant to section 44940(i) of title 49, United States
Code, may, notwithstanding paragraph (4) of such section 44940(i), be
expended for the purpose of improving screening at airport screening
checkpoints, which may include the purchase and utilization of emerging
technology equipment; the refurbishment and replacement of current
equipment; the installation of surveillance systems to monitor
checkpoint activities; the modification of checkpoint infrastructure to
support checkpoint reconfigurations; and the creation of additional
checkpoints to screen aviation passengers and airport personnel:
Provided further, That of the amounts provided under this heading,
$20,000,000 may be transferred to the ``Surface Transportation
Security'', ``Transportation Threat Assessment and Credentialing'', and
``Transportation Security Support'' appropriations in this Act for the
purpose of implementing regulations and activities authorized in the
Implementing Recommendations of the 9/11 Commission Act of 2007 (Public
Law 110-53): Provided further, That the sum appropriated under this
heading from the general fund shall be reduced on a dollar-for-dollar
basis as such offsetting collections are received during fiscal year
2009, so as to result in a final fiscal year appropriation from the
general fund estimated at not more than $2,434,518,000: Provided
further, That any security service fees collected in excess of the
amount made available under this heading shall become available during
fiscal year 2010: Provided further, That Members of the United States
House of Representatives and United States Senate, including the
leadership; the heads of Federal agencies and commissions, including the
Secretary, Under Secretaries, and Assistant Secretaries of the
Department of Homeland Security; the United States Attorney General and
Assistant Attorneys General and the United States attorneys; and senior
members of the Executive Office of the President, including the Director
of the Office of Management and Budget; shall not be exempt from Federal
passenger and baggage screening.
surface transportation security
For necessary expenses of the Transportation Security Administration
related to providing surface transportation security activities,
$49,606,000, to remain available until September 30, 2010.
transportation threat assessment and credentialing
For necessary expenses for the development and implementation of
screening programs of the Office of Transportation Threat Assessment and
Credentialing, $116,018,000, to remain available until September
30, <<NOTE: Certification.>> 2010: Provided, That if the Assistant
Secretary of Homeland Security (Transportation Security Administration)
determines that the Secure Flight program does not need to check airline
passenger names against the full terrorist watch list, the
[[Page 122 STAT. 3662]]
Assistant Secretary shall certify to the Committees on Appropriations of
the Senate and the House of Representatives that no significant security
risks are raised by screening airline passenger names only against a
subset of the full terrorist watch list.
Transportation Security Support
For necessary expenses of the Transportation Security Administration
related to providing transportation security support and intelligence
pursuant to the Aviation and Transportation Security Act (Public Law
107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $947,735,000, to remain
available until September 30, <<NOTE: Expenditure plans. Explosives
detection.>> 2010: Provided, That of the funds appropriated under this
heading, $20,000,000 may not be obligated for headquarters
administration until the Secretary of Homeland Security submits to the
Committees on Appropriations of the Senate and the House of
Representatives detailed expenditure plans for checkpoint support and
explosives detection systems refurbishment, procurement, and
installations on an airport-by-airport basis for fiscal
year <<NOTE: Deadline.>> 2009: Provided further, That these plans shall
be submitted no later than 60 days after the date of enactment of this
Act.
Federal Air Marshals
For necessary expenses of the Federal Air Marshals, $819,481,000.
Coast Guard
Operating Expenses
For necessary expenses for the operation and maintenance of the
Coast Guard, not otherwise provided for; purchase or lease of not to
exceed 25 passenger motor vehicles, which shall be for replacement only;
for purchase or lease of small boats for contingent and emergent
requirements (at a unit cost of no more than $700,000) and for repairs
and service-life replacements, not to exceed a total of $26,000,000;
minor shore construction projects not exceeding $1,000,000 in total cost
at any location; payments pursuant to section 156 of Public Law 97-377
(42 U.S.C. 402 note; 96 Stat. 1920); and recreation and welfare;
$6,194,925,000, of which $340,000,000 shall be for defense-related
activities; of which $24,500,000 shall be derived from the Oil Spill
Liability Trust Fund to carry out the purposes of section 1012(a)(5) of
the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); of which not to
exceed $20,000 shall be for official reception and representation
expenses; and of which $3,600,000 shall be available until expended for
the cost of repairing, rehabilitating, altering, modifying, and making
improvements, including customized tenant improvements, to any
replacement or expanded Operations Systems Center facility: Provided,
That none of the funds made available by this or any other Act shall be
available for administrative expenses in connection with shipping
commissioners in the United States: Provided further, That none of the
funds made available by this Act shall be for expenses incurred for
recreational vessels under section 12114 of title 46, United States
Code, except to the extent fees are collected from yacht owners and
credited to <<NOTE: Financial plan. Deadline.>> this appropriation:
Provided
[[Page 122 STAT. 3663]]
further, That the Commandant shall submit a financial management
improvement plan that has been reviewed by the Inspector General of the
Department of Homeland Security containing yearly, measurable
milestones, to the Committees on Appropriations of the Senate and the
House of Representatives by December 1, 2008: Provided further, That the
Coast Guard shall comply with the requirements of section 527 of Public
Law 108-136 with respect to the Coast Guard Academy: Provided further,
That notwithstanding section 503 of this Act, amounts not to exceed 5
percent of the total amount appropriated under this heading may be
transferred to the ``Acquisition, Construction, and Improvements''
appropriation, to be available under the terms and conditions applicable
to that appropriation, and to be available for personnel compensation
and benefits and related costs to adjust personnel assignment to
accelerate management and oversight of new or existing projects without
detrimentally affecting the management and oversight of other projects:
Provided further, That the amount made available for ``Personnel,
Compensation, and Benefits'' in the ``Acquisition, Construction, and
Improvements'' appropriation shall not be increased by more than 10
percent by such <<NOTE: Notification. Deadline.>> transfers: Provided
further, That the Committees on Appropriations of the Senate and the
House of Representatives shall be notified of each transfer within 10
days after it is executed.
environmental compliance and restoration
For necessary expenses to carry out the environmental compliance and
restoration functions of the Coast Guard under chapter 19 of title 14,
United States Code, $13,000,000, to remain available until expended.
Reserve Training
For necessary expenses of the Coast Guard Reserve, as authorized by
law; operations and maintenance of the reserve program; personnel and
training costs; and equipment and services; $130,501,000.
acquisition, construction, and improvements
For necessary expenses of acquisition, construction, renovation, and
improvement of aids to navigation, shore facilities, vessels, and
aircraft, including equipment related thereto; and maintenance,
rehabilitation, lease and operation of facilities and equipment, as
authorized by law; $1,494,576,000, of which $20,000,000 shall be derived
from the Oil Spill Liability Trust Fund to carry out the purposes of
section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(a)(5)); of which $113,000,000 shall be available until September
30, 2013, to acquire, repair, renovate, or improve vessels, small boats,
and related equipment; of which $89,174,000 shall be available until
September 30, 2011, for other equipment; of which $68,000,000 shall be
available until September 30, 2011, for shore facilities and aids to
navigation facilities, including $3,000,000 for Sector Buffalo and
$15,000,000 for the Rescue Swimmer Training Facility; of which
$92,830,000 shall be available for personnel compensation and benefits
and related costs; of which $97,578,000 shall be available until
expended for a new Coast Guard and Department of Homeland Security
headquarters; and
[[Page 122 STAT. 3664]]
of which $1,033,994,000 shall be available until September 30, 2013, for
the Integrated Deepwater Systems program: Provided, That of the funds
made available for the Integrated Deepwater Systems program,
$244,550,000 is for aircraft and $571,003,000 is for
surface <<NOTE: Expenditure plan.>> ships: Provided further, That
$350,000,000 of the funds provided for the Integrated Deepwater Systems
program may not be obligated until the Committees on Appropriations of
the Senate and the House of Representatives receive directly from the
Coast Guard and approve a plan for expenditure that--
(1) defines activities, milestones, yearly costs, and life
cycle costs for each new procurement of a major asset, including
an independent cost estimate for each;
(2) identifies life cycle staffing and training needs of
Coast Guard project managers and procurement and contract staff;
(3) identifies competition to be conducted in, and
summarizes the approved acquisition strategy for, each
procurement;
(4) includes a certification by the Chief Human Capital
Officer of the Department of Homeland Security that current
human capital capabilities are sufficient to execute the
expenditure plan;
(5) includes an explanation of each procurement that
involves an indefinite delivery/indefinite quantity contract and
explains the need for such contract;
(6) identifies individual project balances by fiscal year,
including planned carryover into fiscal year 2010 by project;
(7) identifies operational gaps by asset and explains how
funds provided in this Act address the shortfalls between
current operational capabilities and requirements;
(8) includes a listing of all open Government Accountability
Office and Office of Inspector General recommendations related
to the program and the status of Coast Guard actions to address
the recommendations, including milestones for fully addressing
them;
(9) includes a certification by the Chief Procurement
Officer of the Department that the program has been reviewed and
approved in accordance with the investment management process of
the Department, and that the process fulfills all capital
planning and investment control requirements and reviews
established by the Office of Management and Budget, including
Circular A-11, part 7;
(10) identifies use of the Defense Contract Audit Agency;
(11) includes a certification by the head of contracting
activity for the Coast Guard and the Chief Procurement Officer
of the Department that the plans for the program comply with the
Federal acquisition rules, requirements, guidelines, and
practices, and a description of the actions being taken to
address areas of non-compliance, the risks associated with them
along with plans for addressing these risks, and the status of
their implementation;
(12) identifies the use of independent validation and
verification; and
(13) is reviewed by the Government Accountability Office:
Provided further, That no funding may be obligated for low rate initial
production or initial production of any Integrated Deepwater Systems
program asset until Coast Guard revises its Major Systems Acquisition
Manual procedures to require a formal design review prior to the
authorization of low rate initial production or initial
[[Page 122 STAT. 3665]]
production: Provided <<NOTE: Reports.>> further, That the Secretary of
Homeland Security shall submit to the Committees on Appropriations of
the Senate and the House of Representatives, in conjunction with the
President's fiscal year 2010 budget, a review of the Revised Deepwater
Implementation Plan that identifies any changes to the plan for the
fiscal year; an annual performance comparison of Integrated Deepwater
Systems program assets to pre-Deepwater legacy assets; a status report
of legacy assets; a detailed explanation of how the costs of legacy
assets are being accounted for within the Integrated Deepwater Systems
program; and the earned value management system gold card data for each
Integrated Deepwater Systems
program <<NOTE: Reports. Deadline. Effective date. 14 USC 663
note.>> asset: Provided further, That the Secretary shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives a comprehensive review of the Revised Deepwater
Implementation Plan every 5 years, beginning in fiscal year 2011, that
includes a complete projection of the acquisition costs and schedule for
the duration of the plan through fiscal
year <<NOTE: Deadline. Investment plan. 14 USC 663 note.>> 2027:
Provided further, That the Secretary shall annually submit to the
Committees on Appropriations of the Senate and the House of
Representatives, at the time that the President's budget is submitted
under section 1105(a) of title 31, United States Code, a future-years
capital investment plan for the Coast Guard that identifies for each
capital budget line item--
(1) the proposed appropriation included in that budget;
(2) the total estimated cost of completion;
(3) projected funding levels for each fiscal year for the
next 5 fiscal years or until project completion, whichever is
earlier;
(4) an estimated completion date at the projected funding
levels; and
(5) changes, if any, in the total estimated cost of
completion or estimated completion date from previous future-
years capital investment plans submitted to the Committees on
Appropriations of the Senate and the House of Representatives:
Provided further, That the Secretary shall ensure that amounts specified
in the future-years capital investment plan are consistent to the
maximum extent practicable with proposed appropriations necessary to
support the programs, projects, and activities of the Coast Guard in the
President's budget as submitted under section 1105(a) of title 31,
United States Code, for that fiscal year: Provided further, That any
inconsistencies between the capital investment plan and proposed
appropriations shall be identified and justified: Provided further,
That <<NOTE: Applicability.>> subsections (a), and (b) of section 6402
of the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq
Accountability Appropriations Act, 2007 (Public Law 110-28) shall apply
to fiscal year 2009: Provided further, That notwithstanding section 503
of this Act, amounts transferred from the ``Operating Expenses''
appropriation for personnel compensation and benefits and related costs
to adjust personnel assignment to accelerate management and oversight of
new or existing projects may be transferred to the ``Operating
Expenses'' appropriation to be merged with that appropriation, to be
available under the same terms and conditions for which that
appropriation is available, when no longer required for project
acceleration or oversight, or to otherwise adjust
personnel <<NOTE: Notification. Deadline.>> assignment: Provided
further, That the Committees on Appropriations of the Senate and the
House
[[Page 122 STAT. 3666]]
of Representatives shall be notified of each transfer within 30 days
after it is executed.
Alteration of Bridges
For necessary expenses for alteration or removal of obstructive
bridges, as authorized by section 6 of the Truman-Hobbs Act (33 U.S.C.
516), $16,000,000, to remain available until expended: Provided, That of
the amounts made available under this heading, $2,000,000 shall be for
the Burlington Northern Railroad Bridge in Burlington, Iowa; $2,000,000
shall be for the Canadian Pacific Railway Bridge in La Crosse,
Wisconsin; $2,000,000 shall be for the Chelsea Street Bridge in Chelsea,
Massachusetts; $2,000,000 shall be for the Elgin, Joliet, and Eastern
Railway Company Bridge in Morris, Illinois; $4,000,000 shall be for the
Fourteen Mile Bridge in Mobile, Alabama; and $4,000,000 shall be for the
Galveston Causeway Bridge in Galveston, Texas.
Research, Development, Test, and Evaluation
For necessary expenses for applied scientific research, development,
test, and evaluation; and for maintenance, rehabilitation, lease, and
operation of facilities and equipment; as authorized by law;
$18,000,000, to remain available until expended, of which $500,000 shall
be derived from the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)): Provided, That there may be credited to and used for
the purposes of this appropriation funds received from State and local
governments, other public authorities, private sources, and foreign
countries for expenses incurred for research, development, testing, and
evaluation.
Retired Pay
For retired pay, including the payment of obligations otherwise
chargeable to lapsed appropriations for this purpose, payments under the
Retired Serviceman's Family Protection and Survivor Benefits Plans,
payment for career status bonuses, concurrent receipts and combat-
related special compensation under the National Defense Authorization
Act, and payments for medical care of retired personnel and their
dependents under chapter 55 of title 10, United States Code,
$1,236,745,000, to remain available until expended.
United States Secret Service
Salaries and Expenses
For necessary expenses of the United States Secret Service,
including purchase of not to exceed 675 vehicles for police-type use, of
which 645 shall be for replacement only, and hire of passenger motor
vehicles; purchase of motorcycles made in the United States; hire of
aircraft; services of expert witnesses at such rates as may be
determined by the Director of the Secret Service; rental of buildings in
the District of Columbia, and fencing, lighting, guard booths, and other
facilities on private or other property not in Government ownership or
control, as may be necessary to perform protective functions; payment of
per diem or subsistence allowances to employees where a protective
assignment during the
[[Page 122 STAT. 3667]]
actual day or days of the visit of a protectee requires an employee to
work 16 hours per day or to remain overnight at a post of duty; conduct
of and participation in firearms matches; presentation of awards; travel
of United States Secret Service employees on protective missions without
regard to the limitations on such expenditures in this or any other Act
if approval is obtained in advance from the Committees on Appropriations
of the Senate and the House of Representatives; research and
development; grants to conduct behavioral research in support of
protective research and operations; and payment in advance for
commercial accommodations as may be necessary to perform protective
functions; $1,408,729,000; of which not to exceed $25,000 shall be for
official reception and representation expenses; of which not to exceed
$100,000 shall be to provide technical assistance and equipment to
foreign law enforcement organizations in counterfeit investigations; of
which $2,366,000 shall be for forensic and related support of
investigations of missing and exploited children; and of which
$6,000,000 shall be for a grant for activities related to the
investigations of missing and exploited children and shall remain
available until expended: Provided, That up to $18,000,000 provided for
protective travel shall remain available until September 30, 2010:
Provided further, That up to $1,000,000 for National Special Security
Events shall remain available until expended: Provided further, That the
United States Secret Service is authorized to obligate funds in
anticipation of reimbursements from Federal agencies and entities, as
defined in section 105 of title 5, United States Code, receiving
training sponsored by the James J. Rowley Training Center, except that
total obligations at the end of the fiscal year shall not exceed total
budgetary resources available under this heading at the end of the
fiscal <<NOTE: Waiver authority.>> year: Provided further, That none of
the funds made available under this heading shall be available to
compensate any employee for overtime in an annual amount in excess of
$35,000, except that the Secretary of Homeland Security, or the designee
of the Secretary, may waive that amount as necessary for national
security <<NOTE: Reports. Certification.>> purposes: Provided further,
That the limitation in the preceding proviso shall not take effect until
the Director of the Office of Management and Budget submits to the
Committees on Appropriations of the Senate and the House of
Representatives a report certifying that such a limitation on
compensation will not have a significant effect on operations of the
United States Secret Service: Provided further, That none of the funds
appropriated to the United States Secret Service by this Act or by
previous appropriations Acts may be made available for the protection of
the head of a Federal agency other than the Secretary of Homeland
Security: Provided further, That the Director of the United States
Secret Service may enter into an agreement to perform such service on a
fully reimbursable basis.
acquisition, construction, improvements, and related expenses
For necessary expenses for acquisition, construction, repair,
alteration, and improvement of facilities, $4,225,000, to remain
available until expended: Provided, That of the total amount provided,
$250,000 is for a perimeter security and noise abatement study at the
James J. Rowley Training Center.
[[Page 122 STAT. 3668]]
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
management and administration
For salaries and expenses of the Office of the Under Secretary for
the National Protection and Programs Directorate, support for
operations, information technology, and the Office of Risk Management
and Analysis, $51,350,000: Provided, That not to exceed $5,000 shall be
for official reception and representation expenses.
Infrastructure Protection and Information Security
For necessary expenses for infrastructure protection and information
security programs and activities, as authorized by title II of the
Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), $806,913,000, of
which $720,116,000 shall remain available until September 30, 2010:
Provided, That of the total amount provided, $20,000,000 is for
necessary expenses of the National Infrastructure Simulation and
Analysis <<NOTE: Expenditure plan.>> Center: Provided further, That of
the amount made available under this heading, $127,462,000 may not be
obligated for the National Cyber Security Initiative program and
$25,125,000 may not be obligated for the Next Generation Networks
program until the Committees on Appropriations of the Senate and the
House of Representatives receive and approve a plan for expenditure for
that program that describes the strategic context of the program; the
specific goals and milestones set for the program; and the funds
allocated to achieving each of those goals: Provided further, That of
the total amount provided, $2,000,000 is for Philadelphia infrastructure
monitoring; $3,000,000 is for protection of critical underground
infrastructure in major urban areas; $1,000,000 is for improved
improvised explosive device mapping and modeling tools; $3,500,000 is
for State and local cyber security training; and $4,000,000 is for the
Power and Cyber Systems Protection, Analysis, and Testing Program at the
Idaho National Laboratory.
united states visitor and immigrant status indicator technology
For necessary expenses for the development of the United States
Visitor and Immigrant Status Indicator Technology project, as authorized
by section 110 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1365a), $300,000,000, to remain
available until <<NOTE: Expenditure plan.>> expended: Provided, That of
the total amount made available under this heading, $75,000,000 may not
be obligated for the United States Visitor and Immigrant Status
Indicator Technology project until the Committees on Appropriations of
the Senate and the House of Representatives receive a plan for
expenditure prepared by the Secretary of Homeland Security that
includes--
(1) a detailed accounting of the program's progress to date
relative to system capabilities or services, system performance
levels, mission benefits and outcomes, milestones, cost targets,
and program management capabilities;
[[Page 122 STAT. 3669]]
(2) an explicit plan of action defining how all funds are to
be obligated to meet future program commitments, with the
planned expenditure of funds linked to the milestone-based
delivery of specific capabilities, services, performance levels,
mission benefits and outcomes, and program management
capabilities;
(3) a listing of all open Government Accountability Office
and Office of Inspector General recommendations related to the
program and the status of Department of Homeland Security
actions to address the recommendations, including milestones for
fully addressing such recommendations;
(4)(a) a certification by the Chief Procurement Officer of
the Department that (1) the program has been reviewed and
approved in accordance with the investment management process of
the Department; (2) the process fulfills all capital planning
and investment control requirements and reviews established by
the Office of Management and Budget, including as provided in
Circular A-11, part 7; and (3) the plans for the program comply
with the Federal acquisition rules, requirements, guidelines,
and practices; and (b) a description by the Chief Procurement
Officer of the actions being taken to address areas of non-
compliance, the risks associated with such areas as well as any
plans for addressing such risks, and the status of the
implementation of such actions;
(5)(a) a certification by the Chief Information Officer of
the Department that (1) an independent verification and
validation agent is currently under contract for the project;
(2) the system architecture of the program is sufficiently
aligned with the information systems enterprise architecture of
the Department to minimize future rework, including a
description of all aspects of the architecture that were or were
not assessed in making the alignment determination, the date of
the alignment determination, and any known areas of misalignment
along with the associated risks and corrective actions to
address any such areas; and (3) the program has a risk
management process that regularly identifies, evaluates,
mitigates, and monitors risks throughout the system life cycle,
and communicates high-risk conditions to agency and Department
investment decision makers; and (b) a listing by the Chief
Information Officer of all the program's high risks and the
status of efforts to address them;
(6) a certification by the Chief Human Capital Officer of
the Department that the human capital needs of the program are
being strategically and proactively managed, and that current
human capital capabilities are sufficient to execute the plans
discussed in the report;
(7) a complete schedule for the full implementation of a
biometric exit program or a certification that such program is
not possible within 5 years; and
(8) a detailed accounting of operation and maintenance,
contractor services, and program costs associated with the
management of identity services:
Provided further, <<NOTE: Reports.>> That no funding under this heading
shall be obligated for implementation of a final air exit solution
pursuant to the notice of proposed rulemaking (DHS-2008-0039) published
on April 24, 2008, until the Committees on Appropriations of the Senate
and the House of Representatives receive a report on pilot
[[Page 122 STAT. 3670]]
tests of the air exit solution, which shall be reviewed by the
Government Accountability Office, and which shall test at least two
scenarios: (a) where the airlines collect and transmit biometric exit
data as proposed in the notice of proposed rulemaking and (b) where U.S.
Customs and Border Protection collects such information at the departure
gates.
Office of Health Affairs
For necessary expenses of the Office of Health Affairs,
$157,191,000, of which $29,210,000 is for salaries and expenses; and of
which $127,981,000 is to remain available until September 30, 2010, for
biosurveillance, BioWatch, medical readiness planning, chemical
response, and other activities: Provided, That not to exceed $3,000
shall be for official reception and representation expenses.
Federal Emergency Management Agency
Management and Administration
For necessary expenses for management and administration of the
Federal Emergency Management Agency, $837,437,000, including activities
authorized by the National Flood Insurance Act of 1968 (42 U.S.C. 4001
et seq.), the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards
Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the Defense Production
Act of 1950 (50 U.S.C. App. 2061 et seq.), sections 107 and 303 of the
National Security Act of 1947 (50 U.S.C. 404, 405), Reorganization Plan
No. 3 of 1978 (5 U.S.C. App.), the Homeland Security Act of 2002 (6
U.S.C. 101 et seq.), and the Post-Katrina Emergency Management Reform
Act of 2006 (Public Law 109-295; 120 Stat. 1394): Provided, That not to
exceed $3,000 shall be for official reception and representation
expenses: Provided further, <<NOTE: Federal budget.>> That the
President's budget submitted under section 1105(a) of title 31, United
States Code, shall be detailed by office for the Federal Emergency
Management Agency: Provided further,
That <<NOTE: Certification. Reports.>> $10,000,000 shall not be
available for obligation until the Secretary of Homeland Security, in
coordination with the Administrator of the Federal Emergency Management
Agency, certifies and reports to the Committees on Appropriations of the
Senate and the House of Representatives that processes to incorporate
stakeholder input for grant guidance development and award distribution
have been: (1) developed to ensure transparency and increased
consultation about security needs for all-hazards; (2) formalized and
made clear to stakeholders; and (3) formalized to ensure future use for
each fiscal year: Provided further, That of the total amount made
available under this heading, $5,000,000 shall be for the development of
tools and systems to measure the achievement and effectiveness of first
responder grant programs: Provided further, That of the total amount
made available under this heading, $32,500,000 shall be for the Urban
Search and Rescue Response System, of which not to exceed $1,600,000 may
be made available for administrative costs; $2,200,000 shall be for the
Pacific Region Homeland Security Center, Honolulu, Hawaii, $5,000,000
shall be for the State of North Carolina, and $2,425,000 shall be for
the Commonwealth of Kentucky, as detailed in the statement accompanying
this Act; and $6,342,000 shall be for the Office of National Capital
Region <<NOTE: West Virginia. Pennsylvania. Disaster
evacuation.>> Coordination: Provided further, That for
[[Page 122 STAT. 3671]]
purposes of planning, coordination, execution, and decision-making
related to mass evacuation during a disaster, the Governors of the State
of West Virginia and the Commonwealth of Pennsylvania, or their
designees, shall be incorporated into efforts to integrate the
activities of Federal, State, and local governments in the National
Capital Region, as defined in section 882 of Public Law 107-296, the
Homeland Security Act of 2002.
State and Local Programs
(including transfer of funds)
For grants, contracts, cooperative agreements, and other activities,
$3,105,700,000 shall be allocated as follows:
(1) $950,000,000 shall be for the State Homeland Security
Grant Program under section 2004 of the Homeland Security Act of
2002 (6 U.S.C. 605): Provided, That of the amount provided by
this paragraph, $60,000,000 shall be for Operation Stonegarden:
Provided further, That notwithstanding subsection (c)(4) of such
section 2004, for fiscal year 2009, the Commonwealth of Puerto
Rico shall make available to local and tribal governments
amounts provided to the Commonwealth of Puerto Rico under this
paragraph in accordance with subsection (c)(1) of such section
2004.
(2) $837,500,000 shall be for the Urban Area Security
Initiative under section 2003 of the Homeland Security Act of
2002 (6 U.S.C. 604), of which, notwithstanding subsection (c)(1)
of such section, $15,000,000 shall be for grants to
organizations (as described under section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from tax section 501(a)
of such code) determined by the Secretary of Homeland Security
to be at high risk of a terrorist attack.
(3) $35,000,000 shall be for Regional Catastrophic
Preparedness Grants.
(4) $41,000,000 shall be for the Metropolitan Medical
Response System under section 635 of the Post-Katrina Emergency
Management Reform Act of 2006 (6 U.S.C. 723).
(5) $15,000,000 shall be for the Citizen Corps Program.
(6) $400,000,000 shall be for Public Transportation Security
Assistance and Railroad Security Assistance under sections 1406
and 1513 of the Implementing Recommendations of the 9/11
Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1135 and
1163), of which not less than $25,000,000 shall be for Amtrak
security: Provided, That there shall be no cost share
requirement for funds made available under this paragraph and
made available for these same purposes in Public Law 110-161:
Provided further, That such public transportation security
assistance shall be provided directly to public transportation
agencies.
(7) $400,000,000 shall be for Port Security Grants in
accordance with 46 U.S.C. 70107.
(8) $12,000,000 shall be for Over-the-Road Bus Security
Assistance under section 1532 of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (Public Law
110-53; 6 U.S.C. 1182).
(9) $8,000,000 shall be for Trucking Industry Security
Grants.
[[Page 122 STAT. 3672]]
(10) $50,000,000 shall be for Buffer Zone Protection Program
Grants.
(11) $8,000,000 shall be for the Commercial Equipment Direct
Assistance Program.
(12) $50,000,000 shall be for the Interoperable Emergency
Communications Grant Program under section 1809 of the Homeland
Security Act of 2002 (6 U.S.C. 579).
(13) $35,000,000 shall remain available until expended, for
grants for Emergency Operations Centers under section 614 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5196c), as detailed in the statement accompanying
this Act.
(14) $264,200,000 shall be for training, exercises,
technical assistance, and other programs, of which--
(A) $164,500,000 is for purposes of training in
accordance with section 1204 of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (6
U.S.C. 1102), of which $62,500,000 shall be for the
Center for Domestic Preparedness; $23,000,000 shall be
for the National Energetic Materials Research and
Testing Center, New Mexico Institute of Mining and
Technology; $23,000,000 shall be for the National Center
for Biomedical Research and Training, Louisiana State
University; $23,000,000 shall be for the National
Emergency Response and Rescue Training Center, Texas A&M
University; $23,000,000 shall be for the National
Exercise, Test, and Training Center, Nevada Test Site;
$5,000,000 shall be for the Transportation Technology
Center, Incorporated, in Pueblo, Colorado; and
$5,000,000 shall be for the National Disaster
Preparedness Training Center, University of Hawaii,
Honolulu, Hawaii; and
(B) $1,700,000 for the Center for Counterterrorism
and Cyber Crime, Norwich University, Northfield,
Vermont:
Provided, That <<NOTE: Expenditure plan. Deadline.>> not to exceed 3
percent of the amounts provided under this heading may be transferred to
the Federal Emergency Management Agency ``Management and
Administration'' account for program administration, and an expenditure
plan for program administration shall be provided to the Committees on
Appropriations of the Senate and the House of Representatives within 60
days of the date of enactment of this <<NOTE: Grants. Deadlines.>> Act:
Provided further, That for grants under paragraphs (1) through (5), the
applications for grants shall be made available to eligible applicants
not later than 25 days after the date of enactment of this Act, that
eligible applicants shall submit applications not later than 90 days
after the grant announcement, and that the Administrator of the Federal
Emergency Management Agency shall act within 90 days after receipt of
an <<NOTE: Grants. Deadlines.>> application: Provided further, That for
grants under paragraphs (6) through (10) and (12), the applications for
grants shall be made available to eligible applicants not later than 30
days after the date of enactment of this Act, that eligible applicants
shall submit applications within 45 days after the grant announcement,
and that the Federal Emergency Management Agency shall act not later
than 60 days after receipt of an application: Provided further, That for
grants under paragraphs (1) and (2), the installation of communications
towers is not considered construction of a building or other
physical <<NOTE: Reports.>> facility: Provided further, That grantees
shall provide reports on their use of funds, as determined necessary
[[Page 122 STAT. 3673]]
by the Secretary: Provided further, That (a) the Center for Domestic
Preparedness may provide training to emergency response providers from
the Federal Government, foreign governments, or private entities, if the
Center for Domestic Preparedness is reimbursed for the cost of such
training, and any reimbursement under this subsection shall be credited
to the account from which the expenditure being reimbursed was made and
shall be available, without fiscal year limitation, for the purposes for
which amounts in the account may be expended, (b) the head of the Center
for Domestic Preparedness shall ensure that any training provided under
(a) does not interfere with the primary mission of the Center to train
State and local emergency
response <<NOTE: Reports. Deadline.>> providers: Provided further, That
the Government Accountability Office shall report to the Committees on
Appropriations of the Senate and the House of Representatives regarding
the data, assumptions, and methodology that the Department of Homeland
Security uses to assess risk and allocate grants under the Urban Area
Security Initiative and State Homeland Security Grant Program not later
than 45 days after the date of enactment of this Act: Provided further,
That the report shall include an assessment of the reliability and
validity of the data used, the basis for the assumptions used, how the
methodology is applied to determine the risk scores for individual
locations, an analysis of the usefulness of placing States and cities
into tier groups, and the allocation of grants to eligible locations:
Provided further, That the Department provide the Government
Accountability Office with the actual data that the Department used for
its risk assessment and grant <<NOTE: Deadline.>> allocation: Provided
further, That the Department provide the Government Accountability
Office with access to all data needed for its analysis and report,
including specifics on all changes for the fiscal year 2009 process,
including, but not limited to, all changes in data, assumptions, and
weights used in methodology within 7 days after the date of enactment of
this <<NOTE: Deadline.>> Act: Provided further, That any subsequent
changes made regarding the risk methodology after the initial
information is provided to the Government Accountability Office shall be
provided within 7 days after the change is made.
Firefighter Assistance Grants
For necessary expenses for programs authorized by the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.),
$775,000,000, of which $565,000,000 shall be available to carry out
section 33 of that Act (15 U.S.C. 2229) and $210,000,000 shall be
available to carry out section 34 of that Act (15 U.S.C. 2229a), to
remain available until September 30, <<NOTE: Expenditure
plan. Deadline.>> 2010: Provided, That not to exceed 5 percent of the
amount available under this heading shall be available for program
administration, and an expenditure plan for program administration shall
be provided to the Committees on Appropriations of the Senate and the
House of Representatives within 60 days of the date of enactment of this
Act.
emergency management performance grants
For necessary expenses for emergency management performance grants,
as authorized by the National Flood Insurance Act of 1968 (42 U.S.C.
4001 et seq.), the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards
Reduction Act of 1977 (42 U.S.C. 7701
[[Page 122 STAT. 3674]]
et seq.), and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.),
$315,000,000: Provided, That total administrative costs shall not exceed
3 percent of the total amount appropriated under this heading.
Radiological Emergency Preparedness Program
The aggregate charges assessed during fiscal year 2009, as
authorized in title III of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the
amounts anticipated by the Department of Homeland Security necessary for
its radiological emergency preparedness program for the next fiscal
year: Provided, That the methodology for assessment and collection of
fees shall be fair and equitable and shall reflect costs of providing
such services, including administrative costs of collecting such fees:
Provided further, That fees received under this heading shall be
deposited in this account as offsetting collections and will become
available for authorized purposes on October 1, 2009, and remain
available until expended.
united states fire administration
For necessary expenses of the United States Fire Administration and
for other purposes, as authorized by the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2201 et seq.) and the Homeland Security
Act of 2002 (6 U.S.C. 101 et seq.), $44,979,000.
disaster relief
(including transfer of funds)
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$1,400,000,000, to remain available <<NOTE: Expenditure
plan. Deadline.>> until expended: Provided, That the Federal Emergency
Management Agency shall submit an expenditure plan to the Committees on
Appropriations of the Senate and the House of Representatives detailing
the use of the funds for disaster readiness and support within 60 days
after the date of enactment of this <<NOTE: Deadlines. Reports.>> Act:
Provided further, That the Federal Emergency Management Agency shall
provide a quarterly report detailing obligations against the expenditure
plan and a justification for any changes in spending: Provided further,
That of the total amount provided, $16,000,000 shall be transferred to
the Department of Homeland Security Office of Inspector General for
audits and investigations related to disasters, subject to section 503
of this Act: Provided further, That up to $105,600,000 may be
transferred to Federal Emergency Management Agency ``Management and
Administration'' for management and administration functions: Provided
further, <<NOTE: Implementation plan.>> That the amount provided in the
previous proviso shall not be available for transfer to ``Management and
Administration'' until the Federal Emergency Management Agency submits
an implementation plan to the Committees on Appropriations of the Senate
and the House of Representatives: Provided further, That
the <<NOTE: Reports.>> Federal Emergency Management Agency shall submit
the monthly ``Disaster Relief'' report, as specified in Public Law 110-
161, to the Committees on Appropriations of the
[[Page 122 STAT. 3675]]
Senate and the House of Representatives, and include the amounts
provided to each Federal agency for mission assignments: Provided
further, That for any request for reimbursement from a Federal agency to
the Department of Homeland Security to cover expenditures under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), or any mission assignment orders issued by the
Department for such purposes, the Secretary of Homeland Security shall
take appropriate steps to ensure that each agency is periodically
reminded of Department policies on--
(1) the detailed information required in supporting
documentation for reimbursements; and
(2) the necessity for timeliness of agency billings.
Disaster Assistance Direct Loan Program Account
For activities under section 319 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5162), $295,000 is for
the cost of direct loans: Provided, That gross obligations for the
principal amount of direct loans shall not exceed $25,000,000: Provided
further, That the cost of modifying such loans shall be as defined in
section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a).
flood map modernization fund
For necessary expenses under section 1360 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4101), $220,000,000, and such
additional sums as may be provided by State and local governments or
other political subdivisions for cost-shared mapping activities under
section 1360(f)(2) of such Act (42 U.S.C. 4101(f)(2)), to remain
available until expended: Provided, That total administrative costs
shall not exceed 3 percent of the total amount appropriated under this
heading.
National Flood Insurance Fund
For activities under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), and the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001 et seq.), $156,599,000, which shall be derived from
offsetting collections assessed and collected under section 1308(d) of
the National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)), which is
available as follows: (1) not to exceed $49,418,000 for salaries and
expenses associated with flood mitigation and flood insurance
operations; and (2) no less than $107,181,000 for flood plain management
and flood mapping, which shall remain available until September 30,
2010: Provided, That any additional fees collected pursuant to section
1308(d) of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(d))
shall be credited as an offsetting collection to this account, to be
available for flood plain management and flood mapping: Provided
further, That in fiscal year 2009, no funds shall be available from the
National Flood Insurance Fund under section 1310 of that Act (42 U.S.C.
4017) in excess of: (1) $85,000,000 for operating expenses; (2)
$869,905,000 for commissions and taxes of agents; (3) such sums as are
necessary for interest on Treasury borrowings; and (4) $125,700,000,
which shall remain available until expended for flood mitigation
actions, of which $80,000,000 is for severe repetitive loss properties
under section 1361A of the National Flood Insurance
[[Page 122 STAT. 3676]]
Act of 1968 (42 U.S.C. 4102a), of which $10,000,000 is for repetitive
insurance claims properties under section 1323 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4030), and of which $35,700,000 is for
flood mitigation assistance under section 1366 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4104c) notwithstanding subparagraphs
(B) and (C) of subsection (b)(3) and subsection (f) of section 1366 of
the National Flood Insurance Act of 1968 (42 U.S.C. 4104c) and
notwithstanding subsection (a)(7) of section 1310 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4017): Provided further, That amounts
collected under section 102 of the Flood Disaster Protection Act of 1973
and section 1366(i) of the National Flood Insurance Act of 1968 shall be
deposited in the National Flood Insurance Fund to supplement other
amounts specified as available for section 1366 of the National Flood
Insurance Act of 1968, notwithstanding 42 U.S.C. 4012a(f)(8), 4104c(i),
and 4104d(b)(2)-(3): Provided further, That total administrative costs
shall not exceed 4 percent of the total appropriation.
national predisaster mitigation fund
For the predisaster mitigation grant program under section 203 of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5133), $90,000,000, to remain available until expended and as
detailed in the statement accompanying this Act: Provided, That the
total administrative costs associated with such grants shall not exceed
3 percent of the total amount made available under this heading.
emergency food and shelter
To carry out the emergency food and shelter program pursuant to
title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11331
et seq.), $200,000,000, to remain available until expended: Provided,
That total administrative costs shall not exceed 3.5 percent of the
total amount made available under this heading.
Cerro Grande Fire Claims
(rescission of funds)
Of the funds made available under this heading for obligation in
prior years, $9,000,000 are rescinded.
TITLE IV
RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
For necessary expenses for citizenship and immigration services,
$101,740,000, of which $100,000,000 is for the E-Verify program to
assist United States employers with maintaining a legal workforce:
Provided, That notwithstanding any other provision of law, funds
available to United States Citizenship and Immigration Services may be
used to acquire, operate, equip, dispose of and replace up to five
vehicles, of which two are for replacement only, for areas where the
Administrator of General Services does not provide vehicles for lease:
Provided further, That the Director of
[[Page 122 STAT. 3677]]
United States Citizenship and Immigration Services may authorize
employees who are assigned to those areas to use such vehicles between
the employees' residences and places of employment.
Federal Law Enforcement Training Center
salaries and expenses
For necessary expenses of the Federal Law Enforcement Training
Center, including materials and support costs of Federal law enforcement
basic training; the purchase of not to exceed 117 vehicles for police-
type use and hire of passenger motor vehicles; expenses for student
athletic and related activities; the conduct of and participation in
firearms matches and presentation of awards; public awareness and
enhancement of community support of law enforcement training; room and
board for student interns; a flat monthly reimbursement to employees
authorized to use personal mobile phones for official duties; and
services as authorized by section 3109 of title 5, United States Code;
$246,530,000, of which up to $48,611,000 shall remain available until
September 30, 2010, for materials and support costs of Federal law
enforcement basic training; of which $300,000 shall remain available
until expended for Federal law enforcement agencies participating in
training accreditation, to be distributed as determined by the Federal
Law Enforcement Training Center for the needs of participating agencies;
and of which not to exceed $12,000 shall be for official reception and
representation expenses: Provided, That the Center is authorized to
obligate funds in anticipation of reimbursements from agencies receiving
training sponsored by the Center, except that total obligations at the
end of the fiscal year shall not exceed total budgetary resources
available at the end of the fiscal year: Provided further, That section
1202(a) of Public Law 107-206 (42 U.S.C. 3771 note), as amended by
Public Law 110-161 (121 Stat. 2068), is further amended by striking
``December 31, 2010'' and inserting ``December 31, 2011'': Provided
further, That the Federal Law Enforcement Training Accreditation Board,
including representatives from the Federal law enforcement community and
non-Federal accreditation experts involved in law enforcement training,
shall lead the Federal law enforcement training accreditation process to
continue the implementation of measuring and assessing the quality and
effectiveness of Federal law enforcement training programs, facilities,
and instructors: Provided further, That the Director of the Federal Law
Enforcement Training Center shall schedule basic or advanced law
enforcement training, or both, at all four training facilities under the
control of the Federal Law Enforcement Training Center to ensure that
such training facilities are operated at the highest capacity throughout
the fiscal year.
Acquisitions, Construction, Improvements, and Related Expenses
For acquisition of necessary additional real property and
facilities, construction, and ongoing maintenance, facility
improvements, and related expenses of the Federal Law Enforcement
Training Center, $86,456,000, to remain available until expended:
Provided, That the Center is authorized to accept reimbursement to this
appropriation from government agencies requesting the construction of
special use facilities: Provided further, That $3,000,000 is for
[[Page 122 STAT. 3678]]
construction of training and related facilities at Artesia, New Mexico.
Science and Technology
Management and Administration
For salaries and expenses of the Office of the Under Secretary for
Science and Technology and for management and administration of programs
and activities, as authorized by title III of the Homeland Security Act
of 2002 (6 U.S.C. 181 et seq.), $132,100,000: Provided, That not to
exceed $10,000 shall be for official reception and representation
expenses.
research, development, acquisition, and operations
For necessary expenses for science and technology research,
including advanced research projects; development; test and evaluation;
acquisition; and operations; as authorized by title III of the Homeland
Security Act of 2002 (6 U.S.C. 181 et seq.); $800,487,000, to remain
available until expended: Provided, That not less than $27,000,000 shall
be available for the Southeast Region Research Initiative at the Oak
Ridge National Laboratory: Provided further, That not less than
$3,000,000 shall be available for Distributed Environment for Critical
Infrastructure Decisionmaking Exercises: Provided further, That of the
amount provided, $25,000,000 is for construction expenses of the Pacific
Northwest National Laboratory: Provided further, That not less than
$11,000,000 shall be available for the National Institute for Hometown
Security: Provided further, That not less than $2,000,000 shall be
available for the Naval Postgraduate School: Provided further, That not
less than $2,000,000 shall be available to establish a homeland security
research, development, and manufacturing pilot project: Provided
further, That none of the funds made available under this heading shall
be obligated for a follow-on program to the Analysis, Dissemination,
Visualization, Insight, and Semantic Enhancement program: Provided
further, That <<NOTE: Risk assessment.>> none of the funds available
under this heading shall be obligated for construction of a National Bio
and Agro-defense Facility located on the United States mainland until
the Secretary of Homeland Security completes a risk assessment of
whether foot-and-mouth disease work can be done safely on the United
States mainland and this assessment is reviewed by the Government
Accountability Office: Provided <<NOTE: Deadline.>> further, That the
Government Accountability Office shall complete its review within 6
months after the Department concludes the risk assessment.
Domestic Nuclear Detection Office
management and administration
For salaries and expenses of the Domestic Nuclear Detection Office
as authorized by title XIX of the Homeland Security Act of 2002 (6
U.S.C. 591 et seq.) for management and administration of programs and
activities, $37,500,000: Provided, That not to exceed $3,000 shall be
for official reception and representation expenses.
[[Page 122 STAT. 3679]]
Research, Development, and Operations
For necessary expenses for radiological and nuclear research,
development, testing, evaluation, and operations, $323,200,000, to
remain available until expended.
Systems Acquisition
For expenses for the Domestic Nuclear Detection Office acquisition
and deployment of radiological detection systems in accordance with the
global nuclear detection architecture, $153,491,000, to remain available
until <<NOTE: Reports. Certification.>> September 30, 2011: Provided,
That none of the funds appropriated under this heading shall be
obligated for full-scale procurement of Advanced Spectroscopic Portal
monitors until the Secretary of Homeland Security submits to the
Committees on Appropriations of the Senate and the House of
Representatives a report certifying that a significant increase in
operational effectiveness will be <<NOTE: Certifications.>> achieved:
Provided further, That the Secretary shall submit separate and distinct
certifications prior to the procurement of Advanced Spectroscopic Portal
monitors for primary and secondary deployment that address the unique
requirements for operational effectiveness of each type of deployment:
Provided further, That the <<NOTE: Consultation.>> Secretary shall
consult with the National Academy of Sciences before making such
certifications: Provided further, That none of the funds appropriated
under this heading shall be used for high-risk concurrent development
and production of mutually dependent software and hardware.
TITLE V
GENERAL PROVISIONS
(including rescissions of funds)
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of this Act,
the unexpended balances of prior appropriations provided for activities
in this Act may be transferred to appropriation accounts for such
activities established pursuant to this Act, may be merged with funds in
the applicable established accounts, and thereafter may be accounted for
as one fund for the same time period as originally enacted.
Sec. 503. <<NOTE: Notifications. Deadlines.>> (a) None of the funds
provided by this Act, provided by previous appropriations Acts to the
agencies in or transferred to the Department of Homeland Security that
remain available for obligation or expenditure in fiscal year 2009, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure through a reprogramming
of funds that: (1) creates a new program, project, or activity; (2)
eliminates a program, project, office, or activity; (3) increases funds
for any program, project, or activity for which funds have been denied
or restricted by the Congress; (4) proposes to use funds directed for a
specific activity by either of the Committees on Appropriations of the
Senate or the House of Representatives for a different purpose; or (5)
contracts out any function
[[Page 122 STAT. 3680]]
or activity for which funding levels were requested for Federal full-
time equivalents in the object classification tables contained in the
fiscal year 2009 Budget Appendix for the Department of Homeland
Security, as modified by the explanatory statement accompanying this
Act, unless the Committees on Appropriations of the Senate and the House
of Representatives are notified 15 days in advance of such reprogramming
of funds.
(b) None of the funds provided by this Act, provided by previous
appropriations Acts to the agencies in or transferred to the Department
of Homeland Security that remain available for obligation or expenditure
in fiscal year 2009, or provided from any accounts in the Treasury of
the United States derived by the collection of fees or proceeds
available to the agencies funded by this Act, shall be available for
obligation or expenditure for programs, projects, or activities through
a reprogramming of funds in excess of $5,000,000 or 10 percent,
whichever is less, that: (1) augments existing programs, projects, or
activities; (2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as approved
by the Congress; or (3) results from any general savings from a
reduction in personnel that would result in a change in existing
programs, projects, or activities as approved by the Congress, unless
the Committees on Appropriations of the Senate and the House of
Representatives are notified 15 days in advance of such reprogramming of
funds.
(c) Not to exceed 5 percent of any appropriation made available for
the current fiscal year for the Department of Homeland Security by this
Act or provided by previous appropriations Acts may be transferred
between such appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more than 10
percent by such transfers: Provided, That any transfer under this
section shall be treated as a reprogramming of funds under subsection
(b) and shall not be available for obligation unless the Committees on
Appropriations of the Senate and the House of Representatives are
notified 15 days in advance of such transfer.
(d) Notwithstanding subsections (a), (b), and (c) of this section,
no funds shall be reprogrammed within or transferred between
appropriations after June 30, except in extraordinary circumstances that
imminently threaten the safety of human life or the protection of
property.
(e) <<NOTE: Reports.>> Within 90 days after the date of enactment of
this Act, the Secretary of Homeland Security shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives a report listing all dollar amounts specified in this
Act and accompanying explanatory statement that are identified in the
detailed funding table at the end of the explanatory statement
accompanying this Act or any other amounts specified in this Act or
accompanying explanatory statement: Provided, That such dollar amounts
specified in this Act and accompanying explanatory statement shall be
subject to the conditions and requirements of subsections (a), (b), and
(c) of this section.
Sec. 504. <<NOTE: 31 USC 501 note.>> The Department of Homeland
Security Working Capital Fund, established pursuant to section 403 of
Public Law 103-356 (31 U.S.C. 501 note), shall continue operations as a
permanent working capital fund for fiscal year 2009: Provided, That none
of the funds appropriated or otherwise made available to the Department
of Homeland Security may be used to make payments to the Working Capital
Fund, except for the activities and amounts
[[Page 122 STAT. 3681]]
allowed in the President's fiscal year 2009 budget: Provided further,
That funds provided to the Working Capital Fund shall be available for
obligation until expended to carry out the purposes of the Working
Capital Fund: Provided further, That all departmental components shall
be charged only for direct usage of each Working Capital Fund service:
Provided further, That funds provided to the Working Capital Fund shall
be used only for purposes consistent with the contributing component:
Provided further, That such fund shall be paid in advance or reimbursed
at rates which will return the full cost of each service: Provided
further, That the Working Capital Fund shall be subject to the
requirements of section 503 of this Act.
Sec. 505. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the end
of fiscal year 2009 from appropriations for salaries and expenses for
fiscal year 2009 in this Act shall remain available through September
30, 2010, in the account and for the purposes for which the
appropriations were <<NOTE: Approval request.>> provided: Provided, That
prior to the obligation of such funds, a request shall be submitted to
the Committees on Appropriations of the Senate and the House of
Representatives for approval in accordance with section 503 of this Act.
Sec. 506. Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2009 until the enactment of an Act authorizing
intelligence activities for fiscal year 2009.
Sec. 507. <<NOTE: Grants. Notification. Deadline.>> None of the
funds made available by this Act may be used to make a grant allocation,
discretionary grant award, discretionary contract award, or to issue a
letter of intent totaling in excess of $1,000,000, or to announce
publicly the intention to make such an award, including a contract
covered by the Federal Acquisition Regulation, unless the Secretary of
Homeland Security notifies the Committees on Appropriations of the
Senate and the House of Representatives at least 3 full business days in
advance of making such an award or issuing such
a <<NOTE: Notification. Deadline.>> letter: Provided, That if the
Secretary of Homeland Security determines that compliance with this
section would pose a substantial risk to human life, health, or safety,
an award may be made without notification and the Committees on
Appropriations of the Senate and the House of Representatives shall be
notified not later than 5 full business days after such an award is made
or letter issued: Provided further, That no notification shall involve
funds that are not available for obligation: Provided further, That the
notification shall include the amount of the award, the fiscal year in
which the funds for the award were appropriated, and the account from
which the funds are being <<NOTE: Briefing. Deadline.>> drawn: Provided
further, That the Federal Emergency Management Agency shall brief the
Committees on Appropriations of the Senate and the House of
Representatives 5 full business days in advance of announcing publicly
the intention of making an award under the State Homeland Security Grant
Program; Urban Area Security Initiative; and the Regional Catastrophic
Preparedness Grant Program.
Sec. 508. Notwithstanding any other provision of law, no agency
shall purchase, construct, or lease any additional facilities, except
within or contiguous to existing locations, to be used for the purpose
of conducting Federal law enforcement training without the advance
[[Page 122 STAT. 3682]]
approval of the Committees on Appropriations of the Senate and the House
of Representatives, except that the Federal Law Enforcement Training
Center is authorized to obtain the temporary use of additional
facilities by lease, contract, or other agreement for training which
cannot be accommodated in existing Center facilities.
Sec. 509. None of the funds appropriated or otherwise made available
by this Act may be used for expenses for any construction, repair,
alteration, or acquisition project for which a prospectus otherwise
required under chapter 33 of title 40, United States Code, has not been
approved, except that necessary funds may be expended for each project
for required expenses for the development of a proposed prospectus.
Sec. 510. Sections <<NOTE: Applicability.>> 519, 520, 522, 528,
530, and 531 of the Department of Homeland Security Appropriations Act,
2008 (division E of Public Law 110-161; 121 Stat. 2072, 2073, 2074,
2082) shall apply with respect to funds made available in this Act in
the same manner as such sections applied to funds made available in that
Act.
Sec. 511. None of the funds in this Act may be used in contravention
of the applicable provisions of the Buy American Act (41 U.S.C. 10a et
seq.).
Sec. 512. (a) <<NOTE: Certification. Reports. Test phase. Air
carriers.>> None of the funds provided by this or previous
appropriations Acts may be obligated for deployment or implementation,
on other than a test basis, of the Secure Flight program or any other
follow-on or successor passenger prescreening program, until the
Secretary of Homeland Security certifies, and the Government
Accountability Office reports, to the Committees on Appropriations of
the Senate and the House of Representatives, that all ten of the
conditions contained in paragraphs (1) through (10) of section 522(a) of
Public Law 108-334 (118 Stat. 1319) have been successfully met.
(b) <<NOTE: Deadlines.>> The report required by subsection (a) shall
be submitted within 90 days after the Secretary provides the requisite
certification, and periodically thereafter, if necessary, until the
Government Accountability Office confirms that all ten conditions have
been successfully met.
(c) <<NOTE: Deadline. Plan.>> Within 90 days after the date of
enactment of this Act, the Secretary of Homeland Security shall submit
to the Committees on Appropriations of the Senate and the House of
Representatives a detailed plan that describes: (1) the dates for
achieving key milestones, including the date or timeframes that the
Secretary will certify the program under subsection (a); and (2) the
methodology to be followed to support the Secretary's certification, as
required under subsection (a).
(d) During the testing phase permitted by subsection (a), no
information gathered from passengers, foreign or domestic air carriers,
or reservation systems may be used to screen aviation passengers, or
delay or deny boarding to such passengers, except in instances where
passenger names are matched to a Government watch list.
(e) None of the funds provided in this or previous appropriations
Acts may be utilized to develop or test algorithms assigning risk to
passengers whose names are not on Government watch lists.
(f) None of the funds provided in this or any other Act may be used
for data or a database that is obtained from or remains under the
control of a non-Federal entity: Provided, That this
[[Page 122 STAT. 3683]]
restriction shall not apply to Passenger Name Record data obtained from
air carriers.
Sec. 513. None of the funds made available in this Act may be used
to amend the oath of allegiance required by section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 514. None of the funds appropriated by this Act may be used to
process or approve a competition under Office of Management and Budget
Circular A-76 for services provided as of June 1, 2004, by employees
(including employees serving on a temporary or term basis) of United
States Citizenship and Immigration Services of the Department of
Homeland Security who are known as of that date as Immigration
Information Officers, Contact Representatives, or Investigative
Assistants.
Sec. 515. (a) The Secretary of Homeland Security shall research,
develop, and procure new technologies to inspect and screen air cargo
carried on passenger aircraft by the earliest date possible.
(b) Existing checked baggage explosive detection equipment and
screeners shall be utilized to screen air cargo carried on passenger
aircraft to the greatest extent practicable at each airport until
technologies developed under subsection (a) are available.
(c) The Assistant Secretary of Homeland Security (Transportation
Security Administration) shall work with air carriers and airports to
ensure that the screening of cargo carried on passenger aircraft, as
defined in section 44901(g)(5) of title 49, United States Code,
increases incrementally each quarter.
(d) <<NOTE: Deadlines. Reports.>> Not later than 45 days after the
end of each quarter, the Assistant Secretary shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives a report on air cargo inspection statistics by airport
and air carrier detailing the incremental progress being made to meet
the requirements of section 44901(g)(2) of title 49, United States Code.
Sec. 516. Except as provided in section 44945 of title 49, United
States Code, funds appropriated or transferred to Transportation
Security Administration ``Aviation Security'', ``Administration'' and
``Transportation Security Support'' for fiscal years 2004, 2005, 2006,
and 2007 that are recovered or deobligated shall be available only for
the procurement or installation of explosives detection systems, for air
cargo, baggage, and checkpoint screening systems, subject
to <<NOTE: Deadlines. Reports.>> notification: Provided, That quarterly
reports shall be submitted to the Committees on Appropriations of the
Senate and the House of Representatives on any funds that are recovered
or deobligated.
Sec. 517. Any funds appropriated to United States Coast Guard,
``Acquisition, Construction, and Improvements'' for fiscal years 2002,
2003, 2004, 2005, and 2006 for the 110-123 foot patrol boat conversion
that are recovered, collected, or otherwise received as the result of
negotiation, mediation, or litigation, shall be available until expended
for the Replacement Patrol Boat (FRC-B) program.
Sec. 518. <<NOTE: Notification.>> (a)(1) Except as provided in
paragraph (2), none of the funds provided in this or any other Act shall
be available to commence or continue operations of the National
Applications Office until--
(A) <<NOTE: Certification.>> the Secretary certifies in
fiscal year 2009 that: (i) National Applications Office programs
comply with all existing
[[Page 122 STAT. 3684]]
laws, including all applicable privacy and civil liberties
standards; and, (ii) that clear definitions of all proposed
domains are established and are auditable;
(B) the Comptroller General of the United States notifies
the Committees on Appropriations of the Senate and the House of
Representatives and the Secretary that the Comptroller has
reviewed such certification; and
(C) the Secretary notifies the Committees of all funds to be
expended on the National Applications Office pursuant to section
503 of this Act.
(2) Paragraph (1) shall not apply with respect to any use of funds
for activities substantially similar to such activities conducted by the
Department of the Interior as set forth in the 1975 charter for the
Civil Applications Committee under the provisions of law codified at
section 31 of title 43, United States Code.
(b) <<NOTE: Deadlines. Reports. 5 USC app. 8I note.>> The Inspector
General shall provide to the Committees on Appropriations of the Senate
and the House of Representatives, starting six months after the date of
enactment of this Act, and quarterly thereafter, a classified report
containing a review of the data collected by the National Applications
Office, including a description of the collection purposes and the legal
authority under which the collection activities were authorized:
Provided, That the report shall also include a listing of all data
collection activities carried out on behalf of the National Applications
Office by any component of the National Guard.
(c) <<NOTE: Certification. Notification.>> None of the funds
provided in this or any other Act shall be available to commence
operations of the National Immigration Information Sharing Operation
until the Secretary certifies that such program complies with all
existing laws, including all applicable privacy and civil liberties
standards, the Comptroller General of the United States notifies the
Committees on Appropriations of the Senate and the House of
Representatives and the Secretary that the Comptroller has reviewed such
certification, and the Secretary notifies the Committees on
Appropriations of the Senate and the House of Representatives of all
funds to be expended on the National Immigration Information Sharing
Operation pursuant to section 503.
Sec. 519. <<NOTE: Deadlines. Reports.>> Within 45 days after the
close of each month, the Chief Financial Officer of the Department of
Homeland Security shall submit to the Committees on Appropriations of
the Senate and the House of Representatives a monthly budget and
staffing report that includes total obligations, on-board versus funded
full-time equivalent staffing levels, and the number of contract
employees by office.
Sec. 520. Section 532(a) of Public Law 109-295 (120 Stat. 1384) is
amended by striking ``2008'' and inserting ``2009''.
Sec. 521. The functions of the Federal Law Enforcement Training
Center instructor staff shall be classified as inherently governmental
for the purpose of the Federal Activities Inventory Reform Act of 1998
(31 U.S.C. 501 note).
Sec. 522. (a) None of the funds provided by this or any other Act
may be obligated for the development, testing, deployment, or operation
of any portion of a human resources management system authorized by 5
U.S.C. 9701(a), or by regulations prescribed pursuant to such section,
for an employee as defined in 5 U.S.C. 7103(a)(2).
[[Page 122 STAT. 3685]]
(b) The Secretary of Homeland Security shall collaborate with
employee representatives in the manner prescribed in 5 U.S.C. 9701(e),
in the planning, testing, and development of any portion of a human
resources management system that is developed, tested, or deployed for
persons excluded from the definition of employee as that term is defined
in 5 U.S.C. 7103(a)(2).
Sec. 523. In <<NOTE: Butane lighters.>> fiscal year 2009, none of
the funds made available in this or any other Act may be used to enforce
section 4025(1) of Public Law 108-458 unless the Assistant Secretary of
Homeland Security (Transportation Security Administration) reverses the
determination of July 19, 2007, that butane lighters are not a
significant threat to civil aviation security.
Sec. 524. Funds made available in this Act may be used to alter
operations within the Civil Engineering Program of the Coast Guard
nationwide, including civil engineering units, facilities design and
construction centers, maintenance and logistics commands, and the Coast
Guard Academy, except that none of the funds provided in this Act may be
used to reduce operations within any Civil Engineering Unit unless
specifically authorized by a statute enacted after the date of the
enactment of this Act.
Sec. 525. <<NOTE: Grants. Contracts.>> (a) Except as provided in
subsection (b), none of the funds appropriated in this or any other Act
to the Office of the Secretary and Executive Management, the Office of
the Under Secretary for Management, or the Office of the Chief Financial
Officer, may be obligated for a grant or contract funded under such
headings by a means other than full and open competition.
(b) Subsection (a) does not apply to obligation of funds for a
contract awarded--
(1) by a means that is required by a Federal statute,
including obligation for a purchase made under a mandated
preferential program, such as the AbilityOne Program, that is
authorized under the Javits-Wagner-O'Day Act (41 U.S.C. 46 et
seq.);
(2) under the Small Business Act (15 U.S.C. 631 et seq.);
(3) in an amount less than the simplified acquisition
threshold described under section 302A(a) of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
252a(a)); or
(4) by another Federal agency using funds provided through
an interagency agreement.
(c)(1) <<NOTE: Waiver authority.>> Subject to paragraph (2), the
Secretary of Homeland Security may waive the application of this section
for the award of a contract in the interest of national security or if
failure to do so would pose a substantial risk to human health or
welfare.
(2) <<NOTE: Deadline. Notification.>> Not later than 5 days after
the date on which the Secretary of Homeland Security issues a waiver
under this subsection, the Secretary shall submit notification of that
waiver to the Committees on Appropriations of the Senate and the House
of Representatives, including a description of the applicable contract
and an explanation of why the waiver authority was used. The Secretary
may not delegate the authority to grant such a waiver.
(d) In addition to the requirements established by this section, the
Inspector General for the Department of Homeland Security shall review
departmental contracts awarded through other than full and open
competition to assess departmental compliance with applicable laws and
regulations: Provided, That the Inspector General shall review selected
contracts awarded in the previous fiscal
[[Page 122 STAT. 3686]]
year through other than full and open competition: Provided further,
That in determining which contracts to review, the Inspector General
shall consider the cost and complexity of the goods and services to be
provided under the contract, the criticality of the contract to
fulfilling Department missions, past performance problems on similar
contracts or by the selected vendor, complaints received about the award
process or contractor performance, and such other factors as the
Inspector General deems <<NOTE: Reports.>> relevant: Provided further,
That the Inspector General shall report the results of the reviews to
the Committees on Appropriations of the Senate and the House of
Representatives.
Sec. 526. None of the funds provided by this or previous
appropriations Acts shall be used to fund any position designated as a
Principal Federal Official for any Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) declared disasters
or emergencies.
Sec. 527. None of the funds made available in this Act may be used
by United States Citizenship and Immigration Services to grant an
immigration benefit unless the results of background checks required by
law to be completed prior to the granting of the benefit have been
received by United States Citizenship and Immigration Services, and the
results do not preclude the granting of the benefit.
Sec. 528. None of the funds made available in this Act may be used
to destroy or put out to pasture any horse or other equine belonging to
the Federal Government that has become unfit for service, unless the
trainer or handler is first given the option to take possession of the
equine through an adoption program that has safeguards against slaughter
and inhumane treatment.
Sec. 529. None of the funds provided in this Act shall be available
to carry out section 872 of Public Law 107-296.
Sec. 530. <<NOTE: Certification.>> None of the funds provided in
this Act under the heading ``Office of the Chief Information Officer''
shall be used for data center development other than for the National
Center for Critical Information Processing and Storage until the Chief
Information Officer certifies that the National Center for Critical
Information Processing and Storage is fully utilized as the Department's
primary data storage center at the highest capacity throughout the
fiscal year.
Sec. 531. None of the funds in this Act shall be used to reduce the
United States Coast Guard's Operations Systems Center mission or its
government-employed or contract staff levels.
Sec. 532. None of the funds appropriated by this Act may be used to
conduct, or to implement the results of, a competition under Office of
Management and Budget Circular A-76 for activities performed with
respect to the Coast Guard National Vessel Documentation Center.
Sec. 533. <<NOTE: Contracts.>> The Secretary of Homeland Security
shall require that all contracts of the Department of Homeland Security
that provide award fees link such fees to successful acquisition
outcomes (which outcomes shall be specified in terms of cost, schedule,
and performance).
Sec. 534. None of the funds made available to the Office of the
Secretary and Executive Management under this Act may be expended for
any new hires by the Department of Homeland Security that are not
verified through the basic pilot program under
[[Page 122 STAT. 3687]]
section 401 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1324a note).
Sec. 535. <<NOTE: Drugs and drug abuse.>> None of the funds made
available in this Act for U.S. Customs and Border Protection may be used
to prevent an individual not in the business of importing a prescription
drug (within the meaning of section 801(g) of the Federal Food, Drug,
and Cosmetic Act) from importing a prescription drug from Canada that
complies with the Federal Food, Drug, and Cosmetic Act:
Provided, <<NOTE: Applicability.>> That this section shall apply only to
individuals transporting on their person a personal-use quantity of the
prescription drug, not to exceed a 90-day supply: Provided further, That
the prescription drug may not be--
(1) a controlled substance, as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
Sec. 536. None of the funds made available in this Act may be used
by the Secretary of Homeland Security or any delegate of the Secretary
to issue any rule or regulation which implements the Notice of Proposed
Rulemaking related to Petitions for Aliens To Perform Temporary
Nonagricultural Services or Labor (H-2B) set out beginning on 70 Fed.
Reg. 3984 (January 27, 2005).
Sec. 537. Section 831 of the Homeland Security Act of 2002 (6
U.S.C. 391) is amended--
(1) in subsection (a), by striking ``Until September 30,
2008,'' and inserting ``Until September 30, 2009 and subject to
subsection (d),'';
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c) the following:
``(d) Additional Requirements.--
``(1) In general.--The <<NOTE: Termination date.>> authority
of the Secretary under this section shall terminate September
30, 2009, unless before that date the Secretary--
``(A) issues policy guidance detailing the
appropriate use of that authority; and
``(B) provides training to each employee that is
authorized to exercise that authority.
``(2) Report.--The Secretary shall provide an annual report
to the Committees on Appropriations of the Senate and the House
of Representatives, the Committee on Homeland Security and
Governmental Affairs of the Senate, and the Committee on
Homeland Security of the House of Representatives detailing the
projects for which the authority granted by subsection (a) was
used, the rationale for its use, the funds spent using that
authority, the outcome of each project for which that authority
was used, and the results of any audits of such projects.''.
Sec. 538. None of the funds made available in this Act may be used
for planning, testing, piloting, or developing a national identification
card.
Sec. 539. <<NOTE: Deadline. President. Web site. Reports.>> (a)
Notwithstanding any other provision of this Act, except as provided in
subsection (b), and 30 days after the date that the President determines
whether to declare a major disaster because of an event and any appeal
is completed, the Administrator shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate, the Committee
on Homeland Security of the House of Representatives, the Committee on
Transportation
[[Page 122 STAT. 3688]]
and Infrastructure of the House of Representatives, the Committees on
Appropriations of the Senate and the House of Representatives, and
publish on the website of the Federal Emergency Management Agency, a
report regarding that decision, which shall summarize damage assessment
information used to determine whether to declare a major disaster.
(b) The Administrator may redact from a report under subsection (a)
any data that the Administrator determines would compromise national
security.
(c) In this section--
(1) the term ``Administrator'' means the Administrator of
the Federal Emergency Management Agency; and
(2) the term ``major disaster'' has the meaning given that
term in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122).
Sec. 540. <<NOTE: New York.>> Notwithstanding any other provision of
law, should the Secretary of Homeland Security determine that the
National Bio and Agro-defense Facility be located at a site other than
Plum Island, New York, the Secretary shall liquidate the Plum Island
asset by directing the Administrator of General Services to sell through
public sale all real and related personal property and transportation
assets which support Plum Island operations, subject to such terms and
conditions as necessary to protect government interests and meet program
requirements: Provided, That the gross proceeds of such sale shall be
deposited as offsetting collections into the Department of Homeland
Security Science and Technology ``Research, Development, Acquisition,
and Operations'' account and, subject to appropriation, shall be
available until expended, for site acquisition, construction, and costs
related to the construction of the National Bio and Agro-defense
Facility, including the costs associated with the sale, including due
diligence requirements, necessary environmental remediation at Plum
Island, and reimbursement of expenses incurred by the General Services
Administration which shall not exceed 1 percent of the
sale <<NOTE: Notification. Deadline.>> price: Provided further, That
after the completion of construction and environmental remediation, the
unexpended balances of funds appropriated for costs in the preceding
proviso shall be available for transfer to the appropriate account for
design and construction of a consolidated Department of Homeland
Security Headquarters project, excluding daily operations and
maintenance costs, notwithstanding section 503 of this Act, and the
Committees on Appropriations of the Senate and the House of
Representatives shall be notified 15 days prior to such transfer.
Sec. 541. Any official that is required by this Act to report or
certify to the Committees on Appropriations of the Senate and the House
of Representatives may not delegate such authority to perform that act
unless specifically authorized herein.
Sec. 542. The <<NOTE: Notification.>> Secretary of Homeland
Security, in consultation with the Secretary of the Treasury, shall
notify the Committees on Appropriations of the Senate and the House of
Representatives of any proposed transfers of funds available under 31
U.S.C. 9703.2(g)(4)(B) from the Department of the Treasury Forfeiture
Fund to any agency within the Department of Homeland Security: Provided,
That none of the funds identified for such a transfer may be obligated
until the Committees on Appropriations of the Senate and the House of
Representatives approve the proposed transfers.
[[Page 122 STAT. 3689]]
Sec. 543. Section 520 of Public Law 108-90 (6 U.S.C. 469) is
amended--
(1) by inserting ``(a) Fees.--'' before ``For fiscal year
2004 and thereafter''; and
(2) by adding at the end the following:
``(b) Recurrent Training of Aliens in Operation of Aircraft.--
``(1) Process for reviewing threat assessments.--
Notwithstanding section 44939(e) of title 49, United States
Code, the Secretary shall establish a process to ensure that an
alien (as defined in section 101(a)(3) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(3)) applying for recurrent
training in the operation of any aircraft is properly identified
and has not, since the time of any prior threat assessment
conducted pursuant to section 44939(a) of such title, become a
risk to aviation or national security.
``(2) Interruption of training.--
If <<NOTE: Notification.>> the Secretary determines, in carrying
out the process established under paragraph (1), that an alien
is a present risk to aviation or national security, the
Secretary shall immediately notify the person providing the
training of the determination and that person shall not provide
the training or if such training has commenced that person shall
immediately terminate the training.
``(3) Fees.--The Secretary may charge reasonable fees under
subsection (a) for providing credentialing and background
investigations for aliens in connection with the process for
recurrent training established under paragraph
(1). <<NOTE: Notice. Federal Register, publication.>> Such fees
shall be promulgated by notice in the Federal Register.''.
Sec. 544. (a) <<NOTE: Deadlines. Consultation.>> Not later than six
months from the date of enactment of this Act, the Secretary of Homeland
Security shall consult with the Secretaries of Defense and
Transportation and develop a concept of operations for unmanned aerial
systems in the United States national airspace system for the purposes
of border and maritime security operations.
(b) <<NOTE: Reports.>> The Secretary of Homeland Security shall
report to the Committees on Appropriations of the Senate and the House
of Representatives not later than 30 days after the date of enactment of
this Act on any foreseeable challenges to complying with subsection (a).
Sec. 545. If <<NOTE: Certification.>> the Assistant Secretary of
Homeland Security (Transportation Security Administration) determines
that an airport does not need to participate in the basic pilot program,
the Assistant Secretary shall certify to the Committees on
Appropriations of the Senate and the House of Representatives that no
security risks will result by such non-participation.
Sec. 546. <<NOTE: Deadline. President.>> Notwithstanding any other
provision of law, and not later than 30 days after the date of
submission of a request for a single payment, the President shall
provide a single payment for any eligible costs under section 406 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5172) for any police station, fire station, or criminal justice
facility that was damaged by Hurricane Katrina of 2005 or Hurricane Rita
of 2005: Provided, That the President shall not reduce the amount of
assistance provided under section 406(c)(1) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(c)(1)) for
such facilities: Provided further, That nothing in the previous proviso
may be construed to alter the appeal or review
[[Page 122 STAT. 3690]]
process relating to assistance provided under section 406 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5172): Provided further, That the President shall not reduce the amount
of assistance provided to a local government under section 406(d) of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5172(d)) more than once for each such type of facility for which
that local government is receiving assistance under section 406 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act relating
to Hurricane Katrina of 2005 or Hurricane Rita of 2005.
Sec. 547. For grants to States pursuant to section 204(a) of the
REAL ID Act of 2005 (division B of Public Law 109-13), $50,000,000, to
remain available until expended. In addition, for developing an
information sharing and verification capability with States to support
implementation of the REAL ID Act, $50,000,000, to remain available
until expended: Provided, That none of the funds provided in this
section for development of the information sharing and verification
system shall be available to create any new system of records from the
data accessible by such information technology system, or to create any
means of access by Federal agencies to such information technology
system other than to fulfill responsibilities pursuant to the REAL ID
Act of 2005.
Sec. 548. <<NOTE: Mississippi.>> Notwithstanding any other provision
of law, the Federal Emergency Management Agency shall reimburse Jones
County and Harrison County in the State of Mississippi under section 407
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5173) for unreimbursed costs relating to the removal of
debris that were incurred by such counties as a result of Hurricane
Katrina in 2005.
Sec. 549. From the unobligated balances of prior year appropriations
made available for Transportation Security Administration, $31,000,000
are rescinded: Provided, That the Transportation Security Administration
shall not rescind any unobligated balances from the following programs:
screener partnership program; explosives detection systems; checkpoint
support; aviation regulation and other enforcement; air cargo; and air
cargo research and development.
Sec. 550. From the unobligated balances of prior year appropriations
made available for ``Analysis and Operations'', $21,373,000 are
rescinded.
Sec. 551. From unobligated balances of prior year appropriations
made available for Coast Guard ``Acquisition, Construction, and
Improvements'', $20,000,000 are rescinded: Provided, That no funds shall
be rescinded from prior year appropriations provided for the National
Security Cutter or the Maritime Patrol Aircraft: Provided further,
That <<NOTE: Notification.>> the Coast Guard shall submit notification
in accordance with section 503 of this Act listing projects for which
funding will be rescinded.
Sec. 552. For fiscal year 2008, funds made available for Federal
Emergency Management Agency ``National Predisaster Mitigation Fund''
shall be provided as detailed in the explanatory statement accompanying
Public Law 110-161.
Sec. 553. Section 203(m) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5133(m)) is amended by striking
``September 30, 2008'' and inserting ``September 30, 2009''.
[[Page 122 STAT. 3691]]
This division may be cited as the ``Department of Homeland Security
Appropriations Act, 2009''.
DIVISION E--MILITARY <<NOTE: Military Construction and Veterans Affairs
and Related Agencies Appropriations Act, 2009.>> CONSTRUCTION AND
VETERANS AFFAIRS AND RELATED AGENCIES APPROPRIATIONS ACT, 2009
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for military construction, the
Department of Veterans Affairs, and related agencies for the fiscal year
ending September 30, 2009, and for other purposes, namely:
TITLE I
DEPARTMENT OF DEFENSE
Military Construction, Army
(including rescissions of funds)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facilities,
and real property for the Army as currently authorized by law, including
personnel in the Army Corps of Engineers and other personal services
necessary for the purposes of this appropriation, and for construction
and operation of facilities in support of the functions of the Commander
in Chief, $4,692,648,000, to remain available until September
30, <<NOTE: Notification.>> 2013: Provided, That of this amount, not to
exceed $178,685,000 shall be available for study, planning, design,
architect and engineer services, and host nation support, as authorized
by law, unless the Secretary of Defense determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination and
the reasons therefor: Provided further, That the amount appropriated in
this paragraph shall be for the projects and activities, and in the
amounts, specified under the heading ``Military Construction, Army'',
and under the headings ``Army'' in the table entitled ``Military
Construction'', in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act): Provided
further, That of the funds appropriated for ``Military Construction,
Army'' under Public Law 110-5, $34,720,000 are hereby rescinded:
Provided further, That of the funds appropriated for ``Military
Construction, Army'' under Public Law 110-161, $16,600,000 are hereby
rescinded.
Military Construction, Navy and Marine Corps
For acquisition, construction, installation, and equipment of
temporary or permanent public works, naval installations, facilities,
and real property for the Navy and Marine Corps as currently authorized
by law, including personnel in the Naval Facilities Engineering Command
and other personal services necessary for the purposes of this
appropriation, $3,333,369,000, to remain available until September
30, <<NOTE: Notification.>> 2013: Provided, That of this amount, not to
exceed $246,528,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law,
[[Page 122 STAT. 3692]]
unless the Secretary of Defense determines that additional obligations
are necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination and the
reasons therefor: Provided further, That the amount appropriated in this
paragraph shall be for the projects and activities, and in the amounts,
specified under the heading ``Military Construction, Navy and Marine
Corps'', and under the headings ``Navy'' in the table entitled
``Military Construction'', in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act).
Military Construction, Air Force
(including rescission of funds)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facilities,
and real property for the Air Force as currently authorized by law,
$1,117,746,000, to remain available until September 30, 2013:
Provided, <<NOTE: Notification.>> That of this amount, not to exceed
$93,436,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the
Secretary of Defense determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination and the
reasons therefor: Provided further, That the amount appropriated in this
paragraph shall be for the projects and activities, and in the amounts,
specified under the heading ``Military Construction, Air Force'', and
under the headings ``Air Force'' in the table entitled ``Military
Construction'', in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act): Provided
further, That of the funds appropriated for ``Military Construction, Air
Force'' under Public Law 110-161, $20,821,000 are hereby rescinded.
Military Construction, Defense-Wide
(including transfer and rescission of funds)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, facilities, and real
property for activities and agencies of the Department of Defense (other
than the military departments), as currently authorized by law,
$1,695,204,000, to remain available until September 30, 2013: Provided,
That such amounts of this appropriation as may be determined by the
Secretary of Defense may be transferred to such appropriations of the
Department of Defense available for military construction or family
housing as the Secretary may designate, to be merged with and to be
available for the same purposes, and for the same time period, as the
appropriation or fund to which <<NOTE: Notification.>> transferred:
Provided further, That of the amount appropriated, not to exceed
$186,060,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the
Secretary of Defense determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination and the
reasons therefor: Provided further, That the amount
[[Page 122 STAT. 3693]]
appropriated in this paragraph shall be for the projects and activities,
and in the amounts, specified under the heading ``Military Construction,
Defense-Wide'', and under the headings ``Defense-Wide'' in the table
entitled ``Military Construction'', in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided further, That of the funds appropriated for
``Military Construction, Defense-Wide'' under Public Law 108-324,
$3,589,000 are hereby rescinded: Provided further, That none of the
funds appropriated under this heading may be obligated or expended for
site activation or construction of a long-range missile defense system
in a European country until the government of the country in which such
missile defense system (including interceptors and associated radars) is
proposed to be deployed has given final approval (including
parliamentary ratification) to any missile defense agreements negotiated
between such government and the United States Government concerning the
proposed deployment of such components in such country.
Military Construction, Army National Guard
(including rescission of funds)
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Army
National Guard, and contributions therefor, as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $736,317,000, to remain available until September
30, 2013: Provided, That the amount appropriated in this paragraph shall
be for the projects and activities, and in the amounts, specified under
the heading ``Military Construction, Army National Guard'', and under
the headings ``Army National Guard'' in the table entitled ``Military
Construction'', in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act): Provided
further, That of the funds appropriated for ``Military Construction,
Army National Guard'' under Public Law 110-161, $1,400,000 are hereby
rescinded.
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
National Guard, and contributions therefor, as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $242,924,000, to remain available until September
30, 2013: Provided, That the amount appropriated in this paragraph shall
be for the projects and activities, and in the amounts, specified under
the heading ``Military Construction, Air National Guard'', and under the
headings ``Air National Guard'' in the table entitled ``Military
Construction'', in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act).
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Army
Reserve as authorized by chapter 1803 of title 10, United States Code,
and Military Construction Authorization Acts,
[[Page 122 STAT. 3694]]
$282,607,000, to remain available until September 30, 2013: Provided,
That the amount appropriated in this paragraph shall be for the projects
and activities, and in the amounts, specified under the heading
``Military Construction, Army Reserve'', and under the headings ``Army
Reserve'' in the table entitled ``Military Construction'', in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act).
Military Construction, Navy Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
reserve components of the Navy and Marine Corps as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $57,045,000, to remain available until September 30,
2013: Provided, That the amount appropriated in this paragraph shall be
for the projects and activities, and in the amounts, specified under the
heading ``Military Construction, Navy Reserve'', and under the headings
``Navy Reserve'' in the table entitled ``Military Construction'', in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act).
Military Construction, Air Force Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
Force Reserve as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $36,958,000, to
remain available until September 30, 2013: Provided, That the amount
appropriated in this paragraph shall be for the projects and activities,
and in the amounts, specified under the heading ``Military Construction,
Air Force Reserve'', and under the headings ``Air Force Reserve'' in the
table entitled ``Military Construction'', in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
North Atlantic Treaty Organization
Security Investment Program
For the United States share of the cost of the North Atlantic Treaty
Organization Security Investment Program for the acquisition and
construction of military facilities and installations (including
international military headquarters) and for related expenses for the
collective defense of the North Atlantic Treaty Area as authorized by
section 2806 of title 10, United States Code, and Military Construction
Authorization Acts, $230,867,000, to remain available until expended.
Family Housing Construction, Army
For expenses of family housing for the Army for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $646,580,000, to remain available
until September 30, 2013: Provided, That the amount appropriated in this
paragraph shall be for the projects and activities, and in the amounts,
specified under the heading ``Family Housing
[[Page 122 STAT. 3695]]
Construction, Army'', and under the heading ``Family Housing
Construction, Army'' in the table entitled ``Military Construction'', in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized by
law, $716,110,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
construction, including acquisition, replacement, addition, expansion,
extension, and alteration, as authorized by law, $380,123,000, to remain
available until September 30, 2013: Provided, That the amount
appropriated in this paragraph shall be for the projects and activities,
and in the amounts, specified under the heading ``Family Housing
Construction, Navy and Marine Corps'', and under the heading ``Family
Housing Construction, Navy and Marine Corps'' in the table entitled
``Military Construction'', in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act).
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
operation and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance premiums, as
authorized by law, $376,062,000.
Family Housing Construction, Air Force
For expenses of family housing for the Air Force for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $395,879,000, to remain available
until September 30, 2013: Provided, That the amount appropriated in
this paragraph shall be for the projects and activities, and in the
amounts, specified under the heading ``Family Housing Construction, Air
Force'', and under the heading ``Family Housing Construction, Air
Force'' in the table entitled ``Military Construction'', in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act).
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized by
law, $594,465,000.
Family Housing Operation and Maintenance, Defense-Wide
For expenses of family housing for the activities and agencies of
the Department of Defense (other than the military departments)
[[Page 122 STAT. 3696]]
for operation and maintenance, leasing, and minor construction, as
authorized by law, $49,231,000.
Department of Defense Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement Fund,
$850,000, to remain available until expended, for family housing
initiatives undertaken pursuant to section 2883 of title 10, United
States Code, providing alternative means of acquiring and improving
military family housing and supporting facilities.
Homeowners Assistance Fund
For the Homeowners Assistance Fund established by section 1013 of
the Demonstration Cities and Metropolitan Development Act of 1966, as
amended (42 U.S.C. 3374), $4,500,000, to remain available until
expended.
Chemical Demilitarization Construction, Defense-Wide
For expenses of construction, not otherwise provided for, necessary
for the destruction of the United States stockpile of lethal chemical
agents and munitions in accordance with section 1412 of the Department
of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for the
destruction of other chemical warfare materials that are not in the
chemical weapon stockpile, as currently authorized by law, $144,278,000,
to remain available until September 30, 2013, which shall be only for
the Assembled Chemical Weapons Alternatives program: Provided, That the
amount appropriated in this paragraph shall be for the projects and
activities, and in the amounts, specified under the heading ``Chemical
Demilitarization Construction, Defense-Wide'' in the table entitled
``Military Construction'' in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act).
Department of Defense Base Closure Account 1990
For deposit into the Department of Defense Base Closure Account
1990, established by section 2906(a)(1) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note), $458,377,000, to remain
available until expended.
Department of Defense Base Closure Account 2005
For deposit into the Department of Defense Base Closure Account
2005, established by section 2906A(a)(1) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note), $8,765,613,000, to remain
available until <<NOTE: Notification. Deadline.>> expended: Provided,
That the Department of Defense shall notify the Committees on
Appropriations of both Houses of Congress 14 days prior to obligating an
amount for a construction project that exceeds or reduces the amount
identified for that project in the most recently submitted budget
request for this account by 20 percent or $2,000,000, whichever is less:
Provided further, That the previous proviso shall not apply to projects
costing less than $5,000,000, except for those projects not previously
identified in any budget submission for this account and exceeding the
minor construction threshold under 10 U.S.C. 2805.
[[Page 122 STAT. 3697]]
Administrative Provisions
Sec. 101. <<NOTE: Contracts.>> None of the funds made available in
this title shall be expended for payments under a cost-plus-a-fixed-fee
contract for construction, where cost estimates exceed $25,000, to be
performed within the United States, except Alaska, without the specific
approval in writing of the Secretary of Defense setting forth the
reasons therefor.
Sec. 102. Funds made available in this title for construction shall
be available for hire of passenger motor vehicles.
Sec. 103. Funds made available in this title for construction may be
used for advances to the Federal Highway Administration, Department of
Transportation, for the construction of access roads as authorized by
section 210 of title 23, United States Code, when projects authorized
therein are certified as important to the national defense by the
Secretary of Defense.
Sec. 104. None of the funds made available in this title may be used
to begin construction of new bases in the United States for which
specific appropriations have not been made.
Sec. 105. None of the funds made available in this title shall be
used for purchase of land or land easements in excess of 100 percent of
the value as determined by the Army Corps of Engineers or the Naval
Facilities Engineering Command, except: (1) where there is a
determination of value by a Federal court; (2) purchases negotiated by
the Attorney General or the designee of the Attorney General; (3) where
the estimated value is less than $25,000; or (4) as otherwise determined
by the Secretary of Defense to be in the public interest.
Sec. 106. None of the funds made available in this title shall be
used to: (1) acquire land; (2) provide for site preparation; or (3)
install utilities for any family housing, except housing for which funds
have been made available in annual Acts making appropriations for
military construction.
Sec. 107. <<NOTE: Notification.>> None of the funds made available
in this title for minor construction may be used to transfer or relocate
any activity from one base or installation to another, without prior
notification to the Committees on Appropriations of both Houses of
Congress.
Sec. 108. None of the funds made available in this title may be used
for the procurement of steel for any construction project or activity
for which American steel producers, fabricators, and manufacturers have
been denied the opportunity to compete for such steel procurement.
Sec. 109. None of the funds available to the Department of Defense
for military construction or family housing during the current fiscal
year may be used to pay real property taxes in any foreign nation.
Sec. 110. <<NOTE: Notification.>> None of the funds made available
in this title may be used to initiate a new installation overseas
without prior notification to the Committees on Appropriations of both
Houses of Congress.
Sec. 111. <<NOTE: Contracts. Japan.>> None of the funds made
available in this title may be obligated for architect and engineer
contracts estimated by the Government to exceed $500,000 for projects to
be accomplished in Japan, in any North Atlantic Treaty Organization
member country, or in countries bordering the Arabian Sea, unless such
contracts are awarded to United States firms or United States firms in
joint venture with host nation firms.
[[Page 122 STAT. 3698]]
Sec. 112. <<NOTE: Contracts. Kwajalein Atoll.>> None of the funds
made available in this title for military construction in the United
States territories and possessions in the Pacific and on Kwajalein
Atoll, or in countries bordering the Arabian Sea, may be used to award
any contract estimated by the Government to exceed $1,000,000 to a
foreign contractor: Provided, That this section shall not be applicable
to contract awards for which the lowest responsive and responsible bid
of a United States contractor exceeds the lowest responsive and
responsible bid of a foreign contractor by greater than 20 percent:
Provided further, That this section shall not apply to contract awards
for military construction on Kwajalein Atoll for which the lowest
responsive and responsible bid is submitted by a Marshallese contractor.
Sec. 113. <<NOTE: Notification. Military exercise. Deadline.>> The
Secretary of Defense is to inform the appropriate committees of both
Houses of Congress, including the Committees on Appropriations, of the
plans and scope of any proposed military exercise involving United
States personnel 30 days prior to its occurring, if amounts expended for
construction, either temporary or permanent, are anticipated to exceed
$100,000.
Sec. 114. Not more than 20 percent of the funds made available in
this title which are limited for obligation during the current fiscal
year shall be obligated during the last two months of the fiscal year.
(including transfer of funds)
Sec. 115. Funds appropriated to the Department of Defense for
construction in prior years shall be available for construction
authorized for each such military department by the authorizations
enacted into law during the current session of Congress.
Sec. 116. For military construction or family housing projects that
are being completed with funds otherwise expired or lapsed for
obligation, expired or lapsed funds may be used to pay the cost of
associated supervision, inspection, overhead, engineering and design on
those projects and on subsequent claims, if any.
Sec. 117. Notwithstanding any other provision of law, any funds made
available to a military department or defense agency for the
construction of military projects may be obligated for a military
construction project or contract, or for any portion of such a project
or contract, at any time before the end of the fourth fiscal year after
the fiscal year for which funds for such project were made available, if
the funds obligated for such project: (1) are obligated from funds
available for military construction projects; and (2) do not exceed the
amount appropriated for such project, plus any amount by which the cost
of such project is increased pursuant to law.
Sec. 118. <<NOTE: Deadlines. Reports. 22 USC 1928 note.>> (a) The
Secretary of Defense, in consultation with the Secretary of State, shall
submit to the Committees on Appropriations of both Houses of Congress,
by February 15 of each year, an annual report in unclassified and, if
necessary, classified form, on actions taken by the Department of
Defense and the Department of State during the previous fiscal year to
encourage host countries to assume a greater share of the common defense
burden of such countries and the United States.
(b) The report under subsection (a) shall include a description of--
(1) attempts to secure cash and in-kind contributions from
host countries for military construction projects;
[[Page 122 STAT. 3699]]
(2) attempts to achieve economic incentives offered by host
countries to encourage private investment for the benefit of the
United States Armed Forces;
(3) attempts to recover funds due to be paid to the United
States by host countries for assets deeded or otherwise imparted
to host countries upon the cessation of United States operations
at military installations;
(4) the amount spent by host countries on defense, in
dollars and in terms of the percent of gross domestic product
(GDP) of the host country; and
(5) for host countries that are members of the North
Atlantic Treaty Organization (NATO), the amount contributed to
NATO by host countries, in dollars and in terms of the percent
of the total NATO budget.
(c) In this section, the term ``host country'' means other member
countries of NATO, Japan, South Korea, and United States allies
bordering the Arabian Sea.
(including transfer of funds)
Sec. 119. In addition to any other transfer authority available to
the Department of Defense, proceeds deposited to the Department of
Defense Base Closure Account established by section 207(a)(1) of the
Defense Authorization Amendments and Base Closure and Realignment Act
(10 U.S.C. 2687 note) pursuant to section 207(a)(2)(C) of such Act, may
be transferred to the account established by section 2906(a)(1) of the
Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note),
to be merged with, and to be available for the same purposes and the
same time period as that account.
(including transfer of funds)
Sec. 120. <<NOTE: Deadlines. Notifications.>> Subject to 30 days
prior notification, or 14 days for a notification provided in an
electronic medium pursuant to sections 480 and 2883, of title 10, United
States Code, to the Committees on Appropriations of both Houses of
Congress, such additional amounts as may be determined by the Secretary
of Defense may be transferred to: (1) the Department of Defense Family
Housing Improvement Fund from amounts appropriated for construction in
``Family Housing'' accounts, to be merged with and to be available for
the same purposes and for the same period of time as amounts
appropriated directly to the Fund; or (2) the Department of Defense
Military Unaccompanied Housing Improvement Fund from amounts
appropriated for construction of military unaccompanied housing in
``Military Construction'' accounts, to be merged with and to be
available for the same purposes and for the same period of time as
amounts appropriated directly to the Fund: Provided, That appropriations
made available to the Funds shall be available to cover the costs, as
defined in section 502(5) of the Congressional Budget Act of 1974, of
direct loans or loan guarantees issued by the Department of Defense
pursuant to the provisions of subchapter IV of chapter 169 of title 10,
United States Code, pertaining to alternative means of acquiring and
improving military family housing, military unaccompanied housing, and
supporting facilities.
Sec. 121. <<NOTE: Deadline. Contracts. Notice.>> (a) Not later than
60 days before issuing any solicitation for a contract with the private
sector for military family housing
[[Page 122 STAT. 3700]]
the Secretary of the military department concerned shall submit to the
Committees on Appropriations of both Houses of Congress the notice
described in subsection (b).
(b)(1) A notice referred to in subsection (a) is a notice of any
guarantee (including the making of mortgage or rental payments) proposed
to be made by the Secretary to the private party under the contract
involved in the event of--
(A) the closure or realignment of the installation for which
housing is provided under the contract;
(B) a reduction in force of units stationed at such
installation; or
(C) the extended deployment overseas of units stationed at
such installation.
(2) Each notice under this subsection shall specify the nature of
the guarantee involved and assess the extent and likelihood, if any, of
the liability of the Federal Government with respect to the guarantee.
(including transfer of funds)
Sec. 122. In addition to any other transfer authority available to
the Department of Defense, amounts may be transferred from the accounts
established by sections 2906(a)(1) and 2906A(a)(1) of the Defense Base
Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), to the fund
established by section 1013(d) of the Demonstration Cities and
Metropolitan Development Act of 1966 (42 U.S.C. 3374) to pay for
expenses associated with the Homeowners Assistance Program. Any amounts
transferred shall be merged with and be available for the same purposes
and for the same time period as the fund to which transferred.
Sec. 123. <<NOTE: 10 USC 2821 note.>> Notwithstanding any other
provision of law, funds made available in this title for operation and
maintenance of family housing shall be the exclusive source of funds for
repair and maintenance of all family housing units, including general or
flag officer quarters: Provided, <<NOTE: Notification.>> That not more
than $35,000 per unit may be spent annually for the maintenance and
repair of any general or flag officer quarters without 30 days prior
notification to the Committees on Appropriations of both Houses of
Congress, except that an after-the-fact notification shall be submitted
if the limitation is exceeded solely due to costs associated with
environmental remediation that could not be reasonably anticipated at
the time of the <<NOTE: Reports. Deadline.>> budget submission: Provided
further, That the Under Secretary of Defense (Comptroller) is to report
annually to the Committees on Appropriations of both Houses of Congress
all operation and maintenance expenditures for each individual general
or flag officer quarters for the prior fiscal year.
Sec. 124. Amounts contained in the Ford Island Improvement Account
established by subsection (h) of section 2814 of title 10, United States
Code, are appropriated and shall be available until expended for the
purposes specified in subsection (i)(1) of such section or until
transferred pursuant to subsection (i)(3) of such section.
(including transfer of funds)
Sec. 125. <<NOTE: Certification.>> None of the funds made available
in this title, or in any Act making appropriations for military
construction which remain available for obligation, may be obligated or
expended to
[[Page 122 STAT. 3701]]
carry out a military construction, land acquisition, or family housing
project at or for a military installation approved for closure, or at a
military installation for the purposes of supporting a function that has
been approved for realignment to another installation, in 2005 under the
Defense Base Closure and Realignment Act of 1990 (part A of title XXIX
of Public Law 101-510; 10 U.S.C. 2687 note), unless such a project at a
military installation approved for realignment will support a continuing
mission or function at that installation or a new mission or function
that is planned for that installation, or unless the Secretary of
Defense certifies that the cost to the United States of carrying out
such project would be less than the cost to the United States of
cancelling such project, or if the project is at an active component
base that shall be established as an enclave or in the case of projects
having multi-agency use, that another Government agency has indicated it
will assume ownership of the completed project. The Secretary of Defense
may not transfer funds made available as a result of this limitation
from any military construction project, land acquisition, or family
housing project to another account or use such funds for another purpose
or project without the prior approval of the Committees on
Appropriations of both Houses of Congress. This section shall not apply
to military construction projects, land acquisition, or family housing
projects for which the project is vital to the national security or the
protection of health, safety, or
environmental <<NOTE: Notification. Deadline.>> quality: Provided, That
the Secretary of Defense shall notify the congressional defense
committees within seven days of a decision to carry out such a military
construction project.
(including transfer of funds)
Sec. 126. During the 5-year period after appropriations available in
this Act to the Department of Defense for military construction and
family housing operation and maintenance and construction have expired
for obligation, upon a determination that such appropriations will not
be necessary for the liquidation of obligations or for making authorized
adjustments to such appropriations for obligations incurred during the
period of availability of such appropriations, unobligated balances of
such appropriations may be transferred into the appropriation ``Foreign
Currency Fluctuations, Construction, Defense'', to be merged with and to
be available for the same time period and for the same purposes as the
appropriation to which transferred.
Sec. 127. <<NOTE: Colorado.>> None of the funds appropriated or
otherwise made available in this title may be used for any action that
is related to or promotes the expansion of the boundaries or size of the
Pinon Canyon Maneuver Site, Colorado.
Sec. 128. Amounts appropriated or otherwise made available in an
account funded under the headings in this title may be transferred among
projects and activities within that account in accordance with the
reprogramming guidelines for military construction and family housing
construction contained in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated Act), and in
the guidance for military construction reprogrammings and notifications
contained in Department of Defense Financial Management Regulation
7000.14-R, Volume 3, Chapter 7, of December 1996, as in effect on the
date of enactment of this Act.
[[Page 122 STAT. 3702]]
(including transfer of funds)
Sec. 129. <<NOTE: Study.>> (a) Of the amount appropriated or
otherwise made available by this Act for the Department of Defense under
the heading ``Military Construction, Air Force'' and available for
planning and design, the Secretary of the Air Force shall, in accordance
with section 1535 of title 31, United States Code, transfer $500,000 to
the American Battle Monuments Commission to conduct an engineering study
on the restoration of the Lafayette Escadrille Memorial in Marnes-La-
Coquette, France.
(b) The study conducted pursuant to subsection (a) shall include:
(1) an estimate of costs to be incurred to restore the
structure, features, landscaped grounds and caretaker's quarters
of the Lafayette Escadrille Memorial to standards similar to
memorials and burial grounds administered by the American Battle
Monuments Commission; and
(2) an estimate of annual costs for the long-term
preservation, maintenance, and operation of the memorial under
those standards.
(c) The amount transferred under subsection (a) shall remain
available until expended.
Sec. 130. Of the funds provided for ``Family Housing Construction,
Defense-Wide'' under Public Law 110-5, $6,040,000 are hereby rescinded.
Sec. 131. In addition to amounts otherwise appropriated or made
available under the heading ``Military Construction, Air National
Guard'', there is hereby appropriated an additional $28,000,000, to
remain available until September 30, 2013, for the construction of Air
National Guard fire stations: Provided, That notwithstanding any other
provision of law, such funds may be obligated and expended to carry out
planning and design and construction not otherwise authorized
by <<NOTE: Deadline. Expenditure plan.>> law: Provided further, That
within 30 days of enactment of this Act, and prior to obligation of
funds, the Air National Guard shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan for funds
provided under this section.
Sec. 132. In addition to amounts otherwise appropriated or made
available under the heading ``Military Construction, Army National
Guard'', there is hereby appropriated an additional $147,000,000 to
remain available until September 30, 2013, for the construction of
facilities consistent with Army National Guard emerging requirements:
Provided, That notwithstanding any other provision of law, such funds
may be obligated and expended to carry out planning and design and
construction not otherwise authorized by law:
Provided <<NOTE: Deadline. Expenditure plan.>> further, That within 30
days of enactment of this Act, and prior to obligation of funds, the
Director of the Army National Guard shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan for funds
provided under this section.
[[Page 122 STAT. 3703]]
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of veterans
and a pilot program for disability examinations as authorized by section
107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38, United
States Code; pension benefits to or on behalf of veterans as authorized
by chapters 15, 51, 53, 55, and 61 of title 38, United States Code; and
burial benefits, the Reinstated Entitlement Program for Survivors,
emergency and other officers' retirement pay, adjusted-service credits
and certificates, payment of premiums due on commercial life insurance
policies guaranteed under the provisions of title IV of the
Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) and for
other benefits as authorized by sections 107, 1312, 1977, and 2106, and
chapters 23, 51, 53, 55, and 61 of title 38, United States Code,
$43,111,681,000, to remain available until expended: Provided, That not
to exceed $26,798,000 of the amount appropriated under this heading
shall be reimbursed to ``General operating expenses'', ``Medical support
and compliance'', and ``Information technology systems'' for necessary
expenses in implementing the provisions of chapters 51, 53, and 55 of
title 38, United States Code, the funding source for which is
specifically provided as the ``Compensation and pensions''
appropriation: Provided further, That such sums as may be earned on an
actual qualifying patient basis, shall be reimbursed to ``Medical care
collections fund'' to augment the funding of individual medical
facilities for nursing home care provided to pensioners as authorized.
readjustment benefits
For the payment of readjustment and rehabilitation benefits to or on
behalf of veterans as authorized by chapters 21, 30, 31, 33, 34, 35, 36,
39, 51, 53, 55, and 61 of title 38, United States Code, $3,832,944,000,
to remain available until expended: Provided, That expenses for
rehabilitation program services and assistance which the Secretary is
authorized to provide under subsection (a) of section 3104 of title 38,
United States Code, other than under paragraphs (1), (2), (5), and (11)
of that subsection, shall be charged to this account.
veterans insurance and indemnities
For military and naval insurance, national service life insurance,
servicemen's indemnities, service-disabled veterans insurance, and
veterans mortgage life insurance as authorized by title 38, United
States Code, chapters 19 and 21, $42,300,000, to remain available until
expended.
[[Page 122 STAT. 3704]]
Veterans Housing Benefit Program Fund
For the cost of direct and guaranteed loans, such sums as may be
necessary to carry out the program, as authorized by subchapters I
through III of chapter 37 of title 38, United States Code: Provided,
That such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974: Provided
further, That during fiscal year 2009, within the resources available,
not to exceed $500,000 in gross obligations for direct loans are
authorized for specially adapted housing loans.
In addition, for administrative expenses to carry out the direct and
guaranteed loan programs, $157,210,000.
Vocational Rehabilitation Loans Program Account
(including transfer of funds)
For the cost of direct loans, $61,000, as authorized by chapter 31
of title 38, United States Code: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That funds made
available under this heading are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$3,180,000.
In addition, for administrative expenses necessary to carry out the
direct loan program, $320,000, which may be paid to the appropriation
for ``General operating expenses''.
native american veteran housing loan program account
For administrative expenses to carry out the direct loan program
authorized by subchapter V of chapter 37 of title 38, United States
Code, $646,000.
guaranteed transitional housing loans for homeless veterans program
account
For the administrative expenses to carry out the guaranteed
transitional housing loan program authorized by subchapter VI of chapter
20 of title 38, United States Code, not to exceed $750,000 of the
amounts appropriated by this Act for ``General operating expenses'' and
``Medical support and compliance'' may be expended.
Veterans Health Administration
medical services
(including transfer of funds)
For necessary expenses for furnishing, as authorized by law,
inpatient and outpatient care and treatment to beneficiaries of the
Department of Veterans Affairs and veterans described in section 1705(a)
of title 38, United States Code, including care and treatment in
facilities not under the jurisdiction of the Department, and including
medical supplies and equipment, food services, and salaries and expenses
of health-care employees hired under title 38, United States Code, and
aid to State homes as authorized by section 1741 of title 38, United
States Code; $30,969,903,000, plus reimbursements, of which not less
than $3,800,000,000 shall
[[Page 122 STAT. 3705]]
be expended for specialty mental health care and of which $250,000,000
shall be for establishment and implementation of a new rural health
outreach and delivery initiative: Provided, That of the funds made
available under this heading, not to exceed $1,600,000,000 shall be
available until September 30, 2010: Provided
further, <<NOTE: Priorities.>> That, notwithstanding any other provision
of law, the Secretary of Veterans Affairs shall establish a priority for
the provision of medical treatment for veterans who have service-
connected disabilities, lower income, or have
special <<NOTE: Priorities.>> needs: Provided further, That,
notwithstanding any other provision of law, the Secretary of Veterans
Affairs shall give priority funding for the provision of basic medical
benefits to veterans in enrollment priority groups 1 through 6: Provided
further, That, notwithstanding any other provision of law, the Secretary
of Veterans Affairs may authorize the dispensing of prescription drugs
from Veterans Health Administration facilities to enrolled veterans with
privately written prescriptions based on requirements established by the
Secretary: Provided further, That the implementation of the program
described in the previous proviso shall incur no additional cost to the
Department of Veterans Affairs: Provided further, That for the
Department of Defense/Department of Veterans Affairs Health Care Sharing
Incentive Fund, as authorized by section 8111(d) of title 38, United
States Code, a minimum of $15,000,000, to remain available until
expended, for any purpose authorized by section 8111 of title 38, United
States Code.
medical support and compliance
For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and research
activities, as authorized by law; administrative expenses in support of
capital policy activities; and administrative and legal expenses of the
Department for collecting and recovering amounts owed the Department as
authorized under chapter 17 of title 38, United States Code, and the
Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.):
$4,450,000,000, plus reimbursements, of which $250,000,000 shall be
available until September 30, 2010.
medical facilities
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, and domiciliary facilities and other necessary
facilities of the Veterans Health Administration; for administrative
expenses in support of planning, design, project management, real
property acquisition and disposition, construction, and renovation of
any facility under the jurisdiction or for the use of the Department;
for oversight, engineering, and architectural activities not charged to
project costs; for repairing, altering, improving, or providing
facilities in the several hospitals and homes under the jurisdiction of
the Department, not otherwise provided for, either by contract or by the
hire of temporary employees and purchase of materials; for leases of
facilities; and for laundry services, $5,029,000,000, plus
reimbursements, of which $350,000,000 shall be available until September
30, 2010: Provided, That $300,000,000 for non-recurring maintenance
provided under this heading shall be allocated in a manner not subject
to the Veterans Equitable Resource Allocation.
[[Page 122 STAT. 3706]]
medical and prosthetic research
For necessary expenses in carrying out programs of medical and
prosthetic research and development as authorized by chapter 73 of title
38, United States Code, $510,000,000, plus reimbursements, to remain
available until September 30, 2010.
National Cemetery Administration
For necessary expenses of the National Cemetery Administration for
operations and maintenance, not otherwise provided for, including
uniforms or allowances therefor; cemeterial expenses as authorized by
law; purchase of one passenger motor vehicle for use in cemeterial
operations; hire of passenger motor vehicles; and repair, alteration or
improvement of facilities under the jurisdiction of the National
Cemetery Administration, $230,000,000, of which not to exceed
$23,000,000 shall be available until September 30, 2010.
Departmental Administration
general operating expenses
For necessary operating expenses of the Department of Veterans
Affairs, not otherwise provided for, including administrative expenses
in support of Department-Wide capital planning, management and policy
activities, uniforms, or allowances therefor; not to exceed $25,000 for
official reception and representation expenses; hire of passenger motor
vehicles; and reimbursement of the General Services Administration for
security guard services, and the Department of Defense for the cost of
overseas employee mail, $1,801,867,000: Provided, That expenses for
services and assistance authorized under paragraphs (1), (2), (5), and
(11) of section 3104(a) of title 38, United States Code, that the
Secretary of Veterans Affairs determines are necessary to enable
entitled veterans: (1) to the maximum extent feasible, to become
employable and to obtain and maintain suitable employment; or (2) to
achieve maximum independence in daily living, shall be charged to this
account: Provided further, That the Veterans Benefits Administration
shall be funded at not less than $1,466,095,000: Provided further, That
of the funds made available under this heading, not to exceed
$83,000,000 shall be available for obligation until September 30, 2010:
Provided further, That from the funds made available under this heading,
the Veterans Benefits Administration may purchase (on a one-for-one
replacement basis only) up to two passenger motor vehicles for use in
operations of that Administration in Manila, Philippines.
Information Technology Systems
For necessary expenses for information technology systems and
telecommunications support, including developmental information systems
and operational information systems; for pay and associated costs; and
for the capital asset acquisition of information technology systems,
including management and related contractual costs of said acquisitions,
including contractual costs associated with operations authorized by
section 3109 of title 5, United States Code,
[[Page 122 STAT. 3707]]
$2,489,391,000, plus reimbursements, to be available until September 30,
2010: Provided, That of the funds made available under this heading, not
less than $48,000,000 shall be for the Financial and Logistics
Integrated Technology Enterprise <<NOTE: Expenditure plan.>> program:
Provided further, That none of these funds may be obligated until the
Department of Veterans Affairs submits to the Committees on
Appropriations of both Houses of Congress, and such Committees approve,
a plan for expenditure that: (1) meets the capital planning and
investment control review requirements established by the Office of
Management and Budget; (2) complies with the Department of Veterans
Affairs enterprise architecture; (3) conforms with an established
enterprise life cycle methodology; and (4) complies with the acquisition
rules, requirements, guidelines, and systems acquisition management
practices of the Federal <<NOTE: Deadline. Submission.>> Government:
Provided further, That within 30 days of enactment of this Act, the
Secretary of Veterans Affairs shall submit to the Committees on
Appropriations of both Houses of Congress a reprogramming base letter
which provides, by project, the costs included in this appropriation.
office of inspector general
For necessary expenses of the Office of Inspector General, to
include information technology, in carrying out the provisions of the
Inspector General Act of 1978 (5 U.S.C. App.), $87,818,000, of which
$5,000,000 shall be available until September 30, 2010.
construction, major projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, or for any of the
purposes set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 8108,
8109, 8110, and 8122 of title 38, United States Code, including
planning, architectural and engineering services, construction
management services, maintenance or guarantee period services costs
associated with equipment guarantees provided under the project,
services of claims analysts, offsite utility and storm drainage system
construction costs, and site acquisition, where the estimated cost of a
project is more than the amount set forth in section 8104(a)(3)(A) of
title 38, United States Code, or where funds for a project were made
available in a previous major project appropriation, $923,382,000, to
remain available until expended, of which $10,000,000 shall be to make
reimbursements as provided in section 13 of the Contract Disputes Act of
1978 (41 U.S.C. 612) for claims paid for contract disputes: Provided,
That except for advance planning activities, including needs assessments
which may or may not lead to capital investments, and other capital
asset management related activities, including portfolio development and
management activities, and investment strategy studies funded through
the advance planning fund and the planning and design activities funded
through the design fund, including needs assessments which may or may
not lead to capital investments, and funds provided for the purchase of
land for the National Cemetery Administration through the land
acquisition line item, none of the funds appropriated under this heading
shall be used for any project which has not been approved by the
Congress in the budgetary <<NOTE: Contracts. Deadlines.>> process:
Provided further, That funds provided in this appropriation for fiscal
year 2009, for each approved project
[[Page 122 STAT. 3708]]
shall be obligated: (1) by the awarding of a construction documents
contract by September 30, 2009; and (2) by the awarding of a
construction contract by September 30, <<NOTE: Reports.>> 2010: Provided
further, That the Secretary of Veterans Affairs shall promptly submit to
the Committees on Appropriations of both Houses of Congress a written
report on any approved major construction project for which obligations
are not incurred within the time limitations established above: Provided
further, That of the amount appropriated in this paragraph, $923,382,000
shall be for the projects and activities, and in the amounts, specified
under this heading in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act).
construction, minor projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, including planning and
assessments of needs which may lead to capital investments,
architectural and engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and storm drainage
system construction costs, and site acquisition, or for any of the
purposes set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 8108,
8109, 8110, 8122, and 8162 of title 38, United States Code, where the
estimated cost of a project is equal to or less than the amount set
forth in section 8104(a)(3)(A) of title 38, United States Code,
$741,534,000, to remain available until expended, along with unobligated
balances of previous ``Construction, minor projects'' appropriations
which are hereby made available for any project where the estimated cost
is equal to or less than the amount set forth in such section: Provided,
That funds in this account shall be available for: (1) repairs to any of
the nonmedical facilities under the jurisdiction or for the use of the
Department which are necessary because of loss or damage caused by any
natural disaster or catastrophe; and (2) temporary measures necessary to
prevent or to minimize further loss by such causes: Provided further:
That $7,000,000 of the amount appropriated in this paragraph shall be
for the installation of alternative fueling stations at 35 medical
facility campuses.
grants for construction of state extended care facilities
For grants to assist States to acquire or construct State nursing
home and domiciliary facilities and to remodel, modify, or alter
existing hospital, nursing home, and domiciliary facilities in State
homes, for furnishing care to veterans as authorized by sections 8131
through 8137 of title 38, United States Code, $175,000,000, to remain
available until expended.
grants for construction of state veterans cemeteries
For grants to assist States in establishing, expanding, or improving
State veterans cemeteries as authorized by section 2408 of title 38,
United States Code, $42,000,000, to remain available until expended.
[[Page 122 STAT. 3709]]
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2009 for ``Compensation
and pensions'', ``Readjustment benefits'', and ``Veterans insurance and
indemnities'' may be transferred as necessary to any other of the
mentioned <<NOTE: Deadline.>> appropriations: Provided, That before a
transfer may take place, the Secretary of Veterans Affairs shall request
from the Committees on Appropriations of both Houses of Congress the
authority to make the transfer and such Committees issue an approval, or
absent a response, a period of 30 days has elapsed.
(including transfer of funds)
Sec. 202. Amounts made available for the Department of Veterans
Affairs for fiscal year 2009, in this Act or any other Act, under the
``Medical services'', ``Medical support and compliance'', and ``Medical
facilities'' accounts may be transferred among the accounts to the
extent necessary to implement the restructuring of the Veterans Health
Administration <<NOTE: Notification.>> accounts: Provided, That any
transfers between the ``Medical services'' and ``Medical support and
compliance'' accounts of 1 percent or less of the total amount
appropriated to the account in this or any other Act may take place
subject to notification from the Secretary of Veterans Affairs to the
Committees on Appropriations of both Houses of Congress of the amount
and purpose of the transfer: Provided further, That any transfers
between the ``Medical services'' and ``Medical support and compliance''
accounts in excess of 1 percent, or exceeding the cumulative 1 percent
for the fiscal year, may take place only after the Secretary requests
from the Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued: Provided
further, That any transfers to or from the ``Medical facilities''
account may take place only after the Secretary requests from the
Committees on Appropriations of both Houses of Congress the authority to
make the transfer and an approval is issued.
Sec. 203. Appropriations available in this title for salaries and
expenses shall be available for services authorized by section 3109 of
title 5, United States Code, hire of passenger motor vehicles; lease of
a facility or land or both; and uniforms or allowances therefore, as
authorized by sections 5901 through 5902 of title 5, United States Code.
Sec. 204. No appropriations in this title (except the appropriations
for ``Construction, major projects'', and ``Construction, minor
projects'') shall be available for the purchase of any site for or
toward the construction of any new hospital or home.
Sec. 205. No appropriations in this title shall be available for
hospitalization or examination of any persons (except beneficiaries
entitled to such hospitalization or examination under the laws providing
such benefits to veterans, and persons receiving such treatment under
sections 7901 through 7904 of title 5, United States Code, or the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.)), unless reimbursement of the cost of such hospitalization or
examination is made to the ``Medical services'' account at such rates as
may be fixed by the Secretary of Veterans Affairs.
[[Page 122 STAT. 3710]]
Sec. 206. Appropriations available in this title for ``Compensation
and pensions'', ``Readjustment benefits'', and ``Veterans insurance and
indemnities'' shall be available for payment of prior year accrued
obligations required to be recorded by law against the corresponding
prior year accounts within the last quarter of fiscal year 2008.
Sec. 207. Appropriations available in this title shall be available
to pay prior year obligations of corresponding prior year appropriations
accounts resulting from sections 3328(a), 3334, and 3712(a) of title 31,
United States Code, except that if such obligations are from trust fund
accounts they shall be payable only from ``Compensation and pensions''.
(including transfer of funds)
Sec. 208. Notwithstanding any other provision of law, during fiscal
year 2009, the Secretary of Veterans Affairs shall, from the National
Service Life Insurance Fund (38 U.S.C. 1920), the Veterans' Special Life
Insurance Fund (38 U.S.C. 1923), and the United States Government Life
Insurance Fund (38 U.S.C. 1955), reimburse the ``General operating
expenses'' and ``Information technology systems'' accounts for the cost
of administration of the insurance programs financed through those
accounts: Provided, That reimbursement shall be made only from the
surplus earnings accumulated in such an insurance program during fiscal
year 2009 that are available for dividends in that program after claims
have been paid and actuarially determined reserves have been set aside:
Provided further, That if the cost of administration of such an
insurance program exceeds the amount of surplus earnings accumulated in
that program, reimbursement shall be made only to the extent of such
surplus earnings: Provided further, That the Secretary shall determine
the cost of administration for fiscal year 2009 which is properly
allocable to the provision of each such insurance program and to the
provision of any total disability income insurance included in that
insurance program.
Sec. 209. Amounts deducted from enhanced-use lease proceeds to
reimburse an account for expenses incurred by that account during a
prior fiscal year for providing enhanced-use lease services, may be
obligated during the fiscal year in which the proceeds are received.
(including transfer of funds)
Sec. 210. Funds available in this title or funds for salaries and
other administrative expenses shall also be available to reimburse the
Office of Resolution Management of the Department of Veterans Affairs
and the Office of Employment Discrimination Complaint Adjudication under
section 319 of title 38, United States Code, for all services provided
at rates which will recover actual costs but not exceed $34,158,000 for
the Office of Resolution Management and $3,278,000 for the Office of
Employment and Discrimination Complaint Adjudication: Provided, That
payments may be made in advance for services to be furnished based on
estimated costs: Provided further, That amounts received shall be
credited to the ``General operating expenses'' and ``Information
technology systems'' accounts for use by the office that provided the
service.
[[Page 122 STAT. 3711]]
Sec. 211. <<NOTE: Reports. Deadline.>> No appropriations in this
title shall be available to enter into any new lease of real property if
the estimated annual rental is more than $1,000,000 unless the Secretary
submits a report which the Committees on Appropriations of both Houses
of Congress approve within 30 days following the date on which the
report is received.
Sec. 212. No funds of the Department of Veterans Affairs shall be
available for hospital care, nursing home care, or medical services
provided to any person under chapter 17 of title 38, United States Code,
for a non-service-connected disability described in section 1729(a)(2)
of such title, unless that person has disclosed to the Secretary of
Veterans Affairs, in such form as the Secretary may require, current,
accurate third-party reimbursement information for purposes of section
1729 of such title: Provided, That the Secretary may recover, in the
same manner as any other debt due the United States, the reasonable
charges for such care or services from any person who does not make such
disclosure as required: Provided further, That any amounts so recovered
for care or services provided in a prior fiscal year may be obligated by
the Secretary during the fiscal year in which amounts are received.
(including transfer of funds)
Sec. 213. Notwithstanding any other provision of law, proceeds or
revenues derived from enhanced-use leasing activities (including
disposal) may be deposited into the ``Construction, major projects'' and
``Construction, minor projects'' accounts and be used for construction
(including site acquisition and disposition), alterations, and
improvements of any medical facility under the jurisdiction or for the
use of the Department of Veterans Affairs. Such sums as realized are in
addition to the amount provided for in ``Construction, major projects''
and ``Construction, minor projects''.
Sec. 214. Amounts made available under ``Medical services'' are
available--
(1) for furnishing recreational facilities, supplies, and
equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the Department.
(including transfer of funds)
Sec. 215. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, may be transferred to ``Medical services'', to remain available
until expended for the purposes of that account.
Sec. 216. <<NOTE: Alaska.>> Notwithstanding any other provision of
law, the Secretary of Veterans Affairs shall allow veterans who are
eligible under existing Department of Veterans Affairs medical care
requirements and who reside in Alaska to obtain medical care services
from medical facilities supported by the Indian Health Service or tribal
organizations. The Secretary shall: (1) limit the application of this
provision to rural Alaskan veterans in areas where an existing
Department of Veterans Affairs facility or Veterans Affairs-contracted
service is unavailable; (2) require participating veterans and
facilities to comply with all appropriate rules and regulations, as
established by the Secretary; (3) require this provision to be
consistent with Capital Asset Realignment for Enhanced Services
[[Page 122 STAT. 3712]]
activities; and (4) result in no additional cost to the Department of
Veterans Affairs or the Indian Health Service.
(including transfer of funds)
Sec. 217. Such sums as may be deposited to the Department of
Veterans Affairs Capital Asset Fund pursuant to section 8118 of title
38, United States Code, may be transferred to the ``Construction, major
projects'' and ``Construction, minor projects'' accounts, to remain
available until expended for the purposes of these accounts.
Sec. 218. None of the funds available to the Department of Veterans
Affairs, in this Act, or any other Act, may be used to replace the
current system by which the Veterans Integrated Services Networks select
and contract for diabetes monitoring supplies and equipment.
Sec. 219. None of the funds made available in this title may be used
to implement any policy prohibiting the Directors of the Veterans
Integrated Services Networks from conducting outreach or marketing to
enroll new veterans within their respective Networks.
Sec. 220. <<NOTE: Deadlines. Reports.>> The Secretary of Veterans
Affairs shall submit to the Committees on Appropriations of both Houses
of Congress a quarterly report on the financial status of the Veterans
Health Administration.
(including transfer of funds)
Sec. 221. Amounts made available under the ``Medical services'',
``Medical support and compliance'', ``Medical facilities'', ``General
operating expenses'', and ``National Cemetery Administration'' accounts
for fiscal year 2009, may be transferred to or from the ``Information
technology systems'' account: Provided, That before a transfer may take
place, the Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the authority to
make the transfer and an approval is issued.
(including transfer of funds)
Sec. 222. Amounts made available for the ``Information technology
systems'' account may be transferred
between <<NOTE: Deadline.>> projects: Provided, That no project may be
increased or decreased by more than $1,000,000 of cost prior to
submitting a request to the Committees on Appropriations of both Houses
of Congress to make the transfer and an approval is issued, or absent a
response, a period of 30 days has elapsed.
(including transfer of funds)
Sec. 223. Any balances in prior year accounts established for the
payment of benefits under the Reinstated Entitlement Program for
Survivors shall be transferred to and merged with amounts available
under the ``Compensation and pensions'' account, and receipts that would
otherwise be credited to the accounts established for the payment of
benefits under the Reinstated Entitlement Program for Survivors program
shall be credited to amounts available under the ``Compensation and
pensions'' account.
[[Page 122 STAT. 3713]]
Sec. 224. Section 1710(f)(2)(B) of title 38, United States Code, is
amended by striking ``September 30, 2008,'' and inserting ``September
30, 2009,''.
Sec. 225. Section 1729(a)(2)(E) of title 38, United States Code, is
amended by striking ``October 1, 2008,'' and inserting ``October 1,
2009,''.
Sec. 226. The Department shall continue research into Gulf War
illness at levels not less than those made available in fiscal year
2008, within available funds contained in this Act.
Sec. 227. (a) Upon a determination by the Secretary of Veterans
Affairs that such action is in the national interest, and will have a
direct benefit for veterans through increased access to treatment, the
Secretary of Veterans Affairs may transfer not more than $5,000,000 to
the Secretary of Health and Human Services for the Graduate Psychology
Education Program, which includes treatment of veterans, to support
increased training of psychologists skilled in the treatment of post-
traumatic stress disorder, traumatic brain injury, and related
disorders.
(b) The Secretary of Health and Human Services may only use funds
transferred under this section for the purposes described in subsection
(a).
(c) <<NOTE: Notification.>> The Secretary of Veterans Affairs shall
notify Congress of any such transfer of funds under this section.
Sec. 228. None of the funds appropriated or otherwise made available
by this Act or any other Act for the Department of Veterans Affairs may
be used in a manner that is inconsistent with--
(1) section 842 of the Transportation, Treasury, Housing and
Urban Development, the Judiciary, and Independent Agencies
Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2506);
or
(2) section 8110(a)(5) of title 38, United States Code.
Sec. 229. The Secretary of Veterans Affairs may carry out a major
medical facility lease in fiscal year 2009 in an amount not to exceed
$12,000,000 to implement the recommendations outlined in the August 2007
Study of South Texas Veterans' Inpatient and Specialty Outpatient Health
Care Needs.
Sec. 230. Of the amounts made available to the Department of
Veterans Affairs for fiscal year 2009, in this Act or any other Act,
under the ``Medical Facilities'' account for non-recurring maintenance,
not more than 20 percent of the funds made available shall be obligated
during the last 2 months of the fiscal year: Provided,
That <<NOTE: Waiver authority. Notice.>> the Secretary may waive this
requirement after providing written notice to the Committees on
Appropriations of both Houses of Congress.
Sec. 231. Section 2703 of the Emergency Supplemental Appropriations
Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006
(120 Stat. 469) is amended--
(1) by inserting ``(a)'' before ``Notwithstanding''; and
(2) by adding at the end the following:
``(b) This land shall be owned by the City of Gulfport for no less
than 50 years from the date of enactment of this Act.''.
Sec. 232. None of the funds made available in this Act may be used
to carry out section 111(c)(5) of title 38, United States Code, during
fiscal year 2009.
Sec. 233. <<NOTE: Extension date.>> Notwithstanding any other
provision of law, authority to carry out activities provided for under
section 1703(d)(4) of title 38, United States Code, shall continue in
effect until January
[[Page 122 STAT. 3714]]
31, 2009, unless prior to that date, authorization is enacted into law
otherwise extending this authority.
Sec. 234. <<NOTE: Extension date.>> Notwithstanding any other
provision of law, authority to carry out activities provided for under
section 5317(g) of title 38, United States Code, shall continue in
effect until January 31, 2009, unless prior to that date, authorization
is enacted into law otherwise extending this authority.
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
Salaries and Expenses
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, including the acquisition of land or
interest in land in foreign countries; purchases and repair of uniforms
for caretakers of national cemeteries and monuments outside of the
United States and its territories and possessions; rent of office and
garage space in foreign countries; purchase (one-for-one replacement
basis only) and hire of passenger motor vehicles; not to exceed $7,500
for official reception and representation expenses; and insurance of
official motor vehicles in foreign countries, when required by law of
such countries, $59,470,000, to remain available until expended.
foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, such sums as may be necessary, to remain
available until expended, for purposes authorized by section 2109 of
title 36, United States Code.
United States Court of Appeals for Veterans Claims
salaries and expenses
For necessary expenses for the operation of the United States Court
of Appeals for Veterans Claims as authorized by sections 7251 through
7298 of title 38, United States Code, $30,975,000, of which $1,700,000
shall be available for the purpose of providing financial assistance as
described, and in accordance with the process and reporting procedures
set forth, under this heading in Public Law 102-229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses, as authorized by law, for maintenance,
operation, and improvement of Arlington National Cemetery and Soldiers'
and Airmen's Home National Cemetery, including the purchase of two
passenger motor vehicles for replacement only, and not to exceed $1,000
for official reception and representation
[[Page 122 STAT. 3715]]
expenses, $36,730,000, to remain available until expended. In addition,
such sums as may be necessary for parking maintenance, repairs and
replacement, to be derived from the Lease of Department of Defense Real
Property for Defense Agencies account.
Funds appropriated under this Act may be provided to Arlington
County, Virginia, for the relocation of the federally owned water main
at Arlington National Cemetery making additional land available for
ground burials.
Armed Forces Retirement Home
trust fund
For expenses necessary for the Armed Forces Retirement Home to
operate and maintain the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi, to be paid from funds available in the Armed Forces
Retirement Home Trust Fund, $63,010,000, of which $8,025,000 shall
remain available until expended for construction and renovation of the
physical plants at the Armed Forces Retirement Home--Washington,
District of Columbia and the Armed Forces Retirement Home--Gulfport,
Mississippi.
TITLE IV
GENERAL PROVISIONS
Sec. 401. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 402. Such <<NOTE: Pay raises.>> sums as may be necessary for
fiscal year 2009 for pay raises for programs funded by this Act shall be
absorbed within the levels appropriated in this Act.
Sec. 403. None of the funds made available in this Act may be used
for any program, project, or activity, when it is made known to the
Federal entity or official to which the funds are made available that
the program, project, or activity is not in compliance with any Federal
law relating to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 404. No <<NOTE: Lobbying.>> part of any funds appropriated in
this Act shall be used by an agency of the executive branch, other than
for normal and recognized executive-legislative relationships, for
publicity or propaganda purposes, and for the preparation, distribution,
or use of any kit, pamphlet, booklet, publication, radio, television, or
film presentation designed to support or defeat legislation pending
before Congress, except in presentation to Congress itself.
Sec. 405. All departments and agencies funded under this Act are
encouraged, within the limits of the existing statutory authorities and
funding, to expand their use of ``E-Commerce'' technologies and
procedures in the conduct of their business practices and public service
activities.
Sec. 406. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government except pursuant to a transfer made by, or transfer
authority provided in, this or any other appropriations Act.
Sec. 407. Unless <<NOTE: Submissions.>> stated otherwise, all
reports and notifications required by this Act shall be submitted to the
Subcommittee on
[[Page 122 STAT. 3716]]
Military Construction, Veterans Affairs, and Related Agencies of the
Committee on Appropriations of the House of Representatives and the
Subcommittee on Military Construction, Veterans Affairs, and Related
Agencies of the Committee on Appropriations of the Senate.
Sec. 408. None of the funds made available in this Act may be used
to modify the standards applicable to the determination of the
entitlement of veterans to special monthly pensions under sections
1513(a) and 1521(e) of title 38, United States Code, as in effect
pursuant to the opinion of the United States Court of Appeals for
Veterans Claims in the case of Hartness v. Nicholson (No. 04-0888, July
21, 2006).
Sec. 409. None of the funds made available in this Act may be used
for a project or program named for an individual then serving as a
Member, Delegate, or Resident Commissioner of the United States
Congress.
This division may be cited as the ``Military Construction and
Veterans Affairs and Related Agencies Appropriations Act, 2009''.
Approved September 30, 2008.
LEGISLATIVE HISTORY--H.R. 2638 (S. 1644):
---------------------------------------------------------------------------
HOUSE REPORTS: No. 110-181 (Comm. on Appropriations).
SENATE REPORTS: No. 110-84 accompanying S. 1644 (Comm. on
Appropriations).
CONGRESSIONAL RECORD:
Vol. 153 (2007):
June 12-15, considered and passed
House.
July 24-26, considered and passed
Senate, amended.
Vol. 154 (2008):
Sept. 24, House concurred in Senate
amendment with an amendment.
Sept. 26, 27, Senate considered and
concurred in House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 44 (2008):
Sept. 30, Presidential statement.
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