[DOCID: f:hr875.110]
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110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-875
======================================================================
PROVIDING FOR CONSIDERATION OF THE SENATE AMENDMENT TO THE BILL (H.R.
2638) MAKING APPROPRIATIONS FOR THE DEPARTMENT OF HOMELAND SECURITY FOR
THE FISCAL YEAR ENDING SEPTEMBER 30, 2008, AND FOR OTHER PURPOSES
_______
September 24 (legislative day, September 23), 2008.--Referred to the
House Calendar and ordered to be printed
_______
Mr. McGovern, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 1488]
The Committee on Rules, having had under consideration
House Resolution 1488, by a record vote of 9-4, report the same
to the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of the Senate
amendment to the bill (H.R. 2638), the Consolidated Security,
Disaster Assistance, and Continuing Appropriations Act, 2009.
The resolution would make in order a motion offered by the
chairman of the Committee on Appropriations that the House
concur in the Senate amendment with the amendment printed in
this report.
The rule waives all points of order against consideration
of the motion except those arising under clause 10 of rule XXI.
The motion shall be debatable for 1 hour equally divided and
controlled by the chairman and ranking minority member of the
Committee on Appropriations. The Senate amendment and the
motion shall be considered as read.
Notwithstanding the operation of the previous question, the
Chair may postpone consideration of the motion to a time
designated by the Speaker. The rule requires the chairman of
the Committee on Appropriations to insert in the Congressional
Record dated September 24, 2008, such material as he may deem
explanatory of the motion.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of
the motion (except those arising under clause 10 of rule XXI)
includes a waiver of sections 302 and 306 of the Congressional
Budget Act (prohibiting consideration in the House of an
appropriation measure that includes funding in excess of a
subcommittee's allocation and prohibiting consideration of a
measure within the jurisdiction of the Committee on the Budget
unless such measure has been reported by, or discharged from,
the Committee on the Budget, respectively).
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 603
Date: September 23, 2008.
Measure: Consideration of Senate amendment to H.R. 2638.
Motion by: Mr. Dreier.
Summary of motion: To allow Mr. Lewis, the Ranking
Republican member of the Committee on Appropriations, to offer
an amendment of his choice.
Results: Defeated 4-9.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings
(WA)--Yea; Sessions--Yea; Slaughter--Nay.
Rules Committee record vote No. 604
Date: September 23, 2008.
Measure: Consideration of Senate amendment to H.R. 2638.
Motion by: Mr. McGovern.
Summary of motion: To report the rule.
Results: Adopted 9-4.
Vote by Members: McGovern--Yea; Hastings (FL)--Yea;
Matsui--Yea; Cardoza--Yea; Welch--Yea; Castor--Yea; Arcuri--
Yea; Sutton--Yea; Dreier--Nay; Diaz-Balart--Nay; Hastings
(WA)--Nay; Sessions--Nay; Slaughter--Yea.
SUMMARY OF THE HOUSE AMENDMENT MADE IN ORDER UNDER THE RULE
The House amendment strikes the text of the Senate
amendment and inserts language continuing appropriations for
fiscal year 2009, making emergency supplemental appropriations,
and covering three regular fiscal year 2009 appropriations
bills, each in a separate division.
Division A provides continuing appropriations for all
agencies and activities that would be covered by the regular
fiscal year 2009 appropriations bills, until enactment of the
applicable regular appropriations bill or until March 6, 2009,
whichever occurs first. Emergency FY09 appropriations for
LIHEAP and advanced technology vehicle manufacturing loans are
also included.
Division B provides $22.9 billion in emergency supplemental
appropriations for relief and recovery from hurricanes, floods,
and other natural disasters.
Division C provides $487.7 billion in FY09 funding for the
Department of Defense.
Division D provides $40 billion in FY09 funding for the
Department of Homeland Security.
Division E provides $72.9 billion in FY09 funding for
Military Construction and Veterans Affairs.
TEXT OF THE HOUSE AMENDMENT MADE IN ORDER UNDER THE RULE
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consolidated Security,
Disaster Assistance, and Continuing Appropriations Act, 2009''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
DIVISION A--CONTINUING APPROPRIATIONS RESOLUTION, 2009
DIVISION B--DISASTER RELIEF AND RECOVERY SUPPLEMENTAL APPROPRIATIONS
ACT, 2008
DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2009
DIVISION D--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2009
DIVISION E--MILITARY CONSTRUCTION AND VETERANS AFFAIRS APPROPRIATIONS
ACT, 2009
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to
``this Act'' or ``this joint resolution'' contained in any
division of this Act shall be treated as referring only to the
provisions of that division.
SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding this legislation, printed
in the House of Representatives section of the Congressional
Record on or about September 24, 2008 by the Chairman of the
Committee on Appropriations of the House, shall have the same
effect with respect to the allocation of funds and
implementation of this Act as if it were a joint explanatory
statement of a committee of conference.
----------
DIVISION A--CONTINUING APPROPRIATIONS RESOLUTION, 2009
The following sums are hereby appropriated, out of any money
in the Treasury not otherwise appropriated, and out of
applicable corporate or other revenues, receipts, and funds,
for the several departments, agencies, corporations, and other
organizational units of Government for fiscal year 2009, and
for other purposes, namely:
Sec. 101. Such amounts as may be necessary, at a rate for
operations as provided in the applicable appropriations Acts
for fiscal year 2008 and under the authority and conditions
provided in such Acts, for continuing projects or activities
(including the costs of direct loans and loan guarantees) that
are not otherwise specifically provided for in this joint
resolution, that were conducted in fiscal year 2008, and for
which appropriations, funds, or other authority were made
available in the following appropriations Acts: divisions A, B,
C, D, F, G, H, J, and K of the Consolidated Appropriations Act,
2008 (Public Law 110-161).
Sec. 102. Rates for operations shall be calculated under
section 101 without regard to any amount designated in the
applicable appropriations Acts for fiscal year 2008 as an
emergency requirement or necessary to meet emergency needs
pursuant to any concurrent resolution on the budget, other than
the following amounts:
(1) $150,000,000 provided in Public Law 110-252 for
``Department of Health and Human Services--Food and
Drug Administration--Salaries and Expenses''.
(2) $143,539,000 provided in division B of Public Law
110-161 for ``Department of Justice--Federal Bureau of
Investigation--Salaries and Expenses''.
(3) $110,000,000 provided in Public Law 110-252 for
``Department of Labor--Employment and Training
Administration--State Unemployment Insurance and
Employment Service Operations'', without regard to the
dates specified under such heading.
(4) $272,000,000 of the $575,000,000 provided in
division J of Public Law 110-161 for ``Department of
State--Administration of Foreign Affairs--Diplomatic
and Consular Programs'' in the first paragraph under
such heading, and $206,632,000 provided in the last
paragraph under such heading.
(5) $76,700,000 provided in subchapter A of chapter 4
of title I of Public Law 110-252 for ``Department of
State--Administration of Foreign Affairs--Embassy
Security, Construction, and Maintenance''.
Sec. 103. Appropriations made by section 101 shall be
available to the extent and in the manner that would be
provided by the pertinent appropriations Act.
Sec. 104. No appropriation or funds made available or
authority granted pursuant to section 101 shall be used to
initiate or resume any project or activity for which
appropriations, funds, or other authority were not available
during fiscal year 2008.
Sec. 105. Appropriations made and authority granted pursuant
to this joint resolution shall cover all obligations or
expenditures incurred for any project or activity during the
period for which funds or authority for such project or
activity are available under this joint resolution.
Sec. 106. Unless otherwise provided for in this joint
resolution or in the applicable appropriations Act for fiscal
year 2009, appropriations and funds made available and
authority granted pursuant to this joint resolution shall be
available until whichever of the following first occurs: (1)
the enactment into law of an appropriation for any project or
activity provided for in this joint resolution; (2) the
enactment into law of the applicable appropriations Act for
fiscal year 2009 without any provision for such project or
activity; or (3) March 6, 2009.
Sec. 107. Expenditures made pursuant to this joint
resolution shall be charged to the applicable appropriation,
fund, or authorization whenever a bill in which such applicable
appropriation, fund, or authorization is contained is enacted
into law.
Sec. 108. Appropriations made and funds made available by or
authority granted pursuant to this joint resolution may be used
without regard to the time limitations for submission and
approval of apportionments set forth in section 1513 of title
31, United States Code, but nothing in this joint resolution
may be construed to waive any other provision of law governing
the apportionment of funds.
Sec. 109. Notwithstanding any other provision of this joint
resolution, except section 106, for those programs that would
otherwise have high initial rates of operation or complete
distribution of appropriations at the beginning of fiscal year
2009 because of distributions of funding to States, foreign
countries, grantees, or others, such high initial rates of
operation or complete distribution shall not be made, and no
grants shall be awarded for such programs funded by this joint
resolution that would impinge on final funding prerogatives.
Sec. 110. This joint resolution shall be implemented so that
only the most limited funding action of that permitted in the
joint resolution shall be taken in order to provide for
continuation of projects and activities.
Sec. 111. (a) For entitlements and other mandatory payments
whose budget authority was provided in appropriations Acts for
fiscal year 2008, and for activities under the Food and
Nutrition Act of 2008, activities shall be continued at the
rate to maintain program levels under current law, under the
authority and conditions provided in the applicable
appropriations Act for fiscal year 2008, to be continued
through the date specified in section 106(3).
(b) Notwithstanding section 106, obligations for mandatory
payments due on or about the first day of any month that begins
after October 2008 but not later than 30 days after the date
specified in section 106(3) may continue to be made, and funds
shall be available for such payments.
Sec. 112. Amounts made available under section 101 for
civilian personnel compensation and benefits in each department
and agency may be apportioned up to the rate for operations
necessary to avoid furloughs within such department or agency,
consistent with the applicable appropriations Act for fiscal
year 2008, except that such authority provided under this
section shall not be used until after the department or agency
has taken all necessary actions to reduce or defer non-
personnel-related administrative expenses.
Sec. 113. Funds appropriated by this joint resolution may be
obligated and expended notwithstanding section 10 of Public Law
91-672 (22 U.S.C. 2412), section 15 of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2680), section 313 of
the Foreign Relations Authorization Act, Fiscal Years 1994 and
1995 (22 U.S.C. 6212), and section 504(a)(1) of the National
Security Act of 1947 (50 U.S.C. 414(a)(1)).
Sec. 114. Notwithstanding section 101, amounts are provided
for ``Department of Agriculture--Food and Nutrition Service--
Special Supplemental Nutrition Program for Women, Infants, and
Children (WIC)'' at a rate for operations of $6,658,000,000.
Sec. 115. Notwithstanding section 101, amounts are provided
for ``Department of Agriculture--Rural Housing Service--Rental
Assistance Program'' at a rate for operations of $997,000,000.
Sec. 116. Section 14222(b)(1) of the Food, Conservation, and
Energy Act of 2008 (Public Law 110-246) shall not apply through
the date specified in section 106(3) of this joint resolution.
Sec. 117. Notwithstanding section 101, amounts are provided
for ``Department of Agriculture--Rural Housing Service--Rural
Housing Insurance Fund Program Account'', for the cost of
unsubsidized guaranteed loans for section 502 borrowers, at the
rate necessary to maintain the same principal amount of loan
guarantee commitments as made in fiscal year 2008.
Sec. 118. With respect to amounts provided by section 101
for the Department of Agriculture, sections 101 and 104 may not
be construed to prohibit the use of such amounts for necessary
administrative expenses for programs for which direct spending
authority (as defined in section 250(c)(8)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
900(c)(8)(A))) is provided by the Food, Conservation, and
Energy Act of 2008 (Public Law 110-246).
Sec. 119. Notwithstanding section 101, amounts are provided
for ``Department of Agriculture-Food and Nutrition Service--
Commodity Assistance Program'' at a rate for operations of
$233,791,000, of which $163,218,000 shall be for carrying out
the Commodity Supplemental Food Program.
Sec. 120. Notwithstanding section 101, amounts are provided
for ``Department of Commerce--Bureau of the Census--Periodic
Censuses and Programs'' at a rate for operations of
$2,906,262,000. From such amounts, funds may be used for
additional promotion, outreach, and marketing activities.
Sec. 121. Notwithstanding the limitations on administrative
expenses in subsections (c)(2) and (c)(3)(A) of section 3005 of
the Digital Television Transition and Public Safety Act of 2005
(Public Law 109-171; 120 Stat. 21), the Assistant Secretary (as
such term is defined in section 3001(b) of such Act) may expend
funds made available under sections 3006, 3008, and 3009 of
such Act for additional administrative expenses of the digital-
to-analog converter box program established by such section
3005 at a rate not to exceed $180,000,000 through the date
specified in section 106(3) of this joint resolution.
Sec. 122. Notwithstanding section 101, amounts are provided
for ``Department of Justice--Federal Prison System--Salaries
and Expenses'' at a rate for operations of $5,396,615,000.
Sec. 123. Notwithstanding section 101, amounts are provided
for ``Department of Justice--General Administration--Detention
Trustee'' at a rate for operations of $1,245,920,000.
Sec. 124. Amounts provided by section 101 for the National
Aeronautics and Space Administration may be obligated in the
account and budget structure set forth in S. 3182 (110th
Congress), the Commerce, Justice, Science, and Related Agencies
Appropriations Act, 2009, as reported by the Committee on
Appropriations of the Senate.
Sec. 125. Section 7(1)(B) of Public Law 106-178 (50 U.S.C.
1701 note) is amended by striking ``January 1, 2012'' and
inserting ``July 1, 2016''.
Sec. 126. In addition to amounts otherwise provided by
section 101, an additional amount is provided for ``Department
of Justice--Legal Activities--Salaries and Expenses, General
Legal Activities'' to reimburse the Office of Personnel
Management for salaries and expenses associated with the
Federal observer program under section 8 of the Voting Rights
Act of 1965 (42 U.S.C. 1973f), at a rate for operations of
$3,390,000, of which $1,090,000 shall be derived by transfer
from amounts provided by section 101 for ``Office of Personnel
Management--Salaries and Expenses''.
Sec. 127. Section 14704 of title 40, United States Code,
shall be applied by substituting the date specified in section
106(3) of this joint resolution for ``October 1, 2007''.
Sec. 128. Amounts provided by section 101 for ``Department
of the Army--Corps of Engineers-Civil--Construction'' for
inland waterway major rehabilitation projects shall not be
derived from the Inland Waterways Trust Fund.
Sec. 129. (a) Notwithstanding any other provision of this
joint resolution, there is appropriated $7,510,000,000 for
fiscal year 2009 for ``Department of Energy--Energy Programs--
Advanced Technology Vehicles Manufacturing Loan Program
Account'' for the cost of direct loans as authorized by section
136(d) of the Energy Independence and Security Act of 2007
(Public Law 110-140; 42 U.S.C. 17013(d)), to remain available
until expended. Of such amount, $10,000,000 shall be used for
administrative expenses in carrying out the direct loan
program. Commitments for direct loans using such amount shall
not exceed $25,000,000,000 in total loan principal. The cost of
such direct loans, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget
Act of 1974.
(b) The amount provided by this section is designated as an
emergency requirement and necessary to meet emergency needs
pursuant to section 204(a) of S. Con. Res. 21 (110th Congress)
and section 301(b)(2) of S. Con. Res. 70 (110th Congress), the
concurrent resolutions on the budget for fiscal years 2008 and
2009.
(c) Section 136 of the Energy Independence and Security Act
of 2007 (Public Law 110-140; 42 U.S.C. 17013) is amended as
follows:
(1) In subsection (d)(1), by adding at the end the
following: ``The loans shall be made through the
Federal Financing Bank, with the full faith and credit
of the United States Government on the principal and
interest. The full credit subsidy shall be paid by the
Secretary using appropriated funds.''.
(2) In subsection (e), by striking ``The Secretary
shall issue regulations that require that,'' and
inserting the following: ``Not later than 60 days after
the enactment of the Continuing Appropriations
Resolution, 2009, the Secretary shall promulgate an
interim final rule establishing regulations that the
Secretary deems necessary to administer this section
and any loans made by the Secretary pursuant to this
section. Such interim final rule shall require that,''.
(3) By adding at the end the following new
subsection:
``(j) Appointment and Pay of Personnel.--(1) The Secretary
may use direct hiring authority pursuant to section 3304(a)(3)
of title 5, United States Code, to appoint such professional
and administrative personnel as the Secretary deems necessary
to the discharge of the Secretary's functions under this
section.
``(2) The rate of pay for a person appointed pursuant to
paragraph (1) shall not exceed the maximum rate payable for GS-
15 of the General Schedule under chapter 53 such title 5.
``(3) The Secretary may retain such consultants as the
Secretary deems necessary to the discharge of the functions
required by this section, pursuant to section 31 of the Office
of Federal Procurement Policy Act (41 U.S.C. 427).''.
Sec. 130. (a) In addition to the amounts otherwise provided
by section 101 for ``Department of Energy--Energy Programs--
Energy Efficiency and Renewable Energy'' for weatherization
assistance under part A of title IV of the Energy Conservation
and Production Act (42 U.S.C. 6861 et seq.), there is
appropriated $250,000,000 for an additional amount for fiscal
year 2009, to remain available until expended.
(b) The amount provided by this section is designated as an
emergency requirement and necessary to meet emergency needs
pursuant to section 204(a) of S. Con. Res. 21 (110th Congress)
and section 301(b)(2) of S. Con. Res. 70 (110th Congress), the
concurrent resolutions on the budget for fiscal years 2008 and
2009.
Sec. 131. In addition to the amounts otherwise provided by
section 101, an additional amount is provided for ``Department
of the Treasury--Internal Revenue Service--Taxpayer Services''
to meet the requirements of the Economic Stimulus Act of 2008
(Public Law 110-185), at a rate for operations of $67,900,000.
Sec. 132. In addition to the amounts otherwise provided by
section 101, an additional amount is provided for ``Executive
Office of the President--Office of Administration--Salaries and
Expenses'' for e-mail restoration activities, at a rate for
operations of $5,700,000.
Sec. 133. Notwithstanding section 101, amounts are provided
for ``Executive Office of the President--Office of
Administration--Presidential Transition Administrative
Support'' to carry out the Presidential Transition Act of 1963
(3 U.S.C. 102 note) at a rate for operations of $8,000,000.
Such funds may be transferred to other accounts that provide
funding for offices within the Executive Office of the
President and the Office of the Vice President in this joint
resolution or any other Act, to carry out such purposes.
Sec. 134. Notwithstanding any other provision of this joint
resolution, except section 106, the District of Columbia may
expend local funds for programs and activities under the
heading ``District of Columbia Funds'' for such programs and
activities under title IV of S. 3260 (110th Congress), as
reported by the Committee on Appropriations of the Senate, at
the rate set forth under ``District of Columbia Funds'' as
included in the Fiscal Year 2009 Proposed Budget and Financial
Plan submitted to the Congress by the District of Columbia on
June 9, 2008.
Sec. 135. Notwithstanding section 101, amounts are provided
for ``Federal Payment for Emergency Planning and Security Costs
in the District of Columbia'' for a direct Federal payment to
the District of Columbia, at a rate for operations of
$15,000,000.
Sec. 136. In addition to the amounts otherwise provided by
section 101, an additional amount is provided for ``Federal
Communications Commission--Salaries and Expenses'' for consumer
education associated with the transition to digital television
occurring on February 17, 2009, at a rate for operations of
$20,000,000.
Sec. 137. Notwithstanding section 101, amounts are provided
for ``General Services Administration--Expenses, Presidential
Transition'' to carry out the Presidential Transition Act of
1963 (3 U.S.C. 102 note) at a rate for operations of
$8,520,000, of which not to exceed $1,000,000 is for activities
authorized by paragraphs (8) and (9) of section 3(a) of such
Act.
Sec. 138. Notwithstanding section 101, amounts are provided
for ``General Services Administration--Allowances and Office
Staff for Former Presidents'' to carry out the provisions of
the Act of August 25, 1958 (3 U.S.C. 102 note) at a rate for
operations of $2,682,000.
Sec. 139. Notwithstanding section 101, the limitation on
gross obligations applicable under the heading ``National
Credit Union Administration--Central Liquidity Facility'' in
division D of Public Law 110-161 shall be the amount authorized
by section 307(a)(4)(A) of the Federal Credit Union Act (12
U.S.C. 1795f(a)(4)(A)).
Sec. 140. Notwithstanding section 101, amounts are provided
to carry out section 504(d) of title 39, United States Code, as
amended by section 603(a) of the Postal Accountability and
Enhancement Act (Public Law 109-435), at a rate for operations
of $14,043,000, to be derived by transfer from the Postal
Service Fund.
Sec. 141. Notwithstanding section 101, amounts are provided
to carry out section 8G(f)(6) of the Inspector General Act of
1978 (5 U.S.C. App.), as added by section 603(b)(3) of the
Postal Accountability and Enhancement Act (Public Law 109-435),
at a rate for operations of $233,440,000, to be derived by
transfer from the Postal Service Fund.
Sec. 142. (a) The adjustment in rates of basic pay for
employees under the statutory pay systems that takes effect in
fiscal year 2009 under sections 5303 and 5304 of title 5,
United States Code, shall be an increase of 3.9 percent, and
this adjustment shall apply to civilian employees in the
Department of Homeland Security. Such adjustment shall be
effective as of the first day of the first applicable pay
period beginning on or after January 1, 2009.
(b) The adjustment in rates of basic pay for the statutory
pay systems that take place in fiscal year 2009 under sections
5344 and 5348 of title 5, United States Code, shall be no less
than the percentage in subsection (a) as employees in the same
location whose rates of basic pay are adjusted pursuant to the
statutory pay systems under section 5303 and 5304 of such title
5. Prevailing rate employees at locations where there are no
employees whose pay is increased pursuant to sections 5303 and
5304 of such title 5 and prevailing rate employees described in
section 5343(a)(5) of such title 5 shall be considered to be
located in the pay locality designated as ``Rest of US''
pursuant to section 5304 of such title 5 for purposes of this
subsection.
(c) Funds used to carry out this section shall be paid from
appropriations which are made to each applicable department or
agency for salaries and expenses for fiscal year 2009.
(d) The provisions of this section shall apply
notwithstanding any other provision of this joint resolution.
Sec. 143. Section 401(b) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note)
shall be applied by substituting the date specified in section
106(3) of this joint resolution for ``the 11-year period
beginning on the first day the pilot program is in effect''.
Sec. 144. The requirement set forth in section 610(b) of the
Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note)
shall continue through the date specified in section 106(3) of
this joint resolution.
Sec. 145. Sections 1309(a) and 1319 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026) shall each
be applied by substituting the date specified in section 106(3)
of this joint resolution for ``September 30, 2008''.
Sec. 146. Section 717(a) of the Defense Production Act of
1950 (50 U.S.C. App. 2166(a)) shall be applied by substituting
the date specified in section 106(3) of this joint resolution
for ``September 30, 2008''.
Sec. 147. The authority provided by section 330 of Public
Law 106-291 (43 U.S.C. 1701 note), as amended by section 428 of
Public Law 109-54, shall continue in effect through the date
specified in section 106(3) of this joint resolution.
Sec. 148. Section 337(a) of division E of Public Law 108-
447, as amended by section 420 of division F of Public Law 110-
161, shall be applied by substituting the date specified in
section 106(3) of this joint resolution for ``September 30,
2008''.
Sec. 149. Section 503(f) of Public Law 109-54 (16 U.S.C.
580d note) shall be applied by substituting the date specified
in section 106(3) of this joint resolution for ``September 30,
2008''.
Sec. 150. The authority provided by section 325 of Public
Law 108-108 (117 Stat. 1307) shall continue in effect through
the date specified in section 106(3) of this joint resolution.
Sec. 151. In addition to the amounts otherwise provided by
section 101, an additional amount is provided for ``Department
of the Interior--National Park Service--Operation of the
National Park System'' for security and visitor safety
activities related to the Presidential Inaugural Ceremonies, at
a rate for operations of $2,000,000.
Sec. 152. (a) Sections 104, 105, and 433 of division F of
Public Law 110-161 shall not apply to amounts provided by this
joint resolution.
(b) Nothing in this section amends or shall be construed as
amending the Outer Continental Shelf Lands Act (43 U.S.C. 1331
et seq.), including the public comment periods mandated by
section 18 of that Act (43 U.S.C. 1344), the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), or
any other law or regulation.
Sec. 153. Amounts provided by section 101 for implementation
of the Modified Water Deliveries to Everglades National Park
shall be made available to the Army Corps of Engineers, which
shall immediately carry out Alternative 3.2.2.a to U.S. Highway
41 (the Tamiami Trail) as substantially described in the
Limited Reevaluation Report with Integrated Environmental
Assessment and addendum, approved August 2008, which, for
purposes of this section, is determined to meet the
requirements of section 404 of the Federal Water Pollution
Control Act (33 U.S.C. 1344), including subsection (r), in
order to achieve the goals set forth in section 104 of the
Everglades National Park Protection and Expansion Act of 1989
(16 U.S.C. 410r-8).
Sec. 154. Activities authorized by chapters 2, 3, and 5 of
title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.),
including section 246 of such Act, shall continue through the
date specified in section 106(3) of this joint resolution.
Sec. 155. (a) In lieu of the amount otherwise provided by
section 101 for ``Department of Health and Human Services--
Administration for Children and Families--Low-Income Home
Energy Assistance'', there is appropriated for such account for
making payments under the Low-Income Home Energy Assistance Act
of 1981, $5,100,000,000, which shall remain available through
September 30, 2009. Of such amount, $4,509,672,000 is for
payments under subsections (b) and (d) of section 2602 of such
Act and $590,328,000 is for payments under subsection (e) of
such section. All but $839,792,000 of the amount provided by
this section for such subsections (b) and (d) shall be
allocated as though the total appropriation for such payments
for fiscal year 2009 was less than $1,975,000,000.
(b) Notwithstanding section 2605(b)(2)(B)(ii) of such Act, a
State may use any amount of an allotment from prior
appropriations Acts that is available to that State for
providing assistance in fiscal year 2009, and any allotment
from funds appropriated in this section or in any other
appropriations Act for fiscal year 2009, to provide assistance
to households whose income does not exceed 75 percent of the
State median income.
(c) The amount provided by this section shall be obligated to
States within 30 calender days from the date of enactment of
this joint resolution.
(d) Of the amount provided by this section, $2,779,672,000 is
designated as an emergency requirement and necessary to meet
emergency needs pursuant to section 204(a) of S. Con. Res. 21
(110th Congress) and section 301(b)(2) of S. Con. Res. 70
(110th Congress), the concurrent resolutions on the budget for
fiscal years 2008 and 2009.
(e) The provisions of this section shall apply
notwithstanding any other provision of this joint resolution.
Sec. 156. Notwithstanding section 101, amounts are provided
for ``Corporation for National and Community Service--Operating
Expenses'' to carry out subtitle E of the National and
Community Service Act of 1990 at a rate for operations of
$23,782,000.
Sec. 157. (a) Amounts provided by section 101 for
``Department of Health and Human Services--Office of the
Secretary--General Departmental Management'' are also available
for the purpose of funding the National Commission on Children
and Disasters authorized under title VI of division G of Public
Law 110-161 (the ``title VI Commission'').
(b) Effective on and after the date of enactment of this
joint resolution (1) the National Commission on Children and
Disasters established by the Secretary of Health and Human
Services under section 1114 of the Social Security Act (the
``section 1114 Commission''), together with its members,
personnel, and other resources and obligations, shall be
considered to be the title VI Commission and shall no longer be
subject to the provisions of such section 1114; and (2) for
purposes of any contract entered into by any component of the
Department of Health and Human Services in fiscal year 2008 for
support of the section 1114 Commission, any reference to the
section 1114 Commission shall be deemed to refer to the title
VI Commission.
Sec. 158. (a) Notwithstanding section 101, amounts are
provided for ``Department of Education-Student Financial
Assistance'' at a rate for operations of $18,627,136,000, of
which $16,761,000,000 shall be for carrying out subpart 1 of
part A of title IV of the Higher Education Act of 1965.
(b) Subparagraph (E) of section 401(b)(8) of the Higher
Education Act of 1965 shall not apply to any funds made
available under subparagraph (A) of such section through the
date specified in section 106(3) of this joint resolution.
Sec. 159. Notwithstanding any other provision of this joint
resolution, there is appropriated for payment to the heirs-at-
law of Stephanie Tubbs Jones, late a Representative from the
State of Ohio, $169,300.
Sec. 160. (a) Notwithstanding any other provision of this
joint resolution, there is appropriated for ``Department of
Veterans Affairs--Veterans Benefits Administration--Filipino
Veterans Equity Compensation Fund'' for payments to eligible
persons who served in the Philippines during World War II as
authorized, $198,000,000, to remain available until expended.
(b) The amount provided by this section is designated as an
emergency requirement and necessary to meet emergency needs
pursuant to section 204(a) of S. Con. Res. 21 (110th Congress)
and section 301(b)(2) of S. Con. Res. 70 (110th Congress), the
concurrent resolutions on the budget for fiscal years 2008 and
2009.
Sec. 161. The authority provided by section 1603(a) of
Public Law 109-234 shall continue in effect through the date
specified in section 106(3) of this joint resolution.
Sec. 162. Notwithstanding section 235(a)(2) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2195(a)(2)), the authority of
subsections (a) through (c) of section 234 of such Act shall
remain in effect through the date specified in section 106(3)
of this joint resolution.
Sec. 163. Notwithstanding any other provision of this joint
resolution, up to $5,000,000 of the amounts appropriated under
the heading ``Other Bilateral Economic Assistance--Department
of the Treasury--Debt Restructuring'' in Public Law 109-102, in
such Act as made applicable to fiscal year 2007 by the
Continuing Appropriations Resolution, 2007 (as amended by
Public Law 110-5), and in title III of division J of Public Law
110-161, may be used to assist Liberia in buying back its
commercial debt through the Debt Reduction Facility of the
International Development Association.
Sec. 164. The first proviso under the heading ``Department
of State--Migration and Refugee Assistance'' in title III of
division J of Public Law 110-161 shall not apply to amounts
provided by this joint resolution.
Sec. 165. Notwithstanding section 101 of this joint
resolution, the number in the third proviso under the heading
``Military Assistance--Funds Appropriated to the President--
Foreign Military Financing Program'' in title IV of division J
of Public Law 110-161 shall be deemed to be $670,650,000 and
shall apply to the $2,550,000,000 made available for assistance
for Israel in fiscal year 2009 under the heading ``Foreign
Military Financing Program''.
Sec. 166. Notwithstanding section 101, amounts are provided
for ``Department of Transportation--Federal Aviation
Administration--Operations'' at a rate for operations of
$8,756,800,000, of which not less than $1,099,402,000 shall be
available for aviation safety activities.
Sec. 167. Amounts provided by section 101 for ``Department
of Transportation--Maritime Administration--Operations and
Training'' shall include amounts necessary to satisfy the
salaries and benefits of employees of the United States
Merchant Marine Academy, to be derived solely from the total
amount made available in this joint resolution for the United
States Merchant Marine Academy. The Secretary of Transportation
shall inform the Committees on Appropriations of the House of
Representatives and the Senate of salaries and expenses funding
obligated for personnel that had heretofore not been
compensated from funds made available under this account.
Sec. 168. Notwithstanding any other provision of this joint
resolution, other than section 106, the Secretary of Housing
and Urban Development shall obligate funds provided by section
101 at a rate the Secretary determines is necessary to renew,
in a timely manner, all section 8 project-based rental
assistance contracts. In renewing such contracts, the Secretary
may provide for payments to be made beyond the period covered
by this joint resolution.
Sec. 169. Section 24(o) of the United States Housing Act of
1937 (42 U.S.C. 1437v(o)) shall be applied by substituting the
date specified in section 106(3) of this joint resolution for
``September 30, 2008''.
Sec. 170. Notwithstanding the limitation in the first
sentence of section 255(g) of the National Housing Act (12
U.S.C. 1715z-20(g)), the Secretary of Housing and Urban
Development may, until the date specified in section 106(3) of
this joint resolution, insure and enter into commitments to
insure mortgages under section 255 of such Act.
Sec. 171. During the period covered by this joint
resolution, commitments to guarantee loans insured under the
Mutual Mortgage Insurance Fund, as authorized by the National
Housing Act (12 U.S.C. 1701 et seq.), shall not exceed a loan
principal of $1,154,000,000 multiplied by the number of days in
such period.
Sec. 172. Notwithstanding any other provision of this joint
resolution, from funds made available for personnel
compensation and benefits or salaries and expenses under any
account in title II of division K of Public Law 110-161 (except
for ``Office of Inspector General'' and ``Office of Federal
Housing Enterprise Oversight--Salaries and Expenses''), up to
$15,000,000 may be transferred to ``Working Capital Fund'' for
information technology needs for the Federal Housing
Administration.
Sec. 173. Amounts provided by section 101 for ``National
Transportation Safety Board--Salaries and Expenses'' shall
include amounts necessary to make lease payments due in fiscal
year 2009 only, on an obligation incurred in 2001 under a
capital lease.
Sec. 174. The provisions of title II of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11311 et seq.) shall
continue in effect, notwithstanding section 209 of such Act,
through the earlier of (1) the date specified in section 106(3)
of this joint resolution; or (2) the date of enactment of an
authorization Act relating to the McKinney-Vento Homeless
Assistance Act.
This division may be cited as the ``Continuing
Appropriations Resolution, 2009''.
DIVISION B--DISASTER RELIEF AND RECOVERY SUPPLEMENTAL APPROPRIATIONS
ACT, 2008
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2008, and for other purposes, namely:
TITLE I--RELIEF AND RECOVERY FROM NATURAL DISASTERS
CHAPTER 1--AGRICULTURE AND RURAL DEVELOPMENT
DEPARTMENT OF AGRICULTURE
Office of Inspector General
For an additional amount for ``Office of Inspector General'',
$5,000,000, to remain available until expended, for oversight
of disaster- and emergency-related funding provided by this
chapter.
Agricultural Research Service
buildings and facilities
For an additional amount for ``Buildings and Facilities'',
$5,000,000, to remain available until expended, for the repair
and reconstruction of buildings damaged by natural disasters
occurring during 2008.
Animal and Plant Health Inspection Service
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$5,000,000, to remain available through September 30, 2010, for
pathogen surveillance and eradication to address confirmed or
suspected outbreaks.
Natural Resources Conservation Service
emergency watershed protection program
For an additional amount for the ``Emergency Watershed
Protection Program'', $100,000,000, to remain available until
expended, for disaster recovery operations.
Farm Service Agency
emergency conservation program
For an additional amount for ``Emergency Conservation
Program'', $115,000,000, to remain available until expended.
Rural Development Programs
rural development disaster assistance fund
For grants, and for the cost of direct and guaranteed loans,
for authorized activities of agencies of the Rural Development
Mission Area, $150,000,000, to remain available until expended,
which shall be allocated as follows: $59,000,000 for single and
multi-family housing activities; $40,000,000 for community
facilities activities; $26,000,000 for utilities activities;
and $25,000,000 for business activities: Provided, That such
funds shall be for areas affected by hurricanes, floods, and
other natural disasters occurring during 2008 for which the
President declared a major disaster under title IV of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
of 1974: Provided further, That the cost of such direct and
guaranteed loans, including the cost of modifying loans, shall
be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That the Secretary of Agriculture may
reallocate funds made available in this paragraph among the 4
specified activities, if the Secretary notifies the Committees
on Appropriations of the House of Representatives and the
Senate not less than 15 days prior to such reallocation.
In addition, for an additional amount for grants, and for the
cost of direct and guaranteed loans, for authorized activities
of the Rural Housing Service, $38,000,000, to remain available
until expended, for single and multi-family housing activities:
Provided, That such funds shall be for areas affected by
Hurricanes Katrina and Rita: Provided further, That the cost of
such direct and guaranteed loans, including the cost of
modifying loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974.
GENERAL PROVISIONS, THIS CHAPTER
(including transfers of funds)
Sec. 10101. (a) Rural Development Disaster Assistance Fund.--
Hereafter, there is established in the Treasury a fund entitled
the ``Rural Development Disaster Assistance Fund''.
(b) Purpose and Availability of Fund.--Subject to subsection
(d), amounts in the Rural Development Disaster Assistance Fund
shall be available to the Secretary of Agriculture, until
expended, to provide additional amounts for authorized
activities of agencies of the Rural Development Mission Area in
areas affected by a disaster declared by the President or the
Secretary of Agriculture. Amounts so provided shall be in
addition to any other amounts available to carry out the
activity.
(c) Waiver of Activity or Project Limitations.--The Secretary
of Agriculture may waive any limits on population, income, or
cost-sharing otherwise applicable to an activity or project for
which amounts in the Rural Development Disaster Assistance Fund
will be obligated under subsection (b), except that, if the
amounts proposed to be obligated in connection with the
disaster would exceed the amount specified in subsection (h),
the notification required by that subsection shall include
information and justification with regard to any waivers to be
granted under this subsection.
(d) Treatment of Certain Amounts in Fund.--Amounts
appropriated directly to the Rural Development Disaster
Assistance Fund by this Act or any subsequent Act for a
specific purpose shall be available only for that purpose until
such time as the transfer authority provided by subsection (f)
takes effect with regard to the amounts. Only subsection (c),
including the notification requirements of such subsection, and
subsections (g) and (i) apply to amounts described in this
subsection.
(e) Transfer of Prior Appropriations to Fund.--The Secretary
of Agriculture may transfer to the Rural Development Disaster
Assistance Fund, and merge with other amounts generally
appropriated to the Fund, the available unobligated balance of
any amounts that were appropriated before the date of the
enactment of this Act for programs and activities of the Rural
Development Mission Area to respond to a disaster and were
designated by the Congress as an emergency requirement if, in
advance of the transfer, the Secretary determines that the
unobligated amounts are no longer needed to respond to the
disaster for which the amounts were originally appropriated and
the Secretary provides a certification of this determination to
the Committees on Appropriations of the House of
Representatives and the Senate.
(f) Transfer of Other Appropriations to Fund.--Unless
otherwise specifically provided in an appropriations Act, the
Secretary of Agriculture may transfer to or within the Rural
Development Disaster Assistance Fund, and merge with other
amounts generally appropriated to the Fund, the available
unobligated balance of any amounts that are appropriated for
fiscal year 2009 or any subsequent fiscal year for programs and
activities of the Rural Development Mission Area to respond to
a disaster and are designated by the Congress as an emergency
requirement if, in advance of the transfer, the Secretary
determines that the unobligated amounts are no longer needed to
respond to the disaster for which the amounts were originally
appropriated and the Secretary provides a certification of this
determination to the Committees on Appropriations of the House
of Representatives and the Senate. A transfer of unobligated
amounts with respect to a disaster may not be made under this
subsection until after the end of the two-year period beginning
on the date on which the amounts were originally appropriated
for that disaster.
(g) Administrative Expenses.--In addition to any other funds
available to the Secretary of Agriculture to cover
administrative costs, the Secretary may use up to 3 percent of
the amounts allocated from the Rural Development Disaster
Assistance Fund for a specific disaster to cover administrative
costs of Rural Development's State and local offices in the
areas affected by the disaster to carry out disaster related
activities.
(h) Limitation on Per Disaster Obligations.--Amounts in the
Rural Development Disaster Assistance Fund, except for amounts
described in subsection (d) that are appropriated to the Fund
and obligated in accordance with that subsection, may not be
obligated in excess of $1,000,000 for a disaster until at least
15 days after the date on which the Secretary of Agriculture
notifies the Committees on Appropriations of the House of
Representatives and the Senate of the Secretary's determination
to obligate additional amounts and the reasons for the
determination. The Secretary may not obligate more than 50
percent of the funds contained in the Rural Development
Disaster Assistance Fund for any one disaster unless the
Secretary declares that there is a specific and extreme need
that additional funds must be provided in response to such
disaster at time of the obligation.
(i) Quarterly Reports.--The Secretary of Agriculture shall
submit, on a quarterly basis, to the Committees on
Appropriations of the House of Representatives and the Senate a
report describing the status of the Rural Development Disaster
Assistance Fund and any transactions that have affected the
Fund since the previous report.
Sec. 10102. Section 1601 (c)(2) of the Food, Conservation
and Energy Act of 2008 (Public Law 110-246) shall apply in
implementing section 12033 of such Act.
CHAPTER 2--COMMERCE AND SCIENCE
DEPARTMENT OF COMMERCE
Economic Development Administration
economic development assistance programs
Pursuant to section 703 of the Public Works and Economic
Development Act (42 U.S.C. 3233), for an additional amount for
``Economic Development Assistance Programs'', for necessary
expenses related to disaster relief, long-term recovery, and
restoration of infrastructure related to the consequences of
hurricanes, floods and other natural disasters occuring during
2008 for which the President declared a major disaster under
title IV of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, $400,000,000, to remain available
until expended.
National Oceanic and Atmospheric Administration
operations, research, and facilities
For an additional amount for ``Operations, Research, and
Facilities'', to improve hurricane track and intensity
forecasts for the protection of life and property, $11,000,000,
to remain available until September 30, 2009.
In addition, for an additional amount for ``Operations,
Research, and Facilities'', for fishery disaster assistance,
$75,000,000, to remain available until September 30, 2009:
Provided, That the National Marine Fisheries Service shall
cause such amounts to be distributed among eligible recipients
of assistance for fishery resource disasters and commercial
fishery failures as declared by the Secretary of Commerce under
sections 308(b) and 308(d) of the Interjurisdicitional
Fisheries Act (16 U.S.C. 4107) and sections 312(a) and 315 of
the Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1861a(a) and 1864).
procurement, acquisition, and construction
For an additional amount for ``Procurement, Acquisition, and
Construction'', to improve hurricane track and intensity
forecasts for the protection of life and property, $6,000,000,
to remain available until September 30, 2009.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
Exploration Capabilities
For an additional amount for ``Exploration Capabilities'',
for necessary expenses for restoration and mitigation of
National Aeronautics and Space Administration owned
infrastructure and facilities related to the consequences of
hurricanes, floods, and other natural disasters occuring during
2008 for which the President declared a major disaster under
title IV of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act of 1974, $30,000,000, to remain
available until expended with such sums as determined by the
Administrator of the National Aeronautics and Space
Administration as available to reimburse costs incurred and for
transfer to ``Science, Aeronautics and Exploration'' in
accordance with section 505 of division B of Public Law 110-
161.
CHAPTER 3--ENERGY AND WATER DEVELOPMENT
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
construction
For an additional amount for ``Construction'' for necessary
expenses related to the consequences of Hurricane Katrina and
other hurricanes, floods and other natural disasters,
$1,538,800,000, to remain available until expended: Provided,
That the Secretary of the Army is directed to use $38,800,000
of the funds appropriated under this heading to address
emergency situations at Corps of Engineers projects and
rehabilitate and repair damages to Corps projects caused by
recent natural disasters: Provided further, That the Secretary
is directed to use $1,500,000,000 of the funds appropriated
under this heading to fund the estimated amount of the non-
Federal cash contribution for projects in southeast Louisiana
that will be financed in accordance with the provisions of
section 103(k) of Public Law 99-662 over a period of 30 years
from the date of completion of the project or separable
element, with $700,000,000 used for the Lake Pontchartrain and
Vicinity project; $350,000,000 used for the West Bank and
Vicinity project and $450,000,000 used for elements of the
Southeast Louisiana Urban Drainage project that are within the
geographic perimeter of the West Bank and Vicinity and Lake
Pontchartrain and Vicinity projects: Provided further, That the
expenditure of funds as provided above may be made without
regard to individual amounts or purposes and any reallocation
of funds that is necessary to accomplish the established goals
is authorized subject to the approval of the Committees on
Appropriations of the House of Representatives and the Senate:
Provided further, That the Assistant Secretary of the Army for
Civil Works shall provide a monthly report to the Committees on
Appropriations detailing the allocation and obligation of these
funds, beginning not later than 60 days after enactment of this
Act.
mississippi river and tributaries
For an additional amount for ``Mississippi River and
Tributaries'' for recovery from natural disasters, $82,400,000,
to remain available until expended, to dredge eligible projects
in response to and repair damages to Federal projects caused by
recent natural disasters: Provided, That $35,000,000 shall be
used to reimburse projects where funding was transferred to the
Flood Control and Coastal Emergencies account under the
provisions of section 5 of the Act of August 18, 1941 (33
U.S.C. 701n): Provided further, That the Assistant Secretary of
the Army for Civil Works shall provide a monthly report to the
Committees on Appropriations of the House of Representatives
and the Senate detailing the allocation and obligation of these
funds, beginning not later than 60 days after enactment of this
Act.
operation and maintenance
For an additional amount for ``Operation and Maintenance'' to
dredge navigation channels and repair other Corps projects
related to natural disasters, $740,000,000, to remain available
until expended: Provided, That the Assistant Secretary of the
Army for Civil Works shall provide a monthly report to the
Committees on Appropriations of the House of Representatives
and the Senate detailing the allocation and obligation of these
funds, beginning not later than 60 days after enactment of this
Act.
flood control and coastal emergencies
For an additional amount for ``Flood Control and Coastal
Emergencies'', as authorized by section 5 of the Act of August
18, 1941 (33 U.S.C. 701n), for necessary expenses relating to
the consequences of recent hurricanes and other natural
disasters as authorized by law, $415,600,000, to remain
available until expended to support emergency operations,
repair eligible projects nationwide, and for other activities
in response to natural disasters: Provided, That the Assistant
Secretary of the Army for Civil Works shall provide a monthly
report to the Committees on Appropriations of the House of
Representatives and the Senate detailing the allocation and
obligation of these funds, beginning not later than 60 days
after enactment of this Act.
CHAPTER 4--FINANCIAL SERVICES AND GENERAL GOVERNMENT
INDEPENDENT AGENCIES
General Services Administration
real property activities
federal buildings fund
construction and acquisition
For an additional amount to be deposited in the Federal
Buildings Fund, $182,000,000, exclusive of permitted
escalation, is authorized and available for the Administrator
to proceed with necessary site acquisition, design, and
construction for the new courthouse project in Cedar Rapids,
Iowa: Provided, That the foregoing limits of costs on new
construction projects may be exceeded to the extent that
savings are effected in other such projects, but not to exceed
10 percent of the amounts provided unless advance approval is
obtained from the Committees on Appropriations of a greater
amount: Provided further, That all funds for direct
construction projects shall expire on September 30, 2009 and
remain in the Federal Buildings Fund except for funds for
projects to which funds for design or other funds have been
obligated in whole or in part prior to such date.
Small Business Administration
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$10,000,000, to remain available until September 30, 2009, for
grants under section 21 of the Small Business Act (15 U.S.C.
648) to small business development centers to provide technical
assistance to small business concerns affected by recent
hurricanes, flooding, and other natural disasters in calendar
year 2008: Provided, That the Administrator of the Small
Business Administration shall waive the matching requirement
under section 21(a)(4)(A) of such Act for any grant made using
funds made available under this heading.
office of inspector general
For an additional amount for ``Office of Inspector General''
for necessary expenses related to the consequences of recent
hurricanes and other natural disasters in calendar year 2008,
$3,000,000, to remain available until expended.
disaster loans program account
For an additional amount for the ``Disaster Loans Program
Account'' for the cost of direct loans authorized by section
7(b) of the Small Business Act, for necessary expenses related
to recent hurricanes and other natural disasters, $498,000,000,
to remain available until expended: Provided, That such costs,
including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974.
In addition, for administrative expenses to carry out the
direct loan program authorized by section 7(b) in response to
recent hurricanes and other natural disasters, including onsite
assistance to disaster victims, increased staff at call
centers, processing centers, and field inspections teams, and
attorneys to assist in loan closings, $288,000,000 to remain
available until expended; of which $279,000,000 is for direct
administrative expenses of loan making and servicing to carry
out the direct loan program, which may be paid to
appropriations for Salaries and Expenses; and of which
$9,000,000 is for indirect administrative expenses, which may
be paid to appropriations for Salaries and Expenses.
CHAPTER 5--HOMELAND SECURITY
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
acquisition, construction, and improvements
(including transfer of funds)
For an additional amount for ``Acquisition, Construction, and
Improvements'' for necessary expenses related to the
consequences of 2008 natural disasters and flooding,
$300,000,000, to remain available until expended: Provided,
That notwithstanding the transfer limitation contained in
section 503 of division E of Public Law 110-161, such funding
may be transferred to other Coast Guard appropriations after
notification as required in accordance with such section:
Provided further, That a plan listing all facilities to be
reconstructed and restored, with associated costs, shall be
submitted to the Committees on Appropriations of the Senate and
the House of Representatives.
Federal Emergency Management Agency
disaster relief
(including transfers of funds)
For an additional amount for ``Disaster Relief'',
$7,960,000,000, to remain available until expended: Provided,
That of the amount provided, up to $98,150,000 may be
transferred to the ``Disaster Assistance Direct Loan Program
Account'' for the cost of direct loans as authorized under
section 417 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5184), of which up to
$4,200,000 is for administrative expenses to carry out the
direct loan program: Provided further, That such transfer may
be made to subsidize gross obligations for the principal amount
of direct loans not to exceed $100,000,000 under section 417 of
such Act: Provided further, That the cost of modifying such
loans shall be as defined in section 502 of the Congressional
Budget Act of 1974 (2 U.S.C. 661a): Provided further, That of
the amount provided, up to $8,000,000 shall be transferred to
the ``Department of Homeland Security Office of Inspector
General'' for audits and investigations related to disasters.
GENERAL PROVISIONS, THIS CHAPTER
(including rescission of funds)
Sec. 10501. (a) Rescission.--Of amounts previously made
available from ``Federal Emergency Management Agency--Disaster
Relief'' to the State of Mississippi pursuant to section 404 of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act of 1974 (42 U.S.C. 5170c) for Hurricane Katrina, an
additional $20,000,000 is rescinded.
(b) Appropriation.--For ``Federal Emergency Management
Agency--State and Local Programs'', there is appropriated an
additional $20,000,000, to remain available until expended, for
a grant to the State of Mississippi for an interoperable
communications system required in the aftermath of Hurricane
Katrina.
Sec. 10502. There is hereby appropriated to the Secretary of
the Department of Homeland Security not to exceed $100,000,000,
to remain available until September 30, 2009, for payments to
the American Red Cross for reimbursement of disaster relief and
recovery expenditures and emergency services provided in the
United States associated with hurricanes, floods, and other
natural disasters occurring in 2008 for which the President
declared a major disaster under title IV of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act of 1974,
and only to the extent funds are not made available for those
activities by other Federal sources: Provided, That these funds
may be administered by any authorized federal government agency
to meet the purposes of this provision and that total
administrative costs shall not exceed 3 percent of the total
appropriation: Provided further, That the Comptroller General
shall audit the use of these funds by the American Red Cross.
Sec. 10503. Until such time as preliminary flood insurance
rate maps initiated prior to October 1, 2008 are completed and
released for public review, preliminary base flood elevations
are published in the Federal Register, and the second required
local newspaper publication of such base flood elevations is
made for the City of St. Louis, St. Charles and St. Louis
counties in Missouri, and Madison, Monroe, and St. Clair
counties in Illinois, the Administration shall not begin the
statutory appeals process in such areas required under section
1363 of the National Flood Insurance Act of 1968.
CHAPTER 6--INTERIOR AND ENVIRONMENT
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
wildland fire management
(including transfers of funds)
For an additional amount for ``Wildland Fire Management'',
$135,000,000, to remain available until expended, of which (1)
$110,000,000 is for urgent wildland fire suppression
activities, including repayments to other accounts from which
funds were transferred in fiscal year 2008 for wildfire
suppression so that all such transfers for fiscal year 2008 are
fully repaid; and (2) $25,000,000 is for burned area
rehabilitation.
United States Fish and Wildlife Service
construction
For an additional amount for ``Construction'', $75,000,000,
to remain available until expended, for necessary expenses
related to the consequences of hurricanes and natural
disasters.
DEPARTMENT OF AGRICULTURE
Forest Service
capital improvement and maintenance
(including transfers of funds)
For an additional amount for ``Capital Improvement and
Maintenance'', $30,000,000, to remain available until expended,
for necessary expenses, including cleanup, related to the
consequences of hurricanes, floods and other natural disasters.
wildland fire management
(including transfers of funds)
For an additional amount for ``Wildland Fire Management'',
$775,000,000, to remain available until expended, of which (1)
$500,000,000 shall be available for emergency wildfire
suppression and related activities, of which no less than
$300,000,000 shall be transferred to Forest Service accounts
within 15 days of enactment of this Act so that all such
transfers for wildfire suppression in fiscal year 2008 are
fully repaid, including $30,000,000 reallocated between
programs in the Wildland Fire Management Account; and of which
$100,000,000 shall be transferred within 15 days of enactment
of this Act to the fund established by section 3 of Public Law
71-319 (16 U.S.C. 576 et seq.) to repay transfers made for
previous emergency wildfire suppression activities; (2)
$175,000,000 shall be available for hazardous fuels reduction
and hazard mitigation activities in areas at high risk of
catastrophic wildfire due to population density and fuel loads,
of which $125,000,000 is available for work on State and
private lands using all the authorities available to the Forest
Service; (3) $75,000,000 is for rehabilitation and restoration
of Federal lands and may be transferred to other Forest Service
accounts as necessary; and (4) $25,000,000 is for preparedness
for retention initiatives in areas at high risk of catastrophic
wildfire that face recurrent staffing shortages.
CHAPTER 7--HEALTH AND HUMAN SERVICES AND EDUCATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
social services block grant
For an additional amount for ``Social Services Block Grant'',
$600,000,000, which shall remain available through September
30, 2009, for necessary expenses resulting from hurricanes,
floods, and other natural disasters occurring during 2008 for
which the President declared a major disaster under title IV of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act of 1974, and from Hurricanes Katrina and Rita,
notwithstanding section 2003 and paragraphs (1) and (4) of
section 2005(a) of the Social Security Act: Provided, That
notwithstanding section 2002 of the Social Security Act, the
distribution of such amount shall be limited to States directly
affected by these events: Provided further, That the Secretary
of Health and Human Services shall distribute such amount to
eligible States based on demonstrated need in accordance with
objective criteria that are made available to the public:
Provided further, That in addition to other uses permitted by
title XX of the Social Security Act, funds appropriated under
this heading may be used for health services (including mental
health services), and for repair, renovation, and construction
of health care facilities (including mental health facilities),
child care centers, and other social services facilities.
DEPARTMENT OF EDUCATION
School Improvement Programs
For an additional amount for ``School Improvement Programs''
for education for homeless children and youths (as defined in
section 725 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11434a)), $15,000,000, to remain available through
September 30, 2009: Provided, That such funds shall be made
available, based on demonstrated need, only to local
educational agencies whose enrollment of homeless students has
increased as a result of hurricanes, floods, and other natural
disasters occurring during 2008 for which the President
declared a major disaster under title IV of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act of 1974:
Provided further, That such funds shall be used for the
activities described in section 723(d) of such Act (42 U.S.C.
11433(d)) and services provided using such funds shall comply
with paragraphs (2) and (3) of section 723(a) of such Act (42
U.S.C. 11433(a)): Provided further, That the local educational
agency requirements described in paragraphs (3) through (7) of
section 722(g) of such Act (42 U.S.C. 11432(g)) shall apply:
Provided further, That the Secretary of Education shall
distribute these funds to such local educational agencies not
later than 120 days after the date of the enactment of this
Act.
Higher Education Disaster Relief
For an additional amount under part B of title VII of the
Higher Education Act of 1965 (``HEA'') for institutions of
higher education (as defined in section 101 or section 102(c)
of that Act) that are located in an area affected by
hurricanes, floods, and other natural disasters occurring
during 2008 for which the President declared a major disaster
under title IV of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act of 1974, $15,000,000, to remain
available through September 30, 2009: Provided, That such funds
shall be available to the Secretary of Education only for
payments to help defray the expenses (which may include lost
revenue, reimbursement for expenses already incurred, and
construction) incurred by such institutions of higher education
that were forced to close, relocate, or whose operations were
impaired as a result of damage directly caused by such
hurricanes, floods, and other natural disasters occurring
during 2008, and for payments to enable such institutions to
provide grants to students who attend such institutions for
academic years beginning on or after July 1, 2008: Provided
further, That such payments shall be made in accordance with
criteria established by the Secretary and made publicly
available without regard to section 437 of the General
Education Provisions Act, section 553 of title 5, United States
Code, or part B of title VII of the HEA: Provided further, That
the Secretary shall award funds available under this paragraph
not later than 60 days after the date of the enactment of this
Act.
GENERAL PROVISIONS, THIS CHAPTER
Sec. 10701. (a) Extension of Waiver Authority.--Section 105
of subtitle A of title IV of division B of Public Law 109-148
(119 Stat. 2797) is amended--
(1) in subsection (b)--
(A) in the first sentence, by striking ``for
fiscal year 2007.'' and inserting ``for any of
fiscal years 2007 through 2009.''; and
(B) by striking the second sentence; and
(2) in subsection (c)(2), by striking ``for fiscal
year 2006 or 2007'' and inserting ``for any fiscal
year''.
(b) Application of Waiver Authority to Areas Affected in
2008.--The authority of the Secretary of Education under
section 105 of subtitle A of title IV of division B of Public
Law 109-148 (119 Stat. 2797), as amended by subsection (a), may
be exercised with respect to an entity in an area affected by
hurricanes, floods, and other natural disasters occurring
during 2008 for which the President declared a major disaster
under title IV of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act of 1974.
Sec. 10702. (a) Allocation and Use of Campus-Based Higher
Education Assistance.--
(1) Waiver of matching requirements.--Notwithstanding
sections 413C(a)(2) and 443(b)(5) of the Higher
Education Act of 1965 (20 U.S.C. 1070b-2(a)(2); 42
U.S.C. 2753(b)(5)), with respect to funds made
available for academic year 2009-2010 to an institution
of higher education located in an area affected by a
2008 natural disaster, the Secretary shall waive the
requirement that a participating institution of higher
education provide a non-Federal share or a capital
contribution, as the case may be, to match Federal
funds provided to the institution for the programs
authorized pursuant to subpart 3 of part A and part C
of title IV of such Act.
(2) Waiver of reallocation rules.--
(A) Authority to reallocate.--Notwithstanding
sections 413D(d) and 442(d) of the Higher
Education Act of 1965 (20 U.S.C. 1070b-3(d); 42
U.S.C. 2752(d)), the Secretary shall--
(i) reallocate any funds returned
under any of those sections that were
allocated to institutions of higher
education for award year 2008-2009 to
an institution of higher education that
is eligible under this paragraph; and
(ii) waive the allocation reduction
for award year 2009-2010 for an
institution returning more than 10
percent of its allocation under any of
those sections.
(B) Eligible institutions for reallocation.--
An institution of higher education may receive
a reallocation of excess allocations under this
paragraph if the institution--
(i) participates in the program for
which excess allocations are being
reallocated; and
(ii) is located in an area affected
by a 2008 natural disaster.
(C) Basis of reallocation.--The Secretary
shall determine the manner in which excess
allocations shall be reallocated to
institutions under subparagraph (A), and shall
give additional consideration to the needs of
institutions located in an area affected by a
2008 natural disaster.
(D) Additional waiver authority.--
Notwithstanding any other provision of law, in
order to carry out this paragraph, the
Secretary may waive or modify any statutory or
regulatory provision relating to the
reallocation of excess allocations under
subpart 3 of part A or part C of title IV of
the Higher Education Act of 1965 in order to
ensure that assistance is received by
institutions described in subsection (a)(2)(B).
(b) Definitions.--In this section:
(1) 2008 natural disaster.--The term ``2008 natural
disaster'' means a major disaster that the President
declared to exist, in accordance with section 401 of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170) that was caused by
hurricanes, floods, and other natural disasters during
calendar year 2008.
(2) Area affected by a 2008 natural disaster.--The
term ``area affected by a 2008 natural disaster'' means
a county or parish that has been designated by the
Federal Emergency Management Agency for disaster
assistance for individuals and households as a result
of a 2008 natural disaster.
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning
given that term in section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002).
(4) Secretary.--The term ``Secretary'' means the
Secretary of Education.
CHAPTER 8--MILITARY CONSTRUCTION
DEPARTMENT OF DEFENSE
Military Construction, Army National Guard
For an additional amount for ``Military Construction, Army
National Guard'', $25,000,000, to remain available until
September 30, 2013, for construction due to damages as a result
of natural disasters: Provided, That notwithstanding any other
provision of law, such funds may be obligated and expended to
carry out planning and design and military contruction projects
not otherwise authorized by law: Provided further, That within
30 days of enactment of this Act, the Army National Guard shall
submit to the Committees on Appropriations of both Houses of
Congress an expenditure plan for funds provided under this
heading.
CHAPTER 9--DEPARTMENT OF STATE AND FOREIGN OPERATIONS
International Commissions
international boundary and water commission, united states and mexico
construction
For an additional amount for ``Construction'', for the water
quantity program to meet immediate and emergency repair and
rehabilitation requirements, $37,500,000, to remain available
until expended: Provided, That up to $3,000,000 may be
transferred to, and merged with, funds available under the
heading ``International Boundary and Water Commission--Salaries
and Expenses'': Provided further, That not later than 60 days
after enactment of this Act, the Commission shall submit to the
Committees on Appropriations of the House of Representatives
and the Senate a detailed spending plan for funds appropriated
under this heading.
CHAPTER 10--TRANSPORTATION AND HOUSING AND URBAN DEVELOPMENT
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
federal-aid highways
emergency relief program
For an additional amount for the Emergency Relief Program as
authorized under section 125 of title 23, United States Code,
$850,000,000, to remain available until expended: Provided,
That notwithstanding section 125(d)(1) of such title, the
Secretary of Transportation may obligate more than $100,000,000
for eligible expenses in a State in a fiscal year to respond to
damage caused by Hurricanes Gustav and Ike.
Federal Railroad Administration
railroad rehabilitation and repair
For necessary expenses for the Secretary of Transportation to
make grants to repair and rehabilitate Class II and Class III
railroad infrastructure damaged by hurricanes, floods, and
other natural disasters in areas for which the President
declared a major disaster under title IV of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act of 1974,
$20,000,000, to remain available until expended, and to be
awarded to States on a competitive case-by-case basis based on
need: Provided, That funds available under this heading shall
be available for repair and rehabilitation of railroad rights-
of-way, bridges, signals, and other infrastructure which is
part of the general railroad system of transportation and
primarily used by railroads to move freight traffic: Provided
further, That the maximum Federal share for carrying out a
project under this heading shall be 80 percent of the project
cost with the non-Federal share provided only in cash,
equipment or supplies: Provided further, That the Secretary may
retain up to one-half of 1 percent of the funds under this
heading to fund the oversight by the Administrator of the
Federal Railroad Administration of the design and
implementation of projects funded by grants made under this
heading: Provided further, That the provisions of section 24312
of title 49, United States Code, shall apply to grantees
assisted under this heading: Provided further, That grantees
must exhaust all other Federal and State resources prior to
seeking assistance under this heading.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Public and Indian Housing
tenant-based rental assistance
For an additional amount for ``Tenant-Based Rental
Assistance'', as authorized under the United States Housing Act
of 1937 (42 U.S.C. 1437 et seq.), not otherwise provided for,
$85,000,000, to remain available until expended, for
incremental housing assistance, including related
administrative expenses, for persons assisted under the
Disaster Housing Assistance Program whose assistance would
otherwise end on March 1, 2009.
project-based rental assistance
For an additional amount to areas impacted by Hurricanes
Katrina and Rita for project-based vouchers under section
8(o)(13) of the United States Housing Act of 1937 (42 U.S.C.
1437f(o)(13)), $50,000,000, to remain available until expended.
public housing capital fund
For an additional amount to be made available to the
Secretary of Housing and Urban Development, $15,000,000,
notwithstanding any other provision of law, to be used solely
for the redevelopment of public housing impacted by Hurricanes
Katrina and Rita.
Community Planning and Development
community development fund
For an additional amount for the ``Community Development
Fund'', for necessary expenses related to disaster relief,
long-term recovery, and restoration of infrastructure, housing,
and economic revitalization in areas affected by hurricanes,
floods, and other natural disasters occuring during 2008 for
which the President declared a major disaster under title IV of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act of 1974, $6,500,000,000, to remain available until
expended, for activities authorized under title I of the
Housing and Community Development Act of 1974 (Public Law 93-
383): Provided, That funds provided under this heading shall be
administered through an entity or entities designated by the
Governor of each State: Provided further, That such funds may
not be used for activities reimbursable by, or for which funds
are made available by, the Federal Emergency Management Agency
or the Army Corps of Engineers: Provided further, That funds
allocated under this heading shall not adversely affect the
amount of any formula assistance received by a State under the
Community Development Fund: Provided further, That each State
may use up to 5 percent of its allocation for administrative
costs: Provided further, That $6,500,000 shall be available for
use by the Assistant Secretary of Community Planning and
Development for the administrative costs, including information
technology costs, with respect to amounts made available under
this section and under section 2301(a) of the Housing and
Economic Recovery Act of 2008. Provided further, That not less
than $650,000,000 from funds made available on a pro-rata basis
according to the allocation made to each State under this
heading shall be used for repair, rehabilitation, and
reconstruction (including demolition, site clearance and
remediation) of the affordable rental housing stock (including
public and other HUD-assisted housing) in the impacted areas
where there is a demonstrated need as determined by the
Secretary: Provided further, That in administering the funds
under this heading, the Secretary of Housing and Urban
Development may waive, or specify alternative requirements for,
any provision of any statute or regulation that the Secretary
administers in connection with the obligation by the Secretary
or the use by the recipient of these funds or guarantees
(except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment), upon
a request by a State explaining why such waiver is required to
facilitate the use of such funds or guarantees, if the
Secretary finds that such waiver would not be inconsistent with
the overall purpose of title I of the Housing and Community
Development Act of 1974: Provided further, That a waiver
granted by the Secretary under the preceding proviso may not
reduce the percentage of funds which must be used for
activities that benefit persons of low and moderate income to
less than 50 percent, unless the Secretary specifically finds
that there is compelling need to further reduce or eliminate
the percentage requirement: Provided further, That the
Secretary shall publish in the Federal Register any waiver of
any statute or regulation that the Secretary administers
pursuant to title I of the Housing and Community Development
Act of 1974 no later than 5 days before the effective date of
such waiver: Provided further, That every waiver made by the
Secretary must be reconsidered according to the three previous
provisos on the 2-year anniversary of the day the Secretary
published the waiver in the Federal Register: Provided further,
That the Secretary shall allocate to the states not less than
33 percent of the funding provided under this heading within 60
days after the enactment of this Act based on the best
estimates available of relative damage and anticipated
assistance from other Federal sources: Provided further, That
prior to the obligation of funds each State shall submit a plan
to the Secretary detailing the proposed use of all funds,
including criteria for eligibility and how the use of these
funds will address long-term recovery and restoration of
infrastructure: Provided further, That each State will report
quarterly to the Committees on Appropriations on all awards and
uses of funds made available under this heading, including
specifically identifying all awards of sole-source contracts
and the rationale for making the award on a sole-source basis:
Provided further, That the Secretary shall notify the
Committees on Appropriations of any proposed allocation of any
funds and any related waivers made pursuant to the provisions
under this heading no later than 5 days before such allocation
or waiver is made: Provided further, That the Secretary shall
establish procedures to prevent recipients from receiving any
duplication of benefits and report quarterly to the Committees
on Appropriations with regard to all steps taken to prevent
fraud and abuse of funds made available under this heading
including duplication of benefits: Provided further, That none
of the funds provided under this heading may be used by a State
or locality as a matching requirement, share, or contribution
for any other Federal program.
GENERAL PROVISIONS, THIS CHAPTER
Sec. 11001. Section 7025 of Public Law 109-234 is amended by
inserting ``and nine months'' after ``two years''.
Sec. 11002. The Secretary of Housing and Urban Development
(``Secretary'') is authorized to transfer, at the request of
the project owner, any project-based assistance contract in its
entirety entered into pursuant to section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f) (and any use
restriction on the project) from one project to another
project. The Secretary shall make a determination of approval
or disapproval within 60 days of receipt of the proper
documentation required for such transfer, as determined by the
Secretary, if--
(1) the project from which the contract is
transferred is destroyed, damaged by Hurricanes Katrina
or Rita, or is considered beyond repair, physically
obsolete, or economically infeasible; and
(2) the number of individuals that can be served in
the project to which the contract is transferred is
approximately at least equal to the number of
individuals that could be served in the project from
which the contract is transferred, and any difference
in the unit count and bedroom configuration between the
two projects shall be immaterial to the Secretary's
authority to transfer the contract.
Sec. 11003. Section 901 of Public Law 109-148 is amended by
deleting ``calendar years 2006 and 2007'' and inserting
``calendar years 2006, 2007, 2008, and 2009''.
TITLE II--OTHER SUPPLEMENTAL APPROPRIATIONS
CHAPTER 1--STATE AND FOREIGN OPERATIONS
DEPARTMENT OF STATE
Office of Inspector General
(including transfer of funds)
For an additional amount for ``Office of Inspector General'',
$9,000,000, which shall be transferred to the Special Inspector
General for Afghanistan Reconstruction for reconstruction
oversight, to remain available until September 30, 2010.
BILATERAL ECONOMIC ASSISTANCE
Other Bilateral Economic Assistance
economic support fund
(including transfer of funds)
For an additional amount for ``Economic Support Fund'',
$465,000,000, to remain available until September 30, 2010, of
which up to $5,000,000 may be made available for administrative
expenses of the United States Agency for International
Development, in addition to amounts otherwise made available
for such purposes: Provided, That of the funds appropriated
under this heading, $365,000,000 shall be made available for
assistance for Georgia and the region for humanitarian and
economic relief, reconstruction, energy-related programs and
democracy activities, and may be transferred to, and merged
with, funds appropriated under the headings ``Assistance for
the Independent States of the Former Soviet Union'' and
``International Disaster Assistance'', of which up to
$8,000,000 may be transferred to, and merged with, funds made
available for ``International Broadcasting Operations'' for
broadcasting activities to Georgia, Russia and the region:
Provided further, That none of the funds made available in
prior Acts making appropriations for foreign operations, export
financing, and related programs under the headings ``Assistance
for the Independent States of the Former Soviet Union'' and
``Assistance for Eastern Europe and the Baltic States'', or
funds appropriated for Iraq for the Community Stabilization
Program under the heading ``Economic Support Fund'' in Public
Law 110-252, may be reprogrammed for assistance for Georgia:
Provided further, That of the funds appropriated under this
heading, not less than $100,000,000 shall be made available for
hurricane relief and reconstruction assistance for Haiti and
other Caribbean countries: Provided further, That funds
appropriated under this heading shall be subject to prior
consultation with, and the regular notification procedures of,
the Committees on Appropriations.
CHAPTER 2--AGRICULTURE
BILL EMERSON HUMANITARIAN TRUST
Sec. 20201. There is hereby appropriated to the Secretary of
Agriculture $100,000,000, to remain available until expended,
to carry out the Bill Emerson Humanitarian Trust, as authorized
by the Bill Emerson Humanitarian Trust Act (7 U.S.C. 1736f-1).
TITLE III--GENERAL PROVISIONS
SHORT TITLE
Sec. 30001. This division may be cited as the ``Disaster
Relief and Recovery Supplemental Appropriations Act, 2008''.
EMERGENCY DESIGNATION
Sec. 30002. Each amount in this Act is designated as an
emergency requirement and necessary to meet emergency needs
pursuant to section 204(a) of S. Con. Res. 21 (110th Congress)
and section 301(b)(2) of S. Con. Res. 70 (110th Congress), the
concurrent resolutions on the budget for fiscal years 2008 and
2009.
COORDINATION OF PROVISIONS
Sec. 30003. Unless otherwise expressly provided, each amount
in this Act is a supplemental appropriation for fiscal year
2008 or, if enacted after September 30, 2008, for fiscal year
2009.
DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2009
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2009, for military functions administered
by the Department of Defense and for other purposes, namely:
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Army on active
duty, (except members of reserve components provided for
elsewhere), cadets, and aviation cadets; for members of the
Reserve Officers' Training Corps; and for payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402
note), and to the Department of Defense Military Retirement
Fund, $36,382,736,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Navy on active duty
(except members of the Reserve provided for elsewhere),
midshipmen, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section
156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and
to the Department of Defense Military Retirement Fund,
$24,037,553,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Marine Corps on
active duty (except members of the Reserve provided for
elsewhere); and for payments pursuant to section 156 of Public
Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund,
$11,792,974,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Air Force on active
duty (except members of reserve components provided for
elsewhere), cadets, and aviation cadets; for members of the
Reserve Officers' Training Corps; and for payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402
note), and to the Department of Defense Military Retirement
Fund, $25,103,789,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army Reserve
on active duty under sections 10211, 10302, and 3038 of title
10, United States Code, or while serving on active duty under
section 12301(d) of title 10, United States Code, in connection
with performing duty specified in section 12310(a) of title 10,
United States Code, or while undergoing reserve training, or
while performing drills or equivalent duty or other duty, and
expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military
Retirement Fund, $3,904,296,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Navy Reserve
on active duty under section 10211 of title 10, United States
Code, or while serving on active duty under section 12301(d) of
title 10, United States Code, in connection with performing
duty specified in section 12310(a) of title 10, United States
Code, or while undergoing reserve training, or while performing
drills or equivalent duty, and expenses authorized by section
16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $1,855,968,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Marine Corps
Reserve on active duty under section 10211 of title 10, United
States Code, or while serving on active duty under section
12301(d) of title 10, United States Code, in connection with
performing duty specified in section 12310(a) of title 10,
United States Code, or while undergoing reserve training, or
while performing drills or equivalent duty, and for members of
the Marine Corps platoon leaders class, and expenses authorized
by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$584,910,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air Force
Reserve on active duty under sections 10211, 10305, and 8038 of
title 10, United States Code, or while serving on active duty
under section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title
10, United States Code; and for payments to the Department of
Defense Military Retirement Fund, $1,423,676,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army National
Guard while on duty under section 10211, 10302, or 12402 of
title 10 or section 708 of title 32, United States Code, or
while serving on duty under section 12301(d) of title 10 or
section 502(f) of title 32, United States Code, in connection
with performing duty specified in section 12310(a) of title 10,
United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and
expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military
Retirement Fund, $6,616,220,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air National
Guard on duty under section 10211, 10305, or 12402 of title 10
or section 708 of title 32, United States Code, or while
serving on duty under section 12301(d) of title 10 or section
502(f) of title 32, United States Code, in connection with
performing duty specified in section 12310(a) of title 10,
United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and
expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military
Retirement Fund, $2,741,768,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
(INCLUDING TRANSFER OF FUNDS)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law;
and not to exceed $11,478,000 can be used for emergencies and
extraordinary expenses, to be expended on the approval or
authority of the Secretary of the Army, and payments may be
made on his certificate of necessity for confidential military
purposes, $31,207,243,000: Provided, That of the funds made
available under this heading, $2,500,000 shall be available for
Fort Baker, in accordance with terms and conditions as provided
under the heading ``Operation and Maintenance, Army'', in
Public Law 107-117.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps, as
authorized by law; and not to exceed $14,657,000 can be used
for emergencies and extraordinary expenses, to be expended on
the approval or authority of the Secretary of the Navy, and
payments may be made on his certificate of necessity for
confidential military purposes, $34,410,773,000.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized by
law, $5,519,232,000.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by
law; and not to exceed $7,699,000 can be used for emergencies
and extraordinary expenses, to be expended on the approval or
authority of the Secretary of the Air Force, and payments may
be made on his certificate of necessity for confidential
military purposes, $34,865,964,000.
Operation and Maintenance, Defense-Wide
(INCLUDING TRANSFER OF FUNDS)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the
Department of Defense (other than the military departments), as
authorized by law, $25,939,466,000: Provided, That not more
than $50,000,000 may be used for the Combatant Commander
Initiative Fund authorized under section 166a of title 10,
United States Code: Provided further, That not to exceed
$36,000,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the
Secretary of Defense, and payments may be made on his
certificate of necessity for confidential military purposes:
Provided further, That of the funds provided under this
heading, not less than $29,900,000 shall be made available for
the Procurement Technical Assistance Cooperative Agreement
Program, of which not less than $3,600,000 shall be available
for centers defined in 10 U.S.C. 2411(1)(D): Provided further,
That none of the funds appropriated or otherwise made available
by this Act may be used to plan or implement the consolidation
of a budget or appropriations liaison office of the Office of
the Secretary of Defense, the office of the Secretary of a
military department, or the service headquarters of one of the
Armed Forces into a legislative affairs or legislative liaison
office: Provided further, That, notwithstanding section 130(a)
of title 10, United States Code, not less than $46,970,000
shall be available for the Office of the Undersecretary of
Defense, Comptroller and Chief Financial Officer: Provided
further, That $4,000,000, to remain available until expended,
is available only for expenses relating to certain classified
activities, and may be transferred as necessary by the
Secretary to operation and maintenance appropriations or
research, development, test and evaluation appropriations, to
be merged with and to be available for the same time period as
the appropriations to which transferred: Provided further, That
any ceiling on the investment item unit cost of items that may
be purchased with operation and maintenance funds shall not
apply to the funds described in the preceding proviso: Provided
further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided
elsewhere in this Act.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Army Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of
services, supplies, and equipment; and communications,
$2,628,896,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Navy Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of
services, supplies, and equipment; and communications,
$1,308,141,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Marine Corps Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting;
procurement of services, supplies, and equipment; and
communications, $212,487,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Air Force Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting;
procurement of services, supplies, and equipment; and
communications, $3,018,151,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the
Army National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance,
operation, and repairs to structures and facilities; hire of
passenger motor vehicles; personnel services in the National
Guard Bureau; travel expenses (other than mileage), as
authorized by law for Army personnel on active duty, for Army
National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National
Guard Bureau; supplying and equipping the Army National Guard
as authorized by law; and expenses of repair, modification,
maintenance, and issue of supplies and equipment (including
aircraft), $5,858,303,000.
Operation and Maintenance, Air National Guard
For expenses of training, organizing, and administering the
Air National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance,
operation, and repairs to structures and facilities;
transportation of things, hire of passenger motor vehicles;
supplying and equipping the Air National Guard, as authorized
by law; expenses for repair, modification, maintenance, and
issue of supplies and equipment, including those furnished from
stocks under the control of agencies of the Department of
Defense; travel expenses (other than mileage) on the same basis
as authorized by law for Air National Guard personnel on active
Federal duty, for Air National Guard commanders while
inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National
Guard Bureau, $5,901,044,000.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States
Court of Appeals for the Armed Forces, $13,254,000, of which
not to exceed $5,000 may be used for official representation
purposes.
Environmental Restoration, Army
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Army, $457,776,000, to remain
available until transferred: Provided, That the Secretary of
the Army shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of the
Department of the Army, or for similar purposes, transfer the
funds made available by this appropriation to other
appropriations made available to the Department of the Army, to
be merged with and to be available for the same purposes and
for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided
further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided
elsewhere in this Act.
Environmental Restoration, Navy
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Navy, $290,819,000, to remain
available until transferred: Provided, That the Secretary of
the Navy shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of the
Department of the Navy, or for similar purposes, transfer the
funds made available by this appropriation to other
appropriations made available to the Department of the Navy, to
be merged with and to be available for the same purposes and
for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided
further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided
elsewhere in this Act.
Environmental Restoration, Air Force
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Air Force, $496,277,000, to remain
available until transferred: Provided, That the Secretary of
the Air Force shall, upon determining that such funds are
required for environmental restoration, reduction and recycling
of hazardous waste, removal of unsafe buildings and debris of
the Department of the Air Force, or for similar purposes,
transfer the funds made available by this appropriation to
other appropriations made available to the Department of the
Air Force, to be merged with and to be available for the same
purposes and for the same time period as the appropriations to
which transferred: Provided further, That upon a determination
that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority provided elsewhere in this Act.
Environmental Restoration, Defense-Wide
(INCLUDING TRANSFER OF FUNDS)
For the Department of Defense, $13,175,000, to remain
available until transferred: Provided, That the Secretary of
Defense shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of the
Department of Defense, or for similar purposes, transfer the
funds made available by this appropriation to other
appropriations made available to the Department of Defense, to
be merged with and to be available for the same purposes and
for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided
further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided
elsewhere in this Act.
Environmental Restoration, Formerly Used Defense Sites
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Army, $291,296,000, to remain
available until transferred: Provided, That the Secretary of
the Army shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris at
sites formerly used by the Department of Defense, transfer the
funds made available by this appropriation to other
appropriations made available to the Department of the Army, to
be merged with and to be available for the same purposes and
for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided
further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided
elsewhere in this Act.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian, Disaster,
and Civic Aid programs of the Department of Defense (consisting
of the programs provided under sections 401, 402, 404, 407,
2557, and 2561 of title 10, United States Code), $83,273,000,
to remain available until September 30, 2010.
Cooperative Threat Reduction Account
For assistance to the republics of the former Soviet Union,
including assistance provided by contract or by grants, for
facilitating the elimination and the safe and secure
transportation and storage of nuclear, chemical and other
weapons; for establishing programs to prevent the proliferation
of weapons, weapons components, and weapon-related technology
and expertise; for programs relating to the training and
support of defense and military personnel for demilitarization
and protection of weapons, weapons components and weapons
technology and expertise, and for defense and military
contacts, $434,135,000, to remain available until September 30,
2011: Provided, That of the amounts provided under this
heading, $12,000,000 shall be available only to support the
dismantling and disposal of nuclear submarines, submarine
reactor components, and security enhancements for transport and
storage of nuclear warheads in the Russian Far East.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance,
ground handling equipment, spare parts, and accessories
therefor; specialized equipment and training devices; expansion
of public and private plants, including the land necessary
therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes, $4,900,835,000, to remain
available for obligation until September 30, 2011.
Missile Procurement, Army
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance,
ground handling equipment, spare parts, and accessories
therefor; specialized equipment and training devices; expansion
of public and private plants, including the land necessary
therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes, $2,185,060,000, to remain
available for obligation until September 30, 2011.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification
of weapons and tracked combat vehicles, equipment, including
ordnance, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private
plants, including the land necessary therefor, for the
foregoing purposes, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the
foregoing purposes, $3,169,128,000, to remain available for
obligation until September 30, 2011.
Procurement of Ammunition, Army
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment
and training devices; expansion of public and private plants,
including ammunition facilities, authorized by section 2854 of
title 10, United States Code, and the land necessary therefor,
for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the
foregoing purposes, $2,287,398,000, to remain available for
obligation until September 30, 2011.
Other Procurement, Army
For construction, procurement, production, and modification
of vehicles, including tactical, support, and non-tracked
combat vehicles; the purchase of passenger motor vehicles for
replacement only; and the purchase of 3 vehicles required for
physical security of personnel, notwithstanding price
limitations applicable to passenger vehicles but not to exceed
$262,000 per vehicle; communications and electronic equipment;
other support equipment; spare parts, ordnance, and accessories
therefor; specialized equipment and training devices; expansion
of public and private plants, including the land necessary
therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes, $10,684,014,000, to
remain available for obligation until September 30, 2011.
Aircraft Procurement, Navy
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare
parts, and accessories therefor; specialized equipment;
expansion of public and private plants, including the land
necessary therefor, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway, $14,141,318,000, to remain available for
obligation until September 30, 2011.
Weapons Procurement, Navy
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and
related support equipment including spare parts, and
accessories therefor; expansion of public and private plants,
including the land necessary therefor, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway, $3,292,972,000, to remain
available for obligation until September 30, 2011.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment
and training devices; expansion of public and private plants,
including ammunition facilities, authorized by section 2854 of
title 10, United States Code, and the land necessary therefor,
for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the
foregoing purposes, $1,085,158,000, to remain available for
obligation until September 30, 2011.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and
armament thereof, plant equipment, appliances, and machine
tools and installation thereof in public and private plants;
reserve plant and Government and contractor-owned equipment
layaway; procurement of critical, long leadtime components and
designs for vessels to be constructed or converted in the
future; and expansion of public and private plants, including
land necessary therefor, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title, as follows:
Carrier Replacement Program, $2,692,607,000;
Carrier Replacement Program (AP), $1,214,188,000;
NSSN, $2,107,040,000;
NSSN (AP), $1,395,548,000;
CVN Refueling, $593,534,000;
CVN Refuelings (AP), $21,389,000;
SSBN Submarine Refuelings, $221,823,000;
SSBN Submarine Refuelings (AP), $39,363,000;
DDG-1000 Program, $1,508,803,000;
DDG-51 Destroyer (AP), $200,000,000;
Littoral Combat Ship, $1,020,000,000;
LPD-17, $933,216,000;
LHA-R (AP), $178,300,000;
Intratheater Connector, $174,782,000;
LCAC Service Life Extension Program, $110,918,000;
Prior year shipbuilding costs, $165,152,000;
Service Craft, $48,117,000; and
For outfitting, post delivery, conversions, and first
destination transportation, $429,587,000.
In all: $13,054,367,000, to remain available for obligation
until September 30, 2013: Provided, That additional obligations
may be incurred after September 30, 2013, for engineering
services, tests, evaluations, and other such budgeted work that
must be performed in the final stage of ship construction:
Provided further, That none of the funds provided under this
heading for the construction or conversion of any naval vessel
to be constructed in shipyards in the United States shall be
expended in foreign facilities for the construction of major
components of such vessel: Provided further, That none of the
funds provided under this heading shall be used for the
construction of any naval vessel in foreign shipyards.
Other Procurement, Navy
For procurement, production, and modernization of support
equipment and materials not otherwise provided for, Navy
ordnance (except ordnance for new aircraft, new ships, and
ships authorized for conversion); the purchase of passenger
motor vehicles for replacement only, and the purchase of seven
vehicles required for physical security of personnel,
notwithstanding price limitations applicable to passenger
vehicles but not to exceed $262,000 per vehicle; expansion of
public and private plants, including the land necessary
therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval
of title; and procurement and installation of equipment,
appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment
layaway, $5,250,627,000, to remain available for obligation
until September 30, 2011.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare
parts, and accessories therefor; plant equipment, appliances,
and machine tools, and installation thereof in public and
private plants; reserve plant and Government and contractor-
owned equipment layaway; vehicles for the Marine Corps,
including the purchase of passenger motor vehicles for
replacement only; and expansion of public and private plants,
including land necessary therefor, and such lands and interests
therein, may be acquired, and construction prosecuted thereon
prior to approval of title, $1,376,917,000, to remain available
for obligation until September 30, 2011.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft
and equipment, including armor and armament, specialized ground
handling equipment, and training devices, spare parts, and
accessories therefor; specialized equipment; expansion of
public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes including
rents and transportation of things, $13,112,617,000, to remain
available for obligation until September 30, 2011.
Missile Procurement, Air Force
For construction, procurement, and modification of missiles,
spacecraft, rockets, and related equipment, including spare
parts and accessories therefor, ground handling equipment, and
training devices; expansion of public and private plants,
Government-owned equipment and installation thereof in such
plants, erection of structures, and acquisition of land, for
the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the
foregoing purposes including rents and transportation of
things, $5,442,428,000, to remain available for obligation
until September 30, 2011.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment
and training devices; expansion of public and private plants,
including ammunition facilities, authorized by section 2854 of
title 10, United States Code, and the land necessary therefor,
for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the
foregoing purposes, $859,466,000, to remain available for
obligation until September 30, 2011.
Other Procurement, Air Force
For procurement and modification of equipment (including
ground guidance and electronic control equipment, and ground
electronic and communication equipment), and supplies,
materials, and spare parts therefor, not otherwise provided
for; the purchase of passenger motor vehicles for replacement
only, and the purchase of two vehicles required for physical
security of personnel, notwithstanding price limitations
applicable to passenger vehicles but not to exceed $262,000 per
vehicle; lease of passenger motor vehicles; and expansion of
public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon, prior to approval of title; reserve plant
and Government and contractor-owned equipment layaway,
$16,052,569,000, to remain available for obligation until
September 30, 2011.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department of
Defense (other than the military departments) necessary for
procurement, production, and modification of equipment,
supplies, materials, and spare parts therefor, not otherwise
provided for; the purchase of passenger motor vehicles for
replacement only; expansion of public and private plants,
equipment, and installation thereof in such plants, erection of
structures, and acquisition of land for the foregoing purposes,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway, $3,306,269,000, to remain available for obligation
until September 30, 2011.
National Guard and Reserve Equipment
For procurement of aircraft, missiles, tracked combat
vehicles, ammunition, other weapons, and other procurement for
the reserve components of the Armed Forces, $750,000,000, to
remain available for obligation until September 30, 2011, of
which $480,000,000 shall be available only for the Army
National Guard: Provided, That the Chiefs of the Reserve and
National Guard components shall, not later than 30 days after
the enactment of this Act, individually submit to the
congressional defense committees the modernization priority
assessment for their respective Reserve or National Guard
component.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to
sections 108, 301, 302, and 303 of the Defense Production Act
of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093),
$100,565,000, to remain available until expended.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of facilities
and equipment, $12,060,111,000, to remain available for
obligation until September 30, 2010.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of facilities
and equipment, $19,764,276,000, to remain available for
obligation until September 30, 2010: Provided, That funds
appropriated in this paragraph which are available for the V-22
may be used to meet unique operational requirements of the
Special Operations Forces: Provided further, That funds
appropriated in this paragraph shall be available for the Cobra
Judy program.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of facilities
and equipment, $27,084,340,000, to remain available for
obligation until September 30, 2010.
Research, Development, Test and Evaluation, Defense-Wide
For expenses of activities and agencies of the Department of
Defense (other than the military departments), necessary for
basic and applied scientific research, development, test and
evaluation; advanced research projects as may be designated and
determined by the Secretary of Defense, pursuant to law;
maintenance, rehabilitation, lease, and operation of facilities
and equipment, $21,423,338,000, to remain available for
obligation until September 30, 2010: Provided, That of the
amount available under this heading for the Prompt Global
Strike Capability Development program, not less than one-fourth
shall be available for the Army Advanced Hypersonic Weapon
initiative.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and
Evaluation, in the direction and supervision of operational
test and evaluation, including initial operational test and
evaluation which is conducted prior to, and in support of,
production decisions; joint operational testing and evaluation;
and administrative expenses in connection therewith,
$188,772,000, to remain available for obligation until
September 30, 2010.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,489,234,000.
National Defense Sealift Fund
For National Defense Sealift Fund programs, projects, and
activities, and for expenses of the National Defense Reserve
Fleet, as established by section 11 of the Merchant Ship Sales
Act of 1946 (50 U.S.C. App. 1744), and for the necessary
expenses to maintain and preserve a U.S.-flag merchant fleet to
serve the national security needs of the United States,
$1,666,572,000, to remain available until expended: Provided,
That none of the funds provided in this paragraph shall be used
to award a new contract that provides for the acquisition of
any of the following major components unless such components
are manufactured in the United States: auxiliary equipment,
including pumps, for all shipboard services; propulsion system
components (that is; engines, reduction gears, and propellers);
shipboard cranes; and spreaders for shipboard cranes: Provided
further, That the exercise of an option in a contract awarded
through the obligation of previously appropriated funds shall
not be considered to be the award of a new contract: Provided
further, That the Secretary of the military department
responsible for such procurement may waive the restrictions in
the first proviso on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that adequate domestic supplies
are not available to meet Department of Defense requirements on
a timely basis and that such an acquisition must be made in
order to acquire capability for national security purposes.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
(INCLUDING TRANSFER OF FUNDS)
For expenses, not otherwise provided for, for medical and
health care programs of the Department of Defense as authorized
by law, $25,825,832,000, of which $1,300,000,000 shall be
derived by transfer from the National Defense Stockpile
Transaction Fund; of which $24,611,369,000 shall be for
operation and maintenance, of which not to exceed one percent
shall remain available until September 30, 2010, and of which
up to $13,217,751,000 may be available for contracts entered
into under the TRICARE program; of which $311,905,000, to
remain available for obligation until September 30, 2011, shall
be for procurement; and of which $902,558,000, to remain
available for obligation until September 30, 2010, shall be for
research, development, test and evaluation: Provided, That,
notwithstanding any other provision of law, of the amount made
available under this heading for research, development, test
and evaluation, not less than $8,000,000 shall be available for
HIV prevention educational activities undertaken in connection
with U.S. military training, exercises, and humanitarian
assistance activities conducted primarily in African nations.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical
agents and munitions, to include construction of facilities, in
accordance with the provisions of section 1412 of the
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521),
and for the destruction of other chemical warfare materials
that are not in the chemical weapon stockpile, $1,505,634,000,
of which $1,152,668,000 shall be for operation and maintenance,
of which no less than $103,198,000, shall be for the Chemical
Stockpile Emergency Preparedness Program, consisting of
$33,411,000 for activities on military installations and
$69,787,000, to remain available until September 30, 2010, to
assist State and local governments; $64,085,000 shall be for
procurement, to remain available until September 30, 2011, of
which no less than $26,428,000 shall be for the Chemical
Stockpile Emergency Preparedness Program to assist State and
local governments; and $288,881,000, to remain available until
September 30, 2010, shall be for research, development, test
and evaluation, of which $283,219,000 shall only be for the
Assembled Chemical Weapons Alternatives (ACWA) program.
Drug Interdiction and Counter-Drug Activities, Defense
(INCLUDING TRANSFER OF FUNDS)
For drug interdiction and counter-drug activities of the
Department of Defense, for transfer to appropriations available
to the Department of Defense for military personnel of the
reserve components serving under the provisions of title 10 and
title 32, United States Code; for operation and maintenance;
for procurement; and for research, development, test and
evaluation, $1,096,743,000: Provided, That the funds
appropriated under this heading shall be available for
obligation for the same time period and for the same purpose as
the appropriation to which transferred: Provided further, That
upon a determination that all or part of the funds transferred
from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority contained elsewhere in this Act.
Office of the Inspector General
For expenses and activities of the Office of the Inspector
General in carrying out the provisions of the Inspector General
Act of 1978, as amended, $271,845,000, of which $270,445,000
shall be for operation and maintenance, of which not to exceed
$700,000 is available for emergencies and extraordinary
expenses to be expended on the approval or authority of the
Inspector General, and payments may be made on the Inspector
General's certificate of necessity for confidential military
purposes; and of which $1,400,000, to remain available until
September 30, 2011, shall be for procurement.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement and
Disability System Fund, to maintain the proper funding level
for continuing the operation of the Central Intelligence Agency
Retirement and Disability System, $279,200,000.
Intelligence Community Management Account
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Intelligence Community
Management Account, $710,042,000: Provided, That of the funds
appropriated under this heading, $44,000,000 shall be
transferred to the Department of Justice, of which $2,000,000
shall be for reimbursement of Air Force personnel for the
National Drug Intelligence Center to support the Department of
Defense's counter-drug intelligence responsibilities: Provided
further, That the National Drug Intelligence Center shall
maintain the personnel and technical resources to provide
timely support to law enforcement authorities and the
intelligence community by conducting document and computer
exploitation of materials collected in Federal, State, and
local law enforcement activity associated with counter-drug,
counter-terrorism, and national security investigations and
operations.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 8002. During the current fiscal year, provisions of law
prohibiting the payment of compensation to, or employment of,
any person not a citizen of the United States shall not apply
to personnel of the Department of Defense: Provided, That
salary increases granted to direct and indirect hire foreign
national employees of the Department of Defense funded by this
Act shall not be at a rate in excess of the percentage increase
authorized by law for civilian employees of the Department of
Defense whose pay is computed under the provisions of section
5332 of title 5, United States Code, or at a rate in excess of
the percentage increase provided by the appropriate host nation
to its own employees, whichever is higher: Provided further,
That this section shall not apply to Department of Defense
foreign service national employees serving at United States
diplomatic missions whose pay is set by the Department of State
under the Foreign Service Act of 1980: Provided further, That
the limitations of this provision shall not apply to foreign
national employees of the Department of Defense in the Republic
of Turkey.
Sec. 8003. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal
year, unless expressly so provided herein.
Sec. 8004. No more than 20 percent of the appropriations in
this Act which are limited for obligation during the current
fiscal year shall be obligated during the last 2 months of the
fiscal year: Provided, That this section shall not apply to
obligations for support of active duty training of reserve
components or summer camp training of the Reserve Officers'
Training Corps.
(TRANSFER OF FUNDS)
Sec. 8005. Upon determination by the Secretary of Defense
that such action is necessary in the national interest, he may,
with the approval of the Office of Management and Budget,
transfer not to exceed $4,100,000,000 of working capital funds
of the Department of Defense or funds made available in this
Act to the Department of Defense for military functions (except
military construction) between such appropriations or funds or
any subdivision thereof, to be merged with and to be available
for the same purposes, and for the same time period, as the
appropriation or fund to which transferred: Provided, That such
authority to transfer may not be used unless for higher
priority items, based on unforeseen military requirements, than
those for which originally appropriated and in no case where
the item for which funds are requested has been denied by the
Congress: Provided further, That the Secretary of Defense shall
notify the Congress promptly of all transfers made pursuant to
this authority or any other authority in this Act: Provided
further, That no part of the funds in this Act shall be
available to prepare or present a request to the Committees on
Appropriations for reprogramming of funds, unless for higher
priority items, based on unforeseen military requirements, than
those for which originally appropriated and in no case where
the item for which reprogramming is requested has been denied
by the Congress: Provided further, That a request for multiple
reprogrammings of funds using authority provided in this
section must be made prior to June 30, 2009: Provided further,
That transfers among military personnel appropriations shall
not be taken into account for purposes of the limitation on the
amount of funds that may be transferred under this section:
Provided further, That no obligation of funds may be made
pursuant to section 1206 of Public Law 109-163 (or any
successor provision) unless the Secretary of Defense has
notified the congressional defense committees prior to any such
obligation.
Sec. 8006. (a) With regard to the list of specific programs,
projects, and activities (and the dollar amounts and
adjustments to budget activities corresponding to such
programs, projects, and activities) contained in the tables
titled ``Explanation of Project Level Adjustments'' in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), the obligation
and expenditure of amounts appropriated or otherwise made
available in this Act for those programs, projects, and
activities for which the amounts appropriated exceed the
amounts requested are hereby required by law to be carried out
in the manner provided by such tables to the same extent as if
the tables were included in the text of this Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of
appropriations for purposes of section 8005 of this Act:
Provided, That section 8005 shall apply when transfers of the
amounts described in subsection (a) occur between appropriation
accounts.
Sec. 8007. (a) Not later than 60 days after enactment of this
Act, the Department of Defense shall submit a report to the
congressional defense committees to establish the baseline for
application of reprogramming and transfer authorities for
fiscal year 2009: Provided, That the report shall include--
(1) a table for each appropriation with a separate
column to display the President's budget request,
adjustments made by Congress, adjustments due to
enacted rescissions, if appropriate, and the fiscal
year enacted level;
(2) a delineation in the table for each appropriation
both by budget activity and program, project, and
activity as detailed in the Budget Appendix; and
(3) an identification of items of special
congressional interest.
(b) Notwithstanding section 8005 of this Act, none of the
funds provided in this Act shall be available for reprogramming
or transfer until the report identified in subsection (a) is
submitted to the congressional defense committees, unless the
Secretary of Defense certifies in writing to the congressional
defense committees that such reprogramming or transfer is
necessary as an emergency requirement.
Sec. 8008. The Secretaries of the Air Force and the Army are
authorized, using funds available under the headings
``Operation and Maintenance, Air Force'' and ``Operation and
Maintenance, Army'', to complete facility conversions and
phased repair projects which may include upgrades and additions
to Alaskan range infrastructure and training areas, and
improved access to these ranges.
(TRANSFER OF FUNDS)
Sec. 8009. During the current fiscal year, cash balances in
working capital funds of the Department of Defense established
pursuant to section 2208 of title 10, United States Code, may
be maintained in only such amounts as are necessary at any time
for cash disbursements to be made from such funds: Provided,
That transfers may be made between such funds: Provided
further, That transfers may be made between working capital
funds and the ``Foreign Currency Fluctuations, Defense''
appropriation and the ``Operation and Maintenance''
appropriation accounts in such amounts as may be determined by
the Secretary of Defense, with the approval of the Office of
Management and Budget, except that such transfers may not be
made unless the Secretary of Defense has notified the Congress
of the proposed transfer. Except in amounts equal to the
amounts appropriated to working capital funds in this Act, no
obligations may be made against a working capital fund to
procure or increase the value of war reserve material
inventory, unless the Secretary of Defense has notified the
Congress prior to any such obligation.
Sec. 8010. Funds appropriated by this Act may not be used to
initiate a special access program without prior notification 30
calendar days in advance to the congressional defense
committees.
Sec. 8011. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs
economic order quantity procurement in excess of $20,000,000 in
any one year of the contract or that includes an unfunded
contingent liability in excess of $20,000,000; or (2) a
contract for advance procurement leading to a multiyear
contract that employs economic order quantity procurement in
excess of $20,000,000 in any one year, unless the congressional
defense committees have been notified at least 30 days in
advance of the proposed contract award: Provided, That no part
of any appropriation contained in this Act shall be available
to initiate a multiyear contract for which the economic order
quantity advance procurement is not funded at least to the
limits of the Government's liability: Provided further, That no
part of any appropriation contained in this Act shall be
available to initiate multiyear procurement contracts for any
systems or component thereof if the value of the multiyear
contract would exceed $500,000,000 unless specifically provided
in this Act: Provided further, That no multiyear procurement
contract can be terminated without 10-day prior notification to
the congressional defense committees: Provided further, That
the execution of multiyear authority shall require the use of a
present value analysis to determine lowest cost compared to an
annual procurement: Provided further, That none of the funds
provided in this Act may be used for a multiyear contract
executed after the date of the enactment of this Act unless in
the case of any such contract--
(1) the Secretary of Defense has submitted to
Congress a budget request for full funding of units to
be procured through the contract and, in the case of a
contract for procurement of aircraft, that includes,
for any aircraft unit to be procured through the
contract for which procurement funds are requested in
that budget request for production beyond advance
procurement activities in the fiscal year covered by
the budget, full funding of procurement of such unit in
that fiscal year;
(2) cancellation provisions in the contract do not
include consideration of recurring manufacturing costs
of the contractor associated with the production of
unfunded units to be delivered under the contract;
(3) the contract provides that payments to the
contractor under the contract shall not be made in
advance of incurred costs on funded units; and
(4) the contract does not provide for a price
adjustment based on a failure to award a follow-on
contract.
Funds appropriated in title III of this Act may be used for a
multiyear procurement contract as follows:
SSN Virginia class submarine.
Sec. 8012. Within the funds appropriated for the operation
and maintenance of the Armed Forces, funds are hereby
appropriated pursuant to section 401 of title 10, United States
Code, for humanitarian and civic assistance costs under chapter
20 of title 10, United States Code. Such funds may also be
obligated for humanitarian and civic assistance costs
incidental to authorized operations and pursuant to authority
granted in section 401 of chapter 20 of title 10, United States
Code, and these obligations shall be reported as required by
section 401(d) of title 10, United States Code: Provided, That
funds available for operation and maintenance shall be
available for providing humanitarian and similar assistance by
using Civic Action Teams in the Trust Territories of the
Pacific Islands and freely associated states of Micronesia,
pursuant to the Compact of Free Association as authorized by
Public Law 99-239: Provided further, That upon a determination
by the Secretary of the Army that such action is beneficial for
graduate medical education programs conducted at Army medical
facilities located in Hawaii, the Secretary of the Army may
authorize the provision of medical services at such facilities
and transportation to such facilities, on a nonreimbursable
basis, for civilian patients from American Samoa, the
Commonwealth of the Northern Mariana Islands, the Marshall
Islands, the Federated States of Micronesia, Palau, and Guam.
Sec. 8013. (a) During fiscal year 2009, the civilian
personnel of the Department of Defense may not be managed on
the basis of any end-strength, and the management of such
personnel during that fiscal year shall not be subject to any
constraint or limitation (known as an end-strength) on the
number of such personnel who may be employed on the last day of
such fiscal year.
(b) The fiscal year 2010 budget request for the Department of
Defense as well as all justification material and other
documentation supporting the fiscal year 2010 Department of
Defense budget request shall be prepared and submitted to the
Congress as if subsections (a) and (b) of this provision were
effective with regard to fiscal year 2010.
(c) Nothing in this section shall be construed to apply to
military (civilian) technicians.
Sec. 8014. None of the funds made available by this Act shall
be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before the Congress.
Sec. 8015. None of the funds appropriated by this Act shall
be available for the basic pay and allowances of any member of
the Army participating as a full-time student and receiving
benefits paid by the Secretary of Veterans Affairs from the
Department of Defense Education Benefits Fund when time spent
as a full-time student is credited toward completion of a
service commitment: Provided, That this section shall not apply
to those members who have reenlisted with this option prior to
October 1, 1987: Provided further, That this section applies
only to active components of the Army.
Sec. 8016. (a) None of the funds appropriated by this Act
shall be available to convert to contractor performance an
activity or function of the Department of Defense that, on or
after the date of the enactment of this Act, is performed by
more than 10 Department of Defense civilian employees unless--
(1) the conversion is based on the result of a
public-private competition that includes a most
efficient and cost effective organization plan
developed by such activity or function;
(2) the Competitive Sourcing Official determines
that, over all performance periods stated in the
solicitation of offers for performance of the activity
or function, the cost of performance of the activity or
function by a contractor would be less costly to the
Department of Defense by an amount that equals or
exceeds the lesser of--
(A) 10 percent of the most efficient
organization's personnel-related costs for
performance of that activity or function by
Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for
a proposal that would reduce costs for the Department
of Defense by--
(A) not making an employer-sponsored health
insurance plan available to the workers who are
to be employed in the performance of that
activity or function under the contract; or
(B) offering to such workers an employer-
sponsored health benefits plan that requires
the employer to contribute less towards the
premium or subscription share than the amount
that is paid by the Department of Defense for
health benefits for civilian employees under
chapter 89 of title 5, United States Code.
(b)(1) The Department of Defense, without regard to
subsection (a) of this section or subsection (a), (b), or (c)
of section 2461 of title 10, United States Code, and
notwithstanding any administrative regulation, requirement, or
policy to the contrary shall have full authority to enter into
a contract for the performance of any commercial or industrial
type function of the Department of Defense that--
(A) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O'Day Act
(41 U.S.C. 47);
(B) is planned to be converted to performance by a
qualified nonprofit agency for the blind or by a
qualified nonprofit agency for other severely
handicapped individuals in accordance with that Act; or
(C) is planned to be converted to performance by a
qualified firm under at least 51 percent ownership by
an Indian tribe, as defined in section 4(e) of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b(e)), or a Native Hawaiian Organization,
as defined in section 8(a)(15) of the Small Business
Act (15 U.S.C. 637(a)(15)).
(2) This section shall not apply to depot contracts or
contracts for depot maintenance as provided in sections 2469
and 2474 of title 10, United States Code.
(c) The conversion of any activity or function of the
Department of Defense under the authority provided by this
section shall be credited toward any competitive or outsourcing
goal, target, or measurement that may be established by
statute, regulation, or policy and is deemed to be awarded
under the authority of, and in compliance with, subsection (h)
of section 2304 of title 10, United States Code, for the
competition or outsourcing of commercial activities.
(TRANSFER OF FUNDS)
Sec. 8017. Funds appropriated in title III of this Act for
the Department of Defense Pilot Mentor-Protege Program may be
transferred to any other appropriation contained in this Act
solely for the purpose of implementing a Mentor-Protege Program
developmental assistance agreement pursuant to section 831 of
the National Defense Authorization Act for Fiscal Year 1991
(Public Law 101-510; 10 U.S.C. 2302 note), as amended, under
the authority of this provision or any other transfer authority
contained in this Act.
Sec. 8018. None of the funds in this Act may be available for
the purchase by the Department of Defense (and its departments
and agencies) of welded shipboard anchor and mooring chain 4
inches in diameter and under unless the anchor and mooring
chain are manufactured in the United States from components
which are substantially manufactured in the United States:
Provided, That for the purpose of this section manufactured
will include cutting, heat treating, quality control, testing
of chain and welding (including the forging and shot blasting
process): Provided further, That for the purpose of this
section substantially all of the components of anchor and
mooring chain shall be considered to be produced or
manufactured in the United States if the aggregate cost of the
components produced or manufactured in the United States
exceeds the aggregate cost of the components produced or
manufactured outside the United States: Provided further, That
when adequate domestic supplies are not available to meet
Department of Defense requirements on a timely basis, the
Secretary of the service responsible for the procurement may
waive this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations that such an
acquisition must be made in order to acquire capability for
national security purposes.
Sec. 8019. None of the funds available to the Department of
Defense may be used to demilitarize or dispose of M-1 Carbines,
M-1 Garand rifles, M-14 rifles, .22 caliber rifles, .30 caliber
rifles, or M-1911 pistols.
Sec. 8020. No more than $500,000 of the funds appropriated or
made available in this Act shall be used during a single fiscal
year for any single relocation of an organization, unit,
activity or function of the Department of Defense into or
within the National Capital Region: Provided, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the congressional
defense committees that such a relocation is required in the
best interest of the Government.
Sec. 8021. In addition to the funds provided elsewhere in
this Act, $15,000,000 is appropriated only for incentive
payments authorized by section 504 of the Indian Financing Act
of 1974 (25 U.S.C. 1544): Provided, That a prime contractor or
a subcontractor at any tier that makes a subcontract award to
any subcontractor or supplier as defined in section 1544 of
title 25, United States Code, or a small business owned and
controlled by an individual or individuals defined under
section 4221(9) of title 25, United States Code, shall be
considered a contractor for the purposes of being allowed
additional compensation under section 504 of the Indian
Financing Act of 1974 (25 U.S.C. 1544) whenever the prime
contract or subcontract amount is over $500,000 and involves
the expenditure of funds appropriated by an Act making
Appropriations for the Department of Defense with respect to
any fiscal year: Provided further, That notwithstanding section
430 of title 41, United States Code, this section shall be
applicable to any Department of Defense acquisition of supplies
or services, including any contract and any subcontract at any
tier for acquisition of commercial items produced or
manufactured, in whole or in part by any subcontractor or
supplier defined in section 1544 of title 25, United States
Code, or a small business owned and controlled by an individual
or individuals defined under section 4221(9) of title 25,
United States Code.
Sec. 8022. Funds appropriated by this Act for the Defense
Media Activity shall not be used for any national or
international political or psychological activities.
Sec. 8023. None of the funds appropriated by this Act shall
be available to perform any cost study pursuant to the
provisions of OMB Circular A-76 if the study being performed
exceeds a period of 24 months after initiation of such study
with respect to a single function activity or 30 months after
initiation of such study for a multi-function activity.
Sec. 8024. During the current fiscal year, the Department of
Defense is authorized to incur obligations of not to exceed
$350,000,000 for purposes specified in section 2350j(c) of
title 10, United States Code, in anticipation of receipt of
contributions, only from the Government of Kuwait, under that
section: Provided, That upon receipt, such contributions from
the Government of Kuwait shall be credited to the
appropriations or fund which incurred such obligations.
Sec. 8025. (a) Of the funds made available in this Act, not
less than $34,929,000 shall be available for the Civil Air
Patrol Corporation, of which--
(1) $26,605,000 shall be available from ``Operation
and Maintenance, Air Force'' to support Civil Air
Patrol Corporation operation and maintenance,
readiness, counterdrug activities, and drug demand
reduction activities involving youth programs;
(2) $7,435,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $889,000 shall be available from ``Other
Procurement, Air Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive reimbursement
for any funds used by the Civil Air Patrol for counter-drug
activities in support of Federal, State, and local government
agencies.
Sec. 8026. (a) None of the funds appropriated in this Act are
available to establish a new Department of Defense (department)
federally funded research and development center (FFRDC),
either as a new entity, or as a separate entity administrated
by an organization managing another FFRDC, or as a nonprofit
membership corporation consisting of a consortium of other
FFRDCs and other non-profit entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or
any similar entity of a defense FFRDC, and no paid consultant
to any defense FFRDC, except when acting in a technical
advisory capacity, may be compensated for his or her services
as a member of such entity, or as a paid consultant by more
than one FFRDC in a fiscal year: Provided, That a member of any
such entity referred to previously in this subsection shall be
allowed travel expenses and per diem as authorized under the
Federal Joint Travel Regulations, when engaged in the
performance of membership duties.
(c) Notwithstanding any other provision of law, none of the
funds available to the department from any source during fiscal
year 2009 may be used by a defense FFRDC, through a fee or
other payment mechanism, for construction of new buildings, for
payment of cost sharing for projects funded by Government
grants, for absorption of contract overruns, or for certain
charitable contributions, not to include employee participation
in community service and/or development.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 2009, not more
than 5,600 staff years of technical effort (staff years) may be
funded for defense FFRDCs: Provided, That of the specific
amount referred to previously in this subsection, not more than
1,100 staff years may be funded for the defense studies and
analysis FFRDCs: Provided further, That this subsection shall
not apply to staff years funded in the National Intelligence
Program (NIP) and the Military Intelligence Program (MIP).
(e) The Secretary of Defense shall, with the submission of
the department's fiscal year 2010 budget request, submit a
report presenting the specific amounts of staff years of
technical effort to be allocated for each defense FFRDC during
that fiscal year and the associated budget estimates.
(f) Notwithstanding any other provision of this Act, the
total amount appropriated in this Act for FFRDCs is hereby
reduced by $84,000,000.
Sec. 8027. None of the funds appropriated or made available
in this Act shall be used to procure carbon, alloy or armor
steel plate for use in any Government-owned facility or
property under the control of the Department of Defense which
were not melted and rolled in the United States or Canada:
Provided, That these procurement restrictions shall apply to
any and all Federal Supply Class 9515, American Society of
Testing and Materials (ASTM) or American Iron and Steel
Institute (AISI) specifications of carbon, alloy or armor steel
plate: Provided further, That the Secretary of the military
department responsible for the procurement may waive this
restriction on a case-by-case basis by certifying in writing to
the Committees on Appropriations of the House of
Representatives and the Senate that adequate domestic supplies
are not available to meet Department of Defense requirements on
a timely basis and that such an acquisition must be made in
order to acquire capability for national security purposes:
Provided further, That these restrictions shall not apply to
contracts which are in being as of the date of the enactment of
this Act.
Sec. 8028. For the purposes of this Act, the term
``congressional defense committees'' means the Armed Services
Committee of the House of Representatives, the Armed Services
Committee of the Senate, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the Subcommittee
on Defense of the Committee on Appropriations of the House of
Representatives.
Sec. 8029. During the current fiscal year, the Department of
Defense may acquire the modification, depot maintenance and
repair of aircraft, vehicles and vessels as well as the
production of components and other Defense-related articles,
through competition between Department of Defense depot
maintenance activities and private firms: Provided, That the
Senior Acquisition Executive of the military department or
Defense Agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of
all direct and indirect costs for both public and private bids:
Provided further, That Office of Management and Budget Circular
A-76 shall not apply to competitions conducted under this
section.
Sec. 8030. (a)(1) If the Secretary of Defense, after
consultation with the United States Trade Representative,
determines that a foreign country which is party to an
agreement described in paragraph (2) has violated the terms of
the agreement by discriminating against certain types of
products produced in the United States that are covered by the
agreement, the Secretary of Defense shall rescind the
Secretary's blanket waiver of the Buy American Act with respect
to such types of products produced in that foreign country.
(2) An agreement referred to in paragraph (1) is any
reciprocal defense procurement memorandum of understanding,
between the United States and a foreign country pursuant to
which the Secretary of Defense has prospectively waived the Buy
American Act for certain products in that country.
(b) The Secretary of Defense shall submit to the Congress a
report on the amount of Department of Defense purchases from
foreign entities in fiscal year 2009. Such report shall
separately indicate the dollar value of items for which the Buy
American Act was waived pursuant to any agreement described in
subsection (a)(2), the Trade Agreement Act of 1979 (19 U.S.C.
2501 et seq.), or any international agreement to which the
United States is a party.
(c) For purposes of this section, the term ``Buy American
Act'' means title III of the Act entitled ``An Act making
appropriations for the Treasury and Post Office Departments for
the fiscal year ending June 30, 1934, and for other purposes'',
approved March 3, 1933 (41 U.S.C. 10a et seq.).
Sec. 8031. During the current fiscal year, amounts contained
in the Department of Defense Overseas Military Facility
Investment Recovery Account established by section 2921(c)(1)
of the National Defense Authorization Act of 1991 (Public Law
101-510; 10 U.S.C. 2687 note) shall be available until expended
for the payments specified by section 2921(c)(2) of that Act.
Sec. 8032. (a) Notwithstanding any other provision of law,
the Secretary of the Air Force may convey at no cost to the Air
Force, without consideration, to Indian tribes located in the
States of North Dakota, South Dakota, Montana, and Minnesota
relocatable military housing units located at Grand Forks Air
Force Base and Minot Air Force Base that are excess to the
needs of the Air Force.
(b) The Secretary of the Air Force shall convey, at no cost
to the Air Force, military housing units under subsection (a)
in accordance with the request for such units that are
submitted to the Secretary by the Operation Walking Shield
Program on behalf of Indian tribes located in the States of
North Dakota, South Dakota, Montana, and Minnesota.
(c) The Operation Walking Shield Program shall resolve any
conflicts among requests of Indian tribes for housing units
under subsection (a) before submitting requests to the
Secretary of the Air Force under subsection (b).
(d) In this section, the term ``Indian tribe'' means any
recognized Indian tribe included on the current list published
by the Secretary of the Interior under section 104 of the
Federally Recognized Indian Tribe Act of 1994 (Public Law 103-
454; 108 Stat. 4792; 25 U.S.C. 479a-1).
Sec. 8033. During the current fiscal year, appropriations
which are available to the Department of Defense for operation
and maintenance may be used to purchase items having an
investment item unit cost of not more than $250,000.
Sec. 8034. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense
Working Capital Funds shall be used for the purchase of an
investment item for the purpose of acquiring a new inventory
item for sale or anticipated sale during the current fiscal
year or a subsequent fiscal year to customers of the Department
of Defense Working Capital Funds if such an item would not have
been chargeable to the Department of Defense Business
Operations Fund during fiscal year 1994 and if the purchase of
such an investment item would be chargeable during the current
fiscal year to appropriations made to the Department of Defense
for procurement.
(b) The fiscal year 2010 budget request for the Department of
Defense as well as all justification material and other
documentation supporting the fiscal year 2010 Department of
Defense budget shall be prepared and submitted to the Congress
on the basis that any equipment which was classified as an end
item and funded in a procurement appropriation contained in
this Act shall be budgeted for in a proposed fiscal year 2010
procurement appropriation and not in the supply management
business area or any other area or category of the Department
of Defense Working Capital Funds.
Sec. 8035. None of the funds appropriated by this Act for
programs of the Central Intelligence Agency shall remain
available for obligation beyond the current fiscal year, except
for funds appropriated for the Reserve for Contingencies, which
shall remain available until September 30, 2010: Provided, That
funds appropriated, transferred, or otherwise credited to the
Central Intelligence Agency Central Services Working Capital
Fund during this or any prior or subsequent fiscal year shall
remain available until expended: Provided further, That any
funds appropriated or transferred to the Central Intelligence
Agency for advanced research and development acquisition, for
agent operations, and for covert action programs authorized by
the President under section 503 of the National Security Act of
1947, as amended, shall remain available until September 30,
2010.
Sec. 8036. Notwithstanding any other provision of law, funds
made available in this Act for the Defense Intelligence Agency
may be used for the design, development, and deployment of
General Defense Intelligence Program intelligence
communications and intelligence information systems for the
Services, the Unified and Specified Commands, and the component
commands.
Sec. 8037. Of the funds appropriated to the Department of
Defense under the heading ``Operation and Maintenance, Defense-
Wide'', not less than $12,000,000 shall be made available only
for the mitigation of environmental impacts, including training
and technical assistance to tribes, related administrative
support, the gathering of information, documenting of
environmental damage, and developing a system for
prioritization of mitigation and cost to complete estimates for
mitigation, on Indian lands resulting from Department of
Defense activities.
Sec. 8038. (a) None of the funds appropriated in this Act may
be expended by an entity of the Department of Defense unless
the entity, in expending the funds, complies with the Buy
American Act. For purposes of this subsection, the term ``Buy
American Act'' means title III of the Act entitled ``An Act
making appropriations for the Treasury and Post Office
Departments for the fiscal year ending June 30, 1934, and for
other purposes'', approved March 3, 1933 (41 U.S.C. 10a et
seq.).
(b) If the Secretary of Defense determines that a person has
been convicted of intentionally affixing a label bearing a
``Made in America'' inscription to any product sold in or
shipped to the United States that is not made in America, the
Secretary shall determine, in accordance with section 2410f of
title 10, United States Code, whether the person should be
debarred from contracting with the Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the
Congress that any entity of the Department of Defense, in
expending the appropriation, purchase only American-made
equipment and products, provided that American-made equipment
and products are cost-competitive, quality-competitive, and
available in a timely fashion.
Sec. 8039. None of the funds appropriated by this Act shall
be available for a contract for studies, analysis, or
consulting services entered into without competition on the
basis of an unsolicited proposal unless the head of the
activity responsible for the procurement determines--
(1) as a result of thorough technical evaluation,
only one source is found fully qualified to perform the
proposed work;
(2) the purpose of the contract is to explore an
unsolicited proposal which offers significant
scientific or technological promise, represents the
product of original thinking, and was submitted in
confidence by one source; or
(3) the purpose of the contract is to take advantage
of unique and significant industrial accomplishment by
a specific concern, or to insure that a new product or
idea of a specific concern is given financial support:
Provided, That this limitation shall not apply to
contracts in an amount of less than $25,000, contracts
related to improvements of equipment that is in
development or production, or contracts as to which a
civilian official of the Department of Defense, who has
been confirmed by the Senate, determines that the award
of such contract is in the interest of the national
defense.
Sec. 8040. (a) Except as provided in subsections (b) and (c),
none of the funds made available by this Act may be used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed
Forces or civilian employee of the department who is
transferred or reassigned from a headquarters activity
if the member or employee's place of duty remains at
the location of that headquarters.
(b) The Secretary of Defense or Secretary of a military
department may waive the limitations in subsection (a), on a
case-by-case basis, if the Secretary determines, and certifies
to the Committees on Appropriations of the House of
Representatives and Senate that the granting of the waiver will
reduce the personnel requirements or the financial requirements
of the department.
(c) This section does not apply to--
(1) field operating agencies funded within the
National Intelligence Program; or
(2) an Army field operating agency established to
eliminate, mitigate, or counter the effects of
improvised explosive devices, and, as determined by the
Secretary of the Army, other similar threats.
Sec. 8041. The Secretary of Defense, notwithstanding any
other provision of law, acting through the Office of Economic
Adjustment of the Department of Defense, may use funds made
available in this Act under the heading ``Operation and
Maintenance, Defense-Wide'' to make grants and supplement other
Federal funds in accordance with the guidance provided in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(RESCISSIONS)
Sec. 8042. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded
from the following accounts and programs in the specified
amounts:
``Aircraft Procurement, Army'', 2008/2010,
$174,600,000;
``Procurement of Ammunition, Army'', 2008/2010,
$69,200,000;
``Shipbuilding and Conversion, Navy'', 2008/2012,
$337,000,000;
``Research, Development, Test and Evaluation, Army'',
2008/2009, $49,800,000;
``Research, Development, Test and Evaluation, Air
Force'', 2008/2009, $300,073,000;
``Research, Development, Test and Evaluation,
Defense-Wide'', 2008/2009, $150,000,000; and
``Tanker Replacement Transfer Fund'', $239,800,000.
Sec. 8043. None of the funds available in this Act may be
used to reduce the authorized positions for military (civilian)
technicians of the Army National Guard, Air National Guard,
Army Reserve and Air Force Reserve for the purpose of applying
any administratively imposed civilian personnel ceiling,
freeze, or reduction on military (civilian) technicians, unless
such reductions are a direct result of a reduction in military
force structure.
Sec. 8044. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for
assistance to the Democratic People's Republic of Korea unless
specifically appropriated for that purpose.
Sec. 8045. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant Commands and
Defense Agencies shall be available for reimbursement of pay,
allowances and other expenses which would otherwise be incurred
against appropriations for the National Guard and Reserve when
members of the National Guard and Reserve provide intelligence
or counterintelligence support to Combatant Commands, Defense
Agencies and Joint Intelligence Activities, including the
activities and programs included within the National
Intelligence Program and the Military Intelligence Program:
Provided, That nothing in this section authorizes deviation
from established Reserve and National Guard personnel and
training procedures.
Sec. 8046. During the current fiscal year, none of the funds
appropriated in this Act may be used to reduce the civilian
medical and medical support personnel assigned to military
treatment facilities below the September 30, 2003, level:
Provided, That the Service Surgeons General may waive this
section by certifying to the congressional defense committees
that the beneficiary population is declining in some catchment
areas and civilian strength reductions may be consistent with
responsible resource stewardship and capitation-based
budgeting.
Sec. 8047. (a) None of the funds available to the Department
of Defense for any fiscal year for drug interdiction or
counter-drug activities may be transferred to any other
department or agency of the United States except as
specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence
Agency for any fiscal year for drug interdiction and counter-
drug activities may be transferred to any other department or
agency of the United States except as specifically provided in
an appropriations law.
Sec. 8048. None of the funds appropriated by this Act may be
used for the procurement of ball and roller bearings other than
those produced by a domestic source and of domestic origin:
Provided, That the Secretary of the military department
responsible for such procurement may waive this restriction on
a case-by-case basis by certifying in writing to the Committees
on Appropriations of the House of Representatives and the
Senate, that adequate domestic supplies are not available to
meet Department of Defense requirements on a timely basis and
that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further,
That this restriction shall not apply to the purchase of
``commercial items'', as defined by section 4(12) of the Office
of Federal Procurement Policy Act, except that the restriction
shall apply to ball or roller bearings purchased as end items.
Sec. 8049. None of the funds in this Act may be used to
purchase any supercomputer which is not manufactured in the
United States, unless the Secretary of Defense certifies to the
congressional defense committees that such an acquisition must
be made in order to acquire capability for national security
purposes that is not available from United States
manufacturers.
Sec. 8050. None of the funds made available in this or any
other Act may be used to pay the salary of any officer or
employee of the Department of Defense who approves or
implements the transfer of administrative responsibilities or
budgetary resources of any program, project, or activity
financed by this Act to the jurisdiction of another Federal
agency not financed by this Act without the express
authorization of Congress: Provided, That this limitation shall
not apply to transfers of funds expressly provided for in
Defense Appropriations Acts, or provisions of Acts providing
supplemental appropriations for the Department of Defense.
Sec. 8051. (a) Notwithstanding any other provision of law,
none of the funds available to the Department of Defense for
the current fiscal year may be obligated or expended to
transfer to another nation or an international organization any
defense articles or services (other than intelligence services)
for use in the activities described in subsection (b) unless
the congressional defense committees, the Committee on
International Relations of the House of Representatives, and
the Committee on Foreign Relations of the Senate are notified
15 days in advance of such transfer.
(b) This section applies to--
(1) any international peacekeeping or peace-
enforcement operation under the authority of chapter VI
or chapter VII of the United Nations Charter under the
authority of a United Nations Security Council
resolution; and
(2) any other international peacekeeping, peace-
enforcement, or humanitarian assistance operation.
(c) A notice under subsection (a) shall include the
following--
(1) A description of the equipment, supplies, or
services to be transferred.
(2) A statement of the value of the equipment,
supplies, or services to be transferred.
(3) In the case of a proposed transfer of equipment
or supplies--
(A) a statement of whether the inventory
requirements of all elements of the Armed
Forces (including the reserve components) for
the type of equipment or supplies to be
transferred have been met; and
(B) a statement of whether the items proposed
to be transferred will have to be replaced and,
if so, how the President proposes to provide
funds for such replacement.
Sec. 8052. None of the funds available to the Department of
Defense under this Act shall be obligated or expended to pay a
contractor under a contract with the Department of Defense for
costs of any amount paid by the contractor to an employee
when--
(1) such costs are for a bonus or otherwise in excess
of the normal salary paid by the contractor to the
employee; and
(2) such bonus is part of restructuring costs
associated with a business combination.
(INCLUDING TRANSFER OF FUNDS)
Sec. 8053. During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the
heading ``Operation and Maintenance, Defense-Wide'' may be
transferred to appropriations available for the pay of military
personnel, to be merged with, and to be available for the same
time period as the appropriations to which transferred, to be
used in support of such personnel in connection with support
and services for eligible organizations and activities outside
the Department of Defense pursuant to section 2012 of title 10,
United States Code.
Sec. 8054. During the current fiscal year, in the case of an
appropriation account of the Department of Defense for which
the period of availability for obligation has expired or which
has closed under the provisions of section 1552 of title 31,
United States Code, and which has a negative unliquidated or
unexpended balance, an obligation or an adjustment of an
obligation may be charged to any current appropriation account
for the same purpose as the expired or closed account if--
(1) the obligation would have been properly
chargeable (except as to amount) to the expired or
closed account before the end of the period of
availability or closing of that account;
(2) the obligation is not otherwise properly
chargeable to any current appropriation account of the
Department of Defense; and
(3) in the case of an expired account, the obligation
is not chargeable to a current appropriation of the
Department of Defense under the provisions of section
1405(b)(8) of the National Defense Authorization Act
for Fiscal Year 1991, Public Law 101-510, as amended
(31 U.S.C. 1551 note): Provided, That in the case of an
expired account, if subsequent review or investigation
discloses that there was not in fact a negative
unliquidated or unexpended balance in the account, any
charge to a current account under the authority of this
section shall be reversed and recorded against the
expired account: Provided further, That the total
amount charged to a current appropriation under this
section may not exceed an amount equal to 1 percent of
the total appropriation for that account.
Sec. 8055. (a) Notwithstanding any other provision of law,
the Chief of the National Guard Bureau may permit the use of
equipment of the National Guard Distance Learning Project by
any person or entity on a space-available, reimbursable basis.
The Chief of the National Guard Bureau shall establish the
amount of reimbursement for such use on a case-by-case basis.
(b) Amounts collected under subsection (a) shall be credited
to funds available for the National Guard Distance Learning
Project and be available to defray the costs associated with
the use of equipment of the project under that subsection. Such
funds shall be available for such purposes without fiscal year
limitation.
Sec. 8056. Using funds available by this Act or any other
Act, the Secretary of the Air Force, pursuant to a
determination under section 2690 of title 10, United States
Code, may implement cost-effective agreements for required
heating facility modernization in the Kaiserslautern Military
Community in the Federal Republic of Germany: Provided, That in
the City of Kaiserslautern such agreements will include the use
of United States anthracite as the base load energy for
municipal district heat to the United States Defense
installations: Provided further, That at Landstuhl Army
Regional Medical Center and Ramstein Air Base, furnished heat
may be obtained from private, regional or municipal services,
if provisions are included for the consideration of United
States coal as an energy source.
Sec. 8057. None of the funds appropriated in title IV of this
Act may be used to procure end-items for delivery to military
forces for operational training, operational use or inventory
requirements: Provided, That this restriction does not apply to
end-items used in development, prototyping, and test activities
preceding and leading to acceptance for operational use:
Provided further, That this restriction does not apply to
programs funded within the National Intelligence Program:
Provided further, That the Secretary of Defense may waive this
restriction on a case-by-case basis by certifying in writing to
the Committees on Appropriations of the House of
Representatives and the Senate that it is in the national
security interest to do so.
Sec. 8058. Notwithstanding any other provision of law, funds
available to the Department of Defense in this Act, and
hereafter, shall be made available to provide transportation of
medical supplies and equipment, on a nonreimbursable basis, to
American Samoa, and funds available to the Department of
Defense shall be made available to provide transportation of
medical supplies and equipment, on a nonreimbursable basis, to
the Indian Health Service when it is in conjunction with a
civil-military project.
Sec. 8059. None of the funds made available in this Act may
be used to approve or license the sale of the F-22A advanced
tactical fighter to any foreign government.
Sec. 8060. (a) The Secretary of Defense may, on a case-by-
case basis, waive with respect to a foreign country each
limitation on the procurement of defense items from foreign
sources provided in law if the Secretary determines that the
application of the limitation with respect to that country
would invalidate cooperative programs entered into between the
Department of Defense and the foreign country, or would
invalidate reciprocal trade agreements for the procurement of
defense items entered into under section 2531 of title 10,
United States Code, and the country does not discriminate
against the same or similar defense items produced in the
United States for that country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or
after the date of the enactment of this Act; and
(2) options for the procurement of items that are
exercised after such date under contracts that are
entered into before such date if the option prices are
adjusted for any reason other than the application of a
waiver granted under subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food,
and clothing or textile materials as defined by section 11
(chapters 50-65) of the Harmonized Tariff Schedule and products
classified under headings 4010, 4202, 4203, 6401 through 6406,
6505, 7019, 7218 through 7229, 7304.41 through 7304.49,
7306.40, 7502 through 7508, 8105, 8108, 8109, 8211, 8215, and
9404.
Sec. 8061. (a) None of the funds made available by this Act
may be used to support any training program involving a unit of
the security forces of a foreign country if the Secretary of
Defense has received credible information from the Department
of State that the unit has committed a gross violation of human
rights, unless all necessary corrective steps have been taken.
(b) The Secretary of Defense, in consultation with the
Secretary of State, shall ensure that prior to a decision to
conduct any training program referred to in subsection (a),
full consideration is given to all credible information
available to the Department of State relating to human rights
violations by foreign security forces.
(c) The Secretary of Defense, after consultation with the
Secretary of State, may waive the prohibition in subsection (a)
if he determines that such waiver is required by extraordinary
circumstances.
(d) Not more than 15 days after the exercise of any waiver
under subsection (c), the Secretary of Defense shall submit a
report to the congressional defense committees describing the
extraordinary circumstances, the purpose and duration of the
training program, the United States forces and the foreign
security forces involved in the training program, and the
information relating to human rights violations that
necessitates the waiver.
Sec. 8062. None of the funds appropriated or made available
in this Act to the Department of the Navy shall be used to
develop, lease or procure the T-AKE class of ships unless the
main propulsion diesel engines and propulsors are manufactured
in the United States by a domestically operated entity:
Provided, That the Secretary of Defense may waive this
restriction on a case-by-case basis by certifying in writing to
the Committees on Appropriations of the House of
Representatives and the Senate that adequate domestic supplies
are not available to meet Department of Defense requirements on
a timely basis and that such an acquisition must be made in
order to acquire capability for national security purposes or
there exists a significant cost or quality difference.
Sec. 8063. None of the funds appropriated or otherwise made
available by this or other Department of Defense Appropriations
Acts may be obligated or expended for the purpose of performing
repairs or maintenance to military family housing units of the
Department of Defense, including areas in such military family
housing units that may be used for the purpose of conducting
official Department of Defense business.
Sec. 8064. Notwithstanding any other provision of law, funds
appropriated in this Act under the heading ``Research,
Development, Test and Evaluation, Defense-Wide'' for any new
start advanced concept technology demonstration project or
joint capability demonstration project may only be obligated 30
days after a report, including a description of the project,
the planned acquisition and transition strategy and its
estimated annual and total cost, has been provided in writing
to the congressional defense committees: Provided, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying to the congressional defense
committees that it is in the national interest to do so.
Sec. 8065. The Secretary of Defense shall provide a
classified quarterly report beginning 30 days after enactment
of this Act, to the House and Senate Appropriations Committees,
Subcommittees on Defense on certain matters as directed in the
classified annex accompanying this Act.
Sec. 8066. During the current fiscal year, none of the funds
available to the Department of Defense may be used to provide
support to another department or agency of the United States if
such department or agency is more than 90 days in arrears in
making payment to the Department of Defense for goods or
services previously provided to such department or agency on a
reimbursable basis: Provided, That this restriction shall not
apply if the department is authorized by law to provide support
to such department or agency on a nonreimbursable basis, and is
providing the requested support pursuant to such authority:
Provided further, That the Secretary of Defense may waive this
restriction on a case-by-case basis by certifying in writing to
the Committees on Appropriations of the House of
Representatives and the Senate that it is in the national
security interest to do so.
Sec. 8067. Notwithstanding section 12310(b) of title 10,
United States Code, a Reserve who is a member of the National
Guard serving on full-time National Guard duty under section
502(f) of title 32, United States Code, may perform duties in
support of the ground-based elements of the National Ballistic
Missile Defense System.
Sec. 8068. None of the funds provided in this Act may be used
to transfer to any nongovernmental entity ammunition held by
the Department of Defense that has a center-fire cartridge and
a United States military nomenclature designation of ``armor
penetrator'', ``armor piercing (AP)'', ``armor piercing
incendiary (API)'', or ``armor-piercing incendiary-tracer (API-
T)'', except to an entity performing demilitarization services
for the Department of Defense under a contract that requires
the entity to demonstrate to the satisfaction of the Department
of Defense that armor piercing projectiles are either: (1)
rendered incapable of reuse by the demilitarization process; or
(2) used to manufacture ammunition pursuant to a contract with
the Department of Defense or the manufacture of ammunition for
export pursuant to a License for Permanent Export of
Unclassified Military Articles issued by the Department of
State.
Sec. 8069. Notwithstanding any other provision of law, the
Chief of the National Guard Bureau, or his designee, may waive
payment of all or part of the consideration that otherwise
would be required under section 2667 of title 10, United States
Code, in the case of a lease of personal property for a period
not in excess of 1 year to any organization specified in
section 508(d) of title 32, United States Code, or any other
youth, social, or fraternal nonprofit organization as may be
approved by the Chief of the National Guard Bureau, or his
designee, on a case-by-case basis.
Sec. 8070. None of the funds appropriated by this Act shall
be used for the support of any nonappropriated funds activity
of the Department of Defense that procures malt beverages and
wine with nonappropriated funds for resale (including such
alcoholic beverages sold by the drink) on a military
installation located in the United States unless such malt
beverages and wine are procured within that State, or in the
case of the District of Columbia, within the District of
Columbia, in which the military installation is located:
Provided, That in a case in which the military installation is
located in more than one State, purchases may be made in any
State in which the installation is located: Provided further,
That such local procurement requirements for malt beverages and
wine shall apply to all alcoholic beverages only for military
installations in States which are not contiguous with another
State: Provided further, That alcoholic beverages other than
wine and malt beverages, in contiguous States and the District
of Columbia shall be procured from the most competitive source,
price and other factors considered.
Sec. 8071. Funds available to the Department of Defense for
the Global Positioning System during the current fiscal year
may be used to fund civil requirements associated with the
satellite and ground control segments of such system's
modernization program.
(INCLUDING TRANSFER OF FUNDS)
Sec. 8072. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Army'', $47,700,000 shall
remain available until expended: Provided, That notwithstanding
any other provision of law, the Secretary of Defense is
authorized to transfer such funds to other activities of the
Federal Government: Provided further, That the Secretary of
Defense is authorized to enter into and carry out contracts for
the acquisition of real property, construction, personal
services, and operations related to projects carrying out the
purposes of this section: Provided further, That contracts
entered into under the authority of this section may provide
for such indemnification as the Secretary determines to be
necessary: Provided further, That projects authorized by this
section shall comply with applicable Federal, State, and local
law to the maximum extent consistent with the national
security, as determined by the Secretary of Defense.
Sec. 8073. Section 8106 of the Department of Defense
Appropriations Act, 1997 (titles I through VIII of the matter
under subsection 101(b) of Public Law 104-208; 110 Stat. 3009-
111; 10 U.S.C. 113 note) shall continue in effect to apply to
disbursements that are made by the Department of Defense in
fiscal year 2009.
Sec. 8074. In addition to amounts provided elsewhere in this
Act, $8,000,000 is hereby appropriated to the Department of
Defense, to remain available for obligation until expended:
Provided, That notwithstanding any other provision of law,
these funds shall be available only for a grant to the Fisher
House Foundation, Inc., only for the construction and
furnishing of additional Fisher Houses to meet the needs of
military family members when confronted with the illness or
hospitalization of an eligible military beneficiary.
Sec. 8075. (a) During the current fiscal year and hereafter,
the Secretary of Defense, in coordination with the Secretary of
Health and Human Services, may carry out a program to
distribute surplus dental and medical equipment of the
Department of Defense, at no cost to the Department of Defense,
to Indian Health Service facilities and to federally-qualified
health centers (within the meaning of section 1905(l)(2)(B) of
the Social Security Act (42 U.S.C. 1396d(l)(2)(B))).
(b) In carrying out this provision, the Secretary of Defense
shall give the Indian Health Service a property disposal
priority equal to the priority given to the Department of
Defense and its twelve special screening programs in
distribution of surplus dental and medical supplies and
equipment.
(INCLUDING TRANSFER OF FUNDS)
Sec. 8076. Of the amounts appropriated in this Act under the
heading ``Research, Development, Test and Evaluation, Defense-
Wide'', $177,237,000 shall be for the Israeli Cooperative
Programs: Provided, That of this amount, $72,895,000 shall be
for the Short Range Ballistic Missile Defense (SRBMD) program,
$30,000,000 shall be available for an upper-tier component to
the Israeli Missile Defense Architecture, and $74,342,000 shall
be for the Arrow Missile Defense Program, of which $13,076,000
shall be for producing Arrow missile components in the United
States and Arrow missile components in Israel to meet Israel's
defense requirements, consistent with each nation's laws,
regulations and procedures: Provided further, That funds made
available under this provision for production of missiles and
missile components may be transferred to appropriations
available for the procurement of weapons and equipment, to be
merged with and to be available for the same time period and
the same purposes as the appropriation to which transferred:
Provided further, That the transfer authority provided under
this provision is in addition to any other transfer authority
contained in this Act.
(INCLUDING TRANSFER OF FUNDS)
Sec. 8077. Of the amounts appropriated in this Act under the
heading ``Shipbuilding and Conversion, Navy'', $165,152,000
shall be available until September 30, 2009, to fund prior year
shipbuilding cost increases: Provided, That upon enactment of
this Act, the Secretary of the Navy shall transfer such funds
to the following appropriations in the amounts specified:
Provided further, That the amounts transferred shall be merged
with and be available for the same purposes as the
appropriations to which transferred:
To:
Under the heading ``Shipbuilding and Conversion, Navy, 2001/
2009'':
Carrier Replacement Program, $20,516,000;
Under the heading ``Shipbuilding and Conversion, Navy, 2002/
2009'':
New SSN, $21,000,000;
Under the heading ``Shipbuilding and Conversion, Navy, 2003/
2009'':
LPD-17 Amphibious Transport Dock Program, $33,082,000;
Under the heading ``Shipbuilding and Conversion, Navy, 2004/
2009'':
New SSN, $60,000,000;
Under the heading ``Shipbuilding and Conversion, Navy, 2007/
2011'':
LHA Replacement Program, $14,310,000; and
Under the heading ``Shipbuilding and Conversion, Navy, 2008/
2012'':
SSBN Submarine Refuelings, $16,244,000.
Sec. 8078. None of the funds available to the Department of
Defense may be obligated to modify command and control
relationships to give Fleet Forces Command administrative and
operational control of U.S. Navy forces assigned to the Pacific
fleet: Provided, That the command and control relationships
which existed on October 1, 2004, shall remain in force unless
changes are specifically authorized in a subsequent Act.
Sec. 8079. Notwithstanding any other provision of law or
regulation, the Secretary of Defense may exercise the
provisions of section 7403(g) of title 38, United States Code,
for occupations listed in section 7403(a)(2) of title 38,
United States Code, as well as the following:
Pharmacists, Audiologists, Psychologists, Social
Workers, Othotists/Prosthetists, Occupational
Therapists, Physical Therapists, Rehabilitation
Therapists, Respiratory Therapists, Speech
Pathologists, Dietitian/Nutritionists, Industrial
Hygienists, Psychology Technicians, Social Service
Assistants, Practical Nurses, Nursing Assistants, and
Dental Hygienists:
(A) The requirements of section 7403(g)(1)(A)
of title 38, United States Code, shall apply.
(B) The limitations of section 7403(g)(1)(B)
of title 38, United States Code, shall not
apply.
Sec. 8080. Funds appropriated by this Act, or made available
by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the
Congress for purposes of section 504 of the National Security
Act of 1947 (50 U.S.C. 414) during fiscal year 2009 until the
enactment of the Intelligence Authorization Act for Fiscal Year
2009.
Sec. 8081. None of the funds provided in this Act shall be
available for obligation or expenditure through a reprogramming
of funds that creates or initiates a new program, project, or
activity unless such program, project, or activity must be
undertaken immediately in the interest of national security and
only after written prior notification to the congressional
defense committees.
Sec. 8082. (a) In addition to the amounts provided elsewhere
in this Act, $3,000,000 is hereby appropriated to the
Department of Defense for ``Operation and Maintenance, Army
National Guard''. Such amount shall be made available to the
Secretary of the Army only to make a grant in the amount of
$3,000,000 to the entity specified in subsection (b) to
facilitate access by veterans to opportunities for skilled
employment in the construction industry.
(b) The entity referred to in subsection (a) is the Center
for Military Recruitment, Assessment and Veterans Employment, a
nonprofit labor-management cooperation committee provided for
by section 302(c)(9) of the Labor-Management Relations Act,
1947 (29 U.S.C. 186(c)(9)), for the purposes set forth in
section 6(b) of the Labor Management Cooperation Act of 1978
(29 U.S.C. 175a note).
Sec. 8083. In addition to funds made available elsewhere in
this Act, $5,500,000 is hereby appropriated and shall remain
available until expended to provide assistance, by grant or
otherwise (such as, but not limited to, the provision of funds
for repairs, maintenance, construction, and/or for the purchase
of information technology, text books, teaching resources), to
public schools that have unusually high concentrations of
special needs military dependents enrolled: Provided, That in
selecting school systems to receive such assistance, special
consideration shall be given to school systems in States that
are considered overseas assignments, and all schools within
these school systems shall be eligible for assistance: Provided
further, That up to 2 percent of the total appropriated funds
under this section shall be available to support the
administration and execution of the funds or program and/or
events that promote the purpose of this appropriation (e.g.
payment of travel and per diem of school teachers attending
conferences or a meeting that promotes the purpose of this
appropriation and/or consultant fees for on-site training of
teachers, staff, or Joint Venture Education Forum (JVEF)
Committee members): Provided further, That up to $300,000 shall
be available to examine human capital, family and quality of
life issues relating to military presence in Hawaii: Provided
further, That up to $2,000,000 shall be available for the
Department of Defense to establish a nonprofit trust fund to
assist in the public-private funding of public school repair
and maintenance projects, or provide directly to nonprofit
organizations who in return will use these monies to provide
assistance in the form of repair, maintenance, or renovation to
public school systems that have high concentrations of special
needs military dependents and are located in States that are
considered overseas assignments: Provided further, That to the
extent a Federal agency provides this assistance, by contract,
grant, or otherwise, it may accept and expend non-Federal funds
in combination with these Federal funds to provide assistance
for the authorized purpose, if the non-Federal entity requests
such assistance and the non-Federal funds are provided on a
reimbursable basis.
Sec. 8084. In addition to the amounts appropriated or
otherwise made available elsewhere in this Act, $112,400,000 is
hereby appropriated to the Department of Defense: Provided,
That the Secretary of Defense shall make grants in the amounts
specified as follows: $20,000,000 to the United Service
Organizations; $30,000,000 to the Red Cross; $15,000,000 for
the Waterbury Industrial Commons Redevelopment Project;
$4,750,000 for the SOAR Virtual School District; $1,750,000 to
The Presidio Trust; $5,000,000 to the STEM Education Research
Center; $10,000,000 to the Intrepid Museum Foundation;
$4,000,000 to the Go For Broke National Education Center;
$9,900,000 to the U.S.S. Missouri Memorial Association;
$4,000,000 to the Nimitz Center; $3,000,000 to Special Olympics
International; and $5,000,000 to the Paralympics Military
Program.
Sec. 8085. The Department of Defense and the Department of
the Army shall make future budgetary and programming plans to
fully finance the Non-Line of Sight Future Force cannon (NLOS-
C) and a compatible large caliber ammunition resupply
capability for this system supported by the Future Combat
Systems (FCS) Brigade Combat Team (BCT) in order to field this
system in fiscal year 2010: Provided, That the Army shall
develop the NLOS-C independent of the broader FCS development
timeline to achieve fielding by fiscal year 2010. In addition,
the Army will deliver five pre-production NLOS-C systems by the
end of calendar year 2008 and three pre-production NLOS-C
systems by the end of calendar year 2009. These systems shall
be in addition to those systems necessary for developmental and
operational testing.
Sec. 8086. The budget of the President for fiscal year 2010
submitted to the Congress pursuant to section 1105 of title 31,
United States Code, shall include separate budget justification
documents for costs of United States Armed Forces'
participation in contingency operations for the Military
Personnel accounts, the Operation and Maintenance accounts, and
the Procurement accounts: Provided, That these documents shall
include a description of the funding requested for each
contingency operation, for each military service, to include
all Active and Reserve components, and for each appropriations
account: Provided further, That these documents shall include
estimated costs for each element of expense or object class, a
reconciliation of increases and decreases for each contingency
operation, and programmatic data including, but not limited to,
troop strength for each Active and Reserve component, and
estimates of the major weapons systems deployed in support of
each contingency: Provided further, That these documents shall
include budget exhibits OP-5 and OP-32 (as defined in the
Department of Defense Financial Management Regulation) for all
contingency operations for the budget year and the two
preceding fiscal years.
Sec. 8087. None of the funds in this Act may be used for
research, development, test, evaluation, procurement or
deployment of nuclear armed interceptors of a missile defense
system.
Sec. 8088. Up to $2,500,000 of the funds appropriated under
the heading ``Operation and Maintenance, Navy'' in this Act for
the Pacific Missile Range Facility may be made available to
contract for the repair, maintenance, and operation of adjacent
off-base water, drainage, and flood control systems, electrical
upgrade to support additional missions critical to base
operations, and support for a range footprint expansion to
further guard against encroachment.
Sec. 8089. None of the funds appropriated or made available
in this Act shall be used to reduce or disestablish the
operation of the 53rd Weather Reconnaissance Squadron of the
Air Force Reserve, if such action would reduce the WC-130
Weather Reconnaissance mission below the levels funded in this
Act: Provided, That the Air Force shall allow the 53rd Weather
Reconnaissance Squadron to perform other missions in support of
national defense requirements during the non-hurricane season.
Sec. 8090. None of the funds provided in this Act shall be
available for integration of foreign intelligence information
unless the information has been lawfully collected and
processed during the conduct of authorized foreign intelligence
activities: Provided, That information pertaining to United
States persons shall only be handled in accordance with
protections provided in the Fourth Amendment of the United
States Constitution as implemented through Executive Order No.
12333.
Sec. 8091. (a) At the time members of reserve components of
the Armed Forces are called or ordered to active duty under
section 12302(a) of title 10, United States Code, each member
shall be notified in writing of the expected period during
which the member will be mobilized.
(b) The Secretary of Defense may waive the requirements of
subsection (a) in any case in which the Secretary determines
that it is necessary to do so to respond to a national security
emergency or to meet dire operational requirements of the Armed
Forces.
(INCLUDING TRANSFER OF FUNDS)
Sec. 8092. The Secretary of Defense may transfer funds from
any available Department of the Navy appropriation to any
available Navy ship construction appropriation for the purpose
of liquidating necessary changes resulting from inflation,
market fluctuations, or rate adjustments for any ship
construction program appropriated in law: Provided, That the
Secretary may transfer not to exceed $100,000,000 under the
authority provided by this section: Provided further, That the
Secretary may not transfer any funds until 30 days after the
proposed transfer has been reported to the Committees on
Appropriations of the House of Representatives and the Senate,
unless a response from the Committees is received sooner:
Provided further, That the transfer authority provided by this
section is in addition to any other transfer authority
contained elsewhere in this Act.
Sec. 8093. For purposes of section 612 of title 41, United
States Code, any subdivision of appropriations made under the
heading ``Shipbuilding and Conversion, Navy'' that is not
closed at the time reimbursement is made shall be available to
reimburse the Judgment Fund and shall be considered for the
same purposes as any subdivision under the heading
``Shipbuilding and Conversion, Navy'' appropriations in the
current fiscal year or any prior fiscal year.
Sec. 8094. (a) None of the funds appropriated by this Act may
be used to transfer research and development, acquisition, or
other program authority relating to current tactical unmanned
aerial vehicles (TUAVs) from the Army.
(b) The Army shall retain responsibility for and operational
control of the MQ-1C Sky Warrior Unmanned Aerial Vehicle (UAV)
in order to support the Secretary of Defense in matters
relating to the employment of unmanned aerial vehicles.
(c) None of the funds appropriated by this Act may be used to
institute an inter-Service common contract for acquisition of
MQ-1 or MQ-1C UAVs until 30 days after the Secretary of Defense
certifies to the congressional defense committees that a common
contract would achieve cost savings, be interoperable with, and
not create undue sustainment costs compared to the current
fleet.
Sec. 8095. None of the funds appropriated by this Act, and
hereafter, available for the Civilian Health and Medical
Program of the Uniformed Services (CHAMPUS) or TRICARE shall be
available for the reimbursement of any health care provider for
inpatient mental health service for care received when a
patient is referred to a provider of inpatient mental health
care or residential treatment care by a medical or health care
professional having an economic interest in the facility to
which the patient is referred: Provided, That this limitation
does not apply in the case of inpatient mental health services
provided under the program for persons with disabilities under
subsection (d) of section 1079 of title 10, United States Code,
provided as partial hospital care, or provided pursuant to a
waiver authorized by the Secretary of Defense because of
medical or psychological circumstances of the patient that are
confirmed by a health professional who is not a Federal
employee after a review, pursuant to rules prescribed by the
Secretary, which takes into account the appropriate level of
care for the patient, the intensity of services required by the
patient, and the availability of that care.
Sec. 8096. Of the funds provided in this Act, $10,000,000
shall be available for the operations and development of
training and technology for the Joint Interagency Training and
Education Center and the affiliated Center for National
Response at the Memorial Tunnel and for providing homeland
defense/security and traditional warfighting training to the
Department of Defense, other Federal agencies, and State and
local first responder personnel at the Joint Interagency
Training and Education Center.
Sec. 8097. Notwithstanding any other provision of law or
regulation, the Secretary of Defense may adjust wage rates for
civilian employees hired for certain health care occupations as
authorized for the Secretary of Veterans Affairs by section
7455 of title 38, United States Code.
Sec. 8098. The authority to conduct a continuing cooperative
program in the proviso in title II of Public Law 102-368 under
the heading ``Research, Development, Test and Evaluation,
Defense Agencies'' (106 Stat. 1121) shall be extended through
September 30, 2009 and hereafter, in cooperation with NELHA.
Sec. 8099. Up to $15,000,000 of the funds appropriated under
the heading, ``Operation and Maintenance, Navy'' may be made
available for the Asia Pacific Regional Initiative Program for
the purpose of enabling the Pacific Command to execute Theater
Security Cooperation activities such as humanitarian
assistance, and payment of incremental and personnel costs of
training and exercising with foreign security forces: Provided,
That funds made available for this purpose may be used,
notwithstanding any other funding authorities for humanitarian
assistance, security assistance or combined exercise expenses:
Provided further, That funds may not be obligated to provide
assistance to any foreign country that is otherwise prohibited
from receiving such type of assistance under any other
provision of law.
Sec. 8100. None of the funds appropriated by this Act for
programs of the Office of the Director of National Intelligence
shall remain available for obligation beyond the current fiscal
year, except for funds appropriated for research and
technology, which shall remain available until September 30,
2010.
Sec. 8101. Notwithstanding any other provision of this Act,
to reflect savings from revised economic assumptions, the total
amount appropriated in title II of this Act is hereby reduced
by $313,780,000, the total amount appropriated in title III of
this Act is hereby reduced by $298,000,000, and the total
amount appropriated in title IV of this Act is hereby reduced
by $218,000,000: Provided, That the Secretary of Defense shall
allocate this reduction proportionally to each budget activity,
activity group, subactivity group, and each program, project,
and activity, within each appropriation account.
Sec. 8102. For purposes of section 1553(b) of title 31,
United States Code, any subdivision of appropriations made in
this Act under the heading ``Shipbuilding and Conversion,
Navy'' shall be considered to be for the same purpose as any
subdivision under the heading ``Shipbuilding and Conversion,
Navy'' appropriations in any prior fiscal year, and the 1
percent limitation shall apply to the total amount of the
appropriation.
Sec. 8103. Notwithstanding any other provision of law, that
not more than 35 percent of funds provided in this Act for
environmental remediation may be obligated under indefinite
delivery/indefinite quantity contracts with a total contract
value of $130,000,000 or higher.
Sec. 8104. The Secretary of Defense shall create a major
force program category for space for the Future Years Defense
Program of the Department of Defense. The Secretary of Defense
shall designate an official in the Office of the Secretary of
Defense to provide overall supervision of the preparation and
justification of program recommendations and budget proposals
to be included in such major force program category.
Sec. 8105. During the current fiscal year and hereafter, none
of the funds appropriated or otherwise available to the
Department of Defense may be obligated or expended to provide
award fees to any defense contractor contrary to the provisions
of section 814 of the National Defense Authorization Act,
Fiscal Year 2007 (Public Law 109-364).
Sec. 8106. None of the funds appropriated or otherwise made
available by this or any other Act shall be obligated or
expended by the United States Government for a purpose as
follows:
(1) To establish any military installation or base
for the purpose of providing for the permanent
stationing of United States Armed Forces in Iraq.
(2) To exercise United States control over any oil
resource of Iraq.
Sec. 8107. Beginning with the fiscal year 2010 budget
request, the Director of National Intelligence shall include
the budget exhibits identified in paragraphs (1) and (2) as
described in the Department of Defense Financial Management
Regulation with the congressional budget justification books.
(1) For procurement programs requesting more than
$20,000,000 in any fiscal year, the P-1, Procurement
Program; P-5, Cost Analysis; P-5a, Procurement History
and Planning; P-21, Production Schedule; and P-40
Budget Item Justification.
(2) For research, development, test and evaluation
projects requesting more than $10,000,000 in any fiscal
year, the R-1, RDT&E Program; R-2, RDT&E Budget Item
Justification; R-3, RDT&E Project Cost Analysis; and R-
4, RDT&E Program Schedule Profile.
Sec. 8108. None of the funds made available in this Act may
be used in contravention of the following laws enacted or
regulations promulgated to implement the United Nations
Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (done at New York on December
10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law
105-277; 112 Stat. 2681-822; 8 U.S.C. 1231 note) and
regulations prescribed thereto, including regulations
under part 208 of title 8, Code of Federal Regulations,
and part 95 of title 22, Code of Federal Regulations.
(3) Sections 1002 and 1003 of the Department of
Defense, Emergency Supplemental Appropriations to
Address Hurricanes in the Gulf of Mexico, and Pandemic
Influenza Act, 2006 (Public Law 109-148).
Sec. 8109. Notwithstanding any other provision of law, none
of the funds made available in this Act may be used to pay
negotiated indirect cost rates on a contract, grant, or
cooperative agreement (or similar arrangement) entered into by
the Department of Defense and an entity in excess of 35 percent
of the total cost of the contract, grant, or agreement (or
similar arrangement): Provided, That this limitation shall
apply only to contracts, grants, or cooperative agreements
entered into after the date of the enactment of this Act using
funds made available in this Act for basic research.
Sec. 8110. The Secretary of Defense shall maintain on the
homepage of the Internet website of the Department of Defense a
direct link to the Internet website of the Office of Inspector
General of the Department of Defense.
Sec. 8111. (a) Not later than 60 days after enactment of this
Act, the Office of the Director of National Intelligence shall
submit a report to the congressional intelligence committees to
establish the baseline for application of reprogramming and
transfer authorities for fiscal year 2009: Provided, That the
report shall include--
(1) a table for each appropriation with a separate
column to display the President's budget request,
adjustments made by Congress, adjustments due to
enacted rescissions, if appropriate, and the fiscal
year enacted level;
(2) a delineation in the table for each appropriation
by Expenditure Center and project; and
(3) an identification of items of special
congressional interest.
(b) None of the funds provided for the National Intelligence
Program in this Act shall be available for reprogramming or
transfer until the report identified in subsection (a) is
submitted to the congressional intelligence committees, unless
the Director of National Intelligence certifies in writing to
the congressional intelligence committees that such
reprogramming or transfer is necessary as an emergency
requirement.
Sec. 8112. The Director of National Intelligence shall submit
to Congress each year, at or about the time that the
President's budget is submitted to Congress that year under
section 1105(a) of title 31, United States Code, a future-years
intelligence program (including associated annexes) reflecting
the estimated expenditures and proposed appropriations included
in that budget. Any such future-years intelligence program
shall cover the fiscal year with respect to which the budget is
submitted and at least the four succeeding fiscal years.
Sec. 8113. For the purposes of this Act, the term
``congressional intelligence committees'' means the Permanent
Select Committee on Intelligence of the House of
Representatives, the Select Committee on Intelligence of the
Senate, the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives, and the
Subcommittee on Defense of the Committee on Appropriations of
the Senate.
Sec. 8114. The Department of Defense shall continue to report
incremental contingency operations costs for Operation Iraqi
Freedom and Operation Enduring Freedom on a monthly basis in
the Cost of War Execution Report as prescribed in the
Department of Defense Financial Management Regulation
Department of Defense Instruction 7000.14, Volume 12, Chapter
23 ``Contingency Operations'', Annex 1, dated September 2005.
Sec. 8115. Horsham Joint Interagency Installation.--
(a) Establishment of Installation.--The Horsham Joint
Interagency Installation located in Horsham Township,
Montgomery County, Pennsylvania is hereby established. Pursuant
to Section 3703 of the U.S. Troop Readiness, Veterans' Care,
Katrina Recovery, and Iraq Accountability Appropriations Act
(121 Stat. 145), at a time determined by the Secretary of the
Navy, or upon completion of the associated Defense Base Closure
and Realignment Commission recommendations, the Secretary of
the Navy shall, notwithstanding any other provision of law,
transfer to the Secretary of the Air Force, at no cost, all
designated lands, easements, Air Installation Compatible Use
Zones, and facilities at NASJRB Willow Grove. The airfield at
the Horsham Joint Interagency Installation shall be known as
``Pitcairn-Willow Grove Field''.
(b) Transfer to Commonwealth of Pennsylvania.--
Notwithstanding any other provision of law, the Secretary of
the Air Force shall convey all of the Navy property transferred
to the Air Force, as well as excess Air Force property at the
Willow Grove Air Reserve Station, to the Commonwealth of
Pennsylvania, at no cost, for operation of the Horsham Joint
Interagency Installation so long as it is used continuously as
the Horsham Joint Interagency Installation. In the event the
property is no longer used for the Horsham Joint Interagency
Installation, it shall revert to the Department of Defense.
Installation property conveyed to the Commonwealth of
Pennsylvania may not be reconveyed, but may be leased,
subleased, or licensed by the Commonwealth, for any agreed upon
term, for use by the United States, its agencies or
instrumentalities, at terms agreeable to the United States, or
to State or local government agencies, or other associated
users.
(INCLUDING TRANSFER OF FUNDS)
Sec. 8116. (a) Stop-Loss Special Pay.--In addition to the
amounts appropriated or otherwise made available elsewhere in
this Act, $72,000,000 is hereby appropriated to the Secretary
of Defense to carry out this section. Such amount shall be made
available to the Secretaries of the military departments only
to provide special pay during fiscal year 2009 to members of
the Army, Navy, Air Force, and Marine Corps, including members
of their reserve components who at any time during fiscal year
2009, serve on active duty while the members' enlistment or
period of obligated service is extended, or whose eligibility
for retirement is suspended, pursuant to section 123 or 12305
of title 10, United States Code, or any other provision of law
(commonly referred to as a ``stop-loss authority'') authorizing
the President to extend an enlistment or period of obligated
service, or suspend an eligibility for retirement, of a member
of the uniformed services in time of war or of national
emergency declared by Congress or the President.
(b) Special Pay Amount.--The amount of the special pay paid
under subsection (a) to or on behalf of an eligible member may
not exceed $500 per month for each month or portion of a month
during fiscal year 2009 that the member is retained on active
duty as a result of application of the stop-loss authority.
(c) Implementation Plan.--Before obligating or expending any
of the funds made available under subsection (a), the Secretary
of Defense shall submit to the Committees on Appropriations of
the House of Representatives and the Senate a report containing
a plan for the provision of the special pay authorized by this
section.
Sec. 8117. Section 3287 of title 18, United States Code, is
amended--
(1) by inserting ``or Congress has enacted a specific
authorization for the use of the Armed Forces, as
described in section 5(b) of the War Powers Resolution
(50 U.S.C. 1544(b)),'' after ``is at war'';
(2) by inserting ``or directly connected with or
related to the authorized use of the Armed Forces''
after ``prosecution of the war'';
(3) by striking ``three years'' and inserting ``5
years'';
(4) by striking ``proclaimed by the President'' and
inserting ``proclaimed by a Presidential proclamation,
with notice to Congress,''; and
(5) by adding at the end the following: ``For
purposes of applying such definitions in this section,
the term `war' includes a specific authorization for
the use of the Armed Forces, as described in section
5(b) of the War Powers Resolution (50 U.S.C.
1544(b)).''.
Sec. 8118. Incentives for Additional Downblending of Highly
Enriched Uranium by the Russian Federation. The USEC
Privatization Act (42 U.S.C. 2297h et seq.) is amended--
(1) in section 3102, by striking ``For purposes'' and
inserting ``Except as provided in section 3112A, for
purposes''; and
(2) by inserting after section 3112 the following:
``SEC. 3112A. INCENTIVES FOR ADDITIONAL DOWNBLENDING OF HIGHLY ENRICHED
URANIUM BY THE RUSSIAN FEDERATION.
``(a) Definitions.--In this section:
``(1) Completion of the russian heu agreement.--The
term `completion of the Russian HEU Agreement' means
the importation into the United States from the Russian
Federation pursuant to the Russian HEU Agreement of
uranium derived from the downblending of not less than
500 metric tons of highly enriched uranium of weapons
origin.
``(2) Downblending.--The term `downblending' means
processing highly enriched uranium into a uranium
product in any form in which the uranium contains less
than 20 percent uranium-235.
``(3) Highly enriched uranium.--The term `highly
enriched uranium' has the meaning given that term in
section 3102(4).
``(4) Highly enriched uranium of weapons origin.--The
term `highly enriched uranium of weapons origin' means
highly enriched uranium that--
``(A) contains 90 percent or more uranium-
235; and
``(B) is verified by the Secretary of Energy
to be of weapons origin.
``(5) Low-enriched uranium.--The term `low-enriched
uranium' means a uranium product in any form, including
uranium hexafluoride (UF<INF>6</INF>) and uranium oxide
(UO<INF>2</INF>), in which the uranium contains less
than 20 percent uranium-235, including natural uranium,
without regard to whether the uranium is incorporated
into fuel rods or complete fuel assemblies.
``(6) Russian heu agreement.--The term `Russian HEU
Agreement' has the meaning given that term in section
3102(11).
``(7) Uranium-235.--The term `uranium-235' means the
isotope \235\U.
``(b) Statement of Policy.--It is the policy of the United
States to support the continued downblending of highly enriched
uranium of weapons origin in the Russian Federation in order to
protect the essential security interests of the United States
with respect to the nonproliferation of nuclear weapons.
``(c) Promotion of Downblending of Russian Highly Enriched
Uranium.--
``(1) Completion of the russian heu agreement.--Prior
to the completion of the Russian HEU Agreement, the
importation into the United States of low-enriched
uranium, including low-enriched uranium obtained under
contracts for separative work units, that is produced
in the Russian Federation and is not imported pursuant
to the Russian HEU Agreement, may not exceed the
following amounts:
``(A) In the 4-year period beginning with
calendar year 2008, 16,559 kilograms.
``(B) In calendar year 2012, 24,839
kilograms.
``(C) In calendar year 2013 and each calendar
year thereafter through the calendar year of
the completion of the Russian HEU Agreement,
41,398 kilograms.
``(2) Incentives to continue downblending russian
highly enriched uranium after the completion of the
russian heu agreement.--
``(A) In general.--After the completion of
the Russian HEU Agreement, the importation into
the United States of low-enriched uranium,
including low-enriched uranium obtained under
contracts for separative work units, that is
produced in the Russian Federation, whether or
not such low-enriched uranium is derived from
highly enriched uranium of weapons origin, may
not exceed--
``(i) in calendar year 2014, 485,279
kilograms;
``(ii) in calendar year 2015, 455,142
kilograms;
``(iii) in calendar year 2016,
480,146 kilograms;
``(iv) in calendar year 2017, 490,710
kilograms;
``(v) in calendar year 2018, 492,731
kilograms;
``(vi) in calendar year 2019, 509,058
kilograms; and
``(vii) in calendar year 2020,
514,754 kilograms.
``(B) Additional imports in exchange for a
commitment to downblend an additional 300
metric tons of highly enriched uranium.--
``(i) In general.--In addition to the
amount authorized to be imported under
subparagraph (A) and except as provided
in clause (ii), if the Russian
Federation enters into a bilateral
agreement with the United States under
which the Russian Federation agrees to
downblend an additional 300 metric tons
of highly enriched uranium after the
completion of the Russian HEU
Agreement, 4 kilograms of low-enriched
uranium, whether or not such low-
enriched uranium is derived from highly
enriched uranium of weapons origin and
including low-enriched uranium obtained
under contracts for separative work
units, may be imported in a calendar
year for every 1 kilogram of Russian
highly enriched uranium of weapons
origin that was downblended in the
preceding calendar year, subject to the
verification of the Secretary of Energy
under paragraph (10).
``(ii) Maximum annual imports.--Not
more than 120,000 kilograms of low-
enriched uranium may be imported in a
calendar year under clause (i).
``(3) Exceptions.--The import limitations described
in paragraphs (1) and (2) shall not apply to low-
enriched uranium produced in the Russian Federation
that is imported into the United States--
``(A) for use in the initial core of a new
nuclear reactor;
``(B) for processing and to be certified for
reexportation and not for consumption in the
United States; or
``(C) to be added to the inventory of the
Department of Energy.
``(4) Limited waiver authority.--
``(A) In general.--Notwithstanding paragraph
(1)(C), if the completion of the Russian HEU
Agreement does not occur before December 31,
2013, the import limitations under paragraph
(1)(C) shall be waived, and low-enriched
uranium may be imported into the United States
in the quantities specified in paragraph (2) in
a calendar year after 2013, if--
``(i) the Secretary of Energy and the
Secretary of State jointly determine
that--
``(I) the failure of the
completion of the Russian HEU
Agreement arises from causes
beyond the control and without
the fault or negligence of the
Government of the Russian
Federation; and
``(II) the Government of the
Russian Federation has made
reasonable efforts to avoid and
mitigate the effects of the
failure of the completion of
the Russian HEU Agreement; and
``(ii) the Secretary of Energy and
the Secretary of State jointly notify
Congress of, and publish in the Federal
Register, the determination under
clause (i) and the reasons for the
determination.
``(B) Notice and wait.--A waiver under
subparagraph (A) may not take effect until the
date that is 180 days after the date on which
Secretary of Energy and the Secretary of State
notify Congress under subparagraph (A)(ii).
``(C) Termination.--A waiver under
subparagraph (A) shall terminate on December 31
of the calendar year with respect to which the
Secretary makes the determination under
subparagraph (A)(i).
``(5) Adjustments to import limitations.--
``(A) In general.--The import limitations
described in paragraph (2)(A) are based on the
reference data in the 2005 Market Report on the
Global Nuclear Fuel Market Supply and Demand
2005-2030 of the World Nuclear Association. In
each of calendar years 2016 and 2019, the
Secretary of Commerce shall review the
projected demand for uranium for nuclear
reactors in the United States and adjust the
import limitations described in paragraph
(2)(A) to account for changes in such demand in
years after the year in which that report or a
subsequent report is published.
``(B) Incentive adjustment.--Beginning in the
second calendar year after the calendar year of
the completion of the Russian HEU Agreement,
the Secretary of Energy shall increase or
decrease the amount of low-enriched uranium
that may be imported in a calendar year under
paragraph (2)(B) (including the amount of low-
enriched uranium that may be imported for each
kilogram of highly enriched uranium downblended
under paragraph (2)(B)(i)) by a percentage
equal to the percentage increase or decrease,
as the case may be, in the average amount of
uranium loaded into nuclear power reactors in
the United States in the most recent 3-
calendar-year period for which data are
available, as reported by the Energy
Information Administration of the Department of
Energy, compared to the average amount of
uranium loaded into such reactors during the 3-
calendar-year period beginning on January 1,
2011, as reported by the Energy Information
Administration.
``(C) Publication of adjustments.--As soon as
practicable, but not later than July 31 of each
calendar year, the Secretary of Energy shall
publish in the Federal Register the amount of
low-enriched uranium that may be imported in
the current calendar year after the adjustments
under subparagraph (B).
``(6) Authority for additional adjustment.--In
addition to the adjustment under paragraph (5)(A), the
Secretary of Commerce may adjust the import limitations
under paragraph (2)(A) for a calendar year if the
Secretary--
``(A) in consultation with the Secretary of
Energy, determines that the available supply of
low-enriched uranium and the available
stockpiles of uranium of the Department of
Energy are insufficient to meet demand in the
United States in the following calendar year;
and
``(B) notifies Congress of the adjustment not
less than 45 days before making the adjustment.
``(7) Equivalent quantities of low-enriched uranium
imports.--
``(A) In general.--The import limitations
described in paragraphs (1) and (2) are
expressed in terms of uranium containing 4.4
percent uranium-235 and a tails assay of 0.3
percent.
``(B) Adjustment for other uranium.--Imports
of low-enriched uranium under paragraphs (1)
and (2), including low-enriched uranium
obtained under contracts for separative work
units, shall count against the import
limitations described in such paragraphs in
amounts calculated as the quantity of low-
enriched uranium containing 4.4 percent
uranium-235 necessary to equal the total amount
of uranium-235 contained in such imports.
``(8) Downblending of other highly enriched
uranium.--
``(A) In general.--The downblending of highly
enriched uranium not of weapons origin may be
counted for purposes of paragraph (2)(B),
subject to verification under paragraph (10),
if the Secretary of Energy determines that the
highly enriched uranium to be downblended poses
a risk to the national security of the United
States.
``(B) Equivalent quantities of highly
enriched uranium.--For purposes of determining
the additional low-enriched uranium imports
allowed under paragraph (2)(B), highly enriched
uranium not of weapons origin downblended
pursuant to subparagraph (A) shall count as
downblended highly enriched uranium of weapons
origin in amounts calculated as the quantity of
highly enriched uranium containing 90 percent
uranium-235 necessary to equal the total amount
of uranium-235 contained in the highly enriched
uranium not of weapons origin downblended
pursuant to subparagraph (A).
``(9) Termination of import restrictions.--The
provisions of this subsection shall terminate on
December 31, 2020.
``(10) Technical verifications by secretary of
energy.--
``(A) In general.--The Secretary of Energy
shall verify the origin, quantity, and uranium-
235 content of the highly enriched uranium
downblended for purposes of paragraphs (2)(B)
and (8).
``(B) Methods of verification.--In conducting
the verification required under subparagraph
(A), the Secretary of Energy shall employ the
transparency measures and access provisions
agreed to under the Russian HEU Agreement for
monitoring the downblending of Russian highly
enriched uranium of weapons origin and such
other methods as the Secretary determines
appropriate.
``(11) Enforcement of import limitations.--The
Secretary of Commerce shall be responsible for
enforcing the import limitations imposed under this
subsection and shall enforce such import limitations in
a manner that imposes a minimal burden on the
commercial nuclear industry.
``(12) Effect on other agreements.--
``(A) Russian heu agreement.--Nothing in this
section shall be construed to modify the terms
of the Russian HEU Agreement, including the
provisions of the Agreement relating to the
amount of low-enriched uranium that may be
imported into the United States.
``(B) Other agreements.--If a provision of
any agreement between the United States and the
Russian Federation, other than the Russian HEU
Agreement, relating to the importation of low-
enriched uranium, including low-enriched
uranium obtained under contracts for separative
work units, into the United States conflicts
with a provision of this section, the provision
of this section shall supersede the provision
of the agreement to the extent of the
conflict.''.
Sec. 8119. The amounts appropriated in title II of this Act
are hereby reduced by $859,000,000 to reflect excess cash
balances in Department of Defense Working Capital Funds, as
follows:
(1) From ``Operation and Maintenance, Army'',
$823,000,000; and
(2) From ``Operation and Maintenance, Air Force'',
$36,000,000.
This division may be cited as the ``Department of Defense
Appropriations Act, 2009''.
DIVISION D--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2009
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Department of
Homeland Security for the fiscal year ending September 30,
2009, and for other purposes, namely:
TITLE I
DEPARTMENTAL MANAGEMENT AND OPERATIONS
Office of the Secretary and Executive Management
For necessary expenses of the Office of the Secretary of
Homeland Security, as authorized by section 102 of the Homeland
Security Act of 2002 (6 U.S.C. 112), and executive management
of the Department of Homeland Security, as authorized by law,
$123,456,000: Provided, That not to exceed $60,000 shall be for
official reception and representation expenses, of which
$20,000 shall be made available to the Office of Policy solely
to host Visa Waiver Program negotiations in Washington, DC:
Provided further, That within 15 days after the end of each
quarter of the fiscal year, the Secretary shall submit to the
Committees on Appropriations of the Senate and House of
Representatives and to the Government Accountability Office a
report of each instance where a request by the Government
Accountability Office for access to Department of Homeland
Security records was not granted within 20 calendar days and
Government Accountability Office requests for interviews with
Department of Homeland Security employees were not granted
within seven calendar days: Provided further, That $15,000,000
shall not be available for obligation until the second
quarterly report detailed in the previous proviso is submitted
to the Committees on Appropriations of the Senate and House of
Representatives: Provided further, That $10,000,000 shall not
be available for obligation until the Secretary of Homeland
Security, in coordination with the Administrator of the Federal
Emergency Management Agency, certifies to the Committees on
Appropriations of the Senate and the House of Representatives
that processes to incorporate stakeholder input for grant
guidance development and award distribution have been: (1)
developed to ensure transparency and increased consultation
about security needs for all-hazards; (2) formalized and made
clear to stakeholders; and (3) formalized to ensure future use
for each fiscal year.
Office of the Under Secretary for Management
For necessary expenses of the Office of the Under Secretary
for Management, as authorized by sections 701 through 705 of
the Homeland Security Act of 2002 (6 U.S.C. 341 through 345),
$191,793,000, of which not to exceed $3,000 shall be for
official reception and representation expenses: Provided, That
of the total amount, $6,000,000 shall remain available until
expended solely for the alteration and improvement of
facilities, tenant improvements, and relocation costs to
consolidate Department headquarters operations at the Nebraska
Avenue Complex; and $17,131,000 shall remain available until
expended for the Human Resources Information Technology
program.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, as authorized by section 103 of the Homeland Security
Act of 2002 (6 U.S.C. 113), $55,235,000, of which $11,000,000
shall remain available until expended for financial systems
consolidation efforts.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, as authorized by section 103 of the Homeland Security
Act of 2002 (6 U.S.C. 113), and Department-wide technology
investments, $272,169,000; of which $86,928,000 shall be
available for salaries and expenses; and of which $185,241,000,
to remain available until expended, shall be available for
development and acquisition of information technology
equipment, software, services, and related activities for the
Department of Homeland Security, of which not less than
$23,830,000 shall be available for data center development and
an additional $22,300,000 shall be available to support costs
of transition to the National Center for Critical Information
Processing and Storage: Provided, That $100,000,000 of the
total amount appropriated under this heading shall not be
available for obligation until the Committees on Appropriations
of the Senate and the House of Representatives receive the
report on data center transition: Provided further, That none
of the funds appropriated shall be used to support or
supplement the appropriations provided for the United States
Visitor and Immigrant Status Indicator Technology project or
the Automated Commercial Environment: Provided further, That
the Chief Information Officer shall submit to the Committees on
Appropriations of the Senate and the House of Representatives,
not more than 60 days after the date of enactment of this Act,
an expenditure plan for all information technology acquisition
projects that: (1) are funded under this heading; or (2) are
funded by multiple components of the Department of Homeland
Security through reimbursable agreements: Provided further,
That such expenditure plan shall include each specific project
funded, key milestones, all funding sources for each project,
details of annual and lifecycle costs, and projected cost
savings or cost avoidance to be achieved by the project.
Analysis and Operations
For necessary expenses for information analysis and
operations coordination activities, as authorized by title II
of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.),
$327,373,000, of which not to exceed $5,000 shall be for
official reception and representation expenses; and of which
$215,745,000 shall remain available until September 30, 2010.
Office of the Federal Coordinator for Gulf Coast Rebuilding
For necessary expenses of the Office of the Federal
Coordinator for Gulf Coast Rebuilding, $1,900,000.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of
1978 (5 U.S.C. App.), $98,513,000, of which not to exceed
$150,000 may be used for certain confidential operational
expenses, including the payment of informants, to be expended
at the direction of the Inspector General.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
SALARIES AND EXPENSES
For necessary expenses for enforcement of laws relating to
border security, immigration, customs, agricultural inspections
and regulatory activities related to plant and animal imports,
and transportation of unaccompanied minor aliens; purchase and
lease of up to 6,300 (3,300 for replacement only) police-type
vehicles; and contracting with individuals for personal
services abroad; $7,603,206,000, of which $3,154,000 shall be
derived from the Harbor Maintenance Trust Fund for
administrative expenses related to the collection of the Harbor
Maintenance Fee pursuant to section 9505(c)(3) of the Internal
Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and notwithstanding
section 1511(e)(1) of the Homeland Security Act of 2002 (6
U.S.C. 551(e)(1)); of which not to exceed $45,000 shall be for
official reception and representation expenses; of which not
less than $271,679,000 shall be for Air and Marine Operations;
of which $4,500,000 shall be for the 2010 Olympics Coordination
Center, of which not to exceed $2,000,000 shall be available
until September 30, 2010; of which $2,000,000 shall be for
Project SeaHawk; of which such sums as become available in the
Customs User Fee Account, except sums subject to section
13031(f)(3) of the Consolidated Omnibus Budget Reconciliation
Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that
account; of which not to exceed $150,000 shall be available for
payment for rental space in connection with preclearance
operations; and of which not to exceed $1,000,000 shall be for
awards of compensation to informants, to be accounted for
solely under the certificate of the Secretary of Homeland
Security: Provided, That for fiscal year 2009, the overtime
limitation prescribed in section 5(c)(1) of the Act of February
13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000; and
notwithstanding any other provision of law, none of the funds
appropriated by this Act may be available to compensate any
employee of U.S. Customs and Border Protection for overtime,
from whatever source, in an amount that exceeds such
limitation, except in individual cases determined by the
Secretary of Homeland Security, or the designee of the
Secretary, to be necessary for national security purposes, to
prevent excessive costs, or in cases of immigration
emergencies: Provided further, That no funding available under
this heading may be obligated for the operation of the
Analytical Framework for Intelligence Officers until the
Commissioner of U.S. Customs and Border Protection certifies
that this Framework complies with all applicable laws,
including section 552a of title 5, United States Code, and
other laws protecting privacy, and such certification is
reviewed by the Inspector General of the Department of Homeland
Security: Provided further, That the Commissioner shall submit
to the Committees on Appropriations of the Senate and the House
of Representatives the results of operational field testing of
cargo container security devices in high risk trade lanes no
later than 120 days after the date of enactment of this Act.
automation modernization
For expenses for U.S. Customs and Border Protection automated
systems, $511,334,000, to remain available until expended, of
which not less than $316,851,000 shall be for the development
of the Automated Commercial Environment: Provided, That of the
total amount made available under this heading, $216,851,000
may not be obligated for the Automated Commercial Environment
program until 30 days after the Committees on Appropriations of
the Senate and the House of Representatives receive a report on
the results to date and plans for the program from the
Department of Homeland Security.
border security fencing, infrastructure, and technology
For expenses for customs and border protection fencing,
infrastructure, and technology, $775,000,000, to remain
available until expended: Provided, That of the amount provided
under this heading, $400,000,000 shall not be obligated until
the Committees on Appropriations of the Senate and the House of
Representatives receive and approve a plan for expenditure,
prepared by the Secretary of Homeland Security and submitted
not later than 90 days after the date of the enactment of this
Act, for a program to establish and maintain a security barrier
along the borders of the United States of fencing and vehicle
barriers, where practicable, and other forms of tactical
infrastructure and technology, that includes the following--
(1) a detailed accounting of the program's
implementation to date for all investments, including
technology and tactical infrastructure, for funding
already expended relative to system capabilities or
services, system performance levels, mission benefits
and outcomes, milestones, cost targets, program
management capabilities, identification of the maximum
investment, including life cycle costs, related to the
Secure Border Initiative program or any successor
program, and description of the methodology used to
obtain these cost figures;
(2) a description of how specific projects will
further the objectives of the Secure Border Initiative,
as defined in the Department of Homeland Security
Secure Border Plan, and how the expenditure plan
allocates funding to the highest priority border
security needs;
(3) an explicit plan of action defining how all funds
are to be obligated to meet future program commitments,
with the planned expenditure of funds linked to the
milestone-based delivery of specific capabilities,
services, performance levels, mission benefits and
outcomes, and program management capabilities;
(4) an identification of staffing, including full-
time equivalents, contractors, and detailees, by
program office;
(5) a description of how the plan addresses security
needs at the Northern border and ports of entry,
including infrastructure, technology, design and
operations requirements, specific locations where
funding would be used, and priorities for Northern
border activities;
(6) a report on budget, obligations and expenditures,
the activities completed, and the progress made by the
program in terms of obtaining operational control of
the entire border of the United States;
(7) a listing of all open Government Accountability
Office and the Office of Inspector General
recommendations related to the program and the status
of Department of Homeland Security actions to address
the recommendations, including milestones to fully
address such recommendations;
(8) a certification by the Chief Procurement Officer
of the Department that the program: (a) has been
reviewed and approved in accordance with the investment
management process of the Department, and that the
process fulfills all capital planning and investment
control requirements and reviews established by the
Office of Management and Budget, including as provided
in Circular A-11, part 7; (b) that the plans for the
program comply with the Federal acquisition rules,
requirements, guidelines, and practices, and a
description of the actions being taken to address areas
of non-compliance, the risks associated with such
actions, together with any plans for addressing these
risks, and the status of the implementation of such
actions; (c) that procedures to prevent conflicts of
interest between the prime integrator and major
subcontractors are established and that the Secure
Border Initiative Program Office has adequate staff and
resources to effectively manage the Secure Border
Initiative program, all contracts, including the
exercise of technical oversight; and (d) the
certifications required under this paragraph should be
accompanied by all documents or memoranda, as well as
documentation and a description of the investment
review processes used to obtain such certifications;
(9) a certification by the Chief Information Officer
of the Department that: (a) the system architecture of
the program is sufficiently aligned with the
information systems enterprise architecture of the
Department to minimize future rework, including a
description of all aspects of the architectures that
were or were not assessed in making the alignment
determination, the date of the alignment determination,
and any known areas of misalignment together with the
associated risks and corrective actions to address any
such areas; (b) the program has a risk management
process that regularly and proactively identifies,
evaluates, mitigates, and monitors risks throughout the
system life cycle and communicates high-risk conditions
to U.S. Customs and Border Protection and Department of
Homeland Security investment decision-makers, as well
as a listing of all the program's high risks and the
status of efforts to address such risks; (c) an
independent verification and validation agent is
currently under contract for the projects funded under
this heading; and (d) the certification required under
this paragraph should be accompanied by all documents
or memoranda, as well as documentation and a
description of the investment review processes used to
obtain such certification;
(10) a certification by the Chief Human Capital
Officer of the Department that the human capital needs
of the Secure Border Initiative program are being
addressed so as to ensure adequate staff and resources
to effectively manage the Secure Border Initiative,
together with a description of SBI staffing priorities;
(11) an analysis by the Secretary for each segment,
defined as not more than 15 miles, of fencing or
tactical infrastructure, of the selected approach
compared to other, alternative means of achieving
operational control, and such analysis should include
cost, level of operational control, possible unintended
effects on communities, and other factors critical to
the decision making process; and
(12) is reviewed by the Government Accountability
Office:
Provided further, That the Secretary shall report to the
Committees on Appropriations of the Senate and the House of
Representatives on program progress, and obligations and
expenditures for all outstanding task orders as well as
specific objectives to be achieved through the award of current
and remaining task orders planned for the balance of available
appropriations at least 15 days before the award of any task
order requiring an obligation of funds in an amount greater
than $25,000,000 and before the award of a task order that
would cause cumulative obligations of funds to exceed 50
percent of the total amount appropriated: Provided further,
That none of the funds provided under this heading may be
obligated unless the Department has complied with section
102(b)(1)(C)(i) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1103 note), and the
Secretary certifies such to the Committees on Appropriations of
the Senate and the House of Representatives: Provided further,
That none of the funds under this heading may be obligated for
any project or activity for which the Secretary has exercised
waiver authority pursuant to section 102(c) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1103 note) until 15 days have elapsed from the date of
the publication of the decision in the Federal Register:
Provided further, That notwithstanding the previous provisos,
$100,000,000 of the amount provided under this heading shall be
made available for obligation upon enactment of this Act
without restriction.
AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT
For necessary expenses for the operations, maintenance, and
procurement of marine vessels, aircraft, unmanned aircraft
systems, and other related equipment of the air and marine
program, including operational training and mission-related
travel, and rental payments for facilities occupied by the air
or marine interdiction and demand reduction programs, the
operations of which include the following: the interdiction of
narcotics and other goods; the provision of support to Federal,
State, and local agencies in the enforcement or administration
of laws enforced by the Department of Homeland Security; and at
the discretion of the Secretary, the provision of assistance to
Federal, State, and local agencies in other law enforcement and
emergency humanitarian efforts, $528,000,000, to remain
available until expended, of which $5,000,000 shall be to
address private aircraft enforcement system noncompliance as
specified in House Report 110-862: Provided, That no aircraft
or other related equipment, with the exception of aircraft that
are one of a kind and have been identified as excess to U.S.
Customs and Border Protection requirements and aircraft that
have been damaged beyond repair, shall be transferred to any
other Federal agency, department, or office outside of the
Department of Homeland Security during fiscal year 2009 without
the prior approval of the Committees on Appropriations of the
Senate and the House of Representatives: Provided further, That
of the total amount made available under this heading,
$18,000,000 shall not be obligated until the Secretary notifies
the Committees on Appropriations of the Senate and House of
Representatives that the Department of Homeland Security has
implemented the concept of operations described in section 544
of this Act.
CONSTRUCTION
For necessary expenses to plan, construct, renovate, equip,
and maintain buildings and facilities necessary for the
administration and enforcement of the laws relating to customs
and immigration, $403,201,000, to remain available until
expended, of which $39,700,000 shall be for the Advanced
Training Center: Provided, That for fiscal year 2010 and
thereafter, the annual budget submission of U.S. Customs and
Border Protection for ``Construction'' shall, in consultation
with the General Services Administration, include a detailed 5-
year plan for all Federal land border port of entry projects
with a yearly update of total projected future funding needs.
U.S. Immigration and Customs Enforcement
SALARIES AND EXPENSES
For necessary expenses for enforcement of immigration and
customs laws, detention and removals, and investigations; and
purchase and lease of up to 3,790 (2,350 for replacement only)
police-type vehicles; $4,927,210,000, of which not to exceed
$7,500,000 shall be available until expended for conducting
special operations under section 3131 of the Customs
Enforcement Act of 1986 (19 U.S.C. 2081); of which not to
exceed $15,000 shall be for official reception and
representation expenses; of which not to exceed $1,000,000
shall be for awards of compensation to informants, to be
accounted for solely under the certificate of the Secretary of
Homeland Security; of which not less than $305,000 shall be for
promotion of public awareness of the child pornography tipline
and anti-child exploitation activities; of which not less than
$5,400,000 shall be used to facilitate agreements consistent
with section 287(g) of the Immigration and Nationality Act (8
U.S.C. 1357(g)); and of which not to exceed $11,216,000 shall
be available to fund or reimburse other Federal agencies for
the costs associated with the care, maintenance, and
repatriation of smuggled aliens unlawfully present in the
United States: Provided, That none of the funds made available
under this heading shall be available to compensate any
employee for overtime in an annual amount in excess of $35,000,
except that the Secretary of Homeland Security, or the designee
of the Secretary, may waive that amount as necessary for
national security purposes and in cases of immigration
emergencies: Provided further, That of the total amount
provided, $15,770,000 shall be for activities in fiscal year
2009 to enforce laws against forced child labor, of which not
to exceed $6,000,000 shall remain available until expended:
Provided further, That of the total amount available, not less
than $1,000,000,000, of which $150,000,000 shall remain
available until September 30, 2010, shall be available to
identify aliens convicted of a crime, and who may be
deportable, and to remove them from the United States once they
are judged deportable: Provided further, That the Secretary, or
the designee of the Secretary, shall report to the Committees
on Appropriations of the Senate and the House of
Representatives, at least quarterly, on progress implementing
the preceding proviso, and the funds obligated during that
quarter to make that progress: Provided further, That the
Secretary shall prioritize the identification and removal of
aliens convicted of a crime by the severity of that crime:
Provided further, That of the total amount provided, not less
than $2,481,213,000 is for detention and removal operations,
including transportation of unaccompanied minor aliens:
Provided further, That of the total amount provided, $6,800,000
shall remain available until September 30, 2010, for the Visa
Security Program: Provided further, That none of the funds
provided under this heading may be used to continue a
delegation of law enforcement authority authorized under
section 287(g) of the Immigration and Nationality Act (8 U.S.C.
1357(g)) if the Department of Homeland Security Inspector
General determines that the terms of the agreement governing
the delegation of authority have been violated: Provided
further, That effective April 15, 2009, none of the funds
provided under this heading may be used to continue any
contract for the provision of detention services if the two
most recent overall performance evaluations received by the
contracted facility are less than ``adequate'' or the
equivalent median score in any subsequent performance
evaluation system: Provided further, That the Secretary shall
submit to the Committees on Appropriations of the Senate and
the House of Representatives, not later than January 5, 2009, a
plan for nationwide implementation of the Alternatives to
Detention program that identifies: (1) the funds required for
nationwide program implementation; (2) the timeframe for
achieving nationwide program implementation; and (3) an
estimate of the number of individuals who could be enrolled in
a nationwide program: Provided further, That nothing under this
heading shall prevent U.S. Immigation and Customs Enforcement
from exercising those authorities provided under immigration
laws (as defined in section 101(a)(17) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(17))) during priority
operations pertaining to aliens convicted of a crime.
FEDERAL PROTECTIVE SERVICE
The revenues and collections of security fees credited to
this account shall be available until expended for necessary
expenses related to the protection of federally-owned and
leased buildings and for the operations of the Federal
Protective Service: Provided, That the Secretary of Homeland
Security and the Director of the Office of Management and
Budget shall certify in writing to the Committees on
Appropriations of the Senate and the House of Representatives
no later than December 31, 2008, that the operations of the
Federal Protective Service will be fully funded in fiscal year
2009 through revenues and collection of security fees, and
shall adjust the fees to ensure fee collections are sufficient
to ensure that the Federal Protective Service maintains not
fewer than 1,200 full-time equivalent staff and 900 full-time
equivalent Police Officers, Inspectors, Area Commanders, and
Special Agents who, while working, are directly engaged on a
daily basis protecting and enforcing laws at Federal buildings
(referred to as ``in-service field staff'').
AUTOMATION MODERNIZATION
For expenses of immigration and customs enforcement automated
systems, $57,000,000, to remain available until expended:
Provided, That of the funds made available under this heading,
$5,000,000 shall not be obligated until the Committees on
Appropriations of the Senate and the House of Representatives
receive an expenditure plan prepared by the Secretary of
Homeland Security.
construction
For necessary expenses to plan, construct, renovate, equip,
and maintain buildings and facilities necessary for the
administration and enforcement of the laws relating to customs
and immigration, $5,000,000, to remain available until
expended: Provided, That none of the funds made available under
this heading may be used to solicit or consider any request to
privatize facilities currently owned by the United States
Government and used to detain aliens unlawfully present in the
United States until the Committees on Appropriations of the
Senate and the House of Representatives receive a plan for
carrying out that privatization.
Transportation Security Administration
AVIATION SECURITY
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Transportation Security
Administration related to providing civil aviation security
services pursuant to the Aviation and Transportation Security
Act (Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note),
$4,754,518,000, to remain available until September 30, 2010,
of which not to exceed $10,000 shall be for official reception
and representation expenses: Provided, That of the total amount
made available under this heading, not to exceed $3,935,710,000
shall be for screening operations, of which $621,106,000 shall
be available for explosives detection systems; and not to
exceed $798,808,000 shall be for aviation security direction
and enforcement: Provided further, That of the amount made
available in the preceding proviso for explosives detection
systems, $294,000,000 shall be available for the purchase and
installation of these systems, of which not less than
$84,500,000 shall be available for the purchase and
installation of certified explosives detection systems at
medium- and small-sized airports: Provided further, That the
purchase of screening equipment for medium- and small-sized
airports must be competitively awarded: Provided further, That
any award to deploy explosives detection systems shall be based
on risk, the airports current reliance on other screening
solutions, lobby congestion resulting in increased security
concerns, high injury rates, airport readiness, and increased
cost effectiveness: Provided further, That security service
fees authorized under section 44940 of title 49, United States
Code, shall be credited to this appropriation as offsetting
collections and shall be available only for aviation security:
Provided further, That any funds collected and made available
from aviation security fees pursuant to section 44940(i) of
title 49, United States Code, may, notwithstanding paragraph
(4) of such section 44940(i), be expended for the purpose of
improving screening at airport screening checkpoints, which may
include the purchase and utilization of emerging technology
equipment; the refurbishment and replacement of current
equipment; the installation of surveillance systems to monitor
checkpoint activities; the modification of checkpoint
infrastructure to support checkpoint reconfigurations; and the
creation of additional checkpoints to screen aviation
passengers and airport personnel: Provided further, That of the
amounts provided under this heading, $20,000,000 may be
transferred to the ``Surface Transportation Security'',
``Transportation Threat Assessment and Credentialing'', and
``Transportation Security Support'' appropriations in this Act
for the purpose of implementing regulations and activities
authorized in the Implementing Recommendations of the 9/11
Commission Act of 2007 (Public Law 110-53): Provided further,
That the sum appropriated under this heading from the general
fund shall be reduced on a dollar-for-dollar basis as such
offsetting collections are received during fiscal year 2009, so
as to result in a final fiscal year appropriation from the
general fund estimated at not more than $2,434,518,000:
Provided further, That any security service fees collected in
excess of the amount made available under this heading shall
become available during fiscal year 2010: Provided further,
That Members of the United States House of Representatives and
United States Senate, including the leadership; the heads of
Federal agencies and commissions, including the Secretary,
Under Secretaries, and Assistant Secretaries of the Department
of Homeland Security; the United States Attorney General and
Assistant Attorneys General and the United States attorneys;
and senior members of the Executive Office of the President,
including the Director of the Office of Management and Budget;
shall not be exempt from Federal passenger and baggage
screening.
surface transportation security
For necessary expenses of the Transportation Security
Administration related to providing surface transportation
security activities, $49,606,000, to remain available until
September 30, 2010.
transportation threat assessment and credentialing
For necessary expenses for the development and implementation
of screening programs of the Office of Transportation Threat
Assessment and Credentialing, $116,018,000, to remain available
until September 30, 2010: Provided, That if the Assistant
Secretary of Homeland Security (Transportation Security
Administration) determines that the Secure Flight program does
not need to check airline passenger names against the full
terrorist watch list, the Assistant Secretary shall certify to
the Committees on Appropriations of the Senate and the House of
Representatives that no significant security risks are raised
by screening airline passenger names only against a subset of
the full terrorist watch list.
TRANSPORTATION SECURITY SUPPORT
For necessary expenses of the Transportation Security
Administration related to providing transportation security
support and intelligence pursuant to the Aviation and
Transportation Security Act (Public Law 107-71; 115 Stat. 597;
49 U.S.C. 40101 note), $947,735,000, to remain available until
September 30, 2010: Provided, That of the funds appropriated
under this heading, $20,000,000 may not be obligated for
headquarters administration until the Secretary of Homeland
Security submits to the Committees on Appropriations of the
Senate and the House of Representatives detailed expenditure
plans for checkpoint support and explosives detection systems
refurbishment, procurement, and installations on an airport-by-
airport basis for fiscal year 2009: Provided further, That
these plans shall be submitted no later than 60 days after the
date of enactment of this Act.
FEDERAL AIR MARSHALS
For necessary expenses of the Federal Air Marshals,
$819,481,000.
Coast Guard
OPERATING EXPENSES
For necessary expenses for the operation and maintenance of
the Coast Guard, not otherwise provided for; purchase or lease
of not to exceed 25 passenger motor vehicles, which shall be
for replacement only; for purchase or lease of small boats for
contingent and emergent requirements (at a unit cost of no more
than $700,000) and for repairs and service-life replacements,
not to exceed a total of $26,000,000; minor shore construction
projects not exceeding $1,000,000 in total cost at any
location; payments pursuant to section 156 of Public Law 97-377
(42 U.S.C. 402 note; 96 Stat. 1920); and recreation and
welfare; $6,194,925,000, of which $340,000,000 shall be for
defense-related activities; of which $24,500,000 shall be
derived from the Oil Spill Liability Trust Fund to carry out
the purposes of section 1012(a)(5) of the Oil Pollution Act of
1990 (33 U.S.C. 2712(a)(5)); of which not to exceed $20,000
shall be for official reception and representation expenses;
and of which $3,600,000 shall be available until expended for
the cost of repairing, rehabilitating, altering, modifying, and
making improvements, including customized tenant improvements,
to any replacement or expanded Operations Systems Center
facility: Provided, That none of the funds made available by
this or any other Act shall be available for administrative
expenses in connection with shipping commissioners in the
United States: Provided further, That none of the funds made
available by this Act shall be for expenses incurred for
recreational vessels under section 12114 of title 46, United
States Code, except to the extent fees are collected from yacht
owners and credited to this appropriation: Provided further,
That the Commandant shall submit a financial management
improvement plan that has been reviewed by the Inspector
General of the Department of Homeland Security containing
yearly, measurable milestones, to the Committees on
Appropriations of the Senate and the House of Representatives
by December 1, 2008: Provided further, That the Coast Guard
shall comply with the requirements of section 527 of Public Law
108-136 with respect to the Coast Guard Academy: Provided
further, That notwithstanding section 503 of this Act, amounts
not to exceed 5 percent of the total amount appropriated under
this heading may be transferred to the ``Acquisition,
Construction, and Improvements'' appropriation, to be available
under the terms and conditions applicable to that
appropriation, and to be available for personnel compensation
and benefits and related costs to adjust personnel assignment
to accelerate management and oversight of new or existing
projects without detrimentally affecting the management and
oversight of other projects: Provided further, That the amount
made available for ``Personnel, Compensation, and Benefits'' in
the ``Acquisition, Construction, and Improvements''
appropriation shall not be increased by more than 10 percent by
such transfers: Provided further, That the Committees on
Appropriations of the Senate and the House of Representatives
shall be notified of each transfer within 10 days after it is
executed.
environmental compliance and restoration
For necessary expenses to carry out the environmental
compliance and restoration functions of the Coast Guard under
chapter 19 of title 14, United States Code, $13,000,000, to
remain available until expended.
RESERVE TRAINING
For necessary expenses of the Coast Guard Reserve, as
authorized by law; operations and maintenance of the reserve
program; personnel and training costs; and equipment and
services; $130,501,000.
acquisition, construction, and improvements
For necessary expenses of acquisition, construction,
renovation, and improvement of aids to navigation, shore
facilities, vessels, and aircraft, including equipment related
thereto; and maintenance, rehabilitation, lease and operation
of facilities and equipment, as authorized by law;
$1,494,576,000, of which $20,000,000 shall be derived from the
Oil Spill Liability Trust Fund to carry out the purposes of
section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(a)(5)); of which $113,000,000 shall be available until
September 30, 2013, to acquire, repair, renovate, or improve
vessels, small boats, and related equipment; of which
$89,174,000 shall be available until September 30, 2011, for
other equipment; of which $68,000,000 shall be available until
September 30, 2011, for shore facilities and aids to navigation
facilities, including $3,000,000 for Sector Buffalo and
$15,000,000 for the Rescue Swimmer Training Facility; of which
$92,830,000 shall be available for personnel compensation and
benefits and related costs; of which $97,578,000 shall be
available until expended for a new Coast Guard and Department
of Homeland Security headquarters; and of which $1,033,994,000
shall be available until September 30, 2013, for the Integrated
Deepwater Systems program: Provided, That of the funds made
available for the Integrated Deepwater Systems program,
$244,550,000 is for aircraft and $571,003,000 is for surface
ships: Provided further, That $350,000,000 of the funds
provided for the Integrated Deepwater Systems program may not
be obligated until the Committees on Appropriations of the
Senate and the House of Representatives receive directly from
the Coast Guard and approve a plan for expenditure that--
(1) defines activities, milestones, yearly costs, and
life cycle costs for each new procurement of a major
asset, including an independent cost estimate for each;
(2) identifies life cycle staffing and training needs
of Coast Guard project managers and procurement and
contract staff;
(3) identifies competition to be conducted in, and
summarizes the approved acquisition strategy for, each
procurement;
(4) includes a certification by the Chief Human
Capital Officer of the Department of Homeland Security
that current human capital capabilities are sufficient
to execute the expenditure plan;
(5) includes an explanation of each procurement that
involves an indefinite delivery/indefinite quantity
contract and explains the need for such contract;
(6) identifies individual project balances by fiscal
year, including planned carryover into fiscal year 2010
by project;
(7) identifies operational gaps by asset and explains
how funds provided in this Act address the shortfalls
between current operational capabilities and
requirements;
(8) includes a listing of all open Government
Accountability Office and Office of Inspector General
recommendations related to the program and the status
of Coast Guard actions to address the recommendations,
including milestones for fully addressing them;
(9) includes a certification by the Chief Procurement
Officer of the Department that the program has been
reviewed and approved in accordance with the investment
management process of the Department, and that the
process fulfills all capital planning and investment
control requirements and reviews established by the
Office of Management and Budget, including Circular A-
11, part 7;
(10) identifies use of the Defense Contract Audit
Agency;
(11) includes a certification by the head of
contracting activity for the Coast Guard and the Chief
Procurement Officer of the Department that the plans
for the program comply with the Federal acquisition
rules, requirements, guidelines, and practices, and a
description of the actions being taken to address areas
of non-compliance, the risks associated with them along
with plans for addressing these risks, and the status
of their implementation;
(12) identifies the use of independent validation and
verification; and
(13) is reviewed by the Government Accountability
Office:
Provided further, That no funding may be obligated for low rate
initial production or initial production of any Integrated
Deepwater Systems program asset until Coast Guard revises its
Major Systems Acquisition Manual procedures to require a formal
design review prior to the authorization of low rate initial
production or initial production: Provided further, That the
Secretary of Homeland Security shall submit to the Committees
on Appropriations of the Senate and the House of
Representatives, in conjunction with the President's fiscal
year 2010 budget, a review of the Revised Deepwater
Implementation Plan that identifies any changes to the plan for
the fiscal year; an annual performance comparison of Integrated
Deepwater Systems program assets to pre-Deepwater legacy
assets; a status report of legacy assets; a detailed
explanation of how the costs of legacy assets are being
accounted for within the Integrated Deepwater Systems program;
and the earned value management system gold card data for each
Integrated Deepwater Systems program asset: Provided further,
That the Secretary shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a
comprehensive review of the Revised Deepwater Implementation
Plan every 5 years, beginning in fiscal year 2011, that
includes a complete projection of the acquisition costs and
schedule for the duration of the plan through fiscal year 2027:
Provided further, That the Secretary shall annually submit to
the Committees on Appropriations of the Senate and the House of
Representatives, at the time that the President's budget is
submitted under section 1105(a) of title 31, United States
Code, a future-years capital investment plan for the Coast
Guard that identifies for each capital budget line item--
(1) the proposed appropriation included in that
budget;
(2) the total estimated cost of completion;
(3) projected funding levels for each fiscal year for
the next 5 fiscal years or until project completion,
whichever is earlier;
(4) an estimated completion date at the projected
funding levels; and
(5) changes, if any, in the total estimated cost of
completion or estimated completion date from previous
future-years capital investment plans submitted to the
Committees on Appropriations of the Senate and the
House of Representatives:
Provided further, That the Secretary shall ensure that amounts
specified in the future-years capital investment plan are
consistent to the maximum extent practicable with proposed
appropriations necessary to support the programs, projects, and
activities of the Coast Guard in the President's budget as
submitted under section 1105(a) of title 31, United States
Code, for that fiscal year: Provided further, That any
inconsistencies between the capital investment plan and
proposed appropriations shall be identified and justified:
Provided further, That subsections (a), and (b) of section 6402
of the U.S. Troop Readiness, Veterans' Care, Katrina Recovery,
and Iraq Accountability Appropriations Act, 2007 (Public Law
110-28) shall apply to fiscal year 2009: Provided further, That
notwithstanding section 503 of this Act, amounts transferred
from the ``Operating Expenses'' appropriation for personnel
compensation and benefits and related costs to adjust personnel
assignment to accelerate management and oversight of new or
existing projects may be transferred to the ``Operating
Expenses'' appropriation to be merged with that appropriation,
to be available under the same terms and conditions for which
that appropriation is available, when no longer required for
project acceleration or oversight, or to otherwise adjust
personnel assignment: Provided further, That the Committees on
Appropriations of the Senate and the House of Representatives
shall be notified of each transfer within 30 days after it is
executed.
ALTERATION OF BRIDGES
For necessary expenses for alteration or removal of
obstructive bridges, as authorized by section 6 of the Truman-
Hobbs Act (33 U.S.C. 516), $16,000,000, to remain available
until expended: Provided, That of the amounts made available
under this heading, $2,000,000 shall be for the Burlington
Northern Railroad Bridge in Burlington, Iowa; $2,000,000 shall
be for the Canadian Pacific Railway Bridge in La Crosse,
Wisconsin; $2,000,000 shall be for the Chelsea Street Bridge in
Chelsea, Massachusetts; $2,000,000 shall be for the Elgin,
Joliet, and Eastern Railway Company Bridge in Morris, Illinois;
$4,000,000 shall be for the Fourteen Mile Bridge in Mobile,
Alabama; and $4,000,000 shall be for the Galveston Causeway
Bridge in Galveston, Texas.
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
For necessary expenses for applied scientific research,
development, test, and evaluation; and for maintenance,
rehabilitation, lease, and operation of facilities and
equipment; as authorized by law; $18,000,000, to remain
available until expended, of which $500,000 shall be derived
from the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990
(33 U.S.C. 2712(a)(5)): Provided, That there may be credited to
and used for the purposes of this appropriation funds received
from State and local governments, other public authorities,
private sources, and foreign countries for expenses incurred
for research, development, testing, and evaluation.
RETIRED PAY
For retired pay, including the payment of obligations
otherwise chargeable to lapsed appropriations for this purpose,
payments under the Retired Serviceman's Family Protection and
Survivor Benefits Plans, payment for career status bonuses,
concurrent receipts and combat-related special compensation
under the National Defense Authorization Act, and payments for
medical care of retired personnel and their dependents under
chapter 55 of title 10, United States Code, $1,236,745,000, to
remain available until expended.
United States Secret Service
SALARIES AND EXPENSES
For necessary expenses of the United States Secret Service,
including purchase of not to exceed 675 vehicles for police-
type use, of which 645 shall be for replacement only, and hire
of passenger motor vehicles; purchase of motorcycles made in
the United States; hire of aircraft; services of expert
witnesses at such rates as may be determined by the Director of
the Secret Service; rental of buildings in the District of
Columbia, and fencing, lighting, guard booths, and other
facilities on private or other property not in Government
ownership or control, as may be necessary to perform protective
functions; payment of per diem or subsistence allowances to
employees where a protective assignment during the actual day
or days of the visit of a protectee requires an employee to
work 16 hours per day or to remain overnight at a post of duty;
conduct of and participation in firearms matches; presentation
of awards; travel of United States Secret Service employees on
protective missions without regard to the limitations on such
expenditures in this or any other Act if approval is obtained
in advance from the Committees on Appropriations of the Senate
and the House of Representatives; research and development;
grants to conduct behavioral research in support of protective
research and operations; and payment in advance for commercial
accommodations as may be necessary to perform protective
functions; $1,408,729,000; of which not to exceed $25,000 shall
be for official reception and representation expenses; of which
not to exceed $100,000 shall be to provide technical assistance
and equipment to foreign law enforcement organizations in
counterfeit investigations; of which $2,366,000 shall be for
forensic and related support of investigations of missing and
exploited children; and of which $6,000,000 shall be for a
grant for activities related to the investigations of missing
and exploited children and shall remain available until
expended: Provided, That up to $18,000,000 provided for
protective travel shall remain available until September 30,
2010: Provided further, That up to $1,000,000 for National
Special Security Events shall remain available until expended:
Provided further, That the United States Secret Service is
authorized to obligate funds in anticipation of reimbursements
from Federal agencies and entities, as defined in section 105
of title 5, United States Code, receiving training sponsored by
the James J. Rowley Training Center, except that total
obligations at the end of the fiscal year shall not exceed
total budgetary resources available under this heading at the
end of the fiscal year: Provided further, That none of the
funds made available under this heading shall be available to
compensate any employee for overtime in an annual amount in
excess of $35,000, except that the Secretary of Homeland
Security, or the designee of the Secretary, may waive that
amount as necessary for national security purposes: Provided
further, That the limitation in the preceding proviso shall not
take effect until the Director of the Office of Management and
Budget submits to the Committees on Appropriations of the
Senate and the House of Representatives a report certifying
that such a limitation on compensation will not have a
significant effect on operations of the United States Secret
Service: Provided further, That none of the funds appropriated
to the United States Secret Service by this Act or by previous
appropriations Acts may be made available for the protection of
the head of a Federal agency other than the Secretary of
Homeland Security: Provided further, That the Director of the
United States Secret Service may enter into an agreement to
perform such service on a fully reimbursable basis.
acquisition, construction, improvements, and related expenses
For necessary expenses for acquisition, construction, repair,
alteration, and improvement of facilities, $4,225,000, to
remain available until expended: Provided, That of the total
amount provided, $250,000 is for a perimeter security and noise
abatement study at the James J. Rowley Training Center.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
MANAGEMENT AND ADMINISTRATION
For salaries and expenses of the Office of the Under
Secretary for the National Protection and Programs Directorate,
support for operations, information technology, and the Office
of Risk Management and Analysis, $51,350,000: Provided, That
not to exceed $5,000 shall be for official reception and
representation expenses.
INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY
For necessary expenses for infrastructure protection and
information security programs and activities, as authorized by
title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et
seq.), $806,913,000, of which $720,116,000 shall remain
available until September 30, 2010: Provided, That of the total
amount provided, $20,000,000 is for necessary expenses of the
National Infrastructure Simulation and Analysis Center:
Provided further, That of the amount made available under this
heading, $127,462,000 may not be obligated for the National
Cyber Security Initiative program and $25,125,000 may not be
obligated for the Next Generation Networks program until the
Committees on Appropriations of the Senate and the House of
Representatives receive and approve a plan for expenditure for
that program that describes the strategic context of the
program; the specific goals and milestones set for the program;
and the funds allocated to achieving each of those goals:
Provided further, That of the total amount provided, $2,000,000
is for Philadelphia infrastructure monitoring; $3,000,000 is
for protection of critical underground infrastructure in major
urban areas; $1,000,000 is for improved improvised explosive
device mapping and modeling tools; $3,500,000 is for State and
local cyber security training; and $4,000,000 is for the Power
and Cyber Systems Protection, Analysis, and Testing Program at
the Idaho National Labratory.
united states visitor and immigrant status indicator technology
For necessary expenses for the development of the United
States Visitor and Immigrant Status Indicator Technology
project, as authorized by section 110 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1365a), $300,000,000, to remain available until
expended: Provided, That of the total amount made available
under this heading, $75,000,000 may not be obligated for the
United States Visitor and Immigrant Status Indicator Technology
project until the Committees on Appropriations of the Senate
and the House of Representatives receive a plan for expenditure
prepared by the Secretary of Homeland Security that includes--
(1) a detailed accounting of the program's progress
to date relative to system capabilities or services,
system performance levels, mission benefits and
outcomes, milestones, cost targets, and program
management capabilities;
(2) an explicit plan of action defining how all funds
are to be obligated to meet future program commitments,
with the planned expenditure of funds linked to the
milestone-based delivery of specific capabilities,
services, performance levels, mission benefits and
outcomes, and program management capabilities;
(3) a listing of all open Government Accountability
Office and Office of Inspector General recommendations
related to the program and the status of Department of
Homeland Security actions to address the
recommendations, including milestones for fully
addressing such recommendations;
(4)(a) a certification by the Chief Procurement
Officer of the Department that (1) the program has been
reviewed and approved in accordance with the investment
management process of the Department; (2) the process
fulfills all capital planning and investment control
requirements and reviews established by the Office of
Management and Budget, including as provided in
Circular A-11, part 7; and (3) the plans for the
program comply with the Federal acquisition rules,
requirements, guidelines, and practices; and (b) a
description by the Chief Procurement Officer of the
actions being taken to address areas of non-compliance,
the risks associated with such areas as well as any
plans for addressing such risks, and the status of the
implementation of such actions;
(5)(a) a certification by the Chief Information
Officer of the Department that (1) an independent
verification and validation agent is currently under
contract for the project; (2) the system architecture
of the program is sufficiently aligned with the
information systems enterprise architecture of the
Department to minimize future rework, including a
description of all aspects of the architecture that
were or were not assessed in making the alignment
determination, the date of the alignment determination,
and any known areas of misalignment along with the
associated risks and corrective actions to address any
such areas; and (3) the program has a risk management
process that regularly identifies, evaluates,
mitigates, and monitors risks throughout the system
life cycle, and communicates high-risk conditions to
agency and Department investment decision makers; and
(b) a listing by the Chief Information Officer of all
the program's high risks and the status of efforts to
address them;
(6) a certification by the Chief Human Capital
Officer of the Department that the human capital needs
of the program are being strategically and proactively
managed, and that current human capital capabilities
are sufficient to execute the plans discussed in the
report;
(7) a complete schedule for the full implementation
of a biometric exit program or a certification that
such program is not possible within 5 years; and
(8) a detailed accounting of operation and
maintenance, contractor services, and program costs
associated with the management of identity services:
Provided further, That no funding under this heading shall be
obligated for implementation of a final air exit solution
pursuant to the notice of proposed rulemaking (DHS-2008-0039)
published on April 24, 2008, until the Committees on
Appropriations of the Senate and the House of Representatives
receive a report on pilot tests of the air exit solution, which
shall be reviewed by the Government Accountability Office, and
which shall test at least two scenarios: (a) where the airlines
collect and transmit biometric exit data as proposed in the
notice of proposed rulemaking and (b) where U.S. Customs and
Border Protection collects such information at the departure
gates.
Office of Health Affairs
For necessary expenses of the Office of Health Affairs,
$157,191,000, of which $29,210,000 is for salaries and
expenses; and of which $127,981,000 is to remain available
until September 30, 2010, for biosurveillance, BioWatch,
medical readiness planning, chemical response, and other
activities: Provided, That not to exceed $3,000 shall be for
official reception and representation expenses.
Federal Emergency Management Agency
MANAGEMENT AND ADMINISTRATION
For necessary expenses for management and administration of
the Federal Emergency Management Agency, $837,437,000,
including activities authorized by the National Flood Insurance
Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.), the Earthquake Hazards Reduction Act of 1977 (42 U.S.C.
7701 et seq.), the Defense Production Act of 1950 (50 U.S.C.
App. 2061 et seq.), sections 107 and 303 of the National
Security Act of 1947 (50 U.S.C. 404, 405), Reorganization Plan
No. 3 of 1978 (5 U.S.C. App.), the Homeland Security Act of
2002 (6 U.S.C. 101 et seq.), and the Post-Katrina Emergency
Management Reform Act of 2006 (Public Law 109-295; 120 Stat.
1394): Provided, That not to exceed $3,000 shall be for
official reception and representation expenses: Provided
further, That the President's budget submitted under section
1105(a) of title 31, United States Code, shall be detailed by
office for the Federal Emergency Management Agency: Provided
further, That $10,000,000 shall not be available for obligation
until the Secretary of Homeland Security, in coordination with
the Administrator of the Federal Emergency Management Agency,
certifies and reports to the Committees on Appropriations of
the Senate and the House of Representatives that processes to
incorporate stakeholder input for grant guidance development
and award distribution have been: (1) developed to ensure
transparency and increased consultation about security needs
for all-hazards; (2) formalized and made clear to stakeholders;
and (3) formalized to ensure future use for each fiscal year:
Provided further, That of the total amount made available under
this heading, $5,000,000 shall be for the development of tools
and systems to measure the achievement and effectiveness of
first responder grant programs: Provided further, That of the
total amount made available under this heading, $32,500,000
shall be for the Urban Search and Rescue Response System, of
which not to exceed $1,600,000 may be made available for
administrative costs; $2,200,000 shall be for the Pacific
Region Homeland Security Center, Honolulu, Hawaii, $5,000,000
shall be for the State of North Carolina, and $2,425,000 shall
be for the Commonwealth of Kentucky, as detailed in the
statement accompanying this Act; and $6,342,000 shall be for
the Office of National Capital Region Coordination: Provided
further, That for purposes of planning, coordination,
execution, and decision-making related to mass evacuation
during a disaster, the Governors of the State of West Virginia
and the Commonwealth of Pennsylvania, or their designees, shall
be incorporated into efforts to integrate the activities of
Federal, State, and local governments in the National Capital
Region, as defined in section 882 of Public Law 107-296, the
Homeland Security Act of 2002.
STATE AND LOCAL PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
For grants, contracts, cooperative agreements, and other
activities, $3,105,700,000 shall be allocated as follows:
(1) $950,000,000 shall be for the State Homeland
Security Grant Program under section 2004 of the
Homeland Security Act of 2002 (6 U.S.C. 605): Provided,
That of the amount provided by this paragraph,
$60,000,000 shall be for Operation Stonegarden:
Provided further, That notwithstanding subsection
(c)(4) of such section 2004, for fiscal year 2009, the
Commonwealth of Puerto Rico shall make available to
local and tribal governments amounts provided to the
Commonwealth of Puerto Rico under this paragraph in
accordance with subsection (c)(1) of such section 2004.
(2) $837,500,000 shall be for the Urban Area Security
Initiative under section 2003 of the Homeland Security
Act of 2002 (6 U.S.C. 604), of which, notwithstanding
subsection (c)(1) of such section, $15,000,000 shall be
for grants to organizations (as described under section
501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax section 501(a) of such code) determined
by the Secretary of Homeland Security to be at high
risk of a terrorist attack.
(3) $35,000,000 shall be for Regional Catastrophic
Preparedness Grants.
(4) $41,000,000 shall be for the Metropolitan Medical
Response System under section 635 of the Post-Katrina
Emergency Management Reform Act of 2006 (6 U.S.C. 723).
(5) $15,000,000 shall be for the Citizen Corps
Program.
(6) $400,000,000 shall be for Public Transportation
Security Assistance and Railroad Security Assistance
under sections 1406 and 1513 of the Implementing
Recommendations of the 9/11 Commission Act of 2007
(Public Law 110-53; 6 U.S.C. 1135 and 1163), of which
not less than $25,000,000 shall be for Amtrak security:
Provided, That there shall be no cost share requirement
for funds made available under this paragraph and made
available for these same purposes in Public Law 110-
161: Provided further, That such public transportation
security assistance shall be provided directly to
public transportation agencies.
(7) $400,000,000 shall be for Port Security Grants in
accordance with 46 U.S.C. 70107.
(8) $12,000,000 shall be for Over-the-Road Bus
Security Assistance under section 1532 of the
Implementing Recommendations of the 9/11 Commission Act
of 2007 (Public Law 110-53; 6 U.S.C. 1182).
(9) $8,000,000 shall be for Trucking Industry
Security Grants.
(10) $50,000,000 shall be for Buffer Zone Protection
Program Grants.
(11) $8,000,000 shall be for the Commercial Equipment
Direct Assistance Program.
(12) $50,000,000 shall be for the Interoperable
Emergency Communications Grant Program under section
1809 of the Homeland Security Act of 2002 (6 U.S.C.
579).
(13) $35,000,000 shall remain available until
expended, for grants for Emergency Operations Centers
under section 614 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5196c),
as detailed in the statement accompanying this Act.
(14) $264,200,000 shall be for training, exercises,
technical assistance, and other programs, of which--
(A) $164,500,000 is for purposes of training
in accordance with section 1204 of the
Implementing Recommendations of the 9/11
Commission Act of 2007 (6 U.S.C. 1102), of
which $62,500,000 shall be for the Center for
Domestic Preparedness; $23,000,000 shall be for
the National Energetic Materials Research and
Testing Center, New Mexico Institute of Mining
and Technology; $23,000,000 shall be for the
National Center for Biomedical Research and
Training, Louisiana State University;
$23,000,000 shall be for the National Emergency
Response and Rescue Training Center, Texas A&M
University; $23,000,000 shall be for the
National Exercise, Test, and Training Center,
Nevada Test Site; $5,000,000 shall be for the
Transportation Technology Center, Incorporated,
in Pueblo, Colorado; and $5,000,000 shall be
for the National Disaster Preparedness Training
Center, University of Hawaii, Honolulu, Hawaii;
and
(B) $1,700,000 for the Center for
Counterterrorism and Cyber Crime, Norwich
University, Northfield, Vermont:
Provided, That not to exceed 3 percent of the amounts provided
under this heading may be transferred to the Federal Emergency
Management Agency ``Management and Administration'' account for
program administration, and an expenditure plan for program
administration shall be provided to the Committees on
Appropriations of the Senate and the House of Representatives
within 60 days of the date of enactment of this Act: Provided
further, That for grants under paragraphs (1) through (5), the
applications for grants shall be made available to eligible
applicants not later than 25 days after the date of enactment
of this Act, that eligible applicants shall submit applications
not later than 90 days after the grant announcement, and that
the Administrator of the Federal Emergency Management Agency
shall act within 90 days after receipt of an application:
Provided further, That for grants under paragraphs (6) through
(10) and (12), the applications for grants shall be made
available to eligible applicants not later than 30 days after
the date of enactment of this Act, that eligible applicants
shall submit applications within 45 days after the grant
announcement, and that the Federal Emergency Management Agency
shall act not later than 60 days after receipt of an
application: Provided further, That for grants under paragraphs
(1) and (2), the installation of communications towers is not
considered construction of a building or other physical
facility: Provided further, That grantees shall provide reports
on their use of funds, as determined necessary by the
Secretary: Provided further, That (a) the Center for Domestic
Preparedness may provide training to emergency response
providers from the Federal Government, foreign governments, or
private entities, if the Center for Domestic Preparedness is
reimbursed for the cost of such training, and any reimbursement
under this subsection shall be credited to the account from
which the expenditure being reimbursed was made and shall be
available, without fiscal year limitation, for the purposes for
which amounts in the account may be expended, (b) the head of
the Center for Domestic Preparedness shall ensure that any
training provided under (a) does not interfere with the primary
mission of the Center to train State and local emergency
response providers: Provided further, That the Government
Accountability Office shall report to the Committees on
Appropriations of the Senate and the House of Representatives
regarding the data, assumptions, and methodology that the
Department of Homeland Security uses to assess risk and
allocate grants under the Urban Area Security Initiative and
State Homeland Security Grant Program not later than 45 days
after the date of enactment of this Act: Provided further, That
the report shall include an assessment of the reliability and
validity of the data used, the basis for the assumptions used,
how the methodology is applied to determine the risk scores for
individual locations, an analysis of the usefulness of placing
States and cities into tier groups, and the allocation of
grants to eligible locations: Provided further, That the
Department provide the Government Accountability Office with
the actual data that the Department used for its risk
assessment and grant allocation: Provided further, That the
Department provide the Government Accountability Office with
access to all data needed for its analysis and report,
including specifics on all changes for the fiscal year 2009
process, including, but not limited to, all changes in data,
assumptions, and weights used in methodology within 7 days
after the date of enactment of this Act: Provided further, That
any subsequent changes made regarding the risk methodology
after the initial information is provided to the Government
Accountability Office shall be provided within 7 days after the
change is made.
FIREFIGHTER ASSISTANCE GRANTS
For necessary expenses for programs authorized by the Federal
Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et
seq.), $775,000,000, of which $565,000,000 shall be available
to carry out section 33 of that Act (15 U.S.C. 2229) and
$210,000,000 shall be available to carry out section 34 of that
Act (15 U.S.C. 2229a), to remain available until September 30,
2010: Provided, That not to exceed 5 percent of the amount
available under this heading shall be available for program
administration, and an expenditure plan for program
administration shall be provided to the Committees on
Appropriations of the Senate and the House of Representatives
within 60 days of the date of enactment of this Act.
emergency management performance grants
For necessary expenses for emergency management performance
grants, as authorized by the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et
seq.), and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.),
$315,000,000: Provided, That total administrative costs shall
not exceed 3 percent of the total amount appropriated under
this heading.
RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM
The aggregate charges assessed during fiscal year 2009, as
authorized in title III of the Departments of Veterans Affairs
and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1999 (42 U.S.C. 5196e), shall not be less
than 100 percent of the amounts anticipated by the Department
of Homeland Security necessary for its radiological emergency
preparedness program for the next fiscal year: Provided, That
the methodology for assessment and collection of fees shall be
fair and equitable and shall reflect costs of providing such
services, including administrative costs of collecting such
fees: Provided further, That fees received under this heading
shall be deposited in this account as offsetting collections
and will become available for authorized purposes on October 1,
2009, and remain available until expended.
united states fire administration
For necessary expenses of the United States Fire
Administration and for other purposes, as authorized by the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201
et seq.) and the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.), $44,979,000.
disaster relief
(including transfer of funds)
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.), $1,400,000,000, to remain available until expended:
Provided, That the Federal Emergency Management Agency shall
submit an expenditure plan to the Committees on Appropriations
of the Senate and the House of Representatives detailing the
use of the funds for disaster readiness and support within 60
days after the date of enactment of this Act: Provided further,
That the Federal Emergency Management Agency shall provide a
quarterly report detailing obligations against the expenditure
plan and a justification for any changes in spending: Provided
further, That of the total amount provided, $16,000,000 shall
be transferred to the Department of Homeland Security Office of
Inspector General for audits and investigations related to
disasters, subject to section 503 of this Act: Provided
further, That up to $105,600,000 may be transferred to Federal
Emergency Management Agency ``Management and Administration''
for management and administration functions: Provided further,
That the amount provided in the previous proviso shall not be
available for transfer to ``Management and Administration''
until the Federal Emergency Management Agency submits an
implementation plan to the Committees on Appropriations of the
Senate and the House of Representatives: Provided further, That
the Federal Emergency Management Agency shall submit the
monthly ``Disaster Relief'' report, as specified in Public Law
110-161, to the Committees on Appropriations of the Senate and
the House of Representatives, and include the amounts provided
to each Federal agency for mission assignments: Provided
further, That for any request for reimbursement from a Federal
agency to the Department of Homeland Security to cover
expenditures under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.), or any
mission assignment orders issued by the Department for such
purposes, the Secretary of Homeland Security shall take
appropriate steps to ensure that each agency is periodically
reminded of Department policies on--
(1) the detailed information required in supporting
documentation for reimbursements; and
(2) the necessity for timeliness of agency billings.
DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT
For activities under section 319 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5162),
$295,000 is for the cost of direct loans: Provided, That gross
obligations for the principal amount of direct loans shall not
exceed $25,000,000: Provided further, That the cost of
modifying such loans shall be as defined in section 502 of the
Congressional Budget Act of 1974 (2 U.S.C. 661a).
flood map modernization fund
For necessary expenses under section 1360 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4101), $220,000,000, and
such additional sums as may be provided by State and local
governments or other political subdivisions for cost-shared
mapping activities under section 1360(f)(2) of such Act (42
U.S.C. 4101(f)(2)), to remain available until expended:
Provided, That total administrative costs shall not exceed 3
percent of the total amount appropriated under this heading.
NATIONAL FLOOD INSURANCE FUND
For activities under the National Flood Insurance Act of 1968
(42 U.S.C. 4001 et seq.), and the Flood Disaster Protection Act
of 1973 (42 U.S.C. 4001 et seq.), $156,599,000, which shall be
derived from offsetting collections assessed and collected
under section 1308(d) of the National Flood Insurance Act of
1968 (42 U.S.C. 4015(d)), which is available as follows: (1)
not to exceed $49,418,000 for salaries and expenses associated
with flood mitigation and flood insurance operations; and (2)
no less than $107,181,000 for flood plain management and flood
mapping, which shall remain available until September 30, 2010:
Provided, That any additional fees collected pursuant to
section 1308(d) of the National Flood Insurance Act of 1968 (42
U.S.C. 4015(d)) shall be credited as an offsetting collection
to this account, to be available for flood plain management and
flood mapping: Provided further, That in fiscal year 2009, no
funds shall be available from the National Flood Insurance Fund
under section 1310 of that Act (42 U.S.C. 4017) in excess of:
(1) $85,000,000 for operating expenses; (2) $869,905,000 for
commissions and taxes of agents; (3) such sums as are necessary
for interest on Treasury borrowings; and (4) $125,700,000,
which shall remain available until expended for flood
mitigation actions, of which $80,000,000 is for severe
repetitive loss properties under section 1361A of the National
Flood Insurance Act of 1968 (42 U.S.C. 4102a), of which
$10,000,000 is for repetitive insurance claims properties under
section 1323 of the National Flood Insurance Act of 1968 (42
U.S.C. 4030), and of which $35,700,000 is for flood mitigation
assistance under section 1366 of the National Flood Insurance
Act of 1968 (42 U.S.C. 4104c) notwithstanding subparagraphs (B)
and (C) of subsection (b)(3) and subsection (f) of section 1366
of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c)
and notwithstanding subsection (a)(7) of section 1310 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4017): Provided
further, That amounts collected under section 102 of the Flood
Disaster Protection Act of 1973 and section 1366(i) of the
National Flood Insurance Act of 1968 shall be deposited in the
National Flood Insurance Fund to supplement other amounts
specified as available for section 1366 of the National Flood
Insurance Act of 1968, notwithstanding 42 U.S.C. 4012a(f)(8),
4104c(i), and 4104d(b)(2)-(3): Provided further, That total
administrative costs shall not exceed 4 percent of the total
appropriation.
national predisaster mitigation fund
For the predisaster mitigation grant program under section
203 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5133), $90,000,000, to remain
available until expended and as detailed in the statement
accompanying this Act: Provided, That the total administrative
costs associated with such grants shall not exceed 3 percent of
the total amount made available under this heading.
emergency food and shelter
To carry out the emergency food and shelter program pursuant
to title III of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11331 et seq.), $200,000,000, to remain available until
expended: Provided, That total administrative costs shall not
exceed 3.5 percent of the total amount made available under
this heading.
CERRO GRANDE FIRE CLAIMS
(RESCISSION OF FUNDS)
Of the funds made available under this heading for obligation
in prior years, $9,000,000 are rescinded.
TITLE IV
RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
For necessary expenses for citizenship and immigration
services, $101,740,000, of which $100,000,000 is for the E-
Verify program to assist United States employers with
maintaining a legal workforce: Provided, That notwithstanding
any other provision of law, funds available to United States
Citizenship and Immigration Services may be used to acquire,
operate, equip, dispose of and replace up to five vehicles, of
which two are for replacement only, for areas where the
Administrator of General Services does not provide vehicles for
lease: Provided further, That the Director of United States
Citizenship and Immigration Services may authorize employees
who are assigned to those areas to use such vehicles between
the employees' residences and places of employment.
Federal Law Enforcement Training Center
salaries and expenses
For necessary expenses of the Federal Law Enforcement
Training Center, including materials and support costs of
Federal law enforcement basic training; the purchase of not to
exceed 117 vehicles for police-type use and hire of passenger
motor vehicles; expenses for student athletic and related
activities; the conduct of and participation in firearms
matches and presentation of awards; public awareness and
enhancement of community support of law enforcement training;
room and board for student interns; a flat monthly
reimbursement to employees authorized to use personal mobile
phones for official duties; and services as authorized by
section 3109 of title 5, United States Code; $246,530,000, of
which up to $48,611,000 shall remain available until September
30, 2010, for materials and support costs of Federal law
enforcement basic training; of which $300,000 shall remain
available until expended for Federal law enforcement agencies
participating in training accreditation, to be distributed as
determined by the Federal Law Enforcement Training Center for
the needs of participating agencies; and of which not to exceed
$12,000 shall be for official reception and representation
expenses: Provided, That the Center is authorized to obligate
funds in anticipation of reimbursements from agencies receiving
training sponsored by the Center, except that total obligations
at the end of the fiscal year shall not exceed total budgetary
resources available at the end of the fiscal year: Provided
further, That section 1202(a) of Public Law 107-206 (42 U.S.C.
3771 note), as amended by Public Law 110-161 (121 Stat. 2068),
is further amended by striking ``December 31, 2010'' and
inserting ``December 31, 2011'': Provided further, That the
Federal Law Enforcement Training Accreditation Board, including
representatives from the Federal law enforcement community and
non-Federal accreditation experts involved in law enforcement
training, shall lead the Federal law enforcement training
accreditation process to continue the implementation of
measuring and assessing the quality and effectiveness of
Federal law enforcement training programs, facilities, and
instructors: Provided further, That the Director of the Federal
Law Enforcement Training Center shall schedule basic or
advanced law enforcement training, or both, at all four
training facilities under the control of the Federal Law
Enforcement Training Center to ensure that such training
facilities are operated at the highest capacity throughout the
fiscal year.
ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES
For acquisition of necessary additional real property and
facilities, construction, and ongoing maintenance, facility
improvements, and related expenses of the Federal Law
Enforcement Training Center, $86,456,000, to remain available
until expended: Provided, That the Center is authorized to
accept reimbursement to this appropriation from government
agencies requesting the construction of special use facilities:
Provided further, That $3,000,000 is for construction of
training and related facilities at Artesia, New Mexico.
Science and Technology
MANAGEMENT AND ADMINISTRATION
For salaries and expenses of the Office of the Under
Secretary for Science and Technology and for management and
administration of programs and activities, as authorized by
title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et
seq.), $132,100,000: Provided, That not to exceed $10,000 shall
be for official reception and representation expenses.
research, development, acquisition, and operations
For necessary expenses for science and technology research,
including advanced research projects; development; test and
evaluation; acquisition; and operations; as authorized by title
III of the Homeland Security Act of 2002 (6 U.S.C. 181 et
seq.); $800,487,000, to remain available until expended:
Provided, That not less than $27,000,000 shall be available for
the Southeast Region Research Initiative at the Oak Ridge
National Laboratory: Provided further, That not less than
$3,000,000 shall be available for Distributed Environment for
Critical Infrastructure Decisionmaking Exercises: Provided
further, That of the amount provided, $25,000,000 is for
construction expenses of the Pacific Northwest National
Laboratory: Provided further, That not less than $11,000,000
shall be available for the National Institute for Hometown
Security: Provided further, That not less than $2,000,000 shall
be available for the Naval Postgraduate School: Provided
further, That not less than $2,000,000 shall be available to
establish a homeland security research, development, and
manufacturing pilot project: Provided further, That none of the
funds made available under this heading shall be obligated for
a follow-on program to the Analysis, Dissemination,
Visualization, Insight, and Semantic Enhancement program:
Provided further, That none of the funds available under this
heading shall be obligated for construction of a National Bio
and Agro-defense Facility located on the United States mainland
until the Secretary of Homeland Security completes a risk
assessment of whether foot-and-mouth disease work can be done
safely on the United States mainland and this assessment is
reviewed by the Government Accountability Office: Provided
further, That the Government Accountability Office shall
complete its review within 6 months after the Department
concludes the risk assessment.
Domestic Nuclear Detection Office
management and administration
For salaries and expenses of the Domestic Nuclear Detection
Office as authorized by title XIX of the Homeland Security Act
of 2002 (6 U.S.C. 591 et seq.) for management and
administration of programs and activities, $37,500,000:
Provided, That not to exceed $3,000 shall be for official
reception and representation expenses.
RESEARCH, DEVELOPMENT, AND OPERATIONS
For necessary expenses for radiological and nuclear research,
development, testing, evaluation, and operations, $323,200,000,
to remain available until expended.
SYSTEMS ACQUISITION
For expenses for the Domestic Nuclear Detection Office
acquisition and deployment of radiological detection systems in
accordance with the global nuclear detection architecture,
$153,491,000, to remain available until September 30, 2011:
Provided, That none of the funds appropriated under this
heading shall be obligated for full-scale procurement of
Advanced Spectroscopic Portal monitors until the Secretary of
Homeland Security submits to the Committees on Appropriations
of the Senate and the House of Representatives a report
certifying that a significant increase in operational
effectiveness will be achieved: Provided further, That the
Secretary shall submit separate and distinct certifications
prior to the procurement of Advanced Spectroscopic Portal
monitors for primary and secondary deployment that address the
unique requirements for operational effectiveness of each type
of deployment: Provided further, That the Secretary shall
consult with the National Academy of Sciences before making
such certifications: Provided further, That none of the funds
appropriated under this heading shall be used for high-risk
concurrent development and production of mutually dependent
software and hardware.
TITLE V
GENERAL PROVISIONS
(INCLUDING RESCISSIONS OF FUNDS)
Sec. 501. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal
year unless expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of this
Act, the unexpended balances of prior appropriations provided
for activities in this Act may be transferred to appropriation
accounts for such activities established pursuant to this Act,
may be merged with funds in the applicable established
accounts, and thereafter may be accounted for as one fund for
the same time period as originally enacted.
Sec. 503. (a) None of the funds provided by this Act,
provided by previous appropriations Acts to the agencies in or
transferred to the Department of Homeland Security that remain
available for obligation or expenditure in fiscal year 2009, or
provided from any accounts in the Treasury of the United States
derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds that: (1) creates
a new program, project, or activity; (2) eliminates a program,
project, office, or activity; (3) increases funds for any
program, project, or activity for which funds have been denied
or restricted by the Congress; (4) proposes to use funds
directed for a specific activity by either of the Committees on
Appropriations of the Senate or the House of Representatives
for a different purpose; or (5) contracts out any function or
activity for which funding levels were requested for Federal
full-time equivalents in the object classification tables
contained in the fiscal year 2009 Budget Appendix for the
Department of Homeland Security, as modified by the explanatory
statement accompanying this Act, unless the Committees on
Appropriations of the Senate and the House of Representatives
are notified 15 days in advance of such reprogramming of funds.
(b) None of the funds provided by this Act, provided by
previous appropriations Acts to the agencies in or transferred
to the Department of Homeland Security that remain available
for obligation or expenditure in fiscal year 2009, or provided
from any accounts in the Treasury of the United States derived
by the collection of fees or proceeds available to the agencies
funded by this Act, shall be available for obligation or
expenditure for programs, projects, or activities through a
reprogramming of funds in excess of $5,000,000 or 10 percent,
whichever is less, that: (1) augments existing programs,
projects, or activities; (2) reduces by 10 percent funding for
any existing program, project, or activity, or numbers of
personnel by 10 percent as approved by the Congress; or (3)
results from any general savings from a reduction in personnel
that would result in a change in existing programs, projects,
or activities as approved by the Congress, unless the
Committees on Appropriations of the Senate and the House of
Representatives are notified 15 days in advance of such
reprogramming of funds.
(c) Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Homeland Security by this Act or provided by previous
appropriations Acts may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10
percent by such transfers: Provided, That any transfer under
this section shall be treated as a reprogramming of funds under
subsection (b) and shall not be available for obligation unless
the Committees on Appropriations of the Senate and the House of
Representatives are notified 15 days in advance of such
transfer.
(d) Notwithstanding subsections (a), (b), and (c) of this
section, no funds shall be reprogrammed within or transferred
between appropriations after June 30, except in extraordinary
circumstances that imminently threaten the safety of human life
or the protection of property.
(e) Within 90 days after the date of enactment of this Act,
the Secretary of Homeland Security shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives a report listing all dollar amounts specified
in this Act and accompanying explanatory statement that are
identified in the detailed funding table at the end of the
explanatory statement accompanying this Act or any other
amounts specified in this Act or accompanying explanatory
statement: Provided, That such dollar amounts specified in this
Act and accompanying explanatory statement shall be subject to
the conditions and requirements of subsections (a), (b), and
(c) of this section.
Sec. 504. The Department of Homeland Security Working Capital
Fund, established pursuant to section 403 of Public Law 103-356
(31 U.S.C. 501 note), shall continue operations as a permanent
working capital fund for fiscal year 2009: Provided, That none
of the funds appropriated or otherwise made available to the
Department of Homeland Security may be used to make payments to
the Working Capital Fund, except for the activities and amounts
allowed in the President's fiscal year 2009 budget: Provided
further, That funds provided to the Working Capital Fund shall
be available for obligation until expended to carry out the
purposes of the Working Capital Fund: Provided further, That
all departmental components shall be charged only for direct
usage of each Working Capital Fund service: Provided further,
That funds provided to the Working Capital Fund shall be used
only for purposes consistent with the contributing component:
Provided further, That such fund shall be paid in advance or
reimbursed at rates which will return the full cost of each
service: Provided further, That the Working Capital Fund shall
be subject to the requirements of section 503 of this Act.
Sec. 505. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining
available at the end of fiscal year 2009 from appropriations
for salaries and expenses for fiscal year 2009 in this Act
shall remain available through September 30, 2010, in the
account and for the purposes for which the appropriations were
provided: Provided, That prior to the obligation of such funds,
a request shall be submitted to the Committees on
Appropriations of the Senate and the House of Representatives
for approval in accordance with section 503 of this Act.
Sec. 506. Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the
Congress for purposes of section 504 of the National Security
Act of 1947 (50 U.S.C. 414) during fiscal year 2009 until the
enactment of an Act authorizing intelligence activities for
fiscal year 2009.
Sec. 507. None of the funds made available by this Act may be
used to make a grant allocation, discretionary grant award,
discretionary contract award, or to issue a letter of intent
totaling in excess of $1,000,000, or to announce publicly the
intention to make such an award, including a contract covered
by the Federal Acquisition Regulation, unless the Secretary of
Homeland Security notifies the Committees on Appropriations of
the Senate and the House of Representatives at least 3 full
business days in advance of making such an award or issuing
such a letter: Provided, That if the Secretary of Homeland
Security determines that compliance with this section would
pose a substantial risk to human life, health, or safety, an
award may be made without notification and the Committees on
Appropriations of the Senate and the House of Representatives
shall be notified not later than 5 full business days after
such an award is made or letter issued: Provided further, That
no notification shall involve funds that are not available for
obligation: Provided further, That the notification shall
include the amount of the award, the fiscal year in which the
funds for the award were appropriated, and the account from
which the funds are being drawn: Provided further, That the
Federal Emergency Management Agency shall brief the Committees
on Appropriations of the Senate and the House of
Representatives 5 full business days in advance of announcing
publicly the intention of making an award under the State
Homeland Security Grant Program; Urban Area Security
Initiative; and the Regional Catastrophic Preparedness Grant
Program.
Sec. 508. Notwithstanding any other provision of law, no
agency shall purchase, construct, or lease any additional
facilities, except within or contiguous to existing locations,
to be used for the purpose of conducting Federal law
enforcement training without the advance approval of the
Committees on Appropriations of the Senate and the House of
Representatives, except that the Federal Law Enforcement
Training Center is authorized to obtain the temporary use of
additional facilities by lease, contract, or other agreement
for training which cannot be accommodated in existing Center
facilities.
Sec. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any
construction, repair, alteration, or acquisition project for
which a prospectus otherwise required under chapter 33 of title
40, United States Code, has not been approved, except that
necessary funds may be expended for each project for required
expenses for the development of a proposed prospectus.
Sec. 510. Sections 519, 520, 522, 528, 530, and 531 of the
Department of Homeland Security Appropriations Act, 2008
(division E of Public Law 110-161; 121 Stat. 2072, 2073, 2074,
2082) shall apply with respect to funds made available in this
Act in the same manner as such sections applied to funds made
available in that Act.
Sec. 511. None of the funds in this Act may be used in
contravention of the applicable provisions of the Buy American
Act (41 U.S.C. 10a et seq.).
Sec. 512. (a) None of the funds provided by this or previous
appropriations Acts may be obligated for deployment or
implementation, on other than a test basis, of the Secure
Flight program or any other follow-on or successor passenger
prescreening program, until the Secretary of Homeland Security
certifies, and the Government Accountability Office reports, to
the Committees on Appropriations of the Senate and the House of
Representatives, that all ten of the conditions contained in
paragraphs (1) through (10) of section 522(a) of Public Law
108-334 (118 Stat. 1319) have been successfully met.
(b) The report required by subsection (a) shall be submitted
within 90 days after the Secretary provides the requisite
certification, and periodically thereafter, if necessary, until
the Government Accountability Office confirms that all ten
conditions have been successfully met.
(c) Within 90 days after the date of enactment of this Act,
the Secretary of Homeland Security shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives a detailed plan that describes: (1) the dates
for achieving key milestones, including the date or timeframes
that the Secretary will certify the program under subsection
(a); and (2) the methodology to be followed to support the
Secretary's certification, as required under subsection (a).
(d) During the testing phase permitted by subsection (a), no
information gathered from passengers, foreign or domestic air
carriers, or reservation systems may be used to screen aviation
passengers, or delay or deny boarding to such passengers,
except in instances where passenger names are matched to a
Government watch list.
(e) None of the funds provided in this or previous
appropriations Acts may be utilized to develop or test
algorithms assigning risk to passengers whose names are not on
Government watch lists.
(f) None of the funds provided in this or any other Act may
be used for data or a database that is obtained from or remains
under the control of a non-Federal entity: Provided, That this
restriction shall not apply to Passenger Name Record data
obtained from air carriers.
Sec. 513. None of the funds made available in this Act may be
used to amend the oath of allegiance required by section 337 of
the Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 514. None of the funds appropriated by this Act may be
used to process or approve a competition under Office of
Management and Budget Circular A-76 for services provided as of
June 1, 2004, by employees (including employees serving on a
temporary or term basis) of United States Citizenship and
Immigration Services of the Department of Homeland Security who
are known as of that date as Immigration Information Officers,
Contact Representatives, or Investigative Assistants.
Sec. 515. (a) The Secretary of Homeland Security shall
research, develop, and procure new technologies to inspect and
screen air cargo carried on passenger aircraft by the earliest
date possible.
(b) Existing checked baggage explosive detection equipment
and screeners shall be utilized to screen air cargo carried on
passenger aircraft to the greatest extent practicable at each
airport until technologies developed under subsection (a) are
available.
(c) The Assistant Secretary of Homeland Security
(Transportation Security Administration) shall work with air
carriers and airports to ensure that the screening of cargo
carried on passenger aircraft, as defined in section
44901(g)(5) of title 49, United States Code, increases
incrementally each quarter.
(d) Not later than 45 days after the end of each quarter, the
Assistant Secretary shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a
report on air cargo inspection statistics by airport and air
carrier detailing the incremental progress being made to meet
the requirements of section 44901(g)(2) of title 49, United
States Code.
Sec. 516. Except as provided in section 44945 of title 49,
United States Code, funds appropriated or transferred to
Transportation Security Administration ``Aviation Security'',
``Administration'' and ``Transportation Security Support'' for
fiscal years 2004, 2005, 2006, and 2007 that are recovered or
deobligated shall be available only for the procurement or
installation of explosives detection systems, for air cargo,
baggage, and checkpoint screening systems, subject to
notification: Provided, That quarterly reports shall be
submitted to the Committees on Appropriations of the Senate and
the House of Representatives on any funds that are recovered or
deobligated.
Sec. 517. Any funds appropriated to United States Coast
Guard, ``Acquisition, Construction, and Improvements'' for
fiscal years 2002, 2003, 2004, 2005, and 2006 for the 110-123
foot patrol boat conversion that are recovered, collected, or
otherwise received as the result of negotiation, mediation, or
litigation, shall be available until expended for the
Replacement Patrol Boat (FRC-B) program.
Sec. 518. (a)(1) Except as provided in paragraph (2), none of
the funds provided in this or any other Act shall be available
to commence or continue operations of the National Applications
Office until--
(A) the Secretary certifies in fiscal year 2009 that:
(i) National Applications Office programs comply with
all existing laws, including all applicable privacy and
civil liberties standards; and, (ii) that clear
definitions of all proposed domains are established and
are auditable;
(B) the Comptroller General of the United States
notifies the Committees on Appropriations of the Senate
and the House of Representatives and the Secretary that
the Comptroller has reviewed such certification; and
(C) the Secretary notifies the Committees of all
funds to be expended on the National Applications
Office pursuant to section 503 of this Act.
(2) Paragraph (1) shall not apply with respect to any use of
funds for activities substantially similar to such activities
conducted by the Department of the Interior as set forth in the
1975 charter for the Civil Applications Committee under the
provisions of law codified at section 31 of title 43, United
States Code.
(b) The Inspector General shall provide to the Committees on
Appropriations of the Senate and the House of Representatives,
starting six months after the date of enactment of this Act,
and quarterly thereafter, a classified report containing a
review of the data collected by the National Applications
Office, including a description of the collection purposes and
the legal authority under which the collection activities were
authorized: Provided, That the report shall also include a
listing of all data collection activities carried out on behalf
of the National Applications Office by any component of the
National Guard.
(c) None of the funds provided in this or any other Act shall
be available to commence operations of the National Immigration
Information Sharing Operation until the Secretary certifies
that such program complies with all existing laws, including
all applicable privacy and civil liberties standards, the
Comptroller General of the United States notifies the
Committees on Appropriations of the Senate and the House of
Representatives and the Secretary that the Comptroller has
reviewed such certification, and the Secretary notifies the
Committees on Appropriations of the Senate and the House of
Representatives of all funds to be expended on the National
Immigration Information Sharing Operation pursuant to section
503.
Sec. 519. Within 45 days after the close of each month, the
Chief Financial Officer of the Department of Homeland Security
shall submit to the Committees on Appropriations of the Senate
and the House of Representatives a monthly budget and staffing
report that includes total obligations, on-board versus funded
full-time equivalent staffing levels, and the number of
contract employees by office.
Sec. 520. Section 532(a) of Public Law 109-295 (120 Stat.
1384) is amended by striking ``2008'' and inserting ``2009''.
Sec. 521. The functions of the Federal Law Enforcement
Training Center instructor staff shall be classified as
inherently governmental for the purpose of the Federal
Activities Inventory Reform Act of 1998 (31 U.S.C. 501 note).
Sec. 522. (a) None of the funds provided by this or any other
Act may be obligated for the development, testing, deployment,
or operation of any portion of a human resources management
system authorized by 5 U.S.C. 9701(a), or by regulations
prescribed pursuant to such section, for an employee as defined
in 5 U.S.C. 7103(a)(2).
(b) The Secretary of Homeland Security shall collaborate with
employee representatives in the manner prescribed in 5 U.S.C.
9701(e), in the planning, testing, and development of any
portion of a human resources management system that is
developed, tested, or deployed for persons excluded from the
definition of employee as that term is defined in 5 U.S.C.
7103(a)(2).
Sec. 523. In fiscal year 2009, none of the funds made
available in this or any other Act may be used to enforce
section 4025(1) of Public Law 108-458 unless the Assistant
Secretary of Homeland Security (Transportation Security
Administration) reverses the determination of July 19, 2007,
that butane lighters are not a significant threat to civil
aviation security.
Sec. 524. Funds made available in this Act may be used to
alter operations within the Civil Engineering Program of the
Coast Guard nationwide, including civil engineering units,
facilities design and construction centers, maintenance and
logistics commands, and the Coast Guard Academy, except that
none of the funds provided in this Act may be used to reduce
operations within any Civil Engineering Unit unless
specifically authorized by a statute enacted after the date of
the enactment of this Act.
Sec. 525. (a) Except as provided in subsection (b), none of
the funds appropriated in this or any other Act to the Office
of the Secretary and Executive Management, the Office of the
Under Secretary for Management, or the Office of the Chief
Financial Officer, may be obligated for a grant or contract
funded under such headings by a means other than full and open
competition.
(b) Subsection (a) does not apply to obligation of funds for
a contract awarded--
(1) by a means that is required by a Federal statute,
including obligation for a purchase made under a
mandated preferential program, such as the AbilityOne
Program, that is authorized under the Javits-Wagner-
O'Day Act (41 U.S.C. 46 et seq.);
(2) under the Small Business Act (15 U.S.C. 631 et
seq.);
(3) in an amount less than the simplified acquisition
threshold described under section 302A(a) of the
Federal Property and Administrative Services Act of
1949 (41 U.S.C. 252a(a)); or
(4) by another Federal agency using funds provided
through an interagency agreement.
(c)(1) Subject to paragraph (2), the Secretary of Homeland
Security may waive the application of this section for the
award of a contract in the interest of national security or if
failure to do so would pose a substantial risk to human health
or welfare.
(2) Not later than 5 days after the date on which the
Secretary of Homeland Security issues a waiver under this
subsection, the Secretary shall submit notification of that
waiver to the Committees on Appropriations of the Senate and
the House of Representatives, including a description of the
applicable contract and an explanation of why the waiver
authority was used. The Secretary may not delegate the
authority to grant such a waiver.
(d) In addition to the requirements established by this
section, the Inspector General for the Department of Homeland
Security shall review departmental contracts awarded through
other than full and open competition to assess departmental
compliance with applicable laws and regulations: Provided, That
the Inspector General shall review selected contracts awarded
in the previous fiscal year through other than full and open
competition: Provided further, That in determining which
contracts to review, the Inspector General shall consider the
cost and complexity of the goods and services to be provided
under the contract, the criticality of the contract to
fulfilling Department missions, past performance problems on
similar contracts or by the selected vendor, complaints
received about the award process or contractor performance, and
such other factors as the Inspector General deems relevant:
Provided further, That the Inspector General shall report the
results of the reviews to the Committees on Appropriations of
the Senate and the House of Representatives.
Sec. 526. None of the funds provided by this or previous
appropriations Acts shall be used to fund any position
designated as a Principal Federal Official for any Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.) declared disasters or emergencies.
Sec. 527. None of the funds made available in this Act may
be used by United States Citizenship and Immigration Services
to grant an immigration benefit unless the results of
background checks required by law to be completed prior to the
granting of the benefit have been received by United States
Citizenship and Immigration Services, and the results do not
preclude the granting of the benefit.
Sec. 528. None of the funds made available in this Act may be
used to destroy or put out to pasture any horse or other equine
belonging to the Federal Government that has become unfit for
service, unless the trainer or handler is first given the
option to take possession of the equine through an adoption
program that has safeguards against slaughter and inhumane
treatment.
Sec. 529. None of the funds provided in this Act shall be
available to carry out section 872 of Public Law 107-296.
Sec. 530. None of the funds provided in this Act under the
heading ``Office of the Chief Information Officer'' shall be
used for data center development other than for the National
Center for Critical Information Processing and Storage until
the Chief Information Officer certifies that the National
Center for Critical Information Processing and Storage is fully
utilized as the Department's primary data storage center at the
highest capacity throughout the fiscal year.
Sec. 531. None of the funds in this Act shall be used to
reduce the United States Coast Guard's Operations Systems
Center mission or its government-employed or contract staff
levels.
Sec. 532. None of the funds appropriated by this Act may be
used to conduct, or to implement the results of, a competition
under Office of Management and Budget Circular A-76 for
activities performed with respect to the Coast Guard National
Vessel Documentation Center.
Sec. 533. The Secretary of Homeland Security shall require
that all contracts of the Department of Homeland Security that
provide award fees link such fees to successful acquisition
outcomes (which outcomes shall be specified in terms of cost,
schedule, and performance).
Sec. 534. None of the funds made available to the Office of
the Secretary and Executive Management under this Act may be
expended for any new hires by the Department of Homeland
Security that are not verified through the basic pilot program
under section 401 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note).
Sec. 535. None of the funds made available in this Act for
U.S. Customs and Border Protection may be used to prevent an
individual not in the business of importing a prescription drug
(within the meaning of section 801(g) of the Federal Food,
Drug, and Cosmetic Act) from importing a prescription drug from
Canada that complies with the Federal Food, Drug, and Cosmetic
Act: Provided, That this section shall apply only to
individuals transporting on their person a personal-use
quantity of the prescription drug, not to exceed a 90-day
supply: Provided further, That the prescription drug may not
be--
(1) a controlled substance, as defined in section 102
of the Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351
of the Public Health Service Act (42 U.S.C. 262).
Sec. 536. None of the funds made available in this Act may be
used by the Secretary of Homeland Security or any delegate of
the Secretary to issue any rule or regulation which implements
the Notice of Proposed Rulemaking related to Petitions for
Aliens To Perform Temporary Nonagricultural Services or Labor
(H-2B) set out beginning on 70 Fed. Reg. 3984 (January 27,
2005).
Sec. 537. Section 831 of the Homeland Security Act of 2002
(6 U.S.C. 391) is amended--
(1) in subsection (a), by striking ``Until September
30, 2008,'' and inserting ``Until September 30, 2009
and subject to subsection (d),'';
(2) by redesignating subsection (d) as subsection
(e); and
(3) by inserting after subsection (c) the following:
``(d) Additional Requirements.--
``(1) In general.--The authority of the Secretary
under this section shall terminate September 30, 2009,
unless before that date the Secretary--
``(A) issues policy guidance detailing the
appropriate use of that authority; and
``(B) provides training to each employee that
is authorized to exercise that authority.
``(2) Report.--The Secretary shall provide an annual
report to the Committees on Appropriations of the
Senate and the House of Representatives, the Committee
on Homeland Security and Governmental Affairs of the
Senate, and the Committee on Homeland Security of the
House of Representatives detailing the projects for
which the authority granted by subsection (a) was used,
the rationale for its use, the funds spent using that
authority, the outcome of each project for which that
authority was used, and the results of any audits of
such projects.''.
Sec. 538. None of the funds made available in this Act may be
used for planning, testing, piloting, or developing a national
identification card.
Sec. 539. (a) Notwithstanding any other provision of this
Act, except as provided in subsection (b), and 30 days after
the date that the President determines whether to declare a
major disaster because of an event and any appeal is completed,
the Administrator shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate, the Committee
on Homeland Security of the House of Representatives, the
Committee on Transportation and Infrastructure of the House of
Representatives, the Committees on Appropriations of the Senate
and the House of Representatives, and publish on the website of
the Federal Emergency Management Agency, a report regarding
that decision, which shall summarize damage assessment
information used to determine whether to declare a major
disaster.
(b) The Administrator may redact from a report under
subsection (a) any data that the Administrator determines would
compromise national security.
(c) In this section--
(1) the term ``Administrator'' means the
Administrator of the Federal Emergency Management
Agency; and
(2) the term ``major disaster'' has the meaning given
that term in section 102 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122).
Sec. 540. Notwithstanding any other provision of law, should
the Secretary of Homeland Security determine that the National
Bio and Agro-defense Facility be located at a site other than
Plum Island, New York, the Secretary shall liquidate the Plum
Island asset by directing the Administrator of General Services
to sell through public sale all real and related personal
property and transportation assets which support Plum Island
operations, subject to such terms and conditions as necessary
to protect government interests and meet program requirements:
Provided, That the gross proceeds of such sale shall be
deposited as offsetting collections into the Department of
Homeland Security Science and Technology ``Research,
Development, Acquisition, and Operations'' account and, subject
to appropriation, shall be available until expended, for site
acquisition, construction, and costs related to the
construction of the National Bio and Agro-defense Facility,
including the costs associated with the sale, including due
diligence requirements, necessary environmental remediation at
Plum Island, and reimbursement of expenses incurred by the
General Services Administration which shall not exceed 1
percent of the sale price: Provided further, That after the
completion of construction and environmental remediation, the
unexpended balances of funds appropriated for costs in the
preceding proviso shall be available for transfer to the
appropriate account for design and construction of a
consolidated Department of Homeland Security Headquarters
project, excluding daily operations and maintenance costs,
notwithstanding section 503 of this Act, and the Committees on
Appropriations of the Senate and the House of Representatives
shall be notified 15 days prior to such transfer.
Sec. 541. Any official that is required by this Act to
report or certify to the Committees on Appropriations of the
Senate and the House of Representatives may not delegate such
authority to perform that act unless specifically authorized
herein.
Sec. 542. The Secretary of Homeland Security, in
consultation with the Secretary of the Treasury, shall notify
the Committees on Appropriations of the Senate and the House of
Representatives of any proposed transfers of funds available
under 31 U.S.C. 9703.2(g)(4)(B) from the Department of the
Treasury Forfeiture Fund to any agency within the Department of
Homeland Security: Provided, That none of the funds identified
for such a transfer may be obligated until the Committees on
Appropriations of the Senate and the House of Representatives
approve the proposed transfers.
Sec. 543. Section 520 of Public Law 108-90 (6 U.S.C. 469) is
amended--
(1) by inserting ``(a) Fees.--'' before ``For fiscal
year 2004 and thereafter''; and
(2) by adding at the end the following:
``(b) Recurrent Training of Aliens in Operation of
Aircraft.--
``(1) Process for reviewing threat assessments.--
Notwithstanding section 44939(e) of title 49, United
States Code, the Secretary shall establish a process to
ensure that an alien (as defined in section 101(a)(3)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(3)) applying for recurrent training in the
operation of any aircraft is properly identified and
has not, since the time of any prior threat assessment
conducted pursuant to section 44939(a) of such title,
become a risk to aviation or national security.
``(2) Interruption of training.--If the Secretary
determines, in carrying out the process established
under paragraph (1), that an alien is a present risk to
aviation or national security, the Secretary shall
immediately notify the person providing the training of
the determination and that person shall not provide the
training or if such training has commenced that person
shall immediately terminate the training.
``(3) Fees.--The Secretary may charge reasonable fees
under subsection (a) for providing credentialing and
background investigations for aliens in connection with
the process for recurrent training established under
paragraph (1). Such fees shall be promulgated by notice
in the Federal Register.''.
Sec. 544. (a) Not later than six months from the date of
enactment of this Act, the Secretary of Homeland Security shall
consult with the Secretaries of Defense and Transportation and
develop a concept of operations for unmanned aerial systems in
the United States national airspace system for the purposes of
border and maritime security operations.
(b) The Secretary of Homeland Security shall report to the
Committees on Appropriations of the Senate and the House of
Representatives not later than 30 days after the date of
enactment of this Act on any foreseeable challenges to
complying with subsection (a).
Sec. 545. If the Assistant Secretary of Homeland Security
(Transportation Security Administration) determines that an
airport does not need to participate in the basic pilot
program, the Assistant Secretary shall certify to the
Committees on Appropriations of the Senate and the House of
Representatives that no security risks will result by such non-
participation.
Sec. 546. Notwithstanding any other provision of law, and not
later than 30 days after the date of submission of a request
for a single payment, the President shall provide a single
payment for any eligible costs under section 406 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5172) for any police station, fire station, or criminal
justice facility that was damaged by Hurricane Katrina of 2005
or Hurricane Rita of 2005: Provided, That the President shall
not reduce the amount of assistance provided under section
406(c)(1) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5172(c)(1)) for such
facilities: Provided further, That nothing in the previous
proviso may be construed to alter the appeal or review process
relating to assistance provided under section 406 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5172): Provided further, That the President shall not
reduce the amount of assistance provided to a local government
under section 406(d) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5172(d)) more than once
for each such type of facility for which that local government
is receiving assistance under section 406 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act relating
to Hurricane Katrina of 2005 or Hurricane Rita of 2005.
Sec. 547. For grants to States pursuant to section 204(a) of
the REAL ID Act of 2005 (division B of Public Law 109-13),
$50,000,000, to remain available until expended. In addition,
for developing an information sharing and verification
capability with States to support implementation of the REAL ID
Act, $50,000,000, to remain available until expended: Provided,
That none of the funds provided in this section for development
of the information sharing and verification system shall be
available to create any new system of records from the data
accessible by such information technology system, or to create
any means of access by Federal agencies to such information
technology system other than to fulfill responsibilities
pursuant to the REAL ID Act of 2005.
Sec. 548. Notwithstanding any other provision of law, the
Federal Emergency Management Agency shall reimburse Jones
County and Harrison County in the State of Mississippi under
section 407 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5173) for unreimbursed
costs relating to the removal of debris that were incurred by
such counties as a result of Hurricane Katrina in 2005.
Sec. 549. From the unobligated balances of prior year
appropriations made available for Transportation Security
Administration, $31,000,000 are rescinded: Provided, That the
Transportation Security Administration shall not rescind any
unobligated balances from the following programs: screener
partnership program; explosives detection systems; checkpoint
support; aviation regulation and other enforcement; air cargo;
and air cargo research and development.
Sec. 550. From the unobligated balances of prior year
appropriations made available for ``Analysis and Operations'',
$21,373,000 are rescinded.
Sec. 551. From unobligated balances of prior year
appropriations made available for Coast Guard ``Acquisition,
Construction, and Improvements'', $20,000,000 are rescinded:
Provided, That no funds shall be rescinded from prior year
appropriations provided for the National Security Cutter or the
Maritime Patrol Aircraft: Provided further, That the Coast
Guard shall submit notification in accordance with section 503
of this Act listing projects for which funding will be
rescinded.
Sec. 552. For fiscal year 2008, funds made available for
Federal Emergency Management Agency ``National Predisaster
Mitigation Fund'' shall be provided as detailed in the
explanatory statement accompanying Public Law 110-161.
Sec. 553. Section 203(m) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5133(m)) is
amended by striking ``September 30, 2008'' and inserting
``September 30, 2009''.
This division may be cited as the ``Department of Homeland
Security Appropriations Act, 2009''.
DIVISION E--MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED
AGENCIES APPROPRIATIONS ACT, 2009
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for military
construction, the Department of Veterans Affairs, and related
agencies for the fiscal year ending September 30, 2009, and for
other purposes, namely:
TITLE I
DEPARTMENT OF DEFENSE
Military Construction, Army
(INCLUDING RESCISSIONS OF FUNDS)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations,
facilities, and real property for the Army as currently
authorized by law, including personnel in the Army Corps of
Engineers and other personal services necessary for the
purposes of this appropriation, and for construction and
operation of facilities in support of the functions of the
Commander in Chief, $4,692,648,000, to remain available until
September 30, 2013: Provided, That of this amount, not to
exceed $178,685,000 shall be available for study, planning,
design, architect and engineer services, and host nation
support, as authorized by law, unless the Secretary of Defense
determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of both
Houses of Congress of the determination and the reasons
therefor: Provided further, That the amount appropriated in
this paragraph shall be for the projects and activities, and in
the amounts, specified under the heading ``Military
Construction, Army'', and under the headings ``Army'' in the
table entitled ``Military Construction'', in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That of
the funds appropriated for ``Military Construction, Army''
under Public Law 110-5, $34,720,000 are hereby rescinded:
Provided further, That of the funds appropriated for ``Military
Construction, Army'' under Public Law 110-161, $16,600,000 are
hereby rescinded.
Military Construction, Navy and Marine Corps
For acquisition, construction, installation, and equipment of
temporary or permanent public works, naval installations,
facilities, and real property for the Navy and Marine Corps as
currently authorized by law, including personnel in the Naval
Facilities Engineering Command and other personal services
necessary for the purposes of this appropriation,
$3,333,369,000, to remain available until September 30, 2013:
Provided, That of this amount, not to exceed $246,528,000 shall
be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Secretary
of Defense determines that additional obligations are necessary
for such purposes and notifies the Committees on Appropriations
of both Houses of Congress of the determination and the reasons
therefor: Provided further, That the amount appropriated in
this paragraph shall be for the projects and activities, and in
the amounts, specified under the heading ``Military
Construction, Navy and Marine Corps'', and under the headings
``Navy'' in the table entitled ``Military Construction'', in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
Military Construction, Air Force
(INCLUDING RESCISSION OF FUNDS)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations,
facilities, and real property for the Air Force as currently
authorized by law, $1,117,746,000, to remain available until
September 30, 2013: Provided, That of this amount, not to
exceed $93,436,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by
law, unless the Secretary of Defense determines that additional
obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further, That
the amount appropriated in this paragraph shall be for the
projects and activities, and in the amounts, specified under
the heading ``Military Construction, Air Force'', and under the
headings ``Air Force'' in the table entitled ``Military
Construction'', in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act): Provided further, That of the funds
appropriated for ``Military Construction, Air Force'' under
Public Law 110-161, $20,821,000 are hereby rescinded.
Military Construction, Defense-Wide
(INCLUDING TRANSFER AND RESCISSION OF FUNDS)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, facilities,
and real property for activities and agencies of the Department
of Defense (other than the military departments), as currently
authorized by law, $1,695,204,000, to remain available until
September 30, 2013: Provided, That such amounts of this
appropriation as may be determined by the Secretary of Defense
may be transferred to such appropriations of the Department of
Defense available for military construction or family housing
as the Secretary may designate, to be merged with and to be
available for the same purposes, and for the same time period,
as the appropriation or fund to which transferred: Provided
further, That of the amount appropriated, not to exceed
$186,060,000 shall be available for study, planning, design,
and architect and engineer services, as authorized by law,
unless the Secretary of Defense determines that additional
obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further, That
the amount appropriated in this paragraph shall be for the
projects and activities, and in the amounts, specified under
the heading ``Military Construction, Defense-Wide'', and under
the headings ``Defense-Wide'' in the table entitled ``Military
Construction'', in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act): Provided further, That of the funds
appropriated for ``Military Construction, Defense-Wide'' under
Public Law 108-324, $3,589,000 are hereby rescinded: Provided
further, That none of the funds appropriated under this heading
may be obligated or expended for site activation or
construction of a long-range missile defense system in a
European country until the government of the country in which
such missile defense system (including interceptors and
associated radars) is proposed to be deployed has given final
approval (including parliamentary ratification) to any missile
defense agreements negotiated between such government and the
United States Government concerning the proposed deployment of
such components in such country.
Military Construction, Army National Guard
(INCLUDING RESCISSION OF FUNDS)
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of
the Army National Guard, and contributions therefor, as
authorized by chapter 1803 of title 10, United States Code, and
Military Construction Authorization Acts, $736,317,000, to
remain available until September 30, 2013 Provided, That the
amount appropriated in this paragraph shall be for the projects
and activities, and in the amounts, specified under the heading
``Military Construction, Army National Guard'', and under the
headings ``Army National Guard'' in the table entitled
``Military Construction'', in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act): Provided further, That of the funds
appropriated for ``Military Construction, Army National Guard''
under Public Law 110-161, $1,400,000 are hereby rescinded.
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of
the Air National Guard, and contributions therefor, as
authorized by chapter 1803 of title 10, United States Code, and
Military Construction Authorization Acts, $242,924,000, to
remain available until September 30, 2013 Provided, That the
amount appropriated in this paragraph shall be for the projects
and activities, and in the amounts, specified under the heading
``Military Construction, Air National Guard'', and under the
headings ``Air National Guard'' in the table entitled
``Military Construction'', in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act).
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of
the Army Reserve as authorized by chapter 1803 of title 10,
United States Code, and Military Construction Authorization
Acts, $282,607,000, to remain available until September 30,
2013 Provided, That the amount appropriated in this paragraph
shall be for the projects and activities, and in the amounts,
specified under the heading ``Military Construction, Army
Reserve'', and under the headings ``Army Reserve'' in the table
entitled ``Military Construction'', in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
Military Construction, Navy Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of
the reserve components of the Navy and Marine Corps as
authorized by chapter 1803 of title 10, United States Code, and
Military Construction Authorization Acts, $57,045,000, to
remain available until September 30, 2013 Provided, That the
amount appropriated in this paragraph shall be for the projects
and activities, and in the amounts, specified under the heading
``Military Construction, Navy Reserve'', and under the headings
``Navy Reserve'' in the table entitled ``Military
Construction'', in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act).
Military Construction, Air Force Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of
the Air Force Reserve as authorized by chapter 1803 of title
10, United States Code, and Military Construction Authorization
Acts, $36,958,000, to remain available until September 30, 2013
Provided, That the amount appropriated in this paragraph shall
be for the projects and activities, and in the amounts,
specified under the heading ``Military Construction, Air Force
Reserve'', and under the headings ``Air Force Reserve'' in the
table entitled ``Military Construction'', in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
North Atlantic Treaty Organization
Security Investment Program
For the United States share of the cost of the North Atlantic
Treaty Organization Security Investment Program for the
acquisition and construction of military facilities and
installations (including international military headquarters)
and for related expenses for the collective defense of the
North Atlantic Treaty Area as authorized by section 2806 of
title 10, United States Code, and Military Construction
Authorization Acts, $230,867,000, to remain available until
expended.
Family Housing Construction, Army
For expenses of family housing for the Army for construction,
including acquisition, replacement, addition, expansion,
extension, and alteration, as authorized by law, $646,580,000,
to remain available until September 30, 2013: Provided, That
the amount appropriated in this paragraph shall be for the
projects and activities, and in the amounts, specified under
the heading ``Family Housing Construction, Army'', and under
the heading ``Family Housing Construction, Army'' in the table
entitled ``Military Construction'', in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation and
maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance
premiums, as authorized by law, $716,110,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps
for construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$380,123,000, to remain available until September 30, 2013:
Provided, That the amount appropriated in this paragraph shall
be for the projects and activities, and in the amounts,
specified under the heading ``Family Housing Construction, Navy
and Marine Corps'', and under the heading ``Family Housing
Construction, Navy and Marine Corps'' in the table entitled
``Military Construction'', in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act).
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps
for operation and maintenance, including debt payment, leasing,
minor construction, principal and interest charges, and
insurance premiums, as authorized by law, $376,062,000.
Family Housing Construction, Air Force
For expenses of family housing for the Air Force for
construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$395,879,000, to remain available until September 30, 2013:
Provided, That the amount appropriated in this paragraph shall
be for the projects and activities, and in the amounts,
specified under the heading ``Family Housing Construction, Air
Force'', and under the heading ``Family Housing Construction,
Air Force'' in the table entitled ``Military Construction'', in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for
operation and maintenance, including debt payment, leasing,
minor construction, principal and interest charges, and
insurance premiums, as authorized by law, $594,465,000.
Family Housing Operation and Maintenance, Defense-Wide
For expenses of family housing for the activities and
agencies of the Department of Defense (other than the military
departments) for operation and maintenance, leasing, and minor
construction, as authorized by law, $49,231,000.
Department of Defense Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement
Fund, $850,000, to remain available until expended, for family
housing initiatives undertaken pursuant to section 2883 of
title 10, United States Code, providing alternative means of
acquiring and improving military family housing and supporting
facilities.
Homeowners Assistance Fund
For the Homeowners Assistance Fund established by section
1013 of the Demonstration Cities and Metropolitan Development
Act of 1966, as amended (42 U.S.C. 3374), $4,500,000, to remain
available until expended.
Chemical Demilitarization Construction, Defense-Wide
For expenses of construction, not otherwise provided for,
necessary for the destruction of the United States stockpile of
lethal chemical agents and munitions in accordance with section
1412 of the Department of Defense Authorization Act, 1986 (50
U.S.C. 1521), and for the destruction of other chemical warfare
materials that are not in the chemical weapon stockpile, as
currently authorized by law, $144,278,000, to remain available
until September 30, 2013, which shall be only for the Assembled
Chemical Weapons Alternatives program: Provided, That the
amount appropriated in this paragraph shall be for the projects
and activities, and in the amounts, specified under the heading
``Chemical Demilitarization Construction, Defense-Wide'' in the
table entitled ``Military Construction'' in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
Department of Defense Base Closure Account 1990
For deposit into the Department of Defense Base Closure
Account 1990, established by section 2906(a)(1) of the Defense
Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note),
$458,377,000, to remain available until expended.
Department of Defense Base Closure Account 2005
For deposit into the Department of Defense Base Closure
Account 2005, established by section 2906A(a)(1) of the Defense
Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note),
$8,765,613,000, to remain available until expended: Provided,
That the Department of Defense shall notify the Committees on
Appropriations of both Houses of Congress 14 days prior to
obligating an amount for a construction project that exceeds or
reduces the amount identified for that project in the most
recently submitted budget request for this account by 20
percent or $2,000,000, whichever is less: Provided further,
That the previous proviso shall not apply to projects costing
less than $5,000,000, except for those projects not previously
identified in any budget submission for this account and
exceeding the minor construction threshold under 10 U.S.C.
2805.
Administrative Provisions
Sec. 101. None of the funds made available in this title
shall be expended for payments under a cost-plus-a-fixed-fee
contract for construction, where cost estimates exceed $25,000,
to be performed within the United States, except Alaska,
without the specific approval in writing of the Secretary of
Defense setting forth the reasons therefor.
Sec. 102. Funds made available in this title for construction
shall be available for hire of passenger motor vehicles.
Sec. 103. Funds made available in this title for construction
may be used for advances to the Federal Highway Administration,
Department of Transportation, for the construction of access
roads as authorized by section 210 of title 23, United States
Code, when projects authorized therein are certified as
important to the national defense by the Secretary of Defense.
Sec. 104. None of the funds made available in this title may
be used to begin construction of new bases in the United States
for which specific appropriations have not been made.
Sec. 105. None of the funds made available in this title
shall be used for purchase of land or land easements in excess
of 100 percent of the value as determined by the Army Corps of
Engineers or the Naval Facilities Engineering Command, except:
(1) where there is a determination of value by a Federal court;
(2) purchases negotiated by the Attorney General or the
designee of the Attorney General; (3) where the estimated value
is less than $25,000; or (4) as otherwise determined by the
Secretary of Defense to be in the public interest.
Sec. 106. None of the funds made available in this title
shall be used to: (1) acquire land; (2) provide for site
preparation; or (3) install utilities for any family housing,
except housing for which funds have been made available in
annual Acts making appropriations for military construction.
Sec. 107. None of the funds made available in this title for
minor construction may be used to transfer or relocate any
activity from one base or installation to another, without
prior notification to the Committees on Appropriations of both
Houses of Congress.
Sec. 108. None of the funds made available in this title may
be used for the procurement of steel for any construction
project or activity for which American steel producers,
fabricators, and manufacturers have been denied the opportunity
to compete for such steel procurement.
Sec. 109. None of the funds available to the Department of
Defense for military construction or family housing during the
current fiscal year may be used to pay real property taxes in
any foreign nation.
Sec. 110. None of the funds made available in this title may
be used to initiate a new installation overseas without prior
notification to the Committees on Appropriations of both Houses
of Congress.
Sec. 111. None of the funds made available in this title may
be obligated for architect and engineer contracts estimated by
the Government to exceed $500,000 for projects to be
accomplished in Japan, in any North Atlantic Treaty
Organization member country, or in countries bordering the
Arabian Sea, unless such contracts are awarded to United States
firms or United States firms in joint venture with host nation
firms.
Sec. 112. None of the funds made available in this title for
military construction in the United States territories and
possessions in the Pacific and on Kwajalein Atoll, or in
countries bordering the Arabian Sea, may be used to award any
contract estimated by the Government to exceed $1,000,000 to a
foreign contractor: Provided, That this section shall not be
applicable to contract awards for which the lowest responsive
and responsible bid of a United States contractor exceeds the
lowest responsive and responsible bid of a foreign contractor
by greater than 20 percent: Provided further, That this section
shall not apply to contract awards for military construction on
Kwajalein Atoll for which the lowest responsive and responsible
bid is submitted by a Marshallese contractor.
Sec. 113. The Secretary of Defense is to inform the
appropriate committees of both Houses of Congress, including
the Committees on Appropriations, of the plans and scope of any
proposed military exercise involving United States personnel 30
days prior to its occurring, if amounts expended for
construction, either temporary or permanent, are anticipated to
exceed $100,000.
Sec. 114. Not more than 20 percent of the funds made
available in this title which are limited for obligation during
the current fiscal year shall be obligated during the last two
months of the fiscal year.
(INCLUDING TRANSFER OF FUNDS)
Sec. 115. Funds appropriated to the Department of Defense for
construction in prior years shall be available for construction
authorized for each such military department by the
authorizations enacted into law during the current session of
Congress.
Sec. 116. For military construction or family housing
projects that are being completed with funds otherwise expired
or lapsed for obligation, expired or lapsed funds may be used
to pay the cost of associated supervision, inspection,
overhead, engineering and design on those projects and on
subsequent claims, if any.
Sec. 117. Notwithstanding any other provision of law, any
funds made available to a military department or defense agency
for the construction of military projects may be obligated for
a military construction project or contract, or for any portion
of such a project or contract, at any time before the end of
the fourth fiscal year after the fiscal year for which funds
for such project were made available, if the funds obligated
for such project: (1) are obligated from funds available for
military construction projects; and (2) do not exceed the
amount appropriated for such project, plus any amount by which
the cost of such project is increased pursuant to law.
Sec. 118. (a) The Secretary of Defense, in consultation with
the Secretary of State, shall submit to the Committees on
Appropriations of both Houses of Congress, by February 15 of
each year, an annual report in unclassified and, if necessary,
classified form, on actions taken by the Department of Defense
and the Department of State during the previous fiscal year to
encourage host countries to assume a greater share of the
common defense burden of such countries and the United States.
(b) The report under subsection (a) shall include a
description of--
(1) attempts to secure cash and in-kind contributions
from host countries for military construction projects;
(2) attempts to achieve economic incentives offered
by host countries to encourage private investment for
the benefit of the United States Armed Forces;
(3) attempts to recover funds due to be paid to the
United States by host countries for assets deeded or
otherwise imparted to host countries upon the cessation
of United States operations at military installations;
(4) the amount spent by host countries on defense, in
dollars and in terms of the percent of gross domestic
product (GDP) of the host country; and
(5) for host countries that are members of the North
Atlantic Treaty Organization (NATO), the amount
contributed to NATO by host countries, in dollars and
in terms of the percent of the total NATO budget.
(c) In this section, the term ``host country'' means other
member countries of NATO, Japan, South Korea, and United States
allies bordering the Arabian Sea.
(INCLUDING TRANSFER OF FUNDS)
Sec. 119. In addition to any other transfer authority
available to the Department of Defense, proceeds deposited to
the Department of Defense Base Closure Account established by
section 207(a)(1) of the Defense Authorization Amendments and
Base Closure and Realignment Act (10 U.S.C. 2687 note) pursuant
to section 207(a)(2)(C) of such Act, may be transferred to the
account established by section 2906(a)(1) of the Defense Base
Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), to
be merged with, and to be available for the same purposes and
the same time period as that account.
(INCLUDING TRANSFER OF FUNDS)
Sec. 120. Subject to 30 days prior notification, or 14 days
for a notification provided in an electronic medium pursuant to
sections 480 and 2883, of title 10, United States Code, to the
Committees on Appropriations of both Houses of Congress, such
additional amounts as may be determined by the Secretary of
Defense may be transferred to: (1) the Department of Defense
Family Housing Improvement Fund from amounts appropriated for
construction in ``Family Housing'' accounts, to be merged with
and to be available for the same purposes and for the same
period of time as amounts appropriated directly to the Fund; or
(2) the Department of Defense Military Unaccompanied Housing
Improvement Fund from amounts appropriated for construction of
military unaccompanied housing in ``Military Construction''
accounts, to be merged with and to be available for the same
purposes and for the same period of time as amounts
appropriated directly to the Fund: Provided, That
appropriations made available to the Funds shall be available
to cover the costs, as defined in section 502(5) of the
Congressional Budget Act of 1974, of direct loans or loan
guarantees issued by the Department of Defense pursuant to the
provisions of subchapter IV of chapter 169 of title 10, United
States Code, pertaining to alternative means of acquiring and
improving military family housing, military unaccompanied
housing, and supporting facilities.
Sec. 121. (a) Not later than 60 days before issuing any
solicitation for a contract with the private sector for
military family housing the Secretary of the military
department concerned shall submit to the Committees on
Appropriations of both Houses of Congress the notice described
in subsection (b).
(b)(1) A notice referred to in subsection (a) is a notice of
any guarantee (including the making of mortgage or rental
payments) proposed to be made by the Secretary to the private
party under the contract involved in the event of--
(A) the closure or realignment of the installation
for which housing is provided under the contract;
(B) a reduction in force of units stationed at such
installation; or
(C) the extended deployment overseas of units
stationed at such installation.
(2) Each notice under this subsection shall specify the
nature of the guarantee involved and assess the extent and
likelihood, if any, of the liability of the Federal Government
with respect to the guarantee.
(INCLUDING TRANSFER OF FUNDS)
Sec. 122. In addition to any other transfer authority
available to the Department of Defense, amounts may be
transferred from the accounts established by sections
2906(a)(1) and 2906A(a)(1) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note), to the fund
established by section 1013(d) of the Demonstration Cities and
Metropolitan Development Act of 1966 (42 U.S.C. 3374) to pay
for expenses associated with the Homeowners Assistance Program.
Any amounts transferred shall be merged with and be available
for the same purposes and for the same time period as the fund
to which transferred.
Sec. 123. Notwithstanding any other provision of law, funds
made available in this title for operation and maintenance of
family housing shall be the exclusive source of funds for
repair and maintenance of all family housing units, including
general or flag officer quarters: Provided, That not more than
$35,000 per unit may be spent annually for the maintenance and
repair of any general or flag officer quarters without 30 days
prior notification to the Committees on Appropriations of both
Houses of Congress, except that an after-the-fact notification
shall be submitted if the limitation is exceeded solely due to
costs associated with environmental remediation that could not
be reasonably anticipated at the time of the budget submission:
Provided further, That the Under Secretary of Defense
(Comptroller) is to report annually to the Committees on
Appropriations of both Houses of Congress all operation and
maintenance expenditures for each individual general or flag
officer quarters for the prior fiscal year.
Sec. 124. Amounts contained in the Ford Island Improvement
Account established by subsection (h) of section 2814 of title
10, United States Code, are appropriated and shall be available
until expended for the purposes specified in subsection (i)(1)
of such section or until transferred pursuant to subsection
(i)(3) of such section.
(INCLUDING TRANSFER OF FUNDS)
Sec. 125. None of the funds made available in this title, or
in any Act making appropriations for military construction
which remain available for obligation, may be obligated or
expended to carry out a military construction, land
acquisition, or family housing project at or for a military
installation approved for closure, or at a military
installation for the purposes of supporting a function that has
been approved for realignment to another installation, in 2005
under the Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note), unless such a project at a military installation
approved for realignment will support a continuing mission or
function at that installation or a new mission or function that
is planned for that installation, or unless the Secretary of
Defense certifies that the cost to the United States of
carrying out such project would be less than the cost to the
United States of cancelling such project, or if the project is
at an active component base that shall be established as an
enclave or in the case of projects having multi-agency use,
that another Government agency has indicated it will assume
ownership of the completed project. The Secretary of Defense
may not transfer funds made available as a result of this
limitation from any military construction project, land
acquisition, or family housing project to another account or
use such funds for another purpose or project without the prior
approval of the Committees on Appropriations of both Houses of
Congress. This section shall not apply to military construction
projects, land acquisition, or family housing projects for
which the project is vital to the national security or the
protection of health, safety, or environmental quality:
Provided, That the Secretary of Defense shall notify the
congressional defense committees within seven days of a
decision to carry out such a military construction project.
(INCLUDING TRANSFER OF FUNDS)
Sec. 126. During the 5-year period after appropriations
available in this Act to the Department of Defense for military
construction and family housing operation and maintenance and
construction have expired for obligation, upon a determination
that such appropriations will not be necessary for the
liquidation of obligations or for making authorized adjustments
to such appropriations for obligations incurred during the
period of availability of such appropriations, unobligated
balances of such appropriations may be transferred into the
appropriation ``Foreign Currency Fluctuations, Construction,
Defense'', to be merged with and to be available for the same
time period and for the same purposes as the appropriation to
which transferred.
Sec. 127. None of the funds appropriated or otherwise made
available in this title may be used for any action that is
related to or promotes the expansion of the boundaries or size
of the Pinon Canyon Maneuver Site, Colorado.
Sec. 128. Amounts appropriated or otherwise made available in
an account funded under the headings in this title may be
transferred among projects and activities within that account
in accordance with the reprogramming guidelines for military
construction and family housing construction contained in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), and in the
guidance for military construction reprogrammings and
notifications contained in Department of Defense Financial
Management Regulation 7000.14-R, Volume 3, Chapter 7, of
December 1996, as in effect on the date of enactment of this
Act.
(INCLUDING TRANSFER OF FUNDS)
Sec. 129. (a) Of the amount appropriated or otherwise made
available by this Act for the Department of Defense under the
heading ``Military Construction, Air Force'' and available for
planning and design, the Secretary of the Air Force shall, in
accordance with section 1535 of title 31, United States Code,
transfer $500,000 to the American Battle Monuments Commission
to conduct an engineering study on the restoration of the
Lafayette Escadrille Memorial in Marnes-La-Coquette, France.
(b) The study conducted pursuant to subsection (a) shall
include:
(1) an estimate of costs to be incurred to restore
the structure, features, landscaped grounds and
caretaker's quarters of the Lafayette Escadrille
Memorial to standards similar to memorials and burial
grounds administered by the American Battle Monuments
Commission; and
(2) an estimate of annual costs for the long-term
preservation, maintenance, and operation of the
memorial under those standards.
(c) The amount transferred under subsection (a) shall remain
available until expended.
Sec. 130. Of the funds provided for ``Family Housing
Construction, Defense-Wide'' under Public Law 110-5, $6,040,000
are hereby rescinded.
Sec. 131. In addition to amounts otherwise appropriated or
made available under the heading ``Military Construction, Air
National Guard'', there is hereby appropriated an additional
$28,000,000, to remain available until September 30, 2013, for
the construction of Air National Guard fire stations: Provided,
That notwithstanding any other provision of law, such funds may
be obligated and expended to carry out planning and design and
construction not otherwise authorized by law: Provided further,
That within 30 days of enactment of this Act, and prior to
obligation of funds, the Air National Guard shall submit to the
Committees on Appropriations of both Houses of Congress an
expenditure plan for funds provided under this section.
Sec. 132. In addition to amounts otherwise appropriated or
made available under the heading ``Military Construction, Army
National Guard'', there is hereby appropriated an additional
$147,000,000, to remain available until September 30, 2013, for
the construction of facilities consistent with Army National
Guard emerging requirements: Provided, That notwithstanding any
other provision of law, such funds may be obligated and
expended to carry out planning and design and construction not
otherwise authorized by law: Provided further, That within 30
days of enactment of this Act, and prior to obligation of
funds, the Director of the Army National Guard shall submit to
the Committees on Appropriations of both Houses of Congress an
expenditure plan for funds provided under this section.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
COMPENSATION AND PENSIONS
(INCLUDING TRANSFER OF FUNDS)
For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as
authorized by section 107 and chapters 11, 13, 18, 51, 53, 55,
and 61 of title 38, United States Code; pension benefits to or
on behalf of veterans as authorized by chapters 15, 51, 53, 55,
and 61 of title 38, United States Code; and burial benefits,
the Reinstated Entitlement Program for Survivors, emergency and
other officers' retirement pay, adjusted-service credits and
certificates, payment of premiums due on commercial life
insurance policies guaranteed under the provisions of title IV
of the Servicemembers Civil Relief Act (50 U.S.C. App. 541 et
seq.) and for other benefits as authorized by sections 107,
1312, 1977, and 2106, and chapters 23, 51, 53, 55, and 61 of
title 38, United States Code, $43,111,681,000, to remain
available until expended: Provided, That not to exceed
$26,798,000 of the amount appropriated under this heading shall
be reimbursed to ``General operating expenses'', ``Medical
support and compliance'', and ``Information technology
systems'' for necessary expenses in implementing the provisions
of chapters 51, 53, and 55 of title 38, United States Code, the
funding source for which is specifically provided as the
``Compensation and pensions'' appropriation: Provided further,
That such sums as may be earned on an actual qualifying patient
basis, shall be reimbursed to ``Medical care collections fund''
to augment the funding of individual medical facilities for
nursing home care provided to pensioners as authorized.
READJUSTMENT BENEFITS
For the payment of readjustment and rehabilitation benefits
to or on behalf of veterans as authorized by chapters 21, 30,
31, 33, 34, 35, 36, 39, 51, 53, 55, and 61 of title 38, United
States Code, $3,832,944,000, to remain available until
expended: Provided, That expenses for rehabilitation program
services and assistance which the Secretary is authorized to
provide under subsection (a) of section 3104 of title 38,
United States Code, other than under paragraphs (1), (2), (5),
and (11) of that subsection, shall be charged to this account.
VETERANS INSURANCE AND INDEMNITIES
For military and naval insurance, national service life
insurance, servicemen's indemnities, service-disabled veterans
insurance, and veterans mortgage life insurance as authorized
by title 38, United States Code, chapters 19 and 21,
$42,300,000, to remain available until expended.
VETERANS HOUSING BENEFIT PROGRAM FUND
For the cost of direct and guaranteed loans, such sums as may
be necessary to carry out the program, as authorized by
subchapters I through III of chapter 37 of title 38, United
States Code: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That during
fiscal year 2009, within the resources available, not to exceed
$500,000 in gross obligations for direct loans are authorized
for specially adapted housing loans.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $157,210,000.
VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans, $61,000, as authorized by
chapter 31 of title 38, United States Code: Provided, That such
costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That funds made available under this heading
are available to subsidize gross obligations for the principal
amount of direct loans not to exceed $3,180,000.
In addition, for administrative expenses necessary to carry
out the direct loan program, $320,000, which may be paid to the
appropriation for ``General operating expenses''.
NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT
For administrative expenses to carry out the direct loan
program authorized by subchapter V of chapter 37 of title 38,
United States Code, $646,000.
GUARANTEED TRANSITIONAL HOUSING LOANS FOR HOMELESS VETERANS PROGRAM
ACCOUNT
For the administrative expenses to carry out the guaranteed
transitional housing loan program authorized by subchapter VI
of chapter 20 of title 38, United States Code, not to exceed
$750,000 of the amounts appropriated by this Act for ``General
operating expenses'' and ``Medical support and compliance'' may
be expended.
Veterans Health Administration
MEDICAL SERVICES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for furnishing, as authorized by law,
inpatient and outpatient care and treatment to beneficiaries of
the Department of Veterans Affairs and veterans described in
section 1705(a) of title 38, United States Code, including care
and treatment in facilities not under the jurisdiction of the
Department, and including medical supplies and equipment, food
services, and salaries and expenses of health-care employees
hired under title 38, United States Code, and aid to State
homes as authorized by section 1741 of title 38, United States
Code; $30,969,903,000, plus reimbursements, of which not less
than $3,800,000,000 shall be expended for specialty mental
health care and of which $250,000,000 shall be for
establishment and implementation of a new rural health outreach
and delivery initiative: Provided, That of the funds made
available under this heading, not to exceed $1,600,000,000
shall be available until September 30, 2010: Provided further,
That, notwithstanding any other provision of law, the Secretary
of Veterans Affairs shall establish a priority for the
provision of medical treatment for veterans who have service-
connected disabilities, lower income, or have special needs:
Provided further, That, notwithstanding any other provision of
law, the Secretary of Veterans Affairs shall give priority
funding for the provision of basic medical benefits to veterans
in enrollment priority groups 1 through 6: Provided further,
That, notwithstanding any other provision of law, the Secretary
of Veterans Affairs may authorize the dispensing of
prescription drugs from Veterans Health Administration
facilities to enrolled veterans with privately written
prescriptions based on requirements established by the
Secretary: Provided further, That the implementation of the
program described in the previous proviso shall incur no
additional cost to the Department of Veterans Affairs: Provided
further, That for the Department of Defense/Department of
Veterans Affairs Health Care Sharing Incentive Fund, as
authorized by section 8111(d) of title 38, United States Code,
a minimum of $15,000,000, to remain available until expended,
for any purpose authorized by section 8111 of title 38, United
States Code.
MEDICAL SUPPORT AND COMPLIANCE
For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and
research activities, as authorized by law; administrative
expenses in support of capital policy activities; and
administrative and legal expenses of the Department for
collecting and recovering amounts owed the Department as
authorized under chapter 17 of title 38, United States Code,
and the Federal Medical Care Recovery Act (42 U.S.C. 2651 et
seq.): $4,450,000,000, plus reimbursements, of which
$250,000,000 shall be available until September 30, 2010.
MEDICAL FACILITIES
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, and domiciliary facilities and other
necessary facilities of the Veterans Health Administration; for
administrative expenses in support of planning, design, project
management, real property acquisition and disposition,
construction, and renovation of any facility under the
jurisdiction or for the use of the Department; for oversight,
engineering, and architectural activities not charged to
project costs; for repairing, altering, improving, or providing
facilities in the several hospitals and homes under the
jurisdiction of the Department, not otherwise provided for,
either by contract or by the hire of temporary employees and
purchase of materials; for leases of facilities; and for
laundry services, $5,029,000,000, plus reimbursements, of which
$350,000,000 shall be available until September 30, 2010:
Provided, That $300,000,000 for non-recurring maintenance
provided under this heading shall be allocated in a manner not
subject to the Veterans Equitable Resource Allocation.
MEDICAL AND PROSTHETIC RESEARCH
For necessary expenses in carrying out programs of medical
and prosthetic research and development as authorized by
chapter 73 of title 38, United States Code, $510,000,000, plus
reimbursements, to remain available until September 30, 2010.
National Cemetery Administration
For necessary expenses of the National Cemetery
Administration for operations and maintenance, not otherwise
provided for, including uniforms or allowances therefor;
cemeterial expenses as authorized by law; purchase of one
passenger motor vehicle for use in cemeterial operations; hire
of passenger motor vehicles; and repair, alteration or
improvement of facilities under the jurisdiction of the
National Cemetery Administration, $230,000,000, of which not to
exceed $23,000,000 shall be available until September 30, 2010.
Departmental Administration
GENERAL OPERATING EXPENSES
For necessary operating expenses of the Department of
Veterans Affairs, not otherwise provided for, including
administrative expenses in support of Department-Wide capital
planning, management and policy activities, uniforms, or
allowances therefor; not to exceed $25,000 for official
reception and representation expenses; hire of passenger motor
vehicles; and reimbursement of the General Services
Administration for security guard services, and the Department
of Defense for the cost of overseas employee mail,
$1,801,867,000: Provided, That expenses for services and
assistance authorized under paragraphs (1), (2), (5), and (11)
of section 3104(a) of title 38, United States Code, that the
Secretary of Veterans Affairs determines are necessary to
enable entitled veterans: (1) to the maximum extent feasible,
to become employable and to obtain and maintain suitable
employment; or (2) to achieve maximum independence in daily
living, shall be charged to this account: Provided further,
That the Veterans Benefits Administration shall be funded at
not less than $1,466,095,000: Provided further, That of the
funds made available under this heading, not to exceed
$83,000,000 shall be available for obligation until September
30, 2010: Provided further, That from the funds made available
under this heading, the Veterans Benefits Administration may
purchase (on a one-for-one replacement basis only) up to two
passenger motor vehicles for use in operations of that
Administration in Manila, Philippines.
INFORMATION TECHNOLOGY SYSTEMS
For necessary expenses for information technology systems and
telecommunications support, including developmental information
systems and operational information systems; for pay and
associated costs; and for the capital asset acquisition of
information technology systems, including management and
related contractual costs of said acquisitions, including
contractual costs associated with operations authorized by
section 3109 of title 5, United States Code, $2,489,391,000,
plus reimbursements, to be available until September 30, 2010:
Provided, That of the funds made available under this heading,
not less than $48,000,000 shall be for the Financial and
Logistics Integrated Technology Enterprise program: Provided
further, That none of these funds may be obligated until the
Department of Veterans Affairs submits to the Committees on
Appropriations of both Houses of Congress, and such Committees
approve, a plan for expenditure that: (1) meets the capital
planning and investment control review requirements established
by the Office of Management and Budget; (2) complies with the
Department of Veterans Affairs enterprise architecture; (3)
conforms with an established enterprise life cycle methodology;
and (4) complies with the acquisition rules, requirements,
guidelines, and systems acquisition management practices of the
Federal Government: Provided further, That within 30 days of
enactment of this Act, the Secretary of Veterans Affairs shall
submit to the Committees on Appropriations of both Houses of
Congress a reprogramming base letter which provides, by
project, the costs included in this appropriation.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General, to
include information technology, in carrying out the provisions
of the Inspector General Act of 1978 (5 U.S.C. App.),
$87,818,000, of which $5,000,000 shall be available until
September 30, 2010.
CONSTRUCTION, MAJOR PROJECTS
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans
Affairs, or for any of the purposes set forth in sections 316,
2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122 of
title 38, United States Code, including planning, architectural
and engineering services, construction management services,
maintenance or guarantee period services costs associated with
equipment guarantees provided under the project, services of
claims analysts, offsite utility and storm drainage system
construction costs, and site acquisition, where the estimated
cost of a project is more than the amount set forth in section
8104(a)(3)(A) of title 38, United States Code, or where funds
for a project were made available in a previous major project
appropriation, $923,382,000, to remain available until
expended, of which $10,000,000 shall be to make reimbursements
as provided in section 13 of the Contract Disputes Act of 1978
(41 U.S.C. 612) for claims paid for contract disputes:
Provided, That except for advance planning activities,
including needs assessments which may or may not lead to
capital investments, and other capital asset management related
activities, including portfolio development and management
activities, and investment strategy studies funded through the
advance planning fund and the planning and design activities
funded through the design fund, including needs assessments
which may or may not lead to capital investments, and funds
provided for the purchase of land for the National Cemetery
Administration through the land acquisition line item, none of
the funds appropriated under this heading shall be used for any
project which has not been approved by the Congress in the
budgetary process: Provided further, That funds provided in
this appropriation for fiscal year 2009, for each approved
project shall be obligated: (1) by the awarding of a
construction documents contract by September 30, 2009; and (2)
by the awarding of a construction contract by September 30,
2010: Provided further, That the Secretary of Veterans Affairs
shall promptly submit to the Committees on Appropriations of
both Houses of Congress a written report on any approved major
construction project for which obligations are not incurred
within the time limitations established above: Provided
further, That of the amount appropriated in this paragraph,
$923,382,000 shall be for the projects and activities, and in
the amounts, specified under this heading in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
CONSTRUCTION, MINOR PROJECTS
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans
Affairs, including planning and assessments of needs which may
lead to capital investments, architectural and engineering
services, maintenance or guarantee period services costs
associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and storm
drainage system construction costs, and site acquisition, or
for any of the purposes set forth in sections 316, 2404, 2406,
8102, 8103, 8106, 8108, 8109, 8110, 8122, and 8162 of title 38,
United States Code, where the estimated cost of a project is
equal to or less than the amount set forth in section
8104(a)(3)(A) of title 38, United States Code, $741,534,000, to
remain available until expended, along with unobligated
balances of previous ``Construction, minor projects''
appropriations which are hereby made available for any project
where the estimated cost is equal to or less than the amount
set forth in such section: Provided, That funds in this account
shall be available for: (1) repairs to any of the nonmedical
facilities under the jurisdiction or for the use of the
Department which are necessary because of loss or damage caused
by any natural disaster or catastrophe; and (2) temporary
measures necessary to prevent or to minimize further loss by
such causes: Provided further: That $7,000,000 of the amount
appropriated in this paragraph shall be for the installation of
alternative fueling stations at 35 medical facility campuses.
GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES
For grants to assist States to acquire or construct State
nursing home and domiciliary facilities and to remodel, modify,
or alter existing hospital, nursing home, and domiciliary
facilities in State homes, for furnishing care to veterans as
authorized by sections 8131 through 8137 of title 38, United
States Code, $175,000,000, to remain available until expended.
GRANTS FOR CONSTRUCTION OF STATE VETERANS CEMETERIES
For grants to assist States in establishing, expanding, or
improving State veterans cemeteries as authorized by section
2408 of title 38, United States Code, $42,000,000, to remain
available until expended.
Administrative Provisions
(INCLUDING TRANSFER OF FUNDS)
Sec. 201. Any appropriation for fiscal year 2009 for
``Compensation and pensions'', ``Readjustment benefits'', and
``Veterans insurance and indemnities'' may be transferred as
necessary to any other of the mentioned appropriations:
Provided, That before a transfer may take place, the Secretary
of Veterans Affairs shall request from the Committees on
Appropriations of both Houses of Congress the authority to make
the transfer and such Committees issue an approval, or absent a
response, a period of 30 days has elapsed.
(INCLUDING TRANSFER OF FUNDS)
Sec. 202. Amounts made available for the Department of
Veterans Affairs for fiscal year 2009, in this Act or any other
Act, under the ``Medical services'', ``Medical support and
compliance'', and ``Medical facilities'' accounts may be
transferred among the accounts to the extent necessary to
implement the restructuring of the Veterans Health
Administration accounts: Provided, That any transfers between
the ``Medical services'' and ``Medical support and compliance''
accounts of 1 percent or less of the total amount appropriated
to the account in this or any other Act may take place subject
to notification from the Secretary of Veterans Affairs to the
Committees on Appropriations of both Houses of Congress of the
amount and purpose of the transfer: Provided further, That any
transfers between the ``Medical services'' and ``Medical
support and compliance'' accounts in excess of 1 percent, or
exceeding the cumulative 1 percent for the fiscal year, may
take place only after the Secretary requests from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued:
Provided further, That any transfers to or from the ``Medical
facilities'' account may take place only after the Secretary
requests from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and an approval
is issued.
Sec. 203. Appropriations available in this title for salaries
and expenses shall be available for services authorized by
section 3109 of title 5, United States Code, hire of passenger
motor vehicles; lease of a facility or land or both; and
uniforms or allowances therefore, as authorized by sections
5901 through 5902 of title 5, United States Code.
Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, major projects'', and
``Construction, minor projects'') shall be available for the
purchase of any site for or toward the construction of any new
hospital or home.
Sec. 205. No appropriations in this title shall be available
for hospitalization or examination of any persons (except
beneficiaries entitled to such hospitalization or examination
under the laws providing such benefits to veterans, and persons
receiving such treatment under sections 7901 through 7904 of
title 5, United States Code, or the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)),
unless reimbursement of the cost of such hospitalization or
examination is made to the ``Medical services'' account at such
rates as may be fixed by the Secretary of Veterans Affairs.
Sec. 206. Appropriations available in this title for
``Compensation and pensions'', ``Readjustment benefits'', and
``Veterans insurance and indemnities'' shall be available for
payment of prior year accrued obligations required to be
recorded by law against the corresponding prior year accounts
within the last quarter of fiscal year 2008.
Sec. 207. Appropriations available in this title shall be
available to pay prior year obligations of corresponding prior
year appropriations accounts resulting from sections 3328(a),
3334, and 3712(a) of title 31, United States Code, except that
if such obligations are from trust fund accounts they shall be
payable only from ``Compensation and pensions''.
(INCLUDING TRANSFER OF FUNDS)
Sec. 208. Notwithstanding any other provision of law, during
fiscal year 2009, the Secretary of Veterans Affairs shall, from
the National Service Life Insurance Fund (38 U.S.C. 1920), the
Veterans' Special Life Insurance Fund (38 U.S.C. 1923), and the
United States Government Life Insurance Fund (38 U.S.C. 1955),
reimburse the ``General operating expenses'' and ``Information
technology systems'' accounts for the cost of administration of
the insurance programs financed through those accounts:
Provided, That reimbursement shall be made only from the
surplus earnings accumulated in such an insurance program
during fiscal year 2009 that are available for dividends in
that program after claims have been paid and actuarially
determined reserves have been set aside: Provided further, That
if the cost of administration of such an insurance program
exceeds the amount of surplus earnings accumulated in that
program, reimbursement shall be made only to the extent of such
surplus earnings: Provided further, That the Secretary shall
determine the cost of administration for fiscal year 2009 which
is properly allocable to the provision of each such insurance
program and to the provision of any total disability income
insurance included in that insurance program.
Sec. 209. Amounts deducted from enhanced-use lease proceeds
to reimburse an account for expenses incurred by that account
during a prior fiscal year for providing enhanced-use lease
services, may be obligated during the fiscal year in which the
proceeds are received.
(INCLUDING TRANSFER OF FUNDS)
Sec. 210. Funds available in this title or funds for salaries
and other administrative expenses shall also be available to
reimburse the Office of Resolution Management of the Department
of Veterans Affairs and the Office of Employment Discrimination
Complaint Adjudication under section 319 of title 38, United
States Code, for all services provided at rates which will
recover actual costs but not exceed $34,158,000 for the Office
of Resolution Management and $3,278,000 for the Office of
Employment and Discrimination Complaint Adjudication: Provided,
That payments may be made in advance for services to be
furnished based on estimated costs: Provided further, That
amounts received shall be credited to the ``General operating
expenses'' and ``Information technology systems'' accounts for
use by the office that provided the service.
Sec. 211. No appropriations in this title shall be available
to enter into any new lease of real property if the estimated
annual rental is more than $1,000,000 unless the Secretary
submits a report which the Committees on Appropriations of both
Houses of Congress approve within 30 days following the date on
which the report is received.
Sec. 212. No funds of the Department of Veterans Affairs
shall be available for hospital care, nursing home care, or
medical services provided to any person under chapter 17 of
title 38, United States Code, for a non-service-connected
disability described in section 1729(a)(2) of such title,
unless that person has disclosed to the Secretary of Veterans
Affairs, in such form as the Secretary may require, current,
accurate third-party reimbursement information for purposes of
section 1729 of such title: Provided, That the Secretary may
recover, in the same manner as any other debt due the United
States, the reasonable charges for such care or services from
any person who does not make such disclosure as required:
Provided further, That any amounts so recovered for care or
services provided in a prior fiscal year may be obligated by
the Secretary during the fiscal year in which amounts are
received.
(INCLUDING TRANSFER OF FUNDS)
Sec. 213. Notwithstanding any other provision of law,
proceeds or revenues derived from enhanced-use leasing
activities (including disposal) may be deposited into the
``Construction, major projects'' and ``Construction, minor
projects'' accounts and be used for construction (including
site acquisition and disposition), alterations, and
improvements of any medical facility under the jurisdiction or
for the use of the Department of Veterans Affairs. Such sums as
realized are in addition to the amount provided for in
``Construction, major projects'' and ``Construction, minor
projects''.
Sec. 214. Amounts made available under ``Medical services''
are available--
(1) for furnishing recreational facilities, supplies,
and equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for
beneficiaries receiving care in the Department.
(INCLUDING TRANSFER OF FUNDS)
Sec. 215. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38, United
States Code, may be transferred to ``Medical services'', to
remain available until expended for the purposes of that
account.
Sec. 216. Notwithstanding any other provision of law, the
Secretary of Veterans Affairs shall allow veterans who are
eligible under existing Department of Veterans Affairs medical
care requirements and who reside in Alaska to obtain medical
care services from medical facilities supported by the Indian
Health Service or tribal organizations. The Secretary shall:
(1) limit the application of this provision to rural Alaskan
veterans in areas where an existing Department of Veterans
Affairs facility or Veterans Affairs-contracted service is
unavailable; (2) require participating veterans and facilities
to comply with all appropriate rules and regulations, as
established by the Secretary; (3) require this provision to be
consistent with Capital Asset Realignment for Enhanced Services
activities; and (4) result in no additional cost to the
Department of Veterans Affairs or the Indian Health Service.
(INCLUDING TRANSFER OF FUNDS)
Sec. 217. Such sums as may be deposited to the Department of
Veterans Affairs Capital Asset Fund pursuant to section 8118 of
title 38, United States Code, may be transferred to the
``Construction, major projects'' and ``Construction, minor
projects'' accounts, to remain available until expended for the
purposes of these accounts.
Sec. 218. None of the funds available to the Department of
Veterans Affairs, in this Act, or any other Act, may be used to
replace the current system by which the Veterans Integrated
Services Networks select and contract for diabetes monitoring
supplies and equipment.
Sec. 219. None of the funds made available in this title may
be used to implement any policy prohibiting the Directors of
the Veterans Integrated Services Networks from conducting
outreach or marketing to enroll new veterans within their
respective Networks.
Sec. 220. The Secretary of Veterans Affairs shall submit to
the Committees on Appropriations of both Houses of Congress a
quarterly report on the financial status of the Veterans Health
Administration.
(INCLUDING TRANSFER OF FUNDS)
Sec. 221. Amounts made available under the ``Medical
services'', ``Medical support and compliance'', ``Medical
facilities'', ``General operating expenses'', and ``National
Cemetery Administration'' accounts for fiscal year 2009, may be
transferred to or from the ``Information technology systems''
account: Provided, That before a transfer may take place, the
Secretary of Veterans Affairs shall request from the Committees
on Appropriations of both Houses of Congress the authority to
make the transfer and an approval is issued.
(INCLUDING TRANSFER OF FUNDS)
Sec. 222. Amounts made available for the ``Information
technology systems'' account may be transferred between
projects: Provided, That no project may be increased or
decreased by more than $1,000,000 of cost prior to submitting a
request to the Committees on Appropriations of both Houses of
Congress to make the transfer and an approval is issued, or
absent a response, a period of 30 days has elapsed.
(INCLUDING TRANSFER OF FUNDS)
Sec. 223. Any balances in prior year accounts established for
the payment of benefits under the Reinstated Entitlement
Program for Survivors shall be transferred to and merged with
amounts available under the ``Compensation and pensions''
account, and receipts that would otherwise be credited to the
accounts established for the payment of benefits under the
Reinstated Entitlement Program for Survivors program shall be
credited to amounts available under the ``Compensation and
pensions'' account.
Sec. 224. Section 1710(f)(2)(B) of title 38, United States
Code, is amended by striking ``September 30, 2008,'' and
inserting ``September 30, 2009,''.
Sec. 225. Section 1729(a)(2)(E) of title 38, United States
Code, is amended by striking ``October 1, 2008,'' and inserting
``October 1, 2009,''.
Sec. 226. The Department shall continue research into Gulf
War illness at levels not less than those made available in
fiscal year 2008, within available funds contained in this Act.
Sec. 227. (a) Upon a determination by the Secretary of
Veterans Affairs that such action is in the national interest,
and will have a direct benefit for veterans through increased
access to treatment, the Secretary of Veterans Affairs may
transfer not more than $5,000,000 to the Secretary of Health
and Human Services for the Graduate Psychology Education
Program, which includes treatment of veterans, to support
increased training of psychologists skilled in the treatment of
post-traumatic stress disorder, traumatic brain injury, and
related disorders.
(b) The Secretary of Health and Human Services may only use
funds transferred under this section for the purposes described
in subsection (a).
(c) The Secretary of Veterans Affairs shall notify Congress
of any such transfer of funds under this section.
Sec. 228. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of
Veterans Affairs may be used in a manner that is inconsistent
with--
(1) section 842 of the Transportation, Treasury,
Housing and Urban Development, the Judiciary, and
Independent Agencies Appropriations Act, 2006 (Public
Law 109-115; 119 Stat. 2506); or
(2) section 8110(a)(5) of title 38, United States
Code.
Sec. 229. The Secretary of Veterans Affairs may carry out a
major medical facility lease in fiscal year 2009 in an amount
not to exceed $12,000,000 to implement the recommendations
outlined in the August 2007 Study of South Texas Veterans'
Inpatient and Specialty Outpatient Health Care Needs.
Sec. 230. Of the amounts made available to the Department of
Veterans Affairs for fiscal year 2009, in this Act or any other
Act, under the ``Medical Facilities'' account for non-recurring
maintenance, not more than 20 percent of the funds made
available shall be obligated during the last 2 months of the
fiscal year: Provided, That the Secretary may waive this
requirement after providing written notice to the Committees on
Appropriations of both Houses of Congress.
Sec. 231. Section 2703 of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and
Hurricane Recovery, 2006 (120 Stat. 469) is amended--
(1) by inserting ``(a)'' before ``Notwithstanding'';
and
(2) by adding at the end the following:
``(b) This land shall be owned by the City of Gulfport for no
less than 50 years from the date of enactment of this Act.''.
Sec. 232. None of the funds made available in this Act may be
used to carry out section 111(c)(5) of title 38, United States
Code, during fiscal year 2009.
Sec. 233. Notwithstanding any other provision of law,
authority to carry out activities provided for under section
1703(d)(4) of title 38, United States Code, shall continue in
effect until January 31, 2009, unless prior to that date,
authorization is enacted into law otherwise extending this
authority.
Sec. 234. Notwithstanding any other provision of law,
authority to carry out activities provided for under section
5317(g) of title 38, United States Code, shall continue in
effect until January 31, 2009, unless prior to that date,
authorization is enacted into law otherwise extending this
authority.
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
SALARIES AND EXPENSES
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, including the acquisition
of land or interest in land in foreign countries; purchases and
repair of uniforms for caretakers of national cemeteries and
monuments outside of the United States and its territories and
possessions; rent of office and garage space in foreign
countries; purchase (one-for-one replacement basis only) and
hire of passenger motor vehicles; not to exceed $7,500 for
official reception and representation expenses; and insurance
of official motor vehicles in foreign countries, when required
by law of such countries, $59,470,000, to remain available
until expended.
foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, such sums as may be
necessary, to remain available until expended, for purposes
authorized by section 2109 of title 36, United States Code.
United States Court of Appeals for Veterans Claims
SALARIES AND EXPENSES
For necessary expenses for the operation of the United States
Court of Appeals for Veterans Claims as authorized by sections
7251 through 7298 of title 38, United States Code, $30,975,000,
of which $1,700,000 shall be available for the purpose of
providing financial assistance as described, and in accordance
with the process and reporting procedures set forth, under this
heading in Public Law 102-229.
Department of Defense--Civil
Cemeterial Expenses, Army
SALARIES AND EXPENSES
For necessary expenses, as authorized by law, for
maintenance, operation, and improvement of Arlington National
Cemetery and Soldiers' and Airmen's Home National Cemetery,
including the purchase of two passenger motor vehicles for
replacement only, and not to exceed $1,000 for official
reception and representation expenses, $36,730,000, to remain
available until expended. In addition, such sums as may be
necessary for parking maintenance, repairs and replacement, to
be derived from the Lease of Department of Defense Real
Property for Defense Agencies account.
Funds appropriated under this Act may be provided to
Arlington County, Virginia, for the relocation of the federally
owned water main at Arlington National Cemetery making
additional land available for ground burials.
Armed Forces Retirement Home
TRUST FUND
For expenses necessary for the Armed Forces Retirement Home
to operate and maintain the Armed Forces Retirement Home--
Washington, District of Columbia, and the Armed Forces
Retirement Home--Gulfport, Mississippi, to be paid from funds
available in the Armed Forces Retirement Home Trust Fund,
$63,010,000, of which $8,025,000 shall remain available until
expended for construction and renovation of the physical plants
at the Armed Forces Retirement Home--Washington, District of
Columbia and the Armed Forces Retirement Home--Gulfport,
Mississippi.
TITLE IV
GENERAL PROVISIONS
Sec. 401. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal
year unless expressly so provided herein.
Sec. 402. Such sums as may be necessary for fiscal year 2009
for pay raises for programs funded by this Act shall be
absorbed within the levels appropriated in this Act.
Sec. 403. None of the funds made available in this Act may
be used for any program, project, or activity, when it is made
known to the Federal entity or official to which the funds are
made available that the program, project, or activity is not in
compliance with any Federal law relating to risk assessment,
the protection of private property rights, or unfunded
mandates.
Sec. 404. No part of any funds appropriated in this Act
shall be used by an agency of the executive branch, other than
for normal and recognized executive-legislative relationships,
for publicity or propaganda purposes, and for the preparation,
distribution, or use of any kit, pamphlet, booklet,
publication, radio, television, or film presentation designed
to support or defeat legislation pending before Congress,
except in presentation to Congress itself.
Sec. 405. All departments and agencies funded under this Act
are encouraged, within the limits of the existing statutory
authorities and funding, to expand their use of ``E-Commerce''
technologies and procedures in the conduct of their business
practices and public service activities.
Sec. 406. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government except pursuant to a transfer made
by, or transfer authority provided in, this or any other
appropriations Act.
Sec. 407. Unless stated otherwise, all reports and
notifications required by this Act shall be submitted to the
Subcommittee on Military Construction, Veterans Affairs, and
Related Agencies of the Committee on Appropriations of the
House of Representatives and the Subcommittee on Military
Construction, Veterans Affairs, and Related Agencies of the
Committee on Appropriations of the Senate.
Sec. 408. None of the funds made available in this Act may be
used to modify the standards applicable to the determination of
the entitlement of veterans to special monthly pensions under
sections 1513(a) and 1521(e) of title 38, United States Code,
as in effect pursuant to the opinion of the United States Court
of Appeals for Veterans Claims in the case of Hartness v.
Nicholson (No. 04-0888, July 21, 2006).
Sec. 409. None of the funds made available in this Act may be
used for a project or program named for an individual then
serving as a Member, Delegate, or Resident Commissioner of the
United States Congress.
This division may be cited as the ``Military Construction and
Veterans Affairs and Related Agencies Appropriations Act,
2009''.
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