1^st^ FY 2009 Continuing Resolution HR 2638 -- P.L. 110-329 Conference
Report...

\[House Appropriations Committee Print\]

Consolidated Security, Disaster Assistance, and Continuing

Appropriations Act, 2009

(H.R. 2638; P.L. 110-329)

DIVISION A\--CONTINUING APPROPRIATIONS RESOLUTION, 2009

=======================================================================

\[Clerk\'s note: Four sections which precede division A in

the Consolidated Security, Disaster Assistance, and Continuing

Appropriations Act apply to all divisions of the Act, including

this one. The text of these sections is as follows:

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.

\[Text omitted for purposes of this note\]

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.

Reproduced below is the text of division A of the

Consolidated Security, Disaster Assistance, and Continuing

Appropriations Act, 2009 (H.R. 2638; P.L. 110-329) as presented

to the President for signature.\]

Legislative Text, Division A

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\'\'.

\[Clerk\'s note: Reproduced below is the material relating to

division A contained in the \`\`Explanatory Statement Submitted

by Mr. Obey, Chairman of the House Committee on Appropriations,

Regarding the Amendment of the House of Representatives to the

Senate Amendment to H.R. 2638\'\'.\\1\\\]

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

\\1\\ This Explanatory Statement was submitted for printing in the

Congressional Record on September 24, 2008, prior to House

consideration of the amendment and as directed by the House of

Representatives in section 3 of H. Res. 1488. The Statement appears in

Book II of the September 24 Congressional Record.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Explanatory Statement, Division A

DIVISION A\--CONTINUING APPROPRIATIONS RESOLUTION, 2009

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.

DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS

Neither the legislative text of division A nor the

accompanying explanatory statement contains any congressional

earmarks, congressionally directed spending items, limited tax

benefits or limited tariff benefits (as defined in clause 9 of

rule XXI of the Rules of the House of Representatives and rule

XLIV of the Standing Rules of the Senate, respectively).