69–008 

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 


yshivers on PROD1PC62 with HEARING
2 

(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. 


yshivers on PROD1PC62 with HEARING
3 

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 apVerDate Aug 31 2005 08:48 Sep 24, 2008 Jkt 066590 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR875.XXX HR875

yshivers on PROD1PC62 with HEARING
4 

propriations 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. 


yshivers on PROD1PC62 with HEARING
5 

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 


yshivers on PROD1PC62 with HEARING
6 

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’’. 


yshivers on PROD1PC62 with HEARING
7 

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 


yshivers on PROD1PC62 with HEARING
8 

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 


yshivers on PROD1PC62 with HEARING
9 

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 


yshivers on PROD1PC62 with HEARING
10 

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, 


yshivers on PROD1PC62 with HEARING
11 

$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 subVerDate Aug 31 2005 08:48 Sep 24, 2008 Jkt 066590 PO 00000 Frm 00011 Fmt 6659 Sfmt 6602 E:\HR\OC\HR875.XXX HR875

yshivers on PROD1PC62 with HEARING
12 

paragraph (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 reso- lution, 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 AcadVerDate Aug 31 2005 08:48 Sep 24, 2008 Jkt 066590 PO 00000 Frm 00012 Fmt 6659 Sfmt 6602 E:\HR\OC\HR875.XXX HR875

yshivers on PROD1PC62 with HEARING
13 

emy, 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: 


yshivers on PROD1PC62 with HEARING
14 

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 Pro- gram’’, $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 EmerVerDate Aug 31 2005 08:48 Sep 24, 2008 Jkt 066590 PO 00000 Frm 00014 Fmt 6659 Sfmt 6602 E:\HR\OC\HR875.XXX HR875

yshivers on PROD1PC62 with HEARING
15 

gency 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 


yshivers on PROD1PC62 with HEARING
16 

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. 


yshivers on PROD1PC62 with HEARING
17 

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 


yshivers on PROD1PC62 with HEARING
18 

‘‘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 


yshivers on PROD1PC62 with HEARING
19 

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. 


yshivers on PROD1PC62 with HEARING
20 

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– 


yshivers on PROD1PC62 with HEARING
21 

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 pro- vided, 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 


yshivers on PROD1PC62 with HEARING
22 

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 


yshivers on PROD1PC62 with HEARING
23 

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, 


yshivers on PROD1PC62 with HEARING
24 

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’’. 


yshivers on PROD1PC62 with HEARING
25 

(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: 


yshivers on PROD1PC62 with HEARING
26 

(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. 


yshivers on PROD1PC62 with HEARING
27 

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, 


yshivers on PROD1PC62 with HEARING
28 

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 conVerDate Aug 31 2005 08:48 Sep 24, 2008 Jkt 066590 PO 00000 Frm 00028 Fmt 6659 Sfmt 6602 E:\HR\OC\HR875.XXX HR875

yshivers on PROD1PC62 with HEARING
29 

nection 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 


yshivers on PROD1PC62 with HEARING
30 

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 


yshivers on PROD1PC62 with HEARING
31 

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 


yshivers on PROD1PC62 with HEARING
32 

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 


yshivers on PROD1PC62 with HEARING
33 

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. 


yshivers on PROD1PC62 with HEARING
34 

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. 


yshivers on PROD1PC62 with HEARING
35 

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; 


yshivers on PROD1PC62 with HEARING
36 

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. 


yshivers on PROD1PC62 with HEARING
37 

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 


yshivers on PROD1PC62 with HEARING
38 

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, 


yshivers on PROD1PC62 with HEARING
39 

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. 


yshivers on PROD1PC62 with HEARING
40 

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 contractorowned 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, 


yshivers on PROD1PC62 with HEARING
41 

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; 


yshivers on PROD1PC62 with HEARING
42 

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. 


yshivers on PROD1PC62 with HEARING
43 

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 


yshivers on PROD1PC62 with HEARING
44 

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. 


yshivers on PROD1PC62 with HEARING
45 

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 


yshivers on PROD1PC62 with HEARING
46 

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 


yshivers on PROD1PC62 with HEARING
47 

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. 


yshivers on PROD1PC62 with HEARING
48 

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 


yshivers on PROD1PC62 with HEARING
49 

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; 


yshivers on PROD1PC62 with HEARING
50 

(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 compoVerDate Aug 31 2005 08:48 Sep 24, 2008 Jkt 066590 PO 00000 Frm 00050 Fmt 6659 Sfmt 6602 E:\HR\OC\HR875.XXX HR875

yshivers on PROD1PC62 with HEARING
51 

nent 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 


yshivers on PROD1PC62 with HEARING
52 

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 DeVerDate Aug 31 2005 08:48 Sep 24, 2008 Jkt 066590 PO 00000 Frm 00052 Fmt 6659 Sfmt 6602 E:\HR\OC\HR875.XXX HR875

yshivers on PROD1PC62 with HEARING
53 

fense 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 


yshivers on PROD1PC62 with HEARING
54 

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-bycase 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, 


yshivers on PROD1PC62 with HEARING
55 

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). 


yshivers on PROD1PC62 with HEARING
56 

(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 


yshivers on PROD1PC62 with HEARING
57 

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 


yshivers on PROD1PC62 with HEARING
58 

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, DefenseWide’’, 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. 


yshivers on PROD1PC62 with HEARING
59 

(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, DefenseWide’’ to make grants and supplement other Federal funds in accordance with the guidance provided in the explanatory statement 


yshivers on PROD1PC62 with HEARING
60 

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, DefenseWide’’, 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 


yshivers on PROD1PC62 with HEARING
61 

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— 


yshivers on PROD1PC62 with HEARING
62 

(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 reVerDate Aug 31 2005 08:48 Sep 24, 2008 Jkt 066590 PO 00000 Frm 00062 Fmt 6659 Sfmt 6602 E:\HR\OC\HR875.XXX HR875

yshivers on PROD1PC62 with HEARING
63 

versed 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 costeffective 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 limitaVerDate Aug 31 2005 08:48 Sep 24, 2008 Jkt 066590 PO 00000 Frm 00063 Fmt 6659 Sfmt 6602 E:\HR\OC\HR875.XXX HR875

yshivers on PROD1PC62 with HEARING
64 

tion 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. 


yshivers on PROD1PC62 with HEARING
65 

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 caseby-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 


yshivers on PROD1PC62 with HEARING
66 

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. 


yshivers on PROD1PC62 with HEARING
67 

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, DefenseWide’’, $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’’: 


yshivers on PROD1PC62 with HEARING
68 

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 


yshivers on PROD1PC62 with HEARING
69 

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 OlymVerDate Aug 31 2005 08:48 Sep 24, 2008 Jkt 066590 PO 00000 Frm 00069 Fmt 6659 Sfmt 6602 E:\HR\OC\HR875.XXX HR875

yshivers on PROD1PC62 with HEARING
70 

pics 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 


yshivers on PROD1PC62 with HEARING
71 

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 


yshivers on PROD1PC62 with HEARING
72 

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 


yshivers on PROD1PC62 with HEARING
73 

$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. 


yshivers on PROD1PC62 with HEARING
74 

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 reVerDate Aug 31 2005 08:48 Sep 24, 2008 Jkt 066590 PO 00000 Frm 00074 Fmt 6659 Sfmt 6602 E:\HR\OC\HR875.XXX HR875

yshivers on PROD1PC62 with HEARING
75 

spect 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 acVerDate Aug 31 2005 08:48 Sep 24, 2008 Jkt 066590 PO 00000 Frm 00075 Fmt 6659 Sfmt 6602 E:\HR\OC\HR875.XXX HR875

yshivers on PROD1PC62 with HEARING
76 

tive 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. 


yshivers on PROD1PC62 with HEARING
77 

‘‘(3) HIGHLY ENRICHED URANIUM.—The term ‘highly enriched 

uranium’ has the meaning given that term in section 3102(4). 

‘‘(4) HIGHLY ENRICHED URANIUM OF WEAPONS ORIGIN.—The 

term ‘highly enriched uranium of weapons origin’ means highly 

enriched uranium that— 

‘‘(A) contains 90 percent or more uranium-235; and 

‘‘(B) is verified by the Secretary of Energy to be of weapons origin. 

‘‘(5) LOW-ENRICHED URANIUM.—The term ‘low-enriched uranium’ means a uranium product in any form, including uranium hexafluoride (UF6) and uranium oxide (UO2), in which 

the uranium contains less than 20 percent uranium-235, including natural uranium, without regard to whether the uranium is incorporated into fuel rods or complete fuel assemblies. 

‘‘(6) RUSSIAN HEU AGREEMENT.—The term ‘Russian HEU 

Agreement’ has the meaning given that term in section 

3102(11). 

‘‘(7) URANIUM-235.—The term ‘uranium-235’ means the isotope 235U. 

‘‘(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 EN- RICHED 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 


yshivers on PROD1PC62 with HEARING
78 

‘‘(vii) in calendar year 2020, 514,754 kilograms. 

‘‘(B) ADDITIONAL IMPORTS IN EXCHANGE FOR A COMMIT- MENT 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. 


yshivers on PROD1PC62 with HEARING
79 

‘‘(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. 


yshivers on PROD1PC62 with HEARING
80 

‘‘(7) EQUIVALENT QUANTITIES OF LOW-ENRICHED URANIUM IM- PORTS.— 

‘‘(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 lowenriched 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 URA- NIUM.—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 AgreeVerDate Aug 31 2005 08:48 Sep 24, 2008 Jkt 066590 PO 00000 Frm 00080 Fmt 6659 Sfmt 6602 E:\HR\OC\HR875.XXX HR875

yshivers on PROD1PC62 with HEARING
81 

ment 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 


yshivers on PROD1PC62 with HEARING
82 

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 


yshivers on PROD1PC62 with HEARING
83 

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 


yshivers on PROD1PC62 with HEARING
84 

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, 


yshivers on PROD1PC62 with HEARING
85 

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 exVerDate Aug 31 2005 08:48 Sep 24, 2008 Jkt 066590 PO 00000 Frm 00085 Fmt 6659 Sfmt 6602 E:\HR\OC\HR875.XXX HR875

yshivers on PROD1PC62 with HEARING
86 

ercise 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 RepVerDate Aug 31 2005 08:48 Sep 24, 2008 Jkt 066590 PO 00000 Frm 00086 Fmt 6659 Sfmt 6602 E:\HR\OC\HR875.XXX HR875

yshivers on PROD1PC62 with HEARING
87 

resentatives: 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. 


yshivers on PROD1PC62 with HEARING
88 

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) policetype 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 


yshivers on PROD1PC62 with HEARING
89 

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 


yshivers on PROD1PC62 with HEARING
90 

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 estiVerDate Aug 31 2005 08:48 Sep 24, 2008 Jkt 066590 PO 00000 Frm 00090 Fmt 6659 Sfmt 6602 E:\HR\OC\HR875.XXX HR875

yshivers on PROD1PC62 with HEARING
91 

mated 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. 


yshivers on PROD1PC62 with HEARING
92 

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. 


yshivers on PROD1PC62 with HEARING
93 

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; 


yshivers on PROD1PC62 with HEARING
94 

(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 futureVerDate Aug 31 2005 08:48 Sep 24, 2008 Jkt 066590 PO 00000 Frm 00094 Fmt 6659 Sfmt 6602 E:\HR\OC\HR875.XXX HR875

yshivers on PROD1PC62 with HEARING
95 

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 


yshivers on PROD1PC62 with HEARING
96 

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 


yshivers on PROD1PC62 with HEARING
97 

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 


yshivers on PROD1PC62 with HEARING
98 

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 


yshivers on PROD1PC62 with HEARING
99 

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 highrisk 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. 


yshivers on PROD1PC62 with HEARING
100 

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 PostKatrina 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: 


yshivers on PROD1PC62 with HEARING
101 

(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 pro- vided 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. 


yshivers on PROD1PC62 with HEARING
102 

(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 


yshivers on PROD1PC62 with HEARING
103 

(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 ApVerDate Aug 31 2005 08:48 Sep 24, 2008 Jkt 066590 PO 00000 Frm 00103 Fmt 6659 Sfmt 6602 E:\HR\OC\HR875.XXX HR875

yshivers on PROD1PC62 with HEARING
104 

propriations 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— 


yshivers on PROD1PC62 with HEARING
105 

(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 


yshivers on PROD1PC62 with HEARING
106 

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. 


yshivers on PROD1PC62 with HEARING
107 

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. 


yshivers on PROD1PC62 with HEARING
108 

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. 


yshivers on PROD1PC62 with HEARING
109 

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; 


yshivers on PROD1PC62 with HEARING
110 

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 DepartVerDate Aug 31 2005 08:48 Sep 24, 2008 Jkt 066590 PO 00000 Frm 00110 Fmt 6659 Sfmt 6602 E:\HR\OC\HR875.XXX HR875

yshivers on PROD1PC62 with HEARING
111 

ment 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. 


yshivers on PROD1PC62 with HEARING
112 

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. 


yshivers on PROD1PC62 with HEARING
113 

(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 comVerDate Aug 31 2005 08:48 Sep 24, 2008 Jkt 066590 PO 00000 Frm 00113 Fmt 6659 Sfmt 6602 E:\HR\OC\HR875.XXX HR875

yshivers on PROD1PC62 with HEARING
114 

mence 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). 


yshivers on PROD1PC62 with HEARING
115 

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. 


yshivers on PROD1PC62 with HEARING
116 

(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 


yshivers on PROD1PC62 with HEARING
117 

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.’’. 


yshivers on PROD1PC62 with HEARING
118 

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 


yshivers on PROD1PC62 with HEARING
119 

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 


yshivers on PROD1PC62 with HEARING
120 

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. 


yshivers on PROD1PC62 with HEARING
121 

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 


yshivers on PROD1PC62 with HEARING
122 

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: 


yshivers on PROD1PC62 with HEARING
123 

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 SepVerDate Aug 31 2005 08:48 Sep 24, 2008 Jkt 066590 PO 00000 Frm 00123 Fmt 6659 Sfmt 6602 E:\HR\OC\HR875.XXX HR875

yshivers on PROD1PC62 with HEARING
124 

tember 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 (includVerDate Aug 31 2005 08:48 Sep 24, 2008 Jkt 066590 PO 00000 Frm 00124 Fmt 6659 Sfmt 6602 E:\HR\OC\HR875.XXX HR875

yshivers on PROD1PC62 with HEARING
125 

ing 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 ConstrucVerDate Aug 31 2005 08:48 Sep 24, 2008 Jkt 066590 PO 00000 Frm 00125 Fmt 6659 Sfmt 6602 E:\HR\OC\HR875.XXX HR875

yshivers on PROD1PC62 with HEARING
126 

tion’’, 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. 


yshivers on PROD1PC62 with HEARING
127 

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 acVerDate Aug 31 2005 08:48 Sep 24, 2008 Jkt 066590 PO 00000 Frm 00127 Fmt 6659 Sfmt 6602 E:\HR\OC\HR875.XXX HR875

yshivers on PROD1PC62 with HEARING
128 

tivity 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 


yshivers on PROD1PC62 with HEARING
129 

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 


yshivers on PROD1PC62 with HEARING
130 

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 ComVerDate Aug 31 2005 08:48 Sep 24, 2008 Jkt 066590 PO 00000 Frm 00130 Fmt 6659 Sfmt 6602 E:\HR\OC\HR875.XXX HR875

yshivers on PROD1PC62 with HEARING
131 

mittees 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 obliVerDate Aug 31 2005 08:48 Sep 24, 2008 Jkt 066590 PO 00000 Frm 00131 Fmt 6659 Sfmt 6602 E:\HR\OC\HR875.XXX HR875

yshivers on PROD1PC62 with HEARING
132 

gations 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 


yshivers on PROD1PC62 with HEARING
133 

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 


yshivers on PROD1PC62 with HEARING
134 

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. 


yshivers on PROD1PC62 with HEARING
135 

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 necVerDate Aug 31 2005 08:48 Sep 24, 2008 Jkt 066590 PO 00000 Frm 00135 Fmt 6659 Sfmt 6602 E:\HR\OC\HR875.XXX HR875

yshivers on PROD1PC62 with HEARING
136 

essary 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, 


yshivers on PROD1PC62 with HEARING
137 

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 


yshivers on PROD1PC62 with HEARING
138 

$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. 


yshivers on PROD1PC62 with HEARING
139 

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 


yshivers on PROD1PC62 with HEARING
140 

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. 


yshivers on PROD1PC62 with HEARING
141 

(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. 


yshivers on PROD1PC62 with HEARING
142 

(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. 


yshivers on PROD1PC62 with HEARING
143 

(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. 


yshivers on PROD1PC62 with HEARING
144 

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 (onefor-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. 


yshivers on PROD1PC62 with HEARING
145 

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 availVerDate Aug 31 2005 08:48 Sep 24, 2008 Jkt 066590 PO 00000 Frm 00145 Fmt 6659 Sfmt 6602 E:\HR\OC\HR875.XXX HR875

yshivers on PROD1PC62 with HEARING
146 

able 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’’. 

Æ 


yshivers on PROD1PC62 with HEARING