In the House of Representatives, U. S., 

September 24, 2008. 

Resolved, That the House agree to the amendment of the 

Senate to the bill (H.R. 2638) entitled ‘‘An Act making appropriations for the Department of Homeland Security for 

the fiscal year ending September 30, 2008, and for other purposes.’’, with the following 

HOUSE AMENDMENT TO SENATE AMENDMENT: 

In lieu of the matter proposed to be inserted by the 

Senate amendment, insert the following: 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Consolidated Security, 

3 Disaster Assistance, and Continuing Appropriations Act, 

4 2009’’. 

5 SEC. 2. TABLE OF CONTENTS. 

6 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 

7 SEC. 3. REFERENCES. 

8 Except as expressly provided otherwise, any reference 

9 to ‘‘this Act’’ or ‘‘this joint resolution’’ contained in any 
2 

•HR 2638 EAH 

1 division of this Act shall be treated as referring only to the 

2 provisions of that division. 

3 SEC. 4. EXPLANATORY STATEMENT. 

4 The explanatory statement regarding this legislation, 

5 printed in the House of Representatives section of the Con6 gressional Record on or about September 24, 2008 by the 

7 Chairman of the Committee on Appropriations of the 

8 House, shall have the same effect with respect to the alloca9 tion of funds and implementation of this Act as if it were 

10 a joint explanatory statement of a committee of conference. 

11 DIVISION A—CONTINUING AP12 PROPRIATIONS RESOLUTION, 

13 2009 

14 The following sums are hereby appropriated, out of 

15 any money in the Treasury not otherwise appropriated, 

16 and out of applicable corporate or other revenues, receipts, 

17 and funds, for the several departments, agencies, corpora18 tions, and other organizational units of Government for fis19 cal year 2009, and for other purposes, namely: 

20 SEC. 101. Such amounts as may be necessary, at a 

21 rate for operations as provided in the applicable appropria22 tions Acts for fiscal year 2008 and under the authority and 

23 conditions provided in such Acts, for continuing projects 

24 or activities (including the costs of direct loans and loan 

25 guarantees) that are not otherwise specifically provided for 
3 

•HR 2638 EAH 

1 in this joint resolution, that were conducted in fiscal year 

2 2008, and for which appropriations, funds, or other author3 ity were made available in the following appropriations 

4 Acts: divisions A, B, C, D, F, G, H, J, and K of the Consoli5 dated Appropriations Act, 2008 (Public Law 110–161). 

6 SEC. 102. Rates for operations shall be calculated 

7 under section 101 without regard to any amount designated 

8 in the applicable appropriations Acts for fiscal year 2008 

9 as an emergency requirement or necessary to meet emer10 gency needs pursuant to any concurrent resolution on the 

11 budget, other than the following amounts: 

12 (1) $150,000,000 provided in Public Law 110– 

13 252 for ‘‘Department of Health and Human Serv14 ices—Food and Drug Administration—Salaries and 

15 Expenses’’. 

16 (2) $143,539,000 provided in division B of Pub17 lic Law 110–161 for ‘‘Department of Justice—Fed18 eral Bureau of Investigation—Salaries and Ex19 penses’’. 

20 (3) $110,000,000 provided in Public Law 110– 

21 252 for ‘‘Department of Labor—Employment and 

22 Training Administration—State Unemployment In23 surance and Employment Service Operations’’, with24 out regard to the dates specified under such heading. 
4 

•HR 2638 EAH 

1 (4) $272,000,000 of the $575,000,000 provided in 

2 division J of Public Law 110–161 for ‘‘Department 

3 of State—Administration of Foreign Affairs—Diplo4 matic and Consular Programs’’ in the first para5 graph under such heading, and $206,632,000 pro6 vided in the last paragraph under such heading. 

7 (5) $76,700,000 provided in subchapter A of 

8 chapter 4 of title I of Public Law 110–252 for ‘‘De9 partment of State—Administration of Foreign Af10 fairs—Embassy Security, Construction, and Mainte11 nance’’. 

12 SEC. 103. Appropriations made by section 101 shall 

13 be available to the extent and in the manner that would 

14 be provided by the pertinent appropriations Act. 

15 SEC. 104. No appropriation or funds made available 

16 or authority granted pursuant to section 101 shall be used 

17 to initiate or resume any project or activity for which ap18 propriations, funds, or other authority were not available 

19 during fiscal year 2008. 

20 SEC. 105. Appropriations made and authority granted 

21 pursuant to this joint resolution shall cover all obligations 

22 or expenditures incurred for any project or activity during 

23 the period for which funds or authority for such project or 

24 activity are available under this joint resolution. 
5 

•HR 2638 EAH 

1 SEC. 106. Unless otherwise provided for in this joint 

2 resolution or in the applicable appropriations Act for fiscal 

3 year 2009, appropriations and funds made available and 

4 authority granted pursuant to this joint resolution shall be 

5 available until whichever of the following first occurs: (1) 

6 the enactment into law of an appropriation for any project 

7 or activity provided for in this joint resolution; (2) the en8 actment into law of the applicable appropriations Act for 

9 fiscal year 2009 without any provision for such project or 

10 activity; or (3) March 6, 2009. 

11 SEC. 107. Expenditures made pursuant to this joint 

12 resolution shall be charged to the applicable appropriation, 

13 fund, or authorization whenever a bill in which such appli14 cable appropriation, fund, or authorization is contained is 

15 enacted into law. 

16 SEC. 108. Appropriations made and funds made avail17 able by or authority granted pursuant to this joint resolu18 tion may be used without regard to the time limitations 

19 for submission and approval of apportionments set forth in 

20 section 1513 of title 31, United States Code, but nothing 

21 in this joint resolution may be construed to waive any other 

22 provision of law governing the apportionment of funds. 

23 SEC. 109. Notwithstanding any other provision of this 

24 joint resolution, except section 106, for those programs that 

25 would otherwise have high initial rates of operation or com-
6 

•HR 2638 EAH 

1 plete distribution of appropriations at the beginning of fis2 cal year 2009 because of distributions of funding to States, 

3 foreign countries, grantees, or others, such high initial rates 

4 of operation or complete distribution shall not be made, and 

5 no grants shall be awarded for such programs funded by 

6 this joint resolution that would impinge on final funding 

7 prerogatives. 

8 SEC. 110. This joint resolution shall be implemented 

9 so that only the most limited funding action of that per10 mitted in the joint resolution shall be taken in order to pro11 vide for continuation of projects and activities. 

12 SEC. 111. (a) For entitlements and other mandatory 

13 payments whose budget authority was provided in appro14 priations Acts for fiscal year 2008, and for activities under 

15 the Food and Nutrition Act of 2008, activities shall be con16 tinued at the rate to maintain program levels under current 

17 law, under the authority and conditions provided in the 

18 applicable appropriations Act for fiscal year 2008, to be 

19 continued through the date specified in section 106(3). 

20 (b) Notwithstanding section 106, obligations for man21 datory payments due on or about the first day of any month 

22 that begins after October 2008 but not later than 30 days 

23 after the date specified in section 106(3) may continue to 

24 be made, and funds shall be available for such payments. 
7 

•HR 2638 EAH 

1 SEC. 112. Amounts made available under section 101 

2 for civilian personnel compensation and benefits in each de3 partment and agency may be apportioned up to the rate 

4 for operations necessary to avoid furloughs within such de5 partment or agency, consistent with the applicable appro6 priations Act for fiscal year 2008, except that such author7 ity provided under this section shall not be used until after 

8 the department or agency has taken all necessary actions 

9 to reduce or defer non-personnel-related administrative ex10 penses. 

11 SEC. 113. Funds appropriated by this joint resolution 

12 may be obligated and expended notwithstanding section 10 

13 of Public Law 91–672 (22 U.S.C. 2412), section 15 of the 

14 State Department Basic Authorities Act of 1956 (22 U.S.C. 

15 2680), section 313 of the Foreign Relations Authorization 

16 Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and 

17 section 504(a)(1) of the National Security Act of 1947 (50 

18 U.S.C. 414(a)(1)). 

19 SEC. 114. Notwithstanding section 101, amounts are 

20 provided for ‘‘Department of Agriculture—Food and Nutri21 tion Service—Special Supplemental Nutrition Program for 

22 Women, Infants, and Children (WIC)’’ at a rate for oper23 ations of $6,658,000,000. 

24 SEC. 115. Notwithstanding section 101, amounts are 

25 provided for ‘‘Department of Agriculture—Rural Housing 
8 

•HR 2638 EAH 

1 Service—Rental Assistance Program’’ at a rate for oper2 ations of $997,000,000. 

3 SEC. 116. Section 14222(b)(1) of the Food, Conserva4 tion, and Energy Act of 2008 (Public Law 110–246) shall 

5 not apply through the date specified in section 106(3) of 

6 this joint resolution. 

7 SEC. 117. Notwithstanding section 101, amounts are 

8 provided for ‘‘Department of Agriculture—Rural Housing 

9 Service—Rural Housing Insurance Fund Program Ac10 count’’, for the cost of unsubsidized guaranteed loans for 

11 section 502 borrowers, at the rate necessary to maintain 

12 the same principal amount of loan guarantee commitments 

13 as made in fiscal year 2008. 

14 SEC. 118. With respect to amounts provided by section 

15 101 for the Department of Agriculture, sections 101 and 

16 104 may not be construed to prohibit the use of such 

17 amounts for necessary administrative expenses for pro18 grams for which direct spending authority (as defined in 

19 section 250(c)(8)(A) of the Balanced Budget and Emergency 

20 Deficit Control Act of 1985 (2 U.S.C. 900(c)(8)(A))) is pro21 vided by the Food, Conservation, and Energy Act of 2008 

22 (Public Law 110–246). 

23 SEC. 119. Notwithstanding section 101, amounts are 

24 provided for ‘‘Department of Agriculture–Food and Nutri25 tion Service—Commodity Assistance Program’’ at a rate 
9 

•HR 2638 EAH 

1 for operations of $233,791,000, of which $163,218,000 shall 

2 be for carrying out the Commodity Supplemental Food Pro3 gram. 

4 SEC. 120. Notwithstanding section 101, amounts are 

5 provided for ‘‘Department of Commerce—Bureau of the 

6 Census—Periodic Censuses and Programs’’ at a rate for op7 erations of $2,906,262,000. From such amounts, funds may 

8 be used for additional promotion, outreach, and marketing 

9 activities. 

10 SEC. 121. Notwithstanding the limitations on admin11 istrative expenses in subsections (c)(2) and (c)(3)(A) of sec12 tion 3005 of the Digital Television Transition and Public 

13 Safety Act of 2005 (Public Law 109–171; 120 Stat. 21), 

14 the Assistant Secretary (as such term is defined in section 

15 3001(b) of such Act) may expend funds made available 

16 under sections 3006, 3008, and 3009 of such Act for addi17 tional administrative expenses of the digital-to-analog con18 verter box program established by such section 3005 at a 

19 rate not to exceed $180,000,000 through the date specified 

20 in section 106(3) of this joint resolution. 

21 SEC. 122. Notwithstanding section 101, amounts are 

22 provided for ‘‘Department of Justice—Federal Prison Sys23 tem—Salaries and Expenses’’ at a rate for operations of 

24 $5,396,615,000. 
10 

•HR 2638 EAH 

1 SEC. 123. Notwithstanding section 101, amounts are 

2 provided for ‘‘Department of Justice—General Administra3 tion—Detention Trustee’’ at a rate for operations of 

4 $1,245,920,000. 

5 SEC. 124. Amounts provided by section 101 for the Na6 tional Aeronautics and Space Administration may be obli7 gated in the account and budget structure set forth in S. 

8 3182 (110th Congress), the Commerce, Justice, Science, and 

9 Related Agencies Appropriations Act, 2009, as reported by 

10 the Committee on Appropriations of the Senate. 

11 SEC. 125. Section 7(1)(B) of Public Law 106–178 (50 

12 U.S.C. 1701 note) is amended by striking ‘‘January 1, 

13 2012’’ and inserting ‘‘July 1, 2016’’. 

14 SEC. 126. In addition to amounts otherwise provided 

15 by section 101, an additional amount is provided for ‘‘De16 partment of Justice—Legal Activities—Salaries and Ex17 penses, General Legal Activities’’ to reimburse the Office of 

18 Personnel Management for salaries and expenses associated 

19 with the Federal observer program under section 8 of the 

20 Voting Rights Act of 1965 (42 U.S.C. 1973f), at a rate for 

21 operations of $3,390,000, of which $1,090,000 shall be de22 rived by transfer from amounts provided by section 101 for 

23 ‘‘Office of Personnel Management—Salaries and Ex24 penses’’. 
11 

•HR 2638 EAH 

1 SEC. 127. Section 14704 of title 40, United States 

2 Code, shall be applied by substituting the date specified in 

3 section 106(3) of this joint resolution for ‘‘October 1, 2007’’. 

4 SEC. 128. Amounts provided by section 101 for ‘‘De5 partment of the Army—Corps of Engineers-Civil—Con6 struction’’ for inland waterway major rehabilitation 

7 projects shall not be derived from the Inland Waterways 

8 Trust Fund. 

9 SEC. 129. (a) Notwithstanding any other provision of 

10 this joint resolution, there is appropriated $7,510,000,000 

11 for fiscal year 2009 for ‘‘Department of Energy—Energy 

12 Programs—Advanced Technology Vehicles Manufacturing 

13 Loan Program Account’’ for the cost of direct loans as au14 thorized by section 136(d) of the Energy Independence and 

15 Security Act of 2007 (Public Law 110–140; 42 U.S.C. 

16 17013(d)), to remain available until expended. Of such 

17 amount, $10,000,000 shall be used for administrative ex18 penses in carrying out the direct loan program. Commit19 ments for direct loans using such amount shall not exceed 

20 $25,000,000,000 in total loan principal. The cost of such 

21 direct loans, including the cost of modifying such loans, 

22 shall be as defined in section 502 of the Congressional Budg23 et Act of 1974. 

24 (b) The amount provided by this section is designated 

25 as an emergency requirement and necessary to meet emer-
12 

•HR 2638 EAH 

1 gency needs pursuant to section 204(a) of S. Con. Res. 21 

2 (110th Congress) and section 301(b)(2) of S. Con. Res. 70 

3 (110th Congress), the concurrent resolutions on the budget 

4 for fiscal years 2008 and 2009. 

5 (c) Section 136 of the Energy Independence and Secu6 rity Act of 2007 (Public Law 110–140; 42 U.S.C. 17013) 

7 is amended as follows: 

8 (1) In subsection (d)(1), by adding at the end the 

9 following: ‘‘The loans shall be made through the Fed10 eral Financing Bank, with the full faith and credit 

11 of the United States Government on the principal and 

12 interest. The full credit subsidy shall be paid by the 

13 Secretary using appropriated funds.’’. 

14 (2) In subsection (e), by striking ‘‘The Secretary 

15 shall issue regulations that require that,’’ and insert16 ing the following: ‘‘Not later than 60 days after the 

17 enactment of the Continuing Appropriations Resolu18 tion, 2009, the Secretary shall promulgate an interim 

19 final rule establishing regulations that the Secretary 

20 deems necessary to administer this section and any 

21 loans made by the Secretary pursuant to this section. 

22 Such interim final rule shall require that,’’. 

23 (3) By adding at the end the following new sub24 section: 
13 

•HR 2638 EAH 

1 ‘‘(j) APPOINTMENT AND PAY OF PERSONNEL.—(1) The 

2 Secretary may use direct hiring authority pursuant to sec3 tion 3304(a)(3) of title 5, United States Code, to appoint 

4 such professional and administrative personnel as the Sec5 retary deems necessary to the discharge of the Secretary’s 

6 functions under this section. 

7 ‘‘(2) The rate of pay for a person appointed pursuant 

8 to paragraph (1) shall not exceed the maximum rate pay9 able for GS-15 of the General Schedule under chapter 53 

10 such title 5. 

11 ‘‘(3) The Secretary may retain such consultants as the 

12 Secretary deems necessary to the discharge of the functions 

13 required by this section, pursuant to section 31 of the Office 

14 of Federal Procurement Policy Act (41 U.S.C. 427).’’. 

15 SEC. 130. (a) In addition to the amounts otherwise 

16 provided by section 101 for ‘‘Department of Energy—En17 ergy Programs—Energy Efficiency and Renewable En18 ergy’’ for weatherization assistance under part A of title 

19 IV of the Energy Conservation and Production Act (42 

20 U.S.C. 6861 et seq.), there is appropriated $250,000,000 for 

21 an additional amount for fiscal year 2009, to remain avail22 able until expended. 

23 (b) The amount provided by this section is designated 

24 as an emergency requirement and necessary to meet emer25 gency needs pursuant to section 204(a) of S. Con. Res. 21 
14 

•HR 2638 EAH 

1 (110th Congress) and section 301(b)(2) of S. Con. Res. 70 

2 (110th Congress), the concurrent resolutions on the budget 

3 for fiscal years 2008 and 2009. 

4 SEC. 131. In addition to the amounts otherwise pro5 vided by section 101, an additional amount is provided for 

6 ‘‘Department of the Treasury—Internal Revenue Service— 

7 Taxpayer Services’’ to meet the requirements of the Eco8 nomic Stimulus Act of 2008 (Public Law 110–185), at a 

9 rate for operations of $67,900,000. 

10 SEC. 132. In addition to the amounts otherwise pro11 vided by section 101, an additional amount is provided for 

12 ‘‘Executive Office of the President—Office of Administra13 tion—Salaries and Expenses’’ for e-mail restoration activi14 ties, at a rate for operations of $5,700,000. 

15 SEC. 133. Notwithstanding section 101, amounts are 

16 provided for ‘‘Executive Office of the President—Office of 

17 Administration—Presidential Transition Administrative 

18 Support’’ to carry out the Presidential Transition Act of 

19 1963 (3 U.S.C. 102 note) at a rate for operations of 

20 $8,000,000. Such funds may be transferred to other ac21 counts that provide funding for offices within the Executive 

22 Office of the President and the Office of the Vice President 

23 in this joint resolution or any other Act, to carry out such 

24 purposes. 
15 

•HR 2638 EAH 

1 SEC. 134. Notwithstanding any other provision of this 

2 joint resolution, except section 106, the District of Columbia 

3 may expend local funds for programs and activities under 

4 the heading ‘‘District of Columbia Funds’’ for such pro5 grams and activities under title IV of S. 3260 (110th Con6 gress), as reported by the Committee on Appropriations of 

7 the Senate, at the rate set forth under ‘‘District of Columbia 

8 Funds’’ as included in the Fiscal Year 2009 Proposed Budg9 et and Financial Plan submitted to the Congress by the Dis10 trict of Columbia on June 9, 2008. 

11 SEC. 135. Notwithstanding section 101, amounts are 

12 provided for ‘‘Federal Payment for Emergency Planning 

13 and Security Costs in the District of Columbia’’ for a direct 

14 Federal payment to the District of Columbia, at a rate for 

15 operations of $15,000,000. 

16 SEC. 136. In addition to the amounts otherwise pro17 vided by section 101, an additional amount is provided for 

18 ‘‘Federal Communications Commission—Salaries and Ex19 penses’’ for consumer education associated with the transi20 tion to digital television occurring on February 17, 2009, 

21 at a rate for operations of $20,000,000. 

22 SEC. 137. Notwithstanding section 101, amounts are 

23 provided for ‘‘General Services Administration—Expenses, 

24 Presidential Transition’’ to carry out the Presidential 

25 Transition Act of 1963 (3 U.S.C. 102 note) at a rate for 
16 

•HR 2638 EAH 

1 operations of $8,520,000, of which not to exceed $1,000,000 

2 is for activities authorized by paragraphs (8) and (9) of 

3 section 3(a) of such Act. 

4 SEC. 138. Notwithstanding section 101, amounts are 

5 provided for ‘‘General Services Administration—Allow6 ances and Office Staff for Former Presidents’’ to carry out 

7 the provisions of the Act of August 25, 1958 (3 U.S.C. 102 

8 note) at a rate for operations of $2,682,000. 

9 SEC. 139. Notwithstanding section 101, the limitation 

10 on gross obligations applicable under the heading ‘‘National 

11 Credit Union Administration—Central Liquidity Facility’’ 

12 in division D of Public Law 110–161 shall be the amount 

13 authorized by section 307(a)(4)(A) of the Federal Credit 

14 Union Act (12 U.S.C. 1795f(a)(4)(A)). 

15 SEC. 140. Notwithstanding section 101, amounts are 

16 provided to carry out section 504(d) of title 39, United 

17 States Code, as amended by section 603(a) of the Postal 

18 Accountability and Enhancement Act (Public Law 109– 

19 435), at a rate for operations of $14,043,000, to be derived 

20 by transfer from the Postal Service Fund. 

21 SEC. 141. Notwithstanding section 101, amounts are 

22 provided to carry out section 8G(f)(6) of the Inspector Gen23 eral Act of 1978 (5 U.S.C. App.), as added by section 

24 603(b)(3) of the Postal Accountability and Enhancement 

25 Act (Public Law 109–435), at a rate for operations of 
17 

•HR 2638 EAH 

1 $233,440,000, to be derived by transfer from the Postal 

2 Service Fund. 

3 SEC. 142. (a) The adjustment in rates of basic pay 

4 for employees under the statutory pay systems that takes 

5 effect in fiscal year 2009 under sections 5303 and 5304 of 

6 title 5, United States Code, shall be an increase of 3.9 per7 cent, and this adjustment shall apply to civilian employees 

8 in the Department of Homeland Security. Such adjustment 

9 shall be effective as of the first day of the first applicable 

10 pay period beginning on or after January 1, 2009. 

11 (b) The adjustment in rates of basic pay for the statu12 tory pay systems that take place in fiscal year 2009 under 

13 sections 5344 and 5348 of title 5, United States Code, shall 

14 be no less than the percentage in subsection (a) as employees 

15 in the same location whose rates of basic pay are adjusted 

16 pursuant to the statutory pay systems under section 5303 

17 and 5304 of such title 5. Prevailing rate employees at loca18 tions where there are no employees whose pay is increased 

19 pursuant to sections 5303 and 5304 of such title 5 and pre20 vailing rate employees described in section 5343(a)(5) of 

21 such title 5 shall be considered to be located in the pay local22 ity designated as ‘‘Rest of US’’ pursuant to section 5304 

23 of such title 5 for purposes of this subsection. 

24 (c) Funds used to carry out this section shall be paid 

25 from appropriations which are made to each applicable de-
18 

•HR 2638 EAH 

1 partment or agency for salaries and expenses for fiscal year 

2 2009. 

3 (d) The provisions of this section shall apply notwith4 standing any other provision of this joint resolution. 

5 SEC. 143. Section 401(b) of the Illegal Immigration 

6 Reform and Immigrant Responsibility Act of 1996 (8 

7 U.S.C. 1324a note) shall be applied by substituting the date 

8 specified in section 106(3) of this joint resolution for ‘‘the 

9 11-year period beginning on the first day the pilot program 

10 is in effect’’. 

11 SEC. 144. The requirement set forth in section 610(b) 

12 of the Departments of Commerce, Justice, and State, the 

13 Judiciary, and Related Agencies Appropriations Act, 1993 

14 (8 U.S.C. 1153 note) shall continue through the date speci15 fied in section 106(3) of this joint resolution. 

16 SEC. 145. Sections 1309(a) and 1319 of the National 

17 Flood Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026) 

18 shall each be applied by substituting the date specified in 

19 section 106(3) of this joint resolution for ‘‘September 30, 

20 2008’’. 

21 SEC. 146. Section 717(a) of the Defense Production Act 

22 of 1950 (50 U.S.C. App. 2166(a)) shall be applied by sub23 stituting the date specified in section 106(3) of this joint 

24 resolution for ‘‘September 30, 2008’’. 
19 

•HR 2638 EAH 

1 SEC. 147. The authority provided by section 330 of 

2 Public Law 106–291 (43 U.S.C. 1701 note), as amended 

3 by section 428 of Public Law 109–54, shall continue in ef4 fect through the date specified in section 106(3) of this joint 

5 resolution. 

6 SEC. 148. Section 337(a) of division E of Public Law 

7 108–447, as amended by section 420 of division F of Public 

8 Law 110–161, shall be applied by substituting the date 

9 specified in section 106(3) of this joint resolution for ‘‘Sep10 tember 30, 2008’’. 

11 SEC. 149. Section 503(f) of Public Law 109–54 (16 

12 U.S.C. 580d note) shall be applied by substituting the date 

13 specified in section 106(3) of this joint resolution for ‘‘Sep14 tember 30, 2008’’. 

15 SEC. 150. The authority provided by section 325 of 

16 Public Law 108–108 (117 Stat. 1307) shall continue in ef17 fect through the date specified in section 106(3) of this joint 

18 resolution. 

19 SEC. 151. In addition to the amounts otherwise pro20 vided by section 101, an additional amount is provided for 

21 ‘‘Department of the Interior—National Park Service—Op22 eration of the National Park System’’ for security and vis23 itor safety activities related to the Presidential Inaugural 

24 Ceremonies, at a rate for operations of $2,000,000. 
20 

•HR 2638 EAH 

1 SEC. 152. (a) Sections 104, 105, and 433 of division 

2 F of Public Law 110–161 shall not apply to amounts pro3 vided by this joint resolution. 

4 (b) Nothing in this section amends or shall be con5 strued as amending the Outer Continental Shelf Lands Act 

6 (43 U.S.C. 1331 et seq.), including the public comment peri7 ods mandated by section 18 of that Act (43 U.S.C. 1344), 

8 the National Environmental Policy Act of 1969 (42 U.S.C. 

9 4321 et seq.), or any other law or regulation. 

10 SEC. 153. Amounts provided by section 101 for imple11 mentation of the Modified Water Deliveries to Everglades 

12 National Park shall be made available to the Army Corps 

13 of Engineers, which shall immediately carry out Alternative 

14 3.2.2.a to U.S. Highway 41 (the Tamiami Trail) as sub15 stantially described in the Limited Reevaluation Report 

16 with Integrated Environmental Assessment and addendum, 

17 approved August 2008, which, for purposes of this section, 

18 is determined to meet the requirements of section 404 of 

19 the Federal Water Pollution Control Act (33 U.S.C. 1344), 

20 including subsection (r), in order to achieve the goals set 

21 forth in section 104 of the Everglades National Park Protec22 tion and Expansion Act of 1989 (16 U.S.C. 410r-8). 

23 SEC. 154. Activities authorized by chapters 2, 3, and 

24 5 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et 

25 seq.), including section 246 of such Act, shall continue 
21 

•HR 2638 EAH 

1 through the date specified in section 106(3) of this joint res2 olution. 

3 SEC. 155. (a) In lieu of the amount otherwise provided 

4 by section 101 for ‘‘Department of Health and Human 

5 Services—Administration for Children and Families— 

6 Low-Income Home Energy Assistance’’, there is appro7 priated for such account for making payments under the 

8 Low-Income Home Energy Assistance Act of 1981, 

9 $5,100,000,000, which shall remain available through Sep10 tember 30, 2009. Of such amount, $4,509,672,000 is for 

11 payments under subsections (b) and (d) of section 2602 of 

12 such Act and $590,328,000 is for payments under sub13 section (e) of such section. All but $839,792,000 of the 

14 amount provided by this section for such subsections (b) and 

15 (d) shall be allocated as though the total appropriation for 

16 such payments for fiscal year 2009 was less than 

17 $1,975,000,000. 

18 (b) Notwithstanding section 2605(b)(2)(B)(ii) of such 

19 Act, a State may use any amount of an allotment from 

20 prior appropriations Acts that is available to that State 

21 for providing assistance in fiscal year 2009, and any allot22 ment from funds appropriated in this section or in any 

23 other appropriations Act for fiscal year 2009, to provide 

24 assistance to households whose income does not exceed 75 

25 percent of the State median income. 
22 

•HR 2638 EAH 

1 (c) The amount provided by this section shall be obli2 gated to States within 30 calender days from the date of 

3 enactment of this joint resolution. 

4 (d) Of the amount provided by this section, 

5 $2,779,672,000 is designated as an emergency requirement 

6 and necessary to meet emergency needs pursuant to section 

7 204(a) of S. Con. Res. 21 (110th Congress) and section 

8 301(b)(2) of S. Con. Res. 70 (110th Congress), the concur9 rent resolutions on the budget for fiscal years 2008 and 

10 2009. 

11 (e) The provisions of this section shall apply notwith12 standing any other provision of this joint resolution. 

13 SEC. 156. Notwithstanding section 101, amounts are 

14 provided for ‘‘Corporation for National and Community 

15 Service—Operating Expenses’’ to carry out subtitle E of the 

16 National and Community Service Act of 1990 at a rate for 

17 operations of $23,782,000. 

18 SEC. 157. (a) Amounts provided by section 101 for 

19 ‘‘Department of Health and Human Services—Office of the 

20 Secretary—General Departmental Management’’ are also 

21 available for the purpose of funding the National Commis22 sion on Children and Disasters authorized under title VI 

23 of division G of Public Law 110–161 (the ‘‘title VI Commis24 sion’’). 
23 

•HR 2638 EAH 

1 (b) Effective on and after the date of enactment of this 

2 joint resolution (1) the National Commission on Children 

3 and Disasters established by the Secretary of Health and 

4 Human Services under section 1114 of the Social Security 

5 Act (the ‘‘section 1114 Commission’’), together with its 

6 members, personnel, and other resources and obligations, 

7 shall be considered to be the title VI Commission and shall 

8 no longer be subject to the provisions of such section 1114; 

9 and (2) for purposes of any contract entered into by any 

10 component of the Department of Health and Human Serv11 ices in fiscal year 2008 for support of the section 1114 Com12 mission, any reference to the section 1114 Commission shall 

13 be deemed to refer to the title VI Commission. 

14 SEC. 158. (a) Notwithstanding section 101, amounts 

15 are provided for ‘‘Department of Education–Student Fi16 nancial Assistance’’ at a rate for operations of 

17 $18,627,136,000, of which $16,761,000,000 shall be for car18 rying out subpart 1 of part A of title IV of the Higher Edu19 cation Act of 1965. 

20 (b) Subparagraph (E) of section 401(b)(8) of the High21 er Education Act of 1965 shall not apply to any funds made 

22 available under subparagraph (A) of such section through 

23 the date specified in section 106(3) of this joint resolution. 

24 SEC. 159. Notwithstanding any other provision of this 

25 joint resolution, there is appropriated for payment to the 
24 

•HR 2638 EAH 

1 heirs-at-law of Stephanie Tubbs Jones, late a Representa2 tive from the State of Ohio, $169,300. 

3 SEC. 160. (a) Notwithstanding any other provision of 

4 this joint resolution, there is appropriated for ‘‘Department 

5 of Veterans Affairs—Veterans Benefits Administration— 

6 Filipino Veterans Equity Compensation Fund’’ for pay7 ments to eligible persons who served in the Philippines dur8 ing World War II as authorized, $198,000,000, to remain 

9 available until expended. 

10 (b) The amount provided by this section is designated 

11 as an emergency requirement and necessary to meet emer12 gency needs pursuant to section 204(a) of S. Con. Res. 21 

13 (110th Congress) and section 301(b)(2) of S. Con. Res. 70 

14 (110th Congress), the concurrent resolutions on the budget 

15 for fiscal years 2008 and 2009. 

16 SEC. 161. The authority provided by section 1603(a) 

17 of Public Law 109–234 shall continue in effect through the 

18 date specified in section 106(3) of this joint resolution. 

19 SEC. 162. Notwithstanding section 235(a)(2) of the 

20 Foreign Assistance Act of 1961 (22 U.S.C. 2195(a)(2)), the 

21 authority of subsections (a) through (c) of section 234 of 

22 such Act shall remain in effect through the date specified 

23 in section 106(3) of this joint resolution. 

24 SEC. 163. Notwithstanding any other provision of this 

25 joint resolution, up to $5,000,000 of the amounts appro-
25 

•HR 2638 EAH 

1 priated under the heading ‘‘Other Bilateral Economic As2 sistance—Department of the Treasury—Debt Restruc3 turing’’ in Public Law 109–102, in such Act as made appli4 cable to fiscal year 2007 by the Continuing Appropriations 

5 Resolution, 2007 (as amended by Public Law 110–5), and 

6 in title III of division J of Public Law 110–161, may be 

7 used to assist Liberia in buying back its commercial debt 

8 through the Debt Reduction Facility of the International 

9 Development Association. 

10 SEC. 164. The first proviso under the heading ‘‘Depart11 ment of State—Migration and Refugee Assistance’’ in title 

12 III of division J of Public Law 110–161 shall not apply 

13 to amounts provided by this joint resolution. 

14 SEC. 165. Notwithstanding section 101 of this joint 

15 resolution, the number in the third proviso under the head16 ing ‘‘Military Assistance—Funds Appropriated to the 

17 President—Foreign Military Financing Program’’ in title 

18 IV of division J of Public Law 110–161 shall be deemed 

19 to be $670,650,000 and shall apply to the $2,550,000,000 

20 made available for assistance for Israel in fiscal year 2009 

21 under the heading ‘‘Foreign Military Financing Program’’. 

22 SEC. 166. Notwithstanding section 101, amounts are 

23 provided for ‘‘Department of Transportation—Federal 

24 Aviation Administration—Operations’’ at a rate for oper25 ations of $8,756,800,000, of which not less than 
26 

•HR 2638 EAH 

1 $1,099,402,000 shall be available for aviation safety activi2 ties. 

3 SEC. 167. Amounts provided by section 101 for ‘‘De4 partment of Transportation—Maritime Administration— 

5 Operations and Training’’ shall include amounts necessary 

6 to satisfy the salaries and benefits of employees of the 

7 United States Merchant Marine Academy, to be derived 

8 solely from the total amount made available in this joint 

9 resolution for the United States Merchant Marine Academy. 

10 The Secretary of Transportation shall inform the Commit11 tees on Appropriations of the House of Representatives and 

12 the Senate of salaries and expenses funding obligated for 

13 personnel that had heretofore not been compensated from 

14 funds made available under this account. 

15 SEC. 168. Notwithstanding any other provision of this 

16 joint resolution, other than section 106, the Secretary of 

17 Housing and Urban Development shall obligate funds pro18 vided by section 101 at a rate the Secretary determines is 

19 necessary to renew, in a timely manner, all section 8 

20 project-based rental assistance contracts. In renewing such 

21 contracts, the Secretary may provide for payments to be 

22 made beyond the period covered by this joint resolution. 

23 SEC. 169. Section 24(o) of the United States Housing 

24 Act of 1937 (42 U.S.C. 1437v(o)) shall be applied by sub-
27 

•HR 2638 EAH 

1 stituting the date specified in section 106(3) of this joint 

2 resolution for ‘‘September 30, 2008’’. 

3 SEC. 170. Notwithstanding the limitation in the first 

4 sentence of section 255(g) of the National Housing Act (12 

5 U.S.C. 1715z-20(g)), the Secretary of Housing and Urban 

6 Development may, until the date specified in section 106(3) 

7 of this joint resolution, insure and enter into commitments 

8 to insure mortgages under section 255 of such Act. 

9 SEC. 171. During the period covered by this joint reso10 lution, commitments to guarantee loans insured under the 

11 Mutual Mortgage Insurance Fund, as authorized by the Na12 tional Housing Act (12 U.S.C. 1701 et seq.), shall not exceed 

13 a loan principal of $1,154,000,000 multiplied by the num14 ber of days in such period. 

15 SEC. 172. Notwithstanding any other provision of this 

16 joint resolution, from funds made available for personnel 

17 compensation and benefits or salaries and expenses under 

18 any account in title II of division K of Public Law 110– 

19 161 (except for ‘‘Office of Inspector General’’ and ‘‘Office 

20 of Federal Housing Enterprise Oversight—Salaries and 

21 Expenses’’), up to $15,000,000 may be transferred to 

22 ‘‘Working Capital Fund’’ for information technology needs 

23 for the Federal Housing Administration. 

24 SEC. 173. Amounts provided by section 101 for ‘‘Na25 tional Transportation Safety Board—Salaries and Ex-
28 

•HR 2638 EAH 

1 penses’’ shall include amounts necessary to make lease pay2 ments due in fiscal year 2009 only, on an obligation in3 curred in 2001 under a capital lease. 

4 SEC. 174. The provisions of title II of the McKinney5 Vento Homeless Assistance Act (42 U.S.C. 11311 et seq.) 

6 shall continue in effect, notwithstanding section 209 of such 

7 Act, through the earlier of (1) the date specified in section 

8 106(3) of this joint resolution; or (2) the date of enactment 

9 of an authorization Act relating to the McKinney-Vento 

10 Homeless Assistance Act. 

11 This division may be cited as the ‘‘Continuing Appro12 priations Resolution, 2009’’. 

13 DIVISION B—DISASTER RELIEF AND RECOVERY 

14 SUPPLEMENTAL APPROPRIATIONS ACT, 2008 

15 The following sums are appropriated, out of any 

16 money in the Treasury not otherwise appropriated, for the 

17 fiscal year ending September 30, 2008, and for other pur18 poses, namely: 
29 

•HR 2638 EAH 

1 TITLE I—RELIEF AND RECOVERY FROM 

2 NATURAL DISASTERS 

3 CHAPTER 1—AGRICULTURE AND RURAL 

4 DEVELOPMENT 

5 DEPARTMENT OF AGRICULTURE 

6 OFFICE OF INSPECTOR GENERAL

7 For an additional amount for ‘‘Office of Inspector 

8 General’’, $5,000,000, to remain available until expended, 

9 for oversight of disaster- and emergency-related funding 

10 provided by this chapter. 

11 AGRICULTURAL RESEARCH SERVICE

12 BUILDINGS AND FACILITIES

13 For an additional amount for ‘‘Buildings and Facili14 ties’’, $5,000,000, to remain available until expended, for 

15 the repair and reconstruction of buildings damaged by nat16 ural disasters occurring during 2008. 

17 ANIMAL AND PLANT HEALTH INSPECTION SERVICE

18 SALARIES AND EXPENSES

19 For an additional amount for ‘‘Salaries and Ex20 penses’’, $5,000,000, to remain available through September 

21 30, 2010, for pathogen surveillance and eradication to ad22 dress confirmed or suspected outbreaks. 
30 

•HR 2638 EAH 

1 NATURAL RESOURCES CONSERVATION SERVICE

2 EMERGENCY WATERSHED PROTECTION PROGRAM

3 For an additional amount for the ‘‘Emergency Water4 shed Protection Program’’, $100,000,000, to remain avail5 able until expended, for disaster recovery operations. 

6 FARM SERVICE AGENCY

7 EMERGENCY CONSERVATION PROGRAM

8 For an additional amount for ‘‘Emergency Conserva9 tion Program’’, $115,000,000, to remain available until ex10 pended. 

11 RURAL DEVELOPMENT PROGRAMS

12 RURAL DEVELOPMENT DISASTER ASSISTANCE FUND

13 For grants, and for the cost of direct and guaranteed 

14 loans, for authorized activities of agencies of the Rural De15 velopment Mission Area, $150,000,000, to remain available 

16 until expended, which shall be allocated as follows: 

17 $59,000,000 for single and multi-family housing activities; 

18 $40,000,000 for community facilities activities; $26,000,000 

19 for utilities activities; and $25,000,000 for business activi20 ties: Provided, That such funds shall be for areas affected 

21 by hurricanes, floods, and other natural disasters occurring 

22 during 2008 for which the President declared a major dis23 aster under title IV of the Robert T. Stafford Disaster Relief 

24 and Emergency Assistance Act of 1974: Provided further, 

25 That the cost of such direct and guaranteed loans, including 
31 

•HR 2638 EAH 

1 the cost of modifying loans, shall be as defined in section 

2 502 of the Congressional Budget Act of 1974: Provided fur3 ther, That the Secretary of Agriculture may reallocate funds 

4 made available in this paragraph among the 4 specified ac5 tivities, if the Secretary notifies the Committees on Appro6 priations of the House of Representatives and the Senate 

7 not less than 15 days prior to such reallocation. 

8 In addition, for an additional amount for grants, and 

9 for the cost of direct and guaranteed loans, for authorized 

10 activities of the Rural Housing Service, $38,000,000, to re11 main available until expended, for single and multi-family 

12 housing activities: Provided, That such funds shall be for 

13 areas affected by Hurricanes Katrina and Rita: Provided 

14 further, That the cost of such direct and guaranteed loans, 

15 including the cost of modifying loans, shall be as defined 

16 in section 502 of the Congressional Budget Act of 1974. 

17 GENERAL PROVISIONS, THIS CHAPTER 

18 (INCLUDING TRANSFERS OF FUNDS)

19 SEC. 10101. (a) RURAL DEVELOPMENT DISASTER AS20 SISTANCE FUND.—Hereafter, there is established in the 

21 Treasury a fund entitled the ‘‘Rural Development Disaster 

22 Assistance Fund’’. 

23 (b) PURPOSE AND AVAILABILITY OF FUND.—Subject to 

24 subsection (d), amounts in the Rural Development Disaster 

25 Assistance Fund shall be available to the Secretary of Agri-
32 

•HR 2638 EAH 

1 culture, until expended, to provide additional amounts for 

2 authorized activities of agencies of the Rural Development 

3 Mission Area in areas affected by a disaster declared by 

4 the President or the Secretary of Agriculture. Amounts so 

5 provided shall be in addition to any other amounts avail6 able to carry out the activity. 

7 (c) WAIVER OF ACTIVITY OR PROJECT LIMITATIONS.— 

8 The Secretary of Agriculture may waive any limits on pop9 ulation, income, or cost-sharing otherwise applicable to an 

10 activity or project for which amounts in the Rural Develop11 ment Disaster Assistance Fund will be obligated under sub12 section (b), except that, if the amounts proposed to be obli13 gated in connection with the disaster would exceed the 

14 amount specified in subsection (h), the notification required 

15 by that subsection shall include information and justifica16 tion with regard to any waivers to be granted under this 

17 subsection. 

18 (d) TREATMENT OF CERTAIN AMOUNTS IN FUND.— 

19 Amounts appropriated directly to the Rural Development 

20 Disaster Assistance Fund by this Act or any subsequent Act 

21 for a specific purpose shall be available only for that pur22 pose until such time as the transfer authority provided by 

23 subsection (f) takes effect with regard to the amounts. Only 

24 subsection (c), including the notification requirements of 
33 

•HR 2638 EAH 

1 such subsection, and subsections (g) and (i) apply to 

2 amounts described in this subsection. 

3 (e) TRANSFER OF PRIOR APPROPRIATIONS TO

4 FUND.—The Secretary of Agriculture may transfer to the 

5 Rural Development Disaster Assistance Fund, and merge 

6 with other amounts generally appropriated to the Fund, the 

7 available unobligated balance of any amounts that were ap8 propriated before the date of the enactment of this Act for 

9 programs and activities of the Rural Development Mission 

10 Area to respond to a disaster and were designated by the 

11 Congress as an emergency requirement if, in advance of the 

12 transfer, the Secretary determines that the unobligated 

13 amounts are no longer needed to respond to the disaster for 

14 which the amounts were originally appropriated and the 

15 Secretary provides a certification of this determination to 

16 the Committees on Appropriations of the House of Rep17 resentatives and the Senate. 

18 (f) TRANSFER OF OTHER APPROPRIATIONS TO

19 FUND.—Unless otherwise specifically provided in an appro20 priations Act, the Secretary of Agriculture may transfer to 

21 or within the Rural Development Disaster Assistance Fund, 

22 and merge with other amounts generally appropriated to 

23 the Fund, the available unobligated balance of any amounts 

24 that are appropriated for fiscal year 2009 or any subse25 quent fiscal year for programs and activities of the Rural 
34 

•HR 2638 EAH 

1 Development Mission Area to respond to a disaster and are 

2 designated by the Congress as an emergency requirement 

3 if, in advance of the transfer, the Secretary determines that 

4 the unobligated amounts are no longer needed to respond 

5 to the disaster for which the amounts were originally appro6 priated and the Secretary provides a certification of this 

7 determination to the Committees on Appropriations of the 

8 House of Representatives and the Senate. A transfer of un9 obligated amounts with respect to a disaster may not be 

10 made under this subsection until after the end of the two11 year period beginning on the date on which the amounts 

12 were originally appropriated for that disaster. 

13 (g) ADMINISTRATIVE EXPENSES.—In addition to any 

14 other funds available to the Secretary of Agriculture to cover 

15 administrative costs, the Secretary may use up to 3 percent 

16 of the amounts allocated from the Rural Development Dis17 aster Assistance Fund for a specific disaster to cover admin18 istrative costs of Rural Development’s State and local offices 

19 in the areas affected by the disaster to carry out disaster 

20 related activities. 

21 (h) LIMITATION ON PER DISASTER OBLIGATIONS.— 

22 Amounts in the Rural Development Disaster Assistance 

23 Fund, except for amounts described in subsection (d) that 

24 are appropriated to the Fund and obligated in accordance 

25 with that subsection, may not be obligated in excess of 
35 

•HR 2638 EAH 

1 $1,000,000 for a disaster until at least 15 days after the 

2 date on which the Secretary of Agriculture notifies the Com3 mittees on Appropriations of the House of Representatives 

4 and the Senate of the Secretary’s determination to obligate 

5 additional amounts and the reasons for the determination. 

6 The Secretary may not obligate more than 50 percent of 

7 the funds contained in the Rural Development Disaster As8 sistance Fund for any one disaster unless the Secretary de9 clares that there is a specific and extreme need that addi10 tional funds must be provided in response to such disaster 

11 at time of the obligation. 

12 (i) QUARTERLY REPORTS.—The Secretary of Agri13 culture shall submit, on a quarterly basis, to the Committees 

14 on Appropriations of the House of Representatives and the 

15 Senate a report describing the status of the Rural Develop16 ment Disaster Assistance Fund and any transactions that 

17 have affected the Fund since the previous report. 

18 SEC. 10102. Section 1601 (c)(2) of the Food, Conserva19 tion and Energy Act of 2008 (Public Law 110-246) shall 

20 apply in implementing section 12033 of such Act. 
36 

•HR 2638 EAH 

1 CHAPTER 2—COMMERCE AND SCIENCE 

2 DEPARTMENT OF COMMERCE 

3 ECONOMIC DEVELOPMENT ADMINISTRATION

4 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

5 Pursuant to section 703 of the Public Works and Eco6 nomic Development Act (42 U.S.C. 3233), for an additional 

7 amount for ‘‘Economic Development Assistance Programs’’, 

8 for necessary expenses related to disaster relief, long-term 

9 recovery, and restoration of infrastructure related to the 

10 consequences of hurricanes, floods and other natural disas11 ters occuring during 2008 for which the President declared 

12 a major disaster under title IV of the Robert T. Stafford 

13 Disaster Relief and Emergency Assistance Act, 

14 $400,000,000, to remain available until expended. 

15 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

16 OPERATIONS, RESEARCH, AND FACILITIES

17 For an additional amount for ‘‘Operations, Research, 

18 and Facilities’’, to improve hurricane track and intensity 

19 forecasts for the protection of life and property, 

20 $11,000,000, to remain available until September 30, 2009. 

21 In addition, for an additional amount for ‘‘Oper22 ations, Research, and Facilities’’, for fishery disaster assist23 ance, $75,000,000, to remain available until September 30, 

24 2009: Provided, That the National Marine Fisheries Service 

25 shall cause such amounts to be distributed among eligible 
37 

•HR 2638 EAH 

1 recipients of assistance for fishery resource disasters and 

2 commercial fishery failures as declared by the Secretary of 

3 Commerce under sections 308(b) and 308(d) of the 

4 Interjurisdicitional Fisheries Act (16 U.S.C. 4107) and sec5 tions 312(a) and 315 of the Magnuson-Stevens Fishery Con6 servation and Management Act (16 U.S.C. 1861a(a) and 

7 1864). 

8 PROCUREMENT, ACQUISITION, AND CONSTRUCTION

9 For an additional amount for ‘‘Procurement, Acquisi10 tion, and Construction’’, to improve hurricane track and 

11 intensity forecasts for the protection of life and property, 

12 $6,000,000, to remain available until September 30, 2009. 

13 NATIONAL AERONAUTICS AND SPACE 

14 ADMINISTRATION 

15 EXPLORATION CAPABILITIES

16 For an additional amount for ‘‘Exploration Capabili17 ties’’, for necessary expenses for restoration and mitigation 

18 of National Aeronautics and Space Administration owned 

19 infrastructure and facilities related to the consequences of 

20 hurricanes, floods, and other natural disasters occuring 

21 during 2008 for which the President declared a major dis22 aster under title IV of the Robert T. Stafford Disaster Relief 

23 and Emergency Assistance Act of 1974, $30,000,000, to re24 main available until expended with such sums as deter25 mined by the Administrator of the National Aeronautics 
38 

•HR 2638 EAH 

1 and Space Administration as available to reimburse costs 

2 incurred and for transfer to ‘‘Science, Aeronautics and Ex3 ploration’’ in accordance with section 505 of division B of 

4 Public Law 110-161. 

5 CHAPTER 3—ENERGY AND WATER 

6 DEVELOPMENT 

7 DEPARTMENT OF DEFENSE—CIVIL 

8 DEPARTMENT OF THE ARMY 

9 CORPS OF ENGINEERS—CIVIL

10 CONSTRUCTION

11 For an additional amount for ‘‘Construction’’ for nec12 essary expenses related to the consequences of Hurricane 

13 Katrina and other hurricanes, floods and other natural dis14 asters, $1,538,800,000, to remain available until expended: 

15 Provided, That the Secretary of the Army is directed to use 

16 $38,800,000 of the funds appropriated under this heading 

17 to address emergency situations at Corps of Engineers 

18 projects and rehabilitate and repair damages to Corps 

19 projects caused by recent natural disasters: Provided fur20 ther, That the Secretary is directed to use $1,500,000,000 

21 of the funds appropriated under this heading to fund the 

22 estimated amount of the non-Federal cash contribution for 

23 projects in southeast Louisiana that will be financed in ac24 cordance with the provisions of section 103(k) of Public 

25 Law 99–662 over a period of 30 years from the date of com-
39 

•HR 2638 EAH 

1 pletion of the project or separable element, with 

2 $700,000,000 used for the Lake Pontchartrain and Vicinity 

3 project; $350,000,000 used for the West Bank and Vicinity 

4 project and $450,000,000 used for elements of the Southeast 

5 Louisiana Urban Drainage project that are within the geo6 graphic perimeter of the West Bank and Vicinity and Lake 

7 Pontchartrain and Vicinity projects: Provided further, That 

8 the expenditure of funds as provided above may be made 

9 without regard to individual amounts or purposes and any 

10 reallocation of funds that is necessary to accomplish the es11 tablished goals is authorized subject to the approval of the 

12 Committees on Appropriations of the House of Representa13 tives and the Senate: Provided further, That the Assistant 

14 Secretary of the Army for Civil Works shall provide a 

15 monthly report to the Committees on Appropriations detail16 ing the allocation and obligation of these funds, beginning 

17 not later than 60 days after enactment of this Act. 

18 MISSISSIPPI RIVER AND TRIBUTARIES

19 For an additional amount for ‘‘Mississippi River and 

20 Tributaries’’ for recovery from natural disasters, 

21 $82,400,000, to remain available until expended, to dredge 

22 eligible projects in response to and repair damages to Fed23 eral projects caused by recent natural disasters: Provided, 

24 That $35,000,000 shall be used to reimburse projects where 

25 funding was transferred to the Flood Control and Coastal 
40 

•HR 2638 EAH 

1 Emergencies account under the provisions of section 5 of 

2 the Act of August 18, 1941 (33 U.S.C. 701n): Provided fur3 ther, That the Assistant Secretary of the Army for Civil 

4 Works shall provide a monthly report to the Committees on 

5 Appropriations of the House of Representatives and the 

6 Senate detailing the allocation and obligation of these 

7 funds, beginning not later than 60 days after enactment 

8 of this Act. 

9 OPERATION AND MAINTENANCE

10 For an additional amount for ‘‘Operation and Mainte11 nance’’ to dredge navigation channels and repair other 

12 Corps projects related to natural disasters, $740,000,000, 

13 to remain available until expended: Provided, That the As14 sistant Secretary of the Army for Civil Works shall provide 

15 a monthly report to the Committees on Appropriations of 

16 the House of Representatives and the Senate detailing the 

17 allocation and obligation of these funds, beginning not later 

18 than 60 days after enactment of this Act. 

19 FLOOD CONTROL AND COASTAL EMERGENCIES

20 For an additional amount for ‘‘Flood Control and 

21 Coastal Emergencies’’, as authorized by section 5 of the Act 

22 of August 18, 1941 (33 U.S.C. 701n), for necessary expenses 

23 relating to the consequences of recent hurricanes and other 

24 natural disasters as authorized by law, $415,600,000, to re25 main available until expended to support emergency oper-
41 

•HR 2638 EAH 

1 ations, repair eligible projects nationwide, and for other ac2 tivities in response to natural disasters: Provided, That the 

3 Assistant Secretary of the Army for Civil Works shall pro4 vide a monthly report to the Committees on Appropriations 

5 of the House of Representatives and the Senate detailing 

6 the allocation and obligation of these funds, beginning not 

7 later than 60 days after enactment of this Act. 

8 CHAPTER 4—FINANCIAL SERVICES AND 

9 GENERAL GOVERNMENT 

10 INDEPENDENT AGENCIES 

11 GENERAL SERVICES ADMINISTRATION

12 REAL PROPERTY ACTIVITIES

13 FEDERAL BUILDINGS FUND

14 CONSTRUCTION AND ACQUISITION

15 For an additional amount to be deposited in the Fed16 eral Buildings Fund, $182,000,000, exclusive of permitted 

17 escalation, is authorized and available for the Adminis18 trator to proceed with necessary site acquisition, design, 

19 and construction for the new courthouse project in Cedar 

20 Rapids, Iowa: Provided, That the foregoing limits of costs 

21 on new construction projects may be exceeded to the extent 

22 that savings are effected in other such projects, but not to 

23 exceed 10 percent of the amounts provided unless advance 

24 approval is obtained from the Committees on Appropria25 tions of a greater amount: Provided further, That all funds 
42 

•HR 2638 EAH 

1 for direct construction projects shall expire on September 

2 30, 2009 and remain in the Federal Buildings Fund except 

3 for funds for projects to which funds for design or other 

4 funds have been obligated in whole or in part prior to such 

5 date. 

6 SMALL BUSINESS ADMINISTRATION

7 SALARIES AND EXPENSES

8 For an additional amount for ‘‘Salaries and Ex9 penses’’, $10,000,000, to remain available until September 

10 30, 2009, for grants under section 21 of the Small Business 

11 Act (15 U.S.C. 648) to small business development centers 

12 to provide technical assistance to small business concerns 

13 affected by recent hurricanes, flooding, and other natural 

14 disasters in calendar year 2008: Provided, That the Admin15 istrator of the Small Business Administration shall waive 

16 the matching requirement under section 21(a)(4)(A) of such 

17 Act for any grant made using funds made available under 

18 this heading. 

19 OFFICE OF INSPECTOR GENERAL

20 For an additional amount for ‘‘Office of Inspector 

21 General’’ for necessary expenses related to the consequences 

22 of recent hurricanes and other natural disasters in calendar 

23 year 2008, $3,000,000, to remain available until expended. 
43 

•HR 2638 EAH 

1 DISASTER LOANS PROGRAM ACCOUNT

2 For an additional amount for the ‘‘Disaster Loans 

3 Program Account’’ for the cost of direct loans authorized 

4 by section 7(b) of the Small Business Act, for necessary ex5 penses related to recent hurricanes and other natural disas6 ters, $498,000,000, to remain available until expended: Pro7 vided, That such costs, including the cost of modifying such 

8 loans, shall be as defined in section 502 of the Congressional 

9 Budget Act of 1974. 

10 In addition, for administrative expenses to carry out 

11 the direct loan program authorized by section 7(b) in re12 sponse to recent hurricanes and other natural disasters, in13 cluding onsite assistance to disaster victims, increased staff 

14 at call centers, processing centers, and field inspections 

15 teams, and attorneys to assist in loan closings, 

16 $288,000,000 to remain available until expended; of which 

17 $279,000,000 is for direct administrative expenses of loan 

18 making and servicing to carry out the direct loan program, 

19 which may be paid to appropriations for Salaries and Ex20 penses; and of which $9,000,000 is for indirect administra21 tive expenses, which may be paid to appropriations for Sal22 aries and Expenses. 
44 

•HR 2638 EAH 

1 CHAPTER 5—HOMELAND SECURITY 

2 DEPARTMENT OF HOMELAND SECURITY 

3 COAST GUARD

4 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

5 (INCLUDING TRANSFER OF FUNDS)

6 For an additional amount for ‘‘Acquisition, Construc7 tion, and Improvements’’ for necessary expenses related to 

8 the consequences of 2008 natural disasters and flooding, 

9 $300,000,000, to remain available until expended: Pro10 vided, That notwithstanding the transfer limitation con11 tained in section 503 of division E of Public Law 110– 

12 161, such funding may be transferred to other Coast Guard 

13 appropriations after notification as required in accordance 

14 with such section: Provided further, That a plan listing all 

15 facilities to be reconstructed and restored, with associated 

16 costs, shall be submitted to the Committees on Appropria17 tions of the Senate and the House of Representatives. 

18 FEDERAL EMERGENCY MANAGEMENT AGENCY

19 DISASTER RELIEF

20 (INCLUDING TRANSFERS OF FUNDS)

21 For an additional amount for ‘‘Disaster Relief’’, 

22 $7,960,000,000, to remain available until expended: Pro23 vided, That of the amount provided, up to $98,150,000 may 

24 be transferred to the ‘‘Disaster Assistance Direct Loan Pro25 gram Account’’ for the cost of direct loans as authorized 
45 

•HR 2638 EAH 

1 under section 417 of the Robert T. Stafford Disaster Relief 

2 and Emergency Assistance Act (42 U.S.C. 5184), of which 

3 up to $4,200,000 is for administrative expenses to carry 

4 out the direct loan program: Provided further, That such 

5 transfer may be made to subsidize gross obligations for the 

6 principal amount of direct loans not to exceed $100,000,000 

7 under section 417 of such Act: Provided further, That the 

8 cost of modifying such loans shall be as defined in section 

9 502 of the Congressional Budget Act of 1974 (2 U.S.C. 

10 661a): Provided further, That of the amount provided, up 

11 to $8,000,000 shall be transferred to the ‘‘Department of 

12 Homeland Security Office of Inspector General’’ for audits 

13 and investigations related to disasters. 

14 GENERAL PROVISIONS, THIS CHAPTER 

15 (INCLUDING RESCISSION OF FUNDS) 

16 SEC. 10501. (a) RESCISSION.—Of amounts previously 

17 made available from ‘‘Federal Emergency Management 

18 Agency—Disaster Relief’’ to the State of Mississippi pursu19 ant to section 404 of the Robert T. Stafford Disaster Relief 

20 and Emergency Assistance Act of 1974 (42 U.S.C. 5170c) 

21 for Hurricane Katrina, an additional $20,000,000 is re22 scinded. 

23 (b) APPROPRIATION.—For ‘‘Federal Emergency Man24 agement Agency—State and Local Programs’’, there is ap25 propriated an additional $20,000,000, to remain available 
46 

•HR 2638 EAH 

1 until expended, for a grant to the State of Mississippi for 

2 an interoperable communications system required in the 

3 aftermath of Hurricane Katrina. 

4 SEC. 10502. There is hereby appropriated to the Sec5 retary of the Department of Homeland Security not to ex6 ceed $100,000,000, to remain available until September 30, 

7 2009, for payments to the American Red Cross for reim8 bursement of disaster relief and recovery expenditures and 

9 emergency services provided in the United States associated 

10 with hurricanes, floods, and other natural disasters occur11 ring in 2008 for which the President declared a major dis12 aster under title IV of the Robert T. Stafford Disaster Relief 

13 and Emergency Assistance Act of 1974, and only to the ex14 tent funds are not made available for those activities by 

15 other Federal sources: Provided, That these funds may be 

16 administered by any authorized federal government agency 

17 to meet the purposes of this provision and that total admin18 istrative costs shall not exceed 3 percent of the total appro19 priation: Provided further, That the Comptroller General 

20 shall audit the use of these funds by the American Red 

21 Cross. 

22 SEC. 10503. Until such time as preliminary flood in23 surance rate maps initiated prior to October 1, 2008 are 

24 completed and released for public review, preliminary base 

25 flood elevations are published in the Federal Register, and 
47 

•HR 2638 EAH 

1 the second required local newspaper publication of such base 

2 flood elevations is made for the City of St. Louis, St. 

3 Charles and St. Louis counties in Missouri, and Madison, 

4 Monroe, and St. Clair counties in Illinois, the Administra5 tion shall not begin the statutory appeals process in such 

6 areas required under section 1363 of the National Flood In7 surance Act of 1968. 

8 CHAPTER 6—INTERIOR AND ENVIRONMENT 

9 DEPARTMENT OF THE INTERIOR 

10 BUREAU OF LAND MANAGEMENT

11 WILDLAND FIRE MANAGEMENT

12 (INCLUDING TRANSFERS OF FUNDS)

13 For an additional amount for ‘‘Wildland Fire Man14 agement’’, $135,000,000, to remain available until ex15 pended, of which (1) $110,000,000 is for urgent wildland 

16 fire suppression activities, including repayments to other 

17 accounts from which funds were transferred in fiscal year 

18 2008 for wildfire suppression so that all such transfers for 

19 fiscal year 2008 are fully repaid; and (2) $25,000,000 is 

20 for burned area rehabilitation. 

21 UNITED STATES FISH AND WILDLIFE SERVICE

22 CONSTRUCTION

23 For an additional amount for ‘‘Construction’’, 

24 $75,000,000, to remain available until expended, for nec-
48 

•HR 2638 EAH 

1 essary expenses related to the consequences of hurricanes 

2 and natural disasters. 

3 DEPARTMENT OF AGRICULTURE 

4 FOREST SERVICE

5 CAPITAL IMPROVEMENT AND MAINTENANCE

6 (INCLUDING TRANSFERS OF FUNDS)

7 For an additional amount for ‘‘Capital Improvement 

8 and Maintenance’’, $30,000,000, to remain available until 

9 expended, for necessary expenses, including cleanup, related 

10 to the consequences of hurricanes, floods and other natural 

11 disasters. 

12 WILDLAND FIRE MANAGEMENT

13 (INCLUDING TRANSFERS OF FUNDS)

14 For an additional amount for ‘‘Wildland Fire Man15 agement’’, $775,000,000, to remain available until ex16 pended, of which (1) $500,000,000 shall be available for 

17 emergency wildfire suppression and related activities, of 

18 which no less than $300,000,000 shall be transferred to For19 est Service accounts within 15 days of enactment of this 

20 Act so that all such transfers for wildfire suppression in 

21 fiscal year 2008 are fully repaid, including $30,000,000 re22 allocated between programs in the Wildland Fire Manage23 ment Account; and of which $100,000,000 shall be trans24 ferred within 15 days of enactment of this Act to the fund 

25 established by section 3 of Public Law 71–319 (16 U.S.C. 
49 

•HR 2638 EAH 

1 576 et seq.) to repay transfers made for previous emergency 

2 wildfire suppression activities; (2) $175,000,000 shall be 

3 available for hazardous fuels reduction and hazard mitiga4 tion activities in areas at high risk of catastrophic wildfire 

5 due to population density and fuel loads, of which 

6 $125,000,000 is available for work on State and private 

7 lands using all the authorities available to the Forest Serv8 ice; (3) $75,000,000 is for rehabilitation and restoration of 

9 Federal lands and may be transferred to other Forest Serv10 ice accounts as necessary; and (4) $25,000,000 is for pre11 paredness for retention initiatives in areas at high risk of 

12 catastrophic wildfire that face recurrent staffing shortages. 

13 CHAPTER 7—HEALTH AND HUMAN SERVICES 

14 AND EDUCATION 

15 DEPARTMENT OF HEALTH AND HUMAN 

16 SERVICES 

17 ADMINISTRATION FOR CHILDREN AND FAMILIES

18 SOCIAL SERVICES BLOCK GRANT

19 For an additional amount for ‘‘Social Services Block 

20 Grant’’, $600,000,000, which shall remain available 

21 through September 30, 2009, for necessary expenses result22 ing from hurricanes, floods, and other natural disasters oc23 curring during 2008 for which the President declared a 

24 major disaster under title IV of the Robert T. Stafford Dis25 aster Relief and Emergency Assistance Act of 1974, and 
50 

•HR 2638 EAH 

1 from Hurricanes Katrina and Rita, notwithstanding sec2 tion 2003 and paragraphs (1) and (4) of section 2005(a) 

3 of the Social Security Act: Provided, That notwithstanding 

4 section 2002 of the Social Security Act, the distribution of 

5 such amount shall be limited to States directly affected by 

6 these events: Provided further, That the Secretary of Health 

7 and Human Services shall distribute such amount to eligi8 ble States based on demonstrated need in accordance with 

9 objective criteria that are made available to the public: Pro10 vided further, That in addition to other uses permitted by 

11 title XX of the Social Security Act, funds appropriated 

12 under this heading may be used for health services (includ13 ing mental health services), and for repair, renovation, and 

14 construction of health care facilities (including mental 

15 health facilities), child care centers, and other social services 

16 facilities. 

17 DEPARTMENT OF EDUCATION 

18 SCHOOL IMPROVEMENT PROGRAMS

19 For an additional amount for ‘‘School Improvement 

20 Programs’’ for education for homeless children and youths 

21 (as defined in section 725 of the McKinney-Vento Homeless 

22 Assistance Act (42 U.S.C. 11434a)), $15,000,000, to remain 

23 available through September 30, 2009: Provided, That such 

24 funds shall be made available, based on demonstrated need, 

25 only to local educational agencies whose enrollment of 
51 

•HR 2638 EAH 

1 homeless students has increased as a result of hurricanes, 

2 floods, and other natural disasters occurring during 2008 

3 for which the President declared a major disaster under title 

4 IV of the Robert T. Stafford Disaster Relief and Emergency 

5 Assistance Act of 1974: Provided further, That such funds 

6 shall be used for the activities described in section 723(d) 

7 of such Act (42 U.S.C. 11433(d)) and services provided 

8 using such funds shall comply with paragraphs (2) and (3) 

9 of section 723(a) of such Act (42 U.S.C. 11433(a)): Provided 

10 further, That the local educational agency requirements de11 scribed in paragraphs (3) through (7) of section 722(g) of 

12 such Act (42 U.S.C. 11432(g)) shall apply: Provided fur13 ther, That the Secretary of Education shall distribute these 

14 funds to such local educational agencies not later than 120 

15 days after the date of the enactment of this Act. 

16 HIGHER EDUCATION DISASTER RELIEF

17 For an additional amount under part B of title VII 

18 of the Higher Education Act of 1965 (‘‘HEA’’) for institu19 tions of higher education (as defined in section 101 or sec20 tion 102(c) of that Act) that are located in an area affected 

21 by hurricanes, floods, and other natural disasters occurring 

22 during 2008 for which the President declared a major dis23 aster under title IV of the Robert T. Stafford Disaster Relief 

24 and Emergency Assistance Act of 1974, $15,000,000, to re25 main available through September 30, 2009: Provided, That 
52 

•HR 2638 EAH 

1 such funds shall be available to the Secretary of Education 

2 only for payments to help defray the expenses (which may 

3 include lost revenue, reimbursement for expenses already in4 curred, and construction) incurred by such institutions of 

5 higher education that were forced to close, relocate, or whose 

6 operations were impaired as a result of damage directly 

7 caused by such hurricanes, floods, and other natural disas8 ters occurring during 2008, and for payments to enable 

9 such institutions to provide grants to students who attend 

10 such institutions for academic years beginning on or after 

11 July 1, 2008: Provided further, That such payments shall 

12 be made in accordance with criteria established by the Sec13 retary and made publicly available without regard to sec14 tion 437 of the General Education Provisions Act, section 

15 553 of title 5, United States Code, or part B of title VII 

16 of the HEA: Provided further, That the Secretary shall 

17 award funds available under this paragraph not later than 

18 60 days after the date of the enactment of this Act. 

19 GENERAL PROVISIONS, THIS CHAPTER 

20 SEC. 10701. (a) EXTENSION OF WAIVER AUTHOR21 ITY.—Section 105 of subtitle A of title IV of division B of 

22 Public Law 109–148 (119 Stat. 2797) is amended— 

23 (1) in subsection (b)— 
53 

•HR 2638 EAH 

1 (A) in the first sentence, by striking ‘‘for 

2 fiscal year 2007.’’ and inserting ‘‘for any of fis3 cal years 2007 through 2009.’’; and 

4 (B) by striking the second sentence; and 

5 (2) in subsection (c)(2), by striking ‘‘for fiscal 

6 year 2006 or 2007’’ and inserting ‘‘for any fiscal 

7 year’’. 

8 (b) APPLICATION OF WAIVER AUTHORITY TO AREAS

9 AFFECTED IN 2008.—The authority of the Secretary of 

10 Education under section 105 of subtitle A of title IV of divi11 sion B of Public Law 109–148 (119 Stat. 2797), as amend12 ed by subsection (a), may be exercised with respect to an 

13 entity in an area affected by hurricanes, floods, and other 

14 natural disasters occurring during 2008 for which the 

15 President declared a major disaster under title IV of the 

16 Robert T. Stafford Disaster Relief and Emergency Assist17 ance Act of 1974. 

18 SEC. 10702. (a) ALLOCATION AND USE OF CAMPUS19 BASED HIGHER EDUCATION ASSISTANCE.— 

20 (1) WAIVER OF MATCHING REQUIREMENTS.— 

21 Notwithstanding sections 413C(a)(2) and 443(b)(5) of 

22 the Higher Education Act of 1965 (20 U.S.C. 1070b23 2(a)(2); 42 U.S.C. 2753(b)(5)), with respect to funds 

24 made available for academic year 2009-2010 to an 

25 institution of higher education located in an area af-
54 

•HR 2638 EAH 

1 fected by a 2008 natural disaster, the Secretary shall 

2 waive the requirement that a participating institu3 tion of higher education provide a non-Federal share 

4 or a capital contribution, as the case may be, to 

5 match Federal funds provided to the institution for 

6 the programs authorized pursuant to subpart 3 of 

7 part A and part C of title IV of such Act. 

8 (2) WAIVER OF REALLOCATION RULES.— 

9 (A) AUTHORITY TO REALLOCATE.—Notwith10 standing sections 413D(d) and 442(d) of the 

11 Higher Education Act of 1965 (20 U.S.C. 1070b12 3(d); 42 U.S.C. 2752(d)), the Secretary shall— 

13 (i) reallocate any funds returned under 

14 any of those sections that were allocated to 

15 institutions of higher education for award 

16 year 2008–2009 to an institution of higher 

17 education that is eligible under this para18 graph; and 

19 (ii) waive the allocation reduction for 

20 award year 2009-2010 for an institution re21 turning more than 10 percent of its alloca22 tion under any of those sections. 

23 (B) ELIGIBLE INSTITUTIONS FOR RE24 ALLOCATION.—An institution of higher education 
55 

•HR 2638 EAH 

1 may receive a reallocation of excess allocations 

2 under this paragraph if the institution— 

3 (i) participates in the program for 

4 which excess allocations are being reallo5 cated; and 

6 (ii) is located in an area affected by a 

7 2008 natural disaster. 

8 (C) BASIS OF REALLOCATION.—The Sec9 retary shall determine the manner in which ex10 cess allocations shall be reallocated to institu11 tions under subparagraph (A), and shall give ad12 ditional consideration to the needs of institutions 

13 located in an area affected by a 2008 natural 

14 disaster. 

15 (D) ADDITIONAL WAIVER AUTHORITY.—Not16 withstanding any other provision of law, in 

17 order to carry out this paragraph, the Secretary 

18 may waive or modify any statutory or regu19 latory provision relating to the reallocation of 

20 excess allocations under subpart 3 of part A or 

21 part C of title IV of the Higher Education Act 

22 of 1965 in order to ensure that assistance is re23 ceived by institutions described in subsection 

24 (a)(2)(B). 

25 (b) DEFINITIONS.—In this section: 
56 

•HR 2638 EAH 

1 (1) 2008 NATURAL DISASTER.—The term ‘‘2008 

2 natural disaster’’ means a major disaster that the 

3 President declared to exist, in accordance with section 

4 401 of the Robert T. Stafford Disaster Relief and 

5 Emergency Assistance Act (42 U.S.C. 5170) that was 

6 caused by hurricanes, floods, and other natural disas7 ters during calendar year 2008. 

8 (2) AREA AFFECTED BY A 2008 NATURAL DIS9 ASTER.—The term ‘‘area affected by a 2008 natural 

10 disaster’’ means a county or parish that has been des11 ignated by the Federal Emergency Management Agen12 cy for disaster assistance for individuals and house13 holds as a result of a 2008 natural disaster. 

14 (3) INSTITUTION OF HIGHER EDUCATION.—The 

15 term ‘‘institution of higher education’’ has the mean16 ing given that term in section 102 of the Higher Edu17 cation Act of 1965 (20 U.S.C. 1002). 

18 (4) SECRETARY.—The term ‘‘Secretary’’ means 

19 the Secretary of Education. 

20 CHAPTER 8—MILITARY CONSTRUCTION 

21 DEPARTMENT OF DEFENSE 

22 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

23 For an additional amount for ‘‘Military Construction, 

24 Army National Guard’’, $25,000,000, to remain available 

25 until September 30, 2013, for construction due to damages 
57 

•HR 2638 EAH 

1 as a result of natural disasters: Provided, That notwith2 standing any other provision of law, such funds may be 

3 obligated and expended to carry out planning and design 

4 and military contruction projects not otherwise authorized 

5 by law: Provided further, That within 30 days of enactment 

6 of this Act, the Army National Guard shall submit to the 

7 Committees on Appropriations of both Houses of Congress 

8 an expenditure plan for funds provided under this heading. 

9 CHAPTER 9—DEPARTMENT OF STATE AND 

10 FOREIGN OPERATIONS 

11 INTERNATIONAL COMMISSIONS

12 INTERNATIONAL BOUNDARY AND WATER COMMISSION, 

13 UNITED STATES AND MEXICO

14 CONSTRUCTION

15 For an additional amount for ‘‘Construction’’, for the 

16 water quantity program to meet immediate and emergency 

17 repair and rehabilitation requirements, $37,500,000, to re18 main available until expended: Provided, That up to 

19 $3,000,000 may be transferred to, and merged with, funds 

20 available under the heading ‘‘International Boundary and 

21 Water Commission—Salaries and Expenses’’: Provided fur22 ther, That not later than 60 days after enactment of this 

23 Act, the Commission shall submit to the Committees on Ap24 propriations of the House of Representatives and the Senate 
58 

•HR 2638 EAH 

1 a detailed spending plan for funds appropriated under this 

2 heading. 

3 CHAPTER 10—TRANSPORTATION AND HOUSING 

4 AND URBAN DEVELOPMENT 

5 DEPARTMENT OF TRANSPORTATION 

6 FEDERAL HIGHWAY ADMINISTRATION

7 FEDERAL-AID HIGHWAYS

8 EMERGENCY RELIEF PROGRAM

9 For an additional amount for the Emergency Relief 

10 Program as authorized under section 125 of title 23, United 

11 States Code, $850,000,000, to remain available until ex12 pended: Provided, That notwithstanding section 125(d)(1) 

13 of such title, the Secretary of Transportation may obligate 

14 more than $100,000,000 for eligible expenses in a State in 

15 a fiscal year to respond to damage caused by Hurricanes 

16 Gustav and Ike. 

17 FEDERAL RAILROAD ADMINISTRATION

18 RAILROAD REHABILITATION AND REPAIR

19 For necessary expenses for the Secretary of Transpor20 tation to make grants to repair and rehabilitate Class II 

21 and Class III railroad infrastructure damaged by hurri22 canes, floods, and other natural disasters in areas for which 

23 the President declared a major disaster under title IV of 

24 the Robert T. Stafford Disaster Relief and Emergency As25 sistance Act of 1974, $20,000,000, to remain available until 
59 

•HR 2638 EAH 

1 expended, and to be awarded to States on a competitive 

2 case-by-case basis based on need: Provided, That funds 

3 available under this heading shall be available for repair 

4 and rehabilitation of railroad rights-of-way, bridges, sig5 nals, and other infrastructure which is part of the general 

6 railroad system of transportation and primarily used by 

7 railroads to move freight traffic: Provided further, That the 

8 maximum Federal share for carrying out a project under 

9 this heading shall be 80 percent of the project cost with the 

10 non-Federal share provided only in cash, equipment or sup11 plies: Provided further, That the Secretary may retain up 

12 to one-half of 1 percent of the funds under this heading to 

13 fund the oversight by the Administrator of the Federal Rail14 road Administration of the design and implementation of 

15 projects funded by grants made under this heading: Pro16 vided further, That the provisions of section 24312 of title 

17 49, United States Code, shall apply to grantees assisted 

18 under this heading: Provided further, That grantees must 

19 exhaust all other Federal and State resources prior to seek20 ing assistance under this heading. 
60 

•HR 2638 EAH 

1 DEPARTMENT OF HOUSING AND URBAN 

2 DEVELOPMENT 

3 PUBLIC AND INDIAN HOUSING

4 TENANT-BASED RENTAL ASSISTANCE

5 For an additional amount for ‘‘Tenant-Based Rental 

6 Assistance’’, as authorized under the United States Housing 

7 Act of 1937 (42 U.S.C. 1437 et seq.), not otherwise provided 

8 for, $85,000,000, to remain available until expended, for 

9 incremental housing assistance, including related adminis10 trative expenses, for persons assisted under the Disaster 

11 Housing Assistance Program whose assistance would other12 wise end on March 1, 2009. 

13 PROJECT-BASED RENTAL ASSISTANCE

14 For an additional amount to areas impacted by Hur15 ricanes Katrina and Rita for project-based vouchers under 

16 section 8(o)(13) of the United States Housing Act of 1937 

17 (42 U.S.C. 1437f(o)(13)), $50,000,000, to remain available 

18 until expended. 

19 PUBLIC HOUSING CAPITAL FUND

20 For an additional amount to be made available to the 

21 Secretary of Housing and Urban Development, 

22 $15,000,000, notwithstanding any other provision of law, 

23 to be used solely for the redevelopment of public housing 

24 impacted by Hurricanes Katrina and Rita. 
61 

•HR 2638 EAH 

1 COMMUNITY PLANNING AND DEVELOPMENT

2 COMMUNITY DEVELOPMENT FUND

3 For an additional amount for the ‘‘Community Devel4 opment Fund’’, for necessary expenses related to disaster 

5 relief, long-term recovery, and restoration of infrastructure, 

6 housing, and economic revitalization in areas affected by 

7 hurricanes, floods, and other natural disasters occuring 

8 during 2008 for which the President declared a major dis9 aster under title IV of the Robert T. Stafford Disaster Relief 

10 and Emergency Assistance Act of 1974, $6,500,000,000, to 

11 remain available until expended, for activities authorized 

12 under title I of the Housing and Community Development 

13 Act of 1974 (Public Law 93–383): Provided, That funds 

14 provided under this heading shall be administered through 

15 an entity or entities designated by the Governor of each 

16 State: Provided further, That such funds may not be used 

17 for activities reimbursable by, or for which funds are made 

18 available by, the Federal Emergency Management Agency 

19 or the Army Corps of Engineers: Provided further, That 

20 funds allocated under this heading shall not adversely affect 

21 the amount of any formula assistance received by a State 

22 under the Community Development Fund: Provided fur23 ther, That each State may use up to 5 percent of its alloca24 tion for administrative costs: Provided further, That 

25 $6,500,000 shall be available for use by the Assistant Sec-
62 

•HR 2638 EAH 

1 retary of Community Planning and Development for the 

2 administrative costs, including information technology 

3 costs, with respect to amounts made available under this 

4 section and under section 2301(a) of the Housing and Eco5 nomic Recovery Act of 2008. Provided further, That not less 

6 than $650,000,000 from funds made available on a pro-rata 

7 basis according to the allocation made to each State under 

8 this heading shall be used for repair, rehabilitation, and 

9 reconstruction (including demolition, site clearance and re10 mediation) of the affordable rental housing stock (including 

11 public and other HUD-assisted housing) in the impacted 

12 areas where there is a demonstrated need as determined by 

13 the Secretary: Provided further, That in administering the 

14 funds under this heading, the Secretary of Housing and 

15 Urban Development may waive, or specify alternative re16 quirements for, any provision of any statute or regulation 

17 that the Secretary administers in connection with the obli18 gation by the Secretary or the use by the recipient of these 

19 funds or guarantees (except for requirements related to fair 

20 housing, nondiscrimination, labor standards, and the envi21 ronment), upon a request by a State explaining why such 

22 waiver is required to facilitate the use of such funds or 

23 guarantees, if the Secretary finds that such waiver would 

24 not be inconsistent with the overall purpose of title I of the 

25 Housing and Community Development Act of 1974: Pro-
63 

•HR 2638 EAH 

1 vided further, That a waiver granted by the Secretary under 

2 the preceding proviso may not reduce the percentage of 

3 funds which must be used for activities that benefit persons 

4 of low and moderate income to less than 50 percent, unless 

5 the Secretary specifically finds that there is compelling need 

6 to further reduce or eliminate the percentage requirement: 

7 Provided further, That the Secretary shall publish in the 

8 Federal Register any waiver of any statute or regulation 

9 that the Secretary administers pursuant to title I of the 

10 Housing and Community Development Act of 1974 no later 

11 than 5 days before the effective date of such waiver: Pro12 vided further, That every waiver made by the Secretary 

13 must be reconsidered according to the three previous pro14 visos on the 2-year anniversary of the day the Secretary 

15 published the waiver in the Federal Register: Provided fur16 ther, That the Secretary shall allocate to the states not less 

17 than 33 percent of the funding provided under this heading 

18 within 60 days after the enactment of this Act based on 

19 the best estimates available of relative damage and antici20 pated assistance from other Federal sources: Provided fur21 ther, That prior to the obligation of funds each State shall 

22 submit a plan to the Secretary detailing the proposed use 

23 of all funds, including criteria for eligibility and how the 

24 use of these funds will address long-term recovery and res25 toration of infrastructure: Provided further, That each 
64 

•HR 2638 EAH 

1 State will report quarterly to the Committees on Appro2 priations on all awards and uses of funds made available 

3 under this heading, including specifically identifying all 

4 awards of sole-source contracts and the rationale for making 

5 the award on a sole-source basis: Provided further, That the 

6 Secretary shall notify the Committees on Appropriations of 

7 any proposed allocation of any funds and any related waiv8 ers made pursuant to the provisions under this heading no 

9 later than 5 days before such allocation or waiver is made: 

10 Provided further, That the Secretary shall establish proce11 dures to prevent recipients from receiving any duplication 

12 of benefits and report quarterly to the Committees on Ap13 propriations with regard to all steps taken to prevent fraud 

14 and abuse of funds made available under this heading in15 cluding duplication of benefits: Provided further, That none 

16 of the funds provided under this heading may be used by 

17 a State or locality as a matching requirement, share, or 

18 contribution for any other Federal program. 

19 GENERAL PROVISIONS, THIS CHAPTER 

20 SEC. 11001. Section 7025 of Public Law 109–234 is 

21 amended by inserting ‘‘and nine months’’ after ‘‘two years’’. 

22 SEC. 11002. The Secretary of Housing and Urban De23 velopment (‘‘Secretary’’) is authorized to transfer, at the re24 quest of the project owner, any project-based assistance con25 tract in its entirety entered into pursuant to section 8 of 
65 

•HR 2638 EAH 

1 the United States Housing Act of 1937 (42 U.S.C. 1437f) 

2 (and any use restriction on the project) from one project 

3 to another project. The Secretary shall make a determina4 tion of approval or disapproval within 60 days of receipt 

5 of the proper documentation required for such transfer, as 

6 determined by the Secretary, if— 

7 (1) the project from which the contract is trans8 ferred is destroyed, damaged by Hurricanes Katrina 

9 or Rita, or is considered beyond repair, physically ob10 solete, or economically infeasible; and 

11 (2) the number of individuals that can be served 

12 in the project to which the contract is transferred is 

13 approximately at least equal to the number of indi14 viduals that could be served in the project from which 

15 the contract is transferred, and any difference in the 

16 unit count and bedroom configuration between the 

17 two projects shall be immaterial to the Secretary’s au18 thority to transfer the contract. 

19 SEC. 11003. Section 901 of Public Law 109–148 is 

20 amended by deleting ‘‘calendar years 2006 and 2007’’ and 

21 inserting ‘‘calendar years 2006, 2007, 2008, and 2009’’. 
66 

•HR 2638 EAH 

1 TITLE II—OTHER SUPPLEMENTAL 

2 APPROPRIATIONS 

3 CHAPTER 1—STATE AND FOREIGN OPERATIONS 

4 DEPARTMENT OF STATE 

5 OFFICE OF INSPECTOR GENERAL

6 (INCLUDING TRANSFER OF FUNDS) 

7 For an additional amount for ‘‘Office of Inspector 

8 General’’, $9,000,000, which shall be transferred to the Spe9 cial Inspector General for Afghanistan Reconstruction for 

10 reconstruction oversight, to remain available until Sep11 tember 30, 2010. 

12 BILATERAL ECONOMIC ASSISTANCE 

13 OTHER BILATERAL ECONOMIC ASSISTANCE

14 ECONOMIC SUPPORT FUND

15 (INCLUDING TRANSFER OF FUNDS)

16 For an additional amount for ‘‘Economic Support 

17 Fund’’, $465,000,000, to remain available until September 

18 30, 2010, of which up to $5,000,000 may be made available 

19 for administrative expenses of the United States Agency for 

20 International Development, in addition to amounts other21 wise made available for such purposes: Provided, That of 

22 the funds appropriated under this heading, $365,000,000 

23 shall be made available for assistance for Georgia and the 

24 region for humanitarian and economic relief, reconstruc25 tion, energy-related programs and democracy activities, 
67 

•HR 2638 EAH 

1 and may be transferred to, and merged with, funds appro2 priated under the headings ‘‘Assistance for the Independent 

3 States of the Former Soviet Union’’ and ‘‘International 

4 Disaster Assistance’’, of which up to $8,000,000 may be 

5 transferred to, and merged with, funds made available for 

6 ‘‘International Broadcasting Operations’’ for broadcasting 

7 activities to Georgia, Russia and the region: Provided fur8 ther, That none of the funds made available in prior Acts 

9 making appropriations for foreign operations, export fi10 nancing, and related programs under the headings ‘‘Assist11 ance for the Independent States of the Former Soviet 

12 Union’’ and ‘‘Assistance for Eastern Europe and the Baltic 

13 States’’, or funds appropriated for Iraq for the Community 

14 Stabilization Program under the heading ‘‘Economic Sup15 port Fund’’ in Public Law 110-252, may be reprogrammed 

16 for assistance for Georgia: Provided further, That of the 

17 funds appropriated under this heading, not less than 

18 $100,000,000 shall be made available for hurricane relief 

19 and reconstruction assistance for Haiti and other Carib20 bean countries: Provided further, That funds appropriated 

21 under this heading shall be subject to prior consultation 

22 with, and the regular notification procedures of, the Com23 mittees on Appropriations. 
68 

•HR 2638 EAH 

1 CHAPTER 2—AGRICULTURE 

2 BILL EMERSON HUMANITARIAN TRUST

3 SEC. 20201. There is hereby appropriated to the Sec4 retary of Agriculture $100,000,000, to remain available 

5 until expended, to carry out the Bill Emerson Humani6 tarian Trust, as authorized by the Bill Emerson Humani7 tarian Trust Act (7 U.S.C. 1736f–1). 

8 TITLE III—GENERAL PROVISIONS 

9 SHORT TITLE

10 SEC. 30001. This division may be cited as the ‘‘Dis11 aster Relief and Recovery Supplemental Appropriations 

12 Act, 2008’’. 

13 EMERGENCY DESIGNATION

14 SEC. 30002. Each amount in this Act is designated 

15 as an emergency requirement and necessary to meet emer16 gency needs pursuant to section 204(a) of S. Con. Res. 21 

17 (110th Congress) and section 301(b)(2) of S. Con. Res. 70 

18 (110th Congress), the concurrent resolutions on the budget 

19 for fiscal years 2008 and 2009. 

20 COORDINATION OF PROVISIONS

21 SEC. 30003. Unless otherwise expressly provided, each 

22 amount in this Act is a supplemental appropriation for fis23 cal year 2008 or, if enacted after September 30, 2008, for 

24 fiscal year 2009. 
69 

•HR 2638 EAH 

1 DIVISION C—DEPARTMENT OF DEFENSE 

2 APPROPRIATIONS ACT, 2009 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 fiscal year ending September 30, 2009, for military func6 tions administered by the Department of Defense and for 

7 other purposes, namely: 

8 TITLE I 

9 MILITARY PERSONNEL 

10 MILITARY PERSONNEL, ARMY

11 For pay, allowances, individual clothing, subsistence, 

12 interest on deposits, gratuities, permanent change of station 

13 travel (including all expenses thereof for organizational 

14 movements), and expenses of temporary duty travel between 

15 permanent duty stations, for members of the Army on active 

16 duty, (except members of reserve components provided for 

17 elsewhere), cadets, and aviation cadets; for members of the 

18 Reserve Officers’ Training Corps; and for payments pursu19 ant to section 156 of Public Law 97–377, as amended (42 

20 U.S.C. 402 note), and to the Department of Defense Mili21 tary Retirement Fund, $36,382,736,000. 

22 MILITARY PERSONNEL, NAVY

23 For pay, allowances, individual clothing, subsistence, 

24 interest on deposits, gratuities, permanent change of station 

25 travel (including all expenses thereof for organizational 
70 

•HR 2638 EAH 

1 movements), and expenses of temporary duty travel between 

2 permanent duty stations, for members of the Navy on active 

3 duty (except members of the Reserve provided for elsewhere), 

4 midshipmen, and aviation cadets; for members of the Re5 serve Officers’ Training Corps; and for payments pursuant 

6 to section 156 of Public Law 97–377, as amended (42 

7 U.S.C. 402 note), and to the Department of Defense Mili8 tary Retirement Fund, $24,037,553,000. 

9 MILITARY PERSONNEL, MARINE CORPS

10 For pay, allowances, individual clothing, subsistence, 

11 interest on deposits, gratuities, permanent change of station 

12 travel (including all expenses thereof for organizational 

13 movements), and expenses of temporary duty travel between 

14 permanent duty stations, for members of the Marine Corps 

15 on active duty (except members of the Reserve provided for 

16 elsewhere); and for payments pursuant to section 156 of 

17 Public Law 97–377, as amended (42 U.S.C. 402 note), and 

18 to the Department of Defense Military Retirement Fund, 

19 $11,792,974,000. 

20 MILITARY PERSONNEL, AIR FORCE

21 For pay, allowances, individual clothing, subsistence, 

22 interest on deposits, gratuities, permanent change of station 

23 travel (including all expenses thereof for organizational 

24 movements), and expenses of temporary duty travel between 

25 permanent duty stations, for members of the Air Force on 
71 

•HR 2638 EAH 

1 active duty (except members of reserve components provided 

2 for elsewhere), cadets, and aviation cadets; for members of 

3 the Reserve Officers’ Training Corps; and for payments 

4 pursuant to section 156 of Public Law 97–377, as amended 

5 (42 U.S.C. 402 note), and to the Department of Defense 

6 Military Retirement Fund, $25,103,789,000. 

7 RESERVE PERSONNEL, ARMY

8 For pay, allowances, clothing, subsistence, gratuities, 

9 travel, and related expenses for personnel of the Army Re10 serve on active duty under sections 10211, 10302, and 3038 

11 of title 10, United States Code, or while serving on active 

12 duty under section 12301(d) of title 10, United States Code, 

13 in connection with performing duty specified in section 

14 12310(a) of title 10, United States Code, or while under15 going reserve training, or while performing drills or equiva16 lent duty or other duty, and expenses authorized by section 

17 16131 of title 10, United States Code; and for payments 

18 to the Department of Defense Military Retirement Fund, 

19 $3,904,296,000. 

20 RESERVE PERSONNEL, NAVY

21 For pay, allowances, clothing, subsistence, gratuities, 

22 travel, and related expenses for personnel of the Navy Re23 serve on active duty under section 10211 of title 10, United 

24 States Code, or while serving on active duty under section 

25 12301(d) of title 10, United States Code, in connection with 
72 

•HR 2638 EAH 

1 performing duty specified in section 12310(a) of title 10, 

2 United States Code, or while undergoing reserve training, 

3 or while performing drills or equivalent duty, and expenses 

4 authorized by section 16131 of title 10, United States Code; 

5 and for payments to the Department of Defense Military 

6 Retirement Fund, $1,855,968,000. 

7 RESERVE PERSONNEL, MARINE CORPS

8 For pay, allowances, clothing, subsistence, gratuities, 

9 travel, and related expenses for personnel of the Marine 

10 Corps Reserve on active duty under section 10211 of title 

11 10, United States Code, or while serving on active duty 

12 under section 12301(d) of title 10, United States Code, in 

13 connection with performing duty specified in section 

14 12310(a) of title 10, United States Code, or while under15 going reserve training, or while performing drills or equiva16 lent duty, and for members of the Marine Corps platoon 

17 leaders class, and expenses authorized by section 16131 of 

18 title 10, United States Code; and for payments to the De19 partment of Defense Military Retirement Fund, 

20 $584,910,000. 

21 RESERVE PERSONNEL, AIR FORCE

22 For pay, allowances, clothing, subsistence, gratuities, 

23 travel, and related expenses for personnel of the Air Force 

24 Reserve on active duty under sections 10211, 10305, and 

25 8038 of title 10, United States Code, or while serving on 
73 

•HR 2638 EAH 

1 active duty under section 12301(d) of title 10, United States 

2 Code, in connection with performing duty specified in sec3 tion 12310(a) of title 10, United States Code, or while un4 dergoing reserve training, or while performing drills or 

5 equivalent duty or other duty, and expenses authorized by 

6 section 16131 of title 10, United States Code; and for pay7 ments to the Department of Defense Military Retirement 

8 Fund, $1,423,676,000. 

9 NATIONAL GUARD PERSONNEL, ARMY

10 For pay, allowances, clothing, subsistence, gratuities, 

11 travel, and related expenses for personnel of the Army Na12 tional Guard while on duty under section 10211, 10302, 

13 or 12402 of title 10 or section 708 of title 32, United States 

14 Code, or while serving on duty under section 12301(d) of 

15 title 10 or section 502(f) of title 32, United States Code, 

16 in connection with performing duty specified in section 

17 12310(a) of title 10, United States Code, or while under18 going training, or while performing drills or equivalent 

19 duty or other duty, and expenses authorized by section 

20 16131 of title 10, United States Code; and for payments 

21 to the Department of Defense Military Retirement Fund, 

22 $6,616,220,000. 

23 NATIONAL GUARD PERSONNEL, AIR FORCE

24 For pay, allowances, clothing, subsistence, gratuities, 

25 travel, and related expenses for personnel of the Air Na-
74 

•HR 2638 EAH 

1 tional Guard on duty under section 10211, 10305, or 12402 

2 of title 10 or section 708 of title 32, United States Code, 

3 or while serving on duty under section 12301(d) of title 10 

4 or section 502(f) of title 32, United States Code, in connec5 tion with performing duty specified in section 12310(a) of 

6 title 10, United States Code, or while undergoing training, 

7 or while performing drills or equivalent duty or other duty, 

8 and expenses authorized by section 16131 of title 10, United 

9 States Code; and for payments to the Department of Defense 

10 Military Retirement Fund, $2,741,768,000. 

11 TITLE II 

12 OPERATION AND MAINTENANCE 

13 OPERATION AND MAINTENANCE, ARMY

14 (INCLUDING TRANSFER OF FUNDS)

15 For expenses, not otherwise provided for, necessary for 

16 the operation and maintenance of the Army, as authorized 

17 by law; and not to exceed $11,478,000 can be used for emer18 gencies and extraordinary expenses, to be expended on the 

19 approval or authority of the Secretary of the Army, and 

20 payments may be made on his certificate of necessity for 

21 confidential military purposes, $31,207,243,000: Provided, 

22 That of the funds made available under this heading, 

23 $2,500,000 shall be available for Fort Baker, in accordance 

24 with terms and conditions as provided under the heading 
75 

•HR 2638 EAH 

1 ‘‘Operation and Maintenance, Army’’, in Public Law 107– 

2 117. 

3 OPERATION AND MAINTENANCE, NAVY

4 For expenses, not otherwise provided for, necessary for 

5 the operation and maintenance of the Navy and the Marine 

6 Corps, as authorized by law; and not to exceed $14,657,000 

7 can be used for emergencies and extraordinary expenses, to 

8 be expended on the approval or authority of the Secretary 

9 of the Navy, and payments may be made on his certificate 

10 of necessity for confidential military purposes, 

11 $34,410,773,000. 

12 OPERATION AND MAINTENANCE, MARINE CORPS

13 For expenses, not otherwise provided for, necessary for 

14 the operation and maintenance of the Marine Corps, as au15 thorized by law, $5,519,232,000. 

16 OPERATION AND MAINTENANCE, AIR FORCE

17 For expenses, not otherwise provided for, necessary for 

18 the operation and maintenance of the Air Force, as author19 ized by law; and not to exceed $7,699,000 can be used for 

20 emergencies and extraordinary expenses, to be expended on 

21 the approval or authority of the Secretary of the Air Force, 

22 and payments may be made on his certificate of necessity 

23 for confidential military purposes, $34,865,964,000. 
76 

•HR 2638 EAH 

1 OPERATION AND MAINTENANCE, DEFENSE-WIDE

2 (INCLUDING TRANSFER OF FUNDS)

3 For expenses, not otherwise provided for, necessary for 

4 the operation and maintenance of activities and agencies 

5 of the Department of Defense (other than the military de6 partments), as authorized by law, $25,939,466,000: Pro7 vided, That not more than $50,000,000 may be used for 

8 the Combatant Commander Initiative Fund authorized 

9 under section 166a of title 10, United States Code: Provided 

10 further, That not to exceed $36,000,000 can be used for 

11 emergencies and extraordinary expenses, to be expended on 

12 the approval or authority of the Secretary of Defense, and 

13 payments may be made on his certificate of necessity for 

14 confidential military purposes: Provided further, That of 

15 the funds provided under this heading, not less than 

16 $29,900,000 shall be made available for the Procurement 

17 Technical Assistance Cooperative Agreement Program, of 

18 which not less than $3,600,000 shall be available for centers 

19 defined in 10 U.S.C. 2411(1)(D): Provided further, That 

20 none of the funds appropriated or otherwise made available 

21 by this Act may be used to plan or implement the consolida22 tion of a budget or appropriations liaison office of the Office 

23 of the Secretary of Defense, the office of the Secretary of 

24 a military department, or the service headquarters of one 

25 of the Armed Forces into a legislative affairs or legislative 
77 

•HR 2638 EAH 

1 liaison office: Provided further, That, notwithstanding sec2 tion 130(a) of title 10, United States Code, not less than 

3 $46,970,000 shall be available for the Office of the Undersec4 retary of Defense, Comptroller and Chief Financial Officer: 

5 Provided further, That $4,000,000, to remain available 

6 until expended, is available only for expenses relating to 

7 certain classified activities, and may be transferred as nec8 essary by the Secretary to operation and maintenance ap9 propriations or research, development, test and evaluation 

10 appropriations, to be merged with and to be available for 

11 the same time period as the appropriations to which trans12 ferred: Provided further, That any ceiling on the investment 

13 item unit cost of items that may be purchased with oper14 ation and maintenance funds shall not apply to the funds 

15 described in the preceding proviso: Provided further, That 

16 the transfer authority provided under this heading is in ad17 dition to any other transfer authority provided elsewhere 

18 in this Act. 

19 OPERATION AND MAINTENANCE, ARMY RESERVE

20 For expenses, not otherwise provided for, necessary for 

21 the operation and maintenance, including training, organi22 zation, and administration, of the Army Reserve; repair of 

23 facilities and equipment; hire of passenger motor vehicles; 

24 travel and transportation; care of the dead; recruiting; pro-
78 

•HR 2638 EAH 

1 curement of services, supplies, and equipment; and commu2 nications, $2,628,896,000. 

3 OPERATION AND MAINTENANCE, NAVY RESERVE

4 For expenses, not otherwise provided for, necessary for 

5 the operation and maintenance, including training, organi6 zation, and administration, of the Navy Reserve; repair of 

7 facilities and equipment; hire of passenger motor vehicles; 

8 travel and transportation; care of the dead; recruiting; pro9 curement of services, supplies, and equipment; and commu10 nications, $1,308,141,000. 

11 OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

12 For expenses, not otherwise provided for, necessary for 

13 the operation and maintenance, including training, organi14 zation, and administration, of the Marine Corps Reserve; 

15 repair of facilities and equipment; hire of passenger motor 

16 vehicles; travel and transportation; care of the dead; recruit17 ing; procurement of services, supplies, and equipment; and 

18 communications, $212,487,000. 

19 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

20 For expenses, not otherwise provided for, necessary for 

21 the operation and maintenance, including training, organi22 zation, and administration, of the Air Force Reserve; repair 

23 of facilities and equipment; hire of passenger motor vehicles; 

24 travel and transportation; care of the dead; recruiting; pro-
79 

•HR 2638 EAH 

1 curement of services, supplies, and equipment; and commu2 nications, $3,018,151,000. 

3 OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

4 For expenses of training, organizing, and admin5 istering the Army National Guard, including medical and 

6 hospital treatment and related expenses in non-Federal hos7 pitals; maintenance, operation, and repairs to structures 

8 and facilities; hire of passenger motor vehicles; personnel 

9 services in the National Guard Bureau; travel expenses 

10 (other than mileage), as authorized by law for Army per11 sonnel on active duty, for Army National Guard division, 

12 regimental, and battalion commanders while inspecting 

13 units in compliance with National Guard Bureau regula14 tions when specifically authorized by the Chief, National 

15 Guard Bureau; supplying and equipping the Army Na16 tional Guard as authorized by law; and expenses of repair, 

17 modification, maintenance, and issue of supplies and 

18 equipment (including aircraft), $5,858,303,000. 

19 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

20 For expenses of training, organizing, and admin21 istering the Air National Guard, including medical and 

22 hospital treatment and related expenses in non-Federal hos23 pitals; maintenance, operation, and repairs to structures 

24 and facilities; transportation of things, hire of passenger 

25 motor vehicles; supplying and equipping the Air National 
80 

•HR 2638 EAH 

1 Guard, as authorized by law; expenses for repair, modifica2 tion, maintenance, and issue of supplies and equipment, 

3 including those furnished from stocks under the control of 

4 agencies of the Department of Defense; travel expenses (other 

5 than mileage) on the same basis as authorized by law for 

6 Air National Guard personnel on active Federal duty, for 

7 Air National Guard commanders while inspecting units in 

8 compliance with National Guard Bureau regulations when 

9 specifically authorized by the Chief, National Guard Bu10 reau, $5,901,044,000. 

11 UNITED STATES COURT OF APPEALS FOR THE ARMED

12 FORCES

13 For salaries and expenses necessary for the United 

14 States Court of Appeals for the Armed Forces, $13,254,000, 

15 of which not to exceed $5,000 may be used for official rep16 resentation purposes. 

17 ENVIRONMENTAL RESTORATION, ARMY

18 (INCLUDING TRANSFER OF FUNDS)

19 For the Department of the Army, $457,776,000, to re20 main available until transferred: Provided, That the Sec21 retary of the Army shall, upon determining that such funds 

22 are required for environmental restoration, reduction and 

23 recycling of hazardous waste, removal of unsafe buildings 

24 and debris of the Department of the Army, or for similar 

25 purposes, transfer the funds made available by this appro-
81 

•HR 2638 EAH 

1 priation to other appropriations made available to the De2 partment of the Army, to be merged with and to be available 

3 for the same purposes and for the same time period as the 

4 appropriations to which transferred: Provided further, That 

5 upon a determination that all or part of the funds trans6 ferred from this appropriation are not necessary for the 

7 purposes provided herein, such amounts may be transferred 

8 back to this appropriation: Provided further, That the 

9 transfer authority provided under this heading is in addi10 tion to any other transfer authority provided elsewhere in 

11 this Act. 

12 ENVIRONMENTAL RESTORATION, NAVY

13 (INCLUDING TRANSFER OF FUNDS)

14 For the Department of the Navy, $290,819,000, to re15 main available until transferred: Provided, That the Sec16 retary of the Navy shall, upon determining that such funds 

17 are required for environmental restoration, reduction and 

18 recycling of hazardous waste, removal of unsafe buildings 

19 and debris of the Department of the Navy, or for similar 

20 purposes, transfer the funds made available by this appro21 priation to other appropriations made available to the De22 partment of the Navy, to be merged with and to be available 

23 for the same purposes and for the same time period as the 

24 appropriations to which transferred: Provided further, That 

25 upon a determination that all or part of the funds trans-
82 

•HR 2638 EAH 

1 ferred from this appropriation are not necessary for the 

2 purposes provided herein, such amounts may be transferred 

3 back to this appropriation: Provided further, That the 

4 transfer authority provided under this heading is in addi5 tion to any other transfer authority provided elsewhere in 

6 this Act. 

7 ENVIRONMENTAL RESTORATION, AIR FORCE

8 (INCLUDING TRANSFER OF FUNDS)

9 For the Department of the Air Force, $496,277,000, 

10 to remain available until transferred: Provided, That the 

11 Secretary of the Air Force shall, upon determining that 

12 such funds are required for environmental restoration, re13 duction and recycling of hazardous waste, removal of unsafe 

14 buildings and debris of the Department of the Air Force, 

15 or for similar purposes, transfer the funds made available 

16 by this appropriation to other appropriations made avail17 able to the Department of the Air Force, to be merged with 

18 and to be available for the same purposes and for the same 

19 time period as the appropriations to which transferred: 

20 Provided further, That upon a determination that all or 

21 part of the funds transferred from this appropriation are 

22 not necessary for the purposes provided herein, such 

23 amounts may be transferred back to this appropriation: 

24 Provided further, That the transfer authority provided 
83 

•HR 2638 EAH 

1 under this heading is in addition to any other transfer au2 thority provided elsewhere in this Act. 

3 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

4 (INCLUDING TRANSFER OF FUNDS)

5 For the Department of Defense, $13,175,000, to remain 

6 available until transferred: Provided, That the Secretary of 

7 Defense shall, upon determining that such funds are re8 quired for environmental restoration, reduction and recy9 cling of hazardous waste, removal of unsafe buildings and 

10 debris of the Department of Defense, or for similar purposes, 

11 transfer the funds made available by this appropriation to 

12 other appropriations made available to the Department of 

13 Defense, to be merged with and to be available for the same 

14 purposes and for the same time period as the appropria15 tions to which transferred: Provided further, That upon a 

16 determination that all or part of the funds transferred from 

17 this appropriation are not necessary for the purposes pro18 vided herein, such amounts may be transferred back to this 

19 appropriation: Provided further, That the transfer author20 ity provided under this heading is in addition to any other 

21 transfer authority provided elsewhere in this Act. 
84 

•HR 2638 EAH 

1 ENVIRONMENTAL RESTORATION, FORMERLY USED

2 DEFENSE SITES

3 (INCLUDING TRANSFER OF FUNDS)

4 For the Department of the Army, $291,296,000, to re5 main available until transferred: Provided, That the Sec6 retary of the Army shall, upon determining that such funds 

7 are required for environmental restoration, reduction and 

8 recycling of hazardous waste, removal of unsafe buildings 

9 and debris at sites formerly used by the Department of De10 fense, transfer the funds made available by this appropria11 tion to other appropriations made available to the Depart12 ment of the Army, to be merged with and to be available 

13 for the same purposes and for the same time period as the 

14 appropriations to which transferred: Provided further, That 

15 upon a determination that all or part of the funds trans16 ferred from this appropriation are not necessary for the 

17 purposes provided herein, such amounts may be transferred 

18 back to this appropriation: Provided further, That the 

19 transfer authority provided under this heading is in addi20 tion to any other transfer authority provided elsewhere in 

21 this Act. 

22 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

23 For expenses relating to the Overseas Humanitarian, 

24 Disaster, and Civic Aid programs of the Department of De25 fense (consisting of the programs provided under sections 
85 

•HR 2638 EAH 

1 401, 402, 404, 407, 2557, and 2561 of title 10, United 

2 States Code), $83,273,000, to remain available until Sep3 tember 30, 2010. 

4 COOPERATIVE THREAT REDUCTION ACCOUNT

5 For assistance to the republics of the former Soviet 

6 Union, including assistance provided by contract or by 

7 grants, for facilitating the elimination and the safe and se8 cure transportation and storage of nuclear, chemical and 

9 other weapons; for establishing programs to prevent the pro10 liferation of weapons, weapons components, and weapon11 related technology and expertise; for programs relating to 

12 the training and support of defense and military personnel 

13 for demilitarization and protection of weapons, weapons 

14 components and weapons technology and expertise, and for 

15 defense and military contacts, $434,135,000, to remain 

16 available until September 30, 2011: Provided, That of the 

17 amounts provided under this heading, $12,000,000 shall be 

18 available only to support the dismantling and disposal of 

19 nuclear submarines, submarine reactor components, and se20 curity enhancements for transport and storage of nuclear 

21 warheads in the Russian Far East. 
86 

•HR 2638 EAH 

1 TITLE III 

2 PROCUREMENT 

3 AIRCRAFT PROCUREMENT, ARMY

4 For construction, procurement, production, modifica5 tion, and modernization of aircraft, equipment, including 

6 ordnance, ground handling equipment, spare parts, and ac7 cessories therefor; specialized equipment and training de8 vices; expansion of public and private plants, including the 

9 land necessary therefor, for the foregoing purposes, and such 

10 lands and interests therein, may be acquired, and construc11 tion prosecuted thereon prior to approval of title; and pro12 curement and installation of equipment, appliances, and 

13 machine tools in public and private plants; reserve plant 

14 and Government and contractor-owned equipment layaway; 

15 and other expenses necessary for the foregoing purposes, 

16 $4,900,835,000, to remain available for obligation until 

17 September 30, 2011. 

18 MISSILE PROCUREMENT, ARMY

19 For construction, procurement, production, modifica20 tion, and modernization of missiles, equipment, including 

21 ordnance, ground handling equipment, spare parts, and ac22 cessories therefor; specialized equipment and training de23 vices; expansion of public and private plants, including the 

24 land necessary therefor, for the foregoing purposes, and such 

25 lands and interests therein, may be acquired, and construc-
87 

•HR 2638 EAH 

1 tion prosecuted thereon prior to approval of title; and pro2 curement and installation of equipment, appliances, and 

3 machine tools in public and private plants; reserve plant 

4 and Government and contractor-owned equipment layaway; 

5 and other expenses necessary for the foregoing purposes, 

6 $2,185,060,000, to remain available for obligation until 

7 September 30, 2011. 

8 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

9 VEHICLES, ARMY

10 For construction, procurement, production, and modi11 fication of weapons and tracked combat vehicles, equipment, 

12 including ordnance, spare parts, and accessories therefor; 

13 specialized equipment and training devices; expansion of 

14 public and private plants, including the land necessary 

15 therefor, for the foregoing purposes, and such lands and in16 terests therein, may be acquired, and construction pros17 ecuted thereon prior to approval of title; and procurement 

18 and installation of equipment, appliances, and machine 

19 tools in public and private plants; reserve plant and Gov20 ernment and contractor-owned equipment layaway; and 

21 other expenses necessary for the foregoing purposes, 

22 $3,169,128,000, to remain available for obligation until 

23 September 30, 2011. 
88 

•HR 2638 EAH 

1 PROCUREMENT OF AMMUNITION, ARMY

2 For construction, procurement, production, and modi3 fication of ammunition, and accessories therefor; specialized 

4 equipment and training devices; expansion of public and 

5 private plants, including ammunition facilities, authorized 

6 by section 2854 of title 10, United States Code, and the 

7 land necessary therefor, for the foregoing purposes, and such 

8 lands and interests therein, may be acquired, and construc9 tion prosecuted thereon prior to approval of title; and pro10 curement and installation of equipment, appliances, and 

11 machine tools in public and private plants; reserve plant 

12 and Government and contractor-owned equipment layaway; 

13 and other expenses necessary for the foregoing purposes, 

14 $2,287,398,000, to remain available for obligation until 

15 September 30, 2011. 

16 OTHER PROCUREMENT, ARMY

17 For construction, procurement, production, and modi18 fication of vehicles, including tactical, support, and non19 tracked combat vehicles; the purchase of passenger motor ve20 hicles for replacement only; and the purchase of 3 vehicles 

21 required for physical security of personnel, notwithstanding 

22 price limitations applicable to passenger vehicles but not 

23 to exceed $262,000 per vehicle; communications and elec24 tronic equipment; other support equipment; spare parts, 

25 ordnance, and accessories therefor; specialized equipment 
89 

•HR 2638 EAH 

1 and training devices; expansion of public and private 

2 plants, including the land necessary therefor, for the fore3 going purposes, and such lands and interests therein, may 

4 be acquired, and construction prosecuted thereon prior to 

5 approval of title; and procurement and installation of 

6 equipment, appliances, and machine tools in public and 

7 private plants; reserve plant and Government and con8 tractor-owned equipment layaway; and other expenses nec9 essary for the foregoing purposes, $10,684,014,000, to re10 main available for obligation until September 30, 2011. 

11 AIRCRAFT PROCUREMENT, NAVY

12 For construction, procurement, production, modifica13 tion, and modernization of aircraft, equipment, including 

14 ordnance, spare parts, and accessories therefor; specialized 

15 equipment; expansion of public and private plants, includ16 ing the land necessary therefor, and such lands and inter17 ests therein, may be acquired, and construction prosecuted 

18 thereon prior to approval of title; and procurement and in19 stallation of equipment, appliances, and machine tools in 

20 public and private plants; reserve plant and Government 

21 and contractor-owned equipment layaway, 

22 $14,141,318,000, to remain available for obligation until 

23 September 30, 2011. 
90 

•HR 2638 EAH 

1 WEAPONS PROCUREMENT, NAVY

2 For construction, procurement, production, modifica3 tion, and modernization of missiles, torpedoes, other weap4 ons, and related support equipment including spare parts, 

5 and accessories therefor; expansion of public and private 

6 plants, including the land necessary therefor, and such 

7 lands and interests therein, may be acquired, and construc8 tion prosecuted thereon prior to approval of title; and pro9 curement and installation of equipment, appliances, and 

10 machine tools in public and private plants; reserve plant 

11 and Government and contractor-owned equipment layaway, 

12 $3,292,972,000, to remain available for obligation until 

13 September 30, 2011. 

14 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

15 CORPS

16 For construction, procurement, production, and modi17 fication of ammunition, and accessories therefor; specialized 

18 equipment and training devices; expansion of public and 

19 private plants, including ammunition facilities, authorized 

20 by section 2854 of title 10, United States Code, and the 

21 land necessary therefor, for the foregoing purposes, and such 

22 lands and interests therein, may be acquired, and construc23 tion prosecuted thereon prior to approval of title; and pro24 curement and installation of equipment, appliances, and 

25 machine tools in public and private plants; reserve plant 
91 

•HR 2638 EAH 

1 and Government and contractor-owned equipment layaway; 

2 and other expenses necessary for the foregoing purposes, 

3 $1,085,158,000, to remain available for obligation until 

4 September 30, 2011. 

5 SHIPBUILDING AND CONVERSION, NAVY

6 For expenses necessary for the construction, acquisi7 tion, or conversion of vessels as authorized by law, includ8 ing armor and armament thereof, plant equipment, appli9 ances, and machine tools and installation thereof in public 

10 and private plants; reserve plant and Government and con11 tractor-owned equipment layaway; procurement of critical, 

12 long leadtime components and designs for vessels to be con13 structed or converted in the future; and expansion of public 

14 and private plants, including land necessary therefor, and 

15 such lands and interests therein, may be acquired, and con16 struction prosecuted thereon prior to approval of title, as 

17 follows: 

18 Carrier Replacement Program, $2,692,607,000; 

19 Carrier Replacement Program (AP), 

20 $1,214,188,000; 

21 NSSN, $2,107,040,000; 

22 NSSN (AP), $1,395,548,000; 

23 CVN Refueling, $593,534,000; 

24 CVN Refuelings (AP), $21,389,000; 

25 SSBN Submarine Refuelings, $221,823,000; 
92 

•HR 2638 EAH 

1 SSBN Submarine Refuelings (AP), $39,363,000; 

2 DDG–1000 Program, $1,508,803,000; 

3 DDG–51 Destroyer (AP), $200,000,000; 

4 Littoral Combat Ship, $1,020,000,000; 

5 LPD–17, $933,216,000; 

6 LHA–R (AP), $178,300,000; 

7 Intratheater Connector, $174,782,000; 

8 LCAC Service Life Extension Program, 

9 $110,918,000; 

10 Prior year shipbuilding costs, $165,152,000; 

11 Service Craft, $48,117,000; and 

12 For outfitting, post delivery, conversions, and 

13 first destination transportation, $429,587,000. 

14 In all: $13,054,367,000, to remain available for obliga15 tion until September 30, 2013: Provided, That additional 

16 obligations may be incurred after September 30, 2013, for 

17 engineering services, tests, evaluations, and other such budg18 eted work that must be performed in the final stage of ship 

19 construction: Provided further, That none of the funds pro20 vided under this heading for the construction or conversion 

21 of any naval vessel to be constructed in shipyards in the 

22 United States shall be expended in foreign facilities for the 

23 construction of major components of such vessel: Provided 

24 further, That none of the funds provided under this heading 
93 

•HR 2638 EAH 

1 shall be used for the construction of any naval vessel in 

2 foreign shipyards. 

3 OTHER PROCUREMENT, NAVY

4 For procurement, production, and modernization of 

5 support equipment and materials not otherwise provided 

6 for, Navy ordnance (except ordnance for new aircraft, new 

7 ships, and ships authorized for conversion); the purchase 

8 of passenger motor vehicles for replacement only, and the 

9 purchase of seven vehicles required for physical security of 

10 personnel, notwithstanding price limitations applicable to 

11 passenger vehicles but not to exceed $262,000 per vehicle; 

12 expansion of public and private plants, including the land 

13 necessary therefor, and such lands and interests therein, 

14 may be acquired, and construction prosecuted thereon prior 

15 to approval of title; and procurement and installation of 

16 equipment, appliances, and machine tools in public and 

17 private plants; reserve plant and Government and con18 tractor-owned equipment layaway, $5,250,627,000, to re19 main available for obligation until September 30, 2011. 

20 PROCUREMENT, MARINE CORPS

21 For expenses necessary for the procurement, manufac22 ture, and modification of missiles, armament, military 

23 equipment, spare parts, and accessories therefor; plant 

24 equipment, appliances, and machine tools, and installation 

25 thereof in public and private plants; reserve plant and Gov-
94 

•HR 2638 EAH 

1 ernment and contractor-owned equipment layaway; vehicles 

2 for the Marine Corps, including the purchase of passenger 

3 motor vehicles for replacement only; and expansion of pub4 lic and private plants, including land necessary therefor, 

5 and such lands and interests therein, may be acquired, and 

6 construction prosecuted thereon prior to approval of title, 

7 $1,376,917,000, to remain available for obligation until 

8 September 30, 2011. 

9 AIRCRAFT PROCUREMENT, AIR FORCE

10 For construction, procurement, and modification of 

11 aircraft and equipment, including armor and armament, 

12 specialized ground handling equipment, and training de13 vices, spare parts, and accessories therefor; specialized 

14 equipment; expansion of public and private plants, Govern15 ment-owned equipment and installation thereof in such 

16 plants, erection of structures, and acquisition of land, for 

17 the foregoing purposes, and such lands and interests therein, 

18 may be acquired, and construction prosecuted thereon prior 

19 to approval of title; reserve plant and Government and con20 tractor-owned equipment layaway; and other expenses nec21 essary for the foregoing purposes including rents and trans22 portation of things, $13,112,617,000, to remain available 

23 for obligation until September 30, 2011. 
95 

•HR 2638 EAH 

1 MISSILE PROCUREMENT, AIR FORCE

2 For construction, procurement, and modification of 

3 missiles, spacecraft, rockets, and related equipment, includ4 ing spare parts and accessories therefor, ground handling 

5 equipment, and training devices; expansion of public and 

6 private plants, Government-owned equipment and installa7 tion thereof in such plants, erection of structures, and ac8 quisition of land, for the foregoing purposes, and such lands 

9 and interests therein, may be acquired, and construction 

10 prosecuted thereon prior to approval of title; reserve plant 

11 and Government and contractor-owned equipment layaway; 

12 and other expenses necessary for the foregoing purposes in13 cluding rents and transportation of things, $5,442,428,000, 

14 to remain available for obligation until September 30, 

15 2011. 

16 PROCUREMENT OF AMMUNITION, AIR FORCE

17 For construction, procurement, production, and modi18 fication of ammunition, and accessories therefor; specialized 

19 equipment and training devices; expansion of public and 

20 private plants, including ammunition facilities, authorized 

21 by section 2854 of title 10, United States Code, and the 

22 land necessary therefor, for the foregoing purposes, and such 

23 lands and interests therein, may be acquired, and construc24 tion prosecuted thereon prior to approval of title; and pro25 curement and installation of equipment, appliances, and 
96 

•HR 2638 EAH 

1 machine tools in public and private plants; reserve plant 

2 and Government and contractor-owned equipment layaway; 

3 and other expenses necessary for the foregoing purposes, 

4 $859,466,000, to remain available for obligation until Sep5 tember 30, 2011. 

6 OTHER PROCUREMENT, AIR FORCE

7 For procurement and modification of equipment (in8 cluding ground guidance and electronic control equipment, 

9 and ground electronic and communication equipment), and 

10 supplies, materials, and spare parts therefor, not otherwise 

11 provided for; the purchase of passenger motor vehicles for 

12 replacement only, and the purchase of two vehicles required 

13 for physical security of personnel, notwithstanding price 

14 limitations applicable to passenger vehicles but not to ex15 ceed $262,000 per vehicle; lease of passenger motor vehicles; 

16 and expansion of public and private plants, Government17 owned equipment and installation thereof in such plants, 

18 erection of structures, and acquisition of land, for the fore19 going purposes, and such lands and interests therein, may 

20 be acquired, and construction prosecuted thereon, prior to 

21 approval of title; reserve plant and Government and con22 tractor-owned equipment layaway, $16,052,569,000, to re23 main available for obligation until September 30, 2011. 
97 

•HR 2638 EAH 

1 PROCUREMENT, DEFENSE-WIDE

2 For expenses of activities and agencies of the Depart3 ment of Defense (other than the military departments) nec4 essary for procurement, production, and modification of 

5 equipment, supplies, materials, and spare parts therefor, 

6 not otherwise provided for; the purchase of passenger motor 

7 vehicles for replacement only; expansion of public and pri8 vate plants, equipment, and installation thereof in such 

9 plants, erection of structures, and acquisition of land for 

10 the foregoing purposes, and such lands and interests therein, 

11 may be acquired, and construction prosecuted thereon prior 

12 to approval of title; reserve plant and Government and con13 tractor-owned equipment layaway, $3,306,269,000, to re14 main available for obligation until September 30, 2011. 

15 NATIONAL GUARD AND RESERVE EQUIPMENT

16 For procurement of aircraft, missiles, tracked combat 

17 vehicles, ammunition, other weapons, and other procure18 ment for the reserve components of the Armed Forces, 

19 $750,000,000, to remain available for obligation until Sep20 tember 30, 2011, of which $480,000,000 shall be available 

21 only for the Army National Guard: Provided, That the 

22 Chiefs of the Reserve and National Guard components shall, 

23 not later than 30 days after the enactment of this Act, indi24 vidually submit to the congressional defense committees the 
98 

•HR 2638 EAH 

1 modernization priority assessment for their respective Re2 serve or National Guard component. 

3 DEFENSE PRODUCTION ACT PURCHASES

4 For activities by the Department of Defense pursuant 

5 to sections 108, 301, 302, and 303 of the Defense Production 

6 Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093), 

7 $100,565,000, to remain available until expended. 

8 TITLE IV 

9 RESEARCH, DEVELOPMENT, TEST AND 

10 EVALUATION 

11 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

12 For expenses necessary for basic and applied scientific 

13 research, development, test and evaluation, including main14 tenance, rehabilitation, lease, and operation of facilities 

15 and equipment, $12,060,111,000, to remain available for 

16 obligation until September 30, 2010. 

17 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

18 For expenses necessary for basic and applied scientific 

19 research, development, test and evaluation, including main20 tenance, rehabilitation, lease, and operation of facilities 

21 and equipment, $19,764,276,000, to remain available for 

22 obligation until September 30, 2010: Provided, That funds 

23 appropriated in this paragraph which are available for the 

24 V–22 may be used to meet unique operational requirements 

25 of the Special Operations Forces: Provided further, That 
99 

•HR 2638 EAH 

1 funds appropriated in this paragraph shall be available for 

2 the Cobra Judy program. 

3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR

4 FORCE

5 For expenses necessary for basic and applied scientific 

6 research, development, test and evaluation, including main7 tenance, rehabilitation, lease, and operation of facilities 

8 and equipment, $27,084,340,000, to remain available for 

9 obligation until September 30, 2010. 

10 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

11 DEFENSE-WIDE

12 For expenses of activities and agencies of the Depart13 ment of Defense (other than the military departments), nec14 essary for basic and applied scientific research, develop15 ment, test and evaluation; advanced research projects as 

16 may be designated and determined by the Secretary of De17 fense, pursuant to law; maintenance, rehabilitation, lease, 

18 and operation of facilities and equipment, $21,423,338,000, 

19 to remain available for obligation until September 30, 

20 2010: Provided, That of the amount available under this 

21 heading for the Prompt Global Strike Capability Develop22 ment program, not less than one-fourth shall be available 

23 for the Army Advanced Hypersonic Weapon initiative. 
100 

•HR 2638 EAH 

1 OPERATIONAL TEST AND EVALUATION, DEFENSE

2 For expenses, not otherwise provided for, necessary for 

3 the independent activities of the Director, Operational Test 

4 and Evaluation, in the direction and supervision of oper5 ational test and evaluation, including initial operational 

6 test and evaluation which is conducted prior to, and in sup7 port of, production decisions; joint operational testing and 

8 evaluation; and administrative expenses in connection 

9 therewith, $188,772,000, to remain available for obligation 

10 until September 30, 2010. 

11 TITLE V 

12 REVOLVING AND MANAGEMENT FUNDS 

13 DEFENSE WORKING CAPITAL FUNDS

14 For the Defense Working Capital Funds, 

15 $1,489,234,000. 

16 NATIONAL DEFENSE SEALIFT FUND

17 For National Defense Sealift Fund programs, projects, 

18 and activities, and for expenses of the National Defense Re19 serve Fleet, as established by section 11 of the Merchant 

20 Ship Sales Act of 1946 (50 U.S.C. App. 1744), and for the 

21 necessary expenses to maintain and preserve a U.S.-flag 

22 merchant fleet to serve the national security needs of the 

23 United States, $1,666,572,000, to remain available until ex24 pended: Provided, That none of the funds provided in this 

25 paragraph shall be used to award a new contract that pro-
101 

•HR 2638 EAH 

1 vides for the acquisition of any of the following major com2 ponents unless such components are manufactured in the 

3 United States: auxiliary equipment, including pumps, for 

4 all shipboard services; propulsion system components (that 

5 is; engines, reduction gears, and propellers); shipboard 

6 cranes; and spreaders for shipboard cranes: Provided fur7 ther, That the exercise of an option in a contract awarded 

8 through the obligation of previously appropriated funds 

9 shall not be considered to be the award of a new contract: 

10 Provided further, That the Secretary of the military depart11 ment responsible for such procurement may waive the re12 strictions in the first proviso on a case-by-case basis by cer13 tifying in writing to the Committees on Appropriations of 

14 the House of Representatives and the Senate that adequate 

15 domestic supplies are not available to meet Department of 

16 Defense requirements on a timely basis and that such an 

17 acquisition must be made in order to acquire capability for 

18 national security purposes. 

19 TITLE VI 

20 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

21 DEFENSE HEALTH PROGRAM

22 (INCLUDING TRANSFER OF FUNDS)

23 For expenses, not otherwise provided for, for medical 

24 and health care programs of the Department of Defense as 

25 authorized by law, $25,825,832,000, of which 
102 

•HR 2638 EAH 

1 $1,300,000,000 shall be derived by transfer from the Na2 tional Defense Stockpile Transaction Fund; of which 

3 $24,611,369,000 shall be for operation and maintenance, of 

4 which not to exceed one percent shall remain available until 

5 September 30, 2010, and of which up to $13,217,751,000 

6 may be available for contracts entered into under the 

7 TRICARE program; of which $311,905,000, to remain 

8 available for obligation until September 30, 2011, shall be 

9 for procurement; and of which $902,558,000, to remain 

10 available for obligation until September 30, 2010, shall be 

11 for research, development, test and evaluation: Provided, 

12 That, notwithstanding any other provision of law, of the 

13 amount made available under this heading for research, de14 velopment, test and evaluation, not less than $8,000,000 

15 shall be available for HIV prevention educational activities 

16 undertaken in connection with U.S. military training, exer17 cises, and humanitarian assistance activities conducted pri18 marily in African nations. 

19 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

20 DEFENSE

21 For expenses, not otherwise provided for, necessary for 

22 the destruction of the United States stockpile of lethal chem23 ical agents and munitions, to include construction of facili24 ties, in accordance with the provisions of section 1412 of 

25 the Department of Defense Authorization Act, 1986 (50 
103 

•HR 2638 EAH 

1 U.S.C. 1521), and for the destruction of other chemical war2 fare materials that are not in the chemical weapon stock3 pile, $1,505,634,000, of which $1,152,668,000 shall be for 

4 operation and maintenance, of which no less than 

5 $103,198,000, shall be for the Chemical Stockpile Emer6 gency Preparedness Program, consisting of $33,411,000 for 

7 activities on military installations and $69,787,000, to re8 main available until September 30, 2010, to assist State 

9 and local governments; $64,085,000 shall be for procure10 ment, to remain available until September 30, 2011, of 

11 which no less than $26,428,000 shall be for the Chemical 

12 Stockpile Emergency Preparedness Program to assist State 

13 and local governments; and $288,881,000, to remain avail14 able until September 30, 2010, shall be for research, develop15 ment, test and evaluation, of which $283,219,000 shall only 

16 be for the Assembled Chemical Weapons Alternatives 

17 (ACWA) program. 

18 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

19 DEFENSE

20 (INCLUDING TRANSFER OF FUNDS)

21 For drug interdiction and counter-drug activities of 

22 the Department of Defense, for transfer to appropriations 

23 available to the Department of Defense for military per24 sonnel of the reserve components serving under the provi25 sions of title 10 and title 32, United States Code; for oper-
104 

•HR 2638 EAH 

1 ation and maintenance; for procurement; and for research, 

2 development, test and evaluation, $1,096,743,000: Provided, 

3 That the funds appropriated under this heading shall be 

4 available for obligation for the same time period and for 

5 the same purpose as the appropriation to which transferred: 

6 Provided further, That upon a determination that all or 

7 part of the funds transferred from this appropriation are 

8 not necessary for the purposes provided herein, such 

9 amounts may be transferred back to this appropriation: 

10 Provided further, That the transfer authority provided 

11 under this heading is in addition to any other transfer au12 thority contained elsewhere in this Act. 

13 OFFICE OF THE INSPECTOR GENERAL

14 For expenses and activities of the Office of the Inspec15 tor General in carrying out the provisions of the Inspector 

16 General Act of 1978, as amended, $271,845,000, of which 

17 $270,445,000 shall be for operation and maintenance, of 

18 which not to exceed $700,000 is available for emergencies 

19 and extraordinary expenses to be expended on the approval 

20 or authority of the Inspector General, and payments may 

21 be made on the Inspector General’s certificate of necessity 

22 for confidential military purposes; and of which $1,400,000, 

23 to remain available until September 30, 2011, shall be for 

24 procurement. 
105 

•HR 2638 EAH 

1 TITLE VII 

2 RELATED AGENCIES 

3 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

4 DISABILITY SYSTEM FUND

5 For payment to the Central Intelligence Agency Retire6 ment and Disability System Fund, to maintain the proper 

7 funding level for continuing the operation of the Central 

8 Intelligence Agency Retirement and Disability System, 

9 $279,200,000. 

10 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

11 (INCLUDING TRANSFER OF FUNDS)

12 For necessary expenses of the Intelligence Community 

13 Management Account, $710,042,000: Provided, That of the 

14 funds appropriated under this heading, $44,000,000 shall 

15 be transferred to the Department of Justice, of which 

16 $2,000,000 shall be for reimbursement of Air Force per17 sonnel for the National Drug Intelligence Center to support 

18 the Department of Defense’s counter-drug intelligence re19 sponsibilities: Provided further, That the National Drug In20 telligence Center shall maintain the personnel and technical 

21 resources to provide timely support to law enforcement au22 thorities and the intelligence community by conducting doc23 ument and computer exploitation of materials collected in 

24 Federal, State, and local law enforcement activity associ-
106 

•HR 2638 EAH 

1 ated with counter-drug, counter-terrorism, and national se2 curity investigations and operations. 

3 TITLE VIII 

4 GENERAL PROVISIONS 

5 SEC. 8001. No part of any appropriation contained 

6 in this Act shall be used for publicity or propaganda pur7 poses not authorized by the Congress. 

8 SEC. 8002. During the current fiscal year, provisions 

9 of law prohibiting the payment of compensation to, or em10 ployment of, any person not a citizen of the United States 

11 shall not apply to personnel of the Department of Defense: 

12 Provided, That salary increases granted to direct and indi13 rect hire foreign national employees of the Department of 

14 Defense funded by this Act shall not be at a rate in excess 

15 of the percentage increase authorized by law for civilian 

16 employees of the Department of Defense whose pay is com17 puted under the provisions of section 5332 of title 5, United 

18 States Code, or at a rate in excess of the percentage increase 

19 provided by the appropriate host nation to its own employ20 ees, whichever is higher: Provided further, That this section 

21 shall not apply to Department of Defense foreign service 

22 national employees serving at United States diplomatic 

23 missions whose pay is set by the Department of State under 

24 the Foreign Service Act of 1980: Provided further, That the 

25 limitations of this provision shall not apply to foreign na-
107 

•HR 2638 EAH 

1 tional employees of the Department of Defense in the Re2 public of Turkey. 

3 SEC. 8003. No part of any appropriation contained 

4 in this Act shall remain available for obligation beyond the 

5 current fiscal year, unless expressly so provided herein. 

6 SEC. 8004. No more than 20 percent of the appropria7 tions in this Act which are limited for obligation during 

8 the current fiscal year shall be obligated during the last 2 

9 months of the fiscal year: Provided, That this section shall 

10 not apply to obligations for support of active duty training 

11 of reserve components or summer camp training of the Re12 serve Officers’ Training Corps. 

13 (TRANSFER OF FUNDS)

14 SEC. 8005. Upon determination by the Secretary of 

15 Defense that such action is necessary in the national inter16 est, he may, with the approval of the Office of Management 

17 and Budget, transfer not to exceed $4,100,000,000 of work18 ing capital funds of the Department of Defense or funds 

19 made available in this Act to the Department of Defense 

20 for military functions (except military construction) be21 tween such appropriations or funds or any subdivision 

22 thereof, to be merged with and to be available for the same 

23 purposes, and for the same time period, as the appropria24 tion or fund to which transferred: Provided, That such au25 thority to transfer may not be used unless for higher pri26 ority items, based on unforeseen military requirements, 
108 

•HR 2638 EAH 

1 than those for which originally appropriated and in no case 

2 where the item for which funds are requested has been de3 nied by the Congress: Provided further, That the Secretary 

4 of Defense shall notify the Congress promptly of all transfers 

5 made pursuant to this authority or any other authority in 

6 this Act: Provided further, That no part of the funds in 

7 this Act shall be available to prepare or present a request 

8 to the Committees on Appropriations for reprogramming 

9 of funds, unless for higher priority items, based on unfore10 seen military requirements, than those for which originally 

11 appropriated and in no case where the item for which re12 programming is requested has been denied by the Congress: 

13 Provided further, That a request for multiple 

14 reprogrammings of funds using authority provided in this 

15 section must be made prior to June 30, 2009: Provided fur16 ther, That transfers among military personnel appropria17 tions shall not be taken into account for purposes of the 

18 limitation on the amount of funds that may be transferred 

19 under this section: Provided further, That no obligation of 

20 funds may be made pursuant to section 1206 of Public Law 

21 109–163 (or any successor provision) unless the Secretary 

22 of Defense has notified the congressional defense committees 

23 prior to any such obligation. 

24 SEC. 8006. (a) With regard to the list of specific pro25 grams, projects, and activities (and the dollar amounts and 
109 

•HR 2638 EAH 

1 adjustments to budget activities corresponding to such pro2 grams, projects, and activities) contained in the tables titled 

3 ‘‘Explanation of Project Level Adjustments’’ in the explana4 tory statement described in section 4 (in the matter pre5 ceding division A of this consolidated Act), the obligation 

6 and expenditure of amounts appropriated or otherwise 

7 made available in this Act for those programs, projects, and 

8 activities for which the amounts appropriated exceed the 

9 amounts requested are hereby required by law to be carried 

10 out in the manner provided by such tables to the same ex11 tent as if the tables were included in the text of this Act. 

12 (b) Amounts specified in the referenced tables described 

13 in subsection (a) shall not be treated as subdivisions of ap14 propriations for purposes of section 8005 of this Act: Pro15 vided, That section 8005 shall apply when transfers of the 

16 amounts described in subsection (a) occur between appro17 priation accounts. 

18 SEC. 8007. (a) Not later than 60 days after enactment 

19 of this Act, the Department of Defense shall submit a report 

20 to the congressional defense committees to establish the base21 line for application of reprogramming and transfer au22 thorities for fiscal year 2009: Provided, That the report 

23 shall include— 

24 (1) a table for each appropriation with a sepa25 rate column to display the President’s budget request, 
110 

•HR 2638 EAH 

1 adjustments made by Congress, adjustments due to 

2 enacted rescissions, if appropriate, and the fiscal year 

3 enacted level; 

4 (2) a delineation in the table for each appropria5 tion both by budget activity and program, project, 

6 and activity as detailed in the Budget Appendix; and 

7 (3) an identification of items of special congres8 sional interest. 

9 (b) Notwithstanding section 8005 of this Act, none of 

10 the funds provided in this Act shall be available for re11 programming or transfer until the report identified in sub12 section (a) is submitted to the congressional defense commit13 tees, unless the Secretary of Defense certifies in writing to 

14 the congressional defense committees that such reprogram15 ming or transfer is necessary as an emergency requirement. 

16 SEC. 8008. The Secretaries of the Air Force and the 

17 Army are authorized, using funds available under the head18 ings ‘‘Operation and Maintenance, Air Force’’ and ‘‘Oper19 ation and Maintenance, Army’’, to complete facility conver20 sions and phased repair projects which may include up21 grades and additions to Alaskan range infrastructure and 

22 training areas, and improved access to these ranges. 

23 (TRANSFER OF FUNDS)

24 SEC. 8009. During the current fiscal year, cash bal25 ances in working capital funds of the Department of De26 fense established pursuant to section 2208 of title 10, United 
111 

•HR 2638 EAH 

1 States Code, may be maintained in only such amounts as 

2 are necessary at any time for cash disbursements to be made 

3 from such funds: Provided, That transfers may be made be4 tween such funds: Provided further, That transfers may be 

5 made between working capital funds and the ‘‘Foreign Cur6 rency Fluctuations, Defense’’ appropriation and the ‘‘Oper7 ation and Maintenance’’ appropriation accounts in such 

8 amounts as may be determined by the Secretary of Defense, 

9 with the approval of the Office of Management and Budget, 

10 except that such transfers may not be made unless the Sec11 retary of Defense has notified the Congress of the proposed 

12 transfer. Except in amounts equal to the amounts appro13 priated to working capital funds in this Act, no obligations 

14 may be made against a working capital fund to procure 

15 or increase the value of war reserve material inventory, un16 less the Secretary of Defense has notified the Congress prior 

17 to any such obligation. 

18 SEC. 8010. Funds appropriated by this Act may not 

19 be used to initiate a special access program without prior 

20 notification 30 calendar days in advance to the congres21 sional defense committees. 

22 SEC. 8011. None of the funds provided in this Act shall 

23 be available to initiate: (1) a multiyear contract that em24 ploys economic order quantity procurement in excess of 

25 $20,000,000 in any one year of the contract or that includes 
112 

•HR 2638 EAH 

1 an unfunded contingent liability in excess of $20,000,000; 

2 or (2) a contract for advance procurement leading to a 

3 multiyear contract that employs economic order quantity 

4 procurement in excess of $20,000,000 in any one year, un5 less the congressional defense committees have been notified 

6 at least 30 days in advance of the proposed contract award: 

7 Provided, That no part of any appropriation contained in 

8 this Act shall be available to initiate a multiyear contract 

9 for which the economic order quantity advance procurement 

10 is not funded at least to the limits of the Government’s li11 ability: Provided further, That no part of any appropria12 tion contained in this Act shall be available to initiate 

13 multiyear procurement contracts for any systems or compo14 nent thereof if the value of the multiyear contract would 

15 exceed $500,000,000 unless specifically provided in this Act: 

16 Provided further, That no multiyear procurement contract 

17 can be terminated without 10-day prior notification to the 

18 congressional defense committees: Provided further, That the 

19 execution of multiyear authority shall require the use of a 

20 present value analysis to determine lowest cost compared 

21 to an annual procurement: Provided further, That none of 

22 the funds provided in this Act may be used for a multiyear 

23 contract executed after the date of the enactment of this Act 

24 unless in the case of any such contract— 
113 

•HR 2638 EAH 

1 (1) the Secretary of Defense has submitted to 

2 Congress a budget request for full funding of units to 

3 be procured through the contract and, in the case of 

4 a contract for procurement of aircraft, that includes, 

5 for any aircraft unit to be procured through the con6 tract for which procurement funds are requested in 

7 that budget request for production beyond advance 

8 procurement activities in the fiscal year covered by 

9 the budget, full funding of procurement of such unit 

10 in that fiscal year; 

11 (2) cancellation provisions in the contract do not 

12 include consideration of recurring manufacturing 

13 costs of the contractor associated with the production 

14 of unfunded units to be delivered under the contract; 

15 (3) the contract provides that payments to the 

16 contractor under the contract shall not be made in 

17 advance of incurred costs on funded units; and 

18 (4) the contract does not provide for a price ad19 justment based on a failure to award a follow-on con20 tract. 

21 Funds appropriated in title III of this Act may be 

22 used for a multiyear procurement contract as follows: 

23 SSN Virginia class submarine. 

24 SEC. 8012. Within the funds appropriated for the oper25 ation and maintenance of the Armed Forces, funds are here-
114 

•HR 2638 EAH 

1 by appropriated pursuant to section 401 of title 10, United 

2 States Code, for humanitarian and civic assistance costs 

3 under chapter 20 of title 10, United States Code. Such funds 

4 may also be obligated for humanitarian and civic assist5 ance costs incidental to authorized operations and pursuant 

6 to authority granted in section 401 of chapter 20 of title 

7 10, United States Code, and these obligations shall be re8 ported as required by section 401(d) of title 10, United 

9 States Code: Provided, That funds available for operation 

10 and maintenance shall be available for providing humani11 tarian and similar assistance by using Civic Action Teams 

12 in the Trust Territories of the Pacific Islands and freely 

13 associated states of Micronesia, pursuant to the Compact 

14 of Free Association as authorized by Public Law 99–239: 

15 Provided further, That upon a determination by the Sec16 retary of the Army that such action is beneficial for grad17 uate medical education programs conducted at Army med18 ical facilities located in Hawaii, the Secretary of the Army 

19 may authorize the provision of medical services at such fa20 cilities and transportation to such facilities, on a non21 reimbursable basis, for civilian patients from American 

22 Samoa, the Commonwealth of the Northern Mariana Is23 lands, the Marshall Islands, the Federated States of Micro24 nesia, Palau, and Guam. 
115 

•HR 2638 EAH 

1 SEC. 8013. (a) During fiscal year 2009, the civilian 

2 personnel of the Department of Defense may not be man3 aged on the basis of any end-strength, and the management 

4 of such personnel during that fiscal year shall not be subject 

5 to any constraint or limitation (known as an end-strength) 

6 on the number of such personnel who may be employed on 

7 the last day of such fiscal year. 

8 (b) The fiscal year 2010 budget request for the Depart9 ment of Defense as well as all justification material and 

10 other documentation supporting the fiscal year 2010 De11 partment of Defense budget request shall be prepared and 

12 submitted to the Congress as if subsections (a) and (b) of 

13 this provision were effective with regard to fiscal year 2010. 

14 (c) Nothing in this section shall be construed to apply 

15 to military (civilian) technicians. 

16 SEC. 8014. None of the funds made available by this 

17 Act shall be used in any way, directly or indirectly, to in18 fluence congressional action on any legislation or appro19 priation matters pending before the Congress. 

20 SEC. 8015. None of the funds appropriated by this Act 

21 shall be available for the basic pay and allowances of any 

22 member of the Army participating as a full-time student 

23 and receiving benefits paid by the Secretary of Veterans Af24 fairs from the Department of Defense Education Benefits 

25 Fund when time spent as a full-time student is credited 
116 

•HR 2638 EAH 

1 toward completion of a service commitment: Provided, That 

2 this section shall not apply to those members who have reen3 listed with this option prior to October 1, 1987: Provided 

4 further, That this section applies only to active components 

5 of the Army. 

6 SEC. 8016. (a) None of the funds appropriated by this 

7 Act shall be available to convert to contractor performance 

8 an activity or function of the Department of Defense that, 

9 on or after the date of the enactment of this Act, is per10 formed by more than 10 Department of Defense civilian em11 ployees unless— 

12 (1) the conversion is based on the result of a pub13 lic-private competition that includes a most efficient 

14 and cost effective organization plan developed by such 

15 activity or function; 

16 (2) the Competitive Sourcing Official determines 

17 that, over all performance periods stated in the solici18 tation of offers for performance of the activity or 

19 function, the cost of performance of the activity or 

20 function by a contractor would be less costly to the 

21 Department of Defense by an amount that equals or 

22 exceeds the lesser of— 

23 (A) 10 percent of the most efficient organi24 zation’s personnel-related costs for performance 
117 

•HR 2638 EAH 

1 of that activity or function by Federal employ2 ees; or 

3 (B) $10,000,000; and 

4 (3) the contractor does not receive an advantage 

5 for a proposal that would reduce costs for the Depart6 ment of Defense by— 

7 (A) not making an employer-sponsored 

8 health insurance plan available to the workers 

9 who are to be employed in the performance of 

10 that activity or function under the contract; or 

11 (B) offering to such workers an employer12 sponsored health benefits plan that requires the 

13 employer to contribute less towards the premium 

14 or subscription share than the amount that is 

15 paid by the Department of Defense for health 

16 benefits for civilian employees under chapter 89 

17 of title 5, United States Code. 

18 (b)(1) The Department of Defense, without regard to 

19 subsection (a) of this section or subsection (a), (b), or (c) 

20 of section 2461 of title 10, United States Code, and notwith21 standing any administrative regulation, requirement, or 

22 policy to the contrary shall have full authority to enter into 

23 a contract for the performance of any commercial or indus24 trial type function of the Department of Defense that— 
118 

•HR 2638 EAH 

1 (A) is included on the procurement list estab2 lished pursuant to section 2 of the Javits-Wagner3 O’Day Act (41 U.S.C. 47); 

4 (B) is planned to be converted to performance by 

5 a qualified nonprofit agency for the blind or by a 

6 qualified nonprofit agency for other severely handi7 capped individuals in accordance with that Act; or 

8 (C) is planned to be converted to performance by 

9 a qualified firm under at least 51 percent ownership 

10 by an Indian tribe, as defined in section 4(e) of the 

11 Indian Self-Determination and Education Assistance 

12 Act (25 U.S.C. 450b(e)), or a Native Hawaiian Orga13 nization, as defined in section 8(a)(15) of the Small 

14 Business Act (15 U.S.C. 637(a)(15)). 

15 (2) This section shall not apply to depot contracts or 

16 contracts for depot maintenance as provided in sections 

17 2469 and 2474 of title 10, United States Code. 

18 (c) The conversion of any activity or function of the 

19 Department of Defense under the authority provided by this 

20 section shall be credited toward any competitive or 

21 outsourcing goal, target, or measurement that may be estab22 lished by statute, regulation, or policy and is deemed to 

23 be awarded under the authority of, and in compliance with, 

24 subsection (h) of section 2304 of title 10, United States 
119 

•HR 2638 EAH 

1 Code, for the competition or outsourcing of commercial ac2 tivities. 

3 (TRANSFER OF FUNDS)

4 SEC. 8017. Funds appropriated in title III of this Act 

5 for the Department of Defense Pilot Mentor-Protege Pro6 gram may be transferred to any other appropriation con7 tained in this Act solely for the purpose of implementing 

8 a Mentor-Protege Program developmental assistance agree9 ment pursuant to section 831 of the National Defense Au10 thorization Act for Fiscal Year 1991 (Public Law 101–510; 

11 10 U.S.C. 2302 note), as amended, under the authority of 

12 this provision or any other transfer authority contained in 

13 this Act. 

14 SEC. 8018. None of the funds in this Act may be avail15 able for the purchase by the Department of Defense (and 

16 its departments and agencies) of welded shipboard anchor 

17 and mooring chain 4 inches in diameter and under unless 

18 the anchor and mooring chain are manufactured in the 

19 United States from components which are substantially 

20 manufactured in the United States: Provided, That for the 

21 purpose of this section manufactured will include cutting, 

22 heat treating, quality control, testing of chain and welding 

23 (including the forging and shot blasting process): Provided 

24 further, That for the purpose of this section substantially 

25 all of the components of anchor and mooring chain shall 

26 be considered to be produced or manufactured in the United 
120 

•HR 2638 EAH 

1 States if the aggregate cost of the components produced or 

2 manufactured in the United States exceeds the aggregate 

3 cost of the components produced or manufactured outside 

4 the United States: Provided further, That when adequate 

5 domestic supplies are not available to meet Department of 

6 Defense requirements on a timely basis, the Secretary of the 

7 service responsible for the procurement may waive this re8 striction on a case-by-case basis by certifying in writing 

9 to the Committees on Appropriations that such an acquisi10 tion must be made in order to acquire capability for na11 tional security purposes. 

12 SEC. 8019. None of the funds available to the Depart13 ment of Defense may be used to demilitarize or dispose of 

14 M–1 Carbines, M–1 Garand rifles, M–14 rifles, .22 caliber 

15 rifles, .30 caliber rifles, or M–1911 pistols. 

16 SEC. 8020. No more than $500,000 of the funds appro17 priated or made available in this Act shall be used during 

18 a single fiscal year for any single relocation of an organiza19 tion, unit, activity or function of the Department of Defense 

20 into or within the National Capital Region: Provided, That 

21 the Secretary of Defense may waive this restriction on a 

22 case-by-case basis by certifying in writing to the congres23 sional defense committees that such a relocation is required 

24 in the best interest of the Government. 
121 

•HR 2638 EAH 

1 SEC. 8021. In addition to the funds provided elsewhere 

2 in this Act, $15,000,000 is appropriated only for incentive 

3 payments authorized by section 504 of the Indian Financ4 ing Act of 1974 (25 U.S.C. 1544): Provided, That a prime 

5 contractor or a subcontractor at any tier that makes a sub6 contract award to any subcontractor or supplier as defined 

7 in section 1544 of title 25, United States Code, or a small 

8 business owned and controlled by an individual or individ9 uals defined under section 4221(9) of title 25, United States 

10 Code, shall be considered a contractor for the purposes of 

11 being allowed additional compensation under section 504 

12 of the Indian Financing Act of 1974 (25 U.S.C. 1544) 

13 whenever the prime contract or subcontract amount is over 

14 $500,000 and involves the expenditure of funds appro15 priated by an Act making Appropriations for the Depart16 ment of Defense with respect to any fiscal year: Provided 

17 further, That notwithstanding section 430 of title 41, 

18 United States Code, this section shall be applicable to any 

19 Department of Defense acquisition of supplies or services, 

20 including any contract and any subcontract at any tier for 

21 acquisition of commercial items produced or manufactured, 

22 in whole or in part by any subcontractor or supplier de23 fined in section 1544 of title 25, United States Code, or 

24 a small business owned and controlled by an individual or 
122 

•HR 2638 EAH 

1 individuals defined under section 4221(9) of title 25, 

2 United States Code. 

3 SEC. 8022. Funds appropriated by this Act for the De4 fense Media Activity shall not be used for any national or 

5 international political or psychological activities. 

6 SEC. 8023. None of the funds appropriated by this Act 

7 shall be available to perform any cost study pursuant to 

8 the provisions of OMB Circular A–76 if the study being 

9 performed exceeds a period of 24 months after initiation 

10 of such study with respect to a single function activity or 

11 30 months after initiation of such study for a multi-func12 tion activity. 

13 SEC. 8024. During the current fiscal year, the Depart14 ment of Defense is authorized to incur obligations of not 

15 to exceed $350,000,000 for purposes specified in section 

16 2350j(c) of title 10, United States Code, in anticipation of 

17 receipt of contributions, only from the Government of Ku18 wait, under that section: Provided, That upon receipt, such 

19 contributions from the Government of Kuwait shall be cred20 ited to the appropriations or fund which incurred such obli21 gations. 

22 SEC. 8025. (a) Of the funds made available in this 

23 Act, not less than $34,929,000 shall be available for the 

24 Civil Air Patrol Corporation, of which— 
123 

•HR 2638 EAH 

1 (1) $26,605,000 shall be available from ‘‘Oper2 ation and Maintenance, Air Force’’ to support Civil 

3 Air Patrol Corporation operation and maintenance, 

4 readiness, counterdrug activities, and drug demand 

5 reduction activities involving youth programs; 

6 (2) $7,435,000 shall be available from ‘‘Aircraft 

7 Procurement, Air Force’’; and 

8 (3) $889,000 shall be available from ‘‘Other Pro9 curement, Air Force’’ for vehicle procurement. 

10 (b) The Secretary of the Air Force should waive reim11 bursement for any funds used by the Civil Air Patrol for 

12 counter-drug activities in support of Federal, State, and 

13 local government agencies. 

14 SEC. 8026. (a) None of the funds appropriated in this 

15 Act are available to establish a new Department of Defense 

16 (department) federally funded research and development 

17 center (FFRDC), either as a new entity, or as a separate 

18 entity administrated by an organization managing another 

19 FFRDC, or as a nonprofit membership corporation con20 sisting of a consortium of other FFRDCs and other non21 profit entities. 

22 (b) No member of a Board of Directors, Trustees, Over23 seers, Advisory Group, Special Issues Panel, Visiting Com24 mittee, or any similar entity of a defense FFRDC, and no 

25 paid consultant to any defense FFRDC, except when acting 
124 

•HR 2638 EAH 

1 in a technical advisory capacity, may be compensated for 

2 his or her services as a member of such entity, or as a paid 

3 consultant by more than one FFRDC in a fiscal year: Pro4 vided, That a member of any such entity referred to pre5 viously in this subsection shall be allowed travel expenses 

6 and per diem as authorized under the Federal Joint Travel 

7 Regulations, when engaged in the performance of member8 ship duties. 

9 (c) Notwithstanding any other provision of law, none 

10 of the funds available to the department from any source 

11 during fiscal year 2009 may be used by a defense FFRDC, 

12 through a fee or other payment mechanism, for construction 

13 of new buildings, for payment of cost sharing for projects 

14 funded by Government grants, for absorption of contract 

15 overruns, or for certain charitable contributions, not to in16 clude employee participation in community service and/or 

17 development. 

18 (d) Notwithstanding any other provision of law, of the 

19 funds available to the department during fiscal year 2009, 

20 not more than 5,600 staff years of technical effort (staff 

21 years) may be funded for defense FFRDCs: Provided, That 

22 of the specific amount referred to previously in this sub23 section, not more than 1,100 staff years may be funded for 

24 the defense studies and analysis FFRDCs: Provided further, 

25 That this subsection shall not apply to staff years funded 
125 

•HR 2638 EAH 

1 in the National Intelligence Program (NIP) and the Mili2 tary Intelligence Program (MIP). 

3 (e) The Secretary of Defense shall, with the submission 

4 of the department’s fiscal year 2010 budget request, submit 

5 a report presenting the specific amounts of staff years of 

6 technical effort to be allocated for each defense FFRDC dur7 ing that fiscal year and the associated budget estimates. 

8 (f) Notwithstanding any other provision of this Act, 

9 the total amount appropriated in this Act for FFRDCs is 

10 hereby reduced by $84,000,000. 

11 SEC. 8027. None of the funds appropriated or made 

12 available in this Act shall be used to procure carbon, alloy 

13 or armor steel plate for use in any Government-owned facil14 ity or property under the control of the Department of De15 fense which were not melted and rolled in the United States 

16 or Canada: Provided, That these procurement restrictions 

17 shall apply to any and all Federal Supply Class 9515, 

18 American Society of Testing and Materials (ASTM) or 

19 American Iron and Steel Institute (AISI) specifications of 

20 carbon, alloy or armor steel plate: Provided further, That 

21 the Secretary of the military department responsible for the 

22 procurement may waive this restriction on a case-by-case 

23 basis by certifying in writing to the Committees on Appro24 priations of the House of Representatives and the Senate 

25 that adequate domestic supplies are not available to meet 
126 

•HR 2638 EAH 

1 Department of Defense requirements on a timely basis and 

2 that such an acquisition must be made in order to acquire 

3 capability for national security purposes: Provided further, 

4 That these restrictions shall not apply to contracts which 

5 are in being as of the date of the enactment of this Act. 

6 SEC. 8028. For the purposes of this Act, the term ‘‘con7 gressional defense committees’’ means the Armed Services 

8 Committee of the House of Representatives, the Armed Serv9 ices Committee of the Senate, the Subcommittee on Defense 

10 of the Committee on Appropriations of the Senate, and the 

11 Subcommittee on Defense of the Committee on Appropria12 tions of the House of Representatives. 

13 SEC. 8029. During the current fiscal year, the Depart14 ment of Defense may acquire the modification, depot main15 tenance and repair of aircraft, vehicles and vessels as well 

16 as the production of components and other Defense-related 

17 articles, through competition between Department of De18 fense depot maintenance activities and private firms: Pro19 vided, That the Senior Acquisition Executive of the military 

20 department or Defense Agency concerned, with power of del21 egation, shall certify that successful bids include comparable 

22 estimates of all direct and indirect costs for both public and 

23 private bids: Provided further, That Office of Management 

24 and Budget Circular A–76 shall not apply to competitions 

25 conducted under this section. 
127 

•HR 2638 EAH 

1 SEC. 8030. (a)(1) If the Secretary of Defense, after con2 sultation with the United States Trade Representative, de3 termines that a foreign country which is party to an agree4 ment described in paragraph (2) has violated the terms of 

5 the agreement by discriminating against certain types of 

6 products produced in the United States that are covered by 

7 the agreement, the Secretary of Defense shall rescind the 

8 Secretary’s blanket waiver of the Buy American Act with 

9 respect to such types of products produced in that foreign 

10 country. 

11 (2) An agreement referred to in paragraph (1) is any 

12 reciprocal defense procurement memorandum of under13 standing, between the United States and a foreign country 

14 pursuant to which the Secretary of Defense has prospec15 tively waived the Buy American Act for certain products 

16 in that country. 

17 (b) The Secretary of Defense shall submit to the Con18 gress a report on the amount of Department of Defense pur19 chases from foreign entities in fiscal year 2009. Such report 

20 shall separately indicate the dollar value of items for which 

21 the Buy American Act was waived pursuant to any agree22 ment described in subsection (a)(2), the Trade Agreement 

23 Act of 1979 (19 U.S.C. 2501 et seq.), or any international 

24 agreement to which the United States is a party. 
128 

•HR 2638 EAH 

1 (c) For purposes of this section, the term ‘‘Buy Amer2 ican Act’’ means title III of the Act entitled ‘‘An Act mak3 ing appropriations for the Treasury and Post Office De4 partments for the fiscal year ending June 30, 1934, and 

5 for other purposes’’, approved March 3, 1933 (41 U.S.C. 

6 10a et seq.). 

7 SEC. 8031. During the current fiscal year, amounts 

8 contained in the Department of Defense Overseas Military 

9 Facility Investment Recovery Account established by section 

10 2921(c)(1) of the National Defense Authorization Act of 

11 1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall be 

12 available until expended for the payments specified by sec13 tion 2921(c)(2) of that Act. 

14 SEC. 8032. (a) Notwithstanding any other provision 

15 of law, the Secretary of the Air Force may convey at no 

16 cost to the Air Force, without consideration, to Indian 

17 tribes located in the States of North Dakota, South Dakota, 

18 Montana, and Minnesota relocatable military housing units 

19 located at Grand Forks Air Force Base and Minot Air 

20 Force Base that are excess to the needs of the Air Force. 

21 (b) The Secretary of the Air Force shall convey, at no 

22 cost to the Air Force, military housing units under sub23 section (a) in accordance with the request for such units 

24 that are submitted to the Secretary by the Operation Walk25 ing Shield Program on behalf of Indian tribes located in 
129 

•HR 2638 EAH 

1 the States of North Dakota, South Dakota, Montana, and 

2 Minnesota. 

3 (c) The Operation Walking Shield Program shall re4 solve any conflicts among requests of Indian tribes for hous5 ing units under subsection (a) before submitting requests 

6 to the Secretary of the Air Force under subsection (b). 

7 (d) In this section, the term ‘‘Indian tribe’’ means any 

8 recognized Indian tribe included on the current list pub9 lished by the Secretary of the Interior under section 104 

10 of the Federally Recognized Indian Tribe Act of 1994 (Pub11 lic Law 103–454; 108 Stat. 4792; 25 U.S.C. 479a–1). 

12 SEC. 8033. During the current fiscal year, appropria13 tions which are available to the Department of Defense for 

14 operation and maintenance may be used to purchase items 

15 having an investment item unit cost of not more than 

16 $250,000. 

17 SEC. 8034. (a) During the current fiscal year, none 

18 of the appropriations or funds available to the Department 

19 of Defense Working Capital Funds shall be used for the pur20 chase of an investment item for the purpose of acquiring 

21 a new inventory item for sale or anticipated sale during 

22 the current fiscal year or a subsequent fiscal year to cus23 tomers of the Department of Defense Working Capital 

24 Funds if such an item would not have been chargeable to 

25 the Department of Defense Business Operations Fund dur-
130 

•HR 2638 EAH 

1 ing fiscal year 1994 and if the purchase of such an invest2 ment item would be chargeable during the current fiscal 

3 year to appropriations made to the Department of Defense 

4 for procurement. 

5 (b) The fiscal year 2010 budget request for the Depart6 ment of Defense as well as all justification material and 

7 other documentation supporting the fiscal year 2010 De8 partment of Defense budget shall be prepared and submitted 

9 to the Congress on the basis that any equipment which was 

10 classified as an end item and funded in a procurement ap11 propriation contained in this Act shall be budgeted for in 

12 a proposed fiscal year 2010 procurement appropriation and 

13 not in the supply management business area or any other 

14 area or category of the Department of Defense Working 

15 Capital Funds. 

16 SEC. 8035. None of the funds appropriated by this Act 

17 for programs of the Central Intelligence Agency shall re18 main available for obligation beyond the current fiscal year, 

19 except for funds appropriated for the Reserve for Contin20 gencies, which shall remain available until September 30, 

21 2010: Provided, That funds appropriated, transferred, or 

22 otherwise credited to the Central Intelligence Agency Cen23 tral Services Working Capital Fund during this or any 

24 prior or subsequent fiscal year shall remain available until 

25 expended: Provided further, That any funds appropriated 
131 

•HR 2638 EAH 

1 or transferred to the Central Intelligence Agency for ad2 vanced research and development acquisition, for agent op3 erations, and for covert action programs authorized by the 

4 President under section 503 of the National Security Act 

5 of 1947, as amended, shall remain available until Sep6 tember 30, 2010. 

7 SEC. 8036. Notwithstanding any other provision of 

8 law, funds made available in this Act for the Defense Intel9 ligence Agency may be used for the design, development, and 

10 deployment of General Defense Intelligence Program intel11 ligence communications and intelligence information sys12 tems for the Services, the Unified and Specified Commands, 

13 and the component commands. 

14 SEC. 8037. Of the funds appropriated to the Depart15 ment of Defense under the heading ‘‘Operation and Mainte16 nance, Defense-Wide’’, not less than $12,000,000 shall be 

17 made available only for the mitigation of environmental 

18 impacts, including training and technical assistance to 

19 tribes, related administrative support, the gathering of in20 formation, documenting of environmental damage, and de21 veloping a system for prioritization of mitigation and cost 

22 to complete estimates for mitigation, on Indian lands re23 sulting from Department of Defense activities. 

24 SEC. 8038. (a) None of the funds appropriated in this 

25 Act may be expended by an entity of the Department of 
132 

•HR 2638 EAH 

1 Defense unless the entity, in expending the funds, complies 

2 with the Buy American Act. For purposes of this subsection, 

3 the term ‘‘Buy American Act’’ means title III of the Act 

4 entitled ‘‘An Act making appropriations for the Treasury 

5 and Post Office Departments for the fiscal year ending June 

6 30, 1934, and for other purposes’’, approved March 3, 1933 

7 (41 U.S.C. 10a et seq.). 

8 (b) If the Secretary of Defense determines that a person 

9 has been convicted of intentionally affixing a label bearing 

10 a ‘‘Made in America’’ inscription to any product sold in 

11 or shipped to the United States that is not made in Amer12 ica, the Secretary shall determine, in accordance with sec13 tion 2410f of title 10, United States Code, whether the per14 son should be debarred from contracting with the Depart15 ment of Defense. 

16 (c) In the case of any equipment or products purchased 

17 with appropriations provided under this Act, it is the sense 

18 of the Congress that any entity of the Department of De19 fense, in expending the appropriation, purchase only Amer20 ican-made equipment and products, provided that Amer21 ican-made equipment and products are cost-competitive, 

22 quality-competitive, and available in a timely fashion. 

23 SEC. 8039. None of the funds appropriated by this Act 

24 shall be available for a contract for studies, analysis, or 

25 consulting services entered into without competition on the 
133 

•HR 2638 EAH 

1 basis of an unsolicited proposal unless the head of the activ2 ity responsible for the procurement determines— 

3 (1) as a result of thorough technical evaluation, 

4 only one source is found fully qualified to perform the 

5 proposed work; 

6 (2) the purpose of the contract is to explore an 

7 unsolicited proposal which offers significant scientific 

8 or technological promise, represents the product of 

9 original thinking, and was submitted in confidence 

10 by one source; or 

11 (3) the purpose of the contract is to take advan12 tage of unique and significant industrial accomplish13 ment by a specific concern, or to insure that a new 

14 product or idea of a specific concern is given finan15 cial support: Provided, That this limitation shall not 

16 apply to contracts in an amount of less than $25,000, 

17 contracts related to improvements of equipment that 

18 is in development or production, or contracts as to 

19 which a civilian official of the Department of Defense, 

20 who has been confirmed by the Senate, determines 

21 that the award of such contract is in the interest of 

22 the national defense. 

23 SEC. 8040. (a) Except as provided in subsections (b) 

24 and (c), none of the funds made available by this Act may 

25 be used— 
134 

•HR 2638 EAH 

1 (1) to establish a field operating agency; or 

2 (2) to pay the basic pay of a member of the 

3 Armed Forces or civilian employee of the department 

4 who is transferred or reassigned from a headquarters 

5 activity if the member or employee’s place of duty re6 mains at the location of that headquarters. 

7 (b) The Secretary of Defense or Secretary of a military 

8 department may waive the limitations in subsection (a), 

9 on a case-by-case basis, if the Secretary determines, and cer10 tifies to the Committees on Appropriations of the House of 

11 Representatives and Senate that the granting of the waiver 

12 will reduce the personnel requirements or the financial re13 quirements of the department. 

14 (c) This section does not apply to— 

15 (1) field operating agencies funded within the 

16 National Intelligence Program; or 

17 (2) an Army field operating agency established 

18 to eliminate, mitigate, or counter the effects of impro19 vised explosive devices, and, as determined by the Sec20 retary of the Army, other similar threats. 

21 SEC. 8041. The Secretary of Defense, notwithstanding 

22 any other provision of law, acting through the Office of Eco23 nomic Adjustment of the Department of Defense, may use 

24 funds made available in this Act under the heading ‘‘Oper25 ation and Maintenance, Defense-Wide’’ to make grants and 
135 

•HR 2638 EAH 

1 supplement other Federal funds in accordance with the 

2 guidance provided in the explanatory statement described 

3 in section 4 (in the matter preceding division A of this con4 solidated Act). 

5 (RESCISSIONS)

6 SEC. 8042. Of the funds appropriated in Department 

7 of Defense Appropriations Acts, the following funds are 

8 hereby rescinded from the following accounts and programs 

9 in the specified amounts: 

10 ‘‘Aircraft Procurement, Army’’, 2008/2010, 

11 $174,600,000; 

12 ‘‘Procurement of Ammunition, Army’’, 2008/ 

13 2010, $69,200,000; 

14 ‘‘Shipbuilding and Conversion, Navy’’, 2008/ 

15 2012, $337,000,000; 

16 ‘‘Research, Development, Test and Evaluation, 

17 Army’’, 2008/2009, $49,800,000; 

18 ‘‘Research, Development, Test and Evaluation, 

19 Air Force’’, 2008/2009, $300,073,000; 

20 ‘‘Research, Development, Test and Evaluation, 

21 Defense-Wide’’, 2008/2009, $150,000,000; and 

22 ‘‘Tanker Replacement Transfer Fund’’, 

23 $239,800,000. 

24 SEC. 8043. None of the funds available in this Act may 

25 be used to reduce the authorized positions for military (ci26 vilian) technicians of the Army National Guard, Air Na-
136 

•HR 2638 EAH 

1 tional Guard, Army Reserve and Air Force Reserve for the 

2 purpose of applying any administratively imposed civilian 

3 personnel ceiling, freeze, or reduction on military (civilian) 

4 technicians, unless such reductions are a direct result of a 

5 reduction in military force structure. 

6 SEC. 8044. None of the funds appropriated or other7 wise made available in this Act may be obligated or ex8 pended for assistance to the Democratic People’s Republic 

9 of Korea unless specifically appropriated for that purpose. 

10 SEC. 8045. Funds appropriated in this Act for oper11 ation and maintenance of the Military Departments, Com12 batant Commands and Defense Agencies shall be available 

13 for reimbursement of pay, allowances and other expenses 

14 which would otherwise be incurred against appropriations 

15 for the National Guard and Reserve when members of the 

16 National Guard and Reserve provide intelligence or coun17 terintelligence support to Combatant Commands, Defense 

18 Agencies and Joint Intelligence Activities, including the ac19 tivities and programs included within the National Intel20 ligence Program and the Military Intelligence Program: 

21 Provided, That nothing in this section authorizes deviation 

22 from established Reserve and National Guard personnel and 

23 training procedures. 

24 SEC. 8046. During the current fiscal year, none of the 

25 funds appropriated in this Act may be used to reduce the 
137 

•HR 2638 EAH 

1 civilian medical and medical support personnel assigned to 

2 military treatment facilities below the September 30, 2003, 

3 level: Provided, That the Service Surgeons General may 

4 waive this section by certifying to the congressional defense 

5 committees that the beneficiary population is declining in 

6 some catchment areas and civilian strength reductions may 

7 be consistent with responsible resource stewardship and 

8 capitation-based budgeting. 

9 SEC. 8047. (a) None of the funds available to the De10 partment of Defense for any fiscal year for drug interdic11 tion or counter-drug activities may be transferred to any 

12 other department or agency of the United States except as 

13 specifically provided in an appropriations law. 

14 (b) None of the funds available to the Central Intel15 ligence Agency for any fiscal year for drug interdiction and 

16 counter-drug activities may be transferred to any other de17 partment or agency of the United States except as specifi18 cally provided in an appropriations law. 

19 SEC. 8048. None of the funds appropriated by this Act 

20 may be used for the procurement of ball and roller bearings 

21 other than those produced by a domestic source and of do22 mestic origin: Provided, That the Secretary of the military 

23 department responsible for such procurement may waive 

24 this restriction on a case-by-case basis by certifying in writ25 ing to the Committees on Appropriations of the House of 
138 

•HR 2638 EAH 

1 Representatives and the Senate, that adequate domestic 

2 supplies are not available to meet Department of Defense 

3 requirements on a timely basis and that such an acquisition 

4 must be made in order to acquire capability for national 

5 security purposes: Provided further, That this restriction 

6 shall not apply to the purchase of ‘‘commercial items’’, as 

7 defined by section 4(12) of the Office of Federal Procure8 ment Policy Act, except that the restriction shall apply to 

9 ball or roller bearings purchased as end items. 

10 SEC. 8049. None of the funds in this Act may be used 

11 to purchase any supercomputer which is not manufactured 

12 in the United States, unless the Secretary of Defense cer13 tifies to the congressional defense committees that such an 

14 acquisition must be made in order to acquire capability for 

15 national security purposes that is not available from 

16 United States manufacturers. 

17 SEC. 8050. None of the funds made available in this 

18 or any other Act may be used to pay the salary of any 

19 officer or employee of the Department of Defense who ap20 proves or implements the transfer of administrative respon21 sibilities or budgetary resources of any program, project, 

22 or activity financed by this Act to the jurisdiction of an23 other Federal agency not financed by this Act without the 

24 express authorization of Congress: Provided, That this limi25 tation shall not apply to transfers of funds expressly pro-
139 

•HR 2638 EAH 

1 vided for in Defense Appropriations Acts, or provisions of 

2 Acts providing supplemental appropriations for the De3 partment of Defense. 

4 SEC. 8051. (a) Notwithstanding any other provision 

5 of law, none of the funds available to the Department of 

6 Defense for the current fiscal year may be obligated or ex7 pended to transfer to another nation or an international 

8 organization any defense articles or services (other than in9 telligence services) for use in the activities described in sub10 section (b) unless the congressional defense committees, the 

11 Committee on International Relations of the House of Rep12 resentatives, and the Committee on Foreign Relations of the 

13 Senate are notified 15 days in advance of such transfer. 

14 (b) This section applies to— 

15 (1) any international peacekeeping or peace-en16 forcement operation under the authority of chapter VI 

17 or chapter VII of the United Nations Charter under 

18 the authority of a United Nations Security Council 

19 resolution; and 

20 (2) any other international peacekeeping, peace21 enforcement, or humanitarian assistance operation. 

22 (c) A notice under subsection (a) shall include the fol23 lowing— 

24 (1) A description of the equipment, supplies, or 

25 services to be transferred. 
140 

•HR 2638 EAH 

1 (2) A statement of the value of the equipment, 

2 supplies, or services to be transferred. 

3 (3) In the case of a proposed transfer of equip4 ment or supplies— 

5 (A) a statement of whether the inventory re6 quirements of all elements of the Armed Forces 

7 (including the reserve components) for the type 

8 of equipment or supplies to be transferred have 

9 been met; and 

10 (B) a statement of whether the items pro11 posed to be transferred will have to be replaced 

12 and, if so, how the President proposes to provide 

13 funds for such replacement. 

14 SEC. 8052. None of the funds available to the Depart15 ment of Defense under this Act shall be obligated or ex16 pended to pay a contractor under a contract with the De17 partment of Defense for costs of any amount paid by the 

18 contractor to an employee when— 

19 (1) such costs are for a bonus or otherwise in ex20 cess of the normal salary paid by the contractor to the 

21 employee; and 

22 (2) such bonus is part of restructuring costs asso23 ciated with a business combination. 

24 (INCLUDING TRANSFER OF FUNDS)

25 SEC. 8053. During the current fiscal year, no more 

26 than $30,000,000 of appropriations made in this Act under 
141 

•HR 2638 EAH 

1 the heading ‘‘Operation and Maintenance, Defense-Wide’’ 

2 may be transferred to appropriations available for the pay 

3 of military personnel, to be merged with, and to be available 

4 for the same time period as the appropriations to which 

5 transferred, to be used in support of such personnel in con6 nection with support and services for eligible organizations 

7 and activities outside the Department of Defense pursuant 

8 to section 2012 of title 10, United States Code. 

9 SEC. 8054. During the current fiscal year, in the case 

10 of an appropriation account of the Department of Defense 

11 for which the period of availability for obligation has ex12 pired or which has closed under the provisions of section 

13 1552 of title 31, United States Code, and which has a nega14 tive unliquidated or unexpended balance, an obligation or 

15 an adjustment of an obligation may be charged to any cur16 rent appropriation account for the same purpose as the ex17 pired or closed account if— 

18 (1) the obligation would have been properly 

19 chargeable (except as to amount) to the expired or 

20 closed account before the end of the period of avail21 ability or closing of that account; 

22 (2) the obligation is not otherwise properly 

23 chargeable to any current appropriation account of 

24 the Department of Defense; and 
142 

•HR 2638 EAH 

1 (3) in the case of an expired account, the obliga2 tion is not chargeable to a current appropriation of 

3 the Department of Defense under the provisions of sec4 tion 1405(b)(8) of the National Defense Authorization 

5 Act for Fiscal Year 1991, Public Law 101–510, as 

6 amended (31 U.S.C. 1551 note): Provided, That in 

7 the case of an expired account, if subsequent review 

8 or investigation discloses that there was not in fact a 

9 negative unliquidated or unexpended balance in the 

10 account, any charge to a current account under the 

11 authority of this section shall be reversed and re12 corded against the expired account: Provided further, 

13 That the total amount charged to a current appro14 priation under this section may not exceed an 

15 amount equal to 1 percent of the total appropriation 

16 for that account. 

17 SEC. 8055. (a) Notwithstanding any other provision 

18 of law, the Chief of the National Guard Bureau may permit 

19 the use of equipment of the National Guard Distance Learn20 ing Project by any person or entity on a space-available, 

21 reimbursable basis. The Chief of the National Guard Bu22 reau shall establish the amount of reimbursement for such 

23 use on a case-by-case basis. 

24 (b) Amounts collected under subsection (a) shall be 

25 credited to funds available for the National Guard Distance 
143 

•HR 2638 EAH 

1 Learning Project and be available to defray the costs associ2 ated with the use of equipment of the project under that 

3 subsection. Such funds shall be available for such purposes 

4 without fiscal year limitation. 

5 SEC. 8056. Using funds available by this Act or any 

6 other Act, the Secretary of the Air Force, pursuant to a 

7 determination under section 2690 of title 10, United States 

8 Code, may implement cost-effective agreements for required 

9 heating facility modernization in the Kaiserslautern Mili10 tary Community in the Federal Republic of Germany: Pro11 vided, That in the City of Kaiserslautern such agreements 

12 will include the use of United States anthracite as the base 

13 load energy for municipal district heat to the United States 

14 Defense installations: Provided further, That at Landstuhl 

15 Army Regional Medical Center and Ramstein Air Base, 

16 furnished heat may be obtained from private, regional or 

17 municipal services, if provisions are included for the con18 sideration of United States coal as an energy source. 

19 SEC. 8057. None of the funds appropriated in title IV 

20 of this Act may be used to procure end-items for delivery 

21 to military forces for operational training, operational use 

22 or inventory requirements: Provided, That this restriction 

23 does not apply to end-items used in development, proto24 typing, and test activities preceding and leading to accept25 ance for operational use: Provided further, That this restric-
144 

•HR 2638 EAH 

1 tion does not apply to programs funded within the National 

2 Intelligence Program: Provided further, That the Secretary 

3 of Defense may waive this restriction on a case-by-case basis 

4 by certifying in writing to the Committees on Appropria5 tions of the House of Representatives and the Senate that 

6 it is in the national security interest to do so. 

7 SEC. 8058. Notwithstanding any other provision of 

8 law, funds available to the Department of Defense in this 

9 Act, and hereafter, shall be made available to provide trans10 portation of medical supplies and equipment, on a non11 reimbursable basis, to American Samoa, and funds avail12 able to the Department of Defense shall be made available 

13 to provide transportation of medical supplies and equip14 ment, on a nonreimbursable basis, to the Indian Health 

15 Service when it is in conjunction with a civil-military 

16 project. 

17 SEC. 8059. None of the funds made available in this 

18 Act may be used to approve or license the sale of the F– 

19 22A advanced tactical fighter to any foreign government. 

20 SEC. 8060. (a) The Secretary of Defense may, on a 

21 case-by-case basis, waive with respect to a foreign country 

22 each limitation on the procurement of defense items from 

23 foreign sources provided in law if the Secretary determines 

24 that the application of the limitation with respect to that 

25 country would invalidate cooperative programs entered into 
145 

•HR 2638 EAH 

1 between the Department of Defense and the foreign country, 

2 or would invalidate reciprocal trade agreements for the pro3 curement of defense items entered into under section 2531 

4 of title 10, United States Code, and the country does not 

5 discriminate against the same or similar defense items pro6 duced in the United States for that country. 

7 (b) Subsection (a) applies with respect to— 

8 (1) contracts and subcontracts entered into on or 

9 after the date of the enactment of this Act; and 

10 (2) options for the procurement of items that are 

11 exercised after such date under contracts that are en12 tered into before such date if the option prices are ad13 justed for any reason other than the application of a 

14 waiver granted under subsection (a). 

15 (c) Subsection (a) does not apply to a limitation re16 garding construction of public vessels, ball and roller bear17 ings, food, and clothing or textile materials as defined by 

18 section 11 (chapters 50–65) of the Harmonized Tariff 

19 Schedule and products classified under headings 4010, 

20 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 

21 7229, 7304.41 through 7304.49, 7306.40, 7502 through 

22 7508, 8105, 8108, 8109, 8211, 8215, and 9404. 

23 SEC. 8061. (a) None of the funds made available by 

24 this Act may be used to support any training program in25 volving a unit of the security forces of a foreign country 
146 

•HR 2638 EAH 

1 if the Secretary of Defense has received credible information 

2 from the Department of State that the unit has committed 

3 a gross violation of human rights, unless all necessary cor4 rective steps have been taken. 

5 (b) The Secretary of Defense, in consultation with the 

6 Secretary of State, shall ensure that prior to a decision to 

7 conduct any training program referred to in subsection (a), 

8 full consideration is given to all credible information avail9 able to the Department of State relating to human rights 

10 violations by foreign security forces. 

11 (c) The Secretary of Defense, after consultation with 

12 the Secretary of State, may waive the prohibition in sub13 section (a) if he determines that such waiver is required 

14 by extraordinary circumstances. 

15 (d) Not more than 15 days after the exercise of any 

16 waiver under subsection (c), the Secretary of Defense shall 

17 submit a report to the congressional defense committees de18 scribing the extraordinary circumstances, the purpose and 

19 duration of the training program, the United States forces 

20 and the foreign security forces involved in the training pro21 gram, and the information relating to human rights viola22 tions that necessitates the waiver. 

23 SEC. 8062. None of the funds appropriated or made 

24 available in this Act to the Department of the Navy shall 

25 be used to develop, lease or procure the T-AKE class of ships 
147 

•HR 2638 EAH 

1 unless the main propulsion diesel engines and propulsors 

2 are manufactured in the United States by a domestically 

3 operated entity: Provided, That the Secretary of Defense 

4 may waive this restriction on a case-by-case basis by certi5 fying in writing to the Committees on Appropriations of 

6 the House of Representatives and the Senate that adequate 

7 domestic supplies are not available to meet Department of 

8 Defense requirements on a timely basis and that such an 

9 acquisition must be made in order to acquire capability for 

10 national security purposes or there exists a significant cost 

11 or quality difference. 

12 SEC. 8063. None of the funds appropriated or other13 wise made available by this or other Department of Defense 

14 Appropriations Acts may be obligated or expended for the 

15 purpose of performing repairs or maintenance to military 

16 family housing units of the Department of Defense, includ17 ing areas in such military family housing units that may 

18 be used for the purpose of conducting official Department 

19 of Defense business. 

20 SEC. 8064. Notwithstanding any other provision of 

21 law, funds appropriated in this Act under the heading ‘‘Re22 search, Development, Test and Evaluation, Defense-Wide’’ 

23 for any new start advanced concept technology demonstra24 tion project or joint capability demonstration project may 

25 only be obligated 30 days after a report, including a de-
148 

•HR 2638 EAH 

1 scription of the project, the planned acquisition and transi2 tion strategy and its estimated annual and total cost, has 

3 been provided in writing to the congressional defense com4 mittees: Provided, That the Secretary of Defense may waive 

5 this restriction on a case-by-case basis by certifying to the 

6 congressional defense committees that it is in the national 

7 interest to do so. 

8 SEC. 8065. The Secretary of Defense shall provide a 

9 classified quarterly report beginning 30 days after enact10 ment of this Act, to the House and Senate Appropriations 

11 Committees, Subcommittees on Defense on certain matters 

12 as directed in the classified annex accompanying this Act. 

13 SEC. 8066. During the current fiscal year, none of the 

14 funds available to the Department of Defense may be used 

15 to provide support to another department or agency of the 

16 United States if such department or agency is more than 

17 90 days in arrears in making payment to the Department 

18 of Defense for goods or services previously provided to such 

19 department or agency on a reimbursable basis: Provided, 

20 That this restriction shall not apply if the department is 

21 authorized by law to provide support to such department 

22 or agency on a nonreimbursable basis, and is providing the 

23 requested support pursuant to such authority: Provided fur24 ther, That the Secretary of Defense may waive this restric25 tion on a case-by-case basis by certifying in writing to the 
149 

•HR 2638 EAH 

1 Committees on Appropriations of the House of Representa2 tives and the Senate that it is in the national security inter3 est to do so. 

4 SEC. 8067. Notwithstanding section 12310(b) of title 

5 10, United States Code, a Reserve who is a member of the 

6 National Guard serving on full-time National Guard duty 

7 under section 502(f) of title 32, United States Code, may 

8 perform duties in support of the ground-based elements of 

9 the National Ballistic Missile Defense System. 

10 SEC. 8068. None of the funds provided in this Act may 

11 be used to transfer to any nongovernmental entity ammuni12 tion held by the Department of Defense that has a center13 fire cartridge and a United States military nomenclature 

14 designation of ‘‘armor penetrator’’, ‘‘armor piercing (AP)’’, 

15 ‘‘armor piercing incendiary (API)’’, or ‘‘armor-piercing in16 cendiary-tracer (API–T)’’, except to an entity performing 

17 demilitarization services for the Department of Defense 

18 under a contract that requires the entity to demonstrate to 

19 the satisfaction of the Department of Defense that armor 

20 piercing projectiles are either: (1) rendered incapable of 

21 reuse by the demilitarization process; or (2) used to manu22 facture ammunition pursuant to a contract with the De23 partment of Defense or the manufacture of ammunition for 

24 export pursuant to a License for Permanent Export of Un-
150 

•HR 2638 EAH 

1 classified Military Articles issued by the Department of 

2 State. 

3 SEC. 8069. Notwithstanding any other provision of 

4 law, the Chief of the National Guard Bureau, or his des5 ignee, may waive payment of all or part of the consider6 ation that otherwise would be required under section 2667 

7 of title 10, United States Code, in the case of a lease of 

8 personal property for a period not in excess of 1 year to 

9 any organization specified in section 508(d) of title 32, 

10 United States Code, or any other youth, social, or fraternal 

11 nonprofit organization as may be approved by the Chief 

12 of the National Guard Bureau, or his designee, on a case13 by-case basis. 

14 SEC. 8070. None of the funds appropriated by this Act 

15 shall be used for the support of any nonappropriated funds 

16 activity of the Department of Defense that procures malt 

17 beverages and wine with nonappropriated funds for resale 

18 (including such alcoholic beverages sold by the drink) on 

19 a military installation located in the United States unless 

20 such malt beverages and wine are procured within that 

21 State, or in the case of the District of Columbia, within 

22 the District of Columbia, in which the military installation 

23 is located: Provided, That in a case in which the military 

24 installation is located in more than one State, purchases 

25 may be made in any State in which the installation is lo-
151 

•HR 2638 EAH 

1 cated: Provided further, That such local procurement re2 quirements for malt beverages and wine shall apply to all 

3 alcoholic beverages only for military installations in States 

4 which are not contiguous with another State: Provided fur5 ther, That alcoholic beverages other than wine and malt bev6 erages, in contiguous States and the District of Columbia 

7 shall be procured from the most competitive source, price 

8 and other factors considered. 

9 SEC. 8071. Funds available to the Department of De10 fense for the Global Positioning System during the current 

11 fiscal year may be used to fund civil requirements associ12 ated with the satellite and ground control segments of such 

13 system’s modernization program. 

14 (INCLUDING TRANSFER OF FUNDS)

15 SEC. 8072. Of the amounts appropriated in this Act 

16 under the heading ‘‘Operation and Maintenance, Army’’, 

17 $47,700,000 shall remain available until expended: Pro18 vided, That notwithstanding any other provision of law, the 

19 Secretary of Defense is authorized to transfer such funds 

20 to other activities of the Federal Government: Provided fur21 ther, That the Secretary of Defense is authorized to enter 

22 into and carry out contracts for the acquisition of real 

23 property, construction, personal services, and operations re24 lated to projects carrying out the purposes of this section: 

25 Provided further, That contracts entered into under the au26 thority of this section may provide for such indemnification 
152 

•HR 2638 EAH 

1 as the Secretary determines to be necessary: Provided fur2 ther, That projects authorized by this section shall comply 

3 with applicable Federal, State, and local law to the max4 imum extent consistent with the national security, as deter5 mined by the Secretary of Defense. 

6 SEC. 8073. Section 8106 of the Department of Defense 

7 Appropriations Act, 1997 (titles I through VIII of the mat8 ter under subsection 101(b) of Public Law 104–208; 110 

9 Stat. 3009–111; 10 U.S.C. 113 note) shall continue in effect 

10 to apply to disbursements that are made by the Department 

11 of Defense in fiscal year 2009. 

12 SEC. 8074. In addition to amounts provided elsewhere 

13 in this Act, $8,000,000 is hereby appropriated to the De14 partment of Defense, to remain available for obligation 

15 until expended: Provided, That notwithstanding any other 

16 provision of law, these funds shall be available only for a 

17 grant to the Fisher House Foundation, Inc., only for the 

18 construction and furnishing of additional Fisher Houses to 

19 meet the needs of military family members when confronted 

20 with the illness or hospitalization of an eligible military 

21 beneficiary. 

22 SEC. 8075. (a) During the current fiscal year and 

23 hereafter, the Secretary of Defense, in coordination with the 

24 Secretary of Health and Human Services, may carry out 

25 a program to distribute surplus dental and medical equip-
153 

•HR 2638 EAH 

1 ment of the Department of Defense, at no cost to the Depart2 ment of Defense, to Indian Health Service facilities and to 

3 federally-qualified health centers (within the meaning of 

4 section 1905(l)(2)(B) of the Social Security Act (42 U.S.C. 

5 1396d(l)(2)(B))). 

6 (b) In carrying out this provision, the Secretary of De7 fense shall give the Indian Health Service a property dis8 posal priority equal to the priority given to the Department 

9 of Defense and its twelve special screening programs in dis10 tribution of surplus dental and medical supplies and equip11 ment. 

12 (INCLUDING TRANSFER OF FUNDS)

13 SEC. 8076. Of the amounts appropriated in this Act 

14 under the heading ‘‘Research, Development, Test and Eval15 uation, Defense-Wide’’, $177,237,000 shall be for the Israeli 

16 Cooperative Programs: Provided, That of this amount, 

17 $72,895,000 shall be for the Short Range Ballistic Missile 

18 Defense (SRBMD) program, $30,000,000 shall be available 

19 for an upper-tier component to the Israeli Missile Defense 

20 Architecture, and $74,342,000 shall be for the Arrow Missile 

21 Defense Program, of which $13,076,000 shall be for pro22 ducing Arrow missile components in the United States and 

23 Arrow missile components in Israel to meet Israel’s defense 

24 requirements, consistent with each nation’s laws, regula25 tions and procedures: Provided further, That funds made 

26 available under this provision for production of missiles 
154 

•HR 2638 EAH 

1 and missile components may be transferred to appropria2 tions available for the procurement of weapons and equip3 ment, to be merged with and to be available for the same 

4 time period and the same purposes as the appropriation 

5 to which transferred: Provided further, That the transfer 

6 authority provided under this provision is in addition to 

7 any other transfer authority contained in this Act. 

8 (INCLUDING TRANSFER OF FUNDS)

9 SEC. 8077. Of the amounts appropriated in this Act 

10 under the heading ‘‘Shipbuilding and Conversion, Navy’’, 

11 $165,152,000 shall be available until September 30, 2009, 

12 to fund prior year shipbuilding cost increases: Provided, 

13 That upon enactment of this Act, the Secretary of the Navy 

14 shall transfer such funds to the following appropriations in 

15 the amounts specified: Provided further, That the amounts 

16 transferred shall be merged with and be available for the 

17 same purposes as the appropriations to which transferred: 

18 To: 

19 Under the heading ‘‘Shipbuilding and Conversion, 

20 Navy, 2001/2009’’: 

21 Carrier Replacement Program, $20,516,000; 

22 Under the heading ‘‘Shipbuilding and Conversion, 

23 Navy, 2002/2009’’: 

24 New SSN, $21,000,000; 

25 Under the heading ‘‘Shipbuilding and Conversion, 

26 Navy, 2003/2009’’: 
155 

•HR 2638 EAH 

1 LPD–17 Amphibious Transport Dock Program, 

2 $33,082,000; 

3 Under the heading ‘‘Shipbuilding and Conversion, 

4 Navy, 2004/2009’’: 

5 New SSN, $60,000,000; 

6 Under the heading ‘‘Shipbuilding and Conversion, 

7 Navy, 2007/2011’’: 

8 LHA Replacement Program, $14,310,000; and 

9 Under the heading ‘‘Shipbuilding and Conversion, 

10 Navy, 2008/2012’’: 

11 SSBN Submarine Refuelings, $16,244,000. 

12 SEC. 8078. None of the funds available to the Depart13 ment of Defense may be obligated to modify command and 

14 control relationships to give Fleet Forces Command admin15 istrative and operational control of U.S. Navy forces as16 signed to the Pacific fleet: Provided, That the command and 

17 control relationships which existed on October 1, 2004, shall 

18 remain in force unless changes are specifically authorized 

19 in a subsequent Act. 

20 SEC. 8079. Notwithstanding any other provision of 

21 law or regulation, the Secretary of Defense may exercise the 

22 provisions of section 7403(g) of title 38, United States Code, 

23 for occupations listed in section 7403(a)(2) of title 38, 

24 United States Code, as well as the following: 
156 

•HR 2638 EAH 

1 Pharmacists, Audiologists, Psychologists, Social 

2 Workers, Othotists/Prosthetists, Occupational Thera3 pists, Physical Therapists, Rehabilitation Therapists, 

4 Respiratory Therapists, Speech Pathologists, Dieti5 tian/Nutritionists, Industrial Hygienists, Psychology 

6 Technicians, Social Service Assistants, Practical 

7 Nurses, Nursing Assistants, and Dental Hygienists: 

8 (A) The requirements of section 

9 7403(g)(1)(A) of title 38, United States Code, 

10 shall apply. 

11 (B) The limitations of section 7403(g)(1)(B) 

12 of title 38, United States Code, shall not apply. 

13 SEC. 8080. Funds appropriated by this Act, or made 

14 available by the transfer of funds in this Act, for intelligence 

15 activities are deemed to be specifically authorized by the 

16 Congress for purposes of section 504 of the National Secu17 rity Act of 1947 (50 U.S.C. 414) during fiscal year 2009 

18 until the enactment of the Intelligence Authorization Act 

19 for Fiscal Year 2009. 

20 SEC. 8081. None of the funds provided in this Act shall 

21 be available for obligation or expenditure through a re22 programming of funds that creates or initiates a new pro23 gram, project, or activity unless such program, project, or 

24 activity must be undertaken immediately in the interest of 
157 

•HR 2638 EAH 

1 national security and only after written prior notification 

2 to the congressional defense committees. 

3 SEC. 8082. (a) In addition to the amounts provided 

4 elsewhere in this Act, $3,000,000 is hereby appropriated to 

5 the Department of Defense for ‘‘Operation and Mainte6 nance, Army National Guard’’. Such amount shall be made 

7 available to the Secretary of the Army only to make a grant 

8 in the amount of $3,000,000 to the entity specified in sub9 section (b) to facilitate access by veterans to opportunities 

10 for skilled employment in the construction industry. 

11 (b) The entity referred to in subsection (a) is the Cen12 ter for Military Recruitment, Assessment and Veterans Em13 ployment, a nonprofit labor-management cooperation com14 mittee provided for by section 302(c)(9) of the Labor-Man15 agement Relations Act, 1947 (29 U.S.C. 186(c)(9)), for the 

16 purposes set forth in section 6(b) of the Labor Management 

17 Cooperation Act of 1978 (29 U.S.C. 175a note). 

18 SEC. 8083. In addition to funds made available else19 where in this Act, $5,500,000 is hereby appropriated and 

20 shall remain available until expended to provide assistance, 

21 by grant or otherwise (such as, but not limited to, the provi22 sion of funds for repairs, maintenance, construction, and/ 

23 or for the purchase of information technology, text books, 

24 teaching resources), to public schools that have unusually 

25 high concentrations of special needs military dependents en-
158 

•HR 2638 EAH 

1 rolled: Provided, That in selecting school systems to receive 

2 such assistance, special consideration shall be given to 

3 school systems in States that are considered overseas assign4 ments, and all schools within these school systems shall be 

5 eligible for assistance: Provided further, That up to 2 per6 cent of the total appropriated funds under this section shall 

7 be available to support the administration and execution 

8 of the funds or program and/or events that promote the pur9 pose of this appropriation (e.g. payment of travel and per 

10 diem of school teachers attending conferences or a meeting 

11 that promotes the purpose of this appropriation and/or con12 sultant fees for on-site training of teachers, staff, or Joint 

13 Venture Education Forum (JVEF) Committee members): 

14 Provided further, That up to $300,000 shall be available 

15 to examine human capital, family and quality of life issues 

16 relating to military presence in Hawaii: Provided further, 

17 That up to $2,000,000 shall be available for the Department 

18 of Defense to establish a nonprofit trust fund to assist in 

19 the public-private funding of public school repair and 

20 maintenance projects, or provide directly to nonprofit orga21 nizations who in return will use these monies to provide 

22 assistance in the form of repair, maintenance, or renovation 

23 to public school systems that have high concentrations of 

24 special needs military dependents and are located in States 

25 that are considered overseas assignments: Provided further, 
159 

•HR 2638 EAH 

1 That to the extent a Federal agency provides this assistance, 

2 by contract, grant, or otherwise, it may accept and expend 

3 non-Federal funds in combination with these Federal funds 

4 to provide assistance for the authorized purpose, if the non5 Federal entity requests such assistance and the non-Federal 

6 funds are provided on a reimbursable basis. 

7 SEC. 8084. In addition to the amounts appropriated 

8 or otherwise made available elsewhere in this Act, 

9 $112,400,000 is hereby appropriated to the Department of 

10 Defense: Provided, That the Secretary of Defense shall make 

11 grants in the amounts specified as follows: $20,000,000 to 

12 the United Service Organizations; $30,000,000 to the Red 

13 Cross; $15,000,000 for the Waterbury Industrial Commons 

14 Redevelopment Project; $4,750,000 for the SOAR Virtual 

15 School District; $1,750,000 to The Presidio Trust; 

16 $5,000,000 to the STEM Education Research Center; 

17 $10,000,000 to the Intrepid Museum Foundation; 

18 $4,000,000 to the Go For Broke National Education Center; 

19 $9,900,000 to the U.S.S. Missouri Memorial Association; 

20 $4,000,000 to the Nimitz Center; $3,000,000 to Special 

21 Olympics International; and $5,000,000 to the Paralympics 

22 Military Program. 

23 SEC. 8085. The Department of Defense and the Depart24 ment of the Army shall make future budgetary and pro25 gramming plans to fully finance the Non-Line of Sight Fu-
160 

•HR 2638 EAH 

1 ture Force cannon (NLOS–C) and a compatible large cal2 iber ammunition resupply capability for this system sup3 ported by the Future Combat Systems (FCS) Brigade Com4 bat Team (BCT) in order to field this system in fiscal year 

5 2010: Provided, That the Army shall develop the NLOS– 

6 C independent of the broader FCS development timeline to 

7 achieve fielding by fiscal year 2010. In addition, the Army 

8 will deliver five pre-production NLOS–C systems by the end 

9 of calendar year 2008 and three pre-production NLOS–C 

10 systems by the end of calendar year 2009. These systems 

11 shall be in addition to those systems necessary for develop12 mental and operational testing. 

13 SEC. 8086. The budget of the President for fiscal year 

14 2010 submitted to the Congress pursuant to section 1105 

15 of title 31, United States Code, shall include separate budget 

16 justification documents for costs of United States Armed 

17 Forces’ participation in contingency operations for the 

18 Military Personnel accounts, the Operation and Mainte19 nance accounts, and the Procurement accounts: Provided, 

20 That these documents shall include a description of the 

21 funding requested for each contingency operation, for each 

22 military service, to include all Active and Reserve compo23 nents, and for each appropriations account: Provided fur24 ther, That these documents shall include estimated costs for 

25 each element of expense or object class, a reconciliation of 
161 

•HR 2638 EAH 

1 increases and decreases for each contingency operation, and 

2 programmatic data including, but not limited to, troop 

3 strength for each Active and Reserve component, and esti4 mates of the major weapons systems deployed in support 

5 of each contingency: Provided further, That these documents 

6 shall include budget exhibits OP–5 and OP–32 (as defined 

7 in the Department of Defense Financial Management Regu8 lation) for all contingency operations for the budget year 

9 and the two preceding fiscal years. 

10 SEC. 8087. None of the funds in this Act may be used 

11 for research, development, test, evaluation, procurement or 

12 deployment of nuclear armed interceptors of a missile de13 fense system. 

14 SEC. 8088. Up to $2,500,000 of the funds appropriated 

15 under the heading ‘‘Operation and Maintenance, Navy’’ in 

16 this Act for the Pacific Missile Range Facility may be made 

17 available to contract for the repair, maintenance, and oper18 ation of adjacent off-base water, drainage, and flood control 

19 systems, electrical upgrade to support additional missions 

20 critical to base operations, and support for a range foot21 print expansion to further guard against encroachment. 

22 SEC. 8089. None of the funds appropriated or made 

23 available in this Act shall be used to reduce or disestablish 

24 the operation of the 53rd Weather Reconnaissance Squad25 ron of the Air Force Reserve, if such action would reduce 
162 

•HR 2638 EAH 

1 the WC–130 Weather Reconnaissance mission below the lev2 els funded in this Act: Provided, That the Air Force shall 

3 allow the 53rd Weather Reconnaissance Squadron to per4 form other missions in support of national defense require5 ments during the non-hurricane season. 

6 SEC. 8090. None of the funds provided in this Act shall 

7 be available for integration of foreign intelligence informa8 tion unless the information has been lawfully collected and 

9 processed during the conduct of authorized foreign intel10 ligence activities: Provided, That information pertaining to 

11 United States persons shall only be handled in accordance 

12 with protections provided in the Fourth Amendment of the 

13 United States Constitution as implemented through Execu14 tive Order No. 12333. 

15 SEC. 8091. (a) At the time members of reserve compo16 nents of the Armed Forces are called or ordered to active 

17 duty under section 12302(a) of title 10, United States Code, 

18 each member shall be notified in writing of the expected 

19 period during which the member will be mobilized. 

20 (b) The Secretary of Defense may waive the require21 ments of subsection (a) in any case in which the Secretary 

22 determines that it is necessary to do so to respond to a na23 tional security emergency or to meet dire operational re24 quirements of the Armed Forces. 
163 

•HR 2638 EAH 

1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 8092. The Secretary of Defense may transfer 

3 funds from any available Department of the Navy appro4 priation to any available Navy ship construction appro5 priation for the purpose of liquidating necessary changes 

6 resulting from inflation, market fluctuations, or rate adjust7 ments for any ship construction program appropriated in 

8 law: Provided, That the Secretary may transfer not to ex9 ceed $100,000,000 under the authority provided by this sec10 tion: Provided further, That the Secretary may not transfer 

11 any funds until 30 days after the proposed transfer has been 

12 reported to the Committees on Appropriations of the House 

13 of Representatives and the Senate, unless a response from 

14 the Committees is received sooner: Provided further, That 

15 the transfer authority provided by this section is in addi16 tion to any other transfer authority contained elsewhere in 

17 this Act. 

18 SEC. 8093. For purposes of section 612 of title 41, 

19 United States Code, any subdivision of appropriations 

20 made under the heading ‘‘Shipbuilding and Conversion, 

21 Navy’’ that is not closed at the time reimbursement is made 

22 shall be available to reimburse the Judgment Fund and 

23 shall be considered for the same purposes as any subdivision 

24 under the heading ‘‘Shipbuilding and Conversion, Navy’’ 
164 

•HR 2638 EAH 

1 appropriations in the current fiscal year or any prior fiscal 

2 year. 

3 SEC. 8094. (a) None of the funds appropriated by this 

4 Act may be used to transfer research and development, ac5 quisition, or other program authority relating to current 

6 tactical unmanned aerial vehicles (TUAVs) from the Army. 

7 (b) The Army shall retain responsibility for and oper8 ational control of the MQ–1C Sky Warrior Unmanned Aer9 ial Vehicle (UAV) in order to support the Secretary of De10 fense in matters relating to the employment of unmanned 

11 aerial vehicles. 

12 (c) None of the funds appropriated by this Act may 

13 be used to institute an inter-Service common contract for 

14 acquisition of MQ–1 or MQ–1C UAVs until 30 days after 

15 the Secretary of Defense certifies to the congressional defense 

16 committees that a common contract would achieve cost sav17 ings, be interoperable with, and not create undue 

18 sustainment costs compared to the current fleet. 

19 SEC. 8095. None of the funds appropriated by this Act, 

20 and hereafter, available for the Civilian Health and Med21 ical Program of the Uniformed Services (CHAMPUS) or 

22 TRICARE shall be available for the reimbursement of any 

23 health care provider for inpatient mental health service for 

24 care received when a patient is referred to a provider of 

25 inpatient mental health care or residential treatment care 
165 

•HR 2638 EAH 

1 by a medical or health care professional having an economic 

2 interest in the facility to which the patient is referred: Pro3 vided, That this limitation does not apply in the case of 

4 inpatient mental health services provided under the pro5 gram for persons with disabilities under subsection (d) of 

6 section 1079 of title 10, United States Code, provided as 

7 partial hospital care, or provided pursuant to a waiver au8 thorized by the Secretary of Defense because of medical or 

9 psychological circumstances of the patient that are con10 firmed by a health professional who is not a Federal em11 ployee after a review, pursuant to rules prescribed by the 

12 Secretary, which takes into account the appropriate level 

13 of care for the patient, the intensity of services required by 

14 the patient, and the availability of that care. 

15 SEC. 8096. Of the funds provided in this Act, 

16 $10,000,000 shall be available for the operations and devel17 opment of training and technology for the Joint Inter18 agency Training and Education Center and the affiliated 

19 Center for National Response at the Memorial Tunnel and 

20 for providing homeland defense/security and traditional 

21 warfighting training to the Department of Defense, other 

22 Federal agencies, and State and local first responder per23 sonnel at the Joint Interagency Training and Education 

24 Center. 
166 

•HR 2638 EAH 

1 SEC. 8097. Notwithstanding any other provision of 

2 law or regulation, the Secretary of Defense may adjust wage 

3 rates for civilian employees hired for certain health care 

4 occupations as authorized for the Secretary of Veterans Af5 fairs by section 7455 of title 38, United States Code. 

6 SEC. 8098. The authority to conduct a continuing co7 operative program in the proviso in title II of Public Law 

8 102–368 under the heading ‘‘Research, Development, Test 

9 and Evaluation, Defense Agencies’’ (106 Stat. 1121) shall 

10 be extended through September 30, 2009 and hereafter, in 

11 cooperation with NELHA. 

12 SEC. 8099. Up to $15,000,000 of the funds appro13 priated under the heading, ‘‘Operation and Maintenance, 

14 Navy’’ may be made available for the Asia Pacific Regional 

15 Initiative Program for the purpose of enabling the Pacific 

16 Command to execute Theater Security Cooperation activi17 ties such as humanitarian assistance, and payment of in18 cremental and personnel costs of training and exercising 

19 with foreign security forces: Provided, That funds made 

20 available for this purpose may be used, notwithstanding 

21 any other funding authorities for humanitarian assistance, 

22 security assistance or combined exercise expenses: Provided 

23 further, That funds may not be obligated to provide assist24 ance to any foreign country that is otherwise prohibited 
167 

•HR 2638 EAH 

1 from receiving such type of assistance under any other pro2 vision of law. 

3 SEC. 8100. None of the funds appropriated by this Act 

4 for programs of the Office of the Director of National Intel5 ligence shall remain available for obligation beyond the cur6 rent fiscal year, except for funds appropriated for research 

7 and technology, which shall remain available until Sep8 tember 30, 2010. 

9 SEC. 8101. Notwithstanding any other provision of 

10 this Act, to reflect savings from revised economic assump11 tions, the total amount appropriated in title II of this Act 

12 is hereby reduced by $313,780,000, the total amount appro13 priated in title III of this Act is hereby reduced by 

14 $298,000,000, and the total amount appropriated in title 

15 IV of this Act is hereby reduced by $218,000,000: Provided, 

16 That the Secretary of Defense shall allocate this reduction 

17 proportionally to each budget activity, activity group, sub18 activity group, and each program, project, and activity, 

19 within each appropriation account. 

20 SEC. 8102. For purposes of section 1553(b) of title 31, 

21 United States Code, any subdivision of appropriations 

22 made in this Act under the heading ‘‘Shipbuilding and 

23 Conversion, Navy’’ shall be considered to be for the same 

24 purpose as any subdivision under the heading ‘‘Ship25 building and Conversion, Navy’’ appropriations in any 
168 

•HR 2638 EAH 

1 prior fiscal year, and the 1 percent limitation shall apply 

2 to the total amount of the appropriation. 

3 SEC. 8103. Notwithstanding any other provision of 

4 law, that not more than 35 percent of funds provided in 

5 this Act for environmental remediation may be obligated 

6 under indefinite delivery/indefinite quantity contracts with 

7 a total contract value of $130,000,000 or higher. 

8 SEC. 8104. The Secretary of Defense shall create a 

9 major force program category for space for the Future Years 

10 Defense Program of the Department of Defense. The Sec11 retary of Defense shall designate an official in the Office 

12 of the Secretary of Defense to provide overall supervision 

13 of the preparation and justification of program rec14 ommendations and budget proposals to be included in such 

15 major force program category. 

16 SEC. 8105. During the current fiscal year and here17 after, none of the funds appropriated or otherwise available 

18 to the Department of Defense may be obligated or expended 

19 to provide award fees to any defense contractor contrary 

20 to the provisions of section 814 of the National Defense Au21 thorization Act, Fiscal Year 2007 (Public Law 109–364). 

22 SEC. 8106. None of the funds appropriated or other23 wise made available by this or any other Act shall be obli24 gated or expended by the United States Government for a 

25 purpose as follows: 
169 

•HR 2638 EAH 

1 (1) To establish any military installation or base 

2 for the purpose of providing for the permanent sta3 tioning of United States Armed Forces in Iraq. 

4 (2) To exercise United States control over any 

5 oil resource of Iraq. 

6 SEC. 8107. Beginning with the fiscal year 2010 budget 

7 request, the Director of National Intelligence shall include 

8 the budget exhibits identified in paragraphs (1) and (2) as 

9 described in the Department of Defense Financial Manage10 ment Regulation with the congressional budget justification 

11 books. 

12 (1) For procurement programs requesting more 

13 than $20,000,000 in any fiscal year, the P–1, Pro14 curement Program; P–5, Cost Analysis; P–5a, Pro15 curement History and Planning; P–21, Production 

16 Schedule; and P–40 Budget Item Justification. 

17 (2) For research, development, test and evalua18 tion projects requesting more than $10,000,000 in 

19 any fiscal year, the R–1, RDT&E Program; R–2, 

20 RDT&E Budget Item Justification; R–3, RDT&E 

21 Project Cost Analysis; and R–4, RDT&E Program 

22 Schedule Profile. 

23 SEC. 8108. None of the funds made available in this 

24 Act may be used in contravention of the following laws en25 acted or regulations promulgated to implement the United 
170 

•HR 2638 EAH 

1 Nations Convention Against Torture and Other Cruel, In2 human or Degrading Treatment or Punishment (done at 

3 New York on December 10, 1984): 

4 (1) Section 2340A of title 18, United States 

5 Code. 

6 (2) Section 2242 of the Foreign Affairs Reform 

7 and Restructuring Act of 1998 (division G of Public 

8 Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 

9 note) and regulations prescribed thereto, including 

10 regulations under part 208 of title 8, Code of Federal 

11 Regulations, and part 95 of title 22, Code of Federal 

12 Regulations. 

13 (3) Sections 1002 and 1003 of the Department of 

14 Defense, Emergency Supplemental Appropriations to 

15 Address Hurricanes in the Gulf of Mexico, and Pan16 demic Influenza Act, 2006 (Public Law 109–148). 

17 SEC. 8109. Notwithstanding any other provision of 

18 law, none of the funds made available in this Act may be 

19 used to pay negotiated indirect cost rates on a contract, 

20 grant, or cooperative agreement (or similar arrangement) 

21 entered into by the Department of Defense and an entity 

22 in excess of 35 percent of the total cost of the contract, grant, 

23 or agreement (or similar arrangement): Provided, That this 

24 limitation shall apply only to contracts, grants, or coopera25 tive agreements entered into after the date of the enactment 
171 

•HR 2638 EAH 

1 of this Act using funds made available in this Act for basic 

2 research. 

3 SEC. 8110. The Secretary of Defense shall maintain 

4 on the homepage of the Internet website of the Department 

5 of Defense a direct link to the Internet website of the Office 

6 of Inspector General of the Department of Defense. 

7 SEC. 8111. (a) Not later than 60 days after enactment 

8 of this Act, the Office of the Director of National Intelligence 

9 shall submit a report to the congressional intelligence com10 mittees to establish the baseline for application of re11 programming and transfer authorities for fiscal year 2009: 

12 Provided, That the report shall include— 

13 (1) a table for each appropriation with a sepa14 rate column to display the President’s budget request, 

15 adjustments made by Congress, adjustments due to 

16 enacted rescissions, if appropriate, and the fiscal year 

17 enacted level; 

18 (2) a delineation in the table for each appropria19 tion by Expenditure Center and project; and 

20 (3) an identification of items of special congres21 sional interest. 

22 (b) None of the funds provided for the National Intel23 ligence Program in this Act shall be available for re24 programming or transfer until the report identified in sub25 section (a) is submitted to the congressional intelligence 
172 

•HR 2638 EAH 

1 committees, unless the Director of National Intelligence cer2 tifies in writing to the congressional intelligence committees 

3 that such reprogramming or transfer is necessary as an 

4 emergency requirement. 

5 SEC. 8112. The Director of National Intelligence shall 

6 submit to Congress each year, at or about the time that 

7 the President’s budget is submitted to Congress that year 

8 under section 1105(a) of title 31, United States Code, a fu9 ture-years intelligence program (including associated an10 nexes) reflecting the estimated expenditures and proposed 

11 appropriations included in that budget. Any such future12 years intelligence program shall cover the fiscal year with 

13 respect to which the budget is submitted and at least the 

14 four succeeding fiscal years. 

15 SEC. 8113. For the purposes of this Act, the term ‘‘con16 gressional intelligence committees’’ means the Permanent 

17 Select Committee on Intelligence of the House of Represent18 atives, the Select Committee on Intelligence of the Senate, 

19 the Subcommittee on Defense of the Committee on Appro20 priations of the House of Representatives, and the Sub21 committee on Defense of the Committee on Appropriations 

22 of the Senate. 

23 SEC. 8114. The Department of Defense shall continue 

24 to report incremental contingency operations costs for Oper25 ation Iraqi Freedom and Operation Enduring Freedom on 
173 

•HR 2638 EAH 

1 a monthly basis in the Cost of War Execution Report as 

2 prescribed in the Department of Defense Financial Manage3 ment Regulation Department of Defense Instruction 

4 7000.14, Volume 12, Chapter 23 ‘‘Contingency Operations’’, 

5 Annex 1, dated September 2005. 

6 SEC. 8115. HORSHAM JOINT INTERAGENCY INSTALLA7 TION.— 

8 (a) ESTABLISHMENT OF INSTALLATION.—The 

9 Horsham Joint Interagency Installation located in 

10 Horsham Township, Montgomery County, Pennsylvania is 

11 hereby established. Pursuant to Section 3703 of the U.S. 

12 Troop Readiness, Veterans’ Care, Katrina Recovery, and 

13 Iraq Accountability Appropriations Act (121 Stat. 145), at 

14 a time determined by the Secretary of the Navy, or upon 

15 completion of the associated Defense Base Closure and Re16 alignment Commission recommendations, the Secretary of 

17 the Navy shall, notwithstanding any other provision of law, 

18 transfer to the Secretary of the Air Force, at no cost, all 

19 designated lands, easements, Air Installation Compatible 

20 Use Zones, and facilities at NASJRB Willow Grove. The 

21 airfield at the Horsham Joint Interagency Installation 

22 shall be known as ‘‘Pitcairn-Willow Grove Field’’. 

23 (b) TRANSFER TO COMMONWEALTH OF PENNSYL24 VANIA.—Notwithstanding any other provision of law, the 

25 Secretary of the Air Force shall convey all of the Navy prop-
174 

•HR 2638 EAH 

1 erty transferred to the Air Force, as well as excess Air Force 

2 property at the Willow Grove Air Reserve Station, to the 

3 Commonwealth of Pennsylvania, at no cost, for operation 

4 of the Horsham Joint Interagency Installation so long as 

5 it is used continuously as the Horsham Joint Interagency 

6 Installation. In the event the property is no longer used for 

7 the Horsham Joint Interagency Installation, it shall revert 

8 to the Department of Defense. Installation property con9 veyed to the Commonwealth of Pennsylvania may not be 

10 reconveyed, but may be leased, subleased, or licensed by the 

11 Commonwealth, for any agreed upon term, for use by the 

12 United States, its agencies or instrumentalities, at terms 

13 agreeable to the United States, or to State or local govern14 ment agencies, or other associated users. 

15 (INCLUDING TRANSFER OF FUNDS)

16 SEC. 8116. (a) STOP-LOSS SPECIAL PAY.—In addition 

17 to the amounts appropriated or otherwise made available 

18 elsewhere in this Act, $72,000,000 is hereby appropriated 

19 to the Secretary of Defense to carry out this section. Such 

20 amount shall be made available to the Secretaries of the 

21 military departments only to provide special pay during 

22 fiscal year 2009 to members of the Army, Navy, Air Force, 

23 and Marine Corps, including members of their reserve com24 ponents who at any time during fiscal year 2009, serve on 

25 active duty while the members’ enlistment or period of obli26 gated service is extended, or whose eligibility for retirement 
175 

•HR 2638 EAH 

1 is suspended, pursuant to section 123 or 12305 of title 10, 

2 United States Code, or any other provision of law (com3 monly referred to as a ‘‘stop-loss authority’’) authorizing 

4 the President to extend an enlistment or period of obligated 

5 service, or suspend an eligibility for retirement, of a mem6 ber of the uniformed services in time of war or of national 

7 emergency declared by Congress or the President. 

8 (b) SPECIAL PAY AMOUNT.—The amount of the special 

9 pay paid under subsection (a) to or on behalf of an eligible 

10 member may not exceed $500 per month for each month 

11 or portion of a month during fiscal year 2009 that the 

12 member is retained on active duty as a result of application 

13 of the stop-loss authority. 

14 (c) IMPLEMENTATION PLAN.—Before obligating or ex15 pending any of the funds made available under subsection 

16 (a), the Secretary of Defense shall submit to the Committees 

17 on Appropriations of the House of Representatives and the 

18 Senate a report containing a plan for the provision of the 

19 special pay authorized by this section. 

20 SEC. 8117. Section 3287 of title 18, United States 

21 Code, is amended— 

22 (1) by inserting ‘‘or Congress has enacted a spe23 cific authorization for the use of the Armed Forces, as 

24 described in section 5(b) of the War Powers Resolu25 tion (50 U.S.C. 1544(b)),’’ after ‘‘is at war’’; 
176 

•HR 2638 EAH 

1 (2) by inserting ‘‘or directly connected with or 

2 related to the authorized use of the Armed Forces’’ 

3 after ‘‘prosecution of the war’’; 

4 (3) by striking ‘‘three years’’ and inserting ‘‘5 

5 years’’; 

6 (4) by striking ‘‘proclaimed by the President’’ 

7 and inserting ‘‘proclaimed by a Presidential procla8 mation, with notice to Congress,’’; and 

9 (5) by adding at the end the following: ‘‘For pur10 poses of applying such definitions in this section, the 

11 term ‘war’ includes a specific authorization for the 

12 use of the Armed Forces, as described in section 5(b) 

13 of the War Powers Resolution (50 U.S.C. 1544(b)).’’. 

14 SEC. 8118. INCENTIVES FOR ADDITIONAL

15 DOWNBLENDING OF HIGHLY ENRICHED URANIUM BY THE

16 RUSSIAN FEDERATION. The USEC Privatization Act (42 

17 U.S.C. 2297h et seq.) is amended— 

18 (1) in section 3102, by striking ‘‘For purposes’’ 

19 and inserting ‘‘Except as provided in section 3112A, 

20 for purposes’’; and 

21 (2) by inserting after section 3112 the following: 

22 ‘‘SEC. 3112A. INCENTIVES FOR ADDITIONAL 

23 DOWNBLENDING OF HIGHLY ENRICHED URA24 NIUM BY THE RUSSIAN FEDERATION. 

25 ‘‘(a) DEFINITIONS.—In this section: 
177 

•HR 2638 EAH 

1 ‘‘(1) COMPLETION OF THE RUSSIAN HEU AGREE2 MENT.—The term ‘completion of the Russian HEU 

3 Agreement’ means the importation into the United 

4 States from the Russian Federation pursuant to the 

5 Russian HEU Agreement of uranium derived from 

6 the downblending of not less than 500 metric tons of 

7 highly enriched uranium of weapons origin. 

8 ‘‘(2) DOWNBLENDING.—The term ‘downblending’ 

9 means processing highly enriched uranium into a 

10 uranium product in any form in which the uranium 

11 contains less than 20 percent uranium-235. 

12 ‘‘(3) HIGHLY ENRICHED URANIUM.—The term 

13 ‘highly enriched uranium’ has the meaning given that 

14 term in section 3102(4). 

15 ‘‘(4) HIGHLY ENRICHED URANIUM OF WEAPONS

16 ORIGIN.—The term ‘highly enriched uranium of 

17 weapons origin’ means highly enriched uranium 

18 that— 

19 ‘‘(A) contains 90 percent or more uranium20 235; and 

21 ‘‘(B) is verified by the Secretary of Energy 

22 to be of weapons origin. 

23 ‘‘(5) LOW-ENRICHED URANIUM.—The term ‘low24 enriched uranium’ means a uranium product in any 

25 form, including uranium hexafluoride (UF6) and 
178 

•HR 2638 EAH 

1 uranium oxide (UO2), in which the uranium contains 

2 less than 20 percent uranium-235, including natural 

3 uranium, without regard to whether the uranium is 

4 incorporated into fuel rods or complete fuel assem5 blies. 

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

7 ‘Russian HEU Agreement’ has the meaning given 

8 that term in section 3102(11). 

9 ‘‘(7) URANIUM-235.—The term ‘uranium-235’ 

means the isotope 10 235U. 

11 ‘‘(b) STATEMENT OF POLICY.—It is the policy of the 

12 United States to support the continued downblending of 

13 highly enriched uranium of weapons origin in the Russian 

14 Federation in order to protect the essential security interests 

15 of the United States with respect to the nonproliferation 

16 of nuclear weapons. 

17 ‘‘(c) PROMOTION OF DOWNBLENDING OF RUSSIAN

18 HIGHLY ENRICHED URANIUM.— 

19 ‘‘(1) COMPLETION OF THE RUSSIAN HEU AGREE20 MENT.—Prior to the completion of the Russian HEU 

21 Agreement, the importation into the United States of 

22 low-enriched uranium, including low-enriched ura23 nium obtained under contracts for separative work 

24 units, that is produced in the Russian Federation and 
179 

•HR 2638 EAH 

1 is not imported pursuant to the Russian HEU Agree2 ment, may not exceed the following amounts: 

3 ‘‘(A) In the 4-year period beginning with 

4 calendar year 2008, 16,559 kilograms. 

5 ‘‘(B) In calendar year 2012, 24,839 kilo6 grams. 

7 ‘‘(C) In calendar year 2013 and each cal8 endar year thereafter through the calendar year 

9 of the completion of the Russian HEU Agree10 ment, 41,398 kilograms. 

11 ‘‘(2) INCENTIVES TO CONTINUE DOWNBLENDING

12 RUSSIAN HIGHLY ENRICHED URANIUM AFTER THE

13 COMPLETION OF THE RUSSIAN HEU AGREEMENT.— 

14 ‘‘(A) IN GENERAL.—After the completion of 

15 the Russian HEU Agreement, the importation 

16 into the United States of low-enriched uranium, 

17 including low-enriched uranium obtained under 

18 contracts for separative work units, that is pro19 duced in the Russian Federation, whether or not 

20 such low-enriched uranium is derived from high21 ly enriched uranium of weapons origin, may not 

22 exceed— 

23 ‘‘(i) in calendar year 2014, 485,279 

24 kilograms; 
180 

•HR 2638 EAH 

1 ‘‘(ii) in calendar year 2015, 455,142 

2 kilograms; 

3 ‘‘(iii) in calendar year 2016, 480,146 

4 kilograms; 

5 ‘‘(iv) in calendar year 2017, 490,710 

6 kilograms; 

7 ‘‘(v) in calendar year 2018, 492,731 

8 kilograms; 

9 ‘‘(vi) in calendar year 2019, 509,058 

10 kilograms; and 

11 ‘‘(vii) in calendar year 2020, 514,754 

12 kilograms. 

13 ‘‘(B) ADDITIONAL IMPORTS IN EXCHANGE

14 FOR A COMMITMENT TO DOWNBLEND AN ADDI15 TIONAL 300 METRIC TONS OF HIGHLY ENRICHED

16 URANIUM.— 

17 ‘‘(i) IN GENERAL.—In addition to the 

18 amount authorized to be imported under 

19 subparagraph (A) and except as provided in 

20 clause (ii), if the Russian Federation enters 

21 into a bilateral agreement with the United 

22 States under which the Russian Federation 

23 agrees to downblend an additional 300 met24 ric tons of highly enriched uranium after 

25 the completion of the Russian HEU Agree-
181 

•HR 2638 EAH 

1 ment, 4 kilograms of low-enriched uranium, 

2 whether or not such low-enriched uranium 

3 is derived from highly enriched uranium of 

4 weapons origin and including low-enriched 

5 uranium obtained under contracts for sepa6 rative work units, may be imported in a 

7 calendar year for every 1 kilogram of Rus8 sian highly enriched uranium of weapons 

9 origin that was downblended in the pre10 ceding calendar year, subject to the 

11 verification of the Secretary of Energy 

12 under paragraph (10). 

13 ‘‘(ii) MAXIMUM ANNUAL IMPORTS.— 

14 Not more than 120,000 kilograms of low-en15 riched uranium may be imported in a cal16 endar year under clause (i). 

17 ‘‘(3) EXCEPTIONS.—The import limitations de18 scribed in paragraphs (1) and (2) shall not apply to 

19 low-enriched uranium produced in the Russian Fed20 eration that is imported into the United States— 

21 ‘‘(A) for use in the initial core of a new nu22 clear reactor; 

23 ‘‘(B) for processing and to be certified for 

24 reexportation and not for consumption in the 

25 United States; or 
182 

•HR 2638 EAH 

1 ‘‘(C) to be added to the inventory of the De2 partment of Energy. 

3 ‘‘(4) LIMITED WAIVER AUTHORITY.— 

4 ‘‘(A) IN GENERAL.—Notwithstanding para5 graph (1)(C), if the completion of the Russian 

6 HEU Agreement does not occur before December 

7 31, 2013, the import limitations under para8 graph (1)(C) shall be waived, and low-enriched 

9 uranium may be imported into the United 

10 States in the quantities specified in paragraph 

11 (2) in a calendar year after 2013, if— 

12 ‘‘(i) the Secretary of Energy and the 

13 Secretary of State jointly determine that— 

14 ‘‘(I) the failure of the completion 

15 of the Russian HEU Agreement arises 

16 from causes beyond the control and 

17 without the fault or negligence of the 

18 Government of the Russian Federation; 

19 and 

20 ‘‘(II) the Government of the Rus21 sian Federation has made reasonable 

22 efforts to avoid and mitigate the effects 

23 of the failure of the completion of the 

24 Russian HEU Agreement; and 
183 

•HR 2638 EAH 

1 ‘‘(ii) the Secretary of Energy and the 

2 Secretary of State jointly notify Congress 

3 of, and publish in the Federal Register, the 

4 determination under clause (i) and the rea5 sons for the determination. 

6 ‘‘(B) NOTICE AND WAIT.—A waiver under 

7 subparagraph (A) may not take effect until the 

8 date that is 180 days after the date on which 

9 Secretary of Energy and the Secretary of State 

10 notify Congress under subparagraph (A)(ii). 

11 ‘‘(C) TERMINATION.—A waiver under sub12 paragraph (A) shall terminate on December 31 

13 of the calendar year with respect to which the 

14 Secretary makes the determination under sub15 paragraph (A)(i). 

16 ‘‘(5) ADJUSTMENTS TO IMPORT LIMITATIONS.— 

17 ‘‘(A) IN GENERAL.—The import limitations 

18 described in paragraph (2)(A) are based on the 

19 reference data in the 2005 Market Report on the 

20 Global Nuclear Fuel Market Supply and De21 mand 2005–2030 of the World Nuclear Associa22 tion. In each of calendar years 2016 and 2019, 

23 the Secretary of Commerce shall review the pro24 jected demand for uranium for nuclear reactors 

25 in the United States and adjust the import limi-
184 

•HR 2638 EAH 

1 tations described in paragraph (2)(A) to account 

2 for changes in such demand in years after the 

3 year in which that report or a subsequent report 

4 is published. 

5 ‘‘(B) INCENTIVE ADJUSTMENT.—Beginning 

6 in the second calendar year after the calendar 

7 year of the completion of the Russian HEU 

8 Agreement, the Secretary of Energy shall in9 crease or decrease the amount of low-enriched 

10 uranium that may be imported in a calendar 

11 year under paragraph (2)(B) (including the 

12 amount of low-enriched uranium that may be 

13 imported for each kilogram of highly enriched 

14 uranium downblended under paragraph 

15 (2)(B)(i)) by a percentage equal to the percent16 age increase or decrease, as the case may be, in 

17 the average amount of uranium loaded into nu18 clear power reactors in the United States in the 

19 most recent 3-calendar-year period for which 

20 data are available, as reported by the Energy In21 formation Administration of the Department of 

22 Energy, compared to the average amount of ura23 nium loaded into such reactors during the 3-cal24 endar-year period beginning on January 1, 
185 

•HR 2638 EAH 

1 2011, as reported by the Energy Information Ad2 ministration. 

3 ‘‘(C) PUBLICATION OF ADJUSTMENTS.—As 

4 soon as practicable, but not later than July 31 

5 of each calendar year, the Secretary of Energy 

6 shall publish in the Federal Register the amount 

7 of low-enriched uranium that may be imported 

8 in the current calendar year after the adjust9 ments under subparagraph (B). 

10 ‘‘(6) AUTHORITY FOR ADDITIONAL ADJUST11 MENT.—In addition to the adjustment under para12 graph (5)(A), the Secretary of Commerce may adjust 

13 the import limitations under paragraph (2)(A) for a 

14 calendar year if the Secretary— 

15 ‘‘(A) in consultation with the Secretary of 

16 Energy, determines that the available supply of 

17 low-enriched uranium and the available stock18 piles of uranium of the Department of Energy 

19 are insufficient to meet demand in the United 

20 States in the following calendar year; and 

21 ‘‘(B) notifies Congress of the adjustment not 

22 less than 45 days before making the adjustment. 

23 ‘‘(7) EQUIVALENT QUANTITIES OF LOW-EN24 RICHED URANIUM IMPORTS.— 
186 

•HR 2638 EAH 

1 ‘‘(A) IN GENERAL.—The import limitations 

2 described in paragraphs (1) and (2) are ex3 pressed in terms of uranium containing 4.4 per4 cent uranium-235 and a tails assay of 0.3 per5 cent. 

6 ‘‘(B) ADJUSTMENT FOR OTHER URANIUM.— 

7 Imports of low-enriched uranium under para8 graphs (1) and (2), including low-enriched ura9 nium obtained under contracts for separative 

10 work units, shall count against the import limi11 tations described in such paragraphs in amounts 

12 calculated as the quantity of low-enriched ura13 nium containing 4.4 percent uranium-235 nec14 essary to equal the total amount of uranium-235 

15 contained in such imports. 

16 ‘‘(8) DOWNBLENDING OF OTHER HIGHLY EN17 RICHED URANIUM.— 

18 ‘‘(A) IN GENERAL.—The downblending of 

19 highly enriched uranium not of weapons origin 

20 may be counted for purposes of paragraph 

21 (2)(B), subject to verification under paragraph 

22 (10), if the Secretary of Energy determines that 

23 the highly enriched uranium to be downblended 

24 poses a risk to the national security of the 

25 United States. 
187 

•HR 2638 EAH 

1 ‘‘(B) EQUIVALENT QUANTITIES OF HIGHLY

2 ENRICHED URANIUM.—For purposes of deter3 mining the additional low-enriched uranium im4 ports allowed under paragraph (2)(B), highly 

5 enriched uranium not of weapons origin 

6 downblended pursuant to subparagraph (A) shall 

7 count as downblended highly enriched uranium 

8 of weapons origin in amounts calculated as the 

9 quantity of highly enriched uranium containing 

10 90 percent uranium-235 necessary to equal the 

11 total amount of uranium-235 contained in the 

12 highly enriched uranium not of weapons origin 

13 downblended pursuant to subparagraph (A). 

14 ‘‘(9) TERMINATION OF IMPORT RESTRICTIONS.— 

15 The provisions of this subsection shall terminate on 

16 December 31, 2020. 

17 ‘‘(10) TECHNICAL VERIFICATIONS BY SECRETARY

18 OF ENERGY.— 

19 ‘‘(A) IN GENERAL.—The Secretary of En20 ergy shall verify the origin, quantity, and ura21 nium-235 content of the highly enriched ura22 nium downblended for purposes of paragraphs 

23 (2)(B) and (8). 

24 ‘‘(B) METHODS OF VERIFICATION.—In con25 ducting the verification required under subpara-
188 

•HR 2638 EAH 

1 graph (A), the Secretary of Energy shall employ 

2 the transparency measures and access provisions 

3 agreed to under the Russian HEU Agreement for 

4 monitoring the downblending of Russian highly 

5 enriched uranium of weapons origin and such 

6 other methods as the Secretary determines appro7 priate. 

8 ‘‘(11) ENFORCEMENT OF IMPORT LIMITATIONS.— 

9 The Secretary of Commerce shall be responsible for 

10 enforcing the import limitations imposed under this 

11 subsection and shall enforce such import limitations 

12 in a manner that imposes a minimal burden on the 

13 commercial nuclear industry. 

14 ‘‘(12) EFFECT ON OTHER AGREEMENTS.— 

15 ‘‘(A) RUSSIAN HEU AGREEMENT.—Nothing 

16 in this section shall be construed to modify the 

17 terms of the Russian HEU Agreement, including 

18 the provisions of the Agreement relating to the 

19 amount of low-enriched uranium that may be 

20 imported into the United States. 

21 ‘‘(B) OTHER AGREEMENTS.—If a provision 

22 of any agreement between the United States and 

23 the Russian Federation, other than the Russian 

24 HEU Agreement, relating to the importation of 

25 low-enriched uranium, including low-enriched 
189 

•HR 2638 EAH 

1 uranium obtained under contracts for separative 

2 work units, into the United States conflicts with 

3 a provision of this section, the provision of this 

4 section shall supersede the provision of the agree5 ment to the extent of the conflict.’’. 

6 SEC. 8119. The amounts appropriated in title II of 

7 this Act are hereby reduced by $859,000,000 to reflect excess 

8 cash balances in Department of Defense Working Capital 

9 Funds, as follows: 

10 (1) From ‘‘Operation and Maintenance, Army’’, 

11 $823,000,000; and 

12 (2) From ‘‘Operation and Maintenance, Air 

13 Force’’, $36,000,000. 

14 This division may be cited as the ‘‘Department of De15 fense Appropriations Act, 2009’’. 

16 DIVISION D—DEPARTMENT OF HOMELAND 

17 SECURITY APPROPRIATIONS ACT, 2009 

18 That the following sums are appropriated, out of any 

19 money in the Treasury not otherwise appropriated, for the 

20 Department of Homeland Security for the fiscal year end21 ing September 30, 2009, and for other purposes, namely: 
190 

•HR 2638 EAH 

1 TITLE I 

2 DEPARTMENTAL MANAGEMENT AND 

3 OPERATIONS 

4 OFFICE OF THE SECRETARY AND EXECUTIVE

5 MANAGEMENT

6 For necessary expenses of the Office of the Secretary 

7 of Homeland Security, as authorized by section 102 of the 

8 Homeland Security Act of 2002 (6 U.S.C. 112), and execu9 tive management of the Department of Homeland Security, 

10 as authorized by law, $123,456,000: Provided, That not to 

11 exceed $60,000 shall be for official reception and representa12 tion expenses, of which $20,000 shall be made available to 

13 the Office of Policy solely to host Visa Waiver Program ne14 gotiations in Washington, DC: Provided further, That with15 in 15 days after the end of each quarter of the fiscal year, 

16 the Secretary shall submit to the Committees on Appropria17 tions of the Senate and House of Representatives and to 

18 the Government Accountability Office a report of each in19 stance where a request by the Government Accountability 

20 Office for access to Department of Homeland Security 

21 records was not granted within 20 calendar days and Gov22 ernment Accountability Office requests for interviews with 

23 Department of Homeland Security employees were not 

24 granted within seven calendar days: Provided further, That 

25 $15,000,000 shall not be available for obligation until the 
191 

•HR 2638 EAH 

1 second quarterly report detailed in the previous proviso is 

2 submitted to the Committees on Appropriations of the Sen3 ate and House of Representatives: Provided further, That 

4 $10,000,000 shall not be available for obligation until the 

5 Secretary of Homeland Security, in coordination with the 

6 Administrator of the Federal Emergency Management 

7 Agency, certifies to the Committees on Appropriations of 

8 the Senate and the House of Representatives that processes 

9 to incorporate stakeholder input for grant guidance develop10 ment and award distribution have been: (1) developed to 

11 ensure transparency and increased consultation about secu12 rity needs for all-hazards; (2) formalized and made clear 

13 to stakeholders; and (3) formalized to ensure future use for 

14 each fiscal year. 

15 OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

16 For necessary expenses of the Office of the Under Sec17 retary for Management, as authorized by sections 701 

18 through 705 of the Homeland Security Act of 2002 (6 

19 U.S.C. 341 through 345), $191,793,000, of which not to ex20 ceed $3,000 shall be for official reception and representation 

21 expenses: Provided, That of the total amount, $6,000,000 

22 shall remain available until expended solely for the alter23 ation and improvement of facilities, tenant improvements, 

24 and relocation costs to consolidate Department head25 quarters operations at the Nebraska Avenue Complex; and 
192 

•HR 2638 EAH 

1 $17,131,000 shall remain available until expended for the 

2 Human Resources Information Technology program. 

3 OFFICE OF THE CHIEF FINANCIAL OFFICER

4 For necessary expenses of the Office of the Chief Finan5 cial Officer, as authorized by section 103 of the Homeland 

6 Security Act of 2002 (6 U.S.C. 113), $55,235,000, of which 

7 $11,000,000 shall remain available until expended for fi8 nancial systems consolidation efforts. 

9 OFFICE OF THE CHIEF INFORMATION OFFICER

10 For necessary expenses of the Office of the Chief Infor11 mation Officer, as authorized by section 103 of the Home12 land Security Act of 2002 (6 U.S.C. 113), and Department13 wide technology investments, $272,169,000; of which 

14 $86,928,000 shall be available for salaries and expenses; 

15 and of which $185,241,000, to remain available until ex16 pended, shall be available for development and acquisition 

17 of information technology equipment, software, services, 

18 and related activities for the Department of Homeland Se19 curity, of which not less than $23,830,000 shall be available 

20 for data center development and an additional $22,300,000 

21 shall be available to support costs of transition to the Na22 tional Center for Critical Information Processing and Stor23 age: Provided, That $100,000,000 of the total amount ap24 propriated under this heading shall not be available for ob25 ligation until the Committees on Appropriations of the Sen-
193 

•HR 2638 EAH 

1 ate and the House of Representatives receive the report on 

2 data center transition: Provided further, That none of the 

3 funds appropriated shall be used to support or supplement 

4 the appropriations provided for the United States Visitor 

5 and Immigrant Status Indicator Technology project or the 

6 Automated Commercial Environment: Provided further, 

7 That the Chief Information Officer shall submit to the Com8 mittees on Appropriations of the Senate and the House of 

9 Representatives, not more than 60 days after the date of 

10 enactment of this Act, an expenditure plan for all informa11 tion technology acquisition projects that: (1) are funded 

12 under this heading; or (2) are funded by multiple compo13 nents of the Department of Homeland Security through re14 imbursable agreements: Provided further, That such expend15 iture plan shall include each specific project funded, key 

16 milestones, all funding sources for each project, details of 

17 annual and lifecycle costs, and projected cost savings or cost 

18 avoidance to be achieved by the project. 

19 ANALYSIS AND OPERATIONS

20 For necessary expenses for information analysis and 

21 operations coordination activities, as authorized by title II 

22 of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), 

23 $327,373,000, of which not to exceed $5,000 shall be for offi24 cial reception and representation expenses; and of which 
194 

•HR 2638 EAH 

1 $215,745,000 shall remain available until September 30, 

2 2010. 

3 OFFICE OF THE FEDERAL COORDINATOR FOR GULF

4 COAST REBUILDING

5 For necessary expenses of the Office of the Federal Co6 ordinator for Gulf Coast Rebuilding, $1,900,000. 

7 OFFICE OF INSPECTOR GENERAL

8 For necessary expenses of the Office of Inspector Gen9 eral in carrying out the provisions of the Inspector General 

10 Act of 1978 (5 U.S.C. App.), $98,513,000, of which not to 

11 exceed $150,000 may be used for certain confidential oper12 ational expenses, including the payment of informants, to 

13 be expended at the direction of the Inspector General. 

14 TITLE II 

15 SECURITY, ENFORCEMENT, AND INVESTIGATIONS 

16 U.S. CUSTOMS AND BORDER PROTECTION

17 SALARIES AND EXPENSES

18 For necessary expenses for enforcement of laws relating 

19 to border security, immigration, customs, agricultural in20 spections and regulatory activities related to plant and ani21 mal imports, and transportation of unaccompanied minor 

22 aliens; purchase and lease of up to 6,300 (3,300 for replace23 ment only) police-type vehicles; and contracting with indi24 viduals for personal services abroad; $7,603,206,000, of 

25 which $3,154,000 shall be derived from the Harbor Mainte-
195 

•HR 2638 EAH 

1 nance Trust Fund for administrative expenses related to the 

2 collection of the Harbor Maintenance Fee pursuant to sec3 tion 9505(c)(3) of the Internal Revenue Code of 1986 (26 

4 U.S.C. 9505(c)(3)) and notwithstanding section 1511(e)(1) 

5 of the Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); 

6 of which not to exceed $45,000 shall be for official reception 

7 and representation expenses; of which not less than 

8 $271,679,000 shall be for Air and Marine Operations; of 

9 which $4,500,000 shall be for the 2010 Olympics Coordina10 tion Center, of which not to exceed $2,000,000 shall be 

11 available until September 30, 2010; of which $2,000,000 

12 shall be for Project SeaHawk; of which such sums as become 

13 available in the Customs User Fee Account, except sums 

14 subject to section 13031(f)(3) of the Consolidated Omnibus 

15 Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)), 

16 shall be derived from that account; of which not to exceed 

17 $150,000 shall be available for payment for rental space 

18 in connection with preclearance operations; and of which 

19 not to exceed $1,000,000 shall be for awards of compensa20 tion to informants, to be accounted for solely under the cer21 tificate of the Secretary of Homeland Security: Provided, 

22 That for fiscal year 2009, the overtime limitation prescribed 

23 in section 5(c)(1) of the Act of February 13, 1911 (19 

24 U.S.C. 267(c)(1)) shall be $35,000; and notwithstanding 

25 any other provision of law, none of the funds appropriated 
196 

•HR 2638 EAH 

1 by this Act may be available to compensate any employee 

2 of U.S. Customs and Border Protection for overtime, from 

3 whatever source, in an amount that exceeds such limitation, 

4 except in individual cases determined by the Secretary of 

5 Homeland Security, or the designee of the Secretary, to be 

6 necessary for national security purposes, to prevent exces7 sive costs, or in cases of immigration emergencies: Provided 

8 further, That no funding available under this heading may 

9 be obligated for the operation of the Analytical Framework 

10 for Intelligence Officers until the Commissioner of U.S. Cus11 toms and Border Protection certifies that this Framework 

12 complies with all applicable laws, including section 552a 

13 of title 5, United States Code, and other laws protecting 

14 privacy, and such certification is reviewed by the Inspector 

15 General of the Department of Homeland Security: Provided 

16 further, That the Commissioner shall submit to the Commit17 tees on Appropriations of the Senate and the House of Rep18 resentatives the results of operational field testing of cargo 

19 container security devices in high risk trade lanes no later 

20 than 120 days after the date of enactment of this Act. 

21 AUTOMATION MODERNIZATION

22 For expenses for U.S. Customs and Border Protection 

23 automated systems, $511,334,000, to remain available until 

24 expended, of which not less than $316,851,000 shall be for 

25 the development of the Automated Commercial Environ-
197 

•HR 2638 EAH 

1 ment: Provided, That of the total amount made available 

2 under this heading, $216,851,000 may not be obligated for 

3 the Automated Commercial Environment program until 30 

4 days after the Committees on Appropriations of the Senate 

5 and the House of Representatives receive a report on the 

6 results to date and plans for the program from the Depart7 ment of Homeland Security. 

8 BORDER SECURITY FENCING, INFRASTRUCTURE, AND

9 TECHNOLOGY

10 For expenses for customs and border protection fenc11 ing, infrastructure, and technology, $775,000,000, to re12 main available until expended: Provided, That of the 

13 amount provided under this heading, $400,000,000 shall 

14 not be obligated until the Committees on Appropriations 

15 of the Senate and the House of Representatives receive and 

16 approve a plan for expenditure, prepared by the Secretary 

17 of Homeland Security and submitted not later than 90 days 

18 after the date of the enactment of this Act, for a program 

19 to establish and maintain a security barrier along the bor20 ders of the United States of fencing and vehicle barriers, 

21 where practicable, and other forms of tactical infrastructure 

22 and technology, that includes the following— 

23 (1) a detailed accounting of the program’s imple24 mentation to date for all investments, including tech25 nology and tactical infrastructure, for funding al-
198 

•HR 2638 EAH 

1 ready expended relative to system capabilities or serv2 ices, system performance levels, mission benefits and 

3 outcomes, milestones, cost targets, program manage4 ment capabilities, identification of the maximum in5 vestment, including life cycle costs, related to the Se6 cure Border Initiative program or any successor pro7 gram, and description of the methodology used to ob8 tain these cost figures; 

9 (2) a description of how specific projects will 

10 further the objectives of the Secure Border Initiative, 

11 as defined in the Department of Homeland Security 

12 Secure Border Plan, and how the expenditure plan 

13 allocates funding to the highest priority border secu14 rity needs; 

15 (3) an explicit plan of action defining how all 

16 funds are to be obligated to meet future program com17 mitments, with the planned expenditure of funds 

18 linked to the milestone-based delivery of specific capa19 bilities, services, performance levels, mission benefits 

20 and outcomes, and program management capabilities; 

21 (4) an identification of staffing, including full22 time equivalents, contractors, and detailees, by pro23 gram office; 

24 (5) a description of how the plan addresses secu25 rity needs at the Northern border and ports of entry, 
199 

•HR 2638 EAH 

1 including infrastructure, technology, design and oper2 ations requirements, specific locations where funding 

3 would be used, and priorities for Northern border ac4 tivities; 

5 (6) a report on budget, obligations and expendi6 tures, the activities completed, and the progress made 

7 by the program in terms of obtaining operational 

8 control of the entire border of the United States; 

9 (7) a listing of all open Government Account10 ability Office and the Office of Inspector General rec11 ommendations related to the program and the status 

12 of Department of Homeland Security actions to ad13 dress the recommendations, including milestones to 

14 fully address such recommendations; 

15 (8) a certification by the Chief Procurement Offi16 cer of the Department that the program: (a) has been 

17 reviewed and approved in accordance with the invest18 ment management process of the Department, and 

19 that the process fulfills all capital planning and in20 vestment control requirements and reviews established 

21 by the Office of Management and Budget, including 

22 as provided in Circular A–11, part 7; (b) that the 

23 plans for the program comply with the Federal acqui24 sition rules, requirements, guidelines, and practices, 

25 and a description of the actions being taken to ad-
200 

•HR 2638 EAH 

1 dress areas of non-compliance, the risks associated 

2 with such actions, together with any plans for ad3 dressing these risks, and the status of the implementa4 tion of such actions; (c) that procedures to prevent 

5 conflicts of interest between the prime integrator and 

6 major subcontractors are established and that the Se7 cure Border Initiative Program Office has adequate 

8 staff and resources to effectively manage the Secure 

9 Border Initiative program, all contracts, including 

10 the exercise of technical oversight; and (d) the certifi11 cations required under this paragraph should be ac12 companied by all documents or memoranda, as well 

13 as documentation and a description of the investment 

14 review processes used to obtain such certifications; 

15 (9) a certification by the Chief Information Offi16 cer of the Department that: (a) the system architec17 ture of the program is sufficiently aligned with the 

18 information systems enterprise architecture of the De19 partment to minimize future rework, including a de20 scription of all aspects of the architectures that were 

21 or were not assessed in making the alignment deter22 mination, the date of the alignment determination, 

23 and any known areas of misalignment together with 

24 the associated risks and corrective actions to address 

25 any such areas; (b) the program has a risk manage-
201 

•HR 2638 EAH 

1 ment process that regularly and proactively identifies, 

2 evaluates, mitigates, and monitors risks throughout 

3 the system life cycle and communicates high-risk con4 ditions to U.S. Customs and Border Protection and 

5 Department of Homeland Security investment deci6 sion-makers, as well as a listing of all the program’s 

7 high risks and the status of efforts to address such 

8 risks; (c) an independent verification and validation 

9 agent is currently under contract for the projects 

10 funded under this heading; and (d) the certification 

11 required under this paragraph should be accompanied 

12 by all documents or memoranda, as well as docu13 mentation and a description of the investment review 

14 processes used to obtain such certification; 

15 (10) a certification by the Chief Human Capital 

16 Officer of the Department that the human capital 

17 needs of the Secure Border Initiative program are 

18 being addressed so as to ensure adequate staff and re19 sources to effectively manage the Secure Border Ini20 tiative, together with a description of SBI staffing 

21 priorities; 

22 (11) an analysis by the Secretary for each seg23 ment, defined as not more than 15 miles, of fencing 

24 or tactical infrastructure, of the selected approach 

25 compared to other, alternative means of achieving 
202 

•HR 2638 EAH 

1 operational control, and such analysis should include 

2 cost, level of operational control, possible unintended 

3 effects on communities, and other factors critical to 

4 the decision making process; and 

5 (12) is reviewed by the Government Account6 ability Office: 

7 Provided further, That the Secretary shall report to the 

8 Committees on Appropriations of the Senate and the House 

9 of Representatives on program progress, and obligations 

10 and expenditures for all outstanding task orders as well as 

11 specific objectives to be achieved through the award of cur12 rent and remaining task orders planned for the balance of 

13 available appropriations at least 15 days before the award 

14 of any task order requiring an obligation of funds in an 

15 amount greater than $25,000,000 and before the award of 

16 a task order that would cause cumulative obligations of 

17 funds to exceed 50 percent of the total amount appropriated: 

18 Provided further, That none of the funds provided under 

19 this heading may be obligated unless the Department has 

20 complied with section 102(b)(1)(C)(i) of the Illegal Immi21 gration Reform and Immigrant Responsibility Act of 1996 

22 (8 U.S.C. 1103 note), and the Secretary certifies such to 

23 the Committees on Appropriations of the Senate and the 

24 House of Representatives: Provided further, That none of 

25 the funds under this heading may be obligated for any 
203 

•HR 2638 EAH 

1 project or activity for which the Secretary has exercised 

2 waiver authority pursuant to section 102(c) of the Illegal 

3 Immigration Reform and Immigrant Responsibility Act of 

4 1996 (8 U.S.C. 1103 note) until 15 days have elapsed from 

5 the date of the publication of the decision in the Federal 

6 Register: Provided further, That notwithstanding the pre7 vious provisos, $100,000,000 of the amount provided under 

8 this heading shall be made available for obligation upon 

9 enactment of this Act without restriction. 

10 AIR AND MARINE INTERDICTION, OPERATIONS, 

11 MAINTENANCE, AND PROCUREMENT

12 For necessary expenses for the operations, mainte13 nance, and procurement of marine vessels, aircraft, un14 manned aircraft systems, and other related equipment of 

15 the air and marine program, including operational train16 ing and mission-related travel, and rental payments for fa17 cilities occupied by the air or marine interdiction and de18 mand reduction programs, the operations of which include 

19 the following: the interdiction of narcotics and other goods; 

20 the provision of support to Federal, State, and local agen21 cies in the enforcement or administration of laws enforced 

22 by the Department of Homeland Security; and at the dis23 cretion of the Secretary of Homeland Security, the provi24 sion of assistance to Federal, State, and local agencies in 

25 other law enforcement and emergency humanitarian efforts, 

26 $528,000,000, to remain available until expended, of which 
204 

•HR 2638 EAH 

1 $5,000,000 shall be to address private aircraft enforcement 

2 system noncompliance as specified in House Report 110– 

3 862: Provided, That no aircraft or other related equipment, 

4 with the exception of aircraft that are one of a kind and 

5 have been identified as excess to U.S. Customs and Border 

6 Protection requirements and aircraft that have been dam7 aged beyond repair, shall be transferred to any other Fed8 eral agency, department, or office outside of the Department 

9 of Homeland Security during fiscal year 2009 without the 

10 prior approval of the Committees on Appropriations of the 

11 Senate and the House of Representatives: Provided further, 

12 That of the total amount made available under this head13 ing, $18,000,000 shall not be obligated until the Secretary 

14 notifies the Committees on Appropriations of the Senate 

15 and House of Representatives that the Department of 

16 Homeland Security has implemented the concept of oper17 ations described in section 544 of this Act. 

18 CONSTRUCTION

19 For necessary expenses to plan, construct, renovate, 

20 equip, and maintain buildings and facilities necessary for 

21 the administration and enforcement of the laws relating to 

22 customs and immigration, $403,201,000, to remain avail23 able until expended, of which $39,700,000 shall be for the 

24 Advanced Training Center: Provided, That for fiscal year 

25 2010 and thereafter, the annual budget submission of U.S. 

26 Customs and Border Protection for ‘‘Construction’’ shall, 
205 

•HR 2638 EAH 

1 in consultation with the General Services Administration, 

2 include a detailed 5-year plan for all Federal land border 

3 port of entry projects with a yearly update of total projected 

4 future funding needs. 

5 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

6 SALARIES AND EXPENSES

7 For necessary expenses for enforcement of immigration 

8 and customs laws, detention and removals, and investiga9 tions; and purchase and lease of up to 3,790 (2,350 for re10 placement only) police-type vehicles; $4,927,210,000, of 

11 which not to exceed $7,500,000 shall be available until ex12 pended for conducting special operations under section 3131 

13 of the Customs Enforcement Act of 1986 (19 U.S.C. 2081); 

14 of which not to exceed $15,000 shall be for official reception 

15 and representation expenses; of which not to exceed 

16 $1,000,000 shall be for awards of compensation to inform17 ants, to be accounted for solely under the certificate of the 

18 Secretary of Homeland Security; of which not less than 

19 $305,000 shall be for promotion of public awareness of the 

20 child pornography tipline and anti-child exploitation ac21 tivities; of which not less than $5,400,000 shall be used to 

22 facilitate agreements consistent with section 287(g) of the 

23 Immigration and Nationality Act (8 U.S.C. 1357(g)); and 

24 of which not to exceed $11,216,000 shall be available to fund 

25 or reimburse other Federal agencies for the costs associated 
206 

•HR 2638 EAH 

1 with the care, maintenance, and repatriation of smuggled 

2 aliens unlawfully present in the United States: Provided, 

3 That none of the funds made available under this heading 

4 shall be available to compensate any employee for overtime 

5 in an annual amount in excess of $35,000, except that the 

6 Secretary, or the designee of the Secretary, may waive that 

7 amount as necessary for national security purposes and in 

8 cases of immigration emergencies: Provided further, That 

9 of the total amount provided, $15,770,000 shall be for ac10 tivities in fiscal year 2009 to enforce laws against forced 

11 child labor, of which not to exceed $6,000,000 shall remain 

12 available until expended: Provided further, That of the total 

13 amount available, not less than $1,000,000,000, of which 

14 $150,000,000 shall remain available until September 30, 

15 2010, shall be available to identify aliens convicted of a 

16 crime, and who may be deportable, and to remove them 

17 from the United States once they are judged deportable: 

18 Provided further, That the Secretary, or the designee of the 

19 Secretary, shall report to the Committees on Appropriations 

20 of the Senate and the House of Representatives, at least 

21 quarterly, on progress implementing the preceding proviso, 

22 and the funds obligated during that quarter to make that 

23 progress: Provided further, That the Secretary shall 

24 prioritize the identification and removal of aliens convicted 

25 of a crime by the severity of that crime: Provided further, 
207 

•HR 2638 EAH 

1 That of the total amount provided, not less than 

2 $2,481,213,000 is for detention and removal operations, in3 cluding transportation of unaccompanied minor aliens: 

4 Provided further, That of the total amount provided, 

5 $6,800,000 shall remain available until September 30, 

6 2010, for the Visa Security Program: Provided further, 

7 That none of the funds provided under this heading may 

8 be used to continue a delegation of law enforcement author9 ity authorized under section 287(g) of the Immigration and 

10 Nationality Act (8 U.S.C. 1357(g)) if the Department of 

11 Homeland Security Inspector General determines that the 

12 terms of the agreement governing the delegation of authority 

13 have been violated: Provided further, That effective April 

14 15, 2009, none of the funds provided under this heading 

15 may be used to continue any contract for the provision of 

16 detention services if the two most recent overall performance 

17 evaluations received by the contracted facility are less than 

18 ‘‘adequate’’ or the equivalent median score in any subse19 quent performance evaluation system: Provided further, 

20 That the Secretary shall submit to the Committees on Ap21 propriations of the Senate and the House of Representa22 tives, not later than January 5, 2009, a plan for nation23 wide implementation of the Alternatives to Detention pro24 gram that identifies: (1) the funds required for nationwide 

25 program implementation; (2) the timeframe for achieving 
208 

•HR 2638 EAH 

1 nationwide program implementation; and (3) an estimate 

2 of the number of individuals who could be enrolled in a 

3 nationwide program: Provided further, That nothing under 

4 this heading shall prevent U.S. Immigation and Customs 

5 Enforcement from exercising those authorities provided 

6 under immigration laws (as defined in section 101(a)(17) 

7 of the Immigration and Nationality Act (8 U.S.C. 

8 1101(a)(17))) during priority operations pertaining to 

9 aliens convicted of a crime. 

10 FEDERAL PROTECTIVE SERVICE

11 The revenues and collections of security fees credited 

12 to this account shall be available until expended for nec13 essary expenses related to the protection of federally-owned 

14 and leased buildings and for the operations of the Federal 

15 Protective Service: Provided, That the Secretary of Home16 land Security and the Director of the Office of Management 

17 and Budget shall certify in writing to the Committees on 

18 Appropriations of the Senate and the House of Representa19 tives no later than December 31, 2008, that the operations 

20 of the Federal Protective Service will be fully funded in fis21 cal year 2009 through revenues and collection of security 

22 fees, and shall adjust the fees to ensure fee collections are 

23 sufficient to ensure that the Federal Protective Service 

24 maintains not fewer than 1,200 full-time equivalent staff 

25 and 900 full-time equivalent Police Officers, Inspectors, 

26 Area Commanders, and Special Agents who, while working, 
209 

•HR 2638 EAH 

1 are directly engaged on a daily basis protecting and enforc2 ing laws at Federal buildings (referred to as ‘‘in-service 

3 field staff’’). 

4 AUTOMATION MODERNIZATION

5 For expenses of immigration and customs enforcement 

6 automated systems, $57,000,000, to remain available until 

7 expended: Provided, That of the funds made available under 

8 this heading, $5,000,000 shall not be obligated until the 

9 Committees on Appropriations of the Senate and the House 

10 of Representatives receive an expenditure plan prepared by 

11 the Secretary of Homeland Security. 

12 CONSTRUCTION

13 For necessary expenses to plan, construct, renovate, 

14 equip, and maintain buildings and facilities necessary for 

15 the administration and enforcement of the laws relating to 

16 customs and immigration, $5,000,000, to remain available 

17 until expended: Provided, That none of the funds made 

18 available under this heading may be used to solicit or con19 sider any request to privatize facilities currently owned by 

20 the United States Government and used to detain aliens 

21 unlawfully present in the United States until the Commit22 tees on Appropriations of the Senate and the House of Rep23 resentatives receive a plan for carrying out that privatiza24 tion. 
210 

•HR 2638 EAH 

1 TRANSPORTATION SECURITY ADMINISTRATION

2 AVIATION SECURITY

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses of the Transportation Security 

5 Administration related to providing civil aviation security 

6 services pursuant to the Aviation and Transportation Secu7 rity Act (Public Law 107–71; 115 Stat. 597; 49 U.S.C. 

8 40101 note), $4,754,518,000, to remain available until Sep9 tember 30, 2010, of which not to exceed $10,000 shall be 

10 for official reception and representation expenses: Provided, 

11 That of the total amount made available under this head12 ing, not to exceed $3,935,710,000 shall be for screening oper13 ations, of which $621,106,000 shall be available for explo14 sives detection systems; and not to exceed $798,808,000 shall 

15 be for aviation security direction and enforcement: Provided 

16 further, That of the amount made available in the preceding 

17 proviso for explosives detection systems, $294,000,000 shall 

18 be available for the purchase and installation of these sys19 tems, of which not less than $84,500,000 shall be available 

20 for the purchase and installation of certified explosives de21 tection systems at medium- and small-sized airports: Pro22 vided further, That the purchase of screening equipment for 

23 medium- and small-sized airports must be competitively 

24 awarded: Provided further, That any award to deploy ex25 plosives detection systems shall be based on risk, the airports 

26 current reliance on other screening solutions, lobby conges-
211 

•HR 2638 EAH 

1 tion resulting in increased security concerns, high injury 

2 rates, airport readiness, and increased cost effectiveness: 

3 Provided further, That security service fees authorized 

4 under section 44940 of title 49, United States Code, shall 

5 be credited to this appropriation as offsetting collections 

6 and shall be available only for aviation security: Provided 

7 further, That any funds collected and made available from 

8 aviation security fees pursuant to section 44940(i) of title 

9 49, United States Code, may, notwithstanding paragraph 

10 (4) of such section 44940(i), be expended for the purpose 

11 of improving screening at airport screening checkpoints, 

12 which may include the purchase and utilization of emerging 

13 technology equipment; the refurbishment and replacement 

14 of current equipment; the installation of surveillance sys15 tems to monitor checkpoint activities; the modification of 

16 checkpoint infrastructure to support checkpoint reconfigu17 rations; and the creation of additional checkpoints to screen 

18 aviation passengers and airport personnel: Provided fur19 ther, That of the amounts provided under this heading, 

20 $20,000,000 may be transferred to the ‘‘Surface Transpor21 tation Security’’, ‘‘Transportation Threat Assessment and 

22 Credentialing’’, and ‘‘Transportation Security Support’’ 

23 appropriations in this Act for the purpose of implementing 

24 regulations and activities authorized in the Implementing 

25 Recommendations of the 9/11 Commission Act of 2007 
212 

•HR 2638 EAH 

1 (Public Law 110–53): Provided further, That the sum ap2 propriated under this heading from the general fund shall 

3 be reduced on a dollar-for-dollar basis as such offsetting col4 lections are received during fiscal year 2009, so as to result 

5 in a final fiscal year appropriation from the general fund 

6 estimated at not more than $2,434,518,000: Provided fur7 ther, That any security service fees collected in excess of the 

8 amount made available under this heading shall become 

9 available during fiscal year 2010: Provided further, That 

10 Members of the United States House of Representatives and 

11 United States Senate, including the leadership; the heads 

12 of Federal agencies and commissions, including the Sec13 retary, Under Secretaries, and Assistant Secretaries of the 

14 Department of Homeland Security; the United States Attor15 ney General and Assistant Attorneys General and the 

16 United States attorneys; and senior members of the Execu17 tive Office of the President, including the Director of the 

18 Office of Management and Budget; shall not be exempt from 

19 Federal passenger and baggage screening. 

20 SURFACE TRANSPORTATION SECURITY

21 For necessary expenses of the Transportation Security 

22 Administration related to providing surface transportation 

23 security activities, $49,606,000, to remain available until 

24 September 30, 2010. 
213 

•HR 2638 EAH 

1 TRANSPORTATION THREAT ASSESSMENT AND

2 CREDENTIALING

3 For necessary expenses for the development and imple4 mentation of screening programs of the Office of Transpor5 tation Threat Assessment and Credentialing, $116,018,000, 

6 to remain available until September 30, 2010: Provided, 

7 That if the Assistant Secretary of Homeland Security 

8 (Transportation Security Administration) determines that 

9 the Secure Flight program does not need to check airline 

10 passenger names against the full terrorist watch list, the 

11 Assistant Secretary shall certify to the Committees on Ap12 propriations of the Senate and the House of Representatives 

13 that no significant security risks are raised by screening 

14 airline passenger names only against a subset of the full 

15 terrorist watch list. 

16 TRANSPORTATION SECURITY SUPPORT

17 For necessary expenses of the Transportation Security 

18 Administration related to providing transportation secu19 rity support and intelligence pursuant to the Aviation and 

20 Transportation Security Act (Public Law 107–71; 115 

21 Stat. 597; 49 U.S.C. 40101 note), $947,735,000, to remain 

22 available until September 30, 2010: Provided, That of the 

23 funds appropriated under this heading, $20,000,000 may 

24 not be obligated for headquarters administration until the 

25 Secretary of Homeland Security submits to the Committees 

26 on Appropriations of the Senate and the House of Rep-
214 

•HR 2638 EAH 

1 resentatives detailed expenditure plans for checkpoint sup2 port and explosives detection systems refurbishment, pro3 curement, and installations on an airport-by-airport basis 

4 for fiscal year 2009: Provided further, That these plans shall 

5 be submitted no later than 60 days after the date of enact6 ment of this Act. 

7 FEDERAL AIR MARSHALS

8 For necessary expenses of the Federal Air Marshals, 

9 $819,481,000. 

10 COAST GUARD

11 OPERATING EXPENSES

12 For necessary expenses for the operation and mainte13 nance of the Coast Guard, not otherwise provided for; pur14 chase or lease of not to exceed 25 passenger motor vehicles, 

15 which shall be for replacement only; for purchase or lease 

16 of small boats for contingent and emergent requirements (at 

17 a unit cost of no more than $700,000) and for repairs and 

18 service-life replacements, not to exceed a total of 

19 $26,000,000; minor shore construction projects not exceed20 ing $1,000,000 in total cost at any location; payments pur21 suant to section 156 of Public Law 97–377 (42 U.S.C. 402 

22 note; 96 Stat. 1920); and recreation and welfare; 

23 $6,194,925,000, of which $340,000,000 shall be for defense24 related activities; of which $24,500,000 shall be derived 

25 from the Oil Spill Liability Trust Fund to carry out the 

26 purposes of section 1012(a)(5) of the Oil Pollution Act of 
215 

•HR 2638 EAH 

1 1990 (33 U.S.C. 2712(a)(5)); of which not to exceed $20,000 

2 shall be for official reception and representation expenses; 

3 and of which $3,600,000 shall be available until expended 

4 for the cost of repairing, rehabilitating, altering, modifying, 

5 and making improvements, including customized tenant 

6 improvements, to any replacement or expanded Operations 

7 Systems Center facility: Provided, That none of the funds 

8 made available by this or any other Act shall be available 

9 for administrative expenses in connection with shipping 

10 commissioners in the United States: Provided further, That 

11 none of the funds made available by this Act shall be for 

12 expenses incurred for recreational vessels under section 

13 12114 of title 46, United States Code, except to the extent 

14 fees are collected from yacht owners and credited to this 

15 appropriation: Provided further, That the Commandant 

16 shall submit a financial management improvement plan 

17 that has been reviewed by the Inspector General of the De18 partment of Homeland Security containing yearly, measur19 able milestones, to the Committees on Appropriations of the 

20 Senate and the House of Representatives by December 1, 

21 2008: Provided further, That the Coast Guard shall comply 

22 with the requirements of section 527 of Public Law 108- 

23 136 with respect to the Coast Guard Academy: Provided 

24 further, That notwithstanding section 503 of this Act, 

25 amounts not to exceed 5 percent of the total amount appro-
216 

•HR 2638 EAH 

1 priated under this heading may be transferred to the ‘‘Ac2 quisition, Construction, and Improvements’’ appropriation, 

3 to be available under the terms and conditions applicable 

4 to that appropriation, and to be available for personnel 

5 compensation and benefits and related costs to adjust per6 sonnel assignment to accelerate management and oversight 

7 of new or existing projects without detrimentally affecting 

8 the management and oversight of other projects: Provided 

9 further, That the amount made available for ‘‘Personnel, 

10 Compensation, and Benefits’’ in the ‘‘Acquisition, Construc11 tion, and Improvements’’ appropriation shall not be in12 creased by more than 10 percent by such transfers: Provided 

13 further, That the Committees on Appropriations of the Sen14 ate and the House of Representatives shall be notified of 

15 each transfer within 10 days after it is executed. 

16 ENVIRONMENTAL COMPLIANCE AND RESTORATION

17 For necessary expenses to carry out the environmental 

18 compliance and restoration functions of the Coast Guard 

19 under chapter 19 of title 14, United States Code, 

20 $13,000,000, to remain available until expended. 

21 RESERVE TRAINING

22 For necessary expenses of the Coast Guard Reserve, as 

23 authorized by law; operations and maintenance of the re24 serve program; personnel and training costs; and equipment 

25 and services; $130,501,000. 
217 

•HR 2638 EAH 

1 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

2 For necessary expenses of acquisition, construction, 

3 renovation, and improvement of aids to navigation, shore 

4 facilities, vessels, and aircraft, including equipment related 

5 thereto; and maintenance, rehabilitation, lease and oper6 ation of facilities and equipment, as authorized by law; 

7 $1,494,576,000, of which $20,000,000 shall be derived from 

8 the Oil Spill Liability Trust Fund to carry out the purposes 

9 of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 

10 U.S.C. 2712(a)(5)); of which $113,000,000 shall be avail11 able until September 30, 2013, to acquire, repair, renovate, 

12 or improve vessels, small boats, and related equipment; of 

13 which $89,174,000 shall be available until September 30, 

14 2011, for other equipment; of which $68,000,000 shall be 

15 available until September 30, 2011, for shore facilities and 

16 aids to navigation facilities, including $3,000,000 for Sec17 tor Buffalo and $15,000,000 for the Rescue Swimmer 

18 Training Facility; of which $92,830,000 shall be available 

19 for personnel compensation and benefits and related costs; 

20 of which $97,578,000 shall be available until expended for 

21 a new Coast Guard and Department of Homeland Security 

22 headquarters; and of which $1,033,994,000 shall be avail23 able until September 30, 2013, for the Integrated Deepwater 

24 Systems program: Provided, That of the funds made avail25 able for the Integrated Deepwater Systems program, 
218 

•HR 2638 EAH 

1 $244,550,000 is for aircraft and $571,003,000 is for surface 

2 ships: Provided further, That $350,000,000 of the funds pro3 vided for the Integrated Deepwater Systems program may 

4 not be obligated until the Committees on Appropriations 

5 of the Senate and the House of Representatives receive di6 rectly from the Coast Guard and approve a plan for expend7 iture that— 

8 (1) defines activities, milestones, yearly costs, 

9 and life cycle costs for each new procurement of a 

10 major asset, including an independent cost estimate 

11 for each; 

12 (2) identifies life cycle staffing and training 

13 needs of Coast Guard project managers and procure14 ment and contract staff; 

15 (3) identifies competition to be conducted in, and 

16 summarizes the approved acquisition strategy for, 

17 each procurement; 

18 (4) includes a certification by the Chief Human 

19 Capital Officer of the Department of Homeland Secu20 rity that current human capital capabilities are suffi21 cient to execute the expenditure plan; 

22 (5) includes an explanation of each procurement 

23 that involves an indefinite delivery/indefinite quan24 tity contract and explains the need for such contract; 
219 

•HR 2638 EAH 

1 (6) identifies individual project balances by fis2 cal year, including planned carryover into fiscal year 

3 2010 by project; 

4 (7) identifies operational gaps by asset and ex5 plains how funds provided in this Act address the 

6 shortfalls between current operational capabilities and 

7 requirements; 

8 (8) includes a listing of all open Government Ac9 countability Office and Office of Inspector General 

10 recommendations related to the program and the sta11 tus of Coast Guard actions to address the rec12 ommendations, including milestones for fully address13 ing them; 

14 (9) includes a certification by the Chief Procure15 ment Officer of the Department that the program has 

16 been reviewed and approved in accordance with the 

17 investment management process of the Department, 

18 and that the process fulfills all capital planning and 

19 investment control requirements and reviews estab20 lished by the Office of Management and Budget, in21 cluding Circular A–11, part 7; 

22 (10) identifies use of the Defense Contract Audit 

23 Agency; 

24 (11) includes a certification by the head of con25 tracting activity for the Coast Guard and the Chief 
220 

•HR 2638 EAH 

1 Procurement Officer of the Department that the plans 

2 for the program comply with the Federal acquisition 

3 rules, requirements, guidelines, and practices, and a 

4 description of the actions being taken to address areas 

5 of non-compliance, the risks associated with them 

6 along with plans for addressing these risks, and the 

7 status of their implementation; 

8 (12) identifies the use of independent validation 

9 and verification; and 

10 (13) is reviewed by the Government Account11 ability Office: 

12 Provided further, That no funding may be obligated for low 

13 rate initial production or initial production of any Inte14 grated Deepwater Systems program asset until Coast Guard 

15 revises its Major Systems Acquisition Manual procedures 

16 to require a formal design review prior to the authorization 

17 of low rate initial production or initial production: Pro18 vided further, That the Secretary of Homeland Security 

19 shall submit to the Committees on Appropriations of the 

20 Senate and the House of Representatives, in conjunction 

21 with the President’s fiscal year 2010 budget, a review of 

22 the Revised Deepwater Implementation Plan that identifies 

23 any changes to the plan for the fiscal year; an annual per24 formance comparison of Integrated Deepwater Systems pro25 gram assets to pre-Deepwater legacy assets; a status report 
221 

•HR 2638 EAH 

1 of legacy assets; a detailed explanation of how the costs of 

2 legacy assets are being accounted for within the Integrated 

3 Deepwater Systems program; and the earned value manage4 ment system gold card data for each Integrated Deepwater 

5 Systems program asset: Provided further, That the Sec6 retary shall submit to the Committees on Appropriations 

7 of the Senate and the House of Representatives a com8 prehensive review of the Revised Deepwater Implementation 

9 Plan every 5 years, beginning in fiscal year 2011, that in10 cludes a complete projection of the acquisition costs and 

11 schedule for the duration of the plan through fiscal year 

12 2027: Provided further, That the Secretary shall annually 

13 submit to the Committees on Appropriations of the Senate 

14 and the House of Representatives, at the time that the Presi15 dent’s budget is submitted under section 1105(a) of title 31, 

16 United States Code, a future-years capital investment plan 

17 for the Coast Guard that identifies for each capital budget 

18 line item— 

19 (1) the proposed appropriation included in that 

20 budget; 

21 (2) the total estimated cost of completion; 

22 (3) projected funding levels for each fiscal year 

23 for the next 5 fiscal years or until project completion, 

24 whichever is earlier; 
222 

•HR 2638 EAH 

1 (4) an estimated completion date at the projected 

2 funding levels; and 

3 (5) changes, if any, in the total estimated cost of 

4 completion or estimated completion date from pre5 vious future-years capital investment plans submitted 

6 to the Committees on Appropriations of the Senate 

7 and the House of Representatives: 

8 Provided further, That the Secretary shall ensure that 

9 amounts specified in the future-years capital investment 

10 plan are consistent to the maximum extent practicable with 

11 proposed appropriations necessary to support the programs, 

12 projects, and activities of the Coast Guard in the President’s 

13 budget as submitted under section 1105(a) of title 31, 

14 United States Code, for that fiscal year: Provided further, 

15 That any inconsistencies between the capital investment 

16 plan and proposed appropriations shall be identified and 

17 justified: Provided further, That subsections (a), and (b) of 

18 section 6402 of the U.S. Troop Readiness, Veterans’ Care, 

19 Katrina Recovery, and Iraq Accountability Appropriations 

20 Act, 2007 (Public Law 110–28) shall apply to fiscal year 

21 2009: Provided further, That notwithstanding section 503 

22 of this Act, amounts transferred from the ‘‘Operating Ex23 penses’’ appropriation for personnel compensation and ben24 efits and related costs to adjust personnel assignment to ac25 celerate management and oversight of new or existing 
223 

•HR 2638 EAH 

1 projects may be transferred to the ‘‘Operating Expenses’’ 

2 appropriation to be merged with that appropriation, to be 

3 available under the same terms and conditions for which 

4 that appropriation is available, when no longer required 

5 for project acceleration or oversight, or to otherwise adjust 

6 personnel assignment: Provided further, That the Commit7 tees on Appropriations of the Senate and the House of Rep8 resentatives shall be notified of each transfer within 30 days 

9 after it is executed. 

10 ALTERATION OF BRIDGES

11 For necessary expenses for alteration or removal of ob12 structive bridges, as authorized by section 6 of the Truman13 Hobbs Act (33 U.S.C. 516), $16,000,000, to remain avail14 able until expended: Provided, That of the amounts made 

15 available under this heading, $2,000,000 shall be for the 

16 Burlington Northern Railroad Bridge in Burlington, Iowa; 

17 $2,000,000 shall be for the Canadian Pacific Railway 

18 Bridge in La Crosse, Wisconsin; $2,000,000 shall be for the 

19 Chelsea Street Bridge in Chelsea, Massachusetts; $2,000,000 

20 shall be for the Elgin, Joliet, and Eastern Railway Com21 pany Bridge in Morris, Illinois; $4,000,000 shall be for the 

22 Fourteen Mile Bridge in Mobile, Alabama; and $4,000,000 

23 shall be for the Galveston Causeway Bridge in Galveston, 

24 Texas. 
224 

•HR 2638 EAH 

1 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

2 For necessary expenses for applied scientific research, 

3 development, test, and evaluation; and for maintenance, re4 habilitation, lease, and operation of facilities and equip5 ment; as authorized by law; $18,000,000, to remain avail6 able until expended, of which $500,000 shall be derived from 

7 the Oil Spill Liability Trust Fund to carry out the purposes 

8 of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 

9 U.S.C. 2712(a)(5)): Provided, That there may be credited 

10 to and used for the purposes of this appropriation funds 

11 received from State and local governments, other public au12 thorities, private sources, and foreign countries for expenses 

13 incurred for research, development, testing, and evaluation. 

14 RETIRED PAY

15 For retired pay, including the payment of obligations 

16 otherwise chargeable to lapsed appropriations for this pur17 pose, payments under the Retired Serviceman’s Family 

18 Protection and Survivor Benefits Plans, payment for career 

19 status bonuses, concurrent receipts and combat-related spe20 cial compensation under the National Defense Authoriza21 tion Act, and payments for medical care of retired per22 sonnel and their dependents under chapter 55 of title 10, 

23 United States Code, $1,236,745,000, to remain available 

24 until expended. 
225 

•HR 2638 EAH 

1 UNITED STATES SECRET SERVICE

2 SALARIES AND EXPENSES

3 For necessary expenses of the United States Secret 

4 Service, including purchase of not to exceed 675 vehicles 

5 for police-type use, of which 645 shall be for replacement 

6 only, and hire of passenger motor vehicles; purchase of mo7 torcycles made in the United States; hire of aircraft; serv8 ices of expert witnesses at such rates as may be determined 

9 by the Director of the Secret Service; rental of buildings 

10 in the District of Columbia, and fencing, lighting, guard 

11 booths, and other facilities on private or other property not 

12 in Government ownership or control, as may be necessary 

13 to perform protective functions; payment of per diem or 

14 subsistence allowances to employees where a protective as15 signment during the actual day or days of the visit of a 

16 protectee requires an employee to work 16 hours per day 

17 or to remain overnight at a post of duty; conduct of and 

18 participation in firearms matches; presentation of awards; 

19 travel of United States Secret Service employees on protec20 tive missions without regard to the limitations on such ex21 penditures in this or any other Act if approval is obtained 

22 in advance from the Committees on Appropriations of the 

23 Senate and the House of Representatives; research and de24 velopment; grants to conduct behavioral research in support 

25 of protective research and operations; and payment in ad-
226 

•HR 2638 EAH 

1 vance for commercial accommodations as may be necessary 

2 to perform protective functions; $1,408,729,000; of which 

3 not to exceed $25,000 shall be for official reception and rep4 resentation expenses; of which not to exceed $100,000 shall 

5 be to provide technical assistance and equipment to foreign 

6 law enforcement organizations in counterfeit investigations; 

7 of which $2,366,000 shall be for forensic and related support 

8 of investigations of missing and exploited children; and of 

9 which $6,000,000 shall be for a grant for activities related 

10 to the investigations of missing and exploited children and 

11 shall remain available until expended: Provided, That up 

12 to $18,000,000 provided for protective travel shall remain 

13 available until September 30, 2010: Provided further, That 

14 up to $1,000,000 for National Special Security Events shall 

15 remain available until expended: Provided further, That the 

16 United States Secret Service is authorized to obligate funds 

17 in anticipation of reimbursements from Federal agencies 

18 and entities, as defined in section 105 of title 5, United 

19 States Code, receiving training sponsored by the James J. 

20 Rowley Training Center, except that total obligations at the 

21 end of the fiscal year shall not exceed total budgetary re22 sources available under this heading at the end of the fiscal 

23 year: Provided further, That none of the funds made avail24 able under this heading shall be available to compensate 

25 any employee for overtime in an annual amount in excess 
227 

•HR 2638 EAH 

1 of $35,000, except that the Secretary of Homeland Security, 

2 or the designee of the Secretary, may waive that amount 

3 as necessary for national security purposes: Provided fur4 ther, That the limitation in the preceding proviso shall not 

5 take effect until the Director of the Office of Management 

6 and Budget submits to the Committees on Appropriations 

7 of the Senate and the House of Representatives a report cer8 tifying that such a limitation on compensation will not 

9 have a significant effect on operations of the United States 

10 Secret Service: Provided further, That none of the funds ap11 propriated to the United States Secret Service by this Act 

12 or by previous appropriations Acts may be made available 

13 for the protection of the head of a Federal agency other than 

14 the Secretary of Homeland Security: Provided further, That 

15 the Director of the United States Secret Service may enter 

16 into an agreement to perform such service on a fully reim17 bursable basis. 

18 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

19 RELATED EXPENSES

20 For necessary expenses for acquisition, construction, 

21 repair, alteration, and improvement of facilities, 

22 $4,225,000, to remain available until expended: Provided, 

23 That of the total amount provided, $250,000 is for a perim24 eter security and noise abatement study at the James J. 

25 Rowley Training Center. 
228 

•HR 2638 EAH 

1 TITLE III 

2 PROTECTION, PREPAREDNESS, RESPONSE, AND 

3 RECOVERY 

4 NATIONAL PROTECTION AND PROGRAMS DIRECTORATE

5 MANAGEMENT AND ADMINISTRATION

6 For salaries and expenses of the Office of the Under 

7 Secretary for the National Protection and Programs Direc8 torate, support for operations, information technology, and 

9 the Office of Risk Management and Analysis, $51,350,000: 

10 Provided, That not to exceed $5,000 shall be for official re11 ception and representation expenses. 

12 INFRASTRUCTURE PROTECTION AND INFORMATION

13 SECURITY

14 For necessary expenses for infrastructure protection 

15 and information security programs and activities, as au16 thorized by title II of the Homeland Security Act of 2002 

17 (6 U.S.C. 121 et seq.), $806,913,000, of which $720,116,000 

18 shall remain available until September 30, 2010: Provided, 

19 That of the total amount provided, $20,000,000 is for nec20 essary expenses of the National Infrastructure Simulation 

21 and Analysis Center: Provided further, That of the amount 

22 made available under this heading, $127,462,000 may not 

23 be obligated for the National Cyber Security Initiative pro24 gram and $25,125,000 may not be obligated for the Next 

25 Generation Networks program until the Committees on Ap26 propriations of the Senate and the House of Representatives 
229 

•HR 2638 EAH 

1 receive and approve a plan for expenditure for that pro2 gram that describes the strategic context of the program; 

3 the specific goals and milestones set for the program; and 

4 the funds allocated to achieving each of those goals: Pro5 vided further, That of the total amount provided, 

6 $2,000,000 is for Philadelphia infrastructure monitoring; 

7 $3,000,000 is for protection of critical underground infra8 structure in major urban areas; $1,000,000 is for improved 

9 improvised explosive device mapping and modeling tools; 

10 $3,500,000 is for State and local cyber security training; 

11 and $4,000,000 is for the Power and Cyber Systems Protec12 tion, Analysis, and Testing Program at the Idaho National 

13 Laboratory. 

14 UNITED STATES VISITOR AND IMMIGRANT STATUS

15 INDICATOR TECHNOLOGY

16 For necessary expenses for the development of the 

17 United States Visitor and Immigrant Status Indicator 

18 Technology project, as authorized by section 110 of the Ille19 gal Immigration Reform and Immigrant Responsibility Act 

20 of 1996 (8 U.S.C. 1365a), $300,000,000, to remain avail21 able until expended: Provided, That of the total amount 

22 made available under this heading, $75,000,000 may not 

23 be obligated for the United States Visitor and Immigrant 

24 Status Indicator Technology project until the Committees 

25 on Appropriations of the Senate and the House of Rep-
230 

•HR 2638 EAH 

1 resentatives receive a plan for expenditure prepared by the 

2 Secretary of Homeland Security that includes— 

3 (1) a detailed accounting of the program’s 

4 progress to date relative to system capabilities or serv5 ices, system performance levels, mission benefits and 

6 outcomes, milestones, cost targets, and program man7 agement capabilities; 

8 (2) an explicit plan of action defining how all 

9 funds are to be obligated to meet future program com10 mitments, with the planned expenditure of funds 

11 linked to the milestone-based delivery of specific capa12 bilities, services, performance levels, mission benefits 

13 and outcomes, and program management capabilities; 

14 (3) a listing of all open Government Account15 ability Office and Office of Inspector General rec16 ommendations related to the program and the status 

17 of Department of Homeland Security actions to ad18 dress the recommendations, including milestones for 

19 fully addressing such recommendations; 

20 (4)(a) a certification by the Chief Procurement 

21 Officer of the Department that (1) the program has 

22 been reviewed and approved in accordance with the 

23 investment management process of the Department; 

24 (2) the process fulfills all capital planning and in25 vestment control requirements and reviews established 
231 

•HR 2638 EAH 

1 by the Office of Management and Budget, including 

2 as provided in Circular A–11, part 7; and (3) the 

3 plans for the program comply with the Federal acqui4 sition rules, requirements, guidelines, and practices; 

5 and (b) a description by the Chief Procurement Offi6 cer of the actions being taken to address areas of non7 compliance, the risks associated with such areas as 

8 well as any plans for addressing such risks, and the 

9 status of the implementation of such actions; 

10 (5)(a) a certification by the Chief Information 

11 Officer of the Department that (1) an independent 

12 verification and validation agent is currently under 

13 contract for the project; (2) the system architecture of 

14 the program is sufficiently aligned with the informa15 tion systems enterprise architecture of the Department 

16 to minimize future rework, including a description of 

17 all aspects of the architecture that were or were not 

18 assessed in making the alignment determination, the 

19 date of the alignment determination, and any known 

20 areas of misalignment along with the associated risks 

21 and corrective actions to address any such areas; and 

22 (3) the program has a risk management process that 

23 regularly identifies, evaluates, mitigates, and mon24 itors risks throughout the system life cycle, and com25 municates high-risk conditions to agency and Depart-
232 

•HR 2638 EAH 

1 ment investment decision makers; and (b) a listing by 

2 the Chief Information Officer of all the program’s 

3 high risks and the status of efforts to address them; 

4 (6) a certification by the Chief Human Capital 

5 Officer of the Department that the human capital 

6 needs of the program are being strategically and 

7 proactively managed, and that current human capital 

8 capabilities are sufficient to execute the plans dis9 cussed in the report; 

10 (7) a complete schedule for the full implementa11 tion of a biometric exit program or a certification 

12 that such program is not possible within 5 years; and 

13 (8) a detailed accounting of operation and main14 tenance, contractor services, and program costs associ15 ated with the management of identity services: 

16 Provided further, That no funding under this heading shall 

17 be obligated for implementation of a final air exit solution 

18 pursuant to the notice of proposed rulemaking (DHS–2008– 

19 0039) published on April 24, 2008, until the Committees 

20 on Appropriations of the Senate and the House of Rep21 resentatives receive a report on pilot tests of the air exit 

22 solution, which shall be reviewed by the Government Ac23 countability Office, and which shall test at least two sce24 narios: (a) where the airlines collect and transmit biometric 

25 exit data as proposed in the notice of proposed rulemaking 
233 

•HR 2638 EAH 

1 and (b) where U.S. Customs and Border Protection collects 

2 such information at the departure gates. 

3 OFFICE OF HEALTH AFFAIRS

4 For necessary expenses of the Office of Health Affairs, 

5 $157,191,000, of which $29,210,000 is for salaries and ex6 penses; and of which $127,981,000 is to remain available 

7 until September 30, 2010, for biosurveillance, BioWatch, 

8 medical readiness planning, chemical response, and other 

9 activities: Provided, That not to exceed $3,000 shall be for 

10 official reception and representation expenses. 

11 FEDERAL EMERGENCY MANAGEMENT AGENCY

12 MANAGEMENT AND ADMINISTRATION

13 For necessary expenses for management and adminis14 tration of the Federal Emergency Management Agency, 

15 $837,437,000, including activities authorized by the Na16 tional Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), 

17 the Robert T. Stafford Disaster Relief and Emergency As18 sistance Act (42 U.S.C. 5121 et seq.), the Earthquake Haz19 ards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the 

20 Defense Production Act of 1950 (50 U.S.C. App. 2061 et 

21 seq.), sections 107 and 303 of the National Security Act 

22 of 1947 (50 U.S.C. 404, 405), Reorganization Plan No. 3 

23 of 1978 (5 U.S.C. App.), the Homeland Security Act of 

24 2002 (6 U.S.C. 101 et seq.), and the Post-Katrina Emer25 gency Management Reform Act of 2006 (Public Law 109– 
234 

•HR 2638 EAH 

1 295; 120 Stat. 1394): Provided, That not to exceed $3,000 

2 shall be for official reception and representation expenses: 

3 Provided further, That the President’s budget submitted 

4 under section 1105(a) of title 31, United States Code, shall 

5 be detailed by office for the Federal Emergency Management 

6 Agency: Provided further, That $10,000,000 shall not be 

7 available for obligation until the Secretary of Homeland Se8 curity, in coordination with the Administrator of the Fed9 eral Emergency Management Agency, certifies and reports 

10 to the Committees on Appropriations of the Senate and the 

11 House of Representatives that processes to incorporate 

12 stakeholder input for grant guidance development and 

13 award distribution have been: (1) developed to ensure trans14 parency and increased consultation about security needs for 

15 all-hazards; (2) formalized and made clear to stakeholders; 

16 and (3) formalized to ensure future use for each fiscal year: 

17 Provided further, That of the total amount made available 

18 under this heading, $5,000,000 shall be for the development 

19 of tools and systems to measure the achievement and effec20 tiveness of first responder grant programs: Provided further, 

21 That of the total amount made available under this head22 ing, $32,500,000 shall be for the Urban Search and Rescue 

23 Response System, of which not to exceed $1,600,000 may 

24 be made available for administrative costs; $2,200,000 shall 

25 be for the Pacific Region Homeland Security Center, Hono-
235 

•HR 2638 EAH 

1 lulu, Hawaii; and $5,000,000 shall be for the State of North 

2 Carolina, and $2,425,000 shall be for the Commonwealth 

3 of Kentucky, as detailed in the statement accompanying 

4 this Act; and $6,342,000 shall be for the Office of National 

5 Capital Region Coordination: Provided further, That for 

6 purposes of planning, coordination, execution, and deci7 sion-making related to mass evacuation during a disaster, 

8 the Governors of the State of West Virginia and the Com9 monwealth of Pennsylvania, or their designees, shall be in10 corporated into efforts to integrate the activities of Federal, 

11 State, and local governments in the National Capital Re12 gion, as defined in section 882 of Public Law 107–296, the 

13 Homeland Security Act of 2002. 

14 STATE AND LOCAL PROGRAMS

15 (INCLUDING TRANSFER OF FUNDS)

16 For grants, contracts, cooperative agreements, and 

17 other activities, $3,105,700,000 shall be allocated as follows: 

18 (1) $950,000,000 shall be for the State Homeland 

19 Security Grant Program under section 2004 of the 

20 Homeland Security Act of 2002 (6 U.S.C. 605): Pro21 vided, That of the amount provided by this para22 graph, $60,000,000 shall be for Operation 

23 Stonegarden: Provided further, That notwithstanding 

24 subsection (c)(4) of such section 2004, for fiscal year 

25 2009, the Commonwealth of Puerto Rico shall make 

26 available to local and tribal governments amounts 
236 

•HR 2638 EAH 

1 provided to the Commonwealth of Puerto Rico under 

2 this paragraph in accordance with subsection (c)(1) 

3 of such section 2004. 

4 (2) $837,500,000 shall be for the Urban Area Se5 curity Initiative under section 2003 of the Homeland 

6 Security Act of 2002 (6 U.S.C. 604), of which, not7 withstanding subsection (c)(1) of such section, 

8 $15,000,000 shall be for grants to organizations (as 

9 described under section 501(c)(3) of the Internal Rev10 enue Code of 1986 and exempt from tax section 

11 501(a) of such code) determined by the Secretary of 

12 Homeland Security to be at high risk of a terrorist 

13 attack. 

14 (3) $35,000,000 shall be for Regional Cata15 strophic Preparedness Grants. 

16 (4) $41,000,000 shall be for the Metropolitan 

17 Medical Response System under section 635 of the 

18 Post-Katrina Emergency Management Reform Act of 

19 2006 (6 U.S.C. 723). 

20 (5) $15,000,000 shall be for the Citizen Corp 

21 Program. 

22 (6) $400,000,000 shall be for Public Transpor23 tation Security Assistance and Railroad Security As24 sistance under sections 1406 and 1513 of the Imple25 menting Recommendations of the 9/11 Commission 
237 

•HR 2638 EAH 

1 Act of 2007 (Public Law 110–53; 6 U.S.C. 1135 and 

2 1163), of which not less than $25,000,000 shall be for 

3 Amtrak security: Provided, That there shall be no cost 

4 share requirement for funds made available under 

5 this paragraph and made available for these same 

6 purposes in Public Law 110–161: Provided further, 

7 That such public transportation security assistance 

8 shall be provided directly to public transportation 

9 agencies. 

10 (7) $400,000,000 shall be for Port Security 

11 Grants in accordance with 46 U.S.C. 70107. 

12 (8) $12,000,000 shall be for Over-the-Road Bus 

13 Security Assistance under section 1532 of the Imple14 menting Recommendations of the 9/11 Commission 

15 Act of 2007 (Public Law 110–53; 6 U.S.C. 1182). 

16 (9) $8,000,000 shall be for Trucking Industry 

17 Security Grants. 

18 (10) $50,000,000 shall be for Buffer Zone Protec19 tion Program Grants. 

20 (11) $8,000,000 shall be for the Commercial 

21 Equipment Direct Assistance Program. 

22 (12) $50,000,000 shall be for the Interoperable 

23 Emergency Communications Grant Program under 

24 section 1809 of the Homeland Security Act of 2002 (6 

25 U.S.C. 579). 
238 

•HR 2638 EAH 

1 (13) $35,000,000 shall remain available until ex2 pended, for grants for Emergency Operations Centers 

3 under section 614 of the Robert T. Stafford Disaster 

4 Relief and Emergency Assistance Act (42 U.S.C. 

5 5196c), as detailed in the statement accompanying 

6 this Act. 

7 (14) $264,200,000 shall be for training, exercises, 

8 technical assistance, and other programs, of which— 

9 (A) $164,500,000 is for purposes of training 

10 in accordance with section 1204 of the Imple11 menting Recommendations of the 9/11 Commis12 sion Act of 2007 (6 U.S.C. 1102), of which 

13 $62,500,000 shall be for the Center for Domestic 

14 Preparedness; $23,000,000 shall be for the Na15 tional Energetic Materials Research and Testing 

16 Center, New Mexico Institute of Mining and 

17 Technology; $23,000,000 shall be for the National 

18 Center for Biomedical Research and Training, 

19 Louisiana State University; $23,000,000 shall be 

20 for the National Emergency Response and Res21 cue Training Center, Texas A&M University; 

22 $23,000,000 shall be for the National Exercise, 

23 Test, and Training Center, Nevada Test Site; 

24 $5,000,000 shall be for the Transportation Tech25 nology Center, Incorporated, in Pueblo, Colo-
239 

•HR 2638 EAH 

1 rado; and $5,000,000 shall be for the National 

2 Disaster Preparedness Training Center, Univer3 sity of Hawaii, Honolulu, Hawaii; and 

4 (B) $1,700,000 for the Center for 

5 Counterterrorism and Cyber Crime, Norwich 

6 University, Northfield, Vermont: 

7 Provided, That not to exceed 3 percent of the amounts pro8 vided under this heading may be transferred to the Federal 

9 Emergency Management Agency ‘‘Management and Admin10 istration’’ account for program administration, and an ex11 penditure plan for program administration shall be pro12 vided to the Committees on Appropriations of the Senate 

13 and the House of Representatives within 60 days of the date 

14 of enactment of this Act: Provided further, That for grants 

15 under paragraphs (1) through (5), the applications for 

16 grants shall be made available to eligible applicants not 

17 later than 25 days after the date of enactment of this Act, 

18 that eligible applicants shall submit applications not later 

19 than 90 days after the grant announcement, and that the 

20 Administrator of the Federal Emergency Management 

21 Agency shall act within 90 days after receipt of an applica22 tion: Provided further, That for grants under paragraphs 

23 (6) through (10) and (12), the applications for grants shall 

24 be made available to eligible applicants not later than 30 

25 days after the date of enactment of this Act, that eligible 
240 

•HR 2638 EAH 

1 applicants shall submit applications within 45 days after 

2 the grant announcement, and that the Federal Emergency 

3 Management Agency shall act not later than 60 days after 

4 receipt of an application: Provided further, That for grants 

5 under paragraphs (1) and (2), the installation of commu6 nications towers is not considered construction of a building 

7 or other physical facility: Provided further, That grantees 

8 shall provide reports on their use of funds, as determined 

9 necessary by the Secretary: Provided further, That (a) the 

10 Center for Domestic Preparedness may provide training to 

11 emergency response providers from the Federal Government, 

12 foreign governments, or private entities, if the Center for 

13 Domestic Preparedness is reimbursed for the cost of such 

14 training, and any reimbursement under this subsection 

15 shall be credited to the account from which the expenditure 

16 being reimbursed was made and shall be available, without 

17 fiscal year limitation, for the purposes for which amounts 

18 in the account may be expended, (b) the head of the Center 

19 for Domestic Preparedness shall ensure that any training 

20 provided under (a) does not interfere with the primary mis21 sion of the Center to train State and local emergency re22 sponse providers: Provided further, That the Government 

23 Accountability Office shall report to the Committees on Ap24 propriations of the Senate and the House of Representatives 

25 regarding the data, assumptions, and methodology that the 
241 

•HR 2638 EAH 

1 Department of Homeland Security uses to assess risk and 

2 allocate grants under the Urban Area Security Initiative 

3 and State Homeland Security Grant Program not later 

4 than 45 days after the date of enactment of this Act: Pro5 vided further, That the report shall include an assessment 

6 of the reliability and validity of the data used, the basis 

7 for the assumptions used, how the methodology is applied 

8 to determine the risk scores for individual locations, an 

9 analysis of the usefulness of placing States and cities into 

10 tier groups, and the allocation of grants to eligible locations: 

11 Provided further, That the Department provide the Govern12 ment Accountability Office with the actual data that the 

13 Department used for its risk assessment and grant alloca14 tion: Provided further, That the Department provide the 

15 Government Accountability Office with access to all data 

16 needed for its analysis and report, including specifics on 

17 all changes for the fiscal year 2009 process, including, but 

18 not limited to, all changes in data, assumptions, and 

19 weights used in methodology within 7 days after the date 

20 of enactment of this Act: Provided further, That any subse21 quent changes made regarding the risk methodology after 

22 the initial information is provided to the Government Ac23 countability Office shall be provided within 7 days after 

24 the change is made. 
242 

•HR 2638 EAH 

1 FIREFIGHTER ASSISTANCE GRANTS

2 For necessary expenses for programs authorized by the 

3 Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 

4 2201 et seq.), $775,000,000, of which $565,000,000 shall be 

5 available to carry out section 33 of that Act (15 U.S.C. 

6 2229) and $210,000,000 shall be available to carry out sec7 tion 34 of that Act (15 U.S.C. 2229a), to remain available 

8 until September 30, 2010: Provided, That not to exceed 5 

9 percent of the amount available under this heading shall 

10 be available for program administration, and an expendi11 ture plan for program administration shall be provided to 

12 the Committees on Appropriations of the Senate and the 

13 House of Representatives within 60 days of the date of en14 actment of this Act. 

15 EMERGENCY MANAGEMENT PERFORMANCE GRANTS

16 For necessary expenses for emergency management 

17 performance grants, as authorized by the National Flood 

18 Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert 

19 T. Stafford Disaster Relief and Emergency Assistance Act 

20 (42 U.S.C. 5121 et seq.), the Earthquake Hazards Reduc21 tion Act of 1977 (42 U.S.C. 7701 et seq.), and Reorganiza22 tion Plan No. 3 of 1978 (5 U.S.C. App.), $315,000,000: Pro23 vided, That total administrative costs shall not exceed 3 

24 percent of the total amount appropriated under this head25 ing. 
243 

•HR 2638 EAH 

1 RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

2 The aggregate charges assessed during fiscal year 2009, 

3 as authorized in title III of the Departments of Veterans 

4 Affairs and Housing and Urban Development, and Inde5 pendent Agencies Appropriations Act, 1999 (42 U.S.C. 

6 5196e), shall not be less than 100 percent of the amounts 

7 anticipated by the Department of Homeland Security nec8 essary for its radiological emergency preparedness program 

9 for the next fiscal year: Provided, That the methodology for 

10 assessment and collection of fees shall be fair and equitable 

11 and shall reflect costs of providing such services, including 

12 administrative costs of collecting such fees: Provided fur13 ther, That fees received under this heading shall be deposited 

14 in this account as offsetting collections and will become 

15 available for authorized purposes on October 1, 2009, and 

16 remain available until expended. 

17 UNITED STATES FIRE ADMINISTRATION

18 For necessary expenses of the United States Fire Ad19 ministration and for other purposes, as authorized by the 

20 Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 

21 2201 et seq.) and the Homeland Security Act of 2002 (6 

22 U.S.C. 101 et seq.), $44,979,000. 
244 

•HR 2638 EAH 

1 DISASTER RELIEF

2 (INCLUDING TRANSFER OF FUNDS)

3 For necessary expenses in carrying out the Robert T. 

4 Stafford Disaster Relief and Emergency Assistance Act (42 

5 U.S.C. 5121 et seq.), $1,400,000,000, to remain available 

6 until expended: Provided, That the Federal Emergency 

7 Management Agency shall submit an expenditure plan to 

8 the Committees on Appropriations of the Senate and the 

9 House of Representatives detailing the use of the funds for 

10 disaster readiness and support within 60 days after the date 

11 of enactment of this Act: Provided further, That the Federal 

12 Emergency Management Agency shall provide a quarterly 

13 report detailing obligations against the expenditure plan 

14 and a justification for any changes in spending: Provided 

15 further, That of the total amount provided, $16,000,000 

16 shall be transferred to the Department of Homeland Secu17 rity Office of Inspector General for audits and investiga18 tions related to disasters, subject to section 503 of this Act: 

19 Provided further, That up to $105,600,000 may be trans20 ferred to Federal Emergency Management Agency ‘‘Man21 agement and Administration’’ for management and admin22 istration functions: Provided further, That the amount pro23 vided in the previous proviso shall not be available for 

24 transfer to ‘‘Management and Administration’’ until the 

25 Federal Emergency Management Agency submits an imple-
245 

•HR 2638 EAH 

1 mentation plan to the Committees on Appropriations of the 

2 Senate and the House of Representatives: Provided further, 

3 That the Federal Emergency Management Agency shall sub4 mit the monthly ‘‘Disaster Relief’’ report, as specified in 

5 Public Law 110–161, to the Committees on Appropriations 

6 of the Senate and the House of Representatives, and include 

7 the amounts provided to each Federal agency for mission 

8 assignments: Provided further, That for any request for re9 imbursement from a Federal agency to the Department of 

10 Homeland Security to cover expenditures under the Robert 

11 T. Stafford Disaster Relief and Emergency Assistance Act 

12 (42 U.S.C. 5121 et seq.), or any mission assignment orders 

13 issued by the Department for such purposes, the Secretary 

14 of Homeland Security shall take appropriate steps to ensure 

15 that each agency is periodically reminded of Department 

16 policies on— 

17 (1) the detailed information required in sup18 porting documentation for reimbursements; and 

19 (2) the necessity for timeliness of agency billings. 

20 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

21 For activities under section 319 of the Robert T. Staf22 ford Disaster Relief and Emergency Assistance Act (42 

23 U.S.C. 5162), $295,000 is for the cost of direct loans: Pro24 vided, That gross obligations for the principal amount of 

25 direct loans shall not exceed $25,000,000: Provided further, 

26 That the cost of modifying such loans shall be as defined 
246 

•HR 2638 EAH 

1 in section 502 of the Congressional Budget Act of 1974 (2 

2 U.S.C. 661a). 

3 FLOOD MAP MODERNIZATION FUND

4 For necessary expenses under section 1360 of the Na5 tional Flood Insurance Act of 1968 (42 U.S.C. 4101), 

6 $220,000,000, and such additional sums as may be pro7 vided by State and local governments or other political sub8 divisions for cost-shared mapping activities under section 

9 1360(f)(2) of such Act (42 U.S.C. 4101(f)(2)), to remain 

10 available until expended: Provided, That total administra11 tive costs shall not exceed 3 percent of the total amount ap12 propriated under this heading. 

13 NATIONAL FLOOD INSURANCE FUND

14 For activities under the National Flood Insurance Act 

15 of 1968 (42 U.S.C. 4001 et seq.), and the Flood Disaster 

16 Protection Act of 1973 (42 U.S.C. 4001 et seq.), 

17 $156,599,000, which shall be derived from offsetting collec18 tions assessed and collected under section 1308(d) of the Na19 tional Flood Insurance Act of 1968 (42 U.S.C. 4015(d)), 

20 which is available as follows: (1) not to exceed $49,418,000 

21 for salaries and expenses associated with flood mitigation 

22 and flood insurance operations; and (2) no less than 

23 $107,181,000 for flood plain management and flood map24 ping, which shall remain available until September 30, 

25 2010: Provided, That any additional fees collected pursuant 

26 to section 1308(d) of the National Flood Insurance Act of 
247 

•HR 2638 EAH 

1 1968 (42 U.S.C. 4015(d)) shall be credited as an offsetting 

2 collection to this account, to be available for flood plain 

3 management and flood mapping: Provided further, That in 

4 fiscal year 2009, no funds shall be available from the Na5 tional Flood Insurance Fund under section 1310 of that Act 

6 (42 U.S.C. 4017) in excess of: (1) $85,000,000 for operating 

7 expenses; (2) $869,905,000 for commissions and taxes of 

8 agents; (3) such sums as are necessary for interest on Treas9 ury borrowings; and (4) $125,700,000, which shall remain 

10 available until expended for flood mitigation actions, of 

11 which $80,000,000 is for severe repetitive loss properties 

12 under section 1361A of the National Flood Insurance Act 

13 of 1968 (42 U.S.C. 4102a), of which $10,000,000 is for re14 petitive insurance claims properties under section 1323 of 

15 the National Flood Insurance Act of 1968 (42 U.S.C. 4030), 

16 and of which $35,700,000 is for flood mitigation assistance 

17 under section 1366 of the National Flood Insurance Act of 

18 1968 (42 U.S.C. 4104c) notwithstanding subparagraphs 

19 (B) and (C) of subsection (b)(3) and subsection (f) of section 

20 1366 of the National Flood Insurance Act of 1968 (42 

21 U.S.C. 4104c) and notwithstanding subsection (a)(7) of sec22 tion 1310 of the National Flood Insurance Act of 1968 (42 

23 U.S.C. 4017): Provided further, That amounts collected 

24 under section 102 of the Flood Disaster Protection Act of 

25 1973 and section 1366(i) of the National Flood Insurance 
248 

•HR 2638 EAH 

1 Act of 1968 shall be deposited in the National Flood Insur2 ance Fund to supplement other amounts specified as avail3 able for section 1366 of the National Flood Insurance Act 

4 of 1968, notwithstanding 42 U.S.C. 4012a(f)(8), 4104c(i), 

5 and 4104d(b)(2)-(3): Provided further, That total adminis6 trative costs shall not exceed 4 percent of the total appro7 priation. 

8 NATIONAL PREDISASTER MITIGATION FUND

9 For the predisaster mitigation grant program under 

10 section 203 of the Robert T. Stafford Disaster Relief and 

11 Emergency Assistance Act (42 U.S.C. 5133), $90,000,000, 

12 to remain available until expended and as detailed in the 

13 statement accompanying this Act: Provided, That the total 

14 administrative costs associated with such grants shall not 

15 exceed 3 percent of the total amount made available under 

16 this heading. 

17 EMERGENCY FOOD AND SHELTER

18 To carry out the emergency food and shelter program 

19 pursuant to title III of the McKinney-Vento Homeless As20 sistance Act (42 U.S.C. 11331 et seq.), $200,000,000, to re21 main available until expended: Provided, That total admin22 istrative costs shall not exceed 3.5 percent of the total 

23 amount made available under this heading. 
249 

•HR 2638 EAH 

1 CERRO GRANDE FIRE CLAIMS

2 (RESCISSION OF FUNDS) 

3 Of the funds made available under this heading for 

4 obligation in prior years, $9,000,000 are rescinded. 

5 TITLE IV 

6 RESEARCH AND DEVELOPMENT, TRAINING, AND 

7 SERVICES 

8 UNITED STATES CITIZENSHIP AND IMMIGRATION

9 SERVICES

10 For necessary expenses for citizenship and immigra11 tion services, $101,740,000, of which $100,000,000 is for the 

12 E-Verify program to assist United States employers with 

13 maintaining a legal workforce: Provided, That notwith14 standing any other provision of law, funds available to 

15 United States Citizenship and Immigration Services may 

16 be used to acquire, operate, equip, dispose of and replace 

17 up to five vehicles, of which two are for replacement only, 

18 for areas where the Administrator of General Services does 

19 not provide vehicles for lease: Provided further, That the 

20 Director of United States Citizenship and Immigration 

21 Services may authorize employees who are assigned to those 

22 areas to use such vehicles between the employees’ residences 

23 and places of employment. 
250 

•HR 2638 EAH 

1 FEDERAL LAW ENFORCEMENT TRAINING CENTER

2 SALARIES AND EXPENSES

3 For necessary expenses of the Federal Law Enforce4 ment Training Center, including materials and support 

5 costs of Federal law enforcement basic training; the pur6 chase of not to exceed 117 vehicles for police-type use and 

7 hire of passenger motor vehicles; expenses for student ath8 letic and related activities; the conduct of and participation 

9 in firearms matches and presentation of awards; public 

10 awareness and enhancement of community support of law 

11 enforcement training; room and board for student interns; 

12 a flat monthly reimbursement to employees authorized to 

13 use personal mobile phones for official duties; and services 

14 as authorized by section 3109 of title 5, United States Code; 

15 $246,530,000, of which up to $48,611,000 shall remain 

16 available until September 30, 2010, for materials and sup17 port costs of Federal law enforcement basic training; of 

18 which $300,000 shall remain available until expended for 

19 Federal law enforcement agencies participating in training 

20 accreditation, to be distributed as determined by the Fed21 eral Law Enforcement Training Center for the needs of par22 ticipating agencies; and of which not to exceed $12,000 shall 

23 be for official reception and representation expenses: Pro24 vided, That the Center is authorized to obligate funds in 

25 anticipation of reimbursements from agencies receiving 
251 

•HR 2638 EAH 

1 training sponsored by the Center, except that total obliga2 tions at the end of the fiscal year shall not exceed total budg3 etary resources available at the end of the fiscal year: Pro4 vided further, That section 1202(a) of Public Law 107–206 

5 (42 U.S.C. 3771 note), as amended by Public Law 110– 

6 161 (121 Stat. 2068), is further amended by striking ‘‘De7 cember 31, 2010’’ and inserting ‘‘December 31, 2011’’: Pro8 vided further, That the Federal Law Enforcement Training 

9 Accreditation Board, including representatives from the 

10 Federal law enforcement community and non-Federal ac11 creditation experts involved in law enforcement training, 

12 shall lead the Federal law enforcement training accredita13 tion process to continue the implementation of measuring 

14 and assessing the quality and effectiveness of Federal law 

15 enforcement training programs, facilities, and instructors: 

16 Provided further, That the Director of the Federal Law En17 forcement Training Center shall schedule basic or advanced 

18 law enforcement training, or both, at all four training fa19 cilities under the control of the Federal Law Enforcement 

20 Training Center to ensure that such training facilities are 

21 operated at the highest capacity throughout the fiscal year. 

22 ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND

23 RELATED EXPENSES

24 For acquisition of necessary additional real property 

25 and facilities, construction, and ongoing maintenance, fa26 cility improvements, and related expenses of the Federal 
252 

•HR 2638 EAH 

1 Law Enforcement Training Center, $86,456,000, to remain 

2 available until expended: Provided, That the Center is au3 thorized to accept reimbursement to this appropriation 

4 from government agencies requesting the construction of 

5 special use facilities: Provided further, That $3,000,000 is 

6 for construction of training and related facilities at Artesia, 

7 New Mexico. 

8 SCIENCE AND TECHNOLOGY

9 MANAGEMENT AND ADMINISTRATION

10 For salaries and expenses of the Office of the Under 

11 Secretary for Science and Technology and for management 

12 and administration of programs and activities, as author13 ized by title III of the Homeland Security Act of 2002 (6 

14 U.S.C. 181 et seq.), $132,100,000: Provided, That not to 

15 exceed $10,000 shall be for official reception and representa16 tion expenses. 

17 RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS

18 For necessary expenses for science and technology re19 search, including advanced research projects; development; 

20 test and evaluation; acquisition; and operations; as author21 ized by title III of the Homeland Security Act of 2002 (6 

22 U.S.C. 181 et seq.); $800,487,000, to remain available until 

23 expended: Provided, That not less than $27,000,000 shall 

24 be available for the Southeast Region Research Initiative 

25 at the Oak Ridge National Laboratory: Provided further, 
253 

•HR 2638 EAH 

1 That not less than $3,000,000 shall be available for Distrib2 uted Environment for Critical Infrastructure Decision3 making Exercises: Provided further, That of the amount 

4 provided, $25,000,000 is for construction expenses of the 

5 Pacific Northwest National Laboratory: Provided further, 

6 That not less than $11,000,000 shall be available for the 

7 National Institute for Hometown Security: Provided fur8 ther, That not less than $2,000,000 shall be available for 

9 the Naval Postgraduate School: Provided further, That not 

10 less than $2,000,000 shall be available to establish a home11 land security research, development, and manufacturing 

12 pilot project: Provided further, That none of the funds made 

13 available under this heading shall be obligated for a follow14 on program to the Analysis, Dissemination, Visualization, 

15 Insight, and Semantic Enhancement program: Provided 

16 further, That none of the funds available under this heading 

17 shall be obligated for construction of a National Bio and 

18 Agro-defense Facility located on the United States main19 land until the Secretary of Homeland Security completes 

20 a risk assessment of whether foot-and-mouth disease work 

21 can be done safely on the United States mainland and this 

22 assessment is reviewed by the Government Accountability 

23 Office: Provided further, That the Government Account24 ability Office shall complete its review within 6 months 

25 after the Department concludes the risk assessment. 
254 

•HR 2638 EAH 

1 DOMESTIC NUCLEAR DETECTION OFFICE

2 MANAGEMENT AND ADMINISTRATION

3 For salaries and expenses of the Domestic Nuclear De4 tection Office as authorized by title XIX of the Homeland 

5 Security Act of 2002 (6 U.S.C. 591 et seq.) for management 

6 and administration of programs and activities, 

7 $37,500,000: Provided, That not to exceed $3,000 shall be 

8 for official reception and representation expenses. 

9 RESEARCH, DEVELOPMENT, AND OPERATIONS

10 For necessary expenses for radiological and nuclear re11 search, development, testing, evaluation, and operations, 

12 $323,200,000, to remain available until expended. 

13 SYSTEMS ACQUISITION

14 For expenses for the Domestic Nuclear Detection Office 

15 acquisition and deployment of radiological detection sys16 tems in accordance with the global nuclear detection archi17 tecture, $153,491,000, to remain available until September 

18 30, 2011: Provided, That none of the funds appropriated 

19 under this heading shall be obligated for full-scale procure20 ment of Advanced Spectroscopic Portal monitors until the 

21 Secretary of Homeland Security submits to the Committees 

22 on Appropriations of the Senate and the House of Rep23 resentatives a report certifying that a significant increase 

24 in operational effectiveness will be achieved: Provided fur25 ther, That the Secretary shall submit separate and distinct 

26 certifications prior to the procurement of Advanced 
255 

•HR 2638 EAH 

1 Spectroscopic Portal monitors for primary and secondary 

2 deployment that address the unique requirements for oper3 ational effectiveness of each type of deployment: Provided 

4 further, That the Secretary shall consult with the National 

5 Academy of Sciences before making such certifications: Pro6 vided further, That none of the funds appropriated under 

7 this heading shall be used for high-risk concurrent develop8 ment and production of mutually dependent software and 

9 hardware. 

10 TITLE V 

11 GENERAL PROVISIONS 

12 (INCLUDING RESCISSIONS OF FUNDS)

13 SEC. 501. No part of any appropriation contained in 

14 this Act shall remain available for obligation beyond the 

15 current fiscal year unless expressly so provided herein. 

16 SEC. 502. Subject to the requirements of section 503 

17 of this Act, the unexpended balances of prior appropriations 

18 provided for activities in this Act may be transferred to 

19 appropriation accounts for such activities established pur20 suant to this Act, may be merged with funds in the applica21 ble established accounts, and thereafter may be accounted 

22 for as one fund for the same time period as originally en23 acted. 

24 SEC. 503. (a) None of the funds provided by this Act, 

25 provided by previous appropriations Acts to the agencies 
256 

•HR 2638 EAH 

1 in or transferred to the Department of Homeland Security 

2 that remain available for obligation or expenditure in fiscal 

3 year 2009, or provided from any accounts in the Treasury 

4 of the United States derived by the collection of fees avail5 able to the agencies funded by this Act, shall be available 

6 for obligation or expenditure through a reprogramming of 

7 funds that: (1) creates a new program, project, or activity; 

8 (2) eliminates a program, project, office, or activity; (3) in9 creases funds for any program, project, or activity for which 

10 funds have been denied or restricted by the Congress; (4) 

11 proposes to use funds directed for a specific activity by ei12 ther of the Committees on Appropriations of the Senate or 

13 the House of Representatives for a different purpose; or (5) 

14 contracts out any function or activity for which funding 

15 levels were requested for Federal full-time equivalents in the 

16 object classification tables contained in the fiscal year 2009 

17 Budget Appendix for the Department of Homeland Secu18 rity, as modified by the explanatory statement accom19 panying this Act, unless the Committees on Appropriations 

20 of the Senate and the House of Representatives are notified 

21 15 days in advance of such reprogramming of funds. 

22 (b) None of the funds provided by this Act, provided 

23 by previous appropriations Acts to the agencies in or trans24 ferred to the Department of Homeland Security that remain 

25 available for obligation or expenditure in fiscal year 2009, 
257 

•HR 2638 EAH 

1 or provided from any accounts in the Treasury of the 

2 United States derived by the collection of fees or proceeds 

3 available to the agencies funded by this Act, shall be avail4 able for obligation or expenditure for programs, projects, 

5 or activities through a reprogramming of funds in excess 

6 of $5,000,000 or 10 percent, whichever is less, that: (1) aug7 ments existing programs, projects, or activities; (2) reduces 

8 by 10 percent funding for any existing program, project, 

9 or activity, or numbers of personnel by 10 percent as ap10 proved by the Congress; or (3) results from any general sav11 ings from a reduction in personnel that would result in a 

12 change in existing programs, projects, or activities as ap13 proved by the Congress, unless the Committees on Appro14 priations of the Senate and the House of Representatives 

15 are notified 15 days in advance of such reprogramming of 

16 funds. 

17 (c) Not to exceed 5 percent of any appropriation made 

18 available for the current fiscal year for the Department of 

19 Homeland Security by this Act or provided by previous ap20 propriations Acts may be transferred between such appro21 priations, but no such appropriation, except as otherwise 

22 specifically provided, shall be increased by more than 10 

23 percent by such transfers: Provided, That any transfer 

24 under this section shall be treated as a reprogramming of 

25 funds under subsection (b) and shall not be available for 
258 

•HR 2638 EAH 

1 obligation unless the Committees on Appropriations of the 

2 Senate and the House of Representatives are notified 15 

3 days in advance of such transfer. 

4 (d) Notwithstanding subsections (a), (b), and (c) of 

5 this section, no funds shall be reprogrammed within or 

6 transferred between appropriations after June 30, except in 

7 extraordinary circumstances that imminently threaten the 

8 safety of human life or the protection of property. 

9 (e) Within 90 days after the date of enactment of this 

10 Act, the Secretary of Homeland Security shall submit to 

11 the Committees on Appropriations of the Senate and the 

12 House of Representatives a report listing all dollar amounts 

13 specified in this Act and accompanying explanatory state14 ment that are identified in the detailed funding table at 

15 the end of the explanatory statement accompanying this Act 

16 or any other amounts specified in this Act or accompanying 

17 explanatory statement: Provided, That such dollar amounts 

18 specified in this Act and accompanying explanatory state19 ment shall be subject to the conditions and requirements of 

20 subsections (a), (b), and (c) of this section. 

21 SEC. 504. The Department of Homeland Security 

22 Working Capital Fund, established pursuant to section 403 

23 of Public Law 103–356 (31 U.S.C. 501 note), shall continue 

24 operations as a permanent working capital fund for fiscal 

25 year 2009: Provided, That none of the funds appropriated 
259 

•HR 2638 EAH 

1 or otherwise made available to the Department of Home2 land Security may be used to make payments to the Work3 ing Capital Fund, except for the activities and amounts al4 lowed in the President’s fiscal year 2009 budget: Provided 

5 further, That funds provided to the Working Capital Fund 

6 shall be available for obligation until expended to carry out 

7 the purposes of the Working Capital Fund: Provided fur8 ther, That all departmental components shall be charged 

9 only for direct usage of each Working Capital Fund service: 

10 Provided further, That funds provided to the Working Cap11 ital Fund shall be used only for purposes consistent with 

12 the contributing component: Provided further, That such 

13 fund shall be paid in advance or reimbursed at rates which 

14 will return the full cost of each service: Provided further, 

15 That the Working Capital Fund shall be subject to the re16 quirements of section 503 of this Act. 

17 SEC. 505. Except as otherwise specifically provided by 

18 law, not to exceed 50 percent of unobligated balances re19 maining available at the end of fiscal year 2009 from ap20 propriations for salaries and expenses for fiscal year 2009 

21 in this Act shall remain available through September 30, 

22 2010, in the account and for the purposes for which the 

23 appropriations were provided: Provided, That prior to the 

24 obligation of such funds, a request shall be submitted to the 

25 Committees on Appropriations of the Senate and the House 
260 

•HR 2638 EAH 

1 of Representatives for approval in accordance with section 

2 503 of this Act. 

3 SEC. 506. Funds made available by this Act for intel4 ligence activities are deemed to be specifically authorized 

5 by the Congress for purposes of section 504 of the National 

6 Security Act of 1947 (50 U.S.C. 414) during fiscal year 

7 2009 until the enactment of an Act authorizing intelligence 

8 activities for fiscal year 2009. 

9 SEC. 507. None of the funds made available by this 

10 Act may be used to make a grant allocation, discretionary 

11 grant award, discretionary contract award, or to issue a 

12 letter of intent totaling in excess of $1,000,000, or to an13 nounce publicly the intention to make such an award, in14 cluding a contract covered by the Federal Acquisition Regu15 lation, unless the Secretary of Homeland Security notifies 

16 the Committees on Appropriations of the Senate and the 

17 House of Representatives at least 3 full business days in 

18 advance of making such an award or issuing such a letter: 

19 Provided, That if the Secretary of Homeland Security de20 termines that compliance with this section would pose a 

21 substantial risk to human life, health, or safety, an award 

22 may be made without notification and the Committees on 

23 Appropriations of the Senate and the House of Representa24 tives shall be notified not later than 5 full business days 

25 after such an award is made or letter issued: Provided fur-
261 

•HR 2638 EAH 

1 ther, That no notification shall involve funds that are not 

2 available for obligation: Provided further, That the notifica3 tion shall include the amount of the award, the fiscal year 

4 in which the funds for the award were appropriated, and 

5 the account from which the funds are being drawn: Pro6 vided further, That the Federal Emergency Management 

7 Agency shall brief the Committees on Appropriations of the 

8 Senate and the House of Representatives 5 full business 

9 days in advance of announcing publicly the intention of 

10 making an award under the State Homeland Security 

11 Grant Program; Urban Area Security Initiative; and the 

12 Regional Catastrophic Preparedness Grant Program. 

13 SEC. 508. Notwithstanding any other provision of law, 

14 no agency shall purchase, construct, or lease any additional 

15 facilities, except within or contiguous to existing locations, 

16 to be used for the purpose of conducting Federal law enforce17 ment training without the advance approval of the Commit18 tees on Appropriations of the Senate and the House of Rep19 resentatives, except that the Federal Law Enforcement 

20 Training Center is authorized to obtain the temporary use 

21 of additional facilities by lease, contract, or other agreement 

22 for training which cannot be accommodated in existing 

23 Center facilities. 

24 SEC. 509. None of the funds appropriated or otherwise 

25 made available by this Act may be used for expenses for 
262 

•HR 2638 EAH 

1 any construction, repair, alteration, or acquisition project 

2 for which a prospectus otherwise required under chapter 33 

3 of title 40, United States Code, has not been approved, ex4 cept that necessary funds may be expended for each project 

5 for required expenses for the development of a proposed pro6 spectus. 

7 SEC. 510. Sections 519, 520, 522, 528, 530, and 531 

8 of the Department of Homeland Security Appropriations 

9 Act, 2008 (division E of Public Law 110–161; 121 Stat. 

10 2072, 2073, 2074, 2082) shall apply with respect to funds 

11 made available in this Act in the same manner as such 

12 sections applied to funds made available in that Act. 

13 SEC. 511. None of the funds in this Act may be used 

14 in contravention of the applicable provisions of the Buy 

15 American Act (41 U.S.C. 10a et seq.). 

16 SEC. 512. (a) None of the funds provided by this or 

17 previous appropriations Acts may be obligated for deploy18 ment or implementation, on other than a test basis, of the 

19 Secure Flight program or any other follow-on or successor 

20 passenger prescreening program, until the Secretary of 

21 Homeland Security certifies, and the Government Account22 ability Office reports, to the Committees on Appropriations 

23 of the Senate and the House of Representatives, that all ten 

24 of the conditions contained in paragraphs (1) through (10) 
263 

•HR 2638 EAH 

1 of section 522(a) of Public Law 108–334 (118 Stat. 1319) 

2 have been successfully met. 

3 (b) The report required by subsection (a) shall be sub4 mitted within 90 days after the Secretary provides the req5 uisite certification, and periodically thereafter, if necessary, 

6 until the Government Accountability Office confirms that 

7 all ten conditions have been successfully met. 

8 (c) Within 90 days after the date of enactment of this 

9 Act, the Secretary of Homeland Security shall submit to 

10 the Committees on Appropriations of the Senate and the 

11 House of Representatives a detailed plan that describes: (1) 

12 the dates for achieving key milestones, including the date 

13 or timeframes that the Secretary will certify the program 

14 under subsection (a); and (2) the methodology to be followed 

15 to support the Secretary’s certification, as required under 

16 subsection (a). 

17 (d) During the testing phase permitted by subsection 

18 (a), no information gathered from passengers, foreign or do19 mestic air carriers, or reservation systems may be used to 

20 screen aviation passengers, or delay or deny boarding to 

21 such passengers, except in instances where passenger names 

22 are matched to a Government watch list. 

23 (e) None of the funds provided in this or previous ap24 propriations Acts may be utilized to develop or test algo-
264 

•HR 2638 EAH 

1 rithms assigning risk to passengers whose names are not 

2 on Government watch lists. 

3 (f) None of the funds provided in this or any other 

4 Act may be used for data or a database that is obtained 

5 from or remains under the control of a non-Federal entity: 

6 Provided, That this restriction shall not apply to Passenger 

7 Name Record data obtained from air carriers. 

8 SEC. 513. None of the funds made available in this 

9 Act may be used to amend the oath of allegiance required 

10 by section 337 of the Immigration and Nationality Act (8 

11 U.S.C. 1448). 

12 SEC. 514. None of the funds appropriated by this Act 

13 may be used to process or approve a competition under Of14 fice of Management and Budget Circular A–76 for services 

15 provided as of June 1, 2004, by employees (including em16 ployees serving on a temporary or term basis) of United 

17 States Citizenship and Immigration Services of the Depart18 ment of Homeland Security who are known as of that date 

19 as Immigration Information Officers, Contact Representa20 tives, or Investigative Assistants. 

21 SEC. 515. (a) The Secretary of Homeland Security 

22 shall research, develop, and procure new technologies to in23 spect and screen air cargo carried on passenger aircraft by 

24 the earliest date possible. 
265 

•HR 2638 EAH 

1 (b) Existing checked baggage explosive detection equip2 ment and screeners shall be utilized to screen air cargo car3 ried on passenger aircraft to the greatest extent practicable 

4 at each airport until technologies developed under sub5 section (a) are available. 

6 (c) The Assistant Secretary of Homeland Security 

7 (Transportation Security Administration) shall work with 

8 air carriers and airports to ensure that the screening of 

9 cargo carried on passenger aircraft, as defined in section 

10 44901(g)(5) of title 49, United States Code, increases incre11 mentally each quarter. 

12 (d) Not later than 45 days after the end of each quar13 ter, the Assistant Secretary shall submit to the Committees 

14 on Appropriations of the Senate and the House of Rep15 resentatives a report on air cargo inspection statistics by 

16 airport and air carrier detailing the incremental progress 

17 being made to meet the requirements of section 44901(g)(2) 

18 of title 49, United States Code. 

19 SEC. 516. Except as provided in section 44945 of title 

20 49, United States Code, funds appropriated or transferred 

21 to Transportation Security Administration ‘‘Aviation Se22 curity’’, ‘‘Administration’’ and ‘‘Transportation Security 

23 Support’’ for fiscal years 2004, 2005, 2006, and 2007 that 

24 are recovered or deobligated shall be available only for the 

25 procurement or installation of explosives detection systems, 
266 

•HR 2638 EAH 

1 for air cargo, baggage, and checkpoint screening systems, 

2 subject to notification: Provided, That quarterly reports 

3 shall be submitted to the Committees on Appropriations of 

4 the Senate and the House of Representatives on any funds 

5 that are recovered or deobligated. 

6 SEC. 517. Any funds appropriated to United States 

7 Coast Guard, ‘‘Acquisition, Construction, and Improve8 ments’’ for fiscal years 2002, 2003, 2004, 2005, and 2006 

9 for the 110–123 foot patrol boat conversion that are recov10 ered, collected, or otherwise received as the result of negotia11 tion, mediation, or litigation, shall be available until ex12 pended for the Replacement Patrol Boat (FRC-B) program. 

13 SEC. 518. (a)(1) Except as provided in paragraph (2), 

14 none of the funds provided in this or any other Act shall 

15 be available to commence or continue operations of the Na16 tional Applications Office until— 

17 (A) the Secretary certifies in fiscal year 2009 

18 that: (i) National Applications Office programs com19 ply with all existing laws, including all applicable 

20 privacy and civil liberties standards; and, (ii) that 

21 clear definitions of all proposed domains are estab22 lished and are auditable; 

23 (B) the Comptroller General of the United States 

24 notifies the Committees on Appropriations of the Sen25 ate and the House of Representatives and the Sec-
267 

•HR 2638 EAH 

1 retary that the Comptroller has reviewed such certifi2 cation; and 

3 (C) the Secretary notifies the Committees of all 

4 funds to be expended on the National Applications 

5 Office pursuant to section 503 of this Act. 

6 (2) Paragraph (1) shall not apply with respect to any 

7 use of funds for activities substantially similar to such ac8 tivities conducted by the Department of the Interior as set 

9 forth in the 1975 charter for the Civil Applications Com10 mittee under the provisions of law codified at section 31 

11 of title 43, United States Code. 

12 (b) The Inspector General shall provide to the Commit13 tees on Appropriations of the Senate and the House of Rep14 resentatives, starting six months after the date of enactment 

15 of this Act, and quarterly thereafter, a classified report con16 taining a review of the data collected by the National Appli17 cations Office, including a description of the collection pur18 poses and the legal authority under which the collection ac19 tivities were authorized: Provided, That the report shall also 

20 include a listing of all data collection activities carried out 

21 on behalf of the National Applications Office by any compo22 nent of the National Guard. 

23 (c) None of the funds provided in this or any other 

24 Act shall be available to commence operations of the Na25 tional Immigration Information Sharing Operation until 
268 

•HR 2638 EAH 

1 the Secretary certifies that such program complies with all 

2 existing laws, including all applicable privacy and civil lib3 erties standards, the Comptroller General of the United 

4 States notifies the Committees on Appropriations of the 

5 Senate and House of Representatives and the Secretary that 

6 the Comptroller has reviewed such certification, and the 

7 Secretary notifies the Committees on Appropriations of the 

8 Senate and the the House of Representatives of all funds 

9 to be expended on the National Immigration Information 

10 Sharing Operation pursuant to section 503. 

11 SEC. 519. Within 45 days after the close of each month, 

12 the Chief Financial Officer of the Department of Homeland 

13 Security shall submit to the Committees on Appropriations 

14 of the Senate and the House of Representatives a monthly 

15 budget and staffing report that includes total obligations, 

16 on-board versus funded full-time equivalent staffing levels, 

17 and the number of contract employees by office. 

18 SEC. 520. Section 532(a) of Public Law 109–295 (120 

19 Stat. 1384) is amended by striking ‘‘2008’’ and inserting 

20 ‘‘2009’’. 

21 SEC. 521. The functions of the Federal Law Enforce22 ment Training Center instructor staff shall be classified as 

23 inherently governmental for the purpose of the Federal Ac24 tivities Inventory Reform Act of 1998 (31 U.S.C. 501 note). 
269 

•HR 2638 EAH 

1 SEC. 522. (a) None of the funds provided by this or 

2 any other Act may be obligated for the development, testing, 

3 deployment, or operation of any portion of a human re4 sources management system authorized by 5 U.S.C. 

5 9701(a), or by regulations prescribed pursuant to such sec6 tion, for an employee as defined in 5 U.S.C. 7103(a)(2). 

7 (b) The Secretary of Homeland Security shall collabo8 rate with employee representatives in the manner prescribed 

9 in 5 U.S.C. 9701(e), in the planning, testing, and develop10 ment of any portion of a human resources management sys11 tem that is developed, tested, or deployed for persons ex12 cluded from the definition of employee as that term is de13 fined in 5 U.S.C. 7103(a)(2). 

14 SEC. 523. In fiscal year 2009, none of the funds made 

15 available in this or any other Act may be used to enforce 

16 section 4025(1) of Public Law 108–458 unless the Assistant 

17 Secretary of Homeland Security (Transportation Security 

18 Administration) reverses the determination of July 19, 

19 2007, that butane lighters are not a significant threat to 

20 civil aviation security. 

21 SEC. 524. Funds made available in this Act may be 

22 used to alter operations within the Civil Engineering Pro23 gram of the Coast Guard nationwide, including civil engi24 neering units, facilities design and construction centers, 

25 maintenance and logistics commands, and the Coast Guard 
270 

•HR 2638 EAH 

1 Academy, except that none of the funds provided in this 

2 Act may be used to reduce operations within any Civil En3 gineering Unit unless specifically authorized by a statute 

4 enacted after the date of the enactment of this Act. 

5 SEC. 525. (a) Except as provided in subsection (b), 

6 none of the funds appropriated in this or any other Act 

7 to the Office of the Secretary and Executive Management, 

8 the Office of the Under Secretary for Management, or the 

9 Office of the Chief Financial Officer, may be obligated for 

10 a grant or contract funded under such headings by a means 

11 other than full and open competition. 

12 (b) Subsection (a) does not apply to obligation of funds 

13 for a contract awarded— 

14 (1) by a means that is required by a Federal 

15 statute, including obligation for a purchase made 

16 under a mandated preferential program, such as the 

17 AbilityOne Program, that is authorized under the 

18 Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.); 

19 (2) under the Small Business Act (15 U.S.C. 631 

20 et seq.); 

21 (3) in an amount less than the simplified acqui22 sition threshold described under section 302A(a) of the 

23 Federal Property and Administrative Services Act of 

24 1949 (41 U.S.C. 252a(a)); or 
271 

•HR 2638 EAH 

1 (4) by another Federal agency using funds pro2 vided through an interagency agreement. 

3 (c)(1) Subject to paragraph (2), the Secretary of 

4 Homeland Security may waive the application of this sec5 tion for the award of a contract in the interest of national 

6 security or if failure to do so would pose a substantial risk 

7 to human health or welfare. 

8 (2) Not later than 5 days after the date on which the 

9 Secretary of Homeland Security issues a waiver under this 

10 subsection, the Secretary shall submit notification of that 

11 waiver to the Committees on Appropriations of the Senate 

12 and the House of Representatives, including a description 

13 of the applicable contract and an explanation of why the 

14 waiver authority was used. The Secretary may not delegate 

15 the authority to grant such a waiver. 

16 (d) In addition to the requirements established by this 

17 section, the Inspector General for the Department of Home18 land Security shall review departmental contracts awarded 

19 through other than full and open competition to assess de20 partmental compliance with applicable laws and regula21 tions: Provided, That the Inspector General shall review se22 lected contracts awarded in the previous fiscal year through 

23 other than full and open competition: Provided further, 

24 That in determining which contracts to review, the Inspec25 tor General shall consider the cost and complexity of the 
272 

•HR 2638 EAH 

1 goods and services to be provided under the contract, the 

2 criticality of the contract to fulfilling Department missions, 

3 past performance problems on similar contracts or by the 

4 selected vendor, complaints received about the award process 

5 or contractor performance, and such other factors as the In6 spector General deems relevant: Provided further, That the 

7 Inspector General shall report the results of the reviews to 

8 the Committees on Appropriations of the Senate and the 

9 House of Representatives. 

10 SEC. 526. None of the funds provided by this or pre11 vious appropriations Acts shall be used to fund any posi12 tion designated as a Principal Federal Official for any Rob13 ert T. Stafford Disaster Relief and Emergency Assistance 

14 Act (42 U.S.C. 5121 et seq.) declared disasters or emer15 gencies. 

16 SEC. 527. None of the funds made available in this 

17 Act may be used by United States Citizenship and Immi18 gration Services to grant an immigration benefit unless the 

19 results of background checks required by law to be completed 

20 prior to the granting of the benefit have been received by 

21 United States Citizenship and Immigration Services, and 

22 the results do not preclude the granting of the benefit. 

23 SEC. 528. None of the funds made available in this 

24 Act may be used to destroy or put out to pasture any horse 

25 or other equine belonging to the Federal Government that 
273 

•HR 2638 EAH 

1 has become unfit for service, unless the trainer or handler 

2 is first given the option to take possession of the equine 

3 through an adoption program that has safeguards against 

4 slaughter and inhumane treatment. 

5 SEC. 529. None of the funds provided in this Act shall 

6 be available to carry out section 872 of Public Law 107– 

7 296. 

8 SEC. 530. None of the funds provided in this Act under 

9 the heading ‘‘Office of the Chief Information Officer’’ shall 

10 be used for data center development other than for the Na11 tional Center for Critical Information Processing and Stor12 age until the Chief Information Officer certifies that the Na13 tional Center for Critical Information Processing and Stor14 age is fully utilized as the Department’s primary data stor15 age center at the highest capacity throughout the fiscal year. 

16 SEC. 531. None of the funds in this Act shall be used 

17 to reduce the United States Coast Guard’s Operations Sys18 tems Center mission or its government-employed or contract 

19 staff levels. 

20 SEC. 532. None of the funds appropriated by this Act 

21 may be used to conduct, or to implement the results of, a 

22 competition under Office of Management and Budget Cir23 cular A–76 for activities performed with respect to the Coast 

24 Guard National Vessel Documentation Center. 
274 

•HR 2638 EAH 

1 SEC. 533. The Secretary of Homeland Security shall 

2 require that all contracts of the Department of Homeland 

3 Security that provide award fees link such fees to successful 

4 acquisition outcomes (which outcomes shall be specified in 

5 terms of cost, schedule, and performance). 

6 SEC. 534. None of the funds made available to the Of7 fice of the Secretary and Executive Management under this 

8 Act may be expended for any new hires by the Department 

9 of Homeland Security that are not verified through the 

10 basic pilot program under section 401 of the Illegal Immi11 gration Reform and Immigrant Responsibility Act of 1996 

12 (8 U.S.C. 1324a note). 

13 SEC. 535. None of the funds made available in this 

14 Act for U.S. Customs and Border Protection may be used 

15 to prevent an individual not in the business of importing 

16 a prescription drug (within the meaning of section 801(g) 

17 of the Federal Food, Drug, and Cosmetic Act) from import18 ing a prescription drug from Canada that complies with 

19 the Federal Food, Drug, and Cosmetic Act: Provided, That 

20 this section shall apply only to individuals transporting on 

21 their person a personal-use quantity of the prescription 

22 drug, not to exceed a 90-day supply: Provided further, That 

23 the prescription drug may not be— 
275 

•HR 2638 EAH 

1 (1) a controlled substance, as defined in section 

2 102 of the Controlled Substances Act (21 U.S.C. 802); 

3 or 

4 (2) a biological product, as defined in section 

5 351 of the Public Health Service Act (42 U.S.C. 262). 

6 SEC. 536. None of the funds made available in this 

7 Act may be used by the Secretary of Homeland Security 

8 or any delegate of the Secretary to issue any rule or regula9 tion which implements the Notice of Proposed Rulemaking 

10 related to Petitions for Aliens To Perform Temporary Non11 agricultural Services or Labor (H–2B) set out beginning 

12 on 70 Fed. Reg. 3984 (January 27, 2005). 

13 SEC. 537. Section 831 of the Homeland Security Act 

14 of 2002 (6 U.S.C. 391) is amended— 

15 (1) in subsection (a), by striking ‘‘Until Sep16 tember 30, 2008,’’ and inserting ‘‘Until September 30, 

17 2009 and subject to subsection (d),’’; 

18 (2) by redesignating subsection (d) as subsection 

19 (e); and 

20 (3) by inserting after subsection (c) the fol21 lowing: 

22 ‘‘(d) ADDITIONAL REQUIREMENTS.— 

23 ‘‘(1) IN GENERAL.—The authority of the Sec24 retary under this section shall terminate September 

25 30, 2009, unless before that date the Secretary— 
276 

•HR 2638 EAH 

1 ‘‘(A) issues policy guidance detailing the 

2 appropriate use of that authority; and 

3 ‘‘(B) provides training to each employee 

4 that is authorized to exercise that authority. 

5 ‘‘(2) REPORT.—The Secretary shall provide an 

6 annual report to the Committees on Appropriations of 

7 the Senate and the House of Representatives, the 

8 Committee on Homeland Security and Governmental 

9 Affairs of the Senate, and the Committee on Home10 land Security of the House of Representatives detail11 ing the projects for which the authority granted by 

12 subsection (a) was used, the rationale for its use, the 

13 funds spent using that authority, the outcome of each 

14 project for which that authority was used, and the re15 sults of any audits of such projects.’’. 

16 SEC. 538. None of the funds made available in this 

17 Act may be used for planning, testing, piloting, or devel18 oping a national identification card. 

19 SEC. 539. (a) Notwithstanding any other provision of 

20 this Act, except as provided in subsection (b), and 30 days 

21 after the date that the President determines whether to de22 clare a major disaster because of an event and any appeal 

23 is completed, the Administrator shall submit to the Com24 mittee on Homeland Security and Governmental Affairs of 

25 the Senate, the Committee on Homeland Security of the 
277 

•HR 2638 EAH 

1 House of Representatives, the Committee on Transportation 

2 and Infrastructure of the House of Representatives, the 

3 Committees on Appropriations of the Senate and the House 

4 of Representatives, and publish on the website of the Federal 

5 Emergency Management Agency, a report regarding that 

6 decision, which shall summarize damage assessment infor7 mation used to determine whether to declare a major dis8 aster. 

9 (b) The Administrator may redact from a report under 

10 subsection (a) any data that the Administrator determines 

11 would compromise national security. 

12 (c) In this section— 

13 (1) the term ‘‘Administrator’’ means the Admin14 istrator of the Federal Emergency Management Agen15 cy; and 

16 (2) the term ‘‘major disaster’’ has the meaning 

17 given that term in section 102 of the Robert T. Staf18 ford Disaster Relief and Emergency Assistance Act 

19 (42 U.S.C. 5122). 

20 SEC. 540. Notwithstanding any other provision of law, 

21 should the Secretary of Homeland Security determine that 

22 the National Bio and Agro-defense Facility be located at 

23 a site other than Plum Island, New York, the Secretary 

24 shall liquidate the Plum Island asset by directing the Ad25 ministrator of General Services to sell through public sale 
278 

•HR 2638 EAH 

1 all real and related personal property and transportation 

2 assets which support Plum Island operations, subject to 

3 such terms and conditions as necessary to protect govern4 ment interests and meet program requirements: Provided, 

5 That the gross proceeds of such sale shall be deposited as 

6 offsetting collections into the Department of Homeland Se7 curity Science and Technology ‘‘Research, Development, Ac8 quisition, and Operations’’ account and, subject to appro9 priation, shall be available until expended, for site acquisi10 tion, construction, and costs related to the construction of 

11 the National Bio and Agro-defense Facility, including the 

12 costs associated with the sale, including due diligence re13 quirements, necessary environmental remediation at Plum 

14 Island, and reimbursement of expenses incurred by the Gen15 eral Services Administration which shall not exceed 1 per16 cent of the sale price: Provided further, That after the com17 pletion of construction and environmental remediation, the 

18 unexpended balances of funds appropriated for costs in the 

19 preceding proviso shall be available for transfer to the ap20 propriate account for design and construction of a consoli21 dated Department of Homeland Security Headquarters 

22 project, excluding daily operations and maintenance costs, 

23 notwithstanding section 503 of this Act, and the Committees 

24 on Appropriations of the Senate and the House of Rep25 resentatives shall be notified 15 days prior to such transfer. 
279 

•HR 2638 EAH 

1 SEC. 541. Any official that is required by this Act to 

2 report or certify to the Committees on Appropriations of 

3 the Senate and the House of Representatives may not dele4 gate such authority to perform that act unless specifically 

5 authorized herein. 

6 SEC. 542. The Secretary of Homeland Security, in 

7 consultation with the Secretary of the Treasury, shall notify 

8 the Committees on Appropriations of the Senate and the 

9 House of Representatives of any proposed transfers of funds 

10 available under 31 U.S.C. 9703.2(g)(4)(B) from the Depart11 ment of the Treasury Forfeiture Fund to any agency within 

12 the Department of Homeland Security: Provided, That none 

13 of the funds identified for such a transfer may be obligated 

14 until the Committees on Appropriations of the Senate and 

15 the House of Representatives approve the proposed trans16 fers. 

17 SEC. 543. Section 520 of Public Law 108–90 (6 U.S.C. 

18 469) is amended— 

19 (1) by inserting ‘‘(a) FEES.—’’ before ‘‘For fiscal 

20 year 2004 and thereafter’’; and 

21 (2) by adding at the end the following: 

22 ‘‘(b) RECURRENT TRAINING OF ALIENS IN OPERATION

23 OF AIRCRAFT.— 

24 ‘‘(1) PROCESS FOR REVIEWING THREAT ASSESS25 MENTS.—Notwithstanding section 44939(e) of title 49, 
280 

•HR 2638 EAH 

1 United States Code, the Secretary shall establish a 

2 process to ensure that an alien (as defined in section 

3 101(a)(3) of the Immigration and Nationality Act (8 

4 U.S.C. 1101(a)(3)) applying for recurrent training in 

5 the operation of any aircraft is properly identified 

6 and has not, since the time of any prior threat assess7 ment conducted pursuant to section 44939(a) of such 

8 title, become a risk to aviation or national security. 

9 ‘‘(2) INTERRUPTION OF TRAINING.—If the Sec10 retary determines, in carrying out the process estab11 lished under paragraph (1), that an alien is a present 

12 risk to aviation or national security, the Secretary 

13 shall immediately notify the person providing the 

14 training of the determination and that person shall 

15 not provide the training or if such training has com16 menced that person shall immediately terminate the 

17 training. 

18 ‘‘(3) FEES.—The Secretary may charge reason19 able fees under subsection (a) for providing 

20 credentialing and background investigations for 

21 aliens in connection with the process for recurrent 

22 training established under paragraph (1). Such fees 

23 shall be promulgated by notice in the Federal Reg24 ister.’’. 
281 

•HR 2638 EAH 

1 SEC. 544. (a) Not later than six months from the date 

2 of enactment of this Act, the Secretary of Homeland Secu3 rity shall consult with the Secretaries of Defense and Trans4 portation and develop a concept of operations for un5 manned aerial systems in the United States national air6 space system for the purposes of border and maritime secu7 rity operations. 

8 (b) The Secretary of Homeland Security shall report 

9 to the Committees on Appropriations of the Senate and the 

10 House of Representatives not later than 30 days after the 

11 date of enactment of this Act on any foreseeable challenges 

12 to complying with subsection (a). 

13 SEC. 545. If the Assistant Secretary of Homeland Se14 curity (Transportation Security Administration) deter15 mines that an airport does not need to participate in the 

16 basic pilot program, the Assistant Secretary shall certify 

17 to the Committees on Appropriations of the Senate and the 

18 House of Representatives that no security risks will result 

19 by such non-participation. 

20 SEC. 546. Notwithstanding any other provision of law, 

21 and not later than 30 days after the date of submission 

22 of a request for a single payment, the President shall pro23 vide a single payment for any eligible costs under section 

24 406 of the Robert T. Stafford Disaster Relief and Emer25 gency Assistance Act (42 U.S.C. 5172) for any police sta-
282 

•HR 2638 EAH 

1 tion, fire station, or criminal justice facility that was dam2 aged by Hurricane Katrina of 2005 or Hurricane Rita of 

3 2005: Provided, That the President shall not reduce the 

4 amount of assistance provided under section 406(c)(1) of 

5 the Robert T. Stafford Disaster Relief and Emergency As6 sistance Act (42 U.S.C. 5172(c)(1)) for such facilities: Pro7 vided further, That nothing in the previous proviso may 

8 be construed to alter the appeal or review process relating 

9 to assistance provided under section 406 of the Robert T. 

10 Stafford Disaster Relief and Emergency Assistance Act (42 

11 U.S.C. 5172): Provided further, That the President shall not 

12 reduce the amount of assistance provided to a local govern13 ment under section 406(d) of the Robert T. Stafford Dis14 aster Relief and Emergency Assistance Act (42 U.S.C. 

15 5172(d)) more than once for each such type of facility for 

16 which that local government is receiving assistance under 

17 section 406 of the Robert T. Stafford Disaster Relief and 

18 Emergency Assistance Act relating to Hurricane Katrina 

19 of 2005 or Hurricane Rita of 2005. 

20 SEC. 547. For grants to States pursuant to section 

21 204(a) of the REAL ID Act of 2005 (division B of Public 

22 Law 109–13), $50,000,000, to remain available until ex23 pended. In addition, for developing an information sharing 

24 and verification capability with States to support imple25 mentation of the REAL ID Act, $50,000,000, to remain 
283 

•HR 2638 EAH 

1 available until expended: Provided, That none of the funds 

2 provided in this section for development of the information 

3 sharing and verification system shall be available to create 

4 any new system of records from the data accessible by such 

5 information technology system, or to create any means of 

6 access by Federal agencies to such information technology 

7 system other than to fulfill responsibilities pursuant to the 

8 REAL ID Act of 2005. 

9 SEC. 548. Notwithstanding any other provision of law, 

10 the Federal Emergency Management Agency shall reim11 burse Jones County and Harrison County in the State of 

12 Mississippi under section 407 of the Robert T. Stafford Dis13 aster Relief and Emergency Assistance Act (42 U.S.C. 

14 5173) for unreimbursed costs relating to the removal of de15 bris that were incurred by such counties as a result of Hur16 ricane Katrina in 2005. 

17 SEC. 549. From the unobligated balances of prior year 

18 appropriations made available for Transportation Security 

19 Administration, $31,000,000 are rescinded: Provided, That 

20 the Transportation Security Administration shall not re21 scind any unobligated balances from the following pro22 grams: screener partnership program; explosives detection 

23 systems; checkpoint support; aviation regulation and other 

24 enforcement; air cargo; and air cargo research and develop25 ment. 
284 

•HR 2638 EAH 

1 SEC. 550. From the unobligated balances of prior year 

2 appropriations made available for ‘‘Analysis and Oper3 ations’’, $21,373,000 are rescinded. 

4 SEC. 551. From unobligated balances of prior year ap5 propriations made available for Coast Guard ‘‘Acquisition, 

6 Construction, and Improvements’’, $20,000,000 are re7 scinded: Provided, That no funds shall be rescinded from 

8 prior year appropriations provided for the National Secu9 rity Cutter or the Maritime Patrol Aircraft: Provided fur10 ther, That the Coast Guard shall submit notification in ac11 cordance with section 503 of this Act listing projects for 

12 which funding will be rescinded. 

13 SEC. 552. For fiscal year 2008, funds made available 

14 for Federal Emergency Management Agency ‘‘National 

15 Predisaster Mitigation Fund’’ shall be provided as detailed 

16 in the explanatory statement accompanying Public Law 

17 110–161. 

18 SEC. 553. Section 203(m) of the Robert T. Stafford 

19 Disaster Relief and Emergency Assistance Act (42 U.S.C. 

20 5133(m)) is amended by striking ‘‘September 30, 2008’’ and 

21 inserting ‘‘September 30, 2009’’. 

22 This division may be cited as the ‘‘Department of 

23 Homeland Security Appropriations Act, 2009’’. 
285 

•HR 2638 EAH 

1 DIVISION E—MILITARY CONSTRUCTION AND VET2 ERANS AFFAIRS AND RELATED AGENCIES 

3 APPROPRIATIONS ACT, 2009 

4 That the following sums are appropriated, out of any 

5 money in the Treasury not otherwise appropriated, for 

6 military construction, the Department of Veterans Affairs, 

7 and related agencies for the fiscal year ending September 

8 30, 2009, and for other purposes, namely: 

9 TITLE I 

10 DEPARTMENT OF DEFENSE 

11 MILITARY CONSTRUCTION, ARMY

12 (INCLUDING RESCISSIONS OF FUNDS)

13 For acquisition, construction, installation, and equip14 ment of temporary or permanent public works, military in15 stallations, facilities, and real property for the Army as 

16 currently authorized by law, including personnel in the 

17 Army Corps of Engineers and other personal services nec18 essary for the purposes of this appropriation, and for con19 struction and operation of facilities in support of the func20 tions of the Commander in Chief, $4,692,648,000, to remain 

21 available until September 30, 2013: Provided, That of this 

22 amount, not to exceed $178,685,000 shall be available for 

23 study, planning, design, architect and engineer services, 

24 and host nation support, as authorized by law, unless the 

25 Secretary of Defense determines that additional obligations 
286 

•HR 2638 EAH 

1 are necessary for such purposes and notifies the Committees 

2 on Appropriations of both Houses of Congress of the deter3 mination and the reasons therefor: Provided further, That 

4 the amount appropriated in this paragraph shall be for the 

5 projects and activities, and in the amounts, specified under 

6 the heading ‘‘Military Construction, Army’’, and under the 

7 headings ‘‘Army’’ in the table entitled ‘‘Military Construc8 tion’’, in the explanatory statement described in section 4 

9 (in the matter preceding division A of this consolidated 

10 Act): Provided further, That of the funds appropriated for 

11 ‘‘Military Construction, Army’’ under Public Law 110–5, 

12 $34,720,000 are hereby rescinded: Provided further, That 

13 of the funds appropriated for ‘‘Military Construction, 

14 Army’’ under Public Law 110–161, $16,600,000 are hereby 

15 rescinded. 

16 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

17 For acquisition, construction, installation, and equip18 ment of temporary or permanent public works, naval in19 stallations, facilities, and real property for the Navy and 

20 Marine Corps as currently authorized by law, including 

21 personnel in the Naval Facilities Engineering Command 

22 and other personal services necessary for the purposes of this 

23 appropriation, $3,333,369,000, to remain available until 

24 September 30, 2013: Provided, That of this amount, not to 

25 exceed $246,528,000 shall be available for study, planning, 
287 

•HR 2638 EAH 

1 design, and architect and engineer services, as authorized 

2 by law, unless the Secretary of Defense determines that ad3 ditional obligations are necessary for such purposes and no4 tifies the Committees on Appropriations of both Houses of 

5 Congress of the determination and the reasons therefor: Pro6 vided further, That the amount appropriated in this para7 graph shall be for the projects and activities, and in the 

8 amounts, specified under the heading ‘‘Military Construc9 tion, Navy and Marine Corps’’, and under the headings 

10 ‘‘Navy’’ in the table entitled ‘‘Military Construction’’, in 

11 the explanatory statement described in section 4 (in the 

12 matter preceding division A of this consolidated Act). 

13 MILITARY CONSTRUCTION, AIR FORCE

14 (INCLUDING RESCISSION OF FUNDS)

15 For acquisition, construction, installation, and equip16 ment of temporary or permanent public works, military in17 stallations, facilities, and real property for the Air Force 

18 as currently authorized by law, $1,117,746,000, to remain 

19 available until September 30, 2013: Provided, That of this 

20 amount, not to exceed $93,436,000 shall be available for 

21 study, planning, design, and architect and engineer serv22 ices, as authorized by law, unless the Secretary of Defense 

23 determines that additional obligations are necessary for 

24 such purposes and notifies the Committees on Appropria25 tions of both Houses of Congress of the determination and 
288 

•HR 2638 EAH 

1 the reasons therefor: Provided further, That the amount ap2 propriated in this paragraph shall be for the projects and 

3 activities, and in the amounts, specified under the heading 

4 ‘‘Military Construction, Air Force’’, and under the headings 

5 ‘‘Air Force’’ in the table entitled ‘‘Military Construction’’, 

6 in the explanatory statement described in section 4 (in the 

7 matter preceding division A of this consolidated Act): Pro8 vided further, That of the funds appropriated for ‘‘Military 

9 Construction, Air Force’’ under Public Law 110–161, 

10 $20,821,000 are hereby rescinded. 

11 MILITARY CONSTRUCTION, DEFENSE-WIDE

12 (INCLUDING TRANSFER AND RESCISSION OF FUNDS)

13 For acquisition, construction, installation, and equip14 ment of temporary or permanent public works, installa15 tions, facilities, and real property for activities and agen16 cies of the Department of Defense (other than the military 

17 departments), as currently authorized by law, 

18 $1,695,204,000, to remain available until September 30, 

19 2013: Provided, That such amounts of this appropriation 

20 as may be determined by the Secretary of Defense may be 

21 transferred to such appropriations of the Department of De22 fense available for military construction or family housing 

23 as the Secretary may designate, to be merged with and to 

24 be available for the same purposes, and for the same time 

25 period, as the appropriation or fund to which transferred: 
289 

•HR 2638 EAH 

1 Provided further, That of the amount appropriated, not to 

2 exceed $186,060,000 shall be available for study, planning, 

3 design, and architect and engineer services, as authorized 

4 by law, unless the Secretary of Defense determines that ad5 ditional obligations are necessary for such purposes and no6 tifies the Committees on Appropriations of both Houses of 

7 Congress of the determination and the reasons therefor: Pro8 vided further, That the amount appropriated in this para9 graph shall be for the projects and activities, and in the 

10 amounts, specified under the heading ‘‘Military Construc11 tion, Defense-Wide’’, and under the headings ‘‘Defense12 Wide’’ in the table entitled ‘‘Military Construction’’, in the 

13 explanatory statement described in section 4 (in the matter 

14 preceding division A of this consolidated Act): Provided fur15 ther, That of the funds appropriated for ‘‘Military Con16 struction, Defense-Wide’’ under Public Law 108–324, 

17 $3,589,000 are hereby rescinded: Provided further, That 

18 none of the funds appropriated under this heading may be 

19 obligated or expended for site activation or construction of 

20 a long-range missile defense system in a European country 

21 until the government of the country in which such missile 

22 defense system (including interceptors and associated ra23 dars) is proposed to be deployed has given final approval 

24 (including parliamentary ratification) to any missile de25 fense agreements negotiated between such government and 
290 

•HR 2638 EAH 

1 the United States Government concerning the proposed de2 ployment of such components in such country. 

3 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

4 (INCLUDING RESCISSION OF FUNDS)

5 For construction, acquisition, expansion, rehabilita6 tion, and conversion of facilities for the training and ad7 ministration of the Army National Guard, and contribu8 tions therefor, as authorized by chapter 1803 of title 10, 

9 United States Code, and Military Construction Authoriza10 tion Acts, $736,317,000, to remain available until Sep11 tember 30, 2013: Provided, That the amount appropriated 

12 in this paragraph shall be for the projects and activities, 

13 and in the amounts, specified under the heading ‘‘Military 

14 Construction, Army National Guard’’, and under the head15 ings ‘‘Army National Guard’’ in the table entitled ‘‘Mili16 tary Construction’’, in the explanatory statement described 

17 in section 4 (in the matter preceding division A of this con18 solidated Act): Provided further, That of the funds appro19 priated for ‘‘Military Construction, Army National Guard’’ 

20 under Public Law 110–161, $1,400,000 are hereby re21 scinded. 

22 MILITARY CONSTRUCTION, AIR NATIONAL GUARD

23 For construction, acquisition, expansion, rehabilita24 tion, and conversion of facilities for the training and ad25 ministration of the Air National Guard, and contributions 
291 

•HR 2638 EAH 

1 therefor, as authorized by chapter 1803 of title 10, United 

2 States Code, and Military Construction Authorization Acts, 

3 $242,924,000, to remain available until September 30, 

4 2013: Provided, That the amount appropriated in this 

5 paragraph shall be for the projects and activities, and in 

6 the amounts, specified under the heading ‘‘Military Con7 struction, Air National Guard’’, and under the headings 

8 ‘‘Air National Guard’’ in the table entitled ‘‘Military Con9 struction’’, in the explanatory statement described in sec10 tion 4 (in the matter preceding division A of this consoli11 dated Act). 

12 MILITARY CONSTRUCTION, ARMY RESERVE

13 For construction, acquisition, expansion, rehabilita14 tion, and conversion of facilities for the training and ad15 ministration of the Army Reserve as authorized by chapter 

16 1803 of title 10, United States Code, and Military Con17 struction Authorization Acts, $282,607,000, to remain 

18 available until September 30, 2013: Provided, That the 

19 amount appropriated in this paragraph shall be for the 

20 projects and activities, and in the amounts, specified under 

21 the heading ‘‘Military Construction, Army Reserve’’, and 

22 under the headings ‘‘Army Reserve’’ in the table entitled 

23 ‘‘Military Construction’’, in the explanatory statement de24 scribed in section 4 (in the matter preceding division A of 

25 this consolidated Act). 
292 

•HR 2638 EAH 

1 MILITARY CONSTRUCTION, NAVY RESERVE

2 For construction, acquisition, expansion, rehabilita3 tion, and conversion of facilities for the training and ad4 ministration of the reserve components of the Navy and Ma5 rine Corps as authorized by chapter 1803 of title 10, United 

6 States Code, and Military Construction Authorization Acts, 

7 $57,045,000, to remain available until September 30, 2013: 

8 Provided, That the amount appropriated in this paragraph 

9 shall be for the projects and activities, and in the amounts, 

10 specified under the heading ‘‘Military Construction, Navy 

11 Reserve’’, and under the headings ‘‘Navy Reserve’’ in the 

12 table entitled ‘‘Military Construction’’, in the explanatory 

13 statement described in section 4 (in the matter preceding 

14 division A of this consolidated Act). 

15 MILITARY CONSTRUCTION, AIR FORCE RESERVE

16 For construction, acquisition, expansion, rehabilita17 tion, and conversion of facilities for the training and ad18 ministration of the Air Force Reserve as authorized by 

19 chapter 1803 of title 10, United States Code, and Military 

20 Construction Authorization Acts, $36,958,000, to remain 

21 available until September 30, 2013: Provided, That the 

22 amount appropriated in this paragraph shall be for the 

23 projects and activities, and in the amounts, specified under 

24 the heading ‘‘Military Construction, Air Force Reserve’’, 

25 and under the headings ‘‘Air Force Reserve’’ in the table 
293 

•HR 2638 EAH 

1 entitled ‘‘Military Construction’’, in the explanatory state2 ment described in section 4 (in the matter preceding divi3 sion A of this consolidated Act). 

4 NORTH ATLANTIC TREATY ORGANIZATION

5 SECURITY INVESTMENT PROGRAM

6 For the United States share of the cost of the North 

7 Atlantic Treaty Organization Security Investment Pro8 gram for the acquisition and construction of military facili9 ties and installations (including international military 

10 headquarters) and for related expenses for the collective de11 fense of the North Atlantic Treaty Area as authorized by 

12 section 2806 of title 10, United States Code, and Military 

13 Construction Authorization Acts, $230,867,000, to remain 

14 available until expended. 

15 FAMILY HOUSING CONSTRUCTION, ARMY

16 For expenses of family housing for the Army for con17 struction, including acquisition, replacement, addition, ex18 pansion, extension, and alteration, as authorized by law, 

19 $646,580,000, to remain available until September 30, 

20 2013: Provided, That the amount appropriated in this 

21 paragraph shall be for the projects and activities, and in 

22 the amounts, specified under the heading ‘‘Family Housing 

23 Construction, Army’’, and under the heading ‘‘Family 

24 Housing Construction, Army’’ in the table entitled ‘‘Mili25 tary Construction’’, in the explanatory statement described 
294 

•HR 2638 EAH 

1 in section 4 (in the matter preceding division A of this con2 solidated Act). 

3 FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY

4 For expenses of family housing for the Army for oper5 ation and maintenance, including debt payment, leasing, 

6 minor construction, principal and interest charges, and in7 surance premiums, as authorized by law, $716,110,000. 

8 FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE

9 CORPS

10 For expenses of family housing for the Navy and Ma11 rine Corps for construction, including acquisition, replace12 ment, addition, expansion, extension, and alteration, as au13 thorized by law, $380,123,000, to remain available until 

14 September 30, 2013: Provided, That the amount appro15 priated in this paragraph shall be for the projects and ac16 tivities, and in the amounts, specified under the heading 

17 ‘‘Family Housing Construction, Navy and Marine Corps’’, 

18 and under the heading ‘‘Family Housing Construction, 

19 Navy and Marine Corps’’ in the table entitled ‘‘Military 

20 Construction’’, in the explanatory statement described in 

21 section 4 (in the matter preceding division A of this consoli22 dated Act). 
295 

•HR 2638 EAH 

1 FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY

2 AND MARINE CORPS

3 For expenses of family housing for the Navy and Ma4 rine Corps for operation and maintenance, including debt 

5 payment, leasing, minor construction, principal and inter6 est charges, and insurance premiums, as authorized by law, 

7 $376,062,000. 

8 FAMILY HOUSING CONSTRUCTION, AIR FORCE

9 For expenses of family housing for the Air Force for 

10 construction, including acquisition, replacement, addition, 

11 expansion, extension, and alteration, as authorized by law, 

12 $395,879,000, to remain available until September 30, 

13 2013: Provided, That the amount appropriated in this 

14 paragraph shall be for the projects and activities, and in 

15 the amounts, specified under the heading ‘‘Family Housing 

16 Construction, Air Force’’, and under the heading ‘‘Family 

17 Housing Construction, Air Force’’ in the table entitled 

18 ‘‘Military Construction’’, in the explanatory statement de19 scribed in section 4 (in the matter preceding division A of 

20 this consolidated Act). 

21 FAMILY HOUSING OPERATION AND MAINTENANCE, AIR

22 FORCE

23 For expenses of family housing for the Air Force for 

24 operation and maintenance, including debt payment, leas25 ing, minor construction, principal and interest charges, 
296 

•HR 2638 EAH 

1 and insurance premiums, as authorized by law, 

2 $594,465,000. 

3 FAMILY HOUSING OPERATION AND MAINTENANCE, 

4 DEFENSE-WIDE

5 For expenses of family housing for the activities and 

6 agencies of the Department of Defense (other than the mili7 tary departments) for operation and maintenance, leasing, 

8 and minor construction, as authorized by law, $49,231,000. 

9 DEPARTMENT OF DEFENSE FAMILY HOUSING

10 IMPROVEMENT FUND

11 For the Department of Defense Family Housing Im12 provement Fund, $850,000, to remain available until ex13 pended, for family housing initiatives undertaken pursuant 

14 to section 2883 of title 10, United States Code, providing 

15 alternative means of acquiring and improving military 

16 family housing and supporting facilities. 

17 HOMEOWNERS ASSISTANCE FUND

18 For the Homeowners Assistance Fund established by 

19 section 1013 of the Demonstration Cities and Metropolitan 

20 Development Act of 1966, as amended (42 U.S.C. 3374), 

21 $4,500,000, to remain available until expended. 

22 CHEMICAL DEMILITARIZATION CONSTRUCTION, DEFENSE23 WIDE

24 For expenses of construction, not otherwise provided 

25 for, necessary for the destruction of the United States stock-
297 

•HR 2638 EAH 

1 pile of lethal chemical agents and munitions in accordance 

2 with section 1412 of the Department of Defense Authoriza3 tion Act, 1986 (50 U.S.C. 1521), and for the destruction 

4 of other chemical warfare materials that are not in the 

5 chemical weapon stockpile, as currently authorized by law, 

6 $144,278,000, to remain available until September 30, 

7 2013, which shall be only for the Assembled Chemical Weap8 ons Alternatives program: Provided, That the amount ap9 propriated in this paragraph shall be for the projects and 

10 activities, and in the amounts, specified under the heading 

11 ‘‘Chemical Demilitarization Construction, Defense-Wide’’ 

12 in the table entitled ‘‘Military Construction’’ in the explan13 atory statement described in section 4 (in the matter pre14 ceding division A of this consolidated Act). 

15 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 1990 

16 For deposit into the Department of Defense Base Clo17 sure Account 1990, established by section 2906(a)(1) of the 

18 Defense Base Closure and Realignment Act of 1990 (10 

19 U.S.C. 2687 note), $458,377,000, to remain available until 

20 expended. 

21 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005 

22 For deposit into the Department of Defense Base Clo23 sure Account 2005, established by section 2906A(a)(1) of the 

24 Defense Base Closure and Realignment Act of 1990 (10 

25 U.S.C. 2687 note), $8,765,613,000, to remain available 
298 

•HR 2638 EAH 

1 until expended: Provided, That the Department of Defense 

2 shall notify the Committees on Appropriations of both 

3 Houses of Congress 14 days prior to obligating an amount 

4 for a construction project that exceeds or reduces the amount 

5 identified for that project in the most recently submitted 

6 budget request for this account by 20 percent or $2,000,000, 

7 whichever is less: Provided further, That the previous pro8 viso shall not apply to projects costing less than $5,000,000, 

9 except for those projects not previously identified in any 

10 budget submission for this account and exceeding the minor 

11 construction threshold under 10 U.S.C. 2805. 

12 ADMINISTRATIVE PROVISIONS

13 SEC. 101. None of the funds made available in this 

14 title shall be expended for payments under a cost-plus-a15 fixed-fee contract for construction, where cost estimates ex16 ceed $25,000, to be performed within the United States, ex17 cept Alaska, without the specific approval in writing of the 

18 Secretary of Defense setting forth the reasons therefor. 

19 SEC. 102. Funds made available in this title for con20 struction shall be available for hire of passenger motor vehi21 cles. 

22 SEC. 103. Funds made available in this title for con23 struction may be used for advances to the Federal Highway 

24 Administration, Department of Transportation, for the con25 struction of access roads as authorized by section 210 of 
299 

•HR 2638 EAH 

1 title 23, United States Code, when projects authorized there2 in are certified as important to the national defense by the 

3 Secretary of Defense. 

4 SEC. 104. None of the funds made available in this 

5 title may be used to begin construction of new bases in the 

6 United States for which specific appropriations have not 

7 been made. 

8 SEC. 105. None of the funds made available in this 

9 title shall be used for purchase of land or land easements 

10 in excess of 100 percent of the value as determined by the 

11 Army Corps of Engineers or the Naval Facilities Engineer12 ing Command, except: (1) where there is a determination 

13 of value by a Federal court; (2) purchases negotiated by 

14 the Attorney General or the designee of the Attorney Gen15 eral; (3) where the estimated value is less than $25,000; or 

16 (4) as otherwise determined by the Secretary of Defense to 

17 be in the public interest. 

18 SEC. 106. None of the funds made available in this 

19 title shall be used to: (1) acquire land; (2) provide for site 

20 preparation; or (3) install utilities for any family housing, 

21 except housing for which funds have been made available 

22 in annual Acts making appropriations for military con23 struction. 

24 SEC. 107. None of the funds made available in this 

25 title for minor construction may be used to transfer or relo-
300 

•HR 2638 EAH 

1 cate any activity from one base or installation to another, 

2 without prior notification to the Committees on Appropria3 tions of both Houses of Congress. 

4 SEC. 108. None of the funds made available in this 

5 title may be used for the procurement of steel for any con6 struction project or activity for which American steel pro7 ducers, fabricators, and manufacturers have been denied the 

8 opportunity to compete for such steel procurement. 

9 SEC. 109. None of the funds available to the Depart10 ment of Defense for military construction or family housing 

11 during the current fiscal year may be used to pay real prop12 erty taxes in any foreign nation. 

13 SEC. 110. None of the funds made available in this 

14 title may be used to initiate a new installation overseas 

15 without prior notification to the Committees on Appropria16 tions of both Houses of Congress. 

17 SEC. 111. None of the funds made available in this 

18 title may be obligated for architect and engineer contracts 

19 estimated by the Government to exceed $500,000 for projects 

20 to be accomplished in Japan, in any North Atlantic Treaty 

21 Organization member country, or in countries bordering the 

22 Arabian Sea, unless such contracts are awarded to United 

23 States firms or United States firms in joint venture with 

24 host nation firms. 
301 

•HR 2638 EAH 

1 SEC. 112. None of the funds made available in this 

2 title for military construction in the United States terri3 tories and possessions in the Pacific and on Kwajalein 

4 Atoll, or in countries bordering the Arabian Sea, may be 

5 used to award any contract estimated by the Government 

6 to exceed $1,000,000 to a foreign contractor: Provided, That 

7 this section shall not be applicable to contract awards for 

8 which the lowest responsive and responsible bid of a United 

9 States contractor exceeds the lowest responsive and respon10 sible bid of a foreign contractor by greater than 20 percent: 

11 Provided further, That this section shall not apply to con12 tract awards for military construction on Kwajalein Atoll 

13 for which the lowest responsive and responsible bid is sub14 mitted by a Marshallese contractor. 

15 SEC. 113. The Secretary of Defense is to inform the 

16 appropriate committees of both Houses of Congress, includ17 ing the Committees on Appropriations, of the plans and 

18 scope of any proposed military exercise involving United 

19 States personnel 30 days prior to its occurring, if amounts 

20 expended for construction, either temporary or permanent, 

21 are anticipated to exceed $100,000. 

22 SEC. 114. Not more than 20 percent of the funds made 

23 available in this title which are limited for obligation dur24 ing the current fiscal year shall be obligated during the last 

25 two months of the fiscal year. 
302 

•HR 2638 EAH 

1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 115. Funds appropriated to the Department of 

3 Defense for construction in prior years shall be available 

4 for construction authorized for each such military depart5 ment by the authorizations enacted into law during the cur6 rent session of Congress. 

7 SEC. 116. For military construction or family housing 

8 projects that are being completed with funds otherwise ex9 pired or lapsed for obligation, expired or lapsed funds may 

10 be used to pay the cost of associated supervision, inspection, 

11 overhead, engineering and design on those projects and on 

12 subsequent claims, if any. 

13 SEC. 117. Notwithstanding any other provision of law, 

14 any funds made available to a military department or de15 fense agency for the construction of military projects may 

16 be obligated for a military construction project or contract, 

17 or for any portion of such a project or contract, at any 

18 time before the end of the fourth fiscal year after the fiscal 

19 year for which funds for such project were made available, 

20 if the funds obligated for such project: (1) are obligated from 

21 funds available for military construction projects; and (2) 

22 do not exceed the amount appropriated for such project, 

23 plus any amount by which the cost of such project is in24 creased pursuant to law. 
303 

•HR 2638 EAH 

1 SEC. 118. (a) The Secretary of Defense, in consultation 

2 with the Secretary of State, shall submit to the Committees 

3 on Appropriations of both Houses of Congress, by February 

4 15 of each year, an annual report in unclassified and, if 

5 necessary, classified form, on actions taken by the Depart6 ment of Defense and the Department of State during the 

7 previous fiscal year to encourage host countries to assume 

8 a greater share of the common defense burden of such coun9 tries and the United States. 

10 (b) The report under subsection (a) shall include a de11 scription of— 

12 (1) attempts to secure cash and in-kind contribu13 tions from host countries for military construction 

14 projects; 

15 (2) attempts to achieve economic incentives of16 fered by host countries to encourage private invest17 ment for the benefit of the United States Armed 

18 Forces; 

19 (3) attempts to recover funds due to be paid to 

20 the United States by host countries for assets deeded 

21 or otherwise imparted to host countries upon the ces22 sation of United States operations at military instal23 lations; 
304 

•HR 2638 EAH 

1 (4) the amount spent by host countries on de2 fense, in dollars and in terms of the percent of gross 

3 domestic product (GDP) of the host country; and 

4 (5) for host countries that are members of the 

5 North Atlantic Treaty Organization (NATO), the 

6 amount contributed to NATO by host countries, in 

7 dollars and in terms of the percent of the total NATO 

8 budget. 

9 (c) In this section, the term ‘‘host country’’ means 

10 other member countries of NATO, Japan, South Korea, and 

11 United States allies bordering the Arabian Sea. 

12 (INCLUDING TRANSFER OF FUNDS)

13 SEC. 119. In addition to any other transfer authority 

14 available to the Department of Defense, proceeds deposited 

15 to the Department of Defense Base Closure Account estab16 lished by section 207(a)(1) of the Defense Authorization 

17 Amendments and Base Closure and Realignment Act (10 

18 U.S.C. 2687 note) pursuant to section 207(a)(2)(C) of such 

19 Act, may be transferred to the account established by section 

20 2906(a)(1) of the Defense Base Closure and Realignment 

21 Act of 1990 (10 U.S.C. 2687 note), to be merged with, and 

22 to be available for the same purposes and the same time 

23 period as that account. 

24 (INCLUDING TRANSFER OF FUNDS)

25 SEC. 120. Subject to 30 days prior notification, or 14 

26 days for a notification provided in an electronic medium 
305 

•HR 2638 EAH 

1 pursuant to sections 480 and 2883, of title 10, United 

2 States Code, to the Committees on Appropriations of both 

3 Houses of Congress, such additional amounts as may be de4 termined by the Secretary of Defense may be transferred 

5 to: (1) the Department of Defense Family Housing Im6 provement Fund from amounts appropriated for construc7 tion in ‘‘Family Housing’’ accounts, to be merged with and 

8 to be available for the same purposes and for the same pe9 riod of time as amounts appropriated directly to the Fund; 

10 or (2) the Department of Defense Military Unaccompanied 

11 Housing Improvement Fund from amounts appropriated 

12 for construction of military unaccompanied housing in 

13 ‘‘Military Construction’’ accounts, to be merged with and 

14 to be available for the same purposes and for the same pe15 riod of time as amounts appropriated directly to the Fund: 

16 Provided, That appropriations made available to the Funds 

17 shall be available to cover the costs, as defined in section 

18 502(5) of the Congressional Budget Act of 1974, of direct 

19 loans or loan guarantees issued by the Department of De20 fense pursuant to the provisions of subchapter IV of chapter 

21 169 of title 10, United States Code, pertaining to alter22 native means of acquiring and improving military family 

23 housing, military unaccompanied housing, and supporting 

24 facilities. 
306 

•HR 2638 EAH 

1 SEC. 121. (a) Not later than 60 days before issuing 

2 any solicitation for a contract with the private sector for 

3 military family housing the Secretary of the military de4 partment concerned shall submit to the Committees on Ap5 propriations of both Houses of Congress the notice described 

6 in subsection (b). 

7 (b)(1) A notice referred to in subsection (a) is a notice 

8 of any guarantee (including the making of mortgage or 

9 rental payments) proposed to be made by the Secretary to 

10 the private party under the contract involved in the event 

11 of— 

12 (A) the closure or realignment of the installation 

13 for which housing is provided under the contract; 

14 (B) a reduction in force of units stationed at 

15 such installation; or 

16 (C) the extended deployment overseas of units 

17 stationed at such installation. 

18 (2) Each notice under this subsection shall specify the 

19 nature of the guarantee involved and assess the extent and 

20 likelihood, if any, of the liability of the Federal Government 

21 with respect to the guarantee. 

22 (INCLUDING TRANSFER OF FUNDS)

23 SEC. 122. In addition to any other transfer authority 

24 available to the Department of Defense, amounts may be 

25 transferred from the accounts established by sections 

26 2906(a)(1) and 2906A(a)(1) of the Defense Base Closure 
307 

•HR 2638 EAH 

1 and Realignment Act of 1990 (10 U.S.C. 2687 note), to the 

2 fund established by section 1013(d) of the Demonstration 

3 Cities and Metropolitan Development Act of 1966 (42 

4 U.S.C. 3374) to pay for expenses associated with the Home5 owners Assistance Program. Any amounts transferred shall 

6 be merged with and be available for the same purposes and 

7 for the same time period as the fund to which transferred. 

8 SEC. 123. Notwithstanding any other provision of law, 

9 funds made available in this title for operation and mainte10 nance of family housing shall be the exclusive source of 

11 funds for repair and maintenance of all family housing 

12 units, including general or flag officer quarters: Provided, 

13 That not more than $35,000 per unit may be spent annu14 ally for the maintenance and repair of any general or flag 

15 officer quarters without 30 days prior notification to the 

16 Committees on Appropriations of both Houses of Congress, 

17 except that an after-the-fact notification shall be submitted 

18 if the limitation is exceeded solely due to costs associated 

19 with environmental remediation that could not be reason20 ably anticipated at the time of the budget submission: Pro21 vided further, That the Under Secretary of Defense (Comp22 troller) is to report annually to the Committees on Appro23 priations of both Houses of Congress all operation and 

24 maintenance expenditures for each individual general or 

25 flag officer quarters for the prior fiscal year. 
308 

•HR 2638 EAH 

1 SEC. 124. Amounts contained in the Ford Island Im2 provement Account established by subsection (h) of section 

3 2814 of title 10, United States Code, are appropriated and 

4 shall be available until expended for the purposes specified 

5 in subsection (i)(1) of such section or until transferred pur6 suant to subsection (i)(3) of such section. 

7 (INCLUDING TRANSFER OF FUNDS)

8 SEC. 125. None of the funds made available in this 

9 title, or in any Act making appropriations for military 

10 construction which remain available for obligation, may be 

11 obligated or expended to carry out a military construction, 

12 land acquisition, or family housing project at or for a mili13 tary installation approved for closure, or at a military in14 stallation for the purposes of supporting a function that has 

15 been approved for realignment to another installation, in 

16 2005 under the Defense Base Closure and Realignment Act 

17 of 1990 (part A of title XXIX of Public Law 101–510; 10 

18 U.S.C. 2687 note), unless such a project at a military in19 stallation approved for realignment will support a con20 tinuing mission or function at that installation or a new 

21 mission or function that is planned for that installation, 

22 or unless the Secretary of Defense certifies that the cost to 

23 the United States of carrying out such project would be less 

24 than the cost to the United States of cancelling such project, 

25 or if the project is at an active component base that shall 

26 be established as an enclave or in the case of projects having 
309 

•HR 2638 EAH 

1 multi-agency use, that another Government agency has in2 dicated it will assume ownership of the completed project. 

3 The Secretary of Defense may not transfer funds made 

4 available as a result of this limitation from any military 

5 construction project, land acquisition, or family housing 

6 project to another account or use such funds for another 

7 purpose or project without the prior approval of the Com8 mittees on Appropriations of both Houses of Congress. This 

9 section shall not apply to military construction projects, 

10 land acquisition, or family housing projects for which the 

11 project is vital to the national security or the protection 

12 of health, safety, or environmental quality: Provided, That 

13 the Secretary of Defense shall notify the congressional de14 fense committees within seven days of a decision to carry 

15 out such a military construction project. 

16 (INCLUDING TRANSFER OF FUNDS)

17 SEC. 126. During the 5-year period after appropria18 tions available in this Act to the Department of Defense 

19 for military construction and family housing operation and 

20 maintenance and construction have expired for obligation, 

21 upon a determination that such appropriations will not be 

22 necessary for the liquidation of obligations or for making 

23 authorized adjustments to such appropriations for obliga24 tions incurred during the period of availability of such ap25 propriations, unobligated balances of such appropriations 

26 may be transferred into the appropriation ‘‘Foreign Cur-
310 

•HR 2638 EAH 

1 rency Fluctuations, Construction, Defense’’, to be merged 

2 with and to be available for the same time period and for 

3 the same purposes as the appropriation to which trans4 ferred. 

5 SEC. 127. None of the funds appropriated or otherwise 

6 made available in this title may be used for any action 

7 that is related to or promotes the expansion of the bound8 aries or size of the Pinon Canyon Maneuver Site, Colorado. 

9 SEC. 128. Amounts appropriated or otherwise made 

10 available in an account funded under the headings in this 

11 title may be transferred among projects and activities with12 in that account in accordance with the reprogramming 

13 guidelines for military construction and family housing 

14 construction contained in the explanatory statement de15 scribed in section 4 (in the matter preceding division A of 

16 this consolidated Act), and in the guidance for military 

17 construction reprogrammings and notifications contained 

18 in Department of Defense Financial Management Regula19 tion 7000.14–R, Volume 3, Chapter 7, of December 1996, 

20 as in effect on the date of enactment of this Act. 

21 (INCLUDING TRANSFER OF FUNDS)

22 SEC. 129. (a) Of the amount appropriated or otherwise 

23 made available by this Act for the Department of Defense 

24 under the heading ‘‘Military Construction, Air Force’’ and 

25 available for planning and design, the Secretary of the Air 

26 Force shall, in accordance with section 1535 of title 31, 
311 

•HR 2638 EAH 

1 United States Code, transfer $500,000 to the American Bat2 tle Monuments Commission to conduct an engineering 

3 study on the restoration of the Lafayette Escadrille Memo4 rial in Marnes-La-Coquette, France. 

5 (b) The study conducted pursuant to subsection (a) 

6 shall include: 

7 (1) an estimate of costs to be incurred to restore 

8 the structure, features, landscaped grounds and care9 taker’s quarters of the Lafayette Escadrille Memorial 

10 to standards similar to memorials and burial grounds 

11 administered by the American Battle Monuments 

12 Commission; and 

13 (2) an estimate of annual costs for the long-term 

14 preservation, maintenance, and operation of the me15 morial under those standards. 

16 (c) The amount transferred under subsection (a) shall 

17 remain available until expended. 

18 SEC. 130. Of the funds provided for ‘‘Family Housing 

19 Construction, Defense-Wide’’ under Public Law 110–5, 

20 $6,040,000 are hereby rescinded. 

21 SEC. 131. In addition to amounts otherwise appro22 priated or made available under the heading ‘‘Military 

23 Construction, Air National Guard’’, there is hereby appro24 priated an additional $28,000,000, to remain available 

25 until September 30, 2013, for the construction of Air Na-
312 

•HR 2638 EAH 

1 tional Guard fire stations: Provided, That notwithstanding 

2 any other provision of law, such funds may be obligated 

3 and expended to carry out planning and design and con4 struction not otherwise authorized by law: Provided further, 

5 That within 30 days of enactment of this Act, and prior 

6 to obligation of funds, the Air National Guard shall submit 

7 to the Committees on Appropriations of both Houses of Con8 gress an expenditure plan for funds provided under this sec9 tion. 

10 SEC. 132. In addition to amounts otherwise appro11 priated or made available under the heading ‘‘Military 

12 Construction, Army National Guard’’, there is hereby ap13 propriated an additional $147,000,000 to remain available 

14 until September 30, 2013, for the construction of facilities 

15 consistent with Army National Guard emerging require16 ments: Provided, That notwithstanding any other provision 

17 of law, such funds may be obligated and expended to carry 

18 out planning and design and construction not otherwise au19 thorized by law: Provided further, That within 30 days of 

20 enactment of this Act, and prior to obligation of funds, the 

21 Director of the Army National Guard shall submit to the 

22 Committees on Appropriations of both Houses of Congress 

23 an expenditure plan for funds provided under this section. 
313 

•HR 2638 EAH 

1 TITLE II 

2 DEPARTMENT OF VETERANS AFFAIRS 

3 VETERANS BENEFITS ADMINISTRATION

4 COMPENSATION AND PENSIONS

5 (INCLUDING TRANSFER OF FUNDS)

6 For the payment of compensation benefits to or on be7 half of veterans and a pilot program for disability examina8 tions as authorized by section 107 and chapters 11, 13, 18, 

9 51, 53, 55, and 61 of title 38, United States Code; pension 

10 benefits to or on behalf of veterans as authorized by chapters 

11 15, 51, 53, 55, and 61 of title 38, United States Code; and 

12 burial benefits, the Reinstated Entitlement Program for 

13 Survivors, emergency and other officers’ retirement pay, ad14 justed-service credits and certificates, payment of premiums 

15 due on commercial life insurance policies guaranteed under 

16 the provisions of title IV of the Servicemembers Civil Relief 

17 Act (50 U.S.C. App. 541 et seq.) and for other benefits as 

18 authorized by sections 107, 1312, 1977, and 2106, and 

19 chapters 23, 51, 53, 55, and 61 of title 38, United States 

20 Code, $43,111,681,000, to remain available until expended: 

21 Provided, That not to exceed $26,798,000 of the amount ap22 propriated under this heading shall be reimbursed to ‘‘Gen23 eral operating expenses’’, ‘‘Medical support and compli24 ance’’, and ‘‘Information technology systems’’ for necessary 

25 expenses in implementing the provisions of chapters 51, 53, 

26 and 55 of title 38, United States Code, the funding source 
314 

•HR 2638 EAH 

1 for which is specifically provided as the ‘‘Compensation and 

2 pensions’’ appropriation: Provided further, That such sums 

3 as may be earned on an actual qualifying patient basis, 

4 shall be reimbursed to ‘‘Medical care collections fund’’ to 

5 augment the funding of individual medical facilities for 

6 nursing home care provided to pensioners as authorized. 

7 READJUSTMENT BENEFITS

8 For the payment of readjustment and rehabilitation 

9 benefits to or on behalf of veterans as authorized by chapters 

10 21, 30, 31, 33, 34, 35, 36, 39, 51, 53, 55, and 61 of title 

11 38, United States Code, $3,832,944,000, to remain available 

12 until expended: Provided, That expenses for rehabilitation 

13 program services and assistance which the Secretary is au14 thorized to provide under subsection (a) of section 3104 of 

15 title 38, United States Code, other than under paragraphs 

16 (1), (2), (5), and (11) of that subsection, shall be charged 

17 to this account. 

18 VETERANS INSURANCE AND INDEMNITIES

19 For military and naval insurance, national service life 

20 insurance, servicemen’s indemnities, service-disabled vet21 erans insurance, and veterans mortgage life insurance as 

22 authorized by title 38, United States Code, chapters 19 and 

23 21, $42,300,000, to remain available until expended. 

24 VETERANS HOUSING BENEFIT PROGRAM FUND

25 For the cost of direct and guaranteed loans, such sums 

26 as may be necessary to carry out the program, as authorized 
315 

•HR 2638 EAH 

1 by subchapters I through III of chapter 37 of title 38, 

2 United States Code: Provided, That such costs, including 

3 the cost of modifying such loans, shall be as defined in sec4 tion 502 of the Congressional Budget Act of 1974: Provided 

5 further, That during fiscal year 2009, within the resources 

6 available, not to exceed $500,000 in gross obligations for 

7 direct loans are authorized for specially adapted housing 

8 loans. 

9 In addition, for administrative expenses to carry out 

10 the direct and guaranteed loan programs, $157,210,000. 

11 VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

12 (INCLUDING TRANSFER OF FUNDS)

13 For the cost of direct loans, $61,000, as authorized by 

14 chapter 31 of title 38, United States Code: Provided, That 

15 such costs, including the cost of modifying such loans, shall 

16 be as defined in section 502 of the Congressional Budget 

17 Act of 1974: Provided further, That funds made available 

18 under this heading are available to subsidize gross obliga19 tions for the principal amount of direct loans not to exceed 

20 $3,180,000. 

21 In addition, for administrative expenses necessary to 

22 carry out the direct loan program, $320,000, which may 

23 be paid to the appropriation for ‘‘General operating ex24 penses’’. 
316 

•HR 2638 EAH 

1 NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM

2 ACCOUNT

3 For administrative expenses to carry out the direct 

4 loan program authorized by subchapter V of chapter 37 of 

5 title 38, United States Code, $646,000. 

6 GUARANTEED TRANSITIONAL HOUSING LOANS FOR

7 HOMELESS VETERANS PROGRAM ACCOUNT

8 For the administrative expenses to carry out the guar9 anteed transitional housing loan program authorized by 

10 subchapter VI of chapter 20 of title 38, United States Code, 

11 not to exceed $750,000 of the amounts appropriated by this 

12 Act for ‘‘General operating expenses’’ and ‘‘Medical support 

13 and compliance’’ may be expended. 

14 VETERANS HEALTH ADMINISTRATION

15 MEDICAL SERVICES

16 (INCLUDING TRANSFER OF FUNDS)

17 For necessary expenses for furnishing, as authorized 

18 by law, inpatient and outpatient care and treatment to 

19 beneficiaries of the Department of Veterans Affairs and vet20 erans described in section 1705(a) of title 38, United States 

21 Code, including care and treatment in facilities not under 

22 the jurisdiction of the Department, and including medical 

23 supplies and equipment, food services, and salaries and ex24 penses of health-care employees hired under title 38, United 

25 States Code, and aid to State homes as authorized by sec26 tion 1741 of title 38, United States Code; $30,969,903,000, 
317 

•HR 2638 EAH 

1 plus reimbursements, of which not less than $3,800,000,000 

2 shall be expended for specialty mental health care and of 

3 which $250,000,000 shall be for establishment and imple4 mentation of a new rural health outreach and delivery ini5 tiative: Provided, That of the funds made available under 

6 this heading, not to exceed $1,600,000,000 shall be available 

7 until September 30, 2010: Provided further, That, notwith8 standing any other provision of law, the Secretary of Vet9 erans Affairs shall establish a priority for the provision of 

10 medical treatment for veterans who have service-connected 

11 disabilities, lower income, or have special needs: Provided 

12 further, That, notwithstanding any other provision of law, 

13 the Secretary of Veterans Affairs shall give priority funding 

14 for the provision of basic medical benefits to veterans in 

15 enrollment priority groups 1 through 6: Provided further, 

16 That, notwithstanding any other provision of law, the Sec17 retary of Veterans Affairs may authorize the dispensing of 

18 prescription drugs from Veterans Health Administration 

19 facilities to enrolled veterans with privately written pre20 scriptions based on requirements established by the Sec21 retary: Provided further, That the implementation of the 

22 program described in the previous proviso shall incur no 

23 additional cost to the Department of Veterans Affairs: Pro24 vided further, That for the Department of Defense/Depart25 ment of Veterans Affairs Health Care Sharing Incentive 
318 

•HR 2638 EAH 

1 Fund, as authorized by section 8111(d) of title 38, United 

2 States Code, a minimum of $15,000,000, to remain avail3 able until expended, for any purpose authorized by section 

4 8111 of title 38, United States Code. 

5 MEDICAL SUPPORT AND COMPLIANCE

6 For necessary expenses in the administration of the 

7 medical, hospital, nursing home, domiciliary, construction, 

8 supply, and research activities, as authorized by law; ad9 ministrative expenses in support of capital policy activities; 

10 and administrative and legal expenses of the Department 

11 for collecting and recovering amounts owed the Department 

12 as authorized under chapter 17 of title 38, United States 

13 Code, and the Federal Medical Care Recovery Act (42 

14 U.S.C. 2651 et seq.): $4,450,000,000, plus reimbursements, 

15 of which $250,000,000 shall be available until September 

16 30, 2010. 

17 MEDICAL FACILITIES

18 For necessary expenses for the maintenance and oper19 ation of hospitals, nursing homes, and domiciliary facilities 

20 and other necessary facilities of the Veterans Health Admin21 istration; for administrative expenses in support of plan22 ning, design, project management, real property acquisition 

23 and disposition, construction, and renovation of any facil24 ity under the jurisdiction or for the use of the Department; 

25 for oversight, engineering, and architectural activities not 

26 charged to project costs; for repairing, altering, improving, 
319 

•HR 2638 EAH 

1 or providing facilities in the several hospitals and homes 

2 under the jurisdiction of the Department, not otherwise pro3 vided for, either by contract or by the hire of temporary 

4 employees and purchase of materials; for leases of facilities; 

5 and for laundry services, $5,029,000,000, plus reimburse6 ments, of which $350,000,000 shall be available until Sep7 tember 30, 2010: Provided, That $300,000,000 for non-re8 curring maintenance provided under this heading shall be 

9 allocated in a manner not subject to the Veterans Equitable 

10 Resource Allocation. 

11 MEDICAL AND PROSTHETIC RESEARCH

12 For necessary expenses in carrying out programs of 

13 medical and prosthetic research and development as author14 ized by chapter 73 of title 38, United States Code, 

15 $510,000,000, plus reimbursements, to remain available 

16 until September 30, 2010. 

17 NATIONAL CEMETERY ADMINISTRATION

18 For necessary expenses of the National Cemetery Ad19 ministration for operations and maintenance, not otherwise 

20 provided for, including uniforms or allowances therefor; 

21 cemeterial expenses as authorized by law; purchase of one 

22 passenger motor vehicle for use in cemeterial operations; 

23 hire of passenger motor vehicles; and repair, alteration or 

24 improvement of facilities under the jurisdiction of the Na25 tional Cemetery Administration, $230,000,000, of which 
320 

•HR 2638 EAH 

1 not to exceed $23,000,000 shall be available until September 

2 30, 2010. 

3 DEPARTMENTAL ADMINISTRATION

4 GENERAL OPERATING EXPENSES

5 For necessary operating expenses of the Department of 

6 Veterans Affairs, not otherwise provided for, including ad7 ministrative expenses in support of Department-Wide cap8 ital planning, management and policy activities, uniforms, 

9 or allowances therefor; not to exceed $25,000 for official re10 ception and representation expenses; hire of passenger 

11 motor vehicles; and reimbursement of the General Services 

12 Administration for security guard services, and the Depart13 ment of Defense for the cost of overseas employee mail, 

14 $1,801,867,000: Provided, That expenses for services and as15 sistance authorized under paragraphs (1), (2), (5), and (11) 

16 of section 3104(a) of title 38, United States Code, that the 

17 Secretary of Veterans Affairs determines are necessary to 

18 enable entitled veterans: (1) to the maximum extent feasible, 

19 to become employable and to obtain and maintain suitable 

20 employment; or (2) to achieve maximum independence in 

21 daily living, shall be charged to this account: Provided fur22 ther, That the Veterans Benefits Administration shall be 

23 funded at not less than $1,466,095,000: Provided further, 

24 That of the funds made available under this heading, not 

25 to exceed $83,000,000 shall be available for obligation until 
321 

•HR 2638 EAH 

1 September 30, 2010: Provided further, That from the funds 

2 made available under this heading, the Veterans Benefits 

3 Administration may purchase (on a one-for-one replace4 ment basis only) up to two passenger motor vehicles for use 

5 in operations of that Administration in Manila, Phil6 ippines. 

7 INFORMATION TECHNOLOGY SYSTEMS

8 For necessary expenses for information technology sys9 tems and telecommunications support, including develop10 mental information systems and operational information 

11 systems; for pay and associated costs; and for the capital 

12 asset acquisition of information technology systems, includ13 ing management and related contractual costs of said ac14 quisitions, including contractual costs associated with oper15 ations authorized by section 3109 of title 5, United States 

16 Code, $2,489,391,000, plus reimbursements, to be available 

17 until September 30, 2010: Provided, That of the funds made 

18 available under this heading, not less than $48,000,000 

19 shall be for the Financial and Logistics Integrated Tech20 nology Enterprise program: Provided further, That none of 

21 these funds may be obligated until the Department of Vet22 erans Affairs submits to the Committees on Appropriations 

23 of both Houses of Congress, and such Committees approve, 

24 a plan for expenditure that: (1) meets the capital planning 

25 and investment control review requirements established by 

26 the Office of Management and Budget; (2) complies with 
322 

•HR 2638 EAH 

1 the Department of Veterans Affairs enterprise architecture; 

2 (3) conforms with an established enterprise life cycle meth3 odology; and (4) complies with the acquisition rules, re4 quirements, guidelines, and systems acquisition manage5 ment practices of the Federal Government: Provided further, 

6 That within 30 days of enactment of this Act, the Secretary 

7 of Veterans Affairs shall submit to the Committees on Ap8 propriations of both Houses of Congress a reprogramming 

9 base letter which provides, by project, the costs included in 

10 this appropriation. 

11 OFFICE OF INSPECTOR GENERAL

12 For necessary expenses of the Office of Inspector Gen13 eral, to include information technology, in carrying out the 

14 provisions of the Inspector General Act of 1978 (5 U.S.C. 

15 App.), $87,818,000, of which $5,000,000 shall be available 

16 until September 30, 2010. 

17 CONSTRUCTION, MAJOR PROJECTS

18 For constructing, altering, extending, and improving 

19 any of the facilities, including parking projects, under the 

20 jurisdiction or for the use of the Department of Veterans 

21 Affairs, or for any of the purposes set forth in sections 316, 

22 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122 

23 of title 38, United States Code, including planning, archi24 tectural and engineering services, construction management 

25 services, maintenance or guarantee period services costs as26 sociated with equipment guarantees provided under the 
323 

•HR 2638 EAH 

1 project, services of claims analysts, offsite utility and storm 

2 drainage system construction costs, and site acquisition, 

3 where the estimated cost of a project is more than the 

4 amount set forth in section 8104(a)(3)(A) of title 38, United 

5 States Code, or where funds for a project were made avail6 able in a previous major project appropriation, 

7 $923,382,000, to remain available until expended, of which 

8 $10,000,000 shall be to make reimbursements as provided 

9 in section 13 of the Contract Disputes Act of 1978 (41 

10 U.S.C. 612) for claims paid for contract disputes: Provided, 

11 That except for advance planning activities, including 

12 needs assessments which may or may not lead to capital 

13 investments, and other capital asset management related 

14 activities, including portfolio development and management 

15 activities, and investment strategy studies funded through 

16 the advance planning fund and the planning and design 

17 activities funded through the design fund, including needs 

18 assessments which may or may not lead to capital invest19 ments, and funds provided for the purchase of land for the 

20 National Cemetery Administration through the land acqui21 sition line item, none of the funds appropriated under this 

22 heading shall be used for any project which has not been 

23 approved by the Congress in the budgetary process: Pro24 vided further, That funds provided in this appropriation 

25 for fiscal year 2009, for each approved project shall be obli-
324 

•HR 2638 EAH 

1 gated: (1) by the awarding of a construction documents con2 tract by September 30, 2009; and (2) by the awarding of 

3 a construction contract by September 30, 2010: Provided 

4 further, That the Secretary of Veterans Affairs shall 

5 promptly submit to the Committees on Appropriations of 

6 both Houses of Congress a written report on any approved 

7 major construction project for which obligations are not in8 curred within the time limitations established above: Pro9 vided further, That of the amount appropriated in this 

10 paragraph, $923,382,000 shall be for the projects and ac11 tivities, and in the amounts, specified under this heading 

12 in the explanatory statement described in section 4 (in the 

13 matter preceding division A of this consolidated Act). 

14 CONSTRUCTION, MINOR PROJECTS

15 For constructing, altering, extending, and improving 

16 any of the facilities, including parking projects, under the 

17 jurisdiction or for the use of the Department of Veterans 

18 Affairs, including planning and assessments of needs which 

19 may lead to capital investments, architectural and engi20 neering services, maintenance or guarantee period services 

21 costs associated with equipment guarantees provided under 

22 the project, services of claims analysts, offsite utility and 

23 storm drainage system construction costs, and site acquisi24 tion, or for any of the purposes set forth in sections 316, 

25 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, 8122, and 

26 8162 of title 38, United States Code, where the estimated 
325 

•HR 2638 EAH 

1 cost of a project is equal to or less than the amount set 

2 forth in section 8104(a)(3)(A) of title 38, United States 

3 Code, $741,534,000, to remain available until expended, 

4 along with unobligated balances of previous ‘‘Construction, 

5 minor projects’’ appropriations which are hereby made 

6 available for any project where the estimated cost is equal 

7 to or less than the amount set forth in such section: Pro8 vided, That funds in this account shall be available for: (1) 

9 repairs to any of the nonmedical facilities under the juris10 diction or for the use of the Department which are necessary 

11 because of loss or damage caused by any natural disaster 

12 or catastrophe; and (2) temporary measures necessary to 

13 prevent or to minimize further loss by such causes: Provided 

14 further: That $7,000,000 of the amount appropriated in this 

15 paragraph shall be for the installation of alternative fueling 

16 stations at 35 medical facility campuses. 

17 GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE

18 FACILITIES

19 For grants to assist States to acquire or construct 

20 State nursing home and domiciliary facilities and to re21 model, modify, or alter existing hospital, nursing home, and 

22 domiciliary facilities in State homes, for furnishing care 

23 to veterans as authorized by sections 8131 through 8137 of 

24 title 38, United States Code, $175,000,000, to remain avail25 able until expended. 
326 

•HR 2638 EAH 

1 GRANTS FOR CONSTRUCTION OF STATE VETERANS

2 CEMETERIES

3 For grants to assist States in establishing, expanding, 

4 or improving State veterans cemeteries as authorized by sec5 tion 2408 of title 38, United States Code, $42,000,000, to 

6 remain available until expended. 

7 ADMINISTRATIVE PROVISIONS

8 (INCLUDING TRANSFER OF FUNDS)

9 SEC. 201. Any appropriation for fiscal year 2009 for 

10 ‘‘Compensation and pensions’’, ‘‘Readjustment benefits’’, 

11 and ‘‘Veterans insurance and indemnities’’ may be trans12 ferred as necessary to any other of the mentioned appro13 priations: Provided, That before a transfer may take place, 

14 the Secretary of Veterans Affairs shall request from the 

15 Committees on Appropriations of both Houses of Congress 

16 the authority to make the transfer and such Committees 

17 issue an approval, or absent a response, a period of 30 days 

18 has elapsed. 

19 (INCLUDING TRANSFER OF FUNDS)

20 SEC. 202. Amounts made available for the Department 

21 of Veterans Affairs for fiscal year 2009, in this Act or any 

22 other Act, under the ‘‘Medical services’’, ‘‘Medical support 

23 and compliance’’, and ‘‘Medical facilities’’ accounts may be 

24 transferred among the accounts to the extent necessary to 

25 implement the restructuring of the Veterans Health Admin26 istration accounts: Provided, That any transfers between 
327 

•HR 2638 EAH 

1 the ‘‘Medical services’’ and ‘‘Medical support and compli2 ance’’ accounts of 1 percent or less of the total amount ap3 propriated to the account in this or any other Act may take 

4 place subject to notification from the Secretary of Veterans 

5 Affairs to the Committees on Appropriations of both Houses 

6 of Congress of the amount and purpose of the transfer: Pro7 vided further, That any transfers between the ‘‘Medical serv8 ices’’ and ‘‘Medical support and compliance’’ accounts in 

9 excess of 1 percent, or exceeding the cumulative 1 percent 

10 for the fiscal year, may take place only after the Secretary 

11 requests from the Committees on Appropriations of both 

12 Houses of Congress the authority to make the transfer and 

13 an approval is issued: Provided further, That any transfers 

14 to or from the ‘‘Medical facilities’’ account may take place 

15 only after the Secretary requests from the Committees on 

16 Appropriations of both Houses of Congress the authority to 

17 make the transfer and an approval is issued. 

18 SEC. 203. Appropriations available in this title for sal19 aries and expenses shall be available for services authorized 

20 by section 3109 of title 5, United States Code, hire of pas21 senger motor vehicles; lease of a facility or land or both; 

22 and uniforms or allowances therefore, as authorized by sec23 tions 5901 through 5902 of title 5, United States Code. 

24 SEC. 204. No appropriations in this title (except the 

25 appropriations for ‘‘Construction, major projects’’, and 
328 

•HR 2638 EAH 

1 ‘‘Construction, minor projects’’) shall be available for the 

2 purchase of any site for or toward the construction of any 

3 new hospital or home. 

4 SEC. 205. No appropriations in this title shall be 

5 available for hospitalization or examination of any persons 

6 (except beneficiaries entitled to such hospitalization or ex7 amination under the laws providing such benefits to vet8 erans, and persons receiving such treatment under sections 

9 7901 through 7904 of title 5, United States Code, or the 

10 Robert T. Stafford Disaster Relief and Emergency Assist11 ance Act (42 U.S.C. 5121 et seq.)), unless reimbursement 

12 of the cost of such hospitalization or examination is made 

13 to the ‘‘Medical services’’ account at such rates as may be 

14 fixed by the Secretary of Veterans Affairs. 

15 SEC. 206. Appropriations available in this title for 

16 ‘‘Compensation and pensions’’, ‘‘Readjustment benefits’’, 

17 and ‘‘Veterans insurance and indemnities’’ shall be avail18 able for payment of prior year accrued obligations required 

19 to be recorded by law against the corresponding prior year 

20 accounts within the last quarter of fiscal year 2008. 

21 SEC. 207. Appropriations available in this title shall 

22 be available to pay prior year obligations of corresponding 

23 prior year appropriations accounts resulting from sections 

24 3328(a), 3334, and 3712(a) of title 31, United States Code, 

25 except that if such obligations are from trust fund accounts 
329 

•HR 2638 EAH 

1 they shall be payable only from ‘‘Compensation and pen2 sions’’. 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 208. Notwithstanding any other provision of law, 

5 during fiscal year 2009, the Secretary of Veterans Affairs 

6 shall, from the National Service Life Insurance Fund (38 

7 U.S.C. 1920), the Veterans’ Special Life Insurance Fund 

8 (38 U.S.C. 1923), and the United States Government Life 

9 Insurance Fund (38 U.S.C. 1955), reimburse the ‘‘General 

10 operating expenses’’ and ‘‘Information technology systems’’ 

11 accounts for the cost of administration of the insurance pro12 grams financed through those accounts: Provided, That re13 imbursement shall be made only from the surplus earnings 

14 accumulated in such an insurance program during fiscal 

15 year 2009 that are available for dividends in that program 

16 after claims have been paid and actuarially determined re17 serves have been set aside: Provided further, That if the cost 

18 of administration of such an insurance program exceeds the 

19 amount of surplus earnings accumulated in that program, 

20 reimbursement shall be made only to the extent of such sur21 plus earnings: Provided further, That the Secretary shall 

22 determine the cost of administration for fiscal year 2009 

23 which is properly allocable to the provision of each such 

24 insurance program and to the provision of any total dis25 ability income insurance included in that insurance pro26 gram. 
330 

•HR 2638 EAH 

1 SEC. 209. Amounts deducted from enhanced-use lease 

2 proceeds to reimburse an account for expenses incurred by 

3 that account during a prior fiscal year for providing en4 hanced-use lease services, may be obligated during the fiscal 

5 year in which the proceeds are received. 

6 (INCLUDING TRANSFER OF FUNDS)

7 SEC. 210. Funds available in this title or funds for 

8 salaries and other administrative expenses shall also be 

9 available to reimburse the Office of Resolution Management 

10 of the Department of Veterans Affairs and the Office of Em11 ployment Discrimination Complaint Adjudication under 

12 section 319 of title 38, United States Code, for all services 

13 provided at rates which will recover actual costs but not 

14 exceed $34,158,000 for the Office of Resolution Management 

15 and $3,278,000 for the Office of Employment and Discrimi16 nation Complaint Adjudication: Provided, That payments 

17 may be made in advance for services to be furnished based 

18 on estimated costs: Provided further, That amounts received 

19 shall be credited to the ‘‘General operating expenses’’ and 

20 ‘‘Information technology systems’’ accounts for use by the 

21 office that provided the service. 

22 SEC. 211. No appropriations in this title shall be 

23 available to enter into any new lease of real property if 

24 the estimated annual rental is more than $1,000,000 unless 

25 the Secretary submits a report which the Committees on 
331 

•HR 2638 EAH 

1 Appropriations of both Houses of Congress approve within 

2 30 days following the date on which the report is received. 

3 SEC. 212. No funds of the Department of Veterans Af4 fairs shall be available for hospital care, nursing home care, 

5 or medical services provided to any person under chapter 

6 17 of title 38, United States Code, for a non-service-con7 nected disability described in section 1729(a)(2) of such 

8 title, unless that person has disclosed to the Secretary of 

9 Veterans Affairs, in such form as the Secretary may require, 

10 current, accurate third-party reimbursement information 

11 for purposes of section 1729 of such title: Provided, That 

12 the Secretary may recover, in the same manner as any other 

13 debt due the United States, the reasonable charges for such 

14 care or services from any person who does not make such 

15 disclosure as required: Provided further, That any amounts 

16 so recovered for care or services provided in a prior fiscal 

17 year may be obligated by the Secretary during the fiscal 

18 year in which amounts are received. 

19 (INCLUDING TRANSFER OF FUNDS)

20 SEC. 213. Notwithstanding any other provision of law, 

21 proceeds or revenues derived from enhanced-use leasing ac22 tivities (including disposal) may be deposited into the 

23 ‘‘Construction, major projects’’ and ‘‘Construction, minor 

24 projects’’ accounts and be used for construction (including 

25 site acquisition and disposition), alterations, and improve26 ments of any medical facility under the jurisdiction or for 
332 

•HR 2638 EAH 

1 the use of the Department of Veterans Affairs. Such sums 

2 as realized are in addition to the amount provided for in 

3 ‘‘Construction, major projects’’ and ‘‘Construction, minor 

4 projects’’. 

5 SEC. 214. Amounts made available under ‘‘Medical 

6 services’’ are available— 

7 (1) for furnishing recreational facilities, sup8 plies, and equipment; and 

9 (2) for funeral expenses, burial expenses, and 

10 other expenses incidental to funerals and burials for 

11 beneficiaries receiving care in the Department. 

12 (INCLUDING TRANSFER OF FUNDS)

13 SEC. 215. Such sums as may be deposited to the Med14 ical Care Collections Fund pursuant to section 1729A of 

15 title 38, United States Code, may be transferred to ‘‘Medical 

16 services’’, to remain available until expended for the pur17 poses of that account. 

18 SEC. 216. Notwithstanding any other provision of law, 

19 the Secretary of Veterans Affairs shall allow veterans who 

20 are eligible under existing Department of Veterans Affairs 

21 medical care requirements and who reside in Alaska to ob22 tain medical care services from medical facilities supported 

23 by the Indian Health Service or tribal organizations. The 

24 Secretary shall: (1) limit the application of this provision 

25 to rural Alaskan veterans in areas where an existing De26 partment of Veterans Affairs facility or Veterans Affairs- 
333 

•HR 2638 EAH 

1 contracted service is unavailable; (2) require participating 

2 veterans and facilities to comply with all appropriate rules 

3 and regulations, as established by the Secretary; (3) require 

4 this provision to be consistent with Capital Asset Realign5 ment for Enhanced Services activities; and (4) result in no 

6 additional cost to the Department of Veterans Affairs or 

7 the Indian Health Service. 

8 (INCLUDING TRANSFER OF FUNDS)

9 SEC. 217. Such sums as may be deposited to the De10 partment of Veterans Affairs Capital Asset Fund pursuant 

11 to section 8118 of title 38, United States Code, may be 

12 transferred to the ‘‘Construction, major projects’’ and ‘‘Con13 struction, minor projects’’ accounts, to remain available 

14 until expended for the purposes of these accounts. 

15 SEC. 218. None of the funds available to the Depart16 ment of Veterans Affairs, in this Act, or any other Act, may 

17 be used to replace the current system by which the Veterans 

18 Integrated Services Networks select and contract for diabetes 

19 monitoring supplies and equipment. 

20 SEC. 219. None of the funds made available in this 

21 title may be used to implement any policy prohibiting the 

22 Directors of the Veterans Integrated Services Networks from 

23 conducting outreach or marketing to enroll new veterans 

24 within their respective Networks. 

25 SEC. 220. The Secretary of Veterans Affairs shall sub26 mit to the Committees on Appropriations of both Houses 
334 

•HR 2638 EAH 

1 of Congress a quarterly report on the financial status of 

2 the Veterans Health Administration. 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 221. Amounts made available under the ‘‘Medical 

5 services’’, ‘‘Medical support and compliance’’, ‘‘Medical fa6 cilities’’, ‘‘General operating expenses’’, and ‘‘National 

7 Cemetery Administration’’ accounts for fiscal year 2009, 

8 may be transferred to or from the ‘‘Information technology 

9 systems’’ account: Provided, That before a transfer may take 

10 place, the Secretary of Veterans Affairs shall request from 

11 the Committees on Appropriations of both Houses of Con12 gress the authority to make the transfer and an approval 

13 is issued. 

14 (INCLUDING TRANSFER OF FUNDS)

15 SEC. 222. Amounts made available for the ‘‘Informa16 tion technology systems’’ account may be transferred be17 tween projects: Provided, That no project may be increased 

18 or decreased by more than $1,000,000 of cost prior to sub19 mitting a request to the Committees on Appropriations of 

20 both Houses of Congress to make the transfer and an ap21 proval is issued, or absent a response, a period of 30 days 

22 has elapsed. 

23 (INCLUDING TRANSFER OF FUNDS)

24 SEC. 223. Any balances in prior year accounts estab25 lished for the payment of benefits under the Reinstated En26 titlement Program for Survivors shall be transferred to and 
335 

•HR 2638 EAH 

1 merged with amounts available under the ‘‘Compensation 

2 and pensions’’ account, and receipts that would otherwise 

3 be credited to the accounts established for the payment of 

4 benefits under the Reinstated Entitlement Program for Sur5 vivors program shall be credited to amounts available under 

6 the ‘‘Compensation and pensions’’ account. 

7 SEC. 224. Section 1710(f)(2)(B) of title 38, United 

8 States Code, is amended by striking ‘‘September 30, 2008,’’ 

9 and inserting ‘‘September 30, 2009,’’. 

10 SEC. 225. Section 1729(a)(2)(E) of title 38, United 

11 States Code, is amended by striking ‘‘October 1, 2008,’’ and 

12 inserting ‘‘October 1, 2009,’’. 

13 SEC. 226. The Department shall continue research into 

14 Gulf War illness at levels not less than those made available 

15 in fiscal year 2008, within available funds contained in 

16 this Act. 

17 SEC. 227. (a) Upon a determination by the Secretary 

18 of Veterans Affairs that such action is in the national inter19 est, and will have a direct benefit for veterans through in20 creased access to treatment, the Secretary of Veterans Af21 fairs may transfer not more than $5,000,000 to the Sec22 retary of Health and Human Services for the Graduate 

23 Psychology Education Program, which includes treatment 

24 of veterans, to support increased training of psychologists 
336 

•HR 2638 EAH 

1 skilled in the treatment of post-traumatic stress disorder, 

2 traumatic brain injury, and related disorders. 

3 (b) The Secretary of Health and Human Services may 

4 only use funds transferred under this section for the pur5 poses described in subsection (a). 

6 (c) The Secretary of Veterans Affairs shall notify Con7 gress of any such transfer of funds under this section. 

8 SEC. 228. None of the funds appropriated or otherwise 

9 made available by this Act or any other Act for the Depart10 ment of Veterans Affairs may be used in a manner that 

11 is inconsistent with— 

12 (1) section 842 of the Transportation, Treasury, 

13 Housing and Urban Development, the Judiciary, and 

14 Independent Agencies Appropriations Act, 2006 (Pub15 lic Law 109–115; 119 Stat. 2506); or 

16 (2) section 8110(a)(5) of title 38, United States 

17 Code. 

18 SEC. 229. The Secretary of Veterans Affairs may carry 

19 out a major medical facility lease in fiscal year 2009 in 

20 an amount not to exceed $12,000,000 to implement the rec21 ommendations outlined in the August 2007 Study of South 

22 Texas Veterans’ Inpatient and Specialty Outpatient Health 

23 Care Needs. 

24 SEC. 230. Of the amounts made available to the De25 partment of Veterans Affairs for fiscal year 2009, in this 
337 

•HR 2638 EAH 

1 Act or any other Act, under the ‘‘Medical Facilities’’ ac2 count for non-recurring maintenance, not more than 20 

3 percent of the funds made available shall be obligated dur4 ing the last 2 months of the fiscal year: Provided, That the 

5 Secretary may waive this requirement after providing writ6 ten notice to the Committees on Appropriations of both 

7 Houses of Congress. 

8 SEC. 231. Section 2703 of the Emergency Supple9 mental Appropriations Act for Defense, the Global War on 

10 Terror, and Hurricane Recovery, 2006 (120 Stat. 469) is 

11 amended— 

12 (1) by inserting ‘‘(a)’’ before ‘‘Notwithstanding’’; 

13 and 

14 (2) by adding at the end the following: 

15 ‘‘(b) This land shall be owned by the City of Gulfport 

16 for no less than 50 years from the date of enactment of this 

17 Act.’’. 

18 SEC. 232. None of the funds made available in this 

19 Act may be used to carry out section 111(c)(5) of title 38, 

20 United States Code, during fiscal year 2009. 

21 SEC. 233. Notwithstanding any other provision of law, 

22 authority to carry out activities provided for under section 

23 1703(d)(4) of title 38, United States Code, shall continue 

24 in effect until January 31, 2009, unless prior to that date, 
338 

•HR 2638 EAH 

1 authorization is enacted into law otherwise extending this 

2 authority. 

3 SEC. 234. Notwithstanding any other provision of law, 

4 authority to carry out activities provided for under section 

5 5317(g) of title 38, United States Code, shall continue in 

6 effect until January 31, 2009, unless prior to that date, au7 thorization is enacted into law otherwise extending this au8 thority. 

9 TITLE III 

10 RELATED AGENCIES 

11 AMERICAN BATTLE MONUMENTS COMMISSION

12 SALARIES AND EXPENSES

13 For necessary expenses, not otherwise provided for, of 

14 the American Battle Monuments Commission, including the 

15 acquisition of land or interest in land in foreign countries; 

16 purchases and repair of uniforms for caretakers of national 

17 cemeteries and monuments outside of the United States and 

18 its territories and possessions; rent of office and garage 

19 space in foreign countries; purchase (one-for-one replace20 ment basis only) and hire of passenger motor vehicles; not 

21 to exceed $7,500 for official reception and representation 

22 expenses; and insurance of official motor vehicles in foreign 

23 countries, when required by law of such countries, 

24 $59,470,000, to remain available until expended. 
339 

•HR 2638 EAH 

1 FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

2 For necessary expenses, not otherwise provided for, of 

3 the American Battle Monuments Commission, such sums as 

4 may be necessary, to remain available until expended, for 

5 purposes authorized by section 2109 of title 36, United 

6 States Code. 

7 UNITED STATES COURT OF APPEALS FOR VETERANS

8 CLAIMS

9 SALARIES AND EXPENSES

10 For necessary expenses for the operation of the United 

11 States Court of Appeals for Veterans Claims as authorized 

12 by sections 7251 through 7298 of title 38, United States 

13 Code, $30,975,000, of which $1,700,000 shall be available 

14 for the purpose of providing financial assistance as de15 scribed, and in accordance with the process and reporting 

16 procedures set forth, under this heading in Public Law 102– 

17 229. 

18 DEPARTMENT OF DEFENSE—CIVIL

19 CEMETERIAL EXPENSES, ARMY

20 SALARIES AND EXPENSES

21 For necessary expenses, as authorized by law, for 

22 maintenance, operation, and improvement of Arlington Na23 tional Cemetery and Soldiers’ and Airmen’s Home Na24 tional Cemetery, including the purchase of two passenger 

25 motor vehicles for replacement only, and not to exceed 
340 

•HR 2638 EAH 

1 $1,000 for official reception and representation expenses, 

2 $36,730,000, to remain available until expended. In addi3 tion, such sums as may be necessary for parking mainte4 nance, repairs and replacement, to be derived from the 

5 Lease of Department of Defense Real Property for Defense 

6 Agencies account. 

7 Funds appropriated under this Act may be provided 

8 to Arlington County, Virginia, for the relocation of the fed9 erally owned water main at Arlington National Cemetery 

10 making additional land available for ground burials. 

11 ARMED FORCES RETIREMENT HOME

12 TRUST FUND

13 For expenses necessary for the Armed Forces Retire14 ment Home to operate and maintain the Armed Forces Re15 tirement Home—Washington, District of Columbia, and the 

16 Armed Forces Retirement Home—Gulfport, Mississippi, to 

17 be paid from funds available in the Armed Forces Retire18 ment Home Trust Fund, $63,010,000, of which $8,025,000 

19 shall remain available until expended for construction and 

20 renovation of the physical plants at the Armed Forces Re21 tirement Home—Washington, District of Columbia and the 

22 Armed Forces Retirement Home—Gulfport, Mississippi. 
341 

•HR 2638 EAH 

1 TITLE IV 

2 GENERAL PROVISIONS 

3 SEC. 401. No part of any appropriation contained in 

4 this Act shall remain available for obligation beyond the 

5 current fiscal year unless expressly so provided herein. 

6 SEC. 402. Such sums as may be necessary for fiscal 

7 year 2009 for pay raises for programs funded by this Act 

8 shall be absorbed within the levels appropriated in this Act. 

9 SEC. 403. None of the funds made available in this 

10 Act may be used for any program, project, or activity, when 

11 it is made known to the Federal entity or official to which 

12 the funds are made available that the program, project, or 

13 activity is not in compliance with any Federal law relating 

14 to risk assessment, the protection of private property rights, 

15 or unfunded mandates. 

16 SEC. 404. No part of any funds appropriated in this 

17 Act shall be used by an agency of the executive branch, other 

18 than for normal and recognized executive-legislative rela19 tionships, for publicity or propaganda purposes, and for 

20 the preparation, distribution, or use of any kit, pamphlet, 

21 booklet, publication, radio, television, or film presentation 

22 designed to support or defeat legislation pending before 

23 Congress, except in presentation to Congress itself. 

24 SEC. 405. All departments and agencies funded under 

25 this Act are encouraged, within the limits of the existing 
342 

•HR 2638 EAH 

1 statutory authorities and funding, to expand their use of 

2 ‘‘E-Commerce’’ technologies and procedures in the conduct 

3 of their business practices and public service activities. 

4 SEC. 406. None of the funds made available in this 

5 Act may be transferred to any department, agency, or in6 strumentality of the United States Government except pur7 suant to a transfer made by, or transfer authority provided 

8 in, this or any other appropriations Act. 

9 SEC. 407. Unless stated otherwise, all reports and noti10 fications required by this Act shall be submitted to the Sub11 committee on Military Construction, Veterans Affairs, and 

12 Related Agencies of the Committee on Appropriations of the 

13 House of Representatives and the Subcommittee on Military 

14 Construction, Veterans Affairs, and Related Agencies of the 

15 Committee on Appropriations of the Senate. 

16 SEC. 408. None of the funds made available in this 

17 Act may be used to modify the standards applicable to the 

18 determination of the entitlement of veterans to special 

19 monthly pensions under sections 1513(a) and 1521(e) of 

20 title 38, United States Code, as in effect pursuant to the 

21 opinion of the United States Court of Appeals for Veterans 

22 Claims in the case of Hartness v. Nicholson (No. 04–0888, 

23 July 21, 2006). 

24 SEC. 409. None of the funds made available in this 

25 Act may be used for a project or program named for an 
343 

•HR 2638 EAH 

1 individual then serving as a Member, Delegate, or Resident 

2 Commissioner of the United States Congress. 

3 This division may be cited as the ‘‘Military Construc4 tion and Veterans Affairs and Related Agencies Appropria5 tions Act, 2009’’. 

Attest: 

Clerk. 
110TH CONGRESS 

2D SESSION H.R. 2638 

HOUSE AMENDMENT 

TO SENATE 

AMENDMENT