H. R. 2638 

One Hundred Tenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Thursday, 

the third day of January, two thousand and eight 

An Act 

Making appropriations for the Department of Homeland Security for the fiscal 

year ending September 30, 2008, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

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

Assistance, and Continuing Appropriations Act, 2009’’. 

SEC. 2. TABLE OF CONTENTS. 

The table of contents for this Act is as follows: 

DIVISION A—CONTINUING APPROPRIATIONS RESOLUTION, 2009 

DIVISION B—DISASTER RELIEF AND RECOVERY SUPPLEMENTAL APPROPRIATIONS ACT, 2008 

DIVISION C—DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2009 

DIVISION D—DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS 

ACT, 2009 

DIVISION E—MILITARY CONSTRUCTION AND VETERANS AFFAIRS APPROPRIATIONS ACT, 2009 

SEC. 3. REFERENCES. 

Except as expressly provided otherwise, any reference to ‘‘this 

Act’’ or ‘‘this joint resolution’’ contained in any division of this 

Act shall be treated as referring only to the provisions of that 

division. 

SEC. 4. EXPLANATORY STATEMENT. 

The explanatory statement regarding this legislation, printed 

in the House of Representatives section of the Congressional Record 

on or about September 24, 2008 by the Chairman of the Committee 

on Appropriations of the House, shall have the same effect with 

respect to the allocation of funds and implementation of this Act 

as if it were a joint explanatory statement of a committee of conference. 

DIVISION A—CONTINUING APPROPRIATIONS RESOLUTION, 

2009 

The following sums are hereby appropriated, out of any money 

in the Treasury not otherwise appropriated, and out of applicable 

corporate or other revenues, receipts, and funds, for the several 

departments, agencies, corporations, and other organizational units 

of Government for fiscal year 2009, and for other purposes, namely: 

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

operations as provided in the applicable appropriations Acts for 
H. R. 2638—2 

fiscal year 2008 and under the authority and conditions provided 

in such Acts, for continuing projects or activities (including the 

costs of direct loans and loan guarantees) that are not otherwise 

specifically provided for in this joint resolution, that were conducted 

in fiscal year 2008, and for which appropriations, funds, or other 

authority were made available in the following appropriations Acts: 

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

SEC. 102. Rates for operations shall be calculated under section 

101 without regard to any amount designated in the applicable 

appropriations Acts for fiscal year 2008 as an emergency requirement or necessary to meet emergency needs pursuant to any concurrent resolution on the budget, other than the following amounts: 

(1) $150,000,000 provided in Public Law 110–252 for 

‘‘Department of Health and Human Services—Food and Drug 

Administration—Salaries and Expenses’’. 

(2) $143,539,000 provided in division B of Public Law 110– 

161 for ‘‘Department of Justice—Federal Bureau of Investigation—Salaries and Expenses’’. 

(3) $110,000,000 provided in Public Law 110–252 for 

‘‘Department of Labor—Employment and Training Administration—State Unemployment Insurance and Employment Service 

Operations’’, without regard to the dates specified under such 

heading. 

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

J of Public Law 110–161 for ‘‘Department of State—Administration of Foreign Affairs—Diplomatic and Consular Programs’’ 

in the first paragraph under such heading, and $206,632,000 

provided in the last paragraph under such heading. 

(5) $76,700,000 provided in subchapter A of chapter 4 of 

title I of Public Law 110–252 for ‘‘Department of State— 

Administration of Foreign Affairs—Embassy Security, 

Construction, and Maintenance’’. 

SEC. 103. Appropriations made by section 101 shall be available 

to the extent and in the manner that would be provided by the 

pertinent appropriations Act. 

SEC. 104. No appropriation or funds made available or authority 

granted pursuant to section 101 shall be used to initiate or resume 

any project or activity for which appropriations, funds, or other 

authority were not available during fiscal year 2008. 

SEC. 105. Appropriations made and authority granted pursuant 

to this joint resolution shall cover all obligations or expenditures 

incurred for any project or activity during the period for which 

funds or authority for such project or activity are available under 

this joint resolution. 

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

or in the applicable appropriations Act for fiscal year 2009, appropriations and funds made available and authority granted pursuant 

to this joint resolution shall be available until whichever of the 

following first occurs: (1) the enactment into law of an appropriation 

for any project or activity provided for in this joint resolution; 

(2) the enactment into law of the applicable appropriations Act 

for fiscal year 2009 without any provision for such project or activity; 

or (3) March 6, 2009. 
H. R. 2638—3 

SEC. 107. Expenditures made pursuant to this joint resolution 

shall be charged to the applicable appropriation, fund, or authorization whenever a bill in which such applicable appropriation, fund, 

or authorization is contained is enacted into law. 

SEC. 108. Appropriations made and funds made available by 

or authority granted pursuant to this joint resolution may be used 

without regard to the time limitations for submission and approval 

of apportionments set forth in section 1513 of title 31, United 

States Code, but nothing in this joint resolution may be construed 

to waive any other provision of law governing the apportionment 

of funds. 

SEC. 109. Notwithstanding any other provision of this joint 

resolution, except section 106, for those programs that would otherwise have high initial rates of operation or complete distribution 

of appropriations at the beginning of fiscal year 2009 because of 

distributions of funding to States, foreign countries, grantees, or 

others, such high initial rates of operation or complete distribution 

shall not be made, and no grants shall be awarded for such programs funded by this joint resolution that would impinge on final 

funding prerogatives. 

SEC. 110. This joint resolution shall be implemented so that 

only the most limited funding action of that permitted in the joint 

resolution shall be taken in order to provide for continuation of 

projects and activities. 

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

whose budget authority was provided in appropriations Acts for 

fiscal year 2008, and for activities under the Food and Nutrition 

Act of 2008, activities shall be continued at the rate to maintain 

program levels under current law, under the authority and conditions provided in the applicable appropriations Act for fiscal year 

2008, to be continued through the date specified in section 106(3). 

(b) Notwithstanding section 106, obligations for mandatory payments due on or about the first day of any month that begins 

after October 2008 but not later than 30 days after the date specified 

in section 106(3) may continue to be made, and funds shall be 

available for such payments. 

SEC. 112. Amounts made available under section 101 for civilian 

personnel compensation and benefits in each department and 

agency may be apportioned up to the rate for operations necessary 

to avoid furloughs within such department or agency, consistent 

with the applicable appropriations Act for fiscal year 2008, except 

that such authority provided under this section shall not be used 

until after the department or agency has taken all necessary actions 

to reduce or defer non-personnel-related administrative expenses. 

SEC. 113. Funds appropriated by this joint resolution may 

be obligated and expended notwithstanding section 10 of Public 

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

Basic Authorities Act of 1956 (22 U.S.C. 2680), section 313 of 

the Foreign Relations Authorization Act, Fiscal Years 1994 and 

1995 (22 U.S.C. 6212), and section 504(a)(1) of the National Security 

Act of 1947 (50 U.S.C. 414(a)(1)). 

SEC. 114. Notwithstanding section 101, amounts are provided 

for ‘‘Department of Agriculture—Food and Nutrition Service—Special Supplemental Nutrition Program for Women, Infants, and Children (WIC)’’ at a rate for operations of $6,658,000,000. 
H. R. 2638—4 

SEC. 115. Notwithstanding section 101, amounts are provided 

for ‘‘Department of Agriculture—Rural Housing Service—Rental 

Assistance Program’’ at a rate for operations of $997,000,000. 

SEC. 116. Section 14222(b)(1) of the Food, Conservation, and 

Energy Act of 2008 (Public Law 110–246) shall not apply through 

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

SEC. 117. Notwithstanding section 101, amounts are provided 

for ‘‘Department of Agriculture—Rural Housing Service—Rural 

Housing Insurance Fund Program Account’’, for the cost of unsubsidized guaranteed loans for section 502 borrowers, at the rate 

necessary to maintain the same principal amount of loan guarantee 

commitments as made in fiscal year 2008. 

SEC. 118. With respect to amounts provided by section 101 

for the Department of Agriculture, sections 101 and 104 may not 

be construed to prohibit the use of such amounts for necessary 

administrative expenses for programs for which direct spending 

authority (as defined in section 250(c)(8)(A) of the Balanced Budget 

and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)(8)(A))) 

is provided by the Food, Conservation, and Energy Act of 2008 

(Public Law 110–246). 

SEC. 119. Notwithstanding section 101, amounts are provided 

for ‘‘Department of Agriculture–Food and Nutrition Service—Commodity Assistance Program’’ at a rate for operations of $233,791,000, 

of which $163,218,000 shall be for carrying out the Commodity 

Supplemental Food Program. 

SEC. 120. Notwithstanding section 101, amounts are provided 

for ‘‘Department of Commerce—Bureau of the Census—Periodic 

Censuses and Programs’’ at a rate for operations of $2,906,262,000. 

From such amounts, funds may be used for additional promotion, 

outreach, and marketing activities. 

SEC. 121. Notwithstanding the limitations on administrative 

expenses in subsections (c)(2) and (c)(3)(A) of section 3005 of the 

Digital Television Transition and Public Safety Act of 2005 (Public 

Law 109–171; 120 Stat. 21), the Assistant Secretary (as such term 

is defined in section 3001(b) of such Act) may expend funds made 

available under sections 3006, 3008, and 3009 of such Act for 

additional administrative expenses of the digital-to-analog converter 

box program established by such section 3005 at a rate not to 

exceed $180,000,000 through the date specified in section 106(3) 

of this joint resolution. 

SEC. 122. Notwithstanding section 101, amounts are provided 

for ‘‘Department of Justice—Federal Prison System—Salaries and 

Expenses’’ at a rate for operations of $5,396,615,000. 

SEC. 123. Notwithstanding section 101, amounts are provided 

for ‘‘Department of Justice—General Administration—Detention 

Trustee’’ at a rate for operations of $1,245,920,000. 

SEC. 124. Amounts provided by section 101 for the National 

Aeronautics and Space Administration may be obligated in the 

account and budget structure set forth in S. 3182 (110th Congress), 

the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2009, as reported by the Committee on Appropriations 

of the Senate. 

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

1701 note) is amended by striking ‘‘January 1, 2012’’ and inserting 

‘‘July 1, 2016’’. 

SEC. 126. In addition to amounts otherwise provided by section 

101, an additional amount is provided for ‘‘Department of Justice— 
H. R. 2638—5 

Legal Activities—Salaries and Expenses, General Legal Activities’’ 

to reimburse the Office of Personnel Management for salaries and 

expenses associated with the Federal observer program under section 8 of the Voting Rights Act of 1965 (42 U.S.C. 1973f), at 

a rate for operations of $3,390,000, of which $1,090,000 shall be 

derived by transfer from amounts provided by section 101 for ‘‘Office 

of Personnel Management—Salaries and Expenses’’. 

SEC. 127. Section 14704 of title 40, United States Code, shall 

be applied by substituting the date specified in section 106(3) of 

this joint resolution for ‘‘October 1, 2007’’. 

SEC. 128. Amounts provided by section 101 for ‘‘Department 

of the Army—Corps of Engineers-Civil—Construction’’ for inland 

waterway major rehabilitation projects shall not be derived from 

the Inland Waterways Trust Fund. 

SEC. 129. (a) Notwithstanding any other provision of this joint 

resolution, there is appropriated $7,510,000,000 for fiscal year 2009 

for ‘‘Department of Energy—Energy Programs—Advanced Technology Vehicles Manufacturing Loan Program Account’’ for the cost 

of direct loans as authorized by section 136(d) of the Energy 

Independence and Security Act of 2007 (Public Law 110–140; 42 

U.S.C. 17013(d)), to remain available until expended. Of such 

amount, $10,000,000 shall be used for administrative expenses in 

carrying out the direct loan program. Commitments for direct loans 

using such amount shall not exceed $25,000,000,000 in total loan 

principal. The cost of such direct loans, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974. 

(b) The amount provided by this section is designated as an 

emergency requirement and necessary to meet emergency needs 

pursuant to section 204(a) of S. Con. Res. 21 (110th Congress) 

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

concurrent resolutions on the budget for fiscal years 2008 and 

2009. 

(c) Section 136 of the Energy Independence and Security Act 

of 2007 (Public Law 110–140; 42 U.S.C. 17013) is amended as 

follows: 

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

‘‘The loans shall be made through the Federal Financing Bank, 

with the full faith and credit of the United States Government 

on the principal and interest. The full credit subsidy shall 

be paid by the Secretary using appropriated funds.’’. 

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

regulations that require that,’’ and inserting the following: ‘‘Not 

later than 60 days after the enactment of the Continuing Appropriations Resolution, 2009, the Secretary shall promulgate an 

interim final rule establishing regulations that the Secretary 

deems necessary to administer this section and any loans made 

by the Secretary pursuant to this section. Such interim final 

rule shall require that,’’. 

(3) By adding at the end the following new subsection: 

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

may use direct hiring authority pursuant to section 3304(a)(3) of 

title 5, United States Code, to appoint such professional and 

administrative personnel as the Secretary deems necessary to the 

discharge of the Secretary’s functions under this section. 
H. R. 2638—6 

‘‘(2) The rate of pay for a person appointed pursuant to paragraph (1) shall not exceed the maximum rate payable for GS15 of the General Schedule under chapter 53 such title 5. 

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

deems necessary to the discharge of the functions required by 

this section, pursuant to section 31 of the Office of Federal Procurement Policy Act (41 U.S.C. 427).’’. 

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

by section 101 for ‘‘Department of Energy—Energy Programs— 

Energy Efficiency and Renewable Energy’’ for weatherization assistance under part A of title IV of the Energy Conservation and 

Production Act (42 U.S.C. 6861 et seq.), there is appropriated 

$250,000,000 for an additional amount for fiscal year 2009, to 

remain available until expended. 

(b) The amount provided by this section is designated as an 

emergency requirement and necessary to meet emergency needs 

pursuant to section 204(a) of S. Con. Res. 21 (110th Congress) 

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

concurrent resolutions on the budget for fiscal years 2008 and 

2009. 

SEC. 131. In addition to the amounts otherwise provided by 

section 101, an additional amount is provided for ‘‘Department 

of the Treasury—Internal Revenue Service—Taxpayer Services’’ to 

meet the requirements of the Economic Stimulus Act of 2008 (Public 

Law 110–185), at a rate for operations of $67,900,000. 

SEC. 132. In addition to the amounts otherwise provided by 

section 101, an additional amount is provided for ‘‘Executive Office 

of the President—Office of Administration—Salaries and Expenses’’ 

for e-mail restoration activities, at a rate for operations of 

$5,700,000. 

SEC. 133. Notwithstanding section 101, amounts are provided 

for ‘‘Executive Office of the President—Office of Administration— 

Presidential Transition Administrative Support’’ to carry out the 

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

for operations of $8,000,000. Such funds may be transferred to 

other accounts that provide funding for offices within the Executive 

Office of the President and the Office of the Vice President in 

this joint resolution or any other Act, to carry out such purposes. 

SEC. 134. Notwithstanding any other provision of this joint 

resolution, except section 106, the District of Columbia may expend 

local funds for programs and activities under the heading ‘‘District 

of Columbia Funds’’ for such programs and activities under title 

IV of S. 3260 (110th Congress), as reported by the Committee 

on Appropriations of the Senate, at the rate set forth under ‘‘District 

of Columbia Funds’’ as included in the Fiscal Year 2009 Proposed 

Budget and Financial Plan submitted to the Congress by the District 

of Columbia on June 9, 2008. 

SEC. 135. Notwithstanding section 101, amounts are provided 

for ‘‘Federal Payment for Emergency Planning and Security Costs 

in the District of Columbia’’ for a direct Federal payment to the 

District of Columbia, at a rate for operations of $15,000,000. 

SEC. 136. In addition to the amounts otherwise provided by 

section 101, an additional amount is provided for ‘‘Federal Communications Commission—Salaries and Expenses’’ for consumer education associated with the transition to digital television occurring 

on February 17, 2009, at a rate for operations of $20,000,000. 
H. R. 2638—7 

SEC. 137. Notwithstanding section 101, amounts are provided 

for ‘‘General Services Administration—Expenses, Presidential 

Transition’’ to carry out the Presidential Transition Act of 1963 

(3 U.S.C. 102 note) at a rate for operations of $8,520,000, of which 

not to exceed $1,000,000 is for activities authorized by paragraphs 

(8) and (9) of section 3(a) of such Act. 

SEC. 138. Notwithstanding section 101, amounts are provided 

for ‘‘General Services Administration—Allowances and Office Staff 

for Former Presidents’’ to carry out the provisions of the Act of 

August 25, 1958 (3 U.S.C. 102 note) at a rate for operations of 

$2,682,000. 

SEC. 139. Notwithstanding section 101, the limitation on gross 

obligations applicable under the heading ‘‘National Credit Union 

Administration—Central Liquidity Facility’’ in division D of Public 

Law 110–161 shall be the amount authorized by section 307(a)(4)(A) 

of the Federal Credit Union Act (12 U.S.C. 1795f(a)(4)(A)). 

SEC. 140. Notwithstanding section 101, amounts are provided 

to carry out section 504(d) of title 39, United States Code, as 

amended by section 603(a) of the Postal Accountability and 

Enhancement Act (Public Law 109–435), at a rate for operations 

of $14,043,000, to be derived by transfer from the Postal Service 

Fund. 

SEC. 141. Notwithstanding section 101, amounts are provided 

to carry out section 8G(f)(6) of the Inspector General Act of 1978 

(5 U.S.C. App.), as added by section 603(b)(3) of the Postal Accountability and Enhancement Act (Public Law 109–435), at a rate for 

operations of $233,440,000, to be derived by transfer from the 

Postal Service Fund. 

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

under the statutory pay systems that takes effect in fiscal year 

2009 under sections 5303 and 5304 of title 5, United States Code, 

shall be an increase of 3.9 percent, and this adjustment shall 

apply to civilian employees in the Department of Homeland Security. Such adjustment shall be effective as of the first day of the 

first applicable pay period beginning on or after January 1, 2009. 

(b) The adjustment in rates of basic pay for the statutory 

pay systems that take place in fiscal year 2009 under sections 

5344 and 5348 of title 5, United States Code, shall be no less 

than the percentage in subsection (a) as employees in the same 

location whose rates of basic pay are adjusted pursuant to the 

statutory pay systems under section 5303 and 5304 of such title 

5. Prevailing rate employees at locations where there are no 

employees whose pay is increased pursuant to sections 5303 and 

5304 of such title 5 and prevailing rate employees described in 

section 5343(a)(5) of such title 5 shall be considered to be located 

in the pay locality designated as ‘‘Rest of US’’ pursuant to section 

5304 of such title 5 for purposes of this subsection. 

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

appropriations which are made to each applicable department or 

agency for salaries and expenses for fiscal year 2009. 

(d) The provisions of this section shall apply notwithstanding 

any other provision of this joint resolution. 

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

and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) 

shall be applied by substituting the date specified in section 106(3) 

of this joint resolution for ‘‘the 11-year period beginning on the 

first day the pilot program is in effect’’. 
H. R. 2638—8 

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

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

Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) 

shall continue through the date specified in section 106(3) of this 

joint resolution. 

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

Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026) shall each 

be applied by substituting the date specified in section 106(3) of 

this joint resolution for ‘‘September 30, 2008’’. 

SEC. 146. Section 717(a) of the Defense Production Act of 1950 

(50 U.S.C. App. 2166(a)) shall be applied by substituting the date 

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

30, 2008’’. 

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

Law 106–291 (43 U.S.C. 1701 note), as amended by section 428 

of Public Law 109–54, shall continue in effect through the date 

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

SEC. 148. Section 337(a) of division E of Public Law 108– 

447, as amended by section 420 of division F of Public Law 110– 

161, shall be applied by substituting the date specified in section 

106(3) of this joint resolution for ‘‘September 30, 2008’’. 

SEC. 149. Section 503(f) of Public Law 109–54 (16 U.S.C. 580d 

note) shall be applied by substituting the date specified in section 

106(3) of this joint resolution for ‘‘September 30, 2008’’. 

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

Law 108–108 (117 Stat. 1307) shall continue in effect through 

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

SEC. 151. In addition to the amounts otherwise provided by 

section 101, an additional amount is provided for ‘‘Department 

of the Interior—National Park Service—Operation of the National 

Park System’’ for security and visitor safety activities related to 

the Presidential Inaugural Ceremonies, at a rate for operations 

of $2,000,000. 

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

Law 110–161 shall not apply to amounts provided by this joint 

resolution. 

(b) Nothing in this section amends or shall be construed as 

amending the Outer Continental Shelf Lands Act (43 U.S.C. 1331 

et seq.), including the public comment periods mandated by section 

18 of that Act (43 U.S.C. 1344), the National Environmental Policy 

Act of 1969 (42 U.S.C. 4321 et seq.), or any other law or regulation. 

SEC. 153. Amounts provided by section 101 for implementation 

of the Modified Water Deliveries to Everglades National Park shall 

be made available to the Army Corps of Engineers, which shall 

immediately carry out Alternative 3.2.2.a to U.S. Highway 41 (the 

Tamiami Trail) as substantially described in the Limited Reevaluation Report with Integrated Environmental Assessment and 

addendum, approved August 2008, which, for purposes of this section, is determined to meet the requirements of section 404 of 

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

subsection (r), in order to achieve the goals set forth in section 

104 of the Everglades National Park Protection and Expansion 

Act of 1989 (16 U.S.C. 410r-8). 

SEC. 154. Activities authorized by chapters 2, 3, and 5 of 

title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.), including 

section 246 of such Act, shall continue through the date specified 

in section 106(3) of this joint resolution. 
H. R. 2638—9 

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

section 101 for ‘‘Department of Health and Human Services— 

Administration for Children and Families—Low-Income Home 

Energy Assistance’’, there is appropriated for such account for 

making payments under the Low-Income Home Energy Assistance 

Act of 1981, $5,100,000,000, which shall remain available through 

September 30, 2009. Of such amount, $4,509,672,000 is for payments under subsections (b) and (d) of section 2602 of such Act 

and $590,328,000 is for payments under subsection (e) of such 

section. All but $839,792,000 of the amount provided by this section 

for such subsections (b) and (d) shall be allocated as though the 

total appropriation for such payments for fiscal year 2009 was 

less than $1,975,000,000. 

(b) Notwithstanding section 2605(b)(2)(B)(ii) of such Act, a State 

may use any amount of an allotment from prior appropriations 

Acts that is available to that State for providing assistance in 

fiscal year 2009, and any allotment from funds appropriated in 

this section or in any other appropriations Act for fiscal year 2009, 

to provide assistance to households whose income does not exceed 

75 percent of the State median income. 

(c) The amount provided by this section shall be obligated 

to States within 30 calender days from the date of enactment 

of this joint resolution. 

(d) Of the amount provided by this section, $2,779,672,000 

is designated as an emergency requirement and necessary to meet 

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

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

Congress), the concurrent resolutions on the budget for fiscal years 

2008 and 2009. 

(e) The provisions of this section shall apply notwithstanding 

any other provision of this joint resolution. 

SEC. 156. Notwithstanding section 101, amounts are provided 

for ‘‘Corporation for National and Community Service—Operating 

Expenses’’ to carry out subtitle E of the National and Community 

Service Act of 1990 at a rate for operations of $23,782,000. 

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

of Health and Human Services—Office of the Secretary—General 

Departmental Management’’ are also available for the purpose of 

funding the National Commission on Children and Disasters authorized under title VI of division G of Public Law 110–161 (the ‘‘title 

VI Commission’’). 

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

resolution (1) the National Commission on Children and Disasters 

established by the Secretary of Health and Human Services under 

section 1114 of the Social Security Act (the ‘‘section 1114 Commission’’), together with its members, personnel, and other resources 

and obligations, shall be considered to be the title VI Commission 

and shall no longer be subject to the provisions of such section 

1114; and (2) for purposes of any contract entered into by any 

component of the Department of Health and Human Services in 

fiscal year 2008 for support of the section 1114 Commission, any 

reference to the section 1114 Commission shall be deemed to refer 

to the title VI Commission. 

SEC. 158. (a) Notwithstanding section 101, amounts are provided for ‘‘Department of Education–Student Financial Assistance’’ 

at a rate for operations of $18,627,136,000, of which $16,761,000,000 
H. R. 2638—10 

shall be for carrying out subpart 1 of part A of title IV of the 

Higher Education Act of 1965. 

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

under subparagraph (A) of such section through the date specified 

in section 106(3) of this joint resolution. 

SEC. 159. Notwithstanding any other provision of this joint 

resolution, there is appropriated for payment to the heirs-at-law 

of Stephanie Tubbs Jones, late a Representative from the State 

of Ohio, $169,300. 

SEC. 160. (a) Notwithstanding any other provision of this joint 

resolution, there is appropriated for ‘‘Department of Veterans 

Affairs—Veterans Benefits Administration—Filipino Veterans 

Equity Compensation Fund’’ for payments to eligible persons who 

served in the Philippines during World War II as authorized, 

$198,000,000, to remain available until expended. 

(b) The amount provided by this section is designated as an 

emergency requirement and necessary to meet emergency needs 

pursuant to section 204(a) of S. Con. Res. 21 (110th Congress) 

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

concurrent resolutions on the budget for fiscal years 2008 and 

2009. 

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

Law 109–234 shall continue in effect through the date specified 

in section 106(3) of this joint resolution. 

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

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

subsections (a) through (c) of section 234 of such Act shall remain 

in effect through the date specified in section 106(3) of this joint 

resolution. 

SEC. 163. Notwithstanding any other provision of this joint 

resolution, up to $5,000,000 of the amounts appropriated under 

the heading ‘‘Other Bilateral Economic Assistance—Department of 

the Treasury—Debt Restructuring’’ in Public Law 109–102, in such 

Act as made applicable to fiscal year 2007 by the Continuing Appropriations Resolution, 2007 (as amended by Public Law 110–5), 

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

to assist Liberia in buying back its commercial debt through the 

Debt Reduction Facility of the International Development Association. 

SEC. 164. The first proviso under the heading ‘‘Department 

of State—Migration and Refugee Assistance’’ in title III of division 

J of Public Law 110–161 shall not apply to amounts provided 

by this joint resolution. 

SEC. 165. Notwithstanding section 101 of this joint resolution, 

the number in the third proviso under the heading ‘‘Military Assistance—Funds Appropriated to the President—Foreign Military 

Financing Program’’ in title IV of division J of Public Law 110– 

161 shall be deemed to be $670,650,000 and shall apply to the 

$2,550,000,000 made available for assistance for Israel in fiscal 

year 2009 under the heading ‘‘Foreign Military Financing Program’’. 

SEC. 166. Notwithstanding section 101, amounts are provided 

for ‘‘Department of Transportation—Federal Aviation Administration—Operations’’ at a rate for operations of $8,756,800,000, of 

which not less than $1,099,402,000 shall be available for aviation 

safety activities. 
H. R. 2638—11 

SEC. 167. Amounts provided by section 101 for ‘‘Department 

of Transportation—Maritime Administration—Operations and 

Training’’ shall include amounts necessary to satisfy the salaries 

and benefits of employees of the United States Merchant Marine 

Academy, to be derived solely from the total amount made available 

in this joint resolution for the United States Merchant Marine 

Academy. The Secretary of Transportation shall inform the Committees on Appropriations of the House of Representatives and the 

Senate of salaries and expenses funding obligated for personnel 

that had heretofore not been compensated from funds made available under this account. 

SEC. 168. Notwithstanding any other provision of this joint 

resolution, other than section 106, the Secretary of Housing and 

Urban Development shall obligate funds provided by section 101 

at a rate the Secretary determines is necessary to renew, in a 

timely manner, all section 8 project-based rental assistance contracts. In renewing such contracts, the Secretary may provide for 

payments to be made beyond the period covered by this joint resolution. 

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

1937 (42 U.S.C. 1437v(o)) shall be applied by substituting the 

date specified in section 106(3) of this joint resolution for ‘‘September 30, 2008’’. 

SEC. 170. Notwithstanding the limitation in the first sentence 

of section 255(g) of the National Housing Act (12 U.S.C. 1715z20(g)), the Secretary of Housing and Urban Development may, 

until the date specified in section 106(3) of this joint resolution, 

insure and enter into commitments to insure mortgages under 

section 255 of such Act. 

SEC. 171. During the period covered by this joint resolution, 

commitments to guarantee loans insured under the Mutual Mortgage Insurance Fund, as authorized by the National Housing Act 

(12 U.S.C. 1701 et seq.), shall not exceed a loan principal of 

$1,154,000,000 multiplied by the number of days in such period. 

SEC. 172. Notwithstanding any other provision of this joint 

resolution, from funds made available for personnel compensation 

and benefits or salaries and expenses under any account in title 

II of division K of Public Law 110–161 (except for ‘‘Office of Inspector 

General’’ and ‘‘Office of Federal Housing Enterprise Oversight— 

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

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

the Federal Housing Administration. 

SEC. 173. Amounts provided by section 101 for ‘‘National 

Transportation Safety Board—Salaries and Expenses’’ shall include 

amounts necessary to make lease payments due in fiscal year 

2009 only, on an obligation incurred in 2001 under a capital lease. 

SEC. 174. The provisions of title II of the McKinney-Vento 

Homeless Assistance Act (42 U.S.C. 11311 et seq.) shall continue 

in effect, notwithstanding section 209 of such Act, through the 

earlier of (1) the date specified in section 106(3) of this joint resolution; or (2) the date of enactment of an authorization Act relating 

to the McKinney-Vento Homeless Assistance Act. 

This division may be cited as the ‘‘Continuing Appropriations 

Resolution, 2009’’. 
H. R. 2638—12 

DIVISION B—DISASTER RELIEF AND RECOVERY 

SUPPLEMENTAL APPROPRIATIONS ACT, 2008 

The following sums are appropriated, out of any money in 

the Treasury not otherwise appropriated, for the fiscal year ending 

September 30, 2008, and for other purposes, namely: 

TITLE I—RELIEF AND RECOVERY FROM NATURAL 

DISASTERS 

CHAPTER 1—AGRICULTURE AND RURAL DEVELOPMENT 

DEPARTMENT OF AGRICULTURE 

OFFICE OF INSPECTOR GENERAL

For an additional amount for ‘‘Office of Inspector General’’, 

$5,000,000, to remain available until expended, for oversight of 

disaster- and emergency-related funding provided by this chapter. 

AGRICULTURAL RESEARCH SERVICE

BUILDINGS AND FACILITIES

For an additional amount for ‘‘Buildings and Facilities’’, 

$5,000,000, to remain available until expended, for the repair and 

reconstruction of buildings damaged by natural disasters occurring 

during 2008. 

ANIMAL AND PLANT HEALTH INSPECTION SERVICE

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, 

$5,000,000, to remain available through September 30, 2010, for 

pathogen surveillance and eradication to address confirmed or suspected outbreaks. 

NATURAL RESOURCES CONSERVATION SERVICE

EMERGENCY WATERSHED PROTECTION PROGRAM

For an additional amount for the ‘‘Emergency Watershed 

Protection Program’’, $100,000,000, to remain available until 

expended, for disaster recovery operations. 

FARM SERVICE AGENCY

EMERGENCY CONSERVATION PROGRAM

For an additional amount for ‘‘Emergency Conservation Program’’, $115,000,000, to remain available until expended. 
H. R. 2638—13 

RURAL DEVELOPMENT PROGRAMS

RURAL DEVELOPMENT DISASTER ASSISTANCE FUND

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

for authorized activities of agencies of the Rural Development Mission Area, $150,000,000, to remain available until expended, which 

shall be allocated as follows: $59,000,000 for single and multifamily housing activities; $40,000,000 for community facilities 

activities; $26,000,000 for utilities activities; and $25,000,000 for 

business activities: Provided, That such funds shall be for areas 

affected by hurricanes, floods, and other natural disasters occurring 

during 2008 for which the President declared a major disaster 

under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1974: Provided further, That the cost of 

such direct and guaranteed loans, including the cost of modifying 

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

Act of 1974: Provided further, That the Secretary of Agriculture 

may reallocate funds made available in this paragraph among the 

4 specified activities, if the Secretary notifies the Committees on 

Appropriations of the House of Representatives and the Senate 

not less than 15 days prior to such reallocation. 

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

cost of direct and guaranteed loans, for authorized activities of 

the Rural Housing Service, $38,000,000, to remain available until 

expended, for single and multi-family housing activities: Provided, 

That such funds shall be for areas affected by Hurricanes Katrina 

and Rita: Provided further, That the cost of such direct and guaranteed loans, including the cost of modifying loans, shall be as defined 

in section 502 of the Congressional Budget Act of 1974. 

GENERAL PROVISIONS, THIS CHAPTER 

(INCLUDING TRANSFERS OF FUNDS)

SEC. 10101. (a) RURAL DEVELOPMENT DISASTER ASSISTANCE

FUND.—Hereafter, there is established in the Treasury a fund entitled the ‘‘Rural Development Disaster Assistance Fund’’. 

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

(d), amounts in the Rural Development Disaster Assistance Fund 

shall be available to the Secretary of Agriculture, until expended, 

to provide additional amounts for authorized activities of agencies 

of the Rural Development Mission Area in areas affected by a 

disaster declared by the President or the Secretary of Agriculture. 

Amounts so provided shall be in addition to any other amounts 

available to carry out the activity. 

(c) WAIVER OF ACTIVITY OR PROJECT LIMITATIONS.—The Secretary of Agriculture may waive any limits on population, income, 

or cost-sharing otherwise applicable to an activity or project for 

which amounts in the Rural Development Disaster Assistance Fund 

will be obligated under subsection (b), except that, if the amounts 

proposed to be obligated in connection with the disaster would 

exceed the amount specified in subsection (h), the notification 

required by that subsection shall include information and justification with regard to any waivers to be granted under this subsection. 

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

appropriated directly to the Rural Development Disaster Assistance 

Fund by this Act or any subsequent Act for a specific purpose 
H. R. 2638—14 

shall be available only for that purpose until such time as the 

transfer authority provided by subsection (f) takes effect with regard 

to the amounts. Only subsection (c), including the notification 

requirements of such subsection, and subsections (g) and (i) apply 

to amounts described in this subsection. 

(e) TRANSFER OF PRIOR APPROPRIATIONS TO FUND.—The Secretary of Agriculture may transfer to the Rural Development Disaster Assistance Fund, and merge with other amounts generally 

appropriated to the Fund, the available unobligated balance of 

any amounts that were appropriated before the date of the enactment of this Act for programs and activities of the Rural Development Mission Area to respond to a disaster and were designated 

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

the transfer, the Secretary determines that the unobligated amounts 

are no longer needed to respond to the disaster for which the 

amounts were originally appropriated and the Secretary provides 

a certification of this determination to the Committees on Appropriations of the House of Representatives and the Senate. 

(f) TRANSFER OF OTHER APPROPRIATIONS TO FUND.—Unless 

otherwise specifically provided in an appropriations Act, the Secretary of Agriculture may transfer to or within the Rural Development Disaster Assistance Fund, and merge with other amounts 

generally appropriated to the Fund, the available unobligated balance of any amounts that are appropriated for fiscal year 2009 

or any subsequent fiscal year for programs and activities of the 

Rural Development Mission Area to respond to a disaster and 

are designated by the Congress as an emergency requirement if, 

in advance of the transfer, the Secretary determines that the unobligated amounts are no longer needed to respond to the disaster 

for which the amounts were originally appropriated and the Secretary provides a certification of this determination to the Committees on Appropriations of the House of Representatives and the 

Senate. A transfer of unobligated amounts with respect to a disaster 

may not be made under this subsection until after the end of 

the two-year period beginning on the date on which the amounts 

were originally appropriated for that disaster. 

(g) ADMINISTRATIVE EXPENSES.—In addition to any other funds 

available to the Secretary of Agriculture to cover administrative 

costs, the Secretary may use up to 3 percent of the amounts allocated from the Rural Development Disaster Assistance Fund for 

a specific disaster to cover administrative costs of Rural Development’s State and local offices in the areas affected by the disaster 

to carry out disaster related activities. 

(h) LIMITATION ON PER DISASTER OBLIGATIONS.—Amounts in 

the Rural Development Disaster Assistance Fund, except for 

amounts described in subsection (d) that are appropriated to the 

Fund and obligated in accordance with that subsection, may not 

be obligated in excess of $1,000,000 for a disaster until at least 

15 days after the date on which the Secretary of Agriculture notifies 

the Committees on Appropriations of the House of Representatives 

and the Senate of the Secretary’s determination to obligate additional amounts and the reasons for the determination. The Secretary may not obligate more than 50 percent of the funds contained 

in the Rural Development Disaster Assistance Fund for any one 

disaster unless the Secretary declares that there is a specific and 

extreme need that additional funds must be provided in response 

to such disaster at time of the obligation. 
H. R. 2638—15 

(i) QUARTERLY REPORTS.—The Secretary of Agriculture shall 

submit, on a quarterly basis, to the Committees on Appropriations 

of the House of Representatives and the Senate a report describing 

the status of the Rural Development Disaster Assistance Fund 

and any transactions that have affected the Fund since the previous 

report. 

SEC. 10102. Section 1601 (c)(2) of the Food, Conservation and 

Energy Act of 2008 (Public Law 110-246) shall apply in implementing section 12033 of such Act. 

CHAPTER 2—COMMERCE AND SCIENCE 

DEPARTMENT OF COMMERCE 

ECONOMIC DEVELOPMENT ADMINISTRATION

ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

Pursuant to section 703 of the Public Works and Economic 

Development Act (42 U.S.C. 3233), for an additional amount for 

‘‘Economic Development Assistance Programs’’, for necessary 

expenses related to disaster relief, long-term recovery, and restoration of infrastructure related to the consequences of hurricanes, 

floods and other natural disasters occuring during 2008 for which 

the President declared a major disaster under title IV of the Robert 

T. Stafford Disaster Relief and Emergency Assistance Act, 

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

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

OPERATIONS, RESEARCH, AND FACILITIES

For an additional amount for ‘‘Operations, Research, and Facilities’’, to improve hurricane track and intensity forecasts for the 

protection of life and property, $11,000,000, to remain available 

until September 30, 2009. 

In addition, for an additional amount for ‘‘Operations, Research, 

and Facilities’’, for fishery disaster assistance, $75,000,000, to 

remain available until September 30, 2009: Provided, That the 

National Marine Fisheries Service shall cause such amounts to 

be distributed among eligible recipients of assistance for fishery 

resource disasters and commercial fishery failures as declared by 

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

the Interjurisdicitional Fisheries Act (16 U.S.C. 4107) and sections 

312(a) and 315 of the Magnuson-Stevens Fishery Conservation and 

Management Act (16 U.S.C. 1861a(a) and 1864). 

PROCUREMENT, ACQUISITION, AND CONSTRUCTION

For an additional amount for ‘‘Procurement, Acquisition, and 

Construction’’, to improve hurricane track and intensity forecasts 

for the protection of life and property, $6,000,000, to remain available until September 30, 2009. 
H. R. 2638—16 

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 

EXPLORATION CAPABILITIES

For an additional amount for ‘‘Exploration Capabilities’’, for 

necessary expenses for restoration and mitigation of National Aeronautics and Space Administration owned infrastructure and facilities related to the consequences of hurricanes, floods, and other 

natural disasters occuring during 2008 for which the President 

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

Disaster Relief and Emergency Assistance Act of 1974, $30,000,000, 

to remain available until expended with such sums as determined 

by the Administrator of the National Aeronautics and Space 

Administration as available to reimburse costs incurred and for 

transfer to ‘‘Science, Aeronautics and Exploration’’ in accordance 

with section 505 of division B of Public Law 110-161. 

CHAPTER 3—ENERGY AND WATER DEVELOPMENT 

DEPARTMENT OF DEFENSE—CIVIL 

DEPARTMENT OF THE ARMY 

CORPS OF ENGINEERS—CIVIL

CONSTRUCTION

For an additional amount for ‘‘Construction’’ for necessary 

expenses related to the consequences of Hurricane Katrina and 

other hurricanes, floods and other natural disasters, $1,538,800,000, 

to remain available until expended: Provided, That the Secretary 

of the Army is directed to use $38,800,000 of the funds appropriated 

under this heading to address emergency situations at Corps of 

Engineers projects and rehabilitate and repair damages to Corps 

projects caused by recent natural disasters: Provided further, That 

the Secretary is directed to use $1,500,000,000 of the funds appropriated under this heading to fund the estimated amount of the 

non-Federal cash contribution for projects in southeast Louisiana 

that will be financed in accordance with the provisions of section 

103(k) of Public Law 99–662 over a period of 30 years from the 

date of completion of the project or separable element, with 

$700,000,000 used for the Lake Pontchartrain and Vicinity project; 

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

$450,000,000 used for elements of the Southeast Louisiana Urban 

Drainage project that are within the geographic perimeter of the 

West Bank and Vicinity and Lake Pontchartrain and Vicinity 

projects: Provided further, That the expenditure of funds as provided 

above may be made without regard to individual amounts or purposes and any reallocation of funds that is necessary to accomplish 

the established goals is authorized subject to the approval of the 

Committees on Appropriations of the House of Representatives and 

the Senate: Provided further, That the Assistant Secretary of the 

Army for Civil Works shall provide a monthly report to the Committees on Appropriations detailing the allocation and obligation of 

these funds, beginning not later than 60 days after enactment 

of this Act. 
H. R. 2638—17 

MISSISSIPPI RIVER AND TRIBUTARIES

For an additional amount for ‘‘Mississippi River and Tributaries’’ for recovery from natural disasters, $82,400,000, to remain 

available until expended, to dredge eligible projects in response 

to and repair damages to Federal projects caused by recent natural 

disasters: Provided, That $35,000,000 shall be used to reimburse 

projects where funding was transferred to the Flood Control and 

Coastal Emergencies account under the provisions of section 5 

of the Act of August 18, 1941 (33 U.S.C. 701n): Provided further, 

That the Assistant Secretary of the Army for Civil Works shall 

provide a monthly report to the Committees on Appropriations 

of the House of Representatives and the Senate detailing the allocation and obligation of these funds, beginning not later than 60 

days after enactment of this Act. 

OPERATION AND MAINTENANCE

For an additional amount for ‘‘Operation and Maintenance’’ 

to dredge navigation channels and repair other Corps projects 

related to natural disasters, $740,000,000, to remain available until 

expended: Provided, That the Assistant Secretary of the Army for 

Civil Works shall provide a monthly report to the Committees 

on Appropriations of the House of Representatives and the Senate 

detailing the allocation and obligation of these funds, beginning 

not later than 60 days after enactment of this Act. 

FLOOD CONTROL AND COASTAL EMERGENCIES

For an additional amount for ‘‘Flood Control and Coastal Emergencies’’, as authorized by section 5 of the Act of August 18, 1941 

(33 U.S.C. 701n), for necessary expenses relating to the consequences of recent hurricanes and other natural disasters as 

authorized by law, $415,600,000, to remain available until expended 

to support emergency operations, repair eligible projects nationwide, 

and for other activities in response to natural disasters: Provided, 

That the Assistant Secretary of the Army for Civil Works shall 

provide a monthly report to the Committees on Appropriations 

of the House of Representatives and the Senate detailing the allocation and obligation of these funds, beginning not later than 60 

days after enactment of this Act. 

CHAPTER 4—FINANCIAL SERVICES AND GENERAL 

GOVERNMENT 

INDEPENDENT AGENCIES 

GENERAL SERVICES ADMINISTRATION

REAL PROPERTY ACTIVITIES

FEDERAL BUILDINGS FUND

CONSTRUCTION AND ACQUISITION

For an additional amount to be deposited in the Federal Buildings Fund, $182,000,000, exclusive of permitted escalation, 

is authorized and available for the Administrator to proceed with 
H. R. 2638—18 

necessary site acquisition, design, and construction for the new 

courthouse project in Cedar Rapids, Iowa: Provided, That the foregoing limits of costs on new construction projects may be exceeded 

to the extent that savings are effected in other such projects, but 

not to exceed 10 percent of the amounts provided unless advance 

approval is obtained from the Committees on Appropriations of 

a greater amount: Provided further, That all funds for direct 

construction projects shall expire on September 30, 2009 and remain 

in the Federal Buildings Fund except for funds for projects to 

which funds for design or other funds have been obligated in whole 

or in part prior to such date. 

SMALL BUSINESS ADMINISTRATION

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, 

$10,000,000, to remain available until September 30, 2009, for 

grants under section 21 of the Small Business Act (15 U.S.C. 

648) to small business development centers to provide technical 

assistance to small business concerns affected by recent hurricanes, 

flooding, and other natural disasters in calendar year 2008: Provided, That the Administrator of the Small Business Administration 

shall waive the matching requirement under section 21(a)(4)(A) 

of such Act for any grant made using funds made available under 

this heading. 

OFFICE OF INSPECTOR GENERAL

For an additional amount for ‘‘Office of Inspector General’’ 

for necessary expenses related to the consequences of recent hurricanes and other natural disasters in calendar year 2008, $3,000,000, 

to remain available until expended. 

DISASTER LOANS PROGRAM ACCOUNT

For an additional amount for the ‘‘Disaster Loans Program 

Account’’ for the cost of direct loans authorized by section 7(b) 

of the Small Business Act, for necessary expenses related to recent 

hurricanes and other natural disasters, $498,000,000, to remain 

available until expended: Provided, That such costs, including the 

cost of modifying such loans, shall be as defined in section 502 

of the Congressional Budget Act of 1974. 

In addition, for administrative expenses to carry out the direct 

loan program authorized by section 7(b) in response to recent hurricanes and other natural disasters, including onsite assistance to 

disaster victims, increased staff at call centers, processing centers, 

and field inspections teams, and attorneys to assist in loan closings, 

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

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

and servicing to carry out the direct loan program, which may 

be paid to appropriations for Salaries and Expenses; and of which 

$9,000,000 is for indirect administrative expenses, which may be 

paid to appropriations for Salaries and Expenses. 
H. R. 2638—19 

CHAPTER 5—HOMELAND SECURITY 

DEPARTMENT OF HOMELAND SECURITY 

COAST GUARD

ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Acquisition, Construction, and 

Improvements’’ for necessary expenses related to the consequences 

of 2008 natural disasters and flooding, $300,000,000, to remain 

available until expended: Provided, That notwithstanding the 

transfer limitation contained in section 503 of division E of Public 

Law 110–161, such funding may be transferred to other Coast 

Guard appropriations after notification as required in accordance 

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

to be reconstructed and restored, with associated costs, shall be 

submitted to the Committees on Appropriations of the Senate and 

the House of Representatives. 

FEDERAL EMERGENCY MANAGEMENT AGENCY

DISASTER RELIEF

(INCLUDING TRANSFERS OF FUNDS)

For an additional amount for ‘‘Disaster Relief’’, $7,960,000,000, 

to remain available until expended: Provided, That of the amount 

provided, up to $98,150,000 may be transferred to the ‘‘Disaster 

Assistance Direct Loan Program Account’’ for the cost of direct 

loans as authorized under section 417 of the Robert T. Stafford 

Disaster Relief and Emergency Assistance Act (42 U.S.C. 5184), 

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

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

may be made to subsidize gross obligations for the principal amount 

of direct loans not to exceed $100,000,000 under section 417 of 

such Act: Provided further, That the cost of modifying such loans 

shall be as defined in section 502 of the Congressional Budget 

Act of 1974 (2 U.S.C. 661a): Provided further, That of the amount 

provided, up to $8,000,000 shall be transferred to the ‘‘Department 

of Homeland Security Office of Inspector General’’ for audits and 

investigations related to disasters. 

GENERAL PROVISIONS, THIS CHAPTER 

(INCLUDING RESCISSION OF FUNDS) 

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

available from ‘‘Federal Emergency Management Agency—Disaster 

Relief’’ to the State of Mississippi pursuant to section 404 of the 

Robert T. Stafford Disaster Relief and Emergency Assistance Act 

of 1974 (42 U.S.C. 5170c) for Hurricane Katrina, an additional 

$20,000,000 is rescinded. 

(b) APPROPRIATION.—For ‘‘Federal Emergency Management 

Agency—State and Local Programs’’, there is appropriated an additional $20,000,000, to remain available until expended, for a grant 
H. R. 2638—20 

to the State of Mississippi for an interoperable communications 

system required in the aftermath of Hurricane Katrina. 

SEC. 10502. There is hereby appropriated to the Secretary 

of the Department of Homeland Security not to exceed $100,000,000, 

to remain available until September 30, 2009, for payments to 

the American Red Cross for reimbursement of disaster relief and 

recovery expenditures and emergency services provided in the 

United States associated with hurricanes, floods, and other natural 

disasters occurring in 2008 for which the President declared a 

major disaster under title IV of the Robert T. Stafford Disaster 

Relief and Emergency Assistance Act of 1974, and only to the 

extent funds are not made available for those activities by other 

Federal sources: Provided, That these funds may be administered 

by any authorized federal government agency to meet the purposes 

of this provision and that total administrative costs shall not exceed 

3 percent of the total appropriation: Provided further, That the 

Comptroller General shall audit the use of these funds by the 

American Red Cross. 

SEC. 10503. Until such time as preliminary flood insurance 

rate maps initiated prior to October 1, 2008 are completed and 

released for public review, preliminary base flood elevations are 

published in the Federal Register, and the second required local 

newspaper publication of such base flood elevations is made for 

the City of St. Louis, St. Charles and St. Louis counties in Missouri, 

and Madison, Monroe, and St. Clair counties in Illinois, the 

Administration shall not begin the statutory appeals process in 

such areas required under section 1363 of the National Flood Insurance Act of 1968. 

CHAPTER 6—INTERIOR AND ENVIRONMENT 

DEPARTMENT OF THE INTERIOR 

BUREAU OF LAND MANAGEMENT

WILDLAND FIRE MANAGEMENT

(INCLUDING TRANSFERS OF FUNDS)

For an additional amount for ‘‘Wildland Fire Management’’, 

$135,000,000, to remain available until expended, of which (1) 

$110,000,000 is for urgent wildland fire suppression activities, 

including repayments to other accounts from which funds were 

transferred in fiscal year 2008 for wildfire suppression so that 

all such transfers for fiscal year 2008 are fully repaid; and (2) 

$25,000,000 is for burned area rehabilitation. 

UNITED STATES FISH AND WILDLIFE SERVICE

CONSTRUCTION

For an additional amount for ‘‘Construction’’, $75,000,000, to 

remain available until expended, for necessary expenses related 

to the consequences of hurricanes and natural disasters. 
H. R. 2638—21 

DEPARTMENT OF AGRICULTURE 

FOREST SERVICE

CAPITAL IMPROVEMENT AND MAINTENANCE

(INCLUDING TRANSFERS OF FUNDS)

For an additional amount for ‘‘Capital Improvement and 

Maintenance’’, $30,000,000, to remain available until expended, 

for necessary expenses, including cleanup, related to the consequences of hurricanes, floods and other natural disasters. 

WILDLAND FIRE MANAGEMENT

(INCLUDING TRANSFERS OF FUNDS)

For an additional amount for ‘‘Wildland Fire Management’’, 

$775,000,000, to remain available until expended, of which (1) 

$500,000,000 shall be available for emergency wildfire suppression 

and related activities, of which no less than $300,000,000 shall 

be transferred to Forest Service accounts within 15 days of enactment of this Act so that all such transfers for wildfire suppression 

in fiscal year 2008 are fully repaid, including $30,000,000 reallocated between programs in the Wildland Fire Management Account; 

and of which $100,000,000 shall be transferred within 15 days 

of enactment of this Act to the fund established by section 3 of 

Public Law 71–319 (16 U.S.C. 576 et seq.) to repay transfers made 

for previous emergency wildfire suppression activities; (2) 

$175,000,000 shall be available for hazardous fuels reduction and 

hazard mitigation activities in areas at high risk of catastrophic 

wildfire due to population density and fuel loads, of which 

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

all the authorities available to the Forest Service; (3) $75,000,000 

is for rehabilitation and restoration of Federal lands and may 

be transferred to other Forest Service accounts as necessary; and 

(4) $25,000,000 is for preparedness for retention initiatives in areas 

at high risk of catastrophic wildfire that face recurrent staffing 

shortages. 

CHAPTER 7—HEALTH AND HUMAN SERVICES AND 

EDUCATION 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

ADMINISTRATION FOR CHILDREN AND FAMILIES

SOCIAL SERVICES BLOCK GRANT

For an additional amount for ‘‘Social Services Block Grant’’, 

$600,000,000, which shall remain available through September 30, 

2009, for necessary expenses resulting from hurricanes, floods, and 

other natural disasters occurring during 2008 for which the President declared a major disaster under title IV of the Robert T. 

Stafford Disaster Relief and Emergency Assistance Act of 1974, 

and from Hurricanes Katrina and Rita, notwithstanding section 

2003 and paragraphs (1) and (4) of section 2005(a) of the Social 

Security Act: Provided, That notwithstanding section 2002 of the 
H. R. 2638—22 

Social Security Act, the distribution of such amount shall be limited 

to States directly affected by these events: Provided further, That 

the Secretary of Health and Human Services shall distribute such 

amount to eligible States based on demonstrated need in accordance 

with objective criteria that are made available to the public: Provided further, That in addition to other uses permitted by title 

XX of the Social Security Act, funds appropriated under this heading 

may be used for health services (including mental health services), 

and for repair, renovation, and construction of health care facilities 

(including mental health facilities), child care centers, and other 

social services facilities. 

DEPARTMENT OF EDUCATION 

SCHOOL IMPROVEMENT PROGRAMS

For an additional amount for ‘‘School Improvement Programs’’ 

for education for homeless children and youths (as defined in section 

725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 

11434a)), $15,000,000, to remain available through September 30, 

2009: Provided, That such funds shall be made available, based 

on demonstrated need, only to local educational agencies whose 

enrollment of homeless students has increased as a result of hurricanes, floods, and other natural disasters occurring during 2008 

for which the President declared a major disaster under title IV 

of the Robert T. Stafford Disaster Relief and Emergency Assistance 

Act of 1974: Provided further, That such funds shall be used for 

the activities described in section 723(d) of such Act (42 U.S.C. 

11433(d)) and services provided using such funds shall comply 

with paragraphs (2) and (3) of section 723(a) of such Act (42 U.S.C. 

11433(a)): Provided further, That the local educational agency 

requirements described in paragraphs (3) through (7) of section 

722(g) of such Act (42 U.S.C. 11432(g)) shall apply: Provided further, That the Secretary of Education shall distribute these funds to 

such local educational agencies not later than 120 days after the 

date of the enactment of this Act. 

HIGHER EDUCATION DISASTER RELIEF

For an additional amount under part B of title VII of the 

Higher Education Act of 1965 (‘‘HEA’’) for institutions of higher 

education (as defined in section 101 or section 102(c) of that Act) 

that are located in an area affected by hurricanes, floods, and 

other natural disasters occurring during 2008 for which the President declared a major disaster under title IV of the Robert T. 

Stafford Disaster Relief and Emergency Assistance Act of 1974, 

$15,000,000, to remain available through September 30, 2009: Provided, That such funds shall be available to the Secretary of Education only for payments to help defray the expenses (which may 

include lost revenue, reimbursement for expenses already incurred, 

and construction) incurred by such institutions of higher education 

that were forced to close, relocate, or whose operations were 

impaired as a result of damage directly caused by such hurricanes, 

floods, and other natural disasters occurring during 2008, and for 

payments to enable such institutions to provide grants to students 

who attend such institutions for academic years beginning on or 

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

be made in accordance with criteria established by the Secretary 
H. R. 2638—23 

and made publicly available without regard to section 437 of the 

General Education Provisions Act, section 553 of title 5, United 

States Code, or part B of title VII of the HEA: Provided further, 

That the Secretary shall award funds available under this paragraph not later than 60 days after the date of the enactment 

of this Act. 

GENERAL PROVISIONS, THIS CHAPTER 

SEC. 10701. (a) EXTENSION OF WAIVER AUTHORITY.—Section 

105 of subtitle A of title IV of division B of Public Law 109– 

148 (119 Stat. 2797) is amended— 

(1) in subsection (b)— 

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

2007.’’ and inserting ‘‘for any of fiscal years 2007 through 

2009.’’; and 

(B) by striking the second sentence; and 

(2) in subsection (c)(2), by striking ‘‘for fiscal year 2006 

or 2007’’ and inserting ‘‘for any fiscal year’’. 

(b) APPLICATION OF WAIVER AUTHORITY TO AREAS AFFECTED

IN 2008.—The authority of the Secretary of Education under section 

105 of subtitle A of title IV of division B of Public Law 109– 

148 (119 Stat. 2797), as amended by subsection (a), may be exercised 

with respect to an entity in an area affected by hurricanes, floods, 

and other natural disasters occurring during 2008 for which the 

President declared a major disaster under title IV of the Robert 

T. Stafford Disaster Relief and Emergency Assistance Act of 1974. 

SEC. 10702. (a) ALLOCATION AND USE OF CAMPUS-BASED

HIGHER EDUCATION ASSISTANCE.— 

(1) WAIVER OF MATCHING REQUIREMENTS.—Notwithstanding sections 413C(a)(2) and 443(b)(5) of the Higher Education Act of 1965 (20 U.S.C. 1070b-2(a)(2); 42 U.S.C. 

2753(b)(5)), with respect to funds made available for academic 

year 2009-2010 to an institution of higher education located 

in an area affected by a 2008 natural disaster, the Secretary 

shall waive the requirement that a participating institution 

of higher education provide a non-Federal share or a capital 

contribution, as the case may be, to match Federal funds provided to the institution for the programs authorized pursuant 

to subpart 3 of part A and part C of title IV of such Act. 

(2) WAIVER OF REALLOCATION RULES.— 

(A) AUTHORITY TO REALLOCATE.—Notwithstanding sections 413D(d) and 442(d) of the Higher Education Act of 

1965 (20 U.S.C. 1070b-3(d); 42 U.S.C. 2752(d)), the Secretary shall— 

(i) reallocate any funds returned under any of those 

sections that were allocated to institutions of higher 

education for award year 2008–2009 to an institution 

of higher education that is eligible under this paragraph; and 

(ii) waive the allocation reduction for award year 

2009-2010 for an institution returning more than 10 

percent of its allocation under any of those sections. 

(B) ELIGIBLE INSTITUTIONS FOR REALLOCATION.—An 

institution of higher education may receive a reallocation 

of excess allocations under this paragraph if the institution— 
H. R. 2638—24 

(i) participates in the program for which excess 

allocations are being reallocated; and 

(ii) is located in an area affected by a 2008 natural 

disaster. 

(C) BASIS OF REALLOCATION.—The Secretary shall 

determine the manner in which excess allocations shall 

be reallocated to institutions under subparagraph (A), and 

shall give additional consideration to the needs of institutions located in an area affected by a 2008 natural disaster. 

(D) ADDITIONAL WAIVER AUTHORITY.—Notwithstanding 

any other provision of law, in order to carry out this paragraph, the Secretary may waive or modify any statutory 

or regulatory provision relating to the reallocation of excess 

allocations under subpart 3 of part A or part C of title 

IV of the Higher Education Act of 1965 in order to ensure 

that assistance is received by institutions described in subsection (a)(2)(B). 

(b) DEFINITIONS.—In this section: 

(1) 2008 NATURAL DISASTER.—The term ‘‘2008 natural disaster’’ means a major disaster that the President declared 

to exist, in accordance with section 401 of the Robert T. Stafford 

Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) 

that was caused by hurricanes, floods, and other natural disasters during calendar year 2008. 

(2) AREA AFFECTED BY A 2008 NATURAL DISASTER.—The term 

‘‘area affected by a 2008 natural disaster’’ means a county 

or parish that has been designated by the Federal Emergency 

Management Agency for disaster assistance for individuals and 

households as a result of a 2008 natural disaster. 

(3) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher education’’ has the meaning given that term 

in section 102 of the Higher Education Act of 1965 (20 U.S.C. 

1002). 

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

of Education. 

CHAPTER 8—MILITARY CONSTRUCTION 

DEPARTMENT OF DEFENSE 

MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

For an additional amount for ‘‘Military Construction, Army 

National Guard’’, $25,000,000, to remain available until September 

30, 2013, for construction due to damages as a result of natural 

disasters: Provided, That notwithstanding any other provision of 

law, such funds may be obligated and expended to carry out planning and design and military contruction projects not otherwise 

authorized by law: Provided further, That within 30 days of enactment of this Act, the Army National Guard shall submit to the 

Committees on Appropriations of both Houses of Congress an 

expenditure plan for funds provided under this heading. 
H. R. 2638—25 

CHAPTER 9—DEPARTMENT OF STATE AND FOREIGN 

OPERATIONS 

INTERNATIONAL COMMISSIONS

INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES

AND MEXICO

CONSTRUCTION

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

quantity program to meet immediate and emergency repair and 

rehabilitation requirements, $37,500,000, to remain available until 

expended: Provided, That up to $3,000,000 may be transferred 

to, and merged with, funds available under the heading ‘‘International Boundary and Water Commission—Salaries and 

Expenses’’: Provided further, That not later than 60 days after 

enactment of this Act, the Commission shall submit to the Committees on Appropriations of the House of Representatives and the 

Senate a detailed spending plan for funds appropriated under this 

heading. 

CHAPTER 10—TRANSPORTATION AND HOUSING AND 

URBAN DEVELOPMENT 

DEPARTMENT OF TRANSPORTATION 

FEDERAL HIGHWAY ADMINISTRATION

FEDERAL-AID HIGHWAYS

EMERGENCY RELIEF PROGRAM

For an additional amount for the Emergency Relief Program 

as authorized under section 125 of title 23, United States Code, 

$850,000,000, to remain available until expended: Provided, That 

notwithstanding section 125(d)(1) of such title, the Secretary of 

Transportation may obligate more than $100,000,000 for eligible 

expenses in a State in a fiscal year to respond to damage caused 

by Hurricanes Gustav and Ike. 

FEDERAL RAILROAD ADMINISTRATION

RAILROAD REHABILITATION AND REPAIR

For necessary expenses for the Secretary of Transportation 

to make grants to repair and rehabilitate Class II and Class III 

railroad infrastructure damaged by hurricanes, floods, and other 

natural disasters in areas for which the President declared a major 

disaster under title IV of the Robert T. Stafford Disaster Relief 

and Emergency Assistance Act of 1974, $20,000,000, to remain 

available until expended, and to be awarded to States on a competitive case-by-case basis based on need: Provided, That funds available under this heading shall be available for repair and rehabilitation of railroad rights-of-way, bridges, signals, and other infrastructure which is part of the general railroad system of transportation 

and primarily used by railroads to move freight traffic: Provided 

further, That the maximum Federal share for carrying out a project 
H. R. 2638—26 

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

the non-Federal share provided only in cash, equipment or supplies: 

Provided further, That the Secretary may retain up to one-half 

of 1 percent of the funds under this heading to fund the oversight 

by the Administrator of the Federal Railroad Administration of 

the design and implementation of projects funded by grants made 

under this heading: Provided further, That the provisions of section 

24312 of title 49, United States Code, shall apply to grantees 

assisted under this heading: Provided further, That grantees must 

exhaust all other Federal and State resources prior to seeking 

assistance under this heading. 

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 

PUBLIC AND INDIAN HOUSING

TENANT-BASED RENTAL ASSISTANCE

For an additional amount for ‘‘Tenant-Based Rental Assistance’’, as authorized under the United States Housing Act of 1937 

(42 U.S.C. 1437 et seq.), not otherwise provided for, $85,000,000, 

to remain available until expended, for incremental housing assistance, including related administrative expenses, for persons assisted 

under the Disaster Housing Assistance Program whose assistance 

would otherwise end on March 1, 2009. 

PROJECT-BASED RENTAL ASSISTANCE

For an additional amount to areas impacted by Hurricanes 

Katrina and Rita for project-based vouchers under section 8(o)(13) 

of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(13)), 

$50,000,000, to remain available until expended. 

PUBLIC HOUSING CAPITAL FUND

For an additional amount to be made available to the Secretary 

of Housing and Urban Development, $15,000,000, notwithstanding 

any other provision of law, to be used solely for the redevelopment 

of public housing impacted by Hurricanes Katrina and Rita. 

COMMUNITY PLANNING AND DEVELOPMENT

COMMUNITY DEVELOPMENT FUND

For an additional amount for the ‘‘Community Development 

Fund’’, for necessary expenses related to disaster relief, long-term 

recovery, and restoration of infrastructure, housing, and economic 

revitalization in areas affected by hurricanes, floods, and other 

natural disasters occuring during 2008 for which the President 

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

Disaster Relief and Emergency Assistance Act of 1974, 

$6,500,000,000, to remain available until expended, for activities 

authorized under title I of the Housing and Community Development Act of 1974 (Public Law 93–383): Provided, That funds provided under this heading shall be administered through an entity 

or entities designated by the Governor of each State: Provided 

further, That such funds may not be used for activities reimbursable 

by, or for which funds are made available by, the Federal Emergency 
H. R. 2638—27 

Management Agency or the Army Corps of Engineers: Provided 

further, That funds allocated under this heading shall not adversely 

affect the amount of any formula assistance received by a State 

under the Community Development Fund: Provided further, That 

each State may use up to 5 percent of its allocation for administrative costs: Provided further, That $6,500,000 shall be available 

for use by the Assistant Secretary of Community Planning and 

Development for the administrative costs, including information 

technology costs, with respect to amounts made available under 

this section and under section 2301(a) of the Housing and Economic 

Recovery Act of 2008. Provided further, That not less than 

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

according to the allocation made to each State under this heading 

shall be used for repair, rehabilitation, and reconstruction (including 

demolition, site clearance and remediation) of the affordable rental 

housing stock (including public and other HUD-assisted housing) 

in the impacted areas where there is a demonstrated need as 

determined by the Secretary: Provided further, That in administering the funds under this heading, the Secretary of Housing 

and Urban Development may waive, or specify alternative requirements for, any provision of any statute or regulation that the 

Secretary administers in connection with the obligation by the 

Secretary or the use by the recipient of these funds or guarantees 

(except for requirements related to fair housing, nondiscrimination, 

labor standards, and the environment), upon a request by a State 

explaining why such waiver is required to facilitate the use of 

such funds or guarantees, if the Secretary finds that such waiver 

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

the Housing and Community Development Act of 1974: Provided 

further, That a waiver granted by the Secretary under the preceding 

proviso may not reduce the percentage of funds which must be 

used for activities that benefit persons of low and moderate income 

to less than 50 percent, unless the Secretary specifically finds 

that there is compelling need to further reduce or eliminate the 

percentage requirement: Provided further, That the Secretary shall 

publish in the Federal Register any waiver of any statute or regulation that the Secretary administers pursuant to title I of the 

Housing and Community Development Act of 1974 no later than 

5 days before the effective date of such waiver: Provided further, That every waiver made by the Secretary must be reconsidered 

according to the three previous provisos on the 2-year anniversary 

of the day the Secretary published the waiver in the Federal Register: Provided further, That the Secretary shall allocate to the 

states not less than 33 percent of the funding provided under 

this heading within 60 days after the enactment of this Act based 

on the best estimates available of relative damage and anticipated 

assistance from other Federal sources: Provided further, That prior 

to the obligation of funds each State shall submit a plan to the 

Secretary detailing the proposed use of all funds, including criteria 

for eligibility and how the use of these funds will address longterm recovery and restoration of infrastructure: Provided further, 

That each State will report quarterly to the Committees on Appropriations on all awards and uses of funds made available under 

this heading, including specifically identifying all awards of solesource contracts and the rationale for making the award on a 

sole-source basis: Provided further, That the Secretary shall notify 

the Committees on Appropriations of any proposed allocation of 
H. R. 2638—28 

any funds and any related waivers made pursuant to the provisions 

under this heading no later than 5 days before such allocation 

or waiver is made: Provided further, That the Secretary shall establish procedures to prevent recipients from receiving any duplication 

of benefits and report quarterly to the Committees on Appropriations with regard to all steps taken to prevent fraud and abuse 

of funds made available under this heading including duplication 

of benefits: Provided further, That none of the funds provided under 

this heading may be used by a State or locality as a matching 

requirement, share, or contribution for any other Federal program. 

GENERAL PROVISIONS, THIS CHAPTER 

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

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

SEC. 11002. The Secretary of Housing and Urban Development 

(‘‘Secretary’’) is authorized to transfer, at the request of the project 

owner, any project-based assistance contract in its entirety entered 

into pursuant to section 8 of the United States Housing Act of 

1937 (42 U.S.C. 1437f) (and any use restriction on the project) 

from one project to another project. The Secretary shall make 

a determination of approval or disapproval within 60 days of receipt 

of the proper documentation required for such transfer, as determined by the Secretary, if— 

(1) the project from which the contract is transferred is 

destroyed, damaged by Hurricanes Katrina or Rita, or is considered beyond repair, physically obsolete, or economically 

infeasible; and 

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

project to which the contract is transferred is approximately 

at least equal to the number of individuals that could be served 

in the project from which the contract is transferred, and any 

difference in the unit count and bedroom configuration between 

the two projects shall be immaterial to the Secretary’s authority 

to transfer the contract. 

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

by deleting ‘‘calendar years 2006 and 2007’’ and inserting ‘‘calendar 

years 2006, 2007, 2008, and 2009’’. 

TITLE II—OTHER SUPPLEMENTAL APPROPRIATIONS 

CHAPTER 1—STATE AND FOREIGN OPERATIONS 

DEPARTMENT OF STATE 

OFFICE OF INSPECTOR GENERAL

(INCLUDING TRANSFER OF FUNDS) 

For an additional amount for ‘‘Office of Inspector General’’, 

$9,000,000, which shall be transferred to the Special Inspector 

General for Afghanistan Reconstruction for reconstruction oversight, 

to remain available until September 30, 2010. 
H. R. 2638—29 

BILATERAL ECONOMIC ASSISTANCE 

OTHER BILATERAL ECONOMIC ASSISTANCE

ECONOMIC SUPPORT FUND

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Economic Support Fund’’, 

$465,000,000, to remain available until September 30, 2010, of 

which up to $5,000,000 may be made available for administrative 

expenses of the United States Agency for International Development, in addition to amounts otherwise made available for such 

purposes: Provided, That of the funds appropriated under this 

heading, $365,000,000 shall be made available for assistance for 

Georgia and the region for humanitarian and economic relief, 

reconstruction, energy-related programs and democracy activities, 

and may be transferred to, and merged with, funds appropriated 

under the headings ‘‘Assistance for the Independent States of the 

Former Soviet Union’’ and ‘‘International Disaster Assistance’’, of 

which up to $8,000,000 may be transferred to, and merged with, 

funds made available for ‘‘International Broadcasting Operations’’ 

for broadcasting activities to Georgia, Russia and the region: Provided further, That none of the funds made available in prior 

Acts making appropriations for foreign operations, export financing, 

and related programs under the headings ‘‘Assistance for the Independent States of the Former Soviet Union’’ and ‘‘Assistance for 

Eastern Europe and the Baltic States’’, or funds appropriated for 

Iraq for the Community Stabilization Program under the heading 

‘‘Economic Support Fund’’ in Public Law 110-252, may be 

reprogrammed for assistance for Georgia: Provided further, That 

of the funds appropriated under this heading, not less than 

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

reconstruction assistance for Haiti and other Caribbean countries: 

Provided further, That funds appropriated under this heading shall 

be subject to prior consultation with, and the regular notification 

procedures of, the Committees on Appropriations. 

CHAPTER 2—AGRICULTURE 

BILL EMERSON HUMANITARIAN TRUST

SEC. 20201. There is hereby appropriated to the Secretary 

of Agriculture $100,000,000, to remain available until expended, 

to carry out the Bill Emerson Humanitarian Trust, as authorized 

by the Bill Emerson Humanitarian Trust Act (7 U.S.C. 1736f– 

1). 

TITLE III—GENERAL PROVISIONS 

SHORT TITLE

SEC. 30001. This division may be cited as the ‘‘Disaster Relief 

and Recovery Supplemental Appropriations Act, 2008’’. 

EMERGENCY DESIGNATION

SEC. 30002. Each amount in this Act is designated as an 

emergency requirement and necessary to meet emergency needs 
H. R. 2638—30 

pursuant to section 204(a) of S. Con. Res. 21 (110th Congress) 

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

concurrent resolutions on the budget for fiscal years 2008 and 

2009. 

COORDINATION OF PROVISIONS

SEC. 30003. Unless otherwise expressly provided, each amount 

in this Act is a supplemental appropriation for fiscal year 2008 

or, if enacted after September 30, 2008, for fiscal year 2009. 

DIVISION C—DEPARTMENT OF DEFENSE APPROPRIATIONS 

ACT, 2009 

That the following sums are appropriated, out of any money in 

the Treasury not otherwise appropriated, for the fiscal year ending 

September 30, 2009, for military functions administered by the 

Department of Defense and for other purposes, namely: 

TITLE I 

MILITARY PERSONNEL 

MILITARY PERSONNEL, ARMY

For pay, allowances, individual clothing, subsistence, interest 

on deposits, gratuities, permanent change of station travel 

(including all expenses thereof for organizational movements), and 

expenses of temporary duty travel between permanent duty stations, for members of the Army on active duty, (except members 

of reserve components provided for elsewhere), cadets, and aviation 

cadets; for members of the Reserve Officers’ Training Corps; and 

for payments pursuant to section 156 of Public Law 97–377, as 

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

Military Retirement Fund, $36,382,736,000. 

MILITARY PERSONNEL, NAVY

For pay, allowances, individual clothing, subsistence, interest 

on deposits, gratuities, permanent change of station travel 

(including all expenses thereof for organizational movements), and 

expenses of temporary duty travel between permanent duty stations, for members of the Navy on active duty (except members 

of the Reserve provided for elsewhere), midshipmen, and aviation 

cadets; for members of the Reserve Officers’ Training Corps; and 

for payments pursuant to section 156 of Public Law 97–377, as 

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

Military Retirement Fund, $24,037,553,000. 

MILITARY PERSONNEL, MARINE CORPS

For pay, allowances, individual clothing, subsistence, interest 

on deposits, gratuities, permanent change of station travel 

(including all expenses thereof for organizational movements), and 

expenses of temporary duty travel between permanent duty stations, for members of the Marine Corps on active duty (except 

members of the Reserve provided for elsewhere); and for payments 

pursuant to section 156 of Public Law 97–377, as amended (42 
H. R. 2638—31 

U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $11,792,974,000. 

MILITARY PERSONNEL, AIR FORCE

For pay, allowances, individual clothing, subsistence, interest 

on deposits, gratuities, permanent change of station travel 

(including all expenses thereof for organizational movements), and 

expenses of temporary duty travel between permanent duty stations, for members of the Air Force on active duty (except members 

of reserve components provided for elsewhere), cadets, and aviation 

cadets; for members of the Reserve Officers’ Training Corps; and 

for payments pursuant to section 156 of Public Law 97–377, as 

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

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

RESERVE PERSONNEL, ARMY

For pay, allowances, clothing, subsistence, gratuities, travel, 

and related expenses for personnel of the Army Reserve on active 

duty under sections 10211, 10302, and 3038 of title 10, United 

States Code, or while serving on active duty under section 12301(d) 

of title 10, United States Code, in connection with performing 

duty specified in section 12310(a) of title 10, United States Code, 

or while undergoing reserve training, or while performing drills 

or equivalent duty or other duty, and expenses authorized by section 

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

Department of Defense Military Retirement Fund, $3,904,296,000. 

RESERVE PERSONNEL, NAVY

For pay, allowances, clothing, subsistence, gratuities, travel, 

and related expenses for personnel of the Navy Reserve on active 

duty under section 10211 of title 10, United States Code, or while 

serving on active duty under section 12301(d) of title 10, United 

States Code, in connection with performing duty specified in section 

12310(a) of title 10, United States Code, or while undergoing reserve 

training, or while performing drills or equivalent duty, and expenses 

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

for payments to the Department of Defense Military Retirement 

Fund, $1,855,968,000. 

RESERVE PERSONNEL, MARINE CORPS

For pay, allowances, clothing, subsistence, gratuities, travel, 

and related expenses for personnel of the Marine Corps Reserve 

on active duty under section 10211 of title 10, United States Code, 

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

10, United States Code, in connection with performing duty specified 

in section 12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent 

duty, and for members of the Marine Corps platoon leaders class, 

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

Code; and for payments to the Department of Defense Military 

Retirement Fund, $584,910,000. 
H. R. 2638—32 

RESERVE PERSONNEL, AIR FORCE

For pay, allowances, clothing, subsistence, gratuities, travel, 

and related expenses for personnel of the Air Force Reserve on 

active duty under sections 10211, 10305, and 8038 of title 10, 

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

12301(d) of title 10, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States 

Code, or while undergoing reserve training, or while performing 

drills or equivalent duty or other duty, and expenses authorized 

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

to the Department of Defense Military Retirement Fund, 

$1,423,676,000. 

NATIONAL GUARD PERSONNEL, ARMY

For pay, allowances, clothing, subsistence, gratuities, travel, 

and related expenses for personnel of the Army National Guard 

while on duty under section 10211, 10302, or 12402 of title 10 

or section 708 of title 32, United States Code, or while serving 

on duty under section 12301(d) of title 10 or section 502(f) of 

title 32, United States Code, in connection with performing duty 

specified in section 12310(a) of title 10, United States Code, or 

while undergoing training, or while performing drills or equivalent 

duty or other duty, and expenses authorized by section 16131 of 

title 10, United States Code; and for payments to the Department 

of Defense Military Retirement Fund, $6,616,220,000. 

NATIONAL GUARD PERSONNEL, AIR FORCE

For pay, allowances, clothing, subsistence, gratuities, travel, 

and related expenses for personnel of the Air National Guard on 

duty under section 10211, 10305, or 12402 of title 10 or section 

708 of title 32, United States Code, or while serving on duty 

under section 12301(d) of title 10 or section 502(f) of title 32, 

United States Code, in connection with performing duty specified 

in section 12310(a) of title 10, United States Code, or while undergoing training, or while performing drills or equivalent duty or 

other duty, and expenses authorized by section 16131 of title 10, 

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

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

TITLE II 

OPERATION AND MAINTENANCE 

OPERATION AND MAINTENANCE, ARMY

(INCLUDING TRANSFER OF FUNDS)

For expenses, not otherwise provided for, necessary for the 

operation and maintenance of the Army, as authorized by law; 

and not to exceed $11,478,000 can be used for emergencies and 

extraordinary expenses, to be expended on the approval or authority 

of the Secretary of the Army, and payments may be made on 

his certificate of necessity for confidential military purposes, 

$31,207,243,000: Provided, That of the funds made available under 
H. R. 2638—33 

this heading, $2,500,000 shall be available for Fort Baker, in accordance with terms and conditions as provided under the heading 

‘‘Operation and Maintenance, Army’’, in Public Law 107–117. 

OPERATION AND MAINTENANCE, NAVY

For expenses, not otherwise provided for, necessary for the 

operation and maintenance of the Navy and the Marine Corps, 

as authorized by law; and not to exceed $14,657,000 can be used 

for emergencies and extraordinary expenses, to be expended on 

the approval or authority of the Secretary of the Navy, and payments may be made on his certificate of necessity for confidential 

military purposes, $34,410,773,000. 

OPERATION AND MAINTENANCE, MARINE CORPS

For expenses, not otherwise provided for, necessary for the 

operation and maintenance of the Marine Corps, as authorized 

by law, $5,519,232,000. 

OPERATION AND MAINTENANCE, AIR FORCE

For expenses, not otherwise provided for, necessary for the 

operation and maintenance of the Air Force, as authorized by law; 

and not to exceed $7,699,000 can be used for emergencies and 

extraordinary expenses, to be expended on the approval or authority 

of the Secretary of the Air Force, and payments may be made 

on his certificate of necessity for confidential military purposes, 

$34,865,964,000. 

OPERATION AND MAINTENANCE, DEFENSE-WIDE

(INCLUDING TRANSFER OF FUNDS)

For expenses, not otherwise provided for, necessary for the 

operation and maintenance of activities and agencies of the Department of Defense (other than the military departments), as authorized by law, $25,939,466,000: Provided, That not more than 

$50,000,000 may be used for the Combatant Commander Initiative 

Fund authorized under section 166a of title 10, United States 

Code: Provided further, That not to exceed $36,000,000 can be 

used for emergencies and extraordinary expenses, to be expended 

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

payments may be made on his certificate of necessity for confidential 

military purposes: Provided further, That of the funds provided 

under this heading, not less than $29,900,000 shall be made available for the Procurement Technical Assistance Cooperative Agreement Program, of which not less than $3,600,000 shall be available 

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

none of the funds appropriated or otherwise made available by 

this Act may be used to plan or implement the consolidation of 

a budget or appropriations liaison office of the Office of the Secretary of Defense, the office of the Secretary of a military department, or the service headquarters of one of the Armed Forces 

into a legislative affairs or legislative liaison office: Provided further, 

That, notwithstanding section 130(a) of title 10, United States 

Code, not less than $46,970,000 shall be available for the Office 

of the Undersecretary of Defense, Comptroller and Chief Financial 
H. R. 2638—34 

Officer: Provided further, That $4,000,000, to remain available until 

expended, is available only for expenses relating to certain classified 

activities, and may be transferred as necessary by the Secretary 

to operation and maintenance appropriations or research, development, test and evaluation appropriations, to be merged with and 

to be available for the same time period as the appropriations 

to which transferred: Provided further, That any ceiling on the 

investment item unit cost of items that may be purchased with 

operation and maintenance funds shall not apply to the funds 

described in the preceding proviso: Provided further, That the 

transfer authority provided under this heading is in addition to 

any other transfer authority provided elsewhere in this Act. 

OPERATION AND MAINTENANCE, ARMY RESERVE

For expenses, not otherwise provided for, necessary for the 

operation and maintenance, including training, organization, and 

administration, of the Army Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; 

care of the dead; recruiting; procurement of services, supplies, and 

equipment; and communications, $2,628,896,000. 

OPERATION AND MAINTENANCE, NAVY RESERVE

For expenses, not otherwise provided for, necessary for the 

operation and maintenance, including training, organization, and 

administration, of the Navy Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; 

care of the dead; recruiting; procurement of services, supplies, and 

equipment; and communications, $1,308,141,000. 

OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

For expenses, not otherwise provided for, necessary for the 

operation and maintenance, including training, organization, and 

administration, of the Marine Corps Reserve; repair of facilities 

and equipment; hire of passenger motor vehicles; travel and 

transportation; care of the dead; recruiting; procurement of services, 

supplies, and equipment; and communications, $212,487,000. 

OPERATION AND MAINTENANCE, AIR FORCE RESERVE

For expenses, not otherwise provided for, necessary for the 

operation and maintenance, including training, organization, and 

administration, of the Air Force Reserve; repair of facilities and 

equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications, $3,018,151,000. 

OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

For expenses of training, organizing, and administering the 

Army National Guard, including medical and hospital treatment 

and related expenses in non-Federal hospitals; maintenance, operation, and repairs to structures and facilities; hire of passenger 

motor vehicles; personnel services in the National Guard Bureau; 

travel expenses (other than mileage), as authorized by law for 

Army personnel on active duty, for Army National Guard division, 
H. R. 2638—35 

regimental, and battalion commanders while inspecting units in 

compliance with National Guard Bureau regulations when specifically authorized by the Chief, National Guard Bureau; supplying 

and equipping the Army National Guard as authorized by law; 

and expenses of repair, modification, maintenance, and issue of 

supplies and equipment (including aircraft), $5,858,303,000. 

OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

For expenses of training, organizing, and administering the 

Air National Guard, including medical and hospital treatment and 

related expenses in non-Federal hospitals; maintenance, operation, 

and repairs to structures and facilities; transportation of things, 

hire of passenger motor vehicles; supplying and equipping the Air 

National Guard, as authorized by law; expenses for repair, modification, maintenance, and issue of supplies and equipment, including 

those furnished from stocks under the control of agencies of the 

Department of Defense; travel expenses (other than mileage) on 

the same basis as authorized by law for Air National Guard personnel on active Federal duty, for Air National Guard commanders 

while inspecting units in compliance with National Guard Bureau 

regulations when specifically authorized by the Chief, National 

Guard Bureau, $5,901,044,000. 

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

For salaries and expenses necessary for the United States Court of Appeals for the Armed Forces, $13,254,000, of which not 

to exceed $5,000 may be used for official representation purposes. 

ENVIRONMENTAL RESTORATION, ARMY

(INCLUDING TRANSFER OF FUNDS)

For the Department of the Army, $457,776,000, to remain 

available until transferred: Provided, That the Secretary of the 

Army shall, upon determining that such funds are required for 

environmental restoration, reduction and recycling of hazardous 

waste, removal of unsafe buildings and debris of the Department 

of the Army, or for similar purposes, transfer the funds made 

available by this appropriation to other appropriations made available to the Department of the Army, to be merged with and to 

be available for the same purposes and for the same time period 

as the appropriations to which transferred: Provided further, That 

upon a determination that all or part of the funds transferred 

from this appropriation are not necessary for the purposes provided 

herein, such amounts may be transferred back to this appropriation: 

Provided further, That the transfer authority provided under this 

heading is in addition to any other transfer authority provided 

elsewhere in this Act. 

ENVIRONMENTAL RESTORATION, NAVY

(INCLUDING TRANSFER OF FUNDS)

For the Department of the Navy, $290,819,000, to remain available until transferred: Provided, That the Secretary of the Navy 

shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, 
H. R. 2638—36 

removal of unsafe buildings and debris of the Department of the 

Navy, or for similar purposes, transfer the funds made available 

by this appropriation to other appropriations made available to 

the Department of the Navy, to be merged with and to be available 

for the same purposes and for the same time period as the appropriations to which transferred: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such 

amounts may be transferred back to this appropriation: Provided 

further, That the transfer authority provided under this heading 

is in addition to any other transfer authority provided elsewhere 

in this Act. 

ENVIRONMENTAL RESTORATION, AIR FORCE

(INCLUDING TRANSFER OF FUNDS)

For the Department of the Air Force, $496,277,000, to remain 

available until transferred: Provided, That the Secretary of the 

Air Force shall, upon determining that such funds are required 

for environmental restoration, reduction and recycling of hazardous 

waste, removal of unsafe buildings and debris of the Department 

of the Air Force, or for similar purposes, transfer the funds made 

available by this appropriation to other appropriations made available to the Department of the Air Force, to be merged with and 

to be available for the same purposes and for the same time period 

as the appropriations to which transferred: Provided further, That 

upon a determination that all or part of the funds transferred 

from this appropriation are not necessary for the purposes provided 

herein, such amounts may be transferred back to this appropriation: 

Provided further, That the transfer authority provided under this 

heading is in addition to any other transfer authority provided 

elsewhere in this Act. 

ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

(INCLUDING TRANSFER OF FUNDS)

For the Department of Defense, $13,175,000, to remain available until transferred: Provided, That the Secretary of Defense 

shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, 

removal of unsafe buildings and debris of the Department of 

Defense, or for similar purposes, transfer the funds made available 

by this appropriation to other appropriations made available to 

the Department of Defense, to be merged with and to be available 

for the same purposes and for the same time period as the appropriations to which transferred: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such 

amounts may be transferred back to this appropriation: Provided 

further, That the transfer authority provided under this heading 

is in addition to any other transfer authority provided elsewhere 

in this Act. 
H. R. 2638—37 

ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES

(INCLUDING TRANSFER OF FUNDS)

For the Department of the Army, $291,296,000, to remain 

available until transferred: Provided, That the Secretary of the 

Army shall, upon determining that such funds are required for 

environmental restoration, reduction and recycling of hazardous 

waste, removal of unsafe buildings and debris at sites formerly 

used by the Department of Defense, transfer the funds made available by this appropriation to other appropriations made available 

to the Department of the Army, to be merged with and to be 

available for the same purposes and for the same time period 

as the appropriations to which transferred: Provided further, That 

upon a determination that all or part of the funds transferred 

from this appropriation are not necessary for the purposes provided 

herein, such amounts may be transferred back to this appropriation: 

Provided further, That the transfer authority provided under this 

heading is in addition to any other transfer authority provided 

elsewhere in this Act. 

OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

For expenses relating to the Overseas Humanitarian, Disaster, 

and Civic Aid programs of the Department of Defense (consisting 

of the programs provided under sections 401, 402, 404, 407, 2557, 

and 2561 of title 10, United States Code), $83,273,000, to remain 

available until September 30, 2010. 

COOPERATIVE THREAT REDUCTION ACCOUNT

For assistance to the republics of the former Soviet Union, 

including assistance provided by contract or by grants, for facilitating the elimination and the safe and secure transportation and 

storage of nuclear, chemical and other weapons; for establishing 

programs to prevent the proliferation of weapons, weapons components, and weapon-related technology and expertise; for programs 

relating to the training and support of defense and military personnel for demilitarization and protection of weapons, weapons 

components and weapons technology and expertise, and for defense 

and military contacts, $434,135,000, to remain available until September 30, 2011: Provided, That of the amounts provided under 

this heading, $12,000,000 shall be available only to support the 

dismantling and disposal of nuclear submarines, submarine reactor 

components, and security enhancements for transport and storage 

of nuclear warheads in the Russian Far East. 

TITLE III 

PROCUREMENT 

AIRCRAFT PROCUREMENT, ARMY

For construction, procurement, production, modification, and 

modernization of aircraft, equipment, including ordnance, ground 

handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private 

plants, including the land necessary therefor, for the foregoing 
H. R. 2638—38 

purposes, and such lands and interests therein, may be acquired, 

and construction prosecuted thereon prior to approval of title; and 

procurement and installation of equipment, appliances, and 

machine tools in public and private plants; reserve plant and 

Government and contractor-owned equipment layaway; and other 

expenses necessary for the foregoing purposes, $4,900,835,000, to 

remain available for obligation until September 30, 2011. 

MISSILE PROCUREMENT, ARMY

For construction, procurement, production, modification, and 

modernization of missiles, equipment, including ordnance, ground 

handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private 

plants, including the land necessary therefor, for the foregoing 

purposes, and such lands and interests therein, may be acquired, 

and construction prosecuted thereon prior to approval of title; and 

procurement and installation of equipment, appliances, and 

machine tools in public and private plants; reserve plant and 

Government and contractor-owned equipment layaway; and other 

expenses necessary for the foregoing purposes, $2,185,060,000, to 

remain available for obligation until September 30, 2011. 

PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, 

ARMY

For construction, procurement, production, and modification 

of weapons and tracked combat vehicles, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment 

and training devices; expansion of public and private plants, 

including the land necessary therefor, for the foregoing purposes, 

and such lands and interests therein, may be acquired, and 

construction prosecuted thereon prior to approval of title; and 

procurement and installation of equipment, appliances, and 

machine tools in public and private plants; reserve plant and 

Government and contractor-owned equipment layaway; and other 

expenses necessary for the foregoing purposes, $3,169,128,000, to 

remain available for obligation until September 30, 2011. 

PROCUREMENT OF AMMUNITION, ARMY

For construction, procurement, production, and modification 

of ammunition, and accessories therefor; specialized equipment and 

training devices; expansion of public and private plants, including 

ammunition facilities, authorized by section 2854 of title 10, United 

States Code, and the land necessary therefor, for the foregoing 

purposes, and such lands and interests therein, may be acquired, 

and construction prosecuted thereon prior to approval of title; and 

procurement and installation of equipment, appliances, and 

machine tools in public and private plants; reserve plant and 

Government and contractor-owned equipment layaway; and other 

expenses necessary for the foregoing purposes, $2,287,398,000, to 

remain available for obligation until September 30, 2011. 

OTHER PROCUREMENT, ARMY

For construction, procurement, production, and modification 

of vehicles, including tactical, support, and non-tracked combat 
H. R. 2638—39 

vehicles; the purchase of passenger motor vehicles for replacement 

only; and the purchase of 3 vehicles required for physical security 

of personnel, notwithstanding price limitations applicable to passenger vehicles but not to exceed $262,000 per vehicle; communications and electronic equipment; other support equipment; spare 

parts, ordnance, and accessories therefor; specialized equipment 

and training devices; expansion of public and private plants, 

including the land necessary therefor, for the foregoing purposes, 

and such lands and interests therein, may be acquired, and 

construction prosecuted thereon prior to approval of title; and 

procurement and installation of equipment, appliances, and 

machine tools in public and private plants; reserve plant and 

Government and contractor-owned equipment layaway; and other 

expenses necessary for the foregoing purposes, $10,684,014,000, 

to remain available for obligation until September 30, 2011. 

AIRCRAFT PROCUREMENT, NAVY

For construction, procurement, production, modification, and 

modernization of aircraft, equipment, including ordnance, spare 

parts, and accessories therefor; specialized equipment; expansion 

of public and private plants, including the land necessary therefor, 

and such lands and interests therein, may be acquired, and 

construction prosecuted thereon prior to approval of title; and 

procurement and installation of equipment, appliances, and 

machine tools in public and private plants; reserve plant and 

Government and contractor-owned equipment layaway, 

$14,141,318,000, to remain available for obligation until September 

30, 2011. 

WEAPONS PROCUREMENT, NAVY

For construction, procurement, production, modification, and 

modernization of missiles, torpedoes, other weapons, and related 

support equipment including spare parts, and accessories therefor; 

expansion of public and private plants, including the land necessary 

therefor, and such lands and interests therein, may be acquired, 

and construction prosecuted thereon prior to approval of title; and 

procurement and installation of equipment, appliances, and 

machine tools in public and private plants; reserve plant and 

Government and contractor-owned equipment layaway, 

$3,292,972,000, to remain available for obligation until September 

30, 2011. 

PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS

For construction, procurement, production, and modification 

of ammunition, and accessories therefor; specialized equipment and 

training devices; expansion of public and private plants, including 

ammunition facilities, authorized by section 2854 of title 10, United 

States Code, and the land necessary therefor, for the foregoing 

purposes, and such lands and interests therein, may be acquired, 

and construction prosecuted thereon prior to approval of title; and 

procurement and installation of equipment, appliances, and 

machine tools in public and private plants; reserve plant and 

Government and contractor-owned equipment layaway; and other 

expenses necessary for the foregoing purposes, $1,085,158,000, to 

remain available for obligation until September 30, 2011. 
H. R. 2638—40 

SHIPBUILDING AND CONVERSION, NAVY

For expenses necessary for the construction, acquisition, or 

conversion of vessels as authorized by law, including armor and 

armament thereof, plant equipment, appliances, and machine tools 

and installation thereof in public and private plants; reserve plant 

and Government and contractor-owned equipment layaway; 

procurement of critical, long leadtime components and designs for 

vessels to be constructed or converted in the future; and expansion 

of public and private plants, including land necessary therefor, 

and such lands and interests therein, may be acquired, and 

construction prosecuted thereon prior to approval of title, as follows: Carrier Replacement Program, $2,692,607,000; 

Carrier Replacement Program (AP), $1,214,188,000; 

NSSN, $2,107,040,000; 

NSSN (AP), $1,395,548,000; 

CVN Refueling, $593,534,000; 

CVN Refuelings (AP), $21,389,000; 

SSBN Submarine Refuelings, $221,823,000; 

SSBN Submarine Refuelings (AP), $39,363,000; 

DDG–1000 Program, $1,508,803,000; 

DDG–51 Destroyer (AP), $200,000,000; 

Littoral Combat Ship, $1,020,000,000; 

LPD–17, $933,216,000; 

LHA–R (AP), $178,300,000; 

Intratheater Connector, $174,782,000; 

LCAC Service Life Extension Program, $110,918,000; 

Prior year shipbuilding costs, $165,152,000; 

Service Craft, $48,117,000; and 

For outfitting, post delivery, conversions, and first destina- tion transportation, $429,587,000. 

In all: $13,054,367,000, to remain available for obligation until 

September 30, 2013: Provided, That additional obligations may 

be incurred after September 30, 2013, for engineering services, 

tests, evaluations, and other such budgeted work that must be 

performed in the final stage of ship construction: Provided further, That none of the funds provided under this heading for the construction or conversion of any naval vessel to be constructed in shipyards 

in the United States shall be expended in foreign facilities for 

the construction of major components of such vessel: Provided further, That none of the funds provided under this heading shall 

be used for the construction of any naval vessel in foreign shipyards. 

OTHER PROCUREMENT, NAVY

For procurement, production, and modernization of support 

equipment and materials not otherwise provided for, Navy ordnance 

(except ordnance for new aircraft, new ships, and ships authorized 

for conversion); the purchase of passenger motor vehicles for 

replacement only, and the purchase of seven vehicles required for 

physical security of personnel, notwithstanding price limitations 

applicable to passenger vehicles but not to exceed $262,000 per 

vehicle; expansion of public and private plants, including the land 

necessary therefor, and such lands and interests therein, may be 

acquired, and construction prosecuted thereon prior to approval 

of title; and procurement and installation of equipment, appliances, 

and machine tools in public and private plants; reserve plant and 

Government and contractor-owned equipment layaway, 
H. R. 2638—41 

$5,250,627,000, to remain available for obligation until September 

30, 2011. 

PROCUREMENT, MARINE CORPS

For expenses necessary for the procurement, manufacture, and 

modification of missiles, armament, military equipment, spare 

parts, and accessories therefor; plant equipment, appliances, and 

machine tools, and installation thereof in public and private plants; 

reserve plant and Government and contractor-owned equipment 

layaway; vehicles for the Marine Corps, including the purchase 

of passenger motor vehicles for replacement only; and expansion 

of public and private plants, including land necessary therefor, 

and such lands and interests therein, may be acquired, and 

construction prosecuted thereon prior to approval of title, 

$1,376,917,000, to remain available for obligation until September 

30, 2011. 

AIRCRAFT PROCUREMENT, AIR FORCE

For construction, procurement, and modification of aircraft and 

equipment, including armor and armament, specialized ground handling equipment, and training devices, spare parts, and accessories 

therefor; specialized equipment; expansion of public and private 

plants, Government-owned equipment and installation thereof in 

such plants, erection of structures, and acquisition of land, for 

the foregoing purposes, and such lands and interests therein, may 

be acquired, and construction prosecuted thereon prior to approval 

of title; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things, $13,112,617,000, 

to remain available for obligation until September 30, 2011. 

MISSILE PROCUREMENT, AIR FORCE

For construction, procurement, and modification of missiles, 

spacecraft, rockets, and related equipment, including spare parts 

and accessories therefor, ground handling equipment, and training 

devices; expansion of public and private plants, Government-owned 

equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and 

such lands and interests therein, may be acquired, and construction 

prosecuted thereon prior to approval of title; reserve plant and 

Government and contractor-owned equipment layaway; and other 

expenses necessary for the foregoing purposes including rents and 

transportation of things, $5,442,428,000, to remain available for 

obligation until September 30, 2011. 

PROCUREMENT OF AMMUNITION, AIR FORCE

For construction, procurement, production, and modification 

of ammunition, and accessories therefor; specialized equipment and 

training devices; expansion of public and private plants, including 

ammunition facilities, authorized by section 2854 of title 10, United 

States Code, and the land necessary therefor, for the foregoing 

purposes, and such lands and interests therein, may be acquired, 

and construction prosecuted thereon prior to approval of title; and 

procurement and installation of equipment, appliances, and 
H. R. 2638—42 

machine tools in public and private plants; reserve plant and 

Government and contractor-owned equipment layaway; and other 

expenses necessary for the foregoing purposes, $859,466,000, to 

remain available for obligation until September 30, 2011. 

OTHER PROCUREMENT, AIR FORCE

For procurement and modification of equipment (including 

ground guidance and electronic control equipment, and ground electronic and communication equipment), and supplies, materials, and 

spare parts therefor, not otherwise provided for; the purchase of 

passenger motor vehicles for replacement only, and the purchase 

of two vehicles required for physical security of personnel, notwithstanding price limitations applicable to passenger vehicles but not 

to exceed $262,000 per vehicle; lease of passenger motor vehicles; 

and expansion of public and private plants, Government-owned 

equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and 

such lands and interests therein, may be acquired, and construction 

prosecuted thereon, prior to approval of title; reserve plant and 

Government and contractor-owned equipment layaway, 

$16,052,569,000, to remain available for obligation until September 

30, 2011. 

PROCUREMENT, DEFENSE-WIDE

For expenses of activities and agencies of the Department of 

Defense (other than the military departments) necessary for 

procurement, production, and modification of equipment, supplies, 

materials, and spare parts therefor, not otherwise provided for; 

the purchase of passenger motor vehicles for replacement only; 

expansion of public and private plants, equipment, and installation 

thereof in such plants, erection of structures, and acquisition of 

land for the foregoing purposes, and such lands and interests 

therein, may be acquired, and construction prosecuted thereon prior 

to approval of title; reserve plant and Government and contractorowned equipment layaway, $3,306,269,000, to remain available for 

obligation until September 30, 2011. 

NATIONAL GUARD AND RESERVE EQUIPMENT

For procurement of aircraft, missiles, tracked combat vehicles, 

ammunition, other weapons, and other procurement for the reserve 

components of the Armed Forces, $750,000,000, to remain available 

for obligation until September 30, 2011, of which $480,000,000 

shall be available only for the Army National Guard: Provided, 

That the Chiefs of the Reserve and National Guard components 

shall, not later than 30 days after the enactment of this Act, 

individually submit to the congressional defense committees the 

modernization priority assessment for their respective Reserve or 

National Guard component. 

DEFENSE PRODUCTION ACT PURCHASES

For activities by the Department of Defense pursuant to sections 108, 301, 302, and 303 of the Defense Production Act of 

1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093), $100,565,000, 

to remain available until expended. 
H. R. 2638—43 

TITLE IV 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

For expenses necessary for basic and applied scientific research, 

development, test and evaluation, including maintenance, 

rehabilitation, lease, and operation of facilities and equipment, 

$12,060,111,000, to remain available for obligation until September 

30, 2010. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

For expenses necessary for basic and applied scientific research, 

development, test and evaluation, including maintenance, 

rehabilitation, lease, and operation of facilities and equipment, 

$19,764,276,000, to remain available for obligation until September 

30, 2010: Provided, That funds appropriated in this paragraph 

which are available for the V–22 may be used to meet unique 

operational requirements of the Special Operations Forces: Provided 

further, That funds appropriated in this paragraph shall be available for the Cobra Judy program. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE

For expenses necessary for basic and applied scientific research, 

development, test and evaluation, including maintenance, 

rehabilitation, lease, and operation of facilities and equipment, 

$27,084,340,000, to remain available for obligation until September 

30, 2010. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE

For expenses of activities and agencies of the Department of 

Defense (other than the military departments), necessary for basic 

and applied scientific research, development, test and evaluation; 

advanced research projects as may be designated and determined 

by the Secretary of Defense, pursuant to law; maintenance, 

rehabilitation, lease, and operation of facilities and equipment, 

$21,423,338,000, to remain available for obligation until September 

30, 2010: Provided, That of the amount available under this heading 

for the Prompt Global Strike Capability Development program, 

not less than one-fourth shall be available for the Army Advanced 

Hypersonic Weapon initiative. 

OPERATIONAL TEST AND EVALUATION, DEFENSE

For expenses, not otherwise provided for, necessary for the 

independent activities of the Director, Operational Test and Evaluation, in the direction and supervision of operational test and evaluation, including initial operational test and evaluation which is conducted prior to, and in support of, production decisions; joint operational testing and evaluation; and administrative expenses in 

connection therewith, $188,772,000, to remain available for obligation until September 30, 2010. 
H. R. 2638—44 

TITLE V 

REVOLVING AND MANAGEMENT FUNDS 

DEFENSE WORKING CAPITAL FUNDS

For the Defense Working Capital Funds, $1,489,234,000. 

NATIONAL DEFENSE SEALIFT FUND

For National Defense Sealift Fund programs, projects, and 

activities, and for expenses of the National Defense Reserve Fleet, 

as established by section 11 of the Merchant Ship Sales Act of 

1946 (50 U.S.C. App. 1744), and for the necessary expenses to 

maintain and preserve a U.S.-flag merchant fleet to serve the 

national security needs of the United States, $1,666,572,000, to 

remain available until expended: Provided, That none of the funds 

provided in this paragraph shall be used to award a new contract 

that provides for the acquisition of any of the following major 

components unless such components are manufactured in the 

United States: auxiliary equipment, including pumps, for all shipboard services; propulsion system components (that is; engines, 

reduction gears, and propellers); shipboard cranes; and spreaders 

for shipboard cranes: Provided further, That the exercise of an 

option in a contract awarded through the obligation of previously 

appropriated funds shall not be considered to be the award of 

a new contract: Provided further, That the Secretary of the military 

department responsible for such procurement may waive the restrictions in the first proviso on a case-by-case basis by certifying in 

writing to the Committees on Appropriations of the House of Representatives and the Senate that adequate domestic supplies are 

not available to meet Department of Defense requirements on a 

timely basis and that such an acquisition must be made in order 

to acquire capability for national security purposes. 

TITLE VI 

OTHER DEPARTMENT OF DEFENSE PROGRAMS 

DEFENSE HEALTH PROGRAM

(INCLUDING TRANSFER OF FUNDS)

For expenses, not otherwise provided for, for medical and health 

care programs of the Department of Defense as authorized by 

law, $25,825,832,000, of which $1,300,000,000 shall be derived by 

transfer from the National Defense Stockpile Transaction Fund; 

of which $24,611,369,000 shall be for operation and maintenance, 

of which not to exceed one percent shall remain available until 

September 30, 2010, and of which up to $13,217,751,000 may be 

available for contracts entered into under the TRICARE program; 

of which $311,905,000, to remain available for obligation until September 30, 2011, shall be for procurement; and of which 

$902,558,000, to remain available for obligation until September 

30, 2010, shall be for research, development, test and evaluation: 

Provided, That, notwithstanding any other provision of law, of 

the amount made available under this heading for research, 

development, test and evaluation, not less than $8,000,000 shall 
H. R. 2638—45 

be available for HIV prevention educational activities undertaken 

in connection with U.S. military training, exercises, and humanitarian assistance activities conducted primarily in African nations. 

CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE

For expenses, not otherwise provided for, necessary for the 

destruction of the United States stockpile of lethal chemical agents 

and munitions, to include construction of facilities, in accordance 

with the provisions of section 1412 of the Department of Defense 

Authorization Act, 1986 (50 U.S.C. 1521), and for the destruction 

of other chemical warfare materials that are not in the chemical 

weapon stockpile, $1,505,634,000, of which $1,152,668,000 shall 

be for operation and maintenance, of which no less than 

$103,198,000, shall be for the Chemical Stockpile Emergency 

Preparedness Program, consisting of $33,411,000 for activities on 

military installations and $69,787,000, to remain available until 

September 30, 2010, to assist State and local governments; 

$64,085,000 shall be for procurement, to remain available until 

September 30, 2011, of which no less than $26,428,000 shall be 

for the Chemical Stockpile Emergency Preparedness Program to 

assist State and local governments; and $288,881,000, to remain 

available until September 30, 2010, shall be for research, development, test and evaluation, of which $283,219,000 shall only be 

for the Assembled Chemical Weapons Alternatives (ACWA) program. 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE

(INCLUDING TRANSFER OF FUNDS)

For drug interdiction and counter-drug activities of the Department of Defense, for transfer to appropriations available to the 

Department of Defense for military personnel of the reserve components serving under the provisions of title 10 and title 32, United 

States Code; for operation and maintenance; for procurement; and 

for research, development, test and evaluation, $1,096,743,000: Provided, That the funds appropriated under this heading shall be 

available for obligation for the same time period and for the same 

purpose as the appropriation to which transferred: Provided further, 

That upon a determination that all or part of the funds transferred 

from this appropriation are not necessary for the purposes provided 

herein, such amounts may be transferred back to this appropriation: 

Provided further, That the transfer authority provided under this 

heading is in addition to any other transfer authority contained 

elsewhere in this Act. 

OFFICE OF THE INSPECTOR GENERAL

For expenses and activities of the Office of the Inspector General in carrying out the provisions of the Inspector General Act 

of 1978, as amended, $271,845,000, of which $270,445,000 shall 

be for operation and maintenance, of which not to exceed $700,000 

is available for emergencies and extraordinary expenses to be 

expended on the approval or authority of the Inspector General, 

and payments may be made on the Inspector General’s certificate 

of necessity for confidential military purposes; and of which 
H. R. 2638—46 

$1,400,000, to remain available until September 30, 2011, shall 

be for procurement. 

TITLE VII 

RELATED AGENCIES 

CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SYSTEM FUND

For payment to the Central Intelligence Agency Retirement 

and Disability System Fund, to maintain the proper funding level 

for continuing the operation of the Central Intelligence Agency 

Retirement and Disability System, $279,200,000. 

INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Intelligence Community Manage- ment Account, $710,042,000: Provided, That of the funds appro- priated under this heading, $44,000,000 shall be transferred to 

the Department of Justice, of which $2,000,000 shall be for 

reimbursement of Air Force personnel for the National Drug Intelligence Center to support the Department of Defense’s counterdrug intelligence responsibilities: Provided further, That the 

National Drug Intelligence Center shall maintain the personnel 

and technical resources to provide timely support to law enforcement authorities and the intelligence community by conducting 

document and computer exploitation of materials collected in Federal, State, and local law enforcement activity associated with 

counter-drug, counter-terrorism, and national security investigations and operations. 

TITLE VIII 

GENERAL PROVISIONS 

SEC. 8001. No part of any appropriation contained in this 

Act shall be used for publicity or propaganda purposes not authorized by the Congress. 

SEC. 8002. During the current fiscal year, provisions of law 

prohibiting the payment of compensation to, or employment of, 

any person not a citizen of the United States shall not apply 

to personnel of the Department of Defense: Provided, That salary 

increases granted to direct and indirect hire foreign national 

employees of the Department of Defense funded by this Act shall 

not be at a rate in excess of the percentage increase authorized 

by law for civilian employees of the Department of Defense whose 

pay is computed under the provisions of section 5332 of title 5, 

United States Code, or at a rate in excess of the percentage increase 

provided by the appropriate host nation to its own employees, 

whichever is higher: Provided further, That this section shall not 

apply to Department of Defense foreign service national employees 

serving at United States diplomatic missions whose pay is set 

by the Department of State under the Foreign Service Act of 1980: 

Provided further, That the limitations of this provision shall not 
H. R. 2638—47 

apply to foreign national employees of the Department of Defense 

in the Republic of Turkey. 

SEC. 8003. No part of any appropriation contained in this 

Act shall remain available for obligation beyond the current fiscal 

year, unless expressly so provided herein. 

SEC. 8004. No more than 20 percent of the appropriations 

in this Act which are limited for obligation during the current 

fiscal year shall be obligated during the last 2 months of the 

fiscal year: Provided, That this section shall not apply to obligations 

for support of active duty training of reserve components or summer 

camp training of the Reserve Officers’ Training Corps. 

(TRANSFER OF FUNDS)

SEC. 8005. Upon determination by the Secretary of Defense 

that such action is necessary in the national interest, he may, 

with the approval of the Office of Management and Budget, transfer 

not to exceed $4,100,000,000 of working capital funds of the Department of Defense or funds made available in this Act to the Department of Defense for military functions (except military construction) 

between such appropriations or funds or any subdivision thereof, 

to be merged with and to be available for the same purposes, 

and for the same time period, as the appropriation or fund to 

which transferred: Provided, That such authority to transfer may 

not be used unless for higher priority items, based on unforeseen 

military requirements, than those for which originally appropriated 

and in no case where the item for which funds are requested 

has been denied by the Congress: Provided further, That the Secretary of Defense shall notify the Congress promptly of all transfers 

made pursuant to this authority or any other authority in this 

Act: Provided further, That no part of the funds in this Act shall 

be available to prepare or present a request to the Committees 

on Appropriations for reprogramming of funds, unless for higher 

priority items, based on unforeseen military requirements, than 

those for which originally appropriated and in no case where the 

item for which reprogramming is requested has been denied by 

the Congress: Provided further, That a request for multiple 

reprogrammings of funds using authority provided in this section 

must be made prior to June 30, 2009: Provided further, That transfers among military personnel appropriations shall not be taken 

into account for purposes of the limitation on the amount of funds 

that may be transferred under this section: Provided further, That 

no obligation of funds may be made pursuant to section 1206 

of Public Law 109–163 (or any successor provision) unless the 

Secretary of Defense has notified the congressional defense committees prior to any such obligation. 

SEC. 8006. (a) With regard to the list of specific programs, 

projects, and activities (and the dollar amounts and adjustments 

to budget activities corresponding to such programs, projects, and 

activities) contained in the tables titled ‘‘Explanation of Project 

Level Adjustments’’ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated 

Act), the obligation and expenditure of amounts appropriated or 

otherwise made available in this Act for those programs, projects, 

and activities for which the amounts appropriated exceed the 

amounts requested are hereby required by law to be carried out 

in the manner provided by such tables to the same extent as 

if the tables were included in the text of this Act. 
H. R. 2638—48 

(b) Amounts specified in the referenced tables described in 

subsection (a) shall not be treated as subdivisions of appropriations 

for purposes of section 8005 of this Act: Provided, That section 

8005 shall apply when transfers of the amounts described in subsection (a) occur between appropriation accounts. 

SEC. 8007. (a) Not later than 60 days after enactment of this 

Act, the Department of Defense shall submit a report to the congressional defense committees to establish the baseline for application 

of reprogramming and transfer authorities for fiscal year 2009: 

Provided, That the report shall include— 

(1) a table for each appropriation with a separate column 

to display the President’s budget request, adjustments made 

by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; 

(2) a delineation in the table for each appropriation both 

by budget activity and program, project, and activity as detailed 

in the Budget Appendix; and 

(3) an identification of items of special congressional 

interest. 

(b) Notwithstanding section 8005 of this Act, none of the funds 

provided in this Act shall be available for reprogramming or transfer 

until the report identified in subsection (a) is submitted to the 

congressional defense committees, unless the Secretary of Defense 

certifies in writing to the congressional defense committees that 

such reprogramming or transfer is necessary as an emergency 

requirement. 

SEC. 8008. The Secretaries of the Air Force and the Army 

are authorized, using funds available under the headings ‘‘Operation 

and Maintenance, Air Force’’ and ‘‘Operation and Maintenance, 

Army’’, to complete facility conversions and phased repair projects 

which may include upgrades and additions to Alaskan range infrastructure and training areas, and improved access to these ranges. 

(TRANSFER OF FUNDS)

SEC. 8009. During the current fiscal year, cash balances in 

working capital funds of the Department of Defense established 

pursuant to section 2208 of title 10, United States Code, may 

be maintained in only such amounts as are necessary at any time 

for cash disbursements to be made from such funds: Provided, That transfers may be made between such funds: Provided further, That transfers may be made between working capital funds and 

the ‘‘Foreign Currency Fluctuations, Defense’’ appropriation and 

the ‘‘Operation and Maintenance’’ appropriation accounts in such 

amounts as may be determined by the Secretary of Defense, with 

the approval of the Office of Management and Budget, except that 

such transfers may not be made unless the Secretary of Defense 

has notified the Congress of the proposed transfer. Except in 

amounts equal to the amounts appropriated to working capital 

funds in this Act, no obligations may be made against a working 

capital fund to procure or increase the value of war reserve material 

inventory, unless the Secretary of Defense has notified the Congress 

prior to any such obligation. 

SEC. 8010. Funds appropriated by this Act may not be used 

to initiate a special access program without prior notification 30 

calendar days in advance to the congressional defense committees. 

SEC. 8011. None of the funds provided in this Act shall be 

available to initiate: (1) a multiyear contract that employs economic 
H. R. 2638—49 

order quantity procurement in excess of $20,000,000 in any one 

year of the contract or that includes an unfunded contingent liability 

in excess of $20,000,000; or (2) a contract for advance procurement 

leading to a multiyear contract that employs economic order 

quantity procurement in excess of $20,000,000 in any one year, 

unless the congressional defense committees have been notified 

at least 30 days in advance of the proposed contract award: Provided, That no part of any appropriation contained in this Act 

shall be available to initiate a multiyear contract for which the 

economic order quantity advance procurement is not funded at 

least to the limits of the Government’s liability: Provided further, 

That no part of any appropriation contained in this Act shall 

be available to initiate multiyear procurement contracts for any 

systems or component thereof if the value of the multiyear contract 

would exceed $500,000,000 unless specifically provided in this Act: 

Provided further, That no multiyear procurement contract can be 

terminated without 10-day prior notification to the congressional 

defense committees: Provided further, That the execution of 

multiyear authority shall require the use of a present value analysis 

to determine lowest cost compared to an annual procurement: Provided further, That none of the funds provided in this Act may 

be used for a multiyear contract executed after the date of the 

enactment of this Act unless in the case of any such contract— 

(1) the Secretary of Defense has submitted to Congress 

a budget request for full funding of units to be procured through 

the contract and, in the case of a contract for procurement 

of aircraft, that includes, for any aircraft unit to be procured 

through the contract for which procurement funds are requested 

in that budget request for production beyond advance procurement activities in the fiscal year covered by the budget, full 

funding of procurement of such unit in that fiscal year; 

(2) cancellation provisions in the contract do not include 

consideration of recurring manufacturing costs of the contractor 

associated with the production of unfunded units to be delivered 

under the contract; 

(3) the contract provides that payments to the contractor 

under the contract shall not be made in advance of incurred 

costs on funded units; and 

(4) the contract does not provide for a price adjustment 

based on a failure to award a follow-on contract. 

Funds appropriated in title III of this Act may be used for 

a multiyear procurement contract as follows: 

SSN Virginia class submarine. 

SEC. 8012. Within the funds appropriated for the operation 

and maintenance of the Armed Forces, funds are hereby appropriated pursuant to section 401 of title 10, United States Code, 

for humanitarian and civic assistance costs under chapter 20 of 

title 10, United States Code. Such funds may also be obligated 

for humanitarian and civic assistance costs incidental to authorized 

operations and pursuant to authority granted in section 401 of 

chapter 20 of title 10, United States Code, and these obligations 

shall be reported as required by section 401(d) of title 10, United 

States Code: Provided, That funds available for operation and 

maintenance shall be available for providing humanitarian and 

similar assistance by using Civic Action Teams in the Trust Territories of the Pacific Islands and freely associated states of Micronesia, pursuant to the Compact of Free Association as authorized 
H. R. 2638—50 

by Public Law 99–239: Provided further, That upon a determination 

by the Secretary of the Army that such action is beneficial for 

graduate medical education programs conducted at Army medical 

facilities located in Hawaii, the Secretary of the Army may authorize 

the provision of medical services at such facilities and transportation to such facilities, on a nonreimbursable basis, for civilian 

patients from American Samoa, the Commonwealth of the Northern 

Mariana Islands, the Marshall Islands, the Federated States of 

Micronesia, Palau, and Guam. 

SEC. 8013. (a) During fiscal year 2009, the civilian personnel 

of the Department of Defense may not be managed on the basis 

of any end-strength, and the management of such personnel during 

that fiscal year shall not be subject to any constraint or limitation 

(known as an end-strength) on the number of such personnel who 

may be employed on the last day of such fiscal year. 

(b) The fiscal year 2010 budget request for the Department 

of Defense as well as all justification material and other documentation supporting the fiscal year 2010 Department of Defense budget 

request shall be prepared and submitted to the Congress as if 

subsections (a) and (b) of this provision were effective with regard 

to fiscal year 2010. 

(c) Nothing in this section shall be construed to apply to military 

(civilian) technicians. 

SEC. 8014. None of the funds made available by this Act shall 

be used in any way, directly or indirectly, to influence congressional 

action on any legislation or appropriation matters pending before 

the Congress. 

SEC. 8015. None of the funds appropriated by this Act shall 

be available for the basic pay and allowances of any member of 

the Army participating as a full-time student and receiving benefits 

paid by the Secretary of Veterans Affairs from the Department 

of Defense Education Benefits Fund when time spent as a fulltime student is credited toward completion of a service commitment: 

Provided, That this section shall not apply to those members who 

have reenlisted with this option prior to October 1, 1987: Provided 

further, That this section applies only to active components of 

the Army. 

SEC. 8016. (a) None of the funds appropriated by this Act 

shall be available to convert to contractor performance an activity 

or function of the Department of Defense that, on or after the 

date of the enactment of this Act, is performed by more than 

10 Department of Defense civilian employees unless— 

(1) the conversion is based on the result of a public-private 

competition that includes a most efficient and cost effective 

organization plan developed by such activity or function; 

(2) the Competitive Sourcing Official determines that, over 

all performance periods stated in the solicitation of offers for 

performance of the activity or function, the cost of performance 

of the activity or function by a contractor would be less costly 

to the Department of Defense by an amount that equals or 

exceeds the lesser of— 

(A) 10 percent of the most efficient organization’s personnel-related costs for performance of that activity or function by Federal employees; or 

(B) $10,000,000; and 
H. R. 2638—51 

(3) the contractor does not receive an advantage for a 

proposal that would reduce costs for the Department of Defense 

by— 

(A) not making an employer-sponsored health insurance plan available to the workers who are to be employed 

in the performance of that activity or function under the 

contract; or 

(B) offering to such workers an employer-sponsored 

health benefits plan that requires the employer to contribute less towards the premium or subscription share 

than the amount that is paid by the Department of Defense 

for health benefits for civilian employees under chapter 

89 of title 5, United States Code. 

(b)(1) The Department of Defense, without regard to subsection 

(a) of this section or subsection (a), (b), or (c) of section 2461 

of title 10, United States Code, and notwithstanding any administrative regulation, requirement, or policy to the contrary shall have 

full authority to enter into a contract for the performance of any 

commercial or industrial type function of the Department of Defense 

that— 

(A) is included on the procurement list established pursuant 

to section 2 of the Javits-Wagner-O’Day Act (41 U.S.C. 47); 

(B) is planned to be converted to performance by a qualified 

nonprofit agency for the blind or by a qualified nonprofit agency 

for other severely handicapped individuals in accordance with 

that Act; or 

(C) is planned to be converted to performance by a qualified 

firm under at least 51 percent ownership by an Indian tribe, 

as defined in section 4(e) of the Indian Self-Determination 

and Education Assistance Act (25 U.S.C. 450b(e)), or a Native 

Hawaiian Organization, as defined in section 8(a)(15) of the 

Small Business Act (15 U.S.C. 637(a)(15)). 

(2) This section shall not apply to depot contracts or contracts 

for depot maintenance as provided in sections 2469 and 2474 of 

title 10, United States Code. 

(c) The conversion of any activity or function of the Department 

of Defense under the authority provided by this section shall be 

credited toward any competitive or outsourcing goal, target, or 

measurement that may be established by statute, regulation, or 

policy and is deemed to be awarded under the authority of, and 

in compliance with, subsection (h) of section 2304 of title 10, United 

States Code, for the competition or outsourcing of commercial activities. 

(TRANSFER OF FUNDS)

SEC. 8017. Funds appropriated in title III of this Act for the 

Department of Defense Pilot Mentor-Protege Program may be transferred to any other appropriation contained in this Act solely for 

the purpose of implementing a Mentor-Protege Program developmental assistance agreement pursuant to section 831 of the 

National Defense Authorization Act for Fiscal Year 1991 (Public 

Law 101–510; 10 U.S.C. 2302 note), as amended, under the 

authority of this provision or any other transfer authority contained 

in this Act. 

SEC. 8018. None of the funds in this Act may be available 

for the purchase by the Department of Defense (and its departments 

and agencies) of welded shipboard anchor and mooring chain 4 
H. R. 2638—52 

inches in diameter and under unless the anchor and mooring chain 

are manufactured in the United States from components which 

are substantially manufactured in the United States: Provided, 

That for the purpose of this section manufactured will include 

cutting, heat treating, quality control, testing of chain and welding 

(including the forging and shot blasting process): Provided further, 

That for the purpose of this section substantially all of the components of anchor and mooring chain shall be considered to be produced or manufactured in the United States if the aggregate cost 

of the components produced or manufactured in the United States 

exceeds the aggregate cost of the components produced or manufactured outside the United States: Provided further, That when adequate domestic supplies are not available to meet Department of 

Defense requirements on a timely basis, the Secretary of the service 

responsible for the procurement may waive this restriction on a 

case-by-case basis by certifying in writing to the Committees on 

Appropriations that such an acquisition must be made in order 

to acquire capability for national security purposes. 

SEC. 8019. None of the funds available to the Department 

of Defense may be used to demilitarize or dispose of M–1 Carbines, 

M–1 Garand rifles, M–14 rifles, .22 caliber rifles, .30 caliber rifles, 

or M–1911 pistols. 

SEC. 8020. No more than $500,000 of the funds appropriated 

or made available in this Act shall be used during a single fiscal 

year for any single relocation of an organization, unit, activity 

or function of the Department of Defense into or within the National 

Capital Region: Provided, That the Secretary of Defense may waive 

this restriction on a case-by-case basis by certifying in writing 

to the congressional defense committees that such a relocation 

is required in the best interest of the Government. 

SEC. 8021. In addition to the funds provided elsewhere in 

this Act, $15,000,000 is appropriated only for incentive payments 

authorized by section 504 of the Indian Financing Act of 1974 

(25 U.S.C. 1544): Provided, That a prime contractor or a subcontractor at any tier that makes a subcontract award to any subcontractor or supplier as defined in section 1544 of title 25, United 

States Code, or a small business owned and controlled by an individual or individuals defined under section 4221(9) of title 25, 

United States Code, shall be considered a contractor for the purposes of being allowed additional compensation under section 504 

of the Indian Financing Act of 1974 (25 U.S.C. 1544) whenever 

the prime contract or subcontract amount is over $500,000 and 

involves the expenditure of funds appropriated by an Act making 

Appropriations for the Department of Defense with respect to any 

fiscal year: Provided further, That notwithstanding section 430 of 

title 41, United States Code, this section shall be applicable to 

any Department of Defense acquisition of supplies or services, 

including any contract and any subcontract at any tier for acquisition of commercial items produced or manufactured, in whole or 

in part by any subcontractor or supplier defined in section 1544 

of title 25, United States Code, or a small business owned and 

controlled by an individual or individuals defined under section 

4221(9) of title 25, United States Code. 

SEC. 8022. Funds appropriated by this Act for the Defense 

Media Activity shall not be used for any national or international 

political or psychological activities. 
H. R. 2638—53 

SEC. 8023. None of the funds appropriated by this Act shall 

be available to perform any cost study pursuant to the provisions 

of OMB Circular A–76 if the study being performed exceeds a 

period of 24 months after initiation of such study with respect 

to a single function activity or 30 months after initiation of such 

study for a multi-function activity. 

SEC. 8024. During the current fiscal year, the Department 

of Defense is authorized to incur obligations of not to exceed 

$350,000,000 for purposes specified in section 2350j(c) of title 10, 

United States Code, in anticipation of receipt of contributions, only 

from the Government of Kuwait, under that section: Provided, 

That upon receipt, such contributions from the Government of 

Kuwait shall be credited to the appropriations or fund which 

incurred such obligations. 

SEC. 8025. (a) Of the funds made available in this Act, not 

less than $34,929,000 shall be available for the Civil Air Patrol 

Corporation, of which— 

(1) $26,605,000 shall be available from ‘‘Operation and 

Maintenance, Air Force’’ to support Civil Air Patrol Corporation 

operation and maintenance, readiness, counterdrug activities, 

and drug demand reduction activities involving youth programs; 

(2) $7,435,000 shall be available from ‘‘Aircraft Procurement, Air Force’’; and 

(3) $889,000 shall be available from ‘‘Other Procurement, 

Air Force’’ for vehicle procurement. 

(b) The Secretary of the Air Force should waive reimbursement 

for any funds used by the Civil Air Patrol for counter-drug activities 

in support of Federal, State, and local government agencies. 

SEC. 8026. (a) None of the funds appropriated in this Act 

are available to establish a new Department of Defense (department) federally funded research and development center (FFRDC), 

either as a new entity, or as a separate entity administrated by 

an organization managing another FFRDC, or as a nonprofit membership corporation consisting of a consortium of other FFRDCs 

and other non-profit entities. 

(b) No member of a Board of Directors, Trustees, Overseers, 

Advisory Group, Special Issues Panel, Visiting Committee, or any 

similar entity of a defense FFRDC, and no paid consultant to 

any defense FFRDC, except when acting in a technical advisory 

capacity, may be compensated for his or her services as a member 

of such entity, or as a paid consultant by more than one FFRDC 

in a fiscal year: Provided, That a member of any such entity 

referred to previously in this subsection shall be allowed travel 

expenses and per diem as authorized under the Federal Joint Travel 

Regulations, when engaged in the performance of membership 

duties. 

(c) Notwithstanding any other provision of law, none of the 

funds available to the department from any source during fiscal 

year 2009 may be used by a defense FFRDC, through a fee or 

other payment mechanism, for construction of new buildings, for 

payment of cost sharing for projects funded by Government grants, 

for absorption of contract overruns, or for certain charitable contributions, not to include employee participation in community 

service and/or development. 

(d) Notwithstanding any other provision of law, of the funds 

available to the department during fiscal year 2009, not more 

than 5,600 staff years of technical effort (staff years) may be funded 
H. R. 2638—54 

for defense FFRDCs: Provided, That of the specific amount referred 

to previously in this subsection, not more than 1,100 staff years 

may be funded for the defense studies and analysis FFRDCs: Provided further, That this subsection shall not apply to staff years 

funded in the National Intelligence Program (NIP) and the Military 

Intelligence Program (MIP). 

(e) The Secretary of Defense shall, with the submission of 

the department’s fiscal year 2010 budget request, submit a report 

presenting the specific amounts of staff years of technical effort 

to be allocated for each defense FFRDC during that fiscal year 

and the associated budget estimates. 

(f) Notwithstanding any other provision of this Act, the total 

amount appropriated in this Act for FFRDCs is hereby reduced 

by $84,000,000. 

SEC. 8027. None of the funds appropriated or made available 

in this Act shall be used to procure carbon, alloy or armor steel 

plate for use in any Government-owned facility or property under 

the control of the Department of Defense which were not melted 

and rolled in the United States or Canada: Provided, That these 

procurement restrictions shall apply to any and all Federal Supply 

Class 9515, American Society of Testing and Materials (ASTM) 

or American Iron and Steel Institute (AISI) specifications of carbon, 

alloy or armor steel plate: Provided further, That the Secretary 

of the military department responsible for the procurement may 

waive this restriction on a case-by-case basis by certifying in writing 

to the Committees on Appropriations of the House of Representatives and the Senate that adequate domestic supplies are not available to meet Department of Defense requirements on a timely 

basis and that such an acquisition must be made in order to 

acquire capability for national security purposes: Provided further, 

That these restrictions shall not apply to contracts which are in 

being as of the date of the enactment of this Act. 

SEC. 8028. For the purposes of this Act, the term ‘‘congressional 

defense committees’’ means the Armed Services Committee of the 

House of Representatives, the Armed Services Committee of the 

Senate, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the 

Committee on Appropriations of the House of Representatives. 

SEC. 8029. During the current fiscal year, the Department 

of Defense may acquire the modification, depot maintenance and 

repair of aircraft, vehicles and vessels as well as the production 

of components and other Defense-related articles, through competition between Department of Defense depot maintenance activities 

and private firms: Provided, That the Senior Acquisition Executive 

of the military department or Defense Agency concerned, with power 

of delegation, shall certify that successful bids include comparable 

estimates of all direct and indirect costs for both public and private 

bids: Provided further, That Office of Management and Budget 

Circular A–76 shall not apply to competitions conducted under 

this section. 

SEC. 8030. (a)(1) If the Secretary of Defense, after consultation 

with the United States Trade Representative, determines that a 

foreign country which is party to an agreement described in paragraph (2) has violated the terms of the agreement by discriminating 

against certain types of products produced in the United States 

that are covered by the agreement, the Secretary of Defense shall 

rescind the Secretary’s blanket waiver of the Buy American Act 
H. R. 2638—55 

with respect to such types of products produced in that foreign 

country. 

(2) An agreement referred to in paragraph (1) is any reciprocal 

defense procurement memorandum of understanding, between the 

United States and a foreign country pursuant to which the Secretary 

of Defense has prospectively waived the Buy American Act for 

certain products in that country. 

(b) The Secretary of Defense shall submit to the Congress 

a report on the amount of Department of Defense purchases from 

foreign entities in fiscal year 2009. Such report shall separately 

indicate the dollar value of items for which the Buy American 

Act was waived pursuant to any agreement described in subsection 

(a)(2), the Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.), 

or any international agreement to which the United States is a 

party. 

(c) For purposes of this section, the term ‘‘Buy American Act’’ 

means title III of the Act entitled ‘‘An Act making appropriations 

for the Treasury and Post Office Departments for the fiscal year 

ending June 30, 1934, and for other purposes’’, approved March 

3, 1933 (41 U.S.C. 10a et seq.). 

SEC. 8031. During the current fiscal year, amounts contained 

in the Department of Defense Overseas Military Facility Investment 

Recovery Account established by section 2921(c)(1) of the National 

Defense Authorization Act of 1991 (Public Law 101–510; 10 U.S.C. 

2687 note) shall be available until expended for the payments 

specified by section 2921(c)(2) of that Act. 

SEC. 8032. (a) Notwithstanding any other provision of law, 

the Secretary of the Air Force may convey at no cost to the Air 

Force, without consideration, to Indian tribes located in the States 

of North Dakota, South Dakota, Montana, and Minnesota 

relocatable military housing units located at Grand Forks Air Force 

Base and Minot Air Force Base that are excess to the needs of 

the Air Force. 

(b) The Secretary of the Air Force shall convey, at no cost 

to the Air Force, military housing units under subsection (a) in 

accordance with the request for such units that are submitted 

to the Secretary by the Operation Walking Shield Program on 

behalf of Indian tribes located in the States of North Dakota, 

South Dakota, Montana, and Minnesota. 

(c) The Operation Walking Shield Program shall resolve any 

conflicts among requests of Indian tribes for housing units under 

subsection (a) before submitting requests to the Secretary of the 

Air Force under subsection (b). 

(d) In this section, the term ‘‘Indian tribe’’ means any recognized 

Indian tribe included on the current list published by the Secretary 

of the Interior under section 104 of the Federally Recognized Indian 

Tribe Act of 1994 (Public Law 103–454; 108 Stat. 4792; 25 U.S.C. 

479a–1). 

SEC. 8033. During the current fiscal year, appropriations which 

are available to the Department of Defense for operation and 

maintenance may be used to purchase items having an investment 

item unit cost of not more than $250,000. 

SEC. 8034. (a) During the current fiscal year, none of the 

appropriations or funds available to the Department of Defense 

Working Capital Funds shall be used for the purchase of an investment item for the purpose of acquiring a new inventory item for 
H. R. 2638—56 

sale or anticipated sale during the current fiscal year or a subsequent fiscal year to customers of the Department of Defense 

Working Capital Funds if such an item would not have been chargeable to the Department of Defense Business Operations Fund during 

fiscal year 1994 and if the purchase of such an investment item 

would be chargeable during the current fiscal year to appropriations 

made to the Department of Defense for procurement. 

(b) The fiscal year 2010 budget request for the Department 

of Defense as well as all justification material and other documentation supporting the fiscal year 2010 Department of Defense budget 

shall be prepared and submitted to the Congress on the basis 

that any equipment which was classified as an end item and funded 

in a procurement appropriation contained in this Act shall be budgeted for in a proposed fiscal year 2010 procurement appropriation 

and not in the supply management business area or any other 

area or category of the Department of Defense Working Capital 

Funds. 

SEC. 8035. None of the funds appropriated by this Act for 

programs of the Central Intelligence Agency shall remain available 

for obligation beyond the current fiscal year, except for funds appropriated for the Reserve for Contingencies, which shall remain available until September 30, 2010: Provided, That funds appropriated, 

transferred, or otherwise credited to the Central Intelligence Agency 

Central Services Working Capital Fund during this or any prior 

or subsequent fiscal year shall remain available until expended: 

Provided further, That any funds appropriated or transferred to 

the Central Intelligence Agency for advanced research and development acquisition, for agent operations, and for covert action programs authorized by the President under section 503 of the National 

Security Act of 1947, as amended, shall remain available until 

September 30, 2010. 

SEC. 8036. Notwithstanding any other provision of law, funds 

made available in this Act for the Defense Intelligence Agency 

may be used for the design, development, and deployment of General Defense Intelligence Program intelligence communications and 

intelligence information systems for the Services, the Unified and 

Specified Commands, and the component commands. 

SEC. 8037. Of the funds appropriated to the Department of 

Defense under the heading ‘‘Operation and Maintenance, DefenseWide’’, not less than $12,000,000 shall be made available only 

for the mitigation of environmental impacts, including training 

and technical assistance to tribes, related administrative support, 

the gathering of information, documenting of environmental damage, and developing a system for prioritization of mitigation and 

cost to complete estimates for mitigation, on Indian lands resulting 

from Department of Defense activities. 

SEC. 8038. (a) None of the funds appropriated in this Act 

may be expended by an entity of the Department of Defense unless 

the entity, in expending the funds, complies with the Buy American 

Act. For purposes of this subsection, the term ‘‘Buy American Act’’ 

means title III of the Act entitled ‘‘An Act making appropriations 

for the Treasury and Post Office Departments for the fiscal year 

ending June 30, 1934, and for other purposes’’, approved March 

3, 1933 (41 U.S.C. 10a et seq.). 

(b) If the Secretary of Defense determines that a person has 

been convicted of intentionally affixing a label bearing a ‘‘Made 

in America’’ inscription to any product sold in or shipped to the 
H. R. 2638—57 

United States that is not made in America, the Secretary shall 

determine, in accordance with section 2410f of title 10, United 

States Code, whether the person should be debarred from contracting with the Department of Defense. 

(c) In the case of any equipment or products purchased with 

appropriations provided under this Act, it is the sense of the Congress that any entity of the Department of Defense, in expending 

the appropriation, purchase only American-made equipment and 

products, provided that American-made equipment and products 

are cost-competitive, quality-competitive, and available in a timely 

fashion. 

SEC. 8039. None of the funds appropriated by this Act shall 

be available for a contract for studies, analysis, or consulting services entered into without competition on the basis of an unsolicited 

proposal unless the head of the activity responsible for the procurement determines— 

(1) as a result of thorough technical evaluation, only one 

source is found fully qualified to perform the proposed work; 

(2) the purpose of the contract is to explore an unsolicited 

proposal which offers significant scientific or technological 

promise, represents the product of original thinking, and was 

submitted in confidence by one source; or 

(3) the purpose of the contract is to take advantage of 

unique and significant industrial accomplishment by a specific 

concern, or to insure that a new product or idea of a specific 

concern is given financial support: Provided, That this limitation shall not apply to contracts in an amount of less than 

$25,000, contracts related to improvements of equipment that 

is in development or production, or contracts as to which a 

civilian official of the Department of Defense, who has been 

confirmed by the Senate, determines that the award of such 

contract is in the interest of the national defense. 

SEC. 8040. (a) Except as provided in subsections (b) and (c), 

none of the funds made available by this Act may be used— 

(1) to establish a field operating agency; or 

(2) to pay the basic pay of a member of the Armed Forces 

or civilian employee of the department who is transferred or 

reassigned from a headquarters activity if the member or 

employee’s place of duty remains at the location of that headquarters. 

(b) The Secretary of Defense or Secretary of a military department may waive the limitations in subsection (a), on a case-bycase basis, if the Secretary determines, and certifies to the Committees on Appropriations of the House of Representatives and Senate 

that the granting of the waiver will reduce the personnel requirements or the financial requirements of the department. 

(c) This section does not apply to— 

(1) field operating agencies funded within the National 

Intelligence Program; or 

(2) an Army field operating agency established to eliminate, 

mitigate, or counter the effects of improvised explosive devices, 

and, as determined by the Secretary of the Army, other similar 

threats. 

SEC. 8041. The Secretary of Defense, notwithstanding any other 

provision of law, acting through the Office of Economic Adjustment 

of the Department of Defense, may use funds made available in 

this Act under the heading ‘‘Operation and Maintenance, Defense- 
H. R. 2638—58 

Wide’’ to make grants and supplement other Federal funds in 

accordance with the guidance provided in the explanatory statement 

described in section 4 (in the matter preceding division A of this 

consolidated Act). 

(RESCISSIONS)

SEC. 8042. Of the funds appropriated in Department of Defense 

Appropriations Acts, the following funds are hereby rescinded from 

the following accounts and programs in the specified amounts: 

‘‘Aircraft Procurement, Army’’, 2008/2010, $174,600,000; 

‘‘Procurement of Ammunition, Army’’, 2008/2010, 

$69,200,000; 

‘‘Shipbuilding and Conversion, Navy’’, 2008/2012, 

$337,000,000; 

‘‘Research, Development, Test and Evaluation, Army’’, 

2008/2009, $49,800,000; 

‘‘Research, Development, Test and Evaluation, Air Force’’, 

2008/2009, $300,073,000; 

‘‘Research, Development, Test and Evaluation, DefenseWide’’, 2008/2009, $150,000,000; and 

‘‘Tanker Replacement Transfer Fund’’, $239,800,000. 

SEC. 8043. None of the funds available in this Act may be 

used to reduce the authorized positions for military (civilian) technicians of the Army National Guard, Air National Guard, Army 

Reserve and Air Force Reserve for the purpose of applying any 

administratively imposed civilian personnel ceiling, freeze, or reduction on military (civilian) technicians, unless such reductions are 

a direct result of a reduction in military force structure. 

SEC. 8044. None of the funds appropriated or otherwise made 

available in this Act may be obligated or expended for assistance 

to the Democratic People’s Republic of Korea unless specifically 

appropriated for that purpose. 

SEC. 8045. Funds appropriated in this Act for operation and 

maintenance of the Military Departments, Combatant Commands 

and Defense Agencies shall be available for reimbursement of pay, 

allowances and other expenses which would otherwise be incurred 

against appropriations for the National Guard and Reserve when 

members of the National Guard and Reserve provide intelligence 

or counterintelligence support to Combatant Commands, Defense 

Agencies and Joint Intelligence Activities, including the activities 

and programs included within the National Intelligence Program 

and the Military Intelligence Program: Provided, That nothing in 

this section authorizes deviation from established Reserve and 

National Guard personnel and training procedures. 

SEC. 8046. During the current fiscal year, none of the funds 

appropriated in this Act may be used to reduce the civilian medical 

and medical support personnel assigned to military treatment facilities below the September 30, 2003, level: Provided, That the Service 

Surgeons General may waive this section by certifying to the 

congressional defense committees that the beneficiary population 

is declining in some catchment areas and civilian strength reductions may be consistent with responsible resource stewardship and 

capitation-based budgeting. 

SEC. 8047. (a) None of the funds available to the Department 

of Defense for any fiscal year for drug interdiction or counterdrug activities may be transferred to any other department or 
H. R. 2638—59 

agency of the United States except as specifically provided in an 

appropriations law. 

(b) None of the funds available to the Central Intelligence 

Agency for any fiscal year for drug interdiction and counter-drug 

activities may be transferred to any other department or agency 

of the United States except as specifically provided in an appropriations law. 

SEC. 8048. None of the funds appropriated by this Act may 

be used for the procurement of ball and roller bearings other than 

those produced by a domestic source and of domestic origin: Provided, That the Secretary of the military department responsible 

for such procurement may waive this restriction on a case-bycase basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate, that adequate 

domestic supplies are not available to meet Department of Defense 

requirements on a timely basis and that such an acquisition must 

be made in order to acquire capability for national security purposes: Provided further, That this restriction shall not apply to 

the purchase of ‘‘commercial items’’, as defined by section 4(12) 

of the Office of Federal Procurement Policy Act, except that the 

restriction shall apply to ball or roller bearings purchased as end 

items. 

SEC. 8049. None of the funds in this Act may be used to 

purchase any supercomputer which is not manufactured in the 

United States, unless the Secretary of Defense certifies to the 

congressional defense committees that such an acquisition must 

be made in order to acquire capability for national security purposes 

that is not available from United States manufacturers. 

SEC. 8050. None of the funds made available in this or any 

other Act may be used to pay the salary of any officer or employee 

of the Department of Defense who approves or implements the 

transfer of administrative responsibilities or budgetary resources 

of any program, project, or activity financed by this Act to the 

jurisdiction of another Federal agency not financed by this Act 

without the express authorization of Congress: Provided, That this 

limitation shall not apply to transfers of funds expressly provided 

for in Defense Appropriations Acts, or provisions of Acts providing 

supplemental appropriations for the Department of Defense. 

SEC. 8051. (a) Notwithstanding any other provision of law, 

none of the funds available to the Department of Defense for the 

current fiscal year may be obligated or expended to transfer to 

another nation or an international organization any defense articles 

or services (other than intelligence services) for use in the activities 

described in subsection (b) unless the congressional defense committees, the Committee on International Relations of the House of 

Representatives, and the Committee on Foreign Relations of the 

Senate are notified 15 days in advance of such transfer. 

(b) This section applies to— 

(1) any international peacekeeping or peace-enforcement 

operation under the authority of chapter VI or chapter VII 

of the United Nations Charter under the authority of a United 

Nations Security Council resolution; and 

(2) any other international peacekeeping, peace-enforcement, or humanitarian assistance operation. 

(c) A notice under subsection (a) shall include the following— 

(1) A description of the equipment, supplies, or services 

to be transferred. 
H. R. 2638—60 

(2) A statement of the value of the equipment, supplies, 

or services to be transferred. 

(3) In the case of a proposed transfer of equipment or 

supplies— 

(A) a statement of whether the inventory requirements 

of all elements of the Armed Forces (including the reserve 

components) for the type of equipment or supplies to be 

transferred have been met; and 

(B) a statement of whether the items proposed to be 

transferred will have to be replaced and, if so, how the 

President proposes to provide funds for such replacement. 

SEC. 8052. None of the funds available to the Department 

of Defense under this Act shall be obligated or expended to pay 

a contractor under a contract with the Department of Defense 

for costs of any amount paid by the contractor to an employee 

when— 

(1) such costs are for a bonus or otherwise in excess of 

the normal salary paid by the contractor to the employee; 

and 

(2) such bonus is part of restructuring costs associated 

with a business combination. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8053. During the current fiscal year, no more than 

$30,000,000 of appropriations made in this Act under the heading 

‘‘Operation and Maintenance, Defense-Wide’’ may be transferred 

to appropriations available for the pay of military personnel, to 

be merged with, and to be available for the same time period 

as the appropriations to which transferred, to be used in support 

of such personnel in connection with support and services for eligible 

organizations and activities outside the Department of Defense 

pursuant to section 2012 of title 10, United States Code. 

SEC. 8054. During the current fiscal year, in the case of an 

appropriation account of the Department of Defense for which the 

period of availability for obligation has expired or which has closed 

under the provisions of section 1552 of title 31, United States 

Code, and which has a negative unliquidated or unexpended balance, an obligation or an adjustment of an obligation may be 

charged to any current appropriation account for the same purpose 

as the expired or closed account if— 

(1) the obligation would have been properly chargeable 

(except as to amount) to the expired or closed account before 

the end of the period of availability or closing of that account; 

(2) the obligation is not otherwise properly chargeable to 

any current appropriation account of the Department of 

Defense; and 

(3) in the case of an expired account, the obligation is 

not chargeable to a current appropriation of the Department 

of Defense under the provisions of section 1405(b)(8) of the 

National Defense Authorization Act for Fiscal Year 1991, Public 

Law 101–510, as amended (31 U.S.C. 1551 note): Provided, That in the case of an expired account, if subsequent review 

or investigation discloses that there was not in fact a negative 

unliquidated or unexpended balance in the account, any charge 

to a current account under the authority of this section shall 

be reversed and recorded against the expired account: Provided 
H. R. 2638—61 

further, That the total amount charged to a current appropriation under this section may not exceed an amount equal to 

1 percent of the total appropriation for that account. 

SEC. 8055. (a) Notwithstanding any other provision of law, 

the Chief of the National Guard Bureau may permit the use of 

equipment of the National Guard Distance Learning Project by 

any person or entity on a space-available, reimbursable basis. The 

Chief of the National Guard Bureau shall establish the amount 

of reimbursement for such use on a case-by-case basis. 

(b) Amounts collected under subsection (a) shall be credited 

to funds available for the National Guard Distance Learning Project 

and be available to defray the costs associated with the use of 

equipment of the project under that subsection. Such funds shall 

be available for such purposes without fiscal year limitation. 

SEC. 8056. Using funds available by this Act or any other 

Act, the Secretary of the Air Force, pursuant to a determination 

under section 2690 of title 10, United States Code, may implement 

cost-effective agreements for required heating facility modernization 

in the Kaiserslautern Military Community in the Federal Republic 

of Germany: Provided, That in the City of Kaiserslautern such 

agreements will include the use of United States anthracite as 

the base load energy for municipal district heat to the United 

States Defense installations: Provided further, That at Landstuhl 

Army Regional Medical Center and Ramstein Air Base, furnished 

heat may be obtained from private, regional or municipal services, 

if provisions are included for the consideration of United States 

coal as an energy source. 

SEC. 8057. None of the funds appropriated in title IV of this 

Act may be used to procure end-items for delivery to military 

forces for operational training, operational use or inventory requirements: Provided, That this restriction does not apply to end-items 

used in development, prototyping, and test activities preceding and 

leading to acceptance for operational use: Provided further, That 

this restriction does not apply to programs funded within the 

National Intelligence Program: Provided further, That the Secretary 

of Defense may waive this restriction on a case-by-case basis by 

certifying in writing to the Committees on Appropriations of the 

House of Representatives and the Senate that it is in the national 

security interest to do so. 

SEC. 8058. Notwithstanding any other provision of law, funds 

available to the Department of Defense in this Act, and hereafter, 

shall be made available to provide transportation of medical supplies and equipment, on a nonreimbursable basis, to American 

Samoa, and funds available to the Department of Defense shall 

be made available to provide transportation of medical supplies 

and equipment, on a nonreimbursable basis, to the Indian Health 

Service when it is in conjunction with a civil-military project. 

SEC. 8059. None of the funds made available in this Act may 

be used to approve or license the sale of the F–22A advanced 

tactical fighter to any foreign government. 

SEC. 8060. (a) The Secretary of Defense may, on a case-bycase basis, waive with respect to a foreign country each limitation 

on the procurement of defense items from foreign sources provided 

in law if the Secretary determines that the application of the 

limitation with respect to that country would invalidate cooperative 

programs entered into between the Department of Defense and 

the foreign country, or would invalidate reciprocal trade agreements 
H. R. 2638—62 

for the procurement of defense items entered into under section 

2531 of title 10, United States Code, and the country does not 

discriminate against the same or similar defense items produced 

in the United States for that country. 

(b) Subsection (a) applies with respect to— 

(1) contracts and subcontracts entered into on or after 

the date of the enactment of this Act; and 

(2) options for the procurement of items that are exercised 

after such date under contracts that are entered into before 

such date if the option prices are adjusted for any reason 

other than the application of a waiver granted under subsection 

(a). 

(c) Subsection (a) does not apply to a limitation regarding 

construction of public vessels, ball and roller bearings, food, and 

clothing or textile materials as defined by section 11 (chapters 

50–65) of the Harmonized Tariff Schedule and products classified 

under headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019, 

7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through 

7508, 8105, 8108, 8109, 8211, 8215, and 9404. 

SEC. 8061. (a) None of the funds made available by this Act 

may be used to support any training program involving a unit 

of the security forces of a foreign country if the Secretary of Defense 

has received credible information from the Department of State 

that the unit has committed a gross violation of human rights, 

unless all necessary corrective steps have been taken. 

(b) The Secretary of Defense, in consultation with the Secretary 

of State, shall ensure that prior to a decision to conduct any training 

program referred to in subsection (a), full consideration is given 

to all credible information available to the Department of State 

relating to human rights violations by foreign security forces. 

(c) The Secretary of Defense, after consultation with the Secretary of State, may waive the prohibition in subsection (a) if 

he determines that such waiver is required by extraordinary circumstances. 

(d) Not more than 15 days after the exercise of any waiver 

under subsection (c), the Secretary of Defense shall submit a report 

to the congressional defense committees describing the extraordinary circumstances, the purpose and duration of the training 

program, the United States forces and the foreign security forces 

involved in the training program, and the information relating 

to human rights violations that necessitates the waiver. 

SEC. 8062. None of the funds appropriated or made available 

in this Act to the Department of the Navy shall be used to develop, 

lease or procure the T-AKE class of ships unless the main propulsion 

diesel engines and propulsors are manufactured in the United 

States by a domestically operated entity: Provided, That the Secretary of Defense may waive this restriction on a case-by-case 

basis by certifying in writing to the Committees on Appropriations 

of the House of Representatives and the Senate that adequate 

domestic supplies are not available to meet Department of Defense 

requirements on a timely basis and that such an acquisition must 

be made in order to acquire capability for national security purposes 

or there exists a significant cost or quality difference. 

SEC. 8063. None of the funds appropriated or otherwise made 

available by this or other Department of Defense Appropriations 

Acts may be obligated or expended for the purpose of performing 

repairs or maintenance to military family housing units of the 
H. R. 2638—63 

Department of Defense, including areas in such military family 

housing units that may be used for the purpose of conducting 

official Department of Defense business. 

SEC. 8064. Notwithstanding any other provision of law, funds 

appropriated in this Act under the heading ‘‘Research, Development, 

Test and Evaluation, Defense-Wide’’ for any new start advanced 

concept technology demonstration project or joint capability demonstration project may only be obligated 30 days after a report, 

including a description of the project, the planned acquisition and 

transition strategy and its estimated annual and total cost, has 

been provided in writing to the congressional defense committees: 

Provided, That the Secretary of Defense may waive this restriction 

on a case-by-case basis by certifying to the congressional defense 

committees that it is in the national interest to do so. 

SEC. 8065. The Secretary of Defense shall provide a classified 

quarterly report beginning 30 days after enactment of this Act, 

to the House and Senate Appropriations Committees, Subcommittees on Defense on certain matters as directed in the classified 

annex accompanying this Act. 

SEC. 8066. During the current fiscal year, none of the funds 

available to the Department of Defense may be used to provide 

support to another department or agency of the United States 

if such department or agency is more than 90 days in arrears 

in making payment to the Department of Defense for goods or 

services previously provided to such department or agency on a 

reimbursable basis: Provided, That this restriction shall not apply 

if the department is authorized by law to provide support to such 

department or agency on a nonreimbursable basis, and is providing 

the requested support pursuant to such authority: Provided further, 

That the Secretary of Defense may waive this restriction on a 

case-by-case basis by certifying in writing to the Committees on 

Appropriations of the House of Representatives and the Senate 

that it is in the national security interest to do so. 

SEC. 8067. Notwithstanding section 12310(b) of title 10, United 

States Code, a Reserve who is a member of the National Guard 

serving on full-time National Guard duty under section 502(f) of 

title 32, United States Code, may perform duties in support of 

the ground-based elements of the National Ballistic Missile Defense 

System. 

SEC. 8068. None of the funds provided in this Act may be 

used to transfer to any nongovernmental entity ammunition held 

by the Department of Defense that has a center-fire cartridge 

and a United States military nomenclature designation of ‘‘armor 

penetrator’’, ‘‘armor piercing (AP)’’, ‘‘armor piercing incendiary 

(API)’’, or ‘‘armor-piercing incendiary-tracer (API–T)’’, except to an 

entity performing demilitarization services for the Department of 

Defense under a contract that requires the entity to demonstrate 

to the satisfaction of the Department of Defense that armor piercing 

projectiles are either: (1) rendered incapable of reuse by the demilitarization process; or (2) used to manufacture ammunition pursuant 

to a contract with the Department of Defense or the manufacture 

of ammunition for export pursuant to a License for Permanent 

Export of Unclassified Military Articles issued by the Department 

of State. 

SEC. 8069. Notwithstanding any other provision of law, the 

Chief of the National Guard Bureau, or his designee, may waive 

payment of all or part of the consideration that otherwise would 
H. R. 2638—64 

be required under section 2667 of title 10, United States Code, 

in the case of a lease of personal property for a period not in 

excess of 1 year to any organization specified in section 508(d) 

of title 32, United States Code, or any other youth, social, or 

fraternal nonprofit organization as may be approved by the Chief 

of the National Guard Bureau, or his designee, on a case-by-case 

basis. 

SEC. 8070. None of the funds appropriated by this Act shall 

be used for the support of any nonappropriated funds activity 

of the Department of Defense that procures malt beverages and 

wine with nonappropriated funds for resale (including such alcoholic 

beverages sold by the drink) on a military installation located 

in the United States unless such malt beverages and wine are 

procured within that State, or in the case of the District of 

Columbia, within the District of Columbia, in which the military 

installation is located: Provided, That in a case in which the military 

installation is located in more than one State, purchases may be 

made in any State in which the installation is located: Provided 

further, That such local procurement requirements for malt beverages and wine shall apply to all alcoholic beverages only for 

military installations in States which are not contiguous with 

another State: Provided further, That alcoholic beverages other 

than wine and malt beverages, in contiguous States and the District 

of Columbia shall be procured from the most competitive source, 

price and other factors considered. 

SEC. 8071. Funds available to the Department of Defense for 

the Global Positioning System during the current fiscal year may 

be used to fund civil requirements associated with the satellite 

and ground control segments of such system’s modernization program. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8072. Of the amounts appropriated in this Act under the heading ‘‘Operation and Maintenance, Army’’, $47,700,000 shall 

remain available until expended: Provided, That notwithstanding 

any other provision of law, the Secretary of Defense is authorized 

to transfer such funds to other activities of the Federal Government: 

Provided further, That the Secretary of Defense is authorized to 

enter into and carry out contracts for the acquisition of real property, construction, personal services, and operations related to 

projects carrying out the purposes of this section: Provided further, That contracts entered into under the authority of this section 

may provide for such indemnification as the Secretary determines 

to be necessary: Provided further, That projects authorized by this 

section shall comply with applicable Federal, State, and local law 

to the maximum extent consistent with the national security, as 

determined by the Secretary of Defense. 

SEC. 8073. Section 8106 of the Department of Defense Appropriations Act, 1997 (titles I through VIII of the matter under 

subsection 101(b) of Public Law 104–208; 110 Stat. 3009–111; 10 

U.S.C. 113 note) shall continue in effect to apply to disbursements 

that are made by the Department of Defense in fiscal year 2009. 

SEC. 8074. In addition to amounts provided elsewhere in this Act, $8,000,000 is hereby appropriated to the Department of 

Defense, to remain available for obligation until expended: Provided, 

That notwithstanding any other provision of law, these funds shall 

be available only for a grant to the Fisher House Foundation, 
H. R. 2638—65 

Inc., only for the construction and furnishing of additional Fisher 

Houses to meet the needs of military family members when confronted with the illness or hospitalization of an eligible military 

beneficiary. 

SEC. 8075. (a) During the current fiscal year and hereafter, 

the Secretary of Defense, in coordination with the Secretary of 

Health and Human Services, may carry out a program to distribute 

surplus dental and medical equipment of the Department of 

Defense, at no cost to the Department of Defense, to Indian Health 

Service facilities and to federally-qualified health centers (within 

the meaning of section 1905(l)(2)(B) of the Social Security Act 

(42 U.S.C. 1396d(l)(2)(B))). 

(b) In carrying out this provision, the Secretary of Defense 

shall give the Indian Health Service a property disposal priority 

equal to the priority given to the Department of Defense and 

its twelve special screening programs in distribution of surplus 

dental and medical supplies and equipment. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8076. Of the amounts appropriated in this Act under 

the heading ‘‘Research, Development, Test and Evaluation, DefenseWide’’, $177,237,000 shall be for the Israeli Cooperative Programs: 

Provided, That of this amount, $72,895,000 shall be for the Short 

Range Ballistic Missile Defense (SRBMD) program, $30,000,000 

shall be available for an upper-tier component to the Israeli Missile 

Defense Architecture, and $74,342,000 shall be for the Arrow Missile Defense Program, of which $13,076,000 shall be for producing 

Arrow missile components in the United States and Arrow missile 

components in Israel to meet Israel’s defense requirements, consistent with each nation’s laws, regulations and procedures: Provided further, That funds made available under this provision for 

production of missiles and missile components may be transferred 

to appropriations available for the procurement of weapons and 

equipment, to be merged with and to be available for the same 

time period and the same purposes as the appropriation to which 

transferred: Provided further, That the transfer authority provided 

under this provision is in addition to any other transfer authority 

contained in this Act. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8077. Of the amounts appropriated in this Act under 

the heading ‘‘Shipbuilding and Conversion, Navy’’, $165,152,000 

shall be available until September 30, 2009, to fund prior year 

shipbuilding cost increases: Provided, That upon enactment of this 

Act, the Secretary of the Navy shall transfer such funds to the 

following appropriations in the amounts specified: Provided further, 

That the amounts transferred shall be merged with and be available 

for the same purposes as the appropriations to which transferred: 

To: 

Under the heading ‘‘Shipbuilding and Conversion, Navy, 2001/ 

2009’’: 

Carrier Replacement Program, $20,516,000; 

Under the heading ‘‘Shipbuilding and Conversion, Navy, 2002/ 

2009’’: 

New SSN, $21,000,000; 
H. R. 2638—66 

Under the heading ‘‘Shipbuilding and Conversion, Navy, 2003/ 

2009’’: 

LPD–17 Amphibious Transport Dock Program, $33,082,000; 

Under the heading ‘‘Shipbuilding and Conversion, Navy, 2004/ 

2009’’: 

New SSN, $60,000,000; 

Under the heading ‘‘Shipbuilding and Conversion, Navy, 2007/ 

2011’’: 

LHA Replacement Program, $14,310,000; and 

Under the heading ‘‘Shipbuilding and Conversion, Navy, 2008/ 

2012’’: 

SSBN Submarine Refuelings, $16,244,000. 

SEC. 8078. None of the funds available to the Department 

of Defense may be obligated to modify command and control relationships to give Fleet Forces Command administrative and operational control of U.S. Navy forces assigned to the Pacific fleet: 

Provided, That the command and control relationships which 

existed on October 1, 2004, shall remain in force unless changes 

are specifically authorized in a subsequent Act. 

SEC. 8079. Notwithstanding any other provision of law or regulation, the Secretary of Defense may exercise the provisions of 

section 7403(g) of title 38, United States Code, for occupations 

listed in section 7403(a)(2) of title 38, United States Code, as 

well as the following: 

Pharmacists, Audiologists, Psychologists, Social Workers, 

Othotists/Prosthetists, Occupational Therapists, Physical 

Therapists, Rehabilitation Therapists, Respiratory Therapists, 

Speech Pathologists, Dietitian/Nutritionists, Industrial Hygienists, Psychology Technicians, Social Service Assistants, Practical Nurses, Nursing Assistants, and Dental Hygienists: 

(A) The requirements of section 7403(g)(1)(A) of title 

38, United States Code, shall apply. 

(B) The limitations of section 7403(g)(1)(B) of title 38, 

United States Code, shall not apply. 

SEC. 8080. Funds appropriated by this Act, or made available 

by the transfer of funds in this Act, for intelligence activities are 

deemed to be specifically authorized by the Congress for purposes 

of section 504 of the National Security Act of 1947 (50 U.S.C. 

414) during fiscal year 2009 until the enactment of the Intelligence 

Authorization Act for Fiscal Year 2009. 

SEC. 8081. None of the funds provided in this Act shall be 

available for obligation or expenditure through a reprogramming 

of funds that creates or initiates a new program, project, or activity 

unless such program, project, or activity must be undertaken immediately in the interest of national security and only after written 

prior notification to the congressional defense committees. 

SEC. 8082. (a) In addition to the amounts provided elsewhere 

in this Act, $3,000,000 is hereby appropriated to the Department 

of Defense for ‘‘Operation and Maintenance, Army National Guard’’. 

Such amount shall be made available to the Secretary of the Army 

only to make a grant in the amount of $3,000,000 to the entity 

specified in subsection (b) to facilitate access by veterans to 

opportunities for skilled employment in the construction industry. 

(b) The entity referred to in subsection (a) is the Center for 

Military Recruitment, Assessment and Veterans Employment, a 

nonprofit labor-management cooperation committee provided for by 

section 302(c)(9) of the Labor-Management Relations Act, 1947 (29 
H. R. 2638—67 

U.S.C. 186(c)(9)), for the purposes set forth in section 6(b) of the 

Labor Management Cooperation Act of 1978 (29 U.S.C. 175a note). 

SEC. 8083. In addition to funds made available elsewhere in 

this Act, $5,500,000 is hereby appropriated and shall remain available until expended to provide assistance, by grant or otherwise 

(such as, but not limited to, the provision of funds for repairs, 

maintenance, construction, and/or for the purchase of information 

technology, text books, teaching resources), to public schools that 

have unusually high concentrations of special needs military 

dependents enrolled: Provided, That in selecting school systems 

to receive such assistance, special consideration shall be given to 

school systems in States that are considered overseas assignments, 

and all schools within these school systems shall be eligible for 

assistance: Provided further, That up to 2 percent of the total 

appropriated funds under this section shall be available to support 

the administration and execution of the funds or program and/ 

or events that promote the purpose of this appropriation (e.g. payment of travel and per diem of school teachers attending conferences 

or a meeting that promotes the purpose of this appropriation and/ 

or consultant fees for on-site training of teachers, staff, or Joint 

Venture Education Forum (JVEF) Committee members): Provided 

further, That up to $300,000 shall be available to examine human 

capital, family and quality of life issues relating to military presence 

in Hawaii: Provided further, That up to $2,000,000 shall be available 

for the Department of Defense to establish a nonprofit trust fund 

to assist in the public-private funding of public school repair and 

maintenance projects, or provide directly to nonprofit organizations 

who in return will use these monies to provide assistance in the 

form of repair, maintenance, or renovation to public school systems 

that have high concentrations of special needs military dependents 

and are located in States that are considered overseas assignments: 

Provided further, That to the extent a Federal agency provides 

this assistance, by contract, grant, or otherwise, it may accept 

and expend non-Federal funds in combination with these Federal 

funds to provide assistance for the authorized purpose, if the nonFederal entity requests such assistance and the non-Federal funds 

are provided on a reimbursable basis. 

SEC. 8084. In addition to the amounts appropriated or otherwise 

made available elsewhere in this Act, $112,400,000 is hereby appropriated to the Department of Defense: Provided, That the Secretary 

of Defense shall make grants in the amounts specified as follows: 

$20,000,000 to the United Service Organizations; $30,000,000 to 

the Red Cross; $15,000,000 for the Waterbury Industrial Commons 

Redevelopment Project; $4,750,000 for the SOAR Virtual School 

District; $1,750,000 to The Presidio Trust; $5,000,000 to the STEM 

Education Research Center; $10,000,000 to the Intrepid Museum 

Foundation; $4,000,000 to the Go For Broke National Education 

Center; $9,900,000 to the U.S.S. Missouri Memorial Association; 

$4,000,000 to the Nimitz Center; $3,000,000 to Special Olympics 

International; and $5,000,000 to the Paralympics Military Program. 

SEC. 8085. The Department of Defense and the Department 

of the Army shall make future budgetary and programming plans 

to fully finance the Non-Line of Sight Future Force cannon (NLOS– 

C) and a compatible large caliber ammunition resupply capability 

for this system supported by the Future Combat Systems (FCS) 

Brigade Combat Team (BCT) in order to field this system in fiscal 

year 2010: Provided, That the Army shall develop the NLOS– 
H. R. 2638—68 

C independent of the broader FCS development timeline to achieve 

fielding by fiscal year 2010. In addition, the Army will deliver 

five pre-production NLOS–C systems by the end of calendar year 

2008 and three pre-production NLOS–C systems by the end of 

calendar year 2009. These systems shall be in addition to those 

systems necessary for developmental and operational testing. 

SEC. 8086. The budget of the President for fiscal year 2010 

submitted to the Congress pursuant to section 1105 of title 31, 

United States Code, shall include separate budget justification documents for costs of United States Armed Forces’ participation in 

contingency operations for the Military Personnel accounts, the 

Operation and Maintenance accounts, and the Procurement 

accounts: Provided, That these documents shall include a description of the funding requested for each contingency operation, for 

each military service, to include all Active and Reserve components, 

and for each appropriations account: Provided further, That these 

documents shall include estimated costs for each element of expense 

or object class, a reconciliation of increases and decreases for each 

contingency operation, and programmatic data including, but not 

limited to, troop strength for each Active and Reserve component, 

and estimates of the major weapons systems deployed in support 

of each contingency: Provided further, That these documents shall 

include budget exhibits OP–5 and OP–32 (as defined in the Department of Defense Financial Management Regulation) for all contingency operations for the budget year and the two preceding fiscal 

years. 

SEC. 8087. None of the funds in this Act may be used for 

research, development, test, evaluation, procurement or deployment 

of nuclear armed interceptors of a missile defense system. 

SEC. 8088. Up to $2,500,000 of the funds appropriated under 

the heading ‘‘Operation and Maintenance, Navy’’ in this Act for 

the Pacific Missile Range Facility may be made available to contract 

for the repair, maintenance, and operation of adjacent off-base 

water, drainage, and flood control systems, electrical upgrade to 

support additional missions critical to base operations, and support 

for a range footprint expansion to further guard against encroachment. 

SEC. 8089. None of the funds appropriated or made available 

in this Act shall be used to reduce or disestablish the operation 

of the 53rd Weather Reconnaissance Squadron of the Air Force 

Reserve, if such action would reduce the WC–130 Weather Reconnaissance mission below the levels funded in this Act: Provided, 

That the Air Force shall allow the 53rd Weather Reconnaissance 

Squadron to perform other missions in support of national defense 

requirements during the non-hurricane season. 

SEC. 8090. None of the funds provided in this Act shall be 

available for integration of foreign intelligence information unless 

the information has been lawfully collected and processed during 

the conduct of authorized foreign intelligence activities: Provided, 

That information pertaining to United States persons shall only 

be handled in accordance with protections provided in the Fourth 

Amendment of the United States Constitution as implemented 

through Executive Order No. 12333. 

SEC. 8091. (a) At the time members of reserve components 

of the Armed Forces are called or ordered to active duty under 

section 12302(a) of title 10, United States Code, each member 
H. R. 2638—69 

shall be notified in writing of the expected period during which 

the member will be mobilized. 

(b) The Secretary of Defense may waive the requirements of 

subsection (a) in any case in which the Secretary determines that 

it is necessary to do so to respond to a national security emergency 

or to meet dire operational requirements of the Armed Forces. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8092. The Secretary of Defense may transfer funds from 

any available Department of the Navy appropriation to any available Navy ship construction appropriation for the purpose of liquidating necessary changes resulting from inflation, market fluctuations, or rate adjustments for any ship construction program appropriated in law: Provided, That the Secretary may transfer not to exceed $100,000,000 under the authority provided by this section: 

Provided further, That the Secretary may not transfer any funds 

until 30 days after the proposed transfer has been reported to 

the Committees on Appropriations of the House of Representatives 

and the Senate, unless a response from the Committees is received 

sooner: Provided further, That the transfer authority provided by 

this section is in addition to any other transfer authority contained 

elsewhere in this Act. 

SEC. 8093. For purposes of section 612 of title 41, United 

States Code, any subdivision of appropriations made under the 

heading ‘‘Shipbuilding and Conversion, Navy’’ that is not closed 

at the time reimbursement is made shall be available to reimburse 

the Judgment Fund and shall be considered for the same purposes 

as any subdivision under the heading ‘‘Shipbuilding and Conversion, 

Navy’’ appropriations in the current fiscal year or any prior fiscal 

year. 

SEC. 8094. (a) None of the funds appropriated by this Act 

may be used to transfer research and development, acquisition, 

or other program authority relating to current tactical unmanned 

aerial vehicles (TUAVs) from the Army. 

(b) The Army shall retain responsibility for and operational 

control of the MQ–1C Sky Warrior Unmanned Aerial Vehicle (UAV) 

in order to support the Secretary of Defense in matters relating 

to the employment of unmanned aerial vehicles. 

(c) None of the funds appropriated by this Act may be used 

to institute an inter-Service common contract for acquisition of 

MQ–1 or MQ–1C UAVs until 30 days after the Secretary of Defense 

certifies to the congressional defense committees that a common 

contract would achieve cost savings, be interoperable with, and 

not create undue sustainment costs compared to the current fleet. 

SEC. 8095. None of the funds appropriated by this Act, and 

hereafter, available for the Civilian Health and Medical Program 

of the Uniformed Services (CHAMPUS) or TRICARE shall be available for the reimbursement of any health care provider for inpatient 

mental health service for care received when a patient is referred 

to a provider of inpatient mental health care or residential treatment care by a medical or health care professional having an 

economic interest in the facility to which the patient is referred: 

Provided, That this limitation does not apply in the case of inpatient 

mental health services provided under the program for persons 

with disabilities under subsection (d) of section 1079 of title 10, 

United States Code, provided as partial hospital care, or provided 

pursuant to a waiver authorized by the Secretary of Defense because 
H. R. 2638—70 

of medical or psychological circumstances of the patient that are 

confirmed by a health professional who is not a Federal employee 

after a review, pursuant to rules prescribed by the Secretary, which 

takes into account the appropriate level of care for the patient, 

the intensity of services required by the patient, and the availability 

of that care. 

SEC. 8096. Of the funds provided in this Act, $10,000,000 

shall be available for the operations and development of training 

and technology for the Joint Interagency Training and Education 

Center and the affiliated Center for National Response at the 

Memorial Tunnel and for providing homeland defense/security and 

traditional warfighting training to the Department of Defense, other 

Federal agencies, and State and local first responder personnel 

at the Joint Interagency Training and Education Center. 

SEC. 8097. Notwithstanding any other provision of law or regulation, the Secretary of Defense may adjust wage rates for civilian 

employees hired for certain health care occupations as authorized 

for the Secretary of Veterans Affairs by section 7455 of title 38, 

United States Code. 

SEC. 8098. The authority to conduct a continuing cooperative 

program in the proviso in title II of Public Law 102–368 under 

the heading ‘‘Research, Development, Test and Evaluation, Defense 

Agencies’’ (106 Stat. 1121) shall be extended through September 

30, 2009 and hereafter, in cooperation with NELHA. 

SEC. 8099. Up to $15,000,000 of the funds appropriated under 

the heading, ‘‘Operation and Maintenance, Navy’’ may be made 

available for the Asia Pacific Regional Initiative Program for the 

purpose of enabling the Pacific Command to execute Theater Security Cooperation activities such as humanitarian assistance, and 

payment of incremental and personnel costs of training and exercising with foreign security forces: Provided, That funds made available for this purpose may be used, notwithstanding any other 

funding authorities for humanitarian assistance, security assistance 

or combined exercise expenses: Provided further, That funds may 

not be obligated to provide assistance to any foreign country that 

is otherwise prohibited from receiving such type of assistance under 

any other provision of law. 

SEC. 8100. None of the funds appropriated by this Act for 

programs of the Office of the Director of National Intelligence 

shall remain available for obligation beyond the current fiscal year, 

except for funds appropriated for research and technology, which 

shall remain available until September 30, 2010. 

SEC. 8101. Notwithstanding any other provision of this Act, 

to reflect savings from revised economic assumptions, the total 

amount appropriated in title II of this Act is hereby reduced by 

$313,780,000, the total amount appropriated in title III of this 

Act is hereby reduced by $298,000,000, and the total amount appropriated in title IV of this Act is hereby reduced by $218,000,000: 

Provided, That the Secretary of Defense shall allocate this reduction 

proportionally to each budget activity, activity group, subactivity 

group, and each program, project, and activity, within each appropriation account. 

SEC. 8102. For purposes of section 1553(b) of title 31, United 

States Code, any subdivision of appropriations made in this Act 

under the heading ‘‘Shipbuilding and Conversion, Navy’’ shall be 

considered to be for the same purpose as any subdivision under 

the heading ‘‘Shipbuilding and Conversion, Navy’’ appropriations 
H. R. 2638—71 

in any prior fiscal year, and the 1 percent limitation shall apply 

to the total amount of the appropriation. 

SEC. 8103. Notwithstanding any other provision of law, that 

not more than 35 percent of funds provided in this Act for environmental remediation may be obligated under indefinite delivery/ 

indefinite quantity contracts with a total contract value of 

$130,000,000 or higher. 

SEC. 8104. The Secretary of Defense shall create a major force 

program category for space for the Future Years Defense Program 

of the Department of Defense. The Secretary of Defense shall designate an official in the Office of the Secretary of Defense to provide 

overall supervision of the preparation and justification of program 

recommendations and budget proposals to be included in such major 

force program category. 

SEC. 8105. During the current fiscal year and hereafter, none 

of the funds appropriated or otherwise available to the Department 

of Defense may be obligated or expended to provide award fees 

to any defense contractor contrary to the provisions of section 

814 of the National Defense Authorization Act, Fiscal Year 2007 

(Public Law 109–364). 

SEC. 8106. None of the funds appropriated or otherwise made 

available by this or any other Act shall be obligated or expended 

by the United States Government for a purpose as follows: 

(1) To establish any military installation or base for the 

purpose of providing for the permanent stationing of United 

States Armed Forces in Iraq. 

(2) To exercise United States control over any oil resource 

of Iraq. 

SEC. 8107. Beginning with the fiscal year 2010 budget request, 

the Director of National Intelligence shall include the budget 

exhibits identified in paragraphs (1) and (2) as described in the 

Department of Defense Financial Management Regulation with the 

congressional budget justification books. 

(1) For procurement programs requesting more than 

$20,000,000 in any fiscal year, the P–1, Procurement Program; 

P–5, Cost Analysis; P–5a, Procurement History and Planning; 

P–21, Production Schedule; and P–40 Budget Item Justification. 

(2) For research, development, test and evaluation projects 

requesting more than $10,000,000 in any fiscal year, the R– 

1, RDT&E Program; R–2, RDT&E Budget Item Justification; 

R–3, RDT&E Project Cost Analysis; and R–4, RDT&E Program 

Schedule Profile. 

SEC. 8108. None of the funds made available in this Act may 

be used in contravention of the following laws enacted or regulations 

promulgated to implement the United Nations Convention Against 

Torture and Other Cruel, Inhuman or Degrading Treatment or 

Punishment (done at New York on December 10, 1984): 

(1) Section 2340A of title 18, United States Code. 

(2) Section 2242 of the Foreign Affairs Reform and Restructuring Act of 1998 (division G of Public Law 105–277; 112 

Stat. 2681–822; 8 U.S.C. 1231 note) and regulations prescribed 

thereto, including regulations under part 208 of title 8, Code 

of Federal Regulations, and part 95 of title 22, Code of Federal 

Regulations. 
H. R. 2638—72 

(3) Sections 1002 and 1003 of the Department of Defense, 

Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 

2006 (Public Law 109–148). 

SEC. 8109. Notwithstanding any other provision of law, none 

of the funds made available in this Act may be used to pay negotiated indirect cost rates on a contract, grant, or cooperative agreement (or similar arrangement) entered into by the Department 

of Defense and an entity in excess of 35 percent of the total 

cost of the contract, grant, or agreement (or similar arrangement): 

Provided, That this limitation shall apply only to contracts, grants, 

or cooperative agreements entered into after the date of the enactment of this Act using funds made available in this Act for basic 

research. 

SEC. 8110. The Secretary of Defense shall maintain on the 

homepage of the Internet website of the Department of Defense 

a direct link to the Internet website of the Office of Inspector 

General of the Department of Defense. 

SEC. 8111. (a) Not later than 60 days after enactment of this 

Act, the Office of the Director of National Intelligence shall submit 

a report to the congressional intelligence committees to establish 

the baseline for application of reprogramming and transfer authorities for fiscal year 2009: Provided, That the report shall include— 

(1) a table for each appropriation with a separate column 

to display the President’s budget request, adjustments made 

by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; 

(2) a delineation in the table for each appropriation by 

Expenditure Center and project; and 

(3) an identification of items of special congressional 

interest. 

(b) None of the funds provided for the National Intelligence 

Program in this Act shall be available for reprogramming or transfer 

until the report identified in subsection (a) is submitted to the 

congressional intelligence committees, unless the Director of 

National Intelligence certifies in writing to the congressional intelligence committees that such reprogramming or transfer is necessary as an emergency requirement. 

SEC. 8112. The Director of National Intelligence shall submit 

to Congress each year, at or about the time that the President’s 

budget is submitted to Congress that year under section 1105(a) 

of title 31, United States Code, a future-years intelligence program 

(including associated annexes) reflecting the estimated expenditures 

and proposed appropriations included in that budget. Any such 

future-years intelligence program shall cover the fiscal year with 

respect to which the budget is submitted and at least the four 

succeeding fiscal years. 

SEC. 8113. For the purposes of this Act, the term ‘‘congressional 

intelligence committees’’ means the Permanent Select Committee 

on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, the Subcommittee on Defense 

of the Committee on Appropriations of the House of Representatives, 

and the Subcommittee on Defense of the Committee on Appropriations of the Senate. 

SEC. 8114. The Department of Defense shall continue to report 

incremental contingency operations costs for Operation Iraqi 

Freedom and Operation Enduring Freedom on a monthly basis 
H. R. 2638—73 

in the Cost of War Execution Report as prescribed in the Department of Defense Financial Management Regulation Department 

of Defense Instruction 7000.14, Volume 12, Chapter 23 ‘‘Contingency Operations’’, Annex 1, dated September 2005. 

SEC. 8115. HORSHAM JOINT INTERAGENCY INSTALLATION.— (a) ESTABLISHMENT OF INSTALLATION.—The Horsham Joint 

Interagency Installation located in Horsham Township, Montgomery 

County, Pennsylvania is hereby established. Pursuant to Section 

3703 of the U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, 

and Iraq Accountability Appropriations Act (121 Stat. 145), at a 

time determined by the Secretary of the Navy, or upon completion 

of the associated Defense Base Closure and Realignment Commission recommendations, the Secretary of the Navy shall, notwithstanding any other provision of law, transfer to the Secretary of 

the Air Force, at no cost, all designated lands, easements, Air 

Installation Compatible Use Zones, and facilities at NASJRB Willow 

Grove. The airfield at the Horsham Joint Interagency Installation 

shall be known as ‘‘Pitcairn-Willow Grove Field’’. 

(b) TRANSFER TO COMMONWEALTH OF PENNSYLVANIA.—Notwithstanding any other provision of law, the Secretary of the Air Force 

shall convey all of the Navy property transferred to the Air Force, 

as well as excess Air Force property at the Willow Grove Air 

Reserve Station, to the Commonwealth of Pennsylvania, at no cost, 

for operation of the Horsham Joint Interagency Installation so 

long as it is used continuously as the Horsham Joint Interagency 

Installation. In the event the property is no longer used for the 

Horsham Joint Interagency Installation, it shall revert to the 

Department of Defense. Installation property conveyed to the 

Commonwealth of Pennsylvania may not be reconveyed, but may 

be leased, subleased, or licensed by the Commonwealth, for any 

agreed upon term, for use by the United States, its agencies or 

instrumentalities, at terms agreeable to the United States, or to 

State or local government agencies, or other associated users. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8116. (a) STOP-LOSS SPECIAL PAY.—In addition to the 

amounts appropriated or otherwise made available elsewhere in 

this Act, $72,000,000 is hereby appropriated to the Secretary of 

Defense to carry out this section. Such amount shall be made 

available to the Secretaries of the military departments only to 

provide special pay during fiscal year 2009 to members of the 

Army, Navy, Air Force, and Marine Corps, including members 

of their reserve components who at any time during fiscal year 

2009, serve on active duty while the members’ enlistment or period 

of obligated service is extended, or whose eligibility for retirement 

is suspended, pursuant to section 123 or 12305 of title 10, United 

States Code, or any other provision of law (commonly referred 

to as a ‘‘stop-loss authority’’) authorizing the President to extend 

an enlistment or period of obligated service, or suspend an eligibility 

for retirement, of a member of the uniformed services in time 

of war or of national emergency declared by Congress or the President. 

(b) SPECIAL PAY AMOUNT.—The amount of the special pay paid 

under subsection (a) to or on behalf of an eligible member may 

not exceed $500 per month for each month or portion of a month 

during fiscal year 2009 that the member is retained on active 

duty as a result of application of the stop-loss authority. 
H. R. 2638—74 

(c) IMPLEMENTATION PLAN.—Before obligating or expending any 

of the funds made available under subsection (a), the Secretary 

of Defense shall submit to the Committees on Appropriations of 

the House of Representatives and the Senate a report containing 

a plan for the provision of the special pay authorized by this 

section. 

SEC. 8117. Section 3287 of title 18, United States Code, is 

amended— 

(1) by inserting ‘‘or Congress has enacted a specific 

authorization for the use of the Armed Forces, as described 

in section 5(b) of the War Powers Resolution (50 U.S.C. 

1544(b)),’’ after ‘‘is at war’’; 

(2) by inserting ‘‘or directly connected with or related to 

the authorized use of the Armed Forces’’ after ‘‘prosecution 

of the war’’; 

(3) by striking ‘‘three years’’ and inserting ‘‘5 years’’; 

(4) by striking ‘‘proclaimed by the President’’ and inserting 

‘‘proclaimed by a Presidential proclamation, with notice to Congress,’’; and 

(5) by adding at the end the following: ‘‘For purposes of 

applying such definitions in this section, the term ‘war’ includes 

a specific authorization for the use of the Armed Forces, as 

described in section 5(b) of the War Powers Resolution (50 

U.S.C. 1544(b)).’’. 

SEC. 8118. INCENTIVES FOR ADDITIONAL DOWNBLENDING OF

HIGHLY ENRICHED URANIUM BY THE RUSSIAN FEDERATION. The 

USEC Privatization Act (42 U.S.C. 2297h et seq.) is amended— 

(1) in section 3102, by striking ‘‘For purposes’’ and inserting 

‘‘Except as provided in section 3112A, for purposes’’; and 

(2) by inserting after section 3112 the following: 

‘‘SEC. 3112A. INCENTIVES FOR ADDITIONAL DOWNBLENDING OF 

HIGHLY ENRICHED URANIUM BY THE RUSSIAN FEDERATION. 

‘‘(a) DEFINITIONS.—In this section: 

‘‘(1) COMPLETION OF THE RUSSIAN HEU AGREEMENT.—The 

term ‘completion of the Russian HEU Agreement’ means the 

importation into the United States from the Russian Federation 

pursuant to the Russian HEU Agreement of uranium derived 

from the downblending of not less than 500 metric tons of 

highly enriched uranium of weapons origin. 

‘‘(2) DOWNBLENDING.—The term ‘downblending’ means 

processing highly enriched uranium into a uranium product 

in any form in which the uranium contains less than 20 percent 

uranium-235. 

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

enriched uranium’ has the meaning given that term in section 

3102(4). 

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

term ‘highly enriched uranium of weapons origin’ means highly 

enriched uranium that— 

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

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

weapons origin. 

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

hexafluoride (UF6) and uranium oxide (UO2), in which the 
H. R. 2638—75 

uranium contains less than 20 percent uranium-235, including 

natural uranium, without regard to whether the uranium is 

incorporated into fuel rods or complete fuel assemblies. 

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

Agreement’ has the meaning given that term in section 

3102(11). 

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

‘‘(b) STATEMENT OF POLICY.—It is the policy of the United 

States to support the continued downblending of highly enriched 

uranium of weapons origin in the Russian Federation in order 

to protect the essential security interests of the United States 

with respect to the nonproliferation of nuclear weapons. 

‘‘(c) PROMOTION OF DOWNBLENDING OF RUSSIAN HIGHLY

ENRICHED URANIUM.— 

‘‘(1) COMPLETION OF THE RUSSIAN HEU AGREEMENT.—Prior 

to the completion of the Russian HEU Agreement, the importation into the United States of low-enriched uranium, including 

low-enriched uranium obtained under contracts for separative 

work units, that is produced in the Russian Federation and 

is not imported pursuant to the Russian HEU Agreement, 

may not exceed the following amounts: 

‘‘(A) In the 4-year period beginning with calendar year 

2008, 16,559 kilograms. 

‘‘(B) In calendar year 2012, 24,839 kilograms. 

‘‘(C) In calendar year 2013 and each calendar year 

thereafter through the calendar year of the completion 

of the Russian HEU Agreement, 41,398 kilograms. 

‘‘(2) INCENTIVES TO CONTINUE DOWNBLENDING RUSSIAN

HIGHLY ENRICHED URANIUM AFTER THE COMPLETION OF THE

RUSSIAN HEU AGREEMENT.— 

‘‘(A) IN GENERAL.—After the completion of the Russian 

HEU Agreement, the importation into the United States 

of low-enriched uranium, including low-enriched uranium 

obtained under contracts for separative work units, that 

is produced in the Russian Federation, whether or not 

such low-enriched uranium is derived from highly enriched 

uranium of weapons origin, may not exceed— 

‘‘(i) in calendar year 2014, 485,279 kilograms; 

‘‘(ii) in calendar year 2015, 455,142 kilograms; 

‘‘(iii) in calendar year 2016, 480,146 kilograms; 

‘‘(iv) in calendar year 2017, 490,710 kilograms; 

‘‘(v) in calendar year 2018, 492,731 kilograms; 

‘‘(vi) in calendar year 2019, 509,058 kilograms; 

and 

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

‘‘(B) ADDITIONAL IMPORTS IN EXCHANGE FOR A COMMITMENT TO DOWNBLEND AN ADDITIONAL 300 METRIC TONS OF

HIGHLY ENRICHED URANIUM.— 

‘‘(i) IN GENERAL.—In addition to the amount 

authorized to be imported under subparagraph (A) and 

except as provided in clause (ii), if the Russian Federation enters into a bilateral agreement with the United 

States under which the Russian Federation agrees to 

downblend an additional 300 metric tons of highly 

enriched uranium after the completion of the Russian 

HEU Agreement, 4 kilograms of low-enriched uranium, 
H. R. 2638—76 

whether or not such low-enriched uranium is derived 

from highly enriched uranium of weapons origin and 

including low-enriched uranium obtained under contracts for separative work units, may be imported in 

a calendar year for every 1 kilogram of Russian highly 

enriched uranium of weapons origin that was 

downblended in the preceding calendar year, subject 

to the verification of the Secretary of Energy under 

paragraph (10). 

‘‘(ii) MAXIMUM ANNUAL IMPORTS.—Not more than 

120,000 kilograms of low-enriched uranium may be 

imported in a calendar year under clause (i). 

‘‘(3) EXCEPTIONS.—The import limitations described in 

paragraphs (1) and (2) shall not apply to low-enriched uranium 

produced in the Russian Federation that is imported into the 

United States— 

‘‘(A) for use in the initial core of a new nuclear reactor; 

‘‘(B) for processing and to be certified for reexportation 

and not for consumption in the United States; or 

‘‘(C) to be added to the inventory of the Department 

of Energy. 

‘‘(4) LIMITED WAIVER AUTHORITY.— 

‘‘(A) IN GENERAL.—Notwithstanding paragraph (1)(C), 

if the completion of the Russian HEU Agreement does 

not occur before December 31, 2013, the import limitations 

under paragraph (1)(C) shall be waived, and low-enriched 

uranium may be imported into the United States in the 

quantities specified in paragraph (2) in a calendar year 

after 2013, if— 

‘‘(i) the Secretary of Energy and the Secretary 

of State jointly determine that— 

‘‘(I) the failure of the completion of the Russian 

HEU Agreement arises from causes beyond the 

control and without the fault or negligence of the 

Government of the Russian Federation; and 

‘‘(II) the Government of the Russian Federation has made reasonable efforts to avoid and mitigate the effects of the failure of the completion 

of the Russian HEU Agreement; and 

‘‘(ii) the Secretary of Energy and the Secretary 

of State jointly notify Congress of, and publish in the 

Federal Register, the determination under clause (i) 

and the reasons for the determination. 

‘‘(B) NOTICE AND WAIT.—A waiver under subparagraph 

(A) may not take effect until the date that is 180 days 

after the date on which Secretary of Energy and the Secretary of State notify Congress under subparagraph (A)(ii). 

‘‘(C) TERMINATION.—A waiver under subparagraph (A) 

shall terminate on December 31 of the calendar year with 

respect to which the Secretary makes the determination 

under subparagraph (A)(i). 

‘‘(5) ADJUSTMENTS TO IMPORT LIMITATIONS.— ‘‘(A) IN GENERAL.—The import limitations described 

in paragraph (2)(A) are based on the reference data in 

the 2005 Market Report on the Global Nuclear Fuel Market 

Supply and Demand 2005–2030 of the World Nuclear 

Association. In each of calendar years 2016 and 2019, the 
H. R. 2638—77 

Secretary of Commerce shall review the projected demand 

for uranium for nuclear reactors in the United States and 

adjust the import limitations described in paragraph (2)(A) 

to account for changes in such demand in years after the 

year in which that report or a subsequent report is published. 

‘‘(B) INCENTIVE ADJUSTMENT.—Beginning in the second 

calendar year after the calendar year of the completion 

of the Russian HEU Agreement, the Secretary of Energy 

shall increase or decrease the amount of low-enriched uranium that may be imported in a calendar year under paragraph (2)(B) (including the amount of low-enriched uranium 

that may be imported for each kilogram of highly enriched 

uranium downblended under paragraph (2)(B)(i)) by a 

percentage equal to the percentage increase or decrease, 

as the case may be, in the average amount of uranium 

loaded into nuclear power reactors in the United States 

in the most recent 3-calendar-year period for which data 

are available, as reported by the Energy Information 

Administration of the Department of Energy, compared 

to the average amount of uranium loaded into such reactors 

during the 3-calendar-year period beginning on January 

1, 2011, as reported by the Energy Information Administration. 

‘‘(C) PUBLICATION OF ADJUSTMENTS.—As soon as practicable, but not later than July 31 of each calendar year, 

the Secretary of Energy shall publish in the Federal Register the amount of low-enriched uranium that may be 

imported in the current calendar year after the adjustments 

under subparagraph (B). 

‘‘(6) AUTHORITY FOR ADDITIONAL ADJUSTMENT.—In addition 

to the adjustment under paragraph (5)(A), the Secretary of 

Commerce may adjust the import limitations under paragraph 

(2)(A) for a calendar year if the Secretary— 

‘‘(A) in consultation with the Secretary of Energy, 

determines that the available supply of low-enriched uranium and the available stockpiles of uranium of the Department of Energy are insufficient to meet demand in the 

United States in the following calendar year; and 

‘‘(B) notifies Congress of the adjustment not less than 

45 days before making the adjustment. 

‘‘(7) EQUIVALENT QUANTITIES OF LOW-ENRICHED URANIUM

IMPORTS.— 

‘‘(A) IN GENERAL.—The import limitations described 

in paragraphs (1) and (2) are expressed in terms of uranium 

containing 4.4 percent uranium-235 and a tails assay of 

0.3 percent. 

‘‘(B) ADJUSTMENT FOR OTHER URANIUM.—Imports of 

low-enriched uranium under paragraphs (1) and (2), 

including low-enriched uranium obtained under contracts 

for separative work units, shall count against the import 

limitations described in such paragraphs in amounts calculated as the quantity of low-enriched uranium containing 

4.4 percent uranium-235 necessary to equal the total 

amount of uranium-235 contained in such imports. 

‘‘(8) DOWNBLENDING OF OTHER HIGHLY ENRICHED URA- NIUM.— 
H. R. 2638—78 

‘‘(A) IN GENERAL.—The downblending of highly 

enriched uranium not of weapons origin may be counted 

for purposes of paragraph (2)(B), subject to verification 

under paragraph (10), if the Secretary of Energy determines 

that the highly enriched uranium to be downblended poses 

a risk to the national security of the United States. 

‘‘(B) EQUIVALENT QUANTITIES OF HIGHLY ENRICHED URANIUM.—For purposes of determining the additional lowenriched uranium imports allowed under paragraph (2)(B), 

highly enriched uranium not of weapons origin 

downblended pursuant to subparagraph (A) shall count 

as downblended highly enriched uranium of weapons origin 

in amounts calculated as the quantity of highly enriched 

uranium containing 90 percent uranium-235 necessary to 

equal the total amount of uranium-235 contained in the 

highly enriched uranium not of weapons origin 

downblended pursuant to subparagraph (A). 

‘‘(9) TERMINATION OF IMPORT RESTRICTIONS.—The provisions of this subsection shall terminate on December 31, 2020. 

‘‘(10) TECHNICAL VERIFICATIONS BY SECRETARY OF

ENERGY.— 

‘‘(A) IN GENERAL.—The Secretary of Energy shall verify 

the origin, quantity, and uranium-235 content of the highly 

enriched uranium downblended for purposes of paragraphs 

(2)(B) and (8). 

‘‘(B) METHODS OF VERIFICATION.—In conducting the 

verification required under subparagraph (A), the Secretary 

of Energy shall employ the transparency measures and 

access provisions agreed to under the Russian HEU Agreement for monitoring the downblending of Russian highly 

enriched uranium of weapons origin and such other 

methods as the Secretary determines appropriate. 

‘‘(11) ENFORCEMENT OF IMPORT LIMITATIONS.—The Secretary of Commerce shall be responsible for enforcing the import 

limitations imposed under this subsection and shall enforce 

such import limitations in a manner that imposes a minimal 

burden on the commercial nuclear industry. 

‘‘(12) EFFECT ON OTHER AGREEMENTS.— 

‘‘(A) RUSSIAN HEU AGREEMENT.—Nothing in this section 

shall be construed to modify the terms of the Russian 

HEU Agreement, including the provisions of the Agreement 

relating to the amount of low-enriched uranium that may 

be imported into the United States. 

‘‘(B) OTHER AGREEMENTS.—If a provision of any agreement between the United States and the Russian Federation, other than the Russian HEU Agreement, relating 

to the importation of low-enriched uranium, including lowenriched uranium obtained under contracts for separative 

work units, into the United States conflicts with a provision 

of this section, the provision of this section shall supersede 

the provision of the agreement to the extent of the conflict.’’. 

SEC. 8119. The amounts appropriated in title II of this Act 

are hereby reduced by $859,000,000 to reflect excess cash balances 

in Department of Defense Working Capital Funds, as follows: 

(1) From ‘‘Operation and Maintenance, Army’’, 

$823,000,000; and 
H. R. 2638—79 

(2) From ‘‘Operation and Maintenance, Air Force’’, 

$36,000,000. 

This division may be cited as the ‘‘Department of Defense 

Appropriations Act, 2009’’. 

DIVISION D—DEPARTMENT OF HOMELAND SECURITY 

APPROPRIATIONS ACT, 2009 

That the following sums are appropriated, out of any money in 

the Treasury not otherwise appropriated, for the Department of 

Homeland Security for the fiscal year ending September 30, 2009, 

and for other purposes, namely: 

TITLE I 

DEPARTMENTAL MANAGEMENT AND OPERATIONS 

OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT

For necessary expenses of the Office of the Secretary of Homeland Security, as authorized by section 102 of the Homeland Security Act of 2002 (6 U.S.C. 112), and executive management of 

the Department of Homeland Security, as authorized by law, 

$123,456,000: Provided, That not to exceed $60,000 shall be for 

official reception and representation expenses, of which $20,000 

shall be made available to the Office of Policy solely to host Visa 

Waiver Program negotiations in Washington, DC: Provided further, 

That within 15 days after the end of each quarter of the fiscal 

year, the Secretary shall submit to the Committees on Appropriations of the Senate and House of Representatives and to the Government Accountability Office a report of each instance where a request 

by the Government Accountability Office for access to Department 

of Homeland Security records was not granted within 20 calendar 

days and Government Accountability Office requests for interviews 

with Department of Homeland Security employees were not granted 

within seven calendar days: Provided further, That $15,000,000 

shall not be available for obligation until the second quarterly 

report detailed in the previous proviso is submitted to the Committees on Appropriations of the Senate and House of Representatives: 

Provided further, That $10,000,000 shall not be available for obligation until the Secretary of Homeland Security, in coordination with 

the Administrator of the Federal Emergency Management Agency, 

certifies to the Committees on Appropriations of the Senate and 

the House of Representatives that processes to incorporate stakeholder input for grant guidance development and award distribution 

have been: (1) developed to ensure transparency and increased 

consultation about security needs for all-hazards; (2) formalized 

and made clear to stakeholders; and (3) formalized to ensure future 

use for each fiscal year. 

OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

For necessary expenses of the Office of the Under Secretary 

for Management, as authorized by sections 701 through 705 of 

the Homeland Security Act of 2002 (6 U.S.C. 341 through 345), 

$191,793,000, of which not to exceed $3,000 shall be for official 

reception and representation expenses: Provided, That of the total 

amount, $6,000,000 shall remain available until expended solely 
H. R. 2638—80 

for the alteration and improvement of facilities, tenant improvements, and relocation costs to consolidate Department headquarters 

operations at the Nebraska Avenue Complex; and $17,131,000 shall 

remain available until expended for the Human Resources Information Technology program. 

OFFICE OF THE CHIEF FINANCIAL OFFICER

For necessary expenses of the Office of the Chief Financial 

Officer, as authorized by section 103 of the Homeland Security 

Act of 2002 (6 U.S.C. 113), $55,235,000, of which $11,000,000 shall 

remain available until expended for financial systems consolidation 

efforts. 

OFFICE OF THE CHIEF INFORMATION OFFICER

For necessary expenses of the Office of the Chief Information 

Officer, as authorized by section 103 of the Homeland Security 

Act of 2002 (6 U.S.C. 113), and Department-wide technology investments, $272,169,000; of which $86,928,000 shall be available for 

salaries and expenses; and of which $185,241,000, to remain available until expended, shall be available for development and acquisition of information technology equipment, software, services, and 

related activities for the Department of Homeland Security, of which 

not less than $23,830,000 shall be available for data center development and an additional $22,300,000 shall be available to support 

costs of transition to the National Center for Critical Information 

Processing and Storage: Provided, That $100,000,000 of the total 

amount appropriated under this heading shall not be available 

for obligation until the Committees on Appropriations of the Senate 

and the House of Representatives receive the report on data center 

transition: Provided further, That none of the funds appropriated 

shall be used to support or supplement the appropriations provided 

for the United States Visitor and Immigrant Status Indicator Technology project or the Automated Commercial Environment: Provided 

further, That the Chief Information Officer shall submit to the 

Committees on Appropriations of the Senate and the House of 

Representatives, not more than 60 days after the date of enactment 

of this Act, an expenditure plan for all information technology 

acquisition projects that: (1) are funded under this heading; or 

(2) are funded by multiple components of the Department of Homeland Security through reimbursable agreements: Provided further, 

That such expenditure plan shall include each specific project 

funded, key milestones, all funding sources for each project, details 

of annual and lifecycle costs, and projected cost savings or cost 

avoidance to be achieved by the project. 

ANALYSIS AND OPERATIONS

For necessary expenses for information analysis and operations 

coordination activities, as authorized by title II of the Homeland 

Security Act of 2002 (6 U.S.C. 121 et seq.), $327,373,000, of which 

not to exceed $5,000 shall be for official reception and representation 

expenses; and of which $215,745,000 shall remain available until 

September 30, 2010. 
H. R. 2638—81 

OFFICE OF THE FEDERAL COORDINATOR FOR GULF COAST

REBUILDING

For necessary expenses of the Office of the Federal Coordinator 

for Gulf Coast Rebuilding, $1,900,000. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in 

carrying out the provisions of the Inspector General Act of 1978 

(5 U.S.C. App.), $98,513,000, of which not to exceed $150,000 may 

be used for certain confidential operational expenses, including 

the payment of informants, to be expended at the direction of 

the Inspector General. 

TITLE II 

SECURITY, ENFORCEMENT, AND INVESTIGATIONS 

U.S. CUSTOMS AND BORDER PROTECTION

SALARIES AND EXPENSES

For necessary expenses for enforcement of laws relating to 

border security, immigration, customs, agricultural inspections and 

regulatory activities related to plant and animal imports, and 

transportation of unaccompanied minor aliens; purchase and lease 

of up to 6,300 (3,300 for replacement only) police-type vehicles; 

and contracting with individuals for personal services abroad; 

$7,603,206,000, of which $3,154,000 shall be derived from the 

Harbor Maintenance Trust Fund for administrative expenses 

related to the collection of the Harbor Maintenance Fee pursuant 

to section 9505(c)(3) of the Internal Revenue Code of 1986 (26 

U.S.C. 9505(c)(3)) and notwithstanding section 1511(e)(1) of the 

Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which not 

to exceed $45,000 shall be for official reception and representation 

expenses; of which not less than $271,679,000 shall be for Air 

and Marine Operations; of which $4,500,000 shall be for the 2010 

Olympics Coordination Center, of which not to exceed $2,000,000 

shall be available until September 30, 2010; of which $2,000,000 

shall be for Project SeaHawk; of which such sums as become available in the Customs User Fee Account, except sums subject to 

section 13031(f)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that 

account; of which not to exceed $150,000 shall be available for 

payment for rental space in connection with preclearance operations; and of which not to exceed $1,000,000 shall be for awards 

of compensation to informants, to be accounted for solely under 

the certificate of the Secretary of Homeland Security: Provided, 

That for fiscal year 2009, the overtime limitation prescribed in 

section 5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 267(c)(1)) 

shall be $35,000; and notwithstanding any other provision of law, 

none of the funds appropriated by this Act may be available to 

compensate any employee of U.S. Customs and Border Protection 

for overtime, from whatever source, in an amount that exceeds 

such limitation, except in individual cases determined by the Secretary of Homeland Security, or the designee of the Secretary, 

to be necessary for national security purposes, to prevent excessive 
H. R. 2638—82 

costs, or in cases of immigration emergencies: Provided further, 

That no funding available under this heading may be obligated 

for the operation of the Analytical Framework for Intelligence Officers until the Commissioner of U.S. Customs and Border Protection 

certifies that this Framework complies with all applicable laws, 

including section 552a of title 5, United States Code, and other 

laws protecting privacy, and such certification is reviewed by the 

Inspector General of the Department of Homeland Security: Provided further, That the Commissioner shall submit to the Committees on Appropriations of the Senate and the House of Representatives the results of operational field testing of cargo container 

security devices in high risk trade lanes no later than 120 days 

after the date of enactment of this Act. 

AUTOMATION MODERNIZATION

For expenses for U.S. Customs and Border Protection auto- mated systems, $511,334,000, to remain available until expended, 

of which not less than $316,851,000 shall be for the development 

of the Automated Commercial Environment: Provided, That of the 

total amount made available under this heading, $216,851,000 may 

not be obligated for the Automated Commercial Environment program until 30 days after the Committees on Appropriations of 

the Senate and the House of Representatives receive a report on 

the results to date and plans for the program from the Department 

of Homeland Security. 

BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY

For expenses for customs and border protection fencing, infra- structure, and technology, $775,000,000, to remain available until 

expended: Provided, That of the amount provided under this heading, $400,000,000 shall not be obligated until the Committees 

on Appropriations of the Senate and the House of Representatives 

receive and approve a plan for expenditure, prepared by the Secretary of Homeland Security and submitted not later than 90 days 

after the date of the enactment of this Act, for a program to 

establish and maintain a security barrier along the borders of 

the United States of fencing and vehicle barriers, where practicable, 

and other forms of tactical infrastructure and technology, that 

includes the following— 

(1) a detailed accounting of the program’s implementation 

to date for all investments, including technology and tactical 

infrastructure, for funding already expended relative to system 

capabilities or services, system performance levels, mission 

benefits and outcomes, milestones, cost targets, program 

management capabilities, identification of the maximum investment, including life cycle costs, related to the Secure Border 

Initiative program or any successor program, and description 

of the methodology used to obtain these cost figures; 

(2) a description of how specific projects will further the 

objectives of the Secure Border Initiative, as defined in the 

Department of Homeland Security Secure Border Plan, and 

how the expenditure plan allocates funding to the highest priority border security needs; 

(3) an explicit plan of action defining how all funds are 

to be obligated to meet future program commitments, with 

the planned expenditure of funds linked to the milestone-based 
H. R. 2638—83 

delivery of specific capabilities, services, performance levels, 

mission benefits and outcomes, and program management 

capabilities; 

(4) an identification of staffing, including full-time equivalents, contractors, and detailees, by program office; 

(5) a description of how the plan addresses security needs 

at the Northern border and ports of entry, including infrastructure, technology, design and operations requirements, specific 

locations where funding would be used, and priorities for 

Northern border activities; 

(6) a report on budget, obligations and expenditures, the 

activities completed, and the progress made by the program 

in terms of obtaining operational control of the entire border 

of the United States; 

(7) a listing of all open Government Accountability Office 

and the Office of Inspector General recommendations related 

to the program and the status of Department of Homeland 

Security actions to address the recommendations, including 

milestones to fully address such recommendations; 

(8) a certification by the Chief Procurement Officer of the 

Department that the program: (a) has been reviewed and 

approved in accordance with the investment management 

process of the Department, and that the process fulfills all 

capital planning and investment control requirements and 

reviews established by the Office of Management and Budget, 

including as provided in Circular A–11, part 7; (b) that the 

plans for the program comply with the Federal acquisition 

rules, requirements, guidelines, and practices, and a description 

of the actions being taken to address areas of non-compliance, 

the risks associated with such actions, together with any plans 

for addressing these risks, and the status of the implementation 

of such actions; (c) that procedures to prevent conflicts of 

interest between the prime integrator and major subcontractors 

are established and that the Secure Border Initiative Program 

Office has adequate staff and resources to effectively manage 

the Secure Border Initiative program, all contracts, including 

the exercise of technical oversight; and (d) the certifications 

required under this paragraph should be accompanied by all 

documents or memoranda, as well as documentation and a 

description of the investment review processes used to obtain 

such certifications; 

(9) a certification by the Chief Information Officer of the 

Department that: (a) the system architecture of the program 

is sufficiently aligned with the information systems enterprise 

architecture of the Department to minimize future rework, 

including a description of all aspects of the architectures that 

were or were not assessed in making the alignment determination, the date of the alignment determination, and any known 

areas of misalignment together with the associated risks and 

corrective actions to address any such areas; (b) the program 

has a risk management process that regularly and proactively 

identifies, evaluates, mitigates, and monitors risks throughout 

the system life cycle and communicates high-risk conditions 

to U.S. Customs and Border Protection and Department of 

Homeland Security investment decision-makers, as well as a 

listing of all the program’s high risks and the status of efforts 

to address such risks; (c) an independent verification and 
H. R. 2638—84 

validation agent is currently under contract for the projects 

funded under this heading; and (d) the certification required 

under this paragraph should be accompanied by all documents 

or memoranda, as well as documentation and a description 

of the investment review processes used to obtain such certification; 

(10) a certification by the Chief Human Capital Officer 

of the Department that the human capital needs of the Secure 

Border Initiative program are being addressed so as to ensure 

adequate staff and resources to effectively manage the Secure 

Border Initiative, together with a description of SBI staffing 

priorities; 

(11) an analysis by the Secretary for each segment, defined 

as not more than 15 miles, of fencing or tactical infrastructure, 

of the selected approach compared to other, alternative means 

of achieving operational control, and such analysis should 

include cost, level of operational control, possible unintended 

effects on communities, and other factors critical to the decision 

making process; and 

(12) is reviewed by the Government Accountability Office: 

Provided further, That the Secretary shall report to the Committees 

on Appropriations of the Senate and the House of Representatives 

on program progress, and obligations and expenditures for all outstanding task orders as well as specific objectives to be achieved 

through the award of current and remaining task orders planned 

for the balance of available appropriations at least 15 days before 

the award of any task order requiring an obligation of funds in 

an amount greater than $25,000,000 and before the award of a 

task order that would cause cumulative obligations of funds to 

exceed 50 percent of the total amount appropriated: Provided further, That none of the funds provided under this heading may 

be obligated unless the Department has complied with section 

102(b)(1)(C)(i) of the Illegal Immigration Reform and Immigrant 

Responsibility Act of 1996 (8 U.S.C. 1103 note), and the Secretary 

certifies such to the Committees on Appropriations of the Senate 

and the House of Representatives: Provided further, That none 

of the funds under this heading may be obligated for any project 

or activity for which the Secretary has exercised waiver authority 

pursuant to section 102(c) of the Illegal Immigration Reform and 

Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) until 

15 days have elapsed from the date of the publication of the decision 

in the Federal Register: Provided further, That notwithstanding the previous provisos, $100,000,000 of the amount provided under 

this heading shall be made available for obligation upon enactment 

of this Act without restriction. 

AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND

PROCUREMENT

For necessary expenses for the operations, maintenance, and 

procurement of marine vessels, aircraft, unmanned aircraft systems, 

and other related equipment of the air and marine program, 

including operational training and mission-related travel, and rental 

payments for facilities occupied by the air or marine interdiction 

and demand reduction programs, the operations of which include 

the following: the interdiction of narcotics and other goods; the 

provision of support to Federal, State, and local agencies in the 

enforcement or administration of laws enforced by the Department 
H. R. 2638—85 

of Homeland Security; and at the discretion of the Secretary of 

Homeland Security, the provision of assistance to Federal, State, 

and local agencies in other law enforcement and emergency humanitarian efforts, $528,000,000, to remain available until expended, 

of which $5,000,000 shall be to address private aircraft enforcement 

system noncompliance as specified in House Report 110–862: Provided, That no aircraft or other related equipment, with the exception of aircraft that are one of a kind and have been identified 

as excess to U.S. Customs and Border Protection requirements 

and aircraft that have been damaged beyond repair, shall be transferred to any other Federal agency, department, or office outside 

of the Department of Homeland Security during fiscal year 2009 

without the prior approval of the Committees on Appropriations 

of the Senate and the House of Representatives: Provided further, 

That of the total amount made available under this heading, 

$18,000,000 shall not be obligated until the Secretary notifies the 

Committees on Appropriations of the Senate and House of Representatives that the Department of Homeland Security has implemented the concept of operations described in section 544 of this 

Act. 

CONSTRUCTION

For necessary expenses to plan, construct, renovate, equip, 

and maintain buildings and facilities necessary for the administration and enforcement of the laws relating to customs and immigration, $403,201,000, to remain available until expended, of which 

$39,700,000 shall be for the Advanced Training Center: Provided, 

That for fiscal year 2010 and thereafter, the annual budget submission of U.S. Customs and Border Protection for ‘‘Construction’’ 

shall, in consultation with the General Services Administration, 

include a detailed 5-year plan for all Federal land border port 

of entry projects with a yearly update of total projected future 

funding needs. 

U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

SALARIES AND EXPENSES

For necessary expenses for enforcement of immigration and 

customs laws, detention and removals, and investigations; and purchase and lease of up to 3,790 (2,350 for replacement only) policetype vehicles; $4,927,210,000, of which not to exceed $7,500,000 

shall be available until expended for conducting special operations 

under section 3131 of the Customs Enforcement Act of 1986 (19 

U.S.C. 2081); of which not to exceed $15,000 shall be for official 

reception and representation expenses; of which not to exceed 

$1,000,000 shall be for awards of compensation to informants, to 

be accounted for solely under the certificate of the Secretary of 

Homeland Security; of which not less than $305,000 shall be for 

promotion of public awareness of the child pornography tipline 

and anti-child exploitation activities; of which not less than 

$5,400,000 shall be used to facilitate agreements consistent with 

section 287(g) of the Immigration and Nationality Act (8 U.S.C. 

1357(g)); and of which not to exceed $11,216,000 shall be available 

to fund or reimburse other Federal agencies for the costs associated 

with the care, maintenance, and repatriation of smuggled aliens 

unlawfully present in the United States: Provided, That none of 
H. R. 2638—86 

the funds made available under this heading shall be available 

to compensate any employee for overtime in an annual amount 

in excess of $35,000, except that the Secretary, or the designee 

of the Secretary, may waive that amount as necessary for national 

security purposes and in cases of immigration emergencies: Provided further, That of the total amount provided, $15,770,000 shall 

be for activities in fiscal year 2009 to enforce laws against forced 

child labor, of which not to exceed $6,000,000 shall remain available 

until expended: Provided further, That of the total amount available, 

not less than $1,000,000,000, of which $150,000,000 shall remain 

available until September 30, 2010, shall be available to identify 

aliens convicted of a crime, and who may be deportable, and to 

remove them from the United States once they are judged deportable: Provided further, That the Secretary, or the designee of the 

Secretary, shall report to the Committees on Appropriations of 

the Senate and the House of Representatives, at least quarterly, 

on progress implementing the preceding proviso, and the funds 

obligated during that quarter to make that progress: Provided further, That the Secretary shall prioritize the identification and 

removal of aliens convicted of a crime by the severity of that 

crime: Provided further, That of the total amount provided, not less than $2,481,213,000 is for detention and removal operations, 

including transportation of unaccompanied minor aliens: Provided 

further, That of the total amount provided, $6,800,000 shall remain 

available until September 30, 2010, for the Visa Security Program: 

Provided further, That none of the funds provided under this 

heading may be used to continue a delegation of law enforcement 

authority authorized under section 287(g) of the Immigration and 

Nationality Act (8 U.S.C. 1357(g)) if the Department of Homeland 

Security Inspector General determines that the terms of the agreement governing the delegation of authority have been violated: 

Provided further, That effective April 15, 2009, none of the funds 

provided under this heading may be used to continue any contract 

for the provision of detention services if the two most recent overall 

performance evaluations received by the contracted facility are less 

than ‘‘adequate’’ or the equivalent median score in any subsequent 

performance evaluation system: Provided further, That the Secretary shall submit to the Committees on Appropriations of the 

Senate and the House of Representatives, not later than January 

5, 2009, a plan for nationwide implementation of the Alternatives 

to Detention program that identifies: (1) the funds required for 

nationwide program implementation; (2) the timeframe for 

achieving nationwide program implementation; and (3) an estimate 

of the number of individuals who could be enrolled in a nationwide 

program: Provided further, That nothing under this heading shall 

prevent U.S. Immigation and Customs Enforcement from exercising 

those authorities provided under immigration laws (as defined in 

section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 

1101(a)(17))) during priority operations pertaining to aliens convicted of a crime. 

FEDERAL PROTECTIVE SERVICE

The revenues and collections of security fees credited to this 

account shall be available until expended for necessary expenses 

related to the protection of federally-owned and leased buildings 

and for the operations of the Federal Protective Service: Provided, 

That the Secretary of Homeland Security and the Director of the 
H. R. 2638—87 

Office of Management and Budget shall certify in writing to the 

Committees on Appropriations of the Senate and the House of 

Representatives no later than December 31, 2008, that the operations of the Federal Protective Service will be fully funded in 

fiscal year 2009 through revenues and collection of security fees, 

and shall adjust the fees to ensure fee collections are sufficient 

to ensure that the Federal Protective Service maintains not fewer 

than 1,200 full-time equivalent staff and 900 full-time equivalent 

Police Officers, Inspectors, Area Commanders, and Special Agents 

who, while working, are directly engaged on a daily basis protecting 

and enforcing laws at Federal buildings (referred to as ‘‘in-service 

field staff’’). 

AUTOMATION MODERNIZATION

For expenses of immigration and customs enforcement auto- mated systems, $57,000,000, to remain available until expended: 

Provided, That of the funds made available under this heading, $5,000,000 shall not be obligated until the Committees on Appropriations of the Senate and the House of Representatives receive 

an expenditure plan prepared by the Secretary of Homeland Security. 

CONSTRUCTION

For necessary expenses to plan, construct, renovate, equip, 

and maintain buildings and facilities necessary for the administration and enforcement of the laws relating to customs and immigration, $5,000,000, to remain available until expended: Provided, That 

none of the funds made available under this heading may be used 

to solicit or consider any request to privatize facilities currently 

owned by the United States Government and used to detain aliens 

unlawfully present in the United States until the Committees on 

Appropriations of the Senate and the House of Representatives 

receive a plan for carrying out that privatization. 

TRANSPORTATION SECURITY ADMINISTRATION

AVIATION SECURITY

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Transportation Security Administration related to providing civil aviation security services pursuant 

to the Aviation and Transportation Security Act (Public Law 107– 

71; 115 Stat. 597; 49 U.S.C. 40101 note), $4,754,518,000, to remain 

available until September 30, 2010, of which not to exceed $10,000 

shall be for official reception and representation expenses: Provided, That of the total amount made available under this heading, not 

to exceed $3,935,710,000 shall be for screening operations, of which 

$621,106,000 shall be available for explosives detection systems; 

and not to exceed $798,808,000 shall be for aviation security direction and enforcement: Provided further, That of the amount made 

available in the preceding proviso for explosives detection systems, 

$294,000,000 shall be available for the purchase and installation 

of these systems, of which not less than $84,500,000 shall be available for the purchase and installation of certified explosives detection systems at medium- and small-sized airports: Provided further, 

That the purchase of screening equipment for medium- and small- 
H. R. 2638—88 

sized airports must be competitively awarded: Provided further, 

That any award to deploy explosives detection systems shall be 

based on risk, the airports current reliance on other screening 

solutions, lobby congestion resulting in increased security concerns, 

high injury rates, airport readiness, and increased cost effectiveness: 

Provided further, That security service fees authorized under section 

44940 of title 49, United States Code, shall be credited to this 

appropriation as offsetting collections and shall be available only 

for aviation security: Provided further, That any funds collected 

and made available from aviation security fees pursuant to section 

44940(i) of title 49, United States Code, may, notwithstanding paragraph (4) of such section 44940(i), be expended for the purpose 

of improving screening at airport screening checkpoints, which may 

include the purchase and utilization of emerging technology equipment; the refurbishment and replacement of current equipment; 

the installation of surveillance systems to monitor checkpoint activities; the modification of checkpoint infrastructure to support checkpoint reconfigurations; and the creation of additional checkpoints 

to screen aviation passengers and airport personnel: Provided further, That of the amounts provided under this heading, $20,000,000 

may be transferred to the ‘‘Surface Transportation Security’’, 

‘‘Transportation Threat Assessment and Credentialing’’, and 

‘‘Transportation Security Support’’ appropriations in this Act for 

the purpose of implementing regulations and activities authorized 

in the Implementing Recommendations of the 9/11 Commission 

Act of 2007 (Public Law 110–53): Provided further, That the sum 

appropriated under this heading from the general fund shall be 

reduced on a dollar-for-dollar basis as such offsetting collections 

are received during fiscal year 2009, so as to result in a final 

fiscal year appropriation from the general fund estimated at not 

more than $2,434,518,000: Provided further, That any security 

service fees collected in excess of the amount made available under 

this heading shall become available during fiscal year 2010: Provided further, That Members of the United States House of Representatives and United States Senate, including the leadership; 

the heads of Federal agencies and commissions, including the Secretary, Under Secretaries, and Assistant Secretaries of the Department of Homeland Security; the United States Attorney General 

and Assistant Attorneys General and the United States attorneys; 

and senior members of the Executive Office of the President, 

including the Director of the Office of Management and Budget; 

shall not be exempt from Federal passenger and baggage screening. 

SURFACE TRANSPORTATION SECURITY

For necessary expenses of the Transportation Security Administration related to providing surface transportation security activities, $49,606,000, to remain available until September 30, 2010. 

TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING

For necessary expenses for the development and implementation of screening programs of the Office of Transportation Threat 

Assessment and Credentialing, $116,018,000, to remain available 

until September 30, 2010: Provided, That if the Assistant Secretary 

of Homeland Security (Transportation Security Administration) 

determines that the Secure Flight program does not need to check 

airline passenger names against the full terrorist watch list, the 
H. R. 2638—89 

Assistant Secretary shall certify to the Committees on Appropriations of the Senate and the House of Representatives that no 

significant security risks are raised by screening airline passenger 

names only against a subset of the full terrorist watch list. 

TRANSPORTATION SECURITY SUPPORT

For necessary expenses of the Transportation Security Administration related to providing transportation security support and 

intelligence pursuant to the Aviation and Transportation Security 

Act (Public Law 107–71; 115 Stat. 597; 49 U.S.C. 40101 note), 

$947,735,000, to remain available until September 30, 2010: Provided, That of the funds appropriated under this heading, 

$20,000,000 may not be obligated for headquarters administration 

until the Secretary of Homeland Security submits to the Committees 

on Appropriations of the Senate and the House of Representatives 

detailed expenditure plans for checkpoint support and explosives 

detection systems refurbishment, procurement, and installations 

on an airport-by-airport basis for fiscal year 2009: Provided further, 

That these plans shall be submitted no later than 60 days after 

the date of enactment of this Act. 

FEDERAL AIR MARSHALS

For necessary expenses of the Federal Air Marshals, 

$819,481,000. 

COAST GUARD

OPERATING EXPENSES

For necessary expenses for the operation and maintenance of 

the Coast Guard, not otherwise provided for; purchase or lease 

of not to exceed 25 passenger motor vehicles, which shall be for 

replacement only; for purchase or lease of small boats for contingent 

and emergent requirements (at a unit cost of no more than 

$700,000) and for repairs and service-life replacements, not to 

exceed a total of $26,000,000; minor shore construction projects 

not exceeding $1,000,000 in total cost at any location; payments 

pursuant to section 156 of Public Law 97–377 (42 U.S.C. 402 

note; 96 Stat. 1920); and recreation and welfare; $6,194,925,000, 

of which $340,000,000 shall be for defense-related activities; of 

which $24,500,000 shall be derived from the Oil Spill Liability 

Trust Fund to carry out the purposes of section 1012(a)(5) of the 

Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); of which not to 

exceed $20,000 shall be for official reception and representation 

expenses; and of which $3,600,000 shall be available until expended 

for the cost of repairing, rehabilitating, altering, modifying, and 

making improvements, including customized tenant improvements, 

to any replacement or expanded Operations Systems Center facility: 

Provided, That none of the funds made available by this or any 

other Act shall be available for administrative expenses in connection with shipping commissioners in the United States: Provided 

further, That none of the funds made available by this Act shall 

be for expenses incurred for recreational vessels under section 12114 

of title 46, United States Code, except to the extent fees are collected 

from yacht owners and credited to this appropriation: Provided 
H. R. 2638—90 

further, That the Commandant shall submit a financial management improvement plan that has been reviewed by the Inspector 

General of the Department of Homeland Security containing yearly, 

measurable milestones, to the Committees on Appropriations of 

the Senate and the House of Representatives by December 1, 2008: 

Provided further, That the Coast Guard shall comply with the 

requirements of section 527 of Public Law 108-136 with respect 

to the Coast Guard Academy: Provided further, That notwithstanding section 503 of this Act, amounts not to exceed 5 percent 

of the total amount appropriated under this heading may be transferred to the ‘‘Acquisition, Construction, and Improvements’’ appropriation, to be available under the terms and conditions applicable 

to that appropriation, and to be available for personnel compensation and benefits and related costs to adjust personnel assignment 

to accelerate management and oversight of new or existing projects 

without detrimentally affecting the management and oversight of 

other projects: Provided further, That the amount made available 

for ‘‘Personnel, Compensation, and Benefits’’ in the ‘‘Acquisition, 

Construction, and Improvements’’ appropriation shall not be 

increased by more than 10 percent by such transfers: Provided 

further, That the Committees on Appropriations of the Senate and 

the House of Representatives shall be notified of each transfer 

within 10 days after it is executed. 

ENVIRONMENTAL COMPLIANCE AND RESTORATION

For necessary expenses to carry out the environmental compliance and restoration functions of the Coast Guard under chapter 

19 of title 14, United States Code, $13,000,000, to remain available 

until expended. 

RESERVE TRAINING

For necessary expenses of the Coast Guard Reserve, as authorized by law; operations and maintenance of the reserve program; 

personnel and training costs; and equipment and services; 

$130,501,000. 

ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

For necessary expenses of acquisition, construction, renovation, 

and improvement of aids to navigation, shore facilities, vessels, 

and aircraft, including equipment related thereto; and maintenance, 

rehabilitation, lease and operation of facilities and equipment, as 

authorized by law; $1,494,576,000, of which $20,000,000 shall be 

derived from the Oil Spill Liability Trust Fund to carry out the 

purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 

(33 U.S.C. 2712(a)(5)); of which $113,000,000 shall be available 

until September 30, 2013, to acquire, repair, renovate, or improve 

vessels, small boats, and related equipment; of which $89,174,000 

shall be available until September 30, 2011, for other equipment; 

of which $68,000,000 shall be available until September 30, 2011, 

for shore facilities and aids to navigation facilities, including 

$3,000,000 for Sector Buffalo and $15,000,000 for the Rescue 

Swimmer Training Facility; of which $92,830,000 shall be available 

for personnel compensation and benefits and related costs; of which 

$97,578,000 shall be available until expended for a new Coast 

Guard and Department of Homeland Security headquarters; and 
H. R. 2638—91 

of which $1,033,994,000 shall be available until September 30, 

2013, for the Integrated Deepwater Systems program: Provided, 

That of the funds made available for the Integrated Deepwater 

Systems program, $244,550,000 is for aircraft and $571,003,000 

is for surface ships: Provided further, That $350,000,000 of the 

funds provided for the Integrated Deepwater Systems program may 

not be obligated until the Committees on Appropriations of the 

Senate and the House of Representatives receive directly from 

the Coast Guard and approve a plan for expenditure that— 

(1) defines activities, milestones, yearly costs, and life cycle 

costs for each new procurement of a major asset, including 

an independent cost estimate for each; 

(2) identifies life cycle staffing and training needs of Coast 

Guard project managers and procurement and contract staff; 

(3) identifies competition to be conducted in, and summarizes the approved acquisition strategy for, each procurement; 

(4) includes a certification by the Chief Human Capital 

Officer of the Department of Homeland Security that current 

human capital capabilities are sufficient to execute the expenditure plan; 

(5) includes an explanation of each procurement that 

involves an indefinite delivery/indefinite quantity contract and 

explains the need for such contract; 

(6) identifies individual project balances by fiscal year, 

including planned carryover into fiscal year 2010 by project; 

(7) identifies operational gaps by asset and explains how 

funds provided in this Act address the shortfalls between current operational capabilities and requirements; 

(8) includes a listing of all open Government Accountability 

Office and Office of Inspector General recommendations related 

to the program and the status of Coast Guard actions to address 

the recommendations, including milestones for fully addressing 

them; 

(9) includes a certification by the Chief Procurement Officer 

of the Department that the program has been reviewed and 

approved in accordance with the investment management 

process of the Department, and that the process fulfills all 

capital planning and investment control requirements and 

reviews established by the Office of Management and Budget, 

including Circular A–11, part 7; 

(10) identifies use of the Defense Contract Audit Agency; 

(11) includes a certification by the head of contracting 

activity for the Coast Guard and the Chief Procurement Officer 

of the Department that the plans for the program comply 

with the Federal acquisition rules, requirements, guidelines, 

and practices, and a description of the actions being taken 

to address areas of non-compliance, the risks associated with 

them along with plans for addressing these risks, and the 

status of their implementation; 

(12) identifies the use of independent validation and 

verification; and 

(13) is reviewed by the Government Accountability Office: 

Provided further, That no funding may be obligated for low rate 

initial production or initial production of any Integrated Deepwater 

Systems program asset until Coast Guard revises its Major Systems 

Acquisition Manual procedures to require a formal design review 

prior to the authorization of low rate initial production or initial 
H. R. 2638—92 

production: Provided further, That the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate 

and the House of Representatives, in conjunction with the President’s fiscal year 2010 budget, a review of the Revised Deepwater 

Implementation Plan that identifies any changes to the plan for 

the fiscal year; an annual performance comparison of Integrated 

Deepwater Systems program assets to pre-Deepwater legacy assets; 

a status report of legacy assets; a detailed explanation of how 

the costs of legacy assets are being accounted for within the 

Integrated Deepwater Systems program; and the earned value 

management system gold card data for each Integrated Deepwater 

Systems program asset: Provided further, That the Secretary shall 

submit to the Committees on Appropriations of the Senate and 

the House of Representatives a comprehensive review of the Revised 

Deepwater Implementation Plan every 5 years, beginning in fiscal 

year 2011, that includes a complete projection of the acquisition 

costs and schedule for the duration of the plan through fiscal 

year 2027: Provided further, That the Secretary shall annually 

submit to the Committees on Appropriations of the Senate and 

the House of Representatives, at the time that the President’s 

budget is submitted under section 1105(a) of title 31, United States 

Code, a future-years capital investment plan for the Coast Guard 

that identifies for each capital budget line item— 

(1) the proposed appropriation included in that budget; 

(2) the total estimated cost of completion; 

(3) projected funding levels for each fiscal year for the 

next 5 fiscal years or until project completion, whichever is 

earlier; 

(4) an estimated completion date at the projected funding 

levels; and 

(5) changes, if any, in the total estimated cost of completion 

or estimated completion date from previous future-years capital 

investment plans submitted to the Committees on Appropriations of the Senate and the House of Representatives: 

Provided further, That the Secretary shall ensure that amounts 

specified in the future-years capital investment plan are consistent 

to the maximum extent practicable with proposed appropriations 

necessary to support the programs, projects, and activities of the 

Coast Guard in the President’s budget as submitted under section 

1105(a) of title 31, United States Code, for that fiscal year: Provided 

further, That any inconsistencies between the capital investment 

plan and proposed appropriations shall be identified and justified: 

Provided further, That subsections (a), and (b) of section 6402 

of the U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, 

and Iraq Accountability Appropriations Act, 2007 (Public Law 110– 

28) shall apply to fiscal year 2009: Provided further, That notwithstanding section 503 of this Act, amounts transferred from the 

‘‘Operating Expenses’’ appropriation for personnel compensation and 

benefits and related costs to adjust personnel assignment to accelerate management and oversight of new or existing projects may 

be transferred to the ‘‘Operating Expenses’’ appropriation to be 

merged with that appropriation, to be available under the same 

terms and conditions for which that appropriation is available, 

when no longer required for project acceleration or oversight, or 

to otherwise adjust personnel assignment: Provided further, That 

the Committees on Appropriations of the Senate and the House 
H. R. 2638—93 

of Representatives shall be notified of each transfer within 30 

days after it is executed. 

ALTERATION OF BRIDGES

For necessary expenses for alteration or removal of obstructive 

bridges, as authorized by section 6 of the Truman-Hobbs Act (33 

U.S.C. 516), $16,000,000, to remain available until expended: Provided, That of the amounts made available under this heading, 

$2,000,000 shall be for the Burlington Northern Railroad Bridge 

in Burlington, Iowa; $2,000,000 shall be for the Canadian Pacific 

Railway Bridge in La Crosse, Wisconsin; $2,000,000 shall be for 

the Chelsea Street Bridge in Chelsea, Massachusetts; $2,000,000 

shall be for the Elgin, Joliet, and Eastern Railway Company Bridge 

in Morris, Illinois; $4,000,000 shall be for the Fourteen Mile Bridge 

in Mobile, Alabama; and $4,000,000 shall be for the Galveston 

Causeway Bridge in Galveston, Texas. 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

For necessary expenses for applied scientific research, development, test, and evaluation; and for maintenance, rehabilitation, 

lease, and operation of facilities and equipment; as authorized by 

law; $18,000,000, to remain available until expended, of which 

$500,000 shall be derived from the Oil Spill Liability Trust Fund 

to carry out the purposes of section 1012(a)(5) of the Oil Pollution 

Act of 1990 (33 U.S.C. 2712(a)(5)): Provided, That there may be 

credited to and used for the purposes of this appropriation funds 

received from State and local governments, other public authorities, 

private sources, and foreign countries for expenses incurred for 

research, development, testing, and evaluation. 

RETIRED PAY

For retired pay, including the payment of obligations otherwise 

chargeable to lapsed appropriations for this purpose, payments 

under the Retired Serviceman’s Family Protection and Survivor 

Benefits Plans, payment for career status bonuses, concurrent 

receipts and combat-related special compensation under the 

National Defense Authorization Act, and payments for medical care 

of retired personnel and their dependents under chapter 55 of 

title 10, United States Code, $1,236,745,000, to remain available 

until expended. 

UNITED STATES SECRET SERVICE

SALARIES AND EXPENSES

For necessary expenses of the United States Secret Service, 

including purchase of not to exceed 675 vehicles for police-type 

use, of which 645 shall be for replacement only, and hire of passenger motor vehicles; purchase of motorcycles made in the United 

States; hire of aircraft; services of expert witnesses at such rates 

as may be determined by the Director of the Secret Service; rental 

of buildings in the District of Columbia, and fencing, lighting, 

guard booths, and other facilities on private or other property 

not in Government ownership or control, as may be necessary 

to perform protective functions; payment of per diem or subsistence 

allowances to employees where a protective assignment during the 
H. R. 2638—94 

actual day or days of the visit of a protectee requires an employee 

to work 16 hours per day or to remain overnight at a post of 

duty; conduct of and participation in firearms matches; presentation 

of awards; travel of United States Secret Service employees on 

protective missions without regard to the limitations on such 

expenditures in this or any other Act if approval is obtained in 

advance from the Committees on Appropriations of the Senate 

and the House of Representatives; research and development; grants 

to conduct behavioral research in support of protective research 

and operations; and payment in advance for commercial accommodations as may be necessary to perform protective functions; 

$1,408,729,000; of which not to exceed $25,000 shall be for official 

reception and representation expenses; of which not to exceed 

$100,000 shall be to provide technical assistance and equipment 

to foreign law enforcement organizations in counterfeit investigations; of which $2,366,000 shall be for forensic and related support 

of investigations of missing and exploited children; and of which 

$6,000,000 shall be for a grant for activities related to the investigations of missing and exploited children and shall remain available 

until expended: Provided, That up to $18,000,000 provided for 

protective travel shall remain available until September 30, 2010: 

Provided further, That up to $1,000,000 for National Special Security Events shall remain available until expended: Provided further, 

That the United States Secret Service is authorized to obligate 

funds in anticipation of reimbursements from Federal agencies and 

entities, as defined in section 105 of title 5, United States Code, 

receiving training sponsored by the James J. Rowley Training 

Center, except that total obligations at the end of the fiscal year 

shall not exceed total budgetary resources available under this 

heading at the end of the fiscal year: Provided further, That none 

of the funds made available under this heading shall be available 

to compensate any employee for overtime in an annual amount 

in excess of $35,000, except that the Secretary of Homeland Security, or the designee of the Secretary, may waive that amount 

as necessary for national security purposes: Provided further, That 

the limitation in the preceding proviso shall not take effect until 

the Director of the Office of Management and Budget submits 

to the Committees on Appropriations of the Senate and the House 

of Representatives a report certifying that such a limitation on 

compensation will not have a significant effect on operations of 

the United States Secret Service: Provided further, That none of 

the funds appropriated to the United States Secret Service by 

this Act or by previous appropriations Acts may be made available 

for the protection of the head of a Federal agency other than 

the Secretary of Homeland Security: Provided further, That the 

Director of the United States Secret Service may enter into an 

agreement to perform such service on a fully reimbursable basis. 

ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED

EXPENSES

For necessary expenses for acquisition, construction, repair, 

alteration, and improvement of facilities, $4,225,000, to remain 

available until expended: Provided, That of the total amount provided, $250,000 is for a perimeter security and noise abatement 

study at the James J. Rowley Training Center. 
H. R. 2638—95 

TITLE III 

PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY 

NATIONAL PROTECTION AND PROGRAMS DIRECTORATE

MANAGEMENT AND ADMINISTRATION

For salaries and expenses of the Office of the Under Secretary 

for the National Protection and Programs Directorate, support for 

operations, information technology, and the Office of Risk Management and Analysis, $51,350,000: Provided, That not to exceed 

$5,000 shall be for official reception and representation expenses. 

INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY

For necessary expenses for infrastructure protection and 

information security programs and activities, as authorized by title 

II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), 

$806,913,000, of which $720,116,000 shall remain available until 

September 30, 2010: Provided, That of the total amount provided, 

$20,000,000 is for necessary expenses of the National Infrastructure 

Simulation and Analysis Center: Provided further, That of the 

amount made available under this heading, $127,462,000 may not 

be obligated for the National Cyber Security Initiative program 

and $25,125,000 may not be obligated for the Next Generation 

Networks program until the Committees on Appropriations of the 

Senate and the House of Representatives receive and approve a 

plan for expenditure for that program that describes the strategic 

context of the program; the specific goals and milestones set for 

the program; and the funds allocated to achieving each of those 

goals: Provided further, That of the total amount provided, 

$2,000,000 is for Philadelphia infrastructure monitoring; $3,000,000 

is for protection of critical underground infrastructure in major 

urban areas; $1,000,000 is for improved improvised explosive device 

mapping and modeling tools; $3,500,000 is for State and local 

cyber security training; and $4,000,000 is for the Power and Cyber 

Systems Protection, Analysis, and Testing Program at the Idaho 

National Laboratory. 

UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR

TECHNOLOGY

For necessary expenses for the development of the United 

States Visitor and Immigrant Status Indicator Technology project, 

as authorized by section 110 of the Illegal Immigration Reform 

and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), 

$300,000,000, to remain available until expended: Provided, That 

of the total amount made available under this heading, $75,000,000 

may not be obligated for the United States Visitor and Immigrant 

Status Indicator Technology project until the Committees on Appropriations of the Senate and the House of Representatives receive 

a plan for expenditure prepared by the Secretary of Homeland 

Security that includes— 

(1) a detailed accounting of the program’s progress to date 

relative to system capabilities or services, system performance 

levels, mission benefits and outcomes, milestones, cost targets, 

and program management capabilities; 
H. R. 2638—96 

(2) an explicit plan of action defining how all funds are 

to be obligated to meet future program commitments, with 

the planned expenditure of funds linked to the milestone-based 

delivery of specific capabilities, services, performance levels, 

mission benefits and outcomes, and program management 

capabilities; 

(3) a listing of all open Government Accountability Office 

and Office of Inspector General recommendations related to 

the program and the status of Department of Homeland Security actions to address the recommendations, including milestones for fully addressing such recommendations; 

(4)(a) a certification by the Chief Procurement Officer of 

the Department that (1) the program has been reviewed and 

approved in accordance with the investment management 

process of the Department; (2) the process fulfills all capital 

planning and investment control requirements and reviews 

established by the Office of Management and Budget, including 

as provided in Circular A–11, part 7; and (3) the plans for 

the program comply with the Federal acquisition rules, requirements, guidelines, and practices; and (b) a description by the 

Chief Procurement Officer of the actions being taken to address 

areas of non-compliance, the risks associated with such areas 

as well as any plans for addressing such risks, and the status 

of the implementation of such actions; 

(5)(a) a certification by the Chief Information Officer of 

the Department that (1) an independent verification and validation agent is currently under contract for the project; (2) the 

system architecture of the program is sufficiently aligned with 

the information systems enterprise architecture of the Department to minimize future rework, including a description of 

all aspects of the architecture that were or were not assessed 

in making the alignment determination, the date of the alignment determination, and any known areas of misalignment 

along with the associated risks and corrective actions to address 

any such areas; and (3) the program has a risk management 

process that regularly identifies, evaluates, mitigates, and monitors risks throughout the system life cycle, and communicates 

high-risk conditions to agency and Department investment decision makers; and (b) a listing by the Chief Information Officer 

of all the program’s high risks and the status of efforts to 

address them; 

(6) a certification by the Chief Human Capital Officer of 

the Department that the human capital needs of the program 

are being strategically and proactively managed, and that current human capital capabilities are sufficient to execute the 

plans discussed in the report; 

(7) a complete schedule for the full implementation of a 

biometric exit program or a certification that such program 

is not possible within 5 years; and 

(8) a detailed accounting of operation and maintenance, 

contractor services, and program costs associated with the 

management of identity services: 

Provided further, That no funding under this heading shall be 

obligated for implementation of a final air exit solution pursuant 

to the notice of proposed rulemaking (DHS–2008–0039) published 

on April 24, 2008, until the Committees on Appropriations of the 

Senate and the House of Representatives receive a report on pilot 
H. R. 2638—97 

tests of the air exit solution, which shall be reviewed by the Government Accountability Office, and which shall test at least two scenarios: (a) where the airlines collect and transmit biometric exit 

data as proposed in the notice of proposed rulemaking and (b) 

where U.S. Customs and Border Protection collects such information 

at the departure gates. 

OFFICE OF HEALTH AFFAIRS

For necessary expenses of the Office of Health Affairs, $157,191,000, of which $29,210,000 is for salaries and expenses; 

and of which $127,981,000 is to remain available until September 

30, 2010, for biosurveillance, BioWatch, medical readiness planning, 

chemical response, and other activities: Provided, That not to exceed 

$3,000 shall be for official reception and representation expenses. 

FEDERAL EMERGENCY MANAGEMENT AGENCY

MANAGEMENT AND ADMINISTRATION

For necessary expenses for management and administration of the Federal Emergency Management Agency, $837,437,000, 

including activities authorized by the National Flood Insurance 

Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster 

Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 

the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 

et seq.), the Defense Production Act of 1950 (50 U.S.C. App. 2061 

et seq.), sections 107 and 303 of the National Security Act of 

1947 (50 U.S.C. 404, 405), Reorganization Plan No. 3 of 1978 

(5 U.S.C. App.), the Homeland Security Act of 2002 (6 U.S.C. 

101 et seq.), and the Post-Katrina Emergency Management Reform 

Act of 2006 (Public Law 109–295; 120 Stat. 1394): Provided, That 

not to exceed $3,000 shall be for official reception and representation 

expenses: Provided further, That the President’s budget submitted 

under section 1105(a) of title 31, United States Code, shall be 

detailed by office for the Federal Emergency Management Agency: 

Provided further, That $10,000,000 shall not be available for obligation until the Secretary of Homeland Security, in coordination with 

the Administrator of the Federal Emergency Management Agency, 

certifies and reports to the Committees on Appropriations of the 

Senate and the House of Representatives that processes to incorporate stakeholder input for grant guidance development and award 

distribution have been: (1) developed to ensure transparency and 

increased consultation about security needs for all-hazards; (2) formalized and made clear to stakeholders; and (3) formalized to 

ensure future use for each fiscal year: Provided further, That of 

the total amount made available under this heading, $5,000,000 

shall be for the development of tools and systems to measure 

the achievement and effectiveness of first responder grant programs: 

Provided further, That of the total amount made available under 

this heading, $32,500,000 shall be for the Urban Search and Rescue 

Response System, of which not to exceed $1,600,000 may be made 

available for administrative costs; $2,200,000 shall be for the Pacific 

Region Homeland Security Center, Honolulu, Hawaii, $5,000,000 

shall be for the State of North Carolina, and $2,425,000 shall 

be for the Commonwealth of Kentucky, as detailed in the statement 

accompanying this Act; and $6,342,000 shall be for the Office of 

National Capital Region Coordination: Provided further, That for 
H. R. 2638—98 

purposes of planning, coordination, execution, and decision-making 

related to mass evacuation during a disaster, the Governors of 

the State of West Virginia and the Commonwealth of Pennsylvania, 

or their designees, shall be incorporated into efforts to integrate 

the activities of Federal, State, and local governments in the 

National Capital Region, as defined in section 882 of Public Law 

107–296, the Homeland Security Act of 2002. 

STATE AND LOCAL PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

For grants, contracts, cooperative agreements, and other activities, $3,105,700,000 shall be allocated as follows: 

(1) $950,000,000 shall be for the State Homeland Security 

Grant Program under section 2004 of the Homeland Security 

Act of 2002 (6 U.S.C. 605): Provided, That of the amount 

provided by this paragraph, $60,000,000 shall be for Operation 

Stonegarden: Provided further, That notwithstanding subsection (c)(4) of such section 2004, for fiscal year 2009, the 

Commonwealth of Puerto Rico shall make available to local 

and tribal governments amounts provided to the Commonwealth of Puerto Rico under this paragraph in accordance with 

subsection (c)(1) of such section 2004. 

(2) $837,500,000 shall be for the Urban Area Security Initiative under section 2003 of the Homeland Security Act of 

2002 (6 U.S.C. 604), of which, notwithstanding subsection (c)(1) 

of such section, $15,000,000 shall be for grants to organizations 

(as described under section 501(c)(3) of the Internal Revenue 

Code of 1986 and exempt from tax section 501(a) of such 

code) determined by the Secretary of Homeland Security to 

be at high risk of a terrorist attack. (3) $35,000,000 shall be for Regional Catastrophic 

Preparedness Grants. (4) $41,000,000 shall be for the Metropolitan Medical 

Response System under section 635 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 723). (5) $15,000,000 shall be for the Citizen Corps Program. 

(6) $400,000,000 shall be for Public Transportation Security 

Assistance and Railroad Security Assistance under sections 

1406 and 1513 of the Implementing Recommendations of the 

9/11 Commission Act of 2007 (Public Law 110–53; 6 U.S.C. 

1135 and 1163), of which not less than $25,000,000 shall be 

for Amtrak security: Provided, That there shall be no cost 

share requirement for funds made available under this paragraph and made available for these same purposes in Public 

Law 110–161: Provided further, That such public transportation 

security assistance shall be provided directly to public transportation agencies. 

(7) $400,000,000 shall be for Port Security Grants in accordance with 46 U.S.C. 70107. 

(8) $12,000,000 shall be for Over-the-Road Bus Security 

Assistance under section 1532 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public 

Law 110–53; 6 U.S.C. 1182). 

(9) $8,000,000 shall be for Trucking Industry Security 

Grants. 
H. R. 2638—99 

(10) $50,000,000 shall be for Buffer Zone Protection Program Grants. 

(11) $8,000,000 shall be for the Commercial Equipment 

Direct Assistance Program. 

(12) $50,000,000 shall be for the Interoperable Emergency 

Communications Grant Program under section 1809 of the 

Homeland Security Act of 2002 (6 U.S.C. 579). 

(13) $35,000,000 shall remain available until expended, 

for grants for Emergency Operations Centers under section 

614 of the Robert T. Stafford Disaster Relief and Emergency 

Assistance Act (42 U.S.C. 5196c), as detailed in the statement 

accompanying this Act. 

(14) $264,200,000 shall be for training, exercises, technical 

assistance, and other programs, of which— 

(A) $164,500,000 is for purposes of training in accordance with section 1204 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1102), 

of which $62,500,000 shall be for the Center for Domestic 

Preparedness; $23,000,000 shall be for the National Energetic Materials Research and Testing Center, New Mexico 

Institute of Mining and Technology; $23,000,000 shall be 

for the National Center for Biomedical Research and 

Training, Louisiana State University; $23,000,000 shall be 

for the National Emergency Response and Rescue Training 

Center, Texas A&M University; $23,000,000 shall be for 

the National Exercise, Test, and Training Center, Nevada 

Test Site; $5,000,000 shall be for the Transportation Technology Center, Incorporated, in Pueblo, Colorado; and 

$5,000,000 shall be for the National Disaster Preparedness 

Training Center, University of Hawaii, Honolulu, Hawaii; 

and 

(B) $1,700,000 for the Center for Counterterrorism and 

Cyber Crime, Norwich University, Northfield, Vermont: 

Provided, That not to exceed 3 percent of the amounts provided 

under this heading may be transferred to the Federal Emergency 

Management Agency ‘‘Management and Administration’’ account 

for program administration, and an expenditure plan for program 

administration shall be provided to the Committees on Appropriations of the Senate and the House of Representatives within 60 

days of the date of enactment of this Act: Provided further, That 

for grants under paragraphs (1) through (5), the applications for 

grants shall be made available to eligible applicants not later than 

25 days after the date of enactment of this Act, that eligible 

applicants shall submit applications not later than 90 days after 

the grant announcement, and that the Administrator of the Federal 

Emergency Management Agency shall act within 90 days after 

receipt of an application: Provided further, That for grants under 

paragraphs (6) through (10) and (12), the applications for grants 

shall be made available to eligible applicants not later than 30 

days after the date of enactment of this Act, that eligible applicants 

shall submit applications within 45 days after the grant announcement, and that the Federal Emergency Management Agency shall 

act not later than 60 days after receipt of an application: Provided 

further, That for grants under paragraphs (1) and (2), the installation of communications towers is not considered construction of 

a building or other physical facility: Provided further, That grantees 

shall provide reports on their use of funds, as determined necessary 
H. R. 2638—100 

by the Secretary: Provided further, That (a) the Center for Domestic 

Preparedness may provide training to emergency response providers 

from the Federal Government, foreign governments, or private entities, if the Center for Domestic Preparedness is reimbursed for 

the cost of such training, and any reimbursement under this subsection shall be credited to the account from which the expenditure 

being reimbursed was made and shall be available, without fiscal 

year limitation, for the purposes for which amounts in the account 

may be expended, (b) the head of the Center for Domestic Preparedness shall ensure that any training provided under (a) does not 

interfere with the primary mission of the Center to train State 

and local emergency response providers: Provided further, That 

the Government Accountability Office shall report to the Committees on Appropriations of the Senate and the House of Representatives regarding the data, assumptions, and methodology that the 

Department of Homeland Security uses to assess risk and allocate 

grants under the Urban Area Security Initiative and State Homeland Security Grant Program not later than 45 days after the 

date of enactment of this Act: Provided further, That the report 

shall include an assessment of the reliability and validity of the 

data used, the basis for the assumptions used, how the methodology 

is applied to determine the risk scores for individual locations, 

an analysis of the usefulness of placing States and cities into 

tier groups, and the allocation of grants to eligible locations: Provided further, That the Department provide the Government 

Accountability Office with the actual data that the Department 

used for its risk assessment and grant allocation: Provided further, That the Department provide the Government Accountability Office 

with access to all data needed for its analysis and report, including 

specifics on all changes for the fiscal year 2009 process, including, 

but not limited to, all changes in data, assumptions, and weights 

used in methodology within 7 days after the date of enactment 

of this Act: Provided further, That any subsequent changes made 

regarding the risk methodology after the initial information is provided to the Government Accountability Office shall be provided 

within 7 days after the change is made. 

FIREFIGHTER ASSISTANCE GRANTS

For necessary expenses for programs authorized by the Federal 

Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.), 

$775,000,000, of which $565,000,000 shall be available to carry 

out section 33 of that Act (15 U.S.C. 2229) and $210,000,000 shall 

be available to carry out section 34 of that Act (15 U.S.C. 2229a), 

to remain available until September 30, 2010: Provided, That not 

to exceed 5 percent of the amount available under this heading 

shall be available for program administration, and an expenditure 

plan for program administration shall be provided to the Committees on Appropriations of the Senate and the House of Representatives within 60 days of the date of enactment of this Act. 

EMERGENCY MANAGEMENT PERFORMANCE GRANTS

For necessary expenses for emergency management performance grants, as authorized by the National Flood Insurance Act 

of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster 

Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 

the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 
H. R. 2638—101 

et seq.), and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), 

$315,000,000: Provided, That total administrative costs shall not 

exceed 3 percent of the total amount appropriated under this 

heading. 

RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

The aggregate charges assessed during fiscal year 2009, as 

authorized in title III of the Departments of Veterans Affairs and 

Housing and Urban Development, and Independent Agencies Appropriations Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 

percent of the amounts anticipated by the Department of Homeland 

Security necessary for its radiological emergency preparedness program for the next fiscal year: Provided, That the methodology 

for assessment and collection of fees shall be fair and equitable 

and shall reflect costs of providing such services, including administrative costs of collecting such fees: Provided further, That fees 

received under this heading shall be deposited in this account 

as offsetting collections and will become available for authorized 

purposes on October 1, 2009, and remain available until expended. 

UNITED STATES FIRE ADMINISTRATION

For necessary expenses of the United States Fire Administration and for other purposes, as authorized by the Federal Fire 

Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.) and 

the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.), 

$44,979,000. 

DISASTER RELIEF

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses in carrying out the Robert T. Stafford 

Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 

et seq.), $1,400,000,000, to remain available until expended: Provided, That the Federal Emergency Management Agency shall 

submit an expenditure plan to the Committees on Appropriations 

of the Senate and the House of Representatives detailing the use 

of the funds for disaster readiness and support within 60 days 

after the date of enactment of this Act: Provided further, That 

the Federal Emergency Management Agency shall provide a quarterly report detailing obligations against the expenditure plan and 

a justification for any changes in spending: Provided further, That 

of the total amount provided, $16,000,000 shall be transferred to 

the Department of Homeland Security Office of Inspector General 

for audits and investigations related to disasters, subject to section 

503 of this Act: Provided further, That up to $105,600,000 may 

be transferred to Federal Emergency Management Agency ‘‘Management and Administration’’ for management and administration 

functions: Provided further, That the amount provided in the previous proviso shall not be available for transfer to ‘‘Management 

and Administration’’ until the Federal Emergency Management 

Agency submits an implementation plan to the Committees on 

Appropriations of the Senate and the House of Representatives: 

Provided further, That the Federal Emergency Management Agency 

shall submit the monthly ‘‘Disaster Relief’’ report, as specified in 

Public Law 110–161, to the Committees on Appropriations of the 
H. R. 2638—102 

Senate and the House of Representatives, and include the amounts 

provided to each Federal agency for mission assignments: Provided 

further, That for any request for reimbursement from a Federal 

agency to the Department of Homeland Security to cover expenditures under the Robert T. Stafford Disaster Relief and Emergency 

Assistance Act (42 U.S.C. 5121 et seq.), or any mission assignment 

orders issued by the Department for such purposes, the Secretary 

of Homeland Security shall take appropriate steps to ensure that 

each agency is periodically reminded of Department policies on— 

(1) the detailed information required in supporting documentation for reimbursements; and 

(2) the necessity for timeliness of agency billings. 

DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

For activities under section 319 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5162), 

$295,000 is for the cost of direct loans: Provided, That gross obligations for the principal amount of direct loans shall not exceed 

$25,000,000: Provided further, That the cost of modifying such 

loans shall be as defined in section 502 of the Congressional Budget 

Act of 1974 (2 U.S.C. 661a). 

FLOOD MAP MODERNIZATION FUND

For necessary expenses under section 1360 of the National 

Flood Insurance Act of 1968 (42 U.S.C. 4101), $220,000,000, and 

such additional sums as may be provided by State and local governments or other political subdivisions for cost-shared mapping activities under section 1360(f)(2) of such Act (42 U.S.C. 4101(f)(2)), 

to remain available until expended: Provided, That total administrative costs shall not exceed 3 percent of the total amount appropriated under this heading. 

NATIONAL FLOOD INSURANCE FUND

For activities under the National Flood Insurance Act of 1968 

(42 U.S.C. 4001 et seq.), and the Flood Disaster Protection Act 

of 1973 (42 U.S.C. 4001 et seq.), $156,599,000, which shall be 

derived from offsetting collections assessed and collected under 

section 1308(d) of the National Flood Insurance Act of 1968 (42 

U.S.C. 4015(d)), which is available as follows: (1) not to exceed 

$49,418,000 for salaries and expenses associated with flood mitigation and flood insurance operations; and (2) no less than 

$107,181,000 for flood plain management and flood mapping, which 

shall remain available until September 30, 2010: Provided, That 

any additional fees collected pursuant to section 1308(d) of the 

National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)) shall 

be credited as an offsetting collection to this account, to be available 

for flood plain management and flood mapping: Provided further, 

That in fiscal year 2009, no funds shall be available from the 

National Flood Insurance Fund under section 1310 of that Act 

(42 U.S.C. 4017) in excess of: (1) $85,000,000 for operating expenses; 

(2) $869,905,000 for commissions and taxes of agents; (3) such 

sums as are necessary for interest on Treasury borrowings; and 

(4) $125,700,000, which shall remain available until expended for 

flood mitigation actions, of which $80,000,000 is for severe repetitive 

loss properties under section 1361A of the National Flood Insurance 
H. R. 2638—103 

Act of 1968 (42 U.S.C. 4102a), of which $10,000,000 is for repetitive 

insurance claims properties under section 1323 of the National 

Flood Insurance Act of 1968 (42 U.S.C. 4030), and of which 

$35,700,000 is for flood mitigation assistance under section 1366 

of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c) 

notwithstanding subparagraphs (B) and (C) of subsection (b)(3) 

and subsection (f) of section 1366 of the National Flood Insurance 

Act of 1968 (42 U.S.C. 4104c) and notwithstanding subsection (a)(7) 

of section 1310 of the National Flood Insurance Act of 1968 (42 

U.S.C. 4017): Provided further, That amounts collected under section 102 of the Flood Disaster Protection Act of 1973 and section 

1366(i) of the National Flood Insurance Act of 1968 shall be deposited in the National Flood Insurance Fund to supplement other 

amounts specified as available for section 1366 of the National 

Flood Insurance Act of 1968, notwithstanding 42 U.S.C. 4012a(f)(8), 

4104c(i), and 4104d(b)(2)-(3): Provided further, That total administrative costs shall not exceed 4 percent of the total appropriation. 

NATIONAL PREDISASTER MITIGATION FUND

For the predisaster mitigation grant program under section 

203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133), $90,000,000, to remain available until 

expended and as detailed in the statement accompanying this Act: 

Provided, That the total administrative costs associated with such 

grants shall not exceed 3 percent of the total amount made available 

under this heading. 

EMERGENCY FOOD AND SHELTER

To carry out the emergency food and shelter program pursuant 

to title III of the McKinney-Vento Homeless Assistance Act (42 

U.S.C. 11331 et seq.), $200,000,000, to remain available until 

expended: Provided, That total administrative costs shall not exceed 

3.5 percent of the total amount made available under this heading. 

CERRO GRANDE FIRE CLAIMS

(RESCISSION OF FUNDS) 

Of the funds made available under this heading for obligation in prior years, $9,000,000 are rescinded. 

TITLE IV 

RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES 

UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES

For necessary expenses for citizenship and immigration services, $101,740,000, of which $100,000,000 is for the E-Verify program to assist United States employers with maintaining a legal 

workforce: Provided, That notwithstanding any other provision of 

law, funds available to United States Citizenship and Immigration 

Services may be used to acquire, operate, equip, dispose of and 

replace up to five vehicles, of which two are for replacement only, 

for areas where the Administrator of General Services does not 

provide vehicles for lease: Provided further, That the Director of 
H. R. 2638—104 

United States Citizenship and Immigration Services may authorize 

employees who are assigned to those areas to use such vehicles 

between the employees’ residences and places of employment. 

FEDERAL LAW ENFORCEMENT TRAINING CENTER

SALARIES AND EXPENSES

For necessary expenses of the Federal Law Enforcement 

Training Center, including materials and support costs of Federal 

law enforcement basic training; the purchase of not to exceed 117 

vehicles for police-type use and hire of passenger motor vehicles; 

expenses for student athletic and related activities; the conduct 

of and participation in firearms matches and presentation of 

awards; public awareness and enhancement of community support 

of law enforcement training; room and board for student interns; 

a flat monthly reimbursement to employees authorized to use personal mobile phones for official duties; and services as authorized 

by section 3109 of title 5, United States Code; $246,530,000, of 

which up to $48,611,000 shall remain available until September 

30, 2010, for materials and support costs of Federal law enforcement 

basic training; of which $300,000 shall remain available until 

expended for Federal law enforcement agencies participating in 

training accreditation, to be distributed as determined by the Federal Law Enforcement Training Center for the needs of participating 

agencies; and of which not to exceed $12,000 shall be for official 

reception and representation expenses: Provided, That the Center 

is authorized to obligate funds in anticipation of reimbursements 

from agencies receiving training sponsored by the Center, except 

that total obligations at the end of the fiscal year shall not exceed 

total budgetary resources available at the end of the fiscal year: 

Provided further, That section 1202(a) of Public Law 107–206 (42 

U.S.C. 3771 note), as amended by Public Law 110–161 (121 Stat. 

2068), is further amended by striking ‘‘December 31, 2010’’ and 

inserting ‘‘December 31, 2011’’: Provided further, That the Federal 

Law Enforcement Training Accreditation Board, including representatives from the Federal law enforcement community and 

non-Federal accreditation experts involved in law enforcement 

training, shall lead the Federal law enforcement training accreditation process to continue the implementation of measuring and 

assessing the quality and effectiveness of Federal law enforcement 

training programs, facilities, and instructors: Provided further, That 

the Director of the Federal Law Enforcement Training Center shall 

schedule basic or advanced law enforcement training, or both, at 

all four training facilities under the control of the Federal Law 

Enforcement Training Center to ensure that such training facilities 

are operated at the highest capacity throughout the fiscal year. 

ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND RELATED

EXPENSES

For acquisition of necessary additional real property and facilities, construction, and ongoing maintenance, facility improvements, 

and related expenses of the Federal Law Enforcement Training 

Center, $86,456,000, to remain available until expended: Provided, 

That the Center is authorized to accept reimbursement to this 

appropriation from government agencies requesting the construction 

of special use facilities: Provided further, That $3,000,000 is for 
H. R. 2638—105 

construction of training and related facilities at Artesia, New 

Mexico. 

SCIENCE AND TECHNOLOGY

MANAGEMENT AND ADMINISTRATION

For salaries and expenses of the Office of the Under Secretary 

for Science and Technology and for management and administration 

of programs and activities, as authorized by title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.), $132,100,000: 

Provided, That not to exceed $10,000 shall be for official reception 

and representation expenses. 

RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS

For necessary expenses for science and technology research, 

including advanced research projects; development; test and evaluation; acquisition; and operations; as authorized by title III of the 

Homeland Security Act of 2002 (6 U.S.C. 181 et seq.); $800,487,000, 

to remain available until expended: Provided, That not less than 

$27,000,000 shall be available for the Southeast Region Research 

Initiative at the Oak Ridge National Laboratory: Provided further, 

That not less than $3,000,000 shall be available for Distributed 

Environment for Critical Infrastructure Decisionmaking Exercises: 

Provided further, That of the amount provided, $25,000,000 is for 

construction expenses of the Pacific Northwest National Laboratory: 

Provided further, That not less than $11,000,000 shall be available 

for the National Institute for Hometown Security: Provided further, That not less than $2,000,000 shall be available for the Naval 

Postgraduate School: Provided further, That not less than 

$2,000,000 shall be available to establish a homeland security 

research, development, and manufacturing pilot project: Provided 

further, That none of the funds made available under this heading 

shall be obligated for a follow-on program to the Analysis, Dissemination, Visualization, Insight, and Semantic Enhancement program: 

Provided further, That none of the funds available under this 

heading shall be obligated for construction of a National Bio and 

Agro-defense Facility located on the United States mainland until 

the Secretary of Homeland Security completes a risk assessment 

of whether foot-and-mouth disease work can be done safely on 

the United States mainland and this assessment is reviewed by 

the Government Accountability Office: Provided further, That the 

Government Accountability Office shall complete its review within 

6 months after the Department concludes the risk assessment. 

DOMESTIC NUCLEAR DETECTION OFFICE

MANAGEMENT AND ADMINISTRATION

For salaries and expenses of the Domestic Nuclear Detection 

Office as authorized by title XIX of the Homeland Security Act 

of 2002 (6 U.S.C. 591 et seq.) for management and administration 

of programs and activities, $37,500,000: Provided, That not to 

exceed $3,000 shall be for official reception and representation 

expenses. 
H. R. 2638—106 

RESEARCH, DEVELOPMENT, AND OPERATIONS

For necessary expenses for radiological and nuclear research, 

development, testing, evaluation, and operations, $323,200,000, to 

remain available until expended. 

SYSTEMS ACQUISITION

For expenses for the Domestic Nuclear Detection Office acquisition and deployment of radiological detection systems in accordance 

with the global nuclear detection architecture, $153,491,000, to 

remain available until September 30, 2011: Provided, That none 

of the funds appropriated under this heading shall be obligated 

for full-scale procurement of Advanced Spectroscopic Portal monitors until the Secretary of Homeland Security submits to the 

Committees on Appropriations of the Senate and the House of 

Representatives a report certifying that a significant increase in 

operational effectiveness will be achieved: Provided further, That 

the Secretary shall submit separate and distinct certifications prior 

to the procurement of Advanced Spectroscopic Portal monitors for 

primary and secondary deployment that address the unique requirements for operational effectiveness of each type of deployment: 

Provided further, That the Secretary shall consult with the National 

Academy of Sciences before making such certifications: Provided 

further, That none of the funds appropriated under this heading 

shall be used for high-risk concurrent development and production 

of mutually dependent software and hardware. 

TITLE V 

GENERAL PROVISIONS 

(INCLUDING RESCISSIONS OF FUNDS)

SEC. 501. No part of any appropriation contained in this Act 

shall remain available for obligation beyond the current fiscal year 

unless expressly so provided herein. 

SEC. 502. Subject to the requirements of section 503 of this 

Act, the unexpended balances of prior appropriations provided for 

activities in this Act may be transferred to appropriation accounts 

for such activities established pursuant to this Act, may be merged 

with funds in the applicable established accounts, and thereafter 

may be accounted for as one fund for the same time period as 

originally enacted. 

SEC. 503. (a) None of the funds provided by this Act, provided 

by previous appropriations Acts to the agencies in or transferred 

to the Department of Homeland Security that remain available 

for obligation or expenditure in fiscal year 2009, or provided from 

any accounts in the Treasury of the United States derived by 

the collection of fees available to the agencies funded by this Act, 

shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates a new program, project, 

or activity; (2) eliminates a program, project, office, or activity; 

(3) increases funds for any program, project, or activity for which 

funds have been denied or restricted by the Congress; (4) proposes 

to use funds directed for a specific activity by either of the Committees on Appropriations of the Senate or the House of Representatives for a different purpose; or (5) contracts out any function 
H. R. 2638—107 

or activity for which funding levels were requested for Federal 

full-time equivalents in the object classification tables contained 

in the fiscal year 2009 Budget Appendix for the Department of 

Homeland Security, as modified by the explanatory statement 

accompanying this Act, unless the Committees on Appropriations 

of the Senate and the House of Representatives are notified 15 

days in advance of such reprogramming of funds. 

(b) None of the funds provided by this Act, provided by previous 

appropriations Acts to the agencies in or transferred to the Department of Homeland Security that remain available for obligation 

or expenditure in fiscal year 2009, or provided from any accounts 

in the Treasury of the United States derived by the collection 

of fees or proceeds available to the agencies funded by this Act, 

shall be available for obligation or expenditure for programs, 

projects, or activities through a reprogramming of funds in excess 

of $5,000,000 or 10 percent, whichever is less, that: (1) augments 

existing programs, projects, or activities; (2) reduces by 10 percent 

funding for any existing program, project, or activity, or numbers 

of personnel by 10 percent as approved by the Congress; or (3) 

results from any general savings from a reduction in personnel 

that would result in a change in existing programs, projects, or 

activities as approved by the Congress, unless the Committees 

on Appropriations of the Senate and the House of Representatives 

are notified 15 days in advance of such reprogramming of funds. 

(c) Not to exceed 5 percent of any appropriation made available 

for the current fiscal year for the Department of Homeland Security 

by this Act or provided by previous appropriations Acts may be 

transferred between such appropriations, but no such appropriation, 

except as otherwise specifically provided, shall be increased by 

more than 10 percent by such transfers: Provided, That any transfer 

under this section shall be treated as a reprogramming of funds 

under subsection (b) and shall not be available for obligation unless 

the Committees on Appropriations of the Senate and the House 

of Representatives are notified 15 days in advance of such transfer. 

(d) Notwithstanding subsections (a), (b), and (c) of this section, 

no funds shall be reprogrammed within or transferred between 

appropriations after June 30, except in extraordinary circumstances 

that imminently threaten the safety of human life or the protection 

of property. 

(e) Within 90 days after the date of enactment of this Act, 

the Secretary of Homeland Security shall submit to the Committees 

on Appropriations of the Senate and the House of Representatives 

a report listing all dollar amounts specified in this Act and accompanying explanatory statement that are identified in the detailed 

funding table at the end of the explanatory statement accompanying 

this Act or any other amounts specified in this Act or accompanying 

explanatory statement: Provided, That such dollar amounts specified in this Act and accompanying explanatory statement shall 

be subject to the conditions and requirements of subsections (a), 

(b), and (c) of this section. 

SEC. 504. The Department of Homeland Security Working Capital Fund, established pursuant to section 403 of Public Law 103– 

356 (31 U.S.C. 501 note), shall continue operations as a permanent 

working capital fund for fiscal year 2009: Provided, That none 

of the funds appropriated or otherwise made available to the Department of Homeland Security may be used to make payments to 

the Working Capital Fund, except for the activities and amounts 
H. R. 2638—108 

allowed in the President’s fiscal year 2009 budget: Provided further, 

That funds provided to the Working Capital Fund shall be available 

for obligation until expended to carry out the purposes of the 

Working Capital Fund: Provided further, That all departmental 

components shall be charged only for direct usage of each Working 

Capital Fund service: Provided further, That funds provided to 

the Working Capital Fund shall be used only for purposes consistent 

with the contributing component: Provided further, That such fund 

shall be paid in advance or reimbursed at rates which will return 

the full cost of each service: Provided further, That the Working 

Capital Fund shall be subject to the requirements of section 503 

of this Act. 

SEC. 505. Except as otherwise specifically provided by law, 

not to exceed 50 percent of unobligated balances remaining available 

at the end of fiscal year 2009 from appropriations for salaries 

and expenses for fiscal year 2009 in this Act shall remain available 

through September 30, 2010, in the account and for the purposes 

for which the appropriations were provided: Provided, That prior 

to the obligation of such funds, a request shall be submitted to 

the Committees on Appropriations of the Senate and the House 

of Representatives for approval in accordance with section 503 

of this Act. 

SEC. 506. Funds made available by this Act for intelligence 

activities are deemed to be specifically authorized by the Congress 

for purposes of section 504 of the National Security Act of 1947 

(50 U.S.C. 414) during fiscal year 2009 until the enactment of 

an Act authorizing intelligence activities for fiscal year 2009. 

SEC. 507. None of the funds made available by this Act may 

be used to make a grant allocation, discretionary grant award, 

discretionary contract award, or to issue a letter of intent totaling 

in excess of $1,000,000, or to announce publicly the intention to 

make such an award, including a contract covered by the Federal 

Acquisition Regulation, unless the Secretary of Homeland Security 

notifies the Committees on Appropriations of the Senate and the 

House of Representatives at least 3 full business days in advance 

of making such an award or issuing such a letter: Provided, That 

if the Secretary of Homeland Security determines that compliance 

with this section would pose a substantial risk to human life, 

health, or safety, an award may be made without notification and 

the Committees on Appropriations of the Senate and the House 

of Representatives shall be notified not later than 5 full business 

days after such an award is made or letter issued: Provided further, 

That no notification shall involve funds that are not available 

for obligation: Provided further, That the notification shall include 

the amount of the award, the fiscal year in which the funds for 

the award were appropriated, and the account from which the 

funds are being drawn: Provided further, That the Federal Emergency Management Agency shall brief the Committees on Appropriations of the Senate and the House of Representatives 5 full 

business days in advance of announcing publicly the intention of 

making an award under the State Homeland Security Grant Program; Urban Area Security Initiative; and the Regional Catastrophic Preparedness Grant Program. 

SEC. 508. Notwithstanding any other provision of law, no agency 

shall purchase, construct, or lease any additional facilities, except 

within or contiguous to existing locations, to be used for the purpose 

of conducting Federal law enforcement training without the advance 
H. R. 2638—109 

approval of the Committees on Appropriations of the Senate and 

the House of Representatives, except that the Federal Law Enforcement Training Center is authorized to obtain the temporary use 

of additional facilities by lease, contract, or other agreement for 

training which cannot be accommodated in existing Center facilities. 

SEC. 509. None of the funds appropriated or otherwise made 

available by this Act may be used for expenses for any construction, 

repair, alteration, or acquisition project for which a prospectus 

otherwise required under chapter 33 of title 40, United States 

Code, has not been approved, except that necessary funds may 

be expended for each project for required expenses for the development of a proposed prospectus. 

SEC. 510. Sections 519, 520, 522, 528, 530, and 531 of the 

Department of Homeland Security Appropriations Act, 2008 (division E of Public Law 110–161; 121 Stat. 2072, 2073, 2074, 2082) 

shall apply with respect to funds made available in this Act in 

the same manner as such sections applied to funds made available 

in that Act. 

SEC. 511. None of the funds in this Act may be used in contravention of the applicable provisions of the Buy American Act 

(41 U.S.C. 10a et seq.). 

SEC. 512. (a) None of the funds provided by this or previous 

appropriations Acts may be obligated for deployment or implementation, on other than a test basis, of the Secure Flight program 

or any other follow-on or successor passenger prescreening program, 

until the Secretary of Homeland Security certifies, and the Government Accountability Office reports, to the Committees on Appropriations of the Senate and the House of Representatives, that all 

ten of the conditions contained in paragraphs (1) through (10) 

of section 522(a) of Public Law 108–334 (118 Stat. 1319) have 

been successfully met. 

(b) The report required by subsection (a) shall be submitted 

within 90 days after the Secretary provides the requisite certification, and periodically thereafter, if necessary, until the Government Accountability Office confirms that all ten conditions have 

been successfully met. 

(c) Within 90 days after the date of enactment of this Act, 

the Secretary of Homeland Security shall submit to the Committees 

on Appropriations of the Senate and the House of Representatives 

a detailed plan that describes: (1) the dates for achieving key 

milestones, including the date or timeframes that the Secretary 

will certify the program under subsection (a); and (2) the methodology to be followed to support the Secretary’s certification, as 

required under subsection (a). 

(d) During the testing phase permitted by subsection (a), no 

information gathered from passengers, foreign or domestic air carriers, or reservation systems may be used to screen aviation passengers, or delay or deny boarding to such passengers, except in 

instances where passenger names are matched to a Government 

watch list. 

(e) None of the funds provided in this or previous appropriations 

Acts may be utilized to develop or test algorithms assigning risk 

to passengers whose names are not on Government watch lists. 

(f) None of the funds provided in this or any other Act may 

be used for data or a database that is obtained from or remains 

under the control of a non-Federal entity: Provided, That this 
H. R. 2638—110 

restriction shall not apply to Passenger Name Record data obtained 

from air carriers. 

SEC. 513. None of the funds made available in this Act may 

be used to amend the oath of allegiance required by section 337 

of the Immigration and Nationality Act (8 U.S.C. 1448). 

SEC. 514. None of the funds appropriated by this Act may 

be used to process or approve a competition under Office of Management and Budget Circular A–76 for services provided as of June 

1, 2004, by employees (including employees serving on a temporary 

or term basis) of United States Citizenship and Immigration Services of the Department of Homeland Security who are known as 

of that date as Immigration Information Officers, Contact Representatives, or Investigative Assistants. 

SEC. 515. (a) The Secretary of Homeland Security shall 

research, develop, and procure new technologies to inspect and 

screen air cargo carried on passenger aircraft by the earliest date 

possible. 

(b) Existing checked baggage explosive detection equipment 

and screeners shall be utilized to screen air cargo carried on passenger aircraft to the greatest extent practicable at each airport 

until technologies developed under subsection (a) are available. 

(c) The Assistant Secretary of Homeland Security (Transportation Security Administration) shall work with air carriers and 

airports to ensure that the screening of cargo carried on passenger 

aircraft, as defined in section 44901(g)(5) of title 49, United States 

Code, increases incrementally each quarter. 

(d) Not later than 45 days after the end of each quarter, 

the Assistant Secretary shall submit to the Committees on Appropriations of the Senate and the House of Representatives a report 

on air cargo inspection statistics by airport and air carrier detailing 

the incremental progress being made to meet the requirements 

of section 44901(g)(2) of title 49, United States Code. 

SEC. 516. Except as provided in section 44945 of title 49, 

United States Code, funds appropriated or transferred to Transportation Security Administration ‘‘Aviation Security’’, ‘‘Administration’’ and ‘‘Transportation Security Support’’ for fiscal years 2004, 

2005, 2006, and 2007 that are recovered or deobligated shall be 

available only for the procurement or installation of explosives 

detection systems, for air cargo, baggage, and checkpoint screening 

systems, subject to notification: Provided, That quarterly reports 

shall be submitted to the Committees on Appropriations of the 

Senate and the House of Representatives on any funds that are 

recovered or deobligated. 

SEC. 517. Any funds appropriated to United States Coast 

Guard, ‘‘Acquisition, Construction, and Improvements’’ for fiscal 

years 2002, 2003, 2004, 2005, and 2006 for the 110–123 foot patrol 

boat conversion that are recovered, collected, or otherwise received 

as the result of negotiation, mediation, or litigation, shall be available until expended for the Replacement Patrol Boat (FRC-B) program. 

SEC. 518. (a)(1) Except as provided in paragraph (2), none 

of the funds provided in this or any other Act shall be available 

to commence or continue operations of the National Applications 

Office until— 

(A) the Secretary certifies in fiscal year 2009 that: (i) 

National Applications Office programs comply with all existing 
H. R. 2638—111 

laws, including all applicable privacy and civil liberties standards; and, (ii) that clear definitions of all proposed domains 

are established and are auditable; 

(B) the Comptroller General of the United States notifies 

the Committees on Appropriations of the Senate and the House 

of Representatives and the Secretary that the Comptroller has 

reviewed such certification; and 

(C) the Secretary notifies the Committees of all funds to 

be expended on the National Applications Office pursuant to 

section 503 of this Act. 

(2) Paragraph (1) shall not apply with respect to any use 

of funds for activities substantially similar to such activities conducted by the Department of the Interior as set forth in the 1975 

charter for the Civil Applications Committee under the provisions 

of law codified at section 31 of title 43, United States Code. 

(b) The Inspector General shall provide to the Committees 

on Appropriations of the Senate and the House of Representatives, 

starting six months after the date of enactment of this Act, and 

quarterly thereafter, a classified report containing a review of the 

data collected by the National Applications Office, including a 

description of the collection purposes and the legal authority under 

which the collection activities were authorized: Provided, That the 

report shall also include a listing of all data collection activities 

carried out on behalf of the National Applications Office by any 

component of the National Guard. 

(c) None of the funds provided in this or any other Act shall 

be available to commence operations of the National Immigration 

Information Sharing Operation until the Secretary certifies that 

such program complies with all existing laws, including all 

applicable privacy and civil liberties standards, the Comptroller 

General of the United States notifies the Committees on Appropriations of the Senate and the House of Representatives and the 

Secretary that the Comptroller has reviewed such certification, 

and the Secretary notifies the Committees on Appropriations of 

the Senate and the House of Representatives of all funds to be 

expended on the National Immigration Information Sharing Operation pursuant to section 503. 

SEC. 519. Within 45 days after the close of each month, the 

Chief Financial Officer of the Department of Homeland Security 

shall submit to the Committees on Appropriations of the Senate 

and the House of Representatives a monthly budget and staffing 

report that includes total obligations, on-board versus funded fulltime equivalent staffing levels, and the number of contract 

employees by office. 

SEC. 520. Section 532(a) of Public Law 109–295 (120 Stat. 

1384) is amended by striking ‘‘2008’’ and inserting ‘‘2009’’. 

SEC. 521. The functions of the Federal Law Enforcement 

Training Center instructor staff shall be classified as inherently 

governmental for the purpose of the Federal Activities Inventory 

Reform Act of 1998 (31 U.S.C. 501 note). 

SEC. 522. (a) None of the funds provided by this or any other 

Act may be obligated for the development, testing, deployment, 

or operation of any portion of a human resources management 

system authorized by 5 U.S.C. 9701(a), or by regulations prescribed 

pursuant to such section, for an employee as defined in 5 U.S.C. 

7103(a)(2). 
H. R. 2638—112 

(b) The Secretary of Homeland Security shall collaborate with 

employee representatives in the manner prescribed in 5 U.S.C. 

9701(e), in the planning, testing, and development of any portion 

of a human resources management system that is developed, tested, 

or deployed for persons excluded from the definition of employee 

as that term is defined in 5 U.S.C. 7103(a)(2). 

SEC. 523. In fiscal year 2009, none of the funds made available 

in this or any other Act may be used to enforce section 4025(1) 

of Public Law 108–458 unless the Assistant Secretary of Homeland 

Security (Transportation Security Administration) reverses the 

determination of July 19, 2007, that butane lighters are not a 

significant threat to civil aviation security. 

SEC. 524. Funds made available in this Act may be used to 

alter operations within the Civil Engineering Program of the Coast 

Guard nationwide, including civil engineering units, facilities design 

and construction centers, maintenance and logistics commands, and 

the Coast Guard Academy, except that none of the funds provided 

in this Act may be used to reduce operations within any Civil 

Engineering Unit unless specifically authorized by a statute enacted 

after the date of the enactment of this Act. 

SEC. 525. (a) Except as provided in subsection (b), none of 

the funds appropriated in this or any other Act to the Office of 

the Secretary and Executive Management, the Office of the Under 

Secretary for Management, or the Office of the Chief Financial 

Officer, may be obligated for a grant or contract funded under 

such headings by a means other than full and open competition. 

(b) Subsection (a) does not apply to obligation of funds for 

a contract awarded— 

(1) by a means that is required by a Federal statute, 

including obligation for a purchase made under a mandated 

preferential program, such as the AbilityOne Program, that 

is authorized under the Javits-Wagner-O’Day Act (41 U.S.C. 

46 et seq.); 

(2) under the Small Business Act (15 U.S.C. 631 et seq.); 

(3) in an amount less than the simplified acquisition 

threshold described under section 302A(a) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 

252a(a)); or 

(4) by another Federal agency using funds provided through 

an interagency agreement. 

(c)(1) Subject to paragraph (2), the Secretary of Homeland 

Security may waive the application of this section for the award 

of a contract in the interest of national security or if failure to 

do so would pose a substantial risk to human health or welfare. 

(2) Not later than 5 days after the date on which the Secretary 

of Homeland Security issues a waiver under this subsection, the 

Secretary shall submit notification of that waiver to the Committees 

on Appropriations of the Senate and the House of Representatives, 

including a description of the applicable contract and an explanation 

of why the waiver authority was used. The Secretary may not 

delegate the authority to grant such a waiver. 

(d) In addition to the requirements established by this section, 

the Inspector General for the Department of Homeland Security 

shall review departmental contracts awarded through other than 

full and open competition to assess departmental compliance with 

applicable laws and regulations: Provided, That the Inspector General shall review selected contracts awarded in the previous fiscal 
H. R. 2638—113 

year through other than full and open competition: Provided further, 

That in determining which contracts to review, the Inspector General shall consider the cost and complexity of the goods and services 

to be provided under the contract, the criticality of the contract 

to fulfilling Department missions, past performance problems on 

similar contracts or by the selected vendor, complaints received 

about the award process or contractor performance, and such other 

factors as the Inspector General deems relevant: Provided further, 

That the Inspector General shall report the results of the reviews 

to the Committees on Appropriations of the Senate and the House 

of Representatives. 

SEC. 526. None of the funds provided by this or previous appropriations Acts shall be used to fund any position designated as 

a Principal Federal Official for any Robert T. Stafford Disaster 

Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) 

declared disasters or emergencies. 

SEC. 527. None of the funds made available in this Act may 

be used by United States Citizenship and Immigration Services 

to grant an immigration benefit unless the results of background 

checks required by law to be completed prior to the granting of 

the benefit have been received by United States Citizenship and 

Immigration Services, and the results do not preclude the granting 

of the benefit. 

SEC. 528. None of the funds made available in this Act may 

be used to destroy or put out to pasture any horse or other equine 

belonging to the Federal Government that has become unfit for 

service, unless the trainer or handler is first given the option 

to take possession of the equine through an adoption program 

that has safeguards against slaughter and inhumane treatment. 

SEC. 529. None of the funds provided in this Act shall be 

available to carry out section 872 of Public Law 107–296. 

SEC. 530. None of the funds provided in this Act under the 

heading ‘‘Office of the Chief Information Officer’’ shall be used 

for data center development other than for the National Center 

for Critical Information Processing and Storage until the Chief 

Information Officer certifies that the National Center for Critical 

Information Processing and Storage is fully utilized as the Department’s primary data storage center at the highest capacity throughout the fiscal year. 

SEC. 531. None of the funds in this Act shall be used to 

reduce the United States Coast Guard’s Operations Systems Center 

mission or its government-employed or contract staff levels. 

SEC. 532. None of the funds appropriated by this Act may 

be used to conduct, or to implement the results of, a competition 

under Office of Management and Budget Circular A–76 for activities 

performed with respect to the Coast Guard National Vessel Documentation Center. 

SEC. 533. The Secretary of Homeland Security shall require 

that all contracts of the Department of Homeland Security that 

provide award fees link such fees to successful acquisition outcomes 

(which outcomes shall be specified in terms of cost, schedule, and 

performance). 

SEC. 534. None of the funds made available to the Office of 

the Secretary and Executive Management under this Act may be 

expended for any new hires by the Department of Homeland Security that are not verified through the basic pilot program under 
H. R. 2638—114 

section 401 of the Illegal Immigration Reform and Immigrant 

Responsibility Act of 1996 (8 U.S.C. 1324a note). 

SEC. 535. None of the funds made available in this Act for 

U.S. Customs and Border Protection may be used to prevent an 

individual not in the business of importing a prescription drug 

(within the meaning of section 801(g) of the Federal Food, Drug, 

and Cosmetic Act) from importing a prescription drug from Canada 

that complies with the Federal Food, Drug, and Cosmetic Act: 

Provided, That this section shall apply only to individuals transporting on their person a personal-use quantity of the prescription 

drug, not to exceed a 90-day supply: Provided further, That the 

prescription drug may not be— 

(1) a controlled substance, as defined in section 102 of 

the Controlled Substances Act (21 U.S.C. 802); or 

(2) a biological product, as defined in section 351 of the 

Public Health Service Act (42 U.S.C. 262). 

SEC. 536. None of the funds made available in this Act may 

be used by the Secretary of Homeland Security or any delegate 

of the Secretary to issue any rule or regulation which implements 

the Notice of Proposed Rulemaking related to Petitions for Aliens 

To Perform Temporary Nonagricultural Services or Labor (H–2B) 

set out beginning on 70 Fed. Reg. 3984 (January 27, 2005). 

SEC. 537. Section 831 of the Homeland Security Act of 2002 

(6 U.S.C. 391) is amended— 

(1) in subsection (a), by striking ‘‘Until September 30, 

2008,’’ and inserting ‘‘Until September 30, 2009 and subject 

to subsection (d),’’; 

(2) by redesignating subsection (d) as subsection (e); and 

(3) by inserting after subsection (c) the following: 

‘‘(d) ADDITIONAL REQUIREMENTS.— 

‘‘(1) IN GENERAL.—The authority of the Secretary under 

this section shall terminate September 30, 2009, unless before 

that date the Secretary— 

‘‘(A) issues policy guidance detailing the appropriate 

use of that authority; and 

‘‘(B) provides training to each employee that is authorized to exercise that authority. 

‘‘(2) REPORT.—The Secretary shall provide an annual report 

to the Committees on Appropriations of the Senate and the 

House of Representatives, the Committee on Homeland Security 

and Governmental Affairs of the Senate, and the Committee 

on Homeland Security of the House of Representatives detailing 

the projects for which the authority granted by subsection 

(a) was used, the rationale for its use, the funds spent using 

that authority, the outcome of each project for which that 

authority was used, and the results of any audits of such 

projects.’’. 

SEC. 538. None of the funds made available in this Act may 

be used for planning, testing, piloting, or developing a national 

identification card. 

SEC. 539. (a) Notwithstanding any other provision of this Act, 

except as provided in subsection (b), and 30 days after the date 

that the President determines whether to declare a major disaster 

because of an event and any appeal is completed, the Administrator 

shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Homeland Security 

of the House of Representatives, the Committee on Transportation 
H. R. 2638—115 

and Infrastructure of the House of Representatives, the Committees 

on Appropriations of the Senate and the House of Representatives, 

and publish on the website of the Federal Emergency Management 

Agency, a report regarding that decision, which shall summarize 

damage assessment information used to determine whether to 

declare a major disaster. 

(b) The Administrator may redact from a report under subsection (a) any data that the Administrator determines would compromise national security. 

(c) In this section— 

(1) the term ‘‘Administrator’’ means the Administrator of 

the Federal Emergency Management Agency; and 

(2) the term ‘‘major disaster’’ has the meaning given that 

term in section 102 of the Robert T. Stafford Disaster Relief 

and Emergency Assistance Act (42 U.S.C. 5122). 

SEC. 540. Notwithstanding any other provision of law, should 

the Secretary of Homeland Security determine that the National 

Bio and Agro-defense Facility be located at a site other than Plum 

Island, New York, the Secretary shall liquidate the Plum Island 

asset by directing the Administrator of General Services to sell 

through public sale all real and related personal property and 

transportation assets which support Plum Island operations, subject 

to such terms and conditions as necessary to protect government 

interests and meet program requirements: Provided, That the gross 

proceeds of such sale shall be deposited as offsetting collections 

into the Department of Homeland Security Science and Technology 

‘‘Research, Development, Acquisition, and Operations’’ account and, 

subject to appropriation, shall be available until expended, for site 

acquisition, construction, and costs related to the construction of 

the National Bio and Agro-defense Facility, including the costs 

associated with the sale, including due diligence requirements, necessary environmental remediation at Plum Island, and reimbursement of expenses incurred by the General Services Administration 

which shall not exceed 1 percent of the sale price: Provided further, 

That after the completion of construction and environmental remediation, the unexpended balances of funds appropriated for costs 

in the preceding proviso shall be available for transfer to the appropriate account for design and construction of a consolidated Department of Homeland Security Headquarters project, excluding daily 

operations and maintenance costs, notwithstanding section 503 of 

this Act, and the Committees on Appropriations of the Senate 

and the House of Representatives shall be notified 15 days prior 

to such transfer. 

SEC. 541. Any official that is required by this Act to report 

or certify to the Committees on Appropriations of the Senate and 

the House of Representatives may not delegate such authority 

to perform that act unless specifically authorized herein. 

SEC. 542. The Secretary of Homeland Security, in consultation 

with the Secretary of the Treasury, shall notify the Committees 

on Appropriations of the Senate and the House of Representatives 

of any proposed transfers of funds available under 31 U.S.C. 

9703.2(g)(4)(B) from the Department of the Treasury Forfeiture 

Fund to any agency within the Department of Homeland Security: 

Provided, That none of the funds identified for such a transfer 

may be obligated until the Committees on Appropriations of the 

Senate and the House of Representatives approve the proposed 

transfers. 
H. R. 2638—116 

SEC. 543. Section 520 of Public Law 108–90 (6 U.S.C. 469) 

is amended— 

(1) by inserting ‘‘(a) FEES.—’’ before ‘‘For fiscal year 2004 

and thereafter’’; and 

(2) by adding at the end the following: 

‘‘(b) RECURRENT TRAINING OF ALIENS IN OPERATION OF AIRCRAFT.— 

‘‘(1) PROCESS FOR REVIEWING THREAT ASSESSMENTS.—Notwithstanding section 44939(e) of title 49, United States Code, 

the Secretary shall establish a process to ensure that an alien 

(as defined in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)) applying for recurrent training 

in the operation of any aircraft is properly identified and has 

not, since the time of any prior threat assessment conducted 

pursuant to section 44939(a) of such title, become a risk to 

aviation or national security. 

‘‘(2) INTERRUPTION OF TRAINING.—If the Secretary determines, in carrying out the process established under paragraph 

(1), that an alien is a present risk to aviation or national 

security, the Secretary shall immediately notify the person 

providing the training of the determination and that person 

shall not provide the training or if such training has commenced 

that person shall immediately terminate the training. 

‘‘(3) FEES.—The Secretary may charge reasonable fees 

under subsection (a) for providing credentialing and background 

investigations for aliens in connection with the process for 

recurrent training established under paragraph (1). Such fees 

shall be promulgated by notice in the Federal Register.’’. 

SEC. 544. (a) Not later than six months from the date of 

enactment of this Act, the Secretary of Homeland Security shall 

consult with the Secretaries of Defense and Transportation and 

develop a concept of operations for unmanned aerial systems in 

the United States national airspace system for the purposes of 

border and maritime security operations. 

(b) The Secretary of Homeland Security shall report to the 

Committees on Appropriations of the Senate and the House of 

Representatives not later than 30 days after the date of enactment 

of this Act on any foreseeable challenges to complying with subsection (a). 

SEC. 545. If the Assistant Secretary of Homeland Security 

(Transportation Security Administration) determines that an airport does not need to participate in the basic pilot program, the 

Assistant Secretary shall certify to the Committees on Appropriations of the Senate and the House of Representatives that no 

security risks will result by such non-participation. 

SEC. 546. Notwithstanding any other provision of law, and 

not later than 30 days after the date of submission of a request 

for a single payment, the President shall provide a single payment 

for any eligible costs under section 406 of the Robert T. Stafford 

Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) 

for any police station, fire station, or criminal justice facility that 

was damaged by Hurricane Katrina of 2005 or Hurricane Rita 

of 2005: Provided, That the President shall not reduce the amount 

of assistance provided under section 406(c)(1) of the Robert T. 

Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 

5172(c)(1)) for such facilities: Provided further, That nothing in 

the previous proviso may be construed to alter the appeal or review 
H. R. 2638—117 

process relating to assistance provided under section 406 of the 

Robert T. Stafford Disaster Relief and Emergency Assistance Act 

(42 U.S.C. 5172): Provided further, That the President shall not 

reduce the amount of assistance provided to a local government 

under section 406(d) of the Robert T. Stafford Disaster Relief and 

Emergency Assistance Act (42 U.S.C. 5172(d)) more than once for 

each such type of facility for which that local government is 

receiving assistance under section 406 of the Robert T. Stafford 

Disaster Relief and Emergency Assistance Act relating to Hurricane 

Katrina of 2005 or Hurricane Rita of 2005. 

SEC. 547. For grants to States pursuant to section 204(a) of 

the REAL ID Act of 2005 (division B of Public Law 109–13), 

$50,000,000, to remain available until expended. In addition, for 

developing an information sharing and verification capability with 

States to support implementation of the REAL ID Act, $50,000,000, 

to remain available until expended: Provided, That none of the 

funds provided in this section for development of the information 

sharing and verification system shall be available to create any 

new system of records from the data accessible by such information 

technology system, or to create any means of access by Federal 

agencies to such information technology system other than to fulfill 

responsibilities pursuant to the REAL ID Act of 2005. 

SEC. 548. Notwithstanding any other provision of law, the 

Federal Emergency Management Agency shall reimburse Jones 

County and Harrison County in the State of Mississippi under 

section 407 of the Robert T. Stafford Disaster Relief and Emergency 

Assistance Act (42 U.S.C. 5173) for unreimbursed costs relating 

to the removal of debris that were incurred by such counties as 

a result of Hurricane Katrina in 2005. 

SEC. 549. From the unobligated balances of prior year appropriations made available for Transportation Security Administration, $31,000,000 are rescinded: Provided, That the Transportation 

Security Administration shall not rescind any unobligated balances 

from the following programs: screener partnership program; explosives detection systems; checkpoint support; aviation regulation 

and other enforcement; air cargo; and air cargo research and 

development. 

SEC. 550. From the unobligated balances of prior year appropriations made available for ‘‘Analysis and Operations’’, $21,373,000 

are rescinded. 

SEC. 551. From unobligated balances of prior year appropriations made available for Coast Guard ‘‘Acquisition, Construction, 

and Improvements’’, $20,000,000 are rescinded: Provided, That no 

funds shall be rescinded from prior year appropriations provided 

for the National Security Cutter or the Maritime Patrol Aircraft: 

Provided further, That the Coast Guard shall submit notification 

in accordance with section 503 of this Act listing projects for which 

funding will be rescinded. 

SEC. 552. For fiscal year 2008, funds made available for Federal 

Emergency Management Agency ‘‘National Predisaster Mitigation 

Fund’’ shall be provided as detailed in the explanatory statement 

accompanying Public Law 110–161. 

SEC. 553. Section 203(m) of the Robert T. Stafford Disaster 

Relief and Emergency Assistance Act (42 U.S.C. 5133(m)) is 

amended by striking ‘‘September 30, 2008’’ and inserting ‘‘September 30, 2009’’. 
H. R. 2638—118 

This division may be cited as the ‘‘Department of Homeland 

Security Appropriations Act, 2009’’. 

DIVISION E—MILITARY CONSTRUCTION AND VETERANS 

AFFAIRS AND RELATED AGENCIES APPROPRIATIONS ACT, 

2009 

That the following sums are appropriated, out of any money in 

the Treasury not otherwise appropriated, for military construction, 

the Department of Veterans Affairs, and related agencies for the 

fiscal year ending September 30, 2009, and for other purposes, 

namely: 

TITLE I 

DEPARTMENT OF DEFENSE 

MILITARY CONSTRUCTION, ARMY

(INCLUDING RESCISSIONS OF FUNDS)

For acquisition, construction, installation, and equipment of 

temporary or permanent public works, military installations, facilities, and real property for the Army as currently authorized by 

law, including personnel in the Army Corps of Engineers and other 

personal services necessary for the purposes of this appropriation, 

and for construction and operation of facilities in support of the 

functions of the Commander in Chief, $4,692,648,000, to remain 

available until September 30, 2013: Provided, That of this amount, 

not to exceed $178,685,000 shall be available for study, planning, 

design, architect and engineer services, and host nation support, 

as authorized by law, unless the Secretary of Defense determines 

that additional obligations are necessary for such purposes and 

notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further, That the amount appropriated in this paragraph shall be 

for the projects and activities, and in the amounts, specified under 

the heading ‘‘Military Construction, Army’’, and under the headings 

‘‘Army’’ in the table entitled ‘‘Military Construction’’, in the explanatory statement described in section 4 (in the matter preceding 

division A of this consolidated Act): Provided further, That of the 

funds appropriated for ‘‘Military Construction, Army’’ under Public 

Law 110–5, $34,720,000 are hereby rescinded: Provided further, 

That of the funds appropriated for ‘‘Military Construction, Army’’ 

under Public Law 110–161, $16,600,000 are hereby rescinded. 

MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

For acquisition, construction, installation, and equipment of 

temporary or permanent public works, naval installations, facilities, 

and real property for the Navy and Marine Corps as currently 

authorized by law, including personnel in the Naval Facilities 

Engineering Command and other personal services necessary for 

the purposes of this appropriation, $3,333,369,000, to remain available until September 30, 2013: Provided, That of this amount, 

not to exceed $246,528,000 shall be available for study, planning, 

design, and architect and engineer services, as authorized by law, 
H. R. 2638—119 

unless the Secretary of Defense determines that additional obligations are necessary for such purposes and notifies the Committees 

on Appropriations of both Houses of Congress of the determination 

and the reasons therefor: Provided further, That the amount appropriated in this paragraph shall be for the projects and activities, 

and in the amounts, specified under the heading ‘‘Military Construction, Navy and Marine Corps’’, and under the headings ‘‘Navy’’ 

in the table entitled ‘‘Military Construction’’, in the explanatory 

statement described in section 4 (in the matter preceding division 

A of this consolidated Act). 

MILITARY CONSTRUCTION, AIR FORCE

(INCLUDING RESCISSION OF FUNDS)

For acquisition, construction, installation, and equipment of 

temporary or permanent public works, military installations, facilities, and real property for the Air Force as currently authorized 

by law, $1,117,746,000, to remain available until September 30, 

2013: Provided, That of this amount, not to exceed $93,436,000 

shall be available for study, planning, design, and architect and 

engineer services, as authorized by law, unless the Secretary of 

Defense determines that additional obligations are necessary for 

such purposes and notifies the Committees on Appropriations of 

both Houses of Congress of the determination and the reasons 

therefor: Provided further, That the amount appropriated in this 

paragraph shall be for the projects and activities, and in the 

amounts, specified under the heading ‘‘Military Construction, Air 

Force’’, and under the headings ‘‘Air Force’’ in the table entitled 

‘‘Military Construction’’, in the explanatory statement described 

in section 4 (in the matter preceding division A of this consolidated 

Act): Provided further, That of the funds appropriated for ‘‘Military 

Construction, Air Force’’ under Public Law 110–161, $20,821,000 

are hereby rescinded. 

MILITARY CONSTRUCTION, DEFENSE-WIDE

(INCLUDING TRANSFER AND RESCISSION OF FUNDS)

For acquisition, construction, installation, and equipment of 

temporary or permanent public works, installations, facilities, and 

real property for activities and agencies of the Department of 

Defense (other than the military departments), as currently authorized by law, $1,695,204,000, to remain available until September 

30, 2013: Provided, That such amounts of this appropriation as 

may be determined by the Secretary of Defense may be transferred 

to such appropriations of the Department of Defense available for 

military construction or family housing as the Secretary may designate, to be merged with and to be available for the same purposes, 

and for the same time period, as the appropriation or fund to 

which transferred: Provided further, That of the amount appropriated, not to exceed $186,060,000 shall be available for study, 

planning, design, and architect and engineer services, as authorized 

by law, unless the Secretary of Defense determines that additional 

obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further, That the amount 
H. R. 2638—120 

appropriated in this paragraph shall be for the projects and activities, and in the amounts, specified under the heading ‘‘Military 

Construction, Defense-Wide’’, and under the headings ‘‘DefenseWide’’ in the table entitled ‘‘Military Construction’’, in the explanatory statement described in section 4 (in the matter preceding 

division A of this consolidated Act): Provided further, That of the 

funds appropriated for ‘‘Military Construction, Defense-Wide’’ under 

Public Law 108–324, $3,589,000 are hereby rescinded: Provided 

further, That none of the funds appropriated under this heading 

may be obligated or expended for site activation or construction 

of a long-range missile defense system in a European country until 

the government of the country in which such missile defense system 

(including interceptors and associated radars) is proposed to be 

deployed has given final approval (including parliamentary ratification) to any missile defense agreements negotiated between such 

government and the United States Government concerning the proposed deployment of such components in such country. 

MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

(INCLUDING RESCISSION OF FUNDS)

For construction, acquisition, expansion, rehabilitation, and 

conversion of facilities for the training and administration of the 

Army National Guard, and contributions therefor, as authorized 

by chapter 1803 of title 10, United States Code, and Military 

Construction Authorization Acts, $736,317,000, to remain available 

until September 30, 2013: Provided, That the amount appropriated 

in this paragraph shall be for the projects and activities, and 

in the amounts, specified under the heading ‘‘Military Construction, 

Army National Guard’’, and under the headings ‘‘Army National 

Guard’’ in the table entitled ‘‘Military Construction’’, in the explanatory statement described in section 4 (in the matter preceding 

division A of this consolidated Act): Provided further, That of the 

funds appropriated for ‘‘Military Construction, Army National 

Guard’’ under Public Law 110–161, $1,400,000 are hereby rescinded. 

MILITARY CONSTRUCTION, AIR NATIONAL GUARD

For construction, acquisition, expansion, rehabilitation, and 

conversion of facilities for the training and administration of the 

Air National Guard, and contributions therefor, as authorized by 

chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $242,924,000, to remain available until 

September 30, 2013: Provided, That the amount appropriated in 

this paragraph shall be for the projects and activities, and in 

the amounts, specified under the heading ‘‘Military Construction, 

Air National Guard’’, and under the headings ‘‘Air National Guard’’ 

in the table entitled ‘‘Military Construction’’, in the explanatory 

statement described in section 4 (in the matter preceding division 

A of this consolidated Act). 

MILITARY CONSTRUCTION, ARMY RESERVE

For construction, acquisition, expansion, rehabilitation, and 

conversion of facilities for the training and administration of the 

Army Reserve as authorized by chapter 1803 of title 10, United 

States Code, and Military Construction Authorization Acts, 
H. R. 2638—121 

$282,607,000, to remain available until September 30, 2013: Provided, That the amount appropriated in this paragraph shall be 

for the projects and activities, and in the amounts, specified under 

the heading ‘‘Military Construction, Army Reserve’’, and under the 

headings ‘‘Army Reserve’’ in the table entitled ‘‘Military Construction’’, in the explanatory statement described in section 4 (in the 

matter preceding division A of this consolidated Act). 

MILITARY CONSTRUCTION, NAVY RESERVE

For construction, acquisition, expansion, rehabilitation, and 

conversion of facilities for the training and administration of the 

reserve components of the Navy and Marine Corps as authorized 

by chapter 1803 of title 10, United States Code, and Military 

Construction Authorization Acts, $57,045,000, to remain available 

until September 30, 2013: Provided, That the amount appropriated 

in this paragraph shall be for the projects and activities, and 

in the amounts, specified under the heading ‘‘Military Construction, 

Navy Reserve’’, and under the headings ‘‘Navy Reserve’’ in the 

table entitled ‘‘Military Construction’’, in the explanatory statement 

described in section 4 (in the matter preceding division A of this 

consolidated Act). 

MILITARY CONSTRUCTION, AIR FORCE RESERVE

For construction, acquisition, expansion, rehabilitation, and 

conversion of facilities for the training and administration of the 

Air Force Reserve as authorized by chapter 1803 of title 10, United 

States Code, and Military Construction Authorization Acts, 

$36,958,000, to remain available until September 30, 2013: Provided, That the amount appropriated in this paragraph shall be 

for the projects and activities, and in the amounts, specified under 

the heading ‘‘Military Construction, Air Force Reserve’’, and under 

the headings ‘‘Air Force Reserve’’ in the table entitled ‘‘Military 

Construction’’, in the explanatory statement described in section 

4 (in the matter preceding division A of this consolidated Act). 

NORTH ATLANTIC TREATY ORGANIZATION

SECURITY INVESTMENT PROGRAM

For the United States share of the cost of the North Atlantic 

Treaty Organization Security Investment Program for the acquisition and construction of military facilities and installations 

(including international military headquarters) and for related 

expenses for the collective defense of the North Atlantic Treaty 

Area as authorized by section 2806 of title 10, United States Code, 

and Military Construction Authorization Acts, $230,867,000, to 

remain available until expended. 

FAMILY HOUSING CONSTRUCTION, ARMY

For expenses of family housing for the Army for construction, 

including acquisition, replacement, addition, expansion, extension, 

and alteration, as authorized by law, $646,580,000, to remain available until September 30, 2013: Provided, That the amount appropriated in this paragraph shall be for the projects and activities, 

and in the amounts, specified under the heading ‘‘Family Housing 
H. R. 2638—122 

Construction, Army’’, and under the heading ‘‘Family Housing 

Construction, Army’’ in the table entitled ‘‘Military Construction’’, 

in the explanatory statement described in section 4 (in the matter 

preceding division A of this consolidated Act). 

FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY

For expenses of family housing for the Army for operation 

and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as 

authorized by law, $716,110,000. 

FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE CORPS

For expenses of family housing for the Navy and Marine Corps 

for construction, including acquisition, replacement, addition, 

expansion, extension, and alteration, as authorized by law, 

$380,123,000, to remain available until September 30, 2013: Provided, That the amount appropriated in this paragraph shall be 

for the projects and activities, and in the amounts, specified under 

the heading ‘‘Family Housing Construction, Navy and Marine 

Corps’’, and under the heading ‘‘Family Housing Construction, Navy 

and Marine Corps’’ in the table entitled ‘‘Military Construction’’, 

in the explanatory statement described in section 4 (in the matter 

preceding division A of this consolidated Act). 

FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY AND

MARINE CORPS

For expenses of family housing for the Navy and Marine Corps 

for operation and maintenance, including debt payment, leasing, 

minor construction, principal and interest charges, and insurance 

premiums, as authorized by law, $376,062,000. 

FAMILY HOUSING CONSTRUCTION, AIR FORCE

For expenses of family housing for the Air Force for construction, including acquisition, replacement, addition, expansion, extension, and alteration, as authorized by law, $395,879,000, to remain 

available until September 30, 2013: Provided, That the amount 

appropriated in this paragraph shall be for the projects and activities, and in the amounts, specified under the heading ‘‘Family 

Housing Construction, Air Force’’, and under the heading ‘‘Family 

Housing Construction, Air Force’’ in the table entitled ‘‘Military 

Construction’’, in the explanatory statement described in section 

4 (in the matter preceding division A of this consolidated Act). 

FAMILY HOUSING OPERATION AND MAINTENANCE, AIR FORCE

For expenses of family housing for the Air Force for operation 

and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as 

authorized by law, $594,465,000. 

FAMILY HOUSING OPERATION AND MAINTENANCE, DEFENSE-WIDE

For expenses of family housing for the activities and agencies 

of the Department of Defense (other than the military departments) 
H. R. 2638—123 

for operation and maintenance, leasing, and minor construction, 

as authorized by law, $49,231,000. 

DEPARTMENT OF DEFENSE FAMILY HOUSING IMPROVEMENT FUND

For the Department of Defense Family Housing Improvement 

Fund, $850,000, to remain available until expended, for family 

housing initiatives undertaken pursuant to section 2883 of title 

10, United States Code, providing alternative means of acquiring 

and improving military family housing and supporting facilities. 

HOMEOWNERS ASSISTANCE FUND

For the Homeowners Assistance Fund established by section 

1013 of the Demonstration Cities and Metropolitan Development 

Act of 1966, as amended (42 U.S.C. 3374), $4,500,000, to remain 

available until expended. 

CHEMICAL DEMILITARIZATION CONSTRUCTION, DEFENSE-WIDE

For expenses of construction, not otherwise provided for, necessary for the destruction of the United States stockpile of lethal 

chemical agents and munitions in accordance with section 1412 

of the Department of Defense Authorization Act, 1986 (50 U.S.C. 

1521), and for the destruction of other chemical warfare materials 

that are not in the chemical weapon stockpile, as currently authorized by law, $144,278,000, to remain available until September 

30, 2013, which shall be only for the Assembled Chemical Weapons 

Alternatives program: Provided, That the amount appropriated in 

this paragraph shall be for the projects and activities, and in 

the amounts, specified under the heading ‘‘Chemical Demilitarization Construction, Defense-Wide’’ in the table entitled ‘‘Military 

Construction’’ in the explanatory statement described in section 

4 (in the matter preceding division A of this consolidated Act). 

DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 1990 

For deposit into the Department of Defense Base Closure 

Account 1990, established by section 2906(a)(1) of the Defense Base 

Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), 

$458,377,000, to remain available until expended. 

DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005 

For deposit into the Department of Defense Base Closure 

Account 2005, established by section 2906A(a)(1) of the Defense 

Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), 

$8,765,613,000, to remain available until expended: Provided, That 

the Department of Defense shall notify the Committees on Appropriations of both Houses of Congress 14 days prior to obligating 

an amount for a construction project that exceeds or reduces the 

amount identified for that project in the most recently submitted 

budget request for this account by 20 percent or $2,000,000, whichever is less: Provided further, That the previous proviso shall not 

apply to projects costing less than $5,000,000, except for those 

projects not previously identified in any budget submission for 

this account and exceeding the minor construction threshold under 

10 U.S.C. 2805. 
H. R. 2638—124 

ADMINISTRATIVE PROVISIONS

SEC. 101. None of the funds made available in this title shall 

be expended for payments under a cost-plus-a-fixed-fee contract 

for construction, where cost estimates exceed $25,000, to be performed within the United States, except Alaska, without the specific 

approval in writing of the Secretary of Defense setting forth the 

reasons therefor. 

SEC. 102. Funds made available in this title for construction 

shall be available for hire of passenger motor vehicles. 

SEC. 103. Funds made available in this title for construction 

may be used for advances to the Federal Highway Administration, 

Department of Transportation, for the construction of access roads 

as authorized by section 210 of title 23, United States Code, when 

projects authorized therein are certified as important to the national 

defense by the Secretary of Defense. 

SEC. 104. None of the funds made available in this title may 

be used to begin construction of new bases in the United States 

for which specific appropriations have not been made. 

SEC. 105. None of the funds made available in this title shall 

be used for purchase of land or land easements in excess of 100 

percent of the value as determined by the Army Corps of Engineers 

or the Naval Facilities Engineering Command, except: (1) where 

there is a determination of value by a Federal court; (2) purchases 

negotiated by the Attorney General or the designee of the Attorney 

General; (3) where the estimated value is less than $25,000; or 

(4) as otherwise determined by the Secretary of Defense to be 

in the public interest. 

SEC. 106. None of the funds made available in this title shall 

be used to: (1) acquire land; (2) provide for site preparation; or 

(3) install utilities for any family housing, except housing for which 

funds have been made available in annual Acts making appropriations for military construction. 

SEC. 107. None of the funds made available in this title for 

minor construction may be used to transfer or relocate any activity 

from one base or installation to another, without prior notification 

to the Committees on Appropriations of both Houses of Congress. 

SEC. 108. None of the funds made available in this title may 

be used for the procurement of steel for any construction project 

or activity for which American steel producers, fabricators, and 

manufacturers have been denied the opportunity to compete for 

such steel procurement. 

SEC. 109. None of the funds available to the Department of 

Defense for military construction or family housing during the 

current fiscal year may be used to pay real property taxes in 

any foreign nation. 

SEC. 110. None of the funds made available in this title may 

be used to initiate a new installation overseas without prior notification to the Committees on Appropriations of both Houses of Congress. 

SEC. 111. None of the funds made available in this title may 

be obligated for architect and engineer contracts estimated by the 

Government to exceed $500,000 for projects to be accomplished 

in Japan, in any North Atlantic Treaty Organization member 

country, or in countries bordering the Arabian Sea, unless such 

contracts are awarded to United States firms or United States 

firms in joint venture with host nation firms. 
H. R. 2638—125 

SEC. 112. None of the funds made available in this title for 

military construction in the United States territories and possessions in the Pacific and on Kwajalein Atoll, or in countries bordering 

the Arabian Sea, may be used to award any contract estimated 

by the Government to exceed $1,000,000 to a foreign contractor: 

Provided, That this section shall not be applicable to contract 

awards for which the lowest responsive and responsible bid of 

a United States contractor exceeds the lowest responsive and 

responsible bid of a foreign contractor by greater than 20 percent: 

Provided further, That this section shall not apply to contract 

awards for military construction on Kwajalein Atoll for which the 

lowest responsive and responsible bid is submitted by a Marshallese 

contractor. 

SEC. 113. The Secretary of Defense is to inform the appropriate 

committees of both Houses of Congress, including the Committees 

on Appropriations, of the plans and scope of any proposed military 

exercise involving United States personnel 30 days prior to its 

occurring, if amounts expended for construction, either temporary 

or permanent, are anticipated to exceed $100,000. 

SEC. 114. Not more than 20 percent of the funds made available 

in this title which are limited for obligation during the current 

fiscal year shall be obligated during the last two months of the 

fiscal year. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 115. Funds appropriated to the Department of Defense 

for construction in prior years shall be available for construction 

authorized for each such military department by the authorizations 

enacted into law during the current session of Congress. 

SEC. 116. For military construction or family housing projects 

that are being completed with funds otherwise expired or lapsed 

for obligation, expired or lapsed funds may be used to pay the 

cost of associated supervision, inspection, overhead, engineering 

and design on those projects and on subsequent claims, if any. 

SEC. 117. Notwithstanding any other provision of law, any 

funds made available to a military department or defense agency 

for the construction of military projects may be obligated for a 

military construction project or contract, or for any portion of such 

a project or contract, at any time before the end of the fourth 

fiscal year after the fiscal year for which funds for such project 

were made available, if the funds obligated for such project: (1) 

are obligated from funds available for military construction projects; 

and (2) do not exceed the amount appropriated for such project, 

plus any amount by which the cost of such project is increased 

pursuant to law. 

SEC. 118. (a) The Secretary of Defense, in consultation with 

the Secretary of State, shall submit to the Committees on Appropriations of both Houses of Congress, by February 15 of each 

year, an annual report in unclassified and, if necessary, classified 

form, on actions taken by the Department of Defense and the 

Department of State during the previous fiscal year to encourage 

host countries to assume a greater share of the common defense 

burden of such countries and the United States. 

(b) The report under subsection (a) shall include a description 

of— 

(1) attempts to secure cash and in-kind contributions from 

host countries for military construction projects; 
H. R. 2638—126 

(2) attempts to achieve economic incentives offered by host 

countries to encourage private investment for the benefit of 

the United States Armed Forces; 

(3) attempts to recover funds due to be paid to the United 

States by host countries for assets deeded or otherwise imparted 

to host countries upon the cessation of United States operations 

at military installations; 

(4) the amount spent by host countries on defense, in 

dollars and in terms of the percent of gross domestic product 

(GDP) of the host country; and 

(5) for host countries that are members of the North 

Atlantic Treaty Organization (NATO), the amount contributed 

to NATO by host countries, in dollars and in terms of the 

percent of the total NATO budget. 

(c) In this section, the term ‘‘host country’’ means other member 

countries of NATO, Japan, South Korea, and United States allies 

bordering the Arabian Sea. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 119. In addition to any other transfer authority available 

to the Department of Defense, proceeds deposited to the Department 

of Defense Base Closure Account established by section 207(a)(1) 

of the Defense Authorization Amendments and Base Closure and 

Realignment Act (10 U.S.C. 2687 note) pursuant to section 

207(a)(2)(C) of such Act, may be transferred to the account established by section 2906(a)(1) of the Defense Base Closure and 

Realignment Act of 1990 (10 U.S.C. 2687 note), to be merged 

with, and to be available for the same purposes and the same 

time period as that account. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 120. Subject to 30 days prior notification, or 14 days 

for a notification provided in an electronic medium pursuant to 

sections 480 and 2883, of title 10, United States Code, to the 

Committees on Appropriations of both Houses of Congress, such 

additional amounts as may be determined by the Secretary of 

Defense may be transferred to: (1) the Department of Defense 

Family Housing Improvement Fund from amounts appropriated 

for construction in ‘‘Family Housing’’ accounts, to be merged with 

and to be available for the same purposes and for the same period 

of time as amounts appropriated directly to the Fund; or (2) the 

Department of Defense Military Unaccompanied Housing Improvement Fund from amounts appropriated for construction of military 

unaccompanied housing in ‘‘Military Construction’’ accounts, to be 

merged with and to be available for the same purposes and for 

the same period of time as amounts appropriated directly to the 

Fund: Provided, That appropriations made available to the Funds 

shall be available to cover the costs, as defined in section 502(5) 

of the Congressional Budget Act of 1974, of direct loans or loan 

guarantees issued by the Department of Defense pursuant to the 

provisions of subchapter IV of chapter 169 of title 10, United States 

Code, pertaining to alternative means of acquiring and improving 

military family housing, military unaccompanied housing, and supporting facilities. 

SEC. 121. (a) Not later than 60 days before issuing any solicitation for a contract with the private sector for military family housing 
H. R. 2638—127 

the Secretary of the military department concerned shall submit 

to the Committees on Appropriations of both Houses of Congress 

the notice described in subsection (b). 

(b)(1) A notice referred to in subsection (a) is a notice of any 

guarantee (including the making of mortgage or rental payments) 

proposed to be made by the Secretary to the private party under 

the contract involved in the event of— 

(A) the closure or realignment of the installation for which 

housing is provided under the contract; 

(B) a reduction in force of units stationed at such installation; or 

(C) the extended deployment overseas of units stationed 

at such installation. 

(2) Each notice under this subsection shall specify the nature 

of the guarantee involved and assess the extent and likelihood, 

if any, of the liability of the Federal Government with respect 

to the guarantee. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 122. In addition to any other transfer authority available 

to the Department of Defense, amounts may be transferred from 

the accounts established by sections 2906(a)(1) and 2906A(a)(1) 

of the Defense Base Closure and Realignment Act of 1990 (10 

U.S.C. 2687 note), to the fund established by section 1013(d) of 

the Demonstration Cities and Metropolitan Development Act of 

1966 (42 U.S.C. 3374) to pay for expenses associated with the 

Homeowners Assistance Program. Any amounts transferred shall 

be merged with and be available for the same purposes and for 

the same time period as the fund to which transferred. 

SEC. 123. Notwithstanding any other provision of law, funds 

made available in this title for operation and maintenance of family 

housing shall be the exclusive source of funds for repair and maintenance of all family housing units, including general or flag officer 

quarters: Provided, That not more than $35,000 per unit may 

be spent annually for the maintenance and repair of any general 

or flag officer quarters without 30 days prior notification to the 

Committees on Appropriations of both Houses of Congress, except 

that an after-the-fact notification shall be submitted if the limitation 

is exceeded solely due to costs associated with environmental 

remediation that could not be reasonably anticipated at the time 

of the budget submission: Provided further, That the Under Secretary of Defense (Comptroller) is to report annually to the Committees on Appropriations of both Houses of Congress all operation 

and maintenance expenditures for each individual general or flag 

officer quarters for the prior fiscal year. 

SEC. 124. Amounts contained in the Ford Island Improvement 

Account established by subsection (h) of section 2814 of title 10, 

United States Code, are appropriated and shall be available until 

expended for the purposes specified in subsection (i)(1) of such 

section or until transferred pursuant to subsection (i)(3) of such 

section. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 125. None of the funds made available in this title, or 

in any Act making appropriations for military construction which 

remain available for obligation, may be obligated or expended to 
H. R. 2638—128 

carry out a military construction, land acquisition, or family housing 

project at or for a military installation approved for closure, or 

at a military installation for the purposes of supporting a function 

that has been approved for realignment to another installation, 

in 2005 under the Defense Base Closure and Realignment Act 

of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 

2687 note), unless such a project at a military installation approved 

for realignment will support a continuing mission or function at 

that installation or a new mission or function that is planned 

for that installation, or unless the Secretary of Defense certifies 

that the cost to the United States of carrying out such project 

would be less than the cost to the United States of cancelling 

such project, or if the project is at an active component base that 

shall be established as an enclave or in the case of projects having 

multi-agency use, that another Government agency has indicated 

it will assume ownership of the completed project. The Secretary 

of Defense may not transfer funds made available as a result 

of this limitation from any military construction project, land 

acquisition, or family housing project to another account or use 

such funds for another purpose or project without the prior approval 

of the Committees on Appropriations of both Houses of Congress. 

This section shall not apply to military construction projects, land 

acquisition, or family housing projects for which the project is 

vital to the national security or the protection of health, safety, 

or environmental quality: Provided, That the Secretary of Defense 

shall notify the congressional defense committees within seven days 

of a decision to carry out such a military construction project. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 126. During the 5-year period after appropriations available in this Act to the Department of Defense for military construction and family housing operation and maintenance and construction have expired for obligation, upon a determination that such 

appropriations will not be necessary for the liquidation of obligations 

or for making authorized adjustments to such appropriations for 

obligations incurred during the period of availability of such appropriations, unobligated balances of such appropriations may be transferred into the appropriation ‘‘Foreign Currency Fluctuations, 

Construction, Defense’’, to be merged with and to be available 

for the same time period and for the same purposes as the appropriation to which transferred. 

SEC. 127. None of the funds appropriated or otherwise made 

available in this title may be used for any action that is related 

to or promotes the expansion of the boundaries or size of the 

Pinon Canyon Maneuver Site, Colorado. 

SEC. 128. Amounts appropriated or otherwise made available 

in an account funded under the headings in this title may be 

transferred among projects and activities within that account in 

accordance with the reprogramming guidelines for military 

construction and family housing construction contained in the 

explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), and in the guidance 

for military construction reprogrammings and notifications contained in Department of Defense Financial Management Regulation 

7000.14–R, Volume 3, Chapter 7, of December 1996, as in effect 

on the date of enactment of this Act. 
H. R. 2638—129 

(INCLUDING TRANSFER OF FUNDS)

SEC. 129. (a) Of the amount appropriated or otherwise made 

available by this Act for the Department of Defense under the 

heading ‘‘Military Construction, Air Force’’ and available for planning and design, the Secretary of the Air Force shall, in accordance 

with section 1535 of title 31, United States Code, transfer $500,000 

to the American Battle Monuments Commission to conduct an 

engineering study on the restoration of the Lafayette Escadrille 

Memorial in Marnes-La-Coquette, France. 

(b) The study conducted pursuant to subsection (a) shall 

include: 

(1) an estimate of costs to be incurred to restore the structure, features, landscaped grounds and caretaker’s quarters 

of the Lafayette Escadrille Memorial to standards similar to 

memorials and burial grounds administered by the American 

Battle Monuments Commission; and 

(2) an estimate of annual costs for the long-term preservation, maintenance, and operation of the memorial under those 

standards. 

(c) The amount transferred under subsection (a) shall remain 

available until expended. 

SEC. 130. Of the funds provided for ‘‘Family Housing Construction, Defense-Wide’’ under Public Law 110–5, $6,040,000 are hereby 

rescinded. 

SEC. 131. In addition to amounts otherwise appropriated or 

made available under the heading ‘‘Military Construction, Air 

National Guard’’, there is hereby appropriated an additional 

$28,000,000, to remain available until September 30, 2013, for 

the construction of Air National Guard fire stations: Provided, That 

notwithstanding any other provision of law, such funds may be 

obligated and expended to carry out planning and design and 

construction not otherwise authorized by law: Provided further, 

That within 30 days of enactment of this Act, and prior to obligation 

of funds, the Air National Guard shall submit to the Committees 

on Appropriations of both Houses of Congress an expenditure plan 

for funds provided under this section. 

SEC. 132. In addition to amounts otherwise appropriated or 

made available under the heading ‘‘Military Construction, Army 

National Guard’’, there is hereby appropriated an additional 

$147,000,000 to remain available until September 30, 2013, for 

the construction of facilities consistent with Army National Guard 

emerging requirements: Provided, That notwithstanding any other 

provision of law, such funds may be obligated and expended to 

carry out planning and design and construction not otherwise 

authorized by law: Provided further, That within 30 days of enactment of this Act, and prior to obligation of funds, the Director 

of the Army National Guard shall submit to the Committees on 

Appropriations of both Houses of Congress an expenditure plan 

for funds provided under this section. 
H. R. 2638—130 

TITLE II 

DEPARTMENT OF VETERANS AFFAIRS 

VETERANS BENEFITS ADMINISTRATION

COMPENSATION AND PENSIONS

(INCLUDING TRANSFER OF FUNDS)

For the payment of compensation benefits to or on behalf of 

veterans and a pilot program for disability examinations as authorized by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61 

of title 38, United States Code; pension benefits to or on behalf 

of veterans as authorized by chapters 15, 51, 53, 55, and 61 of 

title 38, United States Code; and burial benefits, the Reinstated 

Entitlement Program for Survivors, emergency and other officers’ 

retirement pay, adjusted-service credits and certificates, payment 

of premiums due on commercial life insurance policies guaranteed 

under the provisions of title IV of the Servicemembers Civil Relief 

Act (50 U.S.C. App. 541 et seq.) and for other benefits as authorized 

by sections 107, 1312, 1977, and 2106, and chapters 23, 51, 53, 

55, and 61 of title 38, United States Code, $43,111,681,000, to 

remain available until expended: Provided, That not to exceed 

$26,798,000 of the amount appropriated under this heading shall 

be reimbursed to ‘‘General operating expenses’’, ‘‘Medical support 

and compliance’’, and ‘‘Information technology systems’’ for necessary expenses in implementing the provisions of chapters 51, 

53, and 55 of title 38, United States Code, the funding source 

for which is specifically provided as the ‘‘Compensation and pensions’’ appropriation: Provided further, That such sums as may 

be earned on an actual qualifying patient basis, shall be reimbursed 

to ‘‘Medical care collections fund’’ to augment the funding of individual medical facilities for nursing home care provided to pensioners as authorized. 

READJUSTMENT BENEFITS

For the payment of readjustment and rehabilitation benefits 

to or on behalf of veterans as authorized by chapters 21, 30, 31, 

33, 34, 35, 36, 39, 51, 53, 55, and 61 of title 38, United States 

Code, $3,832,944,000, to remain available until expended: Provided, 

That expenses for rehabilitation program services and assistance 

which the Secretary is authorized to provide under subsection (a) 

of section 3104 of title 38, United States Code, other than under 

paragraphs (1), (2), (5), and (11) of that subsection, shall be charged 

to this account. 

VETERANS INSURANCE AND INDEMNITIES

For military and naval insurance, national service life insurance, servicemen’s indemnities, service-disabled veterans insurance, 

and veterans mortgage life insurance as authorized by title 38, 

United States Code, chapters 19 and 21, $42,300,000, to remain 

available until expended. 
H. R. 2638—131 

VETERANS HOUSING BENEFIT PROGRAM FUND

For the cost of direct and guaranteed loans, such sums as 

may be necessary to carry out the program, as authorized by subchapters I through III of chapter 37 of title 38, United States 

Code: Provided, That such costs, including the cost of modifying 

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

Budget Act of 1974: Provided further, That during fiscal year 2009, within the resources available, not to exceed $500,000 in gross 

obligations for direct loans are authorized for specially adapted 

housing loans. 

In addition, for administrative expenses to carry out the direct and guaranteed loan programs, $157,210,000. 

VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the cost of direct loans, $61,000, as authorized by chapter 

31 of title 38, United States Code: Provided, That such costs, 

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

in section 502 of the Congressional Budget Act of 1974: Provided 

further, That funds made available under this heading are available 

to subsidize gross obligations for the principal amount of direct 

loans not to exceed $3,180,000. 

In addition, for administrative expenses necessary to carry out the direct loan program, $320,000, which may be paid to the 

appropriation for ‘‘General operating expenses’’. 

NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT

For administrative expenses to carry out the direct loan program authorized by subchapter V of chapter 37 of title 38, United 

States Code, $646,000. 

GUARANTEED TRANSITIONAL HOUSING LOANS FOR HOMELESS

VETERANS PROGRAM ACCOUNT

For the administrative expenses to carry out the guaranteed 

transitional housing loan program authorized by subchapter VI 

of chapter 20 of title 38, United States Code, not to exceed $750,000 

of the amounts appropriated by this Act for ‘‘General operating 

expenses’’ and ‘‘Medical support and compliance’’ may be expended. 

VETERANS HEALTH ADMINISTRATION

MEDICAL SERVICES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for furnishing, as authorized by law, 

inpatient and outpatient care and treatment to beneficiaries of 

the Department of Veterans Affairs and veterans described in section 1705(a) of title 38, United States Code, including care and 

treatment in facilities not under the jurisdiction of the Department, 

and including medical supplies and equipment, food services, and 

salaries and expenses of health-care employees hired under title 

38, United States Code, and aid to State homes as authorized 

by section 1741 of title 38, United States Code; $30,969,903,000, 

plus reimbursements, of which not less than $3,800,000,000 shall 
H. R. 2638—132 

be expended for specialty mental health care and of which 

$250,000,000 shall be for establishment and implementation of 

a new rural health outreach and delivery initiative: Provided, That 

of the funds made available under this heading, not to exceed 

$1,600,000,000 shall be available until September 30, 2010: Provided further, That, notwithstanding any other provision of law, 

the Secretary of Veterans Affairs shall establish a priority for 

the provision of medical treatment for veterans who have serviceconnected disabilities, lower income, or have special needs: Provided 

further, That, notwithstanding any other provision of law, the Secretary of Veterans Affairs shall give priority funding for the provision of basic medical benefits to veterans in enrollment priority 

groups 1 through 6: Provided further, That, notwithstanding any 

other provision of law, the Secretary of Veterans Affairs may 

authorize the dispensing of prescription drugs from Veterans Health 

Administration facilities to enrolled veterans with privately written 

prescriptions based on requirements established by the Secretary: 

Provided further, That the implementation of the program described 

in the previous proviso shall incur no additional cost to the Department of Veterans Affairs: Provided further, That for the Department 

of Defense/Department of Veterans Affairs Health Care Sharing 

Incentive Fund, as authorized by section 8111(d) of title 38, United 

States Code, a minimum of $15,000,000, to remain available until 

expended, for any purpose authorized by section 8111 of title 38, 

United States Code. 

MEDICAL SUPPORT AND COMPLIANCE

For necessary expenses in the administration of the medical, 

hospital, nursing home, domiciliary, construction, supply, and 

research activities, as authorized by law; administrative expenses 

in support of capital policy activities; and administrative and legal 

expenses of the Department for collecting and recovering amounts 

owed the Department as authorized under chapter 17 of title 38, 

United States Code, and the Federal Medical Care Recovery Act 

(42 U.S.C. 2651 et seq.): $4,450,000,000, plus reimbursements, of 

which $250,000,000 shall be available until September 30, 2010. 

MEDICAL FACILITIES

For necessary expenses for the maintenance and operation of 

hospitals, nursing homes, and domiciliary facilities and other necessary facilities of the Veterans Health Administration; for administrative expenses in support of planning, design, project management, real property acquisition and disposition, construction, and 

renovation of any facility under the jurisdiction or for the use 

of the Department; for oversight, engineering, and architectural 

activities not charged to project costs; for repairing, altering, 

improving, or providing facilities in the several hospitals and homes 

under the jurisdiction of the Department, not otherwise provided 

for, either by contract or by the hire of temporary employees and 

purchase of materials; for leases of facilities; and for laundry services, $5,029,000,000, plus reimbursements, of which $350,000,000 

shall be available until September 30, 2010: Provided, That 

$300,000,000 for non-recurring maintenance provided under this 

heading shall be allocated in a manner not subject to the Veterans 

Equitable Resource Allocation. 
H. R. 2638—133 

MEDICAL AND PROSTHETIC RESEARCH

For necessary expenses in carrying out programs of medical 

and prosthetic research and development as authorized by chapter 

73 of title 38, United States Code, $510,000,000, plus reimbursements, to remain available until September 30, 2010. 

NATIONAL CEMETERY ADMINISTRATION

For necessary expenses of the National Cemetery Administration for operations and maintenance, not otherwise provided for, 

including uniforms or allowances therefor; cemeterial expenses as 

authorized by law; purchase of one passenger motor vehicle for 

use in cemeterial operations; hire of passenger motor vehicles; and 

repair, alteration or improvement of facilities under the jurisdiction 

of the National Cemetery Administration, $230,000,000, of which 

not to exceed $23,000,000 shall be available until September 30, 

2010. 

DEPARTMENTAL ADMINISTRATION

GENERAL OPERATING EXPENSES

For necessary operating expenses of the Department of Veterans Affairs, not otherwise provided for, including administrative 

expenses in support of Department-Wide capital planning, management and policy activities, uniforms, or allowances therefor; not 

to exceed $25,000 for official reception and representation expenses; 

hire of passenger motor vehicles; and reimbursement of the General 

Services Administration for security guard services, and the Department of Defense for the cost of overseas employee mail, 

$1,801,867,000: Provided, That expenses for services and assistance 

authorized under paragraphs (1), (2), (5), and (11) of section 3104(a) 

of title 38, United States Code, that the Secretary of Veterans 

Affairs determines are necessary to enable entitled veterans: (1) 

to the maximum extent feasible, to become employable and to 

obtain and maintain suitable employment; or (2) to achieve maximum independence in daily living, shall be charged to this account: 

Provided further, That the Veterans Benefits Administration shall 

be funded at not less than $1,466,095,000: Provided further, That 

of the funds made available under this heading, not to exceed 

$83,000,000 shall be available for obligation until September 30, 

2010: Provided further, That from the funds made available under 

this heading, the Veterans Benefits Administration may purchase 

(on a one-for-one replacement basis only) up to two passenger 

motor vehicles for use in operations of that Administration in 

Manila, Philippines. 

INFORMATION TECHNOLOGY SYSTEMS

For necessary expenses for information technology systems and 

telecommunications support, including developmental information 

systems and operational information systems; for pay and associated 

costs; and for the capital asset acquisition of information technology 

systems, including management and related contractual costs of 

said acquisitions, including contractual costs associated with operations authorized by section 3109 of title 5, United States Code, 
H. R. 2638—134 

$2,489,391,000, plus reimbursements, to be available until September 30, 2010: Provided, That of the funds made available under 

this heading, not less than $48,000,000 shall be for the Financial 

and Logistics Integrated Technology Enterprise program: Provided 

further, That none of these funds may be obligated until the Department of Veterans Affairs submits to the Committees on Appropriations of both Houses of Congress, and such Committees approve, 

a plan for expenditure that: (1) meets the capital planning and 

investment control review requirements established by the Office 

of Management and Budget; (2) complies with the Department 

of Veterans Affairs enterprise architecture; (3) conforms with an 

established enterprise life cycle methodology; and (4) complies with 

the acquisition rules, requirements, guidelines, and systems acquisition management practices of the Federal Government: Provided 

further, That within 30 days of enactment of this Act, the Secretary 

of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress a reprogramming base letter 

which provides, by project, the costs included in this appropriation. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General, to 

include information technology, in carrying out the provisions of 

the Inspector General Act of 1978 (5 U.S.C. App.), $87,818,000, 

of which $5,000,000 shall be available until September 30, 2010. 

CONSTRUCTION, MAJOR PROJECTS

For constructing, altering, extending, and improving any of 

the facilities, including parking projects, under the jurisdiction or 

for the use of the Department of Veterans Affairs, or for any 

of the purposes set forth in sections 316, 2404, 2406, 8102, 8103, 

8106, 8108, 8109, 8110, and 8122 of title 38, United States Code, 

including planning, architectural and engineering services, 

construction management services, maintenance or guarantee 

period services costs associated with equipment guarantees provided 

under the project, services of claims analysts, offsite utility and 

storm drainage system construction costs, and site acquisition, 

where the estimated cost of a project is more than the amount 

set forth in section 8104(a)(3)(A) of title 38, United States Code, 

or where funds for a project were made available in a previous 

major project appropriation, $923,382,000, to remain available until 

expended, of which $10,000,000 shall be to make reimbursements 

as provided in section 13 of the Contract Disputes Act of 1978 

(41 U.S.C. 612) for claims paid for contract disputes: Provided, 

That except for advance planning activities, including needs assessments which may or may not lead to capital investments, and 

other capital asset management related activities, including portfolio development and management activities, and investment 

strategy studies funded through the advance planning fund and 

the planning and design activities funded through the design fund, 

including needs assessments which may or may not lead to capital 

investments, and funds provided for the purchase of land for the 

National Cemetery Administration through the land acquisition 

line item, none of the funds appropriated under this heading shall 

be used for any project which has not been approved by the Congress 

in the budgetary process: Provided further, That funds provided 

in this appropriation for fiscal year 2009, for each approved project 
H. R. 2638—135 

shall be obligated: (1) by the awarding of a construction documents 

contract by September 30, 2009; and (2) by the awarding of a 

construction contract by September 30, 2010: Provided further, That 

the Secretary of Veterans Affairs shall promptly submit to the 

Committees on Appropriations of both Houses of Congress a written 

report on any approved major construction project for which obligations are not incurred within the time limitations established above: 

Provided further, That of the amount appropriated in this paragraph, $923,382,000 shall be for the projects and activities, and 

in the amounts, specified under this heading in the explanatory 

statement described in section 4 (in the matter preceding division 

A of this consolidated Act). 

CONSTRUCTION, MINOR PROJECTS

For constructing, altering, extending, and improving any of 

the facilities, including parking projects, under the jurisdiction or 

for the use of the Department of Veterans Affairs, including planning and assessments of needs which may lead to capital investments, architectural and engineering services, maintenance or guarantee period services costs associated with equipment guarantees 

provided under the project, services of claims analysts, offsite utility 

and storm drainage system construction costs, and site acquisition, 

or for any of the purposes set forth in sections 316, 2404, 2406, 

8102, 8103, 8106, 8108, 8109, 8110, 8122, and 8162 of title 38, 

United States Code, where the estimated cost of a project is equal 

to or less than the amount set forth in section 8104(a)(3)(A) of 

title 38, United States Code, $741,534,000, to remain available 

until expended, along with unobligated balances of previous 

‘‘Construction, minor projects’’ appropriations which are hereby 

made available for any project where the estimated cost is equal 

to or less than the amount set forth in such section: Provided, 

That funds in this account shall be available for: (1) repairs to 

any of the nonmedical facilities under the jurisdiction or for the 

use of the Department which are necessary because of loss or 

damage caused by any natural disaster or catastrophe; and (2) 

temporary measures necessary to prevent or to minimize further 

loss by such causes: Provided further: That $7,000,000 of the amount 

appropriated in this paragraph shall be for the installation of alternative fueling stations at 35 medical facility campuses. 

GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES

For grants to assist States to acquire or construct State nursing 

home and domiciliary facilities and to remodel, modify, or alter 

existing hospital, nursing home, and domiciliary facilities in State 

homes, for furnishing care to veterans as authorized by sections 

8131 through 8137 of title 38, United States Code, $175,000,000, 

to remain available until expended. 

GRANTS FOR CONSTRUCTION OF STATE VETERANS CEMETERIES

For grants to assist States in establishing, expanding, or 

improving State veterans cemeteries as authorized by section 2408 

of title 38, United States Code, $42,000,000, to remain available 

until expended. 
H. R. 2638—136 

ADMINISTRATIVE PROVISIONS

(INCLUDING TRANSFER OF FUNDS)

SEC. 201. Any appropriation for fiscal year 2009 for ‘‘Compensation and pensions’’, ‘‘Readjustment benefits’’, and ‘‘Veterans insurance and indemnities’’ may be transferred as necessary to any 

other of the mentioned appropriations: Provided, That before a 

transfer may take place, the Secretary of Veterans Affairs shall 

request from the Committees on Appropriations of both Houses 

of Congress the authority to make the transfer and such Committees 

issue an approval, or absent a response, a period of 30 days has 

elapsed. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 202. Amounts made available for the Department of Veterans Affairs for fiscal year 2009, in this Act or any other Act, 

under the ‘‘Medical services’’, ‘‘Medical support and compliance’’, 

and ‘‘Medical facilities’’ accounts may be transferred among the 

accounts to the extent necessary to implement the restructuring 

of the Veterans Health Administration accounts: Provided, That 

any transfers between the ‘‘Medical services’’ and ‘‘Medical support 

and compliance’’ accounts of 1 percent or less of the total amount 

appropriated to the account in this or any other Act may take 

place subject to notification from the Secretary of Veterans Affairs 

to the Committees on Appropriations of both Houses of Congress 

of the amount and purpose of the transfer: Provided further, That 

any transfers between the ‘‘Medical services’’ and ‘‘Medical support 

and compliance’’ accounts in excess of 1 percent, or exceeding the 

cumulative 1 percent for the fiscal year, may take place only after 

the Secretary requests from the Committees on Appropriations 

of both Houses of Congress the authority to make the transfer 

and an approval is issued: Provided further, That any transfers 

to or from the ‘‘Medical facilities’’ account may take place only 

after the Secretary requests from the Committees on Appropriations 

of both Houses of Congress the authority to make the transfer 

and an approval is issued. 

SEC. 203. Appropriations available in this title for salaries 

and expenses shall be available for services authorized by section 

3109 of title 5, United States Code, hire of passenger motor vehicles; 

lease of a facility or land or both; and uniforms or allowances 

therefore, as authorized by sections 5901 through 5902 of title 

5, United States Code. 

SEC. 204. No appropriations in this title (except the appropriations for ‘‘Construction, major projects’’, and ‘‘Construction, minor 

projects’’) shall be available for the purchase of any site for or 

toward the construction of any new hospital or home. 

SEC. 205. No appropriations in this title shall be available 

for hospitalization or examination of any persons (except beneficiaries entitled to such hospitalization or examination under the 

laws providing such benefits to veterans, and persons receiving 

such treatment under sections 7901 through 7904 of title 5, United 

States Code, or the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the cost of such hospitalization or examination is made 

to the ‘‘Medical services’’ account at such rates as may be fixed 

by the Secretary of Veterans Affairs. 
H. R. 2638—137 

SEC. 206. Appropriations available in this title for ‘‘Compensation and pensions’’, ‘‘Readjustment benefits’’, and ‘‘Veterans insurance and indemnities’’ shall be available for payment of prior year 

accrued obligations required to be recorded by law against the 

corresponding prior year accounts within the last quarter of fiscal 

year 2008. 

SEC. 207. Appropriations available in this title shall be available 

to pay prior year obligations of corresponding prior year appropriations accounts resulting from sections 3328(a), 3334, and 3712(a) 

of title 31, United States Code, except that if such obligations 

are from trust fund accounts they shall be payable only from ‘‘Compensation and pensions’’. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 208. Notwithstanding any other provision of law, during 

fiscal year 2009, the Secretary of Veterans Affairs shall, from the 

National Service Life Insurance Fund (38 U.S.C. 1920), the Veterans’ Special Life Insurance Fund (38 U.S.C. 1923), and the United 

States Government Life Insurance Fund (38 U.S.C. 1955), reimburse 

the ‘‘General operating expenses’’ and ‘‘Information technology systems’’ accounts for the cost of administration of the insurance 

programs financed through those accounts: Provided, That 

reimbursement shall be made only from the surplus earnings 

accumulated in such an insurance program during fiscal year 2009 

that are available for dividends in that program after claims have 

been paid and actuarially determined reserves have been set aside: 

Provided further, That if the cost of administration of such an 

insurance program exceeds the amount of surplus earnings accumulated in that program, reimbursement shall be made only to the 

extent of such surplus earnings: Provided further, That the Secretary shall determine the cost of administration for fiscal year 

2009 which is properly allocable to the provision of each such 

insurance program and to the provision of any total disability 

income insurance included in that insurance program. 

SEC. 209. Amounts deducted from enhanced-use lease proceeds 

to reimburse an account for expenses incurred by that account 

during a prior fiscal year for providing enhanced-use lease services, 

may be obligated during the fiscal year in which the proceeds 

are received. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 210. Funds available in this title or funds for salaries 

and other administrative expenses shall also be available to 

reimburse the Office of Resolution Management of the Department 

of Veterans Affairs and the Office of Employment Discrimination 

Complaint Adjudication under section 319 of title 38, United States 

Code, for all services provided at rates which will recover actual 

costs but not exceed $34,158,000 for the Office of Resolution 

Management and $3,278,000 for the Office of Employment and 

Discrimination Complaint Adjudication: Provided, That payments 

may be made in advance for services to be furnished based on 

estimated costs: Provided further, That amounts received shall be 

credited to the ‘‘General operating expenses’’ and ‘‘Information technology systems’’ accounts for use by the office that provided the 

service. 
H. R. 2638—138 

SEC. 211. No appropriations in this title shall be available 

to enter into any new lease of real property if the estimated annual 

rental is more than $1,000,000 unless the Secretary submits a 

report which the Committees on Appropriations of both Houses 

of Congress approve within 30 days following the date on which 

the report is received. 

SEC. 212. No funds of the Department of Veterans Affairs 

shall be available for hospital care, nursing home care, or medical 

services provided to any person under chapter 17 of title 38, United 

States Code, for a non-service-connected disability described in section 1729(a)(2) of such title, unless that person has disclosed to 

the Secretary of Veterans Affairs, in such form as the Secretary 

may require, current, accurate third-party reimbursement information for purposes of section 1729 of such title: Provided, That 

the Secretary may recover, in the same manner as any other debt 

due the United States, the reasonable charges for such care or 

services from any person who does not make such disclosure as 

required: Provided further, That any amounts so recovered for care 

or services provided in a prior fiscal year may be obligated by 

the Secretary during the fiscal year in which amounts are received. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 213. Notwithstanding any other provision of law, proceeds 

or revenues derived from enhanced-use leasing activities (including 

disposal) may be deposited into the ‘‘Construction, major projects’’ 

and ‘‘Construction, minor projects’’ accounts and be used for 

construction (including site acquisition and disposition), alterations, 

and improvements of any medical facility under the jurisdiction 

or for the use of the Department of Veterans Affairs. Such sums 

as realized are in addition to the amount provided for in ‘‘Construction, major projects’’ and ‘‘Construction, minor projects’’. 

SEC. 214. Amounts made available under ‘‘Medical services’’ 

are available— 

(1) for furnishing recreational facilities, supplies, and equipment; and 

(2) for funeral expenses, burial expenses, and other 

expenses incidental to funerals and burials for beneficiaries 

receiving care in the Department. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 215. Such sums as may be deposited to the Medical 

Care Collections Fund pursuant to section 1729A of title 38, United 

States Code, may be transferred to ‘‘Medical services’’, to remain 

available until expended for the purposes of that account. 

SEC. 216. Notwithstanding any other provision of law, the 

Secretary of Veterans Affairs shall allow veterans who are eligible 

under existing Department of Veterans Affairs medical care requirements and who reside in Alaska to obtain medical care services 

from medical facilities supported by the Indian Health Service 

or tribal organizations. The Secretary shall: (1) limit the application 

of this provision to rural Alaskan veterans in areas where an 

existing Department of Veterans Affairs facility or Veterans Affairscontracted service is unavailable; (2) require participating veterans 

and facilities to comply with all appropriate rules and regulations, 

as established by the Secretary; (3) require this provision to be 

consistent with Capital Asset Realignment for Enhanced Services 
H. R. 2638—139 

activities; and (4) result in no additional cost to the Department 

of Veterans Affairs or the Indian Health Service. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 217. Such sums as may be deposited to the Department 

of Veterans Affairs Capital Asset Fund pursuant to section 8118 

of title 38, United States Code, may be transferred to the ‘‘Construction, major projects’’ and ‘‘Construction, minor projects’’ accounts, 

to remain available until expended for the purposes of these 

accounts. 

SEC. 218. None of the funds available to the Department of 

Veterans Affairs, in this Act, or any other Act, may be used to 

replace the current system by which the Veterans Integrated Services Networks select and contract for diabetes monitoring supplies 

and equipment. 

SEC. 219. None of the funds made available in this title may 

be used to implement any policy prohibiting the Directors of the 

Veterans Integrated Services Networks from conducting outreach 

or marketing to enroll new veterans within their respective Networks. 

SEC. 220. The Secretary of Veterans Affairs shall submit to 

the Committees on Appropriations of both Houses of Congress a 

quarterly report on the financial status of the Veterans Health 

Administration. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 221. Amounts made available under the ‘‘Medical services’’, 

‘‘Medical support and compliance’’, ‘‘Medical facilities’’, ‘‘General 

operating expenses’’, and ‘‘National Cemetery Administration’’ 

accounts for fiscal year 2009, may be transferred to or from the 

‘‘Information technology systems’’ account: Provided, That before 

a transfer may take place, the Secretary of Veterans Affairs shall 

request from the Committees on Appropriations of both Houses 

of Congress the authority to make the transfer and an approval 

is issued. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 222. Amounts made available for the ‘‘Information technology systems’’ account may be transferred between projects: Provided, That no project may be increased or decreased by more 

than $1,000,000 of cost prior to submitting a request to the Committees on Appropriations of both Houses of Congress to make the 

transfer and an approval is issued, or absent a response, a period 

of 30 days has elapsed. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 223. Any balances in prior year accounts established for 

the payment of benefits under the Reinstated Entitlement Program 

for Survivors shall be transferred to and merged with amounts 

available under the ‘‘Compensation and pensions’’ account, and 

receipts that would otherwise be credited to the accounts established 

for the payment of benefits under the Reinstated Entitlement Program for Survivors program shall be credited to amounts available 

under the ‘‘Compensation and pensions’’ account. 
H. R. 2638—140 

SEC. 224. Section 1710(f)(2)(B) of title 38, United States Code, 

is amended by striking ‘‘September 30, 2008,’’ and inserting ‘‘September 30, 2009,’’. 

SEC. 225. Section 1729(a)(2)(E) of title 38, United States Code, 

is amended by striking ‘‘October 1, 2008,’’ and inserting ‘‘October 

1, 2009,’’. 

SEC. 226. The Department shall continue research into Gulf 

War illness at levels not less than those made available in fiscal 

year 2008, within available funds contained in this Act. 

SEC. 227. (a) Upon a determination by the Secretary of Veterans 

Affairs that such action is in the national interest, and will have 

a direct benefit for veterans through increased access to treatment, 

the Secretary of Veterans Affairs may transfer not more than 

$5,000,000 to the Secretary of Health and Human Services for 

the Graduate Psychology Education Program, which includes treatment of veterans, to support increased training of psychologists 

skilled in the treatment of post-traumatic stress disorder, traumatic 

brain injury, and related disorders. 

(b) The Secretary of Health and Human Services may only 

use funds transferred under this section for the purposes described 

in subsection (a). 

(c) The Secretary of Veterans Affairs shall notify Congress 

of any such transfer of funds under this section. 

SEC. 228. None of the funds appropriated or otherwise made 

available by this Act or any other Act for the Department of Veterans Affairs may be used in a manner that is inconsistent with— 

(1) section 842 of the Transportation, Treasury, Housing 

and Urban Development, the Judiciary, and Independent Agencies Appropriations Act, 2006 (Public Law 109–115; 119 Stat. 

2506); or 

(2) section 8110(a)(5) of title 38, United States Code. 

SEC. 229. The Secretary of Veterans Affairs may carry out 

a major medical facility lease in fiscal year 2009 in an amount 

not to exceed $12,000,000 to implement the recommendations outlined in the August 2007 Study of South Texas Veterans’ Inpatient 

and Specialty Outpatient Health Care Needs. 

SEC. 230. Of the amounts made available to the Department 

of Veterans Affairs for fiscal year 2009, in this Act or any other 

Act, under the ‘‘Medical Facilities’’ account for non-recurring 

maintenance, not more than 20 percent of the funds made available 

shall be obligated during the last 2 months of the fiscal year: 

Provided, That the Secretary may waive this requirement after 

providing written notice to the Committees on Appropriations of 

both Houses of Congress. 

SEC. 231. Section 2703 of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane 

Recovery, 2006 (120 Stat. 469) is amended— 

(1) by inserting ‘‘(a)’’ before ‘‘Notwithstanding’’; and 

(2) by adding at the end the following: 

‘‘(b) This land shall be owned by the City of Gulfport for 

no less than 50 years from the date of enactment of this Act.’’. 

SEC. 232. None of the funds made available in this Act may 

be used to carry out section 111(c)(5) of title 38, United States 

Code, during fiscal year 2009. 

SEC. 233. Notwithstanding any other provision of law, authority 

to carry out activities provided for under section 1703(d)(4) of title 

38, United States Code, shall continue in effect until January 
H. R. 2638—141 

31, 2009, unless prior to that date, authorization is enacted into 

law otherwise extending this authority. 

SEC. 234. Notwithstanding any other provision of law, authority 

to carry out activities provided for under section 5317(g) of title 

38, United States Code, shall continue in effect until January 

31, 2009, unless prior to that date, authorization is enacted into 

law otherwise extending this authority. 

TITLE III 

RELATED AGENCIES 

AMERICAN BATTLE MONUMENTS COMMISSION

SALARIES AND EXPENSES

For necessary expenses, not otherwise provided for, of the 

American Battle Monuments Commission, including the acquisition 

of land or interest in land in foreign countries; purchases and 

repair of uniforms for caretakers of national cemeteries and monuments outside of the United States and its territories and possessions; rent of office and garage space in foreign countries; purchase 

(one-for-one replacement basis only) and hire of passenger motor 

vehicles; not to exceed $7,500 for official reception and representation expenses; and insurance of official motor vehicles in foreign 

countries, when required by law of such countries, $59,470,000, 

to remain available until expended. 

FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

For necessary expenses, not otherwise provided for, of the 

American Battle Monuments Commission, such sums as may be 

necessary, to remain available until expended, for purposes authorized by section 2109 of title 36, United States Code. 

UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

SALARIES AND EXPENSES

For necessary expenses for the operation of the United States 

Court of Appeals for Veterans Claims as authorized by sections 

7251 through 7298 of title 38, United States Code, $30,975,000, 

of which $1,700,000 shall be available for the purpose of providing 

financial assistance as described, and in accordance with the process 

and reporting procedures set forth, under this heading in Public 

Law 102–229. 

DEPARTMENT OF DEFENSE—CIVIL

CEMETERIAL EXPENSES, ARMY

SALARIES AND EXPENSES

For necessary expenses, as authorized by law, for maintenance, 

operation, and improvement of Arlington National Cemetery and 

Soldiers’ and Airmen’s Home National Cemetery, including the 

purchase of two passenger motor vehicles for replacement only, 

and not to exceed $1,000 for official reception and representation 
H. R. 2638—142 

expenses, $36,730,000, to remain available until expended. In addition, such sums as may be necessary for parking maintenance, 

repairs and replacement, to be derived from the Lease of Department of Defense Real Property for Defense Agencies account. 

Funds appropriated under this Act may be provided to 

Arlington County, Virginia, for the relocation of the federally owned 

water main at Arlington National Cemetery making additional land 

available for ground burials. 

ARMED FORCES RETIREMENT HOME

TRUST FUND

For expenses necessary for the Armed Forces Retirement Home 

to operate and maintain the Armed Forces Retirement Home— 

Washington, District of Columbia, and the Armed Forces Retirement 

Home—Gulfport, Mississippi, to be paid from funds available in 

the Armed Forces Retirement Home Trust Fund, $63,010,000, of 

which $8,025,000 shall remain available until expended for 

construction and renovation of the physical plants at the Armed 

Forces Retirement Home—Washington, District of Columbia and 

the Armed Forces Retirement Home—Gulfport, Mississippi. 

TITLE IV 

GENERAL PROVISIONS 

SEC. 401. No part of any appropriation contained in this Act 

shall remain available for obligation beyond the current fiscal year 

unless expressly so provided herein. 

SEC. 402. Such sums as may be necessary for fiscal year 2009 

for pay raises for programs funded by this Act shall be absorbed 

within the levels appropriated in this Act. 

SEC. 403. None of the funds made available in this Act may 

be used for any program, project, or activity, when it is made 

known to the Federal entity or official to which the funds are 

made available that the program, project, or activity is not in 

compliance with any Federal law relating to risk assessment, the 

protection of private property rights, or unfunded mandates. 

SEC. 404. No part of any funds appropriated in this Act shall 

be used by an agency of the executive branch, other than for 

normal and recognized executive-legislative relationships, for publicity or propaganda purposes, and for the preparation, distribution, 

or use of any kit, pamphlet, booklet, publication, radio, television, 

or film presentation designed to support or defeat legislation 

pending before Congress, except in presentation to Congress itself. 

SEC. 405. All departments and agencies funded under this 

Act are encouraged, within the limits of the existing statutory 

authorities and funding, to expand their use of ‘‘E-Commerce’’ technologies and procedures in the conduct of their business practices 

and public service activities. 

SEC. 406. None of the funds made available in this Act may 

be transferred to any department, agency, or instrumentality of 

the United States Government except pursuant to a transfer made 

by, or transfer authority provided in, this or any other appropriations Act. 

SEC. 407. Unless stated otherwise, all reports and notifications 

required by this Act shall be submitted to the Subcommittee on 
H. R. 2638—143 

Military Construction, Veterans Affairs, and Related Agencies of 

the Committee on Appropriations of the House of Representatives 

and the Subcommittee on Military Construction, Veterans Affairs, 

and Related Agencies of the Committee on Appropriations of the 

Senate. 

SEC. 408. None of the funds made available in this Act may 

be used to modify the standards applicable to the determination 

of the entitlement of veterans to special monthly pensions under 

sections 1513(a) and 1521(e) of title 38, United States Code, as 

in effect pursuant to the opinion of the United States Court of 

Appeals for Veterans Claims in the case of Hartness v. Nicholson 

(No. 04–0888, July 21, 2006). 

SEC. 409. None of the funds made available in this Act may 

be used for a project or program named for an individual then 

serving as a Member, Delegate, or Resident Commissioner of the 

United States Congress. 

This division may be cited as the ‘‘Military Construction and 

Veterans Affairs and Related Agencies Appropriations Act, 2009’’. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.