PUBLIC LAW 111–8—MAR. 11, 2009 

OMNIBUS APPROPRIATIONS ACT, 2009 


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123 STAT. 524 PUBLIC LAW 111–8—MAR. 11, 2009 

Public Law 111–8 

111th Congress 

An Act 

Making omnibus appropriations for the fiscal year ending September 30, 2009, 

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 ‘‘Omnibus Appropriations Act, 

2009’’. 

SEC. 2. TABLE OF CONTENTS. 

The table of contents of this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. References. 

Sec. 4. Explanatory statement. 

Sec. 5. Statement of appropriations. 

DIVISION A—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG 

ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2009 

Title I—Agricultural Programs 

Title II—Conservation Programs 

Title III—Rural Development Programs 

Title IV—Domestic Food Programs 

Title V—Foreign Assistance and Related Programs 

Title VI—Related Agency and Food and Drug Administration 

Title VII—General Provisions 

DIVISION B—COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES 

APPROPRIATIONS ACT, 2009 

Title I—Department of Commerce 

Title II—Department of Justice 

Title III—Science 

Title IV—Related Agencies 

Title V—General Provisions 

DIVISION C—ENERGY AND WATER DEVELOPMENT AND RELATED 

AGENCIES APPROPRIATIONS ACT, 2009 

Title I—Department of Defense—Civil: Department of the Army 

Title II—Department of the Interior 

Title III—Department of Energy 

Title IV—Independent Agencies 

Title V—General Provisions 

DIVISION D—FINANCIAL SERVICES AND GENERAL GOVERNMENT 

APPROPRIATIONS ACT, 2009 

Title I—Department of the Treasury 

Title II—Executive Office of the President and Funds Appropriated to the President 

Title III—The Judiciary 

Title IV—District of Columbia 

Title V—Independent Agencies 

Omnibus 

Appropriations 

Act, 2009. 

Mar. 11, 2009 

[H.R. 1105] 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 525 

Title VI—General Provisions—This Act 

Title VII—General Provisions—Government-wide 

Title VIII—General Provisions—District of Columbia 

DIVISION E—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND 

RELATED AGENCIES APPROPRIATIONS ACT, 2009 

Title I—Department of the Interior 

Title II—Environmental Protection Agency 

Title III—Related Agencies 

Title IV—General Provisions 

DIVISION F—DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, 

AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2009 

Title I—Department of Labor 

Title II—Department of Health and Human Services 

Title III—Department of Education 

Title IV—Related Agencies 

Title V—General Provisions 

Title VI—Afghan Allies Protection Act of 2009 

DIVISION G—LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2009 

Title I—Legislative Branch Appropriations 

Title II—General Provisions 

DIVISION H—DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND 

RELATED PROGRAMS APPROPRIATIONS ACT, 2009 

Title I—Department of State and Related Agency 

Title II—United States Agency for International Development 

Title III—Bilateral Economic Assistance 

Title IV—International Security Assistance 

Title V—Multilateral Assistance 

Title VI—Export and Investment Assistance 

Title VII—General Provisions 

DIVISION I—TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, 

AND RELATED AGENCIES APPROPRIATIONS ACT, 2009 

Title I—Department of Transportation 

Title II—Department of Housing and Urban Development 

Title III—Related Agencies 

Title IV—General Provisions This Act 

DIVISION J—FURTHER PROVISIONS RELATING TO THE DEPARTMENT OF 

HOMELAND SECURITY AND OTHER MATTERS 

SEC. 3. REFERENCES. 

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

Act’’ 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 Act printed in the 

House of Representatives section of the Congressional Record on 

or about February 23, 2009 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. 

SEC. 5. STATEMENT OF APPROPRIATIONS. 

The following sums in this Act are appropriated, out of any 

money in the Treasury not otherwise appropriated, for the fiscal 

year ending September 30, 2009. 

1 USC 1 note. 


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123 STAT. 526 PUBLIC LAW 111–8—MAR. 11, 2009 

DIVISION A—AGRICULTURE, RURAL DEVELOPMENT, FOOD 

AND DRUG ADMINISTRATION, AND RELATED AGENCIES 

APPROPRIATIONS ACT, 2009 

TITLE I 

AGRICULTURAL PROGRAMS 

PRODUCTION, PROCESSING AND MARKETING

OFFICE OF THE SECRETARY

For necessary expenses of the Office of the Secretary of Agriculture, $5,174,000: Provided, That not to exceed $11,000 of this 

amount shall be available for official reception and representation 

expenses, not otherwise provided for, as determined by the Secretary. 

EXECUTIVE OPERATIONS

OFFICE OF THE CHIEF ECONOMIST

For necessary expenses of the Office of the Chief Economist, $10,651,000. 

NATIONAL APPEALS DIVISION

For necessary expenses of the National Appeals Division, 

$14,711,000. 

OFFICE OF BUDGET AND PROGRAM ANALYSIS

For necessary expenses of the Office of Budget and Program 

Analysis, $9,054,000. 

OFFICE OF HOMELAND SECURITY

For necessary expenses of the Office of Homeland Security, $974,000. 

OFFICE OF THE CHIEF INFORMATION OFFICER

For necessary expenses of the Office of the Chief Information 

Officer, $17,527,000. 

OFFICE OF THE CHIEF FINANCIAL OFFICER

For necessary expenses of the Office of the Chief Financial 

Officer, $5,954,000: Provided, That no funds made available by 

this appropriation may be obligated for FAIR Act or Circular A– 

76 activities until the Secretary has submitted to the Committees 

on Appropriations of both Houses of Congress and the Committee 

on Oversight and Government Reform of the House of Representatives a report on the Department’s contracting out policies, including 

agency budgets for contracting out. 

OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL RIGHTS

For necessary expenses of the Office of the Assistant Secretary 

for Civil Rights, $871,000. 

Reports. 

Agriculture, 

Rural 

Development, 

Food and Drug 

Administration, 

and Related 

Agencies 

Appropriations 

Act, 2009. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 527 

OFFICE OF CIVIL RIGHTS

For necessary expenses of the Office of Civil Rights, 

$21,551,000. 

OFFICE OF THE ASSISTANT SECRETARY FOR ADMINISTRATION

For necessary expenses of the Office of the Assistant Secretary 

for Administration, $687,000. 

AGRICULTURE BUILDINGS AND FACILITIES AND RENTAL PAYMENTS

(INCLUDING TRANSFERS OF FUNDS) 

For payment of space rental and related costs pursuant to 

Public Law 92–313, including authorities pursuant to the 1984 

delegation of authority from the Administrator of General Services 

to the Department of Agriculture under 40 U.S.C. 486, for programs 

and activities of the Department which are included in this Act, 

and for alterations and other actions needed for the Department 

and its agencies to consolidate unneeded space into configurations 

suitable for release to the Administrator of General Services, and 

for the operation, maintenance, improvement, and repair of Agriculture buildings and facilities, and for related costs, $244,244,000, 

to remain available until expended, of which $168,901,000 shall 

be available for payments to the General Services Administration 

for rent; of which $13,500,000 for payment to the Department 

of Homeland Security for building security activities; and of which 

$61,843,000 for buildings operations and maintenance expenses: 

Provided, That the Secretary is authorized to transfer funds from 

a Departmental agency to this account to recover the full cost 

of the space and security expenses of that agency that are funded 

by this account when the actual costs exceed the agency estimate 

which will be available for the activities and payments described 

herein. 

HAZARDOUS MATERIALS MANAGEMENT

(INCLUDING TRANSFERS OF FUNDS) 

For necessary expenses of the Department of Agriculture, to 

comply with the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.) and the 

Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.), 

$5,100,000, to remain available until expended: Provided, That 

appropriations and funds available herein to the Department for 

Hazardous Materials Management may be transferred to any 

agency of the Department for its use in meeting all requirements 

pursuant to the above Acts on Federal and non-Federal lands. 

DEPARTMENTAL ADMINISTRATION

(INCLUDING TRANSFERS OF FUNDS) 

For Departmental Administration, $27,011,000, to provide for 

necessary expenses for management support services to offices of 

the Department and for general administration, security, repairs 

and alterations, and other miscellaneous supplies and expenses 

not otherwise provided for and necessary for the practical and 


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123 STAT. 528 PUBLIC LAW 111–8—MAR. 11, 2009 

efficient work of the Department: Provided, That this appropriation 

shall be reimbursed from applicable appropriations in this Act 

for travel expenses incident to the holding of hearings as required 

by 5 U.S.C. 551–558. 

OFFICE OF THE ASSISTANT SECRETARY FOR CONGRESSIONAL

RELATIONS

(INCLUDING TRANSFERS OF FUNDS) 

For necessary expenses of the Office of the Assistant Secretary 

for Congressional Relations to carry out the programs funded by 

this Act, including programs involving intergovernmental affairs 

and liaison within the executive branch, $3,877,000: Provided, That 

these funds may be transferred to agencies of the Department 

of Agriculture funded by this Act to maintain personnel at the 

agency level: Provided further, That no funds made available by 

this appropriation may be obligated after 30 days from the date 

of enactment of this Act, unless the Secretary has notified the 

Committees on Appropriations of both Houses of Congress on the 

allocation of these funds by USDA agency: Provided further, That 

no other funds appropriated to the Department by this Act shall 

be available to the Department for support of activities of congressional relations. 

OFFICE OF COMMUNICATIONS

For necessary expenses of the Office of Communications, 

$9,514,000. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General, 

including employment pursuant to the Inspector General Act of 

1978, $85,766,000, including such sums as may be necessary for 

contracting and other arrangements with public agencies and private persons pursuant to section 6(a)(9) of the Inspector General 

Act of 1978, and including not to exceed $125,000 for certain confidential operational expenses, including the payment of informants, 

to be expended under the direction of the Inspector General pursuant to Public Law 95–452 and section 1337 of Public Law 97– 

98. 

OFFICE OF THE GENERAL COUNSEL

For necessary expenses of the Office of the General Counsel, $41,620,000. 

OFFICE OF THE UNDER SECRETARY FOR RESEARCH, EDUCATION AND

ECONOMICS

For necessary expenses of the Office of the Under Secretary 

for Research, Education and Economics, $609,000. 

ECONOMIC RESEARCH SERVICE

For necessary expenses of the Economic Research Service, 

$79,500,000. 

Time period. 

Notification. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 529 

NATIONAL AGRICULTURAL STATISTICS SERVICE

For necessary expenses of the National Agricultural Statistics 

Service, $151,565,000, of which up to $37,265,000 shall be available 

until expended for the Census of Agriculture. 

AGRICULTURAL RESEARCH SERVICE

SALARIES AND EXPENSES

For necessary expenses of the Agricultural Research Service 

and for acquisition of lands by donation, exchange, or purchase 

at a nominal cost not to exceed $100, and for land exchanges 

where the lands exchanged shall be of equal value or shall be 

equalized by a payment of money to the grantor which shall not 

exceed 25 percent of the total value of the land or interests transferred out of Federal ownership, $1,140,406,000, of which 

$112,571,000 shall be for the purposes, and in the amounts, specified in the table titled ‘‘Agricultural Research Service, Salaries 

and Expenses, Congressionally-designated Projects’’ in the explanatory statement described in section 4 (in the matter preceding 

division A of this consolidated Act): Provided, That appropriations 

hereunder shall be available for the operation and maintenance 

of aircraft and the purchase of not to exceed one for replacement 

only: Provided further, That appropriations hereunder shall be 

available pursuant to 7 U.S.C. 2250 for the construction, alteration, 

and repair of buildings and improvements, but unless otherwise 

provided, the cost of constructing any one building shall not exceed 

$375,000, except for headhouses or greenhouses which shall each 

be limited to $1,200,000, and except for 10 buildings to be constructed or improved at a cost not to exceed $750,000 each, and 

the cost of altering any one building during the fiscal year shall 

not exceed 10 percent of the current replacement value of the 

building or $375,000, whichever is greater: Provided further, That 

the limitations on alterations contained in this Act shall not apply 

to modernization or replacement of existing facilities at Beltsville, 

Maryland: Provided further, That appropriations hereunder shall 

be available for granting easements at the Beltsville Agricultural 

Research Center: Provided further, That the foregoing limitations 

shall not apply to replacement of buildings needed to carry out 

the Act of April 24, 1948 (21 U.S.C. 113a): Provided further, That 

funds may be received from any State, other political subdivision, 

organization, or individual for the purpose of establishing or operating any research facility or research project of the Agricultural 

Research Service, as authorized by law. 

BUILDINGS AND FACILITIES

For acquisition of land, construction, repair, improvement, 

extension, alteration, and purchase of fixed equipment or facilities 

as necessary to carry out the agricultural research programs of 

the Department of Agriculture, where not otherwise provided, 

$46,752,000, of which $46,752,000 shall be for the purposes, and 

in the amounts, specified in the table titled ‘‘Agricultural Research 

Service, Buildings and Facilities Congressionally-designated 

Projects’’ in the explanatory statement described in section 4 (in 

the matter preceding division A of this consolidated Act), to remain 

available until expended. 

Maryland. 

7 USC 2254. 


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123 STAT. 530 PUBLIC LAW 111–8—MAR. 11, 2009 

COOPERATIVE STATE RESEARCH, EDUCATION, AND EXTENSION

SERVICE

RESEARCH AND EDUCATION ACTIVITIES

For payments to agricultural experiment stations, for cooperative forestry and other research, for facilities, and for other 

expenses, $691,043,000, of which $113,275,000 shall be for the 

purposes, and in the amounts, specified in the table titled ‘‘Cooperative State Research, Education, and Extension Service, Research 

and Education Activities, Congressionally-designated Projects’’ in 

the explanatory statement described in section 4 (in the matter 

preceding division A of this consolidated Act), as follows: to carry 

out the provisions of the Hatch Act of 1887 (7 U.S.C. 361a–i), 

$207,106,000; for grants for cooperative forestry research (16 U.S.C. 

582a through a–7), $27,535,000; for payments to eligible institutions 

(7 U.S.C. 3222), $45,504,000, provided that each institution receives 

no less than $1,000,000; for special grants (7 U.S.C. 450i(c)), 

$84,499,000; for competitive grants on improved pest control (7 

U.S.C. 450i(c)), $15,945,000; for competitive grants (7 U.S.C. 

450(i)(b)), $201,504,000, to remain available until expended; for 

the support of animal health and disease programs (7 U.S.C. 3195), 

$2,950,000; for supplemental and alternative crops and products 

(7 U.S.C. 3319d), $819,000; for grants for research pursuant to 

the Critical Agricultural Materials Act (7 U.S.C. 178 et seq.), 

$1,083,000, to remain available until expended; for the 1994 

research grants program for 1994 institutions pursuant to section 

536 of Public Law 103–382 (7 U.S.C. 301 note), $1,610,000, to 

remain available until expended; for rangeland research grants 

(7 U.S.C. 3333), $983,000; for higher education graduate fellowship 

grants (7 U.S.C. 3152(b)(6)), $3,859,000, to remain available until 

expended (7 U.S.C. 2209b); for a program pursuant to section 1415A 

of the National Agricultural Research, Extension, and Teaching 

Policy Act of 1977 (7 U.S.C. 3151a), $2,950,000, to remain available 

until expended; for higher education challenge grants (7 U.S.C. 

3152(b)(1)), $5,654,000; for a higher education multicultural 

scholars program (7 U.S.C. 3152(b)(5)), $981,000, to remain available until expended (7 U.S.C. 2209b); for an education grants program for Hispanic-serving Institutions (7 U.S.C. 3241), $6,237,000; 

for competitive grants for the purpose of carrying out all provisions 

of 7 U.S.C. 3156 to individual eligible institutions or consortia 

of eligible institutions in Alaska and in Hawaii, with funds awarded 

equally to each of the States of Alaska and Hawaii, $3,196,000; 

for a secondary agriculture education program and 2-year postsecondary education (7 U.S.C. 3152(j)), $983,000; for aquaculture 

grants (7 U.S.C. 3322), $3,928,000; for sustainable agriculture 

research and education (7 U.S.C. 5811), $14,399,000; for a program 

of capacity building grants (7 U.S.C. 3152(b)(4)) to institutions 

eligible to receive funds under 7 U.S.C. 3221 and 3222, $15,000,000, 

to remain available until expended (7 U.S.C. 2209b); for payments 

to the 1994 Institutions pursuant to section 534(a)(1) of Public 

Law 103–382, $3,342,000; for resident instruction grants for insular 

areas under section 1491 of the National Agricultural Research, 

Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3363), 

$800,000; for a new era rural technology program pursuant to 

section 1473E of the National Agricultural Research, Extension, 

and Teaching Act of 1977 (7 U.S.C. 3319e), $750,000; and for 

necessary expenses of Research and Education Activities, 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 531 

$39,426,000, of which $2,704,000 for the Research, Education, and 

Economics Information System and $2,136,000 for the Electronic 

Grants Information System, are to remain available until expended. 

NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND

For the Native American Institutions Endowment Fund authorized by Public Law 103–382 (7 U.S.C. 301 note), $11,880,000, to 

remain available until expended. 

EXTENSION ACTIVITIES

For payments to States, the District of Columbia, Puerto Rico, 

Guam, the Virgin Islands, Micronesia, the Northern Marianas, and 

American Samoa, $474,250,000, of which $9,388,000 shall be for 

the purposes, and in the amounts, specified in the table titled 

‘‘Cooperative State Research, Education, and Extension Service, 

Extension Activities, Congressionally-designated Projects’’ in the 

explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), as follows: payments 

for cooperative extension work under the Smith-Lever Act, to be 

distributed under sections 3(b) and 3(c) of said Act, and under 

section 208(c) of Public Law 93–471, for retirement and employees’ 

compensation costs for extension agents, $288,548,000; payments 

for extension work at the 1994 Institutions under the Smith-Lever 

Act (7 U.S.C. 343(b)(3)), $3,321,000; payments for the nutrition 

and family education program for low-income areas under section 

3(d) of the Act, $66,155,000; payments for the pest management 

program under section 3(d) of the Act, $9,791,000; payments for 

the farm safety program under section 3(d) of the Act, $4,863,000; 

payments for New Technologies for Ag Extension under section 

3(d) of the Act, $1,500,000; payments to upgrade research, extension, and teaching facilities at institutions eligible to receive funds 

under 7 U.S.C. 3221 and 3222, $18,000,000, to remain available 

until expended; payments for youth-at-risk programs under section 

3(d) of the Smith-Lever Act, $8,182,000; for youth farm safety 

education and certification extension grants, to be awarded competitively under section 3(d) of the Act, $479,000; payments for carrying 

out the provisions of the Renewable Resources Extension Act of 

1978 (16 U.S.C. 1671 et seq.), $4,008,000; payments for the federally-recognized Tribes Extension Program under section 3(d) of 

the Smith-Lever Act, $3,000,000; payments for sustainable agriculture programs under section 3(d) of the Act, $4,568,000; payments for rural health and safety education as authorized by section 

502(i) of Public Law 92–419 (7 U.S.C. 2662(i)), $1,738,000; payments 

for cooperative extension work by eligible institutions (7 U.S.C. 

3221), $40,150,000, provided that each institution receives no less 

than $1,000,000; for grants to youth organizations pursuant to 

7 U.S.C. 7630, $1,767,000; payments to carry out the food animal 

residue avoidance database program as authorized by 7 U.S.C. 

7642, $806,000; and for necessary expenses of Extension Activities, 

$17,374,000. 

INTEGRATED ACTIVITIES

For the integrated research, education, and extension grants 

programs, including necessary administrative expenses, 

$56,864,000, as follows: for competitive grants programs authorized 


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123 STAT. 532 PUBLIC LAW 111–8—MAR. 11, 2009 

under section 406 of the Agricultural Research, Extension, and 

Education Reform Act of 1998 (7 U.S.C. 7626), $41,990,000, 

including $12,649,000 for the water quality program, $14,596,000 

for the food safety program, $4,096,000 for the regional pest 

management centers program, $4,388,000 for the Food Quality 

Protection Act risk mitigation program for major food crop systems, 

$1,365,000 for the crops affected by Food Quality Protection Act 

implementation, $3,054,000 for the methyl bromide transition program, and $1,842,000 for the organic transition program; for a 

competitive international science and education grants program 

authorized under section 1459A of the National Agricultural 

Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 

3292b), to remain available until expended, $3,000,000; for grants 

programs authorized under section 2(c)(1)(B) of Public Law 89– 

106, as amended, $732,000, to remain available until September 

30, 2010, for the critical issues program; $1,312,000 for the regional 

rural development centers program; and $9,830,000 for the Food 

and Agriculture Defense Initiative authorized under section 1484 

of the National Agricultural Research, Extension, and Teaching 

Act of 1977, to remain available until September 30, 2010. 

OFFICE OF THE UNDER SECRETARY FOR MARKETING AND

REGULATORY PROGRAMS

For necessary expenses of the Office of the Under Secretary 

for Marketing and Regulatory Programs, $737,000. 

ANIMAL AND PLANT HEALTH INSPECTION SERVICE

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS) 

For necessary expenses of the Animal and Plant Health Inspection Service, including up to $30,000 for representation allowances 

and for expenses pursuant to the Foreign Service Act of 1980 

(22 U.S.C. 4085), $876,675,000, of which $23,494,000 shall be for 

the purposes, and in the amounts, specified in the table titled 

‘‘Animal and Plant Health Inspection Service, Congressionally-designated Projects’’ in the explanatory statement described in section 

4 (in the matter preceding division A of this consolidated Act), 

of which $2,025,000 shall be available for the control of outbreaks 

of insects, plant diseases, animal diseases and for control of pest 

animals and birds to the extent necessary to meet emergency conditions; of which $29,590,000 shall be used for the cotton pests program for cost share purposes or for debt retirement for active 

eradication zones; of which $14,500,000 shall be for a National 

Animal Identification program, of which $3,500,000 is for information technology infrastructure and services, and $9,395,000 is for 

field implementation, and $1,605,000 is for program administration; 

of which $60,594,000 shall be used to prevent and control avian 

influenza and shall remain available until expended; of which 

$1,015,000 of the plum pox program shall remain available until 

September 30, 2010: Provided, That funds provided for the contingency fund to meet emergency conditions, information technology 

infrastructure, fruit fly program, emerging plant pests, cotton pests 

program, grasshopper and mormon cricket program, the National 

Veterinary Stockpile, up to $12,895,000 in animal health monitoring 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 533 

and surveillance for the animal identification system, up to 

$1,500,000 in the scrapie program for indemnities, up to $1,000,000 

for wildlife services methods development, up to $1,000,000 of the 

wildlife services operations program for aviation safety, and up 

to 25 percent of the screwworm program shall remain available 

until expended: Provided further, That no funds shall be used 

to formulate or administer a brucellosis eradication program for 

the current fiscal year that does not require minimum matching 

by the States of at least 40 percent: Provided further, That this 

appropriation shall be available for the operation and maintenance 

of aircraft and the purchase of not to exceed four, of which two 

shall be for replacement only: Provided further, That, in addition, 

in emergencies which threaten any segment of the agricultural 

production industry of this country, the Secretary may transfer 

from other appropriations or funds available to the agencies or 

corporations of the Department such sums as may be deemed necessary, to be available only in such emergencies for the arrest 

and eradication of contagious or infectious disease or pests of animals, poultry, or plants, and for expenses in accordance with sections 10411 and 10417 of the Animal Health Protection Act (7 

U.S.C. 8310 and 8316) and sections 431 and 442 of the Plant 

Protection Act (7 U.S.C. 7751 and 7772), and any unexpended 

balances of funds transferred for such emergency purposes in the 

preceding fiscal year shall be merged with such transferred 

amounts: Provided further, That appropriations hereunder shall 

be available pursuant to law (7 U.S.C. 2250) for the repair and 

alteration of leased buildings and improvements, but unless otherwise provided the cost of altering any one building during the 

fiscal year shall not exceed 10 percent of the current replacement 

value of the building. 

In fiscal year 2009, the agency is authorized to collect fees 

to cover the total costs of providing technical assistance, goods, 

or services requested by States, other political subdivisions, 

domestic and international organizations, foreign governments, or 

individuals, provided that such fees are structured such that any 

entity’s liability for such fees is reasonably based on the technical 

assistance, goods, or services provided to the entity by the agency, 

and such fees shall be credited to this account, to remain available 

until expended, without further appropriation, for providing such 

assistance, goods, or services. 

BUILDINGS AND FACILITIES

For plans, construction, repair, preventive maintenance, 

environmental support, improvement, extension, alteration, and 

purchase of fixed equipment or facilities, as authorized by 7 U.S.C. 

2250, and acquisition of land as authorized by 7 U.S.C. 428a, 

$4,712,000, to remain available until expended. 

AGRICULTURAL MARKETING SERVICE

MARKETING SERVICES

For necessary expenses of the Agricultural Marketing Service, 

$86,711,000: Provided, That this appropriation shall be available 

pursuant to law (7 U.S.C. 2250) for the alteration and repair of 

buildings and improvements, but the cost of altering any one 


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123 STAT. 534 PUBLIC LAW 111–8—MAR. 11, 2009 

building during the fiscal year shall not exceed 10 percent of the 

current replacement value of the building. 

Fees may be collected for the cost of standardization activities, 

as established by regulation pursuant to law (31 U.S.C. 9701). 

LIMITATION ON ADMINISTRATIVE EXPENSES

Not to exceed $62,888,000 (from fees collected) shall be obligated during the current fiscal year for administrative expenses: 

Provided, That if crop size is understated and/or other uncontrollable events occur, the agency may exceed this limitation by up 

to 10 percent with notification to the Committees on Appropriations 

of both Houses of Congress. 

FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY

(SECTION 32) 

(INCLUDING TRANSFERS OF FUNDS) 

Funds available under section 32 of the Act of August 24, 

1935 (7 U.S.C. 612c), shall be used only for commodity program 

expenses as authorized therein, and other related operating 

expenses, including not less than $10,000,000 for replacement of 

a system to support commodity purchases, except for: (1) transfers 

to the Department of Commerce as authorized by the Fish and 

Wildlife Act of August 8, 1956; (2) transfers otherwise provided 

in this Act; and (3) not more than $17,270,000 for formulation 

and administration of marketing agreements and orders pursuant 

to the Agricultural Marketing Agreement Act of 1937 and the 

Agricultural Act of 1961. 

PAYMENTS TO STATES AND POSSESSIONS

For payments to departments of agriculture, bureaus and 

departments of markets, and similar agencies for marketing activities under section 204(b) of the Agricultural Marketing Act of 1946 

(7 U.S.C. 1623(b)), $1,334,000. 

GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Grain Inspection, Packers and 

Stockyards Administration, $40,342,000: Provided, That this appropriation shall be available pursuant to law (7 U.S.C. 2250) for 

the alteration and repair of buildings and improvements, but the 

cost of altering any one building during the fiscal year shall not 

exceed 10 percent of the current replacement value of the building. 

LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES

Not to exceed $42,463,000 (from fees collected) shall be obligated during the current fiscal year for inspection and weighing 

services: Provided, That if grain export activities require additional 

supervision and oversight, or other uncontrollable factors occur, 

this limitation may be exceeded by up to 10 percent with notification 

to the Committees on Appropriations of both Houses of Congress. 

Notification. 

Notification. 


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OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY

For necessary expenses of the Office of the Under Secretary 

for Food Safety, $613,000. 

FOOD SAFETY AND INSPECTION SERVICE

For necessary expenses to carry out services authorized by 

the Federal Meat Inspection Act, the Poultry Products Inspection 

Act, and the Egg Products Inspection Act, including not to exceed 

$50,000 for representation allowances and for expenses pursuant 

to section 8 of the Act approved August 3, 1956 (7 U.S.C. 1766), 

$971,566,000; and in addition, $1,000,000 may be credited to this 

account from fees collected for the cost of laboratory accreditation 

as authorized by section 1327 of the Food, Agriculture, Conservation 

and Trade Act of 1990 (7 U.S.C. 138f): Provided, That no fewer 

than 120 full-time equivalent positions shall be employed during 

fiscal year 2009 for purposes dedicated solely to inspections and 

enforcement related to the Humane Methods of Slaughter Act: 

Provided further, That of the amount available under this heading, 

$3,000,000 shall be obligated to maintain the Humane Animal 

Tracking System as part of the Public Health Data Communication 

Infrastructure System: Provided further, That this appropriation 

shall be available pursuant to law (7 U.S.C. 2250) for the alteration 

and repair of buildings and improvements, but the cost of altering 

any one building during the fiscal year shall not exceed 10 percent 

of the current replacement value of the building. 

OFFICE OF THE UNDER SECRETARY FOR FARM AND FOREIGN

AGRICULTURAL SERVICES

For necessary expenses of the Office of the Under Secretary 

for Farm and Foreign Agricultural Services, $646,000. 

FARM SERVICE AGENCY

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS) 

For necessary expenses of the Farm Service Agency, 

$1,170,273,000: Provided, That the Secretary is authorized to use 

the services, facilities, and authorities (but not the funds) of the 

Commodity Credit Corporation to make program payments for all 

programs administered by the Agency: Provided further, That other 

funds made available to the Agency for authorized activities may 

be advanced to and merged with this account. 

STATE MEDIATION GRANTS

For grants pursuant to section 502(b) of the Agricultural Credit Act of 1987, as amended (7 U.S.C. 5101–5106), $4,369,000. 

GRASSROOTS SOURCE WATER PROTECTION PROGRAM

For necessary expenses to carry out wellhead or groundwater 

protection activities under section 1240O of the Food Security Act 

of 1985 (16 U.S.C. 3839bb–2), $5,000,000, to remain available until 

expended. 

Employed 

positions. 


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123 STAT. 536 PUBLIC LAW 111–8—MAR. 11, 2009 

DAIRY INDEMNITY PROGRAM

(INCLUDING TRANSFER OF FUNDS) 

For necessary expenses involved in making indemnity payments 

to dairy farmers and manufacturers of dairy products under a 

dairy indemnity program, such sums as may be necessary, to remain 

available until expended: Provided, That such program is carried 

out by the Secretary in the same manner as the dairy indemnity 

program described in the Agriculture, Rural Development, Food 

and Drug Administration, and Related Agencies Appropriations 

Act, 2001 (Public Law 106–387, 114 Stat. 1549A–12). 

AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS) 

For gross obligations for the principal amount of direct and 

guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating 

(7 U.S.C. 1941 et seq.) loans, Indian tribe land acquisition loans 

(25 U.S.C. 488), and boll weevil loans (7 U.S.C. 1989), to be available 

from funds in the Agricultural Credit Insurance Fund, as follows: 

farm ownership loans, $1,461,066,000, of which $1,238,768,000 shall 

be for unsubsidized guaranteed loans and $222,298,000 shall be 

for direct loans; operating loans, $1,862,578,000, of which 

$1,017,497,000 shall be for unsubsidized guaranteed loans, 

$269,986,000 shall be for subsidized guaranteed loans and 

$575,095,000 shall be for direct loans; Indian tribe land acquisition 

loans, $3,940,000; and for boll weevil eradication program loans, 

$100,000,000: Provided, That the Secretary shall deem the pink 

bollworm to be a boll weevil for the purpose of boll weevil eradication program loans. 

For the cost of direct and guaranteed loans, including the 

cost of modifying loans as defined in section 502 of the Congressional Budget Act of 1974, as follows: farm ownership loans, 

$16,803,000, of which $4,088,000 shall be for unsubsidized guaranteed loans, and $12,715,000 shall be for direct loans; operating 

loans, $130,371,000, of which $25,336,000 shall be for unsubsidized 

guaranteed loans, $37,231,000 shall be for subsidized guaranteed 

loans, and $67,804,000 shall be for direct loans; and Indian tribe 

land acquisition loans, $248,000. 

In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $317,323,000, of 

which $309,403,000 shall be transferred to and merged with the 

appropriation for ‘‘Farm Service Agency, Salaries and Expenses’’. 

Funds appropriated by this Act to the Agricultural Credit Insurance Program Account for farm ownership and operating direct 

loans and guaranteed loans may be transferred among these programs: Provided, That the Committees on Appropriations of both 

Houses of Congress are notified at least 15 days in advance of 

any transfer. 

RISK MANAGEMENT AGENCY

For necessary expenses of the Risk Management Agency, 

$77,177,000: Provided, That the funds made available under section 

522(e) of the Federal Crop Insurance Act (7 U.S.C. 1522(e)) may 

be used for the Common Information Management System: Provided 

Notification. 

Deadline. 

Pink Bollworm. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 537 

further, That not to exceed $1,000 shall be available for official 

reception and representation expenses, as authorized by 7 U.S.C. 

1506(i). 

CORPORATIONS 

The following corporations and agencies are hereby authorized 

to make expenditures, within the limits of funds and borrowing 

authority available to each such corporation or agency and in accord 

with law, and to make contracts and commitments without regard 

to fiscal year limitations as provided by section 104 of the Government Corporation Control Act as may be necessary in carrying 

out the programs set forth in the budget for the current fiscal 

year for such corporation or agency, except as hereinafter provided. 

FEDERAL CROP INSURANCE CORPORATION FUND

For payments as authorized by section 516 of the Federal 

Crop Insurance Act (7 U.S.C. 1516), such sums as may be necessary, 

to remain available until expended. 

COMMODITY CREDIT CORPORATION FUND

REIMBURSEMENT FOR NET REALIZED LOSSES

(INCLUDING TRANSFERS OF FUNDS) 

For the current fiscal year, such sums as may be necessary 

to reimburse the Commodity Credit Corporation for net realized 

losses sustained, but not previously reimbursed, pursuant to section 

2 of the Act of August 17, 1961 (15 U.S.C. 713a–11): Provided, 

That of the funds available to the Commodity Credit Corporation 

under section 11 of the Commodity Credit Corporation Charter 

Act (15 U.S.C. 714i) for the conduct of its business with the Foreign 

Agricultural Service, up to $5,000,000 may be transferred to and 

used by the Foreign Agricultural Service for information resource 

management activities of the Foreign Agricultural Service that 

are not related to Commodity Credit Corporation business. 

HAZARDOUS WASTE MANAGEMENT

(LIMITATION ON EXPENSES) 

For the current fiscal year, the Commodity Credit Corporation 

shall not expend more than $5,000,000 for site investigation and 

cleanup expenses, and operations and maintenance expenses to 

comply with the requirement of section 107(g) of the Comprehensive 

Environmental Response, Compensation, and Liability Act (42 

U.S.C. 9607(g)), and section 6001 of the Resource Conservation 

and Recovery Act (42 U.S.C. 6961). 


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123 STAT. 538 PUBLIC LAW 111–8—MAR. 11, 2009 

TITLE II 

CONSERVATION PROGRAMS 

OFFICE OF THE UNDER SECRETARY FOR NATURAL RESOURCES AND

ENVIRONMENT

For necessary expenses of the Office of the Under Secretary 

for Natural Resources and Environment, $758,000. 

NATURAL RESOURCES CONSERVATION SERVICE

CONSERVATION OPERATIONS

For necessary expenses for carrying out the provisions of the 

Act of April 27, 1935 (16 U.S.C. 590a–f), including preparation 

of conservation plans and establishment of measures to conserve 

soil and water (including farm irrigation and land drainage and 

such special measures for soil and water management as may 

be necessary to prevent floods and the siltation of reservoirs and 

to control agricultural related pollutants); operation of conservation 

plant materials centers; classification and mapping of soil; dissemination of information; acquisition of lands, water, and interests 

therein for use in the plant materials program by donation, 

exchange, or purchase at a nominal cost not to exceed $100 pursuant 

to the Act of August 3, 1956 (7 U.S.C. 428a); purchase and erection 

or alteration or improvement of permanent and temporary 

buildings; and operation and maintenance of aircraft, $853,400,000, 

to remain available until September 30, 2010, of which $31,650,000 

shall be for the purposes, and in the amounts, specified in the 

table titled ‘‘Natural Resources Conservation Service, Conservation 

Operations Congressionally-designated Projects’’ in the explanatory 

statement described in section 4 (in the matter preceding division 

A of this consolidated Act): Provided, That appropriations hereunder 

shall be available pursuant to 7 U.S.C. 2250 for construction and 

improvement of buildings and public improvements at plant materials centers, except that the cost of alterations and improvements 

to other buildings and other public improvements shall not exceed 

$250,000: Provided further, That when buildings or other structures 

are erected on non-Federal land, that the right to use such land 

is obtained as provided in 7 U.S.C. 2250a. 

WATERSHED AND FLOOD PREVENTION OPERATIONS

For necessary expenses to carry out preventive measures, 

including but not limited to research, engineering operations, 

methods of cultivation, the growing of vegetation, rehabilitation 

of existing works and changes in use of land, in accordance with 

the Watershed Protection and Flood Prevention Act (16 U.S.C. 

1001–1005 and 1007–1009), the provisions of the Act of April 27, 

1935 (16 U.S.C. 590a–f), and in accordance with the provisions 

of laws relating to the activities of the Department, $24,289,000, 

to remain available until expended, of which $23,643,000 shall 

be for the purposes, and in the amounts, specified in the table 

titled ‘‘Natural Resources Conservation Service, Watershed and 

Flood Prevention Operations Congressionally-designated Projects’’ 

in the explanatory statement described in section 4 (in the matter 

preceding division A of this consolidated Act): Provided, That not 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 539 

to exceed $15,000,000 of this appropriation shall be available for 

technical assistance. 

WATERSHED REHABILITATION PROGRAM

For necessary expenses to carry out rehabilitation of structural 

measures, in accordance with section 14 of the Watershed Protection 

and Flood Prevention Act (16 U.S.C. 1012), and in accordance 

with the provisions of laws relating to the activities of the Department, $40,000,000, to remain available until expended. 

RESOURCE CONSERVATION AND DEVELOPMENT

For necessary expenses in planning and carrying out projects 

for resource conservation and development and for sound land use 

pursuant to the provisions of sections 31 and 32 of the BankheadJones Farm Tenant Act (7 U.S.C. 1010–1011; 76 Stat. 607); the 

Act of April 27, 1935 (16 U.S.C. 590a–f); and subtitle H of title 

XV of the Agriculture and Food Act of 1981 (16 U.S.C. 3451– 

3461), $50,730,000: Provided, That not to exceed $3,073,000 shall 

be available for national headquarters activities. 

TITLE III 

RURAL DEVELOPMENT PROGRAMS 

OFFICE OF THE UNDER SECRETARY FOR RURAL DEVELOPMENT

For necessary expenses of the Office of the Under Secretary 

for Rural Development, $646,000. 

RURAL DEVELOPMENT SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS) 

For necessary expenses for carrying out the administration 

and implementation of programs in the Rural Development mission 

area, including activities with institutions concerning the development and operation of agricultural cooperatives; and for cooperative 

agreements; $192,484,000: Provided, That notwithstanding any 

other provision of law, funds appropriated under this section may 

be used for advertising and promotional activities that support 

the Rural Development mission area: Provided further, That not 

more than $10,000 may be expended to provide modest nonmonetary 

awards to non-USDA employees: Provided further, That any balances available from prior years for the Rural Utilities Service, 

Rural Housing Service, and the Rural Business-Cooperative Service 

salaries and expenses accounts shall be transferred to and merged 

with this appropriation. 

RURAL HOUSING SERVICE

RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS) 

For gross obligations for the principal amount of direct and 

guaranteed loans as authorized by title V of the Housing Act of 

1949, to be available from funds in the rural housing insurance 


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123 STAT. 540 PUBLIC LAW 111–8—MAR. 11, 2009 

fund, as follows: $7,345,347,000 for loans to section 502 borrowers, 

of which $1,121,488,000 shall be for direct loans, and of which 

$6,223,859,000 shall be for unsubsidized guaranteed loans; 

$34,410,000 for section 504 housing repair loans; $69,512,000 for 

section 515 rental housing; $129,090,000 for section 538 guaranteed 

multi-family housing loans; $5,045,000 for section 524 site loans; 

$11,447,000 for credit sales of acquired property, of which up to 

$1,447,000 may be for multi-family credit sales; and $4,970,000 

for section 523 self-help housing land development loans. 

For the cost of direct and guaranteed loans, including the 

cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, as follows: section 502 loans, 

$154,407,000, of which $75,364,000 shall be for direct loans, and 

of which $79,043,000, to remain available until expended, shall 

be for unsubsidized guaranteed loans; section 504 housing repair 

loans, $9,246,000; repair, rehabilitation, and new construction of 

section 515 rental housing, $28,611,000; section 538 multi-family 

housing guaranteed loans, $8,082,000; credit sales of acquired property, $523,000; and section 523 self-help housing and development 

loans, $82,000: Provided, That of the total amount appropriated in this paragraph, $2,500,000 shall be available through June 30, 

2009, for authorized empowerment zones and enterprise communities and communities designated by the Secretary of Agriculture 

as Rural Economic Area Partnership Zones: Provided further, That, 

for applications received under the 2009 notice of funding availability, section 538 multi-family housing guaranteed loans funded 

pursuant to this paragraph shall not be subject to a guarantee 

fee and the interest on such loans may not be subsidized: Provided 

further, That any balances for a demonstration program for the 

preservation and revitalization of the section 515 multi-family 

rental housing properties as authorized by Public Law 109–97 and 

Public Law 110–5 shall be transferred to and merged with the 

‘‘Rural Housing Service, Multi-family Housing Revitalization Program Account’’. 

In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $460,217,000, which 

shall be transferred to and merged with the appropriation for 

‘‘Rural Development, Salaries and Expenses’’. 

RENTAL ASSISTANCE PROGRAM

For rental assistance agreements entered into or renewed 

pursuant to the authority under section 521(a)(2) or agreements 

entered into in lieu of debt forgiveness or payments for eligible 

households as authorized by section 502(c)(5)(D) of the Housing 

Act of 1949, $902,500,000, to remain available through September 

30, 2010; and, in addition, such sums as may be necessary, as 

authorized by section 521(c) of the Act, to liquidate debt incurred 

prior to fiscal year 1992 to carry out the rental assistance program 

under section 521(a)(2) of the Act: Provided, That of this amount, 

up to $5,958,000 shall be available for debt forgiveness or payments 

for eligible households as authorized by section 502(c)(5)(D) of the 

Act, and not to exceed $50,000 per project for advances to nonprofit 

organizations or public agencies to cover direct costs (other than 

purchase price) incurred in purchasing projects pursuant to section 

502(c)(5)(C) of the Act: Provided further, That of this amount not 

less than $2,030,000 is available for newly constructed units 

financed by section 515 of the Housing Act of 1949, and not less 


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than $3,400,000 is for newly constructed units financed under sections 514 and 516 of the Housing Act of 1949: Provided further, 

That rental assistance agreements entered into or renewed during 

the current fiscal year shall be funded for a one-year period: Provided further, That any unexpended balances remaining at the 

end of such one-year agreements may be transferred and used 

for the purposes of any debt reduction; maintenance, repair, or 

rehabilitation of any existing projects; preservation; and rental 

assistance activities authorized under title V of the Act: Provided 

further, That rental assistance provided under agreements entered 

into prior to fiscal year 2009 for a farm labor multi-family housing 

project financed under section 514 or 516 of the Act may not 

be recaptured for use in another project until such assistance has 

remained unused for a period of 12 consecutive months, if such 

project has a waiting list of tenants seeking such assistance or 

the project has rental assistance eligible tenants who are not 

receiving such assistance: Provided further, That such recaptured 

rental assistance shall, to the extent practicable, be applied to 

another farm labor multi-family housing project financed under 

section 514 or 516 of the Act. 

MULTI-FAMILY HOUSING REVITALIZATION PROGRAM ACCOUNT

For the rural housing voucher program as authorized under 

section 542 of the Housing Act of 1949, but notwithstanding subsection (b) of such section, for the cost to conduct a housing demonstration program to provide revolving loans for the preservation 

of low-income multi-family housing projects, and for additional costs 

to conduct a demonstration program for the preservation and 

revitalization of multi-family rental housing properties described 

in this paragraph, $27,714,000, to remain available until expended: 

Provided, That of the funds made available under this heading, $4,965,000 shall be available for rural housing vouchers to any 

low-income household (including those not receiving rental assistance) residing in a property financed with a section 515 loan which 

has been prepaid after September 30, 2005: Provided further, That 

the amount of such voucher shall be the difference between comparable market rent for the section 515 unit and the tenant paid 

rent for such unit: Provided further, That funds made available 

for such vouchers shall be subject to the availability of annual 

appropriations: Provided further, That the Secretary shall, to the 

maximum extent practicable, administer such vouchers with current 

regulations and administrative guidance applicable to section 8 

housing vouchers administered by the Secretary of the Department 

of Housing and Urban Development (including the ability to pay 

administrative costs related to delivery of the voucher funds): Provided further, That if the Secretary determines that the amount 

made available for vouchers in this or any other Act is not needed 

for vouchers, the Secretary may use such funds for the demonstration programs for the preservation and revitalization of multi-family 

rental housing properties described in this paragraph: Provided 

further, That of the funds made available under this heading, $2,889,000 shall be available for the cost of loans to private nonprofit organizations, or such non-profit organizations’ affiliate loan 

funds and State and local housing finance agencies, to carry out 

a housing demonstration program to provide revolving loans for 

the preservation of low-income multi-family housing projects: Provided further, That loans under such demonstration program shall 

Loans. 

Vouchers. 

Applicability. 

Contracts. 


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123 STAT. 542 PUBLIC LAW 111–8—MAR. 11, 2009 

have an interest rate of not more than 1 percent direct loan to 

the recipient: Provided further, That the Secretary may defer the 

interest and principal payment to the Rural Housing Service for 

up to 3 years and the term of such loans shall not exceed 30 

years: Provided further, That of the funds made available under 

this heading, $19,860,000 shall be available for a demonstration 

program for the preservation and revitalization of the section 514, 

515, and 516 multi-family rental housing properties to restructure 

existing USDA multi-family housing loans, as the Secretary deems 

appropriate, expressly for the purposes of ensuring the project has 

sufficient resources to preserve the project for the purpose of providing safe and affordable housing for low-income residents and 

farm laborers including reducing or eliminating interest; deferring 

loan payments, subordinating, reducing or reamortizing loan debt; 

and other financial assistance including advances, payments and 

incentives (including the ability of owners to obtain reasonable 

returns on investment) required by the Secretary: Provided further, 

That the Secretary shall as part of the preservation and revitalization agreement obtain a restrictive use agreement consistent with 

the terms of the restructuring: Provided further, That if the Secretary determines that additional funds for vouchers described in 

this paragraph are needed, funds for the preservation and revitalization demonstration program may be used for such vouchers: 

Provided further, That the Secretary may use any unobligated 

funds appropriated for the rural housing voucher program in a 

prior fiscal year to support information technology activities of 

the Rural Housing Service to the extent the Secretary determines 

that additional funds are not needed for this fiscal year to provide 

vouchers described in this paragraph: Provided further, That if 

Congress enacts legislation to permanently authorize a section 515 

multi-family rental housing loan restructuring program similar to 

the demonstration program described herein, the Secretary may 

use funds made available for the demonstration program under 

this heading to carry out such legislation with the prior approval 

of the Committees on Appropriations of both Houses of Congress. 

MUTUAL AND SELF-HELP HOUSING GRANTS

For grants and contracts pursuant to section 523(b)(1)(A) of 

the Housing Act of 1949 (42 U.S.C. 1490c), $38,727,000, to remain 

available until expended: Provided, That of the total amount appropriated, $1,000,000 shall be available through June 30, 2009, for 

authorized empowerment zones and enterprise communities and 

communities designated by the Secretary of Agriculture as Rural 

Economic Area Partnership Zones. 

RURAL HOUSING ASSISTANCE GRANTS

(INCLUDING TRANSFER OF FUNDS) 

For grants and contracts for very low-income housing repair, 

supervisory and technical assistance, compensation for construction 

defects, and rural housing preservation made by the Rural Housing 

Service, as authorized by 42 U.S.C. 1474, 1479(c), 1490e, and 

1490m, $41,500,000, to remain available until expended: Provided, 

That of the total amount appropriated, $1,200,000 shall be available 

through June 30, 2009, for authorized empowerment zones and 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 543 

enterprise communities and communities designated by the Secretary of Agriculture as Rural Economic Area Partnership Zones: 

Provided further, That any balances to carry out a housing demonstration program to provide revolving loans for the preservation 

of low-income multi-family housing projects as authorized in Public 

Law 108–447 and Public Law 109–97 shall be transferred to and 

merged with the ‘‘Rural Housing Service, Multi-family Housing 

Revitalization Program Account’’. 

FARM LABOR PROGRAM ACCOUNT

For the cost of direct loans, grants, and contracts, as authorized by 42 U.S.C. 1484 and 1486, $18,269,000, to remain available 

until expended, for direct farm labor housing loans and domestic 

farm labor housing grants and contracts. 

RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS) 

For the cost of direct loans, loan guarantees, and grants for 

rural community facilities programs as authorized by section 306 

and described in section 381E(d)(1) of the Consolidated Farm and 

Rural Development Act, $63,830,000, to remain available until 

expended: Provided, That $6,256,000 of the amount appropriated 

under this heading shall be available for a Rural Community 

Development Initiative: Provided further, That such funds shall 

be used solely to develop the capacity and ability of private, nonprofit community-based housing and community development 

organizations, low-income rural communities, and Federally Recognized Native American Tribes to undertake projects to improve 

housing, community facilities, community and economic development projects in rural areas: Provided further, That such funds 

shall be made available to qualified private, nonprofit and public 

intermediary organizations proposing to carry out a program of 

financial and technical assistance: Provided further, That such intermediary organizations shall provide matching funds from other 

sources, including Federal funds for related activities, in an amount 

not less than funds provided: Provided further, That $10,000,000 

of the amount appropriated under this heading shall be to provide 

grants for facilities in rural communities with extreme unemployment and severe economic depression (Public Law 106–387), with 

up to 5 percent for administration and capacity building in the 

State rural development offices: Provided further, That $3,972,000 

of the amount appropriated under this heading shall be available 

for community facilities grants to tribal colleges, as authorized 

by section 306(a)(19) of such Act: Provided further, That not to 

exceed $1,000,000 of the amount appropriated under this heading 

shall be available through June 30, 2009, for authorized empowerment zones and enterprise communities and communities designated by the Secretary of Agriculture as Rural Economic Area 

Partnership Zones for the rural community programs described 

in section 381E(d)(1) of the Consolidated Farm and Rural Development Act: Provided further, That sections 381E–H and 381N of 

the Consolidated Farm and Rural Development Act are not 

applicable to the funds made available under this heading: Provided 

further, That any prior balances in the Rural Development, Rural 

Community Advancement Program account for programs authorized 


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123 STAT. 544 PUBLIC LAW 111–8—MAR. 11, 2009 

by section 306 and described in section 381E(d)(1) of such Act 

be transferred and merged with this account and any other prior 

balances from the Rural Development, Rural Community Advancement Program account that the Secretary determines is appropriate 

to transfer. 

RURAL BUSINESS—COOPERATIVE SERVICE

RURAL BUSINESS PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS) 

For the cost of loan guarantees and grants, for the rural business development programs authorized by sections 306 and 310B 

and described in sections 310B(f) and 381E(d)(3) of the Consolidated 

Farm and Rural Development Act, $87,385,000, to remain available 

until expended: Provided, That of the amount appropriated under this heading, not to exceed $500,000 shall be made available for 

a grant to a qualified national organization to provide technical 

assistance for rural transportation in order to promote economic 

development and $2,979,000 shall be for grants to the Delta 

Regional Authority (7 U.S.C. 1921 et seq.) for any Rural Community 

Advancement Program purpose as described in section 381E(d) 

of the Consolidated Farm and Rural Development Act, of which 

not more than 5 percent may be used for administrative expenses: 

Provided further, That $4,000,000 of the amount appropriated under 

this heading shall be for business grants to benefit Federally Recognized Native American Tribes, including $250,000 for a grant to 

a qualified national organization to provide technical assistance 

for rural transportation in order to promote economic development: 

Provided further, That not to exceed $8,300,000 of the amount 

appropriated under this heading shall be available through June 

30, 2009, for authorized empowerment zones and enterprise communities and communities designated by the Secretary of Agriculture 

as Rural Economic Area Partnership Zones for the rural business 

and cooperative development programs described in section 

381E(d)(3) of the Consolidated Farm and Rural Development Act: 

Provided further, That sections 381E–H and 381N of the Consolidated Farm and Rural Development Act are not applicable to funds 

made available under this heading: Provided further, That any 

prior balances in the Rural Development, Rural Community 

Advancement Program account for programs authorized by sections 

306 and 310B and described in sections 310B(f) and 381E(d)(3) 

of such Act be transferred and merged with this account and any 

other prior balances from the Rural Development, Rural Community 

Advancement Program account that the Secretary determines is 

appropriate to transfer. 

RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS) 

For the principal amount of direct loans, as authorized by 

the Rural Development Loan Fund (42 U.S.C. 9812(a)), $33,536,000. 

For the cost of direct loans, $14,035,000, as authorized by 

the Rural Development Loan Fund (42 U.S.C. 9812(a)), of which 

$1,724,000 shall be available through June 30, 2009, for Federally 

Recognized Native American Tribes and of which $3,449,000 shall 

be available through June 30, 2009, for Mississippi Delta Region 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 545 

counties (as determined in accordance with Public Law 100–460): 

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 of the total amount appropriated, $880,000 shall be available through June 30, 2009, for 

the cost of direct loans for authorized empowerment zones and 

enterprise communities and communities designated by the Secretary of Agriculture as Rural Economic Area Partnership Zones. 

In addition, for administrative expenses to carry out the direct 

loan programs, $4,853,000 shall be transferred to and merged with 

the appropriation for ‘‘Rural Development, Salaries and Expenses’’. 

RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT

(INCLUDING RESCISSION OF FUNDS) 

For the principal amount of direct loans, as authorized under 

section 313 of the Rural Electrification Act, for the purpose of 

promoting rural economic development and job creation projects, 

$33,077,000. 

Of the funds derived from interest on the cushion of credit 

payments, as authorized by section 313 of the Rural Electrification 

Act of 1936, $20,000,000 shall not be obligated and $20,000,000 

are rescinded. 

RURAL COOPERATIVE DEVELOPMENT GRANTS

For rural cooperative development grants authorized under 

section 310B(e) of the Consolidated Farm and Rural Development 

Act (7 U.S.C. 1932), $12,636,000, of which $300,000 shall be for 

a cooperative research agreement with a qualified academic institution to conduct research on the national economic impact of all 

types of cooperatives; and of which $2,582,000 shall be for cooperative agreements for the appropriate technology transfer for rural 

areas program: Provided, That not to exceed $1,463,000 shall be 

for cooperatives or associations of cooperatives whose primary focus 

is to provide assistance to small, socially disadvantaged producers 

and whose governing board and/or membership is comprised of 

at least 75 percent socially disadvantaged members; and of which 

$3,867,000, to remain available until expended, shall be for valueadded agricultural product market development grants, as authorized by section 231 of the Agricultural Risk Protection Act of 2000 

(7 U.S.C. 1621 note). 

RURAL EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES GRANTS

For grants in connection with empowerment zones and enterprise communities, $8,130,000, to remain available until expended, 

for designated rural empowerment zones and rural enterprise 

communities, as authorized by the Taxpayer Relief Act of 1997 

and the Omnibus Consolidated and Emergency Supplemental 

Appropriations Act, 1999 (Public Law 105–277): Provided, That 

the funds provided under this paragraph shall be made available 

to empowerment zones and enterprise communities in a manner 

and with the same priorities such funds were made available during 

the 2007 fiscal year. 


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RURAL ENERGY FOR AMERICA PROGRAM

For the cost of a program of loan guarantees and grants, 

under the same terms and conditions as authorized by section 

9007 of the Farm Security and Rural Investment Act of 2002 

(7 U.S.C. 8107), $5,000,000: Provided, That the cost of loan guarantees, including the cost of modifying such loans, shall be as defined 

in section 502 of the Congressional Budget Act of 1974. 

RURAL UTILITIES SERVICE

RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS) 

For the cost of direct loans, loan guarantees, and grants for 

the rural water, waste water, waste disposal, and solid waste 

management programs authorized by sections 306, 306A, 306C, 

306D, and 310B and described in sections 306C(a)(2), 306D, and 

381E(d)(2) of the Consolidated Farm and Rural Development Act, 

$556,268,000, to remain available until expended, of which not 

to exceed $497,000 shall be available for the rural utilities program 

described in section 306(a)(2)(B) of such Act, and of which not 

to exceed $993,000 shall be available for the rural utilities program 

described in section 306E of such Act: Provided, That $65,000,000 

of the amount appropriated under this heading shall be for loans 

and grants including water and waste disposal systems grants 

authorized by 306C(a)(2)(B) and 306D of the Consolidated Farm 

and Rural Development Act and for Federally-recognized Native 

American Tribes authorized by 306C(a)(1): Provided further, That 

not to exceed $19,000,000 of the amount appropriated under this 

heading shall be for technical assistance grants for rural water 

and waste systems pursuant to section 306(a)(14) of such Act, 

unless the Secretary makes a determination of extreme need, of 

which $5,600,000 shall be made available for a grant to a qualified 

non-profit multi-state regional technical assistance organization, 

with experience in working with small communities on water and 

waste water problems, the principal purpose of such grant shall 

be to assist rural communities with populations of 3,300 or less, 

in improving the planning, financing, development, operation, and 

management of water and waste water systems, and of which 

not less than $800,000 shall be for a qualified national Native 

American organization to provide technical assistance for rural 

water systems for tribal communities: Provided further, That not 

to exceed $14,000,000 of the amount appropriated under this 

heading shall be for contracting with qualified national organizations for a circuit rider program to provide technical assistance 

for rural water systems: Provided further, That not to exceed 

$12,700,000 of the amount appropriated under this heading shall 

be available through June 30, 2009, for authorized empowerment 

zones and enterprise communities and communities designated by 

the Secretary of Agriculture as Rural Economic Area Partnership 

Zones for the rural utilities programs described in section 381E(d)(2) 

of such Act: Provided further, That $17,500,000 of the amount 

appropriated under this heading shall be transferred to, and merged 

with, the Rural Utilities Service, High Energy Cost Grants Account 

to provide grants authorized under section 19 of the Rural Electrification Act of 1936 (7 U.S.C. 918a): Provided further, That any 


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prior year balances for high cost energy grants authorized by section 

19 of the Rural Electrification Act of 1936 (7 U.S.C. 901(19)) shall 

be transferred to and merged with the Rural Utilities Service, 

High Energy Costs Grants Account: Provided further, That sections 

381E–H and 381N of the Consolidated Farm and Rural Development Act are not applicable to the funds made available under 

this heading: Provided further, That any prior balances in the 

Rural Development, Rural Community Advancement Program 

account programs authorized by sections 306, 306A, 306C, 306D, 

and 310B and described in sections 306C(a)(2), 306D, and 381E(d)(2) 

of such Act be transferred to and merged with this account and 

any other prior balances from the Rural Development, Rural 

Community Advancement Program account that the Secretary 

determines is appropriate to transfer. 

RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM

ACCOUNT

(INCLUDING TRANSFER OF FUNDS) 

The principal amount of direct and guaranteed loans as authorized by section 305 of the Rural Electrification Act of 1936 (7 

U.S.C. 935) shall be made as follows: 5 percent rural electrification 

loans, $100,000,000; loans made pursuant to section 306 of that 

Act, rural electric, $6,500,000,000; 5 percent rural telecommunications loans, $145,000,000; cost of money rural telecommunications 

loans, $250,000,000; and for loans made pursuant to section 306 

of that Act, rural telecommunications loans, $295,000,000. 

For the cost, as defined in section 502 of the Congressional 

Budget Act of 1974, including the cost of modifying loans, of direct 

and guaranteed loans authorized by sections 305 and 306 of the 

Rural Electrification Act of 1936 (7 U.S.C. 935 and 936), as follows: 

the cost of telecommunications loans, $525,000: Provided, That notwithstanding section 305(d)(2) of the Rural Electrification Act of 

1936, borrower interest rates may exceed 7 percent per year. 

In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $39,245,000, which 

shall be transferred to and merged with the appropriation for 

‘‘Rural Development, Salaries and Expenses’’. 

DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM

(INCLUDING RESCISSION OF FUNDS) 

For the principal amount of broadband telecommunication 

loans, $400,487,000. 

For grants for telemedicine and distance learning services in 

rural areas, as authorized by 7 U.S.C. 950aaa et seq., $34,755,000, 

to remain available until expended: Provided, That the Secretary 

may use funds under this heading for grants authorized by 379(g) 

of the Consolidated Farm and Rural Development Act: Provided 

further, That $4,965,000 shall be made available to convert analog 

to digital operation those noncommercial educational television 

broadcast stations that serve rural areas and are qualified for 

Community Service Grants by the Corporation for Public Broadcasting under section 396(k) of the Communications Act of 1934, 

including associated translators and repeaters, regardless of the 

location of their main transmitter, studio-to-transmitter links, and 


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equipment to allow local control over digital content and programming through the use of high-definition broadcast, multi-casting 

and datacasting technologies. 

For the cost of broadband loans, as authorized by section 601 of the Rural Electrification Act, $15,619,000, to remain available 

until expended: Provided, That the cost of direct loans shall be 

as defined in section 502 of the Congressional Budget Act of 1974: 

Provided further, That of the unobligated balances available for the cost of the broadband loans, $6,404,000 are rescinded. 

In addition, $13,406,000, to remain available until expended, 

for a grant program to finance broadband transmission in rural 

areas eligible for Distance Learning and Telemedicine Program 

benefits authorized by 7 U.S.C. 950aaa. 

TITLE IV 

DOMESTIC FOOD PROGRAMS 

OFFICE OF THE UNDER SECRETARY FOR FOOD, NUTRITION AND

CONSUMER SERVICES

For necessary expenses of the Office of the Under Secretary for Food, Nutrition and Consumer Services, $610,000. 

FOOD AND NUTRITION SERVICE

CHILD NUTRITION PROGRAMS

(INCLUDING TRANSFERS OF FUNDS) 

In lieu of the amounts made available in section 14222(b) 

of the Food, Conservation, and Energy Act of 2008, for necessary 

expenses to carry out the Richard B. Russell National School Lunch 

Act (42 U.S.C. 1751 et seq.), except section 21, and the Child 

Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections 

17 and 21; $14,951,911,000, to remain available through September 

30, 2010, of which $8,496,109,000 is hereby appropriated and 

$6,455,802,000 shall be derived by transfer from funds available 

under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c). 

SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, 

AND CHILDREN (WIC) 

For necessary expenses to carry out the special supplemental 

nutrition program as authorized by section 17 of the Child Nutrition 

Act of 1966 (42 U.S.C. 1786), $6,860,000,000, to remain available 

through September 30, 2010, of which such sums as are necessary 

to restore the contingency reserve to $125,000,000 shall be placed 

in reserve, to remain available until expended, to be allocated 

as the Secretary deems necessary, notwithstanding section 17(i) 

of such Act, to support participation should cost or participation 

exceed budget estimates: Provided, That of the total amount available, the Secretary shall obligate not less than $14,850,000 for 

a breastfeeding support initiative in addition to the activities specified in section 17(h)(3)(A): Provided further, That, notwithstanding 

section 17(h)(10)(A) of such Act, only the provisions of section 

17(h)(10)(B)(i) and section 17(h)(10)(B)(ii) shall be effective in 2009; 

including $14,000,000 for the purposes specified in section 

17(h)(10)(B)(i): Provided further, That funds made available for 


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the purposes specified in section 17(h)(10)(B)(ii) shall only be made 

available upon determination by the Secretary that funds are available to meet caseload requirements without the use of the contingency reserve funds after the date of enactment of this Act: Provided 

further, That hereafter none of the funds in this Act shall be 

available to pay administrative expenses of WIC clinics except 

those that have an announced policy of prohibiting smoking within 

the space used to carry out the program: Provided further, That 

none of the funds provided in this account shall be available for 

the purchase of infant formula except in accordance with the cost 

containment and competitive bidding requirements specified in section 17 of such Act: Provided further, That none of the funds 

provided shall be available for activities that are not fully 

reimbursed by other Federal Government departments or agencies 

unless authorized by section 17 of such Act. 

SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

For necessary expenses to carry out the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), $53,969,246,000, of which 

$3,000,000,000, to remain available through September 30, 2010, 

shall be placed in reserve for use only in such amounts and at 

such times as may become necessary to carry out program operations: Provided, That funds provided herein shall be expended 

in accordance with section 16 of the Food and Nutrition Act of 

2008: Provided further, That this appropriation shall be subject 

to any work registration or workfare requirements as may be 

required by law: Provided further, That funds made available for 

Employment and Training under this heading shall remain available until expended, as authorized by section 16(h)(1) of the Food 

and Nutrition Act of 2008: Provided further, That funds made 

available under this heading may be used to enter into contracts 

and employ staff to conduct studies, evaluations, or to conduct 

activities related to program integrity provided that such activities 

are authorized by the Food and Nutrition Act of 2008. 

COMMODITY ASSISTANCE PROGRAM

For necessary expenses to carry out disaster assistance and 

the Commodity Supplemental Food Program as authorized by section 4(a) of the Agriculture and Consumer Protection Act of 1973 

(7 U.S.C. 612c note); the Emergency Food Assistance Act of 1983; 

special assistance for the nuclear affected islands, as authorized 

by section 103(f)(2) of the Compact of Free Association Amendments 

Act of 2003 (Public Law 108–188); and the Farmers’ Market Nutrition Program, as authorized by section 17(m) of the Child Nutrition 

Act of 1966, $230,800,000, to remain available through September 

30, 2010: Provided, That none of these funds shall be available 

to reimburse the Commodity Credit Corporation for commodities 

donated to the program: Provided further, That notwithstanding 

any other provision of law, effective with funds made available 

in fiscal year 2009 to support the Seniors Farmers’ Market Nutrition 

Program, as authorized by section 4402 of the Farm Security and 

Rural Investment Act of 2002, such funds shall remain available 

through September 30, 2010: Provided further, That of the funds 

made available under section 27(a) of the Food and Nutrition Act 

of 2008 (7 U.S.C. 2036(a)), the Secretary may use up to 10 percent 

for costs associated with the distribution of commodities. 


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NUTRITION PROGRAMS ADMINISTRATION

For necessary administrative expenses of the Food and Nutrition Service for carrying out any domestic nutrition assistance 

program, $142,595,000. 

TITLE V 

FOREIGN ASSISTANCE AND RELATED PROGRAMS 

FOREIGN AGRICULTURAL SERVICE

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS) 

For necessary expenses of the Foreign Agricultural Service, including not to exceed $158,000 for representation allowances and 

for expenses pursuant to section 8 of the Act approved August 

3, 1956 (7 U.S.C. 1766), $165,436,000: Provided, That the Service 

may utilize advances of funds, or reimburse this appropriation 

for expenditures made on behalf of Federal agencies, public and 

private organizations and institutions under agreements executed 

pursuant to the agricultural food production assistance programs 

(7 U.S.C. 1737) and the foreign assistance programs of the United 

States Agency for International Development: Provided further, That funds made available for the cost of agreements under title 

I of the Agricultural Trade Development and Assistance Act of 

1954 and for title I ocean freight differential may be used interchangeably between the two accounts with prior notice to the 

Committees on Appropriations of both Houses of Congress. 

PUBLIC LAW 480 TITLE I DIRECT CREDIT AND FOOD FOR PROGRESS

PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS) 

For administrative expenses to carry out the credit program 

of title I, Public Law 83–480 and the Food for Progress Act of 

1985, $2,736,000, to be transferred to and merged with the appropriation for ‘‘Farm Service Agency, Salaries and Expenses’’. 

PUBLIC LAW 480 TITLE II GRANTS

For expenses during the current fiscal year, not otherwise 

recoverable, and unrecovered prior years’ costs, including interest 

thereon, under the Food for Peace Act, for commodities supplied 

in connection with dispositions abroad under title II of said Act, 

$1,225,900,000, to remain available until expended. 

COMMODITY CREDIT CORPORATION EXPORT LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS) 

For administrative expenses to carry out the Commodity Credit 

Corporation’s export guarantee program, GSM 102 and GSM 103, 

$5,333,000; to cover common overhead expenses as permitted by 

section 11 of the Commodity Credit Corporation Charter Act and 

in conformity with the Federal Credit Reform Act of 1990, of which 

Notification. 


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$4,985,000 shall be transferred to and merged with the appropriation for ‘‘Foreign Agricultural Service, Salaries and Expenses’’, and 

of which $348,000 shall be transferred to and merged with the 

appropriation for ‘‘Farm Service Agency, Salaries and Expenses’’. 

MC GOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD

NUTRITION PROGRAM GRANTS

For necessary expenses to carry out the provisions of section 

3107 of the Farm Security and Rural Investment Act of 2002 

(7 U.S.C. 1736o–1), $100,000,000, to remain available until 

expended: Provided, That the Commodity Credit Corporation is 

authorized to provide the services, facilities, and authorities for 

the purpose of implementing such section, subject to reimbursement 

from amounts provided herein. 

TITLE VI 

RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

FOOD AND DRUG ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Food and Drug Administration, 

including hire and purchase of passenger motor vehicles; for payment of space rental and related costs pursuant to Public Law 

92–313 for programs and activities of the Food and Drug Administration which are included in this Act; for rental of special purpose 

space in the District of Columbia or elsewhere; for miscellaneous 

and emergency expenses of enforcement activities, authorized and 

approved by the Secretary and to be accounted for solely on the 

Secretary’s certificate, not to exceed $25,000; and notwithstanding 

section 521 of Public Law 107–188; $2,622,267,000, of which 

$7,641,000 shall be for the purposes, and in the amounts, specified 

in the final paragraph under ‘‘Food and Drug Administration, Salaries and Expenses’’ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated 

Act): Provided, That of the amount provided under this heading, 

$510,665,000 shall be derived from prescription drug user fees 

authorized by 21 U.S.C. 379h shall be credited to this account 

and remain available until expended, and shall not include any 

fees pursuant to 21 U.S.C. 379h(a)(2) and (a)(3) assessed for fiscal 

year 2010 but collected in fiscal year 2009; $52,547,000 shall be 

derived from medical device user fees authorized by 21 U.S.C. 

379j, and shall be credited to this account and remain available 

until expended; $15,260,000 shall be derived from animal drug 

user fees authorized by 21 U.S.C. 379j, and shall be credited to 

this account and remain available until expended; and $4,831,000 

shall be derived from animal generic drug user fees authorized 

by 21 U.S.C. 379f, and shall be credited to this account and shall 

remain available until expended: Provided further, That fees derived 

from prescription drug, medical device, animal drug, and animal 

generic drug assessments for fiscal year 2009 received during fiscal 

year 2009, including any such fees assessed prior to fiscal year 

2009 but credited for fiscal year 2009, shall be subject to the 


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fiscal year 2009 limitations: Provided further, That none of these 

funds shall be used to develop, establish, or operate any program 

of user fees authorized by 31 U.S.C. 9701: Provided further, That 

of the total amount appropriated: (1) $648,722,000 shall be for 

the Center for Food Safety and Applied Nutrition and related field 

activities in the Office of Regulatory Affairs; (2) $777,437,000 shall 

be for the Center for Drug Evaluation and Research and related 

field activities in the Office of Regulatory Affairs, of which no 

less than $41,358,000 shall be available for the Office of Generic 

Drugs; (3) $271,490,000 shall be for the Center for Biologics Evaluation and Research and for related field activities in the Office 

of Regulatory Affairs; (4) $134,344,000 shall be for the Center 

for Veterinary Medicine and for related field activities in the Office 

of Regulatory Affairs; (5) $310,547,000 shall be for the Center 

for Devices and Radiological Health and for related field activities 

in the Office of Regulatory Affairs; (6) $52,511,000 shall be for 

the National Center for Toxicological Research; (7) not to exceed 

$111,758,000 shall be for Rent and Related activities, of which 

$41,281,000 is for White Oak Consolidation, other than the amounts 

paid to the General Services Administration for rent; (8) not to 

exceed $155,425,000 shall be for payments to the General Services 

Administration for rent; and (9) $160,033,000 shall be for other 

activities, including the Office of the Commissioner; the Office of 

Scientific and Medical Programs; the Office of Policy, Planning 

and Preparedness; the Office of International and Special Programs; 

the Office of Operations; and central services for these offices: 

Provided further, That none of the funds made available under 

this heading shall be used to transfer funds under section 770(n) 

of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379dd): 

Provided further, That funds may be transferred from one specified 

activity to another with the prior approval of the Committees on 

Appropriations of both Houses of Congress. 

In addition, mammography user fees authorized by 42 U.S.C. 

263b, export certification user fees authorized by 21 U.S.C. 381, 

and priority review user fees authorized by 21 U.S.C. 360n may 

be credited to this account, to remain available until expended. 

BUILDINGS AND FACILITIES

For plans, construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities of or used 

by the Food and Drug Administration, where not otherwise provided, $12,433,000, to remain available until expended. 

INDEPENDENT AGENCY 

FARM CREDIT ADMINISTRATION

LIMITATION ON ADMINISTRATIVE EXPENSES

Not to exceed $49,000,000 (from assessments collected from 

farm credit institutions, including the Federal Agricultural Mortgage Corporation) shall be obligated during the current fiscal year 

for administrative expenses as authorized under 12 U.S.C. 2249: 

Provided, That this limitation shall not apply to expenses associated 

with receiverships. 


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TITLE VII 

GENERAL PROVISIONS 

(INCLUDING RESCISSION AND TRANSFERS OF FUNDS) 

SEC. 701. Within the unit limit of cost fixed by law, appropriations and authorizations made for the Department of Agriculture 

for the current fiscal year under this Act shall be available for 

the purchase, in addition to those specifically provided for, of not 

to exceed 327 passenger motor vehicles, of which 315 shall be 

for replacement only, and for the hire of such vehicles. 

SEC. 702. New obligational authority provided for the following 

appropriation items in this Act shall remain available until 

expended: Food Safety and Inspection Service, Public Health Data 

Communication Infrastructure System; Farm Service Agency, salaries and expenses funds made available to county committees; Foreign Agricultural Service, middle-income country training program, 

and up to $2,000,000 of the Foreign Agricultural Service appropriation solely for the purpose of offsetting fluctuations in international 

currency exchange rates, subject to documentation by the Foreign 

Agricultural Service. 

SEC. 703. The Secretary of Agriculture may transfer unobligated 

balances of discretionary funds appropriated by this Act or other 

available unobligated discretionary balances of the Department of 

Agriculture to the Working Capital Fund for the acquisition of 

plant and capital equipment necessary for the financial management modernization initiative and the delivery of financial, administrative, and information technology services of primary benefit to 

the agencies of the Department of Agriculture: Provided, That none 

of the funds made available by this Act or any other Act shall 

be transferred to the Working Capital Fund without the prior 

approval of the agency administrator: Provided further, That none 

of the funds transferred to the Working Capital Fund pursuant 

to this section shall be available for obligation without the prior 

approval of the Committees on Appropriations of both Houses of 

Congress: Provided further, That none of the funds appropriated 

by this Act or made available to the Department’s Working Capital 

Fund shall be available for obligation or expenditure to make any 

changes to the Department’s National Finance Center without prior 

approval of the Committees on Appropriations of both Houses of 

Congress as required by section 712 of this Act. 

SEC. 704. 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. 705. No funds appropriated by this Act may be used 

to pay negotiated indirect cost rates on cooperative agreements 

or similar arrangements between the United States Department 

of Agriculture and nonprofit institutions in excess of 10 percent 

of the total direct cost of the agreement when the purpose of 

such cooperative arrangements is to carry out programs of mutual 

interest between the two parties. This does not preclude appropriate 

payment of indirect costs on grants and contracts with such institutions when such indirect costs are computed on a similar basis 

for all agencies for which appropriations are provided in this Act. 

SEC. 706. Appropriations to the Department of Agriculture for 

the cost of direct and guaranteed loans made available in the 

current fiscal year shall remain available until expended to disburse 

7 USC 2209b 

note. 


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obligations made in the current fiscal year for the following 

accounts: the Rural Development Loan Fund program account, the 

Rural Electrification and Telecommunication Loans program 

account, and the Rural Housing Insurance Fund program account. 

SEC. 707. Of the funds made available by this Act, not more 

than $1,800,000 shall be used to cover necessary expenses of activities related to all advisory committees, panels, commissions, and 

task forces of the Department of Agriculture, except for panels 

used to comply with negotiated rule makings and panels used 

to evaluate competitively awarded grants. 

SEC. 708. None of the funds appropriated by this Act may 

be used to carry out section 410 of the Federal Meat Inspection 

Act (21 U.S.C. 679a) or section 30 of the Poultry Products Inspection 

Act (21 U.S.C. 471). 

SEC. 709. No employee of the Department of Agriculture may 

be detailed or assigned from an agency or office funded by this 

Act to any other agency or office of the Department for more 

than 30 days unless the individual’s employing agency or office 

is fully reimbursed by the receiving agency or office for the salary 

and expenses of the employee for the period of assignment. 

SEC. 710. None of the funds appropriated or otherwise made 

available to the Department of Agriculture or the Food and Drug 

Administration shall be used to transmit or otherwise make available to any non-Department of Agriculture or non-Department of 

Health and Human Services employee questions or responses to 

questions that are a result of information requested for the appropriations hearing process. 

SEC. 711. None of the funds made available to the Department 

of Agriculture by this Act may be used to acquire new information 

technology systems or significant upgrades, as determined by the 

Office of the Chief Information Officer, without the approval of 

the Chief Information Officer and the concurrence of the Executive 

Information Technology Investment Review Board: Provided, That 

notwithstanding any other provision of law, none of the funds 

appropriated or otherwise made available by this Act may be transferred to the Office of the Chief Information Officer without the 

prior approval of the Committees on Appropriations of both Houses 

of Congress: Provided further, That none of the funds available 

to the Department of Agriculture for information technology shall 

be obligated for projects over $25,000 prior to receipt of written 

approval by the Chief Information Officer. 

SEC. 712. (a) None of the funds provided by this Act, or provided 

by previous Appropriations Acts to the agencies funded by this 

Act that remain available for obligation or expenditure in the current fiscal year, 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 which— 

(1) creates new programs; 

(2) eliminates a program, project, or activity; 

(3) increases funds or personnel by any means for any 

project or activity for which funds have been denied or 

restricted; 

(4) relocates an office or employees; 

(5) reorganizes offices, programs, or activities; or 

Notifications. 

Deadlines. 


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(6) contracts out or privatizes any functions or activities 

presently performed by Federal employees; unless the Committees on Appropriations of both Houses of Congress are notified 

15 days in advance of such reprogramming of funds. 

(b) None of the funds provided by this Act, or provided by 

previous Appropriations Acts to the agencies funded by this Act 

that remain available for obligation or expenditure in the current 

fiscal year, 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 for activities, programs, or projects through a reprogramming of funds in excess of $500,000 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 Congress; or (3) results from any general savings 

from a reduction in personnel which would result in a change 

in existing programs, activities, or projects as approved by Congress; 

unless the Committees on Appropriations of both Houses of Congress are notified 15 days in advance of such reprogramming of 

funds. 

(c) The Secretary of Agriculture or the Secretary of Health 

and Human Services shall notify the Committees on Appropriations 

of both Houses of Congress before implementing a program or 

activity not carried out during the previous fiscal year unless the 

program or activity is funded by this Act or specifically funded 

by any other Act. 

SEC. 713. None of the funds appropriated by this or any other 

Act shall be used to pay the salaries and expenses of personnel 

who prepare or submit appropriations language as part of the 

President’s Budget submission to the Congress of the United States 

for programs under the jurisdiction of the Appropriations Subcommittees on Agriculture, Rural Development, Food and Drug 

Administration, and Related Agencies that assumes revenues or 

reflects a reduction from the previous year due to user fees proposals 

that have not been enacted into law prior to the submission of 

the Budget unless such Budget submission identifies which additional spending reductions should occur in the event the user fees 

proposals are not enacted prior to the date of the convening of 

a committee of conference for the fiscal year 2010 appropriations 

Act. 

SEC. 714. None of the funds made available by this or any 

other Act may be used to close or relocate a Rural Development 

office unless or until the Secretary of Agriculture determines the 

cost effectiveness and/or enhancement of program delivery: Provided, That not later than 120 days before the date of the proposed 

closure or relocation, the Secretary notifies the Committees on 

Appropriation of the House and Senate, and the members of Congress from the State in which the office is located of the proposed 

closure or relocation and provides a report that describes the justifications for such closures and relocations. 

SEC. 715. None of the funds made available to the Food and 

Drug Administration by this Act shall be used to close or relocate, 

or to plan to close or relocate, the Food and Drug Administration 

Division of Pharmaceutical Analysis in St. Louis, Missouri, outside 

the city or county limits of St. Louis, Missouri. 

Deadline. 

Notification. 

Reports. 


dkrause on GSDDPC29 with PUBLIC LAWS
123 STAT. 556 PUBLIC LAW 111–8—MAR. 11, 2009 

SEC. 716. There is hereby appropriated $434,000, to remain 

available until expended, for the Denali Commission to address 

deficiencies in solid waste disposal sites which threaten to contaminate rural drinking water supplies. 

SEC. 717. None of the funds appropriated or otherwise made 

available by this or any other Act shall be used to pay the salaries 

and expenses of personnel to carry out an environmental quality 

incentives program authorized by chapter 4 of subtitle D of title 

XII of the Food Security Act of 1985 (16 U.S.C. 3839aa, et seq.) 

in excess of $1,067,000,000. 

SEC. 718. None of the funds made available in fiscal year 

2009 or preceding fiscal years for programs authorized under the 

Food for Peace Act (7 U.S.C. 1691 et seq.) in excess of $20,000,000 

shall be used to reimburse the Commodity Credit Corporation for 

the release of eligible commodities under section 302(f)(2)(A) of 

the Bill Emerson Humanitarian Trust Act (7 U.S.C. 1736f–1): Provided, That any such funds made available to reimburse the Commodity Credit Corporation shall only be used pursuant to section 

302(b)(2)(B)(i) of the Bill Emerson Humanitarian Trust Act. 

SEC. 719. No funds shall be used to pay salaries and expenses 

of the Department of Agriculture to carry out or administer the 

program authorized by section 14(h)(1) of the Watershed Protection 

and Flood Prevention Act (16 U.S.C. 1012(h)(1)). 

SEC. 720. Funds made available under section 1240I and section 

1241(a) of the Food Security Act of 1985 and section 524(b) of 

the Federal Crop Insurance Act (7 U.S.C. 1524(b)) in the current 

fiscal year shall remain available until expended to disburse obligations made in the current fiscal year. 

SEC. 721. Unless otherwise authorized by existing law, none 

of the funds provided in this Act, may be used by an executive 

branch agency to produce any prepackaged news story intended 

for broadcast or distribution in the United States unless the story 

includes a clear notification within the text or audio of the prepackaged news story that the prepackaged news story was prepared 

or funded by that executive branch agency. 

SEC. 722. Notwithstanding any other provision of law, any 

former RUS borrower that has repaid or prepaid an insured, direct 

or guaranteed loan under the Rural Electrification Act, or any 

not-for-profit utility that is eligible to receive an insured or direct 

loan under such Act, shall be eligible for assistance under section 

313(b)(2)(B) of such Act in the same manner as a borrower under 

such Act. 

SEC. 723. None of the funds appropriated or otherwise made 

available by this or any other Act shall be used to pay the salaries 

and expenses of personnel to carry out a program under subsection 

(b)(2)(A)(i) of section 14222 of Public Law 110–246 in excess of 

$1,071,530,000: Provided, That none of the funds made available 

in this Act or any other Act shall be used for salaries and expenses 

to carry out section 19(i)(1)(B) of the Richard B. Russell National 

School Lunch Act as amended by section 4304 of Public Law 110– 

246 in excess of $16,000,000 until October 1, 2009: Provided further, 

of the unobligated balances under section 32 of the Act of August 

24, 1935, $293,530,000 are hereby rescinded. 

SEC. 724. Notwithstanding any other provision of law, the 

Secretary of Agriculture is authorized to make funding and other 

assistance available through the emergency watershed protection 

program under section 403 of the Agricultural Credit Act of 1978 

Waiver authority. 

News stories. 


dkrause on GSDDPC29 with PUBLIC LAWS
PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 557 

(16 U.S.C. 2203) to repair and prevent damage to non-Federal 

land in watersheds that have been impaired by fires initiated by 

the Federal Government and shall waive cost sharing requirements 

for the funding and assistance. 

SEC. 725. There is hereby appropriated $3,497,000, to remain 

available until expended, for a grant to the National Center for 

Natural Products Research for construction or renovation to carry 

out the research objectives of the natural products research grant 

issued by the Food and Drug Administration. 

SEC. 726. There is hereby appropriated $469,000, to remain 

available until expended, for the planning and design of construction 

of an agriculture pest facility in the State of Hawaii. 

SEC. 727. None of the funds made available in this Act may 

be used to establish or implement a rule allowing poultry products 

to be imported into the United States from the People’s Republic 

of China. 

SEC. 728. There is hereby appropriated $794,000 to the Farm 

Service Agency to carry out a pilot program to demonstrate the 

use of new technologies that increase the rate of growth of reforested hardwood trees on private non-industrial forests lands, 

enrolling lands on the coast of the Gulf of Mexico that were damaged 

by Hurricane Katrina in 2005. 

SEC. 729. None of the funds made available to the Department 

of Agriculture in this Act may be used to implement the riskbased inspection program in the 30 prototype locations announced 

on February 22, 2007, by the Under Secretary for Food Safety, 

or at any other locations, until the USDA Office of Inspector General 

has provided its findings to the Food Safety and Inspection Service 

and the Committees on Appropriations of the House of Representatives and the Senate on the data used in support of the development 

and design of the risk-based inspection program and FSIS has 

addressed and resolved issues identified by OIG. 

SEC. 730. Notwithstanding any other provision of law, and 

until receipt of the decennial Census in the year 2010, the Secretary 

of Agriculture shall consider— 

(1) the City of Palmview, Texas; the City of Pharr, Texas; 

the City of Hidalgo, Texas; the City of Alton, Texas; the City 

of La Joya, Texas; the City of Penitas, Texas; the City of 

Schertz, Texas; the City of Converse, Texas; the City of Cibolo, 

Texas; and the Township of Bern, Pennsylvania (including 

individuals and entities with projects within the cities), eligible 

for loans and grants funded through the Rural Business Program account; 

(2) the County of Nueces, Texas (including individuals and 

entities with projects within the county), eligible under the 

Business and Industry Loan Guarantee Program for the purposes of financing a beef processing facility; 

(3) the City of Asheboro, North Carolina (including individuals and entities with projects within the city), eligible for 

loans and grants funded through the Rural Community Facilities Program account; 

(4) the City of Healdsburg, California; the City of Imperial, 

California; the City of Havelock, North Carolina; and the City 

of Newton, North Carolina (including individuals and entities 

with projects within the cities), eligible for loans and grants 

funded through the Rural Water and Waste Disposal Program 

account; and 

State listing. 


dkrause on GSDDPC29 with PUBLIC LAWS
123 STAT. 558 PUBLIC LAW 111–8—MAR. 11, 2009 

(5) the City of Aptos, California (including individuals and 

entities with projects within the city), eligible for loans and 

grants funded under the housing programs of the Rural 

Housing Service. 

SEC. 731. There is hereby appropriated $2,347,000 for section 

4404 of Public Law 107–171. 

SEC. 732. Notwithstanding any other provision of law, there 

is hereby appropriated: 

(1) $1,877,000 of which $1,408,000 shall be for a grant 

to the Wisconsin Department of Agriculture, Trade, and Consumer Protection, and $469,000 shall be for a grant to the 

Vermont Agency of Agriculture, Foods, and Markets, as authorized by section 6402 of the Farm Security and Rural Investment 

Act of 2002 (7 U.S.C. 1621 note); 

(2) $338,000 for a grant to the Wisconsin Department of 

Agriculture, Trade and Consumer Protection; and 

(3) $94,000 for a grant to the Graham Avenue Business 

Improvement District in the State of New York. 

SEC. 733. Section 382K(c) of the Consolidated Farm and Rural 

Development Act (7 U.S.C. 2009aa–10(c)) is repealed. 

SEC. 734. Notwithstanding any other provision of law, the 

Natural Resources Conservation Service shall provide financial and 

technical assistance— 

(1) through the Watershed and Flood Prevention Operations program for the Pocasset River Floodplain Management 

Project in the State of Rhode Island; 

(2) through the Watershed and Flood Prevention Operations program to carry out the East Locust Creek Watershed 

Plan Revision in Missouri, including up to 100 percent of the 

engineering assistance and 75 percent cost share for construction cost of site RW1; 

(3) through the Watershed and Flood Prevention Operations program to carry out the Little Otter Creek Watershed 

project in Missouri. The sponsoring local organization may 

obtain land rights by perpetual easements; 

(4) through the Watershed and Flood Prevention Operations program to carry out the Churchill Woods Dam Removal 

project in DuPage County, Illinois; 

(5) through the Watershed and Flood Prevention Operations program to carry out the Dunloup Creek Watershed 

Project in Fayette and Raleigh Counties, West Virginia; 

(6) through the Watershed and Flood Prevention Operations program to carry out the Alameda Creek Watershed 

Project in Alameda County, California; 

(7) through the Watershed and Flood Prevention Operations program to carry out the Colgan Creek Restoration 

project in Sonoma County, California; 

(8) through the Watershed and Flood Prevention Operations program to carry out the Hurricane Katrina-Related 

Watershed Restoration project in Jackson County, Mississippi; 

(9) through the Watershed and Flood Prevention Operations program to carry out the Lake George Watershed Protection project in Warren County, New York; and 

(10) through the Watershed and Flood Prevention Operations program to carry out the Pidcock-Mill Creeks Watershed 

project in Bucks County, Pennsylvania. 

7 USC 

2009aa–10. 

State listing. 


dkrause on GSDDPC29 with PUBLIC LAWS
PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 559 

SEC. 735. Section 17(r)(5) of the Richard B. Russell National 

School Lunch Act (42 U.S.C. 1766(r)(5)) is amended— 

(1) by striking ‘‘eight’’ and inserting ‘‘ten’’; 

(2) by striking ‘‘six’’ and inserting ‘‘eight’’; and 

(3) by inserting ‘‘Vermont, Maryland,’’ after the first 

instance of ‘‘States shall be’’. 

SEC. 736. Notwithstanding any other provision of law, for the 

purposes of a grant under section 412 of the Agricultural Research, 

Extension, and Education Reform Act of 1998, none of the funds 

in this or any other Act may be used to prohibit the provision 

of in-kind support from non-Federal sources under section 412(e)(3) 

in the form of unrecovered indirect costs not otherwise charged 

against the grant, consistent with the indirect rate of cost approved 

for a recipient. 

SEC. 737. None of the funds made available by this Act may 

be used to pay the salaries and expenses of any individual to 

conduct any activities that would allow the importation into the 

United States of any ruminant or swine, or any fresh (including 

chilled or frozen) meat or product of any ruminant or swine, that 

is born, raised, or slaughtered in Argentina: Provided, That this 

section shall not prevent the Secretary from conducting all necessary activities to review this proposal and issue a report on 

the findings to the Committees on Appropriations of the House 

and Senate: Provided further, That this section shall only have 

effect until the Secretary of Agriculture has reviewed the domestic 

animal health aspects of the pending proposal to allow the importation of such products into the United States and has issued a 

report to the Committees on the findings of such review. 

SEC. 738. Except as otherwise specifically provided by law, 

unobligated balances remaining available at the end of the fiscal 

year from appropriations made available for salaries and expenses 

in this Act for the Farm Service Agency and the Rural Development 

mission area, shall remain available through September 30, 2010, 

for information technology expenses. 

SEC. 739. None of the funds made available in this Act may 

be used to pay the salaries or expenses of personnel to— 

(1) inspect horses under section 3 of the Federal Meat 

Inspection Act (21 U.S.C. 603); 

(2) inspect horses under section 903 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901 

note; Public Law 104–127); or 

(3) implement or enforce section 352.19 of title 9, Code 

of Federal Regulations. 

This division may be cited as the ‘‘Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2009’’. 

Time period. 

Reports. 

Reports. 

Meats and meat 

products. 

Argentina. 


dkrause on GSDDPC29 with PUBLIC LAWS
123 STAT. 560 PUBLIC LAW 111–8—MAR. 11, 2009 

DIVISION B—COMMERCE, JUSTICE, SCIENCE, AND 

RELATED AGENCIES APPROPRIATIONS ACT, 2009 

TITLE I 

DEPARTMENT OF COMMERCE 

INTERNATIONAL TRADE ADMINISTRATION

OPERATIONS AND ADMINISTRATION

For necessary expenses for international trade activities of 

the Department of Commerce provided for by law, and for engaging 

in trade promotional activities abroad, including expenses of grants 

and cooperative agreements for the purpose of promoting exports 

of United States firms, without regard to 44 U.S.C. 3702 and 

3703; full medical coverage for dependent members of immediate 

families of employees stationed overseas and employees temporarily 

posted overseas; travel and transportation of employees of the International Trade Administration between two points abroad, without 

regard to 49 U.S.C. 40118; employment of Americans and aliens 

by contract for services; rental of space abroad for periods not 

exceeding 10 years, and expenses of alteration, repair, or improvement; purchase or construction of temporary demountable exhibition 

structures for use abroad; payment of tort claims, in the manner 

authorized in the first paragraph of 28 U.S.C. 2672 when such 

claims arise in foreign countries; not to exceed $327,000 for official 

representation expenses abroad; purchase of passenger motor 

vehicles for official use abroad, not to exceed $45,000 per vehicle; 

obtaining insurance on official motor vehicles; and rental of tie 

lines, $429,870,000, to remain available until September 30, 2010, 

of which $9,439,000 is to be derived from fees to be retained 

and used by the International Trade Administration, notwithstanding 31 U.S.C. 3302: Provided, That not less than $48,592,000 

shall be for Manufacturing and Services; not less than $42,332,000 

shall be for Market Access and Compliance; not less than 

$66,357,000 shall be for the Import Administration of which 

$5,900,000 shall be for the Office of China Compliance; not less 

than $237,739,000 shall be for the United States and Foreign 

Commercial Service; and not less than $25,411,000 shall be for 

Executive Direction and Administration: Provided further, That the 

provisions of the first sentence of section 105(f) and all of section 

108(c) of the Mutual Educational and Cultural Exchange Act of 

1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out 

these activities without regard to section 5412 of the Omnibus 

Trade and Competitiveness Act of 1988 (15 U.S.C. 4912); and that 

for the purpose of this Act, contributions under the provisions 

of the Mutual Educational and Cultural Exchange Act of 1961 

shall include payment for assessments for services provided as 

part of these activities: Provided further, That the International 

Trade Administration shall be exempt from the requirements of 

Circular A–25 (or any successor administrative regulation or policy) 

issued by the Office of Management and Budget: Provided further, That negotiations shall be conducted within the World Trade 

Organization to recognize the right of members to distribute monies 

collected from antidumping and countervailing duties: Provided further, That negotiations shall be conducted within the World Trade 

Organization consistent with the negotiating objectives contained 

Negotiations. 

Exemption. 

Applicability. 

Commerce, 

Justice, Science, 

and Related 

Agencies 

Appropriations 

Act, 2009. 

Department of 

Commerce 

Appropriations 

Act, 2009. 


dkrause on GSDDPC29 with PUBLIC LAWS
PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 561 

in the Trade Act of 2002, Public Law 107–210: Provided further, That within the amounts appropriated, $4,400,000 shall be used 

for the projects, and in the amounts, specified in the explanatory 

statement described in section 4 (in the matter preceding division 

A of this consolidated Act). 

BUREAU OF INDUSTRY AND SECURITY

OPERATIONS AND ADMINISTRATION

For necessary expenses for export administration and national 

security activities of the Department of Commerce, including costs 

associated with the performance of export administration field 

activities both domestically and abroad; full medical coverage for 

dependent members of immediate families of employees stationed 

overseas; employment of Americans and aliens by contract for services abroad; payment of tort claims, in the manner authorized 

in the first paragraph of 28 U.S.C. 2672 when such claims arise 

in foreign countries; not to exceed $15,000 for official representation 

expenses abroad; awards of compensation to informers under the 

Export Administration Act of 1979, and as authorized by 22 U.S.C. 

401(b); and purchase of passenger motor vehicles for official use 

and motor vehicles for law enforcement use with special requirement vehicles eligible for purchase without regard to any price 

limitation otherwise established by law, $83,676,000, to remain 

available until expended, of which $14,767,000 shall be for inspections and other activities related to national security: Provided, 

That the provisions of the first sentence of section 105(f) and all 

of section 108(c) of the Mutual Educational and Cultural Exchange 

Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying 

out these activities: Provided further, That payments and contributions collected and accepted for materials or services provided as 

part of such activities may be retained for use in covering the 

cost of such activities, and for providing information to the public 

with respect to the export administration and national security 

activities of the Department of Commerce and other export control 

programs of the United States and other governments. 

ECONOMIC DEVELOPMENT ADMINISTRATION

ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

For grants for economic development assistance as provided 

by the Public Works and Economic Development Act of 1965, and 

for trade adjustment assistance, $240,000,000, to remain available 

until expended: Provided, That of the amounts provided, no more 

than $4,000,000 may be transferred to ‘‘Economic Development 

Administration, Salaries and Expenses’’ to conduct management 

oversight and administration of public works grants. 

SALARIES AND EXPENSES

For necessary expenses of administering the economic development assistance programs as provided for by law, $32,800,000: 

Provided, That these funds may be used to monitor projects 

approved pursuant to title I of the Public Works Employment 

Act of 1976, title II of the Trade Act of 1974, and the Community 

Emergency Drought Relief Act of 1977. 

Applicability. 


dkrause on GSDDPC29 with PUBLIC LAWS
123 STAT. 562 PUBLIC LAW 111–8—MAR. 11, 2009 

MINORITY BUSINESS DEVELOPMENT AGENCY

MINORITY BUSINESS DEVELOPMENT

For necessary expenses of the Department of Commerce in 

fostering, promoting, and developing minority business enterprise, 

including expenses of grants, contracts, and other agreements with 

public or private organizations, $29,825,000: Provided, That within 

the amounts appropriated, $825,000 shall be used for the projects, 

and in the amounts, specified in the explanatory statement 

described in section 4 (in the matter preceding division A of this 

consolidated Act). 

ECONOMIC AND STATISTICAL ANALYSIS

SALARIES AND EXPENSES

For necessary expenses, as authorized by law, of economic 

and statistical analysis programs of the Department of Commerce, 

$90,621,000, to remain available until September 30, 2010. 

BUREAU OF THE CENSUS

SALARIES AND EXPENSES

For expenses necessary for collecting, compiling, analyzing, preparing, and publishing statistics, provided for by law, $233,588,000. 

PERIODIC CENSUSES AND PROGRAMS

For necessary expenses to collect and publish statistics for 

periodic censuses and programs provided for by law, $2,906,262,000, 

to remain available until September 30, 2010: Provided, That none 

of the funds provided in this or any other Act for any fiscal year 

may be used for the collection of census data on race identification 

that does not include ‘‘some other race’’ as a category: Provided 

further, That from amounts provided herein, funds may be used 

for additional promotion, outreach, and marketing activities: Provided further, That none of the funds made available in this Act 

shall be used for the conduct of sweepstakes in the 2010 Decennial 

Census. 

NATIONAL TELECOMMUNICATIONS AND INFORMATION

ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses, as provided for by law, of the National 

Telecommunications and Information Administration (NTIA), 

$19,218,000, to remain available until September 30, 2010: Provided, That, notwithstanding 31 U.S.C. 1535(d), the Secretary of 

Commerce shall charge Federal agencies for costs incurred in spectrum management, analysis, operations, and related services, and 

such fees shall be retained and used as offsetting collections for 

costs of such spectrum services, to remain available until expended: 

Provided further, That the Secretary of Commerce is authorized 

to retain and use as offsetting collections all funds transferred, 

or previously transferred, from other Government agencies for all 

costs incurred in telecommunications research, engineering, and 

13 USC 5 note. 


dkrause on GSDDPC29 with PUBLIC LAWS
PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 563 

related activities by the Institute for Telecommunication Sciences 

of NTIA, in furtherance of its assigned functions under this paragraph, and such funds received from other Government agencies 

shall remain available until expended. 

PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND

CONSTRUCTION

For the administration of grants, authorized by section 392 

of the Communications Act of 1934, $20,000,000, to remain available 

until expended as authorized by section 391 of the Act: Provided, 

That not to exceed $2,000,000 shall be available for program 

administration as authorized by section 391 of the Act: Provided 

further, That, notwithstanding the provisions of section 391 of the 

Act, the prior year unobligated balances may be made available 

for grants for projects for which applications have been submitted 

and approved during any fiscal year. 

UNITED STATES PATENT AND TRADEMARK OFFICE

SALARIES AND EXPENSES

For necessary expenses of the United States Patent and Trademark Office (USPTO) provided for by law, including defense of 

suits instituted against the Under Secretary of Commerce for 

Intellectual Property and Director of the United States Patent 

and Trademark Office, $2,010,100,000, to remain available until 

expended: Provided, That the sum herein appropriated from the 

general fund shall be reduced as offsetting collections assessed 

and collected pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 and 

376 are received during fiscal year 2009, so as to result in a 

fiscal year 2009 appropriation from the general fund estimated 

at $0: Provided further, That during fiscal year 2009, should the 

total amount of offsetting fee collections be less than $2,010,100,000, 

this amount shall be reduced accordingly: Provided further, That 

$750,000 may be transferred to ‘‘Departmental Management, Salaries and Expenses’’ for activities associated with the National 

Intellectual Property Law Enforcement Coordination Council: Provided further, That from amounts provided herein, not to exceed 

$1,000 shall be made available in fiscal year 2009 for official reception and representation expenses: Provided further, That of the 

amounts provided to the USPTO within this account, $5,000,000 

shall not become available for obligation until the Director of the 

USPTO has completed a comprehensive review of the assumptions 

behind the patent examiner expectancy goals and adopted a revised 

set of expectancy goals for patent examination: Provided further, 

That in fiscal year 2009 from the amounts made available for 

‘‘Salaries and Expenses’’ for the USPTO, the amounts necessary 

to pay: (1) the difference between the percentage of basic pay 

contributed by the USPTO and employees under section 8334(a) 

of title 5, United States Code, and the normal cost percentage 

(as defined by section 8331(17) of that title) of basic pay, of 

employees subject to subchapter III of chapter 83 of that title; 

and (2) the present value of the otherwise unfunded accruing costs, 

as determined by the Office of Personnel Management, of postretirement life insurance and post-retirement health benefits coverage for all USPTO employees, shall be transferred to the Civil 


dkrause on GSDDPC29 with PUBLIC LAWS
123 STAT. 564 PUBLIC LAW 111–8—MAR. 11, 2009 

Service Retirement and Disability Fund, the Employees Life Insurance Fund, and the Employees Health Benefits Fund, as appropriate, and shall be available for the authorized purposes of those 

accounts: Provided further, That sections 801, 802, and 803 of 

division B, Public Law 108–447 shall remain in effect during fiscal 

year 2009: Provided further, That the Director may, this year, 

reduce by regulation fees payable for documents in patent and 

trademark matters, in connection with the filing of documents 

filed electronically in a form prescribed by the Director: Provided 

further, That $2,000,000 shall be transferred to Office of Inspector 

General for activities associated with carrying out investigations 

and audits related to the USPTO: Provided further, That from 

the amounts provided herein, no less than $4,000,000 shall be 

available only for the USPTO contribution in a cooperative or 

joint agreement or agreements with a non-profit organization or 

organizations, successfully audited within the previous year, and 

with previous experience in such programs, to conduct policy 

studies, including studies relating to activities of United Nations 

Specialized agencies and other international organizations, as well 

as conferences and other development programs, in support of fair 

international protection of intellectual property rights. 

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

For necessary expenses of the National Institute of Standards 

and Technology, $472,000,000, to remain available until expended, 

of which not to exceed $9,000,000 may be transferred to the 

‘‘Working Capital Fund’’: Provided, That not to exceed $5,000 shall 

be for official reception and representation expenses: Provided further, That within the amounts appropriated, $3,000,000 shall be 

used for the projects, and in the amounts, specified in the explanatory statement described in section 4 (in the matter preceding 

division A of this consolidated Act). 

INDUSTRIAL TECHNOLOGY SERVICES

For necessary expenses of the Hollings Manufacturing Extension Partnership of the National Institute of Standards and Technology, $110,000,000, to remain available until expended. In addition, for necessary expenses of the Technology Innovation Program 

of the National Institute of Standards and Technology, $65,000,000, 

to remain available until expended. 

CONSTRUCTION OF RESEARCH FACILITIES

For construction of new research facilities, including architectural and engineering design, and for renovation and maintenance 

of existing facilities, not otherwise provided for the National 

Institute of Standards and Technology, as authorized by 15 U.S.C. 

278c–278e, $172,000,000, to remain available until expended, of 

which $30,000,000 is for a competitive construction grant program 

for research science buildings: Provided, That within the amounts 

appropriated, $44,000,000 shall be used for the projects, and in 

the amounts, specified in the explanatory statement described in 

section 4 (in the matter preceding division A of this consolidated 

Budget estimate. Act): Provided further, That the Secretary of Commerce shall include 

15 USC 15136 

note. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 565 

in the budget justification materials that the Secretary submits 

to Congress in support of the Department of Commerce budget 

(as submitted with the budget of the President under section 1105(a) 

of title 31, United States Code) an estimate for each National 

Institute of Standards and Technology construction project having 

a total multi-year program cost of more than $5,000,000 and 

simultaneously the budget justification materials shall include an 

estimate of the budgetary requirements for each such project for 

each of the five subsequent fiscal years. 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

OPERATIONS, RESEARCH, AND FACILITIES

(INCLUDING TRANSFERS OF FUNDS) 

For necessary expenses of activities authorized by law for the 

National Oceanic and Atmospheric Administration, including 

maintenance, operation, and hire of aircraft and vessels; grants, 

contracts, or other payments to nonprofit organizations for the 

purposes of conducting activities pursuant to cooperative agreements; and relocation of facilities, $3,045,549,000, to remain available until September 30, 2010, except for funds provided for cooperative enforcement, which shall remain available until September 

30, 2011: Provided, That fees and donations received by the National 

Ocean Service for the management of national marine sanctuaries 

may be retained and used for the salaries and expenses associated 

with those activities, notwithstanding 31 U.S.C. 3302: Provided 

further, That in addition, $3,000,000 shall be derived by transfer 

from the fund entitled ‘‘Coastal Zone Management’’ and in addition 

$79,000,000 shall be derived by transfer from the fund entitled 

‘‘Promote and Develop Fishery Products and Research Pertaining 

to American Fisheries’’: Provided further, That of the $3,133,549,000 

provided for in direct obligations under this heading $3,045,549,000 

is appropriated from the general fund, $82,000,000 is provided 

by transfer, and $6,000,000 is derived from recoveries of prior 

year obligations: Provided further, That the total amount available 

for the National Oceanic and Atmospheric Administration corporate 

services administrative support costs shall not exceed $226,809,000: 

Provided further, That payments of funds made available under 

this heading to the Department of Commerce Working Capital 

Fund including Department of Commerce General Counsel legal 

services shall not exceed $36,583,000: Provided further, That within 

the amounts appropriated, $129,970,000 shall be used for the 

projects, and in the amounts, specified in the explanatory statement 

described in section 4 (in the matter preceding division A of this 

consolidated Act): Provided further, That any deviation from the 

amounts designated for specific activities in the report accompanying this Act, or any use of deobligated balances of funds provided under this heading in previous years, shall be subject to 

the procedures set forth in section 505 of this Act: Provided further, 

That in allocating grants under sections 306 and 306A of the 

Coastal Zone Management Act of 1972, as amended, no coastal 

State shall receive more than 5 percent or less than 1 percent 

of increased funds appropriated over the previous fiscal year: Provided further, That the number of authorized officers in the NOAA 

Commissioned Officer Corps shall remain at 321 until such time 

as section 6 of Public Law 110–386 takes effect. 

Authorized 

positions. 

Grants. 


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In addition, for necessary retired pay expenses under the 

Retired Serviceman’s Family Protection and Survivor Benefits Plan, 

and for payments for the medical care of retired personnel and 

their dependents under the Dependents Medical Care Act (10 U.S.C. 

55), such sums as may be necessary. 

PROCUREMENT, ACQUISITION AND CONSTRUCTION

For procurement, acquisition and construction of capital assets, 

including alteration and modification costs, of the National Oceanic 

and Atmospheric Administration, $1,243,647,000, to remain available until September 30, 2011, except funds provided for construction of facilities which shall remain available until expended: Provided, That of the $1,245,647,000 provided for in direct obligations 

under this heading $1,243,647,000 is appropriated from the general 

fund and $2,000,000 is provided from recoveries of prior year obligations: Provided further, That of the amounts provided for the 

National Polar-orbiting Operational Environmental Satellite 

System, funds shall only be made available on a dollar-for-dollar 

matching basis with funds provided for the same purpose by the 

Department of Defense: Provided further, That except to the extent 

expressly prohibited by any other law, the Department of Defense 

may delegate procurement functions related to the National Polarorbiting Operational Environmental Satellite System to officials 

of the Department of Commerce pursuant to section 2311 of title 

10, United States Code: Provided further, That any deviation from 

the amounts designated for specific activities in the report accompanying this Act, or any use of deobligated balances of funds provided under this heading in previous years, shall be subject to 

the procedures set forth in section 505 of this Act: Provided further, 

That within the amounts appropriated, $29,610,000 shall be used 

for the projects, and in the amounts, specified in the explanatory 

statement described in section 4 (in the matter preceding division 

A of this consolidated Act). 

PACIFIC COASTAL SALMON RECOVERY

For necessary expenses associated with the restoration of 

Pacific salmon populations, $80,000,000, to remain available until 

September 30, 2010: Provided, That of the funds provided herein 

the Secretary of Commerce may issue grants to the States of Washington, Oregon, Idaho, Nevada, California, and Alaska, and Federally-recognized tribes of the Columbia River and Pacific Coast for 

projects necessary for restoration of salmon and steelhead populations that are listed as threatened or endangered, or identified 

by a State as at-risk to be so-listed, for maintaining populations 

necessary for exercise of tribal treaty fishing rights or native 

subsistence fishing, or for conservation of Pacific coastal salmon 

and steelhead habitat, based on guidelines to be developed by 

the Secretary of Commerce: Provided further, That funds disbursed 

to States shall be subject to a matching requirement of funds 

or documented in-kind contributions of at least 33 percent of the 

Federal funds. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 567 

COASTAL ZONE MANAGEMENT FUND

(INCLUDING TRANSFER OF FUNDS) 

Of amounts collected pursuant to section 308 of the Coastal 

Zone Management Act of 1972 (16 U.S.C. 1456a), not to exceed 

$3,000,000 shall be transferred to the ‘‘Operations, Research, and 

Facilities’’ account to offset the costs of implementing such Act. 

FISHERIES FINANCE PROGRAM ACCOUNT

Subject to section 502 of the Congressional Budget Act of 1974, 

during fiscal year 2009, obligations of direct loans may not exceed 

$8,000,000 for Individual Fishing Quota loans and not to exceed 

$59,000,000 for traditional direct loans as authorized by the Merchant Marine Act of 1936: Provided, That none of the funds made 

available under this heading may be used for direct loans for 

any new fishing vessel that will increase the harvesting capacity 

in any United States fishery. 

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

For expenses necessary for the departmental management of 

the Department of Commerce provided for by law, including not 

to exceed $5,000 for official entertainment, $53,000,000: Provided, 

That the Secretary, within 120 days of enactment of this Act, 

shall provide a report to the Committees on Appropriations that 

audits and evaluates all decision documents and expenditures by 

the Bureau of the Census as they relate to the 2010 Census: 

Provided further, That of the amounts provided to the Secretary 

within this account, $5,000,000 shall not become available for 

obligation until the Secretary certifies to the Committees on Appropriations that the Bureau of the Census has followed and met 

all standards and best practices, and all Office of Management 

and Budget guidelines related to information technology projects 

and contract management. 

HERBERT C. HOOVER BUILDING RENOVATION AND MODERNIZATION

For expenses necessary, including blast windows, for the renovation and modernization of the Herbert C. Hoover Building, 

$5,000,000, to remain available until expended. 

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.), $25,800,000. 

GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

(INCLUDING TRANSFER OF FUNDS) 

SEC. 101. During the current fiscal year, applicable appropriations and funds made available to the Department of Commerce 

by this Act shall be available for the activities specified in the 

Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in 

the manner prescribed by the Act, and, notwithstanding 31 U.S.C. 

Certification. 

Deadline. 

Reports. 


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123 STAT. 568 PUBLIC LAW 111–8—MAR. 11, 2009 

3324, may be used for advanced payments not otherwise authorized 

only upon the certification of officials designated by the Secretary 

of Commerce that such payments are in the public interest. 

SEC. 102. During the current fiscal year, appropriations made 

available to the Department of Commerce by this Act for salaries 

and expenses shall be available for hire of passenger motor vehicles 

as authorized by 31 U.S.C. 1343 and 1344; services as authorized 

by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized 

by law (5 U.S.C. 5901–5902). 

SEC. 103. Not to exceed 5 percent of any appropriation made 

available for the current fiscal year for the Department of Commerce 

in this Act may be transferred between such appropriations, but 

no such appropriation shall be increased by more than 10 percent 

by any such transfers: Provided, That any transfer pursuant to 

this section shall be treated as a reprogramming of funds under 

section 505 of this Act and shall not be available for obligation 

or expenditure except in compliance with the procedures set forth 

in that section: Provided further, That the Secretary of Commerce 

shall notify the Committees on Appropriations at least 15 days 

in advance of the acquisition or disposal of any capital asset 

(including land, structures, and equipment) not specifically provided 

for in this Act or any other law appropriating funds for the Department of Commerce: Provided further, That for the National Oceanic 

and Atmospheric Administration this section shall provide for transfers among appropriations made only to the National Oceanic and 

Atmospheric Administration and such appropriations may not be 

transferred and reprogrammed to other Department of Commerce 

bureaus and appropriation accounts. 

SEC. 104. Any costs incurred by a department or agency funded 

under this title resulting from personnel actions taken in response 

to funding reductions included in this title or from actions taken 

for the care and protection of loan collateral or grant property 

shall be absorbed within the total budgetary resources available 

to such department or agency: Provided, That the authority to 

transfer funds between appropriations accounts as may be necessary 

to carry out this section is provided in addition to authorities 

included elsewhere in this Act: Provided further, That use of funds 

to carry out this section shall be treated as a reprogramming 

of funds under section 505 of this Act and shall not be available 

for obligation or expenditure except in compliance with the procedures set forth in that section. 

SEC. 105. Hereafter, notwithstanding any other provision of 

law, no funds appropriated under this Act or any other Act shall 

be used to register, issue, transfer, or enforce any trademark of 

the phrase ‘‘Last Best Place’’. 

SEC. 106. Hereafter, the Secretary of Commerce is permitted 

to prescribe and enforce standards or regulations affecting safety 

and health in the context of scientific and occupational diving 

within the National Oceanic and Atmospheric Administration. 

SEC. 107. The requirements set forth by section 112 of division 

B of Public Law 110–161 are hereby adopted by reference. 

SEC. 108. Notwithstanding any other law, the Secretary may 

furnish services (including but not limited to utilities, telecommunications, and security services) necessary to support the operation, 

maintenance, and improvement of space that persons, firms or 

organizations are authorized pursuant to the Public Buildings 

Cooperative Use Act of 1976 or other authority to use or occupy 

Incorporation by 

reference. 

33 USC 878a 

note. 

Regulations. 

Diving. 

33 USC 878b. 

Notification. 

Deadline. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 569 

in the Herbert C. Hoover Building, Washington, D.C., or other 

buildings, the maintenance, operation, and protection of which has 

been delegated to the Secretary from the Administrator of General 

Services pursuant to the Federal Property and Administrative Services Act of 1949, as amended, on a reimbursable or non-reimbursable basis. Amounts received as reimbursement for services provided under this section or the authority under which the use 

or occupancy of the space is authorized, up to $200,000, shall 

be credited to the appropriation or fund which initially bears the 

costs of such services. 

SEC. 109. The amounts made available under section 213 of 

Public Law 108–199 for a New England lobster fishing capacity 

reduction program shall be available for transfer by the National 

Oceanic and Atmospheric Administration from the Fisheries 

Finance Program Account to the Operations, Research, and Facilities appropriation, to remain available until expended, for the 

Southern New England Cooperative Research Initiative for cooperative research, marine debris removal, and gear modification for 

conservation in Rhode Island. 

SEC. 110. Section (d)(2)(A) of title 16 U.S.C. 3645 is amended 

by inserting ‘‘Nevada,’’ after ‘‘Idaho,’’. 

SEC. 111. With the consent of the President, the Secretary 

of Commerce shall represent the United States Government in 

negotiating and monitoring international agreements regarding 

fisheries, marine mammals, or sea turtles: Provided, That the Secretary of Commerce shall be responsible for the development and 

interdepartmental coordination of the policies of the United States 

with respect to the international negotiations and agreements 

referred to in this section. 

This title may be cited as the ‘‘Department of Commerce Appropriations Act, 2009’’. 

TITLE II 

DEPARTMENT OF JUSTICE 

GENERAL ADMINISTRATION

SALARIES AND EXPENSES

For expenses necessary for the administration of the Department of Justice, $105,805,000, of which not to exceed $4,000,000 

for security and construction of Department of Justice facilities 

shall remain available until expended: Provided, That the Attorney 

General is authorized to transfer funds appropriated within General 

Administration to any office in this account: Provided further, That 

$13,213,000 is for Department Leadership; $7,834,000 is for Intergovernmental Relations/External Affairs; $12,254,000 is for Executive Support/Professional Responsibility; and $72,504,000 is for the 

Justice Management Division: Provided further, That any change 

in amounts specified in the preceding proviso greater than 5 percent 

shall be submitted for approval to the House and Senate Committees on Appropriations consistent with the terms of section 505 

of this Act: Provided further, That this transfer authority is in 

addition to transfers authorized under section 505 of this Act. 

Department of 

Justice 

Appropriations 

Act, 2009. 

President. 


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JUSTICE INFORMATION SHARING TECHNOLOGY

For necessary expenses for information sharing technology, 

including planning, development, deployment and departmental 

direction, $80,000,000, to remain available until expended, of which 

$7,132,000 is for the unified financial management system. 

TACTICAL LAW ENFORCEMENT WIRELESS COMMUNICATIONS

For the costs of developing and implementing a nation-wide 

Integrated Wireless Network supporting Federal law enforcement, 

and for the costs of operations and maintenance of existing Land 

Mobile Radio legacy systems, $185,000,000, to remain available 

until expended: Provided, That the Attorney General shall transfer 

to this account all funds made available to the Department of 

Justice for the purchase of portable and mobile radios: Provided 

further, That any transfer made under the preceding proviso shall 

be subject to section 505 of this Act. 

ADMINISTRATIVE REVIEW AND APPEALS

For expenses necessary for the administration of pardon and clemency petitions and immigration-related activities, $270,000,000, 

of which $4,000,000 shall be derived by transfer from the Executive 

Office for Immigration Review fees deposited in the ‘‘Immigration 

Examinations Fee’’ account. 

DETENTION TRUSTEE

For necessary expenses of the Federal Detention Trustee, 

$1,295,319,000, to remain available until expended: Provided, That 

the Trustee shall be responsible for managing the Justice Prisoner 

and Alien Transportation System: Provided further, That not to 

exceed $5,000,000 shall be considered ‘‘funds appropriated for State 

and local law enforcement assistance’’ pursuant to 18 U.S.C. 

4013(b). 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General, 

$75,681,000, including not to exceed $10,000 to meet unforeseen 

emergencies of a confidential character. 

UNITED STATES PAROLE COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the United States Parole Commission 

as authorized, $12,570,000. 

LEGAL ACTIVITIES

SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

(INCLUDING TRANSFER OF FUNDS) 

For expenses necessary for the legal activities of the Department of Justice, not otherwise provided for, including not to exceed 

$20,000 for expenses of collecting evidence, to be expended under 

the direction of, and to be accounted for solely under the certificate 


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of, the Attorney General; and rent of private or Government-owned 

space in the District of Columbia, $804,007,000, of which not to 

exceed $10,000,000 for litigation support contracts shall remain 

available until expended: Provided, That of the total amount appro- priated, not to exceed $10,000 shall be available to the United 

States National Central Bureau, INTERPOL, for official reception 

and representation expenses: Provided further, That notwithstanding section 205 of this Act, upon a determination by the 

Attorney General that emergent circumstances require additional 

funding for litigation activities of the Civil Division, the Attorney 

General may transfer such amounts to ‘‘Salaries and Expenses, 

General Legal Activities’’ from available appropriations for the current fiscal year for the Department of Justice, as may be necessary 

to respond to such circumstances: Provided further, That any 

transfer pursuant to the previous proviso shall be treated as a 

reprogramming under section 505 of this Act and shall not be 

available for obligation or expenditure except in compliance with 

the procedures set forth in that section: Provided further, That 

of the amount appropriated, such sums as may be necessary shall 

be available 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): Provided further, That of the amounts provided under 

this heading for the Federal observer program $3,390,000 shall 

remain available until expended, of which $1,090,000, previously 

transferred to the Department of Justice by the Office of Personnel 

Management under section 126 of division A of Public Law 110– 

329, shall be transferred back to the Office of Personnel Management by the Department of Justice. 

In addition, for reimbursement of expenses of the Department 

of Justice associated with processing cases under the National 

Childhood Vaccine Injury Act of 1986, not to exceed $7,833,000, 

to be appropriated from the Vaccine Injury Compensation Trust 

Fund. 

SALARIES AND EXPENSES, ANTITRUST DIVISION

For expenses necessary for the enforcement of antitrust and kindred laws, $157,788,000, to remain available until expended: 

Provided, That notwithstanding any other provision of law, fees 

collected for premerger notification filings under the Hart-ScottRodino Antitrust Improvements Act of 1976 (15 U.S.C. 18a), regardless of the year of collection (and estimated to be $157,788,000 

in fiscal year 2009), shall be retained and used for necessary 

expenses in this appropriation, and shall remain available until 

expended: Provided further, That the sum herein appropriated from 

the general fund shall be reduced as such offsetting collections 

are received during fiscal year 2009, so as to result in a final 

fiscal year 2009 appropriation from the general fund estimated 

at $0. 

SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

For necessary expenses of the Offices of the United States 

Attorneys, including inter-governmental and cooperative agreements, $1,836,336,000: Provided, That of the total amount appropriated, not to exceed $8,000 shall be available for official reception 

and representation expenses: Provided further, That not to exceed 


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$25,000,000 shall remain available until expended: Provided further, That of the amount provided under this heading, not less than 

$33,600,000 shall be used for salaries and expenses for assistant 

U.S. Attorneys to carry out section 704 of the Adam Walsh Child 

Protection and Safety Act of 2006 (Public Law 109–248) concerning 

the prosecution of offenses relating to the sexual exploitation of 

children. 

UNITED STATES TRUSTEE SYSTEM FUND

For necessary expenses of the United States Trustee Program, as authorized, $217,416,000, to remain available until expended 

and to be derived from the United States Trustee System Fund: 

Provided, That notwithstanding any other provision of law, deposits 

to the Fund shall be available in such amounts as may be necessary 

to pay refunds due depositors: Provided further, That, notwithstanding any other provision of law, $160,000,000 of offsetting 

collections pursuant to 28 U.S.C. 589a(b) shall be retained and 

used for necessary expenses in this appropriation and shall remain 

available until expended: Provided further, That the sum herein 

appropriated from the Fund shall be reduced as such offsetting 

collections are received during fiscal year 2009, so as to result 

in a final fiscal year 2009 appropriation from the Fund estimated 

at $52,416,000. 

SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION

For expenses necessary to carry out the activities of the Foreign 

Claims Settlement Commission, including services as authorized 

by section 3109 of title 5, United States Code, $1,823,000. 

FEES AND EXPENSES OF WITNESSES

For fees and expenses of witnesses, for expenses of contracts 

for the procurement and supervision of expert witnesses, for private 

counsel expenses, including advances, and for expenses of foreign 

counsel, $168,300,000, to remain available until expended: Provided, That not to exceed $10,000,000 may be made available for construction of buildings for protected witness safesites: Provided further, That not to exceed $3,000,000 may be made available for the 

purchase and maintenance of armored and other vehicles for witness 

security caravans: Provided further, That not to exceed $9,000,000 

may be made available for the purchase, installation, maintenance, 

and upgrade of secure telecommunications equipment and a secure 

automated information network to store and retrieve the identities 

and locations of protected witnesses. 

SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE

For necessary expenses of the Community Relations Service, 

$9,873,000: Provided, That notwithstanding section 205 of this Act, 

upon a determination by the Attorney General that emergent circumstances require additional funding for conflict resolution and 

violence prevention activities of the Community Relations Service, 

the Attorney General may transfer such amounts to the Community 

Relations Service, from available appropriations for the current 

fiscal year for the Department of Justice, as may be necessary 

to respond to such circumstances: Provided further, That any 

transfer pursuant to the preceding proviso shall be treated as 


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a reprogramming under section 505 of this Act and shall not be 

available for obligation or expenditure except in compliance with 

the procedures set forth in that section. 

ASSETS FORFEITURE FUND

For expenses authorized by 28 U.S.C. 524(c)(1)(B), (F), and (G), $20,990,000, to be derived from the Department of Justice 

Assets Forfeiture Fund. 

UNITED STATES MARSHALS SERVICE

SALARIES AND EXPENSES

For necessary expenses of the United States Marshals Service, 

$950,000,000; of which not to exceed $30,000 shall be available 

for official reception and representation expenses; of which not 

to exceed $4,000,000 shall remain available until expended for 

information technology systems; and of which not less than 

$12,625,000 shall be available for the costs of courthouse security 

equipment, including furnishings, relocations, and telephone systems and cabling, and shall remain available until expended. 

CONSTRUCTION

For construction in space controlled, occupied or utilized by 

the United States Marshals Service for prisoner holding and related 

support, $4,000,000, to remain available until expended. 

NATIONAL SECURITY DIVISION

SALARIES AND EXPENSES

For expenses necessary to carry out the activities of the 

National Security Division, $83,789,000; of which not to exceed 

$5,000,000 for information technology systems shall remain available until expended: Provided, That notwithstanding section 205 

of this Act, upon a determination by the Attorney General that 

emergent circumstances require additional funding for the activities 

of the National Security Division, the Attorney General may 

transfer such amounts to this heading from available appropriations 

for the current fiscal year for the Department of Justice, as may 

be necessary to respond to such circumstances: Provided further, 

That any transfer pursuant to the preceding proviso shall be treated 

as a reprogramming under section 505 of this Act and shall not 

be available for obligation or expenditure except in compliance 

with the procedures set forth in that section. 

INTERAGENCY LAW ENFORCEMENT

INTERAGENCY CRIME AND DRUG ENFORCEMENT

For necessary expenses for the identification, investigation, and 

prosecution of individuals associated with the most significant drug 

trafficking and affiliated money laundering organizations not otherwise provided for, to include inter-governmental agreements with 

State and local law enforcement agencies engaged in the investigation and prosecution of individuals involved in organized crime 

drug trafficking, $515,000,000, of which $50,000,000 shall remain 


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available until expended: Provided, That any amounts obligated 

from appropriations under this heading may be used under authorities available to the organizations reimbursed from this appropriation. 

FEDERAL BUREAU OF INVESTIGATION

SALARIES AND EXPENSES

For necessary expenses of the Federal Bureau of Investigation 

for detection, investigation, and prosecution of crimes against the 

United States; $7,065,100,000; of which not to exceed $150,000,000 

shall remain available until expended: Provided, That not to exceed 

$205,000 shall be available for official reception and representation 

expenses. 

CONSTRUCTION

For necessary expenses to construct or acquire buildings and 

sites by purchase, or as otherwise authorized by law (including 

equipment for such buildings); conversion and extension of federallyowned buildings; and preliminary planning and design of projects; 

$153,491,000, to remain available until expended. 

DRUG ENFORCEMENT ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Drug Enforcement Administration, including not to exceed $70,000 to meet unforeseen emergencies of a confidential character pursuant to 28 U.S.C. 530C; 

and expenses for conducting drug education and training programs, 

including travel and related expenses for participants in such programs and the distribution of items of token value that promote 

the goals of such programs, $1,939,084,000; of which not to exceed 

$75,000,000 shall remain available until expended; and of which 

not to exceed $100,000 shall be available for official reception and 

representation expenses. 

BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES

SALARIES AND EXPENSES

For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms and Explosives, not to exceed $40,000 for official reception 

and representation expenses; for training of State and local law 

enforcement agencies with or without reimbursement, including 

training in connection with the training and acquisition of canines 

for explosives and fire accelerants detection; and for provision of 

laboratory assistance to State and local law enforcement agencies, 

with or without reimbursement, $1,054,215,000, of which not to 

exceed $1,000,000 shall be available for the payment of attorneys’ 

fees as provided by section 924(d)(2) of title 18, United States 

Code; and of which $10,000,000 shall remain available until 

expended: Provided, That no funds appropriated herein shall be 

available for salaries or administrative expenses in connection with 

consolidating or centralizing, within the Department of Justice, 

the records, or any portion thereof, of acquisition and disposition 

of firearms maintained by Federal firearms licensees: Provided 


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further, That no funds appropriated herein shall be used to pay 

administrative expenses or the compensation of any officer or 

employee of the United States to implement an amendment or 

amendments to 27 CFR 478.118 or to change the definition of 

‘‘Curios or relics’’ in 27 CFR 478.11 or remove any item from 

ATF Publication 5300.11 as it existed on January 1, 1994: Provided 

further, That none of the funds appropriated herein shall be available to investigate or act upon applications for relief from Federal 

firearms disabilities under 18 U.S.C. 925(c): Provided further, That 

such funds shall be available to investigate and act upon applications filed by corporations for relief from Federal firearms disabilities under section 925(c) of title 18, United States Code: Provided 

further, That no funds made available by this or any other Act 

may be used to transfer the functions, missions, or activities of 

the Bureau of Alcohol, Tobacco, Firearms and Explosives to other 

agencies or Departments in fiscal year 2009: Provided further, That, 

beginning in fiscal year 2009 and thereafter, no funds appropriated 

under this or any other Act may be used to disclose part or all 

of the contents of the Firearms Trace System database maintained 

by the National Trace Center of the Bureau of Alcohol, Tobacco, 

Firearms and Explosives or any information required to be kept 

by licensees pursuant to section 923(g) of title 18, United States 

Code, or required to be reported pursuant to paragraphs (3) and 

(7) of such section 923(g), except to: (1) a Federal, State, local, 

tribal, or foreign law enforcement agency, or a Federal, State, 

or local prosecutor, solely in connection with and for use in a 

criminal investigation or prosecution; or (2) a Federal agency for 

a national security or intelligence purpose; and all such data shall 

be immune from legal process, shall not be subject to subpoena 

or other discovery, shall be inadmissible in evidence, and shall 

not be used, relied on, or disclosed in any manner, nor shall testimony or other evidence be permitted based on the data, in a 

civil action in any State (including the District of Columbia) or 

Federal court or in an administrative proceeding other than a 

proceeding commenced by the Bureau of Alcohol, Tobacco, Firearms 

and Explosives to enforce the provisions of chapter 44 of such 

title, or a review of such an action or proceeding; except that 

this proviso shall not be construed to prevent: (A) the disclosure 

of statistical information concerning total production, importation, 

and exportation by each licensed importer (as defined in section 

921(a)(9) of such title) and licensed manufacturer (as defined in 

section 921(a)(10) of such title); (B) the sharing or exchange of 

such information among and between Federal, State, local, or foreign law enforcement agencies, Federal, State, or local prosecutors, 

and Federal national security, intelligence, or counterterrorism officials; or (C) the publication of annual statistical reports on products 

regulated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, including total production, importation, and exportation by 

each licensed importer (as so defined) and licensed manufacturer 

(as so defined), or statistical aggregate data regarding firearms 

traffickers and trafficking channels, or firearms misuse, felons, 

and trafficking investigations: Provided further, That no funds made 

available by this or any other Act shall be expended to promulgate 

or implement any rule requiring a physical inventory of any business licensed under section 923 of title 18, United States Code: 

Provided further, That no funds under this Act may be used to 

electronically retrieve information gathered pursuant to 18 U.S.C. 

Effective date. 

Firearms data. 

18 USC 923 note. 


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123 STAT. 576 PUBLIC LAW 111–8—MAR. 11, 2009 

923(g)(4) by name or any personal identification code: Provided 

further, That no funds authorized or made available under this 

or any other Act may be used to deny any application for a license 

under section 923 of title 18, United States Code, or renewal of 

such a license due to a lack of business activity, provided that 

the applicant is otherwise eligible to receive such a license, and 

is eligible to report business income or to claim an income tax 

deduction for business expenses under the Internal Revenue Code 

of 1986. 

FEDERAL PRISON SYSTEM

SALARIES AND EXPENSES

For necessary expenses of the Federal Prison System for the 

administration, operation, and maintenance of Federal penal and 

correctional institutions, including purchase (not to exceed 810, 

of which 766 are for replacement only) and hire of law enforcement 

and passenger motor vehicles, and for the provision of technical 

assistance and advice on corrections related issues to foreign governments, $5,595,754,000: Provided, That the Attorney General may 

transfer to the Health Resources and Services Administration such 

amounts as may be necessary for direct expenditures by that 

Administration for medical relief for inmates of Federal penal and 

correctional institutions: Provided further, That the Director of the 

Federal Prison System, where necessary, may enter into contracts 

with a fiscal agent or fiscal intermediary claims processor to determine the amounts payable to persons who, on behalf of the Federal 

Prison System, furnish health services to individuals committed 

to the custody of the Federal Prison System: Provided further, That not to exceed $6,000 shall be available for official reception 

and representation expenses: Provided further, That not to exceed 

$50,000,000 shall remain available for necessary operations until 

September 30, 2010: Provided further, That, of the amounts pro- vided for contract confinement, not to exceed $20,000,000 shall 

remain available until expended to make payments in advance 

for grants, contracts and reimbursable agreements, and other 

expenses authorized by section 501(c) of the Refugee Education 

Assistance Act of 1980 (8 U.S.C. 1522 note), for the care and 

security in the United States of Cuban and Haitian entrants: Provided further, That the Director of the Federal Prison System 

may accept donated property and services relating to the operation 

of the prison card program from a not-for-profit entity which has 

operated such program in the past notwithstanding the fact that 

such not-for-profit entity furnishes services under contracts to the 

Federal Prison System relating to the operation of pre-release services, halfway houses, or other custodial facilities. 

BUILDINGS AND FACILITIES

For planning, acquisition of sites and construction of new facilities; purchase and acquisition of facilities and remodeling, and 

equipping of such facilities for penal and correctional use, including 

all necessary expenses incident thereto, by contract or force account; 

and constructing, remodeling, and equipping necessary buildings 

and facilities at existing penal and correctional institutions, 

including all necessary expenses incident thereto, by contract or 

force account, $575,807,000, to remain available until expended, 

42 USC 250a. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 577 

of which not less than $110,627,000 shall be available only for 

modernization, maintenance and repair, and of which not to exceed 

$14,000,000 shall be available to construct areas for inmate work 

programs: Provided, That labor of United States prisoners may 

be used for work performed under this appropriation. 

FEDERAL PRISON INDUSTRIES, INCORPORATED

The Federal Prison Industries, Incorporated, is hereby authorized to make such expenditures, within the limits of funds and 

borrowing authority available, and in accord with the law, and 

to make such contracts and commitments, without regard to fiscal 

year limitations as provided by section 9104 of title 31, United 

States Code, as may be necessary in carrying out the program 

set forth in the budget for the current fiscal year for such corporation, including purchase (not to exceed five for replacement only) 

and hire of passenger motor vehicles. 

LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON

INDUSTRIES, INCORPORATED

Not to exceed $2,328,000 of the funds of the Federal Prison 

Industries, Incorporated shall be available for its administrative 

expenses, and for services as authorized by section 3109 of title 

5, United States Code, to be computed on an accrual basis to 

be determined in accordance with the corporation’s current prescribed accounting system, and such amounts shall be exclusive 

of depreciation, payment of claims, and expenditures which such 

accounting system requires to be capitalized or charged to cost 

of commodities acquired or produced, including selling and shipping 

expenses, and expenses in connection with acquisition, construction, 

operation, maintenance, improvement, protection, or disposition of 

facilities and other property belonging to the corporation or in 

which it has an interest. 

STATE AND LOCAL LAW ENFORCEMENT ACTIVITIES

OFFICE ON VIOLENCE AGAINST WOMEN

VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION

PROGRAMS

For grants, contracts, cooperative agreements, and other assistance for the prevention and prosecution of violence against women, 

as authorized by the Omnibus Crime Control and Safe Streets 

Act of 1968 (42 U.S.C. 3711 et seq.) (‘‘the 1968 Act’’); the Violent 

Crime Control and Law Enforcement Act of 1994 (Public Law 

103–322) (‘‘the 1994 Act’’); the Victims of Child Abuse Act of 1990 

(Public Law 101–647) (‘‘the 1990 Act’’); the Prosecutorial Remedies 

and Other Tools to end the Exploitation of Children Today Act 

of 2003 (Public Law 108–21); the Juvenile Justice and Delinquency 

Prevention Act of 1974 (42 U.S.C. 5601 et seq.) (‘‘the 1974 Act’’); 

the Victims of Trafficking and Violence Protection Act of 2000 

(Public Law 106–386) (‘‘the 2000 Act’’); and the Violence Against 

Women and Department of Justice Reauthorization Act of 2005 

(Public Law 109–162) (‘‘the 2005 Act’’); and for related victims 

services, $415,000,000, to remain available until expended: Provided, That except as otherwise provided by law, not to exceed 

3 percent of funds made available under this heading may be 


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123 STAT. 578 PUBLIC LAW 111–8—MAR. 11, 2009 

used for expenses related to evaluation, training, and technical 

assistance: Provided further, That of the amount provided (which 

shall be by transfer, for programs administered by the Office of 

Justice Programs)— 

(1) $15,000,000 for the court-appointed special advocate 

program, as authorized by section 217 of the 1990 Act; 

(2) $2,500,000 for child abuse training programs for judicial 

personnel and practitioners, as authorized by section 222 of 

the 1990 Act; 

(3) $190,000,000 for grants to combat violence against 

women, as authorized by part T of the 1968 Act, of which— 

(A) $18,000,000 shall be for transitional housing assistance grants for victims of domestic violence, stalking or 

sexual assault as authorized by section 40299 of the 1994 

Act; and 

(B) $1,880,000 shall be for the National Institute of 

Justice for research and evaluation of violence against 

women and related issues addressed by grant programs 

of the Office on Violence Against Women; 

(4) $60,000,000 for grants to encourage arrest policies as 

authorized by part U of the 1968 Act; 

(5) $12,000,000 for sexual assault victims assistance, as 

authorized by section 41601 of the 1994 Act; 

(6) $41,000,000 for rural domestic violence and child abuse 

enforcement assistance grants, as authorized by section 40295 

of the 1994 Act; 

(7) $3,500,000 for training programs as authorized by section 40152 of the 1994 Act, and for related local demonstration 

projects; 

(8) $3,000,000 for grants to improve the stalking and 

domestic violence databases, as authorized by section 40602 

of the 1994 Act; 

(9) $9,500,000 for grants to reduce violent crimes against 

women on campus, as authorized by section 304 of the 2005 

Act; 

(10) $37,000,000 for legal assistance for victims, as authorized by section 1201 of the 2000 Act; 

(11) $4,250,000 for enhanced training and services to end 

violence against and abuse of women in later life, as authorized 

by section 40802 of the 1994 Act; 

(12) $14,000,000 for the safe havens for children program, 

as authorized by section 1301 of the 2000 Act; 

(13) $6,750,000 for education and training to end violence 

against and abuse of women with disabilities, as authorized 

by section 1402 of the 2000 Act; 

(14) $3,000,000 for an engaging men and youth in prevention program, as authorized by section 41305 of the 1994 Act; 

(15) $1,000,000 for analysis and research on violence 

against Indian women, as authorized by section 904 of the 

2005 Act; 

(16) $1,000,000 for tracking of violence against Indian 

women, as authorized by section 905 of the 2005 Act; 

(17) $3,500,000 for services to advocate and respond to 

youth, as authorized by section 41201 of the 1994 Act; 

(18) $3,000,000 for grants to assist children and youth 

exposed to violence, as authorized by section 41303 of the 

1994 Act; 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 579 

(19) $3,000,000 for the court training and improvements 

program, as authorized by section 41002 of the 1994 Act; (20) $1,000,000 for the National Resource Center on Workplace Responses to assist victims of domestic violence, as 

authorized by section 41501 of the 1994 Act; and 

(21) $1,000,000 for grants for televised testimony, as 

authorized by part N of title I of the 1968 Act. 

OFFICE OF JUSTICE PROGRAMS

JUSTICE ASSISTANCE

For grants, contracts, cooperative agreements, and other assistance authorized by title I of the Omnibus Crime Control and Safe 

Streets Act of 1968; the Missing Children’s Assistance Act (42 

U.S.C. 5771 et seq.); the Prosecutorial Remedies and Other Tools 

to end the Exploitation of Children Today Act of 2003 (Public 

Law 108–21); the Justice for All Act of 2004 (Public Law 108– 

405); the Violence Against Women and Department of Justice 

Reauthorization Act of 2005 (Public Law 109–162); the Victims 

of Child Abuse Act of 1990 (Public Law 101-647); the Victims 

of Crime Act of 1984 (Public Law 98–473); the Adam Walsh Child 

Protection and Safety Act of 2006 (Public Law 109–248); the PROTECT Our Children Act of 2008 (Public Law 110–401); subtitle 

D of title II of the Homeland Security Act of 2002 (Public Law 

107–296), which may include research and development; and other 

programs (including the Statewide Automated Victim Notification 

Program); $220,000,000, to remain available until expended, of 

which: 

(1) $45,000,000 is for criminal justice statistics programs, pursuant to part C of the 1968 Act, of which $26,000,000 

is for the National Crime Victimization Survey; and (2) $48,000,000 is for research, development, and evaluation 

programs: 

Provided, That section 1404(c)(3)(E)(i) of the Victims of Crime Act 

of 1984, as amended (42 U.S.C. 10603) is amended after ‘‘internships’’ by inserting ‘‘and for grants under subparagraphs (1)(A) 

and (B), pursuant to rules or guidelines that generally establish 

a publicly-announced, competitive process’’. 

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

For grants, contracts, cooperative agreements, and other assistance authorized by the Violent Crime Control and Law Enforcement 

Act of 1994 (Public Law 103–322) (‘‘the 1994 Act’’); the Omnibus 

Crime Control and Safe Streets Act of 1968 (‘‘the 1968 Act’’); the 

Justice for All Act of 2004 (Public Law 108–405); the Victims 

of Child Abuse Act of 1990 (Public Law 101–647) (‘‘the 1990 Act’’); 

the Trafficking Victims Protection Reauthorization Act of 2005 

(Public Law 109–164); the Violence Against Women and Department 

of Justice Reauthorization Act of 2005 (Public Law 109–162); the 

Adam Walsh Child Protection and Safety Act of 2006 (Public Law 

109–248); and the Victims of Trafficking and Violence Protection 

Act of 2000 (Public Law 106–386); and other programs; 

$1,328,500,000, to remain available until expended as follows: 

(1) $546,000,000 for the Edward Byrne Memorial Justice 

Assistance Grant program as authorized by subpart 1 of part 

E of title I of the 1968 Act, (except that section 1001(c), and 


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123 STAT. 580 PUBLIC LAW 111–8—MAR. 11, 2009 

the special rules for Puerto Rico under section 505(g), of the 

1968 Act, shall not apply for purposes of this Act), of which 

$5,000,000 is for use by the National Institute of Justice in 

assisting units of local government to identify, select, develop, 

modernize, and purchase new technologies for use by law 

enforcement, $2,000,000 is for a program to improve State 

and local law enforcement intelligence capabilities including 

antiterrorism training and training to ensure that constitutional rights, civil liberties, civil rights, and privacy interests 

are protected throughout the intelligence process, $7,000,000 

is to reimburse State and local law enforcement for security 

and related costs, including overtime, associated with the 

extraordinary security required to protect the President-elect 

during the Presidential transition period; and $20,000,000 is 

to reimburse State and local governments for extraordinary 

costs associated with the 2009 Presidential Inauguration; 

(2) $400,000,000 for the State Criminal Alien Assistance 

Program, as authorized by section 241(i)(5) of the Immigration 

and Nationality Act (8 U.S.C. 1231(i)(5)); 

(3) $31,000,000 for the Southwest Border Prosecutor Initiative to reimburse State, county, parish, tribal, or municipal 

governments for costs associated with the prosecution of 

criminal cases declined by local offices of the United States 

Attorneys; 

(4) $3,000,000 for the Northern Border Prosecutor Initiative 

to reimburse State, county, parish, tribal or municipal governments for the costs associated with the prosecution of criminal 

cases declined by local offices of United States Attorneys; 

(5) $178,500,000 for discretionary grants to improve the 

functioning of the criminal justice system, to prevent or combat 

juvenile delinquency, and to assist victims of crime (other than 

compensation): Provided, That within the amounts appropriated, $178,500,000 shall be used for the projects, and in 

the amounts specified in the explanatory statement described 

in section 4 (in the matter preceding division A of this consolidated Act); 

(6) $30,000,000 for competitive grants to improve the functioning of the criminal justice system, to prevent or combat 

juvenile delinquency, and to assist victims of crime (other than 

compensation); 

(7) $2,000,000 for the purposes described in the Missing 

Alzheimer’s Disease Patient Alert Program (section 240001 of 

the 1994 Act); 

(8) $10,000,000 for victim services programs for victims 

of trafficking, as authorized by section 107(b)(2) of Public Law 

106–386 and for programs authorized under Public Law 109– 

164; 

(9) $40,000,000 for Drug Courts, as authorized by section 

1001(25)(A) of title I of the 1968 Act; 

(10) $7,000,000 for a prescription drug monitoring program; 

(11) $12,500,000 for prison rape prevention and prosecution 

and other programs, as authorized by the Prison Rape Elimination Act of 2003 (Public Law 108–79); 

(12) $10,000,000 for grants for Residential Substance Abuse 

Treatment for State Prisoners, as authorized by part S of 

title I of the 1968 Act; 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 581 

(13) $5,500,000 for the Capital Litigation Improvement 

Grant Program, as authorized by section 426 of Public Law 

108–405, and for grants for wrongful prosecution review; 

(14) $10,000,000 for mental health courts and adult and 

juvenile collaboration program grants, as authorized by parts 

V and HH of title I of the 1968 Act, and the Mentally Ill 

Offender Treatment and Crime Reduction Reauthorization and 

Improvement Act of 2008 (Public Law 110–416); 

(15) $25,000,000 for assistance to Indian tribes, of which— 

(A) $10,000,000 shall be available for grants under 

section 20109 of subtitle A of title II of the 1994 Act; 

(B) $9,000,000 shall be available for the Tribal Courts 

Initiative; and 

(C) $6,000,000 shall be available for tribal alcohol and 

substance abuse reduction assistance grants; and 

(16) $18,000,000 for economic, high technology and Internet 

crime prevention grants: 

Provided, That, if a unit of local government uses any of the 

funds made available under this heading to increase the number 

of law enforcement officers, the unit of local government will achieve 

a net gain in the number of law enforcement officers who perform 

nonadministrative public safety service. 

WEED AND SEED PROGRAM FUND

For necessary expenses, including salaries and related expenses 

of the Office of Weed and Seed Strategies, $25,000,000, to remain 

available until expended, as authorized by section 103 of title I 

of the Omnibus Crime Control and Safe Streets Act of 1968. 

JUVENILE JUSTICE PROGRAMS

For grants, contracts, cooperative agreements, and other assistance authorized by the Juvenile Justice and Delinquency Prevention 

Act of 1974 (‘‘the 1974 Act’’), the Omnibus Crime Control and 

Safe Streets Act of 1968 (‘‘the 1968 Act’’), the Violence Against 

Women and Department of Justice Reauthorization Act of 2005 

(Public Law 109–162), the Missing Children’s Assistance Act (42 

U.S.C. 5771 et seq.); the Prosecutorial Remedies and Other Tools 

to end the Exploitation of Children Today Act of 2003 (Public 

Law 108–21); the Victims of Child Abuse Act of 1990 (Public Law 

101–647); the Adam Walsh Child Protection and Safety Act of 

2006 (Public Law 109–248); the PROTECT Our Children Act of 

2008 (Public Law 110–401), and other juvenile justice programs, 

$374,000,000, to remain available until expended as follows: 

(1) $75,000,000 for programs authorized by section 221 

of the 1974 Act, and for training and technical assistance 

to assist small, non-profit organizations with the Federal grants 

process; 

(2) $82,000,000 for grants and projects, as authorized by 

sections 261 and 262 of the 1974 Act: Provided, That within 

the amounts appropriated, $82,000,000 shall be used for the 

projects, and in the amounts, specified in the explanatory statement described in section 4 (in the matter preceding division 

A of this consolidated Act); 

(3) $80,000,000 for youth mentoring grants; 


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123 STAT. 582 PUBLIC LAW 111–8—MAR. 11, 2009 

(4) $62,000,000 for delinquency prevention, as authorized 

by section 505 of the 1974 Act, of which, pursuant to sections 

261 and 262 thereof— 

(A) $25,000,000 shall be for the Tribal Youth Program; 

(B) $10,000,000 shall be for a gang resistance education 

and training program; and 

(C) $25,000,000 shall be for grants of $360,000 to each 

State and $4,840,000 shall be available for discretionary 

grants, for programs and activities to enforce State laws 

prohibiting the sale of alcoholic beverages to minors or 

the purchase or consumption of alcoholic beverages by 

minors, for prevention and reduction of consumption of 

alcoholic beverages by minors, and for technical assistance 

and training; 

(5) $20,000,000 for programs authorized by the Victims 

of Child Abuse Act of 1990; and 

(6) $55,000,000 for the Juvenile Accountability Block 

Grants program as authorized by part R of title I of the 1968 

Act and Guam shall be considered a State: 

Provided, That not more than 10 percent of each amount may 

be used for research, evaluation, and statistics activities designed 

to benefit the programs or activities authorized: Provided further, That not more than 2 percent of each amount may be used for 

training and technical assistance: Provided further, That the previous two provisos shall not apply to grants and projects authorized 

by sections 261 and 262 of the 1974 Act. 

PUBLIC SAFETY OFFICER BENEFITS

For payments and expenses authorized by part L of title I 

of the Omnibus Crime Control and Safe Streets Act of 1968 (42 

U.S.C. 3796), such sums as are necessary, as authorized by section 

6093 of Public Law 100–690 (102 Stat. 4339–4340) (including 

amounts for administrative costs, which amounts shall be paid 

to the ‘‘Salaries and Expenses’’ account), to remain available until 

expended; and $5,000,000 for payments authorized by section 

1201(b) of such Act; and $4,100,000 for educational assistance, 

as authorized by section 1212 of such Act. 

COMMUNITY ORIENTED POLICING SERVICES

For activities authorized by the Violent Crime Control and 

Law Enforcement Act of 1994 (Public Law 103–322); the Omnibus 

Crime Control and Safe Streets Act of 1968 (‘‘the 1968 Act’’); the 

Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162); subtitle D of title II of 

the Homeland Security Act of 2002 (Public Law 107–296), which 

may include research and development; and the USA PATRIOT 

Improvement and Reauthorization Act of 2005 (Public Law 109– 

177); the Second Chance Act of 2007 (Public Law 110–199); the 

NICS Improvement Amendments Act of 2007 (Public Law 110– 

180); the Adam Walsh Child Protection and Safety Act of 2006 

(Public Law 109–248) (the ‘‘Adam Walsh Act’’); and the Justice 

for All Act of 2004 (Public Law 108–405), $550,500,000, to remain 

available until expended: Provided, That any balances made available through prior year deobligations shall only be available in 

accordance with section 505 of this Act. Of the amount provided 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 583 

(which shall be by transfer, for programs administered by the 

Office of Justice Programs)— (1) $25,000,000 is for the matching grant program for armor 

vests for law enforcement officers, as authorized by section 

2501 of title I of the 1968 Act: Provided, That $1,500,000 

is transferred directly to the National Institute of Standards 

and Technology’s Office of Law Enforcement Standards from 

the Community Oriented Policing Services Office for research, 

testing, and evaluation programs: Provided further, That section 2501(f) of part Y of title I of the 1968 Act (42 U.S.C. 

3796ll(f)), is amended by inserting at the end the following: 

‘‘(3) WAIVER.—The Director may waive in whole or in part, 

the match requirement of paragraph (1) in the case of fiscal 

hardship, as determined by the Director.’’; (2) $39,500,000 is for grants to entities described in section 

1701 of title I of the 1968 Act, to address public safety and 

methamphetamine manufacturing, sale, and use in hot spots 

as authorized by section 754 of Public Law 109–177, and for 

other anti-methamphetamine-related activities: Provided, That 

within the amounts appropriated, $34,500,000 shall be used 

for the projects, and in the amounts, specified in the explanatory statement described in section 4 (in the matter preceding 

division A of this consolidated Act); 

(3) $187,000,000 is for a law enforcement technologies and 

interoperable communications program, and related law 

enforcement and public safety equipment: Provided, That 

within the amounts appropriated, $185,500,000 shall be used 

for the projects, and in the amounts, specified in the explanatory statement described in section 4 (in the matter preceding 

division A of this consolidated Act); 

(4) $25,000,000 is for offender re-entry programs, as authorized under section 101 and 211 of the Second Chance Act 

of 2007 (Public Law 110–199), of which $15,000,000 is for 

grants for adult and juvenile offender state and local reentry 

demonstration projects, and $10,000,000 is for grants for mentoring and transitional services; 

(5) $10,000,000 is for grants to assist States and tribal 

governments as authorized by the NICS Improvements Amendments Act of 2007 (Public Law 110–180); 

(6) $10,000,000 is for grants to upgrade criminal records, 

as authorized under the Crime Identification Technology Act 

of 1998 (42 U.S.C. 14601); 

(7) $156,000,000 is for DNA related and forensic programs 

and activities as follows: 

(A) $151,000,000 for a DNA analysis and capacity 

enhancement program and for other local, state, and Federal forensic activities including the purposes of section 

2 of the DNA Analysis Backlog Elimination Act of 2000 

(the Debbie Smith DNA Backlog Grant Program); and 

(B) $5,000,000 for the purposes described in the Kirk 

Bloodsworth Post-Conviction DNA Testing Program (Public 

Law 108–405, section 412); 

(8) $20,000,000 is for improving tribal law enforcement, 

including equipment and training; 

(9) $15,000,000 is for programs to reduce gun crime and 

gang violence; 

(10) $4,000,000 is for training and technical assistance; 


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123 STAT. 584 PUBLIC LAW 111–8—MAR. 11, 2009 

(11) $18,000,000 is for a national grant program the purpose of which is to assist State and local law enforcement 

to locate, arrest and prosecute child sexual predators and 

exploiters, and to enforce sex offender registration laws 

described in section 1701(b) of the 1968 Act, of which: 

(A) $5,000,000 is for sex offender management assistance as authorized by the Adam Walsh Act and the Violent 

Crime Control Act of 1994 (Public Law 103–322); and (B) $1,000,000 is for the National Sex Offender Public 

Registry; 

(12) $16,000,000 is for expenses authorized by part AA 

of the 1968 Act (Secure our Schools); and (13) $25,000,000 is for Paul Coverdell Forensic Science 

Improvement Grants under part BB of title I of the 1968 

Act. 

SALARIES AND EXPENSES

For necessary expenses, not elsewhere specified in this title, 

for management and administration of programs within the Office 

on Violence Against Women, the Office of Justice Programs and 

the Community Oriented Policing Services Office, $174,000,000, 

of which not to exceed $14,000,000 shall be available for the Office 

on Violence Against Women; not to exceed $130,000,000 shall be 

available for the Office of Justice Programs; not to exceed 

$30,000,000 shall be available for the Community Oriented Policing 

Services Office: Provided, That, notwithstanding section 109 of title 

I of Public Law 90–351, an additional amount, not to exceed 

$21,000,000 shall be available for authorized activities of the Office 

of Audit, Assessment, and Management: Provided further, That 

the total amount available for management and administration 

of such programs shall not exceed $195,000,000. 

GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

SEC. 201. In addition to amounts otherwise made available 

in this title for official reception and representation expenses, a 

total of not to exceed $50,000 from funds appropriated to the Department of Justice in this title shall be available to the Attorney 

General for official reception and representation expenses. 

SEC. 202. None of the funds appropriated by this title shall 

be available to pay for an abortion, except where the life of the 

mother would be endangered if the fetus were carried to term, 

or in the case of rape: Provided, That should this prohibition be 

declared unconstitutional by a court of competent jurisdiction, this 

section shall be null and void. 

SEC. 203. None of the funds appropriated under this title shall 

be used to require any person to perform, or facilitate in any 

way the performance of, any abortion. 

SEC. 204. Nothing in the preceding section shall remove the 

obligation of the Director of the Bureau of Prisons to provide escort 

services necessary for a female inmate to receive such service outside the Federal facility: Provided, That nothing in this section 

in any way diminishes the effect of section 203 intended to address 

the philosophical beliefs of individual employees of the Bureau 

of Prisons. 

SEC. 205. Not to exceed 5 percent of any appropriation made 

available for the current fiscal year for the Department of Justice 

Abortion. 

Abortion. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 585 

in this Act may be transferred between such appropriations, but 

no such appropriation, except as otherwise specifically provided, 

shall be increased by more than 10 percent by any such transfers: 

Provided, That any transfer pursuant to this section shall be treated 

as a reprogramming of funds under section 505 of this Act and 

shall not be available for obligation except in compliance with 

the procedures set forth in that section: Provided further, That 

none of the funds appropriated to ‘‘Buildings and Facilities, Federal 

Prison System’’ in this or any other Act may be transferred to 

‘‘Salaries and Expenses, Federal Prison System’’, or any other 

Department of Justice account, unless the President certifies that 

such a transfer is necessary to the national security interests of 

the United States, and such authority shall not be delegated, and 

shall be subject to section 505 of this Act. 

SEC. 206. The Attorney General is authorized to extend through 

September 30, 2010, the Personnel Management Demonstration 

Project transferred to the Attorney General pursuant to section 

1115 of the Homeland Security Act of 2002, Public Law 107– 

296 (6 U.S.C. 533) without limitation on the number of employees 

or the positions covered. 

SEC. 207. Notwithstanding any other provision of law, Public 

Law 102–395 section 102(b) shall extend to the Bureau of Alcohol, 

Tobacco, Firearms and Explosives in the conduct of undercover 

investigative operations and shall apply without fiscal year limitation with respect to any undercover investigative operation initiated 

by the Bureau of Alcohol, Tobacco, Firearms and Explosives that 

is necessary for the detection and prosecution of crimes against 

the United States. 

SEC. 208. None of the funds made available to the Department 

of Justice in this Act may be used for the purpose of transporting 

an individual who is a prisoner pursuant to conviction for crime 

under State or Federal law and is classified as a maximum or 

high security prisoner, other than to a prison or other facility 

certified by the Federal Bureau of Prisons as appropriately secure 

for housing such a prisoner. 

SEC. 209. (a) None of the funds appropriated by this Act may 

be used by Federal prisons to purchase cable television services, 

to rent or purchase videocassettes, videocassette recorders, or other 

audiovisual or electronic equipment used primarily for recreational 

purposes. 

(b) The preceding sentence does not preclude the renting, 

maintenance, or purchase of audiovisual or electronic equipment 

for inmate training, religious, or educational programs. 

SEC. 210. None of the funds made available under this title 

shall be obligated or expended for Sentinel, or for any other major 

new or enhanced information technology program having total estimated development costs in excess of $100,000,000, unless the 

Deputy Attorney General and the investment review board certify 

to the Committees on Appropriations that the information technology program has appropriate program management and contractor oversight mechanisms in place, and that the program is 

compatible with the enterprise architecture of the Department of 

Justice. 

SEC. 211. The notification thresholds and procedures set forth 

in section 505 of this Act shall apply to deviations from the amounts 

Notification. 

Applicability. 

Certification. 

Investigations. 

Applicability. 

28 USC 533 note. 

Project extension. 

5 USC 3104 note. 

President. 

Certification. 


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123 STAT. 586 PUBLIC LAW 111–8—MAR. 11, 2009 

designated for specific activities in this Act and accompanying statement, and to any use of deobligated balances of funds provided 

under this title in previous years. 

SEC. 212. None of the funds appropriated by this Act may 

be used to plan for, begin, continue, finish, process, or approve 

a public-private competition under the Office of Management and 

Budget Circular A–76 or any successor administrative regulation, 

directive, or policy for work performed by employees of the Bureau 

of Prisons or of Federal Prison Industries, Incorporated. 

SEC. 213. Notwithstanding any other provision of law, no funds 

shall be available for the salary, benefits, or expenses of any United 

States Attorney assigned dual or additional responsibilities by the 

Attorney General or his designee that exempt that United States 

Attorney from the residency requirements of 28 U.S.C. 545. 

SEC. 214. None of the funds appropriated in this or any other 

Act shall be obligated for the initiation of a future phase of the 

Federal Bureau of Investigation’s Sentinel program until the 

Attorney General certifies to the Committees on Appropriations 

that existing phases currently under contract for development or 

fielding have completed a majority of the work for that phase 

under the performance measurement baseline validated by the 

integrated baseline review conducted in 2008: Provided, That this 

restriction does not apply to planning and design activities for 

future phases: Provided further, That the Bureau will notify the 

Committees on Appropriations of any significant changes to the 

baseline. 

SEC. 215. (a) The Attorney General shall submit quarterly 

reports to the Inspector General of the Department of Justice 

regarding the costs and contracting procedures relating to each 

conference held by the Department of Justice during fiscal year 

2009 for which the cost to the Government was more than $20,000. 

(b) Each report submitted under subsection (a) shall include, 

for each conference described in that subsection held during the 

applicable quarter— 

(1) a description of the subject of and number of participants attending that conference; 

(2) a detailed statement of the costs to the Government 

relating to that conference, including— 

(A) the cost of any food or beverages; 

(B) the cost of any audio-visual services; and 

(C) a discussion of the methodology used to determine 

which costs relate to that conference; and 

(3) a description of the contracting procedures relating 

to that conference, including— 

(A) whether contracts were awarded on a competitive 

basis for that conference; and 

(B) a discussion of any cost comparison conducted by 

the Department of Justice in evaluating potential contractors for that conference. 

This title may be cited as the ‘‘Department of Justice Appropriations Act, 2009’’. 

Deadlines. 

Reports. 

Notification. 

Certification. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 587 

TITLE III 

SCIENCE 

OFFICE OF SCIENCE AND TECHNOLOGY POLICY

For necessary expenses of the Office of Science and Technology 

Policy, in carrying out the purposes of the National Science and 

Technology Policy, Organization, and Priorities Act of 1976 (42 

U.S.C. 6601–6671), hire of passenger motor vehicles, and services 

as authorized by 5 U.S.C. 3109, not to exceed $2,500 for official 

reception and representation expenses, and rental of conference 

rooms in the District of Columbia, $5,303,000. 

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

SCIENCE

For necessary expenses, not otherwise provided for, in the 

conduct and support of science research and development activities, 

including research, development, operations, support, and services; 

maintenance; construction of facilities including repair, rehabilitation, revitalization, and modification of facilities, construction of 

new facilities and additions to existing facilities, facility planning 

and design, and restoration, and acquisition or condemnation of 

real property, as authorized by law; environmental compliance and 

restoration; space flight, spacecraft control, and communications 

activities; program management; personnel and related costs, 

including uniforms or allowances therefor, as authorized by 5 U.S.C. 

5901–5902; travel expenses; purchase and hire of passenger motor 

vehicles; and purchase, lease, charter, maintenance, and operation 

of mission and administrative aircraft, $4,503,019,000 to remain 

available until September 30, 2010. 

AERONAUTICS

For necessary expenses, not otherwise provided for, in the 

conduct and support of aeronautics research and development activities, including research, development, operations, support, and services; maintenance; construction of facilities including repair, 

rehabilitation, revitalization, and modification of facilities, construction of new facilities and additions to existing facilities, facility 

planning and design, and restoration, and acquisition or condemnation of real property, as authorized by law; environmental compliance and restoration; space flight, spacecraft control, and communications activities; program management; personnel and related 

costs, including uniforms or allowances therefor, as authorized by 

5 U.S.C. 5901–5902; travel expenses; purchase and hire of passenger 

motor vehicles; and purchase, lease, charter, maintenance, and 

operation of mission and administrative aircraft, $500,000,000 to 

remain available until September 30, 2010. 

EXPLORATION

For necessary expenses, not otherwise provided for, in the 

conduct and support of exploration research and development activities, including research, development, operations, support, and services; maintenance; construction of facilities including repair, 

Science 

Appropriations 

Act, 2009. 


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123 STAT. 588 PUBLIC LAW 111–8—MAR. 11, 2009 

rehabilitation, revitalization, and modification of facilities, construction of new facilities and additions to existing facilities, facility 

planning and design, and restoration, and acquisition or condemnation of real property, as authorized by law; environmental compliance and restoration; space flight, spacecraft control, and communications activities; program management, personnel and related 

costs, including uniforms or allowances therefor, as authorized by 

5 U.S.C. 5901–5902; travel expenses; purchase and hire of passenger 

motor vehicles; and purchase, lease, charter, maintenance, and 

operation of mission and administrative aircraft, $3,505,469,000 

to remain available until September 30, 2010. 

SPACE OPERATIONS

For necessary expenses, not otherwise provided for, in the 

conduct and support of space operations research and development 

activities, including research, development, operations, support and 

services; space flight, spacecraft control and communications activities including operations, production, and services; maintenance; 

construction of facilities including repair, rehabilitation, revitalization and modification of facilities, construction of new facilities 

and additions to existing facilities, facility planning and design, 

and restoration, and acquisition or condemnation of real property, 

as authorized by law; environmental compliance and restoration; 

program management; personnel and related costs, including uniforms or allowances therefor, as authorized by 5 U.S.C. 5901– 

5902; travel expenses; purchase and hire of passenger motor 

vehicles; and purchase, lease, charter, maintenance and operation 

of mission and administrative aircraft, $5,764,710,000, to remain 

available until September 30, 2010: Provided, That of the amounts 

provided under this heading, $2,981,724,000 shall be for Space 

Shuttle operations, production, research, development, and support, 

$2,060,162,000 shall be for International Space Station operations, 

production, research, development, and support, and $722,824,000 

shall be for Space and Flight support. 

EDUCATION

For necessary expenses, not otherwise provided for, in carrying 

out aerospace and aeronautical education research and development 

activities, including research, development, operations, support, and 

services; program management; personnel and related costs, uniforms or allowances therefor, as authorized by 5 U.S.C. 5901– 

5902; travel expenses; purchase and hire of passenger motor 

vehicles; and purchase, lease, charter, maintenance, and operation 

of mission and administrative aircraft, $169,200,000, to remain 

available until September 30, 2010. 

CROSS AGENCY SUPPORT

For necessary expenses, not otherwise provided for, in the 

conduct and support of science, aeronautics, exploration, space operations and education research and development activities, including 

research, development, operations, support, and services; maintenance; construction of facilities including repair, rehabilitation, 

revitalization, and modification of facilities, construction of new 

facilities and additions to existing facilities, facility planning and 

design, and restoration, and acquisition or condemnation of real 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 589 

property, as authorized by law; environmental compliance and restoration; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including 

uniforms or allowances therefor, as authorized by 5 U.S.C. 5901– 

5902; travel expenses; purchase and hire of passenger motor 

vehicles; not to exceed $70,000 for official reception and representation expenses; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $3,306,387,000, to 

remain available until September 30, 2010: Provided, That 

$2,024,000,000, together with not more than $9,000,000 to be 

derived from receipts pursuant to 42 U.S.C. 2459j, shall be available 

for center management and operations: Provided further, That notwithstanding 42 U.S.C. 2459j, proceeds from enhanced use leases 

that may be made available for obligation for fiscal year 2009 

shall not exceed $9,000,000: Provided further, That each annual 

budget request shall include an annual estimate of gross receipts 

and collections and proposed use of all funds collected pursuant 

to 42 U.S.C. 2459j: Provided further, That not less than $45,000,000 

shall be available for independent verification and validation activities, of which $5,000,000 shall be available to develop core 

verification and validation competencies with small businesses, and 

$40,000,000 shall be available for operations of the independent 

verification and validation facility: Provided further, That within 

the amounts appropriated $67,500,000 shall be used for the projects, 

and in the amounts, specified in the explanatory statement 

described in section 4 (in the matter preceding division A of this 

consolidated Act). 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, $33,600,000, to 

remain available until September 30, 2010. 

ADMINISTRATIVE PROVISIONS

Notwithstanding the limitation on the duration of availability 

of funds appropriated to the National Aeronautics and Space 

Administration for any account in this Act, except for ‘‘Office of 

Inspector General’’, when any activity has been initiated by the 

incurrence of obligations for construction of facilities or environmental compliance and restoration activities as authorized by law, 

such amount available for such activity shall remain available 

until expended. This provision does not apply to the amounts appropriated for institutional minor revitalization and minor construction 

of facilities, and institutional facility planning and design. 

Notwithstanding the limitation on the availability of funds 

appropriated to the National Aeronautics and Space Administration 

for any account in this Act, except for ‘‘Office of Inspector General’’, 

the amounts appropriated for construction of facilities shall remain 

available until September 30, 2011. 

Funds for announced prizes otherwise authorized shall remain 

available, without fiscal year limitation, until the prize is claimed 

or the offer is withdrawn. 

Not to exceed 5 percent of any appropriation made available 

for the current fiscal year for the National Aeronautics and Space 

Administration in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically 

42 USC 16611b 

note. 


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123 STAT. 590 PUBLIC LAW 111–8—MAR. 11, 2009 

provided, shall be increased by more than 10 percent by any such 

transfers. Any transfer pursuant to this provision shall be treated 

as a reprogramming of funds under section 505 of this Act and 

shall not be available for obligation except in compliance with 

the procedures set forth in that section. 

Notwithstanding any other provision of law, no funds shall 

be used to implement any Reduction in Force or other involuntary 

separations (except for cause) by the National Aeronautics and 

Space Administration prior to September 30, 2009. 

The unexpired balances of the Science, Aeronautics, and Exploration account, for activities for which funds are provided under 

this Act, may be transferred to the new accounts established in 

this Act that provide such activity. Balances so transferred shall 

be merged with the funds in the newly established accounts, but 

shall be available under the same terms, conditions and period 

of time as previously appropriated. 

For the closeout of all Space Shuttle contracts and associated 

programs, amounts that have expired but have not been cancelled 

in the Human Space Flight, Space Flight Capabilities, and Exploration Capabilities appropriations accounts shall remain available 

through fiscal year 2015 for the liquidation of valid obligations 

incurred during the period of fiscal year 2001 through fiscal year 

2009. 

Funding designations and minimum funding requirements contained in any other Act shall not be applicable to funds appropriated 

by this title for the National Aeronautics and Space Administration. 

The Administrator of NASA shall, not later than February 

2, 2009, submit to the appropriate committees of Congress a report 

that delineates by fiscal year, mission directorate and object class 

the full costs necessary for Space Shuttle retirement and transition 

activities for fiscal years 2006 through 2015 that includes, but 

is not limited to, the following: 

(1) the costs for environmental compliance and remediation; 

(2) the gross and net proceeds from exchange sales of 

excess Space Shuttle equipment; 

(3) the costs to maintain required facilities at Kennedy 

Space Center during the gap in human space flight; 

(4) the costs associated with preservation of historic properties; 

(5) the costs of workforce transition; and 

(6) other costs related to Space Shuttle retirement and 

transition. 

NATIONAL SCIENCE FOUNDATION

RESEARCH AND RELATED ACTIVITIES

For necessary expenses in carrying out the National Science 

Foundation Act of 1950, as amended (42 U.S.C. 1861–1875), and 

the Act to establish a National Medal of Science (42 U.S.C. 1880– 

1881); services as authorized by 5 U.S.C. 3109; maintenance and 

operation of aircraft and purchase of flight services for research 

support; acquisition of aircraft; and authorized travel; 

$5,183,100,000, to remain available until September 30, 2010, of 

which not to exceed $540,000,000 shall remain available until 

expended for polar research and operations support, and for 

reimbursement to other Federal agencies for operational and science 

Deadline. 

Reports. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 591 

support and logistical and other related activities for the United 

States Antarctic program: Provided, That from funds specified in 

the fiscal year 2009 budget request for icebreaking services, up 

to $54,000,000 shall be available for the procurement of polar 

icebreaking services: Provided further, That the National Science 

Foundation shall only reimburse the Coast Guard for such sums 

as are agreed to according to the existing memorandum of agreement: Provided further, That receipts for scientific support services 

and materials furnished by the National Research Centers and 

other National Science Foundation supported research facilities may 

be credited to this appropriation: Provided further, That not less 

than $133,000,000 shall be available for activities authorized by 

section 7002(b)(2)(A)(iv) of Public Law 110–69. 

MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION

For necessary expenses for the acquisition, construction, 

commissioning, and upgrading of major research equipment, facilities, and other such capital assets pursuant to the National Science 

Foundation Act of 1950, as amended (42 U.S.C. 1861–1875), 

including authorized travel, $152,010,000, to remain available until 

expended. 

EDUCATION AND HUMAN RESOURCES

For necessary expenses in carrying out science and engineering 

education and human resources programs and activities pursuant 

to the National Science Foundation Act of 1950, as amended (42 

U.S.C. 1861–1875), including services as authorized by 5 U.S.C. 

3109, authorized travel, and rental of conference rooms in the 

District of Columbia, $845,260,000, to remain available until September 30, 2010: Provided further, That not less than $55,000,000 

shall be available until expended for activities authorized by section 

7030 of Public Law 110–69. 

AGENCY OPERATIONS AND AWARD MANAGEMENT

For agency operations and award management necessary in 

carrying out the National Science Foundation Act of 1950, as 

amended (42 U.S.C. 1861–1875); services authorized by 5 U.S.C. 

3109; hire of passenger motor vehicles; not to exceed $9,000 for 

official reception and representation expenses; uniforms or allowances therefor, as authorized by 5 U.S.C. 5901–5902; rental of 

conference rooms in the District of Columbia; and reimbursement 

of the Department of Homeland Security for security guard services; 

$294,000,000: Provided, That contracts may be entered into under 

this heading in fiscal year 2009 for maintenance and operation 

of facilities, and for other services, to be provided during the next 

fiscal year. 

OFFICE OF THE NATIONAL SCIENCE BOARD

For necessary expenses (including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference 

rooms in the District of Columbia, and the employment of experts 

and consultants under section 3109 of title 5, United States Code) 

involved in carrying out section 4 of the National Science Foundation Act of 1950, as amended (42 U.S.C. 1863) and Public Law 


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123 STAT. 592 PUBLIC LAW 111–8—MAR. 11, 2009 

86–209 (42 U.S.C. 1880 et seq.), $4,030,000: Provided, That not 

to exceed $2,500 shall be available for official reception and representation expenses. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General as 

authorized by the Inspector General Act of 1978, as amended, 

$12,000,000. 

This title may be cited as the ‘‘Science Appropriations Act, 

2009’’. 

TITLE IV 

RELATED AGENCIES 

COMMISSION ON CIVIL RIGHTS

SALARIES AND EXPENSES

For necessary expenses of the Commission on Civil Rights, 

including hire of passenger motor vehicles, $8,800,000: Provided, 

That none of the funds appropriated in this paragraph shall be 

used to employ in excess of four full-time individuals under Schedule 

C of the Excepted Service exclusive of one special assistant for 

each Commissioner: Provided further, That none of the funds appropriated in this paragraph shall be used to reimburse Commissioners 

for more than 75 billable days, with the exception of the chairperson, 

who is permitted 125 billable days. 

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Equal Employment Opportunity 

Commission as authorized by title VII of the Civil Rights Act 

of 1964, the Age Discrimination in Employment Act of 1967, the 

Equal Pay Act of 1963, the Americans with Disabilities Act of 

1990, and the Civil Rights Act of 1991, including services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles as authorized 

by 31 U.S.C. 1343(b); nonmonetary awards to private citizens; and 

not to exceed $26,000,000 for payments to State and local enforcement agencies for authorized services to the Commission, 

$343,925,000: Provided, That the Commission is authorized to make 

available for official reception and representation expenses not to 

exceed $2,500 from available funds: Provided further, That the 

Commission may take no action to implement any workforce repositioning, restructuring, or reorganization until such time as the 

House and Senate Committees on Appropriations have been notified 

of such proposals, in accordance with the reprogramming requirements of section 505 of this Act: Provided further, That the Chair 

is authorized to accept and use any gift or donation to carry out 

the work of the Commission. 

Notification. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 593 

INTERNATIONAL TRADE COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the International Trade Commission, 

including hire of passenger motor vehicles, and services as authorized by 5 U.S.C. 3109, and not to exceed $2,500 for official reception 

and representation expenses, $75,100,000, to remain available until 

expended. 

LEGAL SERVICES CORPORATION

PAYMENT TO THE LEGAL SERVICES CORPORATION

For payment to the Legal Services Corporation to carry out 

the purposes of the Legal Services Corporation Act of 1974, 

$390,000,000, of which $365,800,000 is for basic field programs 

and required independent audits; $4,200,000 is for the Office of 

Inspector General, of which such amounts as may be necessary 

may be used to conduct additional audits of recipients; $16,000,000 

is for management and administration; $3,000,000 is for client 

self-help and information technology; and $1,000,000 is for loan 

repayment assistance: Provided, That the Legal Services Corporation may continue to provide locality pay to officers and employees 

at a rate no greater than that provided by the Federal Government 

to Washington, DC-based employees as authorized by 5 U.S.C. 

5304, notwithstanding section 1005(d) of the Legal Services Corporation Act, 42 U.S.C. 2996(d). 

ADMINISTRATIVE PROVISION—LEGAL SERVICES CORPORATION

None of the funds appropriated in this Act to the Legal Services 

Corporation shall be expended for any purpose prohibited or limited 

by, or contrary to any of the provisions of, sections 501, 502, 

503, 504, 505, and 506 of Public Law 105–119, and all funds 

appropriated in this Act to the Legal Services Corporation shall 

be subject to the same terms and conditions set forth in such 

sections, except that all references in sections 502 and 503 to 

1997 and 1998 shall be deemed to refer instead to 2008 and 2009, 

respectively. 

MARINE MAMMAL COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Marine Mammal Commission as authorized by title II of Public Law 92–522, $3,200,000. 

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

SALARIES AND EXPENSES

For necessary expenses of the Office of the United States Trade 

Representative, including the hire of passenger motor vehicles and 

the employment of experts and consultants as authorized by 5 

U.S.C. 3109, $47,272,000, of which $1,000,000 shall remain available until expended: Provided, That not to exceed $124,000 shall 

be available for official reception and representation expenses: Provided further, That negotiations shall be conducted within the World 

Negotiations. 


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123 STAT. 594 PUBLIC LAW 111–8—MAR. 11, 2009 

Trade Organization to recognize the right of members to distribute 

monies collected from antidumping and countervailing duties: Provided further, That negotiations shall be conducted within the World 

Trade Organization consistent with the negotiating objectives contained in the Trade Act of 2002, Public Law 107–210. 

STATE JUSTICE INSTITUTE

SALARIES AND EXPENSES

For necessary expenses of the State Justice Institute, as authorized by the State Justice Institute Authorization Act of 1984 (42 

U.S.C. 10701 et. seq.) $4,100,000, of which $250,000 shall remain 

available until September 30, 2010: Provided, That not to exceed 

$2,500 shall be available for official reception and representation 

expenses. 

TITLE V 

GENERAL PROVISIONS 

SEC. 501. No part of any appropriation contained in this Act 

shall be used for publicity or propaganda purposes not authorized 

by the Congress. 

SEC. 502. 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. 503. The expenditure of any appropriation under this 

Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where 

such expenditures are a matter of public record and available 

for public inspection, except where otherwise provided under 

existing law, or under existing Executive order issued pursuant 

to existing law. 

SEC. 504. If any provision of this Act or the application of 

such provision to any person or circumstances shall be held invalid, 

the remainder of the Act and the application of each provision 

to persons or circumstances other than those as to which it is 

held invalid shall not be affected thereby. 

SEC. 505. (a) None of the funds provided under this Act, or 

provided under previous appropriations Acts to the agencies funded 

by this Act 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 the reprogramming of funds that: 

(1) creates or initiates a new program, project or activity; 

(2) eliminates a program, project or activity, unless the House 

and Senate Committees on Appropriations are notified 15 days 

in advance of such reprogramming of funds; 

(3) increases funds or personnel by any means for any project 

or activity for which funds have been denied or restricted by this 

Act, unless the House and Senate Committees on Appropriations 

are notified 15 days in advance of such reprogramming of funds; 

(4) relocates an office or employees, unless the House and 

Senate Committees on Appropriations are notified 15 days in 

advance of such reprogramming of funds; 

Notifications. 

Deadlines. 

Contracts. 

Negotiations. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 595 

(5) reorganizes or renames offices, programs or activities, unless 

the House and Senate Committees on Appropriations are notified 

15 days in advance of such reprogramming of funds; 

(6) contracts out or privatizes any functions or activities presently performed by Federal employees, unless the House and Senate 

Committees on Appropriations are notified 15 days in advance 

of such reprogramming of funds; 

(7) proposes to use funds directed for a specific activity by 

either the House or Senate Committee on Appropriations for a 

different purpose, unless the House and Senate Committees on 

Appropriations are notified 15 days in advance of such reprogramming of funds; 

(8) augments funds for existing programs, projects or activities 

in excess of $500,000 or 10 percent, whichever is less, or reduces 

by 10 percent funding for any program, project or activity, or 

numbers of personnel by 10 percent as approved by Congress, 

unless the House and Senate Committees on Appropriations are 

notified 15 days in advance of such reprogramming of funds; or 

(9) results from any general savings, including savings from 

a reduction in personnel, which would result in a change in existing 

programs, projects or activities as approved by Congress, unless 

the House and Senate Committees on Appropriations are notified 

15 days in advance of such reprogramming of funds. 

(b) None of the funds in provided under this Act, or provided 

under previous appropriations Acts to the agencies funded by this 

Act 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 the reprogramming of funds after August 1, 

except in extraordinary circumstances, and only after the House 

and Senate Committees on Appropriations are notified 30 days 

in advance of such reprogramming of funds. 

SEC. 506. Hereafter, none of the funds made available in this 

or any other Act may be used to implement, administer, or enforce 

any guidelines of the Equal Employment Opportunity Commission 

covering harassment based on religion, when it is made known 

to the Federal entity or official to which such funds are made 

available that such guidelines do not differ in any respect from 

the proposed guidelines published by the Commission on October 

1, 1993 (58 Fed. Reg. 51266). 

SEC. 507. If it has been finally determined by a court or Federal 

agency that any person intentionally affixed a label bearing a 

‘‘Made in America’’ inscription, or any inscription with the same 

meaning, to any product sold in or shipped to the United States 

that is not made in the United States, the person shall be ineligible 

to receive any contract or subcontract made with funds made available in this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title 

48, Code of Federal Regulations. 

SEC. 508. The Departments of Commerce and Justice, the 

National Science Foundation, and the National Aeronautics and 

Space Administration, shall provide to the House and Senate 

Committees on Appropriations a quarterly accounting of the cumulative balances of any unobligated funds that were received by 

such agency during any previous fiscal year. 

Deadlines. 

Reports. 

Religious 

harassment. 

42 USC 2000e–12 

note. 


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123 STAT. 596 PUBLIC LAW 111–8—MAR. 11, 2009 

SEC. 509. Any costs incurred by a department or agency funded 

under this Act resulting from, or to prevent, personnel actions 

taken in response to funding reductions included in this Act shall 

be absorbed within the total budgetary resources available to such 

department or agency: Provided, That the authority to transfer 

funds between appropriations accounts as may be necessary to 

carry out this section is provided in addition to authorities included 

elsewhere in this Act: Provided further, That use of funds to carry 

out this section shall be treated as a reprogramming of funds 

under section 505 of this Act and shall not be available for obligation 

or expenditure except in compliance with the procedures set forth 

in that section. 

SEC. 510. None of the funds provided by this Act shall be 

available to promote the sale or export of tobacco or tobacco products, or to seek the reduction or removal by any foreign country 

of restrictions on the marketing of tobacco or tobacco products, 

except for restrictions which are not applied equally to all tobacco 

or tobacco products of the same type. 

SEC. 511. None of the funds appropriated pursuant to this 

Act or any other provision of law may be used for— 

(1) the implementation of any tax or fee in connection 

with the implementation of subsection 922(t) of title 18, United 

States Code; and 

(2) any system to implement subsection 922(t) of title 18, 

United States Code, that does not require and result in the 

destruction of any identifying information submitted by or on 

behalf of any person who has been determined not to be prohibited from possessing or receiving a firearm no more than 24 

hours after the system advises a Federal firearms licensee 

that possession or receipt of a firearm by the prospective transferee would not violate subsection (g) or (n) of section 922 

of title 18, United States Code, or State law. 

SEC. 512. Notwithstanding any other provision of law, amounts 

deposited or available in the Fund established under 42 U.S.C. 

10601 in any fiscal year in excess of $635,000,000 shall not be 

available for obligation until the following fiscal year. 

SEC. 513. None of the funds made available to the Department 

of Justice in this Act may be used to discriminate against or 

denigrate the religious or moral beliefs of students who participate 

in programs for which financial assistance is provided from those 

funds, or of the parents or legal guardians of such students. 

SEC. 514. 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 Act or any other appropriations Act. 

SEC. 515. Any funds provided in this Act used to implement 

E-Government Initiatives shall be subject to the procedures set 

forth in section 505 of this Act. 

SEC. 516. (a) Tracing studies conducted by the Bureau of 

Alcohol, Tobacco, Firearms and Explosives are released without 

adequate disclaimers regarding the limitations of the data. 

(b) The Bureau of Alcohol, Tobacco, Firearms and Explosives 

shall include in all such data releases, language similar to the 

following that would make clear that trace data cannot be used 

to draw broad conclusions about firearms-related crime: 

Firearm traces. 

Discrimination. 

42 USC 10601 

note. 

Firearms. 

Tobacco and 

tobacco products. 


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(1) Firearm traces are designed to assist law enforcement 

authorities in conducting investigations by tracking the sale 

and possession of specific firearms. Law enforcement agencies 

may request firearms traces for any reason, and those reasons 

are not necessarily reported to the Federal Government. Not 

all firearms used in crime are traced and not all firearms 

traced are used in crime. 

(2) Firearms selected for tracing are not chosen for purposes 

of determining which types, makes, or models of firearms are 

used for illicit purposes. The firearms selected do not constitute 

a random sample and should not be considered representative 

of the larger universe of all firearms used by criminals, or 

any subset of that universe. Firearms are normally traced 

to the first retail seller, and sources reported for firearms 

traced do not necessarily represent the sources or methods 

by which firearms in general are acquired for use in crime. 

SEC. 517. (a) The Inspectors General of the Department of 

Commerce, the Department of Justice, the National Aeronautics 

and Space Administration, the National Science Foundation, and 

the Legal Services Corporation shall conduct audits, pursuant to 

the Inspector General Act (5 U.S.C. App.), of grants or contracts 

for which funds are appropriated by this Act, and shall submit 

reports to Congress on the progress of such audits, which may 

include preliminary findings and a description of areas of particular 

interest, within 180 days after initiating such an audit and every 

180 days thereafter until any such audit is completed. 

(b) Within 60 days after the date on which an audit described 

in subsection (a) by an Inspector General is completed, the Secretary, Attorney General, Administrator, Director, or President, 

as appropriate, shall make the results of the audit available to 

the public on the Internet website maintained by the Department, 

Administration, Foundation, or Corporation, respectively. The 

results shall be made available in redacted form to exclude— 

(1) any matter described in section 552(b) of title 5, United 

States Code; and 

(2) sensitive personal information for any individual, the 

public access to which could be used to commit identity theft 

or for other inappropriate or unlawful purposes. 

(c) A grant or contract funded by amounts appropriated by 

this Act may not be used for the purpose of defraying the costs 

of a banquet or conference that is not directly and programmatically 

related to the purpose for which the grant or contract was awarded, 

such as a banquet or conference held in connection with planning, 

training, assessment, review, or other routine purposes related to 

a project funded by the grant or contract. 

(d) Any person awarded a grant or contract funded by amounts 

appropriated by this Act shall submit a statement to the Secretary 

of Commerce, the Attorney General, the Administrator, Director, 

or President, as appropriate, certifying that no funds derived from 

the grant or contract will be made available through a subcontract 

or in any other manner to another person who has a financial 

interest in the person awarded the grant or contract. 

(e) The provisions of the preceding subsections of this section 

shall take effect 30 days after the date on which the Director 

of the Office of Management and Budget, in consultation with 

the Director of the Office of Government Ethics, determines that 

a uniform set of rules and requirements, substantially similar to 

Effective date. 

Certification. 

Deadline. 

Public 

information. 

Web posting. 

Audits. 

Reports. 

Deadlines. 


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123 STAT. 598 PUBLIC LAW 111–8—MAR. 11, 2009 

the requirements in such subsections, consistently apply under 

the executive branch ethics program to all Federal departments, 

agencies, and entities. 

SEC. 518. None of the funds appropriated or otherwise made 

available under this Act may be used to issue patents on claims 

directed to or encompassing a human organism. 

SEC. 519. None of the funds made available in this Act shall 

be used in any way whatsoever to support or justify the use of 

torture by any official or contract employee of the United States 

Government. 

SEC. 520. (a) Notwithstanding any other provision of law or 

treaty, none of the funds appropriated or otherwise made available 

under this Act or any other Act may be expended or obligated 

by a department, agency, or instrumentality of the United States 

to pay administrative expenses or to compensate an officer or 

employee of the United States in connection with requiring an 

export license for the export to Canada of components, parts, accessories or attachments for firearms listed in Category I, section 

121.1 of title 22, Code of Federal Regulations (International Trafficking in Arms Regulations (ITAR), part 121, as it existed on 

April 1, 2005) with a total value not exceeding $500 wholesale 

in any transaction, provided that the conditions of subsection (b) 

of this section are met by the exporting party for such articles. 

(b) The foregoing exemption from obtaining an export license— 

(1) does not exempt an exporter from filing any Shipper’s 

Export Declaration or notification letter required by law, or 

from being otherwise eligible under the laws of the United 

States to possess, ship, transport, or export the articles enumerated in subsection (a); and 

(2) does not permit the export without a license of— 

(A) fully automatic firearms and components and parts 

for such firearms, other than for end use by the Federal 

Government, or a Provincial or Municipal Government of 

Canada; 

(B) barrels, cylinders, receivers (frames) or complete 

breech mechanisms for any firearm listed in Category I, 

other than for end use by the Federal Government, or 

a Provincial or Municipal Government of Canada; or 

(C) articles for export from Canada to another foreign 

destination. 

(c) In accordance with this section, the District Directors of 

Customs and postmasters shall permit the permanent or temporary 

export without a license of any unclassified articles specified in 

subsection (a) to Canada for end use in Canada or return to the 

United States, or temporary import of Canadian-origin items from 

Canada for end use in the United States or return to Canada 

for a Canadian citizen. 

(d) The President may require export licenses under this section 

on a temporary basis if the President determines, upon publication 

first in the Federal Register, that the Government of Canada has 

implemented or maintained inadequate import controls for the articles specified in subsection (a), such that a significant diversion 

of such articles has and continues to take place for use in international terrorism or in the escalation of a conflict in another 

nation. The President shall terminate the requirements of a license 

when reasons for the temporary requirements have ceased. 

President. 

Federal Register, 

publication. 

Exports and 

imports. 

Firearms. 

Canada. 

Torture. 

Human 

organism. 


dkrause on GSDDPC29 with PUBLIC LAWS
PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 599 

SEC. 521. Notwithstanding any other provision of law, no 

department, agency, or instrumentality of the United States 

receiving appropriated funds under this Act or any other Act shall 

obligate or expend in any way such funds to pay administrative 

expenses or the compensation of any officer or employee of the 

United States to deny any application submitted pursuant to 22 

U.S.C. 2778(b)(1)(B) and qualified pursuant to 27 CFR section 

478.112 or .113, for a permit to import United States origin ‘‘curios 

or relics’’ firearms, parts, or ammunition. 

SEC. 522. None of the funds made available in this Act may 

be used to include in any new bilateral or multilateral trade agreement the text of— 

(1) paragraph 2 of article 16.7 of the United States-Singapore Free Trade Agreement; 

(2) paragraph 4 of article 17.9 of the United States-Australia Free Trade Agreement; or 

(3) paragraph 4 of article 15.9 of the United States-Morocco 

Free Trade Agreement. 

SEC. 523. None of the funds made available in this Act may 

be used to authorize or issue a national security letter in contravention of any of the following laws authorizing the Federal Bureau 

of Investigation to issue national security letters: The Right to 

Financial Privacy Act; The Electronic Communications Privacy Act; 

The Fair Credit Reporting Act; The National Security Act of 1947; 

USA PATRIOT Act; and the laws amended by these Acts. 

SEC. 524. If at any time during any quarter, the program 

manager of a project within the jurisdiction of the Departments 

of Commerce or Justice, the National Aeronautics and Space 

Administration, or the National Science Foundation totaling more 

than $75,000,000 has reasonable cause to believe that the total 

program cost has increased by 10 percent, the program manager 

shall immediately inform the Secretary, Administrator, or Director. 

The Secretary, Administrator, or Director shall notify the House 

and Senate Committees on Appropriations within 30 days in writing 

of such increase, and shall include in such notice: the date on 

which such determination was made; a statement of the reasons 

for such increases; the action taken and proposed to be taken 

to control future cost growth of the project; changes made in the 

performance or schedule milestones and the degree to which such 

changes have contributed to the increase in total program costs 

or procurement costs; new estimates of the total project or procurement costs; and a statement validating that the project’s management structure is adequate to control total project or procurement 

costs. 

SEC. 525. Funds appropriated by this Act, or made available 

by the transfer of funds in this Act, for intelligence or intelligence 

related 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. 526. The Departments, agencies, and commissions funded 

under this Act, shall establish and maintain on the homepages 

of their Internet websites— 

(1) a direct link to the Internet websites of their Offices 

of Inspectors General; and 

(2) a mechanism on the Offices of Inspectors General 

website by which individuals may anonymously report cases 

Web posting. 

5 USC app. 8L 

note. 

Notification. 

Deadline. 

National security 

letters. 

Firearms. 


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123 STAT. 600 PUBLIC LAW 111–8—MAR. 11, 2009 

of waste, fraud, or abuse with respect to those Departments, 

agencies, and commissions. 

SEC. 527. None of the funds appropriated or otherwise made 

available by this Act may be used to enter into a contract in 

an amount greater than $5,000,000 or to award a grant in excess 

of such amount unless the prospective contractor or grantee certifies 

in writing to the agency awarding the contract or grant that, 

to the best of its knowledge and belief, the contractor or grantee 

has filed all Federal tax returns required during the three years 

preceding the certification, has not been convicted of a criminal 

offense under the Internal Revenue Code of 1986, and has not, 

more than 90 days prior to certification, been notified of any unpaid 

Federal tax assessment for which the liability remains unsatisfied, 

unless the assessment is the subject of an installment agreement 

or offer in compromise that has been approved by the Internal 

Revenue Service and is not in default, or the assessment is the 

subject of a non-frivolous administrative or judicial proceeding. 

SEC. 528. None of the funds appropriated or otherwise made 

available in this Act may be used in a manner that is inconsistent 

with the principal negotiating objective of the United States with 

respect to trade remedy laws to preserve the ability of the United 

States— 

(1) to enforce vigorously its trade laws, including antidumping, countervailing duty, and safeguard laws; 

(2) to avoid agreements that— 

(A) lessen the effectiveness of domestic and international disciplines on unfair trade, especially dumping 

and subsidies; or 

(B) lessen the effectiveness of domestic and international safeguard provisions, in order to ensure that 

United States workers, agricultural producers, and firms 

can compete fully on fair terms and enjoy the benefits 

of reciprocal trade concessions; and 

(3) to address and remedy market distortions that lead 

to dumping and subsidization, including overcapacity, cartelization, and market-access barriers. 

(RESCISSIONS) 

SEC. 529. (a) Of the unobligated balances available to the 

Department of Commerce from prior appropriations, the following 

funds are hereby rescinded from the following accounts and programs in the specified amounts: 

(1) ‘‘Economic Development Administration, Economic Development Assistance Programs’’, $15,000,000; 

(2) ‘‘National Institute of Standards and Technology, Indus- trial Technology Services’’, $5,000,000; 

(3) ‘‘National Telecommunications and Information 

Administration, Salaries and Expenses’’, $3,000,000; 

(4) ‘‘National Telecommunications and Information 

Administration, Public Telecommunications, Facilities, Planning and Construction’’, $1,600,000; and 

(5) ‘‘Bureau of the Census, Periodic Censuses and Programs’’, $1,000,000. 

(b) Of the unobligated balances available to the Department 

of Justice from prior appropriations, the following funds are hereby 

rescinded, not later than September 30, 2009, from the following 

accounts in the specified amounts: 

Deadline. 

Contracts. 

Grants. 

Certification. 


dkrause on GSDDPC29 with PUBLIC LAWS
PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 601 

(1) ‘‘General Administration, Working Capital Fund’’, $100,000,000; 

(2) ‘‘Legal Activities, Assets Forfeiture Fund’’, $285,000,000; 

(3) ‘‘Office of Justice Programs’’, $100,000,000; and 

(4) ‘‘Community Oriented Policing Services’’, $100,000,000. 

(c) Each department affected by the recissions contained in 

subsections (a) and (b) shall, within 30 days of enactment of this 

Act, submit to the Committee on Appropriations of the House 

of Representatives and the Senate a report specifying the amount 

of each rescission made pursuant to this section. 

(d) The recissions contained in this section shall not apply 

to funds provided in this Act. 

SEC. 530. None of the funds made available in this Act may 

be used to purchase first class or premium airline travel in contravention of sections 301–10.122 through 301–10.124 of title 41 

of the Code of Federal Regulations. 

SEC. 531. None of the funds made available in this Act may 

be used to send or otherwise pay for the attendance of more than 

50 employees from a Federal department or agency at any single 

conference occurring outside the United States. 

This division may be cited as the ‘‘Commerce, Justice, Science, 

and Related Agencies Appropriations Act, 2009’’. 

DIVISION C—ENERGY AND WATER DEVELOPMENT AND 

RELATED AGENCIES APPROPRIATIONS ACT, 2009 

TITLE I 

DEPARTMENT OF DEFENSE—CIVIL 

DEPARTMENT OF THE ARMY 

CORPS OF ENGINEERS—CIVIL

The following appropriations shall be expended under the direction of the Secretary of the Army and the supervision of the Chief 

of Engineers for authorized civil functions of the Department of 

the Army pertaining to rivers and harbors, flood and storm damage 

reduction, shore protection, aquatic ecosystem restoration, and 

related efforts. 

INVESTIGATIONS

For expenses necessary where authorized by law for the collection and study of basic information pertaining to river and harbor, 

flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related needs; for surveys and detailed 

studies, and plans and specifications of proposed river and harbor, 

flood and storm damage reduction, shore protection, and aquatic 

ecosystem restoration projects and related efforts prior to construction; for restudy of authorized projects; and for miscellaneous investigations and, when authorized by law, surveys and detailed studies, 

and plans and specifications of projects prior to construction, 

$168,100,000, to remain available until expended: Provided, That, 

except as provided in section 101 of this Act, the amounts made 

available under this paragraph shall be expended as authorized 

in law for the projects and activities specified in the text and 

table under this heading in the explanatory statement described 

Energy and 

Water 

Development and 

Related Agencies 

Appropriations 

Act, 2009. 

Deadline. 

Reports. 


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123 STAT. 602 PUBLIC LAW 111–8—MAR. 11, 2009 

in section 4 (in the matter preceding division A of this consolidated 

Act). 

CONSTRUCTION

For expenses necessary for the construction of river and harbor, 

flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related projects authorized by law; for 

conducting detailed studies, and plans and specifications, of such 

projects (including those involving participation by States, local 

governments, or private groups) authorized or made eligible for 

selection by law (but such detailed studies, and plans and specifications, shall not constitute a commitment of the Government to 

construction); $2,141,677,000, to remain available until expended; 

of which such sums as are necessary to cover the Federal share 

of construction costs for facilities under the Dredged Material Disposal Facilities program shall be derived from the Harbor Maintenance Trust Fund as authorized by Public Law 104–303; and of 

which such sums as are necessary pursuant to Public Law 99– 

662 shall be derived from the Inland Waterways Trust Fund, to 

cover one-half of the costs of construction, replacement, rehabilitation, and expansion of inland waterways projects (including only 

Chickamauga Lock, Tennessee; Kentucky Lock and Dam, Tennessee 

River, Kentucky; Lock and Dams 2, 3, and 4 Monongahela River, 

Pennsylvania; Marmet Lock and Dam, West Virginia; McAlpine 

Lock and Dam, Kentucky and Indiana; Olmsted Lock and Dam, 

Illinois and Kentucky; Gray’s Landing Lock and Dam, Pennsylvania; 

R.C. Byrd Lock and Dam, Ohio and West Virginia; and Point 

Marion Lock and Dam, Pennsylvania) shall be derived from the 

Inland Waterways Trust Fund: Provided, That the Chief of Engi- neers is directed to use $13,000,000 of the funds appropriated 

herein for the Dallas Floodway Extension, Texas, project, including 

the Cadillac Heights feature, generally in accordance with the Chief 

of Engineers report dated December 7, 1999: Provided further, That the Chief of Engineers is directed to use $8,000,000 of the 

funds appropriated herein for planning, engineering, design or 

construction of the Grundy, Buchanan County, and Dickenson 

County, Virginia, elements of the Levisa and Tug Forks of the 

Big Sandy River and Upper Cumberland River Project: Provided 

further, That the Chief of Engineers is directed to use $8,500,000 

of the funds appropriated herein to continue planning, engineering, 

design or construction of the Lower Mingo County, Upper Mingo 

County, Wayne County, McDowell County, West Virginia, elements 

of the Levisa and Tug Forks of the Big Sandy River and Upper 

Cumberland River Project: Provided further, That the Secretary 

of the Army, acting through the Chief of Engineers, is directed 

to use $9,000,000 of the funds appropriated herein for the Clover 

Fork, City of Cumberland, Town of Martin, Pike County (including 

Levisa Fork and Tug Fork Tributaries), Bell County, Harlan County 

in accordance with the Draft Detailed Project Report dated January 

2002, Floyd County, Martin County, Johnson County, and Knox 

County, Kentucky, detailed project report, elements of the Levisa 

and Tug Forks of the Big Sandy River and Upper Cumberland 

River: Provided further, That the Chief of Engineers is directed to use $17,048,000 of the funds provided herein for planning and 

design and construction of a rural health care facility on the Fort 

Berthold Reservation of the Three Affiliated Tribes, North Dakota: 

Provided further, That, except as provided in section 101 of this 


dkrause on GSDDPC29 with PUBLIC LAWS
PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 603 

Act, the amounts made available under this paragraph shall be 

expended as authorized in law for the projects and activities specified in the text and table under this heading in the explanatory 

statement described in section 4 (in the matter preceding division 

A of the consolidated Act). 

MISSISSIPPI RIVER AND TRIBUTARIES

For expenses necessary for flood damage reduction projects 

and related efforts in the Mississippi River alluvial valley below 

Cape Girardeau, Missouri, as authorized by law, $383,823,000, to 

remain available until expended, of which such sums as are necessary to cover the Federal share of eligible operation and maintenance costs for inland harbors shall be derived from the Harbor 

Maintenance Trust Fund: Provided, That the Chief of Engineers 

is directed to use $5,000,000 of the funds provided herein for design 

and real estate activities and pump supply elements for the Yazoo 

Basin, Yazoo Backwater Pumping Plant, Mississippi: Provided further, That the Secretary of the Army, acting through the Chief 

of Engineers is directed to use $8,000,000 appropriated herein for 

construction of water withdrawal features of the Grand Prairie, 

Arkansas, project: Provided further, That, except as provided in 

section 101 of this Act, the amounts made available under this 

paragraph shall be expended as authorized in law for the projects 

and activities specified in the text and table under this heading 

in the explanatory statement described in section 4 (in the matter 

preceding division A of this consolidated Act). 

OPERATION AND MAINTENANCE

For expenses necessary for the operation, maintenance, and 

care of existing river and harbor, flood and storm damage reduction, 

aquatic ecosystem restoration, and related projects authorized by 

law; providing security for infrastructure owned or operated by 

the Corps, including administrative buildings and laboratories; 

maintaining harbor channels provided by a State, municipality, 

or other public agency that serve essential navigation needs of 

general commerce, where authorized by law; surveying and charting 

northern and northwestern lakes and connecting waters; clearing 

and straightening channels; and removing obstructions to navigation, $2,201,900,000, to remain available until expended, of which 

such sums as are necessary to cover the Federal share of eligible 

operation and maintenance costs for coastal harbors and channels, 

and for inland harbors shall be derived from the Harbor Maintenance Trust Fund; of which such sums as become available from 

the special account for the Corps established by the Land and 

Water Conservation Act of 1965, as amended (16 U.S.C. 460l– 

6a(i)), shall be derived from that account for resource protection, 

research, interpretation, and maintenance activities related to 

resource protection in the areas at which outdoor recreation is 

available; and of which such sums as become available from fees 

collected under section 217 of the Water Resources Development 

Act of 1996 (Public Law 104–303), shall be used to cover the 

cost of operation and maintenance of the dredged material disposal 

facilities for which such fees have been collected: Provided, That 

of the amounts provided herein, not to exceed $500,000 is provided 

to the Secretary of the Army to reimburse travel expenses as 

provided for in section 9003(f) of the Water Resources Development 


dkrause on GSDDPC29 with PUBLIC LAWS
123 STAT. 604 PUBLIC LAW 111–8—MAR. 11, 2009 

Act of 2007, Public Law 110–114 (121 Stat. 1289–1290): Provided 

further, That 2 percent of the total amount of funds provided 

for each of the programs, projects or activities funded under this 

heading shall not be allocated to a field operating activity prior 

to the beginning of the fourth quarter of the fiscal year and shall 

be available for use by the Chief of Engineers to fund such emergency activities as the Chief of Engineers determines to be necessary 

and appropriate; and that the Chief of Engineers shall allocate 

during the fourth quarter any remaining funds which have not 

been used for emergency activities proportionally in accordance 

with the amounts provided for the programs, projects or activities: 

Provided further, That, except as provided in section 101 of this 

Act, the amounts made available under this paragraph shall be 

expended as authorized in law for the projects and activities specified in the text and table under the heading in the explanatory 

statement described in section 4 (in the matter preceding division 

A of this consolidated Act). 

REGULATORY PROGRAM

For expenses necessary for administration of laws pertaining 

to regulation of navigable waters and wetlands, $183,000,000, to 

remain available until expended: Provided, That the Secretary of 

the Army, acting through the Chief of Engineers, may use up 

to $3,200,000 of the funds appropriated herein to reimburse the 

Port of Arlington, Gillam County, Oregon, for those direct construction costs determined by the Secretary to have been incurred by 

the Port as a result of and following issuance of the Department 

of the Army Regulatory Program permit for the construction of 

a commercial dock and offload facility at the Port in February 

2007, including the removal of the commercial dock and offload 

facility. 

FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

For expenses necessary to clean up contamination from sites 

in the United States resulting from work performed as part of 

the Nation’s early atomic energy program, $140,000,000, to remain 

available until expended. 

EXPENSES

For expenses necessary for the supervision and general 

administration of the civil works program in the headquarters 

of the United States Army Corps of Engineers, and the offices 

of the Division Engineers; and for the management and operation 

of the Humphreys Engineer Center Support Activity, the Institute 

for Water Resources, the United States Army Engineer Research 

and Development Center, and the United States Army Corps of 

Engineers Finance Center, $179,365,000, to remain available until 

expended, of which not to exceed $5,000 may be used for official 

reception and representation purposes and only during the current 

fiscal year: Provided, That no part of any other appropriation provided in title I of this Act shall be available to fund the civil 

works activities of the Office of the Chief of Engineers or the 

civil works executive direction and management activities of the 

division offices. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 605 

OFFICE OF ASSISTANT SECRETARY OF THE ARMY (CIVIL WORKS) 

For the Office of Assistant Secretary of the Army (Civil Works) 

as authorized by 10 U.S.C. 3016(b)(3), $4,500,000, to remain available until expended. 

ADMINISTRATIVE PROVISION

The Revolving Fund, Corps of Engineers, shall be available 

during the current fiscal year for purchase (not to exceed 100 

for replacement only) and hire of passenger motor vehicles for 

the civil works program. 

GENERAL PROVISIONS, CORPS OF ENGINEERS—CIVIL

SEC. 101. (a) None of the funds provided in title I of this 

Act, or provided by previous appropriations Acts to the agencies 

or entities funded in title I of this Act that remain available for 

obligation or expenditure in fiscal year 2009, shall be available 

for obligation or expenditure through a reprogramming of funds 

that: 

(1) creates or initiates a new program, project, or activity; 

(2) eliminates a program, project, or activity; 

(3) increases funds or personnel for any program, project, 

or activity for which funds have been denied or restricted 

by this Act, unless prior approval is received from the House 

and Senate Committees on Appropriations; 

(4) proposes to use funds directed for a specific activity 

for a different purpose, unless prior approval is received from 

the House and Senate Committees on Appropriations; 

(5) augments or reduces existing programs, projects or 

activities in excess of the amounts contained in subsections 

6 through 10, unless prior approval is received from the House 

and Senate Committees on Appropriations; 

(6) INVESTIGATIONS.—For a base level over $100,000, reprogramming of 25 percent of the base amount up to a limit 

of $150,000 per project, study or activity is allowed: Provided, 

That for a base level less than $100,000, the reprogramming 

limit is $25,000; Provided further, That up to $25,000 may 

be reprogrammed into any continuing study or activity that 

did not receive an appropriation for existing obligations and 

concomitant administrative expenses; 

(7) CONSTRUCTION.—For a base level over $2,000,000, reprogramming of 15 percent of the base amount up to a limit 

of $3,000,000 per project, study or activity is allowed: Provided, 

That for a base level less than $2,000,000, the reprogramming 

limit is $300,000: Provided further, That up to $3,000,000 may 

be reprogrammed for settled contractor claims, changed conditions, or real estate deficiency judgments: Provided further, 

That up to $300,000 may be reprogrammed into any continuing 

study or activity that did not receive an appropriation for 

existing obligations and concomitant administrative expenses; 

(8) OPERATION AND MAINTENANCE.—Unlimited reprogramming authority is granted in order for the Corps to be able 

to respond to emergencies: Provided, That the Chief of Engineers must notify the House and Senate Committees on Appropriations of these emergency actions as soon thereafter as practicable: Provided further, That for a base level over $1,000,000, Notification. 

Reprogramming 

authority. 


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123 STAT. 606 PUBLIC LAW 111–8—MAR. 11, 2009 

reprogramming of 15 percent of the base amount up to a 

limit of $5,000,000 per project, study or activity is allowed: 

Provided further, That for a base level less than $1,000,000, 

the reprogramming limit is $150,000: Provided further, That 

$150,000 may be reprogrammed into any continuing study or 

activity that did not receive an appropriation; 

(9) MISSISSIPPI RIVER AND TRIBUTARIES.—The same reprogramming guidelines for the Investigations, Construction, 

and Operation and Maintenance portions of the Mississippi 

River and Tributaries Account as listed above; and 

(10) FORMERLY UTILIZED SITES REMEDIAL ACTION PRO- GRAM.—Reprogramming of up to 15 percent of the base of 

the receiving project is permitted. 

(b) CONTINUING AUTHORITIES PROGRAM.—Subsection (a)(1) shall 

not apply to any project or activity funded under the continuing 

authorities program. 

(c) Not later than 60 days after the date of enactment of 

this Act, the Corps of Engineers shall submit a report to the 

House and Senate Committees on Appropriations to establish the 

baseline for application of reprogramming and transfer authorities 

for the current fiscal year: 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 object class and program, project and activity as detailed 

in the budget appendix for the respective appropriations; and 

(3) An identification of items of special congressional 

interest: Provided further, That the amount appropriated for 

salaries and expenses of the Corps of Engineers shall be reduced 

by $100,000 per day for each day after the required date that 

the report has not been submitted to the Congress. 

SEC. 102. None of the funds in this Act, or previous Acts, 

making funds available for Energy and Water Development, shall 

be used to implement any pending or future competitive sourcing 

actions under OMB Circular A–76 or High Performing Organizations for the U.S. Army Corps of Engineers. 

SEC. 103. None of the funds made available in this title may 

be used to award or modify any contract that commits an amount 

for a project in excess of the amounts appropriated for that project 

that remain unobligated. 

SEC. 104. Within 90 days of the date of the Chief of Engineers 

Report on a water resource matter, the Assistant Secretary of 

the Army (Civil Works) shall submit the report to the appropriate 

authorizing and appropriating committees of the Congress. 

SEC. 105. WATER REALLOCATION, LAKE CUMBERLAND, KENTUCKY. (a) IN GENERAL.—Subject to subsection (b), none of the 

funds made available by this Act may be used to carry out any 

water reallocation project or component under the Wolf Creek 

Project, Lake Cumberland, Kentucky, authorized under the Act 

of June 28, 1938 (52 Stat. 1215, ch. 795) and the Act of July 

24, 1946 (60 Stat. 636, ch. 595). 

(b) EXISTING REALLOCATIONS.—Subsection (a) shall not apply 

to any water reallocation for Lake Cumberland, Kentucky, that 

is carried out subject to an agreement or payment schedule in 

effect on the date of enactment of this Act. 

Deadline. 

Reports. 

Contracts. 

Fines. 

Deadline. 

Reports. 


dkrause on GSDDPC29 with PUBLIC LAWS
PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 607 

SEC. 106. Section 121 of the Energy and Water Development 

Appropriations Act, 2006 (Public Law 109–103; 119 Stat. 2256) 

is amended by striking subsection (a) and inserting the following: 

‘‘(a) Hereafter, the Secretary of the Army may carry out and 

fund planning studies, watershed surveys and assessments, or technical studies at 100 percent Federal expense to accomplish the 

purposes of the 2003 Biological Opinion described in section 205(b) 

of the Energy and Water Development Appropriations Act, 2005 

(Public Law 108–447; 118 Stat. 2949) as amended by subsection 

(b) or any related subsequent biological opinion, and the collaborative program long-term plan. In carrying out a study, survey, 

or assessment under this subsection, the Secretary of the Army 

shall consult with Federal, State, tribal and local governmental 

entities, as well as entities participating in the Middle Rio Grande 

Endangered Species Collaborative Program referred to in section 

205 of this Act: Provided, That the Secretary of the Army may 

also provide planning and administrative assistance to the Middle 

Rio Grande Endangered Species Collaborative Program, which shall 

not be subject to cost sharing requirements with non-Federal 

interests.’’. 

SEC. 107. None of the funds in this Act, or previous Acts, 

making funds available for Energy and Water Development shall 

be used to award any continuing contract that commits additional 

funding from the Inland Waterway Trust Fund unless or until 

such time that a permanent solution to enhance revenues in the 

fund is enacted. 

SEC. 108. The Secretary is authorized to conduct a study of 

the Missouri River Projects located within the Missouri River basin 

at a total cost of $25,000,000 with the express purpose to review 

the original project purposes based on the Flood Control Act of 

1944, as amended, and other subsequent relevant legislation and 

judicial rulings to determine if changes to the authorized project 

purposes and existing Federal water resource infrastructure may 

be warranted: Provided, That this study shall be undertaken at 

full Federal expense. 

SEC. 109. Section 134 of Public Law 108–137 (117 Stat. 1842), 

as amended by section 128(b) of Public Law 109–103 (119 Stat. 

2260), is further amended by striking ‘‘$30,000,000’’ wherever it 

appears and inserting ‘‘$48,300,000’’ in lieu thereof. 

SEC. 110. Section 101(a)(5) of the Water Resources Development 

Act of 1996 (110 Stat. 3663) is amended— 

(1) by inserting ‘‘(A) IN GENERAL.—’’ before ‘‘The’’; and 

(2) by adding at the end the following: 

‘‘(B) CREDIT TOWARD NON-FEDERAL SHARE.—The Secretary shall credit toward the non-Federal share of the 

project the costs expended by non-Federal interests for 

the replacement and reconstruction of the Soquel Avenue 

Bridge. 

‘‘(C) MAXIMUM AMOUNT OF CREDIT.—The credit under 

paragraph (B) may not exceed $2,000,000. 

‘‘(D) LIMITATION OF TOTAL PROJECT COST.—The Secretary shall not include the costs to be credited under 

paragraphs (B) and (C) in total project costs in determining 

the amounts of the Federal and non-Federal contributions.’’. 

SEC. 111. The Missouri River Levee System (MRLS) Unit L– 

385 Project, Riverside, Missouri, authorized by the Flood Control 

Act of 1941, Public Law 77–228, and the Flood Control Act of 

Study. 

Contracts. 

Consultation. 


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1944, Public Law 78–534, is modified to direct the Secretary, acting 

through the Chief of Engineers, to take such action as is necessary 

to correct deficiencies in the L–385 levee system in Riverside, Missouri at full Federal expense at a cost of no more than $7,000,000. 

SEC. 112. Section 115 of the Energy and Water Development 

and Related Agencies Appropriations Act, 2008 as contained in 

division C of Public Law 110–161, is amended by striking 

‘‘$20,000,000. The Secretary shall transfer this facility to the Secretary of the Interior for operation and maintenance upon the 

completion of construction.’’ and inserting in lieu thereof, 

‘‘$20,000,000: Provided, That the Secretary shall transfer ownership 

of this facility to the Secretary of Health and Human Services 

for operation and maintenance upon the completion of construction.’’. 

SEC. 113. Section 103(c)(7) of the Water Resources Development 

Act of 1992 (106 Stat. 4811–12), as amended by section 117 of 

the Energy and Water Development Appropriations Act of 2006 

(119 Stat. 2255), is further amended by striking ‘‘15,000,000’’ and 

inserting ‘‘26,000,000’’. 

SEC. 114. Section 3118 of Public Law 110–114 (121 Stat. 1137) 

is amended by— 

(1) in paragraph (b) by inserting after ‘‘New Mexico’’ the 

following: ‘‘in accordance with the plans recommended in the 

feasibility report for the Middle Rio Grande Bosque, New 

Mexico, scheduled for completion in December 2008’’; 

(2) redesignating subsection (d) as subsection (e); and 

(3) inserting a new subsection (d): 

‘‘(d) COST SHARING.—Any requirement for non-Federal participation in a project carried out in the bosque of Bernalillo County, 

New Mexico, pursuant to this section shall be limited to the provision of lands, easements, rights-of-way, relocations, and dredged 

material disposal areas necessary for construction, operation and 

maintenance of the project.’’. 

SEC. 115. The non-Federal interest for the project referenced 

in section 3154 of the Water Resources Development Act of 2007 

(Public Law 110–114; 121 Stat. 1148) may carry out design and 

construction work on the project in advance of Federal appropriations or may provide funds directly to the Secretary for the Secretary to carry out such work: Provided, That the Secretary of 

the Army shall reimburse the non-Federal interest for any costs 

incurred by the non-Federal interest that are in excess of the 

non-Federal share of total project costs subject to the availability 

of appropriations. 

SEC. 116. The Colorado Department of Natural Resources is 

authorized to perform modifications of the facility (Chatfield Reservoir, Colorado), and any required mitigation which results from 

implementation of the project: Provided, That in carrying out the 

reassignment of storage space provided for in this section, the 

Secretary shall collaborate with the Colorado Department of Natural Resources and local interests to determine costs to be repaid 

for storage that reflects the limited reliability of the resources 

and the capability of non-Federal interests to make use of the 

reallocated storage space in Chatfield Reservoir, Colorado. 

SEC. 117. Section 117 of the Energy and Water Development 

and Related Agencies Appropriations Act, 2005, as contained in 

118 Stat. 2944. division C of Public Law 108–447, is hereby repealed. 

Colorado. 

Reimbursements. 

121 Stat. 1945. 


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SEC. 118. The Secretary of Army, acting through the Chief 

of Engineers, shall reassign the regulatory boundaries of the Chicago District to align with the existing civil works boundaries 

of the Chicago District. 

TITLE II 

DEPARTMENT OF THE INTERIOR 

CENTRAL UTAH PROJECT

CENTRAL UTAH PROJECT COMPLETION ACCOUNT

For carrying out activities authorized by the Central Utah 

Project Completion Act, $40,360,000, to remain available until 

expended, of which $987,000 shall be deposited into the Utah Reclamation Mitigation and Conservation Account for use by the Utah 

Reclamation Mitigation and Conservation Commission. In addition, 

for necessary expenses incurred in carrying out related responsibilities of the Secretary of the Interior, $1,640,000, to remain available 

until expended. For fiscal year 2009, the Commission may use 

an amount not to exceed $1,500,000 for administrative expenses. 

BUREAU OF RECLAMATION

The following appropriations shall be expended to execute 

authorized functions of the Bureau of Reclamation: 

WATER AND RELATED RESOURCES

(INCLUDING TRANSFERS OF FUNDS) 

For management, development, and restoration of water and 

related natural resources and for related activities, including the 

operation, maintenance, and rehabilitation of reclamation and other 

facilities, participation in fulfilling related Federal responsibilities 

to Native Americans, and related grants to, and cooperative and 

other agreements with, State and local governments, federally recognized Indian tribes, and others, $920,259,000, to remain available 

until expended, of which $46,655,000 shall be available for transfer 

to the Upper Colorado River Basin Fund and $24,962,000 shall 

be available for transfer to the Lower Colorado River Basin Development Fund; of which such amounts as may be necessary may 

be advanced to the Colorado River Dam Fund; of which not more 

than $500,000 is for high priority projects which shall be carried 

out by the Youth Conservation Corps, as authorized by 16 U.S.C. 

1706: Provided, That such transfers may be increased or decreased 

within the overall appropriation under this heading: Provided further, That of the total appropriated, the amount for program activities that can be financed by the Reclamation Fund or the Bureau 

of Reclamation special fee account established by 16 U.S.C. 460l– 

6a(i) shall be derived from that Fund or account: Provided further, 

That funds contributed under 43 U.S.C. 395 are available until 

expended for the purposes for which contributed: Provided further, 

That funds advanced under 43 U.S.C. 397a shall be credited to 

this account and are available until expended for the same purposes 

as the sums appropriated under this heading: Provided further, 

Reassignment. 


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That funds available for expenditure for the Departmental Irrigation Drainage Program may be expended by the Bureau of Reclamation for site remediation on a nonreimbursable basis: Provided 

further, That funds provided for the Friant-Kern and Madera Canals 

improvements may be expended on a non-reimbursable basis: Provided further, That $4,000,000 of the funds appropriated under 

this heading shall be deposited in the San Gabriel Basin Restoration 

Fund established by section 110 of title I of appendix D of Public 

Law 106–554: Provided further, That, except as provided in section 

201 of this Act, the amounts made available under this paragraph 

shall be expended as authorized in law for the projects and activities 

specified in the text and table under this heading in the explanatory 

statement described in section 4 (in the matter preceding division 

A of this consolidated Act). 

CENTRAL VALLEY PROJECT RESTORATION FUND

For carrying out the programs, projects, plans, habitat restoration, improvement, and acquisition provisions of the Central Valley 

Project Improvement Act, $56,079,000, to be derived from such 

sums as may be collected in the Central Valley Project Restoration 

Fund pursuant to sections 3407(d), 3404(c)(3), 3405(f), and 

3406(c)(1) of Public Law 102–575, to remain available until 

expended: Provided, That the Bureau of Reclamation is directed 

to assess and collect the full amount of the additional mitigation 

and restoration payments authorized by section 3407(d) of Public 

Law 102–575: Provided further, That none of the funds made available under this heading may be used for the acquisition or leasing 

of water for in-stream purposes if the water is already committed 

to in-stream purposes by a court adopted decree or order. 

CALIFORNIA BAY-DELTA RESTORATION

(INCLUDING TRANSFERS OF FUNDS) 

For carrying out activities authorized by the Water Supply, 

Reliability, and Environmental Improvement Act, consistent with 

plans to be approved by the Secretary of the Interior, $40,000,000, 

to remain available until expended, of which such amounts as 

may be necessary to carry out such activities may be transferred 

to appropriate accounts of other participating Federal agencies to 

carry out authorized purposes: Provided, That funds appropriated 

herein may be used for the Federal share of the costs of CALFED 

Program management: Provided further, That the use of any funds 

provided to the California Bay-Delta Authority for program-wide 

management and oversight activities shall be subject to the approval 

of the Secretary of the Interior: Provided further, That CALFED 

implementation shall be carried out in a balanced manner with 

clear performance measures demonstrating concurrent progress in 

achieving the goals and objectives of the Program. 

POLICY AND ADMINISTRATION

(INCLUDING TRANSFER OF FUNDS) 

For necessary expenses of policy, administration, and related 

functions in the Office of the Commissioner, the Denver office, 

and offices in the five regions of the Bureau of Reclamation, to 

remain available until expended, $59,400,000, to be derived from 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 611 

the Reclamation Fund and be nonreimbursable as provided in 43 

U.S.C. 377: Provided, That no part of any other appropriation 

in this Act shall be available for activities or functions budgeted 

as policy and administration expenses: Provided further, That, of 

the funds provided under this heading, $10,000,000 shall be transferred to ‘‘Water and Related Resources’’ upon the expiration of 

the 90-day period following the date of enactment of this Act if 

during such period, the Secretary of the Interior has not submitted 

to the Committees on Appropriations of the House of Representatives and the Senate the Bureau of Reclamation’s five-year budget 

plan. 

ADMINISTRATIVE PROVISION

Appropriations for the Bureau of Reclamation shall be available 

for purchase of not to exceed seven passenger motor vehicles, which 

are for replacement only. 

GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

SEC. 201. (a) None of the funds provided in title II of this 

Act for Water and Related Resources, or provided by previous 

appropriations Acts to the agencies or entities funded in title II 

of this Act for Water and Related Resources that remain available 

for obligation or expenditure in fiscal year 2009, shall be available 

for obligation or expenditure through a reprogramming of funds 

that— 

(1) initiates or creates a new program, project, or activity; 

(2) eliminates a program, project, or activity; 

(3) increases funds for any program, project, or activity 

for which funds have been denied or restricted by this Act, 

unless prior approval is received from the Committees on 

Appropriations of the House of Representatives and the Senate; 

(4) restarts or resumes any program, project or activity 

for which funds are not provided in this Act, unless prior 

approval is received from the Committees on Appropriations 

of the House of Representatives and the Senate; 

(5) transfers funds in excess of the following limits, unless 

prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate: 

(A) 15 percent for any program, project or activity 

for which $2,000,000 or more is available at the beginning 

of the fiscal year; or 

(B) $300,000 for any program, project or activity for 

which less than $2,000,000 is available at the beginning 

of the fiscal year; 

(6) transfers more than $500,000 from either the Facilities 

Operation, Maintenance, and Rehabilitation category or the 

Resources Management and Development category to any program, project, or activity in the other category, unless prior 

approval is received from the Committees on Appropriations 

of the House of Representatives and the Senate; or 

(7) transfers, where necessary to discharge legal obligations 

of the Bureau of Reclamation, more than $5,000,000 to provide 

adequate funds for settled contractor claims, increased contractor earnings due to accelerated rates of operations, and 

real estate deficiency judgments, unless prior approval is 

Transfer date. 

Budget plan. 


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123 STAT. 612 PUBLIC LAW 111–8—MAR. 11, 2009 

received from the Committees on Appropriations of the House 

of Representatives and the Senate. 

(b) Subsection (a)(5) shall not apply to any transfer of funds 

within the Facilities Operation, Maintenance, and Rehabilitation 

category. 

(c) For purposes of this section, the term ‘‘transfer’’ means 

any movement of funds into or out of a program, project, or activity. 

(d) The Bureau of Reclamation shall submit reports on a quarterly basis to the Committees on Appropriations of the House of 

Representatives and the Senate detailing all the funds 

reprogrammed between programs, projects, activities, or categories 

of funding. The first quarterly report shall be submitted not later 

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

SEC. 202. (a) None of the funds appropriated or otherwise 

made available by this Act may be used to determine the final 

point of discharge for the interceptor drain for the San Luis Unit 

until development by the Secretary of the Interior and the State 

of California of a plan, which shall conform to the water quality 

standards of the State of California as approved by the Administrator of the Environmental Protection Agency, to minimize any 

detrimental effect of the San Luis drainage waters. 

(b) The costs of the Kesterson Reservoir Cleanup Program 

and the costs of the San Joaquin Valley Drainage Program shall 

be classified by the Secretary of the Interior as reimbursable or 

nonreimbursable and collected until fully repaid pursuant to the 

‘‘Cleanup Program-Alternative Repayment Plan’’ and the ‘‘SJVDPAlternative Repayment Plan’’ described in the report entitled 

‘‘Repayment Report, Kesterson Reservoir Cleanup Program and San 

Joaquin Valley Drainage Program, February 1995’’, prepared by 

the Department of the Interior, Bureau of Reclamation. Any future 

obligations of funds by the United States relating to, or providing 

for, drainage service or drainage studies for the San Luis Unit 

shall be fully reimbursable by San Luis Unit beneficiaries of such 

service or studies pursuant to Federal reclamation law. 

SEC. 203. None of the funds appropriated or otherwise made 

available by this or any other Act may be used to pay the salaries 

and expenses of personnel to purchase or lease water in the Middle 

Rio Grande or the Carlsbad Projects in New Mexico unless said 

purchase or lease is in compliance with the purchase requirements 

of section 202 of Public Law 106–60. 

SEC. 204. Funds under this title for Drought Emergency Assistance shall be made available primarily for leasing of water for 

specified drought related purposes from willing lessors, in compliance with existing State laws and administered under State water 

priority allocation. 

SEC. 205. The Secretary of the Interior, acting through the 

Commissioner of the Bureau of Reclamation, is authorized to enter 

into grants, cooperative agreements, and other agreements with 

irrigation or water districts and States to fund up to 50 percent 

of the cost of planning, designing, and constructing improvements 

that will conserve water, increase water use efficiency, or enhance 

water management through measurement or automation, at 

existing water supply projects within the States identified in the 

Act of June 17, 1902, as amended, and supplemented: Provided, 

That when such improvements are to federally owned facilities, 

such funds may be provided in advance on a nonreimbursable 

basis to an entity operating affected transferred works or may 

Grants. 

Contracts. 

New Mexico. 

California. 

Drainage plan. 

Deadline. 

Reports. 

Deadlines. 

Definition. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 613 

be deemed nonreimbursable for nontransferred works: Provided 

further, That the calculation of the non-Federal contribution shall 

provide for consideration of the value of any in-kind contributions, 

but shall not include funds received from other Federal agencies: 

Provided further, That the cost of operating and maintaining such 

improvements shall be the responsibility of the non-Federal entity: 

Provided further, That this section shall not supercede any existing 

project-specific funding authority: Provided further, That the Secretary is also authorized to enter into grants or cooperative agreements with universities or nonprofit research institutions to fund 

water use efficiency research. 

SEC. 206. (a) Section 209 of the Energy and Water Development 

Appropriations Act, 2004 (Public Law 108–137; 117 Stat. 1850) 

is repealed. 

(b) The Secretary of the Interior (referred to in this section 

as the ‘‘Secretary’’) shall establish and maintain an Executive Committee of the Middle Rio Grande Endangered Species Collaborative 

Program (referred to in this section as the ‘‘Executive Committee’’) 

consistent with the bylaws of the Middle Rio Grande Endangered 

Species Collaborative Program adopted on October 2, 2006. 

(c) Hereafter, in compliance with applicable Federal and State 

laws, the Secretary (acting through the Commissioner of Reclamation), in collaboration with the Executive Committee, may enter 

into any grants, contracts, cooperative agreements, interagency 

agreements, or other agreements that the Secretary determines 

to be necessary to comply with the 2003 Biological Opinion described 

in section 205(b) of the Energy and Water Development Appropriations Act, 2005 (Public Law 108–447; 118 Stat. 2949) as amended 

by section 121(b) of the Energy and Water Development Appropriations Act, 2006 (Public Law 109–103; 119 Stat. 2256) or any related 

subsequent biological opinion or in furtherance of the objectives 

set forth in the collaborative program long-term plan. 

(d)(1) The acquisition of water under subsection (c) and any 

administrative costs associated with carrying out subsection (c) 

shall be at full Federal expense. 

(2) Not more than 15 percent of amounts appropriated to carry 

out subsection (c) shall be made available for the payment of 

administrative expenses associated with carrying out that subsection. 

(e)(1) The non-Federal share of activities carried out under 

subsection (c) (other than an activity or a cost described in subsection (d)(1)) shall be 25 percent. The non-Federal cost share 

shall be determined on a programmatic, rather than a projectby-project basis. 

(2) The non-Federal share required under paragraph (1) may 

be in the form of in-kind contributions, the value of which shall 

be determined by the Secretary in consultation with the executive 

committee. 

(f) Nothing in this section modifies or expands the discretion 

of the Secretary with respect to operating reservoir facilities under 

the jurisdiction of the Secretary in the Rio Grande Valley, New 

Mexico. 

SEC. 207. Section 208 of the Energy and Water Development 

and Related Agencies Appropriations Act, 2008 (Public Law 110– 

161; 121 Stat. 1953) is amended— 

(1) in subsection (a)— 

Establishment. 

Grants. 

Contracts. 


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123 STAT. 614 PUBLIC LAW 111–8—MAR. 11, 2009 

(A) in paragraph (2)(B), by inserting ‘‘, as determined 

by the nonprofit conservation organization’’ after ‘‘Lake’’; 

and 

(B) in paragraph (4), by striking ‘‘retirement of water 

rights’’ and all that follows through the semicolon at the 

end and inserting ‘‘retirement of water rights;’’; and 

(2) in subsection (b), by striking ‘‘June 30, 2010’’ and 

inserting ‘‘June 30, 2012’’. 

SEC. 208. Notwithstanding any other provision of law, of 

amounts made available under section 2507 of the Farm Security 

and Rural Investment Act of 2002 (43 U.S.C. 2211 note; Public 

Law 107–171), the Secretary of the Interior acting through the 

Commissioner of Reclamation, shall allocate— 

(1) $300,000 to the Desert Research Institute for LIDAR 

acquisition data in the Walker River Basin, to supplement 

water rights research and data funded under section 208(a)(1) 

of the Energy and Water Development Appropriations Act, 

2006 (Public Law 109–103; 119 Stat. 2268); and (2) $300,000 to the Director of the United States Fish 

and Wildlife Service to conduct a multiyear assessment of and 

monitoring of the ability of west central Nevada lakes to support 

migratory loons, and identification of wintering areas and 

annual range of loons using Walker Lake during migration. 

TITLE III 

DEPARTMENT OF ENERGY 

ENERGY PROGRAMS 

ENERGY EFFICIENCY AND RENEWABLE ENERGY

For Department of Energy expenses including the purchase, 

construction, and acquisition of plant and capital equipment, and 

other expenses necessary for energy efficiency and renewable energy 

activities in carrying out the purposes of the Department of Energy 

Organization Act (42 U.S.C. 7101 et seq.), including the acquisition 

or condemnation of any real property or any facility or for plant 

or facility acquisition, construction, or expansion, and the purchase 

of not to exceed two passenger vehicles for replacement, 

$1,928,540,000, to remain available until expended: Provided, That, 

of the amount appropriated in this paragraph, $228,803,380 shall 

be used for projects specified in the table that appears under 

the heading ‘‘Congressionally Directed Energy Efficiency and 

Renewable Energy Projects’’ in the text and table under this heading 

in the explanatory statement described in section 4 (in the matter 

preceding division A of this consolidated Act). 

ELECTRICITY DELIVERY AND ENERGY RELIABILITY

For Department of Energy expenses including the purchase, 

construction, and acquisition of plant and capital equipment, and 

other expenses necessary for electricity delivery and energy reliability activities in carrying out the purposes of the Department 

of Energy Organization Act (42 U.S.C. 7101 et seq.), including 

the acquisition or condemnation of any real property or any facility 

or for plant or facility acquisition, construction, or expansion, 

$137,000,000, to remain available until expended: Provided, That, 

Fish and fishing. 

Nevada. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 615 

of the amount appropriated in this paragraph, $19,648,475 shall 

be used for projects specified in the table that appears under 

the heading ‘‘Congressionally Directed Electricity Delivery and 

Energy Reliability Projects’’ in the text and table under this heading 

in the explanatory statement described in section 4 (in the matter 

preceding division A of this consolidated Act). 

NUCLEAR ENERGY

(INCLUDING TRANSFER OF FUNDS) 

For Department of Energy expenses including the purchase, 

construction, and acquisition of plant and capital equipment, and 

other expenses necessary for nuclear energy activities in carrying 

out the purposes of the Department of Energy Organization Act 

(42 U.S.C. 7101 et seq.), including the acquisition or condemnation 

of any real property or any facility or for plant or facility acquisition, 

construction, or expansion, and the purchase of not to exceed 29 

passenger motor vehicles, including three new buses and 26 replacement vehicles, including one ambulance, $792,000,000, to remain 

available until expended: Provided, That, of the amount appro- priated in this paragraph, $2,854,500 shall be used for projects 

specified in the table that appears under the heading ‘‘Congressionally Directed Nuclear Energy Projects’’ in the text and table under 

this heading in the explanatory statement described in section 

4 (in the matter preceding division A of this consolidated Act). 

CLEAN COAL TECHNOLOGY

(INCLUDING TRANSFER OF FUNDS) 

Of the funds made available under this heading for obligation 

in prior years, $149,000,000 of uncommitted balances are transferred to Fossil Energy Research and Development to be used 

until expended: Provided, That funds made available in previous 

appropriations Acts shall be made available for any ongoing project 

regardless of the separate request for proposal under which the 

project was selected. 

FOSSIL ENERGY RESEARCH AND DEVELOPMENT

(INCLUDING TRANSFER OF FUNDS) 

For necessary expenses in carrying out fossil energy research 

and development activities, under the authority of the Department 

of Energy Organization Act (Public Law 95–91), including the 

acquisition of interest, including defeasible and equitable interests 

in any real property or any facility or for plant or facility acquisition 

or expansion, and for conducting inquiries, technological investigations and research concerning the extraction, processing, use, and 

disposal of mineral substances without objectionable social and 

environmental costs (30 U.S.C. 3, 1602, and 1603), $876,320,000, 

to remain available until expended, of which $149,000,000 shall 

be derived by transfer from ‘‘Clean Coal Technology’’: Provided, 

That of the amounts provided, $288,174,000 is available for the 

Clean Coal Power Initiative Round III solicitation, pursuant to 

title IV of the Public Law 109–58: Provided further, That funds 

appropriated for prior solicitations under the Clean Coal Technology 

Program, Power Plant Improvement Initiative, Clean Coal Power 


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123 STAT. 616 PUBLIC LAW 111–8—MAR. 11, 2009 

Initiative, and FutureGen, but not required by the Department 

to meet its obligations on projects selected under such solicitations, 

may be utilized for the Clean Coal Power Initiative Round III 

solicitation under this Act in accordance with the requirements 

of this Act rather than the Acts under which the funds were 

appropriated: Provided further, That no Clean Coal Power Initiative 

project may be selected for which full funding is not available 

to provide for the total project: Provided further, That if a Clean 

Coal Power Initiative project selected after enactment of this legislation for negotiation under this or any other Act in any fiscal year, 

is not awarded within 2 years from the date the application was 

selected, negotiations shall cease and the Federal funds committed 

to the application shall be retained by the Department for future 

coal-related research, development and demonstration projects, 

except that the time limit may be extended at the Secretary’s 

discretion for matters outside the control of the applicant, or if 

the Secretary determines that extension of the time limit is in 

the public interest: Provided further, That the Secretary may not 

delegate this responsibility for applications greater than 

$10,000,000: Provided further, That financial assistance for costs 

in excess of those estimated as of the date of award of original 

Clean Coal Power Initiative financial assistance may not be provided in excess of the proportion of costs borne by the Government 

in the original agreement and shall be limited to 25 percent of 

the original financial assistance: Provided further, That funds shall 

be expended in accordance with the provisions governing the use 

of funds contained under the heading ‘‘Clean Coal Technology’’ 

in 42 U.S.C. 5903d as well as those contained under the heading 

‘‘Clean Coal Technology’’ in prior appropriations: Provided further, 

That any technology selected under these programs shall be considered a Clean Coal Technology, and any project selected under 

these programs shall be considered a Clean Coal Technology Project, 

for the purposes of 42 U.S.C. 7651n, and chapters 51, 52, and 

60 of title 40 of the Code of Federal Regulations: Provided further, 

That funds available for the Clean Coal Power Initiative Round 

III Funding Opportunity Announcement may be used to support 

any technology that meets the requirements of the Round III 

Announcement relating to carbon capture and storage or other 

beneficial uses of CO2, without regard to the 70 and 30 percent 

funding allocations specified in section 402(b)(1)(A) and 402(b)(2)(A) 

of Public Law 109–58: Provided further, That no part of the sum 

herein made available shall be used for the field testing of nuclear 

explosives in the recovery of oil and gas: Provided further, That, 

of the amount appropriated in this paragraph, $43,864,150 shall 

be used for projects specified in the table that appears under 

the heading ‘‘Congressionally Directed Fossil Energy Projects’’ in 

the text and table under this heading in the explanatory statement 

described in section 4 (in the matter preceding division A of this 

consolidated Act). 

NAVAL PETROLEUM AND OIL SHALE RESERVES

For expenses necessary to carry out naval petroleum and oil 

shale reserve activities, including the hire of passenger motor 

vehicles, $19,099,000, to remain available until expended: Provided, 

That, notwithstanding any other provision of law, unobligated funds 

Deadline. 

42 USC 15965. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 617 

remaining from prior years shall be available for all naval petroleum 

and oil shale reserve activities. 

STRATEGIC PETROLEUM RESERVE

For necessary expenses for Strategic Petroleum Reserve facility 

development and operations and program management activities 

pursuant to the Energy Policy and Conservation Act of 1975, as 

amended (42 U.S.C. 6201 et seq.), $205,000,000, to remain available 

until expended, of which $31,507,000 shall be provided to initiate 

new site expansion activities, beyond land acquisition, consistent 

with the budget request: Provided, That none of the funds provided 

for new site expansion activities may be obligated or expended 

for authorized activities until the Secretary has submitted a report 

to the Congress on the effects of expansion of the Reserve on 

the domestic petroleum market, which is required to be submitted 

within 45 days of enactment of this Act. 

NORTHEAST HOME HEATING OIL RESERVE

For necessary expenses for Northeast Home Heating Oil 

Reserve storage, operation, and management activities pursuant 

to the Energy Policy and Conservation Act, $9,800,000, to remain 

available until expended. 

ENERGY INFORMATION ADMINISTRATION

For necessary expenses in carrying out the activities of the 

Energy Information Administration, $110,595,000, to remain available until expended. 

NON-DEFENSE ENVIRONMENTAL CLEANUP

For Department of Energy expenses, including the purchase, 

construction, and acquisition of plant and capital equipment and 

other expenses necessary for non-defense environmental cleanup 

activities in carrying out the purposes of the Department of Energy 

Organization Act (42 U.S.C. 7101 et seq.), including the acquisition 

or condemnation of any real property or any facility or for plant 

or facility acquisition, construction, or expansion, $261,819,000, to 

remain available until expended: Provided, That the appropriation 

includes funds for environmental remediation activities associated 

with the Energy Technology and Engineering Center (ETEC) at 

the Santa Susana Field Laboratory (SSFL), subject to the following: 

(1) the Department shall use a portion of this funding to enter 

into an interagency agreement with the Environmental Protection 

Agency (EPA) regarding a comprehensive radioactive site characterization of Area IV of the SSFL and (2) the Department shall 

provide the amount required by EPA for the radioactive site 

characterization in fiscal year 2009 from within the available funds: 

Provided further, That of the amounts provided, $5,000,000 is available for necessary expenses for the purpose of carrying out remedial 

actions under this title at real property in the vicinity of the 

Tuba City processing site designated in section 102(a)(1), of the 

Uranium Mill Tailings Radiation Control Act of 1978 (Public Law 

95–604, as amended; 42 U.S.C. 7901, et seq.), notwithstanding 

section 112 of that Act, at a dump site immediately adjacent to 

the north-northwest section of the Tuba City processing site, and 

Contracts. 

Reports. 

Deadline. 


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on the north side of Highway 160: Provided further, That, of the 

amount appropriated in this paragraph, $4,757,500 shall be used 

for projects specified in the table that appears under the heading 

‘‘Congressionally Directed Non-Defense Environmental Cleanup 

Projects’’ in the text and table under this heading in the explanatory 

statement described in section 4 (in the matter preceding division 

A of this consolidated Act). 

URANIUM ENRICHMENT DECONTAMINATION AND DECOMMISSIONING

FUND

For necessary expenses in carrying out uranium enrichment 

facility decontamination and decommissioning, remedial actions, 

and other activities of title II of the Atomic Energy Act of 1954, 

and title X, subtitle A, of the Energy Policy Act of 1992, 

$535,503,000, to be derived from the Uranium Enrichment Decontamination and Decommissioning Fund, to remain available until 

expended, of which $10,000,000 shall be available in accordance 

with title X, subtitle A, of the Energy Policy Act of 1992. 

SCIENCE

For Department of Energy expenses including the purchase, 

construction and acquisition of plant and capital equipment, and 

other expenses necessary for science activities in carrying out the 

purposes of the Department of Energy Organization Act (42 U.S.C. 

7101 et seq.), including the acquisition or condemnation of any 

real property or facility or for plant or facility acquisition, construction, or expansion, and purchase of not to exceed 49 passenger 

motor vehicles for replacement only, including one law enforcement 

vehicle, one ambulance, and three buses, $4,772,636,000, to remain 

available until expended: Provided, That, of the amount appropriated in this paragraph, $93,686,593 shall be used for projects 

specified in the table that appears under the heading ‘‘Congressionally Directed Science Projects’’ in the text and table under this 

heading in the explanatory statement described in section 4 (in 

the matter preceding division A of this consolidated Act). 

NUCLEAR WASTE DISPOSAL

For nuclear waste disposal activities to carry out the purposes 

of the Nuclear Waste Policy Act of 1982, Public Law 97–425, as 

amended (the ‘‘NWPA’’), including the acquisition of real property 

or facility construction or expansion, $145,390,000, to remain available until expended, and to be derived from the Nuclear Waste 

Fund: Provided, That of the funds made available in this Act 

for Nuclear Waste Disposal, $5,000,000 shall be provided to the 

Office of the Attorney General of the State of Nevada solely for 

expenditures, other than salaries and expenses of State employees, 

to conduct scientific oversight responsibilities and participate in 

licensing activities pursuant to the Act: Provided further, That 

notwithstanding the lack of a written agreement with the State 

of Nevada under section 117(c) of the NWPA, $1,000,000 shall 

be provided to Nye County, Nevada, for on-site oversight activities 

under section 117(d) of that Act: Provided further, That $9,000,000 

shall be provided to affected units of local government, as defined 

in the NWPA, to conduct appropriate activities and participate 

California. in licensing activities: Provided further, That of the $9,000,000 

Nevada. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 619 

provided 7.5 percent of the funds provided shall be made available 

to affected units of local government in California with the balance 

made available to affected units of local government in Nevada 

for distribution as determined by the Nevada units of local government: Provided further, That this funding shall be provided to 

affected units of local government, as defined in the NWPA: Provided further, That $500,000 shall be provided to the TimbishaShoshone Tribe solely for expenditures, other than salaries and 

expenses of tribal employees, to conduct appropriate activities and 

participate in licensing activities under section 118(b) of the NWPA: 

Provided further, That notwithstanding the provisions of chapters 

65 and 75 of title 31, United States Code, the Department shall 

have no monitoring, auditing or other oversight rights or responsibilities over amounts provided to affected units of local government: Provided further, That the funds for the State of Nevada 

shall be made available solely to the Office of the Attorney General 

by direct payment and to units of local government by direct payment: Provided further, That within 90 days of the completion 

of each Federal fiscal year, the Office of the Attorney General 

of the State of Nevada and each of the affected units of local 

government shall provide certification to the Department of Energy 

that all funds expended from such payments have been expended 

for activities authorized by the NWPA and this Act: Provided further, That failure to provide such certification shall cause such 

entity to be prohibited from any further funding provided for similar 

activities: Provided further, That none of the funds herein appropriated may be: (1) used directly or indirectly to influence legislative 

action, except for normal and recognized executive-legislative 

communications, on any matter pending before Congress or a State 

legislature or for lobbying activity as provided in 18 U.S.C. 1913; 

(2) used for litigation expenses; or (3) used to support multi-State 

efforts or other coalition building activities inconsistent with the 

restrictions contained in this Act: Provided further, That all proceeds and recoveries realized by the Secretary in carrying out 

activities authorized by the NWPA, including but not limited to, 

any proceeds from the sale of assets, shall be available without 

further appropriation and shall remain available until expended: 

Provided further, That no funds provided in this Act or any previous 

Act may be used to pursue repayment or collection of funds provided 

in any fiscal year to affected units of local government for oversight 

activities that had been previously approved by the Department 

of Energy, or to withhold payment of any such funds: Provided 

further, That, of the amount appropriated in this paragraph, 

$1,855,425 shall be used for projects specified in the table that 

appears under the heading ‘‘Congressionally Directed Nuclear 

Waste Disposal Projects’’ in the text and table under this heading 

in the explanatory statement described in section 4 (in the matter 

preceding division A of this consolidated Act). 

TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE PROGRAM

Subject to section 502 of the Congressional Budget Act of 1974, 

commitments to guarantee loans under title XVII of the Energy 

Policy Act of 2005, shall not exceed a total principal amount of 

$47,000,000,000 for eligible projects, to remain available until committed, and of which $18,500,000,000 shall be for nuclear power 

facilities: Provided, That these amounts are in addition to the 

Lobbying. 

Deadline. 

Certification. 

Native 

Americans. 


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123 STAT. 620 PUBLIC LAW 111–8—MAR. 11, 2009 

authority provided under section 20320 of Division B of Public 

Law 109–289, as amended by Public Law 110–5: Provided further, 

That such sums as are derived from amounts received from borrowers pursuant to section 1702(b)(2) of the Energy Policy Act 

of 2005 under this heading in this and prior Acts, shall be collected 

in accordance with section 502(7) of the Congressional Budget Act 

of 1974: Provided further, That the source of such payment received 

from borrowers is not a loan or other debt obligation that is guaranteed by the Federal Government: Provided further, That pursuant 

to section 1702(b)(2) of the Energy Policy Act of 2005, no appropriations are available to pay the subsidy cost of such guarantees: 

Provided further, That for necessary administrative expenses to 

carry out this Loan Guarantee program, $19,880,000 is appropriated, to remain available until expended: Provided further, That 

$19,880,000 of the fees collected pursuant to section 1702(h) of 

the Energy Policy Act of 2005 shall be credited as offsetting collections to this account to cover administrative expenses and shall 

remain available until expended, so as to result in a final fiscal 

year 2009 appropriations from the general fund estimated at not 

more than $0: Provided further, That none of the funds made 

available in this Act shall be available for the execution of a 

new solicitation with respect to such guaranteed loans until 30 

days after the Department of Energy has submitted to the Committees on Appropriations of the House of Representatives and the 

Senate a loan guarantee implementation plan that defines the 

proposed award levels and eligible technologies: Provided further, 

That none of the loan guarantee authority made available in this 

Act shall be available for commitments to guarantee loans for 

any projects where funds, personnel, or property (tangible or intangible) of any Federal agency, instrumentality, personnel or affiliated 

entity are expected to be used (directly or indirectly) through 

acquisitions, contracts, demonstrations, exchanges, grants, incentives, leases, procurements, sales, other transaction authority, or 

other arrangements, to support the project or to obtain goods or 

services from the project: Provided further, That the previous proviso shall not be interpreted as precluding the use of the loan 

guarantee authority in this Act for commitments to guarantee loans 

for projects as a result of such projects benefiting from (a) otherwise 

allowable Federal income tax benefits; (b) being located on Federal 

land pursuant to a lease or right-of-way agreement for which all 

consideration for all uses is (i) paid exclusively in cash, (ii) deposited 

in the Treasury as offsetting receipts, and (iii) equal to the fair 

market value as determined by the head of the relevant Federal 

agency; (c) Federal insurance programs, including Price-Anderson; 

or (d) for electric generation projects, use of transmission facilities 

owned or operated by a Federal Power Marketing Administration 

or the Tennessee Valley Authority that have been authorized, 

approved, and financed independent of the project receiving the 

guarantee: Provided further, That none of the loan guarantee 

authority made available in this Act shall be available for any 

project unless the Director of the Office of Management and Budget 

has certified in advance in writing that the loan guarantee and 

the project comply with the provisions under this title. 

Certification. 

Effective date. 

Implementation 

plan. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 621 

DEPARTMENTAL ADMINISTRATION

(INCLUDING TRANSFER OF FUNDS) 

For salaries and expenses of the Department of Energy necessary for departmental administration in carrying out the purposes 

of the Department of Energy Organization Act (42 U.S.C. 7101 

et seq.), including the hire of passenger motor vehicles and official 

reception and representation expenses not to exceed $30,000, 

$272,643,000, to remain available until expended, plus such additional amounts as necessary to cover increases in the estimated 

amount of cost of work for others notwithstanding the provisions 

of the Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That 

such increases in cost of work are offset by revenue increases 

of the same or greater amount, to remain available until expended: 

Provided further, That moneys received by the Department for miscellaneous revenues estimated to total $117,317,000 in fiscal 

year 2009 may be retained and used for operating expenses within 

this account, and may remain available until expended, as authorized by section 201 of Public Law 95–238, notwithstanding the 

provisions of 31 U.S.C. 3302: Provided further, That the sum herein 

appropriated shall be reduced by the amount of miscellaneous revenues received during 2009, and any related appropriated receipt 

account balances remaining from prior years’ miscellaneous revenues, so as to result in a final fiscal year 2009 appropriation 

from the general fund estimated at not more than $155,326,000. 

OFFICE OF THE INSPECTOR GENERAL

For necessary expenses of the Office of the Inspector General 

in carrying out the provisions of the Inspector General Act of 

1978, as amended, $51,927,000, to remain available until expended. 

ATOMIC ENERGY DEFENSE ACTIVITIES 

NATIONAL NUCLEAR SECURITY ADMINISTRATION

WEAPONS ACTIVITIES

For Department of Energy expenses, including the purchase, 

construction, and acquisition of plant and capital equipment and 

other incidental expenses necessary for atomic energy defense 

weapons activities in carrying out the purposes of the Department 

of Energy Organization Act (42 U.S.C. 7101 et seq.), including 

the acquisition or condemnation of any real property or any facility 

or for plant or facility acquisition, construction, or expansion, the 

purchase of not to exceed two passenger motor vehicles, and one 

ambulance; $6,380,000,000, to remain available until expended: 

Provided, That $19,300,000 is authorized to be appropriated for 

the 09–D–007 LANSCE Refurbishment, PED, Los Alamos National 

Laboratory, Los Alamos, New Mexico: Provided further, That, of 

the amount appropriated in this paragraph, $22,836,000 shall be 

used for projects specified in the table that appears under the 

heading ‘‘Congressionally Directed Weapons Activities Projects’’ in 

the text and table under this heading in the explanatory statement 

described in section 4 (in the matter preceding division A of this 

consolidated Act). 


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DEFENSE NUCLEAR NONPROLIFERATION

For Department of Energy expenses, including the purchase, 

construction, and acquisition of plant and capital equipment and 

other incidental expenses necessary for defense nuclear nonproliferation activities, in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including 

the acquisition or condemnation of any real property or any facility 

or for plant or facility acquisition, construction, or expansion, and 

the purchase of not to exceed one passenger motor vehicle for 

replacement only, $1,482,350,000, to remain available until 

expended: Provided, That, of the amount appropriated in this paragraph, $1,903,000 shall be used for projects specified under the 

heading ‘‘Congressionally Directed Defense Nuclear Nonproliferation Projects’’ in the text and table under this heading in the 

explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act). 

NAVAL REACTORS

For Department of Energy expenses necessary for naval reactors activities to carry out the Department of Energy Organization 

Act (42 U.S.C. 7101 et seq.), including the acquisition (by purchase, 

condemnation, construction, or otherwise) of real property, plant, 

and capital equipment, facilities, and facility expansion, 

$828,054,000, to remain available until expended. 

OFFICE OF THE ADMINISTRATOR

For necessary expenses of the Office of the Administrator in 

the National Nuclear Security Administration, including official 

reception and representation expenses not to exceed $12,000, 

$439,190,000, to remain available until expended: Provided, That, 

of the amount appropriated in this paragraph, $23,311,750 shall 

be used for the projects specified in the table that appears under 

the heading ‘‘Congressionally Directed Office of the Administrator 

(NNSA) Projects’’ in the text and table under this heading in 

the explanatory statement described in section 4 (in the matter 

preceding division A of this consolidated Act). 

ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES 

DEFENSE ENVIRONMENTAL CLEANUP

(INCLUDING TRANSFER OF FUNDS) 

For Department of Energy expenses, including the purchase, 

construction, and acquisition of plant and capital equipment and 

other expenses necessary for atomic energy defense environmental 

cleanup activities in carrying out the purposes of the Department 

of Energy Organization Act (42 U.S.C. 7101 et seq.), including 

the acquisition or condemnation of any real property or any facility 

or for plant or facility acquisition, construction, or expansion, and 

the purchase of not to exceed four ambulances and three passenger 

motor vehicles for replacement only, $5,657,250,000, to remain 

available until expended, of which $463,000,000 shall be transferred 

to the ‘‘Uranium Enrichment Decontamination and Decommissioning Fund’’: Provided, That, of the amount appropriated in this 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 623 

paragraph, $17,908,391 shall be used for projects specified in the 

table that appears under the heading ‘‘Congressionally Directed 

Defense Environmental Cleanup Projects’’ in the text and table 

under this heading in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated 

Act). 

OTHER DEFENSE ACTIVITIES

For Department of Energy expenses, including the purchase, 

construction, and acquisition of plant and capital equipment and 

other expenses, necessary for atomic energy defense, other defense 

activities, and classified activities, in carrying out the purposes 

of the Department of Energy Organization Act (42 U.S.C. 7101 

et seq.), including the acquisition or condemnation of any real 

property or any facility or for plant or facility acquisition, construction, or expansion, and the purchase of not to exceed 10 passenger 

motor vehicles for replacement only, $1,314,063,000, to remain 

available until expended: Provided, That of the funds provided 

herein, $487,008,000 is for project 99–D–143 Mixed Oxide Fuel 

Fabrication Facility, Savannah River Site, South Carolina: Provided 

further, That the Department of Energy adhere strictly to Department of Energy Order 413.3A for Project 99–D–143: Provided further, That, of the amount appropriated in this paragraph, $999,075 

shall be used for projects specified in the table that appears under 

the heading ‘‘Congressionally Directed Other Defense Activities 

Projects’’ in the text and table under this heading in the explanatory 

statement described in section 4 (in the matter preceding division 

A of this consolidated Act). 

DEFENSE NUCLEAR WASTE DISPOSAL

For nuclear waste disposal activities to carry out the purposes 

of Public Law 97–425, as amended, including the acquisition of 

real property or facility construction or expansion, $143,000,000, 

to remain available until expended. 

POWER MARKETING ADMINISTRATIONS 

BONNEVILLE POWER ADMINISTRATION FUND

Expenditures from the Bonneville Power Administration Fund, 

established pursuant to Public Law 93–454, are approved for official 

reception and representation expenses in an amount not to exceed 

$1,500. During fiscal year 2009, no new direct loan obligations 

may be made. 

OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

ADMINISTRATION

For necessary expenses of operation and maintenance of power 

transmission facilities and of marketing electric power and energy, 

including transmission wheeling and ancillary services pursuant 

to section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), 

as applied to the southeastern power area, $7,420,000, to remain 

available until expended: Provided, That, notwithstanding 31 U.S.C. 

3302, up to $49,520,000 collected by the Southeastern Power 

Administration pursuant to the Flood Control Act of 1944 to recover 


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123 STAT. 624 PUBLIC LAW 111–8—MAR. 11, 2009 

purchase power and wheeling expenses shall be credited to this 

account as offsetting collections, to remain available until expended 

for the sole purpose of making purchase power and wheeling 

expenditures. 

OPERATION AND MAINTENANCE, SOUTHWESTERN POWER

ADMINISTRATION

For necessary expenses of operation and maintenance of power 

transmission facilities and of marketing electric power and energy, 

for construction and acquisition of transmission lines, substations 

and appurtenant facilities, and for administrative expenses, 

including official reception and representation expenses in an 

amount not to exceed $1,500 in carrying out section 5 of the Flood 

Control Act of 1944 (16 U.S.C. 825s), as applied to the Southwestern 

Power Administration, $28,414,000, to remain available until 

expended: Provided, That, notwithstanding 31 U.S.C. 3302, up to 

$35,000,000 collected by the Southwestern Power Administration 

pursuant to the Flood Control Act of 1944 to recover purchase 

power and wheeling expenses shall be credited to this account 

as offsetting collections, to remain available until expended for 

the sole purpose of making purchase power and wheeling expenditures. 

CONSTRUCTION, REHABILITATION, OPERATION AND MAINTENANCE, 

WESTERN AREA POWER ADMINISTRATION

For carrying out the functions authorized by title III, section 

302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and 

other related activities including conservation and renewable 

resources programs as authorized, including official reception and 

representation expenses in an amount not to exceed $1,500; 

$218,346,000, to remain available until expended, of which 

$208,642,000 shall be derived from the Department of the Interior 

Reclamation Fund: Provided, That of the amount herein appropriated, $7,342,000 is for deposit into the Utah Reclamation Mitigation and Conservation Account pursuant to title IV of the Reclamation Projects Authorization and Adjustment Act of 1992: Provided 

further, That notwithstanding the provision of 31 U.S.C. 3302, 

up to $403,118,000 collected by the Western Area Power Administration pursuant to the Flood Control Act of 1944 and the Reclamation Project Act of 1939 to recover purchase power and wheeling 

expenses shall be credited to this account as offsetting collections, 

to remain available until expended for the sole purpose of making 

purchase power and wheeling expenditures. 

FALCON AND AMISTAD OPERATING AND MAINTENANCE FUND

For operation, maintenance, and emergency costs for the hydroelectric facilities at the Falcon and Amistad Dams, $2,959,000, 

to remain available until expended, and to be derived from the 

Falcon and Amistad Operating and Maintenance Fund of the 

Western Area Power Administration, as provided in section 423 

of the Foreign Relations Authorization Act, Fiscal Years 1994 and 

1995. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 625 

FEDERAL ENERGY REGULATORY COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Federal Energy Regulatory 

Commission to carry out the provisions of the Department of Energy 

Organization Act (42 U.S.C. 7101 et seq.), including services as 

authorized by 5 U.S.C. 3109, the hire of passenger motor vehicles, 

and official reception and representation expenses not to exceed 

$3,000, $273,400,000, to remain available until expended: Provided, That notwithstanding any other provision of law, not to exceed 

$273,400,000 of revenues from fees and annual charges, and other 

services and collections in fiscal year 2009 shall be retained and 

used for necessary expenses in this account, and shall remain 

available until expended: Provided further, That the sum herein 

appropriated from the general fund shall be reduced as revenues 

are received during fiscal year 2009 so as to result in a final 

fiscal year 2009 appropriation from the general fund estimated 

at not more than $0. 

GENERAL PROVISIONS—DEPARTMENT OF ENERGY 

SEC. 301. CONTRACT COMPETITION. (a) None of the funds in 

this or any other appropriations Act for fiscal year 2009 or any 

previous fiscal year may be used to make payments for a noncompetitive management and operating contract, or a contract for 

environmental remediation or waste management in excess of 

$100,000,000 in annual funding at a current or former management 

and operating contract site or facility, or to award a significant 

extension or expansion to an existing management and operating 

contract, or other contract covered by this section, unless such 

contract is awarded using competitive procedures or the Secretary 

of Energy grants, on a case-by-case basis, a waiver to allow for 

such a deviation. The Secretary may not delegate the authority 

to grant such a waiver. 

(b) Within 30 days of formally notifying an incumbent contractor that the Secretary intends to grant such a waiver, the 

Secretary shall submit to the Subcommittees on Energy and Water 

Development of the Committees on Appropriations of the House 

of Representatives and the Senate a report notifying the Subcommittees of the waiver and setting forth, in specificity, the substantive 

reasons why the Secretary believes the requirement for competition 

should be waived for this particular award. 

(c) In this section the term ‘‘competitive procedures’’ has the 

meaning provided in section 4 of the Office of Federal Procurement 

Policy Act (41 U.S.C. 403) and includes procedures described in 

section 303 of the Federal Property and Administrative Services 

Act of 1949 (41 U.S.C. 253) other than a procedure that solicits 

a proposal from only one source. 

SEC. 302. UNFUNDED REQUESTS FOR PROPOSALS. None of the 

funds appropriated by this Act may be used to prepare or initiate 

Requests For Proposals (RFPs) for a program if the program has 

not been funded by Congress. 

SEC. 303. DEPARTMENT OF ENERGY DEFENSE NUCLEAR FACILI- TIES WORKFORCE RESTRUCTURING. None of the funds appropriated 

by this Act may be used— 

(1) to augment the funds made available for obligation 

by this Act for severance payments and other benefits and 

Deadline. 

Notification. 

Reports. 

Waiver authority. 

42 USC 7171 

note. 


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123 STAT. 626 PUBLIC LAW 111–8—MAR. 11, 2009 

community assistance grants under section 4604 of the Atomic 

Energy Defense Act (50 U.S.C. 2704) unless the Department 

of Energy submits a reprogramming request to the appropriate 

congressional committees; or 

(2) to provide enhanced severance payments or other benefits for employees of the Department of Energy under such 

section; or 

(3) develop or implement a workforce restructuring plan 

that covers employees of the Department of Energy. 

SEC. 304. UNEXPENDED BALANCES. The unexpended balances 

of prior appropriations provided for activities in this Act may be 

available to the same appropriation accounts for such activities 

established pursuant to this title. Available balances 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. 305. BONNEVILLE POWER AUTHORITY SERVICE TERRITORY. 

None of the funds in this or any other Act for the Administrator 

of the Bonneville Power Administration may be used to enter into 

any agreement to perform energy efficiency services outside the 

legally defined Bonneville service territory, with the exception of 

services provided internationally, including services provided on 

a reimbursable basis, unless the Administrator certifies in advance 

that such services are not available from private sector businesses. 

SEC. 306. USER FACILITIES. When the Department of Energy 

makes a user facility available to universities or other potential 

users, or seeks input from universities or other potential users 

regarding significant characteristics or equipment in a user facility 

or a proposed user facility, the Department shall ensure broad 

public notice of such availability or such need for input to universities and other potential users. When the Department of Energy 

considers the participation of a university or other potential user 

as a formal partner in the establishment or operation of a user 

facility, the Department shall employ full and open competition 

in selecting such a partner. For purposes of this section, the term 

‘‘user facility’’ includes, but is not limited to: (1) a user facility 

as described in section 2203(a)(2) of the Energy Policy Act of 1992 

(42 U.S.C. 13503(a)(2)); (2) a National Nuclear Security Administration Defense Programs Technology Deployment Center/User 

Facility; and (3) any other Departmental facility designated by 

the Department as a user facility. 

SEC. 307. INTELLIGENCE ACTIVITIES. Funds appropriated by 

this or any other 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. 308. LABORATORY DIRECTED RESEARCH AND DEVELOPMENT. 

Of the funds made available by the Department of Energy for 

activities at government-owned, contractor-operated laboratories 

funded in this Act or subsequent Energy and Water Development 

Appropriations Acts, the Secretary may authorize a specific amount, 

not to exceed 8 percent of such funds, to be used by such laboratories 

for laboratory directed research and development: Provided, That 

the Secretary may also authorize a specific amount not to exceed 

4 percent of such funds, to be used by the plant manager of 

50 USC 2791a. 

Public 

information. 

Certification. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 627 

a covered nuclear weapons production plant or the manager of 

the Nevada Site Office for plant or site directed research and 

development: Provided further, That notwithstanding Department 

of Energy order 413.2A, dated January 8, 2001, beginning in fiscal 

year 2006 and thereafter, all DOE laboratories may be eligible 

for laboratory directed research and development funding. 

SEC. 309. RELIABLE REPLACEMENT WARHEAD. None of the funds 

provided in this Act shall be available for the Reliable Replacement 

Warhead (RRW). 

SEC. 310. GENERAL PLANT PROJECTS. Plant or construction 

projects for which amounts are made available under this and 

subsequent appropriation Acts with a current estimated cost of 

less than $10,000,000 are considered for purposes of section 4703 

of Public Law 107–314 as a plant project for which the approved 

total estimated cost does not exceed the minor construction 

threshold and for purposes of section 4704 of Public Law 107– 

314 as a construction project with a current estimated cost of 

less than a minor construction threshold. 

SEC. 311. ENERGY PRODUCTION. The Secretary of Energy shall 

provide funding to the National Academy of Sciences to conduct 

an inventory of the energy development potential on all lands 

currently managed by the Department of Energy together with 

a report, to be submitted not later than July 1, 2009, which includes 

(1) a detailed analysis of all such resources including oil, gas, 

coal, solar, wind, geothermal and other renewable resources on 

such lands, (2) a delineation of the resources presently available 

for development as well as those potentially available in the future, 

and (3) an analysis of the environmental impacts associated with 

any future development including actions necessary to mitigate 

negative impacts. 

SEC. 312. RENO HYDROGEN FUEL PROJECT. (a) The non-Federal 

share of project costs shall be 20 percent. 

(b) The cost of project vehicles, related facilities, and other 

activities funded from the Federal Transit Administration sections 

5307, 5308, 5309, and 5314 program, including the non-Federal 

share for the FTA funds, is an eligible component of the nonFederal share for this project. 

(c) Contribution of the non-Federal share of project costs for 

all grants made for this project may be deferred until the entire 

project is completed. 

(d) All operations and maintenance costs associated with 

vehicles, equipment, and facilities utilized for this project are 

eligible project costs. 

(e) This section applies to project appropriations beginning 

in fiscal year 2004. 

SEC. 313. INTEGRATED UNIVERSITY PROGRAM. (a) The Secretary 

of Energy, along with the Administrator of the National Nuclear 

Security Administration and the Chairman of the Nuclear Regulatory Commission, shall establish an Integrated University Program. 

(b) For the purposes of carrying out this section, $45,000,000 

is authorized to be appropriated in each of fiscal years 2009 to 

2019 as follows: 

(1) $15,000,000 for the Department of Energy; 

(2) $15,000,000 for the Nuclear Regulatory Commission; 

and 

42 USC 16274a. 

Applicability. 

Inventory. 

Reports. 

Deadline. 

50 USC 2743a. 


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123 STAT. 628 PUBLIC LAW 111–8—MAR. 11, 2009 

(3) $15,000,000 for the National Nuclear Security Administration. 

(c) Of the amounts authorized to carry out this section, 

$10,000,000 shall be used by each organization to support university 

research and development in areas relevant to their respective 

organization’s mission, and $5,000,000 shall be used by each 

organization to support a jointly implemented Nuclear Science and 

Engineering Grant Program that will support multiyear research 

projects that do not align with programmatic missions but are 

critical to maintaining the discipline of nuclear science and 

engineering. 

TITLE IV 

INDEPENDENT AGENCIES 

APPALACHIAN REGIONAL COMMISSION

For expenses necessary to carry out the programs authorized 

by the Appalachian Regional Development Act of 1965, as amended, 

notwithstanding 40 U.S.C. 14704, and, for necessary expenses for 

the Federal Co-Chairman and the Alternate on the Appalachian 

Regional Commission, for payment of the Federal share of the 

administrative expenses of the Commission, including services as 

authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles, 

$75,000,000, to remain available until expended: Provided, That 

any congressionally directed spending shall be taken from within 

that State’s allocation in the fiscal year in which it is provided. 

DEFENSE NUCLEAR FACILITIES SAFETY BOARD

SALARIES AND EXPENSES

For necessary expenses of the Defense Nuclear Facilities Safety 

Board in carrying out activities authorized by the Atomic Energy 

Act of 1954, as amended by Public Law 100–456, section 1441, 

$25,000,000, to remain available until expended. 

DELTA REGIONAL AUTHORITY

SALARIES AND EXPENSES

For necessary expenses of the Delta Regional Authority and 

to carry out its activities, as authorized by the Delta Regional 

Authority Act of 2000, as amended, notwithstanding sections 

382C(b)(2), 382F(d), 382M, and 382N of said Act, $13,000,000, to 

remain available until expended. 

DENALI COMMISSION

For expenses of the Denali Commission including the purchase, 

construction, and acquisition of plant and capital equipment as 

necessary and other expenses, $11,800,000, to remain available 

until expended, notwithstanding the limitations contained in section 

306(g) of the Denali Commission Act of 1998. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 629 

NUCLEAR REGULATORY COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Commission in carrying out 

the purposes of the Energy Reorganization Act of 1974, as amended, 

and the Atomic Energy Act of 1954, as amended, including official 

representation expenses (not to exceed $25,000), $1,034,656,000, 

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

appropriated herein, $49,000,000 shall be derived from the Nuclear 

Waste Fund: Provided further, That revenues from licensing fees, 

inspection services, and other services and collections estimated 

at $860,857,000 in fiscal year 2009 shall be retained and used 

for necessary salaries and expenses in this account, notwithstanding 

31 U.S.C. 3302, and shall remain available until expended: Provided 

further, That the sum herein appropriated shall be reduced by 

the amount of revenues received during fiscal year 2009 so as 

to result in a final fiscal year 2009 appropriation estimated at 

not more than $173,799,000: Provided further, That such funds 

as are made available for necessary expenses of the Commission 

by this Act or any other Act may be used for the acquisition 

and lease of additional office space provided by the General Services 

Administration for personnel of the U.S. Nuclear Regulatory 

Commission as close as reasonably possible to the Commission’s 

headquarters location in Rockville, Maryland, and of such square 

footage and for such lease term, as are determined by the Commission to be necessary to maintain the agency’s regulatory effectiveness, efficiency, and emergency response capability: Provided further, That notwithstanding any other provision of law or any prevailing practice, the acquisition and lease of space for such purpose 

shall, to the extent necessary to obtain the space, be based on 

the prevailing rates in the immediate vicinity of the Commission’s 

headquarters. 

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, 

$10,860,000, to remain available until expended: Provided, That 

revenues from licensing fees, inspection services, and other services 

and collections estimated at $9,774,000 in fiscal year 2009 shall 

be retained and be available until expended, for necessary salaries 

and expenses in this account, notwithstanding 31 U.S.C. 3302: 

Provided further, That the sum herein appropriated shall be reduced 

by the amount of revenues received during fiscal year 2009 so 

as to result in a final fiscal year 2009 appropriation estimated 

at not more than $1,086,000. 

NUCLEAR WASTE TECHNICAL REVIEW BOARD

SALARIES AND EXPENSES

For necessary expenses of the Nuclear Waste Technical Review 

Board, as authorized by Public Law 100–203, section 5051, 

$3,811,000, to be derived from the Nuclear Waste Fund, and to 

remain available until expended. 


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123 STAT. 630 PUBLIC LAW 111–8—MAR. 11, 2009 

OFFICE OF THE FEDERAL COORDINATOR FOR ALASKA NATURAL GAS

TRANSPORTATION PROJECTS

For necessary expenses for the Office of the Federal Coordinator 

for Alaska Natural Gas Transportation Projects pursuant to the 

Alaska Natural Gas Pipeline Act of 2004, $4,400,000: Provided, 

That any fees, charges, or commissions received pursuant to section 

802 of Public Law 110–140 in fiscal year 2009 in excess of 

$4,660,000 shall not be available for obligation until appropriated 

in a subsequent Act of Congress. 

TITLE V 

GENERAL PROVISIONS 

SEC. 501. None of the funds appropriated by this Act may 

be used in any way, directly or indirectly, to influence congressional 

action on any legislation or appropriation matters pending before 

Congress, other than to communicate to Members of Congress as 

described in 18 U.S.C. 1913. 

SEC. 502. 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 Act or any other appropriation Act. 

This division may be cited as the ‘‘Energy and Water Development and Related Agencies Appropriations Act, 2009’’. 

DIVISION D—FINANCIAL SERVICES AND GENERAL 

GOVERNMENT APPROPRIATIONS ACT, 2009 

TITLE I 

DEPARTMENT OF THE TREASURY 

DEPARTMENTAL OFFICES

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS) 

For necessary expenses of the Departmental Offices including 

operation and maintenance of the Treasury Building and Annex; 

hire of passenger motor vehicles; maintenance, repairs, and 

improvements of, and purchase of commercial insurance policies 

for, real properties leased or owned overseas, when necessary for 

the performance of official business, $278,870,000, of which not 

to exceed $21,619,000 is for executive direction program activities; 

not to exceed $45,910,000 is for economic policies and programs 

activities; not to exceed $36,039,000 is for financial policies and 

programs activities; not to exceed $62,098,000 is for terrorism and 

financial intelligence activities; not to exceed $21,600,000 is for 

Treasury-wide management policies and programs activities; and 

not to exceed $91,604,000 is for administration programs activities: 

Provided, That the Secretary of the Treasury is authorized to 

transfer funds appropriated for any program activity of the Departmental Offices to any other program activity of the Departmental 

Offices upon notification to the House and Senate Committees on 

Notification. 

Financial 

Services and 

General 

Government 

Appropriations 

Act, 2009. 

Department of 

the Treasury 

Appropriations 

Act, 2009. 

Lobbying. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 631 

Appropriations: Provided further, That no appropriation for any 

program activity shall be increased or decreased by more than 

4 percent by all such transfers: Provided further, That any change 

in funding greater than 4 percent shall be submitted for approval 

to the House and Senate Committees on Appropriations: Provided 

further, That of the amount appropriated under this heading, not 

to exceed $3,000,000, to remain available until September 30, 2010, 

is for information technology modernization requirements; not to 

exceed $200,000 is for official reception and representation 

expenses; and not to exceed $258,000 is for unforeseen emergencies 

of a confidential nature, to be allocated and expended under the 

direction of the Secretary of the Treasury and to be accounted 

for solely on his certificate: Provided further, That of the amount 

appropriated under this heading, $5,232,443, to remain available 

until September 30, 2010, is for the Treasury-wide Financial Statement Audit and Internal Control Program, of which such amounts 

as may be necessary may be transferred to accounts of the Department’s offices and bureaus to conduct audits: Provided further, 

That this transfer authority shall be in addition to any other 

provided in this Act: Provided further, That of the amount appropriated under this heading, $500,000, to remain available until 

September 30, 2010, is for secure space requirements: Provided 

further, That of the amount appropriated under this heading, 

$1,100,000, to remain available until September 30, 2010, is for 

salary and benefits for hiring of personnel whose work will require 

completion of a security clearance investigation in order to perform 

highly classified work to further the activities of the Office of 

Terrorism and Financial Intelligence: Provided further, That of 

the amount appropriated under this heading, $3,400,000, to remain 

available until September 30, 2011, is to develop and implement 

programs within the Office of Critical Infrastructure Protection 

and Compliance Policy, including entering into cooperative agreements: Provided further, That of the amount appropriated under 

this heading $3,000,000 to remain available until September 30, 

2011, is for modernizing the Office of Debt Management’s information technology. 

DEPARTMENT-WIDE SYSTEMS AND CAPITAL INVESTMENTS PROGRAMS

(INCLUDING TRANSFER OF FUNDS) 

For development and acquisition of automatic data processing 

equipment, software, and services for the Department of the 

Treasury, $26,975,000, to remain available until September 30, 

2011: Provided, That $11,518,000 is for repairs to the Treasury 

Annex Building: Provided further, That these funds shall be transferred to accounts and in amounts as necessary to satisfy the 

requirements of the Department’s offices, bureaus, and other 

organizations: Provided further, That this transfer authority shall 

be in addition to any other transfer authority provided in this 

Act: Provided further, That none of the funds appropriated under 

this heading shall be used to support or supplement ‘‘Internal 

Revenue Service, Operations Support’’ or ‘‘Internal Revenue Service, 

Business Systems Modernization’’. 


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123 STAT. 632 PUBLIC LAW 111–8—MAR. 11, 2009 

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

For necessary expenses of the Office of Inspector General in 

carrying out the provisions of the Inspector General Act of 1978, 

not to exceed $2,000,000 for official travel expenses, including hire 

of passenger motor vehicles; and not to exceed $100,000 for unforeseen emergencies of a confidential nature, to be allocated and 

expended under the direction of the Inspector General of the 

Treasury, $26,125,000, of which not to exceed $2,500 shall be available for official reception and representation expenses. 

TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Treasury Inspector General for 

Tax Administration in carrying out the Inspector General Act of 

1978, including purchase (not to exceed 150 for replacement only 

for police-type use) and hire of passenger motor vehicles (31 U.S.C. 

1343(b)); services authorized by 5 U.S.C. 3109, at such rates as 

may be determined by the Inspector General for Tax Administration; $146,083,000, of which not to exceed $6,000,000 shall be available for official travel expenses; of which not to exceed $500,000 

shall be available for unforeseen emergencies of a confidential 

nature, to be allocated and expended under the direction of the 

Inspector General for Tax Administration; and of which not to 

exceed $1,500 shall be available for official reception and representation expenses. 

FINANCIAL CRIMES ENFORCEMENT NETWORK

SALARIES AND EXPENSES

For necessary expenses of the Financial Crimes Enforcement 

Network, including hire of passenger motor vehicles; travel and 

training expenses of non-Federal and foreign government personnel 

to attend meetings and training concerned with domestic and foreign financial intelligence activities, law enforcement, and financial 

regulation; not to exceed $14,000 for official reception and representation expenses; and for assistance to Federal law enforcement 

agencies, with or without reimbursement, $91,465,000, of which 

not to exceed $16,340,000 shall remain available until September 

30, 2011; and of which $9,178,000 shall remain available until 

September 30, 2010: Provided, That funds appropriated in this 

account may be used to procure personal services contracts. 

TREASURY FORFEITURE FUND

(RESCISSION) 

Of the unobligated balances available under this heading, 

$30,000,000 are rescinded. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 633 

FINANCIAL MANAGEMENT SERVICE

SALARIES AND EXPENSES

For necessary expenses of the Financial Management Service, 

$239,785,000, of which not to exceed $9,220,000 shall remain available until September 30, 2011, for information systems modernization initiatives; and of which not to exceed $2,500 shall be available 

for official reception and representation expenses. 

ALCOHOL AND TOBACCO TAX AND TRADE BUREAU

SALARIES AND EXPENSES

For necessary expenses of carrying out section 1111 of the 

Homeland Security Act of 2002, including hire of passenger motor 

vehicles, $99,065,000; of which not to exceed $6,000 for official 

reception and representation expenses; not to exceed $50,000 for 

cooperative research and development programs for laboratory services; and provision of laboratory assistance to State and local agencies with or without reimbursement: Provided, That of the amount 

appropriated under this heading, $2,000,000, to remain available 

until September 30, 2010, is for information technology management. 

UNITED STATES MINT

UNITED STATES MINT PUBLIC ENTERPRISE FUND

Pursuant to section 5136 of title 31, United States Code, the 

United States Mint is provided funding through the United States 

Mint Public Enterprise Fund for costs associated with the production of circulating coins, numismatic coins, and protective services, 

including both operating expenses and capital investments. The 

aggregate amount of new liabilities and obligations incurred during 

fiscal year 2009 under such section 5136 for circulating coinage 

and protective service capital investments of the United States 

Mint shall not exceed $42,150,000. 

BUREAU OF THE PUBLIC DEBT

ADMINISTERING THE PUBLIC DEBT

For necessary expenses connected with any public-debt issues 

of the United States, $187,352,000, of which not to exceed $2,500 

shall be available for official reception and representation expenses, 

and of which not to exceed $2,000,000 shall remain available until 

September 30, 2011, for systems modernization: Provided, That 

the sum appropriated herein from the general fund for fiscal year 

2009 shall be reduced by not more than $10,000,000 as definitive 

security issue fees and Legacy Treasury Direct Investor Account 

Maintenance fees are collected, so as to result in a final fiscal 

year 2009 appropriation from the general fund estimated at 

$177,352,000. In addition, $90,000 to be derived from the Oil Spill 

Liability Trust Fund to reimburse the Bureau for administrative 

and personnel expenses for financial management of the Fund, 

as authorized by section 1012 of Public Law 101–380. 


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123 STAT. 634 PUBLIC LAW 111–8—MAR. 11, 2009 

COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND

PROGRAM ACCOUNT

To carry out the Community Development Banking and Financial Institutions Act of 1994 (Public Law 103–325), including services authorized by 5 U.S.C. 3109, but at rates for individuals not 

to exceed the per diem rate equivalent to the rate for ES–3, 

$107,000,000, to remain available until September 30, 2010, of 

which $8,500,000 shall be for financial assistance, technical assistance, training and outreach programs designed to benefit Native 

American, Native Hawaiian, and Alaskan Native communities and 

provided primarily through qualified community development 

lender organizations with experience and expertise in community 

development banking and lending in Indian country, Native American organizations, tribes and tribal organizations and other suitable providers, $2,000,000 shall be available for the pilot project 

grant program under section 1132(d) of division A of the Housing 

and Economic Recovery Act of 2008 (Public Law 110–289), up 

to $14,750,000 may be used for administrative expenses, including 

administration of the New Markets Tax Credit, up to $7,500,000 

may be used for the cost of direct loans, and up to $250,000 

may be used for administrative expenses to carry out the direct 

loan program: Provided, That the cost of direct loans, including 

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

502 of the Congressional Budget Act of 1974: Provided further, 

That these funds are available to subsidize gross obligations for 

the principal amount of direct loans not to exceed $16,000,000. 

INTERNAL REVENUE SERVICE

TAXPAYER SERVICES

For necessary expenses of the Internal Revenue Service to 

provide taxpayer services, including pre-filing assistance and education, filing and account services, taxpayer advocacy services, and 

other services as authorized by 5 U.S.C. 3109, at such rates as 

may be determined by the Commissioner, $2,293,000,000, of which 

not less than $5,100,000 shall be for the Tax Counseling for the 

Elderly Program, of which not less than $9,500,000 shall be available for low-income taxpayer clinic grants, of which not less than 

$8,000,000, to remain available until September 30, 2010, shall 

be available for a Community Volunteer Income Tax Assistance 

matching grants demonstration program for tax return preparation 

assistance, and of which not less than $193,000,000 shall be available for operating expenses of the Taxpayer Advocate Service. 

ENFORCEMENT

(INCLUDING TRANSFER OF FUNDS) 

For necessary expenses of the Internal Revenue Service to 

determine and collect owed taxes, to provide legal and litigation 

support, to conduct criminal investigations, to enforce criminal statutes related to violations of internal revenue laws and other financial crimes, to purchase (for police-type use, not to exceed 850) 

and hire passenger motor vehicles (31 U.S.C. 1343(b)), and to provide other services as authorized by 5 U.S.C. 3109, at such rates 

as may be determined by the Commissioner, $5,117,267,000, of 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 635 

which not less than $57,252,000 shall be for the Interagency Crime 

and Drug Enforcement program: Provided, That up to $10,000,000 

may be transferred as necessary from this account to ‘‘Operations 

Support’’ solely for the purposes of the Interagency Crime and 

Drug Enforcement program: Provided further, That this transfer 

authority shall be in addition to any other transfer authority provided in this Act. 

OPERATIONS SUPPORT

For necessary expenses of the Internal Revenue Service to 

support taxpayer services and enforcement programs, including rent 

payments; facilities services; printing; postage; physical security; 

headquarters and other IRS-wide administration activities; research 

and statistics of income; telecommunications; information technology development, enhancement, operations, maintenance, and 

security; the hire of passenger motor vehicles (31 U.S.C. 1343(b)); 

and other services as authorized by 5 U.S.C. 3109, at such rates 

as may be determined by the Commissioner; $3,867,011,000, of 

which up to $75,000,000 shall remain available until September 

30, 2010, for information technology support; of which not to exceed 

$1,000,000 shall remain available until September 30, 2011, for 

research; of which not less than $2,000,000 shall be for the Internal 

Revenue Service Oversight Board; and of which not to exceed 

$25,000 shall be for official reception and representation. 

BUSINESS SYSTEMS MODERNIZATION

For necessary expenses of the Internal Revenue Service’s business systems modernization program, $229,914,000, to remain available until September 30, 2011, for the capital asset acquisition 

of information technology systems, including management and 

related contractual costs of said acquisitions, including related 

Internal Revenue Service labor costs, and contractual costs associated with operations authorized by 5 U.S.C. 3109: Provided, That, 

with the exception of labor costs, none of these funds may be 

obligated until the Internal Revenue Service submits to the Committees on Appropriations, 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, including Circular A–11; (2) complies with the 

Internal Revenue Service’s enterprise architecture, including the 

modernization blueprint; (3) conforms with the Internal Revenue 

Service’s enterprise life cycle methodology; (4) is approved by the 

Internal Revenue Service, the Department of the Treasury, and 

the Office of Management and Budget; (5) has been reviewed by 

the Government Accountability Office; and (6) complies with the 

acquisition rules, requirements, guidelines, and systems acquisition 

management practices of the Federal Government. 

HEALTH INSURANCE TAX CREDIT ADMINISTRATION

For expenses necessary to implement the health insurance 

tax credit included in the Trade Act of 2002 (Public Law 107– 

210), $15,406,000. 

Expenditure 

plan. 


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123 STAT. 636 PUBLIC LAW 111–8—MAR. 11, 2009 

ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE SERVICE

(INCLUDING TRANSFER OF FUNDS) 

SEC. 101. Not to exceed 5 percent of any appropriation made 

available in this Act to the Internal Revenue Service or not to 

exceed 3 percent of appropriations under the heading ‘‘Enforcement’’ 

may be transferred to any other Internal Revenue Service appropriation upon the advance approval of the Committees on Appropriations. 

SEC. 102. The Internal Revenue Service shall maintain a 

training program to ensure that Internal Revenue Service 

employees are trained in taxpayers’ rights, in dealing courteously 

with taxpayers, and in cross-cultural relations. 

SEC. 103. The Internal Revenue Service shall institute and 

enforce policies and procedures that will safeguard the confidentiality of taxpayer information. 

SEC. 104. Funds made available by this or any other Act to 

the Internal Revenue Service shall be available for improved facilities and increased staffing to provide sufficient and effective 1– 

800 help line service for taxpayers. The Commissioner shall continue to make the improvement of the Internal Revenue Service 

1–800 help line service a priority and allocate resources necessary 

to increase phone lines and staff to improve the Internal Revenue 

Service 1–800 help line service. 

SEC. 105. Of the funds made available by this Act to the 

Internal Revenue Service, not less than $6,997,000,000 shall be 

available only for tax enforcement. In addition, of the funds made 

available by this Act to the Internal Revenue Service, and subject 

to the same terms and conditions, $490,000,000 shall be available 

for enhanced tax law enforcement. 

SEC. 106. None of the funds made available in this Act may 

be used to enter into, renew, extend, administer, implement, enforce, 

or provide oversight of any qualified tax collection contract (as 

defined in section 6306 of the Internal Revenue Code of 1986). 

ADMINISTRATIVE PROVISIONS—DEPARTMENT OF THE TREASURY

(INCLUDING TRANSFERS OF FUNDS) 

SEC. 107. Appropriations to the Department of the Treasury 

in this Act shall be available for uniforms or allowances therefor, 

as authorized by law (5 U.S.C. 5901), including maintenance, 

repairs, and cleaning; purchase of insurance for official motor 

vehicles operated in foreign countries; purchase of motor vehicles 

without regard to the general purchase price limitations for vehicles 

purchased and used overseas for the current fiscal year; entering 

into contracts with the Department of State for the furnishing 

of health and medical services to employees and their dependents 

serving in foreign countries; and services authorized by 5 U.S.C. 

3109. 

SEC. 108. Not to exceed 2 percent of any appropriations in 

this Act made available to the Departmental Offices—Salaries and 

Expenses, Office of Inspector General, Financial Management 

Service, Alcohol and Tobacco Tax and Trade Bureau, Financial 

Crimes Enforcement Network, and Bureau of the Public Debt, may 

be transferred between such appropriations upon the advance 

approval of the Committees on Appropriations: Provided, That no 

Contracts. 

Confidentiality. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 637 

transfer may increase or decrease any such appropriation by more 

than 2 percent. 

SEC. 109. Not to exceed 2 percent of any appropriation made 

available in this Act to the Internal Revenue Service may be transferred to the Treasury Inspector General for Tax Administration’s 

appropriation upon the advance approval of the Committees on 

Appropriations: Provided, That no transfer may increase or decrease 

any such appropriation by more than 2 percent. 

SEC. 110. Of the funds available for the purchase of law enforcement vehicles, no funds may be obligated until the Secretary of 

the Treasury certifies that the purchase by the respective Treasury 

bureau is consistent with departmental vehicle management principles: Provided, That the Secretary may delegate this authority 

to the Assistant Secretary for Management. 

SEC. 111. None of the funds appropriated in this Act or otherwise available to the Department of the Treasury or the Bureau 

of Engraving and Printing may be used to redesign the $1 Federal 

Reserve note. 

SEC. 112. The Secretary of the Treasury may transfer funds 

from Financial Management Service, Salaries and Expenses to the 

Debt Collection Fund as necessary to cover the costs of debt collection: Provided, That such amounts shall be reimbursed to such 

salaries and expenses account from debt collections received in 

the Debt Collection Fund. 

SEC. 113. Section 122(g)(1) of Public Law 105–119 (5 U.S.C. 

3104 note), is further amended by striking ‘‘10 years’’ and inserting 

‘‘11 years’’. 

SEC. 114. None of the funds appropriated or otherwise made 

available by this or any other Act may be used by the United 

States Mint to construct or operate any museum without the explicit 

approval of the Committees on Appropriations of the House of 

Representatives and the Senate, the House Committee on Financial 

Services, and the Senate Committee on Banking, Housing, and 

Urban Affairs. 

SEC. 115. None of the funds appropriated or otherwise made 

available by this or any other Act or source to the Department 

of the Treasury, the Bureau of Engraving and Printing, and the 

United States Mint, individually or collectively, may be used to 

consolidate any or all functions of the Bureau of Engraving and 

Printing and the United States Mint without the explicit approval 

of the House Committee on Financial Services; the Senate Committee on Banking, Housing, and Urban Affairs; the House Committee on Appropriations; and the Senate Committee on Appropriations. 

SEC. 116. Funds appropriated by this Act, or made available 

by the transfer of funds in this Act, for the Department of the 

Treasury’s intelligence or intelligence related 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. 117. Not to exceed $5,000 shall be made available from 

the Bureau of Engraving and Printing’s Industrial Revolving Fund 

for necessary official reception and representation expenses. 

This title may be cited as the ‘‘Department of the Treasury 

Appropriations Act, 2009’’. 


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123 STAT. 638 PUBLIC LAW 111–8—MAR. 11, 2009 

TITLE II 

EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS 

APPROPRIATED TO THE PRESIDENT 

COMPENSATION OF THE PRESIDENT

For compensation of the President, including an expense allow- ance at the rate of $50,000 per annum as authorized by 3 U.S.C. 

102, $450,000: Provided, That none of the funds made available 

for official expenses shall be expended for any other purpose and 

any unused amount shall revert to the Treasury pursuant to section 

1552 of title 31, United States Code. 

WHITE HOUSE OFFICE

SALARIES AND EXPENSES

For necessary expenses for the White House as authorized 

by law, including not to exceed $3,850,000 for services as authorized 

by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3 U.S.C. 105, which shall be expended and accounted 

for as provided in that section; hire of passenger motor vehicles, 

newspapers, periodicals, teletype news service, and travel (not to 

exceed $100,000 to be expended and accounted for as provided 

by 3 U.S.C. 103); and not to exceed $19,000 for official entertainment expenses, to be available for allocation within the Executive 

Office of the President; $53,899,000, of which $1,400,000 shall be 

for the Office of National AIDS Policy. 

EXECUTIVE RESIDENCE AT THE WHITE HOUSE

OPERATING EXPENSES

For the care, maintenance, repair and alteration, refurnishing, 

improvement, heating, and lighting, including electric power and 

fixtures, of the Executive Residence at the White House and official 

entertainment expenses of the President, $13,363,000, to be 

expended and accounted for as provided by 3 U.S.C. 105, 109, 

110, and 112–114. 

REIMBURSABLE EXPENSES

For the reimbursable expenses of the Executive Residence at 

the White House, such sums as may be necessary: Provided, That 

all reimbursable operating expenses of the Executive Residence 

shall be made in accordance with the provisions of this paragraph: 

Provided further, That, notwithstanding any other provision of law, 

such amount for reimbursable operating expenses shall be the exclusive authority of the Executive Residence to incur obligations and 

to receive offsetting collections, for such expenses: Provided further, 

That the Executive Residence shall require each person sponsoring 

a reimbursable political event to pay in advance an amount equal 

to the estimated cost of the event, and all such advance payments 

shall be credited to this account and remain available until 

expended: Provided further, That the Executive Residence shall 

require the national committee of the political party of the President 

to maintain on deposit $25,000, to be separately accounted for 

and available for expenses relating to reimbursable political events 

Executive Office 

of the President 

Appropriations 

Act, 2009. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 639 

sponsored by such committee during such fiscal year: Provided 

further, That the Executive Residence shall ensure that a written 

notice of any amount owed for a reimbursable operating expense 

under this paragraph is submitted to the person owing such amount 

within 60 days after such expense is incurred, and that such amount 

is collected within 30 days after the submission of such notice: 

Provided further, That the Executive Residence shall charge interest 

and assess penalties and other charges on any such amount that 

is not reimbursed within such 30 days, in accordance with the 

interest and penalty provisions applicable to an outstanding debt 

on a United States Government claim under section 3717 of title 

31, United States Code: Provided further, That each such amount 

that is reimbursed, and any accompanying interest and charges, 

shall be deposited in the Treasury as miscellaneous receipts: Provided further, That the Executive Residence shall prepare and 

submit to the Committees on Appropriations, by not later than 

90 days after the end of the fiscal year covered by this Act, a 

report setting forth the reimbursable operating expenses of the 

Executive Residence during the preceding fiscal year, including 

the total amount of such expenses, the amount of such total that 

consists of reimbursable official and ceremonial events, the amount 

of such total that consists of reimbursable political events, and 

the portion of each such amount that has been reimbursed as 

of the date of the report: Provided further, That the Executive 

Residence shall maintain a system for the tracking of expenses 

related to reimbursable events within the Executive Residence that 

includes a standard for the classification of any such expense as 

political or nonpolitical: Provided further, That no provision of this 

paragraph may be construed to exempt the Executive Residence 

from any other applicable requirement of subchapter I or II of 

chapter 37 of title 31, United States Code. 

WHITE HOUSE REPAIR AND RESTORATION

For the repair, alteration, and improvement of the Executive 

Residence at the White House, $1,600,000, to remain available 

until expended, for required maintenance, safety and health issues, 

and continued preventative maintenance. 

COUNCIL OF ECONOMIC ADVISERS

SALARIES AND EXPENSES

For necessary expenses of the Council of Economic Advisers 

in carrying out its functions under the Employment Act of 1946 

(15 U.S.C. 1021 et seq.), $4,118,000. 

OFFICE OF POLICY DEVELOPMENT

SALARIES AND EXPENSES

For necessary expenses of the Office of Policy Development, 

including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 

107, $3,550,000. 

Records. 

Deadline. 

Reports. 

Fines. 

Deadline. 

Notice. 

Deadlines. 


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123 STAT. 640 PUBLIC LAW 111–8—MAR. 11, 2009 

NATIONAL SECURITY COUNCIL

SALARIES AND EXPENSES

For necessary expenses of the National Security Council, 

including services as authorized by 5 U.S.C. 3109, $9,029,000. 

OFFICE OF ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Office of Administration, 

including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 

107, and hire of passenger motor vehicles, $101,333,000, of which 

not less than $5,700,000 shall be for e-mail restoration activities, 

and of which $11,923,000 shall remain available until expended 

for continued modernization of the information technology infrastructure within the Executive Office of the President. 

OFFICE OF MANAGEMENT AND BUDGET

SALARIES AND EXPENSES

For necessary expenses of the Office of Management and 

Budget, including hire of passenger motor vehicles and services 

as authorized by 5 U.S.C. 3109 and to carry out the provisions 

of chapter 35 of title 44, United States Code, $87,972,000, of which 

not to exceed $3,000 shall be available for official representation 

expenses: Provided, That none of the funds appropriated in this 

Act for the Office of Management and Budget may be used for 

the purpose of reviewing any agricultural marketing orders or any 

activities or regulations under the provisions of the Agricultural 

Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.): Provided 

further, That none of the funds made available for the Office of 

Management and Budget by this Act may be expended for the 

altering of the transcript of actual testimony of witnesses, except 

for testimony of officials of the Office of Management and Budget, 

before the Committees on Appropriations or their subcommittees: 

Provided further, That none of the funds provided in this or prior 

Acts shall be used, directly or indirectly, by the Office of Management and Budget, for evaluating or determining if water resource 

project or study reports submitted by the Chief of Engineers acting 

through the Secretary of the Army are in compliance with all 

applicable laws, regulations, and requirements relevant to the Civil 

Works water resource planning process: Provided further, That 

the Office of Management and Budget shall have not more than 

60 days in which to perform budgetary policy reviews of water 

resource matters on which the Chief of Engineers has reported: 

Provided further, That the Director of the Office of Management 

and Budget shall notify the appropriate authorizing and appropriating committees when the 60-day review is initiated: Provided 

further, That if water resource reports have not been transmitted 

to the appropriate authorizing and appropriating committees within 

15 days after the end of the Office of Management and Budget 

review period based on the notification from the Director, Congress 

shall assume Office of Management and Budget concurrence with 

the report and act accordingly. 

Reports. 

Deadline. 

Notification. 

Deadline. 

Policy reviews. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 641 

OFFICE OF NATIONAL DRUG CONTROL POLICY

SALARIES AND EXPENSES

For necessary expenses of the Office of National Drug Control 

Policy; for research activities pursuant to the Office of National 

Drug Control Policy Reauthorization Act of 2006 (Public Law 109– 

469); not to exceed $10,000 for official reception and representation 

expenses; and for participation in joint projects or in the provision 

of services on matters of mutual interest with nonprofit, research, 

or public organizations or agencies, with or without reimbursement, 

$27,200,000; of which $1,300,000 shall remain available until 

expended for policy research and evaluation: Provided, That the 

Office is authorized to accept, hold, administer, and utilize gifts, 

both real and personal, public and private, without fiscal year 

limitation, for the purpose of aiding or facilitating the work of 

the Office. 

COUNTERDRUG TECHNOLOGY ASSESSMENT CENTER

(INCLUDING TRANSFER OF FUNDS) 

For necessary expenses for the Counterdrug Technology Assessment Center for research activities pursuant to the Office of 

National Drug Control Policy Reauthorization Act of 2006 (Public 

Law 109–469), $3,000,000, which shall remain available until 

expended for counternarcotics research and development projects: 

Provided, That such amount shall be available for transfer to other 

Federal departments or agencies: Provided further, That the Office 

of National Drug Control Policy shall submit for approval by the 

Committees on Appropriations of the House of Representatives and 

the Senate, a detailed spending plan for the use of these funds 

no later than 90 days after enactment of this Act. 

FEDERAL DRUG CONTROL PROGRAMS

HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

(INCLUDING TRANSFERS OF FUNDS) 

For necessary expenses of the Office of National Drug Control 

Policy’s High Intensity Drug Trafficking Areas Program, 

$234,000,000, to remain available until September 30, 2010, for 

drug control activities consistent with the approved strategy for 

each of the designated High Intensity Drug Trafficking Areas, of 

which no less than 51 percent shall be transferred to State and 

local entities for drug control activities, which shall be obligated 

within 120 days after enactment of this Act: Provided, That up 

to 49 percent may be transferred to Federal agencies and departments at a rate to be determined by the Director, of which up 

to $2,100,000 may be used for auditing services and associated 

activities, and up to $250,000 of the $2,100,000 shall be used 

to ensure the continued operation and maintenance of the Performance Management System: Provided further, That High Intensity 

Drug Trafficking Areas Programs designated as of September 30, 

2008, shall be funded at no less than the fiscal year 2008 initial 

allocation levels (as revised by the letter from the Director of 

the Office of National Drug Control Policy to the Committees on 

Appropriations of the House of Representatives and the Senate 

Funding 

justification. 

Deadline. 

Spending plan. 

Deadline. 

21 USC 1702 

note. 


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123 STAT. 642 PUBLIC LAW 111–8—MAR. 11, 2009 

dated April 8, 2008) or $3,000,000, whichever is greater, unless 

the Director submits to the Committees on Appropriations of the 

House of Representatives and the Senate, and the Committees 

approve, justification for changes in those levels based on clearly 

articulated priorities for the High Intensity Drug Trafficking Areas 

Programs, as well as published Office of National Drug Control 

Policy performance measures of effectiveness: Provided further, That 

no High Intensity Drug Trafficking Area shall receive more than 

$47,457,447 as its fiscal year 2009 initial allocation level: Provided 

further, That, notwithstanding the requirements of Public Law 106– 

58, any unexpended funds obligated prior to fiscal year 2007 for 

programs addressing the treatment or prevention of drug use as 

part of the approved strategy for a designated High Intensity Drug 

Trafficking Area may be used for other approved activities of that 

High Intensity Drug Trafficking Area: Provided further, That the 

Office of National Drug Control Policy (ONDCP) shall notify the 

Committees on Appropriations of the House of Representatives and 

the Senate of the initial High-Intensity Drug Trafficking Area 

(HIDTA) allocation funding within 45 days after the enactment 

of this Act: Provided further, That ONDCP shall submit recommendations for approval to the Committees on Appropriations 

for the use of discretionary HIDTA funding, according to a framework proposed jointly by the HIDTA Directors and ONDCP, within 

90 days after the enactment of this Act. 

OTHER FEDERAL DRUG CONTROL PROGRAMS

(INCLUDING TRANSFER OF FUNDS) 

For activities to support a national anti-drug campaign for 

youth, and for other purposes, authorized by the Office of National 

Drug Control Policy Reauthorization Act of 2006 (Public Law 109– 

469), $174,700,000, to remain available until expended, of which 

the amounts are available as follows: $70,000,000 to support a 

national media campaign, of which at least $8,000,000 shall be 

designated for methamphetamine prevention messages: Provided, That the Office of National Drug Control Policy shall maintain 

funding for non-advertising services for the media campaign at 

no less than the fiscal year 2003 ratio of service funding to total 

funds and shall continue the corporate outreach program; 

$90,000,000 to continue a program of matching grants to drugfree communities, of which $2,000,000 shall be made available 

as directed by section 4 of Public Law 107–82, as amended by 

Public Law 109–469 (21 U.S.C. 1521 note): Provided further, That 

any grantee seeking a renewal grant (year 2 through 5, or year 

7 through 10) that is determined to be ineligible or not entitled 

to continuation funding for any reason, shall be afforded a fair, 

timely, and independent appeal prior to the beginning of the subsequent funding year before being denied a renewal grant; $1,250,000 

for the National Drug Court Institute; $9,800,000 for the United 

States Anti-Doping Agency for anti-doping activities; $1,900,000 

for the United States membership dues to the World Anti-Doping 

Agency; $1,250,000 for the National Alliance for Model State Drug 

Laws; and $500,000 for evaluations and research related to National 

Drug Control Program performance measures: Provided further, 

That such funds may be transferred to other Federal departments 

and agencies to carry out such activities: Provided further, That 

of the amounts appropriated for a national media campaign, not 

Recommendations. 

Deadline. 

Notification. 

Deadline. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 643 

to exceed 10 percent shall be for administration, advertising production, research and testing, labor, and related costs of the national 

media campaign. 

UNANTICIPATED NEEDS

For expenses necessary to enable the President to meet 

unanticipated needs, in furtherance of the national interest, security, or defense which may arise at home or abroad during the 

current fiscal year, as authorized by 3 U.S.C. 108, $1,000,000, 

to remain available until September 30, 2010. 

PRESIDENTIAL TRANSITION ADMINISTRATIVE SUPPORT

(INCLUDING TRANSFER OF FUNDS) 

For expenses of the Office of Administration to carry out the 

Presidential Transition Act of 1963 and similar expenses, in addition to amounts otherwise appropriated by law, $8,000,000; Provided, That 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 Act or any other 

Act, to carry out such purposes. 

SPECIAL ASSISTANCE TO THE PRESIDENT

SALARIES AND EXPENSES

For necessary expenses to enable the Vice President to provide 

assistance to the President in connection with specially assigned 

functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 

106, including subsistence expenses as authorized by 3 U.S.C. 106, 

which shall be expended and accounted for as provided in that 

section; and hire of passenger motor vehicles, $4,496,000. 

OFFICIAL RESIDENCE OF THE VICE PRESIDENT

OPERATING EXPENSES

(INCLUDING TRANSFER OF FUNDS) 

For the care, operation, refurnishing, improvement, and to the 

extent not otherwise provided for, heating and lighting, including 

electric power and fixtures, of the official residence of the Vice 

President; the hire of passenger motor vehicles; and not to exceed 

$90,000 for official entertainment expenses of the Vice President, 

to be accounted for solely on his certificate, $323,000: Provided, 

That advances or repayments or transfers from this appropriation 

may be made to any department or agency for expenses of carrying 

out such activities. 

ADMINISTRATIVE PROVISIONS—EXECUTIVE OFFICE OF THE

PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT

(INCLUDING TRANSFER OF FUNDS) 

SEC. 201. From funds made available in this Act under the 

headings ‘‘White House Office’’, ‘‘Executive Residence at the White 

Notification. 


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123 STAT. 644 PUBLIC LAW 111–8—MAR. 11, 2009 

House’’, ‘‘White House Repair and Restoration’’, ‘‘Council of Economic Advisors’’, ‘‘National Security Council’’, ‘‘Office of Administration’’, ‘‘Office of Policy Development’’, ‘‘Special Assistance to the 

President’’, and ‘‘Official Residence of the Vice President’’, the 

Director of the Office of Management and Budget (or such other 

officer as the President may designate in writing), may, 15 days 

after giving notice to the Committees on Appropriations of the 

House of Representatives and the Senate, transfer not to exceed 

10 percent of any such appropriation to any other such appropriation, to be merged with and available for the same time and for 

the same purposes as the appropriation to which transferred: Provided, That the amount of an appropriation shall not be increased 

by more than 50 percent by such transfers: Provided further, That 

no amount shall be transferred from ‘‘Special Assistance to the 

President’’ or ‘‘Official Residence of the Vice President’’ without 

the approval of the Vice President. 

SEC. 202. The President shall submit to the Committees on 

Appropriations of the House of Representatives and the Senate 

not later than 60 days after the date of the enactment of this 

Act, and prior to the initial obligation of funds appropriated under 

the heading ‘‘Office of National Drug Control Policy’’, a detailed 

narrative and financial plan on the proposed uses of all funds 

under the heading by program, project, and activity, for which 

the obligation of funds is anticipated: Provided, That up to 20 

percent of funds appropriated under this heading may be obligated 

before the submission of the report subject to prior approval of 

the Committees on Appropriations: Provided further, That the 

report shall be updated and submitted to the Committees on Appropriations every 6 months and shall include information detailing 

how the estimates and assumptions contained in previous reports 

have changed: Provided further, That any new projects and changes 

in funding of ongoing projects shall be subject to the prior approval 

of the Committees on Appropriations. 

SEC. 203. Not to exceed 2 percent of any appropriations in 

this Act made available to the Office of National Drug Control 

Policy may be transferred between appropriated programs upon 

the advance approval of the Committees on Appropriations: Provided, That no transfer may increase or decrease any such appropriation by more than 3 percent. 

SEC. 204. Not to exceed $1,000,000 of any appropriations in 

this Act made available to the Office of National Drug Control 

Policy may be reprogrammed within a program, project, or activity 

upon the advance approval of the Committees on Appropriations. 

This title may be cited as the ‘‘Executive Office of the President 

Appropriations Act, 2009’’. 

TITLE III 

THE JUDICIARY 

SUPREME COURT OF THE UNITED STATES

SALARIES AND EXPENSES

For expenses necessary for the operation of the Supreme Court, 

as required by law, excluding care of the building and grounds, 

including purchase or hire, driving, maintenance, and operation 

of an automobile for the Chief Justice, not to exceed $10,000 for 

Judiciary 

Appropriations 

Act, 2009. 

Reports. 

Deadlines. 

Deadline. 

Financial plan. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 645 

the purpose of transporting Associate Justices, and hire of passenger 

motor vehicles as authorized by 31 U.S.C. 1343 and 1344; not 

to exceed $10,000 for official reception and representation expenses; 

and for miscellaneous expenses, to be expended as the Chief Justice 

may approve, $69,777,000, of which $2,000,000 shall remain available until expended. 

CARE OF THE BUILDING AND GROUNDS

For such expenditures as may be necessary to enable the 

Architect of the Capitol to carry out the duties imposed upon 

the Architect by the Act approved May 7, 1934 (40 U.S.C. 13a– 

13b), $18,447,000, which shall remain available until expended. 

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT

SALARIES AND EXPENSES

For salaries of the chief judge, judges, and other officers and 

employees, and for necessary expenses of the court, as authorized 

by law, $30,384,000. 

UNITED STATES COURT OF INTERNATIONAL TRADE

SALARIES AND EXPENSES

For salaries of the chief judge and eight judges, salaries of 

the officers and employees of the court, services, and necessary 

expenses of the court, as authorized by law, $19,605,000. 

COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL

SERVICES

SALARIES AND EXPENSES

For the salaries of circuit and district judges (including judges 

of the territorial courts of the United States), justices and judges 

retired from office or from regular active service, judges of the 

United States Court of Federal Claims, bankruptcy judges, magistrate judges, and all other officers and employees of the Federal 

Judiciary not otherwise specifically provided for, and necessary 

expenses of the courts, as authorized by law, $4,801,369,000 

(including the purchase of firearms and ammunition); of which 

not to exceed $27,817,000 shall remain available until expended 

for space alteration projects and for furniture and furnishings 

related to new space alteration and construction projects. 

In addition, for expenses of the United States Court of Federal 

Claims associated with processing cases under the National Childhood Vaccine Injury Act of 1986 (Public Law 99–660), not to exceed 

$4,253,000, to be appropriated from the Vaccine Injury Compensation Trust Fund. 

DEFENDER SERVICES

For the operation of Federal Defender organizations; the compensation and reimbursement of expenses of attorneys appointed 

to represent persons under section 3006A of title 18, United States 

Code, and also under section 3599 of title 18, United States Code, 

in cases in which a defendant is charged with a crime that may 


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123 STAT. 646 PUBLIC LAW 111–8—MAR. 11, 2009 

be punishable by death; the compensation and reimbursement of 

expenses of persons furnishing investigative, expert, and other services under section 3006A(e) of title 18, United States Code, and 

also under section 3599(f) and (g)(2) of title 18, United States 

Code, in cases in which a defendant is charged with a crime that 

may be punishable by death; the compensation (in accordance with 

the maximums under section 3006A of title 18, United States Code) 

and reimbursement of expenses of attorneys appointed to assist 

the court in criminal cases where the defendant has waived representation by counsel; the compensation and reimbursement of 

travel expenses of guardians ad litem acting on behalf of financially 

eligible minor or incompetent offenders in connection with transfers 

from the United States to foreign countries with which the United 

States has a treaty for the execution of penal sentences; the compensation and reimbursement of expenses of attorneys appointed 

to represent jurors in civil actions for the protection of their employment, as authorized by 28 U.S.C. 1875(d); the compensation and 

reimbursement of expenses of attorneys appointed under 18 U.S.C. 

983(b)(1) in connection with certain judicial civil forfeiture proceedings; and for necessary training and general administrative 

expenses, $849,400,000, to remain available until expended. 

FEES OF JURORS AND COMMISSIONERS

For fees and expenses of jurors as authorized by 28 U.S.C. 

1871 and 1876; compensation of jury commissioners as authorized 

by 28 U.S.C. 1863; and compensation of commissioners appointed 

in condemnation cases pursuant to rule 71A(h) of the Federal 

Rules of Civil Procedure (28 U.S.C. Appendix Rule 71A(h)), 

$62,206,000, to remain available until expended: Provided, That 

the compensation of land commissioners shall not exceed the daily 

equivalent of the highest rate payable under section 5332 of title 

5, United States Code. 

COURT SECURITY

(INCLUDING TRANSFERS OF FUNDS) 

For necessary expenses, not otherwise provided for, incident 

to the provision of protective guard services for United States 

courthouses and other facilities housing Federal court operations, 

and the procurement, installation, and maintenance of security 

systems and equipment for United States courthouses and other 

facilities housing Federal court operations, including building 

ingress-egress control, inspection of mail and packages, directed 

security patrols, perimeter security, basic security services provided 

by the Federal Protective Service, and other similar activities as 

authorized by section 1010 of the Judicial Improvement and Access 

to Justice Act (Public Law 100–702), $428,858,000, of which not 

to exceed $15,000,000 shall remain available until expended, to 

be expended directly or transferred to the United States Marshals 

Service, which shall be responsible for administering the Judicial 

Facility Security Program consistent with standards or guidelines 

agreed to by the Director of the Administrative Office of the United 

States Courts and the Attorney General. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 647 

ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS

SALARIES AND EXPENSES

For necessary expenses of the Administrative Office of the 

United States Courts as authorized by law, including travel as 

authorized by 31 U.S.C. 1345, hire of a passenger motor vehicle 

as authorized by 31 U.S.C. 1343(b), advertising and rent in the 

District of Columbia and elsewhere, $79,049,000, of which not to 

exceed $8,500 is authorized for official reception and representation 

expenses. 

FEDERAL JUDICIAL CENTER

SALARIES AND EXPENSES

For necessary expenses of the Federal Judicial Center, as 

authorized by Public Law 90–219, $25,725,000; of which $1,800,000 

shall remain available through September 30, 2010, to provide 

education and training to Federal court personnel; and of which 

not to exceed $1,500 is authorized for official reception and representation expenses. 

JUDICIAL RETIREMENT FUNDS

PAYMENT TO JUDICIARY TRUST FUNDS

For payment to the Judicial Officers’ Retirement Fund, as 

authorized by 28 U.S.C. 377(o), $65,340,000; to the Judicial Survivors’ Annuities Fund, as authorized by 28 U.S.C. 376(c), 

$6,600,000; and to the United States Court of Federal Claims 

Judges’ Retirement Fund, as authorized by 28 U.S.C. 178(l), 

$4,200,000. 

UNITED STATES SENTENCING COMMISSION

SALARIES AND EXPENSES

For the salaries and expenses necessary to carry out the provisions of chapter 58 of title 28, United States Code, $16,225,000, 

of which not to exceed $1,000 is authorized for official reception 

and representation expenses. 

ADMINISTRATIVE PROVISIONS—THE JUDICIARY

(INCLUDING TRANSFER OF FUNDS) 

SEC. 301. Appropriations and authorizations made in this title 

which are available for salaries and expenses shall be available 

for services as authorized by 5 U.S.C. 3109. 

SEC. 302. Not to exceed 5 percent of any appropriation made 

available for the current fiscal year for the Judiciary in this Act 

may be transferred between such appropriations, but no such appropriation, except ‘‘Courts of Appeals, District Courts, and Other 

Judicial Services, Defender Services’’ and ‘‘Courts of Appeals, District Courts, and Other Judicial Services, Fees of Jurors and 

Commissioners’’, shall be increased by more than 10 percent by 

any such transfers: Provided, That any transfer pursuant to this 

section shall be treated as a reprogramming of funds under sections 


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123 STAT. 648 PUBLIC LAW 111–8—MAR. 11, 2009 

604 and 608 of this Act and shall not be available for obligation 

or expenditure except in compliance with the procedures set forth 

in section 608. 

SEC. 303. Notwithstanding any other provision of law, the 

salaries and expenses appropriation for ‘‘Courts of Appeals, District 

Courts, and Other Judicial Services’’ shall be available for official 

reception and representation expenses of the Judicial Conference 

of the United States: Provided, That such available funds shall 

not exceed $11,000 and shall be administered by the Director of 

the Administrative Office of the United States Courts in the capacity 

as Secretary of the Judicial Conference. 

SEC. 304. Within 90 days after the date of the enactment 

of this Act, the Administrative Office of the U.S. Courts shall 

submit to the Committees on Appropriations a comprehensive financial plan for the Judiciary allocating all sources of available funds 

including appropriations, fee collections, and carryover balances, 

to include a separate and detailed plan for the Judiciary Information 

Technology Fund. 

SEC. 305. Section 3314(a) of title 40, United States Code, shall 

be applied by substituting ‘‘Federal’’ for ‘‘executive’’ each place it 

appears. 

SEC. 306. In accordance with 28 U.S.C. 561–569, and notwithstanding any other provision of law, the United States Marshals 

Service shall provide, for such courthouses as its Director may 

designate in consultation with the Director of the Administrative 

Office of the United States Courts, for purposes of a pilot program, 

the security services that 40 U.S.C. 1315 authorizes the Department 

of Homeland Security to provide, except for the services specified 

in 40 U.S.C. 1315(b)(2)(E). For building-specific security services 

at these courthouses, the Director of the Administrative Office 

of the United States Courts shall reimburse the United States 

Marshals Service rather than the Department of Homeland Security. 

SEC. 307. (a). IN GENERAL.—Section 604(a)(5) of title 28, United 

States Code, is amended by striking ‘‘magistrate judges appointed 

under section 631 of this title,’’ and inserting the following: ‘‘, 

United States magistrate judges, bankruptcy judges appointed 

under chapter 6 of this title, judges of the District Court of Guam, 

judges of the District Court for the Northern Mariana Islands, 

judges of the District Court of the Virgin Islands, bankruptcy judges 

and magistrate judges retired under section 377 of this title, and 

judges retired under section 373 of this title, who are’’. 

(b) CONSTRUCTION.—For purposes of construing and applying 

chapter 87 of title 5, United States Code, including any adjustment 

of insurance rates by regulation or otherwise, the following categories of judicial officers shall be deemed to be judges of the 

United States as described under section 8701 of title 5, United 

States Code: 

(1) United States magistrate judges. 

(2) Bankruptcy judges appointed under chapter 6 of title 

28, United States Code. 

(3) Judges of the District Court of Guam, judges of the 

District Court for the Northern Mariana Islands, and judges 

of the District Court of the Virgin Islands. 

(4) Bankruptcy judges and magistrate judges retired under 

section 377 of title 28, United States Code. 

5 USC 8701 note. 

Reimbursements. 

Applicability. 

Deadline. 

Financial plan. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 649 

(5) Judges retired under section 373 of title 28, United 

States Code. 

(c) EFFECTIVE DATE.—Subsection (b) and the amendment made 

by subsection (a) shall apply with respect to any payment made 

on or after the first day of the first applicable pay period beginning 

on or after the date of the enactment of Public Law 110–177. 

SEC. 308. Subsection (c) of section 407 of the Transportation, 

Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, 

2006 (division A, title IV, of Public Law 109–115; 119 Stat. 2396, 

2471) is repealed. 

SEC. 309. Section 203(c) of the Judicial Improvements Act of 

1990 (Public Law 101–650; 28 U.S.C. 133 note), is amended— 

(1) in the second sentence, by inserting ‘‘the district of 

Hawaii,’’ after ‘‘Pennsylvania,’’; 

(2) in the third sentence (relating to the District of Kansas), 

by striking ‘‘17 years’’ and inserting ‘‘18 years’’; 

(3) in the sixth sentence (relating to the Northern District 

of Ohio), by striking ‘‘17 years’’ and inserting ‘‘18 years’’. 

(4) by inserting ‘‘The first vacancy in the office of the 

district judge in the district of Hawaii occurring 15 years or 

more after the confirmation date of the judge named to fill 

the temporary judgeship created under this subsection shall 

not be filled.’’ after the sixth sentence. 

SEC. 310. Pursuant to section 140 of Public Law 97–92, and 

from funds appropriated in this Act, Justices and judges of the 

United States are authorized during fiscal year 2009, to receive 

a salary adjustment in accordance with 28 U.S.C. 461. 

This title may be cited as the ‘‘Judiciary Appropriations Act, 

2009’’. 

TITLE IV 

DISTRICT OF COLUMBIA 

FEDERAL FUNDS

FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT

For a Federal payment to the District of Columbia, to be 

deposited into a dedicated account, for a nationwide program to 

be administered by the Mayor, for District of Columbia resident 

tuition support, $35,100,000, to remain available until expended: 

Provided, That such funds, including any interest accrued thereon, 

may be used on behalf of eligible District of Columbia residents 

to pay an amount based upon the difference between in-State and 

out-of-State tuition at public institutions of higher education, or 

to pay up to $2,500 each year at eligible private institutions of 

higher education: Provided further, That the awarding of such funds 

may be prioritized on the basis of a resident’s academic merit, 

the income and need of eligible students and such other factors 

as may be authorized: Provided further, That the District of 

Columbia government shall maintain a dedicated account for the 

Resident Tuition Support Program that shall consist of the Federal 

funds appropriated to the Program in this Act and any subsequent 

appropriations, any unobligated balances from prior fiscal years, 

and any interest earned in this or any fiscal year: Provided further, 

That the account shall be under the control of the District of 

Accounts. 

District of 

Columbia 

Appropriations 

Act, 2009. 

28 USC 461 note. 

Deadline. 

28 USC 604 note. 

28 USC 604 note. 


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123 STAT. 650 PUBLIC LAW 111–8—MAR. 11, 2009 

Columbia Chief Financial Officer, who shall use those funds solely 

for the purposes of carrying out the Resident Tuition Support Program: Provided further, That the Office of the Chief Financial 

Officer shall provide a quarterly financial report to the Committees 

on Appropriations of the House of Representatives and the Senate 

for these funds showing, by object class, the expenditures made 

and the purpose therefor. 

FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS

IN THE DISTRICT OF COLUMBIA

For a Federal payment of necessary expenses, as determined 

by the Mayor of the District of Columbia in written consultation 

with the elected county or city officials of surrounding jurisdictions, 

$39,177,000, to remain available until expended and in addition 

any funds that remain available from prior year appropriations 

under this heading for the District of Columbia Government, of 

which $38,825,000 is for the costs of providing public safety at 

events related to the presence of the national capital in the District 

of Columbia, for the costs of providing support requested by the 

Director of the United States Secret Service Division in carrying 

out protective duties under the direction of the Secretary of Homeland Security, and for the costs of providing support to respond 

to immediate and specific terrorist threats or attacks in the District 

of Columbia or surrounding jurisdictions; and of which $352,000 

is for the District of Columbia National Guard retention and college 

access program. 

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS

For salaries and expenses for the District of Columbia Courts, 

$248,409,000 to be allocated as follows: for the District of Columbia 

Court of Appeals, $12,630,000, of which not to exceed $1,500 is 

for official reception and representation expenses; for the District 

of Columbia Superior Court, $104,277,000, of which not to exceed 

$1,500 is for official reception and representation expenses; for 

the District of Columbia Court System, $55,426,000, of which not 

to exceed $1,500 is for official reception and representation 

expenses; and $76,076,000, to remain available until September 

30, 2010, for capital improvements for District of Columbia courthouse facilities, including structural improvements to the District 

of Columbia cell block at the Moultrie Courthouse: Provided, That 

funds made available for capital improvements shall be expended 

consistent with the General Services Administration (GSA) master 

plan study and building evaluation report: Provided further, That 

notwithstanding any other provision of law, all amounts under 

this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner 

as funds appropriated for salaries and expenses of other Federal 

agencies, with payroll and financial services to be provided on 

a contractual basis with the GSA, and such services shall include 

the preparation of monthly financial reports, copies of which shall 

be submitted directly by GSA to the President and to the Committees on Appropriations of the House of Representatives and the 

Senate, the Committee on Oversight and Government Reform of 

the House of Representatives, and the Committee on Homeland 

Security and Governmental Affairs of the Senate: Provided further, 

That 30 days after providing written notice to the Committees 

Deadline. 

Notification. 

Reports. 

Deadlines. 

Contracts. 

Reports. 

Deadline. 


dkrause on GSDDPC29 with PUBLIC LAWS
PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 651 

on Appropriations of the House of Representatives and the Senate, 

the District of Columbia Courts may reallocate not more than 

$1,000,000 of the funds provided under this heading among the 

items and entities funded under this heading for operations, and 

not more than 4 percent of the funds provided under this heading 

for facilities. 

DEFENDER SERVICES IN DISTRICT OF COLUMBIA COURTS

For payments authorized under section 11–2604 and section 

11–2605, D.C. Official Code (relating to representation provided 

under the District of Columbia Criminal Justice Act), payments 

for counsel appointed in proceedings in the Family Court of the 

Superior Court of the District of Columbia under chapter 23 of 

title 16, D.C. Official Code, or pursuant to contractual agreements 

to provide guardian ad litem representation, training, technical 

assistance, and such other services as are necessary to improve 

the quality of guardian ad litem representation, payments for 

counsel appointed in adoption proceedings under chapter 3 of title 

16, D.C. Code, and payments for counsel authorized under section 

21–2060, D.C. Official Code (relating to representation provided 

under the District of Columbia Guardianship, Protective Proceedings, and Durable Power of Attorney Act of 1986), $52,475,000, 

to remain available until expended: Provided, That the funds provided in this Act under the heading ‘‘Federal Payment to the 

District of Columbia Courts’’ (other than the $76,076,000 provided 

under such heading for capital improvements for District of 

Columbia courthouse facilities) may also be used for payments 

under this heading: Provided further, That in addition to the funds 

provided under this heading, the Joint Committee on Judicial 

Administration in the District of Columbia may use funds provided 

in this Act under the heading ‘‘Federal Payment to the District 

of Columbia Courts’’ (other than the $76,076,000 provided under 

such heading for capital improvements for District of Columbia 

courthouse facilities), to make payments described under this 

heading for obligations incurred during any fiscal year: Provided 

further, That funds provided under this heading shall be administered by the Joint Committee on Judicial Administration in the 

District of Columbia: Provided further, That notwithstanding any 

other provision of law, this appropriation shall be apportioned quarterly by the Office of Management and Budget and obligated and 

expended in the same manner as funds appropriated for expenses 

of other Federal agencies, with payroll and financial services to 

be provided on a contractual basis with the General Services 

Administration (GSA), and such services shall include the preparation of monthly financial reports, copies of which shall be submitted 

directly by GSA to the President and to the Committees on Appropriations of the House of Representatives and the Senate, the 

Committee on Oversight and Government Reform of the House 

of Representatives, and the Committee on Homeland Security and 

Governmental Affairs of the Senate. 

FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER

SUPERVISION AGENCY FOR THE DISTRICT OF COLUMBIA

For salaries and expenses, including the transfer and hire 

of motor vehicles, of the Court Services and Offender Supervision 

Agency for the District of Columbia, as authorized by the National 

Reports. 

Deadlines. 

Contracts. 


dkrause on GSDDPC29 with PUBLIC LAWS
123 STAT. 652 PUBLIC LAW 111–8—MAR. 11, 2009 

Capital Revitalization and Self-Government Improvement Act of 

1997, $203,490,000, of which not to exceed $2,000 is for official 

reception and representation expenses related to Community Supervision and Pretrial Services Agency programs; of which not to 

exceed $25,000 is for dues and assessments relating to the 

implementation of the Court Services and Offender Supervision 

Agency Interstate Supervision Act of 2002; of which not to exceed 

$400,000 for the Community Supervision Program and $160,000 

for the Pretrial Services Program, both to remain available until 

September 30, 2010, are for information technology infrastructure 

enhancement acquisitions; of which $148,652,000 shall be for necessary expenses of Community Supervision and Sex Offender Registration, to include expenses relating to the supervision of adults 

subject to protection orders or the provision of services for or related 

to such persons; of which $54,838,000 shall be available to the 

Pretrial Services Agency: Provided, That notwithstanding any other 

provision of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget and 

obligated and expended in the same manner as funds appropriated 

for salaries and expenses of other Federal agencies: Provided further, That not less than $2,000,000 shall be available for re-entrant 

housing in the District of Columbia: Provided further, That the 

Director is authorized to accept and use gifts in the form of inkind contributions of space and hospitality to support offender 

and defendant programs, and equipment and vocational training 

services to educate and train offenders and defendants: Provided 

further, That the Director shall keep accurate and detailed records 

of the acceptance and use of any gift or donation under the previous 

proviso, and shall make such records available for audit and public 

inspection: Provided further, That the Court Services and Offender 

Supervision Agency Director is authorized to accept and use 

reimbursement from the District of Columbia Government for space 

and services provided on a cost reimbursable basis. 

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA PUBLIC DEFENDER

SERVICE

For salaries and expenses, including the transfer and hire 

of motor vehicles, of the District of Columbia Public Defender 

Service, as authorized by the National Capital Revitalization and 

Self-Government Improvement Act of 1997, $35,659,000, of which 

$700,000 is to remain available until September 30, 2010: Provided, 

That notwithstanding any other provision of law, all amounts under 

this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner 

as funds appropriated for salaries and expenses of Federal agencies. 

Provided further, That for fiscal year 2009 and thereafter, the 

Public Defender Service is authorized to charge fees to cover costs 

of materials distributed and training provided to attendees of educational events, including conferences, sponsored by the Public 

Defender Service, and notwithstanding 31 U.S.C. 3302, such fees 

shall be credited to this account, to be available until expended 

without further appropriation. 

Records. 

Public 

information. 

Deadline. 


dkrause on GSDDPC29 with PUBLIC LAWS
PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 653 

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND

SEWER AUTHORITY

For a Federal payment to the District of Columbia Water 

and Sewer Authority, $16,000,000, to remain available until 

expended, to continue implementation of the Combined Sewer Overflow Long-Term Plan: Provided, That the District of Columbia Water 

and Sewer Authority provides a 100 percent match for this payment. 

FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING

COUNCIL

For a Federal payment to the Criminal Justice Coordinating 

Council, $1,774,000, to remain available until expended, to support 

initiatives related to the coordination of Federal and local criminal 

justice resources in the District of Columbia. 

FEDERAL PAYMENT TO THE OFFICE OF THE CHIEF FINANCIAL OFFICER

OF THE DISTRICT OF COLUMBIA

For a Federal payment to the Office of the Chief Financial 

Officer of the District of Columbia, $4,887,622: Provided, That each 

entity that receives funding under this heading shall submit to 

the Office of the Chief Financial Officer of the District of Columbia 

(CFO) a detailed budget and comprehensive description of the activities to be carried out with such funds no later than 60 days 

after enactment of this Act, and the CFO shall submit a comprehensive report to the Committees on Appropriations of the House 

of Representatives and the Senate no later than June 1, 2009. 

FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT

For a Federal payment for a school improvement program 

in the District of Columbia, $54,000,000, to be allocated as follows: 

for the District of Columbia Public Schools, $20,000,000 to improve 

public school education in the District of Columbia; for the State 

Education Office, $20,000,000 to expand quality public charter 

schools in the District of Columbia, to remain available until 

expended; for the Secretary of the Department of Education, 

$14,000,000 to provide opportunity scholarships for students in 

the District of Columbia in accordance with division C, title III 

of the District of Columbia Appropriations Act, 2004 (Public Law 

108–199; 118 Stat. 126), of which up to $1,000,000 may be used 

to administer and fund assessments: Provided, That none of the 

funds provided in this Act or any other Act for opportunity scholarships may be used by an eligible student to enroll in a participating 

school under the D.C. School Choice Incentive Act of 2003 unless 

(1) the participating school has and maintains a valid certificate 

of occupancy issued by the District of Columbia; and (2) the core 

subject matter teachers of the eligible student hold 4-year bachelor’s 

degrees: Provided further, That use of any funds in this Act or 

any other Act for opportunity scholarships after school year 2009– 

2010 shall only be available upon enactment of reauthorization 

of that program by Congress and the adoption of legislation by 

the District of Columbia approving such reauthorization. 

Budget. 

Deadlines. 

Reports. 


dkrause on GSDDPC29 with PUBLIC LAWS
123 STAT. 654 PUBLIC LAW 111–8—MAR. 11, 2009 

FEDERAL PAYMENT TO JUMP START PUBLIC SCHOOL REFORM

For a Federal payment to jump start public school reform in the District of Columbia, $20,000,000, of which $3,500,000 is 

to support the recruitment, development and training of principals 

and other school leaders; $7,000,000 is to develop optimal school 

programs and intervene in low performing schools; $7,500,000 is 

for a customized data reporting and accountability system on student performance as well as increased outreach and training for 

parents and community members; and $2,000,000 is to support 

data reporting requirements associated with the District of 

Columbia Public Schools teacher incentive program: Provided, That 

up to $500,000 or 10 percent, whichever is less, of the amounts 

above may be transferred as necessary from one activity to another 

activity: Provided further, That the Committees on Appropriations 

of the House of Representatives and Senate are notified in writing 

15 days in advance of the transfer: Provided further, That any 

amount provided under this heading shall be available only after 

such amount has been apportioned pursuant to chapter 15 of title 

31, United States Code. 

FEDERAL PAYMENT FOR CONSOLIDATED LABORATORY FACILITY

For a Federal payment to the District of Columbia, $21,000,000, 

to remain available until September 30, 2010, for costs associated 

with the construction of a consolidated bioterrorism and forensics 

laboratory: Provided, That the District of Columbia provides a 100 

percent match for this payment. 

FEDERAL PAYMENT FOR CENTRAL LIBRARY AND BRANCH LOCATIONS

For a Federal payment to the District of Columbia, $7,000,000, 

to remain available until expended, for the Federal contribution 

for costs associated with the renovation and rehabilitation of District 

libraries. 

FEDERAL PAYMENT TO THE EXECUTIVE OFFICE OF THE MAYOR OF THE

DISTRICT OF COLUMBIA

For a Federal payment to the Executive Office of the Mayor 

of the District of Columbia to enhance the quality of life for District 

residents, $3,387,500, of which $1,250,000 shall be available as 

matching funds to temporarily continue Federal benefits for lowincome couples who decide to marry, and of which $2,137,500 shall 

be to continue Marriage Development Accounts in the District of 

Columbia: Provided, That no funds shall be expended until the 

Mayor of the District of Columbia submits a detailed expenditure 

plan, including performance measures, to the Committees on Appropriations of the House of Representatives and the Senate: Provided 

further, That the District submit a preliminary progress report 

on activities no later than June 1, 2009, and a final report including 

a detailed description of outcomes achieved no later than February 

1, 2010. 

DISTRICT OF COLUMBIA FUNDS

The following amounts are appropriated for the District of 

Columbia for the current fiscal year out of the General Fund of 

the District of Columbia (‘‘General Fund’’), except as otherwise 

Reports. 

Deadlines. 

Expenditure 

plan. 

Notification. 

Deadline. 


dkrause on GSDDPC29 with PUBLIC LAWS
PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 655 

specifically provided: Provided, That notwithstanding any other 

provision of law, except as provided in section 450A of the District 

of Columbia Home Rule Act, approved November 2, 2000 (114 

Stat. 2440; D.C. Official Code § 1–204.50a), and provisions of this 

Act, the total amount appropriated in this Act for operating 

expenses for the District of Columbia for fiscal year 2009 under 

this heading shall not exceed the lesser of the sum of the total 

revenues of the District of Columbia for such fiscal year or 

$9,888,095,000 (of which $6,082,474,000 shall be from local funds 

(including $420,119,000 from dedicated taxes), $2,177,382,000 shall 

be from Federal grant funds, $1,621,929,000 shall be from other 

funds, and $6,310,000 shall be from private funds); in addition, 

$202,326,130 from funds previously appropriated in this Act as 

Federal payments: Provided further, That of the local funds, such 

amounts as may be necessary may be derived from the District’s 

General Fund balance: Provided further, That of these funds the 

District’s intradistrict authority shall be $725,461,000: in addition, 

for capital construction projects, an increase of $1,482,977,000, of 

which $1,121,734,000 shall be from local funds, $107,794,000 from 

the Local Street Maintenance fund, $60,708,000 from the District 

of Columbia Highway Trust Fund, $192,741,000 from Federal grant 

funds, and a rescission of $353,447,000 from local funds and a 

rescission of $37,500,000 from Local Street Maintenance funds 

appropriated under this heading in prior fiscal years for a net 

amount of $1,092,030,000 to remain available until expended: Provided further, That the amounts provided under this heading are 

to be available, allocated and expended as proposed under ‘‘Title 

III—District of Columbia Funds Division of Expenses’’ of the Fiscal 

Year 2009 Proposed Budget and Financial Plan submitted to the 

Congress by the District of Columbia on June 9, 2008 and such 

title is hereby incorporated by reference as though set forth fully 

herein: Provided further, That this amount may be increased by 

proceeds of one-time transactions which are expended for emergency 

or unanticipated operating or capital needs: Provided further, That 

such increases shall be approved by enactment of local District 

law and shall comply with all reserve requirements contained in 

the District of Columbia Home Rule Act approved December 24, 

1973 (87 Stat. 777; D.C. Official Code § 1–201.01 et seq.), as 

amended by this Act: Provided further, That the Chief Financial 

Officer of the District of Columbia shall take such steps as are 

necessary to assure that the District of Columbia meets these 

requirements, including the apportioning by the Chief Financial 

Officer of the appropriations and funds made available to the District during fiscal year 2009, except that the Chief Financial Officer 

may not reprogram for operating expenses any funds derived from 

bonds, notes, or other obligations issued for capital projects. 

This title may be cited as the ‘‘District of Columbia Appropriations Act, 2009’’. 

Incorporation by 

reference. 


dkrause on GSDDPC29 with PUBLIC LAWS
123 STAT. 656 PUBLIC LAW 111–8—MAR. 11, 2009 

TITLE V 

INDEPENDENT AGENCIES 

ADMINISTRATIVE CONFERENCE OF THE UNITED STATES

SALARIES AND EXPENSES

For necessary expenses of the Administrative Conference of 

the United States, authorized by 5 U.S.C. 591 et seq., $1,500,000, 

of which, not to exceed $1,000 is for official reception and representation expenses. 

CHRISTOPHER COLUMBUS FELLOWSHIP FOUNDATION

SALARIES AND EXPENSES

For payment to the Christopher Columbus Fellowship Foundation, established by section 423 of Public Law 102–281, $1,000,000, 

to remain available until expended. 

COMMODITY FUTURES TRADING COMMISSION

SALARIES AND EXPENSES

For necessary expenses to carry out the provisions of the Commodity Exchange Act (7 U.S.C. 1 et seq.), including the purchase 

and hire of passenger motor vehicles, and the rental of space (to 

include multiple year leases) in the District of Columbia and elsewhere, $146,000,000, including not to exceed $3,000 for official 

reception and representation expenses: Provided, That $34,734,000 

of the total amount appropriated under this heading shall not 

be available for obligation until the Commodity Futures Trading 

Commission submits an expenditure plan for fiscal year 2009 to 

the Committees on Appropriations of the House of Representatives 

and the Senate. 

CONSUMER PRODUCT SAFETY COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Consumer Product Safety 

Commission (CPSC), including hire of passenger motor vehicles, 

services as authorized by 5 U.S.C. 3109, but at rates for individuals 

not to exceed the per diem rate equivalent to the maximum rate 

payable under 5 U.S.C. 5376, purchase of nominal awards to recognize non-Federal officials’ contributions to Commission activities, 

and not to exceed $2,000 for official reception and representation 

expenses, $105,404,000, of which $6,000,000 shall remain available 

for obligation until September 30, 2011 for costs associated with 

the relocation of CPSC’s laboratory to a modern facility and the 

upgrade of laboratory equipment, and of which $2,000,000 shall 

remain available for obligation until September 30, 2010 to implement the Virginia Graeme Baker Pool and Spa Safety Act grant 

program as provided by section 1405 of Public Law 110–140 (15 

U.S.C. 8004). 


dkrause on GSDDPC29 with PUBLIC LAWS
PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 657 

ELECTION ASSISTANCE COMMISSION

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS) 

For necessary expenses to carry out the Help America Vote Act of 2002, $17,959,000, of which $4,000,000 shall be transferred 

to the National Institute of Standards and Technology for election 

reform activities authorized under the Help America Vote Act of 

2002: Provided, That $750,000 shall be for the Help America Vote 

College Program as provided by the Help America Vote Act of 

2002 (Public Law 107–252): Provided further, That $300,000 shall 

be for a competitive grant program to support community involvement in student and parent mock elections. 

ELECTION REFORM PROGRAMS

For necessary expenses relating to election reform programs, 

$106,000,000, to remain available until expended, of which 

$100,000,000 shall be for requirements payments under part 1 

of subtitle D of title II of the Help America Vote Act of 2002 

(Public Law 107–252), $5,000,000 shall be for grants to carry out 

research on voting technology improvements as authorized under 

part 3 of subtitle D of title II of such Act, and $1,000,000, shall 

be to conduct a pilot program for grants to States and units of 

local government for pre-election logic and accuracy testing and 

post-election voting systems verification. 

FEDERAL COMMUNICATIONS COMMISSION

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS) 

For necessary expenses of the Federal Communications 

Commission, as authorized by law, including uniforms and allowances therefor, as authorized by 5 U.S.C. 5901–5902; not to exceed 

$4,000 for official reception and representation expenses; purchase 

and hire of motor vehicles; special counsel fees; and services as 

authorized by 5 U.S.C. 3109, $341,875,000: Provided, That of the 

funds provided, not less than $3,000,000 shall be available to establish and administer a State Broadband Data and Development 

matching grants program for State-level broadband demand 

aggregation activities and creation of geographic inventory maps 

of broadband service to identify gaps in service and provide a 

baseline assessment of statewide broadband deployment: Provided 

further, That $341,875,000 of offsetting collections shall be assessed 

and collected pursuant to section 9 of title I of the Communications 

Act of 1934, shall be retained and used for necessary expenses 

in this appropriation, and shall remain available until expended: 

Provided further, That the sum herein appropriated shall be reduced 

as such offsetting collections are received during fiscal year 2009 

so as to result in a final fiscal year 2009 appropriation estimated 

at $0: Provided further, That any offsetting collections received 

in excess of $341,875,000 in fiscal year 2009 shall not be available 

for obligation: Provided further, That remaining offsetting collections from prior years collected in excess of the amount specified 

for collection in each such year and otherwise becoming available 


dkrause on GSDDPC29 with PUBLIC LAWS
123 STAT. 658 PUBLIC LAW 111–8—MAR. 11, 2009 

on October 1, 2008, shall not be available for obligation: Provided 

further, That notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from 

the use of a competitive bidding system that may be retained 

and made available for obligation shall not exceed $85,000,000 

for fiscal year 2009: Provided further, That, in addition, not to 

exceed $25,480,000 may be transferred from the Universal Service 

Fund in fiscal year 2009 to remain available until expended, to 

monitor the Universal Service Fund program to prevent and remedy 

waste, fraud and abuse, and to conduct audits and investigations 

by the Office of Inspector General. 

ADMINISTRATIVE PROVISIONS—FEDERAL COMMUNICATIONS

COMMISSION

SEC. 501. Section 302 of the Universal Service Antideficiency 

Temporary Suspension Act is amended by striking ‘‘December 31, 

2008’’, each place it appears and inserting ‘‘December 31, 2009’’. 

SEC. 502. None of the funds appropriated by this Act may 

be used by the Federal Communications Commission to modify, 

amend, or change its rules or regulations for universal service 

support payments to implement the February 27, 2004 recommendations of the Federal-State Joint Board on Universal Service 

regarding single connection or primary line restrictions on universal 

service support payments. 

FEDERAL DEPOSIT INSURANCE CORPORATION

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, 

$27,495,000, to be derived from the Deposit Insurance Fund or, 

only when appropriate, the FSLIC Resolution Fund. 

FEDERAL ELECTION COMMISSION

SALARIES AND EXPENSES

For necessary expenses to carry out the provisions of the Federal Election Campaign Act of 1971, $63,618,000, of which not 

to exceed $5,000 shall be available for reception and representation 

expenses. 

FEDERAL LABOR RELATIONS AUTHORITY

SALARIES AND EXPENSES

For necessary expenses to carry out functions of the Federal 

Labor Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978, and the Civil Service Reform Act of 1978, including 

services authorized by 5 U.S.C. 3109, and including hire of experts 

and consultants, hire of passenger motor vehicles, and rental of 

conference rooms in the District of Columbia and elsewhere, 

$22,674,000: Provided, That public members of the Federal Service 

Impasses Panel may be paid travel expenses and per diem in 

lieu of subsistence as authorized by law (5 U.S.C. 5703) for persons 

employed intermittently in the Government service, and compensation as authorized by 5 U.S.C. 3109: Provided further, That notwithstanding 31 U.S.C. 3302, funds received from fees charged to non118 Stat. 3998. 


dkrause on GSDDPC29 with PUBLIC LAWS
PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 659 

Federal participants at labor-management relations conferences 

shall be credited to and merged with this account, to be available 

without further appropriation for the costs of carrying out these 

conferences. 

FEDERAL TRADE COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Federal Trade Commission, 

including uniforms or allowances therefor, as authorized by 5 U.S.C. 

5901–5902; services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; and not to exceed $2,000 for official reception 

and representation expenses, $259,200,000, to remain available 

until expended: Provided, That not to exceed $300,000 shall be 

available for use to contract with a person or persons for collection 

services in accordance with the terms of 31 U.S.C. 3718: Provided 

further, That, notwithstanding any other provision of law, not to 

exceed $168,000,000 of offsetting collections derived from fees collected for premerger notification filings under the Hart-Scott-Rodino 

Antitrust Improvements Act of 1976 (15 U.S.C. 18a), regardless 

of the year of collection, shall be retained and used for necessary 

expenses in this appropriation: Provided further, That, notwithstanding any other provision of law, not to exceed $21,000,000 

in offsetting collections derived from fees sufficient to implement 

and enforce the Telemarketing Sales Rule, promulgated under the 

Telemarketing and Consumer Fraud and Abuse Prevention Act 

(15 U.S.C. 6101 et seq.), shall be credited to this account, and 

be retained and used for necessary expenses in this appropriation: 

Provided further, That the sum herein appropriated from the general fund shall be reduced as such offsetting collections are received 

during fiscal year 2009, so as to result in a final fiscal year 2009 

appropriation from the general fund estimated at not more than 

$70,200,000: Provided further, That none of the funds made available to the Federal Trade Commission may be used to implement 

subsection (e)(2)(B) of section 43 of the Federal Deposit Insurance 

Act (12 U.S.C. 1831t). 

GENERAL SERVICES ADMINISTRATION

REAL PROPERTY ACTIVITIES

FEDERAL BUILDINGS FUND

LIMITATIONS ON AVAILABILITY OF REVENUE

For an additional amount to be deposited in the Federal 

Buildings Fund, $651,198,000. To carry out the purposes of the 

Fund established pursuant to section 592 of title 40, United States 

Code, the revenues and collections deposited into the Fund shall 

be available for necessary expenses of real property management 

and related activities not otherwise provided for, including operation, maintenance, and protection of federally owned and leased 

buildings; rental of buildings in the District of Columbia; restoration 

of leased premises; moving governmental agencies (including space 

adjustments and telecommunications relocation expenses) in connection with the assignment, allocation and transfer of space; contractual services incident to cleaning or servicing buildings, and moving; 


dkrause on GSDDPC29 with PUBLIC LAWS
123 STAT. 660 PUBLIC LAW 111–8—MAR. 11, 2009 

repair and alteration of federally owned buildings including 

grounds, approaches and appurtenances; care and safeguarding of 

sites; maintenance, preservation, demolition, and equipment; 

acquisition of buildings and sites by purchase, condemnation, or 

as otherwise authorized by law; acquisition of options to purchase 

buildings and sites; conversion and extension of federally owned 

buildings; preliminary planning and design of projects by contract 

or otherwise; construction of new buildings (including equipment 

for such buildings); and payment of principal, interest, and any 

other obligations for public buildings acquired by installment purchase and purchase contract; in the aggregate amount of 

$8,427,771,000, of which: (1) $746,317,000 shall remain available 

until expended for construction (including funds for sites and 

expenses and associated design and construction services) of additional projects at the following locations: 

New Construction: 

Alabama: 

Tuscaloosa Federal Building, $25,000,000. 

California: 

San Diego, United States Courthouse Annex, 

$110,362,000. 

San Ysidro, Land Port of Entry, $58,910,000. 

Colorado: 

Lakewood, Denver Federal Center Remediation, 

$10,472,000. 

District of Columbia: 

DHS Consolidation and development of St. Elizabeths Campus, $331,390,000. 

Federal Office Building 8, $15,000,000. 

St. Elizabeths West Campus Infrastructure, 

$8,249,000. 

St. Elizabeths West Campus Site Acquisition, 

$7,000,000. 

Maryland: 

Montgomery County, Food and Drug Administration Consolidation, $163,530,000. 

North Dakota: 

Portal, Land Port of Entry, $15,204,000: 

Provided, That each of the foregoing limits of costs on new construction projects may be exceeded to the extent that savings are affected 

in other such projects, but not to exceed 10 percent of the amounts 

included in an approved prospectus, if required, 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, 2010 and remain 

in the Federal Buildings Fund except for funds for projects as 

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

whole or in part prior to such date: Provided further, That for 

fiscal year 2010 and thereafter, the annual budget submission of 

the General Services Administration shall include a detailed 5- 

year plan for Federal building construction projects with a yearly 

update of total projected future funding needs: Provided further, 

That for fiscal year 2010 and thereafter, the annual budget submission of the General Services Administration shall, in consultation 

with U.S. Customs and Border Protection, include a detailed 5- 

year plan for Federal land port-of-entry projects with a yearly 

update of total projected future funding needs; (2) $692,374,000 

Project plan. 

Project plan. 

40 USC 301 note. 

Expiration date. 


dkrause on GSDDPC29 with PUBLIC LAWS
PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 661 

shall remain available until expended for repairs and alterations, 

which includes associated design and construction services: 

Repairs and Alterations: 

District of Columbia: 

Eisenhower Executive Office Building, CBR, 

$14,700,000. 

Eisenhower Executive Office Building, Phase III, 

$51,075,000. 

West Wing Infrastructure Systems Replacement, 

$76,487,000. 

Illinois: 

Chicago, Dirksen Courthouse, $152,825,000. 

North Carolina: 

New Bern, United States Post Office and Courthouse, $10,640,000. 

Special Emphasis Programs: 

Energy and Water Retrofit and Conservation 

Measures, $36,647,000. 

Basic Repairs and Alterations, $350,000,000: 

Provided further, That funds made available in this or any previous 

Act in the Federal Buildings Fund for Repairs and Alterations 

shall, for prospectus projects, be limited to the amount identified 

for each project, except each project in this or any previous Act 

may be increased by an amount not to exceed 10 percent unless 

advance approval is obtained from the Committees on Appropriations of a greater amount: Provided further, That additional projects 

for which prospectuses have been fully approved may be funded 

under this category only if advance approval is obtained from the 

Committees on Appropriations: Provided further, That the amounts 

provided in this or any prior Act for ‘‘Repairs and Alterations’’ 

may be used to fund costs associated with implementing security 

improvements to buildings necessary to meet the minimum standards for security in accordance with current law and in compliance 

with the reprogramming guidelines of the appropriate Committees 

of the House and Senate: Provided further, That the difference 

between the funds appropriated and expended on any projects in 

this or any prior Act, under the heading ‘‘Repairs and Alterations’’, 

may be transferred to Basic Repairs and Alterations or used to 

fund authorized increases in prospectus projects: Provided further, 

That all funds for repairs and alterations prospectus projects shall 

expire on September 30, 2010 and remain in the Federal Buildings 

Fund except funds for projects as to which funds for design or 

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

date: Provided further, That the amount provided in this or any 

prior Act for Basic Repairs and Alterations may be used to pay 

claims against the Government arising from any projects under 

the heading ‘‘Repairs and Alterations’’ or used to fund authorized 

increases in prospectus projects; (3) $149,570,000 for installment 

acquisition payments including payments on purchase contracts 

which shall remain available until expended; (4) $4,642,156,000 

for rental of space which shall remain available until expended; 

and (5) $2,197,354,000 for building operations which shall remain 

available until expended: Provided further, That funds available 

to the General Services Administration shall not be available for 

expenses of any construction, repair, alteration and acquisition 

project for which a prospectus, if required by the Public Buildings 

Act of 1959, has not been approved, except that necessary funds 

Expiration date. 

Advanced 

approval. 

Advanced 

approval. 


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123 STAT. 662 PUBLIC LAW 111–8—MAR. 11, 2009 

may be expended for each project for required expenses for the 

development of a proposed prospectus: Provided further, That funds 

available in the Federal Buildings Fund may be expended for emergency repairs when advance approval is obtained from the Committees on Appropriations: Provided further, That amounts necessary 

to provide reimbursable special services to other agencies under 

section 210(f)(6) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 592(b)(2)) and amounts to provide 

such reimbursable fencing, lighting, guard booths, and other facilities on private or other property not in Government ownership 

or control as may be appropriate to enable the United States Secret 

Service to perform its protective functions pursuant to 18 U.S.C. 

3056, shall be available from such revenues and collections: Provided further, That revenues and collections and any other sums 

accruing to this Fund during fiscal year 2009, excluding reimbursements under section 210(f)(6) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 592(b)(2)) in excess of the 

aggregate new obligational authority authorized for Real Property 

Activities of the Federal Buildings Fund in this Act shall remain 

in the Fund and shall not be available for expenditure except 

as authorized in appropriations Acts. 

GENERAL ACTIVITIES

GOVERNMENT-WIDE POLICY

For expenses authorized by law, not otherwise provided for, 

for Government-wide policy and evaluation activities associated 

with the management of real and personal property assets and 

certain administrative services; Government-wide policy support 

responsibilities relating to acquisition, telecommunications, 

information technology management, and related technology activities; and services as authorized by 5 U.S.C. 3109; $54,578,000. 

OPERATING EXPENSES

For expenses authorized by law, not otherwise provided for, 

for Government-wide activities associated with utilization and donation of surplus personal property; disposal of real property; agencywide policy direction, management, and communications; Civilian 

Board of Contract Appeals; services as authorized by 5 U.S.C. 

3109; and not to exceed $7,500 for official reception and representation expenses; $70,645,000. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General and 

service authorized by 5 U.S.C. 3109, $54,000,000: Provided, That 

not to exceed $15,000 shall be available for payment for information 

and detection of fraud against the Government, including payment 

for recovery of stolen Government property: Provided further, That 

not to exceed $2,500 shall be available for awards to employees 

of other Federal agencies and private citizens in recognition of 

efforts and initiatives resulting in enhanced Office of Inspector 

General effectiveness. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 663 

ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS

(INCLUDING TRANSFER OF FUNDS) 

For carrying out the provisions of the Act of August 25, 1958 (3 U.S.C. 102 note), and Public Law 95–138, $2,934,000: Provided, That the Administrator of General Services shall transfer to the 

Secretary of the Treasury such sums as may be necessary to carry 

out the provisions of such Acts. 

PRESIDENTIAL TRANSITION EXPENSES

For expenses necessary to carry out the Presidential Transition Act of 1963, $8,520,000, of which not to exceed $1,000,000 is for 

activities authorized by subsections 3(a)(8) and (9) of the Act. 

FEDERAL CITIZEN SERVICES FUND

For necessary expenses of the Office of Citizen Services, 

including services authorized by 5 U.S.C. 3109, $36,096,000, to 

be deposited into the Federal Citizen Services Fund: Provided, 

That the appropriations, revenues, and collections deposited into 

the Fund shall be available for necessary expenses of Federal Citizen Services activities in the aggregate amount not to exceed 

$50,000,000. Appropriations, revenues, and collections accruing to 

this Fund during fiscal year 2009 in excess of such amount shall 

remain in the Fund and shall not be available for expenditure 

except as authorized in appropriations Acts. 

ADMINISTRATIVE PROVISIONS—GENERAL SERVICES ADMINISTRATION

(INCLUDING TRANSFERS OF FUNDS)

SEC. 510. Funds available to the General Services Administration shall be available for the hire of passenger motor vehicles. 

SEC. 511. Funds in the Federal Buildings Fund made available 

for fiscal year 2009 for Federal Buildings Fund activities may 

be transferred between such activities only to the extent necessary 

to meet program requirements: Provided, That any proposed transfers shall be approved in advance by the Committees on Appropriations. 

SEC. 512. Except as otherwise provided in this title, funds 

made available by this Act shall be used to transmit a fiscal year 

2010 request for United States Courthouse construction only if 

the request: (1) meets the design guide standards for construction 

as established and approved by the General Services Administration, the Judicial Conference of the United States, and the Office 

of Management and Budget; (2) reflects the priorities of the Judicial 

Conference of the United States as set out in its approved 5- 

year construction plan; and (3) includes a standardized courtroom 

utilization study of each facility to be constructed, replaced, or 

expanded. 

SEC. 513. None of the funds provided in this Act may be 

used to increase the amount of occupiable square feet, provide 

cleaning services, security enhancements, or any other service usually provided through the Federal Buildings Fund, to any agency 

that does not pay the rate per square foot assessment for space 

and services as determined by the General Services Administration 

Advanced 

approval. 


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123 STAT. 664 PUBLIC LAW 111–8—MAR. 11, 2009 

in compliance with the Public Buildings Amendments Act of 1972 

(Public Law 92–313). 

SEC. 514. From funds made available under the heading ‘‘Federal Buildings Fund, Limitations on Availability of Revenue’’, claims 

against the Government of less than $250,000 arising from direct 

construction projects and acquisition of buildings may be liquidated 

from savings effected in other construction projects with prior 

notification to the Committees on Appropriations. 

SEC. 515. In any case in which the Committee on Transportation and Infrastructure of the House of Representatives and the 

Committee on Environment and Public Works of the Senate adopt 

a resolution granting lease authority pursuant to a prospectus 

transmitted to Congress by the Administrator of General Services 

under section 3307 of title 40, United States Code, the Administrator shall ensure that the delineated area of procurement is 

identical to the delineated area included in the prospectus for 

all lease agreements, except that, if the Administrator determines 

that the delineated area of the procurement should not be identical 

to the delineated area included in the prospectus, the Administrator 

shall provide an explanatory statement to each of such committees 

and the House and Senate Committees on Appropriations prior 

to exercising any lease authority provided in the resolution. 

SEC. 516. Subsections (a) and (b)(1) of section 323 of title 

40, United States Code, are each amended by striking ‘‘Consumer 

Information Center’’ and inserting ‘‘Federal Citizen Services’’; and 

subsection (a) is further amended by striking ‘‘consumer’’. 

SEC. 517. In furtherance of the emergency management policy 

set forth in the Robert T. Stafford Disaster Relief and Emergency 

Assistance Act, the Administrator of the General Services Administration may provide for the use of the Federal supply schedules 

of the General Services Administration by relief and disaster assistance organizations as described in section 309 of that Act. Purchases 

under this authority shall be limited to use in preparation for, 

response to, and recovery from hazards as defined in section 602 

of that Act. 

SEC. 518. WORKING CAPITAL FUND. (a) PURPOSE AND OPERATION

OF WORKING CAPITAL FUND.—Subsections (a), (b) and (c) of section 

3173 of title 40, United States Code, are amended to read as 

follows: 

‘‘(a) ESTABLISHMENT AND PURPOSE.—There is a working capital 

fund for the necessary expenses of administrative support services 

including accounting, budget, personnel, legal support and other 

related services; and the maintenance and operation of printing 

and reproduction facilities in support of the functions of the General 

Services Administration, other Federal agencies, and other entities; 

and other such administrative and management services that the 

Administrator of GSA deems appropriate and advantageous (subject 

to prior notice to the Office of Management and Budget). 

‘‘(b) COMPOSITION.— 

‘‘(1) IN GENERAL.—Amounts received shall be credited to 

and merged with the Fund, to remain available until expended, 

for operating costs and capital outlays of the Fund: Provided, 

That entities for which such services are performed shall be 

charged at rates which will return in full all costs of providing 

such services. 

‘‘(2) COST AND CAPITAL REQUIREMENTS.—The Administrator 

shall determine the cost and capital requirements of the Fund 

Contracts. 

Explanatory 

statement. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 665 

for each fiscal year and shall develop a plan concerning such 

requirements in consultation with the Chief Financial Officer 

of the General Services Administration. Any change to the 

cost and capital requirements of the Fund for a fiscal year 

shall be approved by the Administrator. The Administrator 

shall establish rates to be charged to entities for which services 

are performed, in accordance with the plan. 

‘‘(c) DEPOSIT OF EXCESS AMOUNTS IN THE TREASURY.—At the 

close of each fiscal year, after making provision for anticipated 

operating needs reflected in the cost and capital plan developed 

under subsection (b), the uncommitted balance of any funds 

remaining in the Fund shall be transferred to the general fund 

of the Treasury as miscellaneous receipts.’’. 

(b) TRANSFER AND USE OF AMOUNTS FOR MAJOR EQUIPMENT

ACQUISITIONS.—Section 3173 of title 40, United States Code, is 

amended to add subsection (d), as follows: 

‘‘(d) TRANSFER AND USE OF AMOUNTS FOR MAJOR EQUIPMENT

ACQUISITIONS.— 

‘‘(1) IN GENERAL.—Subject to subparagraph (2), unobligated 

balances of amounts appropriated or otherwise made available 

to the General Services Administration for operating expenses 

and salaries and expenses may be transferred and merged 

into the ‘Major equipment acquisitions and development 

activity’ of the working capital fund of the General Services 

Administration for agency-wide acquisition of capital equipment, automated data processing systems and financial 

management and management information systems: Provided, 

That acquisitions are limited to those needed to implement 

the Chief Financial Officers Act of 1990 (Public Law 101– 

576, 104 Stat. 2838) and related laws or regulations. 

‘‘(2) REQUIREMENTS AND AVAILABILITY.— 

‘‘(A) TIME FOR TRANSFER.—Transfer of an amount 

under this section must be done no later than the end 

of the fifth fiscal year after the fiscal year for which the 

amount is appropriated or otherwise made available. 

‘‘(B) APPROVAL FOR USE.—An amount transferred under 

this section may be used only with the advance approval 

of the Committees on Appropriations of the House of Representatives and the Senate. 

‘‘(C) AVAILABILITY.—An amount transferred under this 

section remains available until expended.’’ 

(c) CONFORMING AND CLERICAL AMENDMENTS.— 

(1) Section 312 of such title is repealed. 

(2) The heading for section 3173 of such title is amended 

to read as follows: 

‘‘§ 3173. Working capital fund for General Services Administration’’. 

HARRY S TRUMAN SCHOLARSHIP FOUNDATION

SALARIES AND EXPENSES

For payment to the Harry S Truman Scholarship Foundation 

Trust Fund, established by section 10 of Public Law 93–642, 

$500,000, to remain available until expended: Provided, That hereafter, all requests of the Board of Trustees to the Secretary of 

the Treasury provided for in this section shall be binding on the 

20 USC 2009b. 


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123 STAT. 666 PUBLIC LAW 111–8—MAR. 11, 2009 

Secretary, including requests for the issuance at par of special 

obligations exclusively to the fund as provided for in section 10(b), 

which the Secretary shall implement without regard to the determination related to the public interest required by the last sentence 

of that section. 

MERIT SYSTEMS PROTECTION BOARD

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out functions of the Merit 

Systems Protection Board pursuant to Reorganization Plan Numbered 2 of 1978, the Civil Service Reform Act of 1978, and the 

Whistleblower Protection Act of 1989 (5 U.S.C. 5509 note), including 

services as authorized by 5 U.S.C. 3109, rental of conference rooms 

in the District of Columbia and elsewhere, hire of passenger motor 

vehicles, direct procurement of survey printing, and not to exceed 

$2,000 for official reception and representation expenses, 

$38,811,000 together with not to exceed $2,579,000 for administrative expenses to adjudicate retirement appeals to be transferred 

from the Civil Service Retirement and Disability Fund in amounts 

determined by the Merit Systems Protection Board. 

MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL

ENVIRONMENTAL POLICY FOUNDATION

MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL

ENVIRONMENTAL POLICY TRUST FUND

(INCLUDING TRANSFER OF FUNDS)

For payment to the Morris K. Udall Scholarship and Excellence 

in National Environmental Policy Trust Fund, pursuant to the 

Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992 (20 U.S.C. 

5601 et seq.), $3,750,000, to remain available until expended, of 

which up to $50,000 shall be used to conduct financial audits 

pursuant to the Accountability of Tax Dollars Act of 2002 (Public 

Law 107–289) notwithstanding sections 8 and 9 of Public Law 

102–259: Provided, That up to 60 percent of such funds may be 

transferred by the Morris K. Udall Scholarship and Excellence 

in National Environmental Policy Foundation for the necessary 

expenses of the Native Nations Institute. 

ENVIRONMENTAL DISPUTE RESOLUTION FUND

For payment to the Environmental Dispute Resolution Fund 

to carry out activities authorized in the Environmental Policy and 

Conflict Resolution Act of 1998, $2,100,000, to remain available 

until expended. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 667 

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

OPERATING EXPENSES

For necessary expenses in connection with the administration 

of the National Archives and Records Administration (including 

the Information Security Oversight Office) and archived Federal 

records and related activities, as provided by law, and for expenses 

necessary for the review and declassification of documents and 

the activities of the Public Interest Declassification Board, and 

for the hire of passenger motor vehicles, and for uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901 et seq.), 

including maintenance, repairs, and cleaning, $330,308,000, of 

which $650,000 shall remain available until September 30, 2010. 

ELECTRONIC RECORDS ARCHIVES

For necessary expenses in connection with the development 

of the electronic records archives, to include all direct project costs 

associated with research, analysis, design, development, and program management, $67,008,000, of which $45,795,000 shall remain 

available until September 30, 2011: Provided, That none of the 

multi-year funds may be obligated until the National Archives 

and Records Administration submits to the Committees on Appropriations, 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, 

including Circular A–11; (2) complies with the National Archives 

and Records Administration’s enterprise architecture; (3) conforms 

with the National Archives and Records Administration’s enterprise 

life cycle methodology; (4) is approved by the National Archives 

and Records Administration and the Office of Management and 

Budget; (5) has been reviewed by the Government Accountability 

Office; and (6) complies with the acquisition rules, requirements, 

guidelines, and systems acquisition management practices of the 

Federal Government. 

REPAIRS AND RESTORATION

For the repair, alteration, and improvement of archives facilities, and to provide adequate storage for holdings, $50,711,000, 

to remain available until expended: Provided, That the Archivist 

is authorized to construct an addition to the John F. Kennedy 

Presidential Library and Museum; and of the funds provided, 

$22,000,000 shall be available for construction costs and related 

services for building the addition to the John F. Kennedy Presidential Library and Museum and other necessary expenses, 

including renovating the Library as needed in constructing the 

addition; $17,500,000 is for necessary expenses related to the repair 

and renovation of the Franklin D. Roosevelt Presidential Library 

and Museum in Hyde Park, New York; and $2,000,000 is for the 

repair and restoration of the plaza that surrounds the Lyndon 

Baines Johnson Presidential Library and Museum that is under 

the joint control and custody of the University of Texas: Provided 

further, That such funds shall remain available until expended 

for this purpose and may be transferred directly to the University 

and used, together with University funds, for the repair and restoration of the plaza: Provided further, That such funds shall be spent 

Expenditure 

plan. 


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123 STAT. 668 PUBLIC LAW 111–8—MAR. 11, 2009 

in accordance with the construction plan submitted to the Committees on Appropriations on March 14, 2005: Provided further, That 

the Archivist shall be prohibited from entering into any agreement 

with the University or any other party that requires additional 

funding commitments on behalf of the Federal Government for 

this project: Provided further, That hereafter, no further Federal 

funding shall be provided for this plaza project. 

NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION

GRANTS PROGRAM

(INCLUDING TRANSFER OF FUNDS) 

For necessary expenses for allocations and grants for historical 

publications and records as authorized by 44 U.S.C. 2504, 

$11,250,000, to remain available until expended: Provided, That 

of the funds provided in this paragraph, $2,000,000 shall be transferred to the operating expenses account of the National Archives 

and Records Administration for operating expenses of the National 

Historical Publications and Records Commission. 

ADMINISTRATIVE PROVISION—NATIONAL ARCHIVES AND RECORDS

ADMINISTRATION

Hereafter, the National Archives and Records Administration 

shall include in its annual budget submission a comprehensive 

capital needs assessment for funding provided under the ‘‘Repairs 

and Restoration’’ appropriations account to be updated yearly: Provided, That funds proposed under the ‘‘Repairs and Restoration’’ 

appropriations account for each fiscal year shall be allocated to 

projects on a priority basis established under a comprehensive 

capital needs assessment. 

NATIONAL CREDIT UNION ADMINISTRATION

CENTRAL LIQUIDITY FACILITY

During fiscal year 2009, gross obligations of the Central 

Liquidity Facility for the principal amount of new direct loans 

to member credit unions, as authorized by 12 U.S.C. 1795 et seq., 

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)): Provided, That administrative expenses of the Central Liquidity Facility in fiscal year 

2009 shall not exceed $1,250,000. 

COMMUNITY DEVELOPMENT REVOLVING LOAN FUND

For the Community Development Revolving Loan Fund pro- gram as authorized by 42 U.S.C. 9812, 9822 and 9910, $1,000,000 

shall be available until September 30, 2010 for technical assistance 

to low-income designated credit unions. 

OFFICE OF GOVERNMENT ETHICS

SALARIES AND EXPENSES

For necessary expenses to carry out functions of the Office 

of Government Ethics pursuant to the Ethics in Government Act 

of 1978, and the Ethics Reform Act of 1989, including services 

Funding 

assessment. 

44 USC 2102 

note. 

Contracts. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 669 

as authorized by 5 U.S.C. 3109, rental of conference rooms in 

the District of Columbia and elsewhere, hire of passenger motor 

vehicles, and not to exceed $1,500 for official reception and representation expenses, $13,000,000. 

OFFICE OF PERSONNEL MANAGEMENT

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF TRUST FUNDS) 

For necessary expenses to carry out functions of the Office 

of Personnel Management pursuant to Reorganization Plan Numbered 2 of 1978 and the Civil Service Reform Act of 1978, including 

services as authorized by 5 U.S.C. 3109; medical examinations 

performed for veterans by private physicians on a fee basis; rental 

of conference rooms in the District of Columbia and elsewhere; 

hire of passenger motor vehicles; not to exceed $2,500 for official 

reception and representation expenses; advances for reimbursements to applicable funds of the Office of Personnel Management 

and the Federal Bureau of Investigation for expenses incurred 

under Executive Order No. 10422 of January 9, 1953, as amended; 

and payment of per diem and/or subsistence allowances to 

employees where Voting Rights Act activities require an employee 

to remain overnight at his or her post of duty, $92,829,000, of 

which $5,851,000 shall remain available until expended for the 

Enterprise Human Resources Integration project; $1,351,000 shall 

remain available until expended for the Human Resources Line 

of Business project; and in addition $118,082,000 for administrative 

expenses, to be transferred from the appropriate trust funds of 

the Office of Personnel Management without regard to other statutes, including direct procurement of printed materials, for the 

retirement and insurance programs, of which $15,200,000 shall 

remain available until expended for the cost of automating the 

retirement recordkeeping systems: Provided, That the provisions 

of this appropriation shall not affect the authority to use applicable 

trust funds as provided by sections 8348(a)(1)(B), and 9004(f)(2)(A) 

of title 5, United States Code: Provided further, That no part 

of this appropriation shall be available for salaries and expenses 

of the Legal Examining Unit of the Office of Personnel Management 

established pursuant to Executive Order No. 9358 of July 1, 1943, 

or any successor unit of like purpose: Provided further, That the 

President’s Commission on White House Fellows, established by 

Executive Order No. 11183 of October 3, 1964, may, during fiscal 

year 2009, accept donations of money, property, and personal services: Provided further, That such donations, including those from 

prior years, may be used for the development of publicity materials 

to provide information about the White House Fellows, except that 

no such donations shall be accepted for travel or reimbursement 

of travel expenses, or for the salaries of employees of such Commission: Provided further, That within the funds provided, the Office 

of Personnel Management shall carry out the Intergovernmental 

Personnel Act Mobility Program, with special attention to Federal 

agencies employing more than 2,000 nurses: Provided further, That 

funding may be allocated to develop guidelines that provide Federal 

agencies direction in using their authority under the Intergovernmental Personnel Act Mobility Program, according to the directives 

outlined in the accompanying report. 


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123 STAT. 670 PUBLIC LAW 111–8—MAR. 11, 2009 

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF TRUST FUNDS) 

For necessary expenses of the Office of Inspector General in 

carrying out the provisions of the Inspector General Act of 1978, 

including services as authorized by 5 U.S.C. 3109, hire of passenger 

motor vehicles, $1,828,000, and in addition, not to exceed 

$18,755,000 for administrative expenses to audit, investigate, and 

provide other oversight of the Office of Personnel Management’s 

retirement and insurance programs, to be transferred from the 

appropriate trust funds of the Office of Personnel Management, 

as determined by the Inspector General: Provided, That the 

Inspector General is authorized to rent conference rooms in the 

District of Columbia and elsewhere. 

GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES HEALTH

BENEFITS

For payment of Government contributions with respect to 

retired employees, as authorized by chapter 89 of title 5, United 

States Code, and the Retired Federal Employees Health Benefits 

Act (74 Stat. 849), such sums as may be necessary. 

GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE LIFE

INSURANCE

For payment of Government contributions with respect to 

employees retiring after December 31, 1989, as required by chapter 

87 of title 5, United States Code, such sums as may be necessary. 

PAYMENT TO CIVIL SERVICE RETIREMENT AND DISABILITY FUND

For financing the unfunded liability of new and increased 

annuity benefits becoming effective on or after October 20, 1969, 

as authorized by 5 U.S.C. 8348, and annuities under special Acts 

to be credited to the Civil Service Retirement and Disability Fund, 

such sums as may be necessary: Provided, That annuities authorized by the Act of May 29, 1944, and the Act of August 19, 1950 

(33 U.S.C. 771–775), may hereafter be paid out of the Civil Service 

Retirement and Disability Fund. 

OFFICE OF SPECIAL COUNSEL

SALARIES AND EXPENSES

For necessary expenses to carry out functions of the Office 

of Special Counsel pursuant to Reorganization Plan Numbered 2 

of 1978, the Civil Service Reform Act of 1978 (Public Law 95– 

454), the Whistleblower Protection Act of 1989 (Public Law 101– 

12), Public Law 107–304, and the Uniformed Services Employment 

and Reemployment Rights Act of 1994 (Public Law 103–353), 

including services as authorized by 5 U.S.C. 3109, payment of 

fees and expenses for witnesses, rental of conference rooms in 

the District of Columbia and elsewhere, and hire of passenger 

motor vehicles; $17,468,000. 

33 USC 776 note. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 671 

POSTAL REGULATORY COMMISSION

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS) 

For necessary expenses of the Postal Regulatory Commission 

in carrying out the provisions of the Postal Accountability and 

Enhancement Act (Public Law 109–435), $14,043,000, to be derived 

by transfer from the Postal Service Fund and expended as authorized by section 603(a) of such Act. 

PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD

SALARIES AND EXPENSES

For necessary expenses of the Privacy and Civil Liberties Oversight Board, as authorized by section 1061 of the Intelligence 

Reform and Terrorism Prevention Act of 2004 (5 U.S.C. 601 note), 

$1,500,000, to remain available until September 30, 2010. 

SECURITIES AND EXCHANGE COMMISSION

SALARIES AND EXPENSES

For necessary expenses for the Securities and Exchange 

Commission, including services as authorized by 5 U.S.C. 3109, 

the rental of space (to include multiple year leases) in the District 

of Columbia and elsewhere, and not to exceed $3,500 for official 

reception and representation expenses, $943,000,000, to remain 

available until expended; of which not to exceed $20,000 may be 

used toward funding a permanent secretariat for the International 

Organization of Securities Commissions; and of which not to exceed 

$130,000 shall be available for expenses for consultations and 

meetings hosted by the Commission with foreign governmental 

and other regulatory officials, members of their delegations, appropriate representatives and staff to exchange views concerning 

developments relating to securities matters, development and 

implementation of cooperation agreements concerning securities 

matters and provision of technical assistance for the development 

of foreign securities markets, such expenses to include necessary 

logistic and administrative expenses and the expenses of Commission staff and foreign invitees in attendance at such consultations 

and meetings including: (1) such incidental expenses as meals taken 

in the course of such attendance; (2) any travel and transportation 

to or from such meetings; and (3) any other related lodging or 

subsistence: Provided, That fees and charges authorized by sections 

6(b) of the Securities Exchange Act of 1933 (15 U.S.C. 77f(b)), 

and 13(e), 14(g) and 31 of the Securities Exchange Act of 1934 

(15 U.S.C. 78m(e), 78n(g), and 78ee), shall be credited to this 

account as offsetting collections: Provided further, That not to exceed 

$894,356,000 of such offsetting collections shall be available until 

expended for necessary expenses of this account: Provided further, 

That $48,644,000 shall be derived from prior year unobligated balances from funds previously appropriated to the Securities and 

Exchange Commission: Provided further, That the total amount 

appropriated under this heading from the general fund for fiscal 

year 2009 shall be reduced as such offsetting fees are received 


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123 STAT. 672 PUBLIC LAW 111–8—MAR. 11, 2009 

so as to result in a final total fiscal year 2009 appropriation from 

the general fund estimated at not more than $0. 

SELECTIVE SERVICE SYSTEM

SALARIES AND EXPENSES

For necessary expenses of the Selective Service System, 

including expenses of attendance at meetings and of training for 

uniformed personnel assigned to the Selective Service System, as 

authorized by 5 U.S.C. 4101–4118 for civilian employees; purchase 

of uniforms, or allowances therefor, as authorized by 5 U.S.C. 

5901–5902; hire of passenger motor vehicles; services as authorized 

by 5 U.S.C. 3109; and not to exceed $750 for official reception 

and representation expenses; $22,000,000: Provided, That during 

the current fiscal year, the President may exempt this appropriation 

from the provisions of 31 U.S.C. 1341, whenever the President 

deems such action to be necessary in the interest of national 

defense: Provided further, That none of the funds appropriated 

by this Act may be expended for or in connection with the induction 

of any person into the Armed Forces of the United States. 

SMALL BUSINESS ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses, not otherwise provided for, of the Small 

Business Administration as authorized by Public Law 108–447, 

including hire of passenger motor vehicles as authorized by 31 

U.S.C. 1343 and 1344, and not to exceed $3,500 for official reception 

and representation expenses, $386,896,000: Provided, That the 

Administrator is authorized to charge fees to cover the cost of 

publications developed by the Small Business Administration, and 

certain loan program activities, including fees authorized by section 

5(b) of the Small Business Act: Provided further, That, notwithstanding 31 U.S.C. 3302, revenues received from all such activities 

shall be credited to this account, to remain available until expended, 

for carrying out these purposes without further appropriations: 

Provided further, That $110,000,000 shall be available to fund 

grants for performance in fiscal year 2009 or fiscal year 2010 

as authorized, of which $1,000,000 shall be for the Veterans Assistance and Services Program authorized by section 21(n) of the Small 

Business Act, as added by section 107 of Public Law 110–186, 

and of which $1,000,000 shall be for the Small Business Energy 

Efficiency Program authorized by section 1203(c) of Public Law 

110–140: Provided further, That $7,654,400 shall be available for 

the Loan Modernization and Accounting System, to be available 

until September 30, 2010. 

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, 

$16,750,000. 

Military 

induction. 

President. 

Exemption 

authority. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 673 

SURETY BOND GUARANTEES REVOLVING FUND

For additional capital for the Surety Bond Guarantees 

Revolving Fund, authorized by the Small Business Investment Act 

of 1958, $2,000,000, to remain available until expended. 

BUSINESS LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS) 

For the cost of direct loans, $2,500,000, 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: Provided further, That subject 

to section 502 of the Congressional Budget Act of 1974, during 

fiscal year 2009 commitments to guarantee loans under section 

503 of the Small Business Investment Act of 1958 shall not exceed 

$7,500,000,000: Provided further, That during fiscal year 2009 

commitments for general business loans authorized under section 

7(a) of the Small Business Act shall not exceed $17,500,000,000: 

Provided further, That during fiscal year 2009 commitments to 

guarantee loans for debentures under section 303(b) of the Small 

Business Investment Act of 1958, shall not exceed $3,000,000,000: 

Provided further, That during fiscal year 2009, guarantees of trust 

certificates authorized by section 5(g) of the Small Business Act 

shall not exceed a principal amount of $12,000,000,000. In addition, 

for administrative expenses to carry out the direct and guaranteed 

loan programs, $138,480,000, which may be transferred to and 

merged with the appropriations for Salaries and Expenses. 

ADMINISTRATIVE PROVISIONS—SMALL BUSINESS ADMINISTRATION

(INCLUDING TRANSFER OF FUNDS) 

SEC. 520. Not to exceed 5 percent of any appropriation made 

available for the current fiscal year for the Small Business Administration in this Act may be transferred between such appropriations, 

but no such appropriation shall be increased by more than 10 

percent by any such transfers: Provided, That any transfer pursuant 

to this paragraph shall be treated as a reprogramming of funds 

under section 608 of this Act and shall not be available for obligation 

or expenditure except in compliance with the procedures set forth 

in that section. 

SEC. 521. All disaster loans issued in Alaska or North Dakota 

shall be administered by the Small Business Administration and 

shall not be sold during fiscal year 2009. 

SEC. 522. None of the funds made available under this Act 

may be used by the Small Business Administration to implement 

the rule relating to women-owned small business Federal contract 

assistance procedures published in the Federal Register on October 

1, 2008 (73 Fed. Reg. 56940 et seq.). 

SEC. 523. Of the amount made available under the heading 

‘‘State and Tribal Assistance Grants’’ under title II of division 

F of the Consolidated Appropriations Act, 2008 (Public Law 110– 

161; 121 Stat. 2125) for the Mingo County Redevelopment 

Authority, $2,953,000 is transferred to the ‘‘Salaries and Expenses’’ 

account of the Small Business Administration. The amount transferred under this section shall be for the Mingo County Redevelopment Authority and shall be available for use under the terms 

Disaster 

assistance. 

Alaska. 

North Dakota. 


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123 STAT. 674 PUBLIC LAW 111–8—MAR. 11, 2009 

and conditions otherwise applicable to amounts appropriated for 

the ‘‘Salaries and Expenses’’ account of the Small Business Administration and shall remain available until expended. 

SEC. 524. Funds made available under section 534 of Public 

Law 110–161 (121 Stat. 2125) for the Alabama Small Business 

Institute of Commerce, Small Business Incubator, Rainbow City, 

Alabama shall be made available to Alabama Small Business 

Institute of Commerce, Rainbow City, Alabama. 

SEC. 525. For an additional amount under the heading ‘‘Small Business Administration, Salaries and Expenses’’, $65,653,678, to 

remain available until September 30, 2010, shall be for initiatives 

related to small business development and entrepreneurship, 

including programmatic and construction activities, and in the 

amounts specified in the table that appears under the heading 

‘‘Administrative Provisions–Small Business Administration’’ in the 

explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act). 

UNITED STATES POSTAL SERVICE

PAYMENT TO THE POSTAL SERVICE FUND

For payment to the Postal Service Fund for revenue forgone 

on free and reduced rate mail, pursuant to subsections (c) and 

(d) of section 2401 of title 39, United States Code, $111,831,000, 

of which $82,831,000 shall not be available for obligation until 

October 1, 2009: Provided, That mail for overseas voting and mail 

for the blind shall continue to be free: Provided further, That 

6-day delivery and rural delivery of mail shall continue at not 

less than the 1983 level: Provided further, That none of the funds 

made available to the Postal Service by this Act shall be used 

to implement any rule, regulation, or policy of charging any officer 

or employee of any State or local child support enforcement agency, 

or any individual participating in a State or local program of child 

support enforcement, a fee for information requested or provided 

concerning an address of a postal customer: Provided further, That 

none of the funds provided in this Act shall be used to consolidate 

or close small rural and other small post offices in fiscal year 

2009. 

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS) 

For necessary expenses of the Office of Inspector General in 

carrying out the provisions of the Inspector General Act of 1978, 

$239,356,000, to be derived by transfer from the Postal Service 

Fund and expended as authorized by section 603(b)(3) of the Postal 

Accountability and Enhancement Act (Public Law 109–435). 

UNITED STATES TAX COURT

SALARIES AND EXPENSES

For necessary expenses, including contract reporting and other 

services as authorized by 5 U.S.C. 3109, $48,463,000: Provided, 

Overseas voting. 

Blind persons. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 675 

That travel expenses of the judges shall be paid upon the written 

certificate of the judge. 

TITLE VI 

GENERAL PROVISIONS—THIS ACT 

SEC. 601. None of the funds in this Act shall be used for 

the planning or execution of any program to pay the expenses 

of, or otherwise compensate, non-Federal parties intervening in 

regulatory or adjudicatory proceedings funded in this Act. 

SEC. 602. None of the funds appropriated in this Act shall 

remain available for obligation beyond the current fiscal year, nor 

may any be transferred to other appropriations, unless expressly 

so provided herein. 

SEC. 603. The expenditure of any appropriation under this 

Act for any consulting service through procurement contract pursuant to section 3109 of title 5, United States Code, shall be limited 

to those contracts where such expenditures are a matter of public 

record and available for public inspection, except where otherwise 

provided under existing law, or under existing Executive order 

issued pursuant to existing law. 

SEC. 604. 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 Act or any other appropriations Act. 

SEC. 605. None of the funds made available by this Act shall 

be available for any activity or for paying the salary of any Government employee where funding an activity or paying a salary to 

a Government employee would result in a decision, determination, 

rule, regulation, or policy that would prohibit the enforcement of 

section 307 of the Tariff Act of 1930 (19 U.S.C. 1307). 

SEC. 606. No funds appropriated pursuant to this Act may 

be expended by an entity unless the entity agrees that in expending 

the assistance the entity will comply with the Buy American Act 

(41 U.S.C. 10a–10c). 

SEC. 607. No funds appropriated or otherwise made available 

under this Act shall be made available to any person or entity 

that has been convicted of violating the Buy American Act (41 

U.S.C. 10a–10c). 

SEC. 608. Except as otherwise provided in this Act, none of 

the funds provided in this Act, provided by previous appropriations 

Acts to the agencies or entities funded in this Act that remain 

available for obligation or expenditure in fiscal year 2009, or provided from any accounts in the Treasury derived by the collection 

of fees and 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; (2) eliminates a program, 

project, or activity; (3) increases funds or personnel 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 the House or Senate Committees on Appropriations for a different purpose; (5) augments existing programs, 

projects, or activities in excess of $5,000,000 or 10 percent, whichever is less; (6) reduces existing programs, projects, or activities 

by $5,000,000 or 10 percent, whichever is less; or (7) creates or 

Contracts. 


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123 STAT. 676 PUBLIC LAW 111–8—MAR. 11, 2009 

reorganizes offices, programs, or activities unless prior approval 

is received from the Committees on Appropriations of the House 

of Representatives and the Senate: Provided, That prior to any 

significant reorganization or restructuring of offices, programs, or 

activities, each agency or entity funded in this Act shall consult 

with the Committees on Appropriations of the House of Representatives and the Senate: Provided further, That not later than 60 

days after the date of enactment of this Act, each agency funded 

by this Act shall submit a report to the Committees on Appropriations of the House of Representatives and the Senate to establish 

the baseline for application of reprogramming and transfer authorities for the current fiscal year: Provided further, 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 object class and program, project, 

and activity as detailed in the budget appendix for the respective 

appropriation; and (3) an identification of items of special congressional interest: Provided further, That the amount appropriated 

or limited for salaries and expenses for an agency shall be reduced 

by $100,000 per day for each day after the required date that 

the report has not been submitted to the Congress. 

SEC. 609. 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 made available 

for salaries and expenses for fiscal year 2009 in this Act, shall 

remain available through September 30, 2010, for each such account 

for the purposes authorized: Provided, That a request shall be 

submitted to the Committees on Appropriations of the House of 

Representatives and the Senate for approval prior to the expenditure of such funds: Provided further, That these requests shall 

be made in compliance with reprogramming guidelines. 

SEC. 610. None of the funds made available in this Act may 

be used by the Executive Office of the President to request from 

the Federal Bureau of Investigation any official background investigation report on any individual, except when— 

(1) such individual has given his or her express written 

consent for such request not more than 6 months prior to 

the date of such request and during the same presidential 

administration; or 

(2) such request is required due to extraordinary circumstances involving national security. 

SEC. 611. The cost accounting standards promulgated under 

section 26 of the Office of Federal Procurement Policy Act (Public 

Law 93–400; 41 U.S.C. 422) shall not apply with respect to a 

contract under the Federal Employees Health Benefits Program 

established under chapter 89 of title 5, United States Code. 

SEC. 612. For the purpose of resolving litigation and implementing any settlement agreements regarding the nonforeign area 

cost-of-living allowance program, the Office of Personnel Management may accept and utilize (without regard to any restriction 

on unanticipated travel expenses imposed in an Appropriations 

Act) funds made available to the Office of Personnel Management 

pursuant to court approval. 

SEC. 613. No funds appropriated by this Act shall be available 

to pay for an abortion, or the administrative expenses in connection 

Abortion. 

Expenditure 

request. 

Fines. 

Reports. 

Deadline. 

Reports. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 677 

with any health plan under the Federal employees health benefits 

program which provides any benefits or coverage for abortions. 

SEC. 614. The provision of section 613 shall not apply where 

the life of the mother would be endangered if the fetus were carried 

to term, or the pregnancy is the result of an act of rape or incest. 

SEC. 615. In order to promote Government access to commercial 

information technology, the restriction on purchasing nondomestic 

articles, materials, and supplies set forth in the Buy American 

Act (41 U.S.C. 10a et seq.), shall not apply to the acquisition 

by the Federal Government of information technology (as defined 

in section 11101 of title 40, United States Code), that is a commercial item (as defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)). 

SEC. 616. Section 5112 of title 31, United States Code (as 

amended by Public Law 110–161), is amended— 

(1) by redesignating the second subsection (r) as subsection 

(s), and 

(2) by striking ‘‘paragraph (4)’’ each place it appears in 

subsection (s)(5) (as redesignated by paragraph (1)) and 

inserting ‘‘paragraph (3)’’. 

SEC. 617. Notwithstanding section 1353 of title 31, United 

States Code, no officer or employee of any regulatory agency or 

commission funded by this Act may accept on behalf of that agency, 

nor may such agency or commission accept, payment or reimbursement from a non-Federal entity for travel, subsistence, or related 

expenses for the purpose of enabling an officer or employee to 

attend and participate in any meeting or similar function relating 

to the official duties of the officer or employee when the entity 

offering payment or reimbursement is a person or entity subject 

to regulation by such agency or commission, or represents a person 

or entity subject to regulation by such agency or commission, unless 

the person or entity is an organization described in section 501(c)(3) 

of the Internal Revenue Code of 1986 and exempt from tax under 

section 501(a) of such Code. 

SEC. 618. LIFE INSURANCE FOR TAX COURT JUDGES AGE 65 

OR OVER. (a) IN GENERAL.—Section 7472 of title 26, United States 

Code, is amended by inserting after the word ‘‘imposed’’ where 

it appears in the second sentence the following phrase ‘‘after April 

24, 1999, that is incurred’’. 

(b) EFFECTIVE DATE.—This amendment shall take effect as 

if included in the amendment made by section 852 of the Pension 

Protection Act of 2006. 

SEC. 619. The Public Company Accounting Oversight Board 

shall have authority to obligate funds for the scholarship program 

established by section 109(c)(2) of the Sarbanes-Oxley Act of 2002 

(Public Law 107–204) in an aggregate amount not exceeding the 

amount of funds collected by the Board as of December 31, 2008, 

including accrued interest, as a result of the assessment of monetary 

penalties. Funds available for obligation in fiscal year 2009 shall 

remain available until expended. 

SEC. 620. Section 910(a) of the Trade Sanctions Reform and 

Export Enhancement Act of 2000 (22 U.S.C. 7209(a)) is amended 

to read as follows: 

‘‘(a) AUTHORIZATION OF TRAVEL RELATING TO COMMERCIAL

SALES OF AGRICULTURAL AND MEDICAL GOODS.—The Secretary of 

the Treasury shall promulgate regulations under which the travelrelated transactions listed in paragraph (c) of section 515.560 of 

Regulations. 

Cuba. 

26 USC 7472 

note. 

Abortion. 


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123 STAT. 678 PUBLIC LAW 111–8—MAR. 11, 2009 

title 31, Code of Federal Regulations, are authorized by general 

license for travel to, from, or within Cuba for the marketing and 

sale of agricultural and medical goods pursuant to the provisions 

of this title.’’. 

SEC. 621. None of the funds made available in this Act may 

be used to administer, implement, or enforce the amendments made 

to section 515.560 and section 515.561 of title 31, Code of Federal 

Regulations, related to travel to visit relatives in Cuba, that were 

published in the Federal Register on June 16, 2004. 

SEC. 622. None of the funds made available in this Act may 

be used to administer, implement, or enforce the amendment made 

to section 515.533 of title 31, Code of Federal Regulations, that 

was published in the Federal Register on February 25, 2005. 

SEC. 623. CHRISTOPHER COLUMBUS FELLOWSHIP AUTHORIZA- TION. The Christopher Columbus Fellowship Act (20 U.S.C. 5701 

et seq.) is amended— 

(1) in section 426(a) (20 U.S.C. 5705(a))— 

(A) in paragraph (3), by striking ‘‘and’’ at the end; 

(B) by redesignating paragraph (4) as paragraph (5); 

and 

(C) by inserting after paragraph (3) the following: 

‘‘(4) amounts appropriated to the Foundation, as authorized 

under section 430; and’’; and 

(2) by adding at the end the following new section: 

‘‘SEC. 430. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated to the Foundation, 

such sums as may be necessary to carry out this subtitle.’’. 

SEC. 624. Notwithstanding any other provision of law, for fiscal 

year 2009 and each fiscal year thereafter, neither the Board of 

Governors of the Federal Reserve System nor the Secretary of 

the Treasury may determine, by rule, regulation, order, or otherwise, for purposes of section 4(k) of the Bank Holding Company 

Act of 1956, or section 5136A of the Revised Statutes of the United 

States, that real estate brokerage activity or real estate management activity is an activity that is financial in nature, is incidental 

to any financial activity, or is complementary to a financial activity. 

For purposes of this section, ‘‘real estate brokerage activity’’ shall 

mean ‘‘real estate brokerage’’, and ‘‘real estate management activity’’ 

shall mean ‘‘property management’’, as those terms were understood 

by the Board of Governors of the Federal Reserve System prior 

to March 11, 2000. 

SEC. 625. (a) Section 102(a)(3)(B) of the Help America Vote 

Act of 2002 (42 U.S.C. 15302(a)(3)(B)) is amended by striking 

‘‘March 1, 2008’’ and inserting ‘‘November 1, 2010’’. 

(b) The amendment made by subsection (a) shall take effect 

as if included in the enactment of the Help America Vote Act 

of 2002. 

SEC. 626. (a) Within 90 days after the date of enactment of 

this Act, the Federal Trade Commission shall initiate a rulemaking 

proceeding with respect to mortgage loans in accordance with section 553 of title 5, United States Code. Any violation of a rule 

prescribed under this subsection shall be treated as a violation 

of a rule under section 18 of the Federal Trade Commission Act 

(15 U.S.C. 57a) regarding unfair or deceptive acts or practices. 

(b)(1) Except as provided in paragraph (6), a State, as parens 

patriae, may bring a civil action on behalf of its residents in an 

Deadline. 

Regulations. 

Loans. 

15 USC 1638 

note. 

42 USC 15302 

note. 

Definition. 

12 USC 1843 

note. 

20 USC 5709. 

Cuba. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 679 

appropriate State or district court of the United States to enforce 

the provisions of section 128 of the Truth in Lending Act (15 

U.S.C. 1638), any other provision of the Truth in Lending Act, 

or any mortgage loan rule promulgated by the Federal Trade 

Commission to obtain penalties and relief provided under such 

Act or rule whenever the attorney general of the State has reason 

to believe that the interests of the residents of the State have 

been or are being threatened or adversely affected by a violation 

of such Act or rule. 

(2) The State shall serve written notice to the Commission 

of any civil action under paragraph (1) at least 60 days prior 

to initiating such civil action. The notice shall include a copy of 

the complaint to be filed to initiate such civil action, except that 

if it is not feasible for the State to provide such prior notice, 

the State shall provide notice immediately upon instituting such 

civil action. 

(3) Upon receiving the notice required by paragraph (2), the 

Commission may intervene in such civil action and upon intervening— 

(A) be heard on all matters arising in such civil action; 

(B) remove the action to the appropriate United States 

district court; and 

(C) file petitions for appeal of a decision in such civil 

action. 

(4) Nothing in this subsection shall prevent the attorney general 

of a State from exercising the powers conferred on the attorney 

general by the laws of such State to conduct investigations or 

to administer oaths or affirmations or to compel the attendance 

of witnesses or the production of documentary and other evidence. 

Nothing in this section shall prohibit the attorney general of a 

State, or other authorized State officer, from proceeding in State 

or Federal court on the basis of an alleged violation of any civil 

or criminal statute of that State. 

(5) In a civil action brought under paragraph (1)— 

(A) the venue shall be a judicial district in which the 

defendant is found, is an inhabitant, or transacts business 

or wherever venue is proper under section 1391 of title 28, 

United States Code; and 

(B) process may be served without regard to the territorial 

limits of the district or of the State in which the civil action 

is instituted. 

(6) Whenever a civil action or an administrative action has 

been instituted by or on behalf of the Commission for violation 

of any provision of law or rule described in paragraph (1), no 

State may, during the pendency of such action instituted by or 

on behalf of the Commission, institute a civil action under that 

paragraph against any defendant named in the complaint in such 

action for violation of any law or rule as alleged in such complaint. 

(7) If the attorney general of a State prevails in any civil 

action under paragraph (1), the State can recover reasonable costs 

and attorney fees from the lender or related party. 

(c) Section 129 of the Truth in Lending Act (15 U.S.C. 1639) 

is amended by adding at the end the following: 

‘‘(m) CIVIL PENALTIES IN FEDERAL TRADE COMMISSION

ENFORCEMENT ACTIONS.—For purposes of enforcement by the Federal Trade Commission, any violation of a regulation issued by 

the Federal Reserve Board pursuant to subsection (l)(2) of this 

Notice. 

Deadline. 


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123 STAT. 680 PUBLIC LAW 111–8—MAR. 11, 2009 

section shall be treated as a violation of a rule promulgated under 

section 18 of the Federal Trade Commission Act (15 U.S.C. 57a) 

regarding unfair or deceptive acts or practices.’’. 

TITLE VII 

GENERAL PROVISIONS—GOVERNMENT-WIDE 

DEPARTMENTS, AGENCIES, AND CORPORATIONS

SEC. 701. No department, agency, or instrumentality of the 

United States receiving appropriated funds under this or any other 

Act for fiscal year 2009 shall obligate or expend any such funds, 

unless such department, agency, or instrumentality has in place, 

and will continue to administer in good faith, a written policy 

designed to ensure that all of its workplaces are free from the 

illegal use, possession, or distribution of controlled substances (as 

defined in the Controlled Substances Act (21 U.S.C. 802)) by the 

officers and employees of such department, agency, or instrumentality. 

SEC. 702. Unless otherwise specifically provided, the maximum 

amount allowable during the current fiscal year in accordance with 

section 16 of the Act of August 2, 1946 (60 Stat. 810), for the 

purchase of any passenger motor vehicle (exclusive of buses, ambulances, law enforcement, and undercover surveillance vehicles), is 

hereby fixed at $13,197 except station wagons for which the maximum shall be $13,631: Provided, That these limits may be exceeded 

by not to exceed $3,700 for police-type vehicles, and by not to 

exceed $4,000 for special heavy-duty vehicles: Provided further, 

That the limits set forth in this section may not be exceeded 

by more than 5 percent for electric or hybrid vehicles purchased 

for demonstration under the provisions of the Electric and Hybrid 

Vehicle Research, Development, and Demonstration Act of 1976: 

Provided further, That the limits set forth in this section may 

be exceeded by the incremental cost of clean alternative fuels 

vehicles acquired pursuant to Public Law 101–549 over the cost 

of comparable conventionally fueled vehicles. 

SEC. 703. Appropriations of the executive departments and 

independent establishments for the current fiscal year available 

for expenses of travel, or for the expenses of the activity concerned, 

are hereby made available for quarters allowances and cost-ofliving allowances, in accordance with 5 U.S.C. 5922–5924. 

SEC. 704. Unless otherwise specified during the current fiscal 

year, no part of any appropriation contained in this or any other 

Act shall be used to pay the compensation of any officer or employee 

of the Government of the United States (including any agency 

the majority of the stock of which is owned by the Government 

of the United States) whose post of duty is in the continental 

United States unless such person: (1) is a citizen of the United 

States; (2) is a person in the service of the United States on 

the date of the enactment of this Act who, being eligible for citizenship, has filed a declaration of intention to become a citizen of 

the United States prior to such date and is actually residing in 

the United States; (3) is a person who owes allegiance to the 

United States; (4) is an alien from Cuba, Poland, South Vietnam, 

the countries of the former Soviet Union, or the Baltic countries 

lawfully admitted to the United States for permanent residence; 

5 USC 3101 note. 

31 USC 1343 

note. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 681 

(5) is a South Vietnamese, Cambodian, or Laotian refugee paroled 

in the United States after January 1, 1975; or (6) is a national 

of the People’s Republic of China who qualifies for adjustment 

of status pursuant to the Chinese Student Protection Act of 1992 

(Public Law 102–404): Provided, That for the purpose of this section, 

an affidavit signed by any such person shall be considered prima 

facie evidence that the requirements of this section with respect 

to his or her status have been complied with: Provided further, 

That any person making a false affidavit shall be guilty of a 

felony, and, upon conviction, shall be fined no more than $4,000 

or imprisoned for not more than 1 year, or both: Provided further, 

That the above penal clause shall be in addition to, and not in 

substitution for, any other provisions of existing law: Provided 

further, That any payment made to any officer or employee contrary 

to the provisions of this section shall be recoverable in action 

by the Federal Government. This section shall not apply to citizens 

of Ireland, Israel, or the Republic of the Philippines, or to nationals 

of those countries allied with the United States in a current defense 

effort, or to international broadcasters employed by the Broadcasting Board of Governors, or to temporary employment of translators, or to temporary employment in the field service (not to 

exceed 60 days) as a result of emergencies: Provided further, That 

this section does not apply to the employment as Wildland firefighters for not more than 120 days of nonresident aliens employed 

by the Department of the Interior or the USDA Forest Service 

pursuant to an agreement with another country. 

SEC. 705. Appropriations available to any department or agency 

during the current fiscal year for necessary expenses, including 

maintenance or operating expenses, shall also be available for payment to the General Services Administration for charges for space 

and services and those expenses of renovation and alteration of 

buildings and facilities which constitute public improvements performed in accordance with the Public Buildings Act of 1959 (73 

Stat. 479), the Public Buildings Amendments of 1972 (86 Stat. 

216), or other applicable law. 

SEC. 706. In addition to funds provided in this or any other 

Act, all Federal agencies are authorized to receive and use funds 

resulting from the sale of materials, including Federal records disposed of pursuant to a records schedule recovered through recycling 

or waste prevention programs. Such funds shall be available until 

expended for the following purposes: 

(1) Acquisition, waste reduction and prevention, and 

recycling programs as described in Executive Order No. 13423 

(January 24, 2007), including any such programs adopted prior 

to the effective date of the Executive order. 

(2) Other Federal agency environmental management programs, including, but not limited to, the development and 

implementation of hazardous waste management and pollution 

prevention programs. 

(3) Other employee programs as authorized by law or as 

deemed appropriate by the head of the Federal agency. 

SEC. 707. Funds made available by this or any other Act for 

administrative expenses in the current fiscal year of the corporations and agencies subject to chapter 91 of title 31, United States 

Code, shall be available, in addition to objects for which such 

funds are otherwise available, for rent in the District of Columbia; 

services in accordance with 5 U.S.C. 3109; and the objects specified 

Applicability. 

Penalties. 

Affidavit. 


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123 STAT. 682 PUBLIC LAW 111–8—MAR. 11, 2009 

under this head, all the provisions of which shall be applicable 

to the expenditure of such funds unless otherwise specified in 

the Act by which they are made available: Provided, That in the 

event any functions budgeted as administrative expenses are subsequently transferred to or paid from other funds, the limitations 

on administrative expenses shall be correspondingly reduced. 

SEC. 708. No part of any appropriation contained in this or 

any other Act shall be available for interagency financing of boards 

(except Federal Executive Boards), commissions, councils, committees, or similar groups (whether or not they are interagency entities) 

which do not have a prior and specific statutory approval to receive 

financial support from more than one agency or instrumentality. 

SEC. 709. None of the funds made available pursuant to the 

provisions of this Act shall be used to implement, administer, or 

enforce any regulation which has been disapproved pursuant to 

a joint resolution duly adopted in accordance with the applicable 

law of the United States. 

SEC. 710. (a) Notwithstanding any other provision of law, and 

except as otherwise provided in this section, no part of any of 

the funds appropriated for fiscal year 2009, by this or any other 

Act, may be used to pay any prevailing rate employee described 

in section 5342(a)(2)(A) of title 5, United States Code— 

(1) during the period from the date of expiration of the 

limitation imposed by the comparable section for previous fiscal 

years until the normal effective date of the applicable wage 

survey adjustment that is to take effect in fiscal year 2009, 

in an amount that exceeds the rate payable for the applicable 

grade and step of the applicable wage schedule in accordance 

with such section; and 

(2) during the period consisting of the remainder of fiscal 

year 2009, in an amount that exceeds, as a result of a wage 

survey adjustment, the rate payable under paragraph (1) by 

more than the sum of— 

(A) the percentage adjustment taking effect in fiscal 

year 2009 under section 5303 of title 5, United States 

Code, in the rates of pay under the General Schedule; 

and 

(B) the difference between the overall average percentage of the locality-based comparability payments taking 

effect in fiscal year 2009 under section 5304 of such title 

(whether by adjustment or otherwise), and the overall average percentage of such payments which was effective in 

the previous fiscal year under such section. 

(b) Notwithstanding any other provision of law, no prevailing 

rate employee described in subparagraph (B) or (C) of section 

5342(a)(2) of title 5, United States Code, and no employee covered 

by section 5348 of such title, may be paid during the periods 

for which subsection (a) is in effect at a rate that exceeds the 

rates that would be payable under subsection (a) were subsection 

(a) applicable to such employee. 

(c) For the purposes of this section, the rates payable to an 

employee who is covered by this section and who is paid from 

a schedule not in existence on September 30, 2008, shall be determined under regulations prescribed by the Office of Personnel 

Management. 

(d) Notwithstanding any other provision of law, rates of premium pay for employees subject to this section may not be changed 

Regulations. 

5 USC 5343 note. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 683 

from the rates in effect on September 30, 2008, except to the 

extent determined by the Office of Personnel Management to be 

consistent with the purpose of this section. 

(e) This section shall apply with respect to pay for service 

performed after September 30, 2008. 

(f) For the purpose of administering any provision of law 

(including any rule or regulation that provides premium pay, retirement, life insurance, or any other employee benefit) that requires 

any deduction or contribution, or that imposes any requirement 

or limitation on the basis of a rate of salary or basic pay, the 

rate of salary or basic pay payable after the application of this 

section shall be treated as the rate of salary or basic pay. 

(g) Nothing in this section shall be considered to permit or 

require the payment to any employee covered by this section at 

a rate in excess of the rate that would be payable were this section 

not in effect. 

(h) The Office of Personnel Management may provide for exceptions to the limitations imposed by this section if the Office determines that such exceptions are necessary to ensure the recruitment 

or retention of qualified employees. 

SEC. 711. During the period in which the head of any department or agency, or any other officer or civilian employee of the 

Federal Government appointed by the President of the United 

States, holds office, no funds may be obligated or expended in 

excess of $5,000 to furnish or redecorate the office of such department head, agency head, officer, or employee, or to purchase furniture or make improvements for any such office, unless advance 

notice of such furnishing or redecoration is transmitted to the 

Committees on Appropriations of the House of Representatives and 

the Senate. For the purposes of this section, the term ‘‘office’’ 

shall include the entire suite of offices assigned to the individual, 

as well as any other space used primarily by the individual or 

the use of which is directly controlled by the individual. 

SEC. 712. Notwithstanding section 1346 of title 31, United 

States Code, or section 708 of this Act, funds made available for 

the current fiscal year by this or any other Act shall be available 

for the interagency funding of national security and emergency 

preparedness telecommunications initiatives which benefit multiple 

Federal departments, agencies, or entities, as provided by Executive 

Order No. 12472 (April 3, 1984). 

SEC. 713. (a) None of the funds appropriated by this or any 

other Act may be obligated or expended by any Federal department, 

agency, or other instrumentality for the salaries or expenses of 

any employee appointed to a position of a confidential or policydetermining character excepted from the competitive service pursuant to section 3302 of title 5, United States Code, without a certification to the Office of Personnel Management from the head of 

the Federal department, agency, or other instrumentality employing 

the Schedule C appointee that the Schedule C position was not 

created solely or primarily in order to detail the employee to the 

White House. 

(b) The provisions of this section shall not apply to Federal 

employees or members of the armed forces detailed to or from— 

(1) the Central Intelligence Agency; 

(2) the National Security Agency; 

(3) the Defense Intelligence Agency; 

(4) the National Geospatial-Intelligence Agency; 

Definition. 

Notification. 

Applicability. 


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123 STAT. 684 PUBLIC LAW 111–8—MAR. 11, 2009 

(5) the offices within the Department of Defense for the 

collection of specialized national foreign intelligence through 

reconnaissance programs; 

(6) the Bureau of Intelligence and Research of the Department of State; 

(7) any agency, office, or unit of the Army, Navy, Air 

Force, and Marine Corps, the Department of Homeland Security, the Federal Bureau of Investigation and the Drug Enforcement Administration of the Department of Justice, the Department of Transportation, the Department of the Treasury, and 

the Department of Energy performing intelligence functions; 

and 

(8) the Director of National Intelligence or the Office of 

the Director of National Intelligence. 

SEC. 714. No part of any appropriation contained in this or 

any other Act shall be available for the payment of the salary 

of any officer or employee of the Federal Government, who— 

(1) prohibits or prevents, or attempts or threatens to prohibit or prevent, any other officer or employee of the Federal 

Government from having any direct oral or written communication or contact with any Member, committee, or subcommittee 

of the Congress in connection with any matter pertaining to 

the employment of such other officer or employee or pertaining 

to the department or agency of such other officer or employee 

in any way, irrespective of whether such communication or 

contact is at the initiative of such other officer or employee 

or in response to the request or inquiry of such Member, committee, or subcommittee; or 

(2) removes, suspends from duty without pay, demotes, 

reduces in rank, seniority, status, pay, or performance or efficiency rating, denies promotion to, relocates, reassigns, transfers, disciplines, or discriminates in regard to any employment 

right, entitlement, or benefit, or any term or condition of 

employment of, any other officer or employee of the Federal 

Government, or attempts or threatens to commit any of the 

foregoing actions with respect to such other officer or employee, 

by reason of any communication or contact of such other officer 

or employee with any Member, committee, or subcommittee 

of the Congress as described in paragraph (1). 

SEC. 715. (a) None of the funds made available in this or 

any other Act may be obligated or expended for any employee 

training that— 

(1) does not meet identified needs for knowledge, skills, 

and abilities bearing directly upon the performance of official 

duties; 

(2) contains elements likely to induce high levels of emotional response or psychological stress in some participants; 

(3) does not require prior employee notification of the content and methods to be used in the training and written end 

of course evaluation; 

(4) contains any methods or content associated with religious or quasi-religious belief systems or ‘‘new age’’ belief systems as defined in Equal Employment Opportunity Commission 

Notice N–915.022, dated September 2, 1988; or 

(5) is offensive to, or designed to change, participants’ 

personal values or lifestyle outside the workplace. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 685 

(b) Nothing in this section shall prohibit, restrict, or otherwise 

preclude an agency from conducting training bearing directly upon 

the performance of official duties. 

SEC. 716. No funds appropriated in this or any other Act 

may be used to implement or enforce the agreements in Standard 

Forms 312 and 4414 of the Government or any other nondisclosure 

policy, form, or agreement if such policy, form, or agreement does 

not contain the following provisions: ‘‘These restrictions are consistent with and do not supersede, conflict with, or otherwise alter 

the employee obligations, rights, or liabilities created by Executive 

Order No. 12958; section 7211 of title 5, United States Code (governing disclosures to Congress); section 1034 of title 10, United 

States Code, as amended by the Military Whistleblower Protection 

Act (governing disclosure to Congress by members of the military); 

section 2302(b)(8) of title 5, United States Code, as amended by 

the Whistleblower Protection Act of 1989 (governing disclosures 

of illegality, waste, fraud, abuse or public health or safety threats); 

the Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 

et seq.) (governing disclosures that could expose confidential 

Government agents); and the statutes which protect against disclosure that may compromise the national security, including sections 

641, 793, 794, 798, and 952 of title 18, United States Code, and 

section 4(b) of the Subversive Activities Act of 1950 (50 U.S.C. 

783(b)). The definitions, requirements, obligations, rights, sanctions, 

and liabilities created by said Executive order and listed statutes 

are incorporated into this agreement and are controlling.’’: Provided, 

That notwithstanding the preceding paragraph, a nondisclosure 

policy form or agreement that is to be executed by a person connected with the conduct of an intelligence or intelligence-related 

activity, other than an employee or officer of the United States 

Government, may contain provisions appropriate to the particular 

activity for which such document is to be used. Such form or 

agreement shall, at a minimum, require that the person will not 

disclose any classified information received in the course of such 

activity unless specifically authorized to do so by the United States 

Government. Such nondisclosure forms shall also make it clear 

that they do not bar disclosures to Congress, or to an authorized 

official of an executive agency or the Department of Justice, that 

are essential to reporting a substantial violation of law. 

SEC. 717. No part of any funds appropriated in this or any 

other 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 the Congress, except in presentation to the 

Congress itself. 

SEC. 718. None of the funds appropriated by this or any other 

Act may be used by an agency to provide a Federal employee’s 

home address to any labor organization except when the employee 

has authorized such disclosure or when such disclosure has been 

ordered by a court of competent jurisdiction. 

SEC. 719. None of the funds made available in this Act or 

any other Act may be used to provide any non-public information 

such as mailing or telephone lists to any person or any organization 

outside of the Federal Government without the approval of the 


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123 STAT. 686 PUBLIC LAW 111–8—MAR. 11, 2009 

Committees on Appropriations of the House of Representatives and 

the Senate. 

SEC. 720. No part of any appropriation contained in this or 

any other Act shall be used directly or indirectly, including by 

private contractor, for publicity or propaganda purposes within 

the United States not heretofor authorized by the Congress. 

SEC. 721. (a) In this section, the term ‘‘agency’’— 

(1) means an Executive agency, as defined under section 

105 of title 5, United States Code; 

(2) includes a military department, as defined under section 

102 of such title, the Postal Service, and the Postal Regulatory 

Commission; and 

(3) shall not include the Government Accountability Office. 

(b) Unless authorized in accordance with law or regulations 

to use such time for other purposes, an employee of an agency 

shall use official time in an honest effort to perform official duties. 

An employee not under a leave system, including a Presidential 

appointee exempted under section 6301(2) of title 5, United States 

Code, has an obligation to expend an honest effort and a reasonable 

proportion of such employee’s time in the performance of official 

duties. 

SEC. 722. Notwithstanding 31 U.S.C. 1346 and section 708 

of this Act, funds made available for the current fiscal year by 

this or any other Act to any department or agency, which is a 

member of the Federal Accounting Standards Advisory Board 

(FASAB), shall be available to finance an appropriate share of 

FASAB administrative costs. 

(TRANSFER OF FUNDS) 

SEC. 723. Notwithstanding 31 U.S.C. 1346 and section 708 

of this Act, the head of each Executive department and agency 

is hereby authorized to transfer to or reimburse ‘‘General Services 

Administration, Government-wide Policy’’ with the approval of the 

Director of the Office of Management and Budget, funds made 

available for the current fiscal year by this or any other Act, 

including rebates from charge card and other contracts: Provided, That these funds shall be administered by the Administrator of 

General Services to support Government-wide financial, information 

technology, procurement, and other management innovations, initiatives, and activities, as approved by the Director of the Office 

of Management and Budget, in consultation with the appropriate 

interagency groups designated by the Director (including the President’s Management Council for overall management improvement 

initiatives, the Chief Financial Officers Council for financial 

management initiatives, the Chief Information Officers Council for 

information technology initiatives, the Chief Human Capital Officers Council for human capital initiatives, and the Chief Acquisition 

Officers Council for procurement initiatives): Provided further, That 

the total funds transferred or reimbursed shall not exceed 

$17,000,000: Provided further, That such transfers or reimbursements may only be made after 15 days following notification of 

the Committees on Appropriations by the Director of the Office 

of Management and Budget. 

SEC. 724. Notwithstanding any other provision of law, a woman 

may breastfeed her child at any location in a Federal building 

or on Federal property, if the woman and her child are otherwise 

authorized to be present at the location. 

Breastfeeding. 

Notification. 

Definitions. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 687 

SEC. 725. Notwithstanding section 1346 of title 31, United 

States Code, or section 708 of this Act, funds made available for 

the current fiscal year by this or any other Act shall be available 

for the interagency funding of specific projects, workshops, studies, 

and similar efforts to carry out the purposes of the National Science 

and Technology Council (authorized by Executive Order No. 12881), 

which benefit multiple Federal departments, agencies, or entities: 

Provided, That the Office of Management and Budget shall provide 

a report describing the budget of and resources connected with 

the National Science and Technology Council to the Committees 

on Appropriations, the House Committee on Science and Technology, and the Senate Committee on Commerce, Science, and 

Transportation 90 days after enactment of this Act. 

SEC. 726. Any request for proposals, solicitation, grant application, form, notification, press release, or other publications involving 

the distribution of Federal funds shall indicate the agency providing 

the funds, the Catalog of Federal Domestic Assistance Number, 

as applicable, and the amount provided: Provided, That this provision shall apply to direct payments, formula funds, and grants 

received by a State receiving Federal funds. 

SEC. 727. (a) PROHIBITION OF FEDERAL AGENCY MONITORING

OF INDIVIDUALS’ INTERNET USE.—None of the funds made available 

in this or any other Act may be used by any Federal agency— 

(1) to collect, review, or create any aggregation of data, 

derived from any means, that includes any personally identifiable information relating to an individual’s access to or use 

of any Federal Government Internet site of the agency; or 

(2) to enter into any agreement with a third party 

(including another government agency) to collect, review, or 

obtain any aggregation of data, derived from any means, that 

includes any personally identifiable information relating to an 

individual’s access to or use of any nongovernmental Internet 

site. 

(b) EXCEPTIONS.—The limitations established in subsection (a) 

shall not apply to— 

(1) any record of aggregate data that does not identify 

particular persons; 

(2) any voluntary submission of personally identifiable 

information; 

(3) any action taken for law enforcement, regulatory, or 

supervisory purposes, in accordance with applicable law; or 

(4) any action described in subsection (a)(1) that is a system 

security action taken by the operator of an Internet site and 

is necessarily incident to providing the Internet site services 

or to protecting the rights or property of the provider of the 

Internet site. 

(c) DEFINITIONS.—For the purposes of this section: 

(1) The term ‘‘regulatory’’ means agency actions to implement, interpret or enforce authorities provided in law. 

(2) The term ‘‘supervisory’’ means examinations of the 

agency’s supervised institutions, including assessing safety and 

soundness, overall financial condition, management practices 

and policies and compliance with applicable standards as provided in law. 

SEC. 728. (a) None of the funds appropriated by this Act may 

be used to enter into or renew a contract which includes a provision 

Contracts. 

Contraception. 

Applicability. 

Reports. 

Deadline. 


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123 STAT. 688 PUBLIC LAW 111–8—MAR. 11, 2009 

providing prescription drug coverage, except where the contract 

also includes a provision for contraceptive coverage. 

(b) Nothing in this section shall apply to a contract with— 

(1) any of the following religious plans: 

(A) Personal Care’s HMO; and 

(B) OSF HealthPlans, Inc.; and 

(2) any existing or future plan, if the carrier for the plan 

objects to such coverage on the basis of religious beliefs. 

(c) In implementing this section, any plan that enters into 

or renews a contract under this section may not subject any individual to discrimination on the basis that the individual refuses 

to prescribe or otherwise provide for contraceptives because such 

activities would be contrary to the individual’s religious beliefs 

or moral convictions. 

(d) Nothing in this section shall be construed to require coverage of abortion or abortion-related services. 

SEC. 729. The Congress of the United States recognizes the 

United States Anti-Doping Agency (USADA) as the official antidoping agency for Olympic, Pan American, and Paralympic sport 

in the United States. 

SEC. 730. Notwithstanding any other provision of law, funds 

appropriated for official travel by Federal departments and agencies 

may be used by such departments and agencies, if consistent with 

Office of Management and Budget Circular A–126 regarding official 

travel for Government personnel, to participate in the fractional 

aircraft ownership pilot program. 

SEC. 731. Notwithstanding any other provision of law, none 

of the funds appropriated or made available under this Act or 

any other appropriations Act may be used to implement or enforce 

restrictions or limitations on the Coast Guard Congressional Fellowship Program, or to implement the proposed regulations of the 

Office of Personnel Management to add sections 300.311 through 

300.316 to part 300 of title 5 of the Code of Federal Regulations, 

published in the Federal Register, volume 68, number 174, on 

September 9, 2003 (relating to the detail of executive branch 

employees to the legislative branch). 

SEC. 732. Notwithstanding any other provision of law, no executive branch agency shall purchase, construct, and/or lease any additional facilities, except within or contiguous to existing locations, 

to be used for the purpose of conducting Federal law enforcement 

training without the advance approval of the Committees on Appropriations, 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. 733. (a) For fiscal year 2009, no funds shall be available 

for transfers or reimbursements to the E-Government initiatives 

sponsored by the Office of Management and Budget prior to 15 

days following submission of a report to the Committees on Appropriations by the Director of the Office of Management and Budget 

and receipt of approval to transfer funds by the Committees on 

Appropriations of the House of Representatives and the Senate. 

(b) The report in (a) and other required justification materials 

shall include at a minimum— 

(1) a description of each initiative including but not limited 

to its objectives, benefits, development status, risks, cost 

effectiveness (including estimated net costs or savings to the 

Justification 

materials. 

Reports. 

Sports. 

Drugs and drug 

abuse. 

Abortion. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 689 

government), and the estimated date of full operational capability; 

(2) the total development cost of each initiative by fiscal 

year including costs to date, the estimated costs to complete 

its development to full operational capability, and estimated 

annual operations and maintenance costs; and 

(3) the sources and distribution of funding by fiscal year 

and by agency and bureau for each initiative including agency 

contributions to date and estimated future contributions by 

agency. 

(c) No funds shall be available for obligation or expenditure 

for new E-Government initiatives without the explicit approval 

of the Committees on Appropriations of the House of Representatives and the Senate. 

SEC. 734. Notwithstanding section 1346 of title 31, United 

States Code, and section 708 of this Act and any other provision 

of law, the head of each appropriate executive department and 

agency shall transfer to or reimburse the Federal Aviation Administration, upon the direction of the Director of the Office of Management and Budget, funds made available by this or any other Act 

for the purposes described below, and shall submit budget requests 

for such purposes. These funds shall be administered by the Federal 

Aviation Administration, in consultation with the appropriate interagency groups designated by the Director and shall be used to 

ensure the uninterrupted, continuous operation of the Midway Atoll 

Airfield by the Federal Aviation Administration pursuant to an 

operational agreement with the Department of the Interior for 

the entirety of fiscal year 2009 and any period thereafter that 

precedes the enactment of the Financial Services and General 

Government Appropriations Act, 2010. The Director of the Office 

of Management and Budget shall mandate the necessary transfers 

after determining an equitable allocation between the appropriate 

executive departments and agencies of the responsibility for funding 

the continuous operation of the Midway Atoll Airfield based on, 

but not limited to, potential use, interest in maintaining aviation 

safety, and applicability to governmental operations and agency 

mission. The total funds transferred or reimbursed shall not exceed 

$6,000,000 for any 12-month period. Such sums shall be sufficient 

to ensure continued operation of the airfield throughout the period 

cited above. Funds shall be available for operation of the airfield 

or airfield-related capital upgrades. The Director of the Office of 

Management and Budget shall notify the Committees on Appropriations of such transfers or reimbursements within 15 days of this 

Act. Such transfers or reimbursements shall begin within 30 days 

of enactment of this Act. 

SEC. 735. Section 739(a)(1) of division D of the Consolidated 

Appropriations Act, 2008 (Public Law 110–161; 121 Stat. 2029) 

is amended by striking ‘‘more than 10’’. 

SEC. 736. Section 739 of division D of the Consolidated Appropriations Act, 2008 (Public Law 110–161; 121 Stat. 2030) is 

amended by striking subsection (b) and inserting the following: 

‘‘(b) GUIDELINES ON INSOURCING NEW AND CONTRACTED OUT

FUNCTIONS.— 

‘‘(1) GUIDELINES REQUIRED.—(A) The heads of executive 

agencies subject to the Federal Activities Inventory Reform 

Act of 1998 (Public Law 105–270; 31 U.S.C. 501 note) shall 

devise and implement guidelines and procedures to ensure that 

Procedures. 

31 USC 501 note. 

Time period. 

Notification. 

Deadline. 


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123 STAT. 690 PUBLIC LAW 111–8—MAR. 11, 2009 

consideration is given to using, on a regular basis, Federal 

employees to perform new functions and functions that are 

performed by contractors and could be performed by Federal 

employees. 

‘‘(B) The guidelines and procedures required under 

subparagraph (A) may not include any specific limitation or 

restriction on the number of functions or activities that may 

be converted to performance by Federal employees. 

‘‘(2) SPECIAL CONSIDERATION FOR CERTAIN FUNCTIONS.—The 

guidelines and procedures required under paragraph (1) shall 

provide for special consideration to be given to using Federal 

employees to perform any function that— 

‘‘(A) is performed by a contractor and— 

‘‘(i) has been performed by Federal employees at 

any time during the previous 10 years; 

‘‘(ii) is a function closely associated with the 

performance of an inherently governmental function; 

‘‘(iii) has been performed pursuant to a contract 

awarded on a non-competitive basis; or 

‘‘(iv) has been performed poorly, as determined 

by a contracting officer during the 5-year period preceding the date of such determination, because of excessive costs or inferior quality; or 

‘‘(B) is a new requirement, with particular emphasis 

given to a new requirement that is similar to a function 

previously performed by Federal employees or is a function 

closely associated with the performance of an inherently 

governmental function. 

‘‘(3) EXCLUSION OF CERTAIN FUNCTIONS FROM COMPETITIONS.—The head of an executive agency may not conduct a 

public-private competition under Office of Management and 

Budget Circular A–76 or any other provision of law or regulation before— 

‘‘(A) in the case of a new agency function, assigning 

the performance of the function to Federal employees; 

‘‘(B) in the case of any agency function described in 

paragraph (2), converting the function to performance by 

Federal employees; or 

‘‘(C) in the case of an agency function performed by 

Federal employees, expanding the scope of the function. 

‘‘(4) DEADLINE.—(A) The head of each executive agency 

shall implement the guidelines and procedures required under 

this subsection by not later than 120 days after the date of 

the enactment of this subsection. 

‘‘(B) Not later than 210 days after the date of the enactment 

of this subsection, the Government Accountability Office shall 

submit a report on the implementation of this subsection to 

the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the 

Senate. 

‘‘(5) DEFINITIONS.—In this subsection: 

‘‘(A) The term ‘inherently governmental functions’ has 

the meaning given such term in subpart 7.5 of part 7 

of the Federal Acquisition Regulation. 

Reports. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 691 

‘‘(B) The term ‘functions closely associated with inherently governmental functions’ means the functions 

described in section 7.503(d) of the Federal Acquisition 

Regulation. 

‘‘(6) APPLICABILITY.—This subsection shall not apply to the 

Department of Defense.’’. 

SEC. 737. None of the funds appropriated or otherwise made 

available by this or any other Act may be used to begin or announce 

a study or public-private competition regarding the conversion to 

contractor performance of any function performed by Federal 

employees pursuant to Office of Management and Budget Circular 

A–76 or any other administrative regulation, directive, or policy. 

SEC. 738. (a) Section 142(a) of division A of the Consolidated 

Security, Disaster Assistance, and Continuing Appropriations Act, 

2009 (Public Law 110–329; 122 Stat. 3580) is amended by striking 

‘‘Security.’’ and inserting ‘‘Security and shall apply to civilian 

employees in the Department of Defense who are represented by 

a labor organization as defined in section 7103(a)(4) of title 5, 

United States Code.’’. 

(b) The amendment made by subsection (a) shall take effect 

as if included in the enactment of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009. 

SEC. 739. Unless otherwise authorized by existing law, none 

of the funds provided in this Act or any other Act may be used 

by an executive branch agency to produce any prepackaged news 

story intended for broadcast or distribution in the United States, 

unless the story includes a clear notification within the text or 

audio of the prepackaged news story that the prepackaged news 

story was prepared or funded by that executive branch agency. 

SEC. 740. None of the funds made available in this Act may 

be used in contravention of section 552a of title 5, United States 

Code (popularly known as the Privacy Act) and regulations implementing that section. 

SEC. 741. Each executive department and agency shall evaluate 

the creditworthiness of an individual before issuing the individual 

a government travel charge card. Such evaluations for individuallybilled travel charge cards shall include an assessment of the individual’s consumer report from a consumer reporting agency as those 

terms are defined in section 603 of the Fair Credit Reporting 

Act (Public Law 91–508): Provided, That the department or agency 

may not issue a government travel charge card to an individual 

that either lacks a credit history or is found to have an unsatisfactory credit history as a result of this evaluation: Provided further, 

That this restriction shall not preclude issuance of a restricteduse charge, debit, or stored value card made in accordance with 

agency procedures to: (1) an individual with an unsatisfactory credit 

history where such card is used to pay travel expenses and the 

agency determines there is no suitable alternative payment mechanism available before issuing the card; or (2) an individual who 

lacks a credit history. Each executive department and agency shall 

establish guidelines and procedures for disciplinary actions to be 

taken against agency personnel for improper, fraudulent, or abusive 

use of government charge cards, which shall include appropriate 

disciplinary actions for use of charge cards for purposes, and at 

establishments, that are inconsistent with the official business of 

the Department or agency or with applicable standards of conduct. 

Guidelines. 

Procedures. 

5 USC 5701 note. 

News story. 

5 USC 5303 note. 

5 USC 5303 note. 


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123 STAT. 692 PUBLIC LAW 111–8—MAR. 11, 2009 

SEC. 742. CROSSCUT BUDGET. (a) DEFINITIONS.—For purposes 

of this section the following definitions apply: 

(1) GREAT LAKES.—The terms ‘‘Great Lakes’’ and ‘‘Great 

Lakes State’’ have the same meanings as such terms have 

in section 506 of the Water Resources Development Act of 

2000 (42 U.S.C. 1962d–22). 

(2) GREAT LAKES RESTORATION ACTIVITIES.—The term 

‘‘Great Lakes restoration activities’’ means any Federal or State 

activity primarily or entirely within the Great Lakes watershed 

that seeks to improve the overall health of the Great Lakes 

ecosystem. 

(b) REPORT.—Not later than 45 days after submission of the 

budget of the President to Congress, the Director of the Office 

of Management and Budget, in coordination with the Governor 

of each Great Lakes State and the Great Lakes Interagency Task 

Force, shall submit to the appropriate authorizing and appropriating committees of the Senate and the House of Representatives 

a financial report, certified by the Secretary of each agency that 

has budget authority for Great Lakes restoration activities, containing— 

(1) an interagency budget crosscut report that— 

(A) displays the budget proposed, including any 

planned interagency or intra-agency transfer, for each of 

the Federal agencies that carries out Great Lakes restoration activities in the upcoming fiscal year, separately 

reporting the amount of funding to be provided under 

existing laws pertaining to the Great Lakes ecosystem; 

and 

(B) identifies all expenditures since fiscal year 2004 

by the Federal Government and State governments for 

Great Lakes restoration activities; 

(2) a detailed accounting of all funds received and obligated 

by all Federal agencies and, to the extent available, State 

agencies using Federal funds, for Great Lakes restoration activities during the current and previous fiscal years; 

(3) a budget for the proposed projects (including a description of the project, authorization level, and project status) to 

be carried out in the upcoming fiscal year with the Federal 

portion of funds for activities; and 

(4) a listing of all projects to be undertaken in the upcoming 

fiscal year with the Federal portion of funds for activities. 

SEC. 743. (a) IN GENERAL.—None of the funds appropriated 

or otherwise made available by this or any other Act may be 

used for any Federal Government contract with any foreign incorporated entity which is treated as an inverted domestic corporation 

under section 835(b) of the Homeland Security Act of 2002 (6 

U.S.C. 395(b)) or any subsidiary of such an entity. 

(b) WAIVERS.— 

(1) IN GENERAL.—Any Secretary shall waive subsection (a) 

with respect to any Federal Government contract under the 

authority of such Secretary if the Secretary determines that 

the waiver is required in the interest of national security. 

(2) REPORT TO CONGRESS.—Any Secretary issuing a waiver 

under paragraph (1) shall report such issuance to Congress. 

(c) EXCEPTION.—This section shall not apply to any Federal 

Government contract entered into before the date of the enactment 

of this Act, or to any task order issued pursuant to such contract. 

Certification. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 693 

SEC. 744. (a) Each executive department and agency shall establish and maintain on the homepage of its website, an obvious, 

direct link to the website of its respective Inspector General. 

(b) Each Office of Inspector General shall: (1) post on its website 

any public report or audit or portion of any report or audit issued 

within one day of its release; (2) provide a service on its website 

to allow an individual to request automatic receipt of information 

relating to any public report or audit or portion of that report 

or audit and which permits electronic transmittal of the information, 

or notice of the availability of the information without further 

request; and (3) establish and maintain a direct link on its website 

for individuals to anonymously report waste, fraud and abuse. 

SEC. 745. None of the funds made available by this or any 

other Act may be used to implement, administer, enforce, or apply 

the rule entitled ‘‘Competitive Area’’ published by the Office of 

Personnel Management in the Federal Register on April 15, 2008 

(73 Fed. Reg. 20180 et seq.). 

SEC. 746. None of the funds made available by this or any 

other Act may be used to implement, administer, or enforce section 

5(b) of Executive Order 13422 (72 Fed. Reg. 2763; relating to 

Regulatory Policy Officer). 

SEC. 747. No later than 120 days after enactment of this 

Act, the Office of Management and Budget shall submit a status 

report on the pilot program, established under section 748 of division D of Public Law 110–161, to develop and implement an inventory to track the cost and size (in contractor manpower equivalents) 

of service contracts, particularly with respect to contracts that 

have been performed poorly by a contractor because of excessive 

costs or inferior quality, as determined by a contracting officer 

within the last 5 years, involve inherently governmental functions, 

or were undertaken without competition. 

SEC. 748. Executive Order 13423 (72 Fed. Reg. 3919; Jan. 

24, 2007) shall remain in effect hereafter except as otherwise provided by law after the date of the enactment of this Act. 

SEC. 749. Effective January 20, 2009, and for each fiscal year 

thereafter, no part of any appropriation contained in this or any 

other Act may be used for the payment of services to any individual 

carrying out the responsibilities of any position requiring Senate 

advice and consent in an acting or temporary capacity after the 

second submission of a nomination for that individual to that position has been withdrawn or returned to the President. 

SEC. 750. Except as expressly provided otherwise, any reference 

to ‘‘this Act’’ contained in any title other than title IV or VIII 

shall not apply to such title IV or VIII. 

SEC. 751. NONREDUCTION IN PAY WHILE FEDERAL EMPLOYEE

IS PERFORMING ACTIVE SERVICE IN THE UNIFORMED SERVICES OR

NATIONAL GUARD. (a) IN GENERAL.—Subchapter IV of chapter 55 

of title 5, United States Code, is amended by adding at the end 

the following: 

‘‘§ 5538. Nonreduction in pay while serving in the uniformed 

services or National Guard 

‘‘(a) An employee who is absent from a position of employment 

with the Federal Government in order to perform active duty in 

the uniformed services pursuant to a call or order to active duty 

under a provision of law referred to in section 101(a)(13)(B) of 

title 10 shall be entitled, while serving on active duty, to receive, 

28 USC 461 note. 

Effective date. 

5 USC 5501 note 

prec. 

42 USC 4321 

note. 

Deadline. 

Reports. 

Web posting. 

Web links. 

5 USC app. 8L. 


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123 STAT. 694 PUBLIC LAW 111–8—MAR. 11, 2009 

for each pay period described in subsection (b), an amount equal 

to the amount by which— 

‘‘(1) the amount of basic pay which would otherwise have 

been payable to such employee for such pay period if such 

employee’s civilian employment with the Government had not 

been interrupted by that service, exceeds (if at all) 

‘‘(2) the amount of pay and allowances which (as determined under subsection (d))— 

‘‘(A) is payable to such employee for that service; and 

‘‘(B) is allocable to such pay period. 

‘‘(b)(1) Amounts under this section shall be payable with respect 

to each pay period (which would otherwise apply if the employee’s 

civilian employment had not been interrupted)— 

‘‘(A) during which such employee is entitled to reemployment rights under chapter 43 of title 38 with respect to the 

position from which such employee is absent (as referred to 

in subsection (a)); and 

‘‘(B) for which such employee does not otherwise receive 

basic pay (including by taking any annual, military, or other 

paid leave) to which such employee is entitled by virtue of 

such employee’s civilian employment with the Government. 

‘‘(2) For purposes of this section, the period during which an 

employee is entitled to reemployment rights under chapter 43 of 

title 38— 

‘‘(A) shall be determined disregarding the provisions of 

section 4312(d) of title 38; and 

‘‘(B) shall include any period of time specified in section 

4312(e) of title 38 within which an employee may report or 

apply for employment or reemployment following completion 

of service on active duty to which called or ordered as described 

in subsection (a). 

‘‘(c) Any amount payable under this section to an employee 

shall be paid— 

‘‘(1) by such employee’s employing agency; 

‘‘(2) from the appropriation or fund which would be used 

to pay the employee if such employee were in a pay status; 

and 

‘‘(3) to the extent practicable, at the same time and in 

the same manner as would basic pay if such employee’s civilian 

employment had not been interrupted. 

‘‘(d) The Office of Personnel Management shall, in consultation 

with Secretary of Defense, prescribe any regulations necessary to 

carry out the preceding provisions of this section. 

‘‘(e)(1) The head of each agency referred to in section 

2302(a)(2)(C)(ii) shall, in consultation with the Office, prescribe 

procedures to ensure that the rights under this section apply to 

the employees of such agency. 

‘‘(2) The Administrator of the Federal Aviation Administration 

shall, in consultation with the Office, prescribe procedures to ensure 

that the rights under this section apply to the employees of that 

agency. 

‘‘(f) For purposes of this section— 

‘‘(1) the terms ‘employee’, ‘Federal Government’, and ‘uniformed services’ have the same respective meanings as given 

those terms in section 4303 of title 38; 

‘‘(2) the term ‘employing agency’, as used with respect 

to an employee entitled to any payments under this section, 

Definitions. 

Procedures. 

Regulations. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 695 

means the agency or other entity of the Government (including 

an agency referred to in section 2302(a)(2)(C)(ii)) with respect 

to which such employee has reemployment rights under chapter 

43 of title 38; and 

‘‘(3) the term ‘basic pay’ includes any amount payable under 

section 5304.’’. 

(b) TECHNICAL AND CONFORMING AMENDMENT.—The table of 

sections for chapter 55 of title 5, United States Code, is amended 

by inserting after the item relating to section 5537 the following: 

‘‘5538. Nonreduction in pay while serving in the uniformed services or National 

Guard.’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply with respect to pay periods (as described in section 

5538(b) of title 5, United States Code, as amended by this section) 

beginning on or after the date of enactment of this Act. 

SEC. 752. Not later than 120 days after enactment of this 

Act, each executive department and agency shall submit to the 

Director of the Office of Management and Budget a report stating 

the total size of its workforce, differentiated by number of civilian, 

military, and contract workers as of December 31, 2008. Not later 

than 180 days after enactment of this Act, the Director of the 

Office of Management and Budget shall submit to the Committee 

a comprehensive statement delineating the workforce data by individual department and agency, as well as aggregate totals of 

civilian, military, and contract workers. 

TITLE VIII 

GENERAL PROVISIONS—DISTRICT OF COLUMBIA 

SEC. 801. Whenever in this Act, an amount is specified within 

an appropriation for particular purposes or objects of expenditure, 

such amount, unless otherwise specified, shall be considered as 

the maximum amount that may be expended for said purpose 

or object rather than an amount set apart exclusively therefor. 

SEC. 802. Appropriations in this Act shall be available for 

expenses of travel and for the payment of dues of organizations 

concerned with the work of the District of Columbia government, 

when authorized by the Mayor, or, in the case of the Council 

of the District of Columbia, funds may be expended with the 

authorization of the Chairman of the Council. 

SEC. 803. There are appropriated from the applicable funds 

of the District of Columbia such sums as may be necessary for 

making refunds and for the payment of legal settlements or judgments that have been entered against the District of Columbia 

government. 

SEC. 804. (a) None of the Federal funds provided in this Act 

shall be used for publicity or propaganda purposes or implementation of any policy including boycott designed to support or defeat 

legislation pending before Congress or any State legislature. 

(b) The District of Columbia may use local funds provided 

in this title to carry out lobbying activities on any matter. 

SEC. 805. (a) None of the funds provided under this Act to 

the agencies funded by this Act, both Federal and District government agencies, 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 

Lobbying. 

Statement. 

Deadlines. 

Reports. 

5 USC 5538 note. 


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123 STAT. 696 PUBLIC LAW 111–8—MAR. 11, 2009 

to the agencies funded by this Act, shall be available for obligation 

or expenditures for an agency through a reprogramming of funds 

which— 

(1) creates new programs; 

(2) eliminates a program, project, or responsibility center; 

(3) establishes or changes allocations specifically denied, 

limited or increased under this Act; 

(4) increases funds or personnel by any means for any 

program, project, or responsibility center for which funds have 

been denied or restricted; 

(5) reestablishes any program or project previously deferred 

through reprogramming; 

(6) augments any existing program, project, or responsibility center through a reprogramming of funds in excess of 

$3,000,000 or 10 percent, whichever is less; or 

(7) increases by 20 percent or more personnel assigned 

to a specific program, project or responsibility center, 

unless in the case of Federal funds, the Committees on Appropriations of the House of Representatives and the Senate are notified 

in writing 15 days in advance of the reprogramming and in the 

case of local funds, the Committees on Appropriations of the House 

of Representatives and the Senate are provided summary reports 

on April 1, 2009 and October 1, 2009, setting forth detailed information regarding each such local funds reprogramming conducted subject to this subsection. 

(b) None of the local funds contained in this Act may be available for obligation or expenditure for an agency through a transfer 

of any local funds in excess of $3,000,000 from one appropriation 

heading to another unless the Committees on Appropriations of 

the House of Representatives and the Senate are provided summary 

reports on April 1, 2009 and October 1, 2009, setting forth detailed 

information regarding each reprogramming conducted subject to 

this subsection. 

(c) The District of Columbia government is authorized to 

approve and execute reprogramming and transfer requests of local 

funds under this title through December 1, 2009. 

SEC. 806. Consistent with the provisions of section 1301(a) 

of title 31, United States Code, appropriations under this Act shall 

be applied only to the objects for which the appropriations were 

made except as otherwise provided by law. 

SEC. 807. None of the Federal funds made available in this 

Act may be used to implement or enforce the Health Care Benefits 

Expansion Act of 1992 (D.C. Law 9–114; D.C. Official Code, sec. 

32–701 et seq.) or to otherwise implement or enforce any system 

of registration of unmarried, cohabiting couples, including but not 

limited to registration for the purpose of extending employment, 

health, or governmental benefits to such couples on the same basis 

that such benefits are extended to legally married couples. 

SEC. 808. (a) Section 446B(f) of the District of Columbia Home 

Rule Act (sec. 1–204.46b(f), D.C. Official Code) is amended by 

striking ‘‘fiscal years 2006 through 2008’’ and inserting ‘‘fiscal year 

2006 and each succeeding fiscal year’’. 

(b) The amendment made by subsection (a) shall take effect 

as if included in the enactment of the 2005 District of Columbia 

Omnibus Authorization Act. 

SEC. 809. None of the Federal funds provided in this Act may 

be used by the District of Columbia to provide for salaries, expenses, 

Cohabiting 

couples. 

Applicability. 

Reports. 

Deadlines. 

Notification. 

Deadlines. 

Reports. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 697 

or other costs associated with the offices of United States Senator 

or United States Representative under section 4(d) of the District 

of Columbia Statehood Constitutional Convention Initiatives of 1979 

(D.C. Law 3–171; D.C. Official Code, sec. 1–123). 

SEC. 810. Except as otherwise provided in this section, none 

of the funds made available by this Act or by any other Act may 

be used to provide any officer or employee of the District of 

Columbia with an official vehicle unless the officer or employee 

uses the vehicle only in the performance of the officer’s or employee’s 

official duties. For purposes of this section, the term ‘‘official duties’’ 

does not include travel between the officer’s or employee’s residence 

and workplace, except in the case of— 

(1) an officer or employee of the Metropolitan Police Department who resides in the District of Columbia or a District 

of Columbia government employee as may otherwise be designated by the Chief of the Department; 

(2) at the discretion of the Fire Chief, an officer or employee 

of the District of Columbia Fire and Emergency Medical Services Department who resides in the District of Columbia and 

is on call 24 hours a day or is otherwise designated by the 

Fire Chief; 

(3) at the discretion of the Director of the Department 

of Corrections, an officer or employee of the District of Columbia 

Department of Corrections who resides in the District of 

Columbia and is on call 24 hours a day or is otherwise designated by the Director; 

(4) the Mayor of the District of Columbia; and 

(5) the Chairman of the Council of the District of Columbia. 

SEC. 811. (a) None of the Federal funds contained in this 

Act may be used by the District of Columbia Attorney General 

or any other officer or entity of the District government to provide 

assistance for any petition drive or civil action which seeks to 

require Congress to provide for voting representation in Congress 

for the District of Columbia. 

(b) Nothing in this section bars the District of Columbia 

Attorney General from reviewing or commenting on briefs in private 

lawsuits, or from consulting with officials of the District government 

regarding such lawsuits. 

SEC. 812. None of the Federal funds contained in this Act 

may be used for any program of distributing sterile needles or 

syringes for the hypodermic injection of any illegal drug. 

SEC. 813. Nothing in this Act may be construed to prevent 

the Council or Mayor of the District of Columbia from addressing 

the issue of the provision of contraceptive coverage by health insurance plans, but it is the intent of Congress that any legislation 

enacted on such issue should include a ‘‘conscience clause’’ which 

provides exceptions for religious beliefs and moral convictions. 

SEC. 814. (a) Notwithstanding section 615(i)(3)(B) of the Individuals With Disabilities Education Act (20 U.S.C. 1415(i)(3)(B)), none 

of the funds contained in this Act or in any other Act making 

appropriations for the government of the District of Columbia for 

fiscal year 2009 or any succeeding fiscal year may be made available— 

(1) to pay the fees of an attorney who represents a party 

in or defends an IDEA proceeding which was initiated prior 

to the date of the enactment of this Act in an amount in 

excess of $4,000 for that proceeding; or 

Contraceptives. 

Conscience 

exceptions. 

Needle 

distribution. 

Voting rights. 


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123 STAT. 698 PUBLIC LAW 111–8—MAR. 11, 2009 

(2) to pay the fees of an attorney or firm who represents 

a party in or defends an IDEA proceeding if the Chief Financial 

Officer of the District of Columbia determines that the attorney 

or firm has a pecuniary interest (either directly or through 

an attorney, officer, or employee of the firm) in any special 

education diagnostic services or schools or other special education service providers. 

(b) In this section, the term ‘‘IDEA proceeding’’ means any 

action or administrative proceeding (including any ensuing or 

related proceedings before a court of competent jurisdiction) brought 

against the District of Columbia Public Schools under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.). 

SEC. 815. The Mayor of the District of Columbia shall submit 

to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Oversight and Government 

Reform of the House of Representatives, and the Committee on 

Homeland Security and Governmental Affairs of the Senate annual 

reports addressing— 

(1) crime, including the homicide rate, implementation of 

community policing, the number of police officers on local beats, 

and the closing down of open-air drug markets; 

(2) access to substance and alcohol abuse treatment, 

including the number of treatment slots, the number of people 

served, the number of people on waiting lists, and the effectiveness of treatment programs, the retention rates in treatment 

programs, and the recidivism/re-arrest rates for treatment 

participants; 

(3) management of parolees and pre-trial violent offenders, 

including the number of halfway houses escapes and steps 

taken to improve monitoring and supervision of halfway house 

residents to reduce the number of escapes to be provided in 

consultation with the Court Services and Offender Supervision 

Agency for the District of Columbia; 

(4) education, including access to special education services 

and student achievement to be provided in consultation with 

the District of Columbia Public Schools and the District of 

Columbia public charter schools, repeated grade rates, high 

school graduation rates, post-secondary education attendance 

rates, and teen pregnancy rates; 

(5) improvement in basic District services, including rat 

control and abatement; 

(6) application for and management of Federal grants, 

including the number and type of grants for which the District 

was eligible but failed to apply and the number and type 

of grants awarded to the District but for which the District 

failed to spend the amounts received; 

(7) indicators of child and family well-being including child 

living arrangements by family structure, number of children 

aging out of foster care, poverty rates by family structure, 

crime by family structure, marriage rates by income quintile, 

and out-of-wedlock births; and 

(8) employment, including job status and participation in 

assistance programs by income, education and family structure. 

SEC. 816. Beginning in fiscal year 2009 and each fiscal year 

thereafter, the amount appropriated to the District of Columbia 

may be increased by no more than $100,000,000 from funds identified in the annual comprehensive annual financial report as the 

Effective dates. 

Reports. 

Definitions. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 699 

District’s immediately preceding fiscal year’s unexpended general 

fund surplus. The District may obligate and expend these amounts 

only in accordance with the following conditions: 

(1) The Chief Financial Officer of the District of Columbia 

shall certify that the use of any such amounts is not anticipated 

to have a negative impact on the District’s long-term financial, 

fiscal, and economic vitality. 

(2) The District of Columbia may only use these funds 

for the following expenditures: 

(A) One-time expenditures. 

(B) Expenditures to avoid deficit spending. 

(C) Debt Reduction. 

(D) Program needs. 

(E) Expenditures to avoid revenue shortfalls. 

(3) The amounts shall be obligated and expended in accordance with laws enacted by the Council in support of each 

such obligation or expenditure. 

(4) The amounts may not be used to fund the agencies 

of the District of Columbia government under court ordered 

receivership. 

(5) The amounts may not be obligated or expended unless 

the Mayor notifies the Committees on Appropriations of the 

House of Representatives and the Senate not fewer than 30 

days in advance of the obligation or expenditure. 

SEC. 817. (a) Beginning in fiscal year 2009 and each fiscal 

year thereafter, consistent with revenue collections, the amount 

appropriated as District of Columbia Funds may be increased— 

(1) by an aggregate amount of not more than 25 percent, 

in the case of amounts proposed to be allocated as ‘‘OtherType Funds’’ in the annual Proposed Budget and Financial 

Plan submitted to Congress by the District of Columbia; and 

(2) by an aggregate amount of not more than 6 percent, 

in the case of any other amounts proposed to be allocated 

in such Proposed Budget and Financial Plan. 

(b) The District of Columbia may obligate and expend any 

increase in the amount of funds authorized under this section 

only in accordance with the following conditions: 

(1) The Chief Financial Officer of the District of Columbia 

shall certify— 

(A) the increase in revenue; and 

(B) that the use of the amounts is not anticipated 

to have a negative impact on the long-term financial, fiscal, 

or economic health of the District. 

(2) The amounts shall be obligated and expended in accordance with laws enacted by the Council of the District of 

Columbia in support of each such obligation and expenditure, 

consistent with the requirements of this Act. 

(3) The amounts may not be used to fund any agencies 

of the District government operating under court-ordered 

receivership. 

(4) The amounts may not be obligated or expended unless 

the Mayor has notified the Committees on Appropriations of 

the House of Representatives and the Senate not fewer than 

30 days in advance of the obligation or expenditure. 

SEC. 818. Beginning in fiscal year 2009 and each fiscal year 

thereafter, the Chief Financial Officer for the District of Columbia 

may, for the purpose of cash flow management, conduct shortEffective dates. 

Loans. 

Notification. 

Deadline. 

Certification. 

Effective dates. 

Notification. 

Deadline. 

Certification. 


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123 STAT. 700 PUBLIC LAW 111–8—MAR. 11, 2009 

term borrowing from the emergency reserve fund and from the 

contingency reserve fund established under section 450A of the 

District of Columbia Home Rule Act (Public Law 93–198): Provided, That the amount borrowed shall not exceed 50 percent of the 

total amount of funds contained in both the emergency and contingency reserve funds at the time of borrowing: Provided further, 

That the borrowing shall not deplete either fund by more than 

50 percent: Provided further, That 100 percent of the funds borrowed shall be replenished within 9 months of the time of the 

borrowing or by the end of the fiscal year, whichever occurs earlier: 

Provided further, That in the event that short-term borrowing has 

been conducted and the emergency or the contingency reserve funds 

are later depleted below 50 percent as a result of an emergency 

or contingency, an amount equal to the amount necessary to restore 

reserve levels to 50 percent of the total amount of funds contained 

in both the emergency and contingency reserve fund must be replenished from the amount borrowed within 60 days. 

SEC. 819. (a) None of the funds contained in this Act may 

be used to enact or carry out any law, rule, or regulation to legalize 

or otherwise reduce penalties associated with the possession, use, 

or distribution of any schedule I substance under the Controlled 

Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols 

derivative. 

(b) The Legalization of Marijuana for Medical Treatment Initiative of 1998, also known as Initiative 59, approved by the electors 

of the District of Columbia on November 3, 1998, shall not take 

effect. 

SEC. 820. None of the funds appropriated under this Act shall 

be expended for any abortion except where the life of the mother 

would be endangered if the fetus were carried to term or where 

the pregnancy is the result of an act of rape or incest. 

SEC. 821. Amounts appropriated in this Act as operating funds 

may be transferred to the District of Columbia’s enterprise and 

capital funds and such amounts, once transferred shall retain appropriation authority consistent with the provisions of this Act. 

SEC. 822. (a) INCREASE IN THE HOURLY RATE FOR ATTORNEYS

REPRESENTING INDIGENT DEFENDANTS IN THE DISTRICT OF

COLUMBIA COURTS.—Section 11–2604(a), District of Columbia Official Code, is amended by striking ‘‘$80 per hour’’ and inserting 

‘‘$90 per hour’’. 

(b) SPECIAL RULE FOR COMPENSATION OF ATTORNEYS IN

NEGLECT AND TERMINATION OF PARENTAL RIGHTS PROCEEDINGS.— 

Section 16–2326.01(b), District of Columbia Official Code, is 

amended— 

(1) in paragraph (1), by striking ‘‘$1,760’’ and inserting 

‘‘$1,980’’; 

(2) in paragraph (2), by striking ‘‘$1,760’’ and inserting 

‘‘$1,980’’; 

(3) in paragraph (3), by striking ‘‘$2,400’’ and inserting 

‘‘$2,700’’; and 

(4) in paragraph (4), by striking ‘‘$1,200’’ and inserting 

‘‘$1,350’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply with respect to cases and proceedings initiated on or 

after the date of enactment of this Act. 

SEC. 823. Section 2 of the Act entitled ‘‘An Act Relative to 

the control of wharf property and certain public spaces in the 

Abortion. 

Drugs and drug 

abuse. 

Deadline. 

Deadlines. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 701 

District of Columbia’’, approved March 3, 1899 (sec. 10–501.02(a), 

D.C. Official Code) is amended by striking the last sentence. 

SEC. 824. Except as expressly provided otherwise, any reference 

to ‘‘this Act’’ contained in this title or in title IV shall be treated 

as referring only to the provisions of this title or of title IV. 

This division may be cited as the ‘‘Financial Services and General Government Appropriations Act, 2009’’. 

DIVISION E—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 

2009 

TITLE I 

DEPARTMENT OF THE INTERIOR 

BUREAU OF LAND MANAGEMENT

MANAGEMENT OF LANDS AND RESOURCES

For necessary expenses for protection, use, improvement, 

development, disposal, cadastral surveying, classification, acquisition of easements and other interests in lands, and performance 

of other functions, including maintenance of facilities, as authorized 

by law, in the management of lands and their resources under 

the jurisdiction of the Bureau of Land Management, including the 

general administration of the Bureau, and assessment of mineral 

potential of public lands pursuant to Public Law 96–487 (16 U.S.C. 

3150(a)), $890,194,000, to remain available until expended, of which 

not to exceed $79,478,000 is available for oil and gas management; 

and of which $1,500,000 is for high priority projects, to be carried 

out by the Youth Conservation Corps; and of which $3,000,000 

shall be available in fiscal year 2009 subject to a match by at 

least an equal amount by the National Fish and Wildlife Foundation 

for cost-shared projects supporting conservation of Bureau lands; 

and such funds shall be advanced to the Foundation as a lump 

sum grant without regard to when expenses are incurred. 

In addition, $36,400,000 is for the processing of applications 

for permit to drill and related use authorizations, to remain available until expended, to be reduced by amounts collected by the 

Bureau and credited to this appropriation that shall be derived 

from $4,000 per new application for permit to drill that the Bureau 

shall collect upon submission of each new application, and in addition, $34,696,000 is for Mining Law Administration program operations, including the cost of administering the mining claim fee 

program; to remain available until expended, to be reduced by 

amounts collected by the Bureau and credited to this appropriation 

from annual mining claim fees so as to result in a final appropriation estimated at not more than $890,194,000, and $2,000,000, 

to remain available until expended, from communication site rental 

fees established by the Bureau for the cost of administering communication site activities. 

CONSTRUCTION

For construction of buildings, recreation facilities, roads, trails, 

and appurtenant facilities, $6,590,000, to remain available until 

expended. 

Department of 

the Interior, 

Environment, 

and Related 

Agencies 

Appropriations 

Act, 2009. 


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123 STAT. 702 PUBLIC LAW 111–8—MAR. 11, 2009 

LAND ACQUISITION

For expenses necessary to carry out sections 205, 206, and 

318(d) of Public Law 94–579, including administrative expenses 

and acquisition of lands or waters, or interests therein, $14,775,000, 

to be derived from the Land and Water Conservation Fund and 

to remain available until expended. 

OREGON AND CALIFORNIA GRANT LANDS

For expenses necessary for management, protection, and 

development of resources and for construction, operation, and 

maintenance of access roads, reforestation, and other improvements 

on the revested Oregon and California Railroad grant lands, on 

other Federal lands in the Oregon and California land-grant counties of Oregon, and on adjacent rights-of-way; and acquisition of 

lands or interests therein, including existing connecting roads on 

or adjacent to such grant lands; $109,949,000, to remain available 

until expended: Provided, That 25 percent of the aggregate of all 

receipts during the current fiscal year from the revested Oregon 

and California Railroad grant lands is hereby made a charge against 

the Oregon and California land-grant fund and shall be transferred 

to the General Fund in the Treasury in accordance with the second 

paragraph of subsection (b) of title II of the Act of August 28, 

1937 (50 Stat. 876). 

FOREST ECOSYSTEM HEALTH AND RECOVERY FUND

(REVOLVING FUND, SPECIAL ACCOUNT) 

In addition to the purposes authorized in Public Law 102– 

381, funds made available in the Forest Ecosystem Health and 

Recovery Fund can be used for the purpose of planning, preparing, 

implementing and monitoring salvage timber sales and forest ecosystem health and recovery activities, such as release from competing vegetation and density control treatments. The Federal share 

of receipts (defined as the portion of salvage timber receipts not 

paid to the counties under 43 U.S.C. 1181f and 43 U.S.C. 1181f– 

1 et seq., and Public Law 106–393) derived from treatments funded 

by this account shall be deposited into the Forest Ecosystem Health 

and Recovery Fund. 

RANGE IMPROVEMENTS

For rehabilitation, protection, and acquisition of lands and 

interests therein, and improvement of Federal rangelands pursuant 

to section 401 of the Federal Land Policy and Management Act 

of 1976 (43 U.S.C. 1701), notwithstanding any other Act, sums 

equal to 50 percent of all moneys received during the prior fiscal 

year under sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. 

315 et seq.) and the amount designated for range improvements 

from grazing fees and mineral leasing receipts from BankheadJones lands transferred to the Department of the Interior pursuant 

to law, but not less than $10,000,000, to remain available until 

expended: Provided, That not to exceed $600,000 shall be available 

for administrative expenses. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 703 

SERVICE CHARGES, DEPOSITS, AND FORFEITURES

For administrative expenses and other costs related to processing application documents and other authorizations for use and 

disposal of public lands and resources, for costs of providing copies 

of official public land documents, for monitoring construction, operation, and termination of facilities in conjunction with use 

authorizations, and for rehabilitation of damaged property, such 

amounts as may be collected under Public Law 94–579, as amended, 

and Public Law 93–153, to remain available until expended: Provided, That, notwithstanding any provision to the contrary of section 

305(a) of Public Law 94–579 (43 U.S.C. 1735(a)), any moneys that 

have been or will be received pursuant to that section, whether 

as a result of forfeiture, compromise, or settlement, if not appropriate for refund pursuant to section 305(c) of that Act (43 U.S.C. 

1735(c)), shall be available and may be expended under the 

authority of this Act by the Secretary to improve, protect, or 

rehabilitate any public lands administered through the Bureau 

of Land Management which have been damaged by the action 

of a resource developer, purchaser, permittee, or any unauthorized 

person, without regard to whether all moneys collected from each 

such action are used on the exact lands damaged which led to 

the action: Provided further, That any such moneys that are in 

excess of amounts needed to repair damage to the exact land 

for which funds were collected may be used to repair other damaged 

public lands. 

MISCELLANEOUS TRUST FUNDS

In addition to amounts authorized to be expended under 

existing laws, there is hereby appropriated such amounts as may 

be contributed under section 307 of the Act of October 21, 1976 

(43 U.S.C. 1701), and such amounts as may be advanced for 

administrative costs, surveys, appraisals, and costs of making 

conveyances of omitted lands under section 211(b) of that Act, 

to remain available until expended. 

PAYMENTS FROM PROCEEDS, SALE OF WATER

(RESCISSION) 

The unobligated balances available under this heading on the 

date of enactment of this Act are permanently rescinded. 

USE OF RECEIPTS FROM MINERAL LEASING ACTIVITIES ON CERTAIN

NAVAL OIL SHALE RESERVES

(RESCISSION) 

Of the unobligated balances available under this heading, 

$12,996,000 are permanently rescinded. 

ADMINISTRATIVE PROVISIONS

Appropriations for the Bureau of Land Management (BLM) 

shall be available for purchase, erection, and dismantlement of 

temporary structures, and alteration and maintenance of necessary 

buildings and appurtenant facilities to which the United States 

has title; up to $100,000 for payments, at the discretion of the 

Secretary, for information or evidence concerning violations of laws 

43 USC 1735 

note. 


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123 STAT. 704 PUBLIC LAW 111–8—MAR. 11, 2009 

administered by the Bureau; miscellaneous and emergency expenses 

of enforcement activities authorized or approved by the Secretary 

and to be accounted for solely on the Secretary’s certificate, not 

to exceed $10,000: Provided, That notwithstanding 44 U.S.C. 501, 

the Bureau may, under cooperative cost-sharing and partnership 

arrangements authorized by law, procure printing services from 

cooperators in connection with jointly produced publications for 

which the cooperators share the cost of printing either in cash 

or in services, and the Bureau determines the cooperator is capable 

of meeting accepted quality standards: Provided further, That 

projects to be funded pursuant to a written commitment by a 

State government to provide an identified amount of money in 

support of the project may be carried out by the Bureau on a 

reimbursable basis. 

In fiscal year 2009 and each fiscal year thereafter, the Bureau 

of Land Management shall collect mining law administration fees; 

such fees shall be collected in the same manner as those authorized 

by 30 U.S.C. 28f and 28g only to the extent provided in advance 

in appropriations Acts. 

The provisions of law codified at sections 28f(a) and 28g of 

title 30, United States Code, are amended to remove the modifications made under the heading ‘‘administrative provisions’’, under 

the heading ‘‘Bureau of Land Management’’ in title I of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2008 (division F of Public Law 110–161; 121 Stat. 2101). 

Sums not to exceed 1 percent of the total value of procurements 

received by the Bureau of Land Management from vendors under 

enterprise information technology-procurements that the Department of the Interior and other Federal Government agencies may 

use to order information technology hereafter may be deposited 

into the Management of Lands and Resources account to offset 

costs incurred in conducting the procurement. 

UNITED STATES FISH AND WILDLIFE SERVICE

RESOURCE MANAGEMENT

For necessary expenses of the United States Fish and Wildlife 

Service, as authorized by law, and for scientific and economic 

studies, maintenance of the herd of long-horned cattle on the 

Wichita Mountains Wildlife Refuge, general administration, and 

for the performance of other authorized functions related to such 

resources by direct expenditure, contracts, grants, cooperative agreements and reimbursable agreements with public and private entities, $1,140,962,000, to remain available until September 30, 2010 

except as otherwise provided herein: Provided, That $2,500,000 

is for high priority projects, which shall be carried out by the 

Youth Conservation Corps: Provided further, That not to exceed 

$19,266,000 shall be used for implementing subsections (a), (b), 

(c), and (e) of section 4 of the Endangered Species Act, as amended, 

for species that are indigenous to the United States (except for 

processing petitions, developing and issuing proposed and final 

regulations, and taking any other steps to implement actions 

described in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of which 

not to exceed $10,458,000 shall be used for any activity regarding 

the designation of critical habitat, pursuant to subsection (a)(3), 

excluding litigation support, for species listed pursuant to subsection 

43 USC 1474f. 

Fees. 

30 USC 28l. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 705 

(a)(1) prior to October 1, 2008: Provided further, That of the amount 

available for law enforcement, up to $400,000, to remain available 

until expended, may at the discretion of the Secretary be used 

for payment for information, rewards, or evidence concerning violations of laws administered by the Service, and miscellaneous and 

emergency expenses of enforcement activity, authorized or approved 

by the Secretary and to be accounted for solely on the Secretary’s 

certificate: Provided further, That of the amount provided for 

environmental contaminants, up to $1,000,000 may remain available until expended for contaminant sample analyses. 

CONSTRUCTION

(INCLUDING RESCISSION OF FUNDS) 

For construction, improvement, acquisition, or removal of 

buildings and other facilities required in the conservation, management, investigation, protection, and utilization of fishery and wildlife resources, and the acquisition of lands and interests therein; 

$35,587,000, to remain available until expended: Provided, That 

of the unobligated balances made available in Public Law 101– 

512 to carry out the Anadromous Fish Conservation Act, all 

remaining amounts are permanently rescinded. 

LAND ACQUISITION

For expenses necessary to carry out the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l–4 through 

11), including administrative expenses, and for acquisition of land 

or waters, or interest therein, in accordance with statutory authority 

applicable to the United States Fish and Wildlife Service, 

$42,455,000, to be derived from the Land and Water Conservation 

Fund and to remain available until expended, of which, notwithstanding 16 U.S.C. 460l–9, not more than $1,500,000 shall be for 

land conservation partnerships authorized by the Highlands Conservation Act of 2004: Provided, That none of the funds appropriated 

for specific land acquisition projects can be used to pay for any 

administrative overhead, planning or other management costs. 

COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND

(INCLUDING RESCISSION OF FUNDS) 

For expenses necessary to carry out section 6 of the Endangered 

Species Act of 1973 (16 U.S.C. 1531 et seq.), as amended, 

$80,001,000, to remain available until expended, of which 

$25,307,000 is to be derived from the Cooperative Endangered 

Species Conservation Fund, of which $5,145,706 shall be for the 

Idaho Salmon and Clearwater River Basins Habitat Account pursuant to the Snake River Water Rights Act of 2004; and of which 

$54,694,000 is to be derived from the Land and Water Conservation 

Fund: Provided, That of the unobligated balances available under 

this heading, $4,500,000 are permanently rescinded. 

NATIONAL WILDLIFE REFUGE FUND

For expenses necessary to implement the Act of October 17, 

1978 (16 U.S.C. 715s), $14,100,000. 


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NORTH AMERICAN WETLANDS CONSERVATION FUND

For expenses necessary to carry out the provisions of the North 

American Wetlands Conservation Act, as amended (16 U.S.C. 4401– 

4414), $42,647,000, to remain available until expended. 

NEOTROPICAL MIGRATORY BIRD CONSERVATION

For expenses necessary to carry out the Neotropical Migratory 

Bird Conservation Act, as amended, (16 U.S.C. 6101 et seq.), 

$4,750,000, to remain available until expended. 

MULTINATIONAL SPECIES CONSERVATION FUND

For expenses necessary to carry out the African Elephant Conservation Act (16 U.S.C. 4201–4203, 4211–4214, 4221–4225, 4241– 

4246, and 1538), the Asian Elephant Conservation Act of 1997 

(16 U.S.C. 4261–4266), the Rhinoceros and Tiger Conservation Act 

of 1994 (16 U.S.C. 5301–5306), the Great Ape Conservation Act 

of 2000 (16 U.S.C. 6301–6305), and the Marine Turtle Conservation 

Act of 2004 (16 U.S.C. 6601–6606), $10,000,000, to remain available 

until expended. 

STATE AND TRIBAL WILDLIFE GRANTS

For wildlife conservation grants to States and to the District 

of Columbia, Puerto Rico, Guam, the United States Virgin Islands, 

the Northern Mariana Islands, American Samoa, and federallyrecognized Indian tribes under the provisions of the Fish and Wildlife Act of 1956 and the Fish and Wildlife Coordination Act, for 

the development and implementation of programs for the benefit 

of wildlife and their habitat, including species that are not hunted 

or fished, $75,000,000, to remain available until expended: Provided, 

That of the amount provided herein, $7,000,000 is for a competitive 

grant program for Indian tribes not subject to the remaining provisions of this appropriation: Provided further, That $5,000,000 is 

for a competitive grant program for States, territories, and other 

jurisdictions with approved plans, not subject to the remaining 

provisions of this appropriation: Provided further, That the Secretary shall, after deducting $11,106,000 and administrative 

expenses, apportion the amount provided herein in the following 

manner: (1) to the District of Columbia and to the Commonwealth 

of Puerto Rico, each a sum equal to not more than one-half of 

1 percent thereof; and (2) to Guam, American Samoa, the United 

States Virgin Islands, and the Commonwealth of the Northern 

Mariana Islands, each a sum equal to not more than one-fourth 

of 1 percent thereof: Provided further, That the Secretary shall 

apportion the remaining amount in the following manner: (1) onethird of which is based on the ratio to which the land area of 

such State bears to the total land area of all such States; and 

(2) two-thirds of which is based on the ratio to which the population 

of such State bears to the total population of all such States: 

Provided further, That the amounts apportioned under this paragraph shall be adjusted equitably so that no State shall be apportioned a sum which is less than 1 percent of the amount available 

for apportionment under this paragraph for any fiscal year or 

more than 5 percent of such amount: Provided further, That the 

Federal share of planning grants shall not exceed 75 percent of 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 707 

the total costs of such projects and the Federal share of implementation grants shall not exceed 50 percent of the total costs of such 

projects: Provided further, That the non-Federal share of such 

projects may not be derived from Federal grant programs: Provided 

further, That no State, territory, or other jurisdiction shall receive 

a grant if its comprehensive wildlife conservation plan is disapproved and such funds that would have been distributed to such 

State, territory, or other jurisdiction shall be distributed equitably 

to States, territories, and other jurisdictions with approved plans: 

Provided further, That any amount apportioned in 2009 to any 

State, territory, or other jurisdiction that remains unobligated as 

of September 30, 2010, shall be reapportioned, together with funds 

appropriated in 2011, in the manner provided herein. 

WILDLIFE CONSERVATION AND APPRECIATION FUND

(RESCISSION) 

Of the unobligated balances available under this heading from 

prior year appropriations, all remaining amounts are permanently 

rescinded. 

ADMINISTRATIVE PROVISIONS

Appropriations and funds available to the United States Fish 

and Wildlife Service shall be available for repair of damage to 

public roads within and adjacent to reservation areas caused by 

operations of the Service; options for the purchase of land at not 

to exceed $1 for each option; facilities incident to such public recreational uses on conservation areas as are consistent with their 

primary purpose; and the maintenance and improvement of aquaria, 

buildings, and other facilities under the jurisdiction of the Service 

and to which the United States has title, and which are used 

pursuant to law in connection with management, and investigation 

of fish and wildlife resources: Provided, That notwithstanding 44 

U.S.C. 501, the Service may, under cooperative cost sharing and 

partnership arrangements authorized by law, procure printing services from cooperators in connection with jointly produced publications for which the cooperators share at least one-half the cost 

of printing either in cash or services and the Service determines 

the cooperator is capable of meeting accepted quality standards: 

Provided further, That, notwithstanding any other provision of law, 

the Service may use up to $2,000,000 from funds provided for 

contracts for employment-related legal services: Provided further, 

That the Service may accept donated aircraft as replacements for 

existing aircraft. 

NATIONAL PARK SERVICE

OPERATION OF THE NATIONAL PARK SYSTEM

For expenses necessary for the management, operation, and 

maintenance of areas and facilities administered by the National 

Park Service (including expenses to carry out programs of the 

United States Park Police), and for the general administration 

of the National Park Service, $2,131,529,000, of which $9,851,000 

for planning and interagency coordination in support of Everglades 

restoration and $99,586,000 for maintenance, repair or rehabilitation projects for constructed assets, operation of the National Park 


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123 STAT. 708 PUBLIC LAW 111–8—MAR. 11, 2009 

Service automated facility management software system, and comprehensive facility condition assessments shall remain available 

until September 30, 2010. 

NATIONAL RECREATION AND PRESERVATION

For expenses necessary to carry out recreation programs, natural programs, cultural programs, heritage partnership programs, 

environmental compliance and review, international park affairs, 

statutory or contractual aid for other activities, and grant administration, not otherwise provided for, $59,684,000. 

HISTORIC PRESERVATION FUND

(INCLUDING TRANSFERS AND RESCISSION OF FUNDS) 

For expenses necessary in carrying out the Historic Preservation Act of 1966, as amended (16 U.S.C. 470), and the Omnibus 

Parks and Public Lands Management Act of 1996 (Public Law 

104–333), $69,500,000, to be derived from the Historic Preservation 

Fund and to remain available until September 30, 2010; of which 

$20,000,000 shall be for Save America’s Treasures for preservation 

of nationally significant sites, structures, and artifacts: Provided, That any individual Save America’s Treasures grant shall be 

matched by non-Federal funds; individual projects shall only be 

eligible for one grant; and all projects to be funded shall be approved 

by the Secretary of the Interior in consultation with the House 

and Senate Committees on Appropriations: Provided further, That 

Save America’s Treasures funds allocated for Federal projects, following approval, shall be available by transfer to appropriate 

accounts of individual agencies: Provided further, That of the unobligated balances in this account, $516,000 are permanently rescinded. 

CONSTRUCTION

(INCLUDING RESCISSION OF FUNDS) 

For construction, improvements, repair or replacement of physical facilities, including a portion of the expense for the modifications authorized by section 104 of the Everglades National Park 

Protection and Expansion Act of 1989, $233,158,000, to remain 

available until expended: Provided, That funds appropriated in 

this Act, or in any prior Act of Congress, for the implementation 

of the Modified Water Deliveries to Everglades National Park 

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

which shall, notwithstanding any other provision of law, immediately and without further delay construct or cause to be constructed Alternative 3.2.2.a to U.S. Highway 41 (the Tamiami Trail) 

consistent with the Limited Reevaluation Report with Integrated 

Environmental Assessment and addendum, approved August 2008: 

Provided further, That the Secretary of the Interior, acting through 

the National Park Service, is directed to immediately evaluate 

the feasibility of additional bridge length, beyond that to be constructed pursuant to the Modified Water Deliveries to Everglades 

National Park Project (16 U.S.C. § 410r–8), including a continuous 

bridge, or additional bridges or some combination thereof, for the 

Tamiami Trail (U.S. Highway 41) to restore more natural water 

flow to Everglades National Park and Florida Bay and for the 

purpose of restoring habitat within the Park and the ecological 

Study. 

Bridges. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 709 

connectivity between the Park and the Water Conservation Areas. 

The feasibility study and the recommendation of the Secretary 

shall be submitted to the Congress no later than 12 months from 

the date of enactment of this Act: Provided further, That for fiscal 

year 2009 and hereafter, fees paid by the National Park Service 

to the West Yellowstone/Hebgen Basin Solid Waste District will 

be restricted to operations and maintenance costs of the facility, 

given the capital contribution made by the National Park Service: 

Provided further, That, notwithstanding any other provision of law, 

a single procurement for the construction project at the Jefferson 

Memorial plaza and seawall in Washington, DC, may be issued 

which includes the full scope of the project: Provided further, That 

the solicitation and the contract shall contain the clause ‘‘availability of funds’’ found at 48 CFR 52.232.18: Provided further, 

That the National Park Service shall grant funds not to exceed 

$3,000,000 to the St. Louis Metropolitan Park and Recreation District for the purpose of planning and constructing a pedestrian 

bridge to provide safe visitor access to the Jefferson National Expansion Memorial Arch: Provided further, That the unobligated balances in the Federal Infrastructure Improvement Fund under this 

heading are permanently rescinded. 

LAND AND WATER CONSERVATION FUND

(RESCISSION) 

The contract authority provided for fiscal year 2009 by 16 

U.S.C. 460l–10a is rescinded. 

LAND ACQUISITION AND STATE ASSISTANCE

(INCLUDING RESCISSION OF FUNDS) 

For expenses necessary to carry out the Land and Water Conservation Act of 1965, as amended (16 U.S.C. 460l–4 through 11), 

including administrative expenses, and for acquisition of lands or 

waters, or interest therein, in accordance with the statutory 

authority applicable to the National Park Service, $65,190,000, 

to be derived from the Land and Water Conservation Fund and 

to remain available until expended, of which $20,000,000 is for 

the State assistance program and of which $4,000,000 is available 

for grants, subject to a match by at least an equal amount, to 

States, regional entities, local communities, and the private sector 

for cost-shared fee simple acquisition of land or permanent, protective interests in land, to preserve, conserve, and enhance nationally 

significant Civil War Battlefields: Provided, That of the unobligated 

balances under this heading for State Assistance, $1,000,000 are 

permanently rescinded. 

URBAN PARK AND RECREATION FUND

(RESCISSION) 

Of the unobligated balances available under this heading, 

$1,300,000 are rescinded. 

16 USC 460l–10a 

note. 

Study. 

Recommendation. 

Deadline. 


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123 STAT. 710 PUBLIC LAW 111–8—MAR. 11, 2009 

ADMINISTRATIVE PROVISIONS

In addition to other uses set forth in section 407(d) of Public 

Law 105–391, franchise fees credited to a sub-account shall be 

available for expenditure by the Secretary, without further appropriation, for use at any unit within the National Park System 

to extinguish or reduce liability for Possessory Interest or leasehold 

surrender interest. Such funds may only be used for this purpose 

to the extent that the benefiting unit anticipated franchise fee 

receipts over the term of the contract at that unit exceed the 

amount of funds used to extinguish or reduce liability. Franchise 

fees at the benefiting unit shall be credited to the sub-account 

of the originating unit over a period not to exceed the term of 

a single contract at the benefiting unit, in the amount of funds 

so expended to extinguish or reduce liability. 

For fiscal year 2009 and hereafter, a willing seller from whom 

the Service acquires title to real property may be considered a 

‘‘displaced person’’ for purposes of the Uniform Relocation Assistance and Real Property Acquisition Policy Act and its implementing 

regulations, whether or not the Service has the authority to acquire 

such property by eminent domain. 

For the costs of administration of the Land and Water Conservation Fund grants authorized by section 105(a)(2)(B) of the 

Gulf of Mexico Energy Security Act of 2006 (Public Law 109– 

432), the National Park Service may retain up to 3 percent of 

the amounts which are authorized to be disbursed under such 

section, such retained amounts to remain available until expended. 

Section 3(f) of the Act of August 21, 1935 (16 U.S.C. 463(f)), 

related to the National Park System Advisory Board, is amended 

in the first sentence by striking ‘‘2009’’ and inserting ‘‘2010’’. 

UNITED STATES GEOLOGICAL SURVEY

SURVEYS, INVESTIGATIONS, AND RESEARCH

For expenses necessary for the United States Geological Survey 

to perform surveys, investigations, and research covering topography, geology, hydrology, biology, and the mineral and water 

resources of the United States, its territories and possessions, and 

other areas as authorized by 43 U.S.C. 31, 1332, and 1340; classify 

lands as to their mineral and water resources; give engineering 

supervision to power permittees and Federal Energy Regulatory 

Commission licensees; administer the minerals exploration program 

(30 U.S.C. 641); conduct inquiries into the economic conditions 

affecting mining and materials processing industries (30 U.S.C. 

3, 21a, and 1603; 50 U.S.C. 98g(1)) and related purposes as authorized by law; and to publish and disseminate data relative to the 

foregoing activities; $1,043,803,000, to remain available until September 30, 2010, of which $64,078,000 shall be available only for 

cooperation with States or municipalities for water resources investigations; of which $40,150,000 shall remain available until 

expended for satellite operations; and of which $7,321,000 shall 

be available until expended for deferred maintenance and capital 

improvement projects that exceed $100,000 in cost: Provided, That 

none of the funds provided for the biological research activity shall 

be used to conduct new surveys on private property, unless specifically authorized in writing by the property owner: Provided further, 

43 USC 50. That no part of this appropriation shall be used to pay more 

42 USC 4601 

note. 


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than one-half the cost of topographic mapping or water resources 

data collection and investigations carried on in cooperation with 

States and municipalities. 

ADMINISTRATIVE PROVISIONS

From within the amount appropriated for activities of the 

United States Geological Survey such sums as are necessary shall 

be available for reimbursement to the General Services Administration for security guard services; contracting for the furnishing of 

topographic maps and for the making of geophysical or other specialized surveys when it is administratively determined that such procedures are in the public interest; construction and maintenance 

of necessary buildings and appurtenant facilities; acquisition of 

lands for gauging stations and observation wells; expenses of the 

United States National Committee on Geology; and payment of 

compensation and expenses of persons on the rolls of the Survey 

duly appointed to represent the United States in the negotiation 

and administration of interstate compacts: Provided, That activities 

funded by appropriations herein made may be accomplished through 

the use of contracts, grants, or cooperative agreements as defined 

in 31 U.S.C. 6302 et seq.: Provided further, That the United States 

Geological Survey may enter into contracts or cooperative agreements directly with individuals or indirectly with institutions or 

nonprofit organizations, without regard to 41 U.S.C. 5, for the 

temporary or intermittent services of students or recent graduates, 

who shall be considered employees for the purpose of chapters 

57 and 81 of title 5, United States Code, relating to compensation 

for travel and work injuries, and chapter 171 of title 28, United 

States Code, relating to tort claims, but shall not be considered 

to be Federal employees for any other purposes. 

MINERALS MANAGEMENT SERVICE

ROYALTY AND OFFSHORE MINERALS MANAGEMENT

For expenses necessary for minerals leasing and environmental 

studies, regulation of industry operations, and collection of royalties, 

as authorized by law; for enforcing laws and regulations applicable 

to oil, gas, and other minerals leases, permits, licenses and operating contracts; for energy-related or other authorized marinerelated purposes on the Outer Continental Shelf; and for matching 

grants or cooperative agreements, $157,373,000, to remain available 

until September 30, 2010, of which $86,684,000 shall be available 

for royalty management activities; and an amount not to exceed 

$146,730,000, to be credited to this appropriation and to remain 

available until expended, from additions to receipts resulting from 

increases to rates in effect on August 5, 1993, and from cost recovery 

fees: Provided, That in fiscal year 2009 and each fiscal year thereafter, fees and charges authorized by 31 U.S.C. 9701 may be collected only to the extent provided in advance in appropriations 

Acts: Provided further, That notwithstanding 31 U.S.C. 3302, in 

fiscal year 2009, such amounts as are assessed under 31 U.S.C. 

9701 shall be collected and credited to this account and shall 

be available until expended for necessary expenses: Provided further, That to the extent $146,730,000 in addition to receipts are 

not realized from the sources of receipts stated above, the amount 

needed to reach $146,730,000 shall be credited to this appropriation 

30 USC 1759. 


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123 STAT. 712 PUBLIC LAW 111–8—MAR. 11, 2009 

from receipts resulting from rental rates for Outer Continental 

Shelf leases in effect before August 5, 1993: Provided further, That 

the term ‘‘qualified Outer Continental Shelf revenues’’, as defined 

in section 102(9)(A) of the Gulf of Mexico Energy Security Act, 

division C of Public Law 109–432, shall include only the portion 

of rental revenues that would have been collected at the rental 

rates in effect before August 5, 1993: Provided further, That not 

to exceed $3,000 shall be available for reasonable expenses related 

to promoting volunteer beach and marine cleanup activities: Provided further, That notwithstanding any other provision of law, $15,000 under this heading shall be available for refunds of overpayments in connection with certain Indian leases in which the Director 

of MMS concurred with the claimed refund due, to pay amounts 

owed to Indian allottees or tribes, or to correct prior unrecoverable 

erroneous payments. 

OIL SPILL RESEARCH

For necessary expenses to carry out title I, section 1016, title 

IV, sections 4202 and 4303, title VII, and title VIII, section 8201 

of the Oil Pollution Act of 1990, $6,303,000, which shall be derived 

from the Oil Spill Liability Trust Fund, to remain available until 

expended. 

ADMINISTRATIVE PROVISION

Notwithstanding the provisions of section 35(b) of the Mineral 

Leasing Act, as amended (30 U.S.C. 191(b)), the Secretary shall 

deduct 2 percent from the amount payable to each State in fiscal 

year 2009 and deposit the amount deducted to miscellaneous 

receipts of the Treasury. 

OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

REGULATION AND TECHNOLOGY

For necessary expenses to carry out the provisions of the Surface Mining Control and Reclamation Act of 1977, Public Law 

95–87, as amended, $120,156,000, to remain available until September 30, 2010: Provided, That, in fiscal year 2009 and thereafter, 

the Secretary of the Interior, pursuant to regulations, may use 

directly or through grants to States, moneys collected for civil 

penalties assessed under section 518 of the Surface Mining Control 

and Reclamation Act of 1977 (30 U.S.C. 1268), to reclaim lands 

adversely affected by coal mining practices after August 3, 1977, 

to remain available until expended: Provided further, That appropriations for the Office of Surface Mining Reclamation and Enforcement may provide for the travel and per diem expenses of State 

and tribal personnel attending Office of Surface Mining Reclamation 

and Enforcement sponsored training. 

ABANDONED MINE RECLAMATION FUND

(INCLUDING RESCISSION OF FUNDS) 

For necessary expenses to carry out title IV of the Surface 

Mining Control and Reclamation Act of 1977, Public Law 95–87, 

as amended, $52,946,000, to be derived from receipts of the Abandoned Mine Reclamation Fund and to remain available until 

30 USC 1211 

note. 

30 USC 1308a. 

Definition. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 713 

expended: Provided, That pursuant to Public Law 97–365, the 

Department of the Interior is authorized to use up to 20 percent 

from the recovery of the delinquent debt owed to the United States 

Government to pay for contracts to collect these debts: Provided 

further, That in fiscal year 2009 and hereafter, the State of Mary- land may set aside the greater of $1,000,000 or 10 percent of 

the total of the grants made available to the State under title 

IV of the Act, if the amount set aside is deposited in an acid 

mine drainage abatement and treatment fund established under 

a State law, pursuant to which law the amount, together with 

all interest earned on the amount, is expended by the State to 

undertake acid mine drainage abatement and treatment projects, 

except that before any amounts greater than 10 percent of its 

title IV grants are deposited in an acid mine drainage abatement 

and treatment fund, the State of Maryland must first complete 

all Surface Mining Control and Reclamation Act priority one 

projects: Provided further, That of the unobligated balances avail- able under this heading, $8,500,000 are permanently rescinded: 

Provided further, That amounts provided under this heading may 

be used for the travel and per diem expenses of State and tribal 

personnel attending Office of Surface Mining Reclamation and 

Enforcement sponsored training. 

ADMINISTRATIVE PROVISION

With funds available for the Technical Innovation and Professional Services program in this Act, the Secretary may transfer 

title for computer hardware, software and other technical equipment 

to State and tribal regulatory and reclamation programs. 

BUREAU OF INDIAN AFFAIRS

OPERATION OF INDIAN PROGRAMS

(INCLUDING TRANSFER OF FUNDS) 

For expenses necessary for the operation of Indian programs, 

as authorized by law, including the Snyder Act of November 2, 

1921 (25 U.S.C. 13), the Indian Self-Determination and Education 

Assistance Act of 1975 (25 U.S.C. 450 et seq.), as amended, the 

Education Amendments of 1978 (25 U.S.C. 2001–2019), and the 

Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.), 

as amended, $2,128,630,000, to remain available until September 

30, 2010 except as otherwise provided herein; of which not to 

exceed $8,500 may be for official reception and representation 

expenses; of which not to exceed $74,915,000 shall be for welfare 

assistance payments: Provided, That in cases of designated Federal 

disasters, the Secretary may exceed such cap, from the amounts 

provided herein, to provide for disaster relief to Indian communities 

affected by the disaster; notwithstanding any other provision of 

law, including but not limited to the Indian Self-Determination 

Act of 1975, as amended, not to exceed $147,294,000 shall be 

available for payments for contract support costs associated with 

ongoing contracts, grants, compacts, or annual funding agreements 

entered into with the Bureau prior to or during fiscal year 2009, 

as authorized by such Act, except that tribes and tribal organizations may use their tribal priority allocations for unmet contract 

support costs of ongoing contracts, grants, or compacts, or annual 


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123 STAT. 714 PUBLIC LAW 111–8—MAR. 11, 2009 

funding agreements and for unmet welfare assistance costs; of 

which not to exceed $499,470,000 for school operations costs of 

Bureau-funded schools and other education programs shall become 

available on July 1, 2009, and shall remain available until September 30, 2010; and of which not to exceed $58,623,000 shall 

remain available until expended for housing improvement, road 

maintenance, attorney fees, litigation support, the Indian SelfDetermination Fund, land records improvement, and the NavajoHopi Settlement Program: Provided further, That notwithstanding 

any other provision of law, including but not limited to the Indian 

Self-Determination Act of 1975, as amended, and 25 U.S.C. 2008, 

not to exceed $43,373,000 within and only from such amounts 

made available for school operations shall be available for administrative cost grants associated with ongoing grants entered into 

with the Bureau prior to or during fiscal year 2008 for the operation 

of Bureau-funded schools, and up to $500,000 within and only 

from such amounts made available for administrative cost grants 

shall be available for the transitional costs of initial administrative 

cost grants to grantees that assume operation on or after July 

1, 2008, of Bureau-funded schools: Provided further, That any forestry funds allocated to a tribe which remain unobligated as of 

September 30, 2010, may be transferred during fiscal year 2011 

to an Indian forest land assistance account established for the 

benefit of the holder of the funds within the holder’s trust fund 

account: Provided further, That any such unobligated balances not 

so transferred shall expire on September 30, 2011. 

CONSTRUCTION

(INCLUDING TRANSFER OF FUNDS) 

For construction, repair, improvement, and maintenance of 

irrigation and power systems, buildings, utilities, and other facilities, including architectural and engineering services by contract; 

acquisition of lands, and interests in lands; and preparation of 

lands for farming, and for construction of the Navajo Indian Irrigation Project pursuant to Public Law 87–483, $217,688,000, to remain 

available until expended: Provided, That such amounts as may 

be available for the construction of the Navajo Indian Irrigation 

Project may be transferred to the Bureau of Reclamation: Provided 

further, That not to exceed 6 percent of contract authority available 

to the Bureau of Indian Affairs from the Federal Highway Trust 

Fund may be used to cover the road program management costs 

of the Bureau: Provided further, That any funds provided for the 

Safety of Dams program pursuant to 25 U.S.C. 13 shall be made 

available on a nonreimbursable basis: Provided further, That for 

fiscal year 2009, in implementing new construction or facilities 

improvement and repair project grants in excess of $100,000 that 

are provided to grant schools under Public Law 100–297, as 

amended, the Secretary of the Interior shall use the Administrative 

and Audit Requirements and Cost Principles for Assistance Programs contained in 43 CFR part 12 as the regulatory requirements: 

Provided further, That such grants shall not be subject to section 

12.61 of 43 CFR; the Secretary and the grantee shall negotiate 

and determine a schedule of payments for the work to be performed: 

Provided further, That in considering grant applications, the Secretary shall consider whether such grantee would be deficient in 

assuring that the construction projects conform to applicable 

Negotiation. 

Expiration date. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 715 

building standards and codes and Federal, tribal, or State health 

and safety standards as required by 25 U.S.C. 2005(b), with respect 

to organizational and financial management capabilities: Provided 

further, That if the Secretary declines a grant application, the 

Secretary shall follow the requirements contained in 25 U.S.C. 

2504(f): Provided further, That any disputes between the Secretary 

and any grantee concerning a grant shall be subject to the disputes 

provision in 25 U.S.C. 2507(e): Provided further, That in order 

to ensure timely completion of construction projects, the Secretary 

may assume control of a project and all funds related to the project, 

if, within eighteen months of the date of enactment of this Act, 

any grantee receiving funds appropriated in this Act or in any 

prior Act, has not completed the planning and design phase of 

the project and commenced construction: Provided further, That 

this appropriation may be reimbursed from the Office of the Special 

Trustee for American Indians appropriation for the appropriate 

share of construction costs for space expansion needed in agency 

offices to meet trust reform implementation. 

INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS

PAYMENTS TO INDIANS

For payments and necessary administrative expenses for 

implementation of Indian land and water claim settlements pursuant to Public Laws 99–264, 100–580, 101–618, 108–447, 109–379, 

and 109–479, and for implementation of other land and water 

rights settlements, $21,627,000, to remain available until expended. 

INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

For the cost of guaranteed loans, $8,186,000, of which 

$1,600,000 is for administrative expenses, as authorized by the 

Indian Financing Act of 1974, as amended: Provided, That of the 

amounts provided herein for administrative expenses, $500,000 is 

for the modernization of a management and accounting system: 

Provided further, 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 these funds are available 

to subsidize total loan principal, any part of which is to be guaranteed, not to exceed $85,200,517. 

ADMINISTRATIVE PROVISIONS

The Bureau of Indian Affairs may carry out the operation 

of Indian programs by direct expenditure, contracts, cooperative 

agreements, compacts and grants, either directly or in cooperation 

with States and other organizations. 

Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs 

may contract for services in support of the management, operation, 

and maintenance of the Power Division of the San Carlos Irrigation 

Project. 

Appropriations for the Bureau of Indian Affairs (except the 

Revolving Fund for Loans Liquidating Account, Indian Loan Guaranty and Insurance Fund Liquidating Account, Indian Guaranteed 

Loan Financing Account, Indian Direct Loan Financing Account, 

and the Indian Guaranteed Loan Program account) shall be available for expenses of exhibits. 


dkrause on GSDDPC29 with PUBLIC LAWS
123 STAT. 716 PUBLIC LAW 111–8—MAR. 11, 2009 

Notwithstanding any other provision of law, no funds available 

to the Bureau of Indian Affairs for central office oversight and 

Executive Direction and Administrative Services (except executive 

direction and administrative services funding for Tribal Priority 

Allocations, regional offices, and facilities operations and maintenance) shall be available for contracts, grants, compacts, or cooperative agreements with the Bureau of Indian Affairs under the provisions of the Indian Self-Determination Act or the Tribal Self-Governance Act of 1994 (Public Law 103–413). 

In the event any tribe returns appropriations made available 

by this Act to the Bureau of Indian Affairs, this action shall not 

diminish the Federal Government’s trust responsibility to that tribe, 

or the government-to-government relationship between the United 

States and that tribe, or that tribe’s ability to access future appropriations. 

Notwithstanding any other provision of law, no funds available 

to the Bureau, other than the amounts provided herein for assistance to public schools under 25 U.S.C. 452 et seq., shall be available 

to support the operation of any elementary or secondary school 

in the State of Alaska. 

Appropriations made available in this or any other Act for 

schools funded by the Bureau shall be available only to the schools 

in the Bureau school system as of September 1, 1996. No funds 

available to the Bureau shall be used to support expanded grades 

for any school or dormitory beyond the grade structure in place 

or approved by the Secretary of the Interior at each school in 

the Bureau school system as of October 1, 1995. Funds made 

available under this Act may not be used to establish a charter 

school at a Bureau-funded school (as that term is defined in section 

1146 of the Education Amendments of 1978 (25 U.S.C. 2026)), 

except that a charter school that is in existence on the date of 

the enactment of this Act and that has operated at a Bureaufunded school before September 1, 1999, may continue to operate 

during that period, but only if the charter school pays to the 

Bureau a pro rata share of funds to reimburse the Bureau for 

the use of the real and personal property (including buses and 

vans), the funds of the charter school are kept separate and apart 

from Bureau funds, and the Bureau does not assume any obligation 

for charter school programs of the State in which the school is 

located if the charter school loses such funding. Employees of 

Bureau-funded schools sharing a campus with a charter school 

and performing functions related to the charter schools operation 

and employees of a charter school shall not be treated as Federal 

employees for purposes of chapter 171 of title 28, United States 

Code. 

Notwithstanding any other provision of law, including section 

113 of title I of appendix C of Public Law 106–113, if in fiscal 

year 2003 or 2004 a grantee received indirect and administrative 

costs pursuant to a distribution formula based on section 5(f) of 

Public Law 101–301, the Secretary shall continue to distribute 

indirect and administrative cost funds to such grantee using the 

section 5(f) distribution formula. 

Charter schools. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 717 

DEPARTMENTAL OFFICES

OFFICE OF THE SECRETARY

SALARIES AND EXPENSES

For necessary expenses for management of the Department of the Interior, $107,264,000; of which not to exceed $15,000 may 

be for official reception and representation expenses; and of which 

up to $1,000,000 shall be available for workers compensation payments and unemployment compensation payments associated with 

the orderly closure of the United States Bureau of Mines: Provided, 

That, for fiscal year 2009 up to $400,000 of the payments authorized 

by the Act of October 20, 1976, as amended (31 U.S.C. 6901– 

6907) may be retained for administrative expenses of the Payments 

in Lieu of Taxes Program: Provided further, That no payment 

shall be made pursuant to that Act to otherwise eligible units 

of local government if the computed amount of the payment is 

less than $100. 

MANAGEMENT OF FEDERAL LANDS FOR SUBSISTENCE USES

(RESCISSION) 

The unobligated balances under this heading as of the date 

of enactment of this provision are permanently rescinded. 

INSULAR AFFAIRS

ASSISTANCE TO TERRITORIES

For expenses necessary for assistance to territories under the jurisdiction of the Department of the Interior, $78,665,000, of which: 

(1) $69,815,000 shall remain available until expended for technical 

assistance, including maintenance assistance, disaster assistance, 

insular management controls, coral reef initiative activities, and 

brown tree snake control and research; grants to the judiciary 

in American Samoa for compensation and expenses, as authorized 

by law (48 U.S.C. 1661(c)); grants to the Government of American 

Samoa, in addition to current local revenues, for construction and 

support of governmental functions; grants to the Government of 

the Virgin Islands as authorized by law; grants to the Government 

of Guam, as authorized by law; and grants to the Government 

of the Northern Mariana Islands as authorized by law (Public 

Law 94–241; 90 Stat. 272); and (2) $8,850,000 shall be available 

until September 30, 2010 for salaries and expenses of the Office 

of Insular Affairs: Provided, That all financial transactions of the 

territorial and local governments herein provided for, including 

such transactions of all agencies or instrumentalities established 

or used by such governments, may be audited by the Government 

Accountability Office, at its discretion, in accordance with chapter 

35 of title 31, United States Code: Provided further, That Northern 

Mariana Islands Covenant grant funding shall be provided 

according to those terms of the Agreement of the Special Representatives on Future United States Financial Assistance for the 

Northern Mariana Islands approved by Public Law 104–134: Provided further, That of the amounts provided for technical assistance, 

sufficient funds shall be made available for a grant to the Pacific 

Basin Development Council: Provided further, That of the amounts Close Up 

Foundation. 

Pacific Basin 

Development 

Council. 

48 USC 1469b. 


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123 STAT. 718 PUBLIC LAW 111–8—MAR. 11, 2009 

provided for technical assistance, sufficient funding shall be made 

available for a grant to the Close Up Foundation: Provided further, That the funds for the program of operations and maintenance 

improvement are appropriated to institutionalize routine operations 

and maintenance improvement of capital infrastructure with territorial participation and cost sharing to be determined by the Secretary based on the grantee’s commitment to timely maintenance 

of its capital assets: Provided further, That any appropriation for 

disaster assistance under this heading in this Act or previous appropriations Acts may be used as non-Federal matching funds for 

the purpose of hazard mitigation grants provided pursuant to section 404 of the Robert T. Stafford Disaster Relief and Emergency 

Assistance Act (42 U.S.C. 5170c). 

COMPACT OF FREE ASSOCIATION

For grants and necessary expenses, $5,318,000, to remain available until expended, as provided for in sections 221(a)(2), 221(b), 

and 233 of the Compact of Free Association for the Republic of 

Palau; and section 221(a)(2) of the Compacts of Free Association 

for the Government of the Republic of the Marshall Islands and 

the Federated States of Micronesia, as authorized by Public Law 

99–658 and Public Law 108–188. 

OFFICE OF THE SOLICITOR

SALARIES AND EXPENSES

For necessary expenses of the Office of the Solicitor, 

$62,050,000. 

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

For necessary expenses of the Office of Inspector General, $45,953,000. 

OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS

FEDERAL TRUST PROGRAMS

(INCLUDING TRANSFER OF FUNDS) 

For the operation of trust programs for Indians by direct 

expenditure, contracts, cooperative agreements, compacts, and 

grants, $181,648,000, to remain available until expended, of which 

not to exceed $56,445,000 from this or any other Act, shall be 

available for historical accounting: Provided, That funds for trust 

management improvements and litigation support may, as needed, 

be transferred to or merged with the Bureau of Indian Affairs, 

‘‘Operation of Indian Programs’’ account; the Office of the Solicitor, 

‘‘Salaries and Expenses’’ account; and the Office of the Secretary, 

‘‘Salaries and Expenses’’ account: Provided further, That funds made 

available through contracts or grants obligated during fiscal year 

2009, as authorized by the Indian Self-Determination Act of 1975 

(25 U.S.C. 450 et seq.), shall remain available until expended by 

the contractor or grantee: Provided further, That, notwithstanding 

any other provision of law, the statute of limitations shall not 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 719 

commence to run on any claim, including any claim in litigation 

pending on the date of the enactment of this Act, concerning losses 

to or mismanagement of trust funds, until the affected tribe or 

individual Indian has been furnished with an accounting of such 

funds from which the beneficiary can determine whether there 

has been a loss: Provided further, That, notwithstanding any other 

provision of law, the Secretary shall not be required to provide 

a quarterly statement of performance for any Indian trust account 

that has not had activity for at least 18 months and has a balance 

of $15.00 or less: Provided further, That the Secretary shall issue 

an annual account statement and maintain a record of any such 

accounts and shall permit the balance in each such account to 

be withdrawn upon the express written request of the account 

holder: Provided further, That not to exceed $50,000 is available 

for the Secretary to make payments to correct administrative errors 

of either disbursements from or deposits to Individual Indian Money 

or Tribal accounts after September 30, 2002: Provided further, 

That erroneous payments that are recovered shall be credited to 

and remain available in this account for this purpose: Provided 

further, That not to exceed $6,000,000 may be transferred from 

unobligated balances (Treasury Accounts 14X6039, 14X6803 and 

14X8030) for the purpose of one-time accounting reconciliations 

of the balances, as sanctioned by the Chief Financial Officers Act 

of 1990, American Indian Trust Fund Management Reform Act 

of 1994 and the Federal Managers’ Financial Integrity Act (FMFIA). 

DEPARTMENT-WIDE PROGRAMS

WILDLAND FIRE MANAGEMENT

(INCLUDING TRANSFERS OF FUNDS) 

For necessary expenses for fire preparedness, suppression operations, fire science and research, emergency rehabilitation, hazardous fuels reduction, and rural fire assistance by the Department 

of the Interior, $859,453,000, to remain available until expended, 

of which not to exceed $6,137,000 shall be for the renovation or 

construction of fire facilities: Provided, That such funds are also 

available for repayment of advances to other appropriation accounts 

from which funds were previously transferred for such purposes: 

Provided further, That persons hired pursuant to 43 U.S.C. 1469 

may be furnished subsistence and lodging without cost from funds 

available from this appropriation: Provided further, That notwithstanding 42 U.S.C. 1856d, sums received by a bureau or office 

of the Department of the Interior for fire protection rendered pursuant to 42 U.S.C. 1856 et seq., protection of United States property, 

may be credited to the appropriation from which funds were 

expended to provide that protection, and are available without 

fiscal year limitation: Provided further, That using the amounts 

designated under this title of this Act, the Secretary of the Interior 

may enter into procurement contracts, grants, or cooperative agreements, for hazardous fuels reduction activities, and for training 

and monitoring associated with such hazardous fuels reduction 

activities, on Federal land, or on adjacent non-Federal land for 

activities that benefit resources on Federal land: Provided further, 

That the costs of implementing any cooperative agreement between 

the Federal Government and any non-Federal entity may be shared, 

as mutually agreed on by the affected parties: Provided further, 

Deadline. 

Account 

statement. 

Records. 


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123 STAT. 720 PUBLIC LAW 111–8—MAR. 11, 2009 

That notwithstanding requirements of the Competition in Contracting Act, the Secretary, for purposes of hazardous fuels reduction activities, may obtain maximum practicable competition among: 

(1) local private, nonprofit, or cooperative entities; (2) Youth Conservation Corps crews, Public Lands Corps (Public Law 109–154), 

or related partnerships with State, local, or non-profit youth groups; 

(3) small or micro-businesses; or (4) other entities that will hire 

or train locally a significant percentage, defined as 50 percent 

or more, of the project workforce to complete such contracts: Provided further, That in implementing this section, the Secretary 

shall develop written guidance to field units to ensure accountability 

and consistent application of the authorities provided herein: Provided further, That funds appropriated under this head may be 

used to reimburse the United States Fish and Wildlife Service 

and the National Marine Fisheries Service for the costs of carrying 

out their responsibilities under the Endangered Species Act of 1973 

(16 U.S.C. 1531 et seq.) to consult and conference, as required 

by section 7 of such Act, in connection with wildland fire management activities: Provided further, That the Secretary of the Interior 

may use wildland fire appropriations to enter into non-competitive 

sole source leases of real property with local governments, at or 

below fair market value, to construct capitalized improvements 

for fire facilities on such leased properties, including but not limited 

to fire guard stations, retardant stations, and other initial attack 

and fire support facilities, and to make advance payments for any 

such lease or for construction activity associated with the lease: 

Provided further, That the Secretary of the Interior and the Secretary of Agriculture may authorize the transfer of funds appropriated for wildland fire management, in an aggregate amount 

not to exceed $10,000,000, between the Departments when such 

transfers would facilitate and expedite jointly funded wildland fire 

management programs and projects: Provided further, That funds 

provided for wildfire suppression shall be available for support 

of Federal emergency response actions. 

CENTRAL HAZARDOUS MATERIALS FUND

For necessary expenses of the Department of the Interior and 

any of its component offices and bureaus for the remedial action, 

including associated activities, of hazardous waste substances, 

pollutants, or contaminants pursuant to the Comprehensive 

Environmental Response, Compensation, and Liability Act, as 

amended (42 U.S.C. 9601 et seq.), $10,148,000, to remain available 

until expended. 

NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION

NATURAL RESOURCE DAMAGE ASSESSMENT FUND

To conduct natural resource damage assessment and restoration activities by the Department of the Interior necessary to carry 

out the provisions of the Comprehensive Environmental Response, 

Compensation, and Liability Act, as amended (42 U.S.C. 9601 et 

seq.), the Federal Water Pollution Control Act, as amended (33 

U.S.C. 1251 et seq.), the Oil Pollution Act of 1990 (33 U.S.C. 

2701 et seq.), and Public Law 101–337, as amended (16 U.S.C. 

19jj et seq.), $6,338,000, to remain available until expended. 

Guidance. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 721 

WORKING CAPITAL FUND

For the acquisition of a departmental financial and business 

management system, $73,435,000, to remain available until 

expended: Provided, That none of the funds in this Act or previous 

appropriations Acts may be used to establish reserves in the 

Working Capital Fund account other than for accrued annual leave 

and depreciation of equipment without prior approval of the House 

and Senate Committees on Appropriations. 

ADMINISTRATIVE PROVISIONS

There is hereby authorized for acquisition from available 

resources within the Working Capital Fund, 15 aircraft, 10 of which 

shall be for replacement and which may be obtained by donation, 

purchase or through available excess surplus property: Provided, 

That existing aircraft being replaced may be sold, with proceeds 

derived or trade-in value used to offset the purchase price for 

the replacement aircraft. 

GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

(INCLUDING TRANSFERS OF FUNDS) 

SEC. 101. Appropriations made in this title shall be available 

for expenditure or transfer (within each bureau or office), with 

the approval of the Secretary, for the emergency reconstruction, 

replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or 

other unavoidable causes: Provided, That no funds shall be made 

available under this authority until funds specifically made available to the Department of the Interior for emergencies shall have 

been exhausted: Provided further, That all funds used pursuant 

to this section must be replenished by a supplemental appropriation 

which must be requested as promptly as possible. 

SEC. 102. The Secretary may authorize the expenditure or 

transfer of any no year appropriation in this title, in addition 

to the amounts included in the budget programs of the several 

agencies, for the suppression or emergency prevention of wildland 

fires on or threatening lands under the jurisdiction of the Department of the Interior; for the emergency rehabilitation of burnedover lands under its jurisdiction; for emergency actions related 

to potential or actual earthquakes, floods, volcanoes, storms, or 

other unavoidable causes; for contingency planning subsequent to 

actual oil spills; for response and natural resource damage assessment activities related to actual oil spills; for the prevention, 

suppression, and control of actual or potential grasshopper and 

Mormon cricket outbreaks on lands under the jurisdiction of the 

Secretary, pursuant to the authority in section 1773(b) of Public 

Law 99–198 (99 Stat. 1658); for emergency reclamation projects 

under section 410 of Public Law 95–87; and shall transfer, from 

any no year funds available to the Office of Surface Mining Reclamation and Enforcement, such funds as may be necessary to permit 

assumption of regulatory authority in the event a primacy State 

is not carrying out the regulatory provisions of the Surface Mining 

Act: Provided, That appropriations made in this title for wildland 

fire operations shall be available for the payment of obligations 

incurred during the preceding fiscal year, and for reimbursement 


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123 STAT. 722 PUBLIC LAW 111–8—MAR. 11, 2009 

to other Federal agencies for destruction of vehicles, aircraft, or 

other equipment in connection with their use for wildland fire 

operations, such reimbursement to be credited to appropriations 

currently available at the time of receipt thereof: Provided further, 

That for wildland fire operations, no funds shall be made available 

under this authority until the Secretary determines that funds 

appropriated for ‘‘wildland fire operations’’ shall be exhausted 

within 30 days: Provided further, That all funds used pursuant 

to this section must be replenished by a supplemental appropriation 

which must be requested as promptly as possible: Provided further, 

That such replenishment funds shall be used to reimburse, on 

a pro rata basis, accounts from which emergency funds were transferred. 

SEC. 103. Appropriations made to the Department of the 

Interior in this title shall be available for services as authorized 

by 5 U.S.C. 3109, when authorized by the Secretary, in total amount 

not to exceed $500,000; purchase and replacement of motor vehicles, 

including specially equipped law enforcement vehicles; hire, maintenance, and operation of aircraft; hire of passenger motor vehicles; 

purchase of reprints; payment for telephone service in private residences in the field, when authorized under regulations approved 

by the Secretary; and the payment of dues, when authorized by 

the Secretary, for library membership in societies or associations 

which issue publications to members only or at a price to members 

lower than to subscribers who are not members. 

SEC. 104. Appropriations made in this Act under the headings 

Bureau of Indian Affairs and Office of the Special Trustee for 

American Indians and any unobligated balances from prior appropriations Acts made under the same headings shall be available 

for expenditure or transfer for Indian trust management and reform 

activities. Total funding for historical accounting activities shall 

not exceed amounts specifically designated in this Act for such 

purpose. 

SEC. 105. Notwithstanding any other provision of law, the 

Secretary of the Interior is authorized to redistribute any Tribal 

Priority Allocation funds, including tribal base funds, to alleviate 

tribal funding inequities by transferring funds to address identified, 

unmet needs, dual enrollment, overlapping service areas or inaccurate distribution methodologies. No tribe shall receive a reduction 

in Tribal Priority Allocation funds of more than 10 percent in 

fiscal year 2009. Under circumstances of dual enrollment, overlapping service areas or inaccurate distribution methodologies, the 

10 percent limitation does not apply. 

SEC. 106. Notwithstanding any other provision of law, in conveying the Twin Cities Research Center under the authority provided by Public Law 104–134, as amended by Public Law 104– 

208, the Secretary may accept and retain land and other forms 

of reimbursement: Provided, That the Secretary may retain and 

use any such reimbursement until expended and without further 

appropriation: (1) for the benefit of the National Wildlife Refuge 

System within the State of Minnesota; and (2) for all activities 

authorized by 16 U.S.C. 460zz. 

SEC. 107. The Secretary of the Interior may use discretionary 

funds to pay private attorney fees and costs for employees and 

former employees of the Department of the Interior reasonably 

incurred in connection with Cobell v. Kempthorne to the extent 

that such fees and costs are not paid by the Department of Justice 

Determination. 


dkrause on GSDDPC29 with PUBLIC LAWS
PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 723 

or by private insurance. In no case shall the Secretary make payments under this section that would result in payment of hourly 

fees in excess of the highest hourly rate approved by the District 

Court for the District of Columbia for counsel in Cobell v. 

Kempthorne. 

SEC. 108. The United States Fish and Wildlife Service shall, 

in carrying out its responsibilities to protect threatened and endangered species of salmon, implement a system of mass marking 

of salmonid stocks, intended for harvest, that are released from 

federally operated or federally financed hatcheries including but 

not limited to fish releases of coho, chinook, and steelhead species. 

Marked fish must have a visible mark that can be readily identified 

by commercial and recreational fishers. 

SEC. 109. No funds appropriated for the Department of the 

Interior by this Act or any other Act shall be used to study or 

implement any plan to drain Lake Powell or to reduce the water 

level of the lake below the range of water levels required for 

the operation of the Glen Canyon Dam. 

SEC. 110. Notwithstanding any other provision of law, the 

Secretary of the Interior is authorized to acquire lands, waters, 

or interests therein including the use of all or part of any pier, 

dock, or landing within the State of New York and the State 

of New Jersey, for the purpose of operating and maintaining facilities in the support of transportation and accommodation of visitors 

to Ellis, Governors, and Liberty Islands, and of other program 

and administrative activities, by donation or with appropriated 

funds, including franchise fees (and other monetary consideration), 

or by exchange; and the Secretary is authorized to negotiate and 

enter into leases, subleases, concession contracts or other agreements for the use of such facilities on such terms and conditions 

as the Secretary may determine reasonable. 

SEC. 111. Title 43 U.S.C. 1473, as amended by Public Law 

110–161, is further amended by deleting the phrase ‘‘in fiscal year 

2008 only’’ and inserting in lieu thereof ‘‘in fiscal years 2008 and 

2009 only’’. 

SEC. 112. No funds appropriated or otherwise made available 

to the Department of the Interior may be used, in relation to 

any proposal to store water for the purpose of export, for approval 

of any right-of-way or similar authorization on the Mojave National 

Preserve or lands managed by the Needles Field Office of the 

Bureau of Land Management, or for carrying out any activities 

associated with such right-of-way or similar approval. 

SEC. 113. The Secretary of the Interior may enter into cooperative agreements with a State or political subdivision (including 

any agency thereof), or any not-for-profit organization if the agreement will: (1) serve a mutual interest of the parties to the agreement 

in carrying out the programs administered by the Department 

of the Interior; and (2) all parties will contribute resources to 

the accomplishment of these objectives. At the discretion of the 

Secretary, such agreements shall not be subject to a competitive 

process. 

SEC. 114. Funds provided in this Act for Federal land acquisition by the National Park Service for Shenandoah Valley Battlefields National Historic District and Ice Age National Scenic Trail 

may be used for a grant to a State, a local government, or any 

other land management entity for the acquisition of lands without 

regard to any restriction on the use of Federal land acquisition 

New York. 

New Jersey. 

Contracts. 

Salmon. 


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123 STAT. 724 PUBLIC LAW 111–8—MAR. 11, 2009 

funds provided through the Land and Water Conservation Fund 

Act of 1965 as amended. 

SEC. 115. Sections 109 and 110 of the Federal Oil and Gas 

Royalty Management Act (30 U.S.C. 1719 and 1720) shall apply 

to any lease authorizing exploration for or development of coal, 

any other solid mineral, or any geothermal resource on any Federal 

or Indian lands and any lease, easement, right of way, or other 

agreement, regardless of form, for use of the Outer Continental 

Shelf or any of its resources under sections 8(k) or 8(p) of the 

Outer Continental Shelf Lands Act (43 U.S.C. 1337(k) and 1337(p)) 

to the same extent as if such lease, easement, right of way, or 

other agreement, regardless of form, were an oil and gas lease, 

except that in such cases the term ‘‘royalty payment’’ shall include 

any payment required by such lease, easement, right of way or 

other agreement, regardless of form, or by applicable regulation. 

SEC. 116. The Pittsford National Fish Hatchery in Chittenden, 

Vermont is hereby renamed the Dwight D. Eisenhower National 

Fish Hatchery. 

SEC. 117. Section 6 of the Great Sand Dunes National Park 

and Preserve Act of 2000 (16 U.S.C. 410hhh–4) is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘(a) ESTABLISHMENT.—(1) When’’ and 

inserting the following: 

‘‘(a) ESTABLISHMENT AND PURPOSE.— 

‘‘(1) ESTABLISHMENT.— 

‘‘(A) IN GENERAL.—When’’; 

(B) in paragraph (2), by striking ‘‘(2) Such establishment’’ and inserting the following: 

‘‘(B) EFFECTIVE DATE.—The establishment of the refuge 

under subparagraph (A)’’; and 

(C) by adding at the end the following: 

‘‘(2) PURPOSE.—The purpose of the Baca National Wildlife 

Refuge shall be to restore, enhance, and maintain wetland, 

upland, riparian, and other habitats for native wildlife, plant, 

and fish species in the San Luis Valley.’’; 

(2) in subsection (c)— 

(A) by striking ‘‘The Secretary’’ and inserting the following: 

‘‘(1) IN GENERAL.—The Secretary’’; and 

(B) by adding at the end the following: 

‘‘(2) REQUIREMENTS.—In administering the Baca National 

Wildlife Refuge, the Secretary shall, to the maximum extent 

practicable— 

‘‘(A) emphasize migratory bird conservation; and 

‘‘(B) take into consideration the role of the Refuge 

in broader landscape conservation efforts.’’; and 

(3) in subsection (d)— 

(A) in paragraph (1), by striking ‘‘and’’ at the end; 

(B) in paragraph (2), by striking the period at the 

end and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(3) subject to any agreement in existence as of the date 

of enactment of this paragraph, and to the extent consistent 

with the purposes of the Refuge, use decreed water rights 

on the Refuge in approximately the same manner that the 

water rights have been used historically.’’. 

Federal buildings 

and grounds. 

16 USC 760–4 

note. 

Applicability. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 725 

SEC. 118. None of the funds in this Act may be used to further 

reduce the number of Axis or Fallow deer at Point Reyes National 

Seashore below the number as of the date of enactment of this 

Act. 

TITLE II 

ENVIRONMENTAL PROTECTION AGENCY 

SCIENCE AND TECHNOLOGY

For science and technology, including research and development 

activities, which shall include research and development activities 

under the Comprehensive Environmental Response, Compensation, 

and Liability Act of 1980, as amended; necessary expenses for 

personnel and related costs and travel expenses; procurement of 

laboratory equipment and supplies; and other operating expenses 

in support of research and development, $790,051,000, to remain 

available until September 30, 2010. 

ENVIRONMENTAL PROGRAMS AND MANAGEMENT

For environmental programs and management, including necessary expenses, not otherwise provided for, for personnel and 

related costs and travel expenses; hire of passenger motor vehicles; 

hire, maintenance, and operation of aircraft; purchase of reprints; 

library memberships in societies or associations which issue publications to members only or at a price to members lower than to 

subscribers who are not members; administrative costs of the 

brownfields program under the Small Business Liability Relief and 

Brownfields Revitalization Act of 2002; and not to exceed $19,000 

for official reception and representation expenses, $2,392,079,000, 

to remain available until September 30, 2010: Provided, That of 

the funds included under this heading, not less than $95,846,000 

shall be for the Geographic Programs specified in the explanatory 

statement described in section 4 (in the matter preceding division 

A of this consolidated Act). 

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, 

as amended, $44,791,000, to remain available until September 30, 

2010. 

BUILDINGS AND FACILITIES

For construction, repair, improvement, extension, alteration, 

and purchase of fixed equipment or facilities of, or for use by, 

the Environmental Protection Agency, $35,001,000, to remain available until expended. 

HAZARDOUS SUBSTANCE SUPERFUND

(INCLUDING TRANSFERS OF FUNDS) 

For necessary expenses to carry out the Comprehensive 

Environmental Response, Compensation, and Liability Act of 1980 

(CERCLA), as amended, including sections 111(c)(3), (c)(5), (c)(6), 


dkrause on GSDDPC29 with PUBLIC LAWS
123 STAT. 726 PUBLIC LAW 111–8—MAR. 11, 2009 

and (e)(4) (42 U.S.C. 9611) $1,285,024,000, to remain available 

until expended, consisting of such sums as are available in the 

Trust Fund on September 30, 2008, as authorized by section 517(a) 

of the Superfund Amendments and Reauthorization Act of 1986 

(SARA) and up to $1,285,024,000 as a payment from general revenues to the Hazardous Substance Superfund for purposes as authorized by section 517(b) of SARA, as amended: Provided, That funds 

appropriated under this heading may be allocated to other Federal 

agencies in accordance with section 111(a) of CERCLA: Provided 

further, That of the funds appropriated under this heading, $9,975,000 shall be paid to the ‘‘Office of Inspector General’’ appropriation to remain available until September 30, 2010, and 

$26,417,000 shall be paid to the ‘‘Science and Technology’’ appropriation to remain available until September 30, 2010. 

LEAKING UNDERGROUND STORAGE TANK TRUST FUND PROGRAM

For necessary expenses to carry out leaking underground storage tank cleanup activities authorized by subtitle I of the Solid 

Waste Disposal Act, as amended, $112,577,000, to remain available 

until expended, of which $77,077,000 shall be for carrying out 

leaking underground storage tank cleanup activities authorized by 

section 9003(h) of the Solid Waste Disposal Act, as amended; 

$35,500,000 shall be for carrying out the other provisions of the 

Solid Waste Disposal Act specified in section 9508(c) of the Internal 

Revenue Code, as amended: Provided, That the Administrator is 

authorized to use appropriations made available under this heading 

to implement section 9013 of the Solid Waste Disposal Act to 

provide financial assistance to federally recognized Indian tribes 

for the development and implementation of programs to manage 

underground storage tanks. 

OIL SPILL RESPONSE

For expenses necessary to carry out the Environmental Protection Agency’s responsibilities under the Oil Pollution Act of 1990, 

$17,687,000, to be derived from the Oil Spill Liability trust fund, 

to remain available until expended. 

STATE AND TRIBAL ASSISTANCE GRANTS

For environmental programs and infrastructure assistance, 

including capitalization grants for State revolving funds and 

performance partnership grants, $2,968,464,000, to remain available until expended, of which $689,080,000 shall be for making 

capitalization grants for the Clean Water State Revolving Funds 

under title VI of the Federal Water Pollution Control Act, as 

amended (the ‘‘Act’’); of which up to $75,000,000 shall be available 

for loans, including interest free loans as authorized by 33 U.S.C. 

1383(d)(1)(A), to municipal, inter-municipal, interstate, or State 

agencies or nonprofit entities for projects that provide treatment 

for or that minimize sewage or stormwater discharges using one 

or more approaches which include, but are not limited to, decentralized or distributed stormwater controls, decentralized wastewater 

treatment, low-impact development practices, conservation easements, stream buffers, or wetlands restoration; $829,029,000 shall 

be for capitalization grants for the Drinking Water State Revolving 

Funds under section 1452 of the Safe Drinking Water Act, as 


dkrause on GSDDPC29 with PUBLIC LAWS
PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 727 

amended; $20,000,000 shall be for architectural, engineering, planning, design, construction and related activities in connection with 

the construction of high priority water and wastewater facilities 

in the area of the United States-Mexico Border, after consultation 

with the appropriate border commission; $18,500,000 shall be for 

grants to the State of Alaska to address drinking water and waste 

infrastructure needs of rural and Alaska Native Villages: Provided, 

That, of these funds: (1) the State of Alaska shall provide a match 

of 25 percent; (2) no more than 5 percent of the funds may be 

used for administrative and overhead expenses; and (3) the State 

of Alaska shall make awards consistent with the State-wide priority 

list established in conjunction with the Agency and the U.S. Department of Agriculture for all water, sewer, waste disposal, and similar 

projects carried out by the State of Alaska that are funded under 

section 221 of the Federal Water Pollution Control Act (33 U.S.C. 

1301) or the Consolidated Farm and Rural Development Act (7 

U.S.C. 1921 et seq.) which shall allocate not less than 25 percent 

of the funds provided for projects in regional hub communities; 

$145,000,000 shall be for making special project grants for the 

construction of drinking water, wastewater and storm water infrastructure and for water quality protection in accordance with the 

terms and conditions specified for such grants in the explanatory 

statement described in section 4 (in the matter preceding division 

A of this consolidated Act), and, for purposes of these grants, 

each grantee shall contribute not less than 45 percent of the cost 

of the project unless the grantee is approved for a waiver by 

the Agency; $97,000,000 shall be to carry out section 104(k) of 

the Comprehensive Environmental Response, Compensation, and 

Liability Act of 1980 (CERCLA), as amended, including grants, 

interagency agreements, and associated program support costs; 

$60,000,000 shall be for grants under title VII, subtitle G of the 

Energy Policy Act of 2005, as amended; $15,000,000 shall be for 

grants for cost-effective emission reduction projects in accordance 

with the terms and conditions of the explanatory statement 

described in section 4 (in the matter preceding division A of this 

consolidated Act); and $1,094,855,000 shall be for grants, including 

associated program support costs, to States, federally recognized 

tribes, interstate agencies, tribal consortia, and air pollution control 

agencies for multi-media or single media pollution prevention, control and abatement and related activities, including activities pursuant to the provisions set forth under this heading in Public Law 

104–134, and for making grants under section 103 of the Clean 

Air Act for particulate matter monitoring and data collection activities subject to terms and conditions specified by the Administrator, 

of which $49,495,000 shall be for carrying out section 128 of 

CERCLA, as amended, $10,000,000 shall be for Environmental 

Information Exchange Network grants, including associated program support costs, $18,500,000 of the funds available for grants 

under section 106 of the Act shall be for water quality monitoring 

activities, $10,000,000 shall be for competitive grants to communities to develop plans and demonstrate and implement projects 

which reduce greenhouse gas emissions, and, in addition to funds 

appropriated under the heading ‘‘Leaking Underground Storage 

Tank Trust Fund Program’’ to carry out the provisions of the 

Solid Waste Disposal Act specified in section 9508(c) of the Internal 

Revenue Code other than section 9003(h) of the Solid Waste Disposal Act, as amended, $2,500,000 shall be for grants to States 

Alaska. 


dkrause on GSDDPC29 with PUBLIC LAWS
123 STAT. 728 PUBLIC LAW 111–8—MAR. 11, 2009 

under section 2007(f)(2) of the Solid Waste Disposal Act, as 

amended: Provided further, That notwithstanding section 603(d)(7) 

of the Federal Water Pollution Control Act, the limitation on the 

amounts in a State water pollution control revolving fund that 

may be used by a State to administer the fund shall not apply 

to amounts included as principal in loans made by such fund 

in fiscal year 2009 and prior years where such amounts represent 

costs of administering the fund to the extent that such amounts 

are or were deemed reasonable by the Administrator, accounted 

for separately from other assets in the fund, and used for eligible 

purposes of the fund, including administration: Provided further, 

That for fiscal year 2009, and notwithstanding section 518(f) of 

the Act, the Administrator is authorized to use the amounts appropriated for any fiscal year under section 319 of that Act to make 

grants to federally recognized Indian tribes pursuant to sections 

319(h) and 518(e) of that Act: Provided further, That for fiscal 

year 2009, notwithstanding the limitation on amounts in section 

518(c) of the Act, up to a total of 11⁄2 percent of the funds appropriated for State Revolving Funds under title VI of that Act may 

be reserved by the Administrator for grants under section 518(c) 

of that Act: Provided further, That no funds provided by this appropriations Act to address the water, wastewater and other critical 

infrastructure needs of the colonias in the United States along 

the United States-Mexico border shall be made available to a county 

or municipal government unless that government has established 

an enforceable local ordinance, or other zoning rule, which prevents 

in that jurisdiction the development or construction of any additional colonia areas, or the development within an existing colonia 

the construction of any new home, business, or other structure 

which lacks water, wastewater, or other necessary infrastructure. 

ADMINISTRATIVE PROVISIONS, ENVIRONMENTAL PROTECTION AGENCY

(INCLUDING RESCISSION OF FUNDS) 

For fiscal year 2009, notwithstanding 31 U.S.C. 6303(1) and 

6305(1), the Administrator of the Environmental Protection Agency, 

in carrying out the Agency’s function to implement directly Federal 

environmental programs required or authorized by law in the 

absence of an acceptable tribal program, may award cooperative 

agreements to federally recognized Indian Tribes or Intertribal consortia, if authorized by their member Tribes, to assist the Administrator in implementing Federal environmental programs for Indian 

Tribes required or authorized by law, except that no such cooperative agreements may be awarded from funds designated for State 

financial assistance agreements. 

The Administrator of the Environmental Protection Agency is 

authorized to collect and obligate pesticide registration service fees 

in accordance with section 33 of the Federal Insecticide, Fungicide, 

and Rodenticide Act, as amended by Public Law 110–94, the Pesticide Registration Improvement Renewal Act. 

For fiscal year 2009 and thereafter, the Science and Technology 

and Environmental Programs and Management Accounts are available for uniforms, or allowances therefore, as authorized by 5 U.S.C. 

5901–02 and for services as authorized by 5 U.S.C. 3109, but 

at rates for individuals not to exceed the daily equivalent of the 

rate paid for level IV of the Executive Schedule. Unless specifically 

authorized by law, for fiscal year 2009 and thereafter, none of 

42 USC 4370g. 

Fees. 


dkrause on GSDDPC29 with PUBLIC LAWS
PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 729 

the funds available under this title for grants may be used to 

pay for the salaries of individual consultants at more than the 

daily equivalent of the rate paid for level IV of the Executive 

Schedule. 

None of the funds made available by this Act may be used 

in contravention of, or to delay the implementation of, Executive 

Order No. 12898 of February 11, 1994 (59 Fed. Reg. 7629; relating 

to Federal actions to address environmental justice in minority 

populations and low-income populations). 

Title II of Public Law 109–54, under the heading Administrative 

Provisions, is amended: in the fourth paragraph, strike ‘‘make not 

to exceed five appointments in any fiscal year under the authority 

provided in 42 U.S.C. 209 for the Office of Research and Development’’ and insert ‘‘employ up to thirty persons at any one time 

in the Office of Research and Development under the authority 

provided in 42 U.S.C. 209’’. 

From unobligated balances to carry out projects and activities 

funded through the State and Tribal Assistance Grants Account, 

$10,000,000 are permanently rescinded. 

Of the funds provided in the Environmental Programs and 

Management Account, not less than $6,500,000 shall be used for 

activities to develop and publish a final rule not later than June 

26, 2009, and to begin implementation, to require mandatory 

reporting of greenhouse gas emissions above appropriate thresholds 

in all sectors of the economy of the United States, as required 

by Public Law 110–161. 

For fiscal year 2009 and thereafter, the Science and Technology, 

Environmental Programs and Management, Office of Inspector General, Hazardous Substance Superfund, and Leaking Underground 

Storage Tank Trust Fund Program Accounts, are available for the 

construction, alteration, repair, rehabilitation, and renovation of 

facilities provided that the cost does not exceed $85,000 per project. 

TITLE III 

RELATED AGENCIES 

DEPARTMENT OF AGRICULTURE 

FOREST SERVICE

FOREST AND RANGELAND RESEARCH

For necessary expenses of forest and rangeland research as 

authorized by law, $296,380,000, to remain available until 

expended: Provided, That of the funds provided, $60,770,000 is 

for the forest inventory and analysis program. 

STATE AND PRIVATE FORESTRY

For necessary expenses of cooperating with and providing technical and financial assistance to States, territories, possessions, 

and others, and for forest health management, including treatments 

of pests, pathogens, and invasive or noxious plants and for restoring 

and rehabilitating forests damaged by pests or invasive plants, 

cooperative forestry, and education and land conservation activities 

and conducting an international program as authorized, 

$265,861,000, to remain available until expended, as authorized 

42 USC 4370h. 

Publication. 

Regulations. 

Deadline. 

Greenhouse gas 

emissions. 

119 Stat. 531. 


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123 STAT. 730 PUBLIC LAW 111–8—MAR. 11, 2009 

by law; and of which $49,445,000 is to be derived from the Land 

and Water Conservation Fund. 

NATIONAL FOREST SYSTEM

(INCLUDING RESCISSION OF FUNDS) 

For necessary expenses of the Forest Service, not otherwise 

provided for, for management, protection, improvement, and utilization of the National Forest System, $1,514,805,000, to remain available until expended, which shall include 50 percent of all moneys 

received during prior fiscal years as fees collected under the Land 

and Water Conservation Fund Act of 1965, as amended, in accordance with section 4 of the Act (16 U.S.C. 460l–6a(i)): Provided, 

That of the unobligated balances in this account, $5,000,000 are 

rescinded. 

CAPITAL IMPROVEMENT AND MAINTENANCE

(INCLUDING TRANSFER OF FUNDS) 

For necessary expenses of the Forest Service, not otherwise provided for, $495,393,000, to remain available until expended, for construction, capital improvement, maintenance and acquisition 

of buildings and other facilities and infrastructure; and for construction, capital improvement, decommissioning, and maintenance of 

forest roads and trails by the Forest Service as authorized by 

16 U.S.C. 532–538 and 23 U.S.C. 101 and 205: Provided, That 

$50,000,000 shall be designated for urgently needed road decommissioning, road and trail repair and maintenance and associated 

activities, and removal of fish passage barriers, especially in areas 

where Forest Service roads may be contributing to water quality 

problems in streams and water bodies which support threatened, 

endangered or sensitive species or community water sources: Provided further, That up to $40,000,000 of the funds provided herein 

for road maintenance shall be available for the decommissioning 

of roads, including unauthorized roads not part of the transportation 

system, which are no longer needed: Provided further, That no 

funds shall be expended to decommission any system road until 

notice and an opportunity for public comment has been provided 

on each decommissioning project: Provided further, That the 

decommissioning of unauthorized roads not part of the official 

transportation system shall be expedited in response to threats 

to public safety, water quality, or natural resources: Provided further, That funds becoming available in fiscal year 2009 under the 

Act of March 4, 1913 (16 U.S.C. 501) shall be transferred to the 

General Fund of the Treasury and shall not be available for transfer 

or obligation for any other purpose unless the funds are appropriated. 

LAND ACQUISITION

For expenses necessary to carry out the provisions of the Land 

and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 

460l–4 through 11), including administrative expenses, and for 

acquisition of land or waters, or interest therein, in accordance 

with statutory authority applicable to the Forest Service, 

$49,775,000, to be derived from the Land and Water Conservation 

Fund and to remain available until expended. 

Roads. 

Notice. 

Public comment. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 731 

ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS

For acquisition of lands within the exterior boundaries of the 

Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe 

National Forest, Nevada; and the Angeles, San Bernardino, Sequoia, 

and Cleveland National Forests, California, as authorized by law, 

$1,050,000, to be derived from forest receipts. 

ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

For acquisition of lands, such sums, to be derived from funds 

deposited by State, county, or municipal governments, public school 

districts, or other public school authorities, and for authorized 

expenditures from funds deposited by non-Federal parties pursuant 

to Land Sale and Exchange Acts, pursuant to the Act of December 

4, 1967, as amended (16 U.S.C. 484a), to remain available until 

expended. (16 U.S.C. 4601–516–617a, 555a; Public Law 96–586; 

Public Law 76–589, 76–591; and 78–310). 

RANGE BETTERMENT FUND

For necessary expenses of range rehabilitation, protection, and 

improvement, 50 percent of all moneys received during the prior 

fiscal year, as fees for grazing domestic livestock on lands in 

National Forests in the 16 Western States, pursuant to section 

401(b)(1) of Public Law 94–579, as amended, to remain available 

until expended, of which not to exceed 6 percent shall be available 

for administrative expenses associated with on-the-ground range 

rehabilitation, protection, and improvements. 

GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND

RESEARCH

For expenses authorized by 16 U.S.C. 1643(b), $50,000, to 

remain available until expended, to be derived from the fund established pursuant to the above Act. 

MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES

For necessary expenses of the Forest Service to manage Federal 

lands in Alaska for subsistence uses under title VIII of the Alaska 

National Interest Lands Conservation Act (Public Law 96–487), 

$5,000,000, to remain available until expended. 

WILDLAND FIRE MANAGEMENT

(INCLUDING TRANSFERS OF FUNDS) 

For necessary expenses for forest fire presuppression activities 

on National Forest System lands, for emergency fire suppression 

on or adjacent to such lands or other lands under fire protection 

agreement, hazardous fuels reduction on or adjacent to such lands, 

and for emergency rehabilitation of burned-over National Forest 

System lands and water, $2,131,630,000, to remain available until 

expended: Provided, That such funds including unobligated balances 

under this heading, are available for repayment of advances from 

other appropriations accounts previously transferred for such purposes: Provided further, That such funds shall be available to 

reimburse State and other cooperating entities for services provided 

in response to wildfire and other emergencies or disasters to the 


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123 STAT. 732 PUBLIC LAW 111–8—MAR. 11, 2009 

extent such reimbursements by the Forest Service for non-fire emergencies are fully repaid by the responsible emergency management 

agency: Provided further, That, notwithstanding any other provision of law, $8,000,000 of funds appropriated under this appropriation 

shall be used for Fire Science Research in support of the Joint 

Fire Science Program: Provided further, That all authorities for 

the use of funds, including the use of contracts, grants, and cooperative agreements, available to execute the Forest and Rangeland 

Research appropriation, are also available in the utilization of these 

funds for Fire Science Research: Provided further, That funds provided shall be available for emergency rehabilitation and restoration, hazardous fuels reduction activities in the urban-wildland 

interface, support to Federal emergency response, and wildfire 

suppression activities of the Forest Service: Provided further, That 

of the funds provided, $328,086,000 is for hazardous fuels reduction 

activities, $11,500,000 is for rehabilitation and restoration, 

$23,917,000 is for research activities and to make competitive 

research grants pursuant to the Forest and Rangeland Renewable 

Resources Research Act, as amended (16 U.S.C. 1641 et seq.), 

$55,000,000 is for State fire assistance, $9,000,000 is for volunteer 

fire assistance, $17,252,000 is for forest health activities on Federal 

lands and $9,928,000 is for forest health activities on State and 

private lands: Provided further, That amounts in this paragraph 

may be transferred to the ‘‘State and Private Forestry’’, ‘‘National 

Forest System’’, and ‘‘Forest and Rangeland Research’’ accounts 

to fund State fire assistance, volunteer fire assistance, forest health 

management, forest and rangeland research, the Joint Fire Science 

Program, vegetation and watershed management, heritage site 

rehabilitation, and wildlife and fish habitat management and restoration: Provided further, That up to $15,000,000 of the funds 

provided under this heading for hazardous fuels treatments may 

be transferred to and made a part of the ‘‘National Forest System’’ 

account at the sole discretion of the Chief of the Forest Service 

30 days after notifying the House and the Senate Committees 

on Appropriations: Provided further, That the costs of implementing 

any cooperative agreement between the Federal Government and 

any non-Federal entity may be shared, as mutually agreed on 

by the affected parties: Provided further, That in addition to funds 

provided for State Fire Assistance programs, and subject to all 

authorities available to the Forest Service under the State and 

Private Forestry Appropriation, up to $15,000,000 may be used 

on adjacent non-Federal lands for the purpose of protecting communities when hazard reduction activities are planned on national 

forest lands that have the potential to place such communities 

at risk: Provided further, That funds made available to implement 

the Community Forest Restoration Act, Public Law 106–393, title 

VI, shall be available for use on non-Federal lands in accordance 

with authorities available to the Forest Service under the State 

and Private Forestry Appropriation: Provided further, That the 

Secretary of the Interior and the Secretary of Agriculture may 

authorize the transfer of funds appropriated for wildland fire 

management, in an aggregate amount not to exceed $10,000,000, 

between the Departments when such transfers would facilitate and 

expedite jointly funded wildland fire management programs and 

projects: Provided further, That of the funds provided for hazardous 

fuels reduction, not to exceed $5,000,000, may be used to make 

grants, using any authorities available to the Forest Service under 

Notification. 

Transfer date. 


dkrause on GSDDPC29 with PUBLIC LAWS
PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 733 

the State and Private Forestry appropriation, for the purpose of 

creating incentives for increased use of biomass from national forest 

lands: Provided further, That funds designated for wildfire suppression shall be assessed for cost pools on the same basis as such 

assessments are calculated against other agency programs. 

ADMINISTRATIVE PROVISIONS, FOREST SERVICE

Appropriations to the Forest Service for the current fiscal year 

shall be available for: (1) purchase of passenger motor vehicles; 

acquisition of passenger motor vehicles from excess sources, and 

hire of such vehicles; purchase, lease, operation, maintenance, and 

acquisition of aircraft from excess sources to maintain the operable 

fleet for use in Forest Service wildland fire programs and other 

Forest Service programs; notwithstanding other provisions of law, 

existing aircraft being replaced may be sold, with proceeds derived 

or trade-in value used to offset the purchase price for the replacement aircraft; (2) services pursuant to 7 U.S.C. 2225, and not 

to exceed $100,000 for employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration of buildings and other public 

improvements (7 U.S.C. 2250); (4) acquisition of land, waters, and 

interests therein pursuant to 7 U.S.C. 428a; (5) for expenses pursuant to the Volunteers in the National Forest Act of 1972 (16 U.S.C. 

558a, 558d, and 558a note); (6) the cost of uniforms as authorized 

by 5 U.S.C. 5901–5902; and (7) for debt collection contracts in 

accordance with 31 U.S.C. 3718(c). 

Any appropriations or funds available to the Forest Service 

may be transferred to the Wildland Fire Management appropriation 

for forest firefighting, emergency rehabilitation of burned-over or 

damaged lands or waters under its jurisdiction, and fire preparedness due to severe burning conditions upon notification of the 

House and Senate Committees on Appropriations and if and only 

if all previously appropriated emergency contingent funds under 

the heading ‘‘Wildland Fire Management’’ have been released by 

the President and apportioned and all wildfire suppression funds 

under the heading ‘‘Wildland Fire Management’’ are obligated. 

Funds appropriated to the Forest Service shall be available 

for assistance to or through the Agency for International Development in connection with forest and rangeland research, technical 

information, and assistance in foreign countries, and shall be available to support forestry and related natural resource activities 

outside the United States and its territories and possessions, 

including technical assistance, education and training, and cooperation with United States and international organizations. 

None of the funds made available to the Forest Service in 

this Act or any other Act with respect to any fiscal year shall 

be subject to transfer under the provisions of section 702(b) of 

the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257), 

section 442 of Public Law 106–224 (7 U.S.C. 7772), or section 

10417(b) of Public Law 107–107 (7 U.S.C. 8316(b)). 

None of the funds available to the Forest Service may be 

reprogrammed without the advance approval of the House and 

Senate Committees on Appropriations in accordance with the reprogramming procedures contained in the explanatory statement 

described in section 4 (in the matter preceding division A of this 

consolidated Act). 

Not more than $73,285,000 of funds available to the Forest 

Service shall be transferred to the Working Capital Fund of the 

16 USC 556i. 


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Department of Agriculture and not more than $19,400,000 of funds 

available to the Forest Service shall be transferred to the Department of Agriculture for Department Reimbursable Programs, commonly referred to as Greenbook charges. Nothing in this paragraph 

shall prohibit or limit the use of reimbursable agreements requested 

by the Forest Service in order to obtain services from the Department of Agriculture’s National Information Technology Center. 

Funds available to the Forest Service shall be available to 

conduct a program of up to $5,000,000 for priority projects within 

the scope of the approved budget, of which $2,500,000 shall be 

carried out by the Youth Conservation Corps and $2,500,000 shall 

be carried out under the authority of the Public Lands Corps 

Healthy Forests Restoration Act of 2005, Public Law 109–154. 

Of the funds available to the Forest Service, $4,000 is available 

to the Chief of the Forest Service for official reception and representation expenses. 

Pursuant to sections 405(b) and 410(b) of Public Law 101– 

593, of the funds available to the Forest Service, $3,000,000 may 

be advanced in a lump sum to the National Forest Foundation 

to aid conservation partnership projects in support of the Forest 

Service mission, without regard to when the Foundation incurs 

expenses, for administrative expenses or projects on or benefitting 

National Forest System lands or related to Forest Service programs: 

Provided, That the Foundation shall obtain, by the end of the 

period of Federal financial assistance, private contributions to 

match on at least one-for-one basis funds made available by the 

Forest Service: Provided further, That the Foundation may transfer 

Federal funds to Federal or a non-Federal recipient for a project 

at the same rate that the recipient has obtained the non-Federal 

matching funds: Provided further, That authorized investments of 

Federal funds held by the Foundation may be made only in interestbearing obligations of the United States or in obligations guaranteed 

as to both principal and interest by the United States. 

Pursuant to section 2(b)(2) of Public Law 98–244, $3,000,000 

of the funds available to the Forest Service shall be advanced 

to the National Fish and Wildlife Foundation in a lump sum to 

aid cost-share conservation projects, without regard to when 

expenses are incurred, on or benefitting National Forest System 

lands or related to Forest Service programs: Provided, That such 

funds shall be matched on at least a one-for-one basis by the 

Foundation or its sub-recipients: Provided further, That the Foundation may transfer Federal funds to a Federal or non-Federal 

recipient for a project at the same rate that the recipient has 

obtained the non-Federal matching funds. 

Funds appropriated to the Forest Service shall be available 

for interactions with and providing technical assistance to rural 

communities and natural resource-based businesses for sustainable 

rural development purposes. 

Funds appropriated to the Forest Service shall be available 

for payments to counties within the Columbia River Gorge National 

Scenic Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) 

of Public Law 99–663. 

An eligible individual who is employed in any project funded 

under title V of the Older American Act of 1965 (42 U.S.C. 3056 

et seq.) and administered by the Forest Service shall be considered 

to be a Federal employee for purposes of chapter 171 of title 28, 

United States Code. 


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Any funds appropriated to the Forest Service may be used 

to meet the non-Federal share requirement in section 502(c) of 

the Older American Act of 1965 (42 U.S.C. 3056(c)(2)). 

Funds available to the Forest Service, not to exceed 

$50,000,000, shall be assessed for the purpose of performing facilities maintenance. Such assessments shall occur using a square 

foot rate charged on the same basis the agency uses to assess 

programs for payment of rent, utilities, and other support services. 

Notwithstanding any other provision of law, any appropriations or funds available to the Forest Service not to exceed $500,000 

may be used to reimburse the Office of the General Counsel (OGC), 

Department of Agriculture, for travel and related expenses incurred 

as a result of OGC assistance or participation requested by the 

Forest Service at meetings, training sessions, management reviews, 

land purchase negotiations and similar non-litigation related matters. Future budget justifications for both the Forest Service and 

the Department of Agriculture should clearly display the sums 

previously transferred and the requested funding transfers. 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

INDIAN HEALTH SERVICE

INDIAN HEALTH SERVICES

For expenses necessary to carry out the Act of August 5, 1954 

(68 Stat. 674), the Indian Self-Determination Act, the Indian Health 

Care Improvement Act, and titles II and III of the Public Health 

Service Act with respect to the Indian Health Service, 

$3,190,956,000, together with payments received during the fiscal 

year pursuant to 42 U.S.C. 238(b) and 238b for services furnished 

by the Indian Health Service: Provided, That funds made available 

to tribes and tribal organizations through contracts, grant agreements, or any other agreements or compacts authorized by the 

Indian Self-Determination and Education Assistance Act of 1975 

(25 U.S.C. 450), shall be deemed to be obligated at the time of 

the grant or contract award and thereafter shall remain available 

to the tribe or tribal organization without fiscal year limitation: 

Provided further, That $634,477,000 for contract medical care, 

including $31,000,000 for the Indian Catastrophic Health Emergency Fund, shall remain available until expended: Provided further, That no less than $36,189,000 is provided for maintaining 

operations of the urban Indian health program: Provided further, That of the funds provided, up to $32,000,000 shall remain available 

until expended for implementation of the loan repayment program 

under section 108 of the Indian Health Care Improvement Act: 

Provided further, That $16,391,000 is provided for the methamphetamine and suicide prevention and treatment initiative and 

$7,500,000 is provided for the domestic violence prevention initiative 

and, notwithstanding any other provision of law, the amounts available under this proviso shall be allocated at the discretion of the 

Director of the Indian Health Service and shall remain available 

until expended: Provided further, That funds provided in this Act 

may be used for one-year contracts and grants which are to be 

performed in two fiscal years, so long as the total obligation is 

recorded in the year for which the funds are appropriated: Provided 

further, That the amounts collected by the Secretary of Health 

and Human Services under the authority of title IV of the Indian 


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Health Care Improvement Act shall remain available until 

expended for the purpose of achieving compliance with the 

applicable conditions and requirements of titles XVIII and XIX 

of the Social Security Act (exclusive of planning, design, or construction of new facilities): Provided further, That funding contained 

herein, and in any earlier appropriations Acts for scholarship programs under the Indian Health Care Improvement Act (25 U.S.C. 

1613) shall remain available until expended: Provided further, That 

amounts received by tribes and tribal organizations under title 

IV of the Indian Health Care Improvement Act shall be reported 

and accounted for and available to the receiving tribes and tribal 

organizations until expended: Provided further, That, notwithstanding any other provision of law, of the amounts provided herein, 

not to exceed $282,398,000 shall be for payments to tribes and 

tribal organizations for contract or grant support costs associated 

with contracts, grants, self-governance compacts, or annual funding 

agreements between the Indian Health Service and a tribe or tribal 

organization pursuant to the Indian Self-Determination Act of 1975, 

as amended, prior to or during fiscal year 2009, of which not 

to exceed $5,000,000 may be used for contract support costs associated with new or expanded self-determination contracts, grants, 

self-governance compacts, or annual funding agreements: Provided 

further, That the Bureau of Indian Affairs may collect from the 

Indian Health Service, tribes and tribal organizations operating 

health facilities pursuant to Public Law 93–638, such individually 

identifiable health information relating to disabled children as may 

be necessary for the purpose of carrying out its functions under 

the Individuals with Disabilities Education Act (20 U.S.C. 1400, 

et seq.): Provided further, That the Indian Health Care Improvement Fund may be used, as needed, to carry out activities typically 

funded under the Indian Health Facilities account. 

INDIAN HEALTH FACILITIES

For construction, repair, maintenance, improvement, and equipment of health and related auxiliary facilities, including quarters 

for personnel; preparation of plans, specifications, and drawings; 

acquisition of sites, purchase and erection of modular buildings, 

and purchases of trailers; and for provision of domestic and community sanitation facilities for Indians, as authorized by section 7 

of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian SelfDetermination Act, and the Indian Health Care Improvement Act, 

and for expenses necessary to carry out such Acts and titles II 

and III of the Public Health Service Act with respect to environmental health and facilities support activities of the Indian Health 

Service, $390,168,000, to remain available until expended: Provided, That notwithstanding any other provision of law, funds appropriated for the planning, design, construction or renovation of health 

facilities for the benefit of an Indian tribe or tribes may be used 

to purchase land for sites to construct, improve, or enlarge health 

or related facilities: Provided further, That not to exceed $500,000 

shall be used by the Indian Health Service to purchase TRANSAM 

equipment from the Department of Defense for distribution to the 

Indian Health Service and tribal facilities: Provided further, That 

none of the funds appropriated to the Indian Health Service may 

be used for sanitation facilities construction for new homes funded 

with grants by the housing programs of the United States Department of Housing and Urban Development: Provided further, That 


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not to exceed $2,700,000 from this account and the ‘‘Indian Health 

Services’’ account shall be used by the Indian Health Service to 

obtain ambulances for the Indian Health Service and tribal facilities 

in conjunction with an existing interagency agreement between 

the Indian Health Service and the General Services Administration: 

Provided further, That not to exceed $500,000 shall be placed in 

a Demolition Fund, available until expended, to be used by the 

Indian Health Service for demolition of Federal buildings. 

ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

Appropriations in this Act to the Indian Health Service shall 

be available for services as authorized by 5 U.S.C. 3109 but at 

rates not to exceed the per diem rate equivalent to the maximum 

rate payable for senior-level positions under 5 U.S.C. 5376; hire 

of passenger motor vehicles and aircraft; purchase of medical equipment; purchase of reprints; purchase, renovation and erection of 

modular buildings and renovation of existing facilities; payments 

for telephone service in private residences in the field, when authorized under regulations approved by the Secretary; and for uniforms 

or allowances therefor as authorized by 5 U.S.C. 5901–5902; and 

for expenses of attendance at meetings that relate to the functions 

or activities for which the appropriation is made or otherwise contribute to the improved conduct, supervision, or management of 

those functions or activities. 

In accordance with the provisions of the Indian Health Care 

Improvement Act, non-Indian patients may be extended health 

care at all tribally administered or Indian Health Service facilities, 

subject to charges, and the proceeds along with funds recovered 

under the Federal Medical Care Recovery Act (42 U.S.C. 2651– 

2653) shall be credited to the account of the facility providing 

the service and shall be available without fiscal year limitation. 

Notwithstanding any other law or regulation, funds transferred 

from the Department of Housing and Urban Development to the 

Indian Health Service shall be administered under Public Law 

86–121, the Indian Sanitation Facilities Act and Public Law 93– 

638, as amended. 

Funds appropriated to the Indian Health Service in this Act, 

except those used for administrative and program direction purposes, shall not be subject to limitations directed at curtailing 

Federal travel and transportation. 

None of the funds made available to the Indian Health Service 

in this Act shall be used for any assessments or charges by the 

Department of Health and Human Services unless identified in 

the budget justification and provided in this Act, or approved by 

the House and Senate Committees on Appropriations through the 

reprogramming process. 

Notwithstanding any other provision of law, funds previously 

or herein made available to a tribe or tribal organization through 

a contract, grant, or agreement authorized by title I or title V 

of the Indian Self-Determination and Education Assistance Act 

of 1975 (25 U.S.C. 450), may be deobligated and reobligated to 

a self-determination contract under title I, or a self-governance 

agreement under title V of such Act and thereafter shall remain 

available to the tribe or tribal organization without fiscal year 

limitation. 

None of the funds made available to the Indian Health Service 

in this Act shall be used to implement the final rule published 

Regulations. 

Budget request. 


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123 STAT. 738 PUBLIC LAW 111–8—MAR. 11, 2009 

in the Federal Register on September 16, 1987, by the Department 

of Health and Human Services, relating to the eligibility for the 

health care services of the Indian Health Service until the Indian 

Health Service has submitted a budget request reflecting the 

increased costs associated with the proposed final rule, and such 

request has been included in an appropriations Act and enacted 

into law. 

With respect to functions transferred by the Indian Health 

Service to tribes or tribal organizations, the Indian Health Service 

is authorized to provide goods and services to those entities, on 

a reimbursable basis, including payment in advance with subsequent adjustment. The reimbursements received therefrom, along 

with the funds received from those entities pursuant to the Indian 

Self-Determination Act, may be credited to the same or subsequent 

appropriation account that provided the funding, with such amounts 

to remain available until expended. 

Reimbursements for training, technical assistance, or services 

provided by the Indian Health Service will contain total costs, 

including direct, administrative, and overhead associated with the 

provision of goods, services, or technical assistance. 

The appropriation structure for the Indian Health Service may 

not be altered without advance notification to the House and Senate 

Committees on Appropriations. 

NATIONAL INSTITUTES OF HEALTH

NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

For necessary expenses for the National Institute of Environmental Health Sciences in carrying out activities set forth in section 

311(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, and section 126(g) 

of the Superfund Amendments and Reauthorization Act of 1986, 

$78,074,000. 

AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY

TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH

For necessary expenses for the Agency for Toxic Substances 

and Disease Registry (ATSDR) in carrying out activities set forth 

in sections 104(i) and 111(c)(4) of the Comprehensive Environmental 

Response, Compensation, and Liability Act of 1980 (CERCLA), as 

amended; section 118(f) of the Superfund Amendments and 

Reauthorization Act of 1986 (SARA), as amended; and section 3019 

of the Solid Waste Disposal Act, as amended, $74,039,000, of which 

up to $1,000 to remain available until expended, is for Individual 

Learning Accounts for full-time equivalent employees of the Agency 

for Toxic Substances and Disease Registry: Provided, That notwithstanding any other provision of law, in lieu of performing a health 

assessment under section 104(i)(6) of CERCLA, the Administrator 

of ATSDR may conduct other appropriate health studies, evaluations, or activities, including, without limitation, biomedical testing, 

clinical evaluations, medical monitoring, and referral to accredited 

health care providers: Provided further, That in performing any 

such health assessment or health study, evaluation, or activity, 

the Administrator of ATSDR shall not be bound by the deadlines 

in section 104(i)(6)(A) of CERCLA: Provided further, That none 

Notification. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 739 

of the funds appropriated under this heading shall be available 

for ATSDR to issue in excess of 40 toxicological profiles pursuant 

to section 104(i) of CERCLA during fiscal year 2009, and existing 

profiles may be updated as necessary. 

OTHER RELATED AGENCIES 

EXECUTIVE OFFICE OF THE PRESIDENT

COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

ENVIRONMENTAL QUALITY

For necessary expenses to continue functions assigned to the 

Council on Environmental Quality and Office of Environmental 

Quality pursuant to the National Environmental Policy Act of 1969, 

the Environmental Quality Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, and not to exceed $750 for official 

reception and representation expenses, $2,703,000: Provided, That 

notwithstanding section 202 of the National Environmental Policy 

Act of 1970, the Council shall consist of one member, appointed 

by the President, by and with the advice and consent of the Senate, 

serving as chairman and exercising all powers, functions, and duties 

of the Council. 

CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS) 

For necessary expenses in carrying out activities pursuant to 

section 112(r)(6) of the Clean Air Act, as amended, including hire 

of passenger vehicles, uniforms or allowances therefor, as authorized 

by 5 U.S.C. 5901–5902, and for services authorized by 5 U.S.C. 

3109 but at rates for individuals not to exceed the per diem equivalent to the maximum rate payable for senior level positions under 

5 U.S.C. 5376, $10,199,000: Provided, That the Chemical Safety 

and Hazard Investigation Board (Board) shall have not more than 

three career Senior Executive Service positions: Provided further, 

That notwithstanding any other provision of law, the individual 

appointed to the position of Inspector General of the Environmental 

Protection Agency (EPA) shall, by virtue of such appointment, also 

hold the position of Inspector General of the Board: Provided further, That notwithstanding any other provision of law, the Inspector 

General of the Board shall utilize personnel of the Office of Inspector 

General of EPA in performing the duties of the Inspector General 

of the Board, and shall not appoint any individuals to positions 

within the Board: Provided further, That of the funds appropriated 

under this heading, $300,000 shall be paid to the ‘‘Office of Inspector 

General’’ appropriation of the Environmental Protection Agency. 

OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

SALARIES AND EXPENSES

For necessary expenses of the Office of Navajo and Hopi Indian 

Relocation as authorized by Public Law 93–531, $7,530,000, to 

remain available until expended: Provided, That funds provided 

in this or any other appropriations Act are to be used to relocate 

5 USC app. 8G 

note. 

Government 

positions. 

Appointment. 


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eligible individuals and groups including evictees from District 6, 

Hopi-partitioned lands residents, those in significantly substandard 

housing, and all others certified as eligible and not included in 

the preceding categories: Provided further, That none of the funds 

contained in this or any other Act may be used by the Office 

of Navajo and Hopi Indian Relocation to evict any single Navajo 

or Navajo family who, as of November 30, 1985, was physically 

domiciled on the lands partitioned to the Hopi Tribe unless a 

new or replacement home is provided for such household: Provided 

further, That no relocatee will be provided with more than one 

new or replacement home: Provided further, That the Office shall 

relocate any certified eligible relocatees who have selected and 

received an approved homesite on the Navajo reservation or selected 

a replacement residence off the Navajo reservation or on the land 

acquired pursuant to 25 U.S.C. 640d–10. 

INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND

ARTS DEVELOPMENT

PAYMENT TO THE INSTITUTE

For payment to the Institute of American Indian and Alaska 

Native Culture and Arts Development, as authorized by title XV 

of Public Law 99–498, as amended (20 U.S.C. 56 part A), $7,900,000. 

SMITHSONIAN INSTITUTION

SALARIES AND EXPENSES

For necessary expenses of the Smithsonian Institution, as 

authorized by law, including research in the fields of art, science, 

and history; development, preservation, and documentation of the 

National Collections; presentation of public exhibits and performances; collection, preparation, dissemination, and exchange of 

information and publications; conduct of education, training, and 

museum assistance programs; maintenance, alteration, operation, 

lease (for terms not to exceed 30 years), and protection of buildings, 

facilities, and approaches; not to exceed $100,000 for services as 

authorized by 5 U.S.C. 3109; and purchase, rental, repair, and 

cleaning of uniforms for employees, $593,400,000, of which not 

to exceed $19,352,000 for the instrumentation program, collections 

acquisition, exhibition reinstallation, the National Museum of African American History and Culture, and the repatriation of skeletal 

remains program shall remain available until expended; and of 

which $1,553,000 for fellowships and scholarly awards shall remain 

available until September 30, 2010; and including such funds as 

may be necessary to support American overseas research centers: 

Provided, That funds appropriated herein are available for advance 

payments to independent contractors performing research services 

or participating in official Smithsonian presentations. 

FACILITIES CAPITAL

For necessary expenses of repair, revitalization, and alteration 

of facilities owned or occupied by the Smithsonian Institution, by 

contract or otherwise, as authorized by section 2 of the Act of 

August 22, 1949 (63 Stat. 623), and for construction, including 

necessary personnel, $123,000,000, to remain available until 


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expended, of which not to exceed $10,000 is for services as authorized by 5 U.S.C. 3109. 

LEGACY FUND

For major restoration, renovation, and rehabilitation of existing 

Smithsonian facilities, $15,000,000, to remain available until 

expended: Provided, That such funds may be made available in 

incremental amounts for individual projects after being matched 

by an equal amount in private donations, which shall not include 

in-kind contributions: Provided further, That none of the funds 

made available under this heading, or any required matching funds, 

shall be used for day-to-day maintenance, general salaries and 

expenses, or programmatic purposes: Provided further, That the 

total amount of private contributions may be adjusted to reflect 

any provision in this or any other appropriations Act that affects 

the overall amount of the Federal appropriation for this Fund. 

NATIONAL GALLERY OF ART

SALARIES AND EXPENSES

For the upkeep and operations of the National Gallery of Art, 

the protection and care of the works of art therein, and administrative expenses incident thereto, as authorized by the Act of March 

24, 1937 (50 Stat. 51), as amended by the public resolution of 

April 13, 1939 (Public Resolution 9, Seventy-sixth Congress), 

including services as authorized by 5 U.S.C. 3109; payment in 

advance when authorized by the treasurer of the Gallery for membership in library, museum, and art associations or societies whose 

publications or services are available to members only, or to members at a price lower than to the general public; purchase, repair, 

and cleaning of uniforms for guards, and uniforms, or allowances 

therefor, for other employees as authorized by law (5 U.S.C. 5901– 

5902); purchase or rental of devices and services for protecting 

buildings and contents thereof, and maintenance, alteration, 

improvement, and repair of buildings, approaches, and grounds; 

and purchase of services for restoration and repair of works of 

art for the National Gallery of Art by contracts made, without 

advertising, with individuals, firms, or organizations at such rates 

or prices and under such terms and conditions as the Gallery 

may deem proper, $105,388,000, of which not to exceed $3,350,000 

for the special exhibition program shall remain available until 

expended. 

REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

For necessary expenses of repair, restoration and renovation 

of buildings, grounds and facilities owned or occupied by the 

National Gallery of Art, by contract or otherwise, as authorized, 

$17,368,000, to remain available until expended: Provided, That 

contracts awarded for environmental systems, protection systems, 

and exterior repair or renovation of buildings of the National Gallery of Art may be negotiated with selected contractors and awarded 

on the basis of contractor qualifications as well as price. 

Contracts. 


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JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

OPERATIONS AND MAINTENANCE

For necessary expenses for the operation, maintenance and 

security of the John F. Kennedy Center for the Performing Arts, 

$21,300,000. 

CAPITAL REPAIR AND RESTORATION

For necessary expenses for capital repair and restoration of 

the existing features of the building and site of the John F. Kennedy 

Center for the Performing Arts, $15,064,000, to remain available 

until expended. 

WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS

SALARIES AND EXPENSES

For expenses necessary in carrying out the provisions of the 

Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including 

hire of passenger vehicles and services as authorized by 5 U.S.C. 

3109, $10,000,000. 

NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

NATIONAL ENDOWMENT FOR THE ARTS

GRANTS AND ADMINISTRATION

(INCLUDING TRANSFER OF FUNDS) 

For necessary expenses to carry out the National Foundation 

on the Arts and the Humanities Act of 1965, as amended, 

$155,000,000 shall be available to the National Endowment for 

the Arts for the support of projects and productions in the arts, 

including arts education and public outreach activities, through 

assistance to organizations and individuals pursuant to section 

5 of the Act, for program support, and for administering the functions of the Act, to remain available until expended: Provided, 

That funds appropriated herein shall be expended in accordance 

with sections 309 and 311 of Public Law 108–447: Provided further, 

That hereinafter funds previously appropriated to the National 

Endowment for the Arts ‘‘Challenge America’’ account may be transferred to and merged with this account. 

NATIONAL ENDOWMENT FOR THE HUMANITIES

GRANTS AND ADMINISTRATION

For necessary expenses to carry out the National Foundation 

on the Arts and the Humanities Act of 1965, as amended, 

$155,000,000, to remain available until expended, of which 

$140,700,000 shall be available for support of activities in the 

humanities, pursuant to section 7(c) of the Act and for administering 

the functions of the Act; and $14,300,000 shall be available to 

carry out the matching grants program pursuant to section 10(a)(2) 

of the Act including $9,300,000 for the purposes of section 7(h): 

Provided, That appropriations for carrying out section 10(a)(2) shall 


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be available for obligation only in such amounts as may be equal 

to the total amounts of gifts, bequests, and devises of money, 

and other property accepted by the chairman or by grantees of 

the Endowment under the provisions of subsections 11(a)(2)(B) and 

11(a)(3)(B) during the current and preceding fiscal years for which 

equal amounts have not previously been appropriated. 

ADMINISTRATIVE PROVISION

None of the funds appropriated to the National Foundation 

on the Arts and the Humanities may be used to process any grant 

or contract documents which do not include the text of 18 U.S.C. 

1913: Provided, That none of the funds appropriated to the National 

Foundation on the Arts and the Humanities may be used for official 

reception and representation expenses: Provided further, That funds 

from nonappropriated sources may be used as necessary for official 

reception and representation expenses: Provided further, That the 

Chairperson of the National Endowment for the Arts may approve 

grants of up to $10,000, if in the aggregate this amount does 

not exceed 5 percent of the sums appropriated for grant-making 

purposes per year: Provided further, That such small grant actions 

are taken pursuant to the terms of an expressed and direct delegation of authority from the National Council on the Arts to the 

Chairperson. 

COMMISSION OF FINE ARTS

SALARIES AND EXPENSES

For expenses made necessary by the Act establishing a Commission of Fine Arts (40 U.S.C. 104), $2,234,000: Provided, That the 

Commission is authorized to charge fees to cover the full costs 

of its publications, and such fees shall be credited to this account 

as an offsetting collection, to remain available until expended without further appropriation. 

NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

For necessary expenses as authorized by Public Law 99–190 (20 U.S.C. 956a), as amended, $9,500,000: Provided, That no 

organization shall receive a grant in excess of $650,000 in a single 

year. 

ADVISORY COUNCIL ON HISTORIC PRESERVATION

SALARIES AND EXPENSES

For necessary expenses of the Advisory Council on Historic 

Preservation (Public Law 89–665, as amended), $5,498,000: Provided, That none of these funds shall be available for compensation 

of level V of the Executive Schedule or higher positions. 

NATIONAL CAPITAL PLANNING COMMISSION

SALARIES AND EXPENSES

For necessary expenses, as authorized by the National Capital 

Planning Act of 1952 (40 U.S.C. 71–71i), including services as 

authorized by 5 U.S.C. 3109, $8,328,000: Provided, That one-quarter 

Grants. 


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123 STAT. 744 PUBLIC LAW 111–8—MAR. 11, 2009 

of 1 percent of the funds provided under this heading may be 

used for official reception and representational expenses associated 

with hosting international visitors engaged in the planning and 

physical development of world capitals. 

UNITED STATES HOLOCAUST MEMORIAL MUSEUM

HOLOCAUST MEMORIAL MUSEUM

For expenses of the Holocaust Memorial Museum, as authorized 

by Public Law 106–292 (36 U.S.C. 2301–2310), $47,260,000, of 

which $515,000 for the Museum’s equipment replacement program, 

$1,900,000 for the museum’s repair and rehabilitation program 

and $1,264,000 for the museum’s exhibition design and production 

program shall remain available until expended. 

PRESIDIO TRUST

PRESIDIO TRUST FUND

For necessary expenses to carry out title I of the Omnibus Parks and Public Lands Management Act of 1996, $17,450,000 

shall be available to the Presidio Trust, to remain available until 

expended. 

DWIGHT D. EISENHOWER MEMORIAL COMMISSION

SALARIES AND EXPENSES

For necessary expenses, including the costs of construction 

design, of the Dwight D. Eisenhower Memorial Commission, 

$2,000,000, to remain available until expended. 

TITLE IV 

GENERAL PROVISIONS 

(INCLUDING TRANSFERS OF FUNDS) 

SEC. 401. The expenditure of any appropriation under this 

Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where 

such expenditures are a matter of public record and available 

for public inspection, except where otherwise provided under 

existing law, or under existing Executive Order issued pursuant 

to existing law. 

SEC. 402. No part of any appropriation contained in this Act 

shall be available for any activity or the publication or distribution 

of literature that in any way tends to promote public support 

or opposition to any legislative proposal on which Congressional 

action is not complete other than to communicate to Members 

of Congress as described in 18 U.S.C. 1913. 

SEC. 403. 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. 404. None of the funds provided in this Act to any department or agency shall be obligated or expended to provide a personal 

cook, chauffeur, or other personal servants to any officer or 

Lobbying. 

Contracts. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 745 

employee of such department or agency except as otherwise provided 

by law. 

SEC. 405. Estimated overhead charges, deductions, reserves 

or holdbacks from programs, projects, activities and subactivities 

to support government-wide, departmental, agency or bureau 

administrative functions or headquarters, regional or central operations shall be presented in annual budget justifications and subject 

to approval by the Committees on Appropriations. Changes to such 

estimates shall be presented to the Committees on Appropriations 

for approval. 

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 provided in, this Act or any other Act. 

SEC. 407. None of the funds in this Act may be used to plan, 

prepare, or offer for sale timber from trees classified as giant 

sequoia (Sequoiadendron giganteum) which are located on National 

Forest System or Bureau of Land Management lands in a manner 

different than such sales were conducted in fiscal year 2006. 

SEC. 408. (a) LIMITATION OF FUNDS.—None of the funds appropriated or otherwise made available pursuant to this Act shall 

be obligated or expended to accept or process applications for a 

patent for any mining or mill site claim located under the general 

mining laws. 

(b) EXCEPTIONS.—The provisions of subsection (a) shall not 

apply if the Secretary of the Interior determines that, for the 

claim concerned: (1) a patent application was filed with the Secretary on or before September 30, 1994; and (2) all requirements 

established under sections 2325 and 2326 of the Revised Statutes 

(30 U.S.C. 29 and 30) for vein or lode claims and sections 2329, 

2330, 2331, and 2333 of the Revised Statutes (30 U.S.C. 35, 36, 

and 37) for placer claims, and section 2337 of the Revised Statutes 

(30 U.S.C. 42) for mill site claims, as the case may be, were 

fully complied with by the applicant by that date. 

(c) REPORT.—On September 30, 2009, the Secretary of the 

Interior shall file with the House and Senate Committees on Appropriations and the Committee on Natural Resources of the House 

of Representatives and the Committee on Energy and Natural 

Resources of the Senate a report on actions taken by the Department under the plan submitted pursuant to section 314(c) of the 

Department of the Interior and Related Agencies Appropriations 

Act, 1997 (Public Law 104–208). 

(d) MINERAL EXAMINATIONS.—In order to process patent 

applications in a timely and responsible manner, upon the request 

of a patent applicant, the Secretary of the Interior shall allow 

the applicant to fund a qualified third-party contractor to be selected 

by the Bureau of Land Management to conduct a mineral examination of the mining claims or mill sites contained in a patent application as set forth in subsection (b). The Bureau of Land Management 

shall have the sole responsibility to choose and pay the thirdparty contractor in accordance with the standard procedures 

employed by the Bureau of Land Management in the retention 

of third-party contractors. 

SEC. 409. Notwithstanding any other provision of law, amounts 

appropriated to or otherwise designated in committee reports for 

the Bureau of Indian Affairs and the Indian Health Service by 

Public Laws 103–138, 103–332, 104–134, 104–208, 105–83, 105– 

Patents. 

Mines and 

mining. 

Forests and 

forest products. 

Budget 

estimates. 


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123 STAT. 746 PUBLIC LAW 111–8—MAR. 11, 2009 

277, 106–113, 106–291, 107–63, 108–7, 108–108, 108–447, 109– 

54, 109–289, division B and Continuing Appropriations Resolution, 

2007 (division B of Public Law 109–289, as amended by Public 

Laws 110–5 and 110–28), and Public Law 110–161 for payments 

for contract support costs associated with self-determination or 

self-governance contracts, grants, compacts, or annual funding 

agreements with the Bureau of Indian Affairs or the Indian Health 

Service as funded by such Acts, are the total amounts available 

for fiscal years 1994 through 2008 for such purposes, except that 

for the Bureau of Indian Affairs, tribes and tribal organizations 

may use their tribal priority allocations for unmet contract support 

costs of ongoing contracts, grants, self-governance compacts, or 

annual funding agreements. 

SEC. 410. Prior to October 1, 2009, the Secretary of Agriculture 

shall not be considered to be in violation of subparagraph 6(f)(5)(A) 

of the Forest and Rangeland Renewable Resources Planning Act 

of 1974 (16 U.S.C. 1604(f)(5)(A)) solely because more than 15 years 

have passed without revision of the plan for a unit of the National 

Forest System. Nothing in this section exempts the Secretary from 

any other requirement of the Forest and Rangeland Renewable 

Resources Planning Act (16 U.S.C. 1600 et seq.) or any other 

law: Provided, That if the Secretary is not acting expeditiously 

and in good faith, within the funding available, to revise a plan 

for a unit of the National Forest System, this section shall be 

void with respect to such plan and a court of proper jurisdiction 

may order completion of the plan on an accelerated basis. 

SEC. 411. No funds provided in this Act may be expended 

to conduct preleasing, leasing and related activities under either 

the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer 

Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) within the 

boundaries of a National Monument established pursuant to the 

Act of June 8, 1906 (16 U.S.C. 431 et seq.) as such boundary 

existed on January 20, 2001, except where such activities are 

allowed under the Presidential proclamation establishing such 

monument. 

SEC. 412. In entering into agreements with foreign countries 

pursuant to the Wildfire Suppression Assistance Act (42 U.S.C. 

1856m) the Secretary of Agriculture and the Secretary of the 

Interior are authorized to enter into reciprocal agreements in which 

the individuals furnished under said agreements to provide wildfire 

services are considered, for purposes of tort liability, employees 

of the country receiving said services when the individuals are 

engaged in fire suppression: Provided, That the Secretary of Agriculture or the Secretary of the Interior shall not enter into any 

agreement under this provision unless the foreign country (either 

directly or through its fire organization) agrees to assume any 

and all liability for the acts or omissions of American firefighters 

engaged in firefighting in a foreign country: Provided further, That 

when an agreement is reached for furnishing fire fighting services, 

the only remedies for acts or omissions committed while fighting 

fires shall be those provided under the laws of the host country, 

and those remedies shall be the exclusive remedies for any claim 

arising out of fighting fires in a foreign country: Provided further, 

That neither the sending country nor any legal organization associated with the firefighter shall be subject to any legal action whatsoever pertaining to or arising out of the firefighter’s role in fire 

suppression. 

Contracts. 

Foreign relations. 

Wildfires. 

Plan. 

16 USC 1604 

note. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 747 

SEC. 413. In awarding a Federal contract with funds made 

available by this Act, notwithstanding Federal Government procurement and contracting laws, the Secretary of Agriculture and the 

Secretary of the Interior (the ‘‘Secretaries’’) may, in evaluating 

bids and proposals, give consideration to local contractors who are 

from, and who provide employment and training for, dislocated 

and displaced workers in an economically disadvantaged rural 

community, including those historically timber-dependent areas 

that have been affected by reduced timber harvesting on Federal 

lands and other forest-dependent rural communities isolated from 

significant alternative employment opportunities: Provided, That 

notwithstanding Federal Government procurement and contracting 

laws the Secretaries may award contracts, grants or cooperative 

agreements to local non-profit entities, Youth Conservation Corps 

or related partnerships with State, local or non-profit youth groups, 

or small or micro-business or disadvantaged business: Provided 

further, That the contract, grant, or cooperative agreement is for 

forest hazardous fuels reduction, watershed or water quality monitoring or restoration, wildlife or fish population monitoring, or 

habitat restoration or management: Provided further, That the 

terms ‘‘rural community’’ and ‘‘economically disadvantaged’’ shall 

have the same meanings as in section 2374 of Public Law 101– 

624: Provided further, That the Secretaries shall develop guidance 

to implement this section: Provided further, That nothing in this 

section shall be construed as relieving the Secretaries of any duty 

under applicable procurement laws, except as provided in this section. 

SEC. 414. None of the funds made available by this or any 

other Act may be used in fiscal year 2009 for competitive sourcing 

studies and any related activities involving Forest Service personnel. 

SEC. 415. Unless otherwise provided herein, no funds appropriated in this Act for the acquisition of lands or interests in 

lands may be expended for the filing of declarations of taking 

or complaints in condemnation without the approval of the House 

and Senate Committees on Appropriations: Provided, That this 

provision shall not apply to funds appropriated to implement the 

Everglades National Park Protection and Expansion Act of 1989, 

or to funds appropriated for Federal assistance to the State of 

Florida to acquire lands for Everglades restoration purposes. 

SEC. 416. None of the funds made available under this Act 

may be used to promulgate or implement the Environmental Protection Agency proposed regulations published in the Federal Register 

on January 3, 2007 (72 Fed. Reg. 69). 

SEC. 417. Section 337(a) of the Department of the Interior 

and Related Agencies Appropriations Act, 2005 (Public Law 108– 

447; 118 Stat. 3012) is amended by striking ‘‘September 30, 2006’’ 

and inserting ‘‘September 30, 2010’’. 

SEC. 418. Section 330 of Public Law 106–291 concerning Service 

First authorities (114 Stat. 996), as amended by section 428 of 

Public Law 109–54 (119 Stat. 555–556), is further amended by 

striking ‘‘2008’’ and inserting in lieu thereof ‘‘2011’’. 

SEC. 419. Section 422 of title IV of division F of Public Law 

110–161 is amended by inserting after ‘‘fiscal year 2007’’ the following: ‘‘and subsequent fiscal years through fiscal year 2014’’. 

SEC. 420. In addition to the amounts otherwise provided to the Environmental Protection Agency in this Act, $8,000,000, to 

121 Stat. 2149. 

43 USC 1701 

note. 

Competitive 

sourcing. 

Guidance. 

Contracts. 

Urban and rural 

areas. 


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123 STAT. 748 PUBLIC LAW 111–8—MAR. 11, 2009 

remain available until expended, is provided to EPA to be transferred to the Department of the Navy for clean-up activities at 

the Treasure Island Naval Station—Hunters Point Annex. 

SEC. 421. The boundaries of the Tongass National Forest in 

the State of Alaska are modified to include the approximately 

1,043.38 acres of land acquired by the United States from the 

Alaska Mental Health Trust Authority, which is more particularly 

described as lots 1-B and 1-C, Mt. Verstovia-Gavan Hill Subdivision 

of U.S. Survey No. 3858 and U.S. Survey No. 3849. 

SEC. 422. Title V of the Forest Service Realignment and 

Enhancement Act, 2005, Public Law 109–54, 119 Stat. 559–563; 

16 U.S.C. 580d note, is amended as follows: 

(1) In section 503, subsection (f) by striking ‘‘2008’’ and 

inserting in lieu thereof ‘‘2011’’ and; 

(2) In section 504— 

(A) in subsection (a)(3) by striking in whole, and 

inserting in lieu thereof ‘‘TERMS, CONDITIONS, AND RESERVATIONS.—The conveyance of an administrative site under 

this title shall be subject to such terms, conditions, and 

reservations as the Secretary determines to be necessary 

to protect the public interest’’; 

(B) in subsection (d)(1) by striking ‘‘Subchapter I of 

chapter 5’’, and inserting in lieu thereof ‘‘Chapter 5 of 

subtitle I’’; and 

(C) in subsection (d)(4)(B) by striking in whole, and 

inserting in lieu thereof ‘‘determine whether to include 

terms, conditions, and reservations under subsection (a)(3); 

and’’. 

Sec. 423. LAKE TAHOE BASIN HAZARDOUS FUEL REDUCTION

PROJECTS. (a) Hereafter, subject to subsection (b), a proposal to 

authorize a hazardous fuel reduction project, not to exceed 5,000 

acres, including no more than 1,500 acres of mechanical thinning, 

on the Lake Tahoe Basin Management Unit may be categorically 

excluded from documentation in an environmental impact statement 

or an environmental assessment under the National Environmental 

Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.) if the project: 

(1) is consistent with the Lake Tahoe Basin Multi-Jurisdictional Fuel Reduction and Wildfire Prevention Strategy published in December 2007 and any subsequent revisions to the 

Strategy; 

(2) is not conducted in any wilderness areas; and 

(3) does not involve any new permanent roads. 

(b) A proposal that is categorically excluded under this section 

shall be subject to— 

(1) the extraordinary circumstances procedures established 

by the Forest Service pursuant to section 1508.4 of title 40, 

Code of Federal Regulations; and 

(2) an opportunity for public input. 

SEC. 424. Not later than June 30, 2009, the Administrator 

of the Environmental Protection Agency shall reconsider, and confirm or reverse, the decision to deny the request of the State 

of California to regulate greenhouse gas emissions from new motor 

vehicles. 

SEC. 425. TOXICS RELEASE INVENTORY REPORTING. Notwithstanding any other provision of law— 

Deadline. 

Determination. 

Greenhouse gas 

emissions. 

Alaska. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 749 

(1) none of the funds made available by this or any other 

Act may, hereafter, be used to implement the final rule promulgated by the Administrator of the Environmental Protection 

Agency entitled ‘‘Toxics Release Inventory Burden Reduction 

Final Rule’’ (71 Fed. Reg. 76932); and 

(2) the final rule described in paragraph (1) shall have 

no force or effect. The affected regulatory text shall revert 

to what it was before the final rule described in paragraph 

(1) became effective, until any future action taken by the 

Administrator. 

SEC. 426. Section 325 of Public Law 108–108 is amended by 

striking ‘‘fiscal years 2004–2008’’ and inserting ‘‘fiscal year 2009.’’ 

SEC. 427. The Secretary of Agriculture and the Secretary of 

the Interior shall execute an agreement that transfers management 

and oversight including transfer of function for the workforce, of 

the Centennial, Collbran, Columbia Basin, Fort Simcoe, Treasure 

Lake, and Weber Basin Job Corps Centers to the Forest Service. 

These Job Corps centers shall continue to be administered as 

described in section 147(c) of Public Law 105–220, Workforce Investment Act of 1998. 

SEC. 428. Section 434 of division F of Public Law 110–161 

is amended by striking paragraph (3) and inserting a new paragraph 

(3) as follows: 

‘‘(3) By adding at the end the following: 

‘‘ ‘(m) Section 106 of Public Law 108–148 shall apply to all 

projects authorized by this Act. Sections 104 and 105 of Public 

Law 108–148 may be applied to projects authorized by this Act.’. ’’. 

SEC. 429. (a) During the 60-day period beginning on the date 

of the enactment of this Act— 

(1) the Secretary of the Interior and the Secretary of Commerce may withdraw or reissue the rule described in subsection 

(c)(1) without regard to any provision of statute or regulation 

that establishes a requirement for such withdrawal; and 

(2) the Secretary of the Interior may withdraw or reissue 

the rule referred to in subsection (c)(2) without regard to any 

provision of statute or regulation that establishes a requirement 

for such withdrawal. 

(b) If the Secretary of the Interior or the Secretary of Commerce 

(or both) withdraws a rule under subsection (a), such Secretary 

shall implement the provisions of law under which the rule was 

issued in accordance with the regulations in effect under such 

provisions immediately before the effective date of such rule, except 

as otherwise provided by any Act or rule that takes effect after 

the effective date of the rule that is withdrawn. 

(c) The rules referred to in subsection (a) are the following: 

(1) The final rule relating to ‘‘Interagency Cooperation 

under the Endangered Species Act’’, issued by the United States 

Fish and Wildlife Service and the National Marine Fisheries 

Service and signed November 26, 2008, by the Assistant Secretary of Fish and Wildlife and Parks of the Department of 

the Interior and the Deputy Assistant Administrator for the 

Regulatory Programs of the National Marine Fisheries Service. 

(2) The final rule relating to ‘‘Endangered and Threatened 

Wildlife and Plants; Special Rule for the Polar Bear’’, issued 

by the Assistant Secretary of Fish and Wildlife and Parks 

of the Department of the Interior on December 10, 2008. 

Polar bear. 

Endangered 

species. 

Time period. 

Applicability. 

16 USC 2104 

note. 

Contracts. 

43 USC 1752 

note. 


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123 STAT. 750 PUBLIC LAW 111–8—MAR. 11, 2009 

SEC. 430. Within the amounts appropriated in this division, 

funding shall be allocated in the amounts specified for those projects 

and purposes delineated in the table titled ‘‘Congressionally 

Directed Spending’’ included in the explanatory statement accompanying this Act (as described in section 4, in the matter preceding 

division A of this consolidated Act). 

This division may be cited as the ‘‘Department of the Interior, 

Environment, and Related Agencies Appropriations Act, 2009’’. 

DIVISION F—DEPARTMENTS OF LABOR, HEALTH AND 

HUMAN SERVICES, AND EDUCATION, AND RELATED 

AGENCIES APPROPRIATIONS ACT, 2009 

TITLE I 

DEPARTMENT OF LABOR 

EMPLOYMENT AND TRAINING ADMINISTRATION

TRAINING AND EMPLOYMENT SERVICES

For necessary expenses of the Workforce Investment Act of 

1998 (‘‘WIA’’), the Denali Commission Act of 1998, and the Women 

in Apprenticeship and Non-Traditional Occupations Act of 1992, 

including the purchase and hire of passenger motor vehicles, the 

construction, alteration, and repair of buildings and other facilities, 

and the purchase of real property for training centers as authorized 

by the WIA; $3,626,448,000, plus reimbursements, shall be available. Of the amounts provided: 

(1) for grants to States for adult employment and training 

activities, youth activities, and dislocated worker employment 

and training activities, $2,969,449,000 as follows: 

(A) $861,540,000 for adult employment and training 

activities, of which $149,540,000 shall be available for the 

period July 1, 2009, through June 30, 2010, and of which 

$712,000,000 shall be available for the period October 1, 

2009 through June 30, 2010; 

(B) $924,069,000 for youth activities, which shall be 

available for the period April 1, 2009 through June 30, 

2010; and 

(C) $1,183,840,000 for dislocated worker employment 

and training activities, of which $335,840,000 shall be 

available for the period July 1, 2009 through June 30, 

2010, and of which $848,000,000 shall be available for 

the period October 1, 2009 through June 30, 2010: 

Provided, That notwithstanding the transfer limitation under 

section 133(b)(4) of the WIA, up to 30 percent of such funds 

may be transferred by a local board if approved by the Governor; 

(2) for federally administered programs, $489,429,000 as 

follows: 

(A) $283,051,000 for the dislocated workers assistance 

national reserve, of which $71,051,000 shall be available 

for the period July 1, 2009 through June 30, 2010, and 

of which $212,000,000 shall be available for the period 

October 1, 2009 through June 30, 2010: Provided, That 

up to $125,000,000 may be made available for CommunityDepartment of 

Labor, Health 

and Human 

Services, and 

Related Agencies 

Appropriations 

Act, 2009. 

Department of 

Labor 

Appropriations 

Act, 2009. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 751 

Based Job Training grants from funds reserved under section 132(a)(2)(A) of the WIA and shall be used to carry 

out such grants under section 171(d) of such Act, except 

that the 10 percent limitation otherwise applicable to the 

amount of funds that may be used to carry out section 

171(d) shall not be applicable to funds used for CommunityBased Job Training grants: Provided further, That funds 

provided to carry out section 132(a)(2)(A) of the WIA may 

be used to provide assistance to a State for State-wide 

or local use in order to address cases where there have 

been worker dislocations across multiple sectors or across 

multiple local areas and such workers remain dislocated; 

coordinate the State workforce development plan with 

emerging economic development needs; and train such 

eligible dislocated workers: Provided further, That funds 

provided to carry out section 171(d) of the WIA may be 

used for demonstration projects that provide assistance 

to new entrants in the workforce and incumbent workers; 

(B) $52,758,000 for Native American programs, which 

shall be available for the period July 1, 2009 through 

June 30, 2010; 

(C) $82,620,000 for migrant and seasonal farmworker 

programs under section 167 of the WIA, including 

$76,710,000 for formula grants (of which not less that 

70 percent shall be for employment and training services), 

$5,400,000 for migrant and seasonal housing (of which 

not less than 70 percent shall be for permanent housing), 

and $510,000 for other discretionary purposes, which shall 

be available for the period July 1, 2009 through June 

30, 2010: Provided, That notwithstanding any other provision of law or related regulation, the Department of Labor 

shall take no action limiting the number or proportion 

of eligible participants receiving related assistance services 

or discouraging grantees from providing such services; 

(D) $1,000,000 for carrying out the Women in 

Apprenticeship and Nontraditional Occupations Act, which 

shall be available for the period July 1, 2009 through 

June 30, 2010; and 

(E) $70,000,000 for YouthBuild activities as described 

in section 173A of the WIA, which shall be available for 

the period April 1, 2009 through June 30, 2010: Provided, 

That for program years 2008 and 2009, the YouthBuild 

program may serve an individual who has dropped out 

of high school and re-enrolled in an alternative school, 

if that re-enrollment is part of a sequential service strategy; 

(3) for national activities, $167,570,000, as follows: 

(A) $48,781,000 for Pilots, Demonstrations, and 

Research, which shall be available for the period April 

1, 2009 through June 30, 2010, of which $5,000,000 shall 

be for competitive grants to address the employment and 

training needs of young parents (notwithstanding the 

requirements of section 171(b)(2)(B) or 171(c)(4)(D) of the 

WIA), and of which $41,324,000 shall be used for the 

projects, and in the amounts, specified under the heading 

‘‘Training and Employment Services’’ in the explanatory 

statement described in section 4 (in the matter preceding 

division A of this consolidated Act): Provided, That funding 


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123 STAT. 752 PUBLIC LAW 111–8—MAR. 11, 2009 

provided to carry out such projects shall not be subject 

to the requirements of sections 171(b)(2)(B) and 171(c)(4)(D) 

of the WIA, the joint funding requirements of sections 

171(b)(2)(A) and 171(c)(4)(A) of the WIA, or any time limit 

requirements of sections 171(b)(2)(C) and 171(c)(4)(B) of 

the WIA; 

(B) $108,493,000 for ex-offender activities, under the 

authority of section 171 of the WIA, which shall be available for the period April 1, 2009 through June 30, 2010, 

notwithstanding the requirements of section 171(b)(2)(B) 

or 171(c)(4)(D): Provided, That not less than $88,500,000 

shall be for youthful offender activities, of which 

$35,000,000 shall be for a program of competitive grants 

to local educational agencies or community-based organizations to develop and implement mentoring strategies that 

integrate educational and employment interventions 

designed to prevent youth violence in schools identified 

as persistently dangerous under section 9532 of the 

Elementary and Secondary Education Act; 

(C) $6,918,000 for Evaluation, which shall be available 

for the period July 1, 2009 through June 30, 2010; and 

(D) $3,378,000 for the Denali Commission, which shall 

be available for the period July 1, 2009 through June 

30, 2010. 

COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

To carry out title V of the Older Americans Act of 1965, $571,925,000, which shall be available for the period July 1, 2009 

through June 30, 2010: Provided, That funds made available under 

this heading in this Act may, in accordance with section 517(c) 

of the Older Americans Act of 1965, be recaptured and reobligated. 

FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

For payments during fiscal year 2009 of trade adjustment benefit payments and allowances under part I of subchapter B of 

chapter 2 of title II of the Trade Act of 1974, and section 246 

of that Act; and for training, employment and case management 

services, allowances for job search and relocation, and related State 

administrative expenses under part II of subchapter B of chapter 

2 of title II of the Trade Act of 1974, $958,800,000, together with 

such amounts as may be necessary to be charged to the subsequent 

appropriation for payments for any period subsequent to September 

15, 2009. 

STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE

OPERATIONS

For authorized administrative expenses, $91,698,000, together 

with not to exceed $3,563,167,000 which may be expended from 

the Employment Security Administration Account in the Unemployment Trust Fund (‘‘the Trust Fund’’), of which: 

(1) $2,782,145,000 from the Trust Fund is for grants to 

States for the administration of State unemployment insurance 

laws as authorized under title III of the Social Security Act 

(including $10,000,000 to conduct in-person reemployment and 

eligibility assessments and unemployment insurance improper 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 753 

payment reviews), the administration of unemployment insurance for Federal employees and for ex-service members as 

authorized under 5 U.S.C. 8501–8523, and the administration 

of trade readjustment allowances and alternative trade adjustment assistance under the Trade Act of 1974, and shall be 

available for obligation by the States through December 31, 

2009, except that funds used for automation acquisitions shall 

be available for obligation by the States through September 

30, 2011, and funds used for unemployment insurance workloads experienced by the States through September 30, 2009 

shall be available for Federal obligation through December 

31, 2009; 

(2) $11,310,000 from the Trust Fund is for national activities necessary to support the administration of the FederalState unemployment insurance system; 

(3) $680,893,000 from the Trust Fund, together with 

$22,683,000 from the General Fund of the Treasury, is for 

grants to States in accordance with section 6 of the WagnerPeyser Act, and shall be available for Federal obligation for 

the period July 1, 2009 through June 30, 2010; 

(4) $20,869,000 from the Trust Fund is for national activities of the Employment Service, including administration of 

the work opportunity tax credit under section 51 of the Internal 

Revenue Code of 1986, and the provision of technical assistance 

and staff training under the Wagner-Peyser Act, including not 

to exceed $1,228,000 that may be used for amortization payments to States which had independent retirement plans in 

their State employment service agencies prior to 1980; 

(5) $67,950,000 from the Trust Fund is for the administration of foreign labor certifications and related activities under 

the Immigration and Nationality Act and related laws, of which 

$52,821,000 shall be available for the Federal administration 

of such activities, and $15,129,000 shall be available for grants 

to States for the administration of such activities; 

(6) $51,720,000 from the General Fund is to provide 

workforce information, national electronic tools, and one-stop 

system building under the Wagner-Peyser Act and section 171 

(e)(2)(C) of the Workforce Investment Act of 1998 and shall 

be available for Federal obligation for the period July 1, 2009 

through June 30, 2010; and 

(7) $17,295,000 from the General Fund is to provide for 

work incentive grants to the States and shall be available 

for the period July 1, 2009 through June 30, 2010: 

Provided, That to the extent that the Average Weekly Insured 

Unemployment (‘‘AWIU’’) for fiscal year 2009 is projected by the 

Department of Labor to exceed 3,487,000, an additional $28,600,000 

from the Trust Fund shall be available for obligation for every 

100,000 increase in the AWIU level (including a pro rata amount 

for any increment less than 100,000) to carry out title III of the 

Social Security Act: Provided further, That funds appropriated in 

this Act that are allotted to a State to carry out activities under 

title III of the Social Security Act may be used by such State 

to assist other States in carrying out activities under such title 

III if the other States include areas that have suffered a major 

disaster declared by the President under the Robert T. Stafford 

Disaster Relief and Emergency Assistance Act: Provided further, 

That the Secretary of Labor may use funds appropriated for grants 


dkrause on GSDDPC29 with PUBLIC LAWS
123 STAT. 754 PUBLIC LAW 111–8—MAR. 11, 2009 

to States under title III of the Social Security Act to make payments 

on behalf of States for the use of the National Directory of New 

Hires under section 453(j)(8) of such Act: Provided further, That 

funds appropriated in this Act which are used to establish a national 

one-stop career center system, or which are used to support the 

national activities of the Federal-State unemployment insurance 

or immigration programs, may be obligated in contracts, grants, 

or agreements with non-State entities: Provided further, That funds 

appropriated under this Act for activities authorized under title 

III of the Social Security Act and the Wagner-Peyser Act may 

be used by States to fund integrated Unemployment Insurance 

and Employment Service automation efforts, notwithstanding cost 

allocation principles prescribed under the Office of Management 

and Budget Circular A–87: Provided further, That the Secretary, 

at the request of a State participating in a consortium with other 

States, may reallot funds allotted to such State under title III 

of the Social Security Act to other States participating in the 

consortium in order to carry out activities that benefit the administration of the unemployment compensation law of the State making 

the request. 

In addition, $40,000,000 from the Employment Security 

Administration Account of the Unemployment Trust Fund shall 

be available to conduct in-person reemployment and eligibility 

assessments and unemployment insurance improper payment 

reviews: Provided, That not later than June 30, 2010, the Secretary 

shall submit an interim report to the Congress that includes available information on expenditures, number of individuals assessed, 

and outcomes from the assessments: Provided further, That not 

later than June 30, 2011, the Secretary of Labor shall submit 

to the Congress a final report containing comprehensive information 

on the estimated savings that result from the assessments of claimants and identification of best practices. 

ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND OTHER FUNDS

For repayable advances to the Unemployment Trust Fund as 

authorized by sections 905(d) and 1203 of the Social Security Act, 

and to the Black Lung Disability Trust Fund as authorized by 

section 9501(c)(1) of the Internal Revenue Code of 1954; and for 

nonrepayable advances to the Unemployment Trust Fund as authorized by 5 U.S.C. 8509, and to the ‘‘Federal unemployment benefits 

and allowances’’ account, to remain available through September 

30, 2010, $422,000,000. 

In addition, for making repayable advances to the Black Lung 

Disability Trust Fund in the current fiscal year after September 

15, 2009, for costs incurred by the Black Lung Disability Trust 

Fund in the current fiscal year, such sums as may be necessary. 

PROGRAM ADMINISTRATION

For expenses of administering employment and training programs, $85,323,000, together with not to exceed $45,140,000, which 

may be expended from the Employment Security Administration 

Account in the Unemployment Trust Fund. 

Deadline. 

Reports. 

Deadline. 

Reports. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 755 

EMPLOYEE BENEFITS SECURITY ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses for the Employee Benefits Security 

Administration, $143,419,000. 

PENSION BENEFIT GUARANTY CORPORATION

PENSION BENEFIT GUARANTY CORPORATION FUND

The Pension Benefit Guaranty Corporation (‘‘Corporation’’) is 

authorized to make such expenditures, including financial assistance authorized by subtitle E of title IV of the Employee Retirement 

Income Security Act of 1974, within limits of funds and borrowing 

authority available to the Corporation, and in accord with law, 

and to make such contracts and commitments without regard to 

fiscal year limitations as provided by 31 U.S.C. 9104 as may be 

necessary in carrying out the program, including associated 

administrative expenses, through September 30, 2009, for the Corporation: Provided, That none of the funds available to the Corporation for fiscal year 2009 shall be available for obligations for 

administrative expenses in excess of $444,722,000: Provided further, 

That to the extent that the number of new plan participants in 

plans terminated by the Corporation exceeds 100,000 in fiscal year 

2009, an amount not to exceed an additional $9,200,000 shall be 

available for obligation for administrative expenses for every 20,000 

additional terminated participants: Provided further, That an additional $50,000 shall be made available for obligation for investment 

management fees for every $25,000,000 in assets received by the 

Corporation as a result of new plan terminations or asset growth, 

after approval by the Office of Management and Budget and 

notification of the Committees on Appropriations of the House of 

Representatives and the Senate: Provided further, That obligations 

in excess of the amounts provided in this paragraph may be incurred 

for unforeseen and extraordinary pre-termination expenses after 

approval by the Office of Management and Budget and notification 

of the Committees on Appropriations of the House of Representatives and the Senate. 

EMPLOYMENT STANDARDS ADMINISTRATION

SALARIES AND EXPENSES

(INCLUDING RESCISSION)

For necessary expenses for the Employment Standards 

Administration, including reimbursement to State, Federal, and 

local agencies and their employees for inspection services rendered, 

$438,166,000, together with $2,101,000 which may be expended 

from the Special Fund in accordance with sections 39(c), 44(d), 

and 44(j) of the Longshore and Harbor Workers’ Compensation 

Act: Provided, That the Secretary of Labor is authorized to establish 

and, in accordance with 31 U.S.C 3302, collect and deposit in 

the Treasury fees for processing applications and issuing certificates 

under sections 11(d) and 14 of the Fair Labor Standards Act of 

1938 and for processing applications and issuing registrations under 

Fees. 

Notification. 

Notification. 


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123 STAT. 756 PUBLIC LAW 111–8—MAR. 11, 2009 

title I of the Migrant and Seasonal Agricultural Worker Protection 

Act. 

Of the unobligated funds collected pursuant to section 286(v) 

of the Immigration and Nationality Act, $97,000,000 are rescinded 

as of September 30, 2009. 

SPECIAL BENEFITS

(INCLUDING TRANSFER OF FUNDS)

For the payment of compensation, benefits, and expenses 

(except administrative expenses) accruing during the current or 

any prior fiscal year authorized by 5 U.S.C. 81; continuation of 

benefits as provided for under the heading ‘‘Civilian War Benefits’’ 

in the Federal Security Agency Appropriation Act, 1947; the 

Employees’ Compensation Commission Appropriation Act, 1944; sections 4(c) and 5(f) of the War Claims Act of 1948; and 50 percent 

of the additional compensation and benefits required by section 

10(h) of the Longshore and Harbor Workers’ Compensation Act, 

$163,000,000, together with such amounts as may be necessary 

to be charged to the subsequent year appropriation for the payment 

of compensation and other benefits for any period subsequent to 

August 15 of the current year: Provided, That amounts appropriated 

may be used under 5 U.S.C. 8104, by the Secretary of Labor 

to reimburse an employer, who is not the employer at the time 

of injury, for portions of the salary of a reemployed, disabled beneficiary: Provided further, That balances of reimbursements unobligated on September 30, 2008, shall remain available until expended 

for the payment of compensation, benefits, and expenses: Provided 

further, That in addition there shall be transferred to this appropriation from the Postal Service and from any other corporation or 

instrumentality required under 5 U.S.C. 8147(c) to pay an amount 

for its fair share of the cost of administration, such sums as the 

Secretary determines to be the cost of administration for employees 

of such fair share entities through September 30, 2009: Provided 

further, That of those funds transferred to this account from the 

fair share entities to pay the cost of administration of the Federal 

Employees’ Compensation Act, $52,720,000 shall be made available 

to the Secretary as follows: 

(1) For enhancement and maintenance of automated data 

processing systems and telecommunications systems, 

$15,068,000; 

(2) For automated workload processing operations, 

including document imaging, centralized mail intake, and medical bill processing, $23,273,000; 

(3) For periodic roll management and medical review, 

$14,379,000; and 

(4) The remaining funds shall be paid into the Treasury 

as miscellaneous receipts: 

Provided further, That the Secretary may require that any person 

filing a notice of injury or a claim for benefits under 5 U.S.C. 

81, or the Longshore and Harbor Workers’ Compensation Act, provide as part of such notice and claim, such identifying information 

(including Social Security account number) as such regulations 

may prescribe. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 757 

SPECIAL BENEFITS FOR DISABLED COAL MINERS

For carrying out title IV of the Federal Mine Safety and Health 

Act of 1977, as amended by Public Law 107–275, $188,130,000, 

to remain available until expended. 

For making after July 31 of the current fiscal year, benefit 

payments to individuals under title IV of such Act, for costs incurred 

in the current fiscal year, such amounts as may be necessary. 

For making benefit payments under title IV for the first quarter 

of fiscal year 2010, $56,000,000, to remain available until expended. 

ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES OCCUPATIONAL

ILLNESS COMPENSATION FUND

For necessary expenses to administer the Energy Employees 

Occupational Illness Compensation Program Act, $49,654,000, to 

remain available until expended: Provided, That the Secretary of 

Labor may require that any person filing a claim for benefits 

under the Act provide as part of such claim, such identifying 

information (including Social Security account number) as may 

be prescribed. 

BLACK LUNG DISABILITY TRUST FUND

(INCLUDING TRANSFER OF FUNDS) 

In fiscal year 2009 and thereafter, such sums as may be necessary from the Black Lung Disability Trust Fund (‘‘Fund’’), to 

remain available until expended, for payment of all benefits authorized by section 9501(d)(1), (2), (4), and (7) of the Internal Revenue 

Code of 1954; and interest on advances, as authorized by section 

9501(c)(2) of that Act. In addition, the following amounts may 

be expended from the Fund for fiscal year 2009 for expenses of 

operation and administration of the Black Lung Benefits program, 

as authorized by section 9501(d)(5): not to exceed $32,308,000 for 

transfer to the Employment Standards Administration ‘‘Salaries 

and Expenses’’; not to exceed $24,694,000 for transfer to Departmental Management, ‘‘Salaries and Expenses’’; not to exceed 

$325,000 for transfer to Departmental Management, ‘‘Office of 

Inspector General’’; and not to exceed $356,000 for payments into 

miscellaneous receipts for the expenses of the Department of the 

Treasury. 

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses for the Occupational Safety and Health 

Administration, $513,042,000, including not to exceed $92,593,000 

which shall be the maximum amount available for grants to States 

under section 23(g) of the Occupational Safety and Health Act 

(‘‘Act’’), which grants shall be no less than 50 percent of the costs 

of State occupational safety and health programs required to be 

incurred under plans approved by the Secretary of Labor under 

section 18 of the Act; and, in addition, notwithstanding 31 U.S.C. 

3302, the Occupational Safety and Health Administration may 

retain up to $750,000 per fiscal year of training institute course 

tuition fees, otherwise authorized by law to be collected, and may 

utilize such sums for occupational safety and health training and 

26 USC 9501 

note. 


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123 STAT. 758 PUBLIC LAW 111–8—MAR. 11, 2009 

education grants: Provided, That, notwithstanding 31 U.S.C. 3302, 

the Secretary is authorized, during the fiscal year ending September 

30, 2009, to collect and retain fees for services provided to Nationally Recognized Testing Laboratories, and may utilize such sums, 

in accordance with the provisions of 29 U.S.C. 9a, to administer 

national and international laboratory recognition programs that 

ensure the safety of equipment and products used by workers 

in the workplace: Provided further, That none of the funds appropriated under this paragraph shall be obligated or expended to 

prescribe, issue, administer, or enforce any standard, rule, regulation, or order under the Act which is applicable to any person 

who is engaged in a farming operation which does not maintain 

a temporary labor camp and employs 10 or fewer employees: Provided further, That no funds appropriated under this paragraph 

shall be obligated or expended to administer or enforce any 

standard, rule, regulation, or order under the Act with respect 

to any employer of 10 or fewer employees who is included within 

a category having a Days Away, Restricted, or Transferred (DART) 

occupational injury and illness rate, at the most precise industrial 

classification code for which such data are published, less than 

the national average rate as such rates are most recently published 

by the Secretary, acting through the Bureau of Labor Statistics, 

in accordance with section 24 of the Act, except— 

(1) to provide, as authorized by the Act, consultation, technical assistance, educational and training services, and to conduct surveys and studies; 

(2) to conduct an inspection or investigation in response 

to an employee complaint, to issue a citation for violations 

found during such inspection, and to assess a penalty for violations which are not corrected within a reasonable abatement 

period and for any willful violations found; 

(3) to take any action authorized by the Act with respect 

to imminent dangers; 

(4) to take any action authorized by the Act with respect 

to health hazards; 

(5) to take any action authorized by the Act with respect 

to a report of an employment accident which is fatal to one 

or more employees or which results in hospitalization of two 

or more employees, and to take any action pursuant to such 

investigation authorized by the Act; and 

(6) to take any action authorized by the Act with respect 

to complaints of discrimination against employees for exercising 

rights under the Act: 

Provided further, That the foregoing proviso shall not apply to 

any person who is engaged in a farming operation which does 

not maintain a temporary labor camp and employs 10 or fewer 

employees: Provided further, That $10,000,000 shall be available 

for Susan Harwood training grants, of which $3,144,000 shall be 

used for the Institutional Competency Building training grants 

awarded in February 2008, provided that a grantee has demonstrated satisfactory performance: Provided further, That such 

grants shall be awarded not later than 30 days after the date 

of enactment of this Act. 

Grants. 

Deadline. 

Farms and 

farming. 

Small businesses. 

Farms and 

farming. 

Fees. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 759 

MINE SAFETY AND HEALTH ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses for the Mine Safety and Health Administration, $347,003,000, including purchase and bestowal of 

certificates and trophies in connection with mine rescue and firstaid work, and the hire of passenger motor vehicles, including up 

to $2,000,000 for mine rescue and recovery activities, and $1,808,000 

to continue the project with the United Mine Workers of America, 

for classroom and simulated rescue training for mine rescue teams; 

in addition, not to exceed $750,000 may be collected by the National 

Mine Health and Safety Academy for room, board, tuition, and 

the sale of training materials, otherwise authorized by law to be 

collected, to be available for mine safety and health education 

and training activities, notwithstanding 31 U.S.C. 3302; and, in 

addition, the Mine Safety and Health Administration may retain 

up to $1,000,000 from fees collected for the approval and certification of equipment, materials, and explosives for use in mines, 

and may utilize such sums for such activities; the Secretary of 

Labor is authorized to accept lands, buildings, equipment, and 

other contributions from public and private sources and to prosecute 

projects in cooperation with other agencies, Federal, State, or private; the Mine Safety and Health Administration is authorized 

to promote health and safety education and training in the mining 

community through cooperative programs with States, industry, 

and safety associations; the Secretary is authorized to recognize 

the Joseph A. Holmes Safety Association as a principal safety 

association and, notwithstanding any other provision of law, may 

provide funds and, with or without reimbursement, personnel, 

including service of Mine Safety and Health Administration officials 

as officers in local chapters or in the national organization; and 

any funds available to the Department of Labor may be used, 

with the approval of the Secretary, to provide for the costs of 

mine rescue and survival operations in the event of a major disaster. 

BUREAU OF LABOR STATISTICS

SALARIES AND EXPENSES

For necessary expenses for the Bureau of Labor Statistics, 

including advances or reimbursements to State, Federal, and local 

agencies and their employees for services rendered, $518,918,000, 

together with not to exceed $78,264,000, which may be expended 

from the Employment Security Administration Account in the 

Unemployment Trust Fund, of which $1,500,000 may be used to 

fund the mass layoff statistics program under section 15 of the 

Wagner-Peyser Act: Provided, That the Current Employment 

Survey shall maintain the content of the survey issued prior to 

June 2005 with respect to the collection of data for the women 

worker series. 

OFFICE OF DISABILITY EMPLOYMENT POLICY

SALARIES AND EXPENSES

For necessary expenses for the Office of Disability Employment 

Policy to provide leadership, develop policy and initiatives, and 

award grants furthering the objective of eliminating barriers to 

Survey. 

30 USC 962. 


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123 STAT. 760 PUBLIC LAW 111–8—MAR. 11, 2009 

the training and employment of people with disabilities, 

$26,679,000. 

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

For necessary expenses for Departmental Management, 

including the hire of three sedans, and including the management 

or operation, through contracts, grants or other arrangements of 

Departmental activities conducted by or through the Bureau of 

International Labor Affairs, including bilateral and multilateral 

technical assistance and other international labor activities, 

$313,871,000, of which $86,074,000 is for the Bureau of International Labor Affairs (including $6,500,000 to implement model 

programs to address worker rights issues through technical assistance in countries with which the United States has trade preference 

programs), and of which $21,286,000 is for the acquisition of Departmental information technology, architecture, infrastructure, equipment, software and related needs, which will be allocated by the 

Department’s Chief Information Officer in accordance with the 

Department’s capital investment management process to assure 

a sound investment strategy; together with not to exceed $327,000, 

which may be expended from the Employment Security Administration Account in the Unemployment Trust Fund. 

OFFICE OF JOB CORPS

To carry out subtitle C of title I of the Workforce Investment 

Act of 1998, including Federal administrative expenses, the purchase and hire of passenger motor vehicles, the construction, alteration and repairs of buildings and other facilities, and the purchase 

of real property for training centers as authorized by the Workforce 

Investment Act; $1,683,938,000, plus reimbursements, as follows: (1) $1,540,276,000 for Job Corps Operations, of which $949,276,000 shall be available for obligation for the period 

July 1, 2009 through June 30, 2010 and of which $591,000,000 

shall be available for obligation for the period October 1, 2009 

through June 30, 2010; 

(2) $115,000,000 for construction, rehabilitation and 

acquisition of Job Corps Centers, of which $15,000,000 shall 

be available for the period July 1, 2009 through June 30, 

2012 and $100,000,000 shall be available for the period October 

1, 2009 through June 30, 2012; and 

(3) $28,662,000 for necessary expenses of the Office of 

Job Corps shall be available for obligation for the period October 

1, 2008 through September 30, 2009: 

Provided, That the Office of Job Corps shall have contracting 

authority: Provided further, That no funds from any other appropriation shall be used to provide meal services at or for Job Corps 

centers. 

VETERANS EMPLOYMENT AND TRAINING

Not to exceed $205,468,000 may be derived from the Employment Security Administration Account in the Unemployment Trust 

Fund to carry out the provisions of 38 U.S.C. 4100–4113, 4211– 

4215, and 4321–4327, and Public Law 103–353, and which shall 

Contracts. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 761 

be available for obligation by the States through December 31, 

2009, of which $1,949,000 is for the National Veterans’ Employment 

and Training Services Institute. To carry out the Homeless Veterans 

Reintegration Programs under section 5(a)(1) of the Homeless Veterans Comprehensive Assistance Act of 2001 and the Veterans 

Workforce Investment Programs under section 168 of the Workforce 

Investment Act, $33,971,000, of which $7,641,000 shall be available 

for obligation for the period July 1, 2009 through June 30, 2010. 

OFFICE OF INSPECTOR GENERAL

For salaries and expenses of the Office of Inspector General 

in carrying out the provisions of the Inspector General Act of 

1978, $76,326,000, together with not to exceed $5,815,000, which 

may be expended from the Employment Security Administration 

Account in the Unemployment Trust Fund. 

GENERAL PROVISIONS

SEC. 101. None of the funds appropriated in this Act for the 

Job Corps shall be used to pay the salary of an individual, either 

as direct costs or any proration as an indirect cost, at a rate 

in excess of Executive Level I. 

(TRANSFER OF FUNDS) 

SEC. 102. Not to exceed 1 percent of any discretionary funds 

(pursuant to the Balanced Budget and Emergency Deficit Control 

Act of 1985) which are appropriated for the current fiscal year 

for the Department of Labor in this Act may be transferred between 

a program, project, or activity, but no such program, project, or 

activity shall be increased by more than 3 percent by any such 

transfer: Provided, That the transfer authority granted by this 

section shall be available only to meet emergency needs and shall 

not be used to create any new program or to fund any project 

or activity for which no funds are provided in this Act: Provided 

further, That the Committees on Appropriations of the House of 

Representatives and the Senate are notified at least 15 days in 

advance of any transfer. 

SEC. 103. In accordance with Executive Order No. 13126, none 

of the funds appropriated or otherwise made available pursuant 

to this Act shall be obligated or expended for the procurement 

of goods mined, produced, manufactured, or harvested or services 

rendered, whole or in part, by forced or indentured child labor 

in industries and host countries already identified by the United 

States Department of Labor prior to enactment of this Act. 

SEC. 104. After September 30, 2008, the Secretary of Labor 

shall issue a monthly transit subsidy of not less than the full 

amount (of not less than $115) that each of its employees of the 

National Capital Region is eligible to receive. 

SEC. 105. None of the funds appropriated in this title for 

grants under section 171 of the Workforce Investment Act of 1998 

may be obligated prior to the preparation and submission of a 

report by the Secretary of Labor to the Committees on Appropriations of the House of Representatives and the Senate detailing 

the planned uses of such funds. 

Reports. 

Effective date. 

Transit subsidy. 

5 USC 7905 note. 

Child labor. 

Notification. 

Deadline. 


dkrause on GSDDPC29 with PUBLIC LAWS
123 STAT. 762 PUBLIC LAW 111–8—MAR. 11, 2009 

SEC. 106. There is authorized to be appropriated such sums 

as may be necessary to the Denali Commission through the Department of Labor to conduct job training of the local workforce where 

Denali Commission projects will be constructed. 

SEC. 107. None of the funds made available to the Department 

of Labor for grants under section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 may be used 

for any purpose other than training in the occupations and industries for which employers are using H–1B visas to hire foreign 

workers, and the related activities necessary to support such 

training: Provided, That the preceding limitation shall not apply 

to multi-year grants awarded prior to June 30, 2007. 

SEC. 108. None of the funds available in this Act or available 

to the Secretary of Labor from other sources for Community-Based 

Job Training grants and grants authorized under section 414(c) 

of the American Competitiveness and Workforce Improvement Act 

of 1998 shall be obligated for a grant awarded on a non-competitive 

basis. 

SEC. 109. The Secretary of Labor shall take no action to amend, 

through regulatory or administration action, the definition established in section 667.220 of title 20 of the Code of Federal Regulations for functions and activities under title I of the Workforce 

Investment Act of 1998, or to modify, through regulatory or administrative action, the procedure for redesignation of local areas as 

specified in subtitle B of title I of that Act (including applying 

the standards specified in section 116(a)(3)(B) of that Act, but 

notwithstanding the time limits specified in section 116(a)(3)(B) 

of that Act), until such time as legislation reauthorizing the Act 

is enacted. Nothing in the preceding sentence shall permit or require 

the Secretary to withdraw approval for such redesignation from 

a State that received the approval not later than October 12, 

2005, or to revise action taken or modify the redesignation procedure 

being used by the Secretary in order to complete such redesignation 

for a State that initiated the process of such redesignation by 

submitting any request for such redesignation not later than 

October 26, 2005. 

SEC. 110. None of the funds made available in this or any 

other Act shall be available to finalize or implement any proposed 

regulation under the Workforce Investment Act of 1998, WagnerPeyser Act of 1933, or the Trade Adjustment Assistance Reform 

Act of 2002 until such time as legislation reauthorizing the 

Workforce Investment Act of 1998 and the Trade Adjustment Assistance Reform Act of 2002 is enacted. 

SEC. 111. None of the funds appropriated in this Act under 

the heading ‘‘Employment and Training Administration’’ shall be 

used by a recipient or subrecipient of such funds to pay the salary 

and bonuses of an individual, either as direct costs or indirect 

costs, at a rate in excess of Executive Level II. This limitation 

shall not apply to vendors providing goods and services as defined 

in Office of Management and Budget Circular A–133. Where States 

are recipients of such funds, States may establish a lower limit 

for salaries and bonuses of those receiving salaries and bonuses 

from subrecipients of such funds, taking into account factors 

including the relative cost-of-living in the State, the compensation 

levels for comparable State or local government employees, and 

the size of the organizations that administer Federal programs 


dkrause on GSDDPC29 with PUBLIC LAWS
PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 763 

involved including Employment and Training Administration programs. 

This title may be cited as the ‘‘Department of Labor Appropriations Act, 2009’’. 

TITLE II 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

HEALTH RESOURCES AND SERVICES ADMINISTRATION

HEALTH RESOURCES AND SERVICES

For carrying out titles II, III, IV, VII, VIII, X, XI, XII, XIX, 

and XXVI of the Public Health Service Act (‘‘PHS Act’’), section 

427(a) of the Federal Coal Mine Health and Safety Act, title V 

and sections 711, 1128E, and 1820 of the Social Security Act, 

the Health Care Quality Improvement Act of 1986, the Native 

Hawaiian Health Care Act of 1988, the Cardiac Arrest Survival 

Act of 2000, section 712 of the American Jobs Creation Act of 

2004, and the Stem Cell Therapeutic and Research Act of 2005, 

$7,234,436,000, of which $39,200,000 from general revenues, notwithstanding section 1820(j) of the Social Security Act, shall be 

available for carrying out the Medicare rural hospital flexibility 

grants program under such section: Provided, That of the funds 

made available under this heading, $129,000 shall be available 

until expended for facilities renovations at the Gillis W. Long 

Hansen’s Disease Center: Provided further, That $56,000,000 of 

the funding provided for community health centers shall be for 

base grant adjustments for existing health centers: Provided further, That in addition to fees authorized by section 427(b) of the Health 

Care Quality Improvement Act of 1986, fees shall be collected 

for the full disclosure of information under the Act sufficient to 

recover the full costs of operating the National Practitioner Data 

Bank, and shall remain available until expended to carry out that 

Act: Provided further, That fees collected for the full disclosure 

of information under the ‘‘Health Care Fraud and Abuse Data 

Collection Program’’, authorized by section 1128E(d)(2) of the Social 

Security Act, shall be sufficient to recover the full costs of operating 

the program, and shall remain available until expended to carry 

out that Act: Provided further, That no more than $40,000 is available until expended for carrying out the provisions of section 224(o) 

of the PHS Act including associated administrative expenses and 

relevant evaluations: Provided further, That no more than 

$44,055,000 is available until expended for carrying out the provisions of Public Law 104–73 and for expenses incurred by the Department of Health and Human Services pertaining to administrative 

claims made under such law: Provided further, That of the funds 

made available under this heading, $307,491,000 shall be for the 

program under title X of the PHS Act to provide for voluntary 

family planning projects: Provided further, That amounts provided 

to said projects under such title shall not be expended for abortions, 

that all pregnancy counseling shall be nondirective, and that such 

amounts shall not be expended for any activity (including the 

publication or distribution of literature) that in any way tends 

to promote public support or opposition to any legislative proposal 

or candidate for public office: Provided further, That of the funds 

available under this heading, $1,886,873,000 shall remain available 

Abortions. 

Political 

activities. 

Department of 

Health and 

Human Services 

Appropriations 

Act, 2009. 


dkrause on GSDDPC29 with PUBLIC LAWS
123 STAT. 764 PUBLIC LAW 111–8—MAR. 11, 2009 

to the Secretary of Health and Human Services through September 

30, 2011, for parts A and B of title XXVI of the PHS Act: Provided 

further, That within the amounts provided for part A of title XXVI 

of the PHS Act, $10,853,000 is available to the Secretary of Health 

and Human Services through September 30, 2011, and shall be 

available to qualifying jurisdictions, within 30 days of enactment, 

for increasing supplemental grants for fiscal year 2009 to metropolitan areas that received grant funding in fiscal year 2008 under 

subpart I of part A of title XXVI of the PHS Act to ensure that 

an area’s total funding under subpart I of part A for fiscal year 

2008, together with the amount of this additional funding, is not 

less than 93.7 percent of the amount of such area’s total funding 

under part A for fiscal year 2006, and to transitional areas that 

received grant funding in fiscal year 2008 under subpart II of 

part A of title XXVI of the PHS Act to ensure that an area’s 

total funding under subpart II of part A for fiscal year 2008, 

together with the amount of this additional funding, is not less 

than 88.7 percent of the amount of such area’s total funding under 

part A for fiscal year 2006: Provided further, That notwithstanding 

section 2603(c)(1) of the PHS Act, the additional funding to areas 

under the immediately preceding proviso, which may be used for 

costs incurred during fiscal year 2008, shall be available to the 

area for obligation from the date of the award through the end 

of the grant year for the award: Provided further, That $815,000,000 

shall be for State AIDS Drug Assistance Programs authorized by 

section 2616 of the PHS Act: Provided further, That in addition 

to amounts provided herein, $25,000,000 shall be available from 

amounts available under section 241 of the PHS Act to carry out 

parts A, B, C, and D of title XXVI of the PHS Act to fund section 

2691 Special Projects of National Significance: Provided further, 

That notwithstanding section 502(a)(1) and 502(b)(1) of the Social 

Security Act, not to exceed $92,551,000 is available for carrying 

out special projects of regional and national significance pursuant 

to section 501(a)(2) of such Act and $10,400,000 is available for 

projects described in paragraphs (A) through (F) of section 501(a)(3) 

of such Act: Provided further, That notwithstanding section 747(e)(2) 

of the PHS Act, not less than $5,000,000 shall be for general 

dentistry programs, not less than $5,000,000 shall be for pediatric 

dentistry programs including faculty loan repayment, and not less 

than $29,025,000 shall be for family medicine programs: Provided 

further, That of the funds provided, $19,642,000 shall be provided 

to the Denali Commission as a direct lump payment pursuant 

to Public Law 106–113: Provided further, That of the funds provided, 

$26,000,000 shall be provided for the Delta Health Initiative as 

authorized in section 219 of division G of Public Law 110–161 

and associated administrative expenses: Provided further, That 

funds provided under section 846 and subpart 3 of part D of title 

III of the PHS Act may be used to make prior year adjustments 

to awards made under these sections: Provided further, That of 

the amount appropriated in this paragraph, $310,470,000 shall 

be used for the projects financing the construction and renovation 

(including equipment) of health care and other facilities and for 

other health-related activities, and in the amounts, specified under 

the heading ‘‘Health Resources and Services’’ in the explanatory 

statement described in section 4 (in the matter preceding division 

A of this consolidated Act), and of which up to one percent of 

Deadline. 

Grants. 

Urban and rural 

areas. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 765 

the amount for each project may be used for related agency administrative expenses: Provided further, That notwithstanding section 338J(k) of the PHS Act, $9,201,000 is available for State Offices 

of Rural Health: Provided further, That of the funds provided, 

$15,000,000 is available for the Small Rural Hospital Improvement 

Grant Program for quality improvement and adoption of health 

information technology. 

HEALTH EDUCATION ASSISTANCE LOANS PROGRAM ACCOUNT

Such sums as may be necessary to carry out the purpose 

of the program, as authorized by title VII of the Public Health 

Service Act (‘‘PHS Act’’). For administrative expenses to carry out 

the guaranteed loan program, including section 709 of the PHS 

Act, $2,847,000. 

VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

For payments from the Vaccine Injury Compensation Program 

Trust Fund (‘‘Trust Fund’’), such sums as may be necessary for 

claims associated with vaccine-related injury or death with respect 

to vaccines administered after September 30, 1988, pursuant to 

subtitle 2 of title XXI of the Public Health Service Act, to remain 

available until expended: Provided, That for necessary administrative expenses, not to exceed $5,404,000 shall be available from 

the Trust Fund to the Secretary of Health and Human Services. 

CENTERS FOR DISEASE CONTROL AND PREVENTION

DISEASE CONTROL, RESEARCH, AND TRAINING

To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, and 

XXVI of the Public Health Service Act (‘‘PHS Act’’), sections 101, 

102, 103, 201, 202, 203, 301, 501, and 514 of the Federal Mine 

Safety and Health Act of 1977, section 13 of the Mine Improvement 

and New Emergency Response Act of 2006, sections 20, 21, and 

22 of the Occupational Safety and Health Act of 1970, title IV 

of the Immigration and Nationality Act, section 501 of the Refugee 

Education Assistance Act of 1980, and for expenses necessary to 

support activities related to countering potential biological, nuclear, 

radiological, and chemical threats to civilian populations; including 

purchase and insurance of official motor vehicles in foreign countries; and purchase, hire, maintenance, and operation of aircraft, 

$6,283,350,000, of which $151,500,000 shall remain available until 

expended for acquisition of real property, equipment, construction 

and renovation of facilities; of which $570,307,000 shall remain 

available until expended for the Strategic National Stockpile under 

section 319F–2 of the PHS Act; of which $21,997,000 shall be 

used for the projects, and in the amounts, specified under the 

heading ‘‘Disease Control, Research, and Training’’ in the explanatory statement described in section 4 (in the matter preceding 

division A of this consolidated Act); of which $118,863,000 for international HIV/AIDS shall remain available through September 30, 

2010; and of which $70,000,000 shall be available until expended 

to provide screening and treatment for first response emergency 

services personnel, residents, students, and others related to the 

September 11, 2001 terrorist attacks on the World Trade Center: 

Provided, That in addition, such sums as may be derived from 


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123 STAT. 766 PUBLIC LAW 111–8—MAR. 11, 2009 

authorized user fees, which shall be credited to this account: Provided further, That in addition to amounts provided herein, the 

following amounts shall be available from amounts available under 

section 241 of the PHS Act: (1) $12,794,000 to carry out the National 

Immunization Surveys; (2) $124,701,000 to carry out the National 

Center for Health Statistics surveys; (3) $24,751,000 to carry out 

information systems standards development and architecture and 

applications-based research used at local public health levels; (4) 

$46,780,000 for Health Marketing; (5) $31,000,000 to carry out 

Public Health Research; and (6) $91,225,000 to carry out research 

activities within the National Occupational Research Agenda: Provided further, That none of the funds made available for injury 

prevention and control at the Centers for Disease Control and 

Prevention may be used, in whole or in part, to advocate or promote 

gun control: Provided further, That of the funds made available 

under this heading, up to $1,000 per eligible employee of the Centers 

for Disease Control and Prevention shall be made available until 

expended for Individual Learning Accounts: Provided further, That 

the Director may redirect the total amount made available under 

authority of Public Law 101–502, section 3, dated November 3, 

1990, to activities the Director may so designate: Provided further, 

That the Committees on Appropriations of the House of Representatives and the Senate are to be notified promptly of any such redirection: Provided further, That not to exceed $19,528,000 may be 

available for making grants under section 1509 of the PHS Act 

to not less than 21 States, tribes, or tribal organizations: Provided 

further, That notwithstanding any other provision of law, the Centers for Disease Control and Prevention shall award a single contract or related contracts for development and construction of the 

next building or facility designated in the Buildings and Facilities 

Master Plan that collectively include the full scope of the project: 

Provided further, That the solicitation and contract shall contain 

the clause ‘‘availability of funds’’ found at 48 CFR 52.232–18: Provided further, That of the funds appropriated, $10,000 shall be 

for official reception and representation expenses when specifically 

approved by the Director of the Centers for Disease Control and 

Prevention: Provided further, That employees of the Centers for 

Disease Control and Prevention or the Public Health Service, both 

civilian and Commissioned Officers, detailed to States, municipalities, or other organizations under authority of section 214 of the 

PHS Act, or in overseas assignments, shall be treated as nonFederal employees for reporting purposes only and shall not be 

included within any personnel ceiling applicable to the Agency, 

Service, or the Department of Health and Human Services during 

the period of detail or assignment: Provided further, That out of 

funds made available under this heading for domestic HIV/AIDS 

testing, up to $15,000,000 shall be for States newly eligible in 

fiscal year 2009 under section 2625 of the PHS Act as of December 

31, 2008 and shall be distributed by May 31, 2009 based on standard 

criteria relating to a State’s epidemiological profile, and of which 

not more than $1,000,000 may be made available to any one State, 

and amounts that have not been obligated by May 31, 2009 shall 

be made available to States and local public health departments 

for HIV testing activities: Provided further, That none of the funds 

made available in this Act to carry out part A of title XIX of 

the PHS Act may be used to provide more than 75 percent of 

any State’s allotment under section 1902 of the PHS Act until 

Certification. 

Plans. 

Deadline. 

Contracts. 

Notification. 

Gun control. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 767 

such State certifies that it will submit a plan to the Secretary 

of Health and Human Services, not later than January 1, 2010, 

to reduce healthcare-associated infections: Provided further, That 

each such State plan shall be consistent with the Department 

of Health and Human Services’ national action plan for reducing 

healthcare-associated infections and include measurable 5-year 

goals and interim milestones for reducing such infections: Provided 

further, That the Secretary shall conduct a review of the State 

plans submitted pursuant to the preceding proviso and report to 

the Committees on Appropriations of the House of Representatives 

and the Senate not later than June 1, 2010, regarding the adequacy 

of such plans for achieving State and national goals for reducing 

healthcare-associated infections: Provided further, That for purposes 

of the two preceding provisos, the term ‘‘State’’ means each of 

the several States, the District of Columbia, and the Commonwealth 

of Puerto Rico. 

In addition, for necessary expenses to administer the Energy 

Employees Occupational Illness Compensation Program Act, 

$55,358,000, to remain available until expended, of which 

$4,500,000 shall be for use by or in support of the Advisory Board 

on Radiation and Worker Health (‘‘the Board’’) to carry out its 

statutory responsibilities, including obtaining audits, technical 

assistance, and other support from the Board’s audit contractor 

with regard to radiation dose estimation and reconstruction efforts, 

site profiles, procedures, and review of Special Exposure Cohort 

petitions and evaluation reports: Provided, That this amount shall 

be available consistent with the provision regarding administrative 

expenses in section 151(b) of division B, title I of Public Law 

106–554. 

NATIONAL INSTITUTES OF HEALTH

NATIONAL CANCER INSTITUTE

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to cancer, $4,968,973,000, of which up 

to $8,000,000 may be used for facilities repairs and improvements 

at the National Cancer Institute-Frederick Federally Funded 

Research and Development Center in Frederick, Maryland. 

NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to cardiovascular, lung, and blood diseases, 

and blood and blood products, $3,015,689,000. 

NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL RESEARCH

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to dental disease, $402,652,000. 

NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY

DISEASES

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to diabetes and digestive and kidney disease, $1,761,338,000. 

Review. 

Reports. 

Deadline. 


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123 STAT. 768 PUBLIC LAW 111–8—MAR. 11, 2009 

NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to neurological disorders and stroke, 

$1,593,344,000. 

NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES

(INCLUDING TRANSFER OF FUNDS) 

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to allergy and infectious diseases, 

$4,702,572,000: Provided, That $300,000,000 may be made available 

to International Assistance Programs ‘‘Global Fund to Fight HIV/ 

AIDS, Malaria, and Tuberculosis’’, to remain available until 

expended. 

NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

For carrying out section 301 and title IV of the Public Health Service Act with respect to general medical sciences, $1,997,801,000. 

EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF CHILD HEALTH

AND HUMAN DEVELOPMENT

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to child health and human development, 

$1,294,894,000. 

NATIONAL EYE INSTITUTE

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to eye diseases and visual disorders, 

$688,480,000. 

NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to environmental health sciences, 

$662,820,000. 

NATIONAL INSTITUTE ON AGING

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to aging, $1,080,796,000. 

NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND SKIN

DISEASES

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to arthritis and musculoskeletal and skin 

diseases, $524,872,000. 

NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION

DISORDERS

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to deafness and other communication disorders, $407,259,000. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 769 

NATIONAL INSTITUTE OF NURSING RESEARCH

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to nursing research, $141,879,000. 

NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to alcohol abuse and alcoholism, 

$450,230,000. 

NATIONAL INSTITUTE ON DRUG ABUSE

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to drug abuse, $1,032,759,000. 

NATIONAL INSTITUTE OF MENTAL HEALTH

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to mental health, $1,450,491,000. 

NATIONAL HUMAN GENOME RESEARCH INSTITUTE

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to human genome research, $502,367,000. 

NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND BIOENGINEERING

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to biomedical imaging and bioengineering 

research, $308,208,000. 

NATIONAL CENTER FOR RESEARCH RESOURCES

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to research resources and general research 

support grants, $1,226,263,000. 

NATIONAL CENTER FOR COMPLEMENTARY AND ALTERNATIVE

MEDICINE

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to complementary and alternative medicine, $125,471,000. 

NATIONAL CENTER ON MINORITY HEALTH AND HEALTH DISPARITIES

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to minority health and health disparities 

research, $205,959,000. 

JOHN E. FOGARTY INTERNATIONAL CENTER

For carrying out the activities of the John E. Fogarty International Center (described in subpart 2 of part E of title IV of 

the Public Health Service Act), $68,691,000. 

NATIONAL LIBRARY OF MEDICINE

For carrying out section 301 and title IV of the Public Health 

Service Act (‘‘PHS Act’’) with respect to health information communications, $330,771,000, of which $4,000,000 shall be available until 


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123 STAT. 770 PUBLIC LAW 111–8—MAR. 11, 2009 

expended for improvement of information systems: Provided, That 

in fiscal year 2009, the National Library of Medicine may enter 

into personal services contracts for the provision of services in 

facilities owned, operated, or constructed under the jurisdiction 

of the National Institutes of Health: Provided further, That in 

addition to amounts provided herein, $8,200,000 shall be available 

from amounts available under section 241 of the PHS Act to carry 

out the purposes of the National Information Center on Health 

Services Research and Health Care Technology established under 

section 478A of the PHS Act and related health services. 

OFFICE OF THE DIRECTOR

For carrying out the responsibilities of the Office of the Director, National Institutes of Health (‘‘NIH’’), $1,246,864,000, of which 

up to $25,000,000 shall be used to carry out section 214 of this 

Act: Provided, That funding shall be available for the purchase 

of not to exceed 29 passenger motor vehicles for replacement only: 

Provided further, That the NIH is authorized to collect third party 

payments for the cost of clinical services that are incurred in 

NIH research facilities and that such payments shall be credited 

to the NIH Management Fund: Provided further, That all funds 

credited to such Fund shall remain available for one fiscal year 

after the fiscal year in which they are deposited: Provided further, That up to $192,300,000 shall be available for continuation of 

the National Children’s Study: Provided further, That $541,133,000 

shall be available for the Common Fund established under section 

402A(c)(1) of the Public Health Service Act (‘‘PHS Act’’): Provided 

further, That of the funds provided $10,000 shall be for official 

reception and representation expenses when specifically approved 

by the Director of the NIH: Provided further, That the Office of 

AIDS Research within the Office of the Director of the NIH may 

spend up to $8,000,000 to make grants for construction or renovation of facilities as provided for in section 2354(a)(5)(B) of the 

PHS Act. 

BUILDINGS AND FACILITIES

For the study of, construction of, renovation of, and acquisition 

of equipment for, facilities of or used by the National Institutes 

of Health, including the acquisition of real property, $125,581,000, 

to remain available until expended. 

SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION

SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

For carrying out titles III, V, and XIX of the Public Health 

Service Act (‘‘PHS Act’’) with respect to substance abuse and mental 

health services and the Protection and Advocacy for Individuals 

with Mental Illness Act, $3,334,906,000, of which $15,666,000 shall 

be used for the projects, and in the amounts, specified under the 

heading ‘‘Substance Abuse and Mental Health Services’’ in the 

explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided, That notwithstanding section 520A(f)(2) of the PHS Act, no funds appropriated 

for carrying out section 520A are available for carrying out section 

1971 of the PHS Act: Provided further, That $2,000,000 shall be 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 771 

available to establish State-administered controlled substance monitoring systems as authorized by Public Law 109–60: Provided further, That $772,000 shall be for reimbursing the General Services 

Administration for environmental testing and remediation on the 

federally owned facilities at St. Elizabeths Hospital, including but 

not limited to testing and remediation conducted prior to fiscal 

year 2009: Provided further, That in addition to amounts provided 

herein, the following amounts shall be available under section 241 

of the PHS Act: (1) $79,200,000 to carry out subpart II of part 

B of title XIX of the PHS Act to fund section 1935(b) technical 

assistance, national data, data collection and evaluation activities, 

and further that the total available under this Act for section 

1935(b) activities shall not exceed 5 percent of the amounts appropriated for subpart II of part B of title XIX; (2) $21,039,000 to 

carry out subpart I of part B of title XIX of the PHS Act to 

fund section 1920(b) technical assistance, national data, data collection and evaluation activities, and further that the total available 

under this Act for section 1920(b) activities shall not exceed 5 

percent of the amounts appropriated for subpart I of part B of 

title XIX; (3) $22,750,000 to carry out national surveys on drug 

abuse and mental health; and (4) $8,596,000 to collect and analyze 

data and evaluate substance abuse treatment programs: Provided 

further, That section 520E(b)(2) of the PHS Act shall not apply 

to funds appropriated under this Act for fiscal year 2009. 

AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

HEALTHCARE RESEARCH AND QUALITY

For carrying out titles III and IX of the Public Health Service 

Act (‘‘PHS Act’’), part A of title XI of the Social Security Act, 

and section 1013 of the Medicare Prescription Drug, Improvement, 

and Modernization Act of 2003, amounts received from Freedom 

of Information Act fees, reimbursable and interagency agreements, 

and the sale of data shall be credited to this appropriation and 

shall remain available until expended: Provided, That the amount 

made available pursuant to section 937(c) of the PHS Act shall 

not exceed $372,053,000. 

CENTERS FOR MEDICARE AND MEDICAID SERVICES

GRANTS TO STATES FOR MEDICAID

For carrying out, except as otherwise provided, titles XI and 

XIX of the Social Security Act, $149,335,031,000, to remain available until expended. 

For making, after May 31, 2009, payments to States under 

title XIX of the Social Security Act for the last quarter of fiscal 

year 2009 for unanticipated costs, incurred for the current fiscal 

year, such sums as may be necessary. 

For making payments to States or in the case of section 1928 

on behalf of States under title XIX of the Social Security Act 

for the first quarter of fiscal year 2010, $71,700,038,000, to remain 

available until expended. 

Payment under title XIX may be made for any quarter with 

respect to a State plan or plan amendment in effect during such 

quarter, if submitted in or prior to such quarter and approved 

in that or any subsequent quarter. 


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123 STAT. 772 PUBLIC LAW 111–8—MAR. 11, 2009 

PAYMENTS TO HEALTH CARE TRUST FUNDS

For payment to the Federal Hospital Insurance Trust Fund 

and the Federal Supplementary Medical Insurance Trust Fund, 

as provided under sections 217(g), 1844, and 1860D–16 of the Social 

Security Act, sections 103(c) and 111(d) of the Social Security 

Amendments of 1965, section 278(d) of Public Law 97–248, and 

for administrative expenses incurred pursuant to section 201(g) 

of the Social Security Act, $195,383,000,000. 

In addition, for making matching payments under section 1844, 

and benefit payments under section 1860D–16 of the Social Security 

Act, not anticipated in budget estimates, such sums as may be 

necessary. 

PROGRAM MANAGEMENT

For carrying out, except as otherwise provided, titles XI, XVIII, 

XIX, and XXI of the Social Security Act, titles XIII and XXVII 

of the Public Health Service Act (‘‘PHS Act’’), and the Clinical 

Laboratory Improvement Amendments of 1988, not to exceed 

$3,305,386,000, to be transferred from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance 

Trust Fund, as authorized by section 201(g) of the Social Security 

Act; together with all funds collected in accordance with section 

353 of the PHS Act and section 1857(e)(2) of the Social Security 

Act, funds retained by the Secretary of Health and Human Services 

pursuant to section 302 of the Tax Relief and Health Care Act 

of 2006; and such sums as may be collected from authorized user 

fees and the sale of data, which shall be credited to this account 

and remain available until expended: Provided, That all funds 

derived in accordance with 31 U.S.C. 9701 from organizations established under title XIII of the PHS Act shall be credited to and 

available for carrying out the purposes of this appropriation: Provided further, That $35,700,000, to remain available through September 30, 2010, shall be for contract costs for the Healthcare 

Integrated General Ledger Accounting System: Provided further, That $108,900,000, to remain available through September 30, 2010, 

shall be for the Centers for Medicare and Medicaid Services (‘‘CMS’’) 

Medicare contracting reform activities: Provided further, That funds 

appropriated under this heading shall be available for the Healthy 

Start, Grow Smart program under which the CMS may, directly 

or through grants, contracts, or cooperative agreements, produce 

and distribute informational materials including, but not limited 

to, pamphlets and brochures on infant and toddler health care 

to expectant parents enrolled in the Medicaid program and to 

parents and guardians enrolled in such program with infants and 

children: Provided further, That the Secretary is directed to collect 

fees in fiscal year 2009 from Medicare Advantage organizations 

pursuant to section 1857(e)(2) of the Social Security Act and from 

eligible organizations with risk-sharing contracts under section 1876 

of that Act pursuant to section 1876(k)(4)(D) of that Act: Provided 

further, That $4,542,000 shall be used for the projects, and in 

the amounts, specified under the heading ‘‘Program Management’’ 

in the explanatory statement described in section 4 (in the matter 

preceding division A of this consolidated Act): Provided further, That $75,000,000 is available for the State high risk health insurance pool program as authorized by the State High Risk Pool 

Funding Extension Act of 2006. 

Fees. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 773 

HEALTH CARE FRAUD AND ABUSE CONTROL ACCOUNT

In addition to amounts otherwise available for program integrity and program management, $198,000,000, to be transferred 

from the Federal Hospital Insurance Trust Fund and the Federal 

Supplementary Medical Insurance Trust Fund, as authorized by 

section 201(g) of the Social Security Act, of which $147,038,000 

shall be for the Medicare Integrity Program at the Centers for 

Medicare and Medicaid Services to conduct oversight of activities 

for Medicare Advantage and the Medicare Prescription Drug Program authorized in title XVIII of the Social Security Act, including 

activities listed in section 1893(b) of such Act; of which $18,967,000 

shall be for the Department of Health and Human Services Office 

of Inspector General; of which $13,028,000 shall be for the Medicaid 

and State Children’s Health Insurance Program (‘‘SCHIP’’) program 

integrity activities; and of which $18,967,000 shall be for the 

Department of Justice: Provided, That the report required by section 

1817(k)(5) of the Social Security Act for fiscal year 2009 shall 

include measures of the operational efficiency and impact on fraud, 

waste, and abuse in the Medicare, Medicaid, and SCHIP programs 

for the funds provided by this appropriation. 

ADMINISTRATION FOR CHILDREN AND FAMILIES

PAYMENTS TO STATES FOR CHILD SUPPORT ENFORCEMENT AND

FAMILY SUPPORT PROGRAMS

For making payments to States or other non-Federal entities 

under titles I, IV–D, X, XI, XIV, and XVI of the Social Security 

Act and the Act of July 5, 1960, $2,759,078,000, to remain available 

until expended; and for such purposes for the first quarter of 

fiscal year 2010, $1,000,000,000, to remain available until expended. 

For making payments to each State for carrying out the program of Aid to Families with Dependent Children under title IV– 

A of the Social Security Act before the effective date of the program 

of Temporary Assistance for Needy Families with respect to such 

State, such sums as may be necessary: Provided, That the sum 

of the amounts available to a State with respect to expenditures 

under such title IV–A in fiscal year 1997 under this appropriation 

and under such title IV–A as amended by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 shall not 

exceed the limitations under section 116(b) of such Act. 

For making, after May 31 of the current fiscal year, payments 

to States or other non-Federal entities under titles I, IV–D, X, 

XI, XIV, and XVI of the Social Security Act and the Act of July 

5, 1960, for the last 3 months of the current fiscal year for unanticipated costs, incurred for the current fiscal year, such sums as 

may be necessary. 

REFUGEE AND ENTRANT ASSISTANCE

For necessary expenses for refugee and entrant assistance 

activities authorized by section 414 of the Immigration and Nationality Act and section 501 of the Refugee Education Assistance 

Act of 1980, for carrying out section 462 of the Homeland Security 

Act of 2002, for costs associated with the care and placement 

of unaccompanied alien children, and for carrying out the Torture 

Victims Relief Act of 1998, $633,442,000, of which up to $9,814,000 

Reports. 


dkrause on GSDDPC29 with PUBLIC LAWS
123 STAT. 774 PUBLIC LAW 111–8—MAR. 11, 2009 

shall be available to carry out the Trafficking Victims Protection 

Act of 2000: Provided, That funds appropriated under this heading 

pursuant to section 414(a) of the Immigration and Nationality Act 

and section 462 of the Homeland Security Act of 2002 for fiscal 

year 2009 shall be available for the costs of assistance provided 

and other activities to remain available through September 30, 

2011. 

PAYMENTS TO STATES FOR THE CHILD CARE AND DEVELOPMENT

BLOCK GRANT

For carrying out the Child Care and Development Block Grant Act of 1990, $2,127,081,000 shall be used to supplement, not supplant State general revenue funds for child care assistance for 

low-income families: Provided, That $18,960,000 shall be available 

for child care resource and referral and school-aged child care 

activities, of which $1,000,000 shall be for the Child Care Aware 

toll-free hotline: Provided further, That, in addition to the amounts 

required to be reserved by the States under section 658G, 

$271,401,000 shall be reserved by the States for activities authorized under section 658G, of which $99,534,000 shall be for activities 

that improve the quality of infant and toddler care: Provided further, That $9,910,000 shall be for use by the Secretary of Health and 

Human Services for child care research, demonstration, and evaluation activities. 

SOCIAL SERVICES BLOCK GRANT

For making grants to States pursuant to section 2002 of the 

Social Security Act, $1,700,000,000: Provided, That notwithstanding 

subparagraph (B) of section 404(d)(2) of such Act, the applicable 

percent specified under such subparagraph for a State to carry 

out State programs pursuant to title XX of such Act shall be 

10 percent. 

CHILDREN AND FAMILIES SERVICES PROGRAMS

For carrying out, except as otherwise provided, the Runaway 

and Homeless Youth Act, the Developmental Disabilities Assistance 

and Bill of Rights Act, the Head Start Act, the Child Abuse Prevention and Treatment Act, sections 310 and 316 of the Family Violence 

Prevention and Services Act, the Native American Programs Act 

of 1974, title II of the Child Abuse Prevention and Treatment 

and Adoption Reform Act of 1978 (adoption opportunities), sections 

330F and 330G of the Public Health Service Act (‘‘PHS Act’’), 

the Abandoned Infants Assistance Act of 1988, sections 261 and 

291 of the Help America Vote Act of 2002, part B–1 of title IV 

and sections 413, 1110, and 1115 of the Social Security Act; for 

making payments under the Community Services Block Grant Act 

(‘‘CSBG Act’’), sections 439(i), 473B, and 477(i) of the Social Security 

Act, and the Assets for Independence Act; and for necessary 

administrative expenses to carry out such Acts and titles I, IV, 

V, X, XI, XIV, XVI, and XX of the Social Security Act, the Act 

of July 5, 1960, the Low-Income Home Energy Assistance Act 

of 1981, title IV of the Immigration and Nationality Act, section 

501 of the Refugee Education Assistance Act of 1980, and section 

505 of the Family Support Act of 1988, $9,301,111,000, of which 

$36,500,000, to remain available through September 30, 2010, shall 


dkrause on GSDDPC29 with PUBLIC LAWS
PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 775 

be for grants to States for adoption incentive payments, as authorized by section 473A of the Social Security Act and may be made 

for adoptions completed before September 30, 2009: Provided, That 

without regard to the fiscal year limitations set forth in section 

473A of the Social Security Act, from the amounts appropriated 

herein, the Secretary shall pay adoption incentives for fiscal year 

2008 in the same manner as such incentives were awarded in 

fiscal year 2008 for the previous fiscal year: Provided further, That 

$7,112,786,000 shall be for making payments under the Head Start 

Act, of which $2,000,000, to remain available through September 

30, 2010, shall be designated to fund section 657B: Provided further, 

That $746,000,000 shall be for making payments under the CSBG 

Act: Provided further, That not less than $10,000,000 shall be 

for section 680(3)(B) of the CSBG Act: Provided further, That in 

addition to amounts provided herein, $5,762,000 shall be available 

from amounts available under section 241 of the PHS Act to carry 

out the provisions of section 1110 of the Social Security Act: Provided further, That to the extent Community Services Block Grant 

funds are distributed as grant funds by a State to an eligible 

entity as provided under the CSBG Act, and have not been expended 

by such entity, they shall remain with such entity for carryover 

into the next fiscal year for expenditure by such entity consistent 

with program purposes: Provided further, That the Secretary of 

Health and Human Services shall establish procedures regarding 

the disposition of intangible assets and program income that permit 

such assets acquired with, and program income derived from, grant 

funds authorized under section 680 of the CSBG Act to become 

the sole property of such grantees after a period of not more 

than 12 years after the end of the grant period for any activity 

consistent with section 680(a)(2)(A) of the CSBG Act: Provided 

further, That intangible assets in the form of loans, equity investments and other debt instruments, and program income may be 

used by grantees for any eligible purpose consistent with section 

680(a)(2)(A) of the CSBG Act: Provided further, That these procedures shall apply to such grant funds made available after 

November 29, 1999: Provided further, That funds appropriated for 

section 680(a)(2) of the CSBG Act shall be available for financing 

construction and rehabilitation and loans or investments in private 

business enterprises owned by community development corporations: Provided further, That $47,688,000 shall be for a compassion 

capital fund to provide grants to charitable organizations to emulate 

model social service programs and to encourage research on the 

best practices of social service organizations: Provided further, That 

$17,410,000 shall be for activities authorized by the Help America 

Vote Act of 2002, of which $12,154,000 shall be for payments 

to States to promote access for voters with disabilities, and of 

which $5,256,000 shall be for payments to States for protection 

and advocacy systems for voters with disabilities: Provided further, 

That $94,659,000 shall be for making competitive grants to provide 

abstinence education (as defined by section 510(b)(2) of the Social 

Security Act) to adolescents, and for Federal costs of administering 

the grants: Provided further, That grants under the immediately 

preceding proviso shall be made only to public and private entities 

which agree that, with respect to an adolescent to whom the entities 

provide abstinence education under such grants, the entities will 

not provide to that adolescent any other education regarding sexual 

conduct, except that, in the case of an entity expressly required 

Abstinence 

education. 

Applicability. 

Procedures. 

42 USC 9921 

note. 

Adoption 

incentives. 


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123 STAT. 776 PUBLIC LAW 111–8—MAR. 11, 2009 

by law to provide health information or services the adolescent 

shall not be precluded from seeking health information or services 

from the entity in a different setting than the setting in which 

abstinence education was provided: Provided further, That information provided through such competitive grants for abstinence education shall be scientifically accurate and shall comply with section 

317P(c)(2) of the PHS Act: Provided further, That within amounts 

provided herein for abstinence education for adolescents, up to 

$10,000,000 may be available for a national abstinence education 

campaign: Provided further, That in addition to amounts provided 

herein for abstinence education for adolescents, $4,455,000 shall 

be available from amounts available under section 241 of the PHS 

Act to carry out evaluations (including longitudinal evaluations) 

of adolescent pregnancy prevention approaches: Provided further, 

That up to $2,000,000 shall be for improving the Public Assistance 

Reporting Information System, including grants to States to support 

data collection for a study of the system’s effectiveness: Provided 

further, That $16,910,000 shall be used for the projects, and in 

the amounts, specified under the heading ‘‘Children and Families 

Services Programs’’ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated 

Act). 

PROMOTING SAFE AND STABLE FAMILIES

For carrying out section 436 of the Social Security Act, 

$345,000,000 and section 437 of such Act, $63,311,000. 

PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION ASSISTANCE

For making payments to States or other non-Federal entities 

under title IV–E of the Social Security Act, $5,050,000,000. 

For making payments to States or other non-Federal entities 

under title IV–E of the Social Security Act, for the first quarter 

of fiscal year 2010, $1,800,000,000. 

For making, after May 31 of the current fiscal year, payments 

to States or other non-Federal entities under section 474 of title 

IV–E of the Social Security Act, for the last 3 months of the 

current fiscal year for unanticipated costs, incurred for the current 

fiscal year, such sums as may be necessary. 

ADMINISTRATION ON AGING

AGING SERVICES PROGRAMS

For carrying out, to the extent not otherwise provided, the 

Older Americans Act of 1965, section 398 of the Public Health 

Service Act, and section 119 of the Medicare Improvements for 

Patients and Providers Act of 2008, $1,491,343,000, of which 

$5,500,000 shall be available for activities regarding medication 

management, screening, and education to prevent incorrect medication and adverse drug reactions: Provided, That $5,123,000 shall 

be used for the projects, and in the amounts, specified under the 

heading ‘‘Aging Services Programs’’ in the explanatory statement 

described in section 4 (in the matter preceding division A of this 

consolidated Act). 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 777 

OFFICE OF THE SECRETARY

GENERAL DEPARTMENTAL MANAGEMENT

(INCLUDING TRANSFER OF FUNDS) 

For necessary expenses, not otherwise provided, for general 

departmental management, including hire of six sedans, and for 

carrying out titles III, XVII, XX, XXI, and XXIX of the Public 

Health Service Act (‘‘PHS Act’’), the United States-Mexico Border 

Health Commission Act, and research studies under section 1110 

of the Social Security Act, $389,925,000, together with $5,851,000 

to be transferred and expended as authorized by section 201(g)(1) 

of the Social Security Act from the Federal Hospital Insurance 

Trust Fund and the Federal Supplementary Medical Insurance 

Trust Fund, and $46,756,000 from the amounts available under 

section 241 of the PHS Act to carry out national health or human 

services research and evaluation activities: Provided, That of this 

amount, $51,891,000 shall be for minority AIDS prevention and 

treatment activities; $5,789,000 shall be to assist Afghanistan in 

the development of maternal and child health clinics, consistent 

with section 103(a)(4)(H) of the Afghanistan Freedom Support Act 

of 2002; and $1,000,000 shall be transferred, not later than 30 

days after enactment of this Act, to the National Institute of Mental 

Health to administer the Interagency Autism Coordinating Committee: Provided further, That of the funds made available under 

this heading for carrying out title XX of the PHS Act, $13,120,000 

shall be for activities specified under section 2003(b)(2), all of which 

shall be for prevention service demonstration grants under section 

510(b)(2) of title V of the Social Security Act without application 

of the limitation of section 2010(c) of such title XX: Provided further, 

That funds provided in this Act for embryo adoption activities 

may be used to provide, to individuals adopting embryos, through 

grants and other mechanisms, medical and administrative services 

deemed necessary for such adoptions: Provided further, That such 

services shall be provided consistent with 42 CFR 59.5(a)(4): Provided further, That $2,854,000 shall be used for the projects, and 

in the amounts, specified under the heading ‘‘General Departmental 

Management’’ in the explanatory statement described in section 

4 (in the matter preceding division A of this consolidated Act): 

Provided further, That specific information requests from the chairmen and ranking members of the Subcommittees on Labor, Health 

and Human Services, and Education, and Related Agencies, on 

scientific research or any other matter, shall be transmitted to 

the Committees on Appropriations of the House of Representatives 

and the Senate (‘‘Committees on Appropriations’’) in a prompt, 

professional manner and within the time frame specified in the 

request: Provided further, That scientific information, including 

such information provided in congressional testimony, requested 

by the Committees on Appropriations and prepared by government 

researchers and scientists shall be transmitted to the Committees 

on Appropriations, uncensored and without delay. 

OFFICE OF MEDICARE HEARINGS AND APPEALS

For expenses necessary for administrative law judges responsible for hearing cases under title XVIII of the Social Security 

Act (and related provisions of title XI of such Act), $64,604,000, 

Scientific 

information. 

Embryo adoption. 

Deadline. 


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123 STAT. 778 PUBLIC LAW 111–8—MAR. 11, 2009 

to be transferred in appropriate part from the Federal Hospital 

Insurance Trust Fund and the Federal Supplementary Medical 

Insurance Trust Fund. 

OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH INFORMATION

TECHNOLOGY

For expenses necessary for the Office of the National Coordinator for Health Information Technology, including grants, contracts, and cooperative agreements for the development and 

advancement of interoperable health information technology, 

$43,552,000: Provided, That in addition to amounts provided herein, 

$17,679,000 shall be available from amounts available under section 

241 of the Public Health Service Act. 

OFFICE OF INSPECTOR GENERAL

For expenses necessary for the Office of Inspector General, 

including the hire of passenger motor vehicles for investigations, 

in carrying out the provisions of the Inspector General Act of 

1978, $45,279,000: Provided, That of such amount, necessary sums 

shall be available for providing protective services to the Secretary 

of Health and Human Services and investigating non-payment of 

child support cases for which non-payment is a Federal offense 

under 18 U.S.C. 228: Provided further, That at least forty percent 

of the funds provided in this Act for the Office of Inspector General 

shall be used only for investigations, audits, and evaluations pertaining to the discretionary programs funded in this Act. 

OFFICE FOR CIVIL RIGHTS

For expenses necessary for the Office for Civil Rights, 

$36,785,000, together with not to exceed $3,314,000 to be transferred and expended as authorized by section 201(g)(1) of the Social 

Security Act from the Federal Hospital Insurance Trust Fund and 

the Federal Supplementary Medical Insurance Trust Fund. 

RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONED

OFFICERS

For retirement pay and medical benefits of Public Health 

Service Commissioned Officers as authorized by law, for payments 

under the Retired Serviceman’s Family Protection Plan and Survivor Benefit Plan, and for medical care of dependents and retired 

personnel under the Dependents’ Medical Care Act, such amounts 

as may be required during the current fiscal year. 

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

(INCLUDING TRANSFER OF FUNDS)

For expenses necessary to support activities related to countering potential biological, nuclear, radiological and chemical threats 

to civilian populations, and for other public health emergencies, 

$537,704,000, of which not to exceed $22,052,000 shall be to pay 

the costs described in section 319F–2(c)(7)(B) of the Public Health 

Service Act (‘‘PHS Act’’). 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 779 

For expenses necessary to support advanced research and development pursuant to section 319L of the PHS Act, $275,000,000, 

to be derived by transfer from funds appropriated under the heading 

‘‘Biodefense Countermeasures’’ in the Department of Homeland 

Security Appropriations Act, 2004, to remain available through 

September 30, 2010. 

For expenses necessary to prepare for and respond to an 

influenza pandemic, $448,091,000, together with $137,000,000 to 

be derived by transfer from funds appropriated under the heading 

‘‘Biodefense Countermeasures’’ in the Department of Homeland 

Security Appropriations Act, 2004, of which $507,000,000 shall be 

available until expended, for activities including the development 

and purchase of vaccine, antivirals, necessary medical supplies, 

diagnostics, and other surveillance tools: Provided, That products 

purchased with these funds may, at the discretion of the Secretary 

of Health and Human Services, be deposited in the Strategic 

National Stockpile under section 319F–2 of the PHS Act: Provided 

further, That notwithstanding section 496(b) of the PHS Act, funds 

may be used for the construction or renovation of privately owned 

facilities for the production of pandemic influenza vaccines and 

other biologics, if the Secretary finds such construction or renovation 

necessary to secure sufficient supplies of such vaccines or biologics: 

Provided further, That funds appropriated herein may be transferred to other appropriation accounts of the Department of Health 

and Human Services, as determined by the Secretary to be appropriate, to be used for the purposes specified in this paragraph. 

GENERAL PROVISIONS 

SEC. 201. Funds appropriated in this title shall be available 

for not to exceed $50,000 for official reception and representation 

expenses when specifically approved by the Secretary of Health 

and Human Services. 

SEC. 202. The Secretary of Health and Human Services shall 

make available through assignment not more than 60 employees 

of the Public Health Service to assist in child survival activities 

and to work in AIDS programs through and with funds provided 

by the Agency for International Development, the United Nations 

International Children’s Emergency Fund or the World Health 

Organization. 

SEC. 203. None of the funds appropriated in this Act for the 

National Institutes of Health, the Agency for Healthcare Research 

and Quality, and the Substance Abuse and Mental Health Services 

Administration shall be used to pay the salary of an individual, 

through a grant or other extramural mechanism, at a rate in 

excess of Executive Level I. 

SEC. 204. None of the funds appropriated in this Act may 

be expended pursuant to section 241 of the Public Health Service 

Act, except for funds specifically provided for in this Act, or for 

other taps and assessments made by any office located in the 

Department of Health and Human Services, prior to the preparation 

and submission of a report by the Secretary of Health and Human 

Services to the Committees on Appropriations of the House of 

Representatives and the Senate detailing the planned uses of such 

funds. 

SEC. 205. Notwithstanding section 241(a) of the Public Health 

Service Act, such portion as the Secretary of Health and Human 

Reports. 

Government 

employees. 

Children and 

youth. 

AIDS. 


dkrause on GSDDPC29 with PUBLIC LAWS
123 STAT. 780 PUBLIC LAW 111–8—MAR. 11, 2009 

Services shall determine, but not more than 2.4 percent, of any 

amounts appropriated for programs authorized under such Act shall 

be made available for the evaluation (directly, or by grants or 

contracts) of the implementation and effectiveness of such programs. 

(TRANSFER OF FUNDS) 

SEC. 206. Not to exceed 1 percent of any discretionary funds 

(pursuant to the Balanced Budget and Emergency Deficit Control 

Act of 1985) which are appropriated for the current fiscal year 

for the Department of Health and Human Services in this Act 

may be transferred between a program, project, or activity, but 

no such program, project, or activity shall be increased by more 

than 3 percent by any such transfer: Provided, That the transfer 

authority granted by this section shall be available only to meet 

emergency needs and shall not be used to create any new program 

or to fund any project or activity for which no funds are provided 

in this Act: Provided further, That the Committees on Appropriations of the House of Representatives and the Senate are notified 

at least 15 days in advance of any transfer. 

(TRANSFER OF FUNDS) 

SEC. 207. The Director of the National Institutes of Health, 

jointly with the Director of the Office of AIDS Research, may 

transfer up to 3 percent among institutes and centers from the 

total amounts identified by these two Directors as funding for 

research pertaining to the human immunodeficiency virus: Provided, That the Committees on Appropriations of the House of 

Representatives and the Senate are notified at least 15 days in 

advance of any transfer. 

(TRANSFER OF FUNDS) 

SEC. 208. Of the amounts made available in this Act for the 

National Institutes of Health, the amount for research related to 

the human immunodeficiency virus, as jointly determined by the 

Director of the National Institutes of Health and the Director of 

the Office of AIDS Research, shall be made available to the ‘‘Office 

of AIDS Research’’ account. The Director of the Office of AIDS 

Research shall transfer from such account amounts necessary to 

carry out section 2353(d)(3) of the Public Health Service Act. 

SEC. 209. None of the funds appropriated in this Act may 

be made available to any entity under title X of the Public Health 

Service Act unless the applicant for the award certifies to the 

Secretary of Health and Human Services that it encourages family 

participation in the decision of minors to seek family planning 

services and that it provides counseling to minors on how to resist 

attempts to coerce minors into engaging in sexual activities. 

SEC. 210. Notwithstanding any other provision of law, no provider of services under title X of the Public Health Service Act 

shall be exempt from any State law requiring notification or the 

reporting of child abuse, child molestation, sexual abuse, rape, 

or incest. 

SEC. 211. None of the funds appropriated by this Act (including 

funds appropriated to any trust fund) may be used to carry out 

the Medicare Advantage program if the Secretary of Health and 

Certification. 

Notification. 

Deadline. 

Notification. 

Deadline. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 781 

Human Services denies participation in such program to an otherwise eligible entity (including a Provider Sponsored Organization) 

because the entity informs the Secretary that it will not provide, 

pay for, provide coverage of, or provide referrals for abortions: 

Provided, That the Secretary shall make appropriate prospective 

adjustments to the capitation payment to such an entity (based 

on an actuarially sound estimate of the expected costs of providing 

the service to such entity’s enrollees): Provided further, That nothing 

in this section shall be construed to change the Medicare program’s 

coverage for such services and a Medicare Advantage organization 

described in this section shall be responsible for informing enrollees 

where to obtain information about all Medicare covered services. 

SEC. 212. (a) Except as provided by subsection (e) none of 

the funds appropriated by this Act may be used to withhold substance abuse funding from a State pursuant to section 1926 of 

the Public Health Service Act if such State certifies to the Secretary 

of Health and Human Services by May 1, 2009, that the State 

will commit additional State funds, in accordance with subsection 

(b), to ensure compliance with State laws prohibiting the sale of 

tobacco products to individuals under 18 years of age. 

(b) The amount of funds to be committed by a State under 

subsection (a) shall be equal to 1 percent of such State’s substance 

abuse block grant allocation for each percentage point by which 

the State misses the retailer compliance rate goal established by 

the Secretary under section 1926 of such Act. 

(c) The State is to maintain State expenditures in fiscal year 

2009 for tobacco prevention programs and for compliance activities 

at a level that is not less than the level of such expenditures 

maintained by the State for fiscal year 2008, and adding to that 

level the additional funds for tobacco compliance activities required 

under subsection (a). The State is to submit a report to the Secretary 

on all fiscal year 2008 State expenditures and all fiscal year 2009 

obligations for tobacco prevention and compliance activities by program activity by July 31, 2009. 

(d) The Secretary shall exercise discretion in enforcing the 

timing of the State obligation of the additional funds required 

by the certification described in subsection (a) as late as July 

31, 2009. 

(e) None of the funds appropriated by this Act may be used 

to withhold substance abuse funding pursuant to section 1926 of 

the Public Health Service Act from a territory that receives less 

than $1,000,000. 

SEC. 213. In order for the Department of Health and Human 

Services to carry out international health activities, including HIV/ 

AIDS and other infectious disease, chronic and environmental disease, and other health activities abroad during fiscal year 2009: 

(1) The Secretary of Health and Human Services may 

exercise authority equivalent to that available to the Secretary 

of State in section 2(c) of the State Department Basic Authorities Act of 1956. The Secretary of Health and Human Services 

shall consult with the Secretary of State and relevant Chief 

of Mission to ensure that the authority provided in this section 

is exercised in a manner consistent with section 207 of the 

Foreign Service Act of 1980 and other applicable statutes 

administered by the Department of State. 

(2) The Secretary of Health and Human Services is authorized to provide such funds by advance or reimbursement to 

Reports. 

Deadline. 

Drugs and drug 

abuse. 

Certification. 

Deadline. 

Tobacco and 

tobacco products. 


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123 STAT. 782 PUBLIC LAW 111–8—MAR. 11, 2009 

the Secretary of State as may be necessary to pay the costs 

of acquisition, lease, alteration, renovation, and management 

of facilities outside of the United States for the use of the 

Department of Health and Human Services. The Department 

of State shall cooperate fully with the Secretary of Health 

and Human Services to ensure that the Department of Health 

and Human Services has secure, safe, functional facilities that 

comply with applicable regulation governing location, setback, 

and other facilities requirements and serve the purposes established by this Act. The Secretary of Health and Human Services 

is authorized, in consultation with the Secretary of State, 

through grant or cooperative agreement, to make available 

to public or nonprofit private institutions or agencies in participating foreign countries, funds to acquire, lease, alter, or renovate facilities in those countries as necessary to conduct programs of assistance for international health activities, including 

activities relating to HIV/AIDS and other infectious diseases, 

chronic and environmental diseases, and other health activities 

abroad. 

SEC. 214. (a) AUTHORITY.—Notwithstanding any other provision 

of law, the Director of the National Institutes of Health (‘‘Director’’) 

may use funds available under section 402(b)(7) or 402(b)(12) of 

the Public Health Service Act (‘‘PHS Act’’) to enter into transactions 

(other than contracts, cooperative agreements, or grants) to carry 

out research identified pursuant to such section 402(b)(7) (pertaining to the Common Fund) or research and activities described 

in such section 402(b)(12). 

(b) PEER REVIEW.—In entering into transactions under subsection (a), the Director may utilize such peer review procedures 

(including consultation with appropriate scientific experts) as the 

Director determines to be appropriate to obtain assessments of 

scientific and technical merit. Such procedures shall apply to such 

transactions in lieu of the peer review and advisory council review 

procedures that would otherwise be required under sections 

301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of the 

PHS Act. 

SEC. 215. Funds which are available for Individual Learning 

Accounts for employees of the Centers for Disease Control and 

Prevention (‘‘CDC’’) and the Agency for Toxic Substances and Disease Registry (‘‘ATSDR’’) may be transferred to ‘‘Disease Control, 

Research, and Training’’, to be available only for Individual 

Learning Accounts: Provided, That such funds may be used for 

any individual full-time equivalent employee while such employee 

is employed either by CDC or ATSDR. 

SEC. 216. Notwithstanding any other provisions of law, funds 

made available in this Act may be used to continue operating 

the Council on Graduate Medical Education established by section 

301 of Public Law 102–408. 

SEC. 217. The Director of the National Institutes of Health 

(‘‘NIH’’) shall require in the current fiscal year and thereafter 

that all investigators funded by the NIH submit or have submitted 

for them to the National Library of Medicine’s PubMed Central 

an electronic version of their final, peer-reviewed manuscripts upon 

acceptance for publication, to be made publicly available no later 

than 12 months after the official date of publication: Provided, 

That the NIH shall implement the public access policy in a manner 

consistent with copyright law. 

Electronic 

records. 

Public 

information. 

Deadline. 

42 USC 282c. 

42 USC 2940o 

note. 

Applicability. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 783 

SEC. 218. Not to exceed $35,000,000 of funds appropriated 

by this Act to the institutes and centers of the National Institutes 

of Health may be used for alteration, repair, or improvement of 

facilities, as necessary for the proper and efficient conduct of the 

activities authorized herein, at not to exceed $2,500,000 per project. 

(TRANSFER OF FUNDS) 

SEC. 219. Of the amounts made available for the National 

Institutes of Health, 1 percent of the amount made available for 

National Research Service Awards (‘‘NRSA’’) shall be made available to the Administrator of the Health Resources and Services 

Administration to make NRSA awards for research in primary 

medical care to individuals affiliated with entities who have received 

grants or contracts under section 747 of the Public Health Service 

Act, and 1 percent of the amount made available for NRSA shall 

be made available to the Director of the Agency for Healthcare 

Research and Quality to make NRSA awards for health service 

research. 

SEC. 220. Section 223 of division G of the Consolidated Appropriations Act, 2008, is amended in its first proviso by striking 

‘‘for’’ the first time it appears and inserting ‘‘in’’. 

SEC. 221. (a) IN GENERAL.—Section 1927(c)(1)(D) of the Social 

Security Act (42 U.S.C. § 1396r–8(c)(1)(D)), as added by section 

6001(d)(2) of the Deficit Reduction Act of 2005, is amended— 

(1) in clause (i)— 

(A) by redesignating subclause (IV) as subclause (VI); and 

(B) by inserting after subclause (III) the following: 

‘‘(IV) An entity that— 

‘‘(aa) is described in section 501(c)(3) of 

the Internal Revenue Code of 1986 and exempt 

from tax under section 501(a) of such Act or 

is State-owned or operated; and 

‘‘(bb) would be a covered entity described 

in section 340(B)(a)(4) of the Public Health 

Service Act insofar as the entity provides the 

same type of services to the same type of 

populations as a covered entity described in 

such section provides, but does not receive 

funding under a provision of law referred to 

in such section; 

‘‘(V) A public or nonprofit entity, or an entity 

based at an institution of higher learning whose 

primary purpose is to provide health care services 

to students of that institution, that provides a 

service or services described under section 1001(a) 

of the Public Health Service Act, 42 U.S.C. 300.’’. 

(2) by adding at the end the following new clause: 

‘‘(iv) RULE OF CONSTRUCTION.—Nothing in this 

subparagraph shall be construed to alter any existing 

statutory or regulatory prohibition on services with 

respect to an entity described in clause (i)(IV), 

including the prohibition set forth in section 1008 of 

the Public Health Service Act.’’. 

(b) EFFECTIVE DATE.—The amendments made by this subsection shall take effect as if included in the amendment made 

by section 6001(d)(2) of the Deficit Reduction Act of 2005. 

42 USC 1396r–8 

note. 

42 USC 1396r–8. 

42 USC 3514a. 


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123 STAT. 784 PUBLIC LAW 111–8—MAR. 11, 2009 

SEC. 222. Section 202 of Public Law 102–394 is hereby amended 

by substituting ‘‘4,000’’ for ‘‘2,800’’. 

SEC. 223. Within 60 days of passage of this Act, the Secretary 

of the Department of Health and Human Services shall issue an 

Advanced Notice of Proposed Rulemaking to solicit public comment 

in advance of modifying regulations at 42 CFR Part 50 Subpart 

F for the purpose of strengthening Federal oversight and identifying 

enhancements of policies, including requirements for financial 

disclosure to institutions, governing financial conflicts of interest 

among extramural investigators receiving grant support from the 

National Institutes of Health. 

SEC. 224. Hereafter, the activities authorized under section 

399M of the Public Health Service Act shall be known as the 

‘‘James T. Walsh Universal Newborn Hearing Screening Program.’’ 

(RESCISSION OF FUNDS) 

SEC. 225. Of the funds available for carrying out section 204 

of the Ticket to Work and Work Incentives Improvement Act of 

1999 (Public Law 106–170), $21,500,000 are rescinded: Provided, 

That notwithstanding subsection (c)(3)(B) of such section, in no 

case may the aggregate amount of payments made by the Secretary 

of Health and Human Services to States under such section exceed 

$223,500,000. 

SEC. 226. Section 1941(b)(1)(B) of the Social Security Act, as 

added by section 7002(b) of the Supplemental Appropriations Act, 

2008, is amended by inserting ‘‘each of’’ after ‘‘for’’. 

This title may be cited as the ‘‘Department of Health and 

Human Services Appropriations Act, 2009’’. 

TITLE III 

DEPARTMENT OF EDUCATION 

EDUCATION FOR THE DISADVANTAGED

For carrying out title I of the Elementary and Secondary Education Act of 1965 (‘‘ESEA’’) and section 418A of the Higher Education Act of 1965, $15,760,086,000, of which $4,739,881,000 shall 

become available on July 1, 2009, and shall remain available 

through September 30, 2010, and of which $10,841,176,000 shall 

become available on October 1, 2009, and shall remain available 

through September 30, 2010, for academic year 2009–2010: Provided, That $6,597,946,000 shall be for basic grants under section 

1124 of the ESEA: Provided further, That up to $4,000,000 of 

these funds shall be available to the Secretary of Education on 

October 1, 2008, to obtain annually updated local educationalagency-level census poverty data from the Bureau of the Census: 

Provided further, That $1,365,031,000 shall be for concentration 

grants under section 1124A of the ESEA: Provided further, That 

$3,264,712,000 shall be for targeted grants under section 1125 

of the ESEA: Provided further, That $3,264,712,000 shall be for 

education finance incentive grants under section 1125A of the 

ESEA: Provided further, That $9,167,000 shall be to carry out 

sections 1501 and 1503 of the ESEA. 

Department of 

Education 

Appropriations 

Act, 2009. 

42 USC 1396w–1. 

Designation. 

42 USC 280g–1 

note. 

Deadline. 

Notice. 

Public comment. 

42 USC 238f 

note. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 785 

IMPACT AID

For carrying out programs of financial assistance to federally 

affected schools authorized by title VIII of the Elementary and 

Secondary Education Act of 1965, $1,265,718,000, of which 

$1,128,535,000 shall be for basic support payments under section 

8003(b), $48,602,000 shall be for payments for children with disabilities under section 8003(d), $17,509,000 shall be for construction 

under section 8007(b) and shall remain available through September 30, 2010, $66,208,000 shall be for Federal property payments under section 8002, and $4,864,000, to remain available 

until expended, shall be for facilities maintenance under section 

8008: Provided, That for purposes of computing the amount of 

a payment for an eligible local educational agency under section 

8003(a) for school year 2008–2009, children enrolled in a school 

of such agency that would otherwise be eligible for payment under 

section 8003(a)(1)(B) of such Act, but due to the deployment of 

both parents or legal guardians, or a parent or legal guardian 

having sole custody of such children, or due to the death of a 

military parent or legal guardian while on active duty (so long 

as such children reside on Federal property as described in section 

8003(a)(1)(B)), are no longer eligible under such section, shall be 

considered as eligible students under such section, provided such 

students remain in average daily attendance at a school in the 

same local educational agency they attended prior to their change 

in eligibility status. 

SCHOOL IMPROVEMENT PROGRAMS

For carrying out school improvement activities authorized by 

parts A, B, and D of title II, part B of title IV, subparts 6 and 

9 of part D of title V, parts A and B of title VI, and parts B 

and C of title VII of the Elementary and Secondary Education 

Act of 1965 (‘‘ESEA’’); the McKinney-Vento Homeless Assistance 

Act; section 203 of the Educational Technical Assistance Act of 

2002; the Compact of Free Association Amendments Act of 2003; 

and the Civil Rights Act of 1964, $5,362,016,000, of which 

$3,495,865,000 shall become available on July 1, 2009, and remain 

available through September 30, 2010, and of which $1,681,441,000 

shall become available on October 1, 2009, and shall remain available through September 30, 2010, for academic year 2009–2010: 

Provided, That of the funds available for section 2103(a) of the 

ESEA, $5,000,000 shall be available for a school leadership partnership initiative and up to $7,500,000 shall be available for teacher 

and principal quality national activities administered by the Secretary of Education, as specified in the explanatory statement 

described in section 4 (in the matter preceding division A of this 

consolidated Act): Provided further, That funds made available to 

carry out part B of title VII of the ESEA may be used for construction, renovation and modernization of any elementary school, secondary school, or structure related to an elementary school or 

secondary school, run by the Department of Education of the State 

of Hawaii, that serves a predominantly Native Hawaiian student 

body: Provided further, That from the funds referred to in the 

preceding proviso, not less than $1,500,000 shall be for a grant 

to the Department of Education of the State of Hawaii for the 

activities described in such proviso, and $1,500,000 shall be for 

a grant to the University of Hawaii School of Law for a Center 

Hawaii. 


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123 STAT. 786 PUBLIC LAW 111–8—MAR. 11, 2009 

of Excellence in Native Hawaiian law: Provided further, That funds 

made available to carry out part C of title VII of the ESEA may 

be used for construction: Provided further, That up to 100 percent 

of the funds available to a State educational agency under part 

D of title II of the ESEA may be used for subgrants described 

in section 2412(a)(2)(B) of such Act: Provided further, That 

$57,113,000 shall be available to carry out section 203 of the Educational Technical Assistance Act of 2002: Provided further, That 

$33,791,000 shall be available to carry out part D of title V of 

the ESEA: Provided further, That no funds appropriated under 

this heading may be used to carry out section 5494 under the 

ESEA: Provided further, That $17,687,000 shall be available to 

carry out the Supplemental Education Grants program for the 

Federated States of Micronesia and the Republic of the Marshall 

Islands: Provided further, That up to 5 percent of these amounts 

may be reserved by the Federated States of Micronesia and the 

Republic of the Marshall Islands to administer the Supplemental 

Education Grants programs and to obtain technical assistance, oversight and consultancy services in the administration of these grants 

and to reimburse the United States Departments of Labor, Health 

and Human Services, and Education for such services: Provided 

further, That $7,360,000 of the funds available for the Foreign 

Language Assistance Program shall be available for 5-year grants 

to local educational agencies that would work in partnership with 

one or more institutions of higher education to establish or expand 

articulated programs of study in languages critical to United States 

national security that will enable successful students to advance 

from elementary school through college to achieve a superior level 

of proficiency in those languages. 

INDIAN EDUCATION

For expenses necessary to carry out, to the extent not otherwise 

provided, title VII, part A of the Elementary and Secondary Education Act of 1965, $122,282,000. 

INNOVATION AND IMPROVEMENT

For carrying out activities authorized by part G of title I, 

subpart 5 of part A and parts C and D of title II, parts B, C, 

and D of title V, and section 1504 of the Elementary and Secondary 

Education Act of 1965, $996,425,000: Provided, That $10,649,000 

shall be provided to the National Board for Professional Teaching 

Standards to carry out section 2151(c), including $1,000,000 to 

develop a National Board certification for principals of elementary 

and secondary schools: Provided further, That from funds for subpart 4, part C of title II, up to 3 percent shall be available to 

the Secretary of Education for technical assistance and dissemination of information: Provided further, That $347,640,000 shall be 

available to carry out part D of title V: Provided further, That 

$88,015,000 shall be used for the projects, and in the amounts, 

specified under the heading ‘‘Innovation and Improvement’’ in the 

explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided further, That 

$97,270,000 of the funds for subpart 1 shall be for competitive 

grants to local educational agencies, including charter schools that 

are local educational agencies, or States, or partnerships of: (1) 

a local educational agency, a State, or both; and (2) at least one 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 787 

non-profit organization to develop and implement performancebased teacher and principal compensation systems in high-need 

schools: Provided further, That such performance-based compensation systems must consider gains in student academic achievement 

as well as classroom evaluations conducted multiple times during 

each school year among other factors and provide educators with 

incentives to take on additional responsibilities and leadership roles: 

Provided further, That up to 5 percent of such funds for competitive 

grants shall be available for technical assistance, training, peer 

review of applications, program outreach and evaluation activities: 

Provided further, That of the funds available for part B of title V, the Secretary shall use up to $21,031,000 to carry out activities 

under section 5205(b) and under subpart 2, and shall use not 

less than $195,000,000 to carry out other activities authorized under 

subpart 1. 

SAFE SCHOOLS AND CITIZENSHIP EDUCATION

For carrying out activities authorized by subpart 3 of part 

C of title II, part A of title IV, and subparts 2, 3 and 10 of 

part D of title V of the Elementary and Secondary Education 

Act of 1965, $690,370,000, of which $294,759,000 shall become 

available on July 1, 2009, and remain available through September 

30, 2010: Provided, That $294,759,000 shall be available for subpart 

1 of part A of title IV and $220,240,000 shall be available for 

subpart 2 of part A of title IV: Provided further, That $141,912,000 

shall be available to carry out part D of title V: Provided further, 

That of the funds available to carry out subpart 3 of part C of 

title II, up to $13,383,000 may be used to carry out section 2345 

and $2,957,000 shall be used by the Center for Civic Education 

to implement a comprehensive program to improve public knowledge, understanding, and support of the Congress and the State 

legislatures. 

ENGLISH LANGUAGE ACQUISITION

For carrying out part A of title III of the Elementary and Secondary Education Act of 1965, $730,000,000, which shall become 

available on July 1, 2009, and shall remain available through 

September 30, 2010, except that 6.5 percent of such amount shall 

be available on October 1, 2008, and shall remain available through 

September 30, 2010, to carry out activities under section 

3111(c)(1)(C): Provided, That the Secretary of Education shall use 

the American Community Survey child counts to calculate State 

allocations under such part but, for any State that would otherwise 

receive greater than a 10-percent reduction from its previous year’s 

allocation, the Secretary shall carry out such calculation using 

the average of the American Community Survey child counts for 

the 3 most recent years. 

SPECIAL EDUCATION

For carrying out the Individuals with Disabilities Education 

Act (‘‘IDEA’’) and the Special Olympics Sport and Empowerment 

Act of 2004, $12,579,677,000, of which $3,726,354,000 shall become 

available on July 1, 2009, and shall remain available through 

September 30, 2010, and of which $8,592,383,000 shall become 

available on October 1, 2009, and shall remain available through 


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123 STAT. 788 PUBLIC LAW 111–8—MAR. 11, 2009 

September 30, 2010, for academic year 2009–2010: Provided, That 

$13,250,000 shall be for Recording for the Blind and Dyslexic, 

Inc., to support the development, production, and circulation of 

recorded educational materials: Provided further, That $737,000 

shall be for the recipient of funds provided by Public Law 105– 

78 under section 687(b)(2)(G) of the IDEA (as in effect prior to 

the enactment of the Individuals with Disabilities Education 

Improvement Act of 2004) to provide information on diagnosis, 

intervention, and teaching strategies for children with disabilities: 

Provided further, That the amount for section 611(b)(2) of the 

IDEA shall be equal to the lesser of the amount available for 

that activity during fiscal year 2008, increased by the amount 

of inflation as specified in section 619(d)(2)(B) of the IDEA, or 

the percentage increase in the funds appropriated under section 

611(i) of the IDEA: Provided further, That funds made available 

for the Special Olympics Sport and Empowerment Act of 2004 

may be used to support expenses associated with the Special Olympics National and World games hosted in the United States. 

REHABILITATION SERVICES AND DISABILITY RESEARCH

For carrying out, to the extent not otherwise provided, the 

Rehabilitation Act of 1973, the Assistive Technology Act of 1998, 

and the Helen Keller National Center Act, $3,387,762,000: Provided, 

That $3,088,000 shall be used for the projects, and in the amounts, 

specified under the heading ‘‘Rehabilitation Services and Disability 

Research’’ in the explanatory statement described in section 4 (in 

the matter preceding division A of this consolidated Act). 

SPECIAL INSTITUTIONS FOR PERSONS WITH DISABILITIES

AMERICAN PRINTING HOUSE FOR THE BLIND

For carrying out the Act of March 3, 1879, $22,599,000. 

NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

For the National Technical Institute for the Deaf under titles 

I and II of the Education of the Deaf Act of 1986, $64,212,000, 

of which $1,175,000 shall be for construction and shall remain 

available until expended: Provided, That from the total amount 

available, the Institute may at its discretion use funds for the 

endowment program as authorized under section 207 of such Act. 

GALLAUDET UNIVERSITY

For the Kendall Demonstration Elementary School, the Model 

Secondary School for the Deaf, and the partial support of Gallaudet 

University under titles I and II of the Education of the Deaf 

Act of 1986, $124,000,000, of which $6,000,000 shall be for construction and shall remain available until expended: Provided, That 

from the total amount available, the University may at its discretion 

use funds for the endowment program as authorized under section 

207 of such Act. 

CAREER, TECHNICAL, AND ADULT EDUCATION

For carrying out, to the extent not otherwise provided, the 

Carl D. Perkins Career and Technical Education Act of 2006, the 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 789 

Adult Education and Family Literacy Act, subpart 4 of part D 

of title V of the Elementary and Secondary Education Act of 1965 

(‘‘ESEA’’) and title VIII–D of the Higher Education Amendments 

of 1998, $1,944,348,000, of which $4,400,000 shall become available 

on October 1, 2008 and remain available until September 30, 2010, 

of which $1,148,948,000 shall become available on July 1, 2009, 

and shall remain available through September 30, 2010, and of 

which $791,000,000 shall become available on October 1, 2009, 

and shall remain available through September 30, 2010: Provided, 

That of the amount provided for Adult Education State Grants, 

$67,896,000 shall be made available for integrated English literacy 

and civics education services to immigrants and other limited 

English proficient populations: Provided further, That of the amount 

reserved for integrated English literacy and civics education, notwithstanding section 211 of the Adult Education and Family Literacy Act, 65 percent shall be allocated to States based on a State’s 

absolute need as determined by calculating each State’s share of 

a 10-year average of the United States Citizenship and Immigration 

Services data for immigrants admitted for legal permanent residence for the 10 most recent years, and 35 percent allocated to 

States that experienced growth as measured by the average of 

the 3 most recent years for which United States Citizenship and 

Immigration Services data for immigrants admitted for legal permanent residence are available, except that no State shall be allocated 

an amount less than $60,000: Provided further, That of the amounts 

made available for the Adult Education and Family Literacy Act, 

$6,878,000 shall be for national leadership activities under section 

243 and $6,468,000 shall be for the National Institute for Literacy 

under section 242: Provided further, That $88,000,000 shall be 

available to support the activities authorized under subpart 4 of 

part D of title V of the ESEA, of which up to 5 percent shall 

become available October 1, 2008, and shall remain available 

through September 30, 2010, for evaluation, technical assistance, 

school networks, peer review of applications, and program outreach 

activities, and of which not less than 95 percent shall become 

available on July 1, 2009, and remain available through September 

30, 2010, for grants to local educational agencies: Provided further, 

That funds made available to local educational agencies under 

this subpart shall be used only for activities related to establishing 

smaller learning communities within large high schools or small 

high schools that provide alternatives for students enrolled in large 

high schools. 

STUDENT FINANCIAL ASSISTANCE

(INCLUDING DEFERRAL OF FUNDS) 

For carrying out subparts 1, 3, and 4 of part A, part C and 

part E of title IV of the Higher Education Act of 1965, 

$19,156,973,000, which shall remain available through September 

30, 2010. 

The maximum Pell Grant for which a student shall be eligible 

during award year 2009–2010 shall be $4,860. 

Of the funds made available under section 401A(e)(1)(D) of 

the Higher Education Act of 1965, $887,000,000 shall not be available until October 1, 2009. 

20 USC 1070a 

note. 


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123 STAT. 790 PUBLIC LAW 111–8—MAR. 11, 2009 

STUDENT AID ADMINISTRATION

For Federal administrative expenses to carry out part D of 

title I, and subparts 1, 3, and 4 of part A, and parts B, C, D, 

and E of title IV of the Higher Education Act of 1965, $753,402,000, 

which shall remain available until expended. 

HIGHER EDUCATION

For carrying out, to the extent not otherwise provided, titles 

II, III, IV, V, VI, and VII of the Higher Education Act of 1965 

(‘‘HEA’’), section 1543 of the Higher Education Amendments of 

1992, the Mutual Educational and Cultural Exchange Act of 1961, 

title VIII of the Higher Education Amendments of 1998, part I 

of subtitle A of title VI of the America COMPETES Act, section 

515 of the Federal Mine Safety and Health Act of 1977, and section 

117 of the Carl D. Perkins Career and Technical Education Act 

of 2006, $2,100,150,000: Provided, That $9,687,000, to remain available through September 30, 2010, shall be available to fund fellowships for academic year 2010–2011 under subpart 1 of part A 

of title VII of the HEA, under the terms and conditions of such 

subpart 1: Provided further, That $609,000 shall be for data collection and evaluation activities for programs under the HEA, 

including such activities needed to comply with the Government 

Performance and Results Act of 1993: Provided further, That notwithstanding any other provision of law, funds made available 

in this Act to carry out title VI of the HEA and section 102(b)(6) 

of the Mutual Educational and Cultural Exchange Act of 1961 

may be used to support visits and study in foreign countries by 

individuals who are participating in advanced foreign language 

training and international studies in areas that are vital to United 

States national security and who plan to apply their language 

skills and knowledge of these countries in the fields of government, 

the professions, or international development: Provided further, That of the funds referred to in the preceding proviso up to 1 

percent may be used for program evaluation, national outreach, 

and information dissemination activities: Provided further, That 

up to $6,556,000 shall be available to continue funding for recipients 

of multi-year awards under section 204 of the HEA, as that Act 

was in effect prior to the date of enactment of the Higher Education 

Opportunity Act (‘‘HEOA’’), in accordance with the terms of their 

awards: Provided further, That notwithstanding any other provision 

of law, funds available under section 371 of the HEA for Tribal 

Colleges and Universities may be used for construction grants, 

including such funds to recipients of continuation grants for multiyear awards that were made in fiscal year 2008 under section 

316 of the HEA, as that Act was in effect prior to the date of 

enactment of the HEOA, in accordance with the terms of such 

multi-year awards: Provided further, That notwithstanding any 

other provision of law, a recipient of a multi-year award under 

section 316 of the HEA, as that section was in effect prior to 

the date of enactment of the HEOA, that would have otherwise 

received a continuation award for fiscal year 2009 under that section, shall receive under section 316, as amended by the HEOA, 

not less than the amount that such recipient would have received 

under such a continuation award: Provided further, That the portion 

of the funds received under section 316 by a recipient described 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 791 

in the preceding proviso that is equal to the amount of such continuation award shall be used in accordance with the terms of such 

continuation award: Provided further, That $1,000,000, to remain 

available until expended, shall be available to carry out a scholarship program for the purpose of increasing the skilled workforce 

for industrial health and safety occupations, including mine safety: 

Provided further, That the Secretary of Education shall identify 

these scholarships as ‘‘Erma Byrd Scholarships’’: Provided further, 

That such scholarships shall be awarded without regard to an 

applicant’s prior work experience, but the Secretary shall, notwithstanding section 437 of the General Education Provisions Act and 

5 U.S.C. 553, by notice in the Federal Register, establish the eligibility requirements, service obligations, payback requirements, and 

other program requirements similar to those specified in section 

515 of the Federal Mine Safety and Health Act as are necessary 

to implement such a program: Provided further, That such scholarship funds may be used to replace a student’s expected family 

contribution, but institutions accepting such scholarship funds may 

not use these funds to supplant existing institutional aid: Provided 

further, That the Secretary shall be authorized to accept contributions for such scholarships from private sources: Provided further, 

That these funds shall be used for scholarships for academic year 

2009–2010 and may be available for scholarships in academic year 

2010–2011: Provided further, That $91,243,000 shall be used for 

the projects, and in the amounts, specified under the heading 

‘‘Higher Education’’ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated 

Act). 

HOWARD UNIVERSITY

For partial support of Howard University, $234,977,000, of 

which not less than $3,464,000 shall be for a matching endowment 

grant pursuant to the Howard University Endowment Act and 

shall remain available until expended. 

COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS PROGRAM

For Federal administrative expenses to carry out activities 

related to existing facility loans pursuant to section 121 of the 

Higher Education Act of 1965, $461,000. 

HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL

FINANCING PROGRAM ACCOUNT

Notwithstanding the limitations contained in section 344(a) 

of the Higher Education Act of 1965 (‘‘HEA’’), the aggregate principal amount of outstanding bonds insured under the Historically 

Black College and University Capital Financing Program is authorized to equal but not exceed $725,000,000, which may be used 

for loans to public and private historically black colleges and universities without regard to paragraphs (1) and (2) of section 344(a). For the cost of guaranteed loans, $10,000,000, as authorized 

pursuant to Part D of title III of the HEA: 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 these funds are available to subsidize total loan principal, any part of which is to be guaranteed, not to exceed 

Notice. 

Federal Register, 

publication. 

Designation. 


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123 STAT. 792 PUBLIC LAW 111–8—MAR. 11, 2009 

$100,000,000. In addition, for administrative expenses to carry out 

the Historically Black College and University Capital Financing 

Program entered into pursuant to part D of title III of the HEA, 

$354,000. 

INSTITUTE OF EDUCATION SCIENCES

For carrying out activities authorized by the Education Sciences 

Reform Act of 2002, the National Assessment of Educational 

Progress Authorization Act, section 208 of the Educational Technical 

Assistance Act of 2002, and section 664 of the Individuals with 

Disabilities Education Act, $617,175,000, of which $312,241,000 

shall be available until September 30, 2010: Provided, That funds 

available to carry out section 208 of the Educational Technical 

Assistance Act may be used for Statewide data systems that include 

postsecondary and workforce information: Provided further, That 

up to $5,000,000 of the funds available to carry out section 208 

of the Educational Technical Assistance Act may be used for State 

data coordinators and for awards to public or private organizations 

or agencies to improve data coordination. 

DEPARTMENTAL MANAGEMENT

PROGRAM ADMINISTRATION

For carrying out, to the extent not otherwise provided, the 

Department of Education Organization Act, including rental of conference rooms in the District of Columbia and hire of three passenger motor vehicles, $433,482,000, of which $5,400,000, to remain 

available until expended, shall be for relocation of, and renovation 

of buildings occupied by, Department staff. 

OFFICE FOR CIVIL RIGHTS

For expenses necessary for the Office for Civil Rights, as authorized by section 203 of the Department of Education Organization 

Act, $96,826,000. 

OFFICE OF THE INSPECTOR GENERAL

For expenses necessary for the Office of the Inspector General, 

as authorized by section 212 of the Department of Education 

Organization Act, $54,539,000. 

GENERAL PROVISIONS

SEC. 301. No funds appropriated in this Act may be used 

for the transportation of students or teachers (or for the purchase 

of equipment for such transportation) in order to overcome racial 

imbalance in any school or school system, or for the transportation 

of students or teachers (or for the purchase of equipment for such 

transportation) in order to carry out a plan of racial desegregation 

of any school or school system. 

SEC. 302. None of the funds contained in this Act shall be 

used to require, directly or indirectly, the transportation of any 

student to a school other than the school which is nearest the 

student’s home, except for a student requiring special education, 

to the school offering such special education, in order to comply 

with title VI of the Civil Rights Act of 1964. For the purpose 

Racial 

desegregation. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 793 

of this section an indirect requirement of transportation of students 

includes the transportation of students to carry out a plan involving 

the reorganization of the grade structure of schools, the pairing 

of schools, or the clustering of schools, or any combination of grade 

restructuring, pairing or clustering. The prohibition described in 

this section does not include the establishment of magnet schools. 

SEC. 303. No funds appropriated in this Act may be used 

to prevent the implementation of programs of voluntary prayer 

and meditation in the public schools. 

(TRANSFER OF FUNDS) 

SEC. 304. Not to exceed 1 percent of any discretionary funds 

(pursuant to the Balanced Budget and Emergency Deficit Control 

Act of 1985) which are appropriated for the Department of Education in this Act may be transferred between appropriations, but 

no such appropriation shall be increased by more than 3 percent 

by any such transfer: Provided, That the transfer authority granted 

by this section shall be available only to meet emergency needs 

and shall not be used to create any new program or to fund 

any project or activity for which no funds are provided in this 

Act: Provided further, That the Committees on Appropriations of 

the House of Representatives and the Senate are notified at least 

15 days in advance of any transfer. 

SEC. 305. The signature pages submitted by Heart Butte School 

District in Pondera County, Montana, as part of its application 

for Impact Aid under title VIII of the Elementary and Secondary 

Education Act of 1965, shall be considered to have been timely 

and complete for purposes of receiving funding under such program 

for fiscal year 2009. 

SEC. 306. The Outlying Areas may consolidate funds received 

under this Act as well as any remaining funds received under 

the Department of Education Appropriations Act, 2008, pursuant 

to 48 U.S.C. 1469a, under part A of title V of the Elementary 

and Secondary Education Act. 

This title may be cited as the ‘‘Department of Education Appropriations Act, 2009’’. 

TITLE IV 

RELATED AGENCIES 

COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR

SEVERELY DISABLED

SALARIES AND EXPENSES

For expenses necessary for the Committee for Purchase From 

People Who Are Blind or Severely Disabled established by Public 

Law 92–28, $5,094,000. 

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

OPERATING EXPENSES

For necessary expenses for the Corporation for National and 

Community Service to carry out the Domestic Volunteer Service 

Act of 1973 (‘‘1973 Act’’) and the National and Community Service 

Montana. 

Notification. 

Deadline. 

Voluntary 

prayer. 

Meditation. 


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123 STAT. 794 PUBLIC LAW 111–8—MAR. 11, 2009 

Act of 1990 (‘‘1990 Act’’), $680,564,000, of which $309,835,000 shall 

be to carry out the 1973 Act and $370,729,000 shall be to carry 

out the 1990 Act: Provided, That $27,500,000 of the amount provided under this heading shall be available to carry out subtitle 

E of the 1990 Act at five campuses throughout the United States: 

Provided further, That up to 1 percent of program grant funds 

may be used to defray the costs of conducting grant application 

reviews, including the use of outside peer reviewers and electronic 

management of the grants cycle: Provided further, That none of 

the funds made available under this heading for activities authorized by section 122 and part E of title II of the 1973 Act shall 

be used to provide stipends or other monetary incentives to program 

participants or volunteer leaders whose incomes exceed the income 

guidelines in subsections 211(e) and 213(b) of the 1973 Act: Provided 

further, That notwithstanding subtitle H of title I of the 1990 

Act, none of the funds provided for quality and innovation activities 

shall be used to support salaries and related expenses (including 

travel) attributable to Corporation for National and Community 

Service employees: Provided further, That of the amounts provided 

under this heading: (1) not more than $55,000,000 of grants made 

under subtitle C of the 1990 Act may be used to administer, 

reimburse, or support any national service program authorized 

under section 129(d)(2) of the 1990 Act; and (2) $11,790,000 shall 

be to provide assistance to State commissions on national and 

community service, under section 126(a) of the 1990 Act and notwithstanding section 501(a)(4) of the 1990 Act. 

NATIONAL SERVICE TRUST

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for the National Service Trust established under subtitle D of title I of the National and Community 

Service Act of 1990 (‘‘1990 Act’’), $131,075,000, to remain available 

until expended: Provided, That the Corporation for National and 

Community Service may transfer additional funds from the amount 

provided within ‘‘Operating Expenses’’ for grants made under subtitle C of the 1990 Act to this appropriation upon determination 

that such transfer is necessary to support the activities of national 

service participants and after notice is transmitted to the Committees on Appropriations of the House of Representatives and the 

Senate: Provided further, That amounts appropriated for or transferred to the National Service Trust may be invested under section 

145(b) of the 1990 Act without regard to the requirement to apportion funds under 31 U.S.C. 1513(b). 

SALARIES AND EXPENSES

For necessary expenses of administration as provided under 

section 501(a)(4) of the National and Community Service Act of 

1990 and under section 504(a) of the Domestic Volunteer Service 

Act of 1973, including payment of salaries, authorized travel, hire 

of passenger motor vehicles, the rental of conference rooms in 

the District of Columbia, the employment of experts and consultants 

authorized under 5 U.S.C. 3109, and not to exceed $2,500 for 

official reception and representation expenses, $71,715,000. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 795 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in 

carrying out the Inspector General Act of 1978, $6,512,000. 

ADMINISTRATIVE PROVISIONS

SEC. 401. Notwithstanding any other provision of law, the 

term ‘‘qualified student loan’’ with respect to national service education awards shall mean any loan determined by an institution 

of higher education to be necessary to cover a student’s cost of 

attendance at such institution and made, insured, or guaranteed 

directly to a student by a State agency, in addition to other 

meanings under section 148(b)(7) of the National and Community 

Service Act of 1990. 

SEC. 402. Notwithstanding any other provision of law, funds 

made available under section 129(d)(5)(B) of the National and 

Community Service Act of 1990 (‘‘1990 Act’’) to assist entities in 

placing applicants who are individuals with disabilities may be 

provided to any entity that receives a grant under section 121 

of the 1990 Act. 

SEC. 403. The Corporation for National and Community Service 

(‘‘the Corporation’’) shall make any significant changes to program 

requirements, service delivery or policy only through public notice 

and comment rulemaking. For fiscal year 2009, during any grant 

selection process, an officer or employee of the Corporation shall 

not knowingly disclose any covered grant selection information 

regarding such selection, directly or indirectly, to any person other 

than an officer or employee of the Corporation that is authorized 

by the Corporation to receive such information. 

SEC. 404. Professional Corps programs described in section 

122(a)(8) of the National and Community Service Act of 1990 may 

apply to the Corporation for National and Community Service for 

a waiver of application of section 140(c)(2). 

SEC. 405. Notwithstanding 31 U.S.C. 1342, the Corporation 

for National and Community Service (‘‘the Corporation’’) may solicit 

and accept the services of organizations and individuals (other 

than participants) to assist the Corporation in carrying out the 

duties of the Corporation under the national service laws: Provided, 

That an individual who provides services under this section shall 

be subject to the same protections and limitations as volunteers 

under section 196(a) of the National and Community Service Act 

of 1990. 

SEC. 406. Organizations operating projects under the 

AmeriCorps Education Awards Program shall do so without regard 

to the requirements of sections 121(d) and (e), 131(e), 132, and 

140(a), (d), and (e) of the National and Community Service Act 

of 1990. 

SEC. 407. AmeriCorps programs receiving grants under the 

National Service Trust program shall meet an overall minimum 

share requirement of 24 percent for the first three years that 

they receive AmeriCorps funding, and thereafter shall meet the 

overall minimum share requirement as provided in section 2521.60 

of title 45, Code of Federal Regulations, without regard to the 

operating costs match requirement in section 121(e) or the member 

support Federal share limitations in section 140 of the National 

and Community Service Act of 1990, and subject to partial waiver 

42 USC 12571 

note. 

Notice. 

Public comment. 

Definition. 


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123 STAT. 796 PUBLIC LAW 111–8—MAR. 11, 2009 

consistent with section 2521.70 of title 45, Code of Federal Regulations. 

SEC. 408. Notwithstanding any other provision of law, formulabased grants to States and territories under section 129(a)(1)– 

(2) of the National and Community Service Act of 1990 to operate 

AmeriCorps programs may be made if the application describes 

proposed positions into which participants will be placed, the proposed minimum qualifications of such participants, and includes 

an assurance that the State will select national service programs 

for subgrants on a competitive basis, and an assurance that the 

aforementioned information will be provided for each subgrant 

awarded prior to the execution of such subgrants. 

(TRANSFER OF FUNDS) 

SEC. 409. For fiscal year 2009 and thereafter, in addition to 

amounts otherwise provided to the National Service Trust, at no 

later than the end of the fifth fiscal year after the fiscal year 

for which funds are appropriated or otherwise made available, 

unobligated balances of appropriations available for grants under 

the National Service Trust Program under subtitle C of title I 

of the 1990 Act during such fiscal year may be transferred to 

the National Service Trust after notice is transmitted to the 

Committees on Appropriations of the House of Representatives and 

the Senate, if such funds are initially obligated before the expiration 

of their period of availability. 

SEC. 410. Of the amounts provided in this Act which the Corporation for National and Community Service (‘‘the Corporation’’) 

allocates for the provision of assistance under subsections 129(a) 

and (b) of the National and Community Service Act of 1990 (‘‘1990 

Act’’), the Corporation shall apply the formula in section 129(a)(1) 

of the 1990 Act in such a manner so as to ensure that each 

State shall receive a minimum of $500,000: Provided, That, in 

no event shall the total amount allotted under section 129(a)(1) 

exceed 331⁄3 percent of the funds allocated by the Corporation 

for the provision of assistance under subsections 129(a) and (b) 

of the 1990 Act. 

SEC. 411. Notwithstanding section 139(b) of the National and 

Community Service Act of 1990 (‘‘1990 Act’’), an individual in an 

approved national service position performing full-time or parttime national service directly related to disaster relief efforts may 

continue in that term of service for a period of 6 months beyond 

the periods otherwise specified in sections 139(b) and 153(e) of 

the 1990 Act or section 104 of the Domestic Volunteer Service 

Act of 1973. Service in an extended term as provided under this 

section shall constitute a single term of service for purposes of 

sections 146(b) and (c) of the 1990 Act. 

SEC. 412. Donations made to the Corporation for National 

and Community Service (‘‘the Corporation’’) under section 196 of 

the National and Community Service Act of 1990 (‘‘1990 Act’’) 

for the purposes of financing programs and operations under titles 

I and II of the 1973 Act or subtitles B, C, D, or E of title I 

of the 1990 Act shall be used to supplement and not supplant 

current programs and operations. 

Deadline. 

Notice. 

42 USC 12601a. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 797 

CORPORATION FOR PUBLIC BROADCASTING

For payment to the Corporation for Public Broadcasting (‘‘Corporation’’), as authorized by the Communications Act of 1934, an 

amount which shall be available within limitations specified by 

that Act, for the fiscal year 2011, $430,000,000: Provided, That 

no funds made available to the Corporation by this Act shall be 

used to pay for receptions, parties, or similar forms of entertainment 

for Government officials or employees: Provided further, That none 

of the funds contained in this paragraph shall be available or 

used to aid or support any program or activity from which any 

person is excluded, or is denied benefits, or is discriminated against, 

on the basis of race, color, national origin, religion, or sex: Provided 

further, That no funds made available to the Corporation by this 

Act shall be used to apply any political test or qualification in 

selecting, appointing, promoting, or taking any other personnel 

action with respect to officers, agents, and employees of the Corporation: Provided further, That for fiscal year 2009, in addition to 

the amounts provided above, $34,591,000 shall be for costs related 

to digital program production, development, and distribution, associated with the transition of public broadcasting to digital broadcasting, to be awarded as determined by the Corporation in consultation with public radio and television licensees or permittees, 

or their designated representatives: Provided further, That for fiscal 

year 2009, in addition to the amounts provided above, $26,642,000 

is available pursuant to section 396(k)(10) of the Communications 

Act of 1934 for replacement and upgrade of the public radio interconnection system: Provided further, That none of the funds made 

available to the Corporation by this Act, division G of the Consolidated Appropriations Act, 2008, or the Continuing Appropriations 

Resolution, 2007, shall be used to support the Television Future 

Fund or any similar purpose. 

FEDERAL MEDIATION AND CONCILIATION SERVICE

SALARIES AND EXPENSES

For expenses necessary for the Federal Mediation and Conciliation Service (‘‘Service’’) to carry out the functions vested in it 

by the Labor Management Relations Act, 1947, including hire of 

passenger motor vehicles; for expenses necessary for the LaborManagement Cooperation Act of 1978; and for expenses necessary 

for the Service to carry out the functions vested in it by the 

Civil Service Reform Act, $45,476,000: Provided, That notwithstanding 31 U.S.C. 3302, fees charged, up to full-cost recovery, 

for special training activities and other conflict resolution services 

and technical assistance, including those provided to foreign governments and international organizations, and for arbitration services 

shall be credited to and merged with this account, and shall remain 

available until expended: Provided further, That fees for arbitration 

services shall be available only for education, training, and professional development of the agency workforce: Provided further, That 

the Director of the Service is authorized to accept and use on 

behalf of the United States gifts of services and real, personal, 

or other property in the aid of any projects or functions within 

the Director’s jurisdiction. 

Political test. 


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123 STAT. 798 PUBLIC LAW 111–8—MAR. 11, 2009 

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

SALARIES AND EXPENSES

For expenses necessary for the Federal Mine Safety and Health 

Review Commission, $8,653,000. 

INSTITUTE OF MUSEUM AND LIBRARY SERVICES

OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS AND

ADMINISTRATION

For carrying out the Museum and Library Services Act of 

1996 and the National Museum of African American History and 

Culture Act, $274,840,000, of which $10,737,000 shall be used for 

the projects, and in the amounts, specified under the heading ‘‘Office 

of Museum and Library Services: Grants and Administration’’ in 

the explanatory statement described in section 4 (in the matter 

preceding division A of this consolidated Act): Provided, That funds 

may be made available for support through inter-agency agreement 

or grant to commemorative Federal commissions that support 

museum and library activities, in partnership with libraries and 

museums that are eligible for funding under programs carried out 

by the Institute of Museum and Library Services. 

MEDICARE PAYMENT ADVISORY COMMISSION

SALARIES AND EXPENSES

For expenses necessary to carry out section 1805 of the Social 

Security Act, $11,403,000, to be transferred to this appropriation 

from the Federal Hospital Insurance Trust Fund and the Federal 

Supplementary Medical Insurance Trust Fund. 

NATIONAL COUNCIL ON DISABILITY

SALARIES AND EXPENSES

For expenses necessary for the National Council on Disability 

as authorized by title IV of the Rehabilitation Act of 1973, 

$3,206,000. 

NATIONAL LABOR RELATIONS BOARD

SALARIES AND EXPENSES

For expenses necessary for the National Labor Relations Board 

to carry out the functions vested in it by the Labor-Management 

Relations Act, 1947, and other laws, $262,595,000: Provided, That 

no part of this appropriation shall be available to organize or 

assist in organizing agricultural laborers or used in connection 

with investigations, hearings, directives, or orders concerning bargaining units composed of agricultural laborers as referred to in 

section 2(3) of the Act of July 5, 1935, and as amended by the 

Labor-Management Relations Act, 1947, and as defined in section 

3(f) of the Act of June 25, 1938, and including in said definition 

employees engaged in the maintenance and operation of ditches, 

canals, reservoirs, and waterways when maintained or operated 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 799 

on a mutual, nonprofit basis and at least 95 percent of the water 

stored or supplied thereby is used for farming purposes. 

NATIONAL MEDIATION BOARD

SALARIES AND EXPENSES

For expenses necessary to carry out the provisions of the Railway Labor Act, including emergency boards appointed by the President, $12,992,000. 

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SALARIES AND EXPENSES

For expenses necessary for the Occupational Safety and Health Review Commission, $11,186,000. 

RAILROAD RETIREMENT BOARD

DUAL BENEFITS PAYMENTS ACCOUNT

For payment to the Dual Benefits Payments Account, authorized under section 15(d) of the Railroad Retirement Act of 1974, 

$72,000,000, which shall include amounts becoming available in 

fiscal year 2009 pursuant to section 224(c)(1)(B) of Public Law 

98–76; and in addition, an amount, not to exceed 2 percent of 

the amount provided herein, shall be available proportional to the 

amount by which the product of recipients and the average benefit 

received exceeds the amount available for payment of vested dual 

benefits: Provided, That the total amount provided herein shall 

be credited in 12 approximately equal amounts on the first day 

of each month in the fiscal year. 

FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT ACCOUNTS

For payment to the accounts established in the Treasury for 

the payment of benefits under the Railroad Retirement Act for 

interest earned on unnegotiated checks, $150,000, to remain available through September 30, 2010, which shall be the maximum 

amount available for payment pursuant to section 417 of Public 

Law 98–76. 

LIMITATION ON ADMINISTRATION

For necessary expenses for the Railroad Retirement Board 

(‘‘Board’’) for administration of the Railroad Retirement Act and 

the Railroad Unemployment Insurance Act, $105,463,000, to be 

derived in such amounts as determined by the Board from the 

railroad retirement accounts and from moneys credited to the railroad unemployment insurance administration fund. 

LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

For expenses necessary for the Office of Inspector General 

(‘‘Office’’) for audit, investigatory and review activities, as authorized 

by the Inspector General Act of 1978, not more than $7,806,000, 

to be derived from the railroad retirement accounts and railroad 

unemployment insurance account: Provided, That none of the funds 


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123 STAT. 800 PUBLIC LAW 111–8—MAR. 11, 2009 

made available in any other paragraph of this Act may be transferred to the Office; used to carry out any such transfer; used 

to provide any office space, equipment, office supplies, communications facilities or services, maintenance services, or administrative 

services for the Office; used to pay any salary, benefit, or award 

for any personnel of the Office; used to pay any other operating 

expense of the Office; or used to reimburse the Office for any 

service provided, or expense incurred, by the Office, except as 

permitted pursuant to the last proviso under this heading in division 

G of the Consolidated Appropriations Act, 2008. 

SOCIAL SECURITY ADMINISTRATION

PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

For payment to the Federal Old-Age and Survivors Insurance 

Trust Fund and the Federal Disability Insurance Trust Fund, as 

provided under sections 201(m), 228(g), and 1131(b)(2) of the Social 

Security Act, $20,406,000. 

SUPPLEMENTAL SECURITY INCOME PROGRAM

For carrying out titles XI and XVI of the Social Security Act, 

section 401 of Public Law 92–603, section 212 of Public Law 93– 

66, as amended, and section 405 of Public Law 95–216, including 

payment to the Social Security trust funds for administrative 

expenses incurred pursuant to section 201(g)(1) of the Social Security Act, $30,471,537,000, to remain available until expended: Provided, That any portion of the funds provided to a State in the 

current fiscal year and not obligated by the State during that 

year shall be returned to the Treasury. 

For making, after June 15 of the current fiscal year, benefit 

payments to individuals under title XVI of the Social Security 

Act, for unanticipated costs incurred for the current fiscal year, 

such sums as may be necessary. 

For making benefit payments under title XVI of the Social 

Security Act for the first quarter of fiscal year 2010, 

$15,400,000,000, to remain available until expended. 

LIMITATION ON ADMINISTRATIVE EXPENSES

For necessary expenses, including the hire of two passenger 

motor vehicles, and not to exceed $15,000 for official reception 

and representation expenses, not more than $10,067,500,000 may 

be expended, as authorized by section 201(g)(1) of the Social Security Act, from any one or all of the trust funds referred to therein: 

Provided, That not less than $2,000,000 shall be for the Social 

Security Advisory Board: Provided further, That unobligated balances of funds provided under this paragraph at the end of fiscal 

year 2009 not needed for fiscal year 2009 shall remain available 

until expended to invest in the Social Security Administration 

information technology and telecommunications hardware and software infrastructure, including related equipment and non-payroll 

administrative expenses associated solely with this information 

technology and telecommunications infrastructure: Provided further, 

That reimbursement to the trust funds under this heading for 

expenditures for official time for employees of the Social Security 

Administration pursuant to 5 U.S.C. 7131, and for facilities or 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 801 

support services for labor organizations pursuant to policies, regulations, or procedures referred to in section 7135(b) of such title 

shall be made by the Secretary of the Treasury, with interest, 

from amounts in the general fund not otherwise appropriated, as 

soon as possible after such expenditures are made. 

From funds provided under the first paragraph, not less than $264,000,000 shall be available for the cost associated with conducting continuing disability reviews under titles II and XVI of 

the Social Security Act and for the cost associated with conducting 

redeterminations of eligibility under title XVI of the Social Security 

Act. 

In addition to the amounts made available above, and subject 

to the same terms and conditions, $240,000,000, for additional 

continuing disability reviews and redeterminations of eligibility: 

Provided, That the Commissioner shall provide to the Congress 

(at the conclusion of the fiscal year) a report on the obligation 

and expenditure of these additional amounts, similar to the reports 

that were required by section 103(d)(2) of Public Law 104–121 

for fiscal years 1996 through 2002. In addition, $145,000,000 to be derived from administration 

fees in excess of $5.00 per supplementary payment collected pursuant to section 1616(d) of the Social Security Act or section 212(b)(3) 

of Public Law 93–66, which shall remain available until expended. 

To the extent that the amounts collected pursuant to such sections 

in fiscal year 2009 exceed $145,000,000, the amounts shall be 

available in fiscal year 2010 only to the extent provided in advance 

in appropriations Acts. 

In addition, up to $1,000,000 to be derived from fees collected 

pursuant to section 303(c) of the Social Security Protection Act, 

which shall remain available until expended. 

OFFICE OF INSPECTOR GENERAL

(INCLUDING TRANSFER OF FUNDS) 

For expenses necessary for the Office of Inspector General 

in carrying out the provisions of the Inspector General Act of 

1978, $28,000,000, together with not to exceed $70,127,000, to be 

transferred and expended as authorized by section 201(g)(1) of 

the Social Security Act from the Federal Old-Age and Survivors 

Insurance Trust Fund and the Federal Disability Insurance Trust 

Fund. 

In addition, an amount not to exceed 3 percent of the total 

provided in this appropriation may be transferred from the ‘‘Limitation on Administrative Expenses’’, Social Security Administration, 

to be merged with this account, to be available for the time and 

purposes for which this account is available: Provided, That notice 

of such transfers shall be transmitted promptly to the Committees 

on Appropriations of the House of Representatives and the Senate. 

TITLE V 

GENERAL PROVISIONS 

SEC. 501. The Secretaries of Labor, Health and Human Services, and Education are authorized to transfer unexpended balances 

of prior appropriations to accounts corresponding to current appropriations provided in this Act. Such transferred balances shall 

Notice. 

Reports. 


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123 STAT. 802 PUBLIC LAW 111–8—MAR. 11, 2009 

be used for the same purpose, and for the same periods of time, 

for which they were originally appropriated. 

SEC. 502. 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. 503. (a) No part of any appropriation contained in this 

Act shall be used, other than for normal and recognized executivelegislative relationships, for publicity or propaganda purposes, for 

the preparation, distribution, or use of any kit, pamphlet, booklet, 

publication, radio, television, or video presentation designed to support or defeat legislation pending before the Congress or any State 

legislature, except in presentation to the Congress or any State 

legislature itself. 

(b) No part of any appropriation contained in this Act shall 

be used to pay the salary or expenses of any grant or contract 

recipient, or agent acting for such recipient, related to any activity 

designed to influence legislation or appropriations pending before 

the Congress or any State legislature. 

SEC. 504. The Secretaries of Labor and Education are authorized to make available not to exceed $28,000 and $20,000, respectively, from funds available for salaries and expenses under titles 

I and III, respectively, for official reception and representation 

expenses; the Director of the Federal Mediation and Conciliation 

Service is authorized to make available for official reception and 

representation expenses not to exceed $5,000 from the funds available for ‘‘Federal Mediation and Conciliation Service, Salaries and 

expenses’’; and the Chairman of the National Mediation Board 

is authorized to make available for official reception and representation expenses not to exceed $5,000 from funds available for 

‘‘National Mediation Board, Salaries and expenses’’. 

SEC. 505. Notwithstanding any other provision of this Act, 

no funds appropriated in this Act shall be used to carry out any 

program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug. 

SEC. 506. When issuing statements, press releases, requests 

for proposals, bid solicitations and other documents describing 

projects or programs funded in whole or in part with Federal 

money, all grantees receiving Federal funds included in this Act, 

including but not limited to State and local governments and recipients of Federal research grants, shall clearly state— 

(1) the percentage of the total costs of the program or 

project which will be financed with Federal money; 

(2) the dollar amount of Federal funds for the project 

or program; and 

(3) percentage and dollar amount of the total costs of the 

project or program that will be financed by non-governmental 

sources. 

SEC. 507. (a) None of the funds appropriated in this Act, and 

none of the funds in any trust fund to which funds are appropriated 

in this Act, shall be expended for any abortion. 

(b) None of the funds appropriated in this Act, and none of 

the funds in any trust fund to which funds are appropriated in 

this Act, shall be expended for health benefits coverage that includes 

coverage of abortion. 

(c) The term ‘‘health benefits coverage’’ means the package 

of services covered by a managed care provider or organization 

pursuant to a contract or other arrangement. 

Definition. 

Abortion. 

Needle 

distribution. 

Lobbying. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 803 

SEC. 508. (a) The limitations established in the preceding section shall not apply to an abortion— 

(1) if the pregnancy is the result of an act of rape or 

incest; or 

(2) in the case where a woman suffers from a physical 

disorder, physical injury, or physical illness, including a lifeendangering physical condition caused by or arising from the 

pregnancy itself, that would, as certified by a physician, place 

the woman in danger of death unless an abortion is performed. 

(b) Nothing in the preceding section shall be construed as 

prohibiting the expenditure by a State, locality, entity, or private 

person of State, local, or private funds (other than a State’s or 

locality’s contribution of Medicaid matching funds). 

(c) Nothing in the preceding section shall be construed as 

restricting the ability of any managed care provider from offering 

abortion coverage or the ability of a State or locality to contract 

separately with such a provider for such coverage with State funds 

(other than a State’s or locality’s contribution of Medicaid matching 

funds). 

(d)(1) None of the funds made available in this Act may be 

made available to a Federal agency or program, or to a State 

or local government, if such agency, program, or government subjects any institutional or individual health care entity to discrimination on the basis that the health care entity does not provide, 

pay for, provide coverage of, or refer for abortions. 

(2) In this subsection, the term ‘‘health care entity’’ includes 

an individual physician or other health care professional, a hospital, 

a provider-sponsored organization, a health maintenance organization, a health insurance plan, or any other kind of health care 

facility, organization, or plan. 

SEC. 509. (a) None of the funds made available in this Act 

may be used for— 

(1) the creation of a human embryo or embryos for research 

purposes; or 

(2) research in which a human embryo or embryos are 

destroyed, discarded, or knowingly subjected to risk of injury 

or death greater than that allowed for research on fetuses 

in utero under 45 CFR 46.204(b) and section 498(b) of the 

Public Health Service Act (42 U.S.C. 289g(b)). 

(b) For purposes of this section, the term ‘‘human embryo 

or embryos’’ includes any organism, not protected as a human 

subject under 45 CFR 46 as of the date of the enactment of this 

Act, that is derived by fertilization, parthenogenesis, cloning, or 

any other means from one or more human gametes or human 

diploid cells. 

SEC. 510. (a) None of the funds made available in this Act 

may be used for any activity that promotes the legalization of 

any drug or other substance included in schedule I of the schedules 

of controlled substances established under section 202 of the Controlled Substances Act except for normal and recognized executivecongressional communications. 

(b) The limitation in subsection (a) shall not apply when there 

is significant medical evidence of a therapeutic advantage to the 

use of such drug or other substance or that federally sponsored 

clinical trials are being conducted to determine therapeutic advantage. 

Drugs and drug 

abuse. 

Definition. 

Human embryos. 

Abortion. 


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123 STAT. 804 PUBLIC LAW 111–8—MAR. 11, 2009 

SEC. 511. None of the funds made available in this Act may 

be used to promulgate or adopt any final standard under section 

1173(b) of the Social Security Act providing for, or providing for 

the assignment of, a unique health identifier for an individual 

(except in an individual’s capacity as an employer or a health 

care provider), until legislation is enacted specifically approving 

the standard. 

SEC. 512. None of the funds made available in this Act may 

be obligated or expended to enter into or renew a contract with 

an entity if— 

(1) such entity is otherwise a contractor with the United 

States and is subject to the requirement in 38 U.S.C. 4212(d) 

regarding submission of an annual report to the Secretary 

of Labor concerning employment of certain veterans; and 

(2) such entity has not submitted a report as required 

by that section for the most recent year for which such requirement was applicable to such entity. 

SEC. 513. 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 Act or any other appropriation Act. 

SEC. 514. None of the funds made available by this Act to 

carry out the Library Services and Technology Act may be made 

available to any library covered by paragraph (1) of section 224(f) 

of such Act, as amended by the Children’s Internet Protection 

Act, unless such library has made the certifications required by 

paragraph (4) of such section. 

SEC. 515. None of the funds made available by this Act to 

carry out part D of title II of the Elementary and Secondary 

Education Act of 1965 may be made available to any elementary 

or secondary school covered by paragraph (1) of section 2441(a) 

of such Act, as amended by the Children’s Internet Protection 

Act and the No Child Left Behind Act, unless the local educational 

agency with responsibility for such covered school has made the 

certifications required by paragraph (2) of such section. 

SEC. 516. (a) None of the funds provided under this Act, or 

provided under previous appropriations Acts to the agencies funded 

by this Act 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 new programs; 

(2) eliminates a program, project, or activity; 

(3) increases funds or personnel by any means for any 

project or activity for which funds have been denied or 

restricted; 

(4) relocates an office or employees; 

(5) reorganizes or renames offices; 

(6) reorganizes programs or activities; or 

(7) contracts out or privatizes any functions or activities 

presently performed by Federal employees; 

unless the Committees on Appropriations of the House of Representatives and the Senate are notified 15 days in advance of such 

reprogramming or of an announcement of intent relating to such 

reprogramming, whichever occurs earlier. 

Notifications. 

Deadlines. 

Reports. 

Contracts. 


dkrause on GSDDPC29 with PUBLIC LAWS
PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 805 

(b) None of the funds provided under this Act, or provided 

under previous appropriations Acts to the agencies funded by this 

Act 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 in excess of $500,000 

or 10 percent, whichever is less, that— 

(1) augments existing programs, projects (including 

construction 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 Congress; or 

(3) results from any general savings from a reduction in 

personnel which would result in a change in existing programs, 

activities, or projects as approved by Congress; 

unless the Committees on Appropriations of the House of Representatives and the Senate are notified 15 days in advance of such 

reprogramming or of an announcement of intent relating to such 

reprogramming, whichever occurs earlier. 

SEC. 517. (a) None of the funds made available in this Act 

may be used to request that a candidate for appointment to a 

Federal scientific advisory committee disclose the political affiliation 

or voting history of the candidate or the position that the candidate 

holds with respect to political issues not directly related to and 

necessary for the work of the committee involved. 

(b) None of the funds made available in this Act may be 

used to disseminate scientific information that is deliberately false 

or misleading. 

SEC. 518. Within 45 days of enactment of this Act, each department and related agency funded through this Act shall submit 

an operating plan that details at the program, project, and activity 

level any funding allocations for fiscal year 2009 that are different 

than those specified in this Act, the accompanying detailed table 

in the explanatory statement described in section 4 (in the matter 

preceding division A of this consolidated Act), or the fiscal year 

2009 budget request. 

SEC. 519. None of the funds in this Act may be used to employ 

workers described in section 274A(h)(3) of the Immigration and 

Nationality Act. 

SEC. 520. The Secretaries of Labor, Health and Human Services, and Education shall each prepare and submit to the Committees on Appropriations of the House of Representatives and the 

Senate a report on the number and amount of contracts, grants, 

and cooperative agreements exceeding $100,000 in value and 

awarded by the Department on a non-competitive basis during 

each quarter of fiscal year 2009, but not to include grants awarded 

on a formula basis or directed by law. Such report shall include 

the name of the contractor or grantee, the amount of funding, 

the governmental purpose, including a justification for issuing the 

award on a non-competitive basis. Such report shall be transmitted 

to the Committees within 30 days after the end of the quarter 

for which the report is submitted. 

SEC. 521. None of the funds appropriated or otherwise made 

available by this Act may be used to enter into a contract in 

an amount greater than $5,000,000 or to award a grant in excess 

of such amount unless the prospective contractor or grantee certifies 

Contracts. 

Certification. 

Deadline. 

Reports. 

Aliens. 

Deadline. 

Operating plan. 

Scientific 

information. 

Political 

disclosures. 


dkrause on GSDDPC29 with PUBLIC LAWS
123 STAT. 806 PUBLIC LAW 111–8—MAR. 11, 2009 

in writing to the agency awarding the contract or grant that, 

to the best of its knowledge and belief, the contractor or grantee 

has filed all Federal tax returns required during the three years 

preceding the certification, has not been convicted of a criminal 

offense under the Internal Revenue Code of 1986, and has not, 

more than 90 days prior to certification, been notified of any unpaid 

Federal tax assessment for which the liability remains unsatisfied, 

unless the assessment is the subject of an installment agreement 

or offer in compromise that has been approved by the Internal 

Revenue Service and is not in default, or the assessment is the 

subject of a non-frivolous administrative or judicial proceeding. 

SEC. 522. None of the funds appropriated in this Act shall 

be expended or obligated by the Commissioner of Social Security, 

for purposes of administering Social Security benefit payments 

under title II of the Social Security Act, to process any claim 

for credit for a quarter of coverage based on work performed under 

a social security account number that is not the claimant’s number 

and the performance of such work under such number has formed 

the basis for a conviction of the claimant of a violation of section 

208(a)(6) or (7) of the Social Security Act. 

SEC. 523. (a) Section 14002(a)(2)(A)(i) of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111– 

5) is amended, in the matter preceding subclause (I), by inserting 

‘‘education’’ after ‘‘secondary’’. 

(b) Section 14002(b)(1) of such division is amended by striking 

‘‘14001’’ and inserting ‘‘14001(d)’’. 

(c) Section 14003(a) of such division is amended by striking 

‘‘the Adult and Family Literacy Act (20 U.S.C. 1400 et seq.)’’ and 

inserting ‘‘the Adult Education and Family Literacy Act (20 U.S.C. 

9201 et seq.)’’. 

(d) Section 14005(a) of such division is amended by striking 

‘‘14001’’ and inserting ‘‘14001(d)’’. 

(e) Section 14005(d)(4)(C) of such division is amended by 

striking ‘‘6401(e)(1)(9)(A)(ii)’’ and inserting ‘‘6401(e)(1)(A)(ii)’’. 

(f) Section 14005(d)(5) of such division is amended— 

(1) by striking ‘‘1116(a)(7)(C)(iv)’’ and inserting 

‘‘1116(b)(7)(C)(iv)’’; and 

(2) by striking ‘‘1116(a)(8)(B)’’ and inserting ‘‘1116(b)(8)(B)’’. 

(g) Section 14011 of such division is amended by inserting 

before the period at the end the following: ‘‘, unless such funds 

are used to provide special education and related services to children 

with disabilities, as authorized by the Individuals with Disabilities 

Education Act (20 U.S.C. 1400 et seq.)’’. 

(h) Section 14012(c) of such division is amended to read as 

follows: 

‘‘(c) CRITERIA.—The Secretary shall not grant a waiver or modification under this section unless the Secretary determines that 

the State receiving such waiver or modification will not provide 

for elementary, secondary, and public higher education, for the 

fiscal year under consideration, a smaller percentage of the total 

revenues available to the State than the percentage provided for 

such purpose in the preceding fiscal year.’’. 

Ante, p. 286. 

Ante, p. 285. 

Ante, p. 283. 

Ante, p. 282. 

Ante, p. 281. 

Ante, p. 280. 


dkrause on GSDDPC29 with PUBLIC LAWS
PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 807 

TITLE VI 

AFGHAN ALLIES PROTECTION ACT OF 2009 

SEC. 601. SHORT TITLE. 

This Act may be cited as the ‘‘Afghan Allies Protection Act 

of 2009’’. 

SEC. 602. PROTECTION FOR AFGHAN ALLIES. 

(a) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 

section, the term ‘‘appropriate committees of Congress’’ means— 

(1) the Committee on Armed Services, the Committee on 

Foreign Relations, and the Committee on the Judiciary of the 

Senate; and 

(2) the Committee on Armed Services, the Committee on 

Foreign Affairs, and the Committee on the Judiciary of the 

House of Representatives. 

(b) SPECIAL IMMIGRANT STATUS FOR CERTAIN AFGHANS.— 

(1) IN GENERAL.—Subject to paragraph (3), the Secretary 

of Homeland Security, or, notwithstanding any other provision 

of law, the Secretary of State in consultation with the Secretary 

of Homeland Security, may provide an alien described in 

subparagraph (A), (B), or (C) of paragraph (2) with the status 

of a special immigrant under section 101(a)(27) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)), if the alien— 

(A) or an agent acting on behalf of the alien, submits 

a petition for classification under section 203(b)(4) of such 

Act (8 U.S.C. 1153(b)(4)); 

(B) is otherwise eligible to receive an immigrant visa; 

(C) is otherwise admissible to the United States for 

permanent residence (excluding the grounds for inadmissibility specified in section 212(a)(4) of such Act (8 U.S.C. 

1182(a)(4)); and 

(D) clears a background check and appropriate 

screening, as determined by the Secretary of Homeland 

Security. 

(2) ALIENS DESCRIBED.— 

(A) PRINCIPAL ALIENS.—An alien is described in this 

subparagraph if the alien— 

(i) is a citizen or national of Afghanistan; 

(ii) was or is employed by or on behalf of the 

United States Government in Afghanistan on or after 

October 7, 2001, for not less than one year; 

(iii) provided faithful and valuable service to the 

United States Government, which is documented in 

a positive recommendation or evaluation, subject to 

subparagraph (D), from the employee’s senior supervisor or the person currently occupying that position, 

or a more senior person, if the employee’s senior supervisor has left the employer or has left Afghanistan; 

and 

(iv) has experienced or is experiencing an ongoing 

serious threat as a consequence of the alien’s employment by the United States Government. 

(B) SPOUSE OR CHILD.—An alien is described in this 

subparagraph if the alien— 

Afghan Allies 

Protection Act 

of 2009. 

8 USC 1101 note. 


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123 STAT. 808 PUBLIC LAW 111–8—MAR. 11, 2009 

(i) is the spouse or child of a principal alien 

described in subparagraph (A); and 

(ii) is accompanying or following to join the principal alien in the United States. 

(C) SURVIVING SPOUSE OR CHILD.—An alien is described 

in this subparagraph if the alien— 

(i) was the spouse or child of a principal alien 

described in subparagraph (A) who had a petition for 

classification approved pursuant to this section or section 1059 of the National Defense Authorization Act 

for Fiscal Year 2006 (Public Law 109–163; 8 U.S.C. 

1101 note) which included the alien as an accompanying spouse or child; and 

(ii) due to the death of the principal alien— 

(I) such petition was revoked or terminated 

(or otherwise rendered null); and 

(II) such petition would have been approved 

if the principal alien had survived. 

(D) APPROVAL BY CHIEF OF MISSION REQUIRED.—A recommendation or evaluation required under subparagraph 

(A)(iii) shall be accompanied by approval from the appropriate Chief of Mission, or the designee of the appropriate 

Chief of Mission, who shall conduct a risk assessment 

of the alien and an independent review of records maintained by the United States Government or hiring organization or entity to confirm employment and faithful and 

valuable service to the United States Government prior 

to approval of a petition under this section. 

(3) NUMERICAL LIMITATIONS.— 

(A) IN GENERAL.—Except as provided in subparagraph 

(C), the total number of principal aliens who may be provided special immigrant status under this section may 

not exceed 1,500 per year for each of the fiscal years 

2009, 2010, 2011, 2012, and 2013. 

(B) EXCLUSION FROM NUMERICAL LIMITATIONS.—Aliens 

provided special immigrant status under this subsection 

shall not be counted against any numerical limitation under 

sections 201(d), 202(a), or 203(b)(4) of the Immigration 

and Nationality Act (8 U.S.C. 1151(d), 1152(a), and 

1153(b)(4)). 

(C) CARRY FORWARD.— 

(i) FISCAL YEARS 2009 THROUGH 2013.—If the numerical limitation specified in subparagraph (A) is not 

reached during a given fiscal year, with respect to 

fiscal year 2009, 2010, 2011, 2012, or 2013, the numerical limitation specified in such subparagraph for the 

following fiscal year shall be increased by a number 

equal to the difference between— 

(I) the numerical limitation specified in 

subparagraph (A) for the given fiscal year; and 

(II) the number of principal aliens provided 

special immigrant status under this section during 

the given fiscal year. 

(ii) FISCAL YEAR 2014.—If the numerical limitation 

determined under clause (i) is not reached in fiscal 

year 2013, the total number of principal aliens who 

may be provided special immigrant status under this 

Risk assessment. 

Records. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 809 

subsection for fiscal year 2014 shall be equal to the 

difference between— 

(I) the numerical limitation determined under 

clause (i) for fiscal year 2013; and 

(II) the number of principal aliens provided 

such status under this section during fiscal year 

2013. 

(4) PROHIBITION ON FEES.—The Secretary of Homeland 

Security or the Secretary of State may not charge an alien 

described in subparagraph (A), (B), or (C) of paragraph (2) 

any fee in connection with an application for, or issuance of, 

a special immigrant visa under this section. 

(5) ASSISTANCE WITH PASSPORT ISSUANCE.—The Secretary 

of State shall make a reasonable effort to ensure that an 

alien described in subparagraph (A), (B), or (C) of paragraph 

(2) who is issued a special immigrant visa pursuant to this 

subsection is provided with the appropriate series Afghan passport necessary to enter the United States. 

(6) PROTECTION OF ALIENS.—The Secretary of State, in 

consultation with the heads of other appropriate Federal agencies, shall make a reasonable effort to provide an alien described 

in subparagraph (A), (B), or (C) of paragraph (2) who is seeking 

special immigrant status under this subsection protection or 

to immediately remove such alien from Afghanistan, if possible, 

if the Secretary determines, after consultation, that such alien 

is in imminent danger. 

(7) OTHER ELIGIBILITY FOR IMMIGRANT STATUS.—No alien 

shall be denied the opportunity to apply for admission under 

this subsection solely because such alien qualifies as an immediate relative or is eligible for any other immigrant classification. 

(8) RESETTLEMENT SUPPORT.—A citizen or national of 

Afghanistan who is granted special immigrant status described 

in section 101(a)(27) of the Immigration and Nationality Act 

(8 U.S.C. 1101(a)(27)) shall be eligible for resettlement assistance, entitlement programs, and other benefits available to 

refugees admitted under section 207 of such Act (8 U.S.C. 

1157) for a period not to exceed 8 months. 

(9) ADJUSTMENT OF STATUS.—Notwithstanding paragraph 

(2), (7), or (8) of subsection (c) of section 245 of the Immigration 

and Nationality Act (8 U.S.C. 1255), the Secretary of Homeland 

Security may adjust the status of an alien described in subparagraph (A), (B), or (C) of paragraph (2) of this subsection or 

in section 1244(b) of the Refugee Crisis in Iraq Act of 2007 

(Public Law 110–181; 122 Stat. 397) to that of an alien lawfully 

admitted for permanent residence under subsection (a) of such 

section 245 if the alien— 

(A) was paroled or admitted as a nonimmigrant into 

the United States; and 

(B) is otherwise eligible for special immigrant status 

under— 

(i)(I) this subsection; or 

(II) such section 1244(b); and 

(ii) the Immigration and Nationality Act (8 U.S.C. 

1101 et seq.). 

(10) REPORT ON IMPLEMENTATION AND AUTHORITY TO CARRY

OUT ADMINISTRATIVE MEASURES.— 


dkrause on GSDDPC29 with PUBLIC LAWS
123 STAT. 810 PUBLIC LAW 111–8—MAR. 11, 2009 

(A) REQUIREMENT FOR REPORT.—Not later than one 

year after the date of the enactment of this Act, the Secretary of Homeland Security and the Secretary of State, 

in consultation with the Secretary of Defense, shall submit 

to the appropriate committees of Congress a report on 

the implementation of this subsection. 

(B) CONTENT OF REPORT.—The report required by 

subparagraph (A) shall describe actions taken, and additional administrative measures that may be needed, to 

ensure the integrity of the program established under this 

subsection and the national security interests of the United 

States related to such program. 

(C) AUTHORITY TO CARRY OUT ADMINISTRATIVE MEAS- URES.—The Secretary of Homeland Security and the Secretary of State shall implement any additional administrative measures described in subparagraph (B) as they may 

deem necessary and appropriate to ensure the integrity 

of the program established under this subsection and the 

national security interests of the United States related 

to such program. 

(11) ANNUAL REPORT ON USE OF SPECIAL IMMIGRANT

STATUS.— 

(A) REQUIREMENT.—Not later than 120 days after the 

date of the enactment of this Act, and annually thereafter, 

the Secretary of Homeland Security shall submit to the 

appropriate committees of Congress a report on the number 

of citizens or nationals of Afghanistan or Iraq who have 

applied for status as special immigrants under this subsection or section 1244 of the Refugee Crisis in Iraq Act 

of 2007 (Public Law 110–181; 122 Stat. 396). 

(B) CONTENT.—Each report required by subparagraph 

(A) submitted in a fiscal year shall include the following 

information for the previous fiscal year: 

(i) The number of citizens or nationals of Afghanistan or Iraq who submitted an application for status 

as a special immigrant pursuant to this section or 

section 1244 of the Refugee Crisis in Iraq Act of 2007 

(Public Law 110–181; 122 Stat. 396), disaggregated— 

(I) by the number of principal aliens applying 

for such status; and 

(II) by the number of spouses and children 

of principal aliens applying for such status. 

(ii) The number of applications referred to in clause 

(i) that— 

(I) were approved; or 

(II) were denied, including a description of 

the basis for each denial. 

(c) INFORMATION REGARDING CITIZENS OR NATIONALS OF

AFGHANISTAN EMPLOYED BY THE UNITED STATES OR FEDERAL CONTRACTORS IN AFGHANISTAN.— 

(1) REQUIREMENT TO COMPILE INFORMATION.— (A) IN GENERAL.—Not later than 120 days after the 

date of the enactment of this Act, the Administrator of 

the United States Agency for International Development, 

the Secretary of Defense, the Secretary of Homeland Security, the Secretary of State, and the Secretary of the 

Treasury shall— 

Deadline. 

Records. 


dkrause on GSDDPC29 with PUBLIC LAWS
PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 811 

(i) review internal records and databases of their 

respective agencies for information that can be used 

to verify employment of citizens or nationals of 

Afghanistan by the United States Government; and 

(ii) request from each prime contractor or grantee 

that has performed work in Afghanistan since October 

7, 2001, under a contract, grant, or cooperative agreement with their respective agencies that is valued in 

excess of $25,000, information that may be used to 

verify the employment of such citizens or nationals 

by such contractor or grantee. 

(B) INFORMATION REQUIRED.—To the extent data is 

available, the information referred to in subparagraph (A) 

shall include the name and dates of employment of, 

biometric data for, and other data that can be used to 

verify the employment of each citizen or national of 

Afghanistan who has performed work in Afghanistan since 

October 7, 2001, under a contract, grant, or cooperative 

agreement with an executive agency. 

(2) REPORT ON ESTABLISHMENT OF DATABASE.—Not later 

than 120 days after the date of the enactment of this Act, 

the Secretary of Defense, in consultation with the Administrator 

of the United States Agency for International Development, 

the Secretary of Homeland Security, the Secretary of State, 

and the Secretary of the Treasury, shall submit to the appropriate committees of Congress a report examining the options 

for establishing a unified and classified database of information 

related to contracts, grants, or cooperative agreements entered 

into by executive agencies for the performance of work in 

Afghanistan since October 7, 2001, including the information 

described and collected under paragraph (1), to be used by 

relevant Federal departments and agencies to adjudicate refugee, asylum, special immigrant visa, and other immigration 

claims and applications. 

(3) REPORT ON NONCOMPLIANCE.—Not later than 180 days 

after the date of the enactment of this Act, the President 

shall submit to the appropriate committees of Congress a report 

that describes— 

(A) the inability or unwillingness of any contractor 

or grantee to provide the information requested under paragraph (1)(A)(ii); and 

(B) the reasons that such contractor or grantee provided for failing to provide such information. 

(4) EXECUTIVE AGENCY DEFINED.—In this subsection, the 

term ‘‘executive agency’’ has the meaning given that term in 

section 4 of the Office of Federal Procurement Policy Act (41 

U.S.C. 403). 

(d) RULE OF CONSTRUCTION.—Nothing in this section may be 

construed to affect the authority of the Secretary of Homeland 

Security under section 1059 of the National Defense Authorization 

Act for Fiscal Year 2006 (Public Law 109–163; 8 U.S.C. 1101 

note). 

This division may be cited as the ‘‘Departments of Labor, Health 

and Human Services, and Education, and Related Agencies Appropriations Act, 2009’’. 


dkrause on GSDDPC29 with PUBLIC LAWS
123 STAT. 812 PUBLIC LAW 111–8—MAR. 11, 2009 

DIVISION G—LEGISLATIVE BRANCH APPROPRIATIONS ACT, 

2009 

TITLE I 

LEGISLATIVE BRANCH 

SENATE 

EXPENSE ALLOWANCES

For expense allowances of the Vice President, $20,000; the President Pro Tempore of the Senate, $40,000; Majority Leader 

of the Senate, $40,000; Minority Leader of the Senate, $40,000; 

Majority Whip of the Senate, $10,000; Minority Whip of the Senate, 

$10,000; Chairmen of the Majority and Minority Conference 

Committees, $5,000 for each Chairman; and Chairmen of the 

Majority and Minority Policy Committees, $5,000 for each Chairman; in all, $180,000. 

REPRESENTATION ALLOWANCES FOR THE MAJORITY AND MINORITY

LEADERS

For representation allowances of the Majority and Minority Leaders of the Senate, $15,000 for each such Leader; in all, $30,000. 

SALARIES, OFFICERS AND EMPLOYEES

For compensation of officers, employees, and others as authorized by law, including agency contributions, $171,699,000, which 

shall be paid from this appropriation without regard to the following 

limitations: 

OFFICE OF THE VICE PRESIDENT

For the Office of the Vice President, $2,413,000. 

OFFICE OF THE PRESIDENT PRO TEMPORE

For the Office of the President Pro Tempore, $720,000. 

OFFICE OF THE PRESIDENT PRO TEMPORE EMERITUS

For the Office of the President Pro Tempore Emeritus, 

$100,000. 

OFFICES OF THE MAJORITY AND MINORITY LEADERS

For Offices of the Majority and Minority Leaders, $4,998,000. 

OFFICES OF THE MAJORITY AND MINORITY WHIPS

For Offices of the Majority and Minority Whips, $3,096,000. 

COMMITTEE ON APPROPRIATIONS

For salaries of the Committee on Appropriations, $15,200,000. 

2 USC 60a note. 

Legislative 

Branch 

Appropriations 

Act, 2009. 


dkrause on GSDDPC29 with PUBLIC LAWS
PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 813 

CONFERENCE COMMITTEES

For the Conference of the Majority and the Conference of the 

Minority, at rates of compensation to be fixed by the Chairman 

of each such committee, $1,655,000 for each such committee; in 

all, $3,310,000. 

OFFICES OF THE SECRETARIES OF THE CONFERENCE OF THE MAJORITY

AND THE CONFERENCE OF THE MINORITY

For Offices of the Secretaries of the Conference of the Majority and the Conference of the Minority, $814,000. 

POLICY COMMITTEES

For salaries of the Majority Policy Committee and the Minority 

Policy Committee, $1,690,000 for each such committee; in all, 

$3,380,000. 

OFFICE OF THE CHAPLAIN

For Office of the Chaplain, $397,000. 

OFFICE OF THE SECRETARY

For Office of the Secretary, $24,020,000. 

OFFICE OF THE SERGEANT AT ARMS AND DOORKEEPER

For Office of the Sergeant at Arms and Doorkeeper, 

$66,800,000. 

OFFICES OF THE SECRETARIES FOR THE MAJORITY AND MINORITY

For Offices of the Secretary for the Majority and the Secretary 

for the Minority, $1,758,000. 

AGENCY CONTRIBUTIONS AND RELATED EXPENSES

For agency contributions for employee benefits, as authorized by law, and related expenses, $44,693,000. 

OFFICE OF THE LEGISLATIVE COUNSEL OF THE SENATE

For salaries and expenses of the Office of the Legislative Counsel of the Senate, $6,743,000. 

OFFICE OF SENATE LEGAL COUNSEL

For salaries and expenses of the Office of Senate Legal Counsel, $1,484,000. 

EXPENSE ALLOWANCES OF THE SECRETARY OF THE SENATE, SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE, AND SECRE- TARIES FOR THE MAJORITY AND MINORITY OF THE SENATE

For expense allowances of the Secretary of the Senate, $7,500; 

Sergeant at Arms and Doorkeeper of the Senate, $7,500; Secretary 

for the Majority of the Senate, $7,500; Secretary for the Minority 

of the Senate, $7,500; in all, $30,000. 


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123 STAT. 814 PUBLIC LAW 111–8—MAR. 11, 2009 

CONTINGENT EXPENSES OF THE SENATE

INQUIRIES AND INVESTIGATIONS

For expenses of inquiries and investigations ordered by the 

Senate, or conducted under paragraph 1 of rule XXVI of the 

Standing Rules of the Senate, section 112 of the Supplemental 

Appropriations and Rescission Act, 1980 (Public Law 96–304), and 

Senate Resolution 281, 96th Congress, agreed to March 11, 1980, 

$137,400,000. 

EXPENSES OF THE UNITED STATES SENATE CAUCUS ON

INTERNATIONAL NARCOTICS CONTROL

For expenses of the United States Senate Caucus on International Narcotics Control, $520,000. 

SECRETARY OF THE SENATE

For expenses of the Office of the Secretary of the Senate, 

$2,000,000. 

SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE

For expenses of the Office of the Sergeant at Arms and Doorkeeper of the Senate, $153,601,000, which shall remain available 

until September 30, 2013. 

MISCELLANEOUS ITEMS

For miscellaneous items, $21,043,000, of which up to $500,000 

shall be made available for a pilot program for mailings of postal 

patron postcards by Senators for the purpose of providing notice 

of a town meeting by a Senator in a county (or equivalent unit 

of local government) at which the Senator will personally attend: 

Provided, That any amount allocated to a Senator for such mailing 

shall not exceed 50 percent of the cost of the mailing and the 

remaining cost shall be paid by the Senator from other funds 

available to the Senator. 

SENATORS’ OFFICIAL PERSONNEL AND OFFICE EXPENSE ACCOUNT

For Senators’ Official Personnel and Office Expense Account, 

$400,000,000. 

OFFICIAL MAIL COSTS

For expenses necessary for official mail costs of the Senate, $300,000. 

ADMINISTRATIVE PROVISIONS

SEC. 1. GROSS RATE OF COMPENSATION IN OFFICES OF SENATORS. Effective on and after October 1, 2008, each of the dollar 

amounts contained in the table under section 105(d)(1)(A) of the 

Legislative Branch Appropriations Act, 1968 (2 U.S.C. 61–1(d)(1)(A)) 

shall be deemed to be the dollar amounts in that table, as adjusted 

by law and in effect on September 30, 2008, increased by an 

additional $50,000 each. 

2 USC 61h–6. SEC. 2. CONSULTANTS. (a) IN GENERAL.— 

2 USC 61–1, 

61–1 note. 

Effective date. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 815 

(1) The first sentence of section 101(a) of the Supplemental 

Appropriations Act, 1977 (2 U.S.C. 61h–6(a)) is amended by 

striking ‘‘eight individual consultants’’ and inserting ‘‘nine individual consultants’’. 

(2) The second sentence of section 101(a) of the Supplemental Appropriations Act, 1977 (2 U.S.C. 61h–6(a)) is amended 

by striking ‘‘two individual consultants’’ and inserting ‘‘three 

individual consultants’’. 

(b) EFFECTIVE DATE.—This section shall take effect on the 

date of enactment of this Act and shall apply to fiscal year 2009 

and each fiscal year thereafter. 

HOUSE OF REPRESENTATIVES 

SALARIES AND EXPENSES

For salaries and expenses of the House of Representatives, 

$1,301,267,000, as follows: 

HOUSE LEADERSHIP OFFICES

For salaries and expenses, as authorized by law, $25,113,000, 

including: Office of the Speaker, $4,879,000, including $25,000 for 

official expenses of the Speaker; Office of the Majority Floor Leader, 

$2,436,000, including $10,000 for official expenses of the Majority 

Leader; Office of the Minority Floor Leader, $4,390,000, including 

$10,000 for official expenses of the Minority Leader; Office of the 

Majority Whip, including the Chief Deputy Majority Whip, 

$2,115,000, including $5,000 for official expenses of the Majority 

Whip; Office of the Minority Whip, including the Chief Deputy 

Minority Whip, $1,630,000, including $5,000 for official expenses 

of the Minority Whip; Speaker’s Office for Legislative Floor Activities, $501,000; Republican Steering Committee, $950,000; Republican Conference, $1,777,000; Republican Policy Committee, 

$337,000; Democratic Steering and Policy Committee, $1,315,000; 

Democratic Caucus, $1,749,000; nine minority employees, 

$1,502,000; training and program development—majority, $290,000; 

training and program development—minority, $290,000; Cloakroom 

Personnel—majority, $476,000; and Cloakroom Personnel— 

minority, $476,000. 

MEMBERS’ REPRESENTATIONAL ALLOWANCES INCLUDING MEMBERS’ 

CLERK HIRE, OFFICIAL EXPENSES OF MEMBERS, AND OFFICIAL MAIL

For Members’ representational allowances, including Members’ clerk hire, official expenses, and official mail, $609,000,000. 

COMMITTEE EMPLOYEES

STANDING COMMITTEES, SPECIAL AND SELECT

For salaries and expenses of standing committees, special and 

select, authorized by House resolutions, $154,000,000: Provided, 

That such amount shall remain available for such salaries and 

expenses until December 31, 2010, except that $9,500,000 of such 

amount shall remain available until expended for committee room 

upgrading. 

2 USC 61h–6 

note. 


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123 STAT. 816 PUBLIC LAW 111–8—MAR. 11, 2009 

COMMITTEE ON APPROPRIATIONS

For salaries and expenses of the Committee on Appropriations, $31,300,000, including studies and examinations of executive agencies and temporary personal services for such committee, to be 

expended in accordance with section 202(b) of the Legislative 

Reorganization Act of 1946 and to be available for reimbursement 

to agencies for services performed: Provided, That such amount 

shall remain available for such salaries and expenses until 

December 31, 2010. 

SALARIES, OFFICERS AND EMPLOYEES

For compensation and expenses of officers and employees, as authorized by law, $187,954,000, including: for salaries and 

expenses of the Office of the Clerk, including not more than $23,000, 

of which not more than $20,000 is for the Family Room, for official 

representation and reception expenses, $27,457,000, of which 

$500,000 shall remain available until December 31, 2010 and 

$2,060,000 shall remain available until expended; for salaries and 

expenses of the Office of the Sergeant at Arms, including the 

position of Superintendent of Garages, and including not more 

than $3,000 for official representation and reception expenses, 

$8,355,000; for salaries and expenses of the Office of the Chief 

Administrative Officer, including not more than $3,000 for official 

representation and reception expenses, $125,838,000, of which 

$7,057,000 shall remain available until expended; for salaries and 

expenses of the Office of the Inspector General, $4,945,000; for 

salaries and expenses of the Office of Emergency Planning, 

Preparedness and Operations, $3,974,000, to remain available until 

expended; for salaries and expenses of the Office of General Counsel, 

$1,357,000; for the Office of the Chaplain, $173,000; for salaries 

and expenses of the Office of the Parliamentarian, including the 

Parliamentarian, $2,000 for preparing the Digest of Rules, and 

not more than $1,000 for official representation and reception 

expenses, $2,007,000; for salaries and expenses of the Office of 

the Law Revision Counsel of the House, $3,057,000; for salaries 

and expenses of the Office of the Legislative Counsel of the House, 

$8,337,000; for salaries and expenses of the Office of Interparliamentary Affairs, $777,000; for other authorized employees, 

$1,158,000; and for salaries and expenses of the Office of the Historian, including the costs of the House Fellows Program (including 

lodging and related expenses for visiting Program participants), 

$519,000. 

ALLOWANCES AND EXPENSES

For allowances and expenses as authorized by House resolution 

or law, $293,900,000, including: supplies, materials, administrative 

costs and Federal tort claims, $11,656,000, of which $2,500,000 

shall remain available until expended; official mail for committees, 

leadership offices, and administrative offices of the House, $201,000; 

Government contributions for health, retirement, Social Security, 

and other applicable employee benefits, $260,703,000; supplies, 

materials, and other costs relating to the House portion of expenses 

for the Capitol Visitor Center, $1,900,000, to remain available until 

expended; Business Continuity and Disaster Recovery, $18,698,000, 

of which $6,260,000 shall remain available until expended; and 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 817 

miscellaneous items including purchase, exchange, maintenance, 

repair and operation of House motor vehicles, interparliamentary 

receptions, and gratuities to heirs of deceased employees of the 

House, $742,000. 

CHILD CARE CENTER

For salaries and expenses of the House of Representatives 

Child Care Center, such amounts as are deposited in the account 

established by section 312(d)(1) of the Legislative Branch Appropriations Act, 1992 (2 U.S.C. 2062), subject to the level specified in 

the budget of the Center, as submitted to the Committee on Appropriations of the House of Representatives. 

ADMINISTRATIVE PROVISIONS

SEC. 101. (a) REQUIRING AMOUNTS REMAINING IN MEMBERS’ 

REPRESENTATIONAL ALLOWANCES TO BE USED FOR DEFICIT REDUCTION OR TO REDUCE THE FEDERAL DEBT.—Notwithstanding any 

other provision of law, any amounts appropriated under this Act 

for ‘‘HOUSE OF REPRESENTATIVES—SALARIES AND EXPENSES— 

MEMBERS’ REPRESENTATIONAL ALLOWANCES’’ shall be available only 

for fiscal year 2009. Any amount remaining after all payments 

are made under such allowances for fiscal year 2009 shall be 

deposited in the Treasury and used for deficit reduction (or, if 

there is no Federal budget deficit after all such payments have 

been made, for reducing the Federal debt, in such manner as 

the Secretary of the Treasury considers appropriate). 

(b) REGULATIONS.—The Committee on House Administration 

of the House of Representatives shall have authority to prescribe 

regulations to carry out this section. 

(c) DEFINITION.—As used in this section, the term ‘‘Member 

of the House of Representatives’’ means a Representative in, or 

a Delegate or Resident Commissioner to, the Congress. 

SEC. 102. (a) The Chief Administrative Officer of the House 

of Representatives shall deposit all amounts received as promotional 

rebates and incentives on credit card purchases, balances, and 

payments into the House Services Revolving Fund under section 

105 of the Legislative Branch Appropriations Act, 2005. 

(b) Section 105(a) of the Legislative Branch Appropriations 

Act, 2005 (2 U.S.C. 117m(a)) is amended by adding at the end 

the following new paragraph: 

‘‘(6) The collection of promotional rebates and incentives 

on credit card purchases, balances, and payments.’’. 

(c) The amendments made by this section shall apply with 

respect to fiscal year 2009 and each succeeding fiscal year. 

SEC. 103. (a) Section 101 of the Legislative Branch Appropriations Act, 1993 (2 U.S.C. 95b) is amended by adding at the end 

the following new subsection: 

‘‘(d) Amounts appropriated for any fiscal year for the House 

of Representatives under the heading ‘Allowances and Expenses’ 

may be transferred to the Architect of the Capitol and made available under the heading ‘House Office Buildings’, subject to the 

approval of the Committee on Appropriations of the House of Representatives.’’. 

(b) The amendment made by subsection (a) shall apply with 

respect to fiscal year 2009 and each succeeding fiscal year. 

Applicability. 

2 USC 95b note. 

Applicability. 

2 USC 117m 

note. 


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123 STAT. 818 PUBLIC LAW 111–8—MAR. 11, 2009 

SEC. 104. (a) Effective with respect to fiscal year 2008 and 

each succeeding fiscal year, the aggregate amount otherwise authorized to be appropriated for a fiscal year for the lump-sum allowance 

for each of the following offices is increased as follows: 

(1) The allowance for the office of the Majority Floor Leader 

is increased by $200,000. 

(2) The allowance for the office of the Minority Floor Leader 

is increased by $200,000. 

(b) Effective with respect to fiscal year 2009 and each succeeding fiscal year, the aggregate amount otherwise authorized 

to be appropriated for a fiscal year for the lump-sum allowance 

for each of the following offices is increased as follows: 

(1) The allowance for the office of the Majority Whip is 

increased by $72,000. 

(2) The allowance for the office of the Minority Whip is 

increased by $72,000. 

SEC. 105. (a) Section 101 of the Legislative Branch Appropriations Act, 1993 (2 U.S.C. 95b) is amended by striking ‘‘transferred 

among’’ each place it appears in subsections (a), (b), and (c)(1) 

and inserting ‘‘transferred among and merged with’’. 

(b) Section 101(c)(2) of such Act (2 U.S.C. 95b(c)) is amended 

to read as follows: 

‘‘(2) The headings referred to in paragraph (1) are ‘House 

Leadership Offices’, ‘Members’ Representational Allowances’, ‘Committee Employees’, ‘Salaries, Officers and Employees’, and ‘Allowances and Expenses’.’’. 

(c) The amendments made by this section shall apply with 

respect to fiscal year 2009 and each succeeding fiscal year. 

SEC. 106. PERMITTING HOUSE CHILD CARE CENTER TO OFFER

SERVICES FOR SCHOOL-AGE CHILDREN.—Section 312(a)(1) of the 

Legislative Branch Appropriations Act, 1992 (2 U.S.C. 2062(a)(1)) 

is amended by striking ‘‘pre-school child care’’ and inserting the 

following: ‘‘pre-school child care and (subject to the approval of 

regulations by the Committee on House Administration) child care 

for school age children other than during the course of the ordinary 

school day’’. 

JOINT ITEMS 

For Joint Committees, as follows: 

JOINT ECONOMIC COMMITTEE

For salaries and expenses of the Joint Economic Committee, 

$4,626,000, to be disbursed by the Secretary of the Senate. 

JOINT COMMITTEE ON TAXATION

For salaries and expenses of the Joint Committee on Taxation, 

$10,719,000, to be disbursed by the Chief Administrative Officer 

of the House of Representatives. 

For other joint items, as follows: 

OFFICE OF THE ATTENDING PHYSICIAN

For medical supplies, equipment, and contingent expenses of 

the emergency rooms, and for the Attending Physician and his 

assistants, including: (1) an allowance of $2,175 per month to the 

Applicability. 

2 USC 95b note. 

Effective dates. 

Effective dates. 

2 USC 74a–10a. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 819 

Attending Physician; (2) an allowance of $1,300 per month to one 

Senior Medical Officer; (3) an allowance of $725 per month each 

to three medical officers while on duty in the Office of the Attending 

Physician; (4) an allowance of $725 per month to two assistants 

and $580 per month each not to exceed 11 assistants on the basis 

heretofore provided for such assistants; and (5) $2,223,000 for 

reimbursement to the Department of the Navy for expenses incurred 

for staff and equipment assigned to the Office of the Attending 

Physician, which shall be advanced and credited to the applicable 

appropriation or appropriations from which such salaries, allowances, and other expenses are payable and shall be available for 

all the purposes thereof, $3,105,000, to be disbursed by the Chief 

Administrative Officer of the House of Representatives. 

OFFICE OF CONGRESSIONAL ACCESSIBILITY SERVICES

SALARIES AND EXPENSES

For salaries and expenses of the Office of Congressional Accessibility Services, $800,000, to be disbursed by the Secretary of the 

Senate. 

CAPITOL GUIDE SERVICE AND SPECIAL SERVICES OFFICE 

SALARIES AND EXPENSES

For salaries and expenses of the Capitol Guide Service, 

$9,940,000, to be disbursed by the Secretary of the Senate and 

Special Services Office. 

STATEMENTS OF APPROPRIATIONS

For the preparation, under the direction of the Committees 

on Appropriations of the Senate and the House of Representatives, 

of the statements for the second session of the 110th Congress, 

showing appropriations made, indefinite appropriations, and contracts authorized, together with a chronological history of the regular appropriations bills as required by law, $30,000, to be paid 

to the persons designated by the chairmen of such committees 

to supervise the work. 

CAPITOL POLICE 

SALARIES

For salaries of employees of the Capitol Police, including overtime, hazardous duty pay differential, and Government contributions for health, retirement, social security, professional liability 

insurance, and other applicable employee benefits, $248,000,000, 

to be disbursed by the Chief of the Capitol Police or his designee. 

GENERAL EXPENSES

For necessary expenses of the Capitol Police, including motor 

vehicles, communications and other equipment, security equipment 

and installation, uniforms, weapons, supplies, materials, training, 

medical services, forensic services, stenographic services, personal 

and professional services, the employee assistance program, the 

awards program, postage, communication services, travel advances, 


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123 STAT. 820 PUBLIC LAW 111–8—MAR. 11, 2009 

relocation of instructor and liaison personnel for the Federal Law 

Enforcement Training Center, and not more than $5,000 to be 

expended on the certification of the Chief of the Capitol Police 

in connection with official representation and reception expenses, 

$57,750,000, to be disbursed by the Chief of the Capitol Police 

or his designee: Provided, That, notwithstanding any other provision 

of law, the cost of basic training for the Capitol Police at the 

Federal Law Enforcement Training Center for fiscal year 2009 

shall be paid by the Secretary of Homeland Security from funds 

available to the Department of Homeland Security. 

ADMINISTRATIVE PROVISION

(INCLUDING TRANSFER OF FUNDS) 

SEC. 1001. TRANSFER AUTHORITY.—Amounts appropriated for 

fiscal year 2009 for the Capitol Police may be transferred between 

the headings ‘‘SALARIES’’ and ‘‘GENERAL EXPENSES’’ upon the 

approval of the Committees on Appropriations of the House of 

Representatives and the Senate. 

OFFICE OF COMPLIANCE 

SALARIES AND EXPENSES

For salaries and expenses of the Office of Compliance, as 

authorized by section 305 of the Congressional Accountability Act 

of 1995 (2 U.S.C. 1385), $4,072,000, of which $800,000 shall remain 

available until September 30, 2010: Provided, That the Executive 

Director of the Office of Compliance may, within the limits of 

available appropriations, dispose of surplus or obsolete personal 

property by interagency transfer, donation, or discarding: Provided 

further, That not more than $500 may be expended on the certification of the Executive Director of the Office of Compliance in 

connection with official representation and reception expenses. 

CONGRESSIONAL BUDGET OFFICE 

SALARIES AND EXPENSES

For salaries and expenses necessary for operation of the 

Congressional Budget Office, including not more than $6,000 to 

be expended on the certification of the Director of the Congressional 

Budget Office in connection with official representation and reception expenses, $44,082,000. 

ARCHITECT OF THE CAPITOL 

GENERAL ADMINISTRATION

For salaries for the Architect of the Capitol, and other personal 

services, at rates of pay provided by law; for surveys and studies 

in connection with activities under the care of the Architect of 

the Capitol; for all necessary expenses for the general and administrative support of the operations under the Architect of the Capitol 

including the Botanic Garden; electrical substations of the Capitol, 

Senate and House office buildings, and other facilities under the 

jurisdiction of the Architect of the Capitol; including furnishings 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 821 

and office equipment; including not more than $5,000 for official 

reception and representation expenses, to be expended as the 

Architect of the Capitol may approve; for purchase or exchange, 

maintenance, and operation of a passenger motor vehicle, 

$90,659,000, of which $1,505,000 shall remain available until September 30, 2013. 

CAPITOL BUILDING

For all necessary expenses for the maintenance, care and oper- ation of the Capitol, $35,840,000, of which $10,681,000 shall remain 

available until September 30, 2013. 

CAPITOL GROUNDS

For all necessary expenses for care and improvement of grounds 

surrounding the Capitol, the Senate and House office buildings, 

and the Capitol Power Plant, $9,649,000, of which $340,000 shall 

remain available until September 30, 2013. 

SENATE OFFICE BUILDINGS

For all necessary expenses for the maintenance, care and operation of Senate office buildings; and furniture and furnishings to 

be expended under the control and supervision of the Architect 

of the Capitol, $69,359,000, of which $9,743,000 shall remain available until September 30, 2013. 

HOUSE OFFICE BUILDINGS

For all necessary expenses for the maintenance, care and oper- ation of the House office buildings, $65,814,000, of which 

$19,603,000 shall remain available until September 30, 2013. 

CAPITOL POWER PLANT

For all necessary expenses for the maintenance, care and operation of the Capitol Power Plant; lighting, heating, power (including 

the purchase of electrical energy) and water and sewer services 

for the Capitol, Senate and House office buildings, Library of Congress buildings, and the grounds about the same, Botanic Garden, 

Senate garage, and air conditioning refrigeration not supplied from 

plants in any of such buildings; heating the Government Printing 

Office and Washington City Post Office, and heating and chilled 

water for air conditioning for the Supreme Court Building, the 

Union Station complex, the Thurgood Marshall Federal Judiciary 

Building and the Folger Shakespeare Library, expenses for which 

shall be advanced or reimbursed upon request of the Architect 

of the Capitol and amounts so received shall be deposited into 

the Treasury to the credit of this appropriation, $149,042,000, of 

which $63,570,000 shall remain available until September 30, 2013: 

Provided, That not more than $8,000,000 of the funds credited 

or to be reimbursed to this appropriation as herein provided shall 

be available for obligation during fiscal year 2009. 

LIBRARY BUILDINGS AND GROUNDS

For all necessary expenses for the mechanical and structural 

maintenance, care and operation of the Library buildings and 


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123 STAT. 822 PUBLIC LAW 111–8—MAR. 11, 2009 

grounds, $39,094,000, of which $13,640,000 shall remain available 

until September 30, 2013. 

CAPITOL POLICE BUILDINGS, GROUNDS AND SECURITY

For all necessary expenses for the maintenance, care and operation of buildings, grounds and security enhancements of the United 

States Capitol Police, wherever located, the Alternate Computer 

Facility, and AOC security operations, $18,996,000, of which 

$3,497,000 shall remain available until September 30, 2013. 

BOTANIC GARDEN

For all necessary expenses for the maintenance, care and operation of the Botanic Garden and the nurseries, buildings, grounds, 

and collections; and purchase and exchange, maintenance, repair, 

and operation of a passenger motor vehicle; all under the direction 

of the Joint Committee on the Library, $10,906,000, of which 

$2,055,000 shall remain available until September 30, 2013: Provided, That of the amount made available under this heading, 

the Architect may obligate and expend such sums as may be necessary for the maintenance, care and operation of the National 

Garden established under section 307E of the Legislative Branch 

Appropriations Act, 1989 (2 U.S.C. 2146), upon vouchers approved 

by the Architect or a duly authorized designee. 

CAPITOL VISITOR CENTER

For an additional amount for the Capitol Visitor Center project, 

$31,124,000, to remain available until expended, and in addition, 

$9,103,000 for Capitol Visitor Center operations costs: Provided, 

That the Architect of the Capitol may not obligate any of the 

funds which are made available for the Capitol Visitor Center 

project without an obligation plan approved by the Committees 

on Appropriations of the Senate and House of Representatives. 

ADMINISTRATIVE PROVISIONS

SEC. 1101. (a) COLLECTION AND SALE OF RECYCLABLE MATE- RIALS.— 

(1) ESTABLISHMENT OF PROGRAM.—The Architect of the 

Capitol shall establish a program for the collection and sale 

of recyclable materials collected from or on the Capitol buildings 

and grounds, in accordance with the procedures applicable 

under subchapter III of chapter 5 of subtitle I of title 40, 

United States Code to the sale of surplus property by an executive agency. 

(2) EXCLUSION OF MATERIALS SUBJECT TO OTHER PROGRAMS.—The program established under this section shall not 

apply with respect to any materials which are subject to collection and sale under— 

(A) the third undesignated paragraph under the center 

heading ‘‘MISCELLANEOUS’’ in the first section of the 

Act entitled ‘‘An Act making appropriations for sundry 

civil expenses of the government for the fiscal year ending 

June thirtieth, eighteen hundred and eighty-three, and for 

other purposes’’, approved August 7, 1882 (2 U.S.C. 117); 

2 USC 1811 note. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 823 

(B) section 104(a) of the Legislative Branch Appropriations Act, 1987 (as enacted by reference in identical form 

by section 101(j) of Public Law 99–500 and Public Law 

99–591) (2 U.S.C. 117e); 

(C) the Senate waste recycling program referred to 

in section 4 of the Legislative Branch Appropriations Act, 

2001 (2 U.S.C. 121f); or 

(D) any other authorized program for the collection 

and sale of recyclable materials. 

(b) REVOLVING FUND.— 

(1) IN GENERAL.—There is established in the Treasury a 

revolving fund for the Office of the Architect of the Capitol, 

which shall consist of— 

(A) proceeds from the sale of recyclable materials under 

the program established under this section; and 

(B) such amounts as may be appropriated under law. 

(2) USE OF FUND.—Amounts in the revolving fund established under paragraph (1) shall be available without fiscal 

year limitation to the Architect of the Capitol, subject to the 

Architect providing prior notice to the Committees on Appropriations of the House of Representatives and Senate— 

(A) to carry out the program established under this 

section; 

(B) to carry out authorized programs and activities 

of the Architect to improve the environment; and 

(C) to carry out authorized programs and activities 

of the Architect to promote energy savings. 

(c) EFFECTIVE DATE.—This section shall apply with respect 

to each of the fiscal years 2009 through 2013. 

SEC. 1102. (a) PERMITTING LEASING OF SPACE.—Subject to the 

availability of funds, the Architect of the Capitol may acquire real 

property by lease for the use of the Library of Congress in any 

State or the District of Columbia if— 

(1) the Architect of the Capitol and the Librarian of Congress submit a joint request for the Architect to lease the 

property to the Joint Committee on the Library and to the 

Committees on Appropriations of the House of Representatives 

and Senate; and 

(2) the Joint Committee on the Library and the Committees 

on Appropriations of the House of Representatives and Senate 

each approve the request. 

(b) TRANSFER OF FUNDS.—Subject to the approval of the Joint 

Committee on the Library and the Committees on Appropriations 

of the House of Representatives and the Senate, the Architect 

of the Capitol and the Librarian of Congress may transfer between 

themselves appropriations or other available funds to pay the costs 

incurred in acquiring real property pursuant to the authority of 

this section and the costs of necessary expenses incurred in connection with the acquisition of the property. 

(c) LIMIT ON OBLIGATIONS.—No obligation entered into pursuant 

to the authority of this section shall be in advance of, or in excess 

of, available appropriations. 

(d) EFFECTIVE DATE.—This section shall apply with respect 

to fiscal year 2009 and each succeeding fiscal year. 

Property request. 

2 USC 1823a. 

Notice. 


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123 STAT. 824 PUBLIC LAW 111–8—MAR. 11, 2009 

LIBRARY OF CONGRESS 

SALARIES AND EXPENSES

For necessary expenses of the Library of Congress not otherwise 

provided for, including development and maintenance of the 

Library’s catalogs; custody and custodial care of the Library 

buildings; special clothing; cleaning, laundering and repair of uniforms; preservation of motion pictures in the custody of the Library; 

operation and maintenance of the American Folklife Center in 

the Library; preparation and distribution of catalog records and 

other publications of the Library; hire or purchase of one passenger 

motor vehicle; and expenses of the Library of Congress Trust Fund 

Board not properly chargeable to the income of any trust fund 

held by the Board, $419,030,000, of which not more than $6,000,000 

shall be derived from collections credited to this appropriation 

during fiscal year 2009, and shall remain available until expended, 

under the Act of June 28, 1902 (chapter 1301; 32 Stat. 480; 2 

U.S.C. 150) and not more than $350,000 shall be derived from 

collections during fiscal year 2009 and shall remain available until 

expended for the development and maintenance of an international 

legal information database and activities related thereto: Provided, 

That the Library of Congress may not obligate or expend any 

funds derived from collections under the Act of June 28, 1902, 

in excess of the amount authorized for obligation or expenditure 

in appropriations Acts: Provided further, That the total amount 

available for obligation shall be reduced by the amount by which 

collections are less than $6,350,000: Provided further, That of the 

total amount appropriated, $17,959,000 shall remain available until 

September 30, 2011 for the partial acquisition of books, periodicals, 

newspapers, and all other materials including subscriptions for 

bibliographic services for the Library, including $40,000 to be available solely for the purchase, when specifically approved by the 

Librarian, of special and unique materials for additions to the 

collections: Provided further, That of the total amount appropriated, 

not more than $12,000 may be expended, on the certification of 

the Librarian of Congress, in connection with official representation 

and reception expenses for the Overseas Field Offices: Provided 

further, That of the total amount appropriated, $7,170,000 shall 

remain available until expended for the digital collections and educational curricula program: Provided further, That of the total 

amount appropriated, $1,495,000 shall remain available until 

expended, and shall be transferred to the Abraham Lincoln 

Bicentennial Commission for carrying out the purposes of Public 

Law 106–173, of which $10,000 may be used for official representation and reception expenses of the Abraham Lincoln Bicentennial 

Commission: Provided further, That of the total amount appropriated, $560,000 shall be transferred to the Federal Library and 

Information Center’s FEDLINK Program: Provided further, That 

of the total amount appropriated, $190,000 shall be used to provide 

a grant to the New York Historical Society for the digitization 

of its collection: Provided further, That of the total amount appropriated, $95,000 shall be used to provide a grant to the University 

of Florida for development of a library of original case studies. 

Grants. 

Grants. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 825 

COPYRIGHT OFFICE

SALARIES AND EXPENSES

For necessary expenses of the Copyright Office, $51,592,000, 

of which not more than $28,751,000, to remain available until 

expended, shall be derived from collections credited to this appropriation during fiscal year 2009 under section 708(d) of title 17, 

United States Code: Provided, That the Copyright Office may not 

obligate or expend any funds derived from collections under such 

section, in excess of the amount authorized for obligation or expenditure in appropriations Acts: Provided further, That not more than 

$4,564,000 shall be derived from collections during fiscal year 2009 

under sections 111(d)(2), 119(b)(2), 803(e), 1005, and 1316 of such 

title: Provided further, That the total amount available for obligation 

shall be reduced by the amount by which collections are less than 

$33,315,000: Provided further, That not more than $100,000 of 

the amount appropriated is available for the maintenance of an 

‘‘International Copyright Institute’’ in the Copyright Office of the 

Library of Congress for the purpose of training nationals of developing countries in intellectual property laws and policies: Provided 

further, That not more than $4,250 may be expended, on the certification of the Librarian of Congress, in connection with official 

representation and reception expenses for activities of the International Copyright Institute and for copyright delegations, visitors, 

and seminars: Provided further, That notwithstanding any provision 

of chapter 8 of title 17, United States Code, any amounts made 

available under this heading which are attributable to royalty fees 

and payments received by the Copyright Office pursuant to sections 

111, 119, and chapter 10 of such title may be used for the costs 

incurred in the administration of the Copyright Royalty Judges 

program, with the exception of the costs of salaries and benefits 

for the Copyright Royalty Judges and staff under section 802(e). 

CONGRESSIONAL RESEARCH SERVICE

SALARIES AND EXPENSES

For necessary expenses to carry out the provisions of section 

203 of the Legislative Reorganization Act of 1946 (2 U.S.C. 166) 

and to revise and extend the Annotated Constitution of the United 

States of America, $107,323,000: Provided, That no part of such 

amount may be used to pay any salary or expense in connection 

with any publication, or preparation of material therefor (except 

the Digest of Public General Bills), to be issued by the Library 

of Congress unless such publication has obtained prior approval 

of either the Committee on House Administration of the House 

of Representatives or the Committee on Rules and Administration 

of the Senate. 

BOOKS FOR THE BLIND AND PHYSICALLY HANDICAPPED

SALARIES AND EXPENSES

For salaries and expenses to carry out the Act of March 3, 

1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $68,816,000, 

of which $30,155,000 shall remain available until expended: Provided, That of the total amount appropriated, $650,000 shall be 


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123 STAT. 826 PUBLIC LAW 111–8—MAR. 11, 2009 

available to contract to provide newspapers to blind and physically 

handicapped residents at no cost to the individual. 

ADMINISTRATIVE PROVISIONS

SEC. 1201. INCENTIVE AWARDS PROGRAM.—Of the amounts 

appropriated to the Library of Congress in this Act, not more 

than $5,000 may be expended, on the certification of the Librarian 

of Congress, in connection with official representation and reception 

expenses for the incentive awards program. 

SEC. 1202. REIMBURSABLE AND REVOLVING FUND ACTIVITIES. (a) IN GENERAL.—For fiscal year 2009, the obligational authority 

of the Library of Congress for the activities described in subsection 

(b) may not exceed $134,212,000. 

(b) ACTIVITIES.—The activities referred to in subsection (a) are 

reimbursable and revolving fund activities that are funded from 

sources other than appropriations to the Library in appropriations 

Acts for the legislative branch. 

(c) TRANSFER OF FUNDS.—During fiscal year 2009, the Librarian 

of Congress may temporarily transfer funds appropriated in this 

Act, under the heading ‘‘Library of Congress’’, under the subheading 

‘‘Salaries and expenses’’, to the revolving fund for the FEDLINK 

Program and the Federal Research Program established under section 103 of the Library of Congress Fiscal Operations Improvement 

Act of 2000 (Public Law 106–481; 2 U.S.C. 182c): Provided, That 

the total amount of such transfers may not exceed $1,900,000: 

Provided further, That the appropriate revolving fund account shall 

reimburse the Library for any amounts transferred to it before 

the period of availability of the Library appropriation expires. 

SEC. 1203. TRANSFER AUTHORITY. (a) IN GENERAL.—Amounts 

appropriated for fiscal year 2009 for the Library of Congress may 

be transferred during fiscal year 2009 between any of the headings 

under the heading ‘‘Library of Congress’’ upon the approval of 

the Committees on Appropriations of the Senate and the House 

of Representatives. 

(b) LIMITATION.—Not more than 10 percent of the total amount 

of funds appropriated to the account under any heading under 

the heading ‘‘Library of Congress’’ for fiscal year 2009 may be 

transferred from that account by all transfers made under subsection (a). 

SEC. 1204. ABRAHAM LINCOLN BICENTENNIAL COMMISSION. Section 5(d) of the Abraham Lincoln Bicentennial Commission Act 

(36 U.S.C. note prec. 101; Public Law 106–173) is amended by 

striking ‘‘that member may continue to serve on the Commission 

for not longer than the 30-day period beginning on the date that 

member ceases to be a Member of Congress’’ and inserting ‘‘that 

member may continue to serve on the Commission for the life 

of the Commission’’. 

GOVERNMENT PRINTING OFFICE 

CONGRESSIONAL PRINTING AND BINDING

(INCLUDING TRANSFER OF FUNDS) 

For authorized printing and binding for the Congress and the 

distribution of Congressional information in any format; printing 

and binding for the Architect of the Capitol; expenses necessary 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 827 

for preparing the semimonthly and session index to the Congressional Record, as authorized by law (section 902 of title 44, United 

States Code); printing and binding of Government publications 

authorized by law to be distributed to Members of Congress; and 

printing, binding, and distribution of Government publications 

authorized by law to be distributed without charge to the recipient, 

$96,828,000: Provided, That this appropriation shall not be available for paper copies of the permanent edition of the Congressional 

Record for individual Representatives, Resident Commissioners or 

Delegates authorized under section 906 of title 44, United States 

Code: Provided further, That this appropriation shall be available 

for the payment of obligations incurred under the appropriations 

for similar purposes for preceding fiscal years: Provided further, 

That notwithstanding the 2-year limitation under section 718 of 

title 44, United States Code, none of the funds appropriated or 

made available under this Act or any other Act for printing and 

binding and related services provided to Congress under chapter 

7 of title 44, United States Code, may be expended to print a 

document, report, or publication after the 27-month period beginning on the date that such document, report, or publication is 

authorized by Congress to be printed, unless Congress reauthorizes 

such printing in accordance with section 718 of title 44, United 

States Code: Provided further, That any unobligated or unexpended 

balances in this account or accounts for similar purposes for preceding fiscal years may be transferred to the Government Printing 

Office revolving fund for carrying out the purposes of this heading, 

subject to the approval of the Committees on Appropriations of 

the House of Representatives and Senate. 

OFFICE OF SUPERINTENDENT OF DOCUMENTS

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS) 

For expenses of the Office of Superintendent of Documents 

necessary to provide for the cataloging and indexing of Government 

publications and their distribution to the public, Members of Congress, other Government agencies, and designated depository and 

international exchange libraries as authorized by law, $38,744,000: 

Provided, That amounts of not more than $2,000,000 from current 

year appropriations are authorized for producing and disseminating 

Congressional serial sets and other related publications for fiscal 

years 2007 and 2008 to depository and other designated libraries: 

Provided further, That any unobligated or unexpended balances 

in this account or accounts for similar purposes for preceding fiscal 

years may be transferred to the Government Printing Office 

revolving fund for carrying out the purposes of this heading, subject 

to the approval of the Committees on Appropriations of the House 

of Representatives and Senate. 

GOVERNMENT PRINTING OFFICE REVOLVING FUND

For payment to the Government Printing Office Revolving 

Fund, $4,995,000 for information technology development and facilities repair: Provided, That the Government Printing Office is hereby 

authorized to make such expenditures, within the limits of funds 

available and in accordance with law, and to make such contracts 


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123 STAT. 828 PUBLIC LAW 111–8—MAR. 11, 2009 

and commitments without regard to fiscal year limitations as provided by section 9104 of title 31, United States Code, as may 

be necessary in carrying out the programs and purposes set forth 

in the budget for the current fiscal year for the Government Printing 

Office revolving fund: Provided further, That not more than $5,000 

may be expended on the certification of the Public Printer in connection with official representation and reception expenses: Provided 

further, That the revolving fund shall be available for the hire 

or purchase of not more than 12 passenger motor vehicles: Provided 

further, That expenditures in connection with travel expenses of 

the advisory councils to the Public Printer shall be deemed necessary to carry out the provisions of title 44, United States Code: 

Provided further, That the revolving fund shall be available for 

temporary or intermittent services under section 3109(b) of title 

5, United States Code, but at rates for individuals not more than 

the daily equivalent of the annual rate of basic pay for level V 

of the Executive Schedule under section 5316 of such title: Provided 

further, That activities financed through the revolving fund may 

provide information in any format: Provided further, That the 

revolving fund and the funds provided under the headings ‘‘Office 

of Superintendent of Documents’’ and ‘‘Salaries and Expenses’’ may 

not be used for contracted security services at GPO’s passport 

facility in the District of Columbia. 

GOVERNMENT ACCOUNTABILITY OFFICE 

SALARIES AND EXPENSES

For necessary expenses of the Government Accountability 

Office, including not more than $12,500 to be expended on the 

certification of the Comptroller General of the United States in 

connection with official representation and reception expenses; temporary or intermittent services under section 3109(b) of title 5, 

United States Code, but at rates for individuals not more than 

the daily equivalent of the annual rate of basic pay for level IV 

of the Executive Schedule under section 5315 of such title; hire 

of one passenger motor vehicle; advance payments in foreign countries in accordance with section 3324 of title 31, United States 

Code; benefits comparable to those payable under sections 901(5), 

(6), and (8) of the Foreign Service Act of 1980 (22 U.S.C. 4081(5), 

(6), and (8)); and under regulations prescribed by the Comptroller 

General of the United States, rental of living quarters in foreign 

countries, $531,000,000: Provided, That not more than $5,375,000 

of payments received under section 782 of title 31, United States 

Code, shall be available for use in fiscal year 2009: Provided further, 

That not more than $2,260,000 of reimbursements received under 

section 9105 of title 31, United States Code, shall be available 

for use in fiscal year 2009: Provided further, That this appropriation 

and appropriations for administrative expenses of any other department or agency which is a member of the National Intergovernmental Audit Forum or a Regional Intergovernmental Audit Forum 

shall be available to finance an appropriate share of either Forum’s 

costs as determined by the respective Forum, including necessary 

travel expenses of non-Federal participants: Provided further, That 

payments hereunder to the Forum may be credited as reimbursements to any appropriation from which costs involved are initially 

financed. 

Regulations. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 829 

ADMINISTRATIVE PROVISION

SEC. 1301. REPEAL AND MODIFICATION OF CERTAIN REPORTING

REQUIREMENTS. (a) SPECTRUM RELOCATION FUND TRANSFERS.—Section 118(e)(1)(B) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 928(e)(1)(B)) is 

amended— 

(1) in clause (ii) by adding ‘‘and’’ after the semicolon; 

(2) in clause (iii) by striking ‘‘; and’’ and inserting a period; 

and 

(3) by striking clause (iv). 

(b) USE OF FUNDS IN PROJECTS CONSTRUCTED UNDER PROJECTED COST.—Section 211(d) of the Public Works and Economic 

Development Act of 1965 (42 U.S.C. 3151(d)) is amended by striking 

subsection (d) and inserting the following: 

‘‘(d) REVIEW BY COMPTROLLER GENERAL.—The Comptroller General of the United States shall regularly review the implementation 

of this section.’’. 

(c) GAO STUDY AND REPORT ON IMPACT OF SAFE HARBOR ON

MEDIGAP POLICIES.—Section 5201(b)(2) of title V of division J of 

the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105–277; 42 U.S.C. 1320a–7a note) 

is repealed. 

(d) GAO REPORT ON DATE RAPE DRUG CAMPAIGN.—Section 

7(b)(3) of the Hillary J. Farias and Samantha Reid Date-Rape 

Drug Prohibition Act of 2000 (Public Law 106–172; 21 U.S.C. 801 

note) is repealed. 

(e) INSPECTOR GENERAL AUDIT AND GAO REPORT ON ENROLLEES

ELIGIBLE FOR MEDICAID.—Section 2108(d) of the Social Security 

Act (42 U.S.C. 1397hh(d)) is amended— 

(1) in the heading by striking ‘‘AND GAO REPORT’’; and 

(2) by striking paragraph (3). 

(f) GAO REPORT ON MA REGIONAL PLAN STABILIZATION FUND.— 

Section 1858(e)(7) of the Social Security Act (42 U.S.C. 1395w– 

27a(e)(7)) is repealed. 

(g) BREAST IMPLANTS; STUDY BY COMPTROLLER GENERAL.—Section 214 of the Medical Device User Fee and Modernization Act 

of 2002 (Public Law 107–250; 42 U.S.C. 289g–3 note) is repealed. 

(h) DISPOSITION OF RIGHTS.—Section 202(b) of title 35, United 

States Code is amended— 

(1) by striking paragraph (3); and 

(2) by redesignating paragraph (4) as paragraph (3). 

OPEN WORLD LEADERSHIP CENTER TRUST FUND 

For a payment to the Open World Leadership Center Trust 

Fund for financing activities of the Open World Leadership Center 

under section 313 of the Legislative Branch Appropriations Act, 

2001 (2 U.S.C. 1151), $13,900,000. 

JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING 

AND DEVELOPMENT 

For payment to the John C. Stennis Center for Public Service 

Development Trust Fund established under section 116 of the John 

C. Stennis Center for Public Service Training and Development 

Act (2 U.S.C. 1105), $430,000. 


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123 STAT. 830 PUBLIC LAW 111–8—MAR. 11, 2009 

TITLE II 

GENERAL PROVISIONS 

SEC. 201. MAINTENANCE AND CARE OF PRIVATE VEHICLES. No 

part of the funds appropriated in this Act shall be used for the 

maintenance or care of private vehicles, except for emergency assistance and cleaning as may be provided under regulations relating 

to parking facilities for the House of Representatives issued by 

the Committee on House Administration and for the Senate issued 

by the Committee on Rules and Administration. 

SEC. 202. FISCAL YEAR LIMITATION. No part of the funds appropriated in this Act shall remain available for obligation beyond 

fiscal year 2009 unless expressly so provided in this Act. 

SEC. 203. RATES OF COMPENSATION AND DESIGNATION. Whenever in this Act any office or position not specifically established 

by the Legislative Pay Act of 1929 (46 Stat. 32 et seq.) is appropriated for or the rate of compensation or designation of any office 

or position appropriated for is different from that specifically established by such Act, the rate of compensation and the designation 

in this Act shall be the permanent law with respect thereto: Provided, That the provisions in this Act for the various items of 

official expenses of Members, officers, and committees of the Senate 

and House of Representatives, and clerk hire for Senators and 

Members of the House of Representatives shall be the permanent 

law with respect thereto. 

SEC. 204. CONSULTING SERVICES. The expenditure of any appropriation under this Act for any consulting service through procurement contract, under section 3109 of title 5, United States Code, 

shall be limited to those contracts where such expenditures are 

a matter of public record and available for public inspection, except 

where otherwise provided under existing law, or under existing 

Executive order issued under existing law. 

SEC. 205. AWARDS AND SETTLEMENTS. Such sums as may be 

necessary are appropriated to the account described in subsection 

(a) of section 415 of the Congressional Accountability Act of 1995 

(2 U.S.C. 1415(a)) to pay awards and settlements as authorized 

under such subsection. 

SEC. 206. COSTS OF LBFMC. Amounts available for administrative expenses of any legislative branch entity which participates 

in the Legislative Branch Financial Managers Council (LBFMC) 

established by charter on March 26, 1996, shall be available to 

finance an appropriate share of LBFMC costs as determined by 

the LBFMC, except that the total LBFMC costs to be shared among 

all participating legislative branch entities (in such allocations 

among the entities as the entities may determine) may not exceed 

$2,000. 

SEC. 207. LANDSCAPE MAINTENANCE. The Architect of the Capitol, in consultation with the District of Columbia, is authorized 

to maintain and improve the landscape features, excluding streets 

in the irregular shaped grassy areas bounded by Washington 

Avenue SW on the northeast, Second Street SW on the west, Square 

582 on the south, and the beginning of the I–395 tunnel on the 

southeast. 

SEC. 208. LIMITATION ON TRANSFERS. None of the funds made 

available in this Act may be transferred to any department, agency, 

Contracts. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 831 

or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this 

Act or any other appropriation Act. 

SEC. 209. GUIDED TOURS OF THE CAPITOL. (a) Except as provided in subsection (b), none of the funds made available to the 

Architect of the Capitol in this Act may be used to eliminate 

guided tours of the United States Capitol which are led by 

employees and interns of offices of Members of Congress and other 

offices of the House of Representatives and Senate. 

(b) At the direction of the Capitol Police Board, or at the 

direction of the Architect of the Capitol with the approval of the 

Capitol Police Board, guided tours of the United States Capitol 

which are led by employees and interns described in subsection 

(a) may be suspended temporarily or otherwise subject to restriction 

for security or related reasons to the same extent as guided tours 

of the United States Capitol which are led by the Architect of 

the Capitol. 

SEC. 210. LIMITATION ON CERTAIN INSPECTORS GENERAL

AUTHORITY TO USE FIREARMS. None of the funds made available 

in this Act may be used by the Inspector General of the Architect 

of the Capitol or the Inspector General of the Library of Congress 

to purchase, maintain, or carry any firearm. 

This division may be cited as the ‘‘Legislative Branch Appropriations Act, 2009’’. 

DIVISION H—DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS 

ACT, 2009 

TITLE I 

DEPARTMENT OF STATE AND RELATED AGENCY 

DEPARTMENT OF STATE 

ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

(INCLUDING TRANSFER OF FUNDS) 

For necessary expenses of the Department of State and the 

Foreign Service not otherwise provided for, $5,360,318,000, of which 

$1,117,000,000 is for Worldwide Security Protection (to remain 

available until expended), to be allocated as follows: 

(1) HUMAN RESOURCES.—For necessary expenses for 

training, human resources management, and salaries, including 

employment without regard to civil service and classification 

laws of persons on a temporary basis (not to exceed $700,000), 

as authorized by section 801 of the United States Information 

and Educational Exchange Act of 1948, $2,118,598,000 to 

remain available until September 30, 2010, of which not less 

than $130,637,000 shall be available only for public diplomacy 

American salaries. 

(2) OVERSEAS PROGRAMS.—For necessary expenses for the 

regional bureaus of the Department of State and overseas 

activities as authorized by law, $1,548,617,000, to remain available until September 30, 2010, of which not less than 

Department of 

State, Foreign 

Operations, and 

Related 

Programs 

Appropriations 

Act, 2009. 


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123 STAT. 832 PUBLIC LAW 111–8—MAR. 11, 2009 

$264,169,000 shall be available only for public diplomacy international information programs. 

(3) DIPLOMATIC POLICY AND SUPPORT.—For necessary 

expenses for the functional bureaus of the Department of State 

including representation to certain international organizations 

in which the United States participates pursuant to treaties 

ratified pursuant to the advice and consent of the Senate or 

specific Acts of Congress, general administration, and arms 

control, nonproliferation and disarmament activities as authorized, $585,078,000, to remain available until September 30, 

2010. 

(4) SECURITY PROGRAMS.—For necessary expenses for secu- rity activities, $1,108,025,000, to remain available until September 30, 2010. 

(5) FEES AND PAYMENTS COLLECTED.—In addition to 

amounts otherwise made available under this heading— (A) not to exceed $1,605,150 shall be derived from 

fees collected from other executive agencies for lease or 

use of facilities located at the International Center in 

accordance with section 4 of the International Center Act, 

and, in addition, as authorized by section 5 of such Act, 

$490,000, to be derived from the reserve authorized by 

that section, to be used for the purposes set out in that 

section; 

(B) as authorized by section 810 of the United States 

Information and Educational Exchange Act, not to exceed 

$6,000,000, to remain available until expended, may be 

credited to this appropriation from fees or other payments 

received from English teaching, library, motion pictures, 

and publication programs and from fees from educational 

advising and counseling and exchange visitor programs; 

and 

(C) not to exceed $15,000, which shall be derived from 

reimbursements, surcharges and fees for use of Blair House 

facilities. 

(6) TRANSFER AND REPROGRAMMING.— (A) Notwithstanding any provision of this Act, funds 

may be reprogrammed within and between subsections 

under this heading subject to section 7015 of this Act. 

(B) Of the amount made available under this heading, not to exceed $10,000,000 may be transferred to, and 

merged with, funds made available by this Act under the 

heading ‘‘Emergencies in the Diplomatic and Consular 

Service’’, to be available only for emergency evacuations 

and rewards, as authorized. 

(C) Funds appropriated under this heading are available for acquisition by exchange or purchase of passenger 

motor vehicles as authorized by law and, pursuant to 31 

U.S.C. 1108(g), for the field examination of programs and 

activities in the United States funded from any account 

contained in this title. 

CIVILIAN STABILIZATION INITIATIVE

For necessary expenses to establish, support, maintain, 

mobilize, and deploy a civilian response corps in coordination with 

the United States Agency for International Development, and for 

related reconstruction and stabilization assistance to prevent or 

Establishment. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 833 

respond to conflict or civil strife in foreign countries or regions, 

or to enable transition from such strife, $45,000,000, to remain 

available until expended: Provided, That up to $23,014,000 may 

be made available in fiscal year 2009 to provide administrative 

expenses for the Office of the Coordinator for Reconstruction and 

Stabilization: Provided further, That notwithstanding any other 

provision of law and following consultation with the Committees 

on Appropriations, the President may exercise transfer authorities 

contained in the Foreign Assistance Act of 1961 for reconstruction 

and stabilization assistance managed by the Office of the Coordinator for Reconstruction and Stabilization, United States Department of State, only to support an actively deployed civilian response 

corps, subject to the regular notification procedures of the Committees on Appropriations: Provided further, That not later than 60 

days after enactment of this Act, the Secretary of State and the 

Administrator of the United States Agency for International 

Development shall submit a coordinated joint spending plan for 

funds made available under this heading and under the heading 

‘‘Civilian Stabilization Initiative’’ in title II of this Act. 

CAPITAL INVESTMENT FUND

For necessary expenses of the Capital Investment Fund, $71,000,000, to remain available until expended, as authorized: 

Provided, That section 135(e) of Public Law 103–236 shall not 

apply to funds available under this heading. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General, $37,000,000, notwithstanding section 209(a)(1) of the Foreign 

Service Act of 1980 (Public Law 96–465), as it relates to post 

inspections. 

EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

For expenses of educational and cultural exchange programs, as authorized, $538,000,000, to remain available until expended: 

Provided, That not to exceed $5,000,000, to remain available until 

expended, may be credited to this appropriation from fees or other 

payments received from or in connection with English teaching, 

educational advising and counseling programs, and exchange visitor 

programs as authorized. 

REPRESENTATION ALLOWANCES

For representation allowances as authorized, $8,175,000. 

PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

For expenses, not otherwise provided, to enable the Secretary 

of State to provide for extraordinary protective services, as authorized, $22,814,000, to remain available until September 30, 2010. 

EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

For necessary expenses for carrying out the Foreign Service 

Buildings Act of 1926 (22 U.S.C. 292–303), preserving, maintaining, 

repairing, and planning for buildings that are owned or directly 

leased by the Department of State, renovating, in addition to funds 

Deadline. 

Spending plan. 

President. 

Transfer 

authority. 

Notification. 


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123 STAT. 834 PUBLIC LAW 111–8—MAR. 11, 2009 

otherwise available, the Harry S Truman Building, and carrying 

out the Diplomatic Security Construction Program as authorized, 

$801,344,000, to remain available until expended as authorized, 

of which not to exceed $25,000 may be used for domestic and 

overseas representation as authorized: Provided, That none of the 

funds appropriated in this paragraph shall be available for acquisition of furniture, furnishings, or generators for other departments 

and agencies. 

In addition, for the costs of worldwide security upgrades, 

acquisition, and construction as authorized, $770,000,000, to remain 

available until expended: Provided, That funds made available by 

this paragraph may not be obligated until a plan is submitted 

to the Committees on Appropriations with the proposed allocation 

of funds made available by this Act and by proceeds of sales for 

all projects in fiscal year 2009: Provided further, That the Under 

Secretary for Management, United States Department of State, 

shall consult with the Committees on Appropriations on a regular 

and ongoing basis on the design of any proposed self-financed 

New Embassy Compound. 

In addition, for necessary expenses for overseas facility 

construction and related costs for the United States Agency for 

International Development, pursuant to section 667 of the Foreign 

Assistance Act of 1961, $135,225,000, to remain available until 

expended. 

EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

(INCLUDING TRANSFER OF FUNDS) 

For necessary expenses to enable the Secretary of State to 

meet unforeseen emergencies arising in the Diplomatic and Consular Service, $9,000,000, to remain available until expended as 

authorized, of which not to exceed $1,000,000 may be transferred 

to, and merged with, funds appropriated by this Act under the 

heading ‘‘Repatriation Loans Program Account’’, subject to the same 

terms and conditions. 

BUYING POWER MAINTENANCE ACCOUNT

To offset adverse fluctuations in foreign currency exchange 

rates and/or overseas wage and price changes, as authorized by 

section 24(b) of the State Department Basic Authorities Act of 

1956 (22 U.S.C. 2696(b)), $5,000,000, to remain available until 

expended. 

REPATRIATION LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS) 

For the cost of direct loans, $678,000, as authorized: 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 necessary to carry 

out the direct loan program, $675,000, which may be transferred 

to, and merged with, funds made available under the heading 

‘‘Diplomatic and Consular Programs’’. 

Consultation. 

Plans. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 835 

PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

For necessary expenses to carry out the Taiwan Relations Act 

(Public Law 96–8), $16,840,000. 

PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY

FUND

For payment to the Foreign Service Retirement and Disability 

Fund, as authorized by law, $157,100,000. 

INTERNATIONAL ORGANIZATIONS

CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

For necessary expenses, not otherwise provided for, to meet 

annual obligations of membership in international multilateral 

organizations, pursuant to treaties ratified pursuant to the advice 

and consent of the Senate, conventions or specific Acts of Congress, 

$1,529,400,000: Provided, That the Secretary of State shall, at 

the time of the submission of the President’s budget to Congress 

under section 1105(a) of title 31, United States Code, transmit 

to the Committees on Appropriations the most recent biennial 

budget prepared by the United Nations for the operations of the 

United Nations: Provided further, That the Secretary of State shall 

notify the Committees on Appropriations at least 15 days in advance 

(or in an emergency, as far in advance as is practicable) of any 

United Nations action to increase funding for any United Nations 

program without identifying an offsetting decrease elsewhere in 

the United Nations budget: Provided further, That any payment 

of arrearages under this title shall be directed toward activities 

that are mutually agreed upon by the United States and the respective international organization: Provided further, That none of the 

funds appropriated in this paragraph shall be available for a United 

States contribution to an international organization for the United 

States share of interest costs made known to the United States 

Government by such organization for loans incurred on or after 

October 1, 1984, through external borrowings. 

CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

For necessary expenses to pay assessed and other expenses 

of international peacekeeping activities directed to the maintenance 

or restoration of international peace and security, $1,517,000,000, 

of which 15 percent shall remain available until September 30, 

2010: Provided, That none of the funds made available by this 

Act shall be obligated or expended for any new or expanded United 

Nations peacekeeping mission unless, at least 15 days in advance 

of voting for the new or expanded mission in the United Nations 

Security Council (or in an emergency as far in advance as is 

practicable): (1) the Committees on Appropriations are notified of 

the estimated cost and length of the mission, the national interest 

that will be served, and the planned exit strategy; (2) the Committees on Appropriations are notified that the United Nations has 

taken appropriate measures to prevent United Nations employees, 

contractor personnel, and peacekeeping forces serving in any United 

Nations peacekeeping mission from trafficking in persons, exploiting 

Deadline. 

Notifications. 

Human 

trafficking. 

Notification. 

Deadline. 

United Nations. 

Budget. 

United Nations. 

22 USC 269a 

note. 


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123 STAT. 836 PUBLIC LAW 111–8—MAR. 11, 2009 

victims of trafficking, or committing acts of illegal sexual exploitation, and to hold accountable individuals who engage in such 

acts while participating in the peacekeeping mission, including 

the prosecution in their home countries of such individuals in 

connection with such acts; and (3) notification pursuant to section 

7015 of this Act is submitted, and the procedures therein followed, 

setting forth the source of funds that will be used to pay for 

the cost of the new or expanded mission: Provided further, That 

funds shall be available for peacekeeping expenses only upon a 

certification by the Secretary of State to the Committees on Appropriations that American manufacturers and suppliers are being 

given opportunities to provide equipment, services, and material 

for United Nations peacekeeping activities equal to those being 

given to foreign manufacturers and suppliers. 

INTERNATIONAL COMMISSIONS

For necessary expenses, not otherwise provided for, to meet 

obligations of the United States arising under treaties, or specific 

Acts of Congress, as follows: 

INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES

AND MEXICO

For necessary expenses for the United States Section of the 

International Boundary and Water Commission, United States and 

Mexico, and to comply with laws applicable to the United States 

Section, including not to exceed $6,000 for representation; as follows: 

SALARIES AND EXPENSES

For salaries and expenses, not otherwise provided for, 

$32,256,000. 

CONSTRUCTION

For detailed plan preparation and construction of authorized 

projects, $43,250,000, to remain available until expended, as authorized. 

AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

For necessary expenses, not otherwise provided, $11,649,000, 

of which $7,559,000 is for the International Joint Commission and 

$1,970,000 is for the International Boundary Commission, United 

States and Canada, as authorized by treaties between the United 

States and Canada or Great Britain, and $2,120,000 is for the 

Border Environment Cooperation Commission as authorized by 

Public Law 103–182: Provided, That of the amount provided under 

this heading for the International Joint Commission, $9,000 may 

be made available for representation expenses 45 days after submission to the Committees on Appropriations of a report detailing 

obligations, expenditures, and associated activities for fiscal years 

2006, 2007, and 2008, including any unobligated funds which 

expired at the end of each fiscal year and the justification for 

why such funds were not obligated. 

Availability date. 

Reports. 

Canada. 

Great Britain. 

22 USC 269a 

note. 

Certification. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 837 

INTERNATIONAL FISHERIES COMMISSIONS

For necessary expenses for international fisheries commissions, 

not otherwise provided for, as authorized by law, $29,925,000: Provided, That the United States share of such expenses may be 

advanced to the respective commissions pursuant to 31 U.S.C. 3324. 

RELATED AGENCY 

BROADCASTING BOARD OF GOVERNORS

INTERNATIONAL BROADCASTING OPERATIONS

For necessary expenses to enable the Broadcasting Board of 

Governors, as authorized, to carry out international communication 

activities, including the purchase, rent, construction, and improvement of facilities for radio and television transmission and reception 

and purchase, lease, and installation of necessary equipment for 

radio and television transmission and reception to Cuba, and to 

make and supervise grants for radio and television broadcasting 

to the Middle East, $698,187,000: Provided, That of the total 

amount in this heading, not to exceed $16,000 may be used for 

official receptions within the United States as authorized, not to 

exceed $35,000 may be used for representation abroad as authorized, and not to exceed $39,000 may be used for official reception 

and representation expenses of Radio Free Europe/Radio Liberty; 

and in addition, notwithstanding any other provision of law, not 

to exceed $2,000,000 in receipts from advertising and revenue from 

business ventures, not to exceed $500,000 in receipts from cooperating international organizations, and not to exceed $1,000,000 

in receipts from privatization efforts of the Voice of America and 

the International Broadcasting Bureau, to remain available until 

expended for carrying out authorized purposes. 

BROADCASTING CAPITAL IMPROVEMENTS

For the purchase, rent, construction, and improvement of facilities for radio and television transmission and reception, and purchase and installation of necessary equipment for radio and television transmission and reception as authorized, $11,296,000, to 

remain available until expended, as authorized. 

RELATED PROGRAMS 

THE ASIA FOUNDATION

For a grant to the Asia Foundation, as authorized by the 

Asia Foundation Act (22 U.S.C. 4402), $16,000,000, to remain available until expended, as authorized. 

UNITED STATES INSTITUTE OF PEACE

For necessary expenses of the United States Institute of Peace 

as authorized in the United States Institute of Peace Act, 

$31,000,000, to remain available until September 30, 2010. 

Cuba. 

Middle East. 


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123 STAT. 838 PUBLIC LAW 111–8—MAR. 11, 2009 

CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE TRUST FUND

For necessary expenses of the Center for Middle EasternWestern Dialogue Trust Fund, the total amount of the interest 

and earnings accruing to such Fund on or before September 30, 

2009, to remain available until expended. 

EISENHOWER EXCHANGE FELLOWSHIP PROGRAM

For necessary expenses of Eisenhower Exchange Fellowships, 

Incorporated, as authorized by sections 4 and 5 of the Eisenhower 

Exchange Fellowship Act of 1990 (20 U.S.C. 5204–5205), all interest 

and earnings accruing to the Eisenhower Exchange Fellowship Program Trust Fund on or before September 30, 2009, to remain 

available until expended: Provided, That none of the funds appropriated herein shall be used to pay any salary or other compensation, or to enter into any contract providing for the payment thereof, 

in excess of the rate authorized by 5 U.S.C. 5376; or for purposes 

which are not in accordance with OMB Circulars A–110 (Uniform 

Administrative Requirements) and A–122 (Cost Principles for Nonprofit Organizations), including the restrictions on compensation 

for personal services. 

ISRAELI ARAB SCHOLARSHIP PROGRAM

For necessary expenses of the Israeli Arab Scholarship Program 

as authorized by section 214 of the Foreign Relations Authorization 

Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest 

and earnings accruing to the Israeli Arab Scholarship Fund on 

or before September 30, 2009, to remain available until expended. 

EAST-WEST CENTER

To enable the Secretary of State to provide for carrying out 

the provisions of the Center for Cultural and Technical Interchange 

Between East and West Act of 1960, by grant to the Center for 

Cultural and Technical Interchange Between East and West in 

the State of Hawaii, $21,000,000: Provided, That none of the funds 

appropriated herein shall be used to pay any salary, or enter 

into any contract providing for the payment thereof, in excess 

of the rate authorized by 5 U.S.C. 5376. 

NATIONAL ENDOWMENT FOR DEMOCRACY

For grants made by the Department of State to the National 

Endowment for Democracy, as authorized by the National Endowment for Democracy Act, $115,000,000, to remain available until 

expended, of which $100,000,000 shall be allocated in the traditional 

and customary manner among the core institutes and $15,000,000 

shall be for democracy, human rights, and rule of law programs, 

of which $250,000 shall be for programs and activities in Tibet: 

Provided, That the President of the National Endowment for Democracy shall provide to the Committees on Appropriations not later 

than 45 days after the date of enactment of this Act a report 

on the proposed uses of funds under this heading on a regional 

and country basis: Provided further, That funds made available 

by this Act for the promotion of democracy may be made available 

Deadline. 

Reports. 

Hawaii. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 839 

for the National Endowment for Democracy notwithstanding any 

other provision of law or regulation. 

OTHER COMMISSIONS 

COMMISSION FOR THE PRESERVATION OF AMERICA’S HERITAGE

ABROAD

SALARIES AND EXPENSES

For necessary expenses for the Commission for the Preservation 

of America’s Heritage Abroad, $599,000, as authorized by section 

1303 of Public Law 99–83. 

COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM

SALARIES AND EXPENSES

For necessary expenses for the United States Commission on 

International Religious Freedom, as authorized by title II of the 

International Religious Freedom Act of 1998 (Public Law 105– 

292), $4,000,000, to remain available until September 30, 2010. 

COMMISSION ON SECURITY AND COOPERATION IN EUROPE

SALARIES AND EXPENSES

For necessary expenses of the Commission on Security and 

Cooperation in Europe, as authorized by Public Law 94–304, 

$2,610,000, to remain available until September 30, 2010. 

CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE’S

REPUBLIC OF CHINA

SALARIES AND EXPENSES

For necessary expenses of the Congressional-Executive Commission on the People’s Republic of China, as authorized, $2,000,000, 

including not more than $3,000 for the purpose of official representation, to remain available until September 30, 2010. 

UNITED STATES-CHINA ECONOMIC AND SECURITY REVIEW

COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the United States-China Economic 

and Security Review Commission, $4,000,000, including not more 

than $4,000 for the purpose of official representation, to remain 

available until September 30, 2010: Provided, That the Commission 

shall provide to the Committees on Appropriations a quarterly 

accounting of the cumulative balances of any unobligated funds 

that were received by the Commission during any previous fiscal 

year: Provided further, That section 308(e) of the United StatesChina Relations Act of 2000 (22 U.S.C. 6918(e)) (relating to the 

treatment of employees as Congressional employees), and section 

309 of such Act (22 U.S.C. 6919) (relating to printing and binding 

costs), shall apply to the Commission in the same manner as 

such section applies to the Congressional-Executive Commission 

Applicability. 

Deadlines. 

Reports. 


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123 STAT. 840 PUBLIC LAW 111–8—MAR. 11, 2009 

on the People’s Republic of China: Provided further, That the 

Commission shall comply with chapter 43 of title 5, United States 

Code, regarding the establishment and regular review of employee 

performance appraisals: Provided further, That the Commission 

shall comply with section 4505a of title 5, United States Code, 

with respect to limitations on payment of performance-based cash 

awards: Provided further, That compensation for the executive 

director of the Commission may not exceed the rate payable for 

level II of the Executive Schedule under section 5313 of title 5, 

United States Code: Provided further, That travel by members 

of the Commission and its staff shall be arranged and conducted 

under the rules and procedures applying to travel by members 

of the House of Representatives and its staff. 

UNITED STATES SENATE-CHINA INTERPARLIAMENTARY GROUP

SALARIES AND EXPENSES

For necessary expenses of the United States Senate-China 

Interparliamentary Group, as authorized under section 153 of the 

Consolidated Appropriations Act, 2004 (22 U.S.C. 276n; Public Law 

108–99; 118 Stat. 448), $150,000, to remain available until September 30, 2010. 

TITLE II 

UNITED STATES AGENCY FOR INTERNATIONAL 

DEVELOPMENT 

FUNDS APPROPRIATED TO THE PRESIDENT

OPERATING EXPENSES

(INCLUDING TRANSFER OF FUNDS) 

For necessary expenses to carry out the provisions of section 667 of the Foreign Assistance Act of 1961, $808,584,000, of which 

up to $85,000,000 may remain available until September 30, 2010: 

Provided, That none of the funds appropriated under this heading 

and under the heading ‘‘Capital Investment Fund’’ in this Act 

may be made available to finance the construction (including 

architect and engineering services), purchase, or long-term lease 

of offices for use by the United States Agency for International 

Development (USAID), unless the USAID Administrator has identified such proposed construction (including architect and engineering 

services), purchase, or long-term lease of offices in a report submitted to the Committees on Appropriations at least 15 days prior 

to the obligation of funds for such purposes: Provided further, 

That the previous proviso shall not apply when the total cost 

of construction (including architect and engineering services), purchase, or long-term lease of offices does not exceed $1,000,000: 

Provided further, That contracts or agreements entered into with 

funds appropriated under this heading may entail commitments 

for the expenditure of such funds through fiscal year 2010: Provided 

further, That any decision to open a new USAID overseas mission 

or office or, except where there is a substantial security risk to 

mission personnel, to close or significantly reduce the number of 

personnel of any such mission or office, shall be subject to the 

Notification. 

Reports. 

Deadline. 

Compliance. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 841 

regular notification procedures of the Committees on Appropriations: Provided further, That the authority of sections 610 and 

109 of the Foreign Assistance Act of 1961 may be exercised by 

the Secretary of State to transfer funds appropriated to carry out 

chapter 1 of part I of such Act to ‘‘Operating Expenses’’ in accordance with the provisions of those sections: Provided further, That 

of the funds appropriated or made available under this heading, 

not to exceed $250,000 shall be available for representation and 

entertainment allowances, of which not to exceed $5,000 shall be 

available for entertainment allowances, for USAID during the current fiscal year: Provided further, That no such entertainment funds 

may be used for the purposes listed in section 7020 of this Act: 

Provided further, That appropriate steps shall be taken to assure 

that, to the maximum extent possible, United States-owned foreign 

currencies are utilized in lieu of dollars. 

CIVILIAN STABILIZATION INITIATIVE

For necessary expenses to carry out section 667 of the Foreign 

Assistance Act of 1961 for the United States Agency for International Development (USAID) to establish, support, maintain, 

mobilize, and deploy a civilian response corps in coordination with 

the Department of State, and for related reconstruction and stabilization assistance to prevent or respond to conflict or civil strife 

in foreign countries or regions, or to enable transition from such 

strife, $30,000,000, to remain available until expended: Provided, 

That not later than 60 days after enactment of this Act, the Secretary of State and the USAID Administrator shall submit a coordinated joint spending plan for funds made available under this 

heading and under the heading ‘‘Civilian Stabilization Initiative’’ 

in title I of this Act. 

CAPITAL INVESTMENT FUND

For necessary expenses for overseas construction and related 

costs, and for the procurement and enhancement of information 

technology and related capital investments, pursuant to section 

667 of the Foreign Assistance Act of 1961, $35,775,000, to remain 

available until expended: Provided, That this amount is in addition 

to funds otherwise available for such purposes: Provided further, 

That funds appropriated under this heading shall be available 

for obligation only pursuant to the regular notification procedures 

of the Committees on Appropriations. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses to carry out the provisions of section 

667 of the Foreign Assistance Act of 1961, $42,000,000, to remain 

available until September 30, 2010, which sum shall be available 

for the Office of the Inspector General of the United States Agency 

for International Development. 

Notification. 

Deadline. 

Spending plan. 


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123 STAT. 842 PUBLIC LAW 111–8—MAR. 11, 2009 

TITLE III 

BILATERAL ECONOMIC ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

For necessary expenses to enable the President to carry out 

the provisions of the Foreign Assistance Act of 1961, and for other 

purposes, to remain available until September 30, 2009, unless 

otherwise specified herein, as follows: 

GLOBAL HEALTH AND CHILD SURVIVAL

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out the provisions of chapters 

1 and 10 of part I of the Foreign Assistance Act of 1961, for 

global health activities, in addition to funds otherwise available 

for such purposes, $1,955,000,000, to remain available until September 30, 2010, and which shall be apportioned directly to the 

United States Agency for International Development: Provided, That this amount shall be made available for such activities as: 

(1) child survival and maternal health programs; (2) immunization 

and oral rehydration programs; (3) other health, nutrition, water 

and sanitation programs which directly address the needs of mothers and children, and related education programs; (4) assistance 

for children displaced or orphaned by causes other than AIDS; 

(5) programs for the prevention, treatment, control of, and research 

on HIV/AIDS, tuberculosis, polio, malaria, and other infectious diseases, and for assistance to communities severely affected by HIV/ 

AIDS, including children infected or affected by AIDS; and (6) 

family planning/reproductive health: Provided further, That none 

of the funds appropriated under this paragraph may be made available for nonproject assistance, except that funds may be made 

available for such assistance for ongoing health activities: Provided 

further, That of the funds appropriated under this paragraph, not to exceed $400,000, in addition to funds otherwise available for 

such purposes, may be used to monitor and provide oversight of 

child survival, maternal and family planning/reproductive health, 

and infectious disease programs: Provided further, That of the funds 

appropriated under this paragraph, $75,000,000 should be made 

available for a United States contribution to The GAVI Fund, 

and up to $5,000,000 may be transferred to, and merged with, 

funds appropriated by this Act under the heading ‘‘Operating 

Expenses’’ in title II for costs directly related to global health, 

but funds made available for such costs may not be derived from 

amounts made available for contributions under this and preceding 

provisos: Provided further, That none of the funds made available 

in this Act nor any unobligated balances from prior appropriations 

Acts may be made available to any organization or program which, 

as determined by the President of the United States, supports 

or participates in the management of a program of coercive abortion 

or involuntary sterilization: Provided further, That any determination made under the previous proviso must be made no later than 

6 months after the date of enactment of this Act, and must be 

accompanied by the evidence and criteria utilized to make the 

determination: Provided further, That none of the funds made available under this Act may be used to pay for the performance of Abortion. 

Deadline. 

Determination. 

Abortion. 

Sterilization. 

HIV/AIDS. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 843 

abortion as a method of family planning or to motivate or coerce 

any person to practice abortions: Provided further, That nothing 

in this paragraph shall be construed to alter any existing statutory 

prohibitions against abortion under section 104 of the Foreign 

Assistance Act of 1961: Provided further, That none of the funds 

made available under this Act may be used to lobby for or against 

abortion: Provided further, That in order to reduce reliance on 

abortion in developing nations, funds shall be available only to 

voluntary family planning projects which offer, either directly or 

through referral to, or information about access to, a broad range 

of family planning methods and services, and that any such voluntary family planning project shall meet the following requirements: (1) service providers or referral agents in the project shall 

not implement or be subject to quotas, or other numerical targets, 

of total number of births, number of family planning acceptors, 

or acceptors of a particular method of family planning (this provision 

shall not be construed to include the use of quantitative estimates 

or indicators for budgeting and planning purposes); (2) the project 

shall not include payment of incentives, bribes, gratuities, or financial reward to: (A) an individual in exchange for becoming a family 

planning acceptor; or (B) program personnel for achieving a numerical target or quota of total number of births, number of family 

planning acceptors, or acceptors of a particular method of family 

planning; (3) the project shall not deny any right or benefit, 

including the right of access to participate in any program of general 

welfare or the right of access to health care, as a consequence 

of any individual’s decision not to accept family planning services; 

(4) the project shall provide family planning acceptors comprehensible information on the health benefits and risks of the method 

chosen, including those conditions that might render the use of 

the method inadvisable and those adverse side effects known to 

be consequent to the use of the method; and (5) the project shall 

ensure that experimental contraceptive drugs and devices and medical procedures are provided only in the context of a scientific 

study in which participants are advised of potential risks and 

benefits; and, not less than 60 days after the date on which the 

Administrator of the United States Agency for International 

Development determines that there has been a violation of the 

requirements contained in paragraph (1), (2), (3), or (5) of this 

proviso, or a pattern or practice of violations of the requirements 

contained in paragraph (4) of this proviso, the Administrator shall 

submit to the Committees on Appropriations a report containing 

a description of such violation and the corrective action taken 

by the Agency: Provided further, That in awarding grants for natural family planning under section 104 of the Foreign Assistance 

Act of 1961 no applicant shall be discriminated against because 

of such applicant’s religious or conscientious commitment to offer 

only natural family planning; and, additionally, all such applicants 

shall comply with the requirements of the previous proviso: Provided further, That for purposes of this or any other Act authorizing 

or appropriating funds for the Department of State, foreign operations, and related programs, the term ‘‘motivate’’, as it relates 

to family planning assistance, shall not be construed to prohibit 

the provision, consistent with local law, of information or counseling 

about all pregnancy options: Provided further, That information 

provided about the use of condoms as part of projects or activities 

that are funded from amounts appropriated by this Act shall be 

Condoms. 

Grants. 

Nondiscrimination. 

Compliance. 

Family planning. 

Requirements. 

Deadline. 

Determination. 

Reports. 

Lobbying. 

Abortion. 


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123 STAT. 844 PUBLIC LAW 111–8—MAR. 11, 2009 

medically accurate and shall include the public health benefits 

and failure rates of such use. 

In addition, for necessary expenses to carry out the provisions 

of the Foreign Assistance Act of 1961 for the prevention, treatment, 

and control of, and research on, HIV/AIDS, $5,159,000,000, to 

remain available until expended, and which shall be apportioned 

directly to the Department of State: Provided, That of the funds 

appropriated under this paragraph, not less than $600,000,000 shall 

be made available, notwithstanding any other provision of law, 

except for the United States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of 2003 (Public Law 108–25), as amended, 

for a United States contribution to the Global Fund to Fight AIDS, 

Tuberculosis and Malaria, and shall be expended at the minimum 

rate necessary to make timely payment for projects and activities: 

Provided further, That up to 5 percent of the aggregate amount 

of funds made available to the Global Fund in fiscal year 2009 

may be made available to the United States Agency for International Development for technical assistance related to the activities of the Global Fund: Provided further, That of the funds appropriated under this paragraph, up to $14,000,000 may be made 

available, in addition to amounts otherwise available for such purposes, for administrative expenses of the Office of the Global AIDS 

Coordinator. 

DEVELOPMENT ASSISTANCE

For necessary expenses to carry out the provisions of sections 

103, 105, 106, and sections 251 through 255, and chapter 10 of 

part I of the Foreign Assistance Act of 1961, $1,800,000,000, to 

remain available until September 30, 2010: Provided, That of the 

funds appropriated under this heading that are made available 

for assistance programs for displaced and orphaned children and 

victims of war, not to exceed $44,000, in addition to funds otherwise 

available for such purposes, may be used to monitor and provide 

oversight of such programs: Provided further, That of the funds 

appropriated by this Act and prior Acts for fiscal year 2009, not 

less than $245,000,000 shall be made available for microenterprise 

and microfinance development programs for the poor, especially 

women: Provided further, That of the funds appropriated under 

this heading, not less than $22,500,000 shall be made available 

for the American Schools and Hospitals Abroad program: Provided 

further, That of the funds appropriated under this heading, 

$10,000,000 shall be made available for cooperative development 

programs within the Office of Private and Voluntary Cooperation: 

Provided further, That of the funds appropriated by this Act and 

prior Acts for fiscal year 2009, not less than $300,000,000 shall 

be made available for water and sanitation supply projects pursuant 

to the Senator Paul Simon Water for the Poor Act of 2005 (Public 

Law 109–121), of which not less than $125,000,000 should be made 

available for such projects in Africa: Provided further, That of 

the funds appropriated by title III of this Act, not less than 

$375,000,000 shall be made available for agricultural development 

programs, of which not less than $29,000,000 shall be made available for Collaborative Research Support Programs: Provided further, 

That of the funds appropriated under this heading, $75,000,000 

shall be made available to enhance global food security, including 

for local or regional purchase and distribution of food, in addition 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 845 

to funds otherwise made available for such purposes, and notwithstanding any other provision of law: Provided further, That prior 

to the obligation of funds pursuant to the previous proviso and 

after consultation with other relevant Federal departments and 

agencies, the Committees on Appropriations, and relevant nongovernmental organizations, the Administrator of the United States 

Agency for International Development shall submit to the Committees on Appropriations a strategy for achieving the goals of funding 

for global food security programs, specifying the intended country 

beneficiaries, amounts of funding, types of activities to be funded, 

and expected quantifiable results: Provided further, That of the 

funds appropriated under this heading for agricultural development 

programs, not less than $7,000,000 shall be made available for 

a United States contribution to the endowment of the Global Crop 

Diversity Trust pursuant to section 3202 of Public Law 110–246: 

Provided further, That of the funds appropriated under this heading, not less than $15,000,000 shall be made available for programs 

to improve women’s leadership capacity in recipient countries. 

INTERNATIONAL DISASTER ASSISTANCE

For necessary expenses to carry out the provisions of section 

491 of the Foreign Assistance Act of 1961 for international disaster 

relief, rehabilitation, and reconstruction assistance, $350,000,000, 

to remain available until expended. 

TRANSITION INITIATIVES

For necessary expenses for international disaster rehabilitation 

and reconstruction assistance pursuant to section 491 of the Foreign 

Assistance Act of 1961, $50,000,000, to remain available until 

expended, to support transition to democracy and to long-term 

development of countries in crisis: Provided, That such support 

may include assistance to develop, strengthen, or preserve democratic institutions and processes, revitalize basic infrastructure, 

and foster the peaceful resolution of conflict: Provided further, That 

the United States Agency for International Development shall 

submit a report to the Committees on Appropriations at least 5 

days prior to beginning a new program of assistance: Provided 

further, That if the President determines that it is important to 

the national interests of the United States to provide transition 

assistance in excess of the amount appropriated under this heading, 

up to $15,000,000 of the funds appropriated by this Act to carry 

out the provisions of part I of the Foreign Assistance Act of 1961 

may be used for purposes of this heading and under the authorities 

applicable to funds appropriated under this heading: Provided further, That funds made available pursuant to the previous proviso 

shall be made available subject to prior consultation with the 

Committees on Appropriations. 

DEVELOPMENT CREDIT AUTHORITY

(INCLUDING TRANSFER OF FUNDS) 

For the cost of direct loans and loan guarantees provided by 

the United States Agency for International Development, as authorized by sections 256 and 635 of the Foreign Assistance Act of 

1961, up to $25,000,000 may be derived by transfer from funds 

appropriated by this Act to carry out part I of such Act and under 

President. 

Reports. 

Deadline. 

Strategy. 


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123 STAT. 846 PUBLIC LAW 111–8—MAR. 11, 2009 

the heading ‘‘Assistance for Europe, Eurasia and Central Asia’’: 

Provided, That funds provided under this paragraph and funds 

provided as a gift pursuant to section 635(d) of the Foreign Assistance Act of 1961 shall be made available only for micro and small 

enterprise programs, urban programs, and other programs which 

further the purposes of part I of such Act: Provided further, That 

such costs, including the cost of modifying such direct and guaranteed loans, shall be as defined in section 502 of the Congressional 

Budget Act of 1974, as amended: Provided further, That funds 

made available by this paragraph may be used for the cost of 

modifying any such guaranteed loans under this Act or prior Acts, 

and funds used for such costs shall be subject to the regular notification procedures of the Committees on Appropriations: Provided 

further, That the provisions of section 107A(d) (relating to general 

provisions applicable to the Development Credit Authority) of the 

Foreign Assistance Act of 1961, as contained in section 306 of 

H.R. 1486 as reported by the House Committee on International 

Relations on May 9, 1997, shall be applicable to direct loans and 

loan guarantees provided under this heading: Provided further, 

That these funds are available to subsidize total loan principal, 

any portion of which is to be guaranteed, of up to $700,000,000. 

In addition, for administrative expenses to carry out credit 

programs administered by the United States Agency for International Development, $8,000,000, which may be transferred to, 

and merged with, funds made available under the heading ‘‘Operating Expenses’’ in title II of this Act: Provided, That funds made 

available under this heading shall remain available until September 

30, 2011. 

ECONOMIC SUPPORT FUND

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out the provisions of chapter 

4 of part II of the Foreign Assistance Act of 1961, $3,007,000,000, 

to remain available until September 30, 2010: Provided, That of 

the funds appropriated under this heading, $200,000,000 shall be 

available only for Egypt, which sum shall be provided on a grant 

basis, and of which sum cash transfer assistance shall be provided 

with the understanding that Egypt will undertake significant economic and democratic reforms which are additional to those which 

were undertaken in previous fiscal years: Provided further, That 

of the funds appropriated under this heading for assistance for 

Egypt, up to $20,000,000 shall be made available for democracy, 

human rights and governance programs, and not less than 

$35,000,000 shall be made available for education programs, of 

which not less than $10,000,000 is for scholarships for Egyptian 

students with high financial need: Provided further, That 

$11,000,000 of the funds appropriated under this heading should 

be made available for Cyprus to be used only for scholarships, 

administrative support of the scholarship program, bicommunal 

projects, and measures aimed at reunification of the island and 

designed to reduce tensions and promote peace and cooperation 

between the two communities on Cyprus: Provided further, That 

of the funds appropriated under this heading, not less than 

$263,547,000 shall be made available for assistance for Jordan: 

Provided further, That of the funds appropriated under this heading 

Jordan. 

Cyprus. 

Egypt. 

Grants. 

Applicability. 

Loans. 

Notification. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 847 

not more than $75,000,000 may be made available for assistance 

for the West Bank and Gaza, of which not to exceed $2,000,000 

may be used for administrative expenses of the United States 

Agency for International Development (USAID), in addition to funds 

otherwise available for such purposes, to carry out programs in 

the West Bank and Gaza: Provided further, That $67,500,000 of 

the funds appropriated under this heading shall be made available 

for assistance for Lebanon, of which not less than $10,000,000 

shall be made available for educational scholarships for students 

in Lebanon with high financial need: Provided further, That 

$200,000,000 of the funds made available for assistance for Afghanistan under this heading may be obligated for such assistance only 

after the Secretary of State certifies to the Committees on Appropriations that the Government of Afghanistan at both the national 

and provincial level is cooperating fully with United States-funded 

poppy eradication and interdiction efforts in Afghanistan: Provided 

further, That the President may waive the previous proviso if the 

President determines and reports to the Committees on Appropriations that to do so is in the national security interests of the 

United States: Provided further, That of the funds appropriated under this heading, $200,000,000 shall be apportioned directly to 

USAID for alternative development/institution building programs 

in Colombia: Provided further, That of the funds appropriated under 

this heading that are available for Colombia, not less than 

$3,500,000 shall be transferred to, and merged with, funds appropriated under the heading ‘‘Migration and Refugee Assistance’’ and 

shall be made available only for assistance to nongovernmental 

organizations that provide emergency relief aid to Colombian refugees in neighboring countries. 

DEMOCRACY FUND

(a) For necessary expenses to carry out the provisions of the 

Foreign Assistance Act of 1961 for the promotion of democracy 

globally, $116,000,000, to remain available until September 30, 

2011, of which not less than $74,000,000 shall be made available 

for the Human Rights and Democracy Fund of the Bureau of 

Democracy, Human Rights and Labor, Department of State, and 

not less than $37,000,000 shall be made available for the Office 

of Democracy and Governance of the Bureau for Democracy, Conflict, and Humanitarian Assistance, United States Agency for International Development. 

(b) Of the funds appropriated under this heading that are 

made available to the Bureau of Democracy, Human Rights and 

Labor, not less than $17,000,000 shall be made available for the 

promotion of democracy in the People’s Republic of China, Hong 

Kong, and Taiwan, and not less than $6,500,000 shall be made 

available for the promotion of democracy in countries located outside 

the Middle East region with a significant Muslim population, and 

where such programs and activities would be important to respond 

to, deter, or prevent extremism: Provided, That assistance for 

Taiwan should be matched from sources other than the United 

States Government. 

(c) Of the funds appropriated under this heading that are 

made available to the Bureau for Democracy, Conflict, and Humanitarian Assistance, not less than $19,500,000 shall be made available 

for the Elections and Political Process Fund, $7,500,000 shall be 

made available for international labor programs, and not less than 

President. 

Waiver authority. 

Determination. 

Reports. 

Afghanistan. 

Certification. 

Lebanon. 


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123 STAT. 848 PUBLIC LAW 111–8—MAR. 11, 2009 

$10,000,000 shall be made available to provide institutional and 

core support for organizations that promote human rights, independent media and the rule of law. 

(d) Funds appropriated by this Act that are made available 

for the promotion of democracy may be made available notwithstanding any other provision of law. Funds appropriated under 

this heading are in addition to funds otherwise made available 

for such purposes. 

(e) For the purposes of funds appropriated by this Act, the 

term ‘‘promotion of democracy’’ means programs that support good 

governance, human rights, independent media, and the rule of 

law, and otherwise strengthen the capacity of democratic political 

parties, governments, nongovernmental organizations and institutions, and citizens to support the development of democratic states, 

institutions, and practices that are responsive and accountable to 

citizens. 

(f) Any contract, grant, or cooperative agreement (or any amendment to any contract, grant, or cooperative agreement) in excess 

of $1,000,000 of funds under this heading, and in excess of 

$2,500,000 under other headings in this Act, for the promotion 

of democracy, with the exception of programs and activities of 

the National Endowment for Democracy, shall be subject to the 

regular notification procedures of the Committees on Appropriations. 

INTERNATIONAL FUND FOR IRELAND

For necessary expenses to carry out the provisions of chapter 4 of part II of the Foreign Assistance Act of 1961, $15,000,000, 

which shall be available for the United States contribution to the 

International Fund for Ireland and shall be made available in 

accordance with the provisions of the Anglo-Irish Agreement Support Act of 1986 (Public Law 99–415): Provided, That such amount 

shall be expended at the minimum rate necessary to make timely 

payment for projects and activities: Provided further, That funds 

made available under this heading shall remain available until 

September 30, 2010. 

ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA

For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961, the FREEDOM Support Act, and 

the Support for East European Democracy (SEED) Act of 1989, 

$650,000,000, to remain available until September 30, 2010, which 

shall be available, notwithstanding any other provision of law, 

for assistance and for related programs for countries identified 

in section 3 of the FREEDOM Support Act and section 3(c) of 

the SEED Act: Provided, That funds appropriated under this 

heading shall be considered to be economic assistance under the 

Foreign Assistance Act of 1961 for purposes of making available 

the administrative authorities contained in that Act for the use 

of economic assistance: Provided further, That notwithstanding any 

provision of this or any other Act, funds appropriated in prior 

years under the headings ‘‘Independent States of the Former Soviet 

Union’’ and similar headings and ‘‘Assistance for Eastern Europe 

and the Baltic States’’ and similar headings, and currencies generated by or converted from such funds, shall be available for 

use in any country for which funds are made available under 

Notification. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 849 

this heading without regard to the geographic limitations of the 

heading under which such funds were originally appropriated: Provided further, That funds made available for the Southern Caucasus 

region may be used for confidence-building measures and other 

activities in furtherance of the peaceful resolution of conflicts, 

including in Nagorno-Karabagh. 

DEPARTMENT OF STATE

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

For necessary expenses to carry out section 481 of the Foreign Assistance Act of 1961, $875,000,000, to remain available until 

September 30, 2010: Provided, That during fiscal year 2009, the 

Department of State may also use the authority of section 608 

of the Foreign Assistance Act of 1961, without regard to its restrictions, to receive excess property from an agency of the United 

States Government for the purpose of providing it to a foreign 

country or international organization under chapter 8 of part I 

of that Act subject to the regular notification procedures of the 

Committees on Appropriations: Provided further, That the Secretary 

of State shall provide to the Committees on Appropriations not 

later than 45 days after the date of the enactment of this Act 

and prior to the initial obligation of funds appropriated under 

this heading, a report on the proposed uses of all funds under 

this heading on a country-by-country basis for each proposed program, project, or activity: Provided further, That none of the funds 

appropriated under this heading for assistance for Afghanistan 

may be made available for eradication programs through the aerial 

spraying of herbicides unless the Secretary of State determines 

and reports to the Committees on Appropriations that the President 

of Afghanistan has requested assistance for such aerial spraying 

programs for counternarcotics or counterterrorism purposes: Provided further, That in the event the Secretary of State makes 

a determination pursuant to the previous proviso, the Secretary 

shall consult with the Committees on Appropriations prior to the 

obligation of funds for such eradication programs: Provided further, 

That of the funds appropriated under this heading, $5,000,000 

should be made available to combat piracy of United States copyrighted materials, consistent with the requirements of section 688(a) 

and (b) of the Department of State, Foreign Operations, and Related 

Programs Appropriations Act, 2008 (division J of Public Law 110– 

161): Provided further, That none of the funds appropriated under 

this heading for assistance for Colombia shall be made available 

for budget support or as cash payments: Provided further, That 

of the funds appropriated under this heading for administrative 

expenses, ten percent shall be withheld from obligation until the 

Secretary of State submits a report to the Committees on Appropriations detailing all salaries funded under this heading in fiscal 

years 2007 and 2008, and such salaries proposed in fiscal year 

2009. 

ANDEAN COUNTERDRUG PROGRAMS

For necessary expenses to carry out section 481 of the Foreign 

Assistance Act of 1961 to support counterdrug activities in the 

Andean region of South America, $315,000,000, to remain available 

until September 30, 2010: Provided, That the Secretary of State, Deadline. 

Reports. 

Reports. 

Colombia. 

Consultation. 

Afghanistan. 

Determination. 

Reports. 

Deadline. 

Reports. 

Notification. 


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123 STAT. 850 PUBLIC LAW 111–8—MAR. 11, 2009 

in consultation with the Administrator of the United States Agency 

for International Development (USAID), shall provide to the 

Committees on Appropriations not later than 45 days after the 

date of the enactment of this Act and prior to the initial obligation 

of funds appropriated under this heading, a report on the proposed 

uses of all funds under this heading on a country-by-country basis 

for each proposed program, project, or activity: Provided further, 

That section 482(b) of the Foreign Assistance Act of 1961 shall 

not apply to funds appropriated under this heading: Provided further, That assistance provided with funds appropriated under this 

heading that is made available notwithstanding section 482(b) of 

the Foreign Assistance Act of 1961 shall be made available subject 

to the regular notification procedures of the Committees on Appropriations: Provided further, That funds appropriated under this 

heading that are made available for assistance for the Bolivian 

military and police may be made available for such purposes only 

if the Secretary of State certifies to the Committees on Appropriations that the Bolivian military and police are respecting internationally recognized human rights and cooperating fully with 

investigations and prosecutions by civilian judicial authorities of 

military and police personnel who have been credibly alleged to 

have violated such rights: Provided further, That of the funds appro- priated under this heading, not more than $16,730,000 may be 

available for administrative expenses of the Department of State, 

and not more than $8,000,000 of the funds made available for 

alternative development/institution building programs under the 

heading ‘‘Economic Support Fund’’ in this Act may be available, 

in addition to amounts otherwise available for such purposes, for 

administrative expenses of USAID. 

NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED

PROGRAMS

For necessary expenses for nonproliferation, anti-terrorism, demining and related programs and activities, $525,000,000, to 

carry out the provisions of chapter 8 of part II of the Foreign 

Assistance Act of 1961 for anti-terrorism assistance, chapter 9 of 

part II of the Foreign Assistance Act of 1961, section 504 of the 

FREEDOM Support Act, section 23 of the Arms Export Control 

Act or the Foreign Assistance Act of 1961 for demining activities, 

the clearance of unexploded ordnance, the destruction of small 

arms, and related activities, notwithstanding any other provision 

of law, including activities implemented through nongovernmental 

and international organizations, and section 301 of the Foreign 

Assistance Act of 1961 for a voluntary contribution to the International Atomic Energy Agency (IAEA), and for a United States 

contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory Commission: Provided, That of this amount not to exceed 

$41,000,000, to remain available until expended, may be made 

available for the Nonproliferation and Disarmament Fund, notwithstanding any other provision of law, to promote bilateral and multilateral activities relating to nonproliferation and disarmament: Provided further, That such funds may also be used for such countries 

other than the Independent States of the former Soviet Union 

and international organizations when it is in the national security 

interest of the United States to do so: Provided further, That funds 

appropriated under this heading may be made available for IAEA 

only if the Secretary of State determines (and so reports to the 

Determination. 

Reports. 

Israel. 

Bolivia. 

Certification. 

Human rights. 

Notification. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 851 

Congress) that Israel is not being denied its right to participate 

in the activities of that Agency: Provided further, That of the 

funds appropriated under this heading, not more than $750,000 

may be made available for public-private partnerships for conventional weapons and mine action by grant, cooperative agreement 

or contract: Provided further, That of the funds made available 

for demining and related activities, not to exceed $700,000, in 

addition to funds otherwise available for such purposes, may be 

used for administrative expenses related to the operation and 

management of the demining program: Provided further, That funds 

appropriated under this heading that are available for ‘‘Anti-terrorism Assistance’’ and ‘‘Export Control and Border Security’’ shall 

remain available until September 30, 2010. 

MIGRATION AND REFUGEE ASSISTANCE

For necessary expenses, not otherwise provided for, to enable 

the Secretary of State to provide, as authorized by law, a contribution to the International Committee of the Red Cross, assistance 

to refugees, including contributions to the International Organization for Migration and the United Nations High Commissioner 

for Refugees, and other activities to meet refugee and migration 

needs; salaries and expenses of personnel and dependents as authorized by the Foreign Service Act of 1980; allowances as authorized 

by sections 5921 through 5925 of title 5, United States Code; 

purchase and hire of passenger motor vehicles; and services as 

authorized by section 3109 of title 5, United States Code, 

$931,000,000, to remain available until expended, of which not 

less than $30,000,000 shall be made available for refugees resettling 

in Israel. 

UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE

FUND

For necessary expenses to carry out the provisions of section 

2(c) of the Migration and Refugee Assistance Act of 1962, as 

amended (22 U.S.C. 2601(c)), $40,000,000, to remain available until 

expended. 

INDEPENDENT AGENCIES

PEACE CORPS

(INCLUDING TRANSFER OF FUNDS) 

For necessary expenses to carry out the provisions of the Peace 

Corps Act (75 Stat. 612), including the purchase of not to exceed 

five passenger motor vehicles for administrative purposes for use 

outside of the United States, $340,000,000 to remain available 

until September 30, 2010: Provided, That none of the funds appropriated under this heading shall be used to pay for abortions: 

Provided further, That the Director of the Peace Corps may transfer 

to the Foreign Currency Fluctuations Account, as authorized by 

22 U.S.C. 2515, an amount not to exceed $4,000,000: Provided 

further, That funds transferred pursuant to the previous proviso 

may not be derived from amounts made available for Peace Corps 

overseas operations: Provided further, That of the funds appro- priated under this heading, not to exceed $4,000 shall be made 

available for entertainment expenses: Provided further, That any Notification. 

Abortion. 


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123 STAT. 852 PUBLIC LAW 111–8—MAR. 11, 2009 

decision to open a new domestic office or to close, or significantly 

reduce the number of personnel of, any office, shall be subject 

to the regular notification procedures of the Committees on Appropriations. 

MILLENNIUM CHALLENGE CORPORATION

(INCLUDING TRANSFER OF FUNDS) 

For necessary expenses to carry out the provisions of the Millen- nium Challenge Act of 2003, $875,000,000 to remain available until 

expended: Provided, That of the funds appropriated under this heading, up to $95,000,000 may be available for administrative 

expenses of the Millennium Challenge Corporation (the Corporation): Provided further, That up to 10 percent of the funds appropriated under this heading may be made available to carry out 

the purposes of section 616 of the Millennium Challenge Act of 

2003 for candidate countries for fiscal year 2009: Provided further, That none of the funds available to carry out section 616 of such 

Act may be made available until the Chief Executive Officer of 

the Corporation provides a report to the Committees on Appropriations listing the candidate countries that will be receiving assistance 

under section 616 of such Act, the level of assistance proposed 

for each such country, a description of the proposed programs, 

projects and activities, and the implementing agency or agencies 

of the United States Government: Provided further, That section 

605(e)(4) of the Millennium Challenge Act of 2003 shall apply 

to funds appropriated under this heading: Provided further, That 

funds appropriated under this heading may be made available 

for a Millennium Challenge Compact entered into pursuant to section 609 of the Millennium Challenge Act of 2003 only if such 

Compact obligates, or contains a commitment to obligate subject 

to the availability of funds and the mutual agreement of the parties 

to the Compact to proceed, the entire amount of the United States 

Government funding anticipated for the duration of the Compact: 

Provided further, That the Corporation should reimburse the United 

States Agency for International Development (USAID) for all 

expenses incurred by USAID with funds appropriated under this 

heading in assisting the Corporation in carrying out the Millennium 

Challenge Act of 2003 (22 U.S.C. 7701 et seq.), including administrative costs for compact development, negotiation, and implementation: Provided further, That of the funds appropriated under this 

heading, not to exceed $100,000 shall be available for representation 

and entertainment allowances, of which not to exceed $5,000 shall 

be available for entertainment allowances. 

INTER-AMERICAN FOUNDATION

For necessary expenses to carry out the functions of the InterAmerican Foundation in accordance with the provisions of section 

401 of the Foreign Assistance Act of 1969, $22,500,000, to remain 

available until September 30, 2010: Provided, That of the funds 

appropriated under this heading, not to exceed $3,000 shall be 

available for entertainment and representation allowances. 

AFRICAN DEVELOPMENT FOUNDATION

For necessary expenses to carry out title V of the International 

Security and Development Cooperation Act of 1980 (Public Law 

Applicability. 

Reports. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 853 

96–533), $32,500,000, to remain available until September 30, 2010: 

Provided, That funds made available to grantees may be invested 

pending expenditure for project purposes when authorized by the 

Board of Directors of the Foundation: Provided further, That interest 

earned shall be used only for the purposes for which the grant 

was made: Provided further, That notwithstanding section 505(a)(2) 

of the African Development Foundation Act, in exceptional circumstances the Board of Directors of the Foundation may waive 

the $250,000 limitation contained in that section with respect to 

a project and a project may exceed the limitation by up to $10,000 

if the increase is due solely to foreign currency fluctuation: Provided 

further, That the Foundation shall provide a report to the Committees on Appropriations after each time such waiver authority is 

exercised. 

DEPARTMENT OF THE TREASURY

INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

For necessary expenses to carry out the provisions of section 

129 of the Foreign Assistance Act of 1961, $25,000,000, to remain 

available until September 30, 2011, which shall be available notwithstanding any other provision of law. 

DEBT RESTRUCTURING

For the cost, as defined in section 502 of the Congressional 

Budget Act of 1974, of modifying loans and loan guarantees, as 

the President may determine, for which funds have been appropriated or otherwise made available for programs within the International Affairs Budget Function 150, including the cost of selling, 

reducing, or canceling amounts owed to the United States as a 

result of concessional loans made to eligible countries, pursuant 

to parts IV and V of the Foreign Assistance Act of 1961, of modifying 

concessional credit agreements with least developed countries, as 

authorized under section 411 of the Agricultural Trade Development 

and Assistance Act of 1954, as amended, of concessional loans, 

guarantees and credit agreements, as authorized under section 

572 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989 (Public Law 100–461), and of canceling amounts owed, as a result of loans or guarantees made 

pursuant to the Export-Import Bank Act of 1945, by countries 

that are eligible for debt reduction pursuant to title V of H.R. 

3425 as enacted into law by section 1000(a)(5) of Public Law 106– 

113, $60,000,000, to remain available until September 30, 2011: 

Provided, That not less than $20,000,000 of the funds appropriated 

under this heading shall be made available to carry out the provisions of part V of the Foreign Assistance Act of 1961: Provided 

further, That amounts paid to the HIPC Trust Fund may be used 

only to fund debt reduction under the enhanced HIPC initiative 

by— 

(1) the Inter-American Development Bank; 

(2) the African Development Fund; 

(3) the African Development Bank; and 

(4) the Central American Bank for Economic Integration: 

Provided further, That funds may not be paid to the HIPC Trust 

Fund for the benefit of any country if the Secretary of State has 

credible evidence that the government of such country is engaged 

Human rights. 

Reports. 

Waiver authority. 


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123 STAT. 854 PUBLIC LAW 111–8—MAR. 11, 2009 

in a consistent pattern of gross violations of internationally recognized human rights or in military or civil conflict that undermines 

its ability to develop and implement measures to alleviate poverty 

and to devote adequate human and financial resources to that 

end: Provided further, That on the basis of final appropriations, 

the Secretary of the Treasury shall consult with the Committees 

on Appropriations concerning which countries and international 

financial institutions are expected to benefit from a United States 

contribution to the HIPC Trust Fund during the fiscal year: Provided further, That the Secretary of the Treasury shall notify the 

Committees on Appropriations not less than 15 days in advance 

of the signature of an agreement by the United States to make 

payments to the HIPC Trust Fund of amounts for such countries 

and institutions: Provided further, That the Secretary of the 

Treasury may disburse funds designated for debt reduction through 

the HIPC Trust Fund only for the benefit of countries that— 

(1) have committed, for a period of 24 months, not to 

accept new market-rate loans from the international financial 

institution receiving debt repayment as a result of such 

disbursement, other than loans made by such institutions to 

export-oriented commercial projects that generate foreign 

exchange which are generally referred to as ‘‘enclave’’ loans; 

and 

(2) have documented and demonstrated their commitment 

to redirect their budgetary resources from international debt 

repayments to programs to alleviate poverty and promote economic growth that are additional to or expand upon those 

previously available for such purposes: 

Provided further, That any limitation of subsection (e) of section 

411 of the Agricultural Trade Development and Assistance Act 

of 1954 shall not apply to funds appropriated under this heading: 

Provided further, That none of the funds made available under 

this heading in this or any other appropriations Act shall be made 

available for Sudan or Burma unless the Secretary of the Treasury 

determines and notifies the Committees on Appropriations that 

a democratically elected government has taken office. 

TITLE IV 

INTERNATIONAL SECURITY ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

PEACEKEEPING OPERATIONS

For necessary expenses to carry out the provisions of section 

551 of the Foreign Assistance Act of 1961, $250,200,000: Provided, 

That of the funds made available under this heading, not less 

than $25,000,000 shall be made available for a United States contribution to the Multinational Force and Observers mission in the 

Sinai: Provided further, That none of the funds appropriated under 

this heading shall be obligated or expended except as provided 

through the regular notification procedures of the Committees on 

Appropriations. 

Notification. 

Sudan. 

Burma. 

Determination. 

Notification. 

Notification. 

Deadline. 

Consultation. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 855 

INTERNATIONAL MILITARY EDUCATION AND TRAINING

For necessary expenses to carry out the provisions of section 

541 of the Foreign Assistance Act of 1961, $91,000,000, of which 

up to $4,000,000 may remain available until expended and may 

only be provided through the regular notification procedures of 

the Committees on Appropriations: Provided, That the civilian personnel for whom military education and training may be provided 

under this heading may include civilians who are not members 

of a government whose participation would contribute to improved 

civil-military relations, civilian control of the military, or respect 

for human rights: Provided further, That funds made available 

under this heading for assistance for Haiti, Guatemala, the Democratic Republic of the Congo, Nigeria, Sri Lanka, Nepal, Ethiopia, 

Bangladesh, Libya, and Angola may only be provided through the 

regular notification procedures of the Committees on Appropriations 

and any such notification shall include a detailed description of 

proposed activities: Provided further, That of the funds appropriated 

under this heading, not to exceed $55,000 shall be available for 

entertainment allowances. 

FOREIGN MILITARY FINANCING PROGRAM

For necessary expenses for grants to enable the President to 

carry out the provisions of section 23 of the Arms Export Control 

Act, $4,635,000,000: Provided, That of the funds appropriated under 

this heading, not less than $2,380,000,000 shall be available for 

grants only for Israel, and not less than $1,300,000,000 shall be 

made available for grants only for Egypt, including for border 

security programs and activities in the Sinai: Provided further, 

That the funds appropriated by this paragraph for Israel shall 

be disbursed within 30 days of the enactment of this Act: Provided 

further, That to the extent that the Government of Israel requests 

that funds be used for such purposes, grants made available for 

Israel by this paragraph shall, as agreed by the United States 

and Israel, be available for advanced weapons systems, of which 

not less than $670,650,000 shall be available for the procurement 

in Israel of defense articles and defense services, including research 

and development: Provided further, That of the funds appropriated 

by this paragraph, $235,000,000 shall be made available for assistance for Jordan: Provided further, That of the funds appropriated 

under this heading, not more than $53,000,000 shall be available 

for Colombia, of which $12,500,000 is available to support maritime 

interdiction: Provided further, That funds appropriated under this 

heading for assistance for Pakistan may be made available only 

for border security, counter-terrorism and law enforcement activities 

directed against Al Qaeda, the Taliban and associated terrorist 

groups: Provided further, That none of the funds made available 

under this heading shall be made available to support or continue 

any program initially funded under the authority of section 1206 

of the National Defense Authorization Act for Fiscal Year 2006 

(Public Law 109–163; 119 Stat. 3456) unless the Secretary of State 

has previously justified such program to the Committees on Appropriations: Provided further, That funds appropriated or otherwise 

made available by this paragraph shall be nonrepayable notwithstanding any requirement in section 23 of the Arms Export Control 

Pakistan. 

Israel. 

Deadline. 

Foreign 

countries. 

Notification. 

Notification. 


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123 STAT. 856 PUBLIC LAW 111–8—MAR. 11, 2009 

Act: Provided further, That funds made available under this paragraph shall be obligated upon apportionment in accordance with 

paragraph (5)(C) of title 31, United States Code, section 1501(a). 

None of the funds made available under this heading shall 

be available to finance the procurement of defense articles, defense 

services, or design and construction services that are not sold by 

the United States Government under the Arms Export Control 

Act unless the foreign country proposing to make such procurements 

has first signed an agreement with the United States Government 

specifying the conditions under which such procurements may be 

financed with such funds: Provided, That all country and funding 

level increases in allocations shall be submitted through the regular 

notification procedures of section 7015 of this Act: Provided further, 

That none of the funds appropriated under this heading may be 

made available for assistance for Nepal, Sri Lanka, Pakistan, Bangladesh, Philippines, Indonesia, Bosnia and Herzegovina, Haiti, 

Guatemala, Ethiopia, and the Democratic Republic of the Congo 

except pursuant to the regular notification procedures of the 

Committees on Appropriations: Provided further, That funds made 

available under this heading may be used, notwithstanding any 

other provision of law, for demining, the clearance of unexploded 

ordnance, and related activities, and may include activities implemented through nongovernmental and international organizations: 

Provided further, That only those countries for which assistance 

was justified for the ‘‘Foreign Military Sales Financing Program’’ 

in the fiscal year 1989 congressional presentation for security assistance programs may utilize funds made available under this heading 

for procurement of defense articles, defense services or design and 

construction services that are not sold by the United States Government under the Arms Export Control Act: Provided further, That 

funds appropriated under this heading shall be expended at the 

minimum rate necessary to make timely payment for defense articles and services: Provided further, That not more than $51,420,000 

of the funds appropriated under this heading may be obligated 

for necessary expenses, including the purchase of passenger motor 

vehicles for replacement only for use outside of the United States, 

for the general costs of administering military assistance and sales, 

except that this limitation may be exceeded only through the regular 

notification procedures of the Committees on Appropriations: Provided further, That of the funds appropriated under this heading 

for general costs of administering military assistance and sales, 

not to exceed $4,000 shall be available for entertainment expenses 

and not to exceed $130,000 shall be available for representation 

allowances: Provided further, That not more than $470,000,000 

of funds realized pursuant to section 21(e)(1)(A) of the Arms Export 

Control Act may be obligated for expenses incurred by the Department of Defense during fiscal year 2009 pursuant to section 43(b) 

of the Arms Export Control Act, except that this limitation may 

be exceeded only through the regular notification procedures of 

the Committees on Appropriations: Provided further, That funds 

appropriated under this heading estimated to be outlayed for Egypt 

during fiscal year 2009 shall be transferred to an interest bearing 

account for Egypt in the Federal Reserve Bank of New York within 

30 days of enactment of this Act. 

Egypt. 

Deadline. 

Notification. 

Notification. 

Foreign 

countries. 

Notification. 

Notification. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 857 

TITLE V 

MULTILATERAL ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

INTERNATIONAL ORGANIZATIONS AND PROGRAMS

For necessary expenses to carry out the provisions of section 

301 of the Foreign Assistance Act of 1961, and of section 2 of 

the United Nations Environment Program Participation Act of 1973, 

$352,500,000: Provided, That section 307(a) of the Foreign Assistance Act of 1961 shall not apply to contributions to the United 

Nations Democracy Fund. 

INTERNATIONAL FINANCIAL INSTITUTIONS

GLOBAL ENVIRONMENT FACILITY

For the United States contribution for the Global Environment 

Facility, $80,000,000, to the International Bank for Reconstruction 

and Development as trustee for the Global Environment Facility, 

by the Secretary of the Treasury, to remain available until 

expended. 

CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION

For payment to the International Development Association by 

the Secretary of the Treasury, $1,115,000,000, to remain available 

until expended. 

CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS

MULTILATERAL INVESTMENT FUND

For payment to the Enterprise for the Americas Multilateral 

Investment Fund by the Secretary of the Treasury, for the United 

States contribution to the fund, $25,000,000, to remain available 

until expended. 

CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

For the United States contribution by the Secretary of the 

Treasury to the increase in resources of the Asian Development 

Fund, as authorized by the Asian Development Bank Act, as 

amended, $105,000,000, to remain available until expended. 

CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

For the United States contribution by the Secretary of the 

Treasury to the increase in resources of the African Development 

Fund, $150,000,000, to remain available until expended. 

CONTRIBUTION TO THE INTERNATIONAL FUND FOR AGRICULTURAL

DEVELOPMENT

For the United States contribution by the Secretary of the 

Treasury to increase the resources of the International Fund for 

Agricultural Development, $18,000,000, to remain available until 

expended. 


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123 STAT. 858 PUBLIC LAW 111–8—MAR. 11, 2009 

TITLE VI 

EXPORT AND INVESTMENT ASSISTANCE 

EXPORT-IMPORT BANK OF THE UNITED STATES

INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in 

carrying out the provisions of the Inspector General Act of 1978, 

as amended, $2,500,000, to remain available until September 30, 

2010. 

PROGRAM ACCOUNT

The Export-Import Bank of the United States is authorized 

to make such expenditures within the limits of funds and borrowing 

authority available to such corporation, and in accordance with 

law, and to make such contracts and commitments without regard 

to fiscal year limitations, as provided by section 104 of the Government Corporation Control Act, as may be necessary in carrying 

out the program for the current fiscal year for such corporation: 

Provided, That none of the funds available during the current 

fiscal year may be used to make expenditures, contracts, or commitments for the export of nuclear equipment, fuel, or technology 

to any country, other than a nuclear-weapon state as defined in 

Article IX of the Treaty on the Non-Proliferation of Nuclear 

Weapons eligible to receive economic or military assistance under 

this Act, that has detonated a nuclear explosive after the date 

of the enactment of this Act: Provided further, That notwithstanding 

section 1(c) of Public Law 103–428, as amended, sections 1(a) and 

(b) of Public Law 103–428 shall remain in effect through October 

1, 2009: Provided further, That not less than 10 percent of the 

aggregate loan, guarantee, and insurance authority available to 

the Export-Import Bank under this Act should be used for renewable energy technologies or energy efficient end-use technologies. 

SUBSIDY APPROPRIATION

For the cost of direct loans, loan guarantees, insurance, and 

tied-aid grants as authorized by section 10 of the Export-Import 

Bank Act of 1945, as amended, not to exceed $41,000,000: 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 such funds shall remain available 

until September 30, 2024, for the disbursement of direct loans, 

loan guarantees, insurance and tied-aid grants obligated in fiscal 

years 2009, 2010, 2011, and 2012: Provided further, That none 

of the funds appropriated by this Act or any prior Acts appropriating 

funds for the Department of State, foreign operations, and related 

programs for tied-aid credits or grants may be used for any other 

purpose except through the regular notification procedures of the 

Committees on Appropriations: Provided further, That funds appropriated by this paragraph are made available notwithstanding section 2(b)(2) of the Export-Import Bank Act of 1945, in connection 

with the purchase or lease of any product by any Eastern European 

country, any Baltic State or any agency or national thereof. 

Notification. 

12 USC 635 note. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 859 

ADMINISTRATIVE EXPENSES

For administrative expenses to carry out the direct and guaranteed loan and insurance programs, including hire of passenger 

motor vehicles and services as authorized by 5 U.S.C. 3109, and 

not to exceed $30,000 for official reception and representation 

expenses for members of the Board of Directors, not to exceed 

$81,500,000: Provided, That the Export-Import Bank may accept, 

and use, payment or services provided by transaction participants 

for legal, financial, or technical services in connection with any 

transaction for which an application for a loan, guarantee or insurance commitment has been made: Provided further, That notwithstanding subsection (b) of section 117 of the Export Enhancement 

Act of 1992, subsection (a) thereof shall remain in effect until 

October 1, 2009. 

RECEIPTS COLLECTED

Receipts collected pursuant to the Export-Import Bank Act 

of 1945, as amended, and the Federal Credit Reform Act of 1990, 

as amended, in an amount not to exceed the amount appropriated 

herein, shall be credited as offsetting collections to this account: 

Provided, That the sums herein appropriated from the General 

Fund shall be reduced on a dollar-for-dollar basis by such offsetting 

collections so as to result in a final fiscal year appropriation from 

the General Fund estimated at $0: Provided further, That of 

amounts collected in fiscal year 2009 in excess of obligations, up 

to $75,000,000, shall become available on September 1, 2009 and 

shall remain available until September 30, 2012. 

OVERSEAS PRIVATE INVESTMENT CORPORATION

NONCREDIT ACCOUNT

The Overseas Private Investment Corporation is authorized 

to make, without regard to fiscal year limitations, as provided 

by 31 U.S.C. 9104, such expenditures and commitments within 

the limits of funds available to it and in accordance with law 

as may be necessary: Provided, That the amount available for 

administrative expenses to carry out the credit and insurance programs (including an amount for official reception and representation 

expenses which shall not exceed $35,000) shall not exceed 

$50,600,000: Provided further, That project-specific transaction 

costs, including direct and indirect costs incurred in claims settlements, and other direct costs associated with services provided 

to specific investors or potential investors pursuant to section 234 

of the Foreign Assistance Act of 1961, shall not be considered 

administrative expenses for the purposes of this heading. 

PROGRAM ACCOUNT

For the cost of direct and guaranteed loans, $29,000,000, as 

authorized by section 234 of the Foreign Assistance Act of 1961, 

to be derived by transfer from the Overseas Private Investment 

Corporation Noncredit Account: 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 such sums shall be available for direct loan obligations and 

12 USC 635a 

note. 


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123 STAT. 860 PUBLIC LAW 111–8—MAR. 11, 2009 

loan guaranty commitments incurred or made during fiscal years 

2009, 2010, and 2011: Provided further, That funds so obligated 

in fiscal year 2009 remain available for disbursement through 2017; 

funds obligated in fiscal year 2010 remain available for disbursement through 2018; and funds obligated in fiscal year 2011 remain 

available for disbursement through 2019: Provided further, That 

notwithstanding any other provision of law, the Overseas Private 

Investment Corporation is authorized to undertake any program 

authorized by title IV of the Foreign Assistance Act of 1961 in 

Iraq: Provided further, That funds made available pursuant to 

the authority of the previous proviso shall be subject to the regular 

notification procedures of the Committees on Appropriations. 

In addition, such sums as may be necessary for administrative 

expenses to carry out the credit program may be derived from 

amounts available for administrative expenses to carry out the 

credit and insurance programs in the Overseas Private Investment 

Corporation Noncredit Account and merged with said account. 

FUNDS APPROPRIATED TO THE PRESIDENT

TRADE AND DEVELOPMENT AGENCY

For necessary expenses to carry out the provisions of section 661 of the Foreign Assistance Act of 1961, $50,800,000, to remain 

available until September 30, 2010. 

TITLE VII 

GENERAL PROVISIONS 

ALLOWANCES AND DIFFERENTIALS

SEC. 7001. Funds appropriated under title I of this Act shall 

be available, except as otherwise provided, for allowances and differentials as authorized by subchapter 59 of title 5, United States 

Code; for services as authorized by 5 U.S.C. 3109; and for hire 

of passenger transportation pursuant to 31 U.S.C. 1343(b). 

UNOBLIGATED BALANCES REPORT

SEC. 7002. Any Department or Agency to which funds are 

appropriated or otherwise made available by this Act shall provide 

to the Committees on Appropriations a quarterly accounting of 

cumulative balances by program, project, and activity of the funds 

received by such Department or Agency in this fiscal year or any 

previous fiscal year that remain unobligated and unexpended. 

CONSULTING SERVICES

SEC. 7003. The expenditure of any appropriation under title 

I of this Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts 

where such expenditures are a matter of public record and available 

for public inspection, except where otherwise provided under 

existing law, or under existing Executive order issued pursuant 

to existing law. 

Contracts. 

Notification. 


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EMBASSY CONSTRUCTION

SEC. 7004. (a) Of funds provided under title I of this Act, 

except as provided in subsection (b), a project to construct a diplomatic facility of the United States may not include office space 

or other accommodations for an employee of a Federal agency 

or department if the Secretary of State determines that such department or agency has not provided to the Department of State the 

full amount of funding required by subsection (e) of section 604 

of the Secure Embassy Construction and Counterterrorism Act of 

1999 (as enacted into law by section 1000(a)(7) of Public Law 

106-113 and contained in appendix G of that Act; 113 Stat. 1501A453), as amended by section 629 of the Departments of Commerce, 

Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2005. 

(b) Notwithstanding the prohibition in subsection (a), a project 

to construct a diplomatic facility of the United States may include 

office space or other accommodations for members of the United 

States Marine Corps. 

PERSONNEL ACTIONS

SEC. 7005. Any costs incurred by a department or agency funded 

under title I of this Act resulting from personnel actions taken 

in response to funding reductions included in this Act shall be 

absorbed within the total budgetary resources available under title 

I to such department or agency: Provided, That the authority to 

transfer funds between appropriations accounts as may be necessary 

to carry out this section is provided in addition to authorities 

included elsewhere in this Act: Provided further, That use of funds 

to carry out this section shall be treated as a reprogramming 

of funds under section 7015 of this Act and shall not be available 

for obligation or expenditure except in compliance with the procedures set forth in that section. 

CONSULAR AFFAIRS REFORM

SEC. 7006. Not later than 60 days after the enactment of 

this Act the Secretary of State shall certify and report to the 

Committees on Appropriations that the Department of State is 

implementing recommendations contained in the Office of Inspector 

General audit ‘‘Review of Controls and Notification for Access to 

Passport Records in the Department of State’s Passport Information 

Electronic Records System (PIERS)’’ (AUD/IP–08–29), July 2008. 

PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES

SEC. 7007. None of the funds appropriated or otherwise made 

available pursuant to titles III through VI of this Act shall be 

obligated or expended to finance directly any assistance or reparations for the governments of Cuba, North Korea, Iran, or Syria: 

Provided, That for purposes of this section, the prohibition on 

obligations or expenditures shall include direct loans, credits, insurance and guarantees of the Export-Import Bank or its agents. 

MILITARY COUPS

SEC. 7008. None of the funds appropriated or otherwise made 

available pursuant to titles III through VI of this Act shall be 

Deadline. 

Certification. 

Reports. 


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123 STAT. 862 PUBLIC LAW 111–8—MAR. 11, 2009 

obligated or expended to finance directly any assistance to the 

government of any country whose duly elected head of government 

is deposed by military coup or decree: Provided, That assistance 

may be resumed to such government if the President determines 

and certifies to the Committees on Appropriations that subsequent 

to the termination of assistance a democratically elected government 

has taken office: Provided further, That the provisions of this section 

shall not apply to assistance to promote democratic elections or 

public participation in democratic processes: Provided further, That 

funds made available pursuant to the previous provisos shall be 

subject to the regular notification procedures of the Committees 

on Appropriations. 

TRANSFER AUTHORITY

SEC. 7009. (a) DEPARTMENT OF STATE AND BROADCASTING

BOARD OF GOVERNORS.—Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department 

of State under title I of this Act may be transferred between 

such appropriations, but no such appropriation, except as otherwise 

specifically provided, shall be increased by more than 10 percent 

by any such transfers: Provided, That not to exceed 5 percent 

of any appropriation made available for the current fiscal year 

for the Broadcasting Board of Governors under title I of this Act 

may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased 

by more than 10 percent by any such transfers: Provided further, 

That any transfer pursuant to this section shall be treated as 

a reprogramming of funds under section 7015(a) and (b) of this 

Act and shall not be available for obligation or expenditure except 

in compliance with the procedures set forth in that section. 

(b) EXPORT FINANCING TRANSFER AUTHORITIES.—Not to exceed 

5 percent of any appropriation other than for administrative 

expenses made available for fiscal year 2009, for programs under 

title VI of this Act may be transferred between such appropriations 

for use for any of the purposes, programs, and activities for which 

the funds in such receiving account may be used, but no such 

appropriation, except as otherwise specifically provided, shall be 

increased by more than 25 percent by any such transfer: Provided, 

That the exercise of such authority shall be subject to the regular 

notification procedures of the Committees on Appropriations. 

(c)(1) LIMITATION ON TRANSFERS BETWEEN AGENCIES.—None 

of the funds made available under titles II through V of 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 Act or 

any other appropriation Act. 

(2) Notwithstanding paragraph (1), in addition to transfers 

made by, or authorized elsewhere in, this Act, funds appropriated 

by this Act to carry out the purposes of the Foreign Assistance 

Act of 1961 may be allocated or transferred to agencies of the 

United States Government pursuant to the provisions of sections 

109, 610, and 632 of the Foreign Assistance Act of 1961. 

(d) TRANSFERS BETWEEN ACCOUNTS.—None of the funds made 

available under titles II through V of this Act may be obligated 

under an appropriation account to which they were not appropriated, except for transfers specifically provided for in this Act, 

unless the President provides notification in accordance with the 

President. 

Notification. 

Notification. 

Notification. 

President. 

Determination. 

Certification. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 863 

regular notification procedures of the Committees on Appropriations. 

(e) AUDIT OF INTER-AGENCY TRANSFERS.—Any agreement for 

the transfer or allocation of funds appropriated by this Act, or 

prior Acts, entered into between the United States Agency for 

International Development and another agency of the United States 

Government under the authority of section 632(a) of the Foreign 

Assistance Act of 1961 or any comparable provision of law, shall 

expressly provide that the Office of the Inspector General for the 

agency receiving the transfer or allocation of such funds shall 

perform periodic program and financial audits of the use of such 

funds: Provided, That funds transferred under such authority may 

be made available for the cost of such audits. 

REPORTING REQUIREMENT

SEC. 7010. The Secretary of State shall provide the Committees 

on Appropriations, not later than April 1, 2009, and for each fiscal 

quarter, a report in writing on the uses of funds made available 

under the headings ‘‘Foreign Military Financing Program’’, ‘‘International Military Education and Training’’, and ‘‘Peacekeeping 

Operations’’: Provided, That such report shall include a description 

of the obligation and expenditure of funds, and the specific country 

in receipt of, and the use or purpose of the assistance provided 

by such funds. 

AVAILABILITY OF FUNDS

SEC. 7011. No part of any appropriation contained in this 

Act shall remain available for obligation after the expiration of 

the current fiscal year unless expressly so provided in this Act: 

Provided, That funds appropriated for the purposes of chapters 

1, 8, 11, and 12 of part I, section 661, section 667, chapters 4, 

5, 6, 8, and 9 of part II of the Foreign Assistance Act of 1961, 

section 23 of the Arms Export Control Act, and funds provided 

under the headings ‘‘Assistance for Europe, Eurasia and Central 

Asia’’ and ‘‘Development Credit Authority’’, shall remain available 

for an additional 4 years from the date on which the availability 

of such funds would otherwise have expired, if such funds are 

initially obligated before the expiration of their respective periods 

of availability contained in this Act: Provided further, That, notwithstanding any other provision of this Act, any funds made available 

for the purposes of chapter 1 of part I and chapter 4 of part 

II of the Foreign Assistance Act of 1961 which are allocated or 

obligated for cash disbursements in order to address balance of 

payments or economic policy reform objectives, shall remain available until expended. 

LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

SEC. 7012. No part of any appropriation provided under titles 

III through VI in this Act shall be used to furnish assistance 

to the government of any country which is in default during a 

period in excess of one calendar year in payment to the United 

States of principal or interest on any loan made to the government 

of such country by the United States pursuant to a program for 

which funds are appropriated under this Act unless the President 

President. 

Determination. 

Consultation. 


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123 STAT. 864 PUBLIC LAW 111–8—MAR. 11, 2009 

determines, following consultations with the Committees on Appropriations, that assistance to such country is in the national interest 

of the United States. 

PROHIBITION ON TAXATION OF UNITED STATES ASSISTANCE

SEC. 7013. (a) PROHIBITION ON TAXATION.—None of the funds 

appropriated under titles III through VI of this Act may be made 

available to provide assistance for a foreign country under a new 

bilateral agreement governing the terms and conditions under which 

such assistance is to be provided unless such agreement includes 

a provision stating that assistance provided by the United States 

shall be exempt from taxation, or reimbursed, by the foreign government, and the Secretary of State shall expeditiously seek to negotiate amendments to existing bilateral agreements, as necessary, 

to conform with this requirement. 

(b) REIMBURSEMENT OF FOREIGN TAXES.—An amount equivalent to 200 percent of the total taxes assessed during fiscal year 

2009 on funds appropriated by this Act by a foreign government 

or entity against commodities financed under United States assistance programs for which funds are appropriated by this Act, either 

directly or through grantees, contractors and subcontractors shall 

be withheld from obligation from funds appropriated for assistance 

for fiscal year 2010 and allocated for the central government of 

such country and for the West Bank and Gaza program to the 

extent that the Secretary of State certifies and reports in writing 

to the Committees on Appropriations that such taxes have not 

been reimbursed to the Government of the United States. 

(c) DE MINIMIS EXCEPTION.—Foreign taxes of a de minimis 

nature shall not be subject to the provisions of subsection (b). 

(d) REPROGRAMMING OF FUNDS.—Funds withheld from obligation for each country or entity pursuant to subsection (b) shall 

be reprogrammed for assistance to countries which do not assess 

taxes on United States assistance or which have an effective 

arrangement that is providing substantial reimbursement of such 

taxes. 

(e) DETERMINATIONS.— (1) The provisions of this section shall not apply to any 

country or entity the Secretary of State determines— 

(A) does not assess taxes on United States assistance 

or which has an effective arrangement that is providing 

substantial reimbursement of such taxes; or 

(B) the foreign policy interests of the United States 

outweigh the purpose of this section to ensure that United 

States assistance is not subject to taxation. 

(2) The Secretary of State shall consult with the Committees on Appropriations at least 15 days prior to exercising 

the authority of this subsection with regard to any country 

or entity. 

(f) IMPLEMENTATION.—The Secretary of State shall issue rules, 

regulations, or policy guidance, as appropriate, to implement the 

prohibition against the taxation of assistance contained in this 

section. 

(g) DEFINITIONS.—As used in this section— 

(1) the terms ‘‘taxes’’ and ‘‘taxation’’ refer to value added 

taxes and customs duties imposed on commodities financed 

with United States assistance for programs for which funds 

are appropriated by this Act; and 

Regulations. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 865 

(2) the term ‘‘bilateral agreement’’ refers to a framework 

bilateral agreement between the Government of the United 

States and the government of the country receiving assistance 

that describes the privileges and immunities applicable to 

United States foreign assistance for such country generally, 

or an individual agreement between the Government of the 

United States and such government that describes, among other 

things, the treatment for tax purposes that will be accorded 

the United States assistance provided under that agreement. 

RESERVATIONS OF FUNDS

SEC. 7014. (a) Funds appropriated under titles II through VI 

of this Act which are specifically designated may be reprogrammed 

for other programs within the same account notwithstanding the 

designation if compliance with the designation is made impossible 

by operation of any provision of this or any other Act: Provided, That any such reprogramming shall be subject to the regular 

notification procedures of the Committees on Appropriations: Provided further, That assistance that is reprogrammed pursuant to 

this subsection shall be made available under the same terms 

and conditions as originally provided. 

(b) In addition to the authority contained in subsection (a), 

the original period of availability of funds appropriated by this 

Act and administered by the United States Agency for International 

Development that are specifically designated for particular programs or activities by this or any other Act shall be extended 

for an additional fiscal year if the Administrator of such agency 

determines and reports promptly to the Committees on Appropriations that the termination of assistance to a country or a significant 

change in circumstances makes it unlikely that such designated 

funds can be obligated during the original period of availability: 

Provided, That such designated funds that continue to be available 

for an additional fiscal year shall be obligated only for the purpose 

of such designation. 

(c) Ceilings and specifically designated funding levels contained 

in this Act shall not be applicable to funds or authorities appropriated or otherwise made available by any subsequent Act unless 

such Act specifically so directs: Provided, That specifically designated funding levels or minimum funding requirements contained 

in any other Act shall not be applicable to funds appropriated 

by this Act. 

REPROGRAMMING NOTIFICATION REQUIREMENTS

SEC. 7015. (a) None of the funds made available in title I 

of this Act, or in prior appropriations Acts to the agencies and 

departments funded by this Act 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 of currency reflows or other offsetting collections, or 

made available by transfer, to the agencies and departments funded 

by this Act, shall be available for obligation or expenditure through 

a reprogramming of funds that: (1) creates new programs; (2) eliminates a program, project, or activity; (3) increases funds or personnel 

by any means for any project or activity for which funds have 

been denied or restricted; (4) relocates an office or employees; (5) 

closes or opens a mission or post; (6) reorganizes or renames offices; 

Deadlines. 

Determination. 

Reports. 

Notification. 


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123 STAT. 866 PUBLIC LAW 111–8—MAR. 11, 2009 

(7) reorganizes programs or activities; or (8) contracts out or 

privatizes any functions or activities presently performed by Federal 

employees; unless the Committees on Appropriations are notified 

15 days in advance of such reprogramming of funds. 

(b) For the purposes of providing the executive branch with 

the necessary administrative flexibility, none of the funds provided 

under title I of this Act, or provided under previous appropriations 

Acts to the agency or department funded under title I of this 

Act 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 

agency or department funded by title I of this Act, shall be available 

for obligation or expenditure for activities, programs, or projects 

through a reprogramming of funds in excess of $750,000 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 Congress; or (3) results from any general 

savings, including savings from a reduction in personnel, which 

would result in a change in existing programs, activities, or projects 

as approved by Congress; unless the Committees on Appropriations 

are notified 15 days in advance of such reprogramming of funds. 

(c) For the purposes of providing the executive branch with 

the necessary administrative flexibility, none of the funds made 

available under titles II through V in this Act under the headings 

‘‘Global Health and Child Survival’’, ‘‘Development Assistance’’, 

‘‘International Organizations and Programs’’, ‘‘Trade and Development Agency’’, ‘‘International Narcotics Control and Law Enforcement’’, ‘‘Andean Counterdrug Programs’’, ‘‘Assistance for Europe, 

Eurasia and Central Asia’’, ‘‘Economic Support Fund’’, ‘‘Democracy 

Fund’’, ‘‘Peacekeeping Operations’’, ‘‘Capital Investment Fund’’, 

‘‘Operating Expenses’’, ‘‘Office of Inspector General’’, ‘‘Nonproliferation, Anti-terrorism, Demining and Related Programs’’, ‘‘Millennium 

Challenge Corporation’’, ‘‘Foreign Military Financing Program’’, 

‘‘International Military Education and Training’’, ‘‘Peace Corps’’, 

and ‘‘Migration and Refugee Assistance’’, shall be available for 

obligation for activities, programs, projects, type of materiel assistance, countries, or other operations not justified or in excess of 

the amount justified to the Committees on Appropriations for obligation under any of these specific headings unless the Committees 

on Appropriations are previously notified 15 days in advance: Provided, That the President shall not enter into any commitment 

of funds appropriated for the purposes of section 23 of the Arms 

Export Control Act for the provision of major defense equipment, 

other than conventional ammunition, or other major defense items 

defined to be aircraft, ships, missiles, or combat vehicles, not previously justified to Congress or 20 percent in excess of the quantities 

justified to Congress unless the Committees on Appropriations are 

notified 15 days in advance of such commitment: Provided further, 

That this subsection shall not apply to any reprogramming for 

an activity, program, or project for which funds are appropriated 

under titles II through IV of this Act of less than 10 percent 

of the amount previously justified to the Congress for obligation 

for such activity, program, or project for the current fiscal year. 

(d) Notwithstanding any other provision of law, funds transferred by the Department of Defense to the Department of State 

and the United States Agency for International Development, and 

Audits. 

President. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 867 

funds made available for programs authorized by section 1206 of 

the National Defense Authorization Act for Fiscal Year 2006 (Public 

Law 109–163), shall be subject to the regular notification procedures 

of the Committees on Appropriations, and the agency receiving 

the transfer or allocation shall perform periodic program financial 

audits of the use of such funds and such funds may be made 

available for the cost of such audits. 

(e) The requirements of this section or any similar provision 

of this Act or any other Act, including any prior Act requiring 

notification in accordance with the regular notification procedures 

of the Committees on Appropriations, may be waived if failure 

to do so would pose a substantial risk to human health or welfare: 

Provided, That in case of any such waiver, notification to the 

Congress, or the appropriate congressional committees, shall be 

provided as early as practicable, but in no event later than 3 

days after taking the action to which such notification requirement 

was applicable, in the context of the circumstances necessitating 

such waiver: Provided further, That any notification provided pursuant to such a waiver shall contain an explanation of the emergency 

circumstances. 

(f) None of the funds appropriated under titles III through 

VI of this Act shall be obligated or expended for assistance for 

Serbia, Sudan, Zimbabwe, Pakistan, Dominican Republic, Cuba, 

Iran, Haiti, Libya, Ethiopia, Nepal, Mexico, or Cambodia and countries listed in section 7045(f)(4) of this Act except as provided 

through the regular notification procedures of the Committees on 

Appropriations. 

NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

SEC. 7016. Prior to providing excess Department of Defense 

articles in accordance with section 516(a) of the Foreign Assistance 

Act of 1961, the Department of Defense shall notify the Committees 

on Appropriations to the same extent and under the same conditions 

as other committees pursuant to subsection (f) of that section: 

Provided, That before issuing a letter of offer to sell excess defense 

articles under the Arms Export Control Act, the Department of 

Defense shall notify the Committees on Appropriations in accordance with the regular notification procedures of such Committees 

if such defense articles are significant military equipment (as 

defined in section 47(9) of the Arms Export Control Act) or are 

valued (in terms of original acquisition cost) at $7,000,000 or more, 

or if notification is required elsewhere in this Act for the use 

of appropriated funds for specific countries that would receive such 

excess defense articles: Provided further, That such Committees 

shall also be informed of the original acquisition cost of such defense 

articles. 

LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL

ORGANIZATIONS AND PROGRAMS

SEC. 7017. Subject to the regular notification procedures of 

the Committees on Appropriations, funds appropriated under titles 

III through VI of this Act or any previously enacted Act making 

appropriations for the Department of State, foreign operations, and 

related programs, which are returned or not made available for 

Notification. 

Foreign 

countries. 

Explanation. 

Waiver authority. 


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123 STAT. 868 PUBLIC LAW 111–8—MAR. 11, 2009 

organizations and programs because of the implementation of section 307(a) of the Foreign Assistance Act of 1961, shall remain 

available for obligation until September 30, 2010. 

PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY

STERILIZATION

SEC. 7018. None of the funds made available to carry out 

part I of the Foreign Assistance Act of 1961, as amended, may 

be used to pay for the performance of abortions as a method of 

family planning or to motivate or coerce any person to practice 

abortions. None of the funds made available to carry out part 

I of the Foreign Assistance Act of 1961, as amended, may be 

used to pay for the performance of involuntary sterilization as 

a method of family planning or to coerce or provide any financial 

incentive to any person to undergo sterilizations. None of the funds 

made available to carry out part I of the Foreign Assistance Act 

of 1961, as amended, may be used to pay for any biomedical research 

which relates in whole or in part, to methods of, or the performance 

of, abortions or involuntary sterilization as a means of family planning. None of the funds made available to carry out part I of 

the Foreign Assistance Act of 1961, as amended, may be obligated 

or expended for any country or organization if the President certifies 

that the use of these funds by any such country or organization 

would violate any of the above provisions related to abortions and 

involuntary sterilizations. 

ALLOCATIONS

SEC. 7019. (a) Funds provided in this Act for the following 

accounts shall be made available for programs and countries in 

the amounts contained in the respective tables included in the 

explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): 

‘‘Educational and Cultural Exchange Programs’’. 

‘‘International Fisheries Commissions’’. 

‘‘International Broadcasting Operations’’. 

‘‘Global Health and Child Survival’’. 

‘‘Development Assistance’’. 

‘‘Economic Support Fund’’. 

‘‘Assistance for Europe, Eurasia and Central Asia’’. 

‘‘Andean Counterdrug Programs’’. 

‘‘Nonproliferation, Anti-terrorism, Demining and Related 

Programs’’. 

‘‘Foreign Military Financing Program’’. 

‘‘International Organizations and Programs’’. 

(b) For the purposes of implementing this section and only 

with respect to the tables included in the explanatory statement 

described in section 4 (in the matter preceding division A of this 

consolidated Act), the Secretary of State, Administrator of the 

United States Agency for International Development and the Broadcasting Board of Governors, as appropriate, may propose deviations 

to the amounts referenced in subsection (a), subject to the regular 

notification procedures of the Committees on Appropriations and 

section 634A of the Foreign Assistance Act of 1961. 

(c) The requirements contained in subsection (a) shall apply 

to the table under the headings ‘‘Bilateral Economic Assistance’’ 

and ‘‘General Provisions’’ in such explanatory statement. 

Notification. 

President. 

Certification. 


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PROHIBITION OF PAYMENT OF CERTAIN EXPENSES

SEC. 7020. None of the funds appropriated or otherwise made 

available by this Act under the headings ‘‘International Military 

Education and Training’’ or ‘‘Foreign Military Financing Program’’ 

for Informational Program activities or under the headings ‘‘Global 

Health and Child Survival’’, ‘‘Development Assistance’’, and ‘‘Economic Support Fund’’ may be obligated or expended to pay for— 

(1) alcoholic beverages; or 

(2) entertainment expenses for activities that are substantially of a recreational character, including but not limited 

to entrance fees at sporting events, theatrical and musical 

productions, and amusement parks. 

PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS THAT EXPORT LETHAL MILITARY EQUIPMENT TO COUNTRIES SUPPORTING

INTERNATIONAL TERRORISM

SEC. 7021. (a) None of the funds appropriated or otherwise 

made available by titles III through VI of this Act may be available 

to any foreign government which provides lethal military equipment 

to a country the government of which the Secretary of State has 

determined is a government that supports international terrorism 

for purposes of section 6(j) of the Export Administration Act of 

1979. The prohibition under this section with respect to a foreign 

government shall terminate 12 months after that government ceases 

to provide such military equipment. This section applies with 

respect to lethal military equipment provided under a contract 

entered into after October 1, 1997. 

(b) Assistance restricted by subsection (a) or any other similar 

provision of law, may be furnished if the President determines 

that furnishing such assistance is important to the national 

interests of the United States. 

(c) Whenever the President makes a determination pursuant 

to subsection (b), the President shall submit to the appropriate 

congressional committees a report with respect to the furnishing 

of such assistance. Any such report shall include a detailed explanation of the assistance to be provided, including the estimated 

dollar amount of such assistance, and an explanation of how the 

assistance furthers United States national interests. 

PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES

SEC. 7022. (a) Funds appropriated for bilateral assistance under 

any heading in titles III through VI of this Act and funds appropriated under any such heading in a provision of law enacted 

prior to the enactment of this Act, shall not be made available 

to any country which the President determines— 

(1) grants sanctuary from prosecution to any individual 

or group which has committed an act of international terrorism; 

or 

(2) otherwise supports international terrorism. 

(b) The President may waive the application of subsection (a) 

to a country if the President determines that national security 

or humanitarian reasons justify such waiver. The President shall 

publish each waiver in the Federal Register and, at least 15 days 

before the waiver takes effect, shall notify the Committees on Appropriations of the waiver (including the justification for the waiver) 

Waiver authority. 

Determination. 

Federal Register, 

publication. 

Deadline. 

Notification. 

President. 

Determination. 

Reports. 

Determination. 

Applicability. 

Termination 

date. 

President. 


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in accordance with the regular notification procedures of the 

Committees on Appropriations. 

AUTHORIZATION REQUIREMENTS

SEC. 7023. Funds appropriated by this Act, except funds appropriated under the heading ‘‘Trade and Development Agency’’, may 

be obligated and expended notwithstanding section 10 of Public 

Law 91-672, section 15 of the State Department Basic Authorities 

Act of 1956, section 313 of the Foreign Relations Authorization 

Act, Fiscal Years 1994 and 1995 (Public Law 103-236), and section 

504(a)(1) of the National Security Act of 1947 (50 U.S.C. 414(a)(1)). 

DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

SEC. 7024. For the purpose of titles II through VI of this 

Act ‘‘program, project, and activity’’ shall be defined at the appropriations Act account level and shall include all appropriations 

and authorizations Acts funding directives, ceilings, and limitations 

with the exception that for the following accounts: ‘‘Economic Support Fund’’ and ‘‘Foreign Military Financing Program’’, ‘‘program, 

project, and activity’’ shall also be considered to include country, 

regional, and central program level funding within each such 

account; for the development assistance accounts of the United 

States Agency for International Development ‘‘program, project, 

and activity’’ shall also be considered to include central, country, 

regional, and program level funding, either as: (1) justified to the 

Congress; or (2) allocated by the executive branch in accordance 

with a report, to be provided to the Committees on Appropriations 

within 30 days of the enactment of this Act, as required by section 

653(a) of the Foreign Assistance Act of 1961. 

AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN FOUNDATION

AND AFRICAN DEVELOPMENT FOUNDATION

SEC. 7025. Unless expressly provided to the contrary, provisions 

of this or any other Act, including provisions contained in prior 

Acts authorizing or making appropriations for the Department of 

State, foreign operations, and related programs, shall not be construed to prohibit activities authorized by or conducted under the 

Peace Corps Act, the Inter-American Foundation Act or the African 

Development Foundation Act. The agency shall promptly report 

to the Committees on Appropriations whenever it is conducting 

activities or is proposing to conduct activities in a country for 

which assistance is prohibited. 

COMMERCE, TRADE AND SURPLUS COMMODITIES

SEC. 7026. (a) None of the funds appropriated or made available 

pursuant to titles III through VI of this Act for direct assistance 

and none of the funds otherwise made available to the ExportImport Bank and the Overseas Private Investment Corporation 

shall be obligated or expended to finance any loan, any assistance 

or any other financial commitments for establishing or expanding 

production of any commodity for export by any country other than 

the United States, if the commodity is likely to be in surplus 

on world markets at the time the resulting productive capacity 

is expected to become operative and if the assistance will cause 

Reports. 

Reports. 

Deadline. 


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substantial injury to United States producers of the same, similar, 

or competing commodity: Provided, That such prohibition shall not 

apply to the Export-Import Bank if in the judgment of its Board 

of Directors the benefits to industry and employment in the United 

States are likely to outweigh the injury to United States producers 

of the same, similar, or competing commodity, and the Chairman 

of the Board so notifies the Committees on Appropriations. 

(b) None of the funds appropriated by this or any other Act 

to carry out chapter 1 of part I of the Foreign Assistance Act 

of 1961 shall be available for any testing or breeding feasibility 

study, variety improvement or introduction, consultancy, publication, conference, or training in connection with the growth or 

production in a foreign country of an agricultural commodity for 

export which would compete with a similar commodity grown or 

produced in the United States: Provided, That this subsection shall 

not prohibit— 

(1) activities designed to increase food security in developing countries where such activities will not have a significant 

impact on the export of agricultural commodities of the United 

States; or 

(2) research activities intended primarily to benefit American producers. 

(c) The Secretary of the Treasury shall instruct the United 

States Executive Directors of the International Bank for Reconstruction and Development, the International Development Association, 

the International Finance Corporation, the Inter-American Development Bank, the International Monetary Fund, the Asian Development Bank, the Inter-American Investment Corporation, the North 

American Development Bank, the European Bank for Reconstruction and Development, the African Development Bank, and the 

African Development Fund to use the voice and vote of the United 

States to oppose any assistance by these institutions, using funds 

appropriated or made available pursuant to titles III through VI 

of this Act, for the production or extraction of any commodity 

or mineral for export, if it is in surplus on world markets and 

if the assistance will cause substantial injury to United States 

producers of the same, similar, or competing commodity. 

SEPARATE ACCOUNTS

SEC. 7027. (a) SEPARATE ACCOUNTS FOR LOCAL CURRENCIES.— 

(1) If assistance is furnished to the government of a foreign 

country under chapters 1 and 10 of part I or chapter 4 of 

part II of the Foreign Assistance Act of 1961 under agreements 

which result in the generation of local currencies of that 

country, the Administrator of the United States Agency for 

International Development shall— 

(A) require that local currencies be deposited in a 

separate account established by that government; 

(B) enter into an agreement with that government 

which sets forth— 

(i) the amount of the local currencies to be generated; and 

(ii) the terms and conditions under which the currencies so deposited may be utilized, consistent with 

this section; and 

22 USC 2362 

note. 

22 USC 262h 

note. 


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(C) establish by agreement with that government the 

responsibilities of the United States Agency for International Development and that government to monitor and 

account for deposits into and disbursements from the separate account. 

(2) USES OF LOCAL CURRENCIES.—As may be agreed upon 

with the foreign government, local currencies deposited in a 

separate account pursuant to subsection (a), or an equivalent 

amount of local currencies, shall be used only— 

(A) to carry out chapter 1 or 10 of part I or chapter 

4 of part II (as the case may be), for such purposes as— 

(i) project and sector assistance activities; or 

(ii) debt and deficit financing; or 

(B) for the administrative requirements of the United 

States Government. 

(3) PROGRAMMING ACCOUNTABILITY.—The United States 

Agency for International Development shall take all necessary 

steps to ensure that the equivalent of the local currencies 

disbursed pursuant to subsection (a)(2)(A) from the separate 

account established pursuant to subsection (a)(1) are used for 

the purposes agreed upon pursuant to subsection (a)(2). 

(4) TERMINATION OF ASSISTANCE PROGRAMS.—Upon termination of assistance to a country under chapter 1 or 10 of 

part I or chapter 4 of part II (as the case may be), any 

unencumbered balances of funds which remain in a separate 

account established pursuant to subsection (a) shall be disposed 

of for such purposes as may be agreed to by the government 

of that country and the United States Government. 

(5) REPORTING REQUIREMENT.—The Administrator of the 

United States Agency for International Development shall 

report on an annual basis as part of the justification documents 

submitted to the Committees on Appropriations on the use 

of local currencies for the administrative requirements of the 

United States Government as authorized in subsection (a)(2)(B), 

and such report shall include the amount of local currency 

(and United States dollar equivalent) used and/or to be used 

for such purpose in each applicable country. 

(b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.— 

(1) If assistance is made available to the government of 

a foreign country, under chapter 1 or 10 of part I or chapter 

4 of part II of the Foreign Assistance Act of 1961, as cash 

transfer assistance or as nonproject sector assistance, that 

country shall be required to maintain such funds in a separate 

account and not commingle them with any other funds. 

(2) APPLICABILITY OF OTHER PROVISIONS OF LAW.—Such 

funds may be obligated and expended notwithstanding provisions of law which are inconsistent with the nature of this 

assistance including provisions which are referenced in the 

Joint Explanatory Statement of the Committee of Conference 

accompanying House Joint Resolution 648 (House Report No. 

98–1159). 

(3) NOTIFICATION.—At least 15 days prior to obligating 

any such cash transfer or nonproject sector assistance, the 

President shall submit a notification through the regular 

notification procedures of the Committees on Appropriations, 

which shall include a detailed description of how the funds 

proposed to be made available will be used, with a discussion 

Deadline. 

President. 


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of the United States interests that will be served by the assistance (including, as appropriate, a description of the economic 

policy reforms that will be promoted by such assistance). 

(4) EXEMPTION.—Nonproject sector assistance funds may 

be exempt from the requirements of subsection (b)(1) only 

through the notification procedures of the Committees on 

Appropriations. 

ELIGIBILITY FOR ASSISTANCE

SEC. 7028. (a) ASSISTANCE THROUGH NONGOVERNMENTAL

ORGANIZATIONS.—Restrictions contained in this or any other Act 

with respect to assistance for a country shall not be construed 

to restrict assistance in support of programs of nongovernmental 

organizations from funds appropriated by this Act to carry out 

the provisions of chapters 1, 10, 11, and 12 of part I and chapter 

4 of part II of the Foreign Assistance Act of 1961, and from funds 

appropriated under the heading ‘‘Assistance for Europe, Eurasia 

and Central Asia’’: Provided, That before using the authority of 

this subsection to furnish assistance in support of programs of 

nongovernmental organizations, the President shall notify the 

Committees on Appropriations under the regular notification procedures of those committees, including a description of the program 

to be assisted, the assistance to be provided, and the reasons 

for furnishing such assistance: Provided further, That nothing in 

this subsection shall be construed to alter any existing statutory 

prohibitions against abortion or involuntary sterilizations contained 

in this or any other Act. 

(b) PUBLIC LAW 480.—During fiscal year 2009, restrictions contained in this or any other Act with respect to assistance for 

a country shall not be construed to restrict assistance under the 

Agricultural Trade Development and Assistance Act of 1954: Provided, That none of the funds appropriated to carry out title I 

of such Act and made available pursuant to this subsection may 

be obligated or expended except as provided through the regular 

notification procedures of the Committees on Appropriations. 

(c) EXCEPTION.—This section shall not apply— 

(1) with respect to section 620A of the Foreign Assistance 

Act of 1961 or any comparable provision of law prohibiting 

assistance to countries that support international terrorism; 

or 

(2) with respect to section 116 of the Foreign Assistance 

Act of 1961 or any comparable provision of law prohibiting 

assistance to the government of a country that violates internationally recognized human rights. 

IMPACT ON JOBS IN THE UNITED STATES

SEC. 7029. None of the funds appropriated under titles III 

through VI of this Act may be obligated or expended to provide— 

(1) any financial incentive to a business enterprise currently located in the United States for the purpose of inducing 

such an enterprise to relocate outside the United States if 

such incentive or inducement is likely to reduce the number 

of employees of such business enterprise in the United States 

because United States production is being replaced by such 

enterprise outside the United States; or 

Abortion. 

Sterilization. 

President. 

Notification. 


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(2) assistance for any program, project, or activity that 

contributes to the violation of internationally recognized 

workers rights, as defined in section 507(4) of the Trade Act 

of 1974, of workers in the recipient country, including any 

designated zone or area in that country: Provided, That the 

application of section 507(4)(D) and (E) of such Act should 

be commensurate with the level of development of the recipient 

country and sector, and shall not preclude assistance for the 

informal sector in such country, micro and small-scale enterprise, and smallholder agriculture. 

INTERNATIONAL FINANCIAL INSTITUTIONS

SEC. 7030. (a) None of the funds appropriated in title V of 

this Act may be made as payment to any international financial 

institution while the United States Executive Director to such 

institution is compensated by the institution at a rate which, 

together with whatever compensation such Director receives from 

the United States, is in excess of the rate provided for an individual 

occupying a position at level IV of the Executive Schedule under 

section 5315 of title 5, United States Code, or while any alternate 

United States Director to such institution is compensated by the 

institution at a rate in excess of the rate provided for an individual 

occupying a position at level V of the Executive Schedule under 

section 5316 of title 5, United States Code. 

(b) The Secretary of the Treasury shall instruct the United 

States Executive Director at each international financial institution 

to oppose any loan, grant, strategy or policy of these institutions 

that would require user fees or service charges on poor people 

for primary education or primary healthcare, including prevention, 

care and treatment for HIV/AIDS, malaria, tuberculosis, and infant, 

child, and maternal well-being, in connection with the institutions’ 

financing programs. 

(c) The Secretary of the Treasury shall instruct the United 

States Executive Director at the International Monetary Fund to 

use the voice and vote of the United States to oppose any loan, 

project, agreement, memorandum, instrument, or other program 

of the International Monetary Fund that would not exempt 

increased government spending on health care or education from 

national budget caps or restraints, hiring or wage bill ceilings 

or other limits imposed by the International Monetary Fund in 

Heavily Indebted Poor Countries. 

(d) For purposes of this section ‘‘international financial institutions’’ are the International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, the Asian Development Fund, the African Development 

Bank, the African Development Fund, the International Monetary 

Fund, the North American Development Bank, and the European 

Bank for Reconstruction and Development. 

DEBT-FOR-DEVELOPMENT

SEC. 7031. In order to enhance the continued participation 

of nongovernmental organizations in debt-for-development and debtfor-nature exchanges, a nongovernmental organization which is a 

grantee or contractor of the United States Agency for International 

Development may place in interest bearing accounts local currencies 

which accrue to that organization as a result of economic assistance 

Notification. 


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provided under title III of this Act and, subject to the regular 

notification procedures of the Committees on Appropriations, any 

interest earned on such investment shall be used for the purpose 

for which the assistance was provided to that organization. 

AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES

SEC. 7032. (a) LOANS ELIGIBLE FOR SALE, REDUCTION, OR CANCELLATION.— 

(1) AUTHORITY TO SELL, REDUCE, OR CANCEL CERTAIN

LOANS.—Notwithstanding any other provision of law, the President may, in accordance with this section, sell to any eligible 

purchaser any concessional loan or portion thereof made before 

January 1, 1995, pursuant to the Foreign Assistance Act of 

1961, to the government of any eligible country as defined 

in section 702(6) of that Act or on receipt of payment from 

an eligible purchaser, reduce or cancel such loan or portion 

thereof, only for the purpose of facilitating— 

(A) debt-for-equity swaps, debt-for-development swaps, 

or debt-for-nature swaps; or 

(B) a debt buyback by an eligible country of its own 

qualified debt, only if the eligible country uses an additional 

amount of the local currency of the eligible country, equal 

to not less than 40 percent of the price paid for such 

debt by such eligible country, or the difference between 

the price paid for such debt and the face value of such 

debt, to support activities that link conservation and 

sustainable use of natural resources with local community 

development, and child survival and other child development, in a manner consistent with sections 707 through 

710 of the Foreign Assistance Act of 1961, if the sale, 

reduction, or cancellation would not contravene any term 

or condition of any prior agreement relating to such loan. 

(2) TERMS AND CONDITIONS.—Notwithstanding any other 

provision of law, the President shall, in accordance with this 

section, establish the terms and conditions under which loans 

may be sold, reduced, or canceled pursuant to this section. 

(3) ADMINISTRATION.—The Facility, as defined in section 

702(8) of the Foreign Assistance Act of 1961, shall notify the 

administrator of the agency primarily responsible for administering part I of the Foreign Assistance Act of 1961 of purchasers that the President has determined to be eligible, and 

shall direct such agency to carry out the sale, reduction, or 

cancellation of a loan pursuant to this section. Such agency 

shall make adjustment in its accounts to reflect the sale, reduction, or cancellation. 

(4) LIMITATION.—The authorities of this subsection shall 

be available only to the extent that appropriations for the 

cost of the modification, as defined in section 502 of the 

Congressional Budget Act of 1974, are made in advance. 

(b) DEPOSIT OF PROCEEDS.—The proceeds from the sale, reduction, or cancellation of any loan sold, reduced, or canceled pursuant 

to this section shall be deposited in the United States Government 

account or accounts established for the repayment of such loan. 

(c) ELIGIBLE PURCHASERS.—A loan may be sold pursuant to 

subsection (a)(1)(A) only to a purchaser who presents plans satisfactory to the President for using the loan for the purpose of engaging 

Notification. 

President. 


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in debt-for-equity swaps, debt-for-development swaps, or debt-fornature swaps. 

(d) DEBTOR CONSULTATIONS.—Before the sale to any eligible 

purchaser, or any reduction or cancellation pursuant to this section, 

of any loan made to an eligible country, the President should 

consult with the country concerning the amount of loans to be 

sold, reduced, or canceled and their uses for debt-for-equity swaps, 

debt-for-development swaps, or debt-for-nature swaps. 

(e) AVAILABILITY OF FUNDS.—The authority provided by subsection (a) may be used only with regard to funds appropriated 

by this Act under the heading ‘‘Debt Restructuring’’. 

SPECIAL DEBT RELIEF FOR THE POOREST

SEC. 7033. (a) AUTHORITY TO REDUCE DEBT.—The President 

may reduce amounts owed to the United States (or any agency 

of the United States) by an eligible country as a result of— 

(1) guarantees issued under sections 221 and 222 of the 

Foreign Assistance Act of 1961; 

(2) credits extended or guarantees issued under the Arms 

Export Control Act; or 

(3) any obligation or portion of such obligation, to pay 

for purchases of United States agricultural commodities guaranteed by the Commodity Credit Corporation under export credit 

guarantee programs authorized pursuant to section 5(f) of the 

Commodity Credit Corporation Charter Act of June 29, 1948, 

as amended, section 4(b) of the Food for Peace Act of 1966, 

as amended (Public Law 89–808), or section 202 of the Agricultural Trade Act of 1978, as amended (Public Law 95–501). 

(b) LIMITATIONS.— 

(1) The authority provided by subsection (a) may be exercised only to implement multilateral official debt relief and 

referendum agreements, commonly referred to as ‘‘Paris Club 

Agreed Minutes’’. 

(2) The authority provided by subsection (a) may be exercised only in such amounts or to such extent as is provided 

in advance by appropriations Acts. 

(3) The authority provided by subsection (a) may be exercised only with respect to countries with heavy debt burdens 

that are eligible to borrow from the International Development 

Association, but not from the International Bank for 

Reconstruction and Development, commonly referred to as 

‘‘IDA-only’’ countries. 

(c) CONDITIONS.—The authority provided by subsection (a) may 

be exercised only with respect to a country whose government— 

(1) does not have an excessive level of military expenditures; 

(2) has not repeatedly provided support for acts of international terrorism; 

(3) is not failing to cooperate on international narcotics 

control matters; 

(4) (including its military or other security forces) does 

not engage in a consistent pattern of gross violations of internationally recognized human rights; and 

(5) is not ineligible for assistance because of the application 

of section 527 of the Foreign Relations Authorization Act, Fiscal 

Years 1994 and 1995. 


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(d) AVAILABILITY OF FUNDS.—The authority provided by subsection (a) may be used only with regard to the funds appropriated 

by this Act under the heading ‘‘Debt Restructuring’’. 

(e) CERTAIN PROHIBITIONS INAPPLICABLE.—A reduction of debt 

pursuant to subsection (a) shall not be considered assistance for 

the purposes of any provision of law limiting assistance to a country. 

The authority provided by subsection (a) may be exercised notwithstanding section 620(r) of the Foreign Assistance Act of 1961 or 

section 321 of the International Development and Food Assistance 

Act of 1975. 

SPECIAL AUTHORITIES

SEC. 7034. (a) AFGHANISTAN, IRAQ, PAKISTAN, LEBANON, MON- TENEGRO, VICTIMS OF WAR, DISPLACED CHILDREN, AND DISPLACED

BURMESE.—Funds appropriated under titles III through VI of this 

Act that are made available for assistance for Afghanistan may 

be made available notwithstanding section 7012 of this Act or 

any similar provision of law and section 660 of the Foreign Assistance Act of 1961, and funds appropriated in titles III and VI 

of this Act that are made available for Iraq, Lebanon, Montenegro, 

Pakistan, and for victims of war, displaced children, and displaced 

Burmese, and to assist victims of trafficking in persons and, subject 

to the regular notification procedures of the Committees on Appropriations, to combat such trafficking, may be made available notwithstanding any other provision of law. 

(b)(1) WAIVER.—The President may waive the provisions of 

section 1003 of Public Law 100–204 if the President determines 

and certifies in writing to the Speaker of the House of Representatives and the President pro tempore of the Senate that it is important to the national security interests of the United States. 

(2) PERIOD OF APPLICATION OF WAIVER.—Any waiver pursuant 

to paragraph (1) shall be effective for no more than a period of 

6 months at a time and shall not apply beyond 12 months after 

the enactment of this Act. 

(c) SMALL BUSINESS.—In entering into multiple award indefinite-quantity contracts with funds appropriated by this Act, the 

United States Agency for International Development may provide 

an exception to the fair opportunity process for placing task orders 

under such contracts when the order is placed with any category 

of small or small disadvantaged business. 

(d) VIETNAMESE REFUGEES.—Section 594(a) of the Foreign 

Operations, Export Financing, and Related Programs Appropriations Act, 2005 (enacted as division D of Public Law 108–447; 

118 Stat. 3038) is amended by striking ‘‘2009’’ and inserting ‘‘2010’’. 

(e) RECONSTITUTING CIVILIAN POLICE AUTHORITY.—In providing 

assistance with funds appropriated by this Act under section 

660(b)(6) of the Foreign Assistance Act of 1961, support for a 

nation emerging from instability may be deemed to mean support 

for regional, district, municipal, or other sub-national entity 

emerging from instability, as well as a nation emerging from instability. 

(f) INTERNATIONAL PRISON CONDITIONS.—Funds appropriated 

by this Act to carry out the provisions of chapters 1 and 11 of 

part I and chapter 4 of part II of the Foreign Assistance Act 

of 1961, and the Support for East European Democracy (SEED) 

Act of 1989, shall be made available for assistance to address 

inhumane conditions in prisons and other detention facilities 

President. 

Determination. 

Certification. 

Notification. 


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administered by foreign governments that the Secretary of State 

determines are making efforts to address, among other things, 

prisoners’ health, sanitation, nutrition and other basic needs: Provided, That the Secretary of State shall designate a Deputy Assistant Secretary of State in the Bureau of Democracy, Human Rights 

and Labor to have primary responsibility for diplomatic efforts 

related to international prison conditions. 

(g) EXTENSION OF AUTHORITY.—The Foreign Operations, Export 

Financing, and Related Programs Appropriations Act, 1990 (Public 

Law 101–167) is amended— 

(1) in section 599D (8 U.S.C. 1157 note)— 

(A) in subsection (b)(3), by striking ‘‘and 2008’’ and 

inserting ‘‘2008, and 2009’’; and 

(B) in subsection (e), by striking ‘‘2008’’ each place 

it appears and inserting ‘‘2009’’; and 

(2) in section 599E (8 U.S.C. 1255 note) in subsection 

(b)(2), by striking ‘‘2008’’ and inserting ‘‘2009’’. 

(h) WORLD FOOD PROGRAM.—Of the funds managed by the 

Bureau for Democracy, Conflict, and Humanitarian Assistance of 

the United States Agency for International Development, from this 

or any other Act, not less than $10,000,000 shall be made available 

as a general contribution to the World Food Program, notwithstanding any other provision of law. 

(i) LIBRARY OF CONGRESS.—Notwithstanding any other provision of law, of the funds appropriated under the heading ‘‘Embassy 

Security, Construction, and Maintenance’’, not less than $2,000,000 

shall be made available for the Capital Security Cost-Sharing fees 

of the Library of Congress. 

(j) DISARMAMENT, DEMOBILIZATION AND REINTEGRATION.—Notwithstanding any other provision of law, regulation or Executive 

order, funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and 

related programs under the headings ‘‘Economic Support Fund’’, 

‘‘Peacekeeping Operations’’, ‘‘International Disaster Assistance’’, and 

‘‘Transition Initiatives’’ should be made available to support programs to disarm, demobilize, and reintegrate into civilian society 

former members of foreign terrorist organizations: Provided, That 

the Secretary of State shall consult with the Committees on Appropriations prior to the obligation of funds pursuant to this subsection: 

Provided further, That for the purposes of this subsection the term 

‘‘foreign terrorist organization’’ means an organization designated 

as a terrorist organization under section 219 of the Immigration 

and Nationality Act. 

(k) NONGOVERNMENTAL ORGANIZATIONS.—With respect to the 

provision of assistance for democracy, human rights and governance 

activities, the organizations implementing such assistance and the 

specific nature of that assistance shall not be subject to the prior 

approval by the government of any foreign country. 

(l) PROGRAM FOR RESEARCH AND TRAINING ON EASTERN EUROPE

AND THE INDEPENDENT STATES OF THE FORMER SOVIET UNION.— 

Of the funds appropriated by this Act under the heading, ‘‘Economic 

Support Fund’’, not less than $5,000,000 shall be made available 

to carry out the Program for Research and Training on Eastern 

Europe and the Independent States of the Former Soviet Union 

(title VIII) as authorized by the Soviet-Eastern European Research 

and Training Act of 1983 (22 U.S.C. 4501-4508, as amended). 

Definition. 

Consultation. 

Designation. 


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(m) AUTHORITY.—Funds appropriated or otherwise made available by title III of the Department of State, Foreign Operations, 

and Related Programs Appropriations Act, 2008 (division J of Public 

Law 110–161) under the heading ‘‘Economic Support Fund’’ that 

are available for a competitively awarded grant for nuclear security 

initiatives relating to North Korea shall be made available notwithstanding any other provision of law. 

(n) MIDDLE EAST FOUNDATION.—Funds appropriated by this 

Act and prior Acts for a Middle East Foundation shall be subject 

to the regular notification procedures of the Committees on Appropriations. 

(o) GLOBAL FOOD SECURITY.—Notwithstanding any other provision of law, to include minimum funding requirements or funding 

directives, funds made available under the headings ‘‘Development 

Assistance’’ and ‘‘Economic Support Fund’’ in this Act and prior 

Acts making appropriations for the Department of State, foreign 

operations, and related programs may be made available to address 

critical food shortages, subject to prior consultation with, and the 

regular notification procedures of, the Committees on Appropriations. 

ARAB LEAGUE BOYCOTT OF ISRAEL

SEC. 7035. It is the sense of the Congress that— 

(1) the Arab League boycott of Israel, and the secondary 

boycott of American firms that have commercial ties with Israel, 

is an impediment to peace in the region and to United States 

investment and trade in the Middle East and North Africa; 

(2) the Arab League boycott, which was regrettably 

reinstated in 1997, should be immediately and publicly terminated, and the Central Office for the Boycott of Israel immediately disbanded; 

(3) all Arab League states should normalize relations with 

their neighbor Israel; 

(4) the President and the Secretary of State should continue 

to vigorously oppose the Arab League boycott of Israel and 

find concrete steps to demonstrate that opposition by, for 

example, taking into consideration the participation of any 

recipient country in the boycott when determining to sell 

weapons to said country; and 

(5) the President should report to Congress annually on 

specific steps being taken by the United States to encourage 

Arab League states to normalize their relations with Israel 

to bring about the termination of the Arab League boycott 

of Israel, including those to encourage allies and trading partners of the United States to enact laws prohibiting businesses 

from complying with the boycott and penalizing businesses 

that do comply. 

PALESTINIAN STATEHOOD

SEC. 7036. (a) LIMITATION ON ASSISTANCE.—None of the funds 

appropriated under titles III through VI of this Act may be provided 

to support a Palestinian state unless the Secretary of State determines and certifies to the appropriate congressional committees 

that— 

(1) the governing entity of a new Palestinian state— 

Determination. 

Certification. 

Notification. 

Notification. 

Grants. 

Nuclear security. 

North Korea. 


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(A) has demonstrated a firm commitment to peaceful 

co-existence with the State of Israel; 

(B) is taking appropriate measures to counter terrorism 

and terrorist financing in the West Bank and Gaza, 

including the dismantling of terrorist infrastructures, and 

is cooperating with appropriate Israeli and other appropriate security organizations; and 

(2) the Palestinian Authority (or the governing entity of 

a new Palestinian state) is working with other countries in 

the region to vigorously pursue efforts to establish a just, 

lasting, and comprehensive peace in the Middle East that will 

enable Israel and an independent Palestinian state to exist 

within the context of full and normal relationships, which 

should include— 

(A) termination of all claims or states of belligerency; 

(B) respect for and acknowledgement of the sovereignty, territorial integrity, and political independence 

of every state in the area through measures including 

the establishment of demilitarized zones; 

(C) their right to live in peace within secure and recognized boundaries free from threats or acts of force; 

(D) freedom of navigation through international waterways in the area; and 

(E) a framework for achieving a just settlement of 

the refugee problem. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that 

the governing entity should enact a constitution assuring the rule 

of law, an independent judiciary, and respect for human rights 

for its citizens, and should enact other laws and regulations 

assuring transparent and accountable governance. 

(c) WAIVER.—The President may waive subsection (a) if he 

determines that it is important to the national security interests 

of the United States to do so. 

(d) EXEMPTION.—The restriction in subsection (a) shall not 

apply to assistance intended to help reform the Palestinian 

Authority and affiliated institutions, or the governing entity, in 

order to help meet the requirements of subsection (a), consistent 

with the provisions of section 7040 of this Act (‘‘Limitation on 

Assistance to the Palestinian Authority’’). 

RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY

SEC. 7037. None of the funds appropriated under titles II 

through VI of this Act may be obligated or expended to create 

in any part of Jerusalem a new office of any department or agency 

of the United States Government for the purpose of conducting 

official United States Government business with the Palestinian 

Authority over Gaza and Jericho or any successor Palestinian governing entity provided for in the Israel-PLO Declaration of Principles: Provided, That this restriction shall not apply to the acquisition of additional space for the existing Consulate General in Jerusalem: Provided further, That meetings between officers and 

employees of the United States and officials of the Palestinian 

Authority, or any successor Palestinian governing entity provided 

for in the Israel-PLO Declaration of Principles, for the purpose 

of conducting official United States Government business with such 

authority should continue to take place in locations other than 

Jerusalem. As has been true in the past, officers and employees 

President. 


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of the United States Government may continue to meet in Jerusalem on other subjects with Palestinians (including those who 

now occupy positions in the Palestinian Authority), have social 

contacts, and have incidental discussions. 

PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING

CORPORATION

SEC. 7038. None of the funds appropriated or otherwise made 

available by this Act may be used to provide equipment, technical 

support, consulting services, or any other form of assistance to 

the Palestinian Broadcasting Corporation. 

ASSISTANCE FOR THE WEST BANK AND GAZA

SEC. 7039. (a) OVERSIGHT.—For fiscal year 2009, 30 days prior 

to the initial obligation of funds for the bilateral West Bank and 

Gaza Program, the Secretary of State shall certify to the Committees on Appropriations that procedures have been established to 

assure the Comptroller General of the United States will have 

access to appropriate United States financial information in order 

to review the uses of United States assistance for the Program 

funded under the heading ‘‘Economic Support Fund’’ for the West 

Bank and Gaza. 

(b) VETTING.—Prior to the obligation of funds appropriated 

by this Act under the heading ‘‘Economic Support Fund’’ for assistance for the West Bank and Gaza, the Secretary of State shall 

take all appropriate steps to ensure that such assistance is not 

provided to or through any individual, private or government entity, 

or educational institution that the Secretary knows or has reason 

to believe advocates, plans, sponsors, engages in, or has engaged 

in, terrorist activity nor, with respect to private entities or educational institutions, those that have as a principal officer of the 

entity’s governing board or governing board of trustees any individual that has been determined to be involved in, or advocating 

terrorist activity or determined to be a member of a designated 

foreign terrorist organization. The Secretary of State shall, as appropriate, establish procedures specifying the steps to be taken in 

carrying out this subsection and shall terminate assistance to any 

individual, entity, or educational institution which she has determined to be involved in or advocating terrorist activity. 

(c) PROHIBITION.— 

(1) None of the funds appropriated under titles III through 

VI of this Act for assistance under the West Bank and Gaza 

Program may be made available for the purpose of recognizing 

or otherwise honoring individuals who commit, or have committed acts of terrorism. 

(2) Notwithstanding any other provision of law, none of 

the funds made available by this or prior appropriations act, 

including funds made available by transfer, may be made available for obligation for security assistance for the West Bank 

and Gaza until the Secretary of State reports to the Committees 

on Appropriations on the benchmarks that have been established for security assistance for the West Bank and Gaza 

and reports on the extent of Palestinian compliance with such 

benchmarks. 

(d) AUDITS.— 

Reports. 

Procedures. 

Terrorism. 

Deadline. 

Certification. 


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(1) The Administrator of the United States Agency for 

International Development shall ensure that Federal or nonFederal audits of all contractors and grantees, and significant 

subcontractors and sub-grantees, under the West Bank and 

Gaza Program, are conducted at least on an annual basis 

to ensure, among other things, compliance with this section. 

(2) Of the funds appropriated by this Act up to $500,000 

may be used by the Office of the Inspector General of the 

United States Agency for International Development for audits, 

inspections, and other activities in furtherance of the requirements of this subsection. Such funds are in addition to funds 

otherwise available for such purposes. 

(e) Subsequent to the certification specified in subsection (a), 

the Comptroller General of the United States shall conduct an 

audit and an investigation of the treatment, handling, and uses 

of all funds for the bilateral West Bank and Gaza Program, 

including all funds provided as cash transfer assistance, in fiscal 

year 2009 under the heading ‘‘Economic Support Fund’’. The audit 

shall address— 

(1) the extent to which such Program complies with the 

requirements of subsections (b) and (c), and 

(2) an examination of all programs, projects, and activities 

carried out under such Program, including both obligations 

and expenditures. 

(f) Funds made available in this Act for West Bank and Gaza 

shall be subject to the regular notification procedures of the 

Committees on Appropriations. 

(g) Not later than 180 days after enactment of this Act, the 

Secretary of State shall submit a report to the Committees on 

Appropriations updating the report contained in section 2106 of 

chapter 2 of title II of Public Law 109-13. 

LIMITATION ON ASSISTANCE FOR THE PALESTINIAN AUTHORITY

SEC. 7040. (a) PROHIBITION OF FUNDS.—None of the funds 

appropriated by this Act to carry out the provisions of chapter 

4 of part II of the Foreign Assistance Act of 1961 may be obligated 

or expended with respect to providing funds to the Palestinian 

Authority. 

(b) WAIVER.—The prohibition included in subsection (a) shall 

not apply if the President certifies in writing to the Speaker of 

the House of Representatives, the President pro tempore of the 

Senate, and the Committees on Appropriations that waiving such 

prohibition is important to the national security interests of the 

United States. 

(c) PERIOD OF APPLICATION OF WAIVER.—Any waiver pursuant 

to subsection (b) shall be effective for no more than a period of 

6 months at a time and shall not apply beyond 12 months after 

the enactment of this Act. 

(d) REPORT.—Whenever the waiver authority pursuant to subsection (b) is exercised, the President shall submit a report to 

the Committees on Appropriations detailing the justification for 

the waiver, the purposes for which the funds will be spent, and 

the accounting procedures in place to ensure that the funds are 

properly disbursed. The report shall also detail the steps the Palestinian Authority has taken to arrest terrorists, confiscate weapons 

and dismantle the terrorist infrastructure. 

Certification. 

President. 

Deadline. 

Reports. 

Notification. 

Audits. 

Investigation. 


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(e) CERTIFICATION.—If the President exercises the waiver 

authority under subsection (b), the Secretary of State must certify 

and report to the Committees on Appropriations prior to the obligation of funds that the Palestinian Authority has established a 

single treasury account for all Palestinian Authority financing and 

all financing mechanisms flow through this account, no parallel 

financing mechanisms exist outside of the Palestinian Authority 

treasury account, and there is a single comprehensive civil service 

roster and payroll. 

(f) PROHIBITION.— 

(1) None of the funds appropriated in titles III through 

VI of this Act may be obligated for salaries of personnel of 

the Palestinian Authority located in Gaza or may be obligated 

or expended for assistance to Hamas or any entity effectively 

controlled by Hamas or any power-sharing government of which 

Hamas is a member unless the President certifies in writing 

and reports to the Committees on Appropriations that Hamas 

has accepted and is complying with the principles contained 

in section 620K(b)(1)(A) and (B) of the Foreign Assistance Act 

of 1961, as amended. 

(2) None of the funds appropriated under titles III through 

VI of this Act may be obligated for assistance for the Palestine 

Liberation Organization. 

BROADCASTING TRANSPARENCY

SEC. 7041. (a) Of the funds appropriated in this Act under 

the heading ‘‘International Broadcasting Operations’’ for Middle 

East Broadcasting Networks, 10 percent of the funds shall not 

be available for obligation until the Broadcasting Board of Governors reports to the Committee on Appropriations on— 

(1) The results of the independent outside evaluation of 

Alhurra programming to examine its journalistic integrity and 

adherence to standards and principles of the United States 

International Broadcasting Act; and 

(2) Whether the directives in the explanatory statement 

accompanying the Department of State, Foreign Operations, 

and Related Programs Appropriations Act, 2008 (division J 

of Public Law 110–161) regarding Alhurra have been implemented and are operational. 

(b) The Office of the Inspector General of the Department 

of State and the Broadcasting Board of Governors shall monitor 

adherence to the standards of the Journalistic Code of Ethics of 

the Middle East Broadcasting Networks, as updated in May 2007. 

IRAQ

SEC. 7042. (a) ASSISTANCE.—None of the funds appropriated 

or otherwise made available by this Act may be made available 

for assistance for Iraq, except funds appropriated by this Act under 

the heading ‘‘Nonproliferation, Anti-terrorism, Demining and 

Related Programs’’ for the removal and disposal of landmines and 

other unexploded ordnance, small arms and light weapons in Iraq. 

(b) MATCHING REQUIREMENT.—The terms and conditions of section 1402(e)(1), (2), (3) and (4) of Public Law 110–252 shall apply 

to assistance for Iraq in fiscal year 2009. 

(c) TRANSITION PLAN.—Not later than 180 days after enactment 

of this Act, the Secretary of State, in consultation with relevant 

Deadline. 

Reports. 

Classified 

information. 

Applicability. 

Reports. 

Certification. 


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United States Government agencies, shall submit to the Committees 

on Appropriations a report, in classified form if necessary, that 

details the plans, costs and timelines associated with the transition 

of programs and activities funded under titles III through VI of 

this Act and prior Acts making appropriations for the Department 

of State, foreign operations, and related programs to the Government of Iraq. 

(d) BASE RIGHTS.—None of the funds made available in this 

Act may be used by the Government of the United States to enter 

into a permanent basing rights agreement between the United 

States and Iraq. 

REPORT ON IRAN SANCTIONS

SEC. 7043. Not later than 180 days after enactment of this 

Act, the Secretary of State shall submit a report to the Committees 

on Appropriations on the status of multilateral and bilateral United 

States sanctions against Iran and actions taken by the United 

States and the international community to enforce sanctions against 

Iran. The report, which may be submitted in classified form if 

necessary, shall include the following: 

(1) A list of all current United States bilateral and multilateral sanctions against Iran; 

(2) A list of all United States and foreign registered entities 

which the Secretary of State has reason to believe may be 

in violation of existing United States bilateral and multilateral 

sanctions; 

(3) A detailed description of United States efforts to enforce 

sanctions, including a list of all investigations initiated in the 

12 months preceeding the enactment of this Act that have 

resulted in a determination that a sanctions violation has 

occurred and United States government actions taken pursuant 

to the determination; 

(4) In the instances when sanctions were waived or otherwise not imposed against entities that were determined to 

have violated United States bilateral or multilateral sanctions, 

the reason in each instance of why action was not taken to 

sanction the entity; and 

(5) A description of United States diplomatic efforts to 

expand bilateral and multilateral sanctions against Iran and 

strengthen international efforts to enforce existing sanctions. 

LEBANON

SEC. 7044. (a) Funds appropriated under the heading ‘‘Foreign 

Military Financing Program’’ in this Act for assistance for Lebanon 

shall be made available only to professionalize the Lebanese Armed 

Forces and to strengthen border security and combat terrorism, 

including training and equipping the Lebanese Armed Forces to 

secure Lebanon’s borders, interdicting arms shipments, preventing 

the use of Lebanon as a safe haven for terrorist groups and implementing United Nations Security Council Resolution 1701. 

(b) None of the funds in subsection (a) may be made available 

for obligation until after the Secretary of State provides the Committees on Appropriations a detailed spending plan, which shall include 

a strategy for professionalizing the Lebanese Armed Forces, 

strengthening border security and combating terrorism in Lebanon. 

Spending plan. 


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WESTERN HEMISPHERE

SEC. 7045. (a) FREE TRADE AGREEMENTS.—Of the funds appropriated by this Act not less than $10,000,000 from ‘‘Development 

Assistance’’ and not less than $10,000,000 from ‘‘Economic Support 

Fund’’ shall be made available for labor and environmental capacity 

building activities relating to the free trade agreements with countries of Central America, Peru and the Dominican Republic. 

(b) HAITI.— 

(1) The Government of Haiti shall be eligible to purchase 

defense articles and services under the Arms Export Control 

Act (22 U.S.C. 2751 et seq.), for the Coast Guard. 

(2) Of the funds appropriated by this Act under titles 

III and IV, not less than $251,126,000 shall be made available 

for assistance for Haiti. 

(3) None of the funds made available by this Act under 

the heading ‘‘International Narcotics Control and Law Enforcement’’ may be used to transfer excess weapons, ammunition 

or other lethal property of an agency of the United States 

Government to the Government of Haiti for use by the Haitian 

National Police until the Secretary of State reports to the 

Committees on Appropriations that any members of the Haitian 

National Police who have been credibly alleged to have committed serious crimes, including drug trafficking and violations 

of internationally recognized human rights, have been suspended. 

(c) DOMINICAN REPUBLIC.—Of the funds appropriated by this 

Act that are available for assistance for the Dominican Republic, 

not less than $5,000,000 shall be made available for basic health 

care, nutrition, sanitation, education, and shelter for migrant 

workers and other residents of batey communities. 

(d) ASSISTANCE FOR GUATEMALA.— 

(1) Funds appropriated by this Act under the heading 

‘‘International Military Education and Training’’ (IMET) that 

are available for assistance for Guatemala, other than for 

expanded IMET, may be made available only for the Guatemalan Air Force, Navy and Army Corps of Engineers: Provided, 

That assistance for the Army Corps of Engineers shall only 

be available for training to improve disaster response capabilities and to participate in international peacekeeping operations: 

Provided further, That such funds may be made available only 

if the Secretary of State certifies that the Air Force, Navy 

and Army Corps of Engineers are respecting internationally 

recognized human rights and cooperating with civilian judicial 

investigations and prosecutions of current and retired military 

personnel who have been credibly alleged to have committed 

violations of such rights, and with the International Commission Against Impunity in Guatemala (CICIG) by granting access 

to CICIG personnel, providing evidence to CICIG, and allowing 

witness testimony. 

(2) Of the funds appropriated by this Act under the heading 

‘‘Foreign Military Financing Program’’, not more than $500,000 

may be made available for the Guatemalan Air Force, Navy 

and Army Corps of Engineers: Provided, That assistance for 

the Army Corps of Engineers shall only be available for training 

to improve disaster response capabilities and to participate 

in international peacekeeping operations: Provided further, Certification. 

Certification. 

Reports. 


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That such funds may be made available only if the Secretary 

of State certifies that the Air Force, Navy and Army Corps 

of Engineers are respecting internationally recognized human 

rights and cooperating with civilian judicial investigations and 

prosecutions of current and retired military personnel who have 

been credibly alleged to have committed violations of such 

rights, including protecting and providing to the Attorney General’s office all military archives pertaining to the internal 

armed conflict, and cooperating with the CICIG by granting 

access to CICIG personnel, providing evidence to CICIG, and 

allowing witness testimony. 

(e) ASSISTANCE FOR MEXICO.—Of the funds appropriated under 

the headings ‘‘International Narcotics Control and Law Enforcement’’, ‘‘Foreign Military Financing Program’’, and ‘‘Economic Support Fund’’ in this Act, not more than $300,000,000 may be made 

available for assistance for Mexico, only to combat drug trafficking 

and related violence and organized crime, and for judicial reform, 

institution building, anti-corruption, and rule of law activities, of 

which not less than $75,000,000 shall be used for judicial reform, 

institution building, anti-corruption, and rule of law activities: Provided, That none of the funds made available under this section 

shall be made available for budget support or as cash payments. 

(1) ALLOCATION OF FUNDS.—Fifteen percent of the funds 

made available under this section in this Act, for assistance 

for Mexico, not including assistance for judicial reform, institution building, anti-corruption, and rule of law activities, may 

not be obligated until the Secretary of State reports in writing 

to the Committees on Appropriations that the Government 

of Mexico is continuing to— 

(A) improve the transparency and accountability of 

Federal police forces and to work with State and municipal 

authorities to improve the transparency and accountability 

of State and municipal police forces through mechanisms 

including police complaints commissions with authority and 

independence to receive complaints and carry out effective 

investigations; 

(B) conduct regular consultations with Mexican human 

rights organizations and other relevant Mexican civil 

society organizations on recommendations for the 

implementation of the Merida Initiative in accordance with 

Mexican and international law; 

(C) ensure that civilian prosecutors and judicial 

authorities are investigating and prosecuting, in accordance 

with Mexican and international law, members of the Federal police and military forces who have been credibly 

alleged to have violated internationally recognized human 

rights, and the Federal police and military forces are fully 

cooperating with the investigations; and 

(D) enforce the prohibition, in accordance with Mexican 

and international law, on the use of testimony obtained 

through torture or other ill-treatment. 

(2) REPORT.—The report required in paragraph (1) shall 

include a description of actions taken with respect to each 

requirement. 

(3) SPENDING PLAN.—Not later than 45 days after the date 

of enactment of this Act, the Secretary of State shall submit 

to the Committees on Appropriations a detailed spending plan, 

Deadline. 

Reports. 


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developed after consulting with relevant Mexican Government 

authorities, for funds made available for Mexico under this 

section, with concrete goals, programs and activities to be 

funded, and anticipated results. 

(4) ANALYSIS OF ALTERNATIVES.—Prior to the obligation 

of funds for the procurement or lease of aircraft, the Director 

of the Defense Security Cooperation Agency, in consultation 

with the Secretary of State, shall submit to the Committees 

on Appropriations an Analysis of Alternatives for the acquisition of all aircraft for the Merida Initiative. 

(f) ASSISTANCE FOR THE COUNTRIES OF CENTRAL AMERICA.— 

Of the funds appropriated under the headings ‘‘International Narcotics Control and Law Enforcement’’, ‘‘Foreign Military Financing 

Program’’, and ‘‘Economic Support Fund’’, $105,000,000 may be 

made available for assistance for the countries of Central America 

only to combat drug trafficking and related violence and organized 

crime, and for judicial reform, institution building, anti-corruption, 

rule of law activities, and maritime security, of which not less 

than $35,000,000 shall be made available for judicial reform, institution building, anti-corruption, and rule of law activities: Provided, 

That of the funds appropriated under the heading ‘‘Economic Support Fund’’, $12,000,000 shall be made available through the United 

States Agency for International Development for an Economic and 

Social Development Fund for Central America: Provided further, 

That none of the funds shall be made available for budget support 

or as cash payments. 

(1) ALLOCATION OF FUNDS.—Fifteen percent of the funds 

made available by this Act for assistance for the countries 

of Central America under the headings ‘‘International Narcotics 

Control and Law Enforcement’’ and ‘‘Foreign Military Financing 

Program’’ may not be obligated until the Secretary of State 

reports in writing to the Committees on Appropriations that 

the government of such country is continuing to— 

(A) support police complaints commissions with 

authority and independence to receive complaints and carry 

out effective investigations; 

(B) implement reforms to improve the capacity and 

ensure the independence of the judiciary; and 

(C) investigate and prosecute members of the Federal 

police and military forces who have been credibly alleged 

to have committed violations of internationally recognized 

human rights. 

(2) REPORT.—The report required in paragraph (1) shall 

include a description of actions taken with respect to each 

requirement. 

(3) SPENDING PLAN.—Not later than 45 days after the date 

of the enactment of this Act, the Secretary of State shall submit 

to the Committees on Appropriations a detailed spending plan 

for funds appropriated or otherwise made available for the 

countries of Central America by this Act, with concrete goals, 

actions to be taken, budget proposals, and anticipated results. 

(4) DEFINITION.—For the purposes of this section, the term 

‘‘countries of Central America’’ means Belize, Costa Rica, El 

Salvador, Guatemala, Honduras, Nicaragua, and Panama. 

(g) AIRCRAFT OPERATIONS AND MAINTENANCE.—To the maximum extent practicable, the costs of operations and maintenance, 

Deadline. 

Reports. 


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including fuel, of aircraft funded by this Act should be borne by 

the recipient country. 

COLOMBIA

SEC. 7046. (a) FUNDING.—Of the funds appropriated in titles III and IV of this Act, not more than $545,050,000 shall be available 

for assistance for Colombia. 

Funds appropriated by this Act and made available to the 

Department of State for assistance to the Government of Colombia 

may be used to support a unified campaign against narcotics trafficking and organizations designated as Foreign Terrorist Organizations and successor organizations, and to take actions to protect 

human health and welfare in emergency circumstances, including 

undertaking rescue operations: Provided, That assistance made 

available in prior Acts for the Government of Colombia to protect 

the Cano-Limon pipeline may also be used for purposes for which 

funds are made available under the heading ‘‘Andean Counterdrug 

Programs’’: Provided further, That no United States Armed Forces 

personnel or United States civilian contractor employed by the 

United States will participate in any combat operation in connection 

with assistance made available by this Act for Colombia: Provided 

further, That rotary and fixed wing aircraft supported with funds 

appropriated under the heading ‘‘Andean Counterdrug Programs’’ 

for assistance for Colombia may be used for aerial or manual 

drug eradication and interdiction including to transport personnel 

and supplies and to provide security for such operations, and to 

provide transport in support of alternative development programs 

and investigations of cases under the jurisdiction of the Attorney 

General, the Procuraduria General de la Nacion, and the Defensoria 

del Pueblo: Provided further, That the President shall ensure that 

if any helicopter procured with funds in this Act or prior Acts 

making appropriations for the Department of State, foreign operations, and related programs, is used to aid or abet the operations 

of any illegal self-defense group, paramilitary organization, illegal 

security cooperative or successor organizations in Colombia, such 

helicopter shall be immediately returned to the United States. 

Of the funds available under the heading ‘‘Andean Counterdrug 

Programs’’ in this Act for the Colombian national police for the 

procurement of chemicals for aerial coca and poppy eradication 

programs, not more than 20 percent of such funds may be made 

available for such eradication programs unless the Secretary of 

State certifies to the Committees on Appropriations that: (1) the 

herbicide is being used in accordance with EPA label requirements 

for comparable use in the United States and with Colombian laws; 

and (2) the herbicide, in the manner it is being used, does not 

pose unreasonable risks or adverse effects to humans or the environment, including endemic species: Provided, That such funds may 

not be made available unless the Secretary of State certifies to 

the Committees on Appropriations that complaints of harm to 

health or licit crops caused by such aerial eradication are thoroughly 

evaluated and fair compensation is being paid in a timely manner 

for meritorious claims: Provided further, That such funds may not 

be made available for such purposes unless programs are being 

implemented by the United States Agency for International 

Development, the Government of Colombia, or other organizations, 

in consultation and coordination with local communities, to provide 

Certification. 

Certification. 

President. 

Helicopters. 


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alternative sources of income in areas where security permits for 

small-acreage growers and communities whose illicit crops are targeted for aerial eradication: Provided further, That none of the 

funds appropriated by this Act for assistance for Colombia shall 

be made available for the cultivation or processing of African oil 

palm, if doing so would contribute to significant loss of native 

species, disrupt or contaminate natural water sources, reduce local 

food security, or cause the forced displacement of local people: 

Provided further, That funds appropriated by this Act may be 

used for aerial eradication in Colombia’s national parks or reserves 

only if the Secretary of State certifies to the Committees on Appropriations on a case-by-case basis that there are no effective alternatives and the eradication is conducted in accordance with Colombian laws. 

(b) ASSISTANCE FOR THE ARMED FORCES.— (1) FUNDING.—Funds appropriated by this Act that are 

available for assistance for the Colombian Armed Forces, may 

be made available as follows: 

(A) Up to 70 percent of such funds may be obligated 

prior to the certification and report by the Secretary of 

State pursuant to subparagraph (B). 

(B) Up to 15 percent of such funds may be obligated 

only after the Secretary of State consults with, and subsequently certifies and submits a written report to, the 

Committees on Appropriations that— 

(i) The Government of Colombia is suspending, 

and investigating and prosecuting in the civilian justice 

system, those members of the Colombian Armed 

Forces, of whatever rank, who have been credibly 

alleged to have committed violations of internationally 

recognized human rights, including extra-judicial 

killings, or to have aided, abetted or benefitted from 

paramilitary organizations or successor armed groups, 

and the Colombian Armed Forces are cooperating fully 

with civilian prosecutors and judicial authorities in 

such cases. 

(ii) The Government of Colombia has taken all 

necessary steps to sever links with paramilitary 

organizations or successor armed groups. 

(iii) The Government of Colombia is dismantling 

paramilitary networks, including by arresting and 

prosecuting under civilian criminal law individuals who 

have provided financial, planning, or logistical support, 

or have otherwise aided, abetted or benefitted from 

paramilitary organizations or successor armed groups, 

and by returning land and other assets illegally 

acquired by such organizations or their associates to 

their rightful occupants or owners. 

(iv) The Government of Colombia is respecting the 

rights of Colombia’s indigenous and Afro-Colombian 

communities, and the Colombian Armed Forces are 

implementing procedures to distinguish between 

civilians, including displaced persons, and combatants 

in their operations. 

(2) The balance of such funds may be obligated after July 

31, 2009, if, prior to such obligation, the Secretary of State 

consults with, and submits a written certification to, the 

Certification. 

Certification. 

Reports. 

Certification. 


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Committees on Appropriations that the Government of 

Colombia is continuing to meet the requirements described 

in paragraph (1) and is conducting vigorous operations to 

strengthen civilian institutions and respect for internationally 

recognized human rights in areas under the influence of paramilitary organizations or successor armed groups and guerrilla 

organizations. 

(3) CERTAIN FUNDS EXEMPTED.—The requirement to withhold funds from obligation shall not apply with respect to 

funds made available under the heading ‘‘Andean Counterdrug 

Programs’’ in this Act for continued support for the Critical 

Flight Safety Program or for any alternative development programs in Colombia administered by the Bureau of International 

Narcotics and Law Enforcement Affairs of the Department 

of State. 

(4) REPORT.—At the time the Secretary of State submits 

certifications pursuant to paragraphs (1)(B) and (2) of this 

subsection, the Secretary shall also submit to the Committees 

on Appropriations a report that contains, with respect to each 

such paragraph, a detailed description of the specific actions 

taken by the Government and Armed Forces of Colombia which 

support each requirement of the certification, and the cases 

or issues brought to the attention of the Secretary, including 

through the Department of State’s annual Country Reports 

on Human Rights Practices, for which the actions taken by 

the Colombian Government or Armed Forces have been determined by the Secretary of State to be inadequate. 

(c) CONSULTATIVE PROCESS.—Not later than 60 days after the 

date of enactment of this Act, and every 180 days thereafter until 

September 30, 2009, the Secretary of State shall consult with Colombian and internationally recognized human rights organizations 

regarding progress in meeting the requirements contained in subsection (b)(1). 

(d) ASSISTANCE FOR REINTEGRATION OF FORMER COMBATANTS.— 

(1) AVAILABILITY OF FUNDS.—Of the funds appropriated 

in this Act under the heading ‘‘Economic Support Fund’’, up 

to $16,769,000 may be made available in fiscal year 2009 for 

assistance for the reintegration of former members of foreign 

terrorist organizations (FTOs) or other illegal armed groups 

in Colombia, if the Secretary of State consults with and makes 

a certification described in paragraph (2) to the Committees 

on Appropriations prior to the initial obligation of amounts 

for such assistance for the fiscal year involved. 

(2) CERTIFICATION.—A certification described in this subsection is a certification that— 

(A) assistance for the fiscal year will be provided only 

for individuals who have: (i) verifiably renounced and 

terminated any affiliation or involvement with FTOs or 

other illegal armed groups; (ii) are meeting all the requirements of the Colombia demobilization program, including 

having disclosed their involvement in past crimes and their 

knowledge of the FTO’s structure, financing sources, illegal 

assets, and the location of kidnapping victims and bodies 

of the disappeared; and (iii) are not involved in criminal 

activity; 

(B) the Government of Colombia is providing full 

cooperation to the Government of the United States to 

Deadlines. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 891 

prosecute the extradited leaders and members of FTOs 

who have been indicted in the United States for murder, 

torture, kidnapping, narcotics trafficking, or other violations of United States law; 

(C) the Government of Colombia is not knowingly 

taking any steps to legalize the titles of land or other 

assets illegally obtained and held by FTOs, their associates, 

or successors, has established effective procedures to identify such land and other assets, and is seizing and returning 

such land and other assets to their rightful occupants or 

owners; 

(D) the Government of Colombia is dismantling the 

organizational structures of FTOs and successor armed 

groups; and 

(E) funds shall not be made available as cash payments 

to individuals and are available only for activities under 

the following categories: verification, reintegration 

(including training and education), vetting, recovery of 

assets for reparations for victims, and investigations and 

prosecutions. 

(e) ILLEGAL ARMED GROUPS.— 

(1) DENIAL OF VISAS.—Subject to paragraph (2), the Secretary of State shall not issue a visa to any alien who the 

Secretary determines, based on credible evidence— 

(A) has willfully provided any support to or benefitted 

from the Revolutionary Armed Forces of Colombia (FARC), 

the National Liberation Army (ELN), the United SelfDefense Forces of Colombia (AUC), or successor armed 

groups, including taking actions or failing to take actions 

which allow, facilitate, or otherwise foster the activities 

of such groups; or 

(B) has committed, ordered, incited, assisted, or otherwise participated in the commission of a violation of internationally recognized human rights, including extrajudicial killings, in Colombia. 

(2) WAIVER.—Paragraph (1) shall not apply if the Secretary 

of State certifies to the Committees on Appropriations, on a 

case-by-case basis, that the issuance of a visa to the alien 

is necessary to support the peace process in Colombia or for 

urgent humanitarian reasons. 

(f) DEFINITIONS.—In this section: 

(1) AIDED OR ABETTED.—The term ‘‘aided or abetted’’ means 

to provide any support to paramilitary or successor armed 

groups, including taking actions which allow, facilitate, or 

otherwise foster the activities of such groups. 

(2) PARAMILITARY GROUPS.—The term ‘‘paramilitary 

groups’’ means illegal self-defense groups and illegal security 

cooperatives, including those groups and cooperatives that have 

formerly demobilized but continue illegal operations, as well 

as parts thereof. 

(3) FOREIGN TERRORIST ORGANIZATION.—The term ‘‘foreign 

terrorist organization’’ means an organization designated as 

a terrorist organization under section 219 of the Immigration 

and Nationality Act. 

Certification. 


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COMMUNITY-BASED POLICE ASSISTANCE

SEC. 7047. (a) AUTHORITY.—Funds made available by titles 

III and IV of this Act to carry out the provisions of chapter 1 

of part I and chapters 4 and 6 of part II of the Foreign Assistance 

Act of 1961, may be used, notwithstanding section 660 of that 

Act, to enhance the effectiveness and accountability of civilian police 

authority through training and technical assistance in human 

rights, the rule of law, anti-corruption, strategic planning, and 

through assistance to foster civilian police roles that support democratic governance including assistance for programs to prevent conflict, respond to disasters, address gender-based violence, and foster 

improved police relations with the communities they serve. 

(b) NOTIFICATION.—Assistance provided under subsection (a) 

shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. 

PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS

SEC. 7048. None of the funds appropriated or made available 

pursuant to titles III through VI of this Act for carrying out the 

Foreign Assistance Act of 1961, may be used to pay in whole 

or in part any assessments, arrearages, or dues of any member 

of the United Nations or, from funds appropriated by this Act 

to carry out chapter 1 of part I of the Foreign Assistance Act 

of 1961, the costs for participation of another country’s delegation 

at international conferences held under the auspices of multilateral 

or international organizations. 

WAR CRIMES TRIBUNALS DRAWDOWN

SEC. 7049. If the President determines that doing so will contribute to a just resolution of charges regarding genocide or other 

violations of international humanitarian law, the President may 

direct a drawdown pursuant to section 552(c) of the Foreign Assistance Act of 1961 of up to $30,000,000 of commodities and services 

for the United Nations War Crimes Tribunal established with 

regard to the former Yugoslavia by the United Nations Security 

Council or such other tribunals or commissions as the Council 

may establish or authorize to deal with such violations, without 

regard to the ceiling limitation contained in paragraph (2) thereof: 

Provided, That the determination required under this section shall 

be in lieu of any determinations otherwise required under section 

552(c): Provided further, That funds made available for tribunals 

other than the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda, or the 

Special Court for Sierra Leone shall be made available subject 

to the regular notification procedures of the Committees on Appropriations. 

PEACEKEEPING MISSIONS

SEC. 7050. None of the funds made available under title I 

of this Act may be used for any United Nations undertaking when 

it is made known to the Federal official having authority to obligate 

or expend such funds that: (1) the United Nations undertaking 

is a peacekeeping mission; (2) such undertaking will involve United 

States Armed Forces under the command or operational control 

of a foreign national; and (3) the President’s military advisors 

Notification. 


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have not submitted to the President a recommendation that such 

involvement is in the national interests of the United States and 

the President has not submitted to the Congress such a recommendation. 

PEACEKEEPING ASSESSMENT

SEC. 7051. Section 404(b)(2)(B) of the Foreign Relations 

Authorization Act, Fiscal Years 1994 and 1995, (22 U.S.C. 287e 

note) is amended by deleting subsection (v) and inserting in lieu 

thereof: 

‘‘(v) For assessments made during each of the calendar years 

2005, 2006, 2007, 2008, and 2009, 27.1 percent.’’. 

UNITED NATIONS HUMAN RIGHTS COUNCIL

SEC. 7052. (a) None of the funds appropriated by this Act 

may be made available for a United States contribution to the 

United Nations Human Rights Council. 

(b) The prohibition under subsection (a) shall not apply if— 

(1) the Secretary of State certifies to the Committees on 

Appropriations that the provision of funds to support the United 

Nations Human Rights Council is in the national interest of 

the United States; or 

(2) the United States is a member of the Human Rights 

Council. 

ATTENDANCE AT INTERNATIONAL CONFERENCES

SEC. 7053. None of the funds made available in this Act may 

be used to send or otherwise pay for the attendance of more than 

50 employees of agencies or departments of the United States 

Government who are stationed in the United States, at any single 

international conference occurring outside the United States, unless 

the Secretary of State reports to the Committees on Appropriations 

that such attendance is in the national interest: Provided, That 

for purposes of this section the term ‘‘international conference’’ 

shall mean a conference attended by representatives of the United 

States Government and of foreign governments, international 

organizations, or nongovernmental organizations. 

RESTRICTIONS ON UNITED NATIONS DELEGATIONS

SEC. 7054. None of the funds made available under title I 

of this Act may be used to pay expenses for any United States 

delegation to any specialized agency, body, or commission of the 

United Nations if such commission is chaired or presided over 

by a country, the government of which the Secretary of State 

has determined, for purposes of section 6(j)(1) of the Export 

Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)), supports 

international terrorism. 

PARKING FINES AND REAL PROPERTY TAXES OWED BY FOREIGN

GOVERNMENTS

SEC. 7055. (a) Subject to subsection (c), of the funds appropriated under titles III through VI by this Act that are made 

available for assistance for a foreign country, an amount equal 

to 110 percent of the total amount of the unpaid fully adjudicated 

Certification. 

Definition. 

Reports. 

Certification. 


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parking fines and penalties and unpaid property taxes owed by 

the central government of such country shall be withheld from 

obligation for assistance for the central government of such country 

until the Secretary of State submits a certification to the Committees on Appropriations stating that such parking fines and penalties 

and unpaid property taxes are fully paid. 

(b) Funds withheld from obligation pursuant to subsection (a) 

may be made available for other programs or activities funded 

by this Act, after consultation with and subject to the regular 

notification procedures of the Committees on Appropriations, provided that no such funds shall be made available for assistance 

for the central government of a foreign country that has not paid 

the total amount of the fully adjudicated parking fines and penalties 

and unpaid property taxes owed by such country. 

(c) Subsection (a) shall not include amounts that have been 

withheld under any other provision of law. 

(d)(1) The Secretary of State may waive the requirements set 

forth in subsection (a) with respect to parking fines and penalties 

no sooner than 60 days from the date of enactment of this Act, 

or at any time with respect to a particular country, if the Secretary 

determines that it is in the national interests of the United States 

to do so. 

(2) The Secretary of State may waive the requirements set 

forth in subsection (a) with respect to the unpaid property taxes 

if the Secretary of State determines that it is in the national 

interests of the United States to do so. 

(e) Not later than 6 months after the initial exercise of the 

waiver authority in subsection (d), the Secretary of State, after 

consultations with the City of New York, shall submit a report 

to the Committees on Appropriations describing a strategy, 

including a timetable and steps currently being taken, to collect 

the parking fines and penalties and unpaid property taxes and 

interest owed by nations receiving foreign assistance under this 

Act. 

(f) In this section: 

(1) The term ‘‘fully adjudicated’’ includes circumstances 

in which the person to whom the vehicle is registered— 

(A)(i) has not responded to the parking violation summons; or 

(ii) has not followed the appropriate adjudication procedure to challenge the summons; and 

(B) the period of time for payment of or challenge 

to the summons has lapsed. 

(2) The term ‘‘parking fines and penalties’’ means parking 

fines and penalties— 

(A) owed to— 

(i) the District of Columbia; or 

(ii) New York, New York; and 

(B) incurred during the period April 1, 1997, through 

September 30, 2008. 

(3) The term ‘‘unpaid property taxes’’ means the amount 

of unpaid taxes and interest determined to be owed by a foreign 

country on real property in the District of Columbia or New 

York, New York in a court order or judgment entered against 

such country by a court of the United States or any State 

or subdivision thereof. 

Definitions. 

Deadline. 

Reports. 

Waiver authority. 

Time period. 


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LANDMINES AND CLUSTER MUNITIONS

SEC. 7056. (a) LANDMINES.—Notwithstanding any other provision of law, demining equipment available to the United States 

Agency for International Development and the Department of State 

and used in support of the clearance of landmines and unexploded 

ordnance for humanitarian purposes may be disposed of on a grant 

basis in foreign countries, subject to such terms and conditions 

as the President may prescribe. 

(b) CLUSTER MUNITIONS.—No military assistance shall be furnished for cluster munitions, no defense export license for cluster 

munitions may be issued, and no cluster munitions or cluster munitions technology shall be sold or transferred, unless— 

(1) the submunitions of the cluster munitions have a 99 

percent or higher functioning rate; and 

(2) the agreement applicable to the assistance, transfer, 

or sale of the cluster munitions or cluster munitions technology 

specifies that the cluster munitions will only be used against 

clearly defined military targets and will not be used where 

civilians are known to be present. 

MILLENNIUM CHALLENGE CORPORATION

SEC. 7057. (a) The Chief Executive Officer of the Millennium 

Challenge Corporation shall, not later than 45 days after enactment 

of this Act, submit to the Committee on Appropriations a report 

on the proposed uses, on a country-by-country basis, of all funds 

appropriated under the heading ‘‘Millennium Challenge Corporation’’ in this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs projected 

to be obligated and expended in fiscal year 2009 and subsequent 

fiscal years. 

(b) The report required in paragraph (a) shall be updated 

on a semi-annual basis and shall include, at a minimum, a description of— 

(1) compacts in development, including the status of negotiations and the approximate range of value of the proposed 

compact; 

(2) compacts in implementation, including the projected 

expenditure and disbursement of compact funds during fiscal 

year 2009 and subsequent fiscal years as determined by the 

country compact; 

(3) threshold country programs in development, including 

the approximate range of value of the threshold country agreement; 

(4) major programmatic changes to existing compacts 

funded by this Act or prior Acts making appropriations for 

the Department of State, foreign operations, and related programs; 

(5) threshold country programs in implementation; and 

(6) use of administrative funds. 

(c) The Chief Executive Officer of the Millennium Challenge 

Corporation shall notify the Committees on Appropriations not later 

than 15 days prior to signing any new country compact or new 

threshold country program; terminating or suspending any country 

compact or threshold country program; or commencing negotiations 

for any new compact or threshold country program. 

Notification. 

Deadline. 

Deadline. 

Reports. 


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LIMITATION ON RESIDENCE EXPENSES

SEC. 7058. Of the funds appropriated or made available pursu- ant to title II of this Act, not to exceed $100,500 shall be for 

official residence expenses of the United States Agency for International Development during the current fiscal year: Provided, That 

appropriate steps shall be taken to assure that, to the maximum 

extent possible, United States-owned foreign currencies are utilized 

in lieu of dollars. 

UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

MANAGEMENT

(INCLUDING TRANSFER OF FUNDS)

SEC. 7059. (a) AUTHORITY.—Up to $81,000,000 of the funds 

made available in title III of this Act to carry out the provisions 

of part I of the Foreign Assistance Act of 1961, including funds 

appropriated under the heading ‘‘Assistance for Europe, Eurasia 

and Central Asia’’, may be used by the United States Agency 

for International Development (USAID) to hire and employ individuals in the United States and overseas on a limited appointment 

basis pursuant to the authority of sections 308 and 309 of the 

Foreign Service Act of 1980. 

(b) RESTRICTIONS.— 

(1) The number of individuals hired in any fiscal year 

pursuant to the authority contained in subsection (a) may not 

exceed 175. 

(2) The authority to hire individuals contained in subsection 

(a) shall expire on September 30, 2010. 

(c) CONDITIONS.—The authority of subsection (a) may only be 

used to the extent that an equivalent number of positions that 

are filled by personal services contractors or other non-direct hire 

employees of USAID, who are compensated with funds appropriated 

to carry out part I of the Foreign Assistance Act of 1961, including 

funds appropriated under the heading ‘‘Assistance for Europe, Eurasia and Central Asia’’, are eliminated. 

(d) PRIORITY SECTORS.—In exercising the authority of this section, primary emphasis shall be placed on enabling USAID to meet 

personnel positions in technical skill areas currently encumbered 

by contractor or other non-direct hire personnel. 

(e) CONSULTATIONS.—The USAID Administrator shall consult 

with the Committees on Appropriations at least on a quarterly 

basis concerning the implementation of this section. 

(f) PROGRAM ACCOUNT CHARGED.—The account charged for the 

cost of an individual hired and employed under the authority of 

this section shall be the account to which such individual’s responsibilities primarily relate. Funds made available to carry out this 

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

by this Act in title II under the heading ‘‘Operating Expenses’’. 

(g) FOREIGN SERVICE LIMITED EXTENSIONS.—Individuals hired 

and employed by USAID, with funds made available in this Act 

or prior Acts making appropriations for the Department of State, 

foreign operations, and related programs, pursuant to the authority 

of section 309 of the Foreign Service Act of 1980, may be extended 

for a period of up to 4 years notwithstanding the limitation set 

forth in such section. 

Expiration date. 

22 USC 3948 

note. 


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(h) JUNIOR OFFICER PLACEMENT AUTHORITY.—Of the funds 

made available in subsection (a), USAID may use, in addition 

to funds otherwise available for such purposes, up to $15,000,000 

to fund overseas support costs of members of the Foreign Service 

with a Foreign Service rank of four or below: Provided, That such 

authority is only used to reduce USAID’s reliance on overseas 

personal services contractors or other non-direct hire employees 

compensated with funds appropriated to carry out part I of the 

Foreign Assistance Act of 1961, including funds appropriated under 

the heading ‘‘Assistance for Europe, Eurasia and Central Asia’’. 

(i) DISASTER SURGE CAPACITY.—Funds appropriated under title 

III of this Act to carry out part I of the Foreign Assistance Act 

of 1961, including funds appropriated under the heading ‘‘Assistance 

for Europe, Eurasia and Central Asia’’, may be used, in addition 

to funds otherwise available for such purposes, for the cost 

(including the support costs) of individuals detailed to or employed 

by USAID whose primary responsibility is to carry out programs 

in response to natural disasters. 

(j) TECHNICAL ADVISORS.—Up to $13,500,000 of the funds made 

available by this Act in title III for assistance under the heading 

‘‘Global Health and Child Survival’’, may be used to reimburse 

United States Government agencies, agencies of State governments, 

institutions of higher learning, and private and voluntary organizations for the full cost of individuals (including for the personal 

services of such individuals) detailed or assigned to, or contracted 

by, as the case may be, USAID for the purpose of carrying out 

activities under that heading: Provided, That up to $3,500,000 

of the funds made available by this Act for assistance under the 

heading ‘‘Development Assistance’’ may be used to reimburse such 

agencies, institutions, and organizations for such costs of such 

individuals carrying out other development assistance activities. 

(k) PERSONAL SERVICES CONTRACTORS.—Funds appropriated by 

this Act to carry out chapter 1 of part I, chapter 4 of part II, 

and section 667 of the Foreign Assistance Act of 1961, and title 

II of the Agricultural Trade Development and Assistance Act of 

1954, may be used by USAID to employ up to 25 personal services 

contractors in the United States, notwithstanding any other provision of law, for the purpose of providing direct, interim support 

for new or expanded overseas programs and activities managed 

by the agency until permanent direct hire personnel are hired 

and trained: Provided, That not more than 10 of such contractors 

shall be assigned to any bureau or office: Provided further, That 

such funds appropriated to carry out title II of the Agricultural 

Trade Development and Assistance Act of 1954, may be made 

available only for personal services contractors assigned to the 

Office of Food for Peace. 

(l) RECRUITMENT STRATEGY.—Not later than December 31, 

2009, the USAID Administrator, after consulting with the Secretaries of Defense, Treasury, Agriculture, Interior, Energy, and 

Health and Human Services, the Director of the Centers for Disease 

Control and Prevention, the Administrator of the Environmental 

Protection Agency, and the heads of other relevant Federal departments and agencies, shall submit to the Committees on Appropriations a recruitment strategy for current and former employees 

from such departments and agencies who possess skills and/or 

overseas experience which would enhance USAID’s capacity to carry 

out its mission: Provided, That funds made available under the Notification. 

Deadline. 

Assignment. 


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heading ‘‘Operating Expenses’’ in title II of this Act may be made 

available to implement the strategy described in the previous proviso, subject to the regular notification procedures of the Committees on Appropriations. 

(m) HIRING AUTHORITY.—Notwithstanding section 307 of the 

Foreign Service Act of 1980, the USAID Administrator may hire 

up to 30 individuals under the Development Leadership Initiative: 

Provided, That the authority contained in this subsection shall 

expire on September 30, 2010. 

GLOBAL HEALTH ACTIVITIES

SEC. 7060. (a) Funds appropriated by titles III and IV of this 

Act that are made available for bilateral assistance for child survival 

activities or disease programs including activities relating to 

research on, and the prevention, treatment and control of, HIV/ 

AIDS may be made available notwithstanding any other provision 

of law except for the provisions under the heading ‘‘Global Health 

and Child Survival’’ and the United States Leadership Against 

HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 

22 U.S.C. 7601 et seq.), as amended: Provided, That of the funds 

appropriated under title III of this Act, not less than $545,000,000 

should be made available for family planning/reproductive health. 

(b) Notwithstanding any other provision of this Act, 10 percent 

of the funds that are appropriated by this Act for a contribution 

to support the Global Fund to Fight AIDS, Tuberculosis and Malaria 

(the ‘‘Global Fund’’) shall be withheld from obligation to the Global 

Fund until the Secretary of State reports to the Committees on 

Appropriations that the Global Fund— 

(1) is releasing incremental disbursements only if grantees 

demonstrate progress against clearly defined performance 

indicators; and 

(2) is implementing a reporting system that breaks down 

grantee budget allocations by programmatic activity. 

DEVELOPMENT GRANTS PROGRAM

SEC. 7061. Of the funds appropriated by this Act under the 

heading ‘‘Development Assistance’’, not less than $40,000,000 shall 

be made available for the Development Grants Program established 

pursuant to section 674 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2008 (division 

J of Public Law 110–161): Provided, That funds made available 

under this section are in addition to other funds available for 

such purposes including funds designated by this Act by section 

7065. 

WOMEN IN DEVELOPMENT

SEC. 7062. (a) Programs funded under title III of this Act 

should include, where appropriate, gender considerations in the 

planning, assessment, implementation, monitoring and evaluation 

of such programs. 

(b) Funds made available under title III of this Act should 

be made available to support programs to enhance economic 

opportunities for poor women in developing countries, including 

increasing the number and capacity of women-owned enterprises, 

improving property rights for women, increasing access to financial 

Reports. 

Expiration date. 


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services, and improving women’s ability to participate in the global 

economy. 

GENDER-BASED VIOLENCE

SEC. 7063. (a) Funds appropriated under the headings ‘‘Development Assistance’’ and ‘‘Economic Support Fund’’ in this Act shall 

be made available for programs to address sexual and genderbased violence. 

(b) Programs and activities funded under titles III and IV 

of this Act that provide training for foreign police, judicial, and 

military officials shall address, where appropriate, gender-based 

violence. 

EDUCATION

SEC. 7064. (a) BASIC EDUCATION.— (1) Of the funds appropriated by title III of this Act and by prior Acts for fiscal year 2009, not less than $700,000,000 

should be made available for assistance for basic education, 

of which not less than $400,000,000 shall be made available 

under the heading ‘‘Development Assistance’’. 

(2) There shall continue to be a Coordinator of United 

States government actions to provide basic education assistance 

in developing countries as established in section 664 of division 

J of Public Law 110–161. 

(3) Funds appropriated for basic education in this Act shall 

be made available for a pilot program in three countries to 

develop and evaluate the effectiveness and implementation of 

a 5-year basic education strategic plan. 

(b) HIGHER EDUCATION.—Of the funds appropriated by title 

III of this Act and by prior Acts for fiscal year 2009, not less 

than $133,000,000 shall be made available for assistance for higher 

education. 

RECONCILIATION PROGRAMS

SEC. 7065. Of the funds appropriated under the headings 

‘‘Development Assistance’’ and ‘‘Economic Support Fund’’ in this 

Act, $25,000,000 shall be made available for reconciliation programs 

which bring together and facilitate interaction between individuals 

of different ethnic, religious and political backgrounds from areas 

of civil conflict and war, of which $9,000,000 shall be made available 

for such programs in the Middle East: Provided, That the Administrator of the United States Agency for International Development 

shall consult with the Committees on Appropriations, prior to the 

initial obligation of funds, on the most effective uses of such funds. 

COMPREHENSIVE EXPENDITURES REPORT

SEC. 7066. Not later than 180 days after the date of enactment 

of this Act, the Secretary of State shall submit a report to the 

Committees on Appropriations detailing the total amount of United 

States Government expenditures in fiscal years 2007 and 2008, 

by Federal agency, for assistance programs and activities in each 

foreign country, identifying the line item as presented in the President’s Budget Appendix and the purpose for which the funds were 

Consultation. 

Strategic plan. 

Continuation. 

22 USC 2651a 

note. 


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provided: Provided, That if required, information may be submitted 

in classified form. 

REQUESTS FOR DOCUMENTS

SEC. 7067. None of the funds appropriated or made available 

pursuant to titles III through VI of this Act shall be available 

to a nongovernmental organization, including any contractor, which 

fails to provide upon timely request any document, file, or record 

necessary to the auditing requirements of the United States Agency 

for International Development. 

SENIOR POLICY OPERATING GROUP

SEC. 7068. (a) The Senior Policy Operating Group on Trafficking 

in Persons, established under section 105(f) of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7103(f)) 

to coordinate agency activities regarding policies (including grants 

and grant policies) involving the international trafficking in persons, 

shall coordinate all such policies related to the activities of traffickers and victims of severe forms of trafficking. 

(b) None of the funds provided under title I of this or any 

other Act making appropriations for the Department of State, foreign operations, and related programs shall be expended to perform 

functions that duplicate coordinating responsibilities of the Operating Group. 

(c) The Operating Group shall continue to report only to the 

authorities that appointed them pursuant to section 105(f). 

PROHIBITION ON USE OF TORTURE

SEC. 7069. None of the funds made available in this Act shall 

be used in any way whatsoever to support or justify the use of 

torture, cruel or inhumane treatment by any official or contract 

employee of the United States Government. 

AFRICA

SEC. 7070. (a) EXPANDED INTERNATIONAL MILITARY EDUCATION

AND TRAINING.— 

(1) Funds appropriated under the heading ‘‘International 

Military Education and Training’’ in this Act that are made 

available for assistance for Angola, Cameroon, Central African 

Republic, Chad, Cote D’Ivoire, and Guinea may be made available only for expanded international military education and 

training. 

(2) None of the funds appropriated under the heading 

‘‘International Military Education and Training’’ in this Act 

may be made available for assistance for Equatorial Guinea. 

(b)(1) SUDAN LIMITATION ON ASSISTANCE.—Subject to subsection 

(2): 

(A) Notwithstanding any other provision of law, none of 

the funds appropriated by this Act may be made available 

for assistance for the Government of Sudan. 

(B) None of the funds appropriated by this Act may be 

made available for the cost, as defined in section 502, of the 

Congressional Budget Act of 1974, of modifying loans and loan 

guarantees held by the Government of Sudan, including the 


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cost of selling, reducing, or canceling amounts owed to the 

United States, and modifying concessional loans, guarantees, 

and credit agreements. 

(2) Subsection (b)(1) shall not apply if the Secretary of State 

determines and certifies to the Committees on Appropriations that: 

(A) The Government of Sudan honors its pledges to cease 

attacks upon civilians and disarms and demobilizes the 

Janjaweed and other government-supported militias. 

(B) The Government of Sudan and all government-supported militia groups are honoring their commitments made 

in all previous cease-fire agreements. 

(C) The Government of Sudan is allowing unimpeded access 

to Darfur to humanitarian aid organizations, the human rights 

investigation and humanitarian teams of the United Nations, 

including protection officers, and an international monitoring 

team that is based in Darfur and has the support of the 

United States. 

(3) EXCEPTIONS.—The provisions of subsection (b)(1) shall not 

apply to— 

(A) humanitarian assistance; 

(B) assistance for the Darfur region, Southern Sudan, 

Southern Kordofan/Nuba Mountains State, Blue Nile State, 

and Abyei; and 

(C) assistance to support implementation of the Comprehensive Peace Agreement and the Darfur Peace Agreement 

or any other internationally-recognized viable peace agreement 

in Sudan. 

(4) DEFINITIONS.—For the purposes of this Act, the term 

‘‘Government of Sudan’’ shall not include the Government of 

Southern Sudan. 

(5) Notwithstanding any other law, assistance in this Act may 

be made available to the Government of Southern Sudan to provide 

non-lethal military assistance, military education and training, and 

defense services controlled under the International Traffic in Arms 

Regulations (22 CRF 120.1 et seq.) if the Secretary of State— 

(A) determines that the provision of such items is in the 

national interest of the United States; and 

(B) not later than 15 days before the provision of any 

such assistance, notifies the Committees on Appropriations of 

such determination. 

(c) HORN OF AFRICA AND PAN SAHEL PROGRAM.—Funds appropriated under the heading ‘‘Economic Support Fund’’ in this Act 

that are made available for programs and activities to counter 

extremism in the Horn of Africa and the Pan Sahel region of 

Africa, shall be administered by the United States Agency for 

International Development, and are in addition to funds otherwise 

made available for such purposes. 

(d) WAR CRIMES IN AFRICA.— 

(1) The Congress reaffirms its support for the efforts of 

the International Criminal Tribunal for Rwanda (ICTR) and 

the Special Court for Sierra Leone (SCSL) to bring to justice 

individuals responsible for war crimes and crimes against 

humanity in a timely manner. 

(2) Funds appropriated by this Act, including funds for 

debt restructuring, may be made available for assistance for 

the central government of a country in which individuals 

indicted by ICTR and SCSL are credibly alleged to be living, 

Determination. 

Reports. 

Deadline. 

Notification. 

Determination. 

Determination. 

Certification. 


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123 STAT. 902 PUBLIC LAW 111–8—MAR. 11, 2009 

if the Secretary of State determines and reports to the Committees on Appropriations that such government is cooperating 

with ICTR and SCSL, including the surrender and transfer 

of indictees in a timely manner: Provided, That this subsection 

shall not apply to assistance provided under section 551 of 

the Foreign Assistance Act of 1961 or to project assistance 

under title VI of this Act: Provided further, That the United 

States shall use its voice and vote in the United Nations Security Council to fully support efforts by ICTR and SCSL to 

bring to justice individuals indicted by such tribunals in a 

timely manner. 

(3) The prohibition in subsection (2) may be waived on 

a country-by-country basis if the President determines that 

doing so is in the national security interest of the United 

States: Provided, That prior to exercising such waiver authority, 

the President shall submit a report to the Committees on 

Appropriations, in classified form if necessary, on— 

(A) the steps being taken to obtain the cooperation 

of the government in surrendering the indictee in question 

to the court of jurisdiction; 

(B) a strategy, including a timeline, for bringing the 

indictee before such court; and 

(C) the justification for exercising the waiver authority. 

(e) ZIMBABWE.— 

(1) The Secretary of the Treasury shall instruct the United 

States executive director to each international financial institution to vote against any extension by the respective institution 

of any loans to the Government of Zimbabwe, except to meet 

basic human needs or to promote democracy, unless the Secretary of State determines and reports in writing to the 

Committees on Appropriations that the rule of law has been 

restored in Zimbabwe, including respect for ownership and 

title to property, freedom of speech and association, and a 

transition government has been established that reflects the 

will of the people as they voted in the March 2008 elections. 

(2) None of the funds appropriated by this Act shall be 

made available for assistance for the central government of 

Zimbabwe unless the Secretary of State makes the determination pursuant to subsection (e)(1). 

ASIA

SEC. 7071. (a) TIBET.— 

(1) The Secretary of the Treasury should instruct the 

United States executive director to each international financial 

institution to use the voice and vote of the United States 

to support projects in Tibet if such projects do not provide 

incentives for the migration and settlement of non-Tibetans 

into Tibet or facilitate the transfer of ownership of Tibetan 

land and natural resources to non-Tibetans; are based on a 

thorough needs-assessment; foster self-sufficiency of the 

Tibetan people and respect Tibetan culture and traditions; and 

are subject to effective monitoring. 

(2) Notwithstanding any other provision of law, not less 

than $7,300,000 of the funds appropriated by this Act under 

the heading ‘‘Economic Support Fund’’ should be made available 

to nongovernmental organizations to support activities which 

Determination. 

Loans. 

Determination. 

Reports. 

22 USC 2151 

note. 

Reports. 

Waiver authority. 

President. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 903 

preserve cultural traditions and promote sustainable development and environmental conservation in Tibetan communities 

in the Tibetan Autonomous Region and in other Tibetan 

communities in China. 

(b) BURMA.— (1) The Secretary of the Treasury shall instruct the United 

States executive director to each appropriate international 

financial institution in which the United States participates, 

to oppose and vote against the extension by such institution 

any loan or financial or technical assistance or any other utilization of funds of the respective bank to and for Burma. 

(2) Of the funds appropriated by this Act under the heading ‘‘Economic Support Fund’’, not less than $15,000,000 shall be 

made available to support democracy activities in Burma, along 

the Burma-Thailand border, for activities of Burmese student 

groups and other organizations located outside Burma, and 

for the purpose of supporting the provision of humanitarian 

assistance to displaced Burmese along Burma’s borders: Provided, That such funds may be made available notwithstanding 

any other provision of law: Provided further, That in addition 

to assistance for Burmese refugees provided under the heading 

‘‘Migration and Refugee Assistance’’ in this Act, not less than 

$4,000,000 shall be made available for community-based 

organizations operating in Thailand to provide food, medical 

and other humanitarian assistance to internally displaced persons in eastern Burma: Provided further, That funds made 

available under this paragraph shall be subject to the regular 

notification procedures of the Committees on Appropriations. 

(c) INDONESIA.— 

(1) Of the funds appropriated by this Act under the heading 

‘‘Foreign Military Financing Program’’, not to exceed 

$15,700,000 shall be made available for assistance for Indonesia, of which $2,000,000 shall be made available only after 

the Secretary of State submits to the Committees on Appropriations the report on Indonesia detailed in the explanatory statement described in section 4 (in the matter preceding division 

A of this consolidated Act) under such heading. 

(2) Of the funds appropriated by this Act under the heading 

‘‘Economic Support Fund’’ that are available for assistance for 

Indonesia, not less than $300,000 should be made available 

for grants for capacity building of Indonesian human rights 

organizations, including in Papua. 

(d) CAMBODIA.—Funds appropriated under the heading ‘‘Economic Support Fund’’ in this Act for assistance for Cambodia may 

be used for an endowment, and shall be made available to 

strengthen the capacity of the Government of Cambodia to combat 

human trafficking, notwithstanding any other provision of law. 

(e) NORTH KOREA.— 

(1) Funds made available under the heading ‘‘Migration 

and Refugee Assistance’’ in this Act shall be made available 

for assistance for refugees from North Korea. 

(2) Of the funds made available under the heading ‘‘International Broadcasting Operations’’ in title I of this Act, not 

less than $8,000,000 shall be made available for broadcasts 

into North Korea. 

(3) None of the funds made available under the heading 

‘‘Economic Support Fund’’ in fiscal year 2009 may be made 

Energy. 

Determination. 

Reports. 

Refugees. 

Human 

trafficking. 

Reports. 

Notification. 

Thailand. 

Loans. 

50 USC 1701 

note. 


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123 STAT. 904 PUBLIC LAW 111–8—MAR. 11, 2009 

available for obligation for energy-related assistance for North 

Korea unless the Secretary of State determines and reports 

to the Committees on Appropriations that North Korea is continuing to fulfill its commitments under the Six Party Talks 

agreements. 

(f) PEOPLE’S REPUBLIC OF CHINA.— 

(1) Notwithstanding any other provision of law and subject 

to the regular notification procedures of the Committees on 

Appropriations, of the funds appropriated under the heading 

‘‘Development Assistance’’ in this Act, not less than $11,000,000 

shall be made available to United States educational institutions and nongovernmental organizations for programs and 

activities in the People’s Republic of China relating to the 

environment, governance and the rule of law. 

(2) None of the funds appropriated under the heading ‘‘Diplomatic and Consular Programs’’ in this Act may be obligated 

or expended for processing licenses for the export of satellites 

of United States origin (including commercial satellites and 

satellite components) to the People’s Republic of China unless, 

at least 15 days in advance, the Committees on Appropriations 

are notified of such proposed action. 

(3) Not later than 180 days after enactment of this Act, 

the Secretary of State shall submit a report to the Committees 

on Appropriations detailing, to the extent practicable, the 

amount of assistance provided by the People’s Republic of China 

to governments and entities in Latin America and Africa during 

the previous calendar year, and shall make such report publicly 

available in a timely manner on the website of the Department 

of State and the United States Agency for International 

Development in English and Mandarin. 

(4) Of the funds appropriated under the heading ‘‘Diplomatic and Consular Programs’’ in this Act, $1,000,000 shall 

be made available to the Bureau of International Information 

Programs to disseminate information, in Mandarin, in the People’s Republic of China: Provided, That such information shall 

include issues of governance, transparency, corruption, rule 

of law, and the environment, and the findings of the report 

required by paragraph (3) of this subsection, and shall be 

disseminated through the Internet, text messaging or other 

means, and directed to economically depressed areas of the 

People’s Republic of China: Provided further, That such funds 

are in addition to funds otherwise made available for such 

purposes: Provided further, That the Department of State shall 

consult with the Committees on Appropriations prior to the 

initial obligation of funds made available by this subsection. 

(5) The terms and requirements of section 620(h) of the 

Foreign Assistance Act of 1961 shall apply to foreign assistance 

projects or activities of the People’s Liberation Army (PLA) 

of the People’s Republic of China, to include such projects 

or activities by any entity that is owned or controlled by, 

or an affiliate of, the PLA: Provided, That none of the funds 

appropriated or otherwise made available pursuant to this Act 

may be used to finance any grant, contract, or cooperative 

agreement with the PLA, or any entity that the Secretary 

of State has reason to believe is owned or controlled by, or 

an affiliate of, the PLA. 

Applicability. 

People’s 

Liberation Army. 

Consultation. 

Web posting. 

Text messaging. 

Mandarin. 

Deadline. 

Reports. 

Web posting. 

Mandarin. 

Exports and 

imports. 

Deadline. 

Notification. 

Notification. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 905 

(g) PHILIPPINES.—Of the funds appropriated by this Act under 

the heading ‘‘Foreign Military Financing Program’’, not to exceed 

$30,000,000 may be made available for assistance for the Philippines, of which $2,000,000 may not be obligated until the Secretary of State reports in writing to the Committees on Appropriations that— 

(1) the Government of the Philippines is taking effective 

steps to implement the recommendations of the United Nations 

Special Rapporteur on Extra-judicial, Summary or Arbitrary 

Executions, to include prosecutions and convictions for 

extrajudicial executions; sustaining the decline in the number 

of extra-judicial executions; addressing allegations of a death 

squad in Davao City; and strengthening government institutions working to eliminate extra-judicial executions; 

(2) the Government of the Philippines is implementing 

a policy of promoting military personnel who demonstrate 

professionalism and respect for internationally recognized 

human rights, and is investigating and prosecuting military 

personnel and others who have been credibly alleged to have 

violated such rights; and 

(3) the Philippine Armed Forces do not have a policy of, 

and are not engaging in, acts of intimidation or violence against 

members of legal organizations who advocate for human rights. 

(h) VIETNAM.—Notwithstanding any other provision of law, 

funds appropriated under the heading ‘‘Development Assistance’’ 

in this Act may be made available for programs and activities 

in the central highlands of Vietnam, and shall be made available 

for environmental remediation and related health activities in 

Vietnam. 

SERBIA

SEC. 7072. (a) Funds appropriated by this Act may be made 

available for assistance for the central Government of Serbia after 

May 31, 2009, if the President has made the determination and 

certification contained in subsection (c). 

(b) After May 31, 2009, the Secretary of the Treasury should 

instruct the United States executive directors to the international 

financial institutions to support loans and assistance to the Government of Serbia subject to the conditions in subsection (c). 

(c) The determination and certification referred to in subsection 

(a) is a determination and a certification by the President to the 

Committees on Appropriations that the Government of Serbia is— 

(1) cooperating with the International Criminal Tribunal 

for the former Yugoslavia including access for investigators, 

the provision of documents, timely information on the location, 

movement, and sources of financial support of indictees, and 

the surrender and transfer of indictees or assistance in their 

apprehension, including Ratko Mladic; 

(2) taking steps that are consistent with the Dayton Accords 

to end Serbian financial, political, security and other support 

which has served to maintain separate Republika Srpska 

institutions; and 

(3) taking steps to implement policies which reflect a 

respect for minority rights and the rule of law. 

(d) This section shall not apply humanitarian assistance or 

assistance to promote democracy. 

Determination. 

Certification. 

Ratko Mladic. 

Reports. 


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123 STAT. 906 PUBLIC LAW 111–8—MAR. 11, 2009 

INDEPENDENT STATES OF THE FORMER SOVIET UNION

SEC. 7073. (a) None of the funds appropriated under the 

heading ‘‘Assistance for Europe, Eurasia and Central Asia’’ shall 

be made available for assistance for a government of an Independent 

State of the former Soviet Union if that government directs any 

action in violation of the territorial integrity or national sovereignty 

of any other Independent State of the former Soviet Union, such 

as those violations included in the Helsinki Final Act: Provided, 

That such funds may be made available without regard to the 

restriction in this subsection if the President determines that to 

do so is in the national security interest of the United States. 

(b) Funds appropriated under the heading ‘‘Assistance for 

Europe, Eurasia and Central Asia’’ for the Russian Federation, 

Armenia, Kazakhstan, and Uzbekistan shall be subject to the regular notification procedures of the Committees on Appropriations. 

(c)(1) Of the funds appropriated under the heading ‘‘Assistance 

for Europe, Eurasia and Central Asia’’ that are allocated for assistance for the Government of the Russian Federation, 60 percent 

shall be withheld from obligation until the President determines 

and certifies in writing to the Committees on Appropriations that 

the Government of the Russian Federation— 

(A) has terminated implementation of arrangements to provide Iran with technical expertise, training, technology, or 

equipment necessary to develop a nuclear reactor, related 

nuclear research facilities or programs, or ballistic missile capability; and 

(B) is providing full access to international non-government 

organizations providing humanitarian relief to refugees and 

internally displaced persons in Chechnya. 

(2) Paragraph (1) shall not apply to— 

(A) assistance to combat infectious diseases, child survival 

activities, or assistance for victims of trafficking in persons; 

and 

(B) activities authorized under title V (Nonproliferation 

and Disarmament Programs and Activities) of the FREEDOM 

Support Act. 

(d) Section 907 of the FREEDOM Support Act shall not apply 

to— 

(1) activities to support democracy or assistance under 

title V of the FREEDOM Support Act and section 1424 of 

Public Law 104–201 or non-proliferation assistance; 

(2) any assistance provided by the Trade and Development 

Agency under section 661 of the Foreign Assistance Act of 

1961 (22 U.S.C. 2421); 

(3) any activity carried out by a member of the United 

States and Foreign Commercial Service while acting within 

his or her official capacity; 

(4) any insurance, reinsurance, guarantee or other assistance provided by the Overseas Private Investment Corporation 

under title IV of chapter 2 of part I of the Foreign Assistance 

Act of 1961 (22 U.S.C. 2191 et seq.); 

(5) any financing provided under the Export-Import Bank 

Act of 1945; or 

(6) humanitarian assistance. 

President. 

Determination. 

Certification. 

Notification. 

President. 

Determination. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 907 

REPRESSION IN THE RUSSIAN FEDERATION

SEC. 7074. (a) None of the funds appropriated under the 

heading ‘‘Assistance for Europe, Eurasia and Central Asia’’ in this 

Act may be made available for the Government of the Russian 

Federation, after 180 days from the date of the enactment of this 

Act, unless the President determines and certifies in writing to 

the Committees on Appropriations that the Government of the 

Russian Federation: (1) has implemented no statute, Executive 

order, regulation or similar government action that would discriminate, or which has as its principal effect discrimination, against 

religious groups or religious communities in the Russian Federation 

in violation of accepted international agreements on human rights 

and religious freedoms to which the Russian Federation is a party; 

and (2) is (A) honoring its international obligations regarding 

freedom of expression, assembly, and press, as well as due process; 

(B) investigating and prosecuting law enforcement personnel 

credibly alleged to have committed human rights abuses against 

political leaders, activists and journalists; and (C) immediately 

releasing political leaders, activists and journalists who remain 

in detention. 

(b) The Secretary of State may waive the requirements of 

subsection (a) if the Secretary determines that to do so is important 

to the national interests of the United States. 

CENTRAL ASIA

SEC. 7075. (a) Funds appropriated by this Act may be made 

available for assistance for the Government of Kazakhstan only 

if the Secretary of State determines and reports to the Committees 

on Appropriations that the Government of Kazakhstan has made 

significant improvements in the protection of human rights and 

civil liberties during the preceding 6 month period, including by 

fulfilling obligations recommended by the Organization for Security 

and Cooperation in Europe (OSCE) in the areas of election procedures, media freedom, freedom of religion, free assembly and 

minority rights, and by meeting the commitments it made in connection with its assumption of the Chairmanship of the OSCE in 

2010. 

(b) The Secretary of State may waive subsection (a) if the 

Secretary determines and reports to the Committees on Appropriations that such a waiver is important to the national security 

of the United States. 

(c) Not later than October 1, 2009, the Secretary of State 

shall submit a report to the Committees on Appropriations 

describing the following: 

(1) The defense articles, defense services, and financial 

assistance provided by the United States to the countries of 

Central Asia during the 12-month period ending 30 days prior 

to submission of such report. 

(2) The use during such period of defense articles, defense 

services, and financial assistance provided by the United States 

by units of the armed forces, border guards, or other security 

forces of such countries. 

(d) For purposes of this section, the term ‘‘countries of Central 

Asia’’ means Uzbekistan, Kazakhstan, Kyrgyz Republic, Tajikistan, 

and Turkmenistan. 

Definition. 

Deadline. 

Waiver authority. 

Kazakhstan. 

Determinations. 

Reports. 

Waiver authority. 

Determination. 

Time period. 

President. 

Determination. 

Certification. 


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123 STAT. 908 PUBLIC LAW 111–8—MAR. 11, 2009 

UZBEKISTAN

SEC. 7076. (a) Funds appropriated by this Act may be made 

available for assistance for the central Government of Uzbekistan 

only if the Secretary of State determines and reports to the Committees on Appropriations that the Government of Uzbekistan is 

making substantial and continuing progress— 

(1) in meeting its commitments under the ‘‘Declaration 

on the Strategic Partnership and Cooperation Framework 

Between the Republic of Uzbekistan and the United States 

of America’’, including respect for internationally recognized 

human rights, establishing a genuine multi-party system, and 

ensuring free and fair elections, freedom of expression, and 

the independence of the media; and 

(2) in investigating and prosecuting the individuals responsible for the deliberate killings of civilians in Andijan in May 

2005. 

(b) If the Secretary of State has credible evidence that any 

current or former official of the Government of Uzbekistan was 

responsible for the deliberate killings of civilians in Andijan in 

May 2005, or for other violations of internationally recognized 

human rights in Uzbekistan, not later than 6 months after enactment of this Act any person identified by the Secretary pursuant 

to this subsection shall be ineligible for admission to the United 

States. 

(c) The restriction in subsection (b) shall cease to apply if 

the Secretary determines and reports to the Committees on Appropriations that the Government of Uzbekistan has taken concrete 

and measurable steps to improve respect for internationally recognized human rights, including allowing peaceful political and religious expression, releasing imprisoned human rights defenders, 

and implementing recommendations made by the United Nations 

on torture. 

(d) The Secretary may waive the application of subsection (b) 

if the Secretary determines that admission to the United States 

is necessary to attend the United Nations or to further United 

States law enforcement objectives. 

(e) For the purpose of this section ‘‘assistance’’ shall include 

excess defense articles. 

AFGHANISTAN

SEC. 7077. Of the funds appropriated under titles III and IV of this Act, not less than $1,041,950,000 should be made available 

for assistance for Afghanistan, of which not less than $100,000,000 

shall be made available to support programs that directly address 

the needs of Afghan women and girls, including for the Afghan 

Independent Human Rights Commission, the Afghan Ministry of 

Women’s Affairs, and for women-led nonprofit organizations in 

Afghanistan. 

ENTERPRISE FUNDS

SEC. 7078. (a) Prior to the distribution of any assets resulting 

from any liquidation, dissolution, or winding up of an Enterprise 

Fund, in whole or in part, the President shall submit to the Committees on Appropriations, in accordance with the regular notification 

President. 

Notification. 

Distribution 

plan. 

Definition. 

Waiver authority. 

Deadline. 

Human rights. 

Determinations. 

Reports. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 909 

procedures of the Committees on Appropriations, a plan for the 

distribution of the assets of the Enterprise Fund. 

(b) Funds made available under titles III through VI of this 

Act for Enterprise Funds shall be expended at the minimum rate 

necessary to make timely payment for projects and activities and 

shall be subject to the regular notification procedures of the 

Committees on Appropriations. 

UNITED NATIONS POPULATION FUND

SEC. 7079. (a) CONTRIBUTION.—Of the funds made available 

under the headings ‘‘International Organizations and Programs’’ 

and ‘‘Global Health and Child Survival’’ in this Act for fiscal year 

2009, $50,000,000 shall be made available for the United Nations 

Population Fund (UNFPA), of which not more than $30,000,000 

shall be derived from funds appropriated under the heading ‘‘International Organizations and Programs’’. 

(b) AVAILABILITY OF FUNDS.—Funds appropriated by this Act 

for UNFPA, that are not made available because of the operation 

of any provision of law, shall be made available to UNFPA notwithstanding any such provision of law, subject to the regular notification procedures of the Committees on Appropriations, only for the 

following purposes and subject to the provisions of this section— 

(1) provide and distribute equipment, medicine, and supplies, including safe delivery kits and hygiene kits, to ensure 

safe childbirth and emergency obstetric care; 

(2) make available supplies of contraceptives for the prevention of unintended pregnancies and the spread of sexually transmitted infections, including HIV/AIDS; 

(3) prevent and treat cases of obstetric fistula; 

(4) reestablish maternal health services in areas where 

medical infrastructure and such services have been destroyed 

or limited by natural disasters, armed conflict, or other factors; 

(5) promote abandonment of female genital mutilation and 

cutting and child marriage; and 

(6) promote access to basic services, including clean water, 

sanitation facilities, food, and health care, for poor women 

and girls. 

(c) PROHIBITION ON USE OF FUNDS IN CHINA.—None of the 

funds made available by this Act may be used by UNFPA for 

a country program in the People’s Republic of China. 

(d) CONDITIONS ON AVAILABILITY OF FUNDS.—Funds made available by this Act for UNFPA may be made available if— 

(1) UNFPA maintains funds made available by this Act 

in an account separate from other accounts of UNFPA and 

does not commingle such funds with other sums; and 

(2) UNFPA does not fund abortions. 

(e) REPORT TO CONGRESS AND WITHOLDING OF FUNDS.— 

(1) Not later than 60 days after the date of enactment 

of this Act, the Secretary of State shall submit a report to 

the Committees on Appropriations indicating the amount of 

funds that the UNFPA is budgeting for the year in which 

the report is submitted for a country program in the People’s 

Republic of China. 

(2) If the report under this subparagraph indicates that 

the UNFPA plans to spend funds for a country program in 

the People’s Republic of China in the year covered by the 

Abortion. 

Notification. 


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report, then the amount of such funds the UNFPA plans to 

spend in the People’s Republic of China shall be deducted 

from the funds made available to the UNFPA after March 

1 for obligation for the remainder of the fiscal year in which 

the report is submitted. 

PROHIBITION ON PUBLICITY OR PROPAGANDA

SEC. 7080. No part of any appropriation contained in this 

Act shall be used for publicity or propaganda purposes within 

the United States not authorized before the date of the enactment 

of this Act by the Congress: Provided, That not to exceed $25,000 

may be made available to carry out the provisions of section 316 

of Public Law 96–533. 

OPIC

(INCLUDING TRANSFER OF FUNDS) 

SEC. 7081. (a) AUTHORITY.—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 September 30, 2009. 

(b) FUNDING.—Whenever the President determines that it is 

in furtherance of the purposes of the Foreign Assistance Act of 

1961, up to a total of $20,000,000 of the funds appropriated under 

title III of this Act may be transferred to, and merged with, funds 

appropriated by this Act for the Overseas Private Investment Corporation Program Account, to be subject to the terms and conditions 

of that account: Provided, That such funds shall not be available 

for administrative expenses of the Overseas Private Investment 

Corporation: Provided further, That designated funding levels in 

this Act shall not be transferred pursuant to this section: Provided 

further, That the exercise of such authority shall be subject to 

the regular notification procedures of the Committees on Appropriations. 

EXTRADITION

SEC. 7082. (a) None of the funds appropriated in this Act 

may be used to provide assistance (other than funds provided under 

the headings ‘‘International Narcotics Control and Law Enforcement’’, ‘‘Migration and Refugee Assistance’’, ‘‘Emergency Migration 

and Refugee Assistance’’, and ‘‘Nonproliferation, Anti-terrorism, 

Demining and Related Assistance’’) for the central government of 

a country which has notified the Department of State of its refusal 

to extradite to the United States any individual indicted for a 

criminal offense for which the maximum penalty is life imprisonment without the possibility of parole or for killing a law enforcement officer, as specified in a United States extradition request. 

(b) Subsection (a) shall only apply to the central government 

of a country with which the United States maintains diplomatic 

relations and with which the United States has an extradition 

treaty and the government of that country is in violation of the 

terms and conditions of the treaty. 

(c) The Secretary of State may waive the restriction in subsection (a) on a case-by-case basis if the Secretary certifies to 

Waiver authority. 

Certification. 

Applicability. 

Notification. 

President. 

Determination. 

Termination 

date. 

22 USC 2194 

note. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 911 

the Committees on Appropriations that such waiver is important 

to the national interests of the United States. 

ENERGY AND ENVIRONMENT

SEC. 7083. (a) CLEAN ENERGY.—Of the funds appropriated by title III of this Act, not less than $100,000,000 shall be made 

available to the United States Agency for International Development (USAID), in addition to funds otherwise made available for 

such purposes, for programs and activities that reduce global 

warming by promoting the sustainable use of renewable energy 

technologies and energy efficient end-use technologies, carbon 

sequestration, and carbon accounting. 

(b) CLIMATE CHANGE ADAPTATION.—Of the funds appropriated by this Act, up to $10,000,000 shall be made available for a United 

States contribution to the Least Developed Countries Fund to support grants for climate change adaptation programs and activities, 

if the Global Environment Facility makes publicly available on 

its website an annual report detailing the criteria used to determine 

which programs and activities receive funds, the manner in which 

such programs and activities meet such criteria, the extent of local 

involvement in such programs and activities, the amount of funds 

provided, and the results achieved. 

(c) BIODIVERSITY.—Of the funds appropriated by title III of 

this Act and by prior Acts for fiscal year 2009, not less than 

$195,000,000 shall be made available for programs and activities 

which directly protect biodiversity, including tropical forests and 

wildlife, in developing countries, of which not less than $25,000,000 

shall be made available for USAID’s conservation programs in 

the Amazon Basin: Provided, That of the funds made available 

under this paragraph, not less than $17,500,000 shall be made 

available for the Congo Basin Forest Partnership of which not 

less than $2,500,000 shall be made available to the United States 

Fish and Wildlife Service for conservation programs in Africa: Provided further, That funds appropriated by this Act to carry out 

the provisions of sections 103 through 106, and chapter 4 of part 

II, of the Foreign Assistance Act of 1961 may be used, notwithstanding any other provision of law, for the purpose of supporting 

tropical forestry and biodiversity conservation activities and energy 

programs aimed at reducing greenhouse gas emissions: Provided 

further, That funds appropriated under the heading ‘‘Development 

Assistance’’ may be made available as a contribution to the Galapagos Invasive Species Fund. 

(d)(1) EXTRACTION OF NATURAL RESOURCES.—The Secretary of 

the Treasury shall inform the managements of the international 

financial institutions and the public that it is the policy of the 

United States to oppose any assistance by such institutions 

(including but not limited to any loan, credit, grant, or guarantee) 

for the extraction and export of oil, gas, coal, timber, or other 

natural resource unless the government of the country has in place 

functioning systems for: (i) accurately accounting for payments for 

companies involved in the extraction and export of natural 

resources; (ii) the independent auditing of accounts receiving such 

payments and the widespread public dissemination of the findings 

of such audits; and (iii) verifying government receipts against company payments including widespread dissemination of such payment information, and disclosing such documents as Host Government Agreements, Concession Agreements, and bidding documents, 

Web posting. 

Deadline. 

Reports. 


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123 STAT. 912 PUBLIC LAW 111–8—MAR. 11, 2009 

allowing in any such dissemination or disclosure for the redaction 

of, or exceptions for, information that is commercially proprietary 

or that would create competitive disadvantage. 

(2) Not later than 180 days after the enactment of this Act, 

the Secretary of the Treasury shall submit a report to the Committees on Appropriations describing, for each international financial 

institution, the amount and type of assistance provided, by country, 

for the extraction and export of oil, gas, coal, timber, or other 

natural resources in the preceeding 12 months, and whether each 

institution considered, in its proposal for such assistance, the extent 

to which the country has functioning systems described in paragraph (1). 

PROHIBITION ON PROMOTION OF TOBACCO

SEC. 7084. None of the funds provided by this Act shall be 

available to promote the sale or export of tobacco or tobacco products, or to seek the reduction or removal by any foreign country 

of restrictions on the marketing of tobacco or tobacco products, 

except for restrictions which are not applied equally to all tobacco 

or tobacco products of the same type. 

COMMERCIAL LEASING OF DEFENSE ARTICLES

SEC. 7085. Notwithstanding any other provision of law, and 

subject to the regular notification procedures of the Committees 

on Appropriations, the authority of section 23(a) of the Arms Export 

Control Act may be used to provide financing to Israel, Egypt 

and NATO and major non-NATO allies for the procurement by 

leasing (including leasing with an option to purchase) of defense 

articles from United States commercial suppliers, not including 

Major Defense Equipment (other than helicopters and other types 

of aircraft having possible civilian application), if the President 

determines that there are compelling foreign policy or national 

security reasons for those defense articles being provided by 

commercial lease rather than by government-to-government sale 

under such Act. 

ANTI-KLEPTOCRACY

SEC. 7086. (a) In furtherance of the National Strategy to Internationalize Efforts Against Kleptocracy and Presidential Proclamation 7750, the Secretary of State shall compile and maintain a 

list of officials of foreign governments and their immediate family 

members who the Secretary has credible evidence have been 

involved in corruption relating to the extraction of natural resources 

in their countries. 

(b) Any individual on the list compiled under subsection (a) 

shall be ineligible for admission to the United States. 

(c) The Secretary may waive the application of subsection (b) 

if the Secretary determines that admission to the United States 

is necessary to attend the United Nations or to further United 

States law enforcement objectives, or that the circumstances which 

caused the individual to be included on the list have changed 

sufficiently to justify the removal of the individual from the list. 

(d) Not later than 90 days after enactment of this Act and 

180 days thereafter, the Secretary of State shall report in writing, 

in classified form if necessary, to the Committees on Appropriations 

Deadlines. 

Reports. 

Classified 

information. 

Waiver authority. 

Determination. 

Records. 

8 USC 1182 note. 

Notification. 

President. 

Determination. 

Deadline. 

Reports. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 913 

describing the evidence of corruption concerning individuals listed 

pursuant to subsection (a). 

TRAINING AND EQUIPMENT REPORTS

SEC. 7087. (a) The annual foreign military training report 

required by section 656 of the Foreign Assistance Act of 1961 

shall be submitted by the Secretary of Defense and the Secretary 

of State to the Committees on Appropriations by the date specified 

in that section. 

(b) Not later than 90 days after enactment of this Act, the 

Secretary of State, in consultation with other relevant United States 

Government agencies, shall submit to the Committees on Appropriations a report detailing the equipment to be purchased with funds 

appropriated or otherwise made available under the headings 

‘‘Andean Counterdrug Programs’’, ‘‘International Narcotics Control 

and Law Enforcement’’, and ‘‘Foreign Military Financing Program’’ 

in this Act: Provided, That such report shall include a description 

of the anticipated costs associated with the operation and maintenance of such equipment in subsequent fiscal years: Provided further, That for the purposes of this subsection, ‘‘equipment’’ shall 

be defined as any aircraft, vessel, boat or vehicle. 

TRANSPARENCY AND ACCOUNTABILITY

SEC. 7088. (a) UNITED NATIONS.—Funds made available by 

this Act shall be made available to continue reform efforts at 

the United Nations: Provided, That not later than September 30, 

2009, the Secretary of State shall submit a report to the Committees 

on Appropriations detailing actions taken by United Nations 

organizations under the headings ‘‘Contributions to International 

Organizations’’ and ‘‘International Organizations and Programs’’ 

to continue reform of United Nations financial management systems 

and program oversight. 

(b) WORLD BANK.—Section 668(c)(1) of the Consolidated Appropriations Act, 2008 (Public Law 110–161) is amended by striking 

‘‘that’’ and inserting ‘‘on the extent to which’’. 

(c) NATIONAL BUDGET TRANSPARENCY.— 

(1) None of the funds appropriated by this Act may be 

made available for assistance for the central government of 

any country that fails to make publicly available on an annual 

basis its national budget, to include income and expenditures. 

(2) The Secretary of State may waive the requirements 

of paragraph (1) on a country-by-country basis if the Secretary 

reports to the Committees on Appropriations that to do so 

is important to the national interest of the United States. 

DISABILITY PROGRAMS

SEC. 7089. (a) Of the funds appropriated by this Act under 

the heading ‘‘Economic Support Fund’’, not less than $4,000,000 

shall be made available for programs and activities administered 

by the United States Agency for International Development 

(USAID) to address the needs and protect the rights of people 

with disabilities in developing countries, and for programs to make 

publicly available information on independent living, advocacy, education, and transportation for people with disabilities and disability 

Waiver authority. 

Reports. 

Public 

information. 

Deadline. 

121 Stat. 2351. 

Deadline. 

Reports. 


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123 STAT. 914 PUBLIC LAW 111–8—MAR. 11, 2009 

advocacy organizations in developing countries, including for the 

cost of translation. 

(b) Funds appropriated under the heading ‘‘Operating 

Expenses’’ in title II of this Act shall be made available to develop 

and implement training for staff in overseas USAID missions to 

promote the full inclusion and equal participation of people with 

disabilities in developing countries. 

(c) The Secretary of State, the Secretary of the Treasury, and 

the USAID Administrator shall seek to ensure that, where appropriate, construction projects funded by this Act are accessible to 

people with disabilities and in compliance with the USAID Policy 

on Standards for Accessibility for the Disabled, or other similar 

accessibility standards. 

(d) Of the funds made available pursuant to subsection (a), 

not more than 7 percent may be for management, oversight and 

technical support. 

ORPHANS, DISPLACED AND ABANDONED CHILDREN

SEC. 7090. Of the funds appropriated under title III of this Act, $3,000,000 should be made available for activities to improve 

the capacity of foreign government agencies and nongovernmental 

organizations to prevent child abandonment, address the needs 

of orphans, displaced and abandoned children and provide permanent homes through family reunification, guardianship and 

domestic adoptions: Provided, That funds made available under 

title III of this Act should be made available, as appropriate, consistent with— 

(1) the goal of enabling children to remain in the care 

of their family of origin, but when not possible, placing children 

in permanent homes through adoption; 

(2) the principle that such placements should be based 

on informed consent which has not been induced by payment 

or compensation; 

(3) the view that long-term foster care or institutionalization are not permanent options and should be used when no 

other suitable permanent options are available; and 

(4) the recognition that programs that protect and support 

families can reduce the abandonment and exploitation of children. 

SRI LANKA

SEC. 7091. (a) None of the funds appropriated by this Act 

under the heading ‘‘Foreign Military Financing Program’’ may be 

made available for assistance for Sri Lanka, no defense export 

license may be issued, and no military equipment or technology 

shall be sold or transferred to Sri Lanka pursuant to the authorities 

contained in this Act or any other Act, until the Secretary of 

State certifies to the Committee on Appropriations that— 

(1) the Sri Lankan military is suspending and the Government of Sri Lanka is bringing to justice members of the military 

who have been credibly alleged to have violated internationally 

recognized human rights or international humanitarian law, 

including complicity in the recruitment of child soldiers; 

(2) the Government of Sri Lanka is providing access to 

humanitarian organizations and journalists throughout the 

country consistent with international humanitarian law; and 

Certification. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 915 

(3) the Government of Sri Lanka has agreed to the 

establishment of a field presence of the Office of the United 

Nations High Commissioner for Human Rights in Sri Lanka 

with sufficient staff and mandate to conduct full and unfettered 

monitoring throughout the country and to publicize its findings. 

(b) Subsection (a) shall not apply to technology or equipment 

made available for the limited purposes of maritime and air surveillance, including communications equipment previously committed 

or approved for the limited purposes of air and maritime surveillance. 

EXPORT-IMPORT BANK RESCISSION

(INCLUDING RESCISSIONS)

SEC. 7092. (a) Of the funds appropriated under the heading 

‘‘Subsidy Appropriation’’ for the Export-Import Bank of the United 

States that are available for tied-aid grants in prior Acts making 

appropriations for foreign operations, export financing, and related 

programs, $17,000,000 are rescinded. 

(b) Of the unobligated balances available under the heading 

‘‘Subsidy Appropriation’’ for the Export-Import Bank of the United 

States in Public Law 109–102, $27,000,000 are rescinded. 

This division may be cited as the ‘‘Department of State, Foreign 

Operations, and Related Programs Appropriations Act, 2009’’. 

DIVISION I—TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATONS 

ACT, 2009 

TITLE I 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY

SALARIES AND EXPENSES

For necessary expenses of the Office of the Secretary, 

$98,248,000, of which not to exceed $2,400,000 shall be available 

for the immediate Office of the Secretary; not to exceed $759,000 

shall be available for the immediate Office of the Deputy Secretary; 

not to exceed $19,838,000 shall be available for the Office of the 

General Counsel; not to exceed $10,107,000 shall be available for 

the Office of the Under Secretary of Transportation for Policy; 

not to exceed $10,200,000 shall be available for the Office of the 

Assistant Secretary for Budget and Programs; not to exceed 

$2,400,000 shall be available for the Office of the Assistant Secretary for Governmental Affairs; not to exceed $26,000,000 shall 

be available for the Office of the Assistant Secretary for Administration; not to exceed $2,020,000 shall be available for the Office 

of Public Affairs; not to exceed $1,595,000 shall be available for 

the Office of the Executive Secretariat; not to exceed $1,369,000 

shall be available for the Office of Small and Disadvantaged Business Utilization; not to exceed $8,675,000 for the Office of Intelligence, Security, and Emergency Response; and not to exceed 

$12,885,000 shall be available for the Office of the Chief Information 

Officer: Provided, That the Secretary of Transportation is authorized Transfer 

authority. 

Transportation, 

Housing and 

Urban 

Development, 

and Related 

Agencies 

Appropriations 

Act, 2009. 

Department of 

Transportation 

Appropriations 

Act, 2009. 


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123 STAT. 916 PUBLIC LAW 111–8—MAR. 11, 2009 

to transfer funds appropriated for any office of the Office of the 

Secretary to any other office of the Office of the Secretary: Provided 

further, That no appropriation for any office shall be increased 

or decreased by more than 5 percent by all such transfers: Provided 

further, That notice of any change in funding greater than 5 percent 

shall be submitted for approval to the House and Senate Committees on Appropriations: Provided further, That not to exceed $60,000 

shall be for allocation within the Department for official reception 

and representation expenses as the Secretary may determine: Provided further, That notwithstanding any other provision of law, 

excluding fees authorized in Public Law 107–71, there may be 

credited to this appropriation up to $2,500,000 in funds received 

in user fees: Provided further, That none of the funds provided 

in this Act shall be available for the position of Assistant Secretary 

for Public Affairs: Provided further, That of the funds provided 

under this heading, $100,000 shall be provided through reimbursement to the Department of Transportation’s Office of Inspector 

General to audit the Working Capital Fund’s financial statements. 

FINANCIAL MANAGEMENT CAPITAL

For necessary expenses for upgrading and enhancing the 

Department of Transportation’s financial systems, and reengineering business processes, $5,000,000, to remain available 

until expended. 

OFFICE OF CIVIL RIGHTS

For necessary expenses of the Office of Civil Rights, $9,384,000. 

TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT

For necessary expenses for conducting transportation planning, 

research, systems development, development activities, and making 

grants, to remain available until expended, $18,300,000. 

WORKING CAPITAL FUND

Necessary expenses for operating costs and capital outlays of 

the Working Capital Fund, not to exceed $128,094,000, shall be 

paid from appropriations made available to the Department of 

Transportation: Provided, That such services shall be provided on 

a competitive basis to entities within the Department of Transportation: Provided further, That the above limitation on operating 

expenses shall not apply to non-DOT entities: Provided further, 

That no funds appropriated in this Act to an agency of the Department shall be transferred to the Working Capital Fund without 

the approval of the agency modal administrator: Provided further, 

That no assessments may be levied against any program, budget 

activity, subactivity or project funded by this Act unless notice 

of such assessments and the basis therefor are presented to the 

House and Senate Committees on Appropriations and are approved 

by such Committees. 

MINORITY BUSINESS RESOURCE CENTER PROGRAM

For the cost of guaranteed loans, $353,000, as authorized by 

49 U.S.C. 332: Provided, That such costs, including the cost of 

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

Notice. 

Audits. 

Notice. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 917 

Congressional Budget Act of 1974: Provided further, That these 

funds are available to subsidize total loan principal, any part of 

which is to be guaranteed, not to exceed $18,367,000. In addition, 

for administrative expenses to carry out the guaranteed loan program, $559,000. 

MINORITY BUSINESS OUTREACH

For necessary expenses of Minority Business Resource Center outreach activities, $3,056,000, to remain available until September 

30, 2010: Provided, That notwithstanding 49 U.S.C. 332, these 

funds may be used for business opportunities related to any mode 

of transportation. 

PAYMENTS TO AIR CARRIERS

(AIRPORT AND AIRWAY TRUST FUND) 

(INCLUDING TRANSFER OF FUNDS) 

In addition to funds made available from any other source 

to carry out the essential air service program under 49 U.S.C. 

41731 through 41742, $73,013,000, to be derived from the Airport 

and Airway Trust Fund, to remain available until expended: Provided, That, in determining between or among carriers competing 

to provide service to a community, the Secretary may consider 

the relative subsidy requirements of the carriers: Provided further, That, if the funds under this heading are insufficient to meet 

the costs of the essential air service program in the current fiscal 

year, the Secretary shall transfer such sums as may be necessary 

to carry out the essential air service program from any available 

amounts appropriated to or directly administered by the Office 

of the Secretary for such fiscal year. 

COMPENSATION FOR AIR CARRIERS

(RESCISSION) 

Of the amounts made available under this heading, all unobligated balances as of the date of enactment of this Act are hereby 

permanently rescinded. 

ADMINISTRATIVE PROVISIONS—OFFICE OF THE SECRETARY OF

TRANSPORTATION

SEC. 101. The Secretary of Transportation is authorized to 

transfer the unexpended balances available for the bonding assistance program from ‘‘Office of the Secretary, Salaries and expenses’’ 

to ‘‘Minority Business Outreach’’. 

SEC. 102. None of the funds made available in this Act to 

the Department of Transportation may be obligated for the Office 

of the Secretary of Transportation to approve assessments or 

reimbursable agreements pertaining to funds appropriated to the 

modal administrations in this Act, except for activities underway 

on the date of enactment of this Act, unless such assessments 

or agreements have completed the normal reprogramming process 

for Congressional notification. 

SEC. 103. None of the funds made available under this Act 

may be obligated or expended to establish or implement a program 

under which essential air service communities are required to 

Assessments. 

Contracts. 

Transfer 

authority. 


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123 STAT. 918 PUBLIC LAW 111–8—MAR. 11, 2009 

assume subsidy costs commonly referred to as the EAS local participation program. 

SEC. 104. The Secretary or his or her designee may engage 

in activities with States and State legislators to consider proposals 

related to the reduction of motorcycle fatalities. 

FEDERAL AVIATION ADMINISTRATION

OPERATIONS

(AIRPORT AND AIRWAY TRUST FUND) 

For necessary expenses of the Federal Aviation Administration, 

not otherwise provided for, including operations and research activities related to commercial space transportation, administrative 

expenses for research and development, establishment of air navigation facilities, the operation (including leasing) and maintenance 

of aircraft, subsidizing the cost of aeronautical charts and maps 

sold to the public, lease or purchase of passenger motor vehicles 

for replacement only, in addition to amounts made available by 

Public Law 108–176, $9,042,467,000, of which $5,238,005,000 shall 

be derived from the Airport and Airway Trust Fund, of which 

not to exceed $7,099,019,000 shall be available for air traffic 

organization activities; not to exceed $1,164,597,000 shall be available for aviation safety activities; not to exceed $14,094,000 shall 

be available for commercial space transportation activities; not to 

exceed $111,004,000 shall be available for financial services activities; not to exceed $96,091,000 shall be available for human 

resources program activities; not to exceed $331,000,000 shall be 

available for region and center operations and regional coordination 

activities; not to exceed $180,859,000 shall be available for staff 

offices; and not to exceed $46,500,000 shall be available for information services: Provided, That not to exceed 2 percent of any budget 

activity, except for aviation safety budget activity, may be transferred to any budget activity under this heading: Provided further, 

That no transfer may increase or decrease any appropriation by 

more than 2 percent: Provided further, That any transfer in excess 

of 2 percent shall be treated as a reprogramming of funds under 

section 405 of this Act and shall not be available for obligation 

or expenditure except in compliance with the procedures set forth 

in that section: Provided further, That the Secretary utilize not 

less than $10,000,000 of the funds provided for aviation safety 

activities to pay for staff increases in the Office of Aviation Flight 

Standards and the Office of Aircraft Certification: Provided further, 

That not later than March 31 of each fiscal year hereafter, the 

Administrator of the Federal Aviation Administration shall transmit 

to Congress an annual update to the report submitted to Congress 

in December 2004 pursuant to section 221 of Public Law 108– 

176: Provided further, That the amount herein appropriated shall 

be reduced by $100,000 for each day after March 31 that such 

report has not been submitted to the Congress: Provided further, 

That funds may be used to enter into a grant agreement with 

a nonprofit standard-setting organization to assist in the development of aviation safety standards: Provided further, That none 

of the funds in this Act shall be available for new applicants 

for the second career training program: Provided further, That 

none of the funds in this Act shall be available for the Federal 

Aviation Administration to finalize or implement any regulation 

User fees. 

Grants. 

Safety standards. 

Fines. 

Deadlines. 

Reports. 

49 USC 44506 

note. 


dkrause on GSDDPC29 with PUBLIC LAWS
PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 919 

that would promulgate new aviation user fees not specifically 

authorized by law after the date of the enactment of this Act: 

Provided further, That there may be credited to this appropriation 

funds received from States, counties, municipalities, foreign authorities, other public authorities, and private sources, for expenses 

incurred in the provision of agency services, including receipts 

for the maintenance and operation of air navigation facilities, and 

for issuance, renewal or modification of certificates, including airman, aircraft, and repair station certificates, or for tests related 

thereto, or for processing major repair or alteration forms: Provided 

further, That of the funds appropriated under this heading, not less than $9,000,000 shall be for the contract tower cost-sharing 

program: Provided further, That none of the funds in this Act 

shall be available for paying premium pay under 5 U.S.C. 5546(a) 

to any Federal Aviation Administration employee unless such 

employee actually performed work during the time corresponding 

to such premium pay: Provided further, That none of the funds 

in this Act for aeronautical charting and cartography are available 

for activities conducted by, or coordinated through, the Working 

Capital Fund: Provided further, That none of the funds in this 

Act may be obligated or expended for an employee of the Federal 

Aviation Administration to purchase a store gift card or gift certificate through use of a Government-issued credit card. 

FACILITIES AND EQUIPMENT

(AIRPORT AND AIRWAY TRUST FUND) 

For necessary expenses, not otherwise provided for, for acquisition, establishment, technical support services, improvement by 

contract or purchase, and hire of air navigation and experimental 

facilities and equipment, as authorized under part A of subtitle 

VII of title 49, United States Code, including initial acquisition 

of necessary sites by lease or grant; engineering and service testing, 

including construction of test facilities and acquisition of necessary 

sites by lease or grant; construction and furnishing of quarters 

and related accommodations for officers and employees of the Federal Aviation Administration stationed at remote localities where 

such accommodations are not available; and the purchase, lease, 

or transfer of aircraft from funds available under this heading, 

including aircraft for aviation regulation and certification; to be 

derived from the Airport and Airway Trust Fund, $2,742,095,000, 

of which $2,281,595,000 shall remain available until September 

30, 2011, and of which $460,500,000 shall remain available until 

September 30, 2009: Provided, That there may be credited to this 

appropriation funds received from States, counties, municipalities, 

other public authorities, and private sources, for expenses incurred 

in the establishment and modernization of air navigation facilities: 

Provided further, That upon initial submission to the Congress 

of the fiscal year 2010 President’s budget, the Secretary of Transportation shall transmit to the Congress a comprehensive capital 

investment plan for the Federal Aviation Administration which 

includes funding for each budget line item for fiscal years 2010 

through 2014, with total funding for each year of the plan constrained to the funding targets for those years as estimated and 

approved by the Office of Management and Budget: Provided further, That the Secretary of Transportation shall conduct an analysis 

that compares the current status of air traffic management and 

Study. 

Submission date. 

Investment plan. 

Premium pay. 


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123 STAT. 920 PUBLIC LAW 111–8—MAR. 11, 2009 

the national airspace system to the planned architecture of the 

‘‘next generation’’ air transportation system: Provided further, That 

upon initial submission to the Congress of the fiscal year 2010 

President’s budget, the Secretary of Transportation shall transmit 

to the Congress an interim architecture for the ‘‘next generation’’ 

air transportation system that establishes a list of priority capabilities to be achieved by 2017 and provides an estimated cost for 

each of those priorities. 

RESEARCH, ENGINEERING, AND DEVELOPMENT

(AIRPORT AND AIRWAY TRUST FUND) 

For necessary expenses, not otherwise provided for, for 

research, engineering, and development, as authorized under part 

A of subtitle VII of title 49, United States Code, including construction of experimental facilities and acquisition of necessary sites 

by lease or grant, $171,000,000, to be derived from the Airport 

and Airway Trust Fund and to remain available until September 

30, 2011: Provided, That there may be credited to this appropriation 

as offsetting collections, funds received from States, counties, 

municipalities, other public authorities, and private sources, which 

shall be available for expenses incurred for research, engineering, 

and development. 

GRANTS-IN-AID FOR AIRPORTS

(LIQUIDATION OF CONTRACT AUTHORIZATION) 

(LIMITATION ON OBLIGATIONS) 

(AIRPORT AND AIRWAY TRUST FUND) 

For liquidation of obligations incurred for grants-in-aid for airport planning and development, and noise compatibility planning 

and programs as authorized under subchapter I of chapter 471 

and subchapter I of chapter 475 of title 49, United States Code, 

and under other law authorizing such obligations; for procurement, 

installation, and commissioning of runway incursion prevention 

devices and systems at airports of such title; for grants authorized 

under section 41743 of title 49, United States Code; and for inspection activities and administration of airport safety programs, 

including those related to airport operating certificates under section 44706 of title 49, United States Code, $3,600,000,000 to be 

derived from the Airport and Airway Trust Fund and to remain 

available until expended: Provided, That none of the funds under 

this heading shall be available for the planning or execution of 

programs the obligations for which are in excess of $3,514,500,000 

in fiscal year 2009, notwithstanding section 47117(g) of title 49, 

United States Code: Provided further, That none of the funds under 

this heading shall be available for the replacement of baggage 

conveyor systems, reconfiguration of terminal baggage areas, or 

other airport improvements that are necessary to install bulk explosive detection systems: Provided further, That notwithstanding any 

other provision of law, of funds limited under this heading, not 

more than $87,454,000 shall be obligated for administration, not 

less than $15,000,000 shall be available for the airport cooperative 

research program, not less than $19,348,000 shall be for Airport 

Technology Research, and $8,000,000, to remain available until 

Explosive 

detection 

systems. 

Submission date. 

Interim 

architecture. 

Cost estimate. 


dkrause on GSDDPC29 with PUBLIC LAWS
PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 921 

expended, shall be available and transferred to ‘‘Office of the Secretary, Salaries and Expenses’’ to carry out the Small Community 

Air Service Development Program. 

(RESCISSION) 

Of the amounts authorized under sections 48103 and 48112 

of title 49, United States Code, $80,000,000 are permanently 

rescinded from amounts authorized for the fiscal year ending September 30, 2009. 

ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION ADMINISTRATION

SEC. 110. None of the funds in this Act may be used to compensate in excess of 600 technical staff-years under the federally 

funded research and development center contract between the Federal Aviation Administration and the Center for Advanced Aviation 

Systems Development during fiscal year 2009. 

SEC. 111. None of the funds in this Act shall be used to 

pursue or adopt guidelines or regulations requiring airport sponsors 

to provide to the Federal Aviation Administration without cost 

building construction, maintenance, utilities and expenses, or space 

in airport sponsor-owned buildings for services relating to air traffic 

control, air navigation, or weather reporting: Provided, That the 

prohibition of funds in this section does not apply to negotiations 

between the agency and airport sponsors to achieve agreement 

on ‘‘below-market’’ rates for these items or to grant assurances 

that require airport sponsors to provide land without cost to the 

FAA for air traffic control facilities. 

SEC. 112. The Administrator of the Federal Aviation Administration may reimburse amounts made available to satisfy 49 U.S.C. 

41742(a)(1) from fees credited under 49 U.S.C. 45303: Provided, 

That during fiscal year 2009, 49 U.S.C. 41742(b) shall not apply, 

and any amount remaining in such account at the close of that 

fiscal year may be made available to satisfy section 41742(a)(1) 

for the subsequent fiscal year. 

SEC. 113. Amounts collected under section 40113(e) of title 

49, United States Code, shall be credited to the appropriation 

current at the time of collection, to be merged with and available 

for the same purposes of such appropriation. 

SEC. 114. None of the funds appropriated or limited by this 

Act may be used to change weight restrictions or prior permission 

rules at Teterboro airport in Teterboro, New Jersey. 

SEC. 115. (a) No funds provided in this Act may be used 

by the Secretary of Transportation to promulgate regulations or 

take any action regarding the scheduling of airline operations at 

any commercial airport in the United States if such regulation 

or action involves: 

(1) the auctioning by the Secretary or the FAA Administrator of rights or permission to conduct airline operations 

at such an airport, 

(2) the implementation by said Secretary or Administrator 

of peak-period or other forms of congestion pricing at such 

an airport, 

(3) either: 

(A) withdrawal by the Secretary or Administrator of 

a right or permission to conduct operations at such an 

Airline 

schedules. 

New Jersey. 


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123 STAT. 922 PUBLIC LAW 111–8—MAR. 11, 2009 

airport (except when the withdrawal is for operational reasons or pursuant to the terms or conditions of such operating right or permission), or 

(B) requiring a carrier to transfer involuntarily any 

such right or permission to another person, 

(4) the charging by the Secretary or Administrator of a 

fee for the right or permission to use navigable airspace at 

such an airport, or 

(5) requiring or providing incentives or disincentives to 

airport proprietors to take such actions themselves. 

(b) Nothing in this section shall be construed to: 

(1) prohibit the Secretary or the Administrator from 

imposing per-operation limitations on airports for the purpose 

of alleviating congestion at such airports, 

(2) prohibit individual airports from implementing peakperiod or other congestion pricing at such airports, consistent 

with regulations pertaining to airport rates and charges, or 

(3) limit the ability of a State, political subdivision of 

a State, or political authority of at least two States that owns 

or operates a commercial airport from carrying out its proprietary powers and rights. 

SEC. 116. None of the funds limited by this Act for grants 

under the Airport Improvement Program shall be made available 

to the sponsor of a commercial service airport if such sponsor 

fails to agree to a request from the Secretary of Transportation 

for cost-free space in a non-revenue producing, public use area 

of the airport terminal or other airport facilities for the purpose 

of carrying out a public service air passenger rights and consumer 

outreach campaign. 

SEC. 117. Within 60 days of the publication date of any Government Accountability Office report reviewing the Federal Aviation 

Administration’s project to redesign the airspace over the New 

York, New Jersey, and Philadelphia region, the Administrator of 

the Federal Aviation Administration shall report in writing to the 

Committee on Appropriations and the Committee on Commerce, 

Science, and Transportation, on actions the agency intends to take 

in order to address any concerns and recommendations identified 

in the Government Accountability Office report. 

SEC. 118. The Secretary shall apportion to the sponsor of an 

airport that received scheduled or unscheduled air service from 

a large certified air carrier (as defined in part 241 of title 14 

Code of Federal Regulations, or such other regulations as may 

be issued by the Secretary under the authority of section 41709) 

an amount equal to the minimum apportionment specified in 49 

U.S.C. 47114(c), if the Secretary determines that airport had more 

than 10,000 passenger boardings in the preceding calendar year, 

based on data submitted to the Secretary under part 241 of title 

14, Code of Federal Regulations. 

FEDERAL HIGHWAY ADMINISTRATION

LIMITATION ON ADMINISTRATIVE EXPENSES

(INCLUDING TRANSFER OF FUNDS) 

Not to exceed $390,000,000, together with advances and 

reimbursements received by the Federal Highway Administration, 

shall be paid in accordance with law from appropriations made 

Apportionment. 

Deadline. 

Reports. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 923 

available by this Act to the Federal Highway Administration for 

necessary expenses for administration and operation. In addition, 

not to exceed $3,524,000 shall be paid from appropriations made 

available by this Act and transferred to the Department of 

Transportation’s Office of Inspector General for costs associated 

with audits and investigations of projects and programs of the 

Federal Highway Administration, and not to exceed $300,000 shall 

be paid from appropriations made available by this Act and provided 

to that office through reimbursement to conduct the annual audits 

of financial statements in accordance with section 3521 of title 

31, United States Code. In addition, not to exceed $3,124,000 shall 

be paid from appropriations made available by this Act and transferred to the Appalachian Regional Commission in accordance with 

section 104 of title 23, United States Code. 

FEDERAL-AID HIGHWAYS

(LIMITATION ON OBLIGATIONS) 

(HIGHWAY TRUST FUND) 

None of the funds in this Act shall be available for the 

implementation or execution of programs, the obligations for which 

are in excess of $40,700,000,000 for Federal-aid highways and highway safety construction programs for fiscal year 2009: Provided, 

That within the $40,700,000,000 obligation limitation on Federalaid highways and highway safety construction programs, not more 

than $429,800,000 shall be available for the implementation or 

execution of programs for transportation research (chapter 5 of 

title 23, United States Code; sections 111, 5505, and 5506 of title 

49, United States Code; and title 5 of Public Law 109–59) for 

fiscal year 2009: Provided further, That this limitation on transportation research programs shall not apply to any authority previously 

made available for obligation: Provided further, That the Secretary 

may, as authorized by section 605(b) of title 23, United States 

Code, collect and spend fees to cover the costs of services of expert 

firms, including counsel, in the field of municipal and project finance 

to assist in the underwriting and servicing of Federal credit 

instruments and all or a portion of the costs to the Federal Government of servicing such credit instruments: Provided further, That 

such fees are available until expended to pay for such costs: Provided further, That such amounts are in addition to administrative 

expenses that are also available for such purpose, and are not 

subject to any obligation limitation or the limitation on administrative expenses under section 608 of title 23, United States Code. 

(LIQUIDATION OF CONTRACT AUTHORIZATION) 

(HIGHWAY TRUST FUND) 

For carrying out the provisions of title 23, United States Code, 

that are attributable to Federal-aid highways, not otherwise provided, including reimbursement for sums expended pursuant to 

the provisions of 23 U.S.C. 308, $41,439,000,000 or so much thereof 

as may be available in and derived from the Highway Trust Fund 

(other than the Mass Transit Account), to remain available until 

expended. 

23 USC 104 note. 


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123 STAT. 924 PUBLIC LAW 111–8—MAR. 11, 2009 

(RESCISSION) 

(HIGHWAY TRUST FUND) 

Of the unobligated balances of funds apportioned to each State under chapter 1 of title 23, United States Code, $3,150,000,000 

are permanently rescinded: Provided, That such rescission shall 

not apply to the funds distributed in accordance with sections 

130(f) and 104(b)(5) of title 23, United States Code; sections 

133(d)(1) and 163 of such title, as in effect on the day before 

the date of enactment of Public Law 109–59; and the first sentence 

of section 133(d)(3)(A) of such title: Provided further, That notwithstanding section 1132 of Public Law 110–140, in administering 

the rescission required under this heading, the Secretary of 

Transportation shall allow each State to determine the amount 

of the required rescission to be drawn from the programs to which 

the rescission applies. 

APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM

For necessary expenses for West Virginia corridor H of the 

Appalachian Development Highway System as authorized under 

section 1069(y) of Public Law 102–240, as amended, $9,500,000, 

to remain available until expended. 

DENALI ACCESS SYSTEM PROGRAM

For necessary expenses for the Denali Access System Program 

as authorized under section 1960 of Public Law 109–59, $5,700,000, 

to remain available until expended. 

ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY ADMINISTRATION

(INCLUDING RESCISSIONS) 

SEC. 120. (a) For fiscal year 2009, the Secretary of Transportation shall— 

(1) not distribute from the obligation limitation for Federalaid highways amounts authorized for administrative expenses 

and programs by section 104(a) of title 23, United States Code; 

programs funded from the administrative takedown authorized 

by section 104(a)(1) of title 23, United States Code (as in 

effect on the date before the date of enactment of the Safe, 

Accountable, Flexible, Efficient Transportation Equity Act: A 

Legacy for Users); the highway use tax evasion program; and 

the Bureau of Transportation Statistics; 

(2) not distribute an amount from the obligation limitation 

for Federal-aid highways that is equal to the unobligated balance of amounts made available from the Highway Trust Fund 

(other than the Mass Transit Account) for Federal-aid highways 

and highway safety programs for previous fiscal years the funds 

for which are allocated by the Secretary; 

(3) determine the ratio that— 

(A) the obligation limitation for Federal-aid highways, 

less the aggregate of amounts not distributed under paragraphs (1) and (2), bears to 

(B) the total of the sums authorized to be appropriated 

for Federal-aid highways and highway safety construction 

programs (other than sums authorized to be appropriated 

23 USC 104 note. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 925 

for provisions of law described in paragraphs (1) through 

(9) of subsection (b) and sums authorized to be appropriated 

for section 105 of title 23, United States Code, equal to 

the amount referred to in subsection (b)(10) for such fiscal 

year), less the aggregate of the amounts not distributed 

under paragraphs (1) and (2) of this subsection; 

(4)(A) distribute the obligation limitation for Federal-aid 

highways, less the aggregate amounts not distributed under 

paragraphs (1) and (2), for sections 1301, 1302, and 1934 of 

the Safe, Accountable, Flexible, Efficient Transportation Equity 

Act: A Legacy for Users; sections 117 (but individually for 

each project numbered 1 through 3676 listed in the table contained in section 1702 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users) and section 144(g) of title 23, United States Code; and section 14501 

of title 40, United States Code, so that the amount of obligation 

authority available for each of such sections is equal to the 

amount determined by multiplying the ratio determined under 

paragraph (3) by the sums authorized to be appropriated for 

that section for the fiscal year; and 

(B) distribute $2,000,000,000 for section 105 of title 23, 

United States Code; 

(5) distribute the obligation limitation provided for Federalaid highways, less the aggregate amounts not distributed under 

paragraphs (1) and (2) and amounts distributed under paragraph (4), for each of the programs that are allocated by the 

Secretary under the Safe, Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for Users and title 23, 

United States Code (other than to programs to which paragraphs (1) and (4) apply), by multiplying the ratio determined 

under paragraph (3) by the amounts authorized to be appropriated for each such program for such fiscal year; and 

(6) distribute the obligation limitation provided for Federalaid highways, less the aggregate amounts not distributed under 

paragraphs (1) and (2) and amounts distributed under paragraphs (4) and (5), for Federal-aid highways and highway safety 

construction programs (other than the amounts apportioned 

for the equity bonus program, but only to the extent that 

the amounts apportioned for the equity bonus program for 

the fiscal year are greater than $2,639,000,000, and the Appalachian development highway system program) that are apportioned by the Secretary under the Safe, Accountable, Flexible, 

Efficient Transportation Equity Act: A Legacy for Users and 

title 23, United States Code, in the ratio that— 

(A) amounts authorized to be appropriated for such 

programs that are apportioned to each State for such fiscal 

year, bear to 

(B) the total of the amounts authorized to be appropriated for such programs that are apportioned to all States 

for such fiscal year. 

(b) EXCEPTIONS FROM OBLIGATION LIMITATION.—The obligation 

limitation for Federal-aid highways shall not apply to obligations: 

(1) under section 125 of title 23, United States Code; (2) under 

section 147 of the Surface Transportation Assistance Act of 1978; 

(3) under section 9 of the Federal-Aid Highway Act of 1981; (4) 

under subsections (b) and (j) of section 131 of the Surface Transportation Assistance Act of 1982; (5) under subsections (b) and (c) 


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123 STAT. 926 PUBLIC LAW 111–8—MAR. 11, 2009 

of section 149 of the Surface Transportation and Uniform Relocation 

Assistance Act of 1987; (6) under sections 1103 through 1108 of 

the Intermodal Surface Transportation Efficiency Act of 1991; (7) 

under section 157 of title 23, United States Code, as in effect 

on the day before the date of the enactment of the Transportation 

Equity Act for the 21st Century; (8) under section 105 of title 

23, United States Code, as in effect for fiscal years 1998 through 

2004, but only in an amount equal to $639,000,000 for each of 

those fiscal years; (9) for Federal-aid highway programs for which 

obligation authority was made available under the Transportation 

Equity Act for the 21st Century or subsequent public laws for 

multiple years or to remain available until used, but only to the 

extent that the obligation authority has not lapsed or been used; 

(10) under section 105 of title 23, United States Code, but only 

in an amount equal to $639,000,000 for each of fiscal years 2005 

through 2009; and (11) under section 1603 of the Safe, Accountable, 

Flexible, Efficient Transportation Equity Act: A Legacy for Users, 

to the extent that funds obligated in accordance with that section 

were not subject to a limitation on obligations at the time at 

which the funds were initially made available for obligation. 

(c) REDISTRIBUTION OF UNUSED OBLIGATION AUTHORITY.—Notwithstanding subsection (a), the Secretary shall, after August 1 

of such fiscal year, revise a distribution of the obligation limitation 

made available under subsection (a) if the amount distributed 

cannot be obligated during that fiscal year and redistribute sufficient amounts to those States able to obligate amounts in addition 

to those previously distributed during that fiscal year, giving priority to those States having large unobligated balances of funds 

apportioned under sections 104 and 144 of title 23, United States 

Code. 

(d) APPLICABILITY OF OBLIGATION LIMITATIONS TO TRANSPORTATION RESEARCH PROGRAMS.—The obligation limitation shall apply 

to transportation research programs carried out under chapter 5 

of title 23, United States Code, and title V (research title) of 

the Safe, Accountable, Flexible, Efficient Transportation Equity Act: 

A Legacy for Users, except that obligation authority made available 

for such programs under such limitation shall remain available 

for a period of 3 fiscal years and shall be in addition to the 

amount of any limitation imposed on obligations for Federal-aid 

highway and highway safety construction programs for future fiscal 

years. 

(e) REDISTRIBUTION OF CERTAIN AUTHORIZED FUNDS.— 

(1) IN GENERAL.—Not later than 30 days after the date 

of the distribution of obligation limitation under subsection 

(a), the Secretary shall distribute to the States any funds 

that— 

(A) are authorized to be appropriated for such fiscal 

year for Federal-aid highways programs; and 

(B) the Secretary determines will not be allocated to 

the States, and will not be available for obligation, in 

such fiscal year due to the imposition of any obligation 

limitation for such fiscal year. 

(2) RATIO.—Funds shall be distributed under paragraph 

(1) in the same ratio as the distribution of obligation authority 

under subsection (a)(6). 

Deadline. 

Distribution 

date. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 927 

(3) AVAILABILITY.—Funds distributed under paragraph (1) 

shall be available for any purposes described in section 133(b) 

of title 23, United States Code. 

(f) SPECIAL LIMITATION CHARACTERISTICS.—Obligation limitation distributed for a fiscal year under subsection (a)(4) for the 

provision specified in subsection (a)(4) shall— 

(1) remain available until used for obligation of funds for 

that provision; and 

(2) be in addition to the amount of any limitation imposed 

on obligations for Federal-aid highway and highway safety 

construction programs for future fiscal years. 

(g) HIGH PRIORITY PROJECT FLEXIBILITY.— 

(1) IN GENERAL.—Subject to paragraph (2), obligation 

authority distributed for such fiscal year under subsection (a)(4) 

for each project numbered 1 through 3676 listed in the table 

contained in section 1702 of the Safe, Accountable, Flexible, 

Efficient Transportation Equity Act: A Legacy for Users may 

be obligated for any other project in such section in the same 

State. 

(2) RESTORATION.—Obligation authority used as described 

in paragraph (1) shall be restored to the original purpose on 

the date on which obligation authority is distributed under 

this section for the next fiscal year following obligation under 

paragraph (1). 

(h) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this 

section shall be construed to limit the distribution of obligation 

authority under subsection (a)(4)(A) for each of the individual 

projects numbered greater than 3676 listed in the table contained 

in section 1702 of the Safe, Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for Users. 

SEC. 121. Notwithstanding 31 U.S.C. 3302, funds received by 

the Bureau of Transportation Statistics from the sale of data products, for necessary expenses incurred pursuant to 49 U.S.C. 111 

may be credited to the Federal-aid highways account for the purpose 

of reimbursing the Bureau for such expenses: Provided, That such 

funds shall be subject to the obligation limitation for Federalaid highways and highway safety construction. 

SEC. 122. In addition to amounts provided in this or any other 

Act for fiscal year 2009, $143,031,303, to be derived from the 

Highway Trust Fund (other than the Mass Transit Account), shall 

be available for the Transportation, Community, and System 

Preservation Program under section 1117 of the Safe, Accountable, 

Flexible, Efficient Transportation Equity Act: A Legacy for Users 

(Pub. L. 109–59; 119 Stat. 1144, 1177–1179): Provided, That all 

funds made available under this section shall be subject to any 

limitation on obligations for Federal-aid highways and highway 

safety construction programs set forth in this Act or any other 

Act: Provided further, That such funds shall be administered in 

accordance with section 1117(g)(2) of the Safe, Accountable, Flexible, 

Efficient Transportation Equity Act: A Legacy for Users. 

SEC. 123. Of the amounts made available under section 104(a) 

of title 23, United States Code, $33,401,492 are permanently 

rescinded. 

SEC. 124. Of the unobligated balances of funds made available 

in fiscal year 2005 and prior fiscal years for the implementation 

or execution of programs for transportation research, training and 


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123 STAT. 928 PUBLIC LAW 111–8—MAR. 11, 2009 

education, and technology deployment including intelligent 

transportation systems, $11,756,527 are permanently rescinded. 

SEC. 125. There is hereby appropriated to the Secretary of 

Transportation $161,326,625 for surface transportation priorities: 

Provided, That the amount provided by this section shall be made 

available for the programs, projects and activities identified under 

this section in the explanatory statement accompanying this Act: 

Provided further, That funds provided by this section, at the request 

of a State, shall be transferred by the Secretary to another Federal 

agency: Provided further, That the Federal share payable on account 

of any program, project, or activity carried out with funds set 

aside by this section shall be 100 percent: Provided further, That 

the sums set aside by this section shall remain available until 

expended: Provided further, That none of the funds set aside by 

this section shall be subject to any limitation on obligations for 

Federal-aid highways and highway safety construction programs 

set forth in this Act or any other Act. 

SEC. 126. Not less than 15 days prior to waiving, under his 

or her statutory authority, any Buy America requirement for Federal-aid highway projects, the Secretary of Transportation shall 

make an informal public notice and comment opportunity on the 

intent to issue such waiver and the reasons therefor: Provided, 

That the Secretary shall provide an annual report to the Appropriations Committees of the Congress on any waivers granted under 

the Buy America requirements. 

SEC. 127. Notwithstanding any other provision of law, funds 

made available in Public Law 110–161 for ‘‘Bridge over Broadway, 

Missoula to Rattlesnake National Recreation Area, MT’’ shall be 

available for a new pedestrian and bicycle-friendly at-grade crossing 

of East Broadway Street in Missoula, Montana. 

SEC. 128. (a) IN GENERAL.—Except as provided in subsection 

(b), none of the funds made available, limited, or otherwise affected 

by this Act shall be used to approve or otherwise authorize the 

imposition of any toll on any segment of highway located on the 

Federal-aid system in the State of Texas that— 

(1) as of the date of enactment of this Act, is not tolled; 

(2) is constructed with Federal assistance provided under 

title 23, United States Code; and 

(3) is in actual operation as of the date of enactment 

of this Act. 

(b) EXCEPTIONS.— 

(1) NUMBER OF TOLL LANES.—Subsection (a) shall not apply 

to any segment of highway on the Federal-aid system described 

in that subsection that, as of the date on which a toll is 

imposed on the segment, will have the same number of nontoll lanes as were in existence prior to that date. 

(2) HIGH-OCCUPANCY VEHICLE LANES.—A high-occupancy 

vehicle lane that is converted to a toll lane shall not be subject 

to this section, and shall not be considered to be a non-toll 

lane for purposes of determining whether a highway will have 

fewer non-toll lanes than prior to the date of imposition of 

the toll, if— 

(A) high-occupancy vehicles occupied by the number 

of passengers specified by the entity operating the toll 

lane may use the toll lane without paying a toll, unless 

Texas. 

Montana. 

Reports. 

Deadline. 

Notice. 

Public comments. 

23 USC 313 note. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 929 

otherwise specified by the appropriate county, town, municipal or other local government entity, or public toll road 

or transit authority; or 

(B) each high-occupancy vehicle lane that was converted to a toll lane was constructed as a temporary lane 

to be replaced by a toll lane under a plan approved by 

the appropriate county, town, municipal or other local 

government entity, or public toll road or transit authority. 

SEC. 129. (a) In the explanatory statement referenced in section 

129 of division K of Public Law 110–161 (121 Stat. 2388), the 

item relating to ‘‘Route 116 and Bay Road Intersection and Road 

Improvements, Amherst, MA’’ in the table of projects for such 

section 129 is deemed to be amended by inserting ‘‘, including 

Bike, Pedestrian, or Other Off Road Paths’’ after ‘‘Improvements’’. 

(b) In the explanatory statement referenced in section 129 

of division K of Public Law 110–161 (121 Stat. 2388), the item 

relating to ‘‘Highway 77 Rail Grade Separation, Marion, AR’’, in 

the table of projects for such section 129 is deemed to be amended 

by striking ‘‘Highway 77 Rail Grade Separation, Marion, AR’’ and 

inserting ‘‘BNSF main line overpass within the Marion, Arkansas, 

planning jurisdiction’’. 

(c) In the explanatory statement referenced in section 186 of 

division K of Public Law 110–161 (121 Stat. 2406), in the table 

of projects under the heading ‘‘Federal Highway Administration— 

Federal-Aid Highways (Limitation on Obligations)—Federal Lands’’ 

in division K of such explanatory statement, the item relating 

to ‘‘U.S. Forest Highway 4, Winston County, Alabama’’ is deemed 

to be amended by striking ‘‘Highway 4’’ and inserting ‘‘Highway 

9’’. 

(d) In the explanatory statement referenced in section 186 

of division K of Public Law 110–161 (121 Stat. 2406), the item 

relating to ‘‘Street Improvements in Burnham, IL’’ in the table 

of projects under the heading ‘‘Transportation, Community and 

System Preservation Program’’ is deemed to be amended by striking 

‘‘Street Improvements in Burnham, IL’’ and inserting ‘‘Repair of 

Side Streets and Relocation of Water Mains resulting from rerouting 

of traffic and reconstruction of 159th Street in Harvey, IL’’. 

(e) In the explanatory statement referenced in section 186 

of division K of Public Law 110–161 (121 Stat. 2406), the item 

relating to ‘‘Street Improvements in Thornton, IL’’ in the table 

of projects under the heading ‘‘Transportation, Community and 

System Preservation Program’’ is deemed to be amended by striking 

‘‘Street Improvements in Thornton, IL’’ and inserting ‘‘Engineering, 

Right-of-Way, and Construction of Joe Orr Road Extension and 

Main Street Project in Lynwood, IL’’. 

(f) Funds made available from the amount appropriated under 

the heading ‘‘Federal Highway Administration—Highway Demonstration Projects’’ of title I of the Department of Transportation 

and Related Agencies Appropriations Act, 1992 (Public Law 102– 

143) for the Miller Highway from 59th Street to 72nd Street, 

west side of Manhattan, New York, and from the amount appropriated under the heading ‘‘Federal Highway Administration—Highway Projects’’ of title I of the Department of Transportation and 

Related Agencies Appropriations Act, 1993 (Public Law 102–388) 

for design improvements on Miller Highway, New York City, New 

York, shall be made available for the project specified in item 

4599 of section 1702 of SAFETEA–LU (Public Law 109–59), as 


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123 STAT. 930 PUBLIC LAW 111–8—MAR. 11, 2009 

amended by the SAFETEA–LU Technical Corrections Act of 2008 

(Public Law 110–244). 

SEC. 130. Notwithstanding any other provision of law, any 

unexpended amounts available for obligation for item number 48 

under section 1106(b) of Public Law 102–240 (105 Stat. 2046) for 

the Southern State Parkway Improvement project shall be available 

for obligation and expenditure on the I–90 connector, Rensselaer 

County, New York, including reimbursement for expenses incurred 

on such connector prior to the date of enactment of this section. 

SEC. 131. (a) The table contained in section 1702 of the Safe, 

Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 

for Users (119 Stat. 1256) is amended by striking the project 

description for item number 189 and inserting the following: ‘‘Planning, design, engineering, environmental analysis, acquisition of 

rights-of-way, and construction for the Long Valley Bypass’’. 

(b) The table contained in section 1702 of the Safe, Accountable, 

Flexible, Efficient Transportation Equity Act: A Legacy for Users 

(119 Stat. 1256) is amended by striking the project description 

for item number 3546 and inserting the following: ‘‘Port of Coos 

Bay to acquire and repair the Coos Bay Line’’. 

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS

(LIQUIDATION OF CONTRACT AUTHORIZATION) 

(LIMITATION ON OBLIGATIONS) 

(HIGHWAY TRUST FUND) 

(INCLUDING RESCISSION) 

For payment of obligations incurred for administration of motor 

carrier safety operations and programs pursuant to section 31104(i) 

of title 49, United States Code, and sections 4127 and 4134 of 

Public Law 109–59, $234,000,000, to be derived from the Highway 

Trust Fund (other than the Mass Transit Account), together with 

advances and reimbursements received by the Federal Motor Carrier Safety Administration, the sum of which shall remain available 

until expended: Provided, That none of the funds derived from 

the Highway Trust Fund in this Act shall be available for the 

implementation, execution or administration of programs, the 

obligations for which are in excess of $234,000,000, for ‘‘Motor 

Carrier Safety Operations and Programs’’, of which $8,500,000, 

to remain available for obligation until September 30, 2011, is 

for the research and technology program and $1,000,000 shall be 

available for commercial motor vehicle operator’s grants to carry 

out section 4134 of Public Law 109–59: Provided further, That 

notwithstanding any other provision of law, none of the funds 

under this heading for outreach and education shall be available 

for transfer: Provided further, That the Federal Motor Carrier 

Safety Administration shall transmit to Congress a report on March 

30, 2009 and September 30, 2009 on the agency’s ability to meet 

its requirement to conduct compliance reviews on high-risk carriers: 

Provided further, That $4,839,259 in unobligated balances are 

permanently rescinded. 

Reports. 

Deadlines. 

New York. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 931 

MOTOR CARRIER SAFETY GRANTS

(LIQUIDATION OF CONTRACT AUTHORIZATION) 

(LIMITATION ON OBLIGATIONS) 

(HIGHWAY TRUST FUND) 

(INCLUDING RESCISSION) 

For payment of obligations incurred in carrying out sections 

31102, 31104(a), 31106, 31107, 31109, 31309, 31313 of title 49, 

United States Code, and sections 4126 and 4128 of Public Law 

109–59, $307,000,000, to be derived from the Highway Trust Fund 

(other than the Mass Transit Account) and to remain available 

until expended: Provided, That none of the funds in this Act shall 

be available for the implementation or execution of programs, the 

obligations for which are in excess of $307,000,000, for ‘‘Motor 

Carrier Safety Grants’’; of which $209,000,000 shall be available 

for the motor carrier safety assistance program to carry out sections 

31102 and 31104(a) of title 49, United States Code; $25,000,000 

shall be available for the commercial driver’s license improvements 

program to carry out section 31313 of title 49, United States Code; 

$32,000,000 shall be available for the border enforcement grants 

program to carry out section 31107 of title 49, United States Code; 

$5,000,000 shall be available for the performance and registration 

information system management program to carry out sections 

31106(b) and 31109 of title 49, United States Code; $25,000,000 

shall be available for the commercial vehicle information systems 

and networks deployment program to carry out section 4126 of 

Public Law 109–59; $3,000,000 shall be available for the safety 

data improvement program to carry out section 4128 of Public 

Law 109–59; and $8,000,000 shall be available for the commercial 

driver’s license information system modernization program to carry 

out section 31309(e) of title 49, United States Code: Provided further, That of the funds made available for the motor carrier safety 

assistance program, $29,000,000 shall be available for audits of 

new entrant motor carriers: Provided further, That $6,502,558 in 

unobligated balances are permanently rescinded. 

MOTOR CARRIER SAFETY

(HIGHWAY TRUST FUND) 

(RESCISSION) 

Of the amounts made available under this heading in prior appropriations Acts, $2,231,259 in unobligated balances are permanently rescinded. 

NATIONAL MOTOR CARRIER SAFETY PROGRAM

(HIGHWAY TRUST FUND) 

(RESCISSION) 

Of the amounts made available under this heading in prior 

appropriations Acts, $19,571,910 in unobligated balances are permanently rescinded. 


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123 STAT. 932 PUBLIC LAW 111–8—MAR. 11, 2009 

ADMINISTRATIVE PROVISIONS—FEDERAL MOTOR CARRIER SAFETY

ADMINISTRATION

SEC. 135. Funds appropriated or limited in this Act shall be 

subject to the terms and conditions stipulated in section 350 of 

Public Law 107–87 and section 6901 of Public Law 110–28, 

including that the Secretary submit a report to the House and 

Senate Appropriations Committees annually on the safety and security of transportation into the United States by Mexico-domiciled 

motor carriers. 

SEC. 136. None of the funds appropriated or otherwise made 

available under this Act may be used, directly or indirectly, to 

establish, implement, continue, promote, or in any way permit 

a cross-border motor carrier demonstration program to allow Mexican-domiciled motor carriers to operate beyond the commercial 

zones along the international border between the United States 

and Mexico, including continuing, in whole or in part, any such 

program that was initiated prior to the date of the enactment 

of this Act. 

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

OPERATIONS AND RESEARCH

For expenses necessary to discharge the functions of the Secretary, with respect to traffic and highway safety under subtitle 

C of title X of Public Law 109–59 and chapter 301 and part C 

of subtitle VI of title 49, United States Code, $127,000,000, of 

which $31,670,000 shall remain available until September 30, 2010: 

Provided, That none of the funds appropriated by this Act may 

be obligated or expended to plan, finalize, or implement any rulemaking to add to section 575.104 of title 49 of the Code of Federal 

Regulations any requirement pertaining to a grading standard that 

is different from the three grading standards (treadwear, traction, 

and temperature resistance) already in effect. 

OPERATIONS AND RESEARCH

(LIQUIDATION OF CONTRACT AUTHORIZATION) 

(LIMITATION ON OBLIGATIONS) 

(HIGHWAY TRUST FUND) 

For payment of obligations incurred in carrying out the provisions of 23 U.S.C. 403, $105,500,000 to be derived from the Highway 

Trust Fund (other than the Mass Transit Account) and to remain 

available until expended: Provided, That none of the funds in this 

Act shall be available for the planning or execution of programs 

the total obligations for which, in fiscal year 2009, are in excess 

of $105,500,000 for programs authorized under 23 U.S.C. 403: Provided further, That within the $105,500,000 obligation limitation 

for operations and research, $26,908,000 shall remain available 

until September 30, 2010 and shall be in addition to the amount 

of any limitation imposed on obligations for future years. 

Reports. 

Deadline. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 933 

NATIONAL DRIVER REGISTER

(LIQUIDATION OF CONTRACT AUTHORIZATION) 

(LIMITATION ON OBLIGATIONS) 

(HIGHWAY TRUST FUND) 

For payment of obligations incurred in carrying out chapter 303 of title 49, United States Code, $4,000,000, to be derived from 

the Highway Trust Fund (other than the Mass Transit Account) 

and to remain available until expended: Provided, That none of 

the funds in this Act shall be available for the implementation 

or execution of programs the total obligations for which, in fiscal 

year 2009, are in excess of $4,000,000 for the National Driver 

Register authorized under such chapter. 

HIGHWAY TRAFFIC SAFETY GRANTS

(LIQUIDATION OF CONTRACT AUTHORIZATION) 

(LLIMITATION ON OBLIGATIONS) 

(HIGHWAY TRUST FUND) 

For payment of obligations incurred in carrying out the provisions of 23 U.S.C. 402, 405, 406, 408, and 410 and sections 

2001(a)(11), 2009, 2010, and 2011 of Public Law 109–59, to remain 

available until expended, $619,500,000 to be derived from the Highway Trust Fund (other than the Mass Transit Account): Provided, 

That none of the funds in this Act shall be available for the 

planning or execution of programs the total obligations for which, 

in fiscal year 2009, are in excess of $619,500,000 for programs 

authorized under 23 U.S.C. 402, 405, 406, 408, and 410 and sections 

2001(a)(11), 2009, 2010, and 2011 of Public Law 109–59, of which 

$235,000,000 shall be for ‘‘Highway Safety Programs’’ under 23 

U.S.C. 402; $25,000,000 shall be for ‘‘Occupant Protection Incentive 

Grants’’ under 23 U.S.C. 405; $124,500,000 shall be for ‘‘Safety 

Belt Performance Grants’’ under 23 U.S.C. 406, and such obligation 

limitation shall remain available until September 30, 2010 in 

accordance with subsection (f) of such section 406 and shall be 

in addition to the amount of any limitation imposed on obligations 

for such grants for future fiscal years; $34,500,000 shall be for 

‘‘State Traffic Safety Information System Improvements’’ under 23 

U.S.C. 408; $139,000,000 shall be for ‘‘Alcohol-Impaired Driving 

Countermeasures Incentive Grant Program’’ under 23 U.S.C. 410; 

$18,500,000 shall be for ‘‘Administrative Expenses’’ under section 

2001(a)(11) of Public Law 109–59; $29,000,000 shall be for ‘‘High 

Visibility Enforcement Program’’ under section 2009 of Public Law 

109–59; $7,000,000 shall be for ‘‘Motorcyclist Safety’’ under section 

2010 of Public Law 109–59; and $7,000,000 shall be for ‘‘Child 

Safety and Child Booster Seat Safety Incentive Grants’’ under section 2011 of Public Law 109–59: Provided further, That none of 

these funds shall be used for construction, rehabilitation, or remodeling costs, or for office furnishings and fixtures for State, local 

or private buildings or structures: Provided further, That not to 

exceed $500,000 of the funds made available for section 410 

‘‘Alcohol-Impaired Driving Countermeasures Grants’’ shall be available for technical assistance to the States: Provided further, That 


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123 STAT. 934 PUBLIC LAW 111–8—MAR. 11, 2009 

not to exceed $750,000 of the funds made available for the ‘‘High 

Visibility Enforcement Program’’ shall be available for the evaluation required under section 2009(f) of Public Law 109–59. 

ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY TRAFFIC SAFETY

ADMINISTRATION

(INCLUDING RESCISSIONS) 

SEC. 140. Notwithstanding any other provision of law or limitation on the use of funds made available under section 403 of 

title 23, United States Code, an additional $130,000 shall be made 

available to the National Highway Traffic Safety Administration, 

out of the amount limited for section 402 of title 23, United States 

Code, to pay for travel and related expenses for State management 

reviews and to pay for core competency development training and 

related expenses for highway safety staff. 

SEC. 141. Of the amounts made available under the heading 

‘‘Operations and Research (Liquidation of Contract Authorization) 

(Limitation on Obligations) (Highway Trust Fund)’’ in prior appropriations Acts, $10,900,000 in unobligated balances are permanently 

rescinded. 

SEC. 142. Of the amounts made available under the heading 

‘‘National Driver Register (Liquidation of Contract Authorization) 

(Limitation on Obligations) (Highway Trust Fund)’’ in prior appropriations Acts, $544,000 in unobligated balances are permanently 

rescinded. 

SEC. 143. Of the amounts made available under the heading 

‘‘Highway Traffic Safety Grants (Liquidation of Contract Authorization) (Limitation on Obligations) (Highway Trust Fund)’’ in prior 

appropriations Acts, $60,200,000 in unobligated balances are permanently rescinded. 

FEDERAL RAILROAD ADMINISTRATION

SAFETY AND OPERATIONS

For necessary expenses of the Federal Railroad Administration, 

not otherwise provided for, $159,445,000, of which $12,268,890 shall 

remain available until expended. 

RAILROAD RESEARCH AND DEVELOPMENT

For necessary expenses for railroad research and development, 

$33,950,000, to remain available until expended. 

CAPITAL ASSISTANCE TO STATES—INTERCITY

PASSENGER RAIL SERVICE

To enable the Federal Railroad Administrator to make grants 

to States for the capital costs of improving existing intercity passenger rail service and providing new intercity passenger rail 

service, $90,000,000, to remain available until expended: Provided, 

That grants shall be provided to a State only on a reimbursable 

basis: Provided further, That grants cover no more than 50 percent 

of the total capital cost of a project selected for funding: Provided 

further, That no more than 10 percent of funds made available 

under this program may be used for planning activities that lead 

Grants. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 935 

directly to the development of a passenger rail corridor investment 

plan consistent with the requirements established by the Administrator: Provided further, That no later than eight months following 

enactment of this Act, the Secretary shall establish and publish 

criteria for project selection, set a deadline for grant applications, 

and provide a schedule for project selection: Provided further, That 

to be eligible for this assistance, States must include intercity 

passenger rail service as an integral part of statewide transportation 

planning as required under section 135 of title 23, United States 

Code: Provided further, That to be eligible for capital assistance 

the specific project must be on the Statewide Transportation 

Improvement Plan at the time of the application to qualify: Provided 

further, That the Secretary give priority to capital and planning 

applications for projects that improve the safety and reliability 

of intercity passenger trains, involve a commitment by freight railroads to an enforceable on-time performance of passenger trains 

of 80 percent or greater, involve a commitment by freight railroads 

of financial resources commensurate with the benefit expected to 

their operations, improve or extend service on a route that requires 

little or no Federal assistance for its operations, and involve a 

commitment by States or railroads of financial resources to improve 

the safety of highway/rail grade crossings over which the passenger 

service operates: Provided further, That the Administrator is 

directed to report to the Committees on Appropriations not later 

than 180 days upon enactment of this Act detailing the recipients 

and outcomes of grants issued pursuant to Public Law 110–116, 

under this heading, the Capital Assistance to States Program, any 

and all usage and performance fees paid to a freight railroad 

for access to the right of way: Provided further, That the Administrator may retain up to one-quarter of 1 percent of the funds 

provided under this heading to fund the award and oversight by 

the Administrator of grants made under this heading. 

RAILROAD REHABILITATION AND IMPROVEMENT FINANCING PROGRAM

The Secretary of Transportation is authorized to issue to the 

Secretary of the Treasury notes or other obligations pursuant to 

section 512 of the Railroad Revitalization and Regulatory Reform 

Act of 1976 (Public Law 94–210), as amended, in such amounts 

and at such times as may be necessary to pay any amounts required 

pursuant to the guarantee of the principal amount of obligations 

under sections 511 through 513 of such Act, such authority to 

exist as long as any such guaranteed obligation is outstanding: 

Provided, That pursuant to section 502 of such Act, as amended, 

no new direct loans or loan guarantee commitments shall be made 

using Federal funds for the credit risk premium during fiscal year 

2009. 

RAIL LINE RELOCATION AND IMPROVEMENT PROGRAM

For necessary expenses of carrying out section 20154 of title 

49, United States Code, as authorized by section 9002 of Public 

Law 109–59, $25,000,000, to remain available until expended. 

Reports. 

Deadline. 

Deadline. 

Publication. 

Criteria. 


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123 STAT. 936 PUBLIC LAW 111–8—MAR. 11, 2009 

OPERATING GRANTS TO THE NATIONAL RAILROAD PASSENGER

CORPORATION

To enable the Secretary of Transportation to make quarterly 

grants to the National Railroad Passenger Corporation for operation 

of intercity passenger rail, $550,000,000, to remain available until 

expended: Provided, That the Secretary shall withhold such sums 

as shall be necessary for the costs associated with the second 

retroactive wage payment to Amtrak employees and shall transmit 

such funding to the corporation for the sole and exclusive purpose 

of making such payments only at such time as said payments 

are due: Provided further, That such remaining amounts available 

under this paragraph shall be available for the Secretary to approve 

funding to cover operating losses for the Corporation only after 

receiving and reviewing a grant request for each specific train 

route: Provided further, That each such grant request shall be 

accompanied by a detailed financial analysis, revenue projection, 

and capital expenditure projection justifying the Federal support 

to the Secretary’s satisfaction: Provided further, That the Corporation is directed to achieve savings through operating efficiencies 

including, but not limited to, modifications to food and beverage 

service and first class service: Provided further, That the Inspector 

General of the Department of Transportation shall report to the 

House and Senate Committees on Appropriations beginning 3 

months after the date of the enactment of this Act and quarterly 

thereafter with estimates of the savings accrued as a result of 

all operational reforms instituted by the Corporation: Provided further, That not later than 120 days after enactment of this Act, 

the Corporation shall transmit to the House and Senate Committees 

on Appropriations the status of its plan to improve the financial 

performance of food and beverage service and its plan to improve 

the financial performance of first class service (including sleeping 

car service): Provided further, That the Corporation shall report 

quarterly to the House and Senate Committees on Appropriations 

on its progress against the milestones and target dates contained 

in the plan provided in fiscal year 2008 and quantify savings 

realized to date on a monthly basis compared to those projected 

in the plan, identify any changes in the plan or delays in implementing these plans, and identify the causes of delay and proposed 

corrective measures: Provided further, That not later than 90 days 

after enactment of this Act, the Corporation shall transmit, in 

electronic format, to the Secretary, the House and Senate Committees on Appropriations, the House Committee on Transportation 

and Infrastructure and the Senate Committee on Commerce, 

Science, and Transportation a comprehensive business plan 

approved by the Board of Directors for fiscal year 2009 under 

section 24104(a) of title 49, United States Code: Provided further, 

That the business plan shall include, as applicable, targets for 

ridership, revenues, and capital and operating expenses: Provided 

further, That the plan shall also include a separate accounting 

of such targets for the Northeast Corridor; commuter service; longdistance Amtrak service; State-supported service; each intercity 

train route, including Autotrain; and commercial activities including 

contract operations: Provided further, That the business plan shall 

include a description of the work to be funded, along with cost 

estimates and an estimated timetable for completion of the projects 

Deadline. 

Business plan. 

Reports. 

Deadline. 

Deadline. 

Plans. 

Reports. 

Deadlines. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 937 

covered by this business plan: Provided further, That the Corporation shall continue to provide monthly reports in electronic format 

regarding the pending business plan, which shall describe the work 

completed to date, any changes to the business plan, and the 

reasons for such changes, and shall identify all sole source contract 

awards which shall be accompanied by a justification as to why 

said contract was awarded on a sole source basis: Provided further, 

That the Corporation’s business plan and all subsequent supplemental plans shall be displayed on the Corporation’s website within 

a reasonable timeframe following their submission to the appropriate entities: Provided further, That none of the funds under 

this heading may be obligated or expended until the Corporation 

agrees to continue abiding by the provisions of paragraphs 1, 2, 

5, 9, and 11 of the summary of conditions for the direct loan 

agreement of June 28, 2002, in the same manner as in effect 

on the date of enactment of this Act: Provided further, That none 

of the funds provided in this Act may be used after March 1, 

2006, to support any route on which Amtrak offers a discounted 

fare of more than 50 percent off the normal, peak fare: Provided 

further, That the preceding proviso does not apply to routes where 

the operating loss as a result of the discount is covered by a 

State and the State participates in the setting of fares: Provided 

further, That of the amounts made available under this heading 

not less than $18,500,000 shall be available for the Amtrak Office 

of Inspector General. 

CAPITAL AND DEBT SERVICE GRANTS TO THE NATIONAL RAILROAD

PASSENGER CORPORATION

To enable the Secretary of Transportation to make quarterly 

grants to the National Railroad Passenger Corporation for the 

maintenance and repair of capital infrastructure owned by the 

Corporation, including railroad equipment, rolling stock, legal mandates and other services, $940,000,000, to remain available until 

expended, of which not to exceed $285,000,000 shall be for debt 

service obligations: Provided, That the Secretary may retain up 

to one-quarter of 1 percent of the funds under this heading to 

fund the oversight by the Federal Railroad Administration of the 

design and implementation of capital projects funded by grants 

made under this heading: Provided further, That the Secretary 

shall approve funding for capital expenditures, including advance 

purchase orders of materials, for the Corporation only after 

receiving and reviewing a grant request for each specific capital 

grant justifying the Federal support to the Secretary’s satisfaction: 

Provided further, That none of the funds under this heading may 

be used to subsidize operating losses of the Corporation: Provided 

further, That none of the funds under this heading may be used 

for capital projects not approved by the Secretary of Transportation 

or on the Corporation’s fiscal year 2009 business plan: Provided 

further, That, the business plan shall be accompanied by a comprehensive fleet plan for all Amtrak rolling stock which shall 

address the Corporation’s detailed plans and timeframes for the 

maintenance, refurbishment, replacement and expansion of the 

Amtrak fleet: Provided further, That said fleet plan shall establish 

year-specific goals and milestones and discuss potential, current, 

and preferred financing options for all such activities. 

Fleet plan. 

Web posting. 

Reports. 

Deadline. 


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123 STAT. 938 PUBLIC LAW 111–8—MAR. 11, 2009 

EFFICIENCY INCENTIVE GRANTS TO THE NATIONAL RAILROAD

PASSENGER CORPORATION

(RESCISSION) 

Of the amounts made available under this heading in Public 

Laws 109–115 and 110–5, all unobligated balances as of the date 

of enactment of this provision are hereby rescinded. 

ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD ADMINISTRATION

SEC. 151. The Secretary may purchase promotional items of 

nominal value for use in public outreach activities to accomplish 

the purposes of 49 U.S.C. 20134: Provided, That the Secretary 

shall prescribe guidelines for the administration of such purchases 

and use. 

SEC. 152. Hereafter, notwithstanding any other provision of 

law, funds provided in this Act for the National Railroad Passenger 

Corporation shall immediately cease to be available to said Corporation in the event that the Corporation contracts to have services 

provided at or from any location outside the United States. For 

purposes of this section, the word ‘‘services’’ shall mean any service 

that was, as of July 1, 2006, performed by a full-time or parttime Amtrak employee whose base of employment is located within 

the United States. 

SEC. 153. The Secretary of Transportation may receive and 

expend cash, or receive and utilize spare parts and similar items, 

from non-United States Government sources to repair damages 

to or replace United States Government owned automated track 

inspection cars and equipment as a result of third party liability 

for such damages, and any amounts collected under this section 

shall be credited directly to the Safety and Operations account 

of the Federal Railroad Administration, and shall remain available 

until expended for the repair, operation and maintenance of automated track inspection cars and equipment in connection with 

the automated track inspection program. 

SEC. 154. The Federal Railroad Administrator shall submit 

a quarterly report on April 1, 2009, and quarterly reports thereafter, 

to the House and Senate Committees on Appropriations detailing 

the Administrator’s efforts at improving the on-time performance 

of Amtrak intercity rail service operating on non-Amtrak owned 

property. Such reports shall compare the most recent actual ontime performance data to pre-established on-time performance goals 

that the Administrator shall set for each rail service, identified 

by route. Such reports shall also include whatever other information 

and data regarding the on-time performance of Amtrak trains the 

Administrator deems to be appropriate. The amounts made available in this title under the heading ‘‘Office of the Secretary, Salaries 

and Expenses’’ shall be reduced $100,000 for each day after the 

first day of each quarter that the quarterly reports required by 

this section are not submitted to the Congress. 

Fines. 

Reports. 

Deadlines. 

Definition. 

Guidelines. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 939 

FEDERAL TRANSIT ADMINISTRATION

ADMINISTRATIVE EXPENSES

(INCLUDING TRANSFER OF FUNDS) 

For necessary administrative expenses of the Federal Transit 

Administration’s programs authorized by chapter 53 of title 49, 

United States Code, $94,413,000: Provided, That of the funds available under this heading, not to exceed $1,800,000 shall be available 

for travel and not to exceed $23,322,000 shall be available for 

the central account: Provided further, That any funding transferred 

from the central account shall be submitted for approval to the 

House and Senate Committees on Appropriations: Provided further, That none of the funds provided or limited in this Act may be 

used to create a permanent office of transit security under this 

heading: Provided further, That of the funds in this Act available 

for the execution of contracts under section 5327(c) of title 49, 

United States Code, $2,000,000 shall be transferred to the Department of Transportation’s Office of Inspector General for costs associated with audits and investigations of transit-related issues, 

including reviews of new fixed guideway systems: Provided further, That upon submission to the Congress of the fiscal year 2010 

President’s budget, the Secretary of Transportation shall transmit 

to Congress the annual report on new starts, including proposed 

allocations of funds for fiscal year 2010. 

FORMULA AND BUS GRANTS

(LIQUIDATION OF CONTRACT AUTHORITY) 

(LIMITATION ON OBLIGATIONS) 

(HIGHWAY TRUST FUND) 

For payment of obligations incurred in carrying out the provisions of 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5316, 5317, 

5320, 5335, 5339, and 5340 and section 3038 of Public Law 105– 

178, as amended, $8,670,000,000 to be derived from the Mass 

Transit Account of the Highway Trust Fund and to remain available 

until expended: Provided, That funds available for the implementation or execution of programs authorized under 49 U.S.C. 5305, 

5307, 5308, 5309, 5310, 5311, 5316, 5317, 5320, 5335, 5339, and 

5340 and section 3038 of Public Law 105–178, as amended, shall 

not exceed total obligations of $8,260,565,000 in fiscal year 2009. 

RESEARCH AND UNIVERSITY RESEARCH CENTERS

For necessary expenses to carry out 49 U.S.C. 5306, 5312– 

5315, 5322, and 5506, $67,000,000, to remain available until 

expended: Provided, That $10,000,000 is available to carry out 

the transit cooperative research program under section 5313 of 

title 49, United States Code, $4,300,000 is available for the National 

Transit Institute under section 5315 of title 49, United States 

Code, and $7,000,000 is available for university transportation centers program under section 5506 of title 49, United States Code: 

Provided further, That $45,700,000 is available to carry out national 

research programs under sections 5312, 5313, 5314, and 5322 of 

title 49, United States Code. 

Reports. 

Deadline. 


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123 STAT. 940 PUBLIC LAW 111–8—MAR. 11, 2009 

CAPITAL INVESTMENT GRANTS

For necessary expenses to carry out section 5309 of title 49, 

United States Code, $1,809,250,000, to remain available until 

expended, of which no less than $200,000,000 is for section 5309(e) 

of such title: Provided, That of the funds available under this 

heading, amounts are to be made available as follows: 

AC Transit BRT Corridor, California, $4,000,000. 

Bellevue-Redmond BRT, King County, Washington, 

$10,952,330. 

BRT, Potomac Yard-Crystal City, City of Alexandria and 

Arlington County, Virginia, $1,000,000. 

BRT, State Avenue Corridor, Wyandotte County, Kansas, 

$1,500,000. 

Central Corridor Light Rail Transit Project, Minnesota, 

$20,000,000. 

Central Florida Commuter Rail, Florida, $13,000,000. 

Central Link Initial Segment, Seattle, Washington, 

$25,962,062. 

Central Phoenix/East Valley Light Rail, Arizona, 

$91,800,000. 

Charlotte Rapid Transit Extension, North Carolina, 

$20,500,000. 

Commuter Rail Improvements, Fitchburg, Massachusetts, 

$30,000,000. 

Commuter Rail Study—Phoenix to Tucson, Arizona, 

$3,500,000. 

CTA Brown Line (Ravenswood), Illinois, $30,474,404. 

CTA Circle Line, Illinois, $6,000,000. 

Dallas Area Rapid Transit Northwest/Southeast Light Rail 

MOS, Texas, $87,974,716. 

Downtown Orlando East-West Circulator System, Florida, 

$8,000,000. 

Dulles Corridor Metrorail, Virginia, $29,100,000. 

Honolulu High Capacity Transit Corridor Project, Hawaii, 

$20,000,000. 

Houston Metropolitan Transit Authority Advanced Transit 

Program/METRO Solutions Phase 2, Texas, $15,000,000. 

Hudson-Bergen MOS–2, Northern, New Jersey, $1,103,860. 

I–69 HOV/BRT, Mississippi, $7,650,000. 

Improvements to the Rosslyn Metro Station, Virginia, 

$2,000,000. 

JTA BRT System, Jacksonville, Florida, $1,280,000. 

Largo Metrorail Extension, District of Columbia/Maryland, 

$34,700,000. 

Livermore-Amador BRT, Livermore, California, $7,990,000. 

Long Island Rail Road East Side Access, New York, 

$209,623,898. 

Mason Corridor BRT, Fort Collins, Colorado, $11,182,000. 

MARC Capacity Improvements, Maryland, $13,000,000. 

Metra, Illinois, $24,000,000. 

Metro Gold Line Eastside Extension, Los Angeles, California, $81,600,000. 

Metrorail Orange Line Extension Project, Florida, 

$20,000,000. 

Metro Rapid Bus System Gap Closure, Los Angeles, California, $332,620. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 941 

Mid-City Rapid, San Diego, California, $19,485,000. 

Mid Jordan Light Rail Extension, Utah, $20,000,000. 

Mountain Links BRT, Flagstaff, Arizona, $5,614,200. 

Norfolk LRT, Virginia, $53,592,108. 

North Shore LRT Connector, Pennsylvania, $670,885. 

Northern Indiana Commuter Transit District, Indiana, 

$5,000,000. 

Northstar Corridor Rail, Minnesota, $71,166,060. 

Pacific Highway South BRT, King County, Washington, $281,520. 

Perris Valley Line, Riverside, California, $45,000,000. 

Pioneer Parkway EmX BRT, Springfield, Oregon, $296,000. 

San Francisco Muni Third Street Light Rail—Central Sub- way Project, California, $10,000,000. Second Avenue Subway Phase 1, New York, $277,697,000. 

South Corridor BRT, Kent County, Michigan, $600,000. 

South Corridor I–205/Portland Mall LRT, Oregon, $81,600,000. 

South County Commuter Rail, Wickford Junction Station, Rhode Island, $1,345,500. 

South Sacramento Light Rail Extension, California, $7,000,000. 

Southeast Corridor, LRT, Colorado, $1,031,210. 

Stamford Urban Transitway, Connecticut, $3,650,000. 

Streetcar Loop, Portland, Oregon, $45,000,000. 

Trans-Hudson Midtown Corridor, New Jersey, $48,000,000. 

Troost Corridor BRT, Kansas City, Missouri, $125,200. 

Tucson Modern Streetcar/Light Rail Transit System, Tucson, Arizona, $2,000,000. 

University Link LRT Extension, Washington, $100,000,000. 

Van Ness BRT Project, San Francisco, California, $400,000. 

VRE Rolling Stock, Virginia, $5,000,000. 

Weber County to Salt Lake City Commuter Rail, Utah, $81,600,000. 

West Corridor LRT, Colorado, $60,000,000. 

Wilshire Boulevard Bus-Only Lane, Los Angeles, Cali- fornia, $9,857,097. 

ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT ADMINISTRATION

(INCLUDING RESCISSIONS) 

SEC. 160. The limitations on obligations for the programs of 

the Federal Transit Administration shall not apply to any authority 

under 49 U.S.C. 5338, previously made available for obligation, 

or to any other authority previously made available for obligation. 

SEC. 161. Notwithstanding any other provision of law, funds 

appropriated or limited by this Act under the Federal Transit 

Administration, Capital Investment Grants account and for bus 

and bus facilities under the Federal Transit Administration, Formula and Bus Grants account for projects specified in this Act 

or identified in reports accompanying this Act not obligated by 

September 30, 2011, and other recoveries, shall be directed to 

projects eligible to use the funds for the purposes for which they 

were originally provided. 

SEC. 162. Notwithstanding any other provision of law, any 

funds appropriated before October 1, 2008, under any section of 

chapter 53 of title 49, United States Code, that remain available 


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123 STAT. 942 PUBLIC LAW 111–8—MAR. 11, 2009 

for expenditure, may be transferred to and administered under 

the most recent appropriation heading for any such section. 

SEC. 163. Notwithstanding any other provision of law, unobligated funds made available for new fixed guideway system projects 

under the heading ‘‘Federal Transit Administration, Capital investment grants’’ in any appropriations Act prior to this Act may 

be used during this fiscal year to satisfy expenses incurred for 

such projects. 

SEC. 164. During fiscal year 2009, each Federal Transit 

Administration grant for a project that involves the acquisition 

or rehabilitation of a bus to be used in public transportation shall 

be funded for 90 percent of the net capital costs of a biodiesel 

bus or a factory-installed or retrofitted hybrid electric propulsion 

system and any equipment related to such a system: Provided, 

That the Secretary shall have the discretion to determine, through 

practicable administrative procedures, the costs attributable to the 

system and related-equipment. 

SEC. 165. Notwithstanding any other provision of law, in regard 

to the Central Link Initial Segment Project, to the extent that 

Federal funds remain available within the current budget for the 

project, the Secretary shall, immediately upon the date of enactment 

of this Act, amend the Full Funding Grant Agreement for said 

project to allow remaining Federal funds to be used to support 

completion of the Airport Link extension of said project. 

SEC. 166. Any unexpended funds in Federal Transit Administration grant numbers KS–03–0018 and KS–03–0032 shall be made 

available, at the request of the State, for a bus rapid transit 

project and related capital purchases and facility improvements, 

in Johnson County, Kansas City, KS under the terms and conditions 

required to carry out section 5309(b)(3) of title 49, United States 

Code to the extent applicable. 

SEC. 167. Of the balances available for this fiscal year to 

carry out 49 U.S.C. 5309(b) left to the discretion of the Secretary 

of Transportation, $100,000,000 are permanently rescinded. 

SEC. 168. None of the funds provided or limited under this 

Act may be used to issue a final regulation under section 5309 

of title 49, United States Code, except that the Federal Transit 

Administration may continue to review comments received on the 

proposed rule (Docket No. FTA–2006–25737). 

SEC. 169. Funds made available for Alaska or Hawaii ferry 

boats or ferry terminal facilities pursuant to 49 U.S.C. 5309(m)(2)(B) 

may be used to construct new vessels and facilities, or to improve 

existing vessels and facilities, including both the passenger and 

vehicle-related elements of such vessels and facilities, and for repair 

facilities: Provided, That not more than $4,000,000 of the funds 

made available pursuant to 49 U.S.C. 5309(m)(2)(B) may be used 

by the City and County of Honolulu to operate a passenger ferry 

boat service demonstration project to test the viability of different 

intra-island ferry boat routes and technologies. 

SEC. 170. Notwithstanding any other provision of law, unobligated funds or recoveries under section 5309 of title 49, United 

States Code, that are available to the Secretary of Transportation 

for reallocation shall be directed to projects eligible to use the 

funds for the purposes for which they were originally provided. 

SEC. 171. Notwithstanding any other provision of law, the $2,695,000 appropriated for the Charlotte Rapid Transit Extension—Northeast Corridor Light Rail Project, North Carolina under 

Kansas. 

Contracts. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 943 

the Alternatives Analysis Account in division K of the Consolidated 

Appropriations Act, 2008 (Public Law 110–161) shall be used for 

the Charlotte Rapid Transit Extension—Northeast Corridor to carry 

out new fixed guideway or extension to existing fixed guideway 

activities described in section 5309 of title 49, United States Code. 

SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION

The Saint Lawrence Seaway Development Corporation is 

hereby authorized to make such expenditures, within the limits 

of funds and borrowing authority available to the Corporation, 

and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by 

section 104 of the Government Corporation Control Act, as 

amended, as may be necessary in carrying out the programs set 

forth in the Corporation’s budget for the current fiscal year. 

OPERATIONS AND MAINTENANCE

(HARBOR MAINTENANCE TRUST FUND) 

For necessary expenses for operations, maintenance, and capital 

asset renewal of those portions of the Saint Lawrence Seaway 

owned, operated, and maintained by the Saint Lawrence Seaway 

Development Corporation, $31,842,000, to be derived from the 

Harbor Maintenance Trust Fund, pursuant to Public Law 99–662. 

MARITIME ADMINISTRATION

MARITIME SECURITY PROGRAM

For necessary expenses to maintain and preserve a U.S.-flag 

merchant fleet to serve the national security needs of the United 

States, $174,000,000, to remain available until expended. 

OPERATIONS AND TRAINING

For necessary expenses of operations and training activities 

authorized by law, $123,360,000, of which $10,500,000 shall remain 

available until expended for maintenance and repair of Schoolships 

at State Maritime Schools, of which $8,150,000 shall remain available until expended for capital improvements at the United States 

Merchant Marine Academy, and of which $53,208,000 shall be 

available for operations at the United States Merchant Marine 

Academy: Provided, That amounts apportioned for the United States 

Merchant Marine Academy shall be available only upon allotments 

made personally by the Secretary of Transportation and not a 

designee: Provided further, That the Superintendent, Deputy Superintendent and the Director of the Office of Resource Management 

of the United States Merchant Marine Academy may not be allotment holders for the United States Merchant Marine Academy, 

and the Administrator of Maritime Administration shall hold all 

allotments made by the Secretary of Transportation under the 

previous proviso: Provided further, That 50 percent of the funding 

made available for the United States Merchant Marine Academy 

under this heading shall be available only after the Secretary, 

in consultation with the Maritime Administration, completes a plan 

detailing by program or activity and by object class how such 

Expenditure 

plan. 

Expenditure 

authority. 

Contracts. 


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123 STAT. 944 PUBLIC LAW 111–8—MAR. 11, 2009 

funding will be expended at the Academy, and this plan is submitted 

to the House and Senate Committees on Appropriations. 

SHIP DISPOSAL

For necessary expenses related to the disposal of obsolete vessels in the National Defense Reserve Fleet of the Maritime Administration, $15,000,000, to remain available until expended. 

ASSISTANCE TO SMALL SHIPYARDS

To make grants to qualified shipyards as authorized under 

section 3506 of Public Law 109–163 or section 54101 of title 46, 

United States Code, $17,500,000, to remain available until 

expended: Provided, That to be considered for assistance, a qualified 

shipyard shall submit an application for assistance no later than 

60 days after enactment of this Act: Provided further, That from 

applications submitted under the previous proviso, the Secretary 

of Transportation shall make grants no later than 120 days after 

enactment of this Act in such amounts as the Secretary determines: 

Provided further, That not to exceed 2 percent of the funds appropriated under this heading shall be available for necessary costs 

of grant administration. 

MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For administrative expenses to carry out the guaranteed loan 

program, not to exceed $3,531,000, which shall be transferred to 

and merged with the appropriation for ‘‘Operations and Training’’, 

Maritime Administration. 

SHIP CONSTRUCTION

(RESCISSION) 

Of the unobligated balances available under this heading, $1,382,554 are rescinded. 

ADMINISTRATIVE PROVISIONS—MARITIME ADMINISTRATION

SEC. 175. Notwithstanding any other provision of this Act, 

the Maritime Administration is authorized to furnish utilities and 

services and make necessary repairs in connection with any lease, 

contract, or occupancy involving Government property under control 

of the Maritime Administration, and payments received therefor 

shall be credited to the appropriation charged with the cost thereof: 

Provided, That rental payments under any such lease, contract, 

or occupancy for items other than such utilities, services, or repairs 

shall be covered into the Treasury as miscellaneous receipts. 

SEC. 176. No obligations shall be incurred during the current 

fiscal year from the construction fund established by the Merchant 

Marine Act, 1936 (46 U.S.C. 53101 note (cds)), or otherwise, in 

excess of the appropriations and limitations contained in this Act 

or in any prior appropriations Act. 

SEC. 177. Section 51509 of title 46, United States Code, is 

amended in subsection (b) by deleting ‘‘$4,000’’ and inserting in 

lieu thereof ‘‘$8,000’’ and by inserting ‘‘tuition,’’ after ‘‘uniforms,’’. 

Grants. 

Deadlines. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 945 

PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION

ADMINISTRATIVE EXPENSES

(PIPELINE SAFETY FUND) 

For necessary operational expenses of the Pipeline and Hazardous Materials Safety Administration, $19,130,000, of which 

$639,000 shall be derived from the Pipeline Safety Fund: Provided, 

That $1,000,000 shall be transferred to ‘‘Pipeline Safety’’ in order 

to fund ‘‘Pipeline safety information grants to communities’’ as 

authorized in section 60130 of title 49, United States Code: Provided 

further, That grants described under the previous proviso shall 

be awarded within 120 days of enactment of this Act. 

HAZARDOUS MATERIALS SAFETY

For expenses necessary to discharge the hazardous materials 

safety functions of the Pipeline and Hazardous Materials Safety 

Administration, $32,000,000, of which $3,302,000 shall remain 

available until September 30, 2011: Provided, That up to $800,000 

in fees collected under 49 U.S.C. 5108(g) shall be deposited in 

the general fund of the Treasury as offsetting receipts: Provided 

further, That there may be credited to this appropriation, to be 

available until expended, funds received from States, counties, 

municipalities, other public authorities, and private sources for 

expenses incurred for training, for reports publication and dissemination, and for travel expenses incurred in performance of hazardous materials exemptions and approvals functions. 

PIPELINE SAFETY

(PIPELINE SAFETY FUND) 

(OIL SPILL LIABILITY TRUST FUND) 

For expenses necessary to conduct the functions of the pipeline 

safety program, for grants-in-aid to carry out a pipeline safety 

program, as authorized by 49 U.S.C. 60107, and to discharge the 

pipeline program responsibilities of the Oil Pollution Act of 1990, 

$93,291,000, of which $18,810,000 shall be derived from the Oil 

Spill Liability Trust Fund and shall remain available until September 30, 2011; and of which $74,481,000 shall be derived from 

the Pipeline Safety Fund, of which $40,081,000 shall remain available until September 30, 2011: Provided, That not less than 

$1,043,000 of the funds provided under this heading shall be for 

the one-call State grant program. 

EMERGENCY PREPAREDNESS GRANTS

(EMERGENCY PREPAREDNESS FUND) 

For necessary expenses to carry out 49 U.S.C. 5128(b), $188,000, to be derived from the Emergency Preparedness Fund, 

to remain available until September 30, 2010: Provided, That not 

more than $28,318,000 shall be made available for obligation in 

fiscal year 2009 from amounts made available by 49 U.S.C. 5116(i) 

and 5128(b)–(c): Provided further, That none of the funds made 

available by 49 U.S.C. 5116(i), 5128(b), or 5128(c) shall be made 

Grants. 

Deadline. 


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123 STAT. 946 PUBLIC LAW 111–8—MAR. 11, 2009 

available for obligation by individuals other than the Secretary 

of Transportation, or his or her designee. 

RESEARCH AND INNOVATIVE TECHNOLOGY ADMINISTRATION

RESEARCH AND DEVELOPMENT

For necessary expenses of the Research and Innovative Tech- nology Administration, $12,900,000, of which $6,936,000 shall 

remain available until September 30, 2011: Provided, That there 

may be credited to this appropriation, to be available until 

expended, funds received from States, counties, municipalities, other 

public authorities, and private sources for expenses incurred for 

training. 

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

For necessary expenses of the Office of Inspector General to 

carry out the provisions of the Inspector General Act of 1978, 

as amended, $71,400,000: Provided, That the Inspector General 

shall have all necessary authority, in carrying out the duties specified in the Inspector General Act, as amended (5 U.S.C. App. 

3), to investigate allegations of fraud, including false statements 

to the government (18 U.S.C. 1001), by any person or entity that 

is subject to regulation by the Department: Provided further, That 

the funds made available under this heading shall be used to 

investigate, pursuant to section 41712 of title 49, United States 

Code: (1) unfair or deceptive practices and unfair methods of competition by domestic and foreign air carriers and ticket agents; 

and (2) the compliance of domestic and foreign air carriers with 

respect to item (1) of this proviso. 

SURFACE TRANSPORTATION BOARD

SALARIES AND EXPENSES

For necessary expenses of the Surface Transportation Board, including services authorized by 5 U.S.C. 3109, $26,847,000: Provided, That notwithstanding any other provision of law, not to exceed $1,250,000 from fees established by the Chairman of the 

Surface Transportation Board shall be credited to this appropriation 

as offsetting collections and used for necessary and authorized 

expenses under this heading: Provided further, That the sum herein 

appropriated from the general fund shall be reduced on a dollarfor-dollar basis as such offsetting collections are received during 

fiscal year 2009, to result in a final appropriation from the general 

fund estimated at no more than $25,597,000. 

GENERAL PROVISIONS—DEPARTMENT OF TRANSPORTATION

SEC. 180. During the current fiscal year applicable appropriations to the Department of Transportation shall be available for 

maintenance and operation of aircraft; hire of passenger motor 

vehicles and aircraft; purchase of liability insurance for motor 

vehicles operating in foreign countries on official department business; and uniforms or allowances therefor, as authorized by law 

(5 U.S.C. 5901–5902). 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 947 

SEC. 181. Appropriations contained in this Act for the Department of Transportation shall be available for services as authorized 

by 5 U.S.C. 3109, but at rates for individuals not to exceed the 

per diem rate equivalent to the rate for an Executive Level IV. 

SEC. 182. None of the funds in this Act shall be available 

for salaries and expenses of more than 110 political and Presidential 

appointees in the Department of Transportation: Provided, That 

none of the personnel covered by this provision may be assigned 

on temporary detail outside the Department of Transportation. 

SEC. 183. None of the funds in this Act shall be used to 

implement section 404 of title 23, United States Code. 

SEC. 184. (a) No recipient of funds made available in this 

Act shall disseminate personal information (as defined in 18 U.S.C. 

2725(3)) obtained by a State department of motor vehicles in connection with a motor vehicle record as defined in 18 U.S.C. 2725(1), 

except as provided in 18 U.S.C. 2721 for a use permitted under 

18 U.S.C. 2721. 

(b) Notwithstanding subsection (a), the Secretary shall not withhold funds provided in this Act for any grantee if a State is in 

noncompliance with this provision. 

SEC. 185. Funds received by the Federal Highway Administration, Federal Transit Administration, and Federal Railroad 

Administration from States, counties, municipalities, other public 

authorities, and private sources for expenses incurred for training 

may be credited respectively to the Federal Highway Administration’s ‘‘Federal-Aid Highways’’ account, the Federal Transit 

Administration’s ‘‘Research and University Research Centers’’ 

account, and to the Federal Railroad Administration’s ‘‘Safety and 

Operations’’ account, except for State rail safety inspectors participating in training pursuant to 49 U.S.C. 20105. 

SEC. 186. Funds provided or limited in this Act under the 

appropriate accounts within the Federal Highway Administration, 

the Federal Railroad Administration and the Federal Transit 

Administration shall be for the eligible programs, projects and 

activities in the corresponding amounts identified in the explanatory 

statement accompanying this Act for ‘‘Ferry Boats and Ferry Terminal Facilities’’, ‘‘Federal Lands’’, ‘‘Interstate Maintenance Discretionary’’, ‘‘Transportation, Community and System Preservation 

Program’’, ‘‘Delta Region Transportation Development Program’’, 

‘‘Rail Line Relocation and Improvement Program’’, ‘‘Rail-highway 

crossing hazard eliminations’’, ‘‘Alternatives analysis’’, and ‘‘Bus 

and bus facilities’’. 

SEC. 187. Notwithstanding any other provisions of law, rule 

or regulation, the Secretary of Transportation is authorized to allow 

the issuer of any preferred stock heretofore sold to the Department 

to redeem or repurchase such stock upon the payment to the Department of an amount determined by the Secretary. 

SEC. 188. None of the funds in this Act to the Department 

of Transportation may be used to make a grant unless the Secretary 

of Transportation notifies the House and Senate Committees on 

Appropriations not less than 3 full business days before any discretionary grant award, letter of intent, or full funding grant agreement totaling $500,000 or more is announced by the department 

or its modal administrations from: (1) any discretionary grant program of the Federal Highway Administration including the emergency relief program; (2) the airport improvement program of the 

Federal Aviation Administration; (3) any grant from the Federal 

Grants. 

Notification. 

Deadline. 

Appointees. 


dkrause on GSDDPC29 with PUBLIC LAWS
123 STAT. 948 PUBLIC LAW 111–8—MAR. 11, 2009 

Railroad Administration; or (4) any program of the Federal Transit 

Administration other than the formula grants and fixed guideway 

modernization programs: Provided, That the Secretary gives concurrent notification to the House and Senate Committees on Appropriations for any ‘‘quick release’’ of funds from the emergency relief 

program: Provided further, That no notification shall involve funds 

that are not available for obligation. 

SEC. 189. Rebates, refunds, incentive payments, minor fees 

and other funds received by the Department of Transportation 

from travel management centers, charge card programs, the subleasing of building space, and miscellaneous sources are to be 

credited to appropriations of the Department of Transportation 

and allocated to elements of the Department of Transportation 

using fair and equitable criteria and such funds shall be available 

until expended. 

SEC. 190. Amounts made available in this or any other Act 

that the Secretary determines represent improper payments by 

the Department of Transportation to a third party contractor under 

a financial assistance award, which are recovered pursuant to law, 

shall be available— 

(1) to reimburse the actual expenses incurred by the 

Department of Transportation in recovering improper payments; and 

(2) to pay contractors for services provided in recovering 

improper payments or contractor support in the implementation 

of the Improper Payments Information Act of 2002: Provided, 

That amounts in excess of that required for paragraphs (1) 

and (2)— 

(A) shall be credited to and merged with the appropriation from which the improper payments were made, and 

shall be available for the purposes and period for which 

such appropriations are available; or 

(B) if no such appropriation remains available, shall 

be deposited in the Treasury as miscellaneous receipts: 

Provided further, That prior to the transfer of any such 

recovery to an appropriations account, the Secretary shall 

notify the House and Senate Committees on Appropriations 

of the amount and reasons for such transfer: Provided 

further, That for purposes of this section, the term 

‘‘improper payments’’, has the same meaning as that provided in section 2(d)(2) of Public Law 107–300. 

SEC. 191. Notwithstanding any other provision of law, if any 

funds provided in or limited by this Act are subject to a reprogramming action that requires notice to be provided to the House and 

Senate Committees on Appropriations, said reprogramming action 

shall be approved or denied solely by the Committees on Appropriations: Provided, That the Secretary may provide notice to other 

congressional committees of the action of the Committees on Appropriations on such reprogramming but not sooner than 30 days 

following the date on which the reprogramming action has been 

approved or denied by the House and Senate Committees on Appropriations. 

SEC. 192. (a) None of the funds appropriated or otherwise 

made available under this Act to the Surface Transportation Board 

of the Department of Transportation may be used to take any 

action to allow any activity described in subsection (b) in a case, 

matter, or declaratory order involving a railroad, or an entity 

Deadline. 

Notice. 

Notification. 

Notification. 


dkrause on GSDDPC29 with PUBLIC LAWS
PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 949 

claiming or seeking authority to operate as a railroad, unless the 

Board receives written assurance from the Governor, or the Governor’s designee, of the State in which such activity will occur 

that such railroad or entity has agreed to comply with State and 

local regulations that establish public health, safety, and environmental standards for the activities described in subsection (b), 

other than zoning laws or regulations. 

(b) Activities referred to in subsection (a) are activities that 

occur at a solid waste rail transfer facility involving— 

(1) the collection, storage, or transfer of solid waste (as 

defined in section 1004 of the Solid Waste Disposal Act (42 

U.S.C. 6903)) outside of original shipping containers; or 

(2) the separation or processing of solid waste (including 

baling, crushing, compacting, and shredding). 

SEC. 193. None of the funds appropriated or otherwise made 

available under this Act may be used by the Surface Transportation 

Board of the Department of Transportation to charge or collect 

any filing fee for rate complaints filed with the Board in an amount 

in excess of the amount authorized for district court civil suit 

filing fees under section 1914 of title 28, United States Code. 

SEC. 194. Of the funds made available or limited by this Act, 

which are not otherwise allocated under this Act or under 

SAFETEA–LU (Public Law 109–59) or necessary to fulfill existing 

agreements between the Department of Transportation and metropolitan areas under the ‘‘Urban Partnerships’’ and ‘‘CongestionReduction Demonstration’’ programs, not more than 10 percent 

of such funds for any program that is allocated at the discretion 

of the Secretary may be expended in furtherance of the Department 

of Transportation’s ‘‘National Strategy to Reduce Congestion on 

America’s Transportation Network’’ issued May 2006 by Secretary 

of Transportation, the Honorable Norman Mineta; also known as 

the ‘‘Congestion Initiative’’ or any other new congestion initiative. 

SEC. 195. Of the funds available for Ferry Boats and Ferry 

Terminal Facilities, $950,000 shall be for Missouri River, Route 

240, Saline and Howard Counties for expenses, including reimbursement of previously incurred expenses, for alternative transportation 

(including ferryboat service) during bridge replacement. 

SEC. 196. Notwithstanding any other provision of law, the 

State of New Mexico may use funds apportioned to the State under 

section 104(b)(2) of title 23, United States Code, for the congestion 

mitigation and air quality improvement program under section 

149 of title 23, United States Code, to support the operation of 

commuter rail service between Belen and Bernalillo, New Mexico. 

SEC. 197. Notwithstanding any other provision of law, funds 

made available in fiscal years 2006 through 2009 for item number 

598 in section 3044(a) of Public Law 109–59 that are unobligated 

or unexpended in a grant shall be made available to OATS, Incorporated for buses and bus-related facilities. 

SEC. 198. Notwithstanding any other provision of law, funds 

made available in fiscal years 2006 through 2009 for item number 

1152 in section 1702 of Public Law 109–59 that are unobligated 

or unexpended shall be made available for maintenance, repair 

and reconstruction of the Tucker Bridge in the City of St. Louis, 

Missouri. 

SEC. 199. Notwithstanding any other provision of law, section 

198 of division K of Public Law 110–161 shall continue in effect 

during fiscal year 2009. 

Extension. 


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123 STAT. 950 PUBLIC LAW 111–8—MAR. 11, 2009 

This title may be cited as the ‘‘Department of Transportation 

Appropriations Act, 2009’’. 

TITLE II 

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 

MANAGEMENT AND ADMINISTRATION

EXECUTIVE DIRECTION

For necessary salaries and expenses for Executive Direction, 

$23,799,456, of which not to exceed $3,885,581 shall be available 

for the immediate Office of the Secretary and Deputy Secretary; 

not to exceed $1,613,898 shall be available for the Office of Hearings 

and Appeals; not to exceed $544,552 shall be available for the 

Office of Small and Disadvantaged Business Utilization; not to 

exceed $720,343 shall be available for the immediate Office of 

the Chief Financial Officer; not to exceed $1,516,800 shall be available for the immediate Office of the General Counsel; not to exceed 

$2,715,488 shall be available to the Office of the Assistant Secretary 

for Congressional and Intergovernmental Relations; not to exceed 

$2,586,721 shall be available for the Office of the Assistant Secretary for Public Affairs; not to exceed $1,005,120 shall be available 

for the Office of the Assistant Secretary for Administration; not 

to exceed $1,602,655 shall be available to the Office of the Assistant 

Secretary for Public and Indian Housing; not to exceed $1,707,499 

shall be available to the Office of the Assistant Secretary for 

Community Planning and Development; not to exceed $3,778,560 

shall be available to the Office of the Assistant Secretary for 

Housing, Federal Housing Commissioner; not to exceed $1,431,212 

shall be available to the Office of the Assistant Secretary for Policy 

Development and Research; and not to exceed $691,027 shall be 

available to the Office of the Assistant Secretary for Fair Housing 

and Equal Opportunity: Provided, That the Secretary of the Department of Housing and Urban Development is authorized to transfer 

funds appropriated for any office funded under this heading to 

any other office funded under this heading following the written 

notification to the House and Senate Committees on Appropriations: 

Provided further, That no appropriation for any office shall be 

increased or decreased by more than 5 percent by all such transfers: 

Provided further, That notice of any change in funding greater 

than 5 percent shall be submitted for prior approval to the House 

and Senate Committees on Appropriations: Provided further, That 

the Secretary shall provide the Committees on Appropriations quarterly written notification regarding the status of pending congressional reports: Provided further, That the Secretary shall provide 

all signed reports required by Congress electronically: Provided 

further, That not to exceed $25,000 of the amount made available 

under this paragraph for the immediate Office of the Secretary 

shall be available for official reception and representation expenses 

as the Secretary may determine. 

ADMINISTRATION, OPERATIONS AND MANAGEMENT

For necessary salaries and expenses for administration, operations and management for the Department of Housing and Urban 

Development, $527,433,640, of which not to exceed $75,510,000 

Reports. 

Electronic 

submission. 

Notification. 

Notice. 

Transfer 

authority. 

Notification. 

Department of 

Housing and 

Urban 

Development 

Appropriations 

Act, 2009. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 951 

shall be available for the personnel compensation and benefits 

of the Office of Administration; not to exceed $11,003,940 shall 

be available for the personnel compensation and benefits of the 

Office of Departmental Operations and Coordination; not to exceed 

$48,817,430 shall be available for the personnel compensation and 

benefits of the Office of Field Policy and Management; not to exceed 

$13,438,200 shall be available for the personnel compensation and 

benefits of the Office of the Chief Procurement Officer; not to 

exceed $34,028,820 shall be available for the personnel compensation and benefits of the remaining staff in the Office of the Chief 

Financial Officer; not to exceed $84,837,460 shall be available for 

the personnel compensation and benefits of the remaining staff 

in the Office of the General Counsel; not to exceed $3,085,120 

shall be available for the personnel compensation and benefits 

of the Office of Departmental Equal Employment Opportunity; not 

to exceed $1,215,280 shall be available for the personnel compensation and benefits for the Center for Faith-Based and Community 

Initiatives; and not to exceed $255,497,390 shall be available for 

non-personnel expenses of the Department of Housing and Urban 

Development: Provided, That, funds provided under this heading 

may be used for necessary administrative and non-administrative 

expenses of the Department of Housing and Urban Development, 

not otherwise provided for, including purchase of uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901–5902; hire of passenger motor vehicles; services as authorized by 5 U.S.C. 3109: 

Provided further, That notwithstanding any other provision of law, 

funds appropriated under this heading may be used for advertising 

and promotional activities that support the housing mission area: 

Provided further, That the Secretary of Housing and Urban Development is authorized to transfer funds appropriated for any office 

included in Administration, Operations and Management to any 

other office included in Administration, Operations and Management only after such transfer has been submitted to, and received 

prior written approval by, the House and Senate Committees on 

Appropriations: Provided further, That no appropriation for any 

office shall be increased or decreased by more than 10 percent 

by all such transfers. 

PERSONNEL COMPENSATION AND BENEFITS

PUBLIC AND INDIAN HOUSING

For necessary personnel compensation and benefits expenses 

of the Office of Public and Indian Housing, $190,390,100. 

COMMUNITY PLANNING AND DEVELOPMENT

For necessary personnel compensation and benefits expenses 

of the Office of Community Planning and Development mission 

area, $94,233,700. 

HOUSING

For necessary personnel compensation and benefits expenses 

of the Office of Housing, $363,198,000. 

Transfer 

authority. 


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123 STAT. 952 PUBLIC LAW 111–8—MAR. 11, 2009 

OFFICE OF THE GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

For necessary personnel compensation and benefits expenses 

of the Office of the Government National Mortgage Association, 

$10,000,000, to be derived from the GNMA guarantees of mortgage 

backed securities guaranteed loan receipt account. 

POLICY DEVELOPMENT AND RESEARCH

For necessary personnel compensation and benefits expenses 

of the Office of Policy Development and Research, $18,070,850. 

FAIR HOUSING AND EQUAL OPPORTUNITY

For necessary personnel compensation and benefits expenses of the Office of Fair Housing and Equal Opportunity, $69,020,990. 

OFFICE OF HEALTHY HOMES AND LEAD HAZARD CONTROL

For necessary personnel compensation and benefits expenses 

of the Office of Healthy Homes and Lead Hazard Control, 

$6,727,950. 

PUBLIC AND INDIAN HOUSING

TENANT-BASED RENTAL ASSISTANCE

(INCLUDING TRANSFER OF FUNDS) 

For activities and assistance for the provision of tenant-based 

rental assistance authorized under the United States Housing Act 

of 1937, as amended (42 U.S.C. 1437 et seq.) (‘‘the Act’’ herein), 

not otherwise provided for, $16,817,000,000, to remain available 

until expended, of which $12,817,000,000 shall be available on 

October 1, 2008, and $4,000,000,000 shall be available on October 

1, 2009: Provided, That the amounts made available under this 

heading are provided as follows: 

(1) $15,034,071,000 shall be available for renewals of 

expiring section 8 tenant-based annual contributions contracts 

(including renewals of enhanced vouchers under any provision 

of law authorizing such assistance under section 8(t) of the 

Act) and including renewal of other designated housing 

vouchers initially funded in fiscal year 2008 (such as Family 

Unification, Veterans Affairs Supportive Housing Vouchers and 

Non-elderly Disabled Vouchers): Provided, That notwithstanding any other provision of law, from amounts provided 

under this paragraph and any carryover, the Secretary for 

the calendar year 2009 funding cycle shall provide renewal 

funding for each public housing agency based on voucher 

management system (VMS) leasing and cost data for the most 

recent Federal fiscal year and by applying the 2009 Annual 

Adjustment Factor as established by the Secretary, and by 

making any necessary adjustments for the costs associated 

with deposits to family self-sufficiency program escrow accounts 

or first-time renewals including tenant protection or HOPE 

VI vouchers: Provided further, That none of the funds provided 

under this paragraph may be used to fund a total number 

of unit months under lease which exceeds a public housing 


dkrause on GSDDPC29 with PUBLIC LAWS
PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 953 

agency’s authorized level of units under contract: Provided further, That the Secretary shall, to the extent necessary to stay 

within the amount specified under this paragraph (except as 

otherwise modified under this Act), pro rate each public housing 

agency’s allocation otherwise established pursuant to this paragraph: Provided further, That except as provided in the last 

two provisos, the entire amount specified under this paragraph 

(except as otherwise modified under this Act) shall be obligated 

to the public housing agencies based on the allocation and 

pro rata method described above and the Secretary shall notify 

public housing agencies of their annual budget not later than 

60 days after enactment of this Act: Provided further, That 

the Secretary may extend the 60-day notification period with 

the written approval of the House and Senate Committees 

on Appropriations: Provided further, That public housing agencies participating in the Moving to Work demonstration shall 

be funded pursuant to their Moving to Work agreements and 

shall be subject to the same pro rata adjustments under the 

previous provisos: Provided further, That up to $100,000,000 

shall be available only: (1) to adjust the allocations for public 

housing agencies, after application for an adjustment by a 

public housing agency that experienced a significant increase, 

as determined by the Secretary, in renewal costs of tenantbased rental assistance resulting from unforeseen circumstances or from portability under section 8(r) of the Act; 

(2) for adjustments for public housing agencies with voucher 

leasing rates at the end of the calendar year that exceed the 

average leasing for the 12-month period used to establish the 

allocation; (3) for adjustments for the costs associated with 

VASH vouchers; and (4) for vouchers that were not in use 

during the 12-month period in order to be available to meet 

a commitment pursuant to section 8(o)(13) of the Act. 

(2) $150,000,000 for section 8 rental assistance for relocation and replacement of housing units that are demolished 

or disposed of pursuant to the Omnibus Consolidated Rescissions and Appropriations Act of 1996 (Public Law 104–134), 

conversion of section 23 projects to assistance under section 

8, the family unification program under section 8(x) of the 

Act, relocation of witnesses in connection with efforts to combat 

crime in public and assisted housing pursuant to a request 

from a law enforcement or prosecution agency, enhanced 

vouchers under any provision of law authorizing such assistance 

under section 8(t) of the Act, HOPE VI vouchers, mandatory 

and voluntary conversions, and tenant protection assistance 

including replacement and relocation assistance or for project 

based assistance to prevent the displacement of unassisted 

elderly tenants currently residing in section 202 properties 

financed between 1959 and 1974 that are refinanced pursuant 

to Public Law 106–569, as amended or under the authority 

as provided under this Act: Provided, That the Secretary shall 

provide replacement vouchers for all units that were occupied 

within the previous 24 months that cease to be available as 

assisted housing, subject only to the availability of funds. 

(3) Not to exceed $7,929,000 provided under this heading 

may be transferred to the Working Capital Fund: Provided, 

That funding made available under this section shall not be 

transferred to the Working Capital Fund until the voucher 

Web posting. 

Vouchers. 

Notification. 

Deadline. 


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123 STAT. 954 PUBLIC LAW 111–8—MAR. 11, 2009 

management system leasing and cost data is made available 

to the public on the Department of Housing and Urban Development website. 

(4) $1,500,000,000 for administrative and other expenses 

of public housing agencies in administering the section 8 tenantbased rental assistance program and which up to $50,000,000 

shall be available to the Secretary to allocate to public housing 

agencies that need additional funds to administer their section 

8 programs, including fees associated with section 8 tenant 

protection rental assistance, the administration of disaster 

related vouchers, Veterans Affairs Supportive Housing 

vouchers, and other incremental vouchers: Provided, That no 

less than $1,400,000,000 of the amount provided in this paragraph shall be allocated to public housing agencies for the 

calendar year 2009 funding cycle based on section 8(q) of the 

Act (and related Appropriation Act provisions) as in effect 

immediately before the enactment of the Quality Housing and 

Work Responsibility Act of 1998 (Public Law 105–276): Provided 

further, That if the amounts made available under this paragraph are insufficient to pay the amounts determined under 

the previous proviso, the Secretary may decrease the amounts 

allocated to agencies by a uniform percentage applicable to 

all agencies receiving funding under this paragraph or may, 

to the extent necessary to provide full payment of amounts 

determined under the previous proviso, utilize unobligated balances, including recaptures and carryovers, remaining from 

funds appropriated to the Department of Housing and Urban 

Development under this heading, for fiscal year 2008 and prior 

fiscal years, notwithstanding the purposes for which such 

amounts were appropriated: Provided further, That amounts 

provided under this paragraph shall be only for activities 

related to the provision of tenant-based rental assistance 

authorized under section 8, including related development 

activities: Provided further, That of the total amount provided 

under this paragraph, $50,000,000 shall be made available 

for family self-sufficiency coordinators under section 23 of the 

Act. 

(5) $20,000,000 for incremental voucher assistance through 

the Family Unification Program: Provided, That the assistance 

made available under this paragraph shall continue to remain 

available for family unification upon turnover: Provided further, 

That the Secretary of Housing and Urban Development shall 

make such funding available, notwithstanding section 204 (competition provision) of this title, to entities with demonstrated 

experience and resources for supportive services. 

(6) $75,000,000 for incremental rental voucher assistance 

for use through a supported housing program administered 

in conjunction with the Department of Veterans Affairs as 

authorized under section 8(o)(19) of the United States Housing 

Act of 1937: Provided, That the Secretary of Housing and 

Urban Development shall make such funding available, notwithstanding section 204 (competition provision) of this title, 

to public housing agencies that partner with eligible VA Medical 

Centers or other entities as designated by the Secretary of 

the Department of Veterans Affairs, based on geographical 

need for such assistance as identified by the Secretary of the 

Extension. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 955 

Department of Veterans Affairs, public housing agency administrative performance, and other factors as specified by the Secretary of Housing and Urban Development in consultation with 

the Secretary of the Department of Veterans Affairs: Provided 

further, That the Secretary of Housing and Urban Development 

may waive, or specify alternative requirements for (in consultation with the Secretary of the Department of Veterans Affairs), 

any provision of any statute or regulation that the Secretary 

of Housing and Urban Development administers in connection 

with the use of funds made available under this paragraph 

(except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), upon a finding 

by the Secretary that any such waivers or alternative requirements are necessary for the effective delivery and administration of such voucher assistance: Provided further, That assistance made available under this paragraph shall continue to 

remain available for homeless veterans upon turn-over. 

(7) $30,000,000 for incremental vouchers under section 8 

of the Act for nonelderly disabled families: Provided, That 

assistance made available under this paragraph shall continue 

to remain available for the same population upon turnover: 

Provided further, That the Secretary of Housing and Urban 

Development shall make such funding available, notwithstanding section 204 (competition provision) of this title, to 

entities with demonstrated experience and resources for supportive services. 

HOUSING CERTIFICATE FUND

Of the unobligated balances, including recaptures and carryover, remaining from funds appropriated to the Department of 

Housing and Urban Development under this heading, the heading 

‘‘Annual Contributions for Assisted Housing’’ and the heading 

‘‘Project-Based Rental Assistance’’, for fiscal year 2009 and prior 

years may be used for renewal of or amendments to section 8 

project-based contracts and for performance-based contract administrators, notwithstanding the purposes for which such funds were 

appropriated: Provided, That any obligated balances of contract 

authority from fiscal year 1974 and prior that have been terminated 

shall be cancelled. 

PUBLIC HOUSING CAPITAL FUND

(INCLUDING TRANSFER OF FUNDS)

For the Public Housing Capital Fund Program to carry out 

capital and management activities for public housing agencies, as 

authorized under section 9 of the United States Housing Act of 

1937 (42 U.S.C. 1437g) (the ‘‘Act’’) $2,450,000,000, to remain available until September 30, 2012: Provided, That notwithstanding 

any other provision of law or regulation, during fiscal year 2009 

the Secretary of Housing and Urban Development may not delegate 

to any Department official other than the Deputy Secretary and 

the Assistant Secretary for Public and Indian Housing any authority 

under paragraph (2) of section 9(j) regarding the extension of the 

time periods under such section: Provided further, That for purposes 

of such section 9(j), the term ‘‘obligate’’ means, with respect to 

amounts, that the amounts are subject to a binding agreement 

Definition. 

Deadline. 

Contracts. 

Termination. 

Extension. 

Extension. 

Waiver authority. 


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123 STAT. 956 PUBLIC LAW 111–8—MAR. 11, 2009 

that will result in outlays, immediately or in the future: Provided 

further, That of the total amount provided under this heading, up to $10,000,000 shall be for carrying out activities under section 

9(h) of such Act; not to exceed $14,577,000 may be transferred 

to the Working Capital Fund; and up to $15,345,000 shall be 

to support the ongoing Public Housing Financial and Physical 

Assessment activities of the Real Estate Assessment Center (REAC): 

Provided further, That no funds may be used under this heading 

for the purposes specified in section 9(k) of the Act: Provided further, 

That of the total amount provided under this heading, not to exceed 

$20,000,000 shall be available for the Secretary to make grants, 

notwithstanding section 204 of this Act, to public housing agencies 

for emergency capital needs including safety and security measures 

necessary to address crime and drug-related activity as well as 

needs resulting from unforeseen or unpreventable emergencies and 

natural disasters excluding Presidentially declared disasters occurring in fiscal year 2009: Provided further, That of the total amount 

provided under this heading, $40,000,000 shall be for supportive 

services, service coordinators and congregate services as authorized 

by section 34 of the Act (42 U.S.C. 1437z–6) and the Native American Housing Assistance and Self-Determination Act of 1996 (25 

U.S.C. 4101 et seq.): Provided further, That of the total amount 

provided under this heading up to $8,820,000 is to support the 

costs of administrative and judicial receiverships: Provided further, 

That from the funds made available under this heading, the Secretary shall provide bonus awards in fiscal year 2009 to public 

housing agencies that are designated high performers. 

PUBLIC HOUSING OPERATING FUND

For 2009 payments to public housing agencies for the operation 

and management of public housing, as authorized by section 9(e) 

of the United States Housing Act of 1937 (42 U.S.C. 1437g(e)), 

$4,455,000,000; of which $5,940,000 shall be for competitive grants 

and contracts to third parties for the provision of technical assistance to public housing agencies related to the transition and 

implementation of asset-based management in public housing: Provided, That, in fiscal year 2009 and all fiscal years hereafter, 

no amounts under this heading in any appropriations Act may 

be used for payments to public housing agencies for the costs 

of operation and management of public housing for any year prior 

to the current year of such Act: Provided further, That no funds 

may be used under this heading for the purposes specified in 

section 9(k) of the United States Housing Act of 1937. 

REVITALIZATION OF SEVERELY DISTRESSED PUBLIC HOUSING (HOPE VI) 

For grants to public housing agencies for demolition, site 

revitalization, replacement housing, and tenant-based assistance 

grants to projects as authorized by section 24 of the United States 

Housing Act of 1937 (42 U.S.C. 1437v), $120,000,000, to remain 

available until September 30, 2010, of which the Secretary of 

Housing and Urban Development shall use $2,400,000 for technical 

assistance and contract expertise, to be provided directly or 

indirectly by grants, contracts or cooperative agreements, including 

training and cost of necessary travel for participants in such 

training, by or to officials and employees of the department and 

of public housing agencies and to residents: Provided, That none 

42 USC 1437g 

note. 

Bonus awards. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 957 

of such funds shall be used directly or indirectly by granting 

competitive advantage in awards to settle litigation or pay judgments, unless expressly permitted herein. 

NATIVE AMERICAN HOUSING BLOCK GRANTS

For the Native American Housing Block Grants program, as 

authorized under title I of the Native American Housing Assistance 

and Self-Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 

et seq.), $645,000,000, to remain available until expended: Provided, 

That, notwithstanding the Native American Housing Assistance 

and Self-Determination Act of 1996, to determine the amount of 

the allocation under title I of such Act for each Indian tribe, the 

Secretary shall apply the formula under section 302 of such Act 

with the need component based on single-race Census data and 

with the need component based on multi-race Census data, and 

the amount of the allocation for each Indian tribe shall be the 

greater of the two resulting allocation amounts: Provided further, 

That of the amounts made available under this heading, $3,500,000 

shall be contracted for assistance for a national organization representing Native American housing interests for providing training 

and technical assistance to Indian housing authorities and tribally 

designated housing entities as authorized under NAHASDA; and 

$4,250,000 shall be to support the inspection of Indian housing 

units, contract expertise, training, and technical assistance in the 

training, oversight, and management of such Indian housing and 

tenant-based assistance, including up to $300,000 for related travel: 

Provided further, That of the amount provided under this heading, 

$2,000,000 shall be made available for the cost of guaranteed notes 

and other obligations, as authorized by title VI of NAHASDA: 

Provided further, That such costs, including the costs of modifying 

such notes and other obligations, shall be as defined in section 

502 of the Congressional Budget Act of 1974, as amended: Provided 

further, That these funds are available to subsidize the total principal amount of any notes and other obligations, any part of which 

is to be guaranteed, not to exceed $17,000,000. 

NATIVE HAWAIIAN HOUSING BLOCK GRANT

For the Native Hawaiian Housing Block Grant program, as 

authorized under title VIII of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111 et seq.), 

$10,000,000, to remain available until expended: Provided, That 

of this amount, $299,211 shall be for training and technical assistance activities, including up to $100,000 for related travel by 

Hawaii-based HUD employees. 

INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT

For the cost of guaranteed loans, as authorized by section 

184 of the Housing and Community Development Act of 1992 (12 

U.S.C. 1715z–13a), $9,000,000, to remain available until expended: 

Provided, That such costs, including the costs of modifying such 

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

Act of 1974: Provided further, That these funds are available to 

subsidize total loan principal, any part of which is to be guaranteed, 

up to $420,000,000: Provided further, That up to $750,000 shall 


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123 STAT. 958 PUBLIC LAW 111–8—MAR. 11, 2009 

be for administrative contract expenses including management processes and systems to carry out the loan guarantee program. 

NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND PROGRAM

ACCOUNT

For the cost of guaranteed loans, as authorized by section 

184A of the Housing and Community Development Act of 1992 

(12 U.S.C. 1715z–13b), $1,044,000, to remain available until 

expended: Provided, That such costs, including the costs of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That these funds 

are available to subsidize total loan principal, any part of which 

is to be guaranteed, not to exceed $41,504,255. 

COMMUNITY PLANNING AND DEVELOPMENT

HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

(INCLUDING TRANSFER OF FUNDS) 

For carrying out the Housing Opportunities for Persons with 

AIDS program, as authorized by the AIDS Housing Opportunity 

Act (42 U.S.C. 12901 et seq.), $310,000,000, to remain available 

until September 30, 2010, except that amounts allocated pursuant 

to section 854(c)(3) of such Act shall remain available until September 30, 2011: Provided, That the Secretary shall renew all 

expiring contracts for permanent supportive housing that were 

funded under section 854(c)(3) of such Act that meet all program 

requirements before awarding funds for new contracts and activities 

authorized under this section: Provided further, That the Secretary 

may use not to exceed $1,485,000 of the funds under this heading 

for training, oversight, and technical assistance activities; and not 

to exceed $1,750,000 may be transferred to the Working Capital 

Fund. 

RURAL HOUSING AND ECONOMIC DEVELOPMENT

For the Office of Rural Housing and Economic Development 

in the Department of Housing and Urban Development, 

$26,000,000, to remain available until expended, which amount 

shall be competitively awarded by September 1, 2009, to Indian 

tribes, State housing finance agencies, State community and/or 

economic development agencies, local rural nonprofits and community development corporations to support innovative housing and 

economic development activities in rural areas: Provided, That of 

the total amount made available under this heading, not less than 

$5,000,000 shall be made available to promote economic development and entrepreneurship for federally recognized Indian Tribes, 

through activities including the capitalization of revolving loan 

programs and business planning and development, funding is also 

made available for technical assistance to increase capacity through 

training and outreach activities. 

Contracts. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 959 

COMMUNITY DEVELOPMENT FUND

(INCLUDING TRANSFER OF FUNDS) 

For assistance to units of State and local government, and 

to other entities, for economic and community development activities, and for other purposes, $3,900,000,000, to remain available 

until September 30, 2011, unless otherwise specified: Provided, That of the total amount provided, $3,641,966,875 is for carrying 

out the community development block grant program under title 

I of the Housing and Community Development Act of 1974, as 

amended (the ‘‘Act’’ herein) (42 U.S.C. 5301 et seq.): Provided further, That unless explicitly provided for under this heading (except 

for planning grants provided in the second paragraph and amounts 

made available under the third paragraph), not to exceed 20 percent 

of any grant made with funds appropriated under this heading 

shall be expended for planning and management development and 

administration: Provided further, That of the total amount made 

available under this heading, not to exceed $3,175,000 may be 

transferred to the Working Capital Fund: Provided further, That 

$5,000,000 is for technical assistance as authorized by section 

107(b)(4) of such Act: Provided further, That $65,000,000 shall 

be for grants to Indian tribes notwithstanding section 106(a)(1) 

of such Act, of which, notwithstanding any other provision of law 

(including section 204 of this Act), up to $3,960,000 may be used 

for emergencies that constitute imminent threats to health and 

safety. Of the amount made available under this heading, $165,311,875 

shall be available for grants for the Economic Development Initiative (EDI) to finance a variety of targeted economic investments 

in accordance with the terms and conditions specified in the 

explanatory statement accompanying this Act: Provided, That none 

of the funds provided under this paragraph may be used for program 

operations: Provided further, That, for fiscal years 2007, 2008 and 

2009, no unobligated funds for EDI grants may be used for any 

purpose except acquisition, planning, design, purchase of equipment, revitalization, redevelopment or construction. Of the amount made available under this heading, $19,546,250 

shall be available for neighborhood initiatives that are utilized 

to improve the conditions of distressed and blighted areas and 

neighborhoods, to stimulate investment, economic diversification, 

and community revitalization in areas with population outmigration 

or a stagnating or declining economic base, or to determine whether 

housing benefits can be integrated more effectively with welfare 

reform initiatives: Provided, That amounts made available under 

this paragraph shall be provided in accordance with the terms 

and conditions specified in the explanatory statement accompanying 

this Act. 

The referenced statement of managers under this heading in 

title III of division A of Public Law 109–115 is deemed to be 

amended with respect to item number 889 by striking ‘‘Perry 

County, Pennsylvania to develop an industrial park in New Bloomfield’’ and inserting ‘‘Perry County, Pennsylvania to develop an 

industrial park in Penn Township/Duncannon’’. 

The referenced statement of managers under the heading 

‘‘Community Planning and Development’’ in title II of division K 

of Public Law 110–161 is deemed to be amended by striking: 

‘‘Golden Castings Foundry Demolition and Site Remediation Project 


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123 STAT. 960 PUBLIC LAW 111–8—MAR. 11, 2009 

to raze and remediate the site of the former Golden Castings 

Foundry for the demolition and environmental remediation costs 

of the Golden Castings foundry site’’ and inserting ‘‘To remediate 

the former site of the Columbus Wood Treating Plant in Columbus, 

Indiana’’. 

The referenced explanatory statement under this heading in 

Public Law 110–161 is deemed to be amended with respect to 

the fourth item included in the table found on page 2439 with 

respect to amounts made available for the Springfield Boys and 

Girls Club by striking ‘‘Springfield Boys and Girls Club; Community 

Center; Springfield, IL; Planning, development, land acquisition, 

and construction costs for a new community center in Springfield.’’ 

and inserting ‘‘City of Springfield for capital costs associated with 

the Edwin Watts Southwind Park’’. 

The referenced statement of managers under the heading 

‘‘Community Development Fund’’ in title II of division K of Public 

Law 110–161 is deemed to be amended by striking: ‘‘City of Charlotte, NC for land acquisition in the development of the Belvedere 

Business Park’’ and inserting ‘‘City of Charlotte, NC for development of the Belvedere Business Park’’. 

COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT

For the cost of guaranteed loans, $6,000,000, to remain available until September 30, 2010, as authorized by section 108 of 

the Housing and Community Development Act of 1974 (42 U.S.C. 

5308): 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 these funds are available 

to subsidize total loan principal, any part of which is to be guaranteed, not to exceed $275,000,000, notwithstanding any aggregate 

limitation on outstanding obligations guaranteed in section 108(k) 

of the Housing and Community Development Act of 1974, as 

amended. 

BROWNFIELDS REDEVELOPMENT

For competitive economic development grants, as authorized 

by section 108(q) of the Housing and Community Development 

Act of 1974, as amended, for Brownfields redevelopment projects, 

$10,000,000, to remain available until September 30, 2010: Provided, That no funds made available under this heading may be 

used to establish loan loss reserves for the section 108 Community 

Development Loan Guarantee program. 

HOME INVESTMENT PARTNERSHIPS PROGRAM

(INCLUDING TRANSFER OF FUNDS) 

For the HOME investment partnerships program, as authorized 

under title II of the Cranston-Gonzalez National Affordable Housing 

Act, as amended, $1,825,000,000, to remain available until September 30, 2011, of which not to exceed $4,200,000 may be transferred to the Working Capital Fund: Provided, That up to 

$12,000,000 shall be available for technical assistance: Provided 

further, That, in prior appropriations Acts for Community Housing 

Development Organizations technical assistance, and that still 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 961 

remain available, may be used for HOME technical assistance notwithstanding the purposes for which such amounts were appropriated. 

SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY PROGRAM

For the Self-Help and Assisted Homeownership Opportunity 

Program, as authorized under section 11 of the Housing Opportunity 

Program Extension Act of 1996, as amended, $64,000,000 to remain 

available until September 30, 2011: Provided, That of the total 

amount provided under this heading, $26,500,000 shall be made 

available to the Self-Help and Assisted Homeownership Opportunity 

Program as authorized under section 11 of the Housing Opportunity 

Program Extension Act of 1996, as amended: Provided further, That $34,000,000 shall be made available for the second, third 

and fourth capacity building activities authorized under section 

4(a) of the HUD Demonstration Act of 1993 (42 U.S.C. 9816 note), 

of which not less than $5,000,000 may be made available for rural 

capacity building activities: Provided further, That $3,500,000 shall 

be made available for capacity building activities as authorized 

in sections 6301 through 6305 of Public Law 110–246. 

HOMELESS ASSISTANCE GRANTS

(INCLUDING TRANSFER OF FUNDS) 

For the emergency shelter grants program as authorized under 

subtitle B of title IV of the McKinney-Vento Homeless Assistance 

Act, as amended; the supportive housing program as authorized 

under subtitle C of title IV of such Act; the section 8 moderate 

rehabilitation single room occupancy program as authorized under 

the United States Housing Act of 1937, as amended, to assist 

homeless individuals pursuant to section 441 of the McKinneyVento Homeless Assistance Act; and the shelter plus care program 

as authorized under subtitle F of title IV of such Act, 

$1,677,000,000, of which $1,672,000,000 shall remain available until 

September 30, 2011, and of which $5,000,000 shall remain available 

until expended for rehabilitation projects with 10-year grant terms: 

Provided, That of the amount provided, $10,000,000 shall be made 

available to conduct a demonstration program on the prevention 

of homelessness among the Nation’s veterans: Provided further, 

That the Secretary shall work in coordination with the Department 

of Veterans Affairs and the Department of Labor to select a limited 

number of urban and rural sites in which to carry out this demonstration: Provided further, That in selecting sites, the Secretary 

shall evaluate the rate of homelessness among veterans in the 

area, and the experience of the grantees in coordinating with 

Department of Veterans Affairs and the Department of Labor to 

enable veterans to access mainstream programs: Provided further, 

That of the sites selected, up to three shall have a high number 

of service members separating from the military and transitioning 

into civilian life: Provided further, That the Secretary shall also 

select up to four sites located in rural areas to evaluate how to 

effectively serve veterans in rural areas, many of whom may have 

been part of the National Guard, may have limited access to the 

Department of Veterans Affairs medical centers, and may have 

dependent family members: Provided further, That funding made 

available under this demonstration shall be available for housing 


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123 STAT. 962 PUBLIC LAW 111–8—MAR. 11, 2009 

and appropriate services to prevent veterans and their families 

from becoming homeless or reduce the length of time veterans 

and their families are homeless: Provided further, That of the 

amounts made available under this heading, not to exceed $750,000 

may be available for an evaluation of this demonstration: Provided 

further, That not less than 30 percent of funds made available, 

excluding amounts provided for renewals under the shelter plus 

care program, shall be used for permanent housing for individuals 

and families: Provided further, That all funds awarded for services 

shall be matched by not less than 25 percent in funding by each 

grantee: Provided further, That for all match requirements 

applicable to funds made available under this heading for this 

fiscal year and prior years, a grantee may use (or could have 

used) as a source of match funds other funds administered by 

the Secretary and other Federal agencies unless there is (or was) 

a specific statutory prohibition on any such use of any such funds: 

Provided further, That the Secretary shall renew on an annual 

basis expiring contracts or amendments to contracts funded under 

the shelter plus care program if the program is determined to 

be needed under the applicable continuum of care and meets appropriate program requirements and financial standards, as determined by the Secretary: Provided further, That all awards of assistance under this heading shall be required to coordinate and 

integrate homeless programs with other mainstream health, social 

services, and employment programs for which homeless populations 

may be eligible, including Medicaid, State Children’s Health Insurance Program, Temporary Assistance for Needy Families, Food 

Stamps, and services funding through the Mental Health and Substance Abuse Block Grant, Workforce Investment Act, and the 

Welfare-to-Work grant program: Provided further, That up to 

$8,000,000 of the funds appropriated under this heading shall be 

available for the national homeless data analysis project and technical assistance: Provided further, That of the total amount made 

available under this heading, not to exceed $2,675,000 may be 

transferred to the Working Capital Fund: Provided further, That 

$3,000,000 of the funds appropriated under this heading shall be 

used to conduct research on homeless issues, including homeless 

prevention and youth homelessness: Provided further, That all balances for Shelter Plus Care renewals previously funded from the 

Shelter Plus Care Renewal account and transferred to this account 

shall be available, if recaptured, for Shelter Plus Care renewals 

in fiscal year 2009: Provided further, That this heading in the 

Department of Housing and Urban Development Appropriations 

Act, 2008 is amended by inserting the following new proviso after 

the third proviso: ‘‘Provided further, That the Secretary may renew 

grants made under this demonstration program and may treat 

such original grants and any such renewal grants as if these grants 

were made under the supportive housing program:’’. 

HOUSING PROGRAMS

PROJECT-BASED RENTAL ASSISTANCE

(INCLUDING TRANSFER OF FUNDS) 

For activities and assistance for the provision of project-based 

subsidy contracts under the United States Housing Act of 1937 

(42 U.S.C. 1437 et seq.) (‘‘the Act’’), not otherwise provided for, 

122 Stat. 2423. 

Contracts. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 963 

$7,100,000,000, to remain available until expended, shall be available on October 1, 2008, and $400,000,000, to remain available 

until expended, shall be available on October 1, 2009: Provided, That the amounts made available under this heading are provided 

as follows: 

(1) $6,868,000,000 shall be available for expiring or terminating section 8 project-based subsidy contracts (including section 8 moderate rehabilitation contracts), for amendments to 

section 8 project-based subsidy contracts (including section 8 

moderate rehabilitation contracts), for contracts entered into 

pursuant to section 441 of the McKinney-Vento Homeless 

Assistance Act (42 U.S.C. 11401), for renewal of section 8 

contracts for units in projects that are subject to approved 

plans of action under the Emergency Low Income Housing 

Preservation Act of 1987 or the Low-Income Housing Preservation and Resident Homeownership Act of 1990, and for administrative and other expenses associated with project-based activities and assistance funded under this paragraph. (2) Up to $232,000,000 shall be available for performancebased contract administrators for section 8 project-based assistance: Provided, That the Secretary of Housing and Urban 

Development may also use such amounts for performance-based 

contract administrators for the administration of: interest 

reduction payments pursuant to section 236(a) of the National 

Housing Act (12 U.S.C. 1715z–1(a)); rent supplement payments 

pursuant to section 101 of the Housing and Urban Development 

Act of 1965 (12 U.S.C. 1701s); section 236(f)(2) rental assistance 

payments (12 U.S.C. 1715z–1(f)(2)); project rental assistance 

contracts for the elderly under section 202(c)(2) of the Housing 

Act of 1959 (12 U.S.C. 1701q); project rental assistance contracts for supportive housing for persons with disabilities under 

section 811(d)(2) of the Cranston-Gonzalez National Affordable 

Housing Act (42 U.S.C. 8013(d)(2)); project assistance contracts 

pursuant to section 202(h) of the Housing Act of 1959 (Public 

Law 86–372; 73 Stat. 667); and loans under section 202 of 

the Housing Act of 1959 (Public Law 86–372; 73 Stat. 667). (3) Not to exceed $10,000,000 provided under this heading 

may be transferred to the Working Capital Fund. 

(4) Amounts recaptured under this heading, the heading 

‘‘Annual Contributions for Assisted Housing’’, or the heading 

‘‘Housing Certificate Fund’’ may be used for renewals of or 

amendments to section 8 project-based contracts or for performance-based contract administrators, notwithstanding the purposes for which such amounts were appropriated. 

HOUSING FOR THE ELDERLY

(INCLUDING TRANSFER OF FUNDS) 

For capital advances, including amendments to capital advance 

contracts, for housing for the elderly, as authorized by section 

202 of the Housing Act of 1959, as amended, and for project rental 

assistance for the elderly under section 202(c)(2) of such Act, 

including amendments to contracts for such assistance and renewal 

of expiring contracts for such assistance for up to a 1-year term, 

and for supportive services associated with the housing, 

$765,000,000, to remain available until September 30, 2012, of 

which up to $626,400,000 shall be for capital advance and projectVerDate Nov 24 2008 08:56 Mar 31, 2009 Jkt 079139 PO 00008 Frm 00441 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL008.111 APPS06 PsN: PUBL008

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123 STAT. 964 PUBLIC LAW 111–8—MAR. 11, 2009 

based rental assistance awards: Provided, That, of the amount 

provided under this heading, up to $90,000,000 shall be for service 

coordinators and the continuation of existing congregate service 

grants for residents of assisted housing projects, and of which 

up to $25,000,000 shall be for grants under section 202b of the 

Housing Act of 1959 (12 U.S.C. 1701q–2) for conversion of eligible 

projects under such section to assisted living or related use and 

for substantial and emergency capital repairs as determined by 

the Secretary: Provided further, That of the amount made available 

under this heading, $20,000,000 shall be available to the Secretary 

of Housing and Urban Development only for making competitive 

grants to private nonprofit organizations and consumer cooperatives 

for covering costs of architectural and engineering work, site control, 

and other planning relating to the development of supportive 

housing for the elderly that is eligible for assistance under section 

202 of the Housing Act of 1959 (12 U.S.C. 1701q): Provided further, That amounts under this heading shall be available for Real Estate 

Assessment Center inspections and inspection-related activities 

associated with section 202 capital advance projects: Provided further, That up to $2,000,000 of the total amount made available 

under this heading shall be for technical assistance to improve 

grant applications and to facilitate the development of housing 

for the elderly under section 202 of the Housing Act of 1959, 

and supportive housing for persons with disabilities under section 

811 of the Cranston-Gonzales National Affordable Housing Act: 

Provided further, That of the total amount made available under 

this heading, not to exceed $1,600,000 may be transferred to the 

Working Capital Fund: Provided further, That the Secretary may 

waive the provisions of section 202 governing the terms and conditions of project rental assistance, except that the initial contract 

term for such assistance shall not exceed 5 years in duration. 

HOUSING FOR PERSONS WITH DISABILITIES

(INCLUDING TRANSFER OF FUNDS) 

For capital advance contracts, including amendments to capital 

advance contracts, for supportive housing for persons with disabilities, as authorized by section 811 of the Cranston-Gonzalez 

National Affordable Housing Act (42 U.S.C. 8013), for project rental 

assistance for supportive housing for persons with disabilities under 

section 811(d)(2) of such Act, including amendments to contracts 

for such assistance and renewal of expiring contracts for such 

assistance for up to a 1-year term, and for supportive services 

associated with the housing for persons with disabilities as authorized by section 811(b)(1) of such Act, and for tenant-based rental 

assistance contracts entered into pursuant to section 811 of such 

Act, $250,000,000, of which up to $161,300,000 shall be for capital 

advances and project-based rental assistance contracts, to remain 

available until September 30, 2012: Provided, That of the total 

amount made available under this heading, not to exceed $1,600,000 

may be transferred to the Working Capital Fund: Provided further, 

That, of the amount provided under this heading, $87,100,000 shall 

be for amendments or renewal of tenant-based assistance contracts 

entered into prior to fiscal year 2005 (only one amendment authorized for any such contract): Provided further, That all tenant-based 

assistance made available under this heading shall continue to 

Waiver authority. remain available only to persons with disabilities: Provided further, 

Waiver authority. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 965 

That the Secretary may waive the provisions of section 811 governing the terms and conditions of project rental assistance and 

tenant-based assistance, except that the initial contract term for 

such assistance shall not exceed 5 years in duration: Provided 

further, That amounts made available under this heading shall 

be available for Real Estate Assessment Center inspections and 

inspection-related activities associated with section 811 Capital 

Advance Projects. 

HOUSING COUNSELING ASSISTANCE

For contracts, grants, and other assistance excluding loans, 

as authorized under section 106 of the Housing and Urban Development Act of 1968, as amended, $65,000,000, including up to 

$2,000,000 for administrative contract services, to remain available 

until September 30, 2010: Provided, That funds shall be used for 

providing counseling and advice to tenants and homeowners, both 

current and prospective, with respect to property maintenance, 

financial management/literacy, and such other matters as may be 

appropriate to assist them in improving their housing conditions, 

meeting their financial needs, and fulfilling the responsibilities 

of tenancy or homeownership; for program administration; and for 

housing counselor training. 

OTHER ASSISTED HOUSING PROGRAMS

RENTAL HOUSING ASSISTANCE

For amendments to contracts under section 101 of the Housing 

and Urban Development Act of 1965 (12 U.S.C. 1701s) and section 

236(f)(2) of the National Housing Act (12 U.S.C. 1715z–1) in Stateaided, non-insured rental housing projects, $27,600,000, to remain 

available until expended. 

RENT SUPPLEMENT

(RESCISSION) 

Of the amounts recaptured from terminated contracts under 

section 101 of the Housing and Urban Development Act of 1965 

(12 U.S.C. 1701s) and section 236 of the National Housing Act 

(12 U.S.C. 1715z–1) $37,600,000 are rescinded. 

PAYMENT TO MANUFACTURED HOUSING FEES TRUST FUND

For necessary expenses as authorized by the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 

U.S.C. 5401 et seq.), up to $16,000,000, to remain available until 

expended, of which $10,600,000 is to be derived from the Manufactured Housing Fees Trust Fund: Provided, That not to exceed 

the total amount appropriated under this heading shall be available 

from the general fund of the Treasury to the extent necessary 

to incur obligations and make expenditures pending the receipt 

of collections to the Fund pursuant to section 620 of such Act: 

Provided further, That the amount made available under this 

heading from the general fund shall be reduced as such collections 

are received during fiscal year 2009 so as to result in a final 

fiscal year 2009 appropriation from the general fund estimated 

at not more than $5,400,000 and fees pursuant to such section 

Inspections. 


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123 STAT. 966 PUBLIC LAW 111–8—MAR. 11, 2009 

620 shall be modified as necessary to ensure such a final fiscal 

year 2009 appropriation: Provided further, That for the dispute 

resolution and installation programs, the Secretary of Housing and 

Urban Development may assess and collect fees from any program 

participant: Provided further, That such collections shall be deposited into the Fund, and the Secretary, as provided herein, may 

use such collections, as well as fees collected under section 620, 

for necessary expenses of such Act: Provided further, That notwithstanding the requirements of section 620 of such Act, the Secretary 

may carry out responsibilities of the Secretary under such Act 

through the use of approved service providers that are paid directly 

by the recipients of their services. 

FEDERAL HOUSING ADMINISTRATION

MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS) 

During fiscal year 2009, commitments to guarantee single 

family loans insured under the Mutual Mortgage Insurance Fund 

shall not exceed a loan principal of $315,000,000,000. During fiscal 

year 2009, obligations to make direct loans to carry out the purposes 

of section 204(g) of the National Housing Act, as amended, shall 

not exceed $50,000,000: Provided, That the foregoing amount shall 

be for loans to nonprofit and governmental entities in connection 

with sales of single family real properties owned by the Secretary 

and formerly insured under the Mutual Mortgage Insurance Fund. 

For administrative contract expenses, $116,000,000, of which at 

least $46,794,000 shall, and up to $58,492,500 may, be transferred 

to the Working Capital Fund, and of which up to $7,500,000 shall 

be for education and outreach of FHA single family loan products: 

Provided further, That to the extent guaranteed loan commitments 

exceed $65,500,000,000 on or before April 1, 2009, an additional 

$1,400 for administrative contract expenses shall be available for 

each $1,000,000 in additional guaranteed loan commitments 

(including a pro rata amount for any amount below $1,000,000), 

but in no case shall funds made available by this proviso exceed 

$30,000,000. 

GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

For the cost of guaranteed loans, as authorized by sections 

238 and 519 of the National Housing Act (12 U.S.C. 1715z–3 and 

1735c), including the cost of loan guarantee modifications, as that 

term is defined in section 502 of the Congressional Budget Act 

of 1974, as amended, $8,600,000, to remain available until 

expended: Provided, That commitments to guarantee loans shall 

not exceed $45,000,000,000 in total loan principal, any part of 

which is to be guaranteed. Gross obligations for the principal 

amount of direct loans, as authorized by sections 204(g), 207(l), 

238, and 519(a) of the National Housing Act, shall not exceed 

$50,000,000, of which not to exceed $30,000,000 shall be for bridge 

financing in connection with the sale of multifamily real properties 

owned by the Secretary and formerly insured under such Act; 

and of which not to exceed $20,000,000 shall be for loans to nonprofit and governmental entities in connection with the sale of 

single-family real properties owned by the Secretary and formerly 


dkrause on GSDDPC29 with PUBLIC LAWS
PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 967 

insured under such Act. For administrative contract expenses necessary to carry out the guaranteed and direct loan programs, 

$48,871,000, of which at least $47,871,000 shall be for administrative contracts and up to $1,000,000 shall be for consumer education 

and outreach for FHA loan products. 

GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN GUARANTEE

PROGRAM ACCOUNT

New commitments to issue guarantees to carry out the purposes 

of section 306 of the National Housing Act, as amended (12 U.S.C. 

1721(g)), shall not exceed $300,000,000,000, to remain available 

until September 30, 2010: Provided, That to the extent new guaran- tees of mortgage-backed securities exceed $75,000,000,000 on or 

before April 1, 2009, an additional $1,000 for administrative contract expenses shall be available for each $1,000,000 in additional 

guaranteed loan commitments (including a pro rata amount for 

any amount below $1,000,000) but in no case shall funds made 

available by this proviso exceed $14,000,000. 

POLICY DEVELOPMENT AND RESEARCH

RESEARCH AND TECHNOLOGY

For contracts, grants, and necessary expenses of programs of 

research and studies relating to housing and urban problems, not 

otherwise provided for, as authorized by title V of the Housing 

and Urban Development Act of 1970 (12 U.S.C. 1701z–1 et seq.), 

including carrying out the functions of the Secretary of Housing 

and Urban Development under section 1(a)(1)(i) of Reorganization 

Plan No. 2 of 1968, $58,000,000, to remain available until September 30, 2010: Provided, That of the funds made available under 

this heading, $23,000,000 is for grants pursuant to section 107 

of the Housing and Community Development Act of 1974 (42 U.S.C. 

5307): Provided further, That at least $1,000,000 shall be available 

for the Secretary to conduct a comprehensive study to be managed 

by the Office of Policy Development and Research, to analyze the 

administrative costs necessary to carry-out the tenant-based 

voucher program: Provided further, That of the total amount made 

available, $2,000,000 may be made available for technology directly 

related to disaster prone areas. 

FAIR HOUSING AND EQUAL OPPORTUNITY

FAIR HOUSING ACTIVITIES

For contracts, grants, and other assistance, not otherwise provided for, as authorized by title VIII of the Civil Rights Act of 

1968, as amended by the Fair Housing Amendments Act of 1988, 

and section 561 of the Housing and Community Development Act 

of 1987, as amended, $53,500,000, to remain available until September 30, 2010, of which $27,500,000 shall be to carry out activities 

pursuant to such section 561 of which up to $2,000,000 shall be 

made available to carryout authorized activities to protect the public 

from mortgage rescue scams: Provided, That notwithstanding 31 

U.S.C. 3302, the Secretary may assess and collect fees to cover 

the costs of the Fair Housing Training Academy, and may use 


dkrause on GSDDPC29 with PUBLIC LAWS
123 STAT. 968 PUBLIC LAW 111–8—MAR. 11, 2009 

such funds to provide such training: Provided further, That no 

funds made available under this heading shall be used to lobby 

the executive or legislative branches of the Federal Government 

in connection with a specific contract, grant or loan: Provided further, That of the funds made available under this heading, $500,000 

shall be available to the Secretary of Housing and Urban Development for the creation and promotion of translated materials and 

other programs that support the assistance of persons with limited 

English proficiency in utilizing the services provided by the Department of Housing and Urban Development. 

OFFICE OF HEALTHY HOMES AND LEAD HAZARD CONTROL

LEAD HAZARD REDUCTION

For the Lead Hazard Reduction Program, as authorized by 

section 1011 of the Residential Lead-Based Paint Hazard Reduction 

Act of 1992, $140,000,000, to remain available until September 

30, 2010, of which not less than $14,600,000 shall be for the 

Healthy Homes Initiative, pursuant to sections 501 and 502 of 

the Housing and Urban Development Act of 1970 that shall include 

research, studies, testing, and demonstration efforts, including education and outreach concerning lead-based paint poisoning and other 

housing-related diseases and hazards: Provided, That for purposes 

of environmental review, pursuant to the National Environmental 

Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other provisions 

of law that further the purposes of such Act, a grant under the 

Healthy Homes Initiative, Operation Lead Elimination Action Plan 

(LEAP), or the Lead Technical Studies program under this heading 

or under prior appropriations Acts for such purposes under this 

heading, shall be considered to be funds for a special project for 

purposes of section 305(c) of the Multifamily Housing Property 

Disposition Reform Act of 1994: Provided further, That of the total 

amount made available under this heading, $48,000,000 shall be 

made available on a competitive basis for areas with the highest 

lead paint abatement needs: Provided further, That each recipient 

of funds provided under the second proviso shall make a matching 

contribution in an amount not less than 25 percent: Provided further, That the Secretary may waive the matching requirement 

cited in the preceding proviso on a case by case basis if the Secretary 

determines that such a waiver is necessary to advance the purposes 

of this program: Provided further, That each applicant shall submit 

a detailed plan and strategy that demonstrates adequate capacity 

that is acceptable to the Secretary to carry out the proposed use 

of funds pursuant to a notice of funding availability: Provided 

further, That amounts made available under this heading in prior 

appropriations Acts, and that still remain available, may be used 

for any purpose under this heading notwithstanding the purpose 

for which such amounts were appropriated: Provided further, That 

of the total amount made available under this heading, $250,000 

shall be allocated through the Office of Healthy Homes and Lead 

Hazard Control to conduct communications and outreach to potential applicants to the Lead Hazard Reduction Demonstration Grant 

program. 

Plan. 

Notice. 

Waiver authority. 

Lobbying. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 969 

MANAGEMENT AND ADMINISTRATION

WORKING CAPITAL FUND

For additional capital for the Working Capital Fund (42 U.S.C. 

3535) for the development of, modifications to, and infrastructure 

for Department-wide information technology systems, for the continuing operation and maintenance of both Department-wide and 

program-specific information systems, and for program-related 

development activities, $224,000,000, to remain available until September 30, 2010, of which not less than $4,000,000 shall be used 

for planning for modernizing, improving and maintaining information technology applications and infrastructure supporting the FHA: 

Provided, That any amounts transferred to this Fund under this 

Act shall remain available until expended: Provided further, That 

any amounts transferred to this Fund from amounts appropriated 

by previously enacted appropriations Acts or from within this Act 

may be used only for the purposes specified under this Fund, 

in addition to the purposes for which such amounts were appropriated: Provided further, That up to $15,000,000 may be transferred to this account from all other accounts in this title (except 

for the Office of the Inspector General account) that make funds 

available for salaries and expenses. 

OFFICE OF INSPECTOR GENERAL

For necessary salaries and expenses of the Office of Inspector 

General in carrying out the Inspector General Act of 1978, as 

amended, $120,000,000: Provided, That the Inspector General shall 

have independent authority over all personnel issues within this 

office. 

GENERAL PROVISIONS—DEPARTMENT OF HOUSING AND URBAN

DEVELOPMENT

(INCLUDING RESCISSION OF FUNDS) 

SEC. 201. Fifty percent of the amounts of budget authority, 

or in lieu thereof 50 percent of the cash amounts associated with 

such budget authority, that are recaptured from projects described 

in section 1012(a) of the Stewart B. McKinney Homeless Assistance 

Amendments Act of 1988 (42 U.S.C. 1437 note) shall be rescinded 

or in the case of cash, shall be remitted to the Treasury, and 

such amounts of budget authority or cash recaptured and not 

rescinded or remitted to the Treasury shall be used by State housing 

finance agencies or local governments or local housing agencies 

with projects approved by the Secretary of Housing and Urban 

Development for which settlement occurred after January 1, 1992, 

in accordance with such section. Notwithstanding the previous sentence, the Secretary may award up to 15 percent of the budget 

authority or cash recaptured and not rescinded or remitted to 

the Treasury to provide project owners with incentives to refinance 

their project at a lower interest rate. 

SEC. 202. None of the amounts made available under this 

Act may be used during fiscal year 2009 to investigate or prosecute 

under the Fair Housing Act any otherwise lawful activity engaged 

in by one or more persons, including the filing or maintaining 

of a non-frivolous legal action, that is engaged in solely for the 


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123 STAT. 970 PUBLIC LAW 111–8—MAR. 11, 2009 

purpose of achieving or preventing action by a Government official 

or entity, or a court of competent jurisdiction. 

SEC. 203. (a) Notwithstanding section 854(c)(1)(A) of the AIDS 

Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from any 

amounts made available under this title for fiscal year 2009 that 

are allocated under such section, the Secretary of Housing and 

Urban Development shall allocate and make a grant, in the amount 

determined under subsection (b), for any State that— 

(1) received an allocation in a prior fiscal year under clause 

(ii) of such section; and 

(2) is not otherwise eligible for an allocation for fiscal 

year 2009 under such clause (ii) because the areas in the 

State outside of the metropolitan statistical areas that qualify 

under clause (i) in fiscal year 2009 do not have the number 

of cases of acquired immunodeficiency syndrome (AIDS) 

required under such clause. 

(b) The amount of the allocation and grant for any State 

described in subsection (a) shall be an amount based on the cumulative number of AIDS cases in the areas of that State that are 

outside of metropolitan statistical areas that qualify under clause 

(i) of such section 854(c)(1)(A) in fiscal year 2009, in proportion 

to AIDS cases among cities and States that qualify under clauses 

(i) and (ii) of such section and States deemed eligible under subsection (a). 

(c) Notwithstanding any other provision of law, the amount 

allocated for fiscal year 2009 under section 854(c) of the AIDS 

Housing Opportunity Act (42 U.S.C. 12903(c)), to the City of New 

York, New York, on behalf of the New York-Wayne-White Plains, 

New York-New Jersey Metropolitan Division (hereafter ‘‘metropolitan division’’) of the New York-Newark-Edison, NY-NJ-PA Metropolitan Statistical Area, shall be adjusted by the Secretary of 

Housing and Urban Development by: (1) allocating to the City 

of Jersey City, New Jersey, the proportion of the metropolitan 

area’s or division’s amount that is based on the number of cases 

of AIDS reported in the portion of the metropolitan area or division 

that is located in Hudson County, New Jersey, and adjusting for 

the proportion of the metropolitan division’s high incidence bonus 

if this area in New Jersey also has a higher than average per 

capita incidence of AIDS; and (2) allocating to the City of Paterson, 

New Jersey, the proportion of the metropolitan area’s or division’s 

amount that is based on the number of cases of AIDS reported 

in the portion of the metropolitan area or division that is located 

in Bergen County and Passaic County, New Jersey, and adjusting 

for the proportion of the metropolitan division’s high incidence 

bonus if this area in New Jersey also has a higher than average 

per capita incidence of AIDS. The recipient cities shall use amounts 

allocated under this subsection to carry out eligible activities under 

section 855 of the AIDS Housing Opportunity Act (42 U.S.C. 12904) 

in their respective portions of the metropolitan division that is 

located in New Jersey. 

(d) Notwithstanding any other provision of law, the amount 

allocated for fiscal year 2009 under section 854(c) of the AIDS 

Housing Opportunity Act (42 U.S.C. 12903(c)) to areas with a 

higher than average per capita incidence of AIDS, shall be adjusted 

by the Secretary on the basis of area incidence reported over a 

3 year period. 

New Jersey. 

Grants. 

AIDS. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 971 

SEC. 204. Except as explicitly provided in law, any grant, 

cooperative agreement or other assistance made pursuant to title 

II of this Act shall be made on a competitive basis and in accordance 

with section 102 of the Department of Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3545). 

SEC. 205. Funds of the Department of Housing and Urban 

Development subject to the Government Corporation Control Act 

or section 402 of the Housing Act of 1950 shall be available, without 

regard to the limitations on administrative expenses, for legal services on a contract or fee basis, and for utilizing and making payment 

for services and facilities of the Federal National Mortgage Association, Government National Mortgage Association, Federal Home 

Loan Mortgage Corporation, Federal Financing Bank, Federal 

Reserve banks or any member thereof, Federal Home Loan banks, 

and any insured bank within the meaning of the Federal Deposit 

Insurance Corporation Act, as amended (12 U.S.C. 1811–1831). 

SEC. 206. Unless otherwise provided for in this Act or through 

a reprogramming of funds, no part of any appropriation for the 

Department of Housing and Urban Development shall be available 

for any program, project or activity in excess of amounts set forth 

in the budget estimates submitted to Congress. 

SEC. 207. Corporations and agencies of the Department of 

Housing and Urban Development which are subject to the Government Corporation Control Act, are hereby authorized to make such 

expenditures, within the limits of funds and borrowing authority 

available to each such corporation or agency and in accordance 

with law, and to make such contracts and commitments without 

regard to fiscal year limitations as provided by section 104 of 

such Act as may be necessary in carrying out the programs set 

forth in the budget for 2009 for such corporation or agency except 

as hereinafter provided: Provided, That collections of these corporations and agencies may be used for new loan or mortgage purchase 

commitments only to the extent expressly provided for in this 

Act (unless such loans are in support of other forms of assistance 

provided for in this or prior appropriations Acts), except that this 

proviso shall not apply to the mortgage insurance or guaranty 

operations of these corporations, or where loans or mortgage purchases are necessary to protect the financial interest of the United 

States Government. 

SEC. 208. None of the funds provided in this title for technical 

assistance, training, or management improvements may be obligated or expended unless the Secretary of Housing and Urban 

Development provides to the Committees on Appropriations a 

description of each proposed activity and a detailed budget estimate 

of the costs associated with each program, project or activity as 

part of the Budget Justifications. For fiscal year 2009, the Secretary 

shall transmit this information to the Committees by March 15, 

2009 for 30 days of review. 

SEC. 209. The Secretary of Housing and Urban Development 

shall provide quarterly reports to the House and Senate Committees 

on Appropriations regarding all uncommitted, unobligated, recaptured and excess funds in each program and activity within the 

jurisdiction of the Department and shall submit additional, updated 

budget information to these Committees upon request. 

SEC. 210. (a) Notwithstanding any other provision of law, the 

amount allocated for fiscal year 2009 under section 854(c) of the 

AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), to the City 

AIDS. 

New Jersey. 

Reports. 

Deadline. 

Budget. 

Deadline. 

Budget estimate. 


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123 STAT. 972 PUBLIC LAW 111–8—MAR. 11, 2009 

of Wilmington, Delaware, on behalf of the Wilmington, DelawareMaryland-New Jersey Metropolitan Division (hereafter ‘‘metropolitan division’’), shall be adjusted by the Secretary of Housing and 

Urban Development by allocating to the State of New Jersey the 

proportion of the metropolitan division’s amount that is based on 

the number of cases of AIDS reported in the portion of the metropolitan division that is located in New Jersey, and adjusting for the 

proportion of the metropolitan division’s high incidence bonus if 

this area in New Jersey also has a higher than average per capita 

incidence of AIDS. The State of New Jersey shall use amounts 

allocated to the State under this subsection to carry out eligible 

activities under section 855 of the AIDS Housing Opportunity Act 

(42 U.S.C. 12904) in the portion of the metropolitan division that 

is located in New Jersey. 

(b) Notwithstanding any other provision of law, the Secretary 

of Housing and Urban Development shall allocate to Wake County, 

North Carolina, the amounts that otherwise would be allocated 

for fiscal year 2009 under section 854(c) of the AIDS Housing 

Opportunity Act (42 U.S.C. 12903(c)) to the City of Raleigh, North 

Carolina, on behalf of the Raleigh-Cary, North Carolina Metropolitan Statistical Area. Any amounts allocated to Wake County shall 

be used to carry out eligible activities under section 855 of such 

Act (42 U.S.C. 12904) within such metropolitan statistical area. 

(c) Notwithstanding section 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), the Secretary of Housing and Urban 

Development may adjust the allocation of the amounts that otherwise would be allocated for fiscal year 2009 under section 854(c) 

of such Act, upon the written request of an applicant, in conjunction 

with the State(s), for a formula allocation on behalf of a metropolitan statistical area, to designate the State or States in which 

the metropolitan statistical area is located as the eligible grantee(s) 

of the allocation. In the case that a metropolitan statistical area 

involves more than one State, such amounts allocated to each 

State shall be in proportion to the number of cases of AIDS reported 

in the portion of the metropolitan statistical area located in that 

State. Any amounts allocated to a State under this section shall 

be used to carry out eligible activities within the portion of the 

metropolitan statistical area located in that State. 

SEC. 211. The President’s formal budget request for fiscal year 

2010, as well as the Department of Housing and Urban Development’s congressional budget justifications to be submitted to the 

Committees on Appropriations of the House of Representatives and 

the Senate, shall use the identical account and sub-account structure provided under this Act. 

SEC. 212. A public housing agency or such other entity that 

administers Federal housing assistance for the Housing Authority 

of the county of Los Angeles, California, the States of Alaska, 

Iowa, and Mississippi shall not be required to include a resident 

of public housing or a recipient of assistance provided under section 

8 of the United States Housing Act of 1937 on the board of directors 

or a similar governing board of such agency or entity as required 

under section (2)(b) of such Act. Each public housing agency or 

other entity that administers Federal housing assistance under 

section 8 for the Housing Authority of the county of Los Angeles, 

California and the States of Alaska, Iowa and Mississippi that 

chooses not to include a resident of Public Housing or a recipient 

Establishment. 

State listing. 

Budget. 

North Carolina. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 973 

of section 8 assistance on the board of directors or a similar governing board shall establish an advisory board of not less than 

six residents of public housing or recipients of section 8 assistance 

to provide advice and comment to the public housing agency or 

other administering entity on issues related to public housing and 

section 8. Such advisory board shall meet not less than quarterly. 

SEC. 213. (a) Notwithstanding any other provision of law, subject to the conditions listed in subsection (b), for fiscal years 2008 

and 2009, the Secretary of Housing and Urban Development may 

authorize the transfer of some or all project-based assistance, debt 

and statutorily required low-income and very low-income use 

restrictions, associated with one or more multifamily housing project 

to another multifamily housing project or projects. 

(b) The transfer authorized in subsection (a) is subject to the 

following conditions: 

(1) The number of low-income and very low-income units 

and the net dollar amount of Federal assistance provided by 

the transferring project shall remain the same in the receiving 

project or projects. 

(2) The transferring project shall, as determined by the 

Secretary, be either physically obsolete or economically nonviable. 

(3) The receiving project or projects shall meet or exceed 

applicable physical standards established by the Secretary. 

(4) The owner or mortgagor of the transferring project 

shall notify and consult with the tenants residing in the 

transferring project and provide a certification of approval by 

all appropriate local governmental officials. 

(5) The tenants of the transferring project who remain 

eligible for assistance to be provided by the receiving project 

or projects shall not be required to vacate their units in the 

transferring project or projects until new units in the receiving 

project are available for occupancy. 

(6) The Secretary determines that this transfer is in the 

best interest of the tenants. 

(7) If either the transferring project or the receiving project 

or projects meets the condition specified in subsection (c)(2)(A), 

any lien on the receiving project resulting from additional 

financing obtained by the owner shall be subordinate to any 

FHA-insured mortgage lien transferred to, or placed on, such 

project by the Secretary. 

(8) If the transferring project meets the requirements of 

subsection (c)(2)(E), the owner or mortgagor of the receiving 

project or projects shall execute and record either a continuation 

of the existing use agreement or a new use agreement for 

the project where, in either case, any use restrictions in such 

agreement are of no lesser duration than the existing use 

restrictions. 

(9) Any financial risk to the FHA General and Special 

Risk Insurance Fund, as determined by the Secretary, would 

be reduced as a result of a transfer completed under this 

section. 

(10) The Secretary determines that Federal liability with 

regard to this project will not be increased. 

(c) For purposes of this section— 

(1) the terms ‘‘low-income’’ and ‘‘very low-income’’ shall 

have the meanings provided by the statute and/or regulations 

Definitions. 

Notification. 

Certification. 

Standards. 

Transfer 

authority. 


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123 STAT. 974 PUBLIC LAW 111–8—MAR. 11, 2009 

governing the program under which the project is insured or 

assisted; 

(2) the term ‘‘multifamily housing project’’ means housing 

that meets one of the following conditions— 

(A) housing that is subject to a mortgage insured under 

the National Housing Act; 

(B) housing that has project-based assistance attached 

to the structure including projects undergoing mark to 

market debt restructuring under the Multifamily Assisted 

Housing Reform and Affordability Housing Act; 

(C) housing that is assisted under section 202 of the 

Housing Act of 1959 as amended by section 801 of the 

Cranston-Gonzales National Affordable Housing Act; 

(D) housing that is assisted under section 202 of the 

Housing Act of 1959, as such section existed before the 

enactment of the Cranston-Gonzales National Affordable 

Housing Act; or 

(E) housing or vacant land that is subject to a use 

agreement; 

(3) the term ‘‘project-based assistance’’ means— 

(A) assistance provided under section 8(b) of the United 

States Housing Act of 1937; 

(B) assistance for housing constructed or substantially 

rehabilitated pursuant to assistance provided under section 

8(b)(2) of such Act (as such section existed immediately 

before October 1, 1983); 

(C) rent supplement payments under section 101 of 

the Housing and Urban Development Act of 1965; 

(D) interest reduction payments under section 236 and/ 

or additional assistance payments under section 236(f)(2) 

of the National Housing Act; and 

(E) assistance payments made under section 202(c)(2) 

of the Housing Act of 1959; 

(4) the term ‘‘receiving project or projects’’ means the multifamily housing project or projects to which some or all of 

the project-based assistance, debt, and statutorily required use 

low-income and very low-income restrictions are to be transferred; 

(5) the term ‘‘transferring project’’ means the multifamily 

housing project which is transferring some or all of the projectbased assistance, debt and the statutorily required low-income 

and very low-income use restrictions to the receiving project 

or projects; and 

(6) the term ‘‘Secretary’’ means the Secretary of Housing 

and Urban Development. 

SEC. 214. The funds made available for Native Alaskans under 

the heading ‘‘Native American Housing Block Grants’’ in title III 

of this Act shall be allocated to the same Native Alaskan housing 

block grant recipients that received funds in fiscal year 2005. 

SEC. 215. No funds provided under this title may be used 

for an audit of the Government National Mortgage Association 

that makes applicable requirements under the Federal Credit 

Reform Act of 1990 (2 U.S.C. 661 et seq.). 

SEC. 216. (a) No assistance shall be provided under section 

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

to any individual who— 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 975 

(1) is enrolled as a student at an institution of higher 

education (as defined under section 102 of the Higher Education 

Act of 1965 (20 U.S.C. 1002)); 

(2) is under 24 years of age; 

(3) is not a veteran; 

(4) is unmarried; 

(5) does not have a dependent child; 

(6) is not a person with disabilities, as such term is defined 

in section 3(b)(3)(E) of the United States Housing Act of 1937 

(42 U.S.C. 1437a(b)(3)(E)) and was not receiving assistance 

under such section 8 as of November 30, 2005; and 

(7) is not otherwise individually eligible, or has parents 

who, individually or jointly, are not eligible, to receive assistance under section 8 of the United States Housing Act of 

1937 (42 U.S.C. 1437f). 

(b) For purposes of determining the eligibility of a person 

to receive assistance under section 8 of the United States Housing 

Act of 1937 (42 U.S.C. 1437f), any financial assistance (in excess 

of amounts received for tuition) that an individual receives under 

the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), from 

private sources, or an institution of higher education (as defined 

under the Higher Education Act of 1965 (20 U.S.C. 1002)), shall 

be considered income to that individual, except for a person over 

the age of 23 with dependent children. 

SEC. 217. Notwithstanding the limitation in the first sentence 

of section 255(g) of the National Housing Act (12 U.S.C. 1715z– 

20(g)), the Secretary of Housing and Urban Development may, 

until September 30, 2009, insure and enter into commitments to 

insure mortgages under section 255 of the National Housing Act 

(12 U.S.C. 1715z–20). 

SEC. 218. Notwithstanding any other provision of law, in fiscal 

year 2009, in managing and disposing of any multifamily property 

that is owned or has a mortgage held by the Secretary of Housing 

and Urban Development, the Secretary shall maintain any rental 

assistance payments under section 8 of the United States Housing 

Act of 1937 and other programs that are attached to any dwelling 

units in the property. To the extent the Secretary determines, 

in consultation with the tenants and the local government, that 

such a multifamily property owned or held by the Secretary is 

not feasible for continued rental assistance payments under such 

section 8 or other programs, based on consideration of (1) the 

costs of rehabilitating and operating the property and all available 

Federal, State, and local resources, including rent adjustments 

under section 524 of the Multifamily Assisted Housing Reform 

and Affordability Act of 1997 (‘‘MAHRAA’’) and (2) environmental 

conditions that cannot be remedied in a cost-effective fashion, the 

Secretary may, in consultation with the tenants of that property, 

contract for project-based rental assistance payments with an owner 

or owners of other existing housing properties, or provide other 

rental assistance. The Secretary shall also take appropriate steps 

to ensure that project-based contracts remain in effect prior to 

foreclosure, subject to the exercise of contractual abatement remedies to assist relocation of tenants for imminent major threats 

to health and safety. After disposition of any multifamily property 

described under this section, the contract and allowable rent levels 

on such properties shall be subject to the requirements under 

section 524 of MAHRAA. 

Determination. 

Contracts. 


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123 STAT. 976 PUBLIC LAW 111–8—MAR. 11, 2009 

SEC. 219. During fiscal year 2009, in the provision of rental 

assistance under section 8(o) of the United States Housing Act 

of 1937 (42 U.S.C. 1437f(o)) in connection with a program to demonstrate the economy and effectiveness of providing such assistance 

for use in assisted living facilities that is carried out in the counties 

of the State of Michigan notwithstanding paragraphs (3) and 

(18)(B)(iii) of such section 8(o), a family residing in an assisted 

living facility in any such county, on behalf of which a public 

housing agency provides assistance pursuant to section 8(o)(18) 

of such Act, may be required, at the time the family initially 

receives such assistance, to pay rent in an amount exceeding 40 

percent of the monthly adjusted income of the family by such 

a percentage or amount as the Secretary of Housing and Urban 

Development determines to be appropriate. 

SEC. 220. The Secretary of Housing and Urban Development 

shall report quarterly to the House of Representatives and Senate 

Committees on Appropriations on HUD’s use of all sole source 

contracts, including terms of the contracts, cost, and a substantive 

rationale for using a sole source contract. 

SEC. 221. Notwithstanding any other provision of law, the 

recipient of a grant under section 202b of the Housing Act of 

1959 (12 U.S.C. 1701q–2) after December 26, 2000, in accordance 

with the unnumbered paragraph at the end of section 202(b) of 

such Act, may, at its option, establish a single-asset nonprofit 

entity to own the project and may lend the grant funds to such 

entity, which may be a private nonprofit organization described 

in section 831 of the American Homeownership and Economic 

Opportunity Act of 2000. 

SEC. 222. (a) The amounts provided under the subheading 

‘‘Program Account’’ under the heading ‘‘Community Development 

Loan Guarantees’’ may be used to guarantee, or make commitments 

to guarantee, notes, or other obligations issued by any State on 

behalf of non-entitlement communities in the State in accordance 

with the requirements of section 108 of the Housing and Community 

Development Act of 1974: Provided, That, any State receiving such 

a guarantee or commitment shall distribute all funds subject to 

such guarantee to the units of general local government in nonentitlement areas that received the commitment. 

(b) Not later than 60 days after the date of enactment of 

this Act, the Secretary of Housing and Urban Development shall 

promulgate regulations governing the administration of the funds 

described under subsection (a). 

SEC. 223. Section 24 of the United States Housing Act of 

1937 (42 U.S.C. 1437v) is amended— 

(1) in subsection (m)(1), by striking ‘‘2003’’ and inserting 

‘‘2009’’; and 

(2) in subsection (o), by striking ‘‘September 30, 2007’’ 

and inserting ‘‘September 30, 2009’’. 

SEC. 224. (a) REQUIRED SUBMISSIONS FOR FISCAL YEARS 2008 

AND 2009.— 

(1) IN GENERAL.—Not later than 60 days after the date 

of enactment of this Act, the Secretary of Housing and Urban 

Development shall submit to the relevant authorizing committees and to the Committees on Appropriations of the Senate 

and the House of Representatives for fiscal years 2008 and 

2009— 

Deadline. 

Deadline. 

Regulations. 

Reports. 

Deadline. 

Contracts. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 977 

(A) a complete and accurate accounting of the actual 

project-based renewal costs for project-based assistance 

under section 8 of the United States Housing Act of 1937 

(42 U.S.C. 1437f); 

(B) revised estimates of the funding needed to fully 

fund all 12 months of all project-based contracts under 

such section 8, including project-based contracts that expire 

in fiscal year 2008 and fiscal year 2009; and 

(C) all sources of funding that will be used to fully 

fund all 12 months of the project-based contracts for fiscal 

years 2008 and 2009. 

(2) UPDATED INFORMATION.—At any time after the expiration of the 60-day period described in paragraph (1), the Secretary may submit corrections or updates to the information 

required under paragraph (1), if upon completion of an audit 

of the project-based assistance program under section 8 of the 

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

audit reveals additional information that may provide Congress 

a more complete understanding of the Secretary’s implementation of the project-based assistance program under such section 

8. 

(b) REQUIRED SUBMISSIONS FOR FISCAL YEAR 2010.—As part 

of the Department of Housing and Urban Development’s budget 

request for fiscal year 2010, the Secretary of Housing and Urban 

Development shall submit to the relevant authorizing committees 

and to the Committees on Appropriations of the Senate and the 

House of Representatives complete and detailed information, 

including a project-by-project analysis, that verifies that such 

budget request will fully fund all project-based contracts under 

section 8 of the United States Housing Act of 1937 (42 U.S.C. 

1437f) in fiscal year 2010, including expiring project-based contracts. 

SEC. 225. Public housing agencies that own and operate 400 

or fewer public housing units may elect to be exempt from any 

asset management requirement imposed by the Secretary of 

Housing and Urban Development in connection with the operating 

fund rule: Provided, That an agency seeking a discontinuance of 

a reduction of subsidy under the operating fund formula shall 

not be exempt from asset management requirements. 

SEC. 226. With respect to the use of amounts provided in 

this Act and in future Acts for the operation, capital improvement 

and management of public housing as authorized by sections 9(d) 

and 9(e) of the United States Housing Act of 1937 (42 U.S.C. 

1437g(d) and (e)), the Secretary shall not impose any requirement 

or guideline relating to asset management that restricts or limits 

in any way the use of capital funds for central office costs pursuant 

to section 9(g)(1) or 9(g)(2) of the United States Housing Act of 

1937 (42 U.S.C. 1437g(g)(1), (2)): Provided, however, that a public 

housing agency may not use capital funds authorized under section 

9(d) for activities that are eligible under section 9(e) for assistance 

with amounts from the operating fund in excess of the amounts 

permitted under section 9(g)(1) or 9(g)(2). 

SEC. 227. The Secretary of Housing and Urban Development 

shall report quarterly to the House of Representatives and Senate 

Committees on Appropriations on the status of all section 8 projectbased housing, including the number of all project-based units 

by region as well as an analysis of all federally subsidized housing 

being refinanced under the Mark-to-Market program. The Secretary 

Reports. 

Deadline. 

42 USC 1437g 

note. 

Exemption. 


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123 STAT. 978 PUBLIC LAW 111–8—MAR. 11, 2009 

shall in the report identify all existing units maintained by region 

as section 8 project-based units and all project-based units that 

have opted out of section 8 or have otherwise been eliminated 

as section 8 project-based units. The Secretary shall identify in 

detail and by project all the efforts made by the Department to 

preserve all section 8 project-based housing units and all the reasons 

for any units which opted out or otherwise were lost as section 

8 project-based units. Such analysis shall include a review of the 

impact of the loss of any subsidized units in that housing marketplace, such as the impact of cost and the loss of available subsidized, 

low-income housing in areas with scarce housing resources for lowincome families. 

SEC. 228. Section 683(2) of the Housing and Community 

Development Act of 1992 (42 U.S.C. 13641(2)) is amended— 

(1) in subparagraph (F), by striking ‘‘and’’; 

(2) in subparagraph (G) by striking the period at the end 

and inserting ‘‘; and’’; and 

(3) by adding a new subparagraph (H) as follows: 

‘‘(H) housing that is assisted under section 811 of the 

Cranston-Gonzalez Affording Housing Act (42 U.S.C. 

8013).’’. 

SEC. 229. The Home Investment Partnerships Act (42 U.S.C. 

12721 et seq.) is amended— 

(1) in section 233(d)(1) by striking ‘‘20’’ and inserting ‘‘40’’; 

(2) in section 233(e) by striking ‘‘40’’ and inserting ‘‘25’’; 

(3) in section 243(b), in the second sentence, by striking 

‘‘20’’ and inserting ‘‘40’’; and 

(4) in section 271(i) by striking ‘‘Act after December 31, 

2007’’ and inserting ‘‘section after December 31, 2011’’. 

SEC. 230. No official or employee of the Department of Housing 

and Urban Development shall be designated as an allotment holder 

unless the Office of the Chief Financial Officer has determined 

that such allotment holder has implemented an adequate system 

of funds control and has received training in funds control procedures and directives. The Chief Financial Officer shall ensure that, 

not later than 90 days after the date of enactment of this Act, 

a trained allotment holder shall be designated for each HUD subaccount under the headings ‘‘Executive Direction’’ and ‘‘Administration, Operations, and Management’’ as well as each account 

receiving appropriations for ‘‘personnel compensation and benefits’’ 

within the Department of Housing and Urban Development. 

SEC. 231. Payment of attorney fees in program-related litigation 

must be paid from individual program office personnel benefits 

and compensation funding. The annual budget submission for program office personnel benefit and compensation funding must 

include program-related litigation costs for attorney fees as a separate line item request. 

SEC. 232. Of the unobligated balances remaining from funds 

appropriated under the heading ‘‘Tenant-Based Rental Assistance’’ 

under the Department of Housing and Urban Development Appropriations Act, 2008, $750,000,000 are rescinded from the 

$4,158,000,000 which are available on October 1, 2008. Such amount 

shall be derived from reductions to public housing agencies’ calendar 

year 2009 allocations based on amounts in public housing agencies’ 

net restricted assets accounts (in accordance with VMS data in 

calendar year 2008 that is verifiable and complete), as determined 

by the Secretary. 

Deadline. 

Designation. 

Allotment holder. 

42 USC 12821. 

42 USC 12783. 

42 USC 12773. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 979 

SEC. 233. The Secretary of the Department of Housing and 

Urban Development shall for Fiscal Year 2009 and thereafter, notify 

the public through the Federal Register and other means, as determined appropriate, of the issuance of a notice of the availability 

of assistance or notice of funding availability (NOFA) for any program or discretionary fund administered by the Secretary that 

is to be competitively awarded. Notwithstanding any other provision 

of law, for Fiscal Year 2009 and thereafter, the Secretary may 

make the NOFA available only on the Internet at the appropriate 

government website or websites or through other electronic media, 

as determined by the Secretary. 

SEC. 234. PREPAYMENT AND REFINANCING. (a) APPROVAL OF

PREPAYMENT OF DEBT.—Upon request of the project sponsor of 

a project assisted with a loan under section 202 of the Housing 

Act of 1959 (as in effect before the enactment of the CranstonGonzalez National Affordable Housing Act), for which the Secretary’s consent to prepayment is required, the Secretary shall 

approve the prepayment of any indebtedness to the Secretary 

relating to any remaining principal and interest under the loan 

as part of a prepayment plan under which— 

(1) the project sponsor agrees to operate the project until 

the maturity date of the original loan under terms at least 

as advantageous to existing and future tenants as the terms 

required by the original loan agreement or any project-based 

rental assistance payments contract under section 8 of the 

United States Housing Act of 1937 (or any other project-based 

rental housing assistance programs of the Department of 

Housing and Urban Development, including the rent supplement program under section 101 of the Housing and Urban 

Development Act of 1965 (12 U.S.C. 1701s)) or any successor 

project-based rental assistance program, except as provided 

by subsection (a)(2)(B); and 

(2) the prepayment may involve refinancing of the loan 

if such refinancing results — 

(A) in a lower interest rate on the principal of the 

loan for the project and in reductions in debt service related 

to such loan; or 

(B) in the case of a project that is assisted with a 

loan under such section 202 carrying an interest rate of 

6 percent or lower, a transaction under which 

(i) the project owner shall address the physical 

needs of the project; 

(ii) the prepayment plan for the transaction, 

including the refinancing, shall meet a cost benefit 

analysis, as established by the Secretary, that the benefit of the transaction outweighs the cost of the transaction including any increases in rent charged to 

unassisted tenants; 

(iii) the overall cost for providing rental assistance 

under section 8 for the project (if any) is not increased, 

except, upon approval by the Secretary to— 

(I) mark-up-to-market contracts pursuant to 

section 524(a)(3) of the Multifamily Assisted 

Housing Reform and Affordability Act (42 U.S.C. 

1437f note), as such section is carried out by the 

Secretary for properties owned by nonprofit 

organizations; or 

Cost analysis. 

Web posting. 

Notification. 

Federal Register, 

publication. 

42 USC 3545a. 


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123 STAT. 980 PUBLIC LAW 111–8—MAR. 11, 2009 

(II) mark-up-to-budget contracts pursuant to 

section 524(a)(4) of the Multifamily Assisted 

Housing Reform and Affordability Act (42 U.S.C. 

1437f note), as such section is carried out by the 

Secretary for properties owned by eligible owners 

( as such term is defined in section 202(k) of the 

Housing Act of 1959 (12 U.S.C. 1701q(k)); 

(iv) the project owner may charge tenants rent 

sufficient to meet debt service payments and operating 

cost requirements, as approved by the Secretary, if 

project-based rental assistance is not available or is 

insufficient for the debt service and operating cost 

of the project after refinancing. Such approval by the 

Secretary— 

(I) shall be the basis for the owner to agree 

to terminate the project-based rental assistance 

contract that is insufficient for the debt service 

and operating cost of the project after refinancing; 

and 

(II) shall be an eligibility event for the project 

for purposes of section 8(t) of the United States 

Housing Act of 1937 (42 U.S.C. 1437f(t)); 

(v) units to be occupied by tenants assisted under 

section 8(t) of the United States Housing Act of 1937 

(42 U.S.C. 1437f(t)) shall, upon termination of the occupancy of such tenants, become eligible for project-based 

assistance under section 8(o)(13) of the United States 

Housing Act of 1937 (42 U.S.C. 1437f(o)(13)) without 

regard to the percentage limitations provided in such 

section; and 

(vi) there shall be a use agreement of 20 years 

from the date of the maturity date of the original 

202 loan for all units, including units to be occupied 

by tenants assisted under section 8(t) of the United 

States Housing Act of 1937 (42 U.S.C. 1437f(t)). 

SEC. 235. USE OF SURPLUS FEDERAL PROPERTY FOR THE HOMELESS. No property identified by the Secretary of Housing and Urban 

Development as surplus Federal property for use to assist the 

homeless shall be made available to any homeless group unless 

the group is a member in good standing under any of HUD’s 

homeless assistance programs or is in good standing with any 

other program which receives funds from any other Federal or 

State agency or entity: Provided, That an exception may be made 

for an entity not involved with Federal homeless programs to use 

surplus Federal property for the homeless only after the Secretary 

or another responsible Federal agency has fully and comprehensively reviewed all relevant finances of the entity, the track record 

of the entity in assisting the homeless, the ability of the entity 

to manage the property, including all costs, the ability of the entity 

to administer homeless programs in a manner that is effective 

to meet the needs of the homeless population that is expected 

to use the property and any other related issues that demonstrate 

a commitment to assist the homeless: Provided further, That the 

Secretary shall not require the entity to have cash in hand in 

order to demonstrate financial ability but may rely on the entity’s 

prior demonstrated fundraising ability or commitments for in-kind 

Contracts. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 981 

donations of goods and services: Provided further, That the Secretary shall make all such information and its decision regarding 

the award of the surplus property available to the committees 

of jurisdiction, including a full justification of the appropriateness 

of the use of the property to assist the homeless as well as the 

appropriateness of the group seeking to obtain the property to 

use such property to assist the homeless: Provided further, That, 

this section shall apply to properties in fiscal year 2008 and 2009 

made available as surplus Federal property for use to assist the 

homeless. 

SEC. 236. The Secretary of Housing and Urban Development 

shall increase, pursuant to this section, the number of Movingto-Work agencies authorized under section 204, title II, of the 

Departments of Veterans Affairs and Housing and Urban Development and Independent Agencies Appropriations Act, 1996 (Public 

Law 104–134; 110 Stat. 1321–281) by adding to the program three 

Public Housing Agencies that meet the following requirements: 

is a High Performing Agency under the Public Housing Assessment 

System (PHAS) and is a HOPE VI agency. No PHA shall be granted 

this designation through this section that administers in excess 

of 5,000 aggregate housing vouchers and public housing units. No 

PHA granted this designation through this section shall receive 

more funding than they otherwise would have received absent this 

designation. 

SEC. 237. Of the unobligated balances remaining from funds 

appropriated to the Department of Housing and Urban Development 

under the fourth paragraph under the heading ‘‘General and Special 

Risk Program Account’’ in the Department of Housing and Urban 

Development Appropriations Act, 2008, $5,000,000 are rescinded: 

Provided, That with respect to such discount sales referenced under 

such paragraph, notwithstanding any other provision of law, in 

determining the market value of any multifamily real property 

or multifamily loan for any noncompetitive sale to a State or local 

government, the Secretary shall in fiscal year 2009 consider, but 

not be limited to, industry standard appraisal practices, including 

the cost of repairs needed to bring the property into such condition 

as to satisfy minimum State and local code standards and the 

cost of maintaining the affordability restrictions imposed by the 

Secretary on the multifamily real property or multifamily loan. 

SEC. 238. The Secretary of the Department of Housing and 

Urban Development is authorized to transfer up to 5 percent of 

funds appropriated for any account under this title under the 

heading ‘‘Personnel Compensation and Benefits’’ to any other 

account under this title under the heading ‘‘Personnel Compensation 

and Benefits’’ only after such transfer has been submitted to, and 

received prior written approval by, the House and Senate Committees on Appropriations: Provided, That, no appropriation for any 

such account shall be increased or decreased by more than 10 

percent by all such transfers. 

SEC. 239. The Disaster Housing Assistance Programs, administered by the Department of Housing and Urban Development, shall 

be considered a ‘‘program of the Department of Housing and Urban 

Development’’ under section 904 of the McKinney Act for the purpose of income verifications and matching. 

This title may be cited as the ‘‘Department of Housing and 

Urban Development Appropriations Act, 2009’’. 

Transfer 

authority. 

Submission. 

Applicability. 


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123 STAT. 982 PUBLIC LAW 111–8—MAR. 11, 2009 

TITLE III 

RELATED AGENCIES 

ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE

BOARD

SALARIES AND EXPENSES

For expenses necessary for the Architectural and Transportation Barriers Compliance Board, as authorized by section 502 

of the Rehabilitation Act of 1973, as amended, $6,550,000: Provided, That, notwithstanding any other provision of law, there may be 

credited to this appropriation funds received for publications and 

training expenses. 

FEDERAL MARITIME COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Federal Maritime Commission 

as authorized by section 201(d) of the Merchant Marine Act, 1936, 

as amended (46 U.S.C. App. 1111), including services as authorized 

by 5 U.S.C. 3109; hire of passenger motor vehicles as authorized 

by 31 U.S.C. 1343(b); and uniforms or allowances therefor, as 

authorized by 5 U.S.C. 5901–5902, $22,800,000: Provided, That 

not to exceed $2,000 shall be available for official reception and 

representation expenses. 

NATIONAL TRANSPORTATION SAFETY BOARD

SALARIES AND EXPENSES

For necessary expenses of the National Transportation Safety 

Board, including hire of passenger motor vehicles and aircraft; 

services as authorized by 5 U.S.C. 3109, but at rates for individuals 

not to exceed the per diem rate equivalent to the rate for a GS– 

15; uniforms, or allowances therefor, as authorized by law (5 U.S.C. 

5901–5902) $91,000,000, of which not to exceed $2,000 may be 

used for official reception and representation expenses. The amounts 

made available to the National Transportation Safety Board in 

this Act include amounts necessary to make lease payments due 

in fiscal year 2009 only, on an obligation incurred in fiscal year 

2001 for a capital lease. Of the funds provided, up to $100,000 

shall be provided through reimbursement to the Department of 

Transportation’s Office of Inspector General to audit the National 

Transportation Safety Board’s financial statements. 

(RESCISSION) 

Of the available unobligated balances made available under this heading in Public Law 106–246, $671,275 are rescinded. 

NEIGHBORHOOD REINVESTMENT CORPORATION

PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION

For payment to the Neighborhood Reinvestment Corporation 

for use in neighborhood reinvestment activities, as authorized by 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 983 

the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101– 

8107), $131,000,000, of which $5,000,000 shall be for a multi-family 

rental housing program: Provided, That of the amounts made available under this heading, $6,000,000 shall be made available to 

conduct a consumer mortgage public education campaign: Provided 

further, That funding amounts provided under the previous proviso 

shall be available for campaign development, production, and outreach activities. 

For an additional amount, $50,000,000 shall be made available 

until expended to the Neighborhood Reinvestment Corporation for 

mortgage foreclosure mitigation activities, under the following terms 

and conditions: 

(1) The Neighborhood Reinvestment Corporation (‘‘NRC’’), 

shall make grants to counseling intermediaries approved by 

the Department of Housing and Urban Development (HUD) 

(with match to be determined by the NRC based on affordability 

and the economic conditions of an area; a match also may 

be waived by the NRC based on the aforementioned conditions) 

to provide mortgage foreclosure mitigation assistance primarily 

to States and areas with high rates of defaults and foreclosures 

primarily in the subprime housing market to help eliminate 

the default and foreclosure of mortgages of owner-occupied 

single-family homes that are at risk of such foreclosure. Other 

than areas with high rates of defaults and foreclosures, grants 

may also be provided to approved counseling intermediaries 

based on a geographic analysis of the Nation by the NRC 

which determines where there is a prevalence of subprime 

mortgages that are risky and likely to fail, including any trends 

for mortgages that are likely to default and face foreclosure. 

A State Housing Finance Agency may also be eligible where 

the State Housing Finance Agency meets all the requirements 

under this paragraph. A HUD-approved counseling intermediary shall meet certain mortgage foreclosure mitigation 

assistance counseling requirements, as determined by the NRC, 

and shall be approved by HUD or the NRC as meeting these 

requirements. 

(2) Mortgage foreclosure mitigation assistance shall only 

be made available to homeowners of owner-occupied homes 

with mortgages in default or in danger of default. These mortgages shall likely be subject to a foreclosure action and homeowners will be provided such assistance that shall consist of 

activities that are likely to prevent foreclosures and result 

in the long-term affordability of the mortgage retained pursuant 

to such activity or another positive outcome for the homeowner. 

No funds made available under this paragraph may be provided 

directly to lenders or homeowners to discharge outstanding 

mortgage balances or for any other direct debt reduction payments. 

(3) The use of Mortgage Foreclosure Mitigation Assistance 

by approved counseling intermediaries and State Housing 

Finance Agencies shall involve a reasonable analysis of the 

borrower’s financial situation, an evaluation of the current 

value of the property that is subject to the mortgage, counseling 

regarding the assumption of the mortgage by another nonFederal party, counseling regarding the possible purchase of 

the mortgage by a non-Federal third party, counseling and 

Requirements. 

Grants. 

Waiver authority. 

Foreclosures. 


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123 STAT. 984 PUBLIC LAW 111–8—MAR. 11, 2009 

advice of all likely restructuring and refinancing strategies 

or the approval of a work-out strategy by all interested parties. 

(4) NRC may provide up to 15 percent of the total funds 

under this paragraph to its own charter members with expertise 

in foreclosure prevention counseling, subject to a certification 

by the NRC that the procedures for selection do not consist 

of any procedures or activities that could be construed as an 

unacceptable conflict of interest or have the appearance of 

impropriety. 

(5) HUD-approved counseling entities and State Housing 

Finance Agencies receiving funds under this paragraph shall 

have demonstrated experience in successfully working with 

financial institutions as well as borrowers facing default, delinquency and foreclosure as well as documented counseling 

capacity, outreach capacity, past successful performance and 

positive outcomes with documented counseling plans (including 

post mortgage foreclosure mitigation counseling), loan workout 

agreements and loan modification agreements. NRC may use 

other criteria to demonstrate capacity in underserved areas. 

(6) Of the total amount made available under this para- graph, up to $5,000,000 may be made available to build the 

mortgage foreclosure and default mitigation counseling capacity 

of counseling intermediaries through NRC training courses with 

HUD-approved counseling intermediaries and their partners, 

except that private financial institutions that participate in 

NRC training shall pay market rates for such training. 

(7) Of the total amount made available under this paragraph, up to 4 percent may be used for associated administrative expenses for the NRC to carry out activities provided 

under this section. 

(8) Mortgage foreclosure mitigation assistance grants may 

include a budget for outreach and advertising, and training, 

as determined by the NRC. 

(9) The NRC shall report bi-annually to the House and 

Senate Committees on Appropriations as well as the Senate 

Banking Committee and House Financial Services Committee 

on its efforts to mitigate mortgage default. Such reports shall 

identify successful strategies and methods for preserving homeownership and the long-term affordability of at-risk mortgages 

and shall include recommended efforts that will or likely can 

assist in the success of this program as well as an analysis 

of any policy and procedures that failed to result in successful 

mortgage foreclosure mitigation. The report shall include an 

analysis of the details and use of any post mitigation counseling 

of assisted borrowers designed to ensure the continued longterm affordability of the mortgages which were the subject 

of the mortgage foreclosure mitigation assistance. 

UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS

OPERATING EXPENSES

For necessary expenses (including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference 

rooms, and the employment of experts and consultants under section 

3109 of title 5, United States Code) of the United States Interagency 

Council on Homelessness in carrying out the functions pursuant 

to title II of the McKinney-Vento Homeless Assistance Act, as 

Reports. 

Deadlines. 

Certification. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 985 

amended, $2,333,000: Provided, That no funds may be used to 

pay the salaries and benefits of any employee of the United States 

Interagency Council on Homelessness that spends more than 10 

days outside of the United States while not on annual leave. 

Title II of the McKinney-Vento Homeless Assistance Act, as 

amended, is amended in section 209 by striking ‘‘2008’’ and inserting 

‘‘2010’’. 

TITLE IV 

GENERAL PROVISIONS—THIS ACT 

SEC. 401. Such sums as may be necessary for fiscal year 2009 

pay raises for programs funded in this Act shall be absorbed within 

the levels appropriated in this Act or previous appropriations Acts. 

SEC. 402. None of the funds in this Act shall be used for 

the planning or execution of any program to pay the expenses 

of, or otherwise compensate, non-Federal parties intervening in 

regulatory or adjudicatory proceedings funded in this Act. 

SEC. 403. None of the funds appropriated in this Act shall 

remain available for obligation beyond the current fiscal year, nor 

may any be transferred to other appropriations, unless expressly 

so provided herein. 

SEC. 404. The expenditure of any appropriation under this 

Act for any consulting service through procurement contract pursuant to section 3109 of title 5, United States Code, shall be limited 

to those contracts where such expenditures are a matter of public 

record and available for public inspection, except where otherwise 

provided under existing law, or under existing Executive order 

issued pursuant to existing law. 

SEC. 405. Except as otherwise provided in this Act, none of 

the funds provided in this Act, provided by previous appropriations 

Acts to the agencies or entities funded in this Act that remain 

available for obligation or expenditure in fiscal year 2009, or provided from any accounts in the Treasury derived by the collection 

of fees and 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; (2) eliminates a program, 

project, or activity; (3) increases funds or personnel 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 the House or Senate Committees on Appropriations for a different purpose; (5) augments existing programs, 

projects, or activities in excess of $5,000,000 or 10 percent, whichever is less; (6) reduces existing programs, projects, or activities 

by $5,000,000 or 10 percent, whichever is less; or (7) creates, reorganizes, or restructures a branch, division, office, bureau, board, 

commission, agency, administration, or department different from 

the budget justifications submitted to the Committees on Appropriations or the table accompanying the explanatory statement accompanying this Act, whichever is more detailed, unless prior approval 

is received from the House and Senate Committees on Appropriations: Provided, That not later than 60 days after the date of 

enactment of this Act, each agency funded by this Act shall submit 

a report to the Committees on Appropriations of the Senate and 

of the House of Representatives to establish the baseline for application of reprogramming and transfer authorities for the current 

Deadline. 

Reports. 

Contracts. 

42 USC 11319. 

Salaries and 

benefits. 


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123 STAT. 986 PUBLIC LAW 111–8—MAR. 11, 2009 

fiscal year: Provided further, 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 object class and program, project, and activity 

as detailed in the budget appendix for the respective appropriation; 

and (3) an identification of items of special congressional interest: 

Provided further, That the amount appropriated or limited for salaries and expenses for an agency shall be reduced by $100,000 

per day for each day after the required date that the report has 

not been submitted to the Congress. 

SEC. 406. 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 made available 

for salaries and expenses for fiscal year 2009 in this Act, shall 

remain available through September 30, 2010, for each such account 

for the purposes authorized: Provided, That a request shall be 

submitted to the House and Senate Committees on Appropriations 

for approval prior to the expenditure of such funds: Provided further, 

That these requests shall be made in compliance with reprogramming guidelines under section 405 of this Act. 

SEC. 407. All Federal agencies and departments that are funded 

under this Act shall issue a report to the House and Senate Committees on Appropriations on all sole source contracts by no later 

than July 31, 2009. Such report shall include the contractor, the 

amount of the contract and the rationale for using a sole source 

contract. 

SEC. 408. (a) None of the funds made available in this Act 

may be obligated or expended for any employee training that— 

(1) does not meet identified needs for knowledge, skills, 

and abilities bearing directly upon the performance of official 

duties; 

(2) contains elements likely to induce high levels of emotional response or psychological stress in some participants; 

(3) does not require prior employee notification of the content and methods to be used in the training and written end 

of course evaluation; 

(4) contains any methods or content associated with religious or quasi-religious belief systems or ‘‘new age’’ belief systems as defined in Equal Employment Opportunity Commission 

Notice N–915.022, dated September 2, 1988; or 

(5) is offensive to, or designed to change, participants’ 

personal values or lifestyle outside the workplace. 

(b) Nothing in this section shall prohibit, restrict, or otherwise 

preclude an agency from conducting training bearing directly upon 

the performance of official duties. 

SEC. 409. No funds in this Act may be used to support any 

Federal, State, or local projects that seek to use the power of 

eminent domain, unless eminent domain is employed only for a 

public use: Provided, That for purposes of this section, public use 

shall not be construed to include economic development that primarily benefits private entities: Provided further, That any use 

of funds for mass transit, railroad, airport, seaport or highway 

projects as well as utility projects which benefit or serve the general 

public (including energy-related, communication-related, waterrelated and wastewater-related infrastructure), other structures 

Eminent domain. 

Reports. 

Deadline. 

Expenditure 

request. 

Fines. 


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PUBLIC LAW 111–8—MAR. 11, 2009 123 STAT. 987 

designated for use by the general public or which have other 

common-carrier or public-utility functions that serve the general 

public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to 

public health and safety or brownsfield as defined in the Small 

Business Liability Relief and Brownsfield Revitalization Act (Public 

Law 107–118) shall be considered a public use for purposes of 

eminent domain. 

SEC. 410. 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 Act or any other appropriations Act. 

SEC. 411. No part of any appropriation contained in this Act 

shall be available to pay the salary for any person filling a position, 

other than a temporary position, formerly held by an employee 

who has left to enter the Armed Forces of the United States and 

has satisfactorily completed his period of active military or naval 

service, and has within 90 days after his release from such service 

or from hospitalization continuing after discharge for a period of 

not more than 1 year, made application for restoration to his former 

position and has been certified by the Office of Personnel Management as still qualified to perform the duties of his former position 

and has not been restored thereto. 

SEC. 412. No funds appropriated pursuant to this Act may 

be expended by an entity unless the entity agrees that in expending 

the assistance the entity will comply with sections 2 through 4 

of the Act of March 3, 1933 (41 U.S.C. 10a–10c, popularly known 

as the ‘‘Buy American Act’’). 

SEC. 413. No funds appropriated or otherwise made available 

under this Act shall be made available to any person or entity 

that has been convicted of violating the Buy American Act (41 

U.S.C. 10a–10c). 

This division may be cited as the ‘‘Transportation, Housing 

and Urban Development, and Related Agencies Appropriations Act, 

2009’’. 

DIVISION J—FURTHER PROVISIONS RELATING TO THE DEPARTMENT OF HOMELAND SECURITY AND OTHER MATTERS 

DEPARTMENT OF HOMELAND SECURITY 

UNITED STATES SECRET SERVICE

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS) 

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

$100,000,000, to remain available until expended, to address additional requirements related to the protection mission: Provided, 

That of this amount, not to exceed $12,730,000 may be transferred 

to ‘‘Acquisition, Construction, Improvements, and Related Expenses’’ 

to address the deferred maintenance backlog: Provided further, 

That the amount under this heading 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 


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123 STAT. 988 PUBLIC LAW 111–8—MAR. 11, 2009 

LEGISLATIVE HISTORY—H.R. 1105: 

CONGRESSIONAL RECORD, Vol. 155 (2009): 

Feb. 25, considered and passed House. 

Mar. 2–6, 9, 10, considered and passed Senate. 

DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2009): 

Mar. 11, Presidential statement. 

Æ 

301(b)(2) of S. Con. Res. 70 (110th Congress), the concurrent resolutions on the budget for fiscal years 2008 and 2009. 

GENERAL PROVISIONS—THIS DIVISION 

SEC. 101. Sections 143, 144, and 145 of division A of the 

Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 (Public Law 110–329; 122 Stat. 3580 et seq.) 

are each amended by striking ‘‘the date specified in section 106(3) 

of this joint resolution’’ and inserting ‘‘September 30, 2009’’. 

SEC. 102. (a) EXTENSION OF COMMISSION ON THE PREVENTION

OF WEAPONS OF MASS DESTRUCTION PROLIFERATION AND TERRORISM.—Effective as of February 1, 2009, section 1858 of the 

Implementing Recommendations of the 9/11 Commission Act of 

2007 (Public Law 110–53; 121 Stat. 504) is amended— 

(1) in subsection (a), by striking ‘‘60 days after’’ and all 

that follows through the end of the subsection and inserting 

‘‘on March 1, 2010.’’; and 

(2) in subsection (b), by striking ‘‘the 60-day period referred 

to in subsection (a)’’ and inserting ‘‘the period beginning on 

February 2, 2009, and ending on February 28, 2010,’’. 

(b) FUNDING.—Of the funds provided under the heading ‘‘Operation and Maintenance, Defense–Wide’’ in the Department of 

Defense Appropriations Act, 2009 (division C of Public Law 110– 

329; 122 Stat. 3606), $1,100,000 shall be made available only for 

purposes of the Commission on the Prevention of Weapons of Mass 

Destruction Proliferation and Terrorism. 

SEC. 103. Notwithstanding any provision of section 601(a)(2) 

of the Legislative Reorganization Act of 1946 (2 U.S.C. 31(2)), 

the percentage adjustment scheduled to take effect under any such 

provision in calendar year 2010 shall not take effect. 

Approved March 11, 2009. 

Pay freeze. 

2 USC 31 note. 

Time period. 

Effective date. 

8 USC 1324a 

note, 1153 note; 

42 USC 4026 

note. 


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