1114 
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 appropria-
tions, unless expressly so provided herein. 
SEC. 404. The expenditure of any appropriation 
under this Act for any consulting service through procure-
ment 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 pre-
vious appropriations Acts to the agencies or entities fund-
ed in this Act that remain available for obligation or ex-
penditure in fiscal year 2009, or provided from any ac-
counts in the Treasury derived by the collection of fees
1115 
and available to the agencies funded by this Act, shall be 
available for obligation or expenditure through a re-
programming 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 Con-
gress; (4) proposes to use funds directed for a specific ac-
tivity by either the House or Senate Committees on Ap-
propriations 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 pro-
grams, projects, or activities by $5,000,000 or 10 percent, 
whichever is less; or (7) creates, reorganizes, or restruc-
tures a branch, division, office, bureau, board, commis-
sion, 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 de-
tailed, 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
1116 
for the current fiscal year: Provided further, That the re-
port shall include: (1) a table for each appropriation with 
a separate column to display the President’s budget re-
quest, adjustments made by Congress, adjustments due to 
enacted rescissions, if appropriate, and the fiscal year en-
acted level; (2) a delineation in the table for each appro-
priation both by object class and program, project, and 
activity as detailed in the budget appendix for the respec-
tive 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 Ap-
propriations for approval prior to the expenditure of such 
funds: Provided further, That these requests shall be made
1117 
in compliance with reprogramming guidelines under sec-
tion 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 re-
port shall include the contractor, the amount of the con-
tract 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 knowl-
edge, skills, and abilities bearing directly upon the 
performance of official duties; 
(2) contains elements likely to induce high lev-
els 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 train-
ing 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 Em-
ployment 
Opportunity 
Commission 
Notice 
N– 
915.022, dated September 2, 1988; or
1118 
(5) is offensive to, or designed to change, par-
ticipants’ 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 sup-
port 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 pur-
poses of this section, public use shall not be construed to 
include economic development that primarily benefits pri-
vate 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 gen-
eral public (including energy-related, communication-re-
lated, water-related and wastewater-related infrastruc-
ture), other structures designated for use by the general 
public or which have other common-carrier or public-util-
ity 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
1119 
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 in-
strumentality of the United States Government, except 
pursuant to a transfer made by, or transfer authority pro-
vided 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, for-
merly held by an employee who has left to enter the Armed 
Forces of the United States and has satisfactorily com-
pleted 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 pe-
riod of not more than 1 year, made application for restora-
tion to his former position and has been certified by the 
Office of Personnel Management as still qualified to per-
form 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
1120 
(41 U.S.C. 10a–10c, popularly known as the ‘‘Buy Amer-
ican 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 SE-
CURITY 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 Ex-
penses’’, $100,000,000, to remain available until ex-
pended, 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 fur-
ther, That the amount under this heading is designated 
as an emergency requirement and necessary to meet emer-
gency needs pursuant to section 204(a) of S. Con. Res.
1121 
21 (110th Congress) and section 301(b)(2) of S. Con. Res. 
70 (110th Congress), the concurrent resolutions on the 
budget for fiscal years 2008 and 2009. 
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 resolu-
tion’’ and inserting ‘‘September 30, 2009’’. 
SEC. 102. (a) EXTENSION OF COMMISSION ON THE 
PREVENTION OF WEAPONS OF MASS DESTRUCTION PRO-
LIFERATION AND TERRORISM.—Effective as of February 
1, 2009, section 1858 of the Implementing Recommenda-
tions 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
1122 
the Department of Defense Appropriations Act, 2009 (di-
vision 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. 
Passed the House of Representatives February 25, 
2009. 
Attest: 
Clerk.
111TH CONGRESS 
1ST SESSION 
H. R. 1105 
AN ACT 
Making omnibus appropriations for the fiscal year 
ending September 30, 2009, and for other pur-
poses.