H. R. 2638 
One Hundred Tenth Congress 
of the 
United States of America 
AT THE SECOND SESSION 
Begun and held at the City of Washington on Thursday, 
the third day of January, two thousand and eight 
An Act 
Making appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2008, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Consolidated Security, Disaster 
Assistance, and Continuing Appropriations Act, 2009’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
DIVISION A—CONTINUING APPROPRIATIONS RESOLUTION, 2009 
DIVISION B—DISASTER RELIEF AND RECOVERY SUPPLEMENTAL APPRO-
PRIATIONS ACT, 2008 
DIVISION C—DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2009 
DIVISION D—DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS 
ACT, 2009 
DIVISION E—MILITARY CONSTRUCTION AND VETERANS AFFAIRS APPRO-
PRIATIONS ACT, 2009 
SEC. 3. REFERENCES. 
Except as expressly provided otherwise, any reference to ‘‘this 
Act’’ or ‘‘this joint resolution’’ contained in any division of this 
Act shall be treated as referring only to the provisions of that 
division. 
SEC. 4. EXPLANATORY STATEMENT. 
The explanatory statement regarding this legislation, printed 
in the House of Representatives section of the Congressional Record 
on or about September 24, 2008 by the Chairman of the Committee 
on Appropriations of the House, shall have the same effect with 
respect to the allocation of funds and implementation of this Act 
as if it were a joint explanatory statement of a committee of con-
ference. 
DIVISION A—CONTINUING APPROPRIATIONS RESOLUTION, 
2009 
The following sums are hereby appropriated, out of any money 
in the Treasury not otherwise appropriated, and out of applicable 
corporate or other revenues, receipts, and funds, for the several 
departments, agencies, corporations, and other organizational units 
of Government for fiscal year 2009, and for other purposes, namely: 
SEC. 101. Such amounts as may be necessary, at a rate for 
operations as provided in the applicable appropriations Acts for
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fiscal year 2008 and under the authority and conditions provided 
in such Acts, for continuing projects or activities (including the 
costs of direct loans and loan guarantees) that are not otherwise 
specifically provided for in this joint resolution, that were conducted 
in fiscal year 2008, and for which appropriations, funds, or other 
authority were made available in the following appropriations Acts: 
divisions A, B, C, D, F, G, H, J, and K of the Consolidated Appro-
priations Act, 2008 (Public Law 110–161). 
SEC. 102. Rates for operations shall be calculated under section 
101 without regard to any amount designated in the applicable 
appropriations Acts for fiscal year 2008 as an emergency require-
ment or necessary to meet emergency needs pursuant to any concur-
rent resolution on the budget, other than the following amounts: 
(1) $150,000,000 provided in Public Law 110–252 for 
‘‘Department of Health and Human Services—Food and Drug 
Administration—Salaries and Expenses’’. 
(2) $143,539,000 provided in division B of Public Law 110– 
161 for ‘‘Department of Justice—Federal Bureau of Investiga-
tion—Salaries and Expenses’’. 
(3) $110,000,000 provided in Public Law 110–252 for 
‘‘Department of Labor—Employment and Training Administra-
tion—State Unemployment Insurance and Employment Service 
Operations’’, without regard to the dates specified under such 
heading. 
(4) $272,000,000 of the $575,000,000 provided in division 
J of Public Law 110–161 for ‘‘Department of State—Administra-
tion of Foreign Affairs—Diplomatic and Consular Programs’’ 
in the first paragraph under such heading, and $206,632,000 
provided in the last paragraph under such heading. 
(5) $76,700,000 provided in subchapter A of chapter 4 of 
title I of Public Law 110–252 for ‘‘Department of State— 
Administration 
of 
Foreign 
Affairs—Embassy 
Security, 
Construction, and Maintenance’’. 
SEC. 103. Appropriations made by section 101 shall be available 
to the extent and in the manner that would be provided by the 
pertinent appropriations Act. 
SEC. 104. No appropriation or funds made available or authority 
granted pursuant to section 101 shall be used to initiate or resume 
any project or activity for which appropriations, funds, or other 
authority were not available during fiscal year 2008. 
SEC. 105. Appropriations made and authority granted pursuant 
to this joint resolution shall cover all obligations or expenditures 
incurred for any project or activity during the period for which 
funds or authority for such project or activity are available under 
this joint resolution. 
SEC. 106. Unless otherwise provided for in this joint resolution 
or in the applicable appropriations Act for fiscal year 2009, appro-
priations and funds made available and authority granted pursuant 
to this joint resolution shall be available until whichever of the 
following first occurs: (1) the enactment into law of an appropriation 
for any project or activity provided for in this joint resolution; 
(2) the enactment into law of the applicable appropriations Act 
for fiscal year 2009 without any provision for such project or activity; 
or (3) March 6, 2009.
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SEC. 107. Expenditures made pursuant to this joint resolution 
shall be charged to the applicable appropriation, fund, or authoriza-
tion whenever a bill in which such applicable appropriation, fund, 
or authorization is contained is enacted into law. 
SEC. 108. Appropriations made and funds made available by 
or authority granted pursuant to this joint resolution may be used 
without regard to the time limitations for submission and approval 
of apportionments set forth in section 1513 of title 31, United 
States Code, but nothing in this joint resolution may be construed 
to waive any other provision of law governing the apportionment 
of funds. 
SEC. 109. Notwithstanding any other provision of this joint 
resolution, except section 106, for those programs that would other-
wise have high initial rates of operation or complete distribution 
of appropriations at the beginning of fiscal year 2009 because of 
distributions of funding to States, foreign countries, grantees, or 
others, such high initial rates of operation or complete distribution 
shall not be made, and no grants shall be awarded for such pro-
grams funded by this joint resolution that would impinge on final 
funding prerogatives. 
SEC. 110. This joint resolution shall be implemented so that 
only the most limited funding action of that permitted in the joint 
resolution shall be taken in order to provide for continuation of 
projects and activities. 
SEC. 111. (a) For entitlements and other mandatory payments 
whose budget authority was provided in appropriations Acts for 
fiscal year 2008, and for activities under the Food and Nutrition 
Act of 2008, activities shall be continued at the rate to maintain 
program levels under current law, under the authority and condi-
tions provided in the applicable appropriations Act for fiscal year 
2008, to be continued through the date specified in section 106(3). 
(b) Notwithstanding section 106, obligations for mandatory pay-
ments due on or about the first day of any month that begins 
after October 2008 but not later than 30 days after the date specified 
in section 106(3) may continue to be made, and funds shall be 
available for such payments. 
SEC. 112. Amounts made available under section 101 for civilian 
personnel compensation and benefits in each department and 
agency may be apportioned up to the rate for operations necessary 
to avoid furloughs within such department or agency, consistent 
with the applicable appropriations Act for fiscal year 2008, except 
that such authority provided under this section shall not be used 
until after the department or agency has taken all necessary actions 
to reduce or defer non-personnel-related administrative expenses. 
SEC. 113. Funds appropriated by this joint resolution may 
be obligated and expended notwithstanding section 10 of Public 
Law 91–672 (22 U.S.C. 2412), section 15 of the State Department 
Basic Authorities Act of 1956 (22 U.S.C. 2680), section 313 of 
the Foreign Relations Authorization Act, Fiscal Years 1994 and 
1995 (22 U.S.C. 6212), and section 504(a)(1) of the National Security 
Act of 1947 (50 U.S.C. 414(a)(1)). 
SEC. 114. Notwithstanding section 101, amounts are provided 
for ‘‘Department of Agriculture—Food and Nutrition Service—Spe-
cial Supplemental Nutrition Program for Women, Infants, and Chil-
dren (WIC)’’ at a rate for operations of $6,658,000,000.
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SEC. 115. Notwithstanding section 101, amounts are provided 
for ‘‘Department of Agriculture—Rural Housing Service—Rental 
Assistance Program’’ at a rate for operations of $997,000,000. 
SEC. 116. Section 14222(b)(1) of the Food, Conservation, and 
Energy Act of 2008 (Public Law 110–246) shall not apply through 
the date specified in section 106(3) of this joint resolution. 
SEC. 117. Notwithstanding section 101, amounts are provided 
for ‘‘Department of Agriculture—Rural Housing Service—Rural 
Housing Insurance Fund Program Account’’, for the cost of unsub-
sidized guaranteed loans for section 502 borrowers, at the rate 
necessary to maintain the same principal amount of loan guarantee 
commitments as made in fiscal year 2008. 
SEC. 118. With respect to amounts provided by section 101 
for the Department of Agriculture, sections 101 and 104 may not 
be construed to prohibit the use of such amounts for necessary 
administrative expenses for programs for which direct spending 
authority (as defined in section 250(c)(8)(A) of the Balanced Budget 
and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)(8)(A))) 
is provided by the Food, Conservation, and Energy Act of 2008 
(Public Law 110–246). 
SEC. 119. Notwithstanding section 101, amounts are provided 
for ‘‘Department of Agriculture–Food and Nutrition Service—Com-
modity Assistance Program’’ at a rate for operations of $233,791,000, 
of which $163,218,000 shall be for carrying out the Commodity 
Supplemental Food Program. 
SEC. 120. Notwithstanding section 101, amounts are provided 
for ‘‘Department of Commerce—Bureau of the Census—Periodic 
Censuses and Programs’’ at a rate for operations of $2,906,262,000. 
From such amounts, funds may be used for additional promotion, 
outreach, and marketing activities. 
SEC. 121. Notwithstanding the limitations on administrative 
expenses in subsections (c)(2) and (c)(3)(A) of section 3005 of the 
Digital Television Transition and Public Safety Act of 2005 (Public 
Law 109–171; 120 Stat. 21), the Assistant Secretary (as such term 
is defined in section 3001(b) of such Act) may expend funds made 
available under sections 3006, 3008, and 3009 of such Act for 
additional administrative expenses of the digital-to-analog converter 
box program established by such section 3005 at a rate not to 
exceed $180,000,000 through the date specified in section 106(3) 
of this joint resolution. 
SEC. 122. Notwithstanding section 101, amounts are provided 
for ‘‘Department of Justice—Federal Prison System—Salaries and 
Expenses’’ at a rate for operations of $5,396,615,000. 
SEC. 123. Notwithstanding section 101, amounts are provided 
for ‘‘Department of Justice—General Administration—Detention 
Trustee’’ at a rate for operations of $1,245,920,000. 
SEC. 124. Amounts provided by section 101 for the National 
Aeronautics and Space Administration may be obligated in the 
account and budget structure set forth in S. 3182 (110th Congress), 
the Commerce, Justice, Science, and Related Agencies Appropria-
tions Act, 2009, as reported by the Committee on Appropriations 
of the Senate. 
SEC. 125. Section 7(1)(B) of Public Law 106–178 (50 U.S.C. 
1701 note) is amended by striking ‘‘January 1, 2012’’ and inserting 
‘‘July 1, 2016’’. 
SEC. 126. In addition to amounts otherwise provided by section 
101, an additional amount is provided for ‘‘Department of Justice—
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Legal Activities—Salaries and Expenses, General Legal Activities’’ 
to reimburse the Office of Personnel Management for salaries and 
expenses associated with the Federal observer program under sec-
tion 8 of the Voting Rights Act of 1965 (42 U.S.C. 1973f), at 
a rate for operations of $3,390,000, of which $1,090,000 shall be 
derived by transfer from amounts provided by section 101 for ‘‘Office 
of Personnel Management—Salaries and Expenses’’. 
SEC. 127. Section 14704 of title 40, United States Code, shall 
be applied by substituting the date specified in section 106(3) of 
this joint resolution for ‘‘October 1, 2007’’. 
SEC. 128. Amounts provided by section 101 for ‘‘Department 
of the Army—Corps of Engineers-Civil—Construction’’ for inland 
waterway major rehabilitation projects shall not be derived from 
the Inland Waterways Trust Fund. 
SEC. 129. (a) Notwithstanding any other provision of this joint 
resolution, there is appropriated $7,510,000,000 for fiscal year 2009 
for ‘‘Department of Energy—Energy Programs—Advanced Tech-
nology Vehicles Manufacturing Loan Program Account’’ for the cost 
of direct loans as authorized by section 136(d) of the Energy 
Independence and Security Act of 2007 (Public Law 110–140; 42 
U.S.C. 17013(d)), to remain available until expended. Of such 
amount, $10,000,000 shall be used for administrative expenses in 
carrying out the direct loan program. Commitments for direct loans 
using such amount shall not exceed $25,000,000,000 in total loan 
principal. The cost of such direct loans, including the cost of modi-
fying such loans, shall be as defined in section 502 of the Congres-
sional Budget Act of 1974. 
(b) The amount provided by this section is designated as an 
emergency requirement and necessary to meet emergency needs 
pursuant to section 204(a) of S. Con. Res. 21 (110th Congress) 
and section 301(b)(2) of S. Con. Res. 70 (110th Congress), the 
concurrent resolutions on the budget for fiscal years 2008 and 
2009. 
(c) Section 136 of the Energy Independence and Security Act 
of 2007 (Public Law 110–140; 42 U.S.C. 17013) is amended as 
follows: 
(1) In subsection (d)(1), by adding at the end the following: 
‘‘The loans shall be made through the Federal Financing Bank, 
with the full faith and credit of the United States Government 
on the principal and interest. The full credit subsidy shall 
be paid by the Secretary using appropriated funds.’’. 
(2) In subsection (e), by striking ‘‘The Secretary shall issue 
regulations that require that,’’ and inserting the following: ‘‘Not 
later than 60 days after the enactment of the Continuing Appro-
priations Resolution, 2009, the Secretary shall promulgate an 
interim final rule establishing regulations that the Secretary 
deems necessary to administer this section and any loans made 
by the Secretary pursuant to this section. Such interim final 
rule shall require that,’’. 
(3) By adding at the end the following new subsection: 
‘‘(j) APPOINTMENT AND PAY OF PERSONNEL.—(1) The Secretary 
may use direct hiring authority pursuant to section 3304(a)(3) of 
title 5, United States Code, to appoint such professional and 
administrative personnel as the Secretary deems necessary to the 
discharge of the Secretary’s functions under this section.
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‘‘(2) The rate of pay for a person appointed pursuant to para-
graph (1) shall not exceed the maximum rate payable for GS- 
15 of the General Schedule under chapter 53 such title 5. 
‘‘(3) The Secretary may retain such consultants as the Secretary 
deems necessary to the discharge of the functions required by 
this section, pursuant to section 31 of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 427).’’. 
SEC. 130. (a) In addition to the amounts otherwise provided 
by section 101 for ‘‘Department of Energy—Energy Programs— 
Energy Efficiency and Renewable Energy’’ for weatherization assist-
ance under part A of title IV of the Energy Conservation and 
Production Act (42 U.S.C. 6861 et seq.), there is appropriated 
$250,000,000 for an additional amount for fiscal year 2009, to 
remain available until expended. 
(b) The amount provided by this section is designated as an 
emergency requirement and necessary to meet emergency needs 
pursuant to section 204(a) of S. Con. Res. 21 (110th Congress) 
and section 301(b)(2) of S. Con. Res. 70 (110th Congress), the 
concurrent resolutions on the budget for fiscal years 2008 and 
2009. 
SEC. 131. In addition to the amounts otherwise provided by 
section 101, an additional amount is provided for ‘‘Department 
of the Treasury—Internal Revenue Service—Taxpayer Services’’ to 
meet the requirements of the Economic Stimulus Act of 2008 (Public 
Law 110–185), at a rate for operations of $67,900,000. 
SEC. 132. In addition to the amounts otherwise provided by 
section 101, an additional amount is provided for ‘‘Executive Office 
of the President—Office of Administration—Salaries and Expenses’’ 
for e-mail restoration activities, at a rate for operations of 
$5,700,000. 
SEC. 133. Notwithstanding section 101, amounts are provided 
for ‘‘Executive Office of the President—Office of Administration— 
Presidential Transition Administrative Support’’ to carry out the 
Presidential Transition Act of 1963 (3 U.S.C. 102 note) at a rate 
for operations of $8,000,000. Such funds may be transferred to 
other accounts that provide funding for offices within the Executive 
Office of the President and the Office of the Vice President in 
this joint resolution or any other Act, to carry out such purposes. 
SEC. 134. Notwithstanding any other provision of this joint 
resolution, except section 106, the District of Columbia may expend 
local funds for programs and activities under the heading ‘‘District 
of Columbia Funds’’ for such programs and activities under title 
IV of S. 3260 (110th Congress), as reported by the Committee 
on Appropriations of the Senate, at the rate set forth under ‘‘District 
of Columbia Funds’’ as included in the Fiscal Year 2009 Proposed 
Budget and Financial Plan submitted to the Congress by the District 
of Columbia on June 9, 2008. 
SEC. 135. Notwithstanding section 101, amounts are provided 
for ‘‘Federal Payment for Emergency Planning and Security Costs 
in the District of Columbia’’ for a direct Federal payment to the 
District of Columbia, at a rate for operations of $15,000,000. 
SEC. 136. In addition to the amounts otherwise provided by 
section 101, an additional amount is provided for ‘‘Federal Commu-
nications Commission—Salaries and Expenses’’ for consumer edu-
cation associated with the transition to digital television occurring 
on February 17, 2009, at a rate for operations of $20,000,000.
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SEC. 137. Notwithstanding section 101, amounts are provided 
for ‘‘General Services Administration—Expenses, Presidential 
Transition’’ to carry out the Presidential Transition Act of 1963 
(3 U.S.C. 102 note) at a rate for operations of $8,520,000, of which 
not to exceed $1,000,000 is for activities authorized by paragraphs 
(8) and (9) of section 3(a) of such Act. 
SEC. 138. Notwithstanding section 101, amounts are provided 
for ‘‘General Services Administration—Allowances and Office Staff 
for Former Presidents’’ to carry out the provisions of the Act of 
August 25, 1958 (3 U.S.C. 102 note) at a rate for operations of 
$2,682,000. 
SEC. 139. Notwithstanding section 101, the limitation on gross 
obligations applicable under the heading ‘‘National Credit Union 
Administration—Central Liquidity Facility’’ in division D of Public 
Law 110–161 shall be the amount authorized by section 307(a)(4)(A) 
of the Federal Credit Union Act (12 U.S.C. 1795f(a)(4)(A)). 
SEC. 140. Notwithstanding section 101, amounts are provided 
to carry out section 504(d) of title 39, United States Code, as 
amended by section 603(a) of the Postal Accountability and 
Enhancement Act (Public Law 109–435), at a rate for operations 
of $14,043,000, to be derived by transfer from the Postal Service 
Fund. 
SEC. 141. Notwithstanding section 101, amounts are provided 
to carry out section 8G(f)(6) of the Inspector General Act of 1978 
(5 U.S.C. App.), as added by section 603(b)(3) of the Postal Account-
ability and Enhancement Act (Public Law 109–435), at a rate for 
operations of $233,440,000, to be derived by transfer from the 
Postal Service Fund. 
SEC. 142. (a) The adjustment in rates of basic pay for employees 
under the statutory pay systems that takes effect in fiscal year 
2009 under sections 5303 and 5304 of title 5, United States Code, 
shall be an increase of 3.9 percent, and this adjustment shall 
apply to civilian employees in the Department of Homeland Secu-
rity. Such adjustment shall be effective as of the first day of the 
first applicable pay period beginning on or after January 1, 2009. 
(b) The adjustment in rates of basic pay for the statutory 
pay systems that take place in fiscal year 2009 under sections 
5344 and 5348 of title 5, United States Code, shall be no less 
than the percentage in subsection (a) as employees in the same 
location whose rates of basic pay are adjusted pursuant to the 
statutory pay systems under section 5303 and 5304 of such title 
5. Prevailing rate employees at locations where there are no 
employees whose pay is increased pursuant to sections 5303 and 
5304 of such title 5 and prevailing rate employees described in 
section 5343(a)(5) of such title 5 shall be considered to be located 
in the pay locality designated as ‘‘Rest of US’’ pursuant to section 
5304 of such title 5 for purposes of this subsection. 
(c) Funds used to carry out this section shall be paid from 
appropriations which are made to each applicable department or 
agency for salaries and expenses for fiscal year 2009. 
(d) The provisions of this section shall apply notwithstanding 
any other provision of this joint resolution. 
SEC. 143. Section 401(b) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) 
shall be applied by substituting the date specified in section 106(3) 
of this joint resolution for ‘‘the 11-year period beginning on the 
first day the pilot program is in effect’’.
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SEC. 144. The requirement set forth in section 610(b) of the 
Departments of Commerce, Justice, and State, the Judiciary, and 
Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) 
shall continue through the date specified in section 106(3) of this 
joint resolution. 
SEC. 145. Sections 1309(a) and 1319 of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026) shall each 
be applied by substituting the date specified in section 106(3) of 
this joint resolution for ‘‘September 30, 2008’’. 
SEC. 146. Section 717(a) of the Defense Production Act of 1950 
(50 U.S.C. App. 2166(a)) shall be applied by substituting the date 
specified in section 106(3) of this joint resolution for ‘‘September 
30, 2008’’. 
SEC. 147. The authority provided by section 330 of Public 
Law 106–291 (43 U.S.C. 1701 note), as amended by section 428 
of Public Law 109–54, shall continue in effect through the date 
specified in section 106(3) of this joint resolution. 
SEC. 148. Section 337(a) of division E of Public Law 108– 
447, as amended by section 420 of division F of Public Law 110– 
161, shall be applied by substituting the date specified in section 
106(3) of this joint resolution for ‘‘September 30, 2008’’. 
SEC. 149. Section 503(f) of Public Law 109–54 (16 U.S.C. 580d 
note) shall be applied by substituting the date specified in section 
106(3) of this joint resolution for ‘‘September 30, 2008’’. 
SEC. 150. The authority provided by section 325 of Public 
Law 108–108 (117 Stat. 1307) shall continue in effect through 
the date specified in section 106(3) of this joint resolution. 
SEC. 151. In addition to the amounts otherwise provided by 
section 101, an additional amount is provided for ‘‘Department 
of the Interior—National Park Service—Operation of the National 
Park System’’ for security and visitor safety activities related to 
the Presidential Inaugural Ceremonies, at a rate for operations 
of $2,000,000. 
SEC. 152. (a) Sections 104, 105, and 433 of division F of Public 
Law 110–161 shall not apply to amounts provided by this joint 
resolution. 
(b) Nothing in this section amends or shall be construed as 
amending the Outer Continental Shelf Lands Act (43 U.S.C. 1331 
et seq.), including the public comment periods mandated by section 
18 of that Act (43 U.S.C. 1344), the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.), or any other law or regulation. 
SEC. 153. Amounts provided by section 101 for implementation 
of the Modified Water Deliveries to Everglades National Park shall 
be made available to the Army Corps of Engineers, which shall 
immediately carry out Alternative 3.2.2.a to U.S. Highway 41 (the 
Tamiami Trail) as substantially described in the Limited Reevalua-
tion Report with Integrated Environmental Assessment and 
addendum, approved August 2008, which, for purposes of this sec-
tion, is determined to meet the requirements of section 404 of 
the Federal Water Pollution Control Act (33 U.S.C. 1344), including 
subsection (r), in order to achieve the goals set forth in section 
104 of the Everglades National Park Protection and Expansion 
Act of 1989 (16 U.S.C. 410r-8). 
SEC. 154. Activities authorized by chapters 2, 3, and 5 of 
title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.), including 
section 246 of such Act, shall continue through the date specified 
in section 106(3) of this joint resolution.