Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009
PL 110-329 (H.R.2638), enacted 09/30/2008

122 STAT. 3574 
PUBLIC LAW 110–329—SEPT. 30, 2008 
Public Law 110–329 
110th Congress 
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 
Continuing 
Appropriations 
Resolution, 2009. 
1 USC 1 note. 
Consolidated 
Security, 
Disaster 
Assistance, and 
Continuing 
Appropriations 
Act, 2009. 
Sept. 30, 2008 
[H.R. 2638] 
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122 STAT. 3575 
PUBLIC LAW 110–329—SEPT. 30, 2008 
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. 
Expiration date. 
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122 STAT. 3576 
PUBLIC LAW 110–329—SEPT. 30, 2008 
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. 
Deadline. 
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122 STAT. 3577 
PUBLIC LAW 110–329—SEPT. 30, 2008 
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— 
Digital converter. 
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122 STAT. 3578 
PUBLIC LAW 110–329—SEPT. 30, 2008 
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. 
Deadline. 
Regulations. 
Loans. 
Applicability. 
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122 STAT. 3579 
PUBLIC LAW 110–329—SEPT. 30, 2008 
‘‘(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. 
Digital television. 
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122 STAT. 3580 
PUBLIC LAW 110–329—SEPT. 30, 2008 
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’’. 
Applicability. 
Applicability. 
Effective date. 
Pay raise. 
Applicability. 
5 USC 5303 note. 
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122 STAT. 3581 
PUBLIC LAW 110–329—SEPT. 30, 2008 
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. 
Applicability. 
Applicability. 
Extension date. 
Applicability. 
Applicability. 
Extension date. 
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122 STAT. 3582 
PUBLIC LAW 110–329—SEPT. 30, 2008 
SEC. 155. (a) In lieu of the amount otherwise provided by 
section 101 for ‘‘Department of Health and Human Services— 
Administration for Children and Families—Low-Income Home 
Energy Assistance’’, there is appropriated for such account for 
making payments under the Low-Income Home Energy Assistance 
Act of 1981, $5,100,000,000, which shall remain available through 
September 30, 2009. Of such amount, $4,509,672,000 is for pay-
ments under subsections (b) and (d) of section 2602 of such Act 
and $590,328,000 is for payments under subsection (e) of such 
section. All but $839,792,000 of the amount provided by this section 
for such subsections (b) and (d) shall be allocated as though the 
total appropriation for such payments for fiscal year 2009 was 
less than $1,975,000,000. 
(b) Notwithstanding section 2605(b)(2)(B)(ii) of such Act, a State 
may use any amount of an allotment from prior appropriations 
Acts that is available to that State for providing assistance in 
fiscal year 2009, and any allotment from funds appropriated in 
this section or in any other appropriations Act for fiscal year 2009, 
to provide assistance to households whose income does not exceed 
75 percent of the State median income. 
(c) The amount provided by this section shall be obligated 
to States within 30 calender days from the date of enactment 
of this joint resolution. 
(d) Of the amount provided by this section, $2,779,672,000 
is designated as an emergency requirement and necessary to meet 
emergency needs pursuant to section 204(a) of S. Con. Res. 21 
(110th Congress) and section 301(b)(2) of S. Con. Res. 70 (110th 
Congress), the concurrent resolutions on the budget for fiscal years 
2008 and 2009. 
(e) The provisions of this section shall apply notwithstanding 
any other provision of this joint resolution. 
SEC. 156. Notwithstanding section 101, amounts are provided 
for ‘‘Corporation for National and Community Service—Operating 
Expenses’’ to carry out subtitle E of the National and Community 
Service Act of 1990 at a rate for operations of $23,782,000. 
SEC. 157. (a) Amounts provided by section 101 for ‘‘Department 
of Health and Human Services—Office of the Secretary—General 
Departmental Management’’ are also available for the purpose of 
funding the National Commission on Children and Disasters author-
ized under title VI of division G of Public Law 110–161 (the ‘‘title 
VI Commission’’). 
(b) Effective on and after the date of enactment of this joint 
resolution (1) the National Commission on Children and Disasters 
established by the Secretary of Health and Human Services under 
section 1114 of the Social Security Act (the ‘‘section 1114 Commis-
sion’’), together with its members, personnel, and other resources 
and obligations, shall be considered to be the title VI Commission 
and shall no longer be subject to the provisions of such section 
1114; and (2) for purposes of any contract entered into by any 
component of the Department of Health and Human Services in 
fiscal year 2008 for support of the section 1114 Commission, any 
reference to the section 1114 Commission shall be deemed to refer 
to the title VI Commission. 
SEC. 158. (a) Notwithstanding section 101, amounts are pro-
vided for ‘‘Department of Education–Student Financial Assistance’’ 
at a rate for operations of $18,627,136,000, of which $16,761,000,000 
Effective date. 
Applicability. 
Deadline. 
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122 STAT. 3583 
PUBLIC LAW 110–329—SEPT. 30, 2008 
shall be for carrying out subpart 1 of part A of title IV of the 
Higher Education Act of 1965. 
(b) Subparagraph (E) of section 401(b)(8) of the Higher Edu-
cation Act of 1965 shall not apply to any funds made available 
under subparagraph (A) of such section through the date specified 
in section 106(3) of this joint resolution. 
SEC. 159. Notwithstanding any other provision of this joint 
resolution, there is appropriated for payment to the heirs-at-law 
of Stephanie Tubbs Jones, late a Representative from the State 
of Ohio, $169,300. 
SEC. 160. (a) Notwithstanding any other provision of this joint 
resolution, there is appropriated for ‘‘Department of Veterans 
Affairs—Veterans 
Benefits 
Administration—Filipino 
Veterans 
Equity Compensation Fund’’ for payments to eligible persons who 
served in the Philippines during World War II as authorized, 
$198,000,000, to remain available until expended. 
(b) The amount provided by this section is designated as an 
emergency requirement and necessary to meet emergency needs 
pursuant to section 204(a) of S. Con. Res. 21 (110th Congress) 
and section 301(b)(2) of S. Con. Res. 70 (110th Congress), the 
concurrent resolutions on the budget for fiscal years 2008 and 
2009. 
SEC. 161. The authority provided by section 1603(a) of Public 
Law 109–234 shall continue in effect through the date specified 
in section 106(3) of this joint resolution. 
SEC. 162. Notwithstanding section 235(a)(2) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2195(a)(2)), the authority of 
subsections (a) through (c) of section 234 of such Act shall remain 
in effect through the date specified in section 106(3) of this joint 
resolution. 
SEC. 163. Notwithstanding any other provision of this joint 
resolution, up to $5,000,000 of the amounts appropriated under 
the heading ‘‘Other Bilateral Economic Assistance—Department of 
the Treasury—Debt Restructuring’’ in Public Law 109–102, in such 
Act as made applicable to fiscal year 2007 by the Continuing Appro-
priations Resolution, 2007 (as amended by Public Law 110–5), 
and in title III of division J of Public Law 110–161, may be used 
to assist Liberia in buying back its commercial debt through the 
Debt Reduction Facility of the International Development Associa-
tion. 
SEC. 164. The first proviso under the heading ‘‘Department 
of State—Migration and Refugee Assistance’’ in title III of division 
J of Public Law 110–161 shall not apply to amounts provided 
by this joint resolution. 
SEC. 165. Notwithstanding section 101 of this joint resolution, 
the number in the third proviso under the heading ‘‘Military Assist-
ance—Funds Appropriated to the President—Foreign Military 
Financing Program’’ in title IV of division J of Public Law 110– 
161 shall be deemed to be $670,650,000 and shall apply to the 
$2,550,000,000 made available for assistance for Israel in fiscal 
year 2009 under the heading ‘‘Foreign Military Financing Program’’. 
SEC. 166. Notwithstanding section 101, amounts are provided 
for ‘‘Department of Transportation—Federal Aviation Administra-
tion—Operations’’ at a rate for operations of $8,756,800,000, of 
which not less than $1,099,402,000 shall be available for aviation 
safety activities. 
Applicability. 
Israel. 
Liberia. 
Stephanie Tubbs 
Jones. 
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122 STAT. 3584 
PUBLIC LAW 110–329—SEPT. 30, 2008 
SEC. 167. Amounts provided by section 101 for ‘‘Department 
of 
Transportation—Maritime 
Administration—Operations 
and 
Training’’ shall include amounts necessary to satisfy the salaries 
and benefits of employees of the United States Merchant Marine 
Academy, to be derived solely from the total amount made available 
in this joint resolution for the United States Merchant Marine 
Academy. The Secretary of Transportation shall inform the Commit-
tees on Appropriations of the House of Representatives and the 
Senate of salaries and expenses funding obligated for personnel 
that had heretofore not been compensated from funds made avail-
able under this account. 
SEC. 168. Notwithstanding any other provision of this joint 
resolution, other than section 106, the Secretary of Housing and 
Urban Development shall obligate funds provided by section 101 
at a rate the Secretary determines is necessary to renew, in a 
timely manner, all section 8 project-based rental assistance con-
tracts. In renewing such contracts, the Secretary may provide for 
payments to be made beyond the period covered by this joint resolu-
tion. 
SEC. 169. Section 24(o) of the United States Housing Act of 
1937 (42 U.S.C. 1437v(o)) shall be applied by substituting the 
date specified in section 106(3) of this joint resolution for ‘‘Sep-
tember 30, 2008’’. 
SEC. 170. 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 the date specified in section 106(3) of this joint resolution, 
insure and enter into commitments to insure mortgages under 
section 255 of such Act. 
SEC. 171. During the period covered by this joint resolution, 
commitments to guarantee loans insured under the Mutual Mort-
gage Insurance Fund, as authorized by the National Housing Act 
(12 U.S.C. 1701 et seq.), shall not exceed a loan principal of 
$1,154,000,000 multiplied by the number of days in such period. 
SEC. 172. Notwithstanding any other provision of this joint 
resolution, from funds made available for personnel compensation 
and benefits or salaries and expenses under any account in title 
II of division K of Public Law 110–161 (except for ‘‘Office of Inspector 
General’’ and ‘‘Office of Federal Housing Enterprise Oversight— 
Salaries and Expenses’’), up to $15,000,000 may be transferred 
to ‘‘Working Capital Fund’’ for information technology needs for 
the Federal Housing Administration. 
SEC. 173. Amounts provided by section 101 for ‘‘National 
Transportation Safety Board—Salaries and Expenses’’ shall include 
amounts necessary to make lease payments due in fiscal year 
2009 only, on an obligation incurred in 2001 under a capital lease. 
SEC. 174. The provisions of title II of the McKinney-Vento 
Homeless Assistance Act (42 U.S.C. 11311 et seq.) shall continue 
in effect, notwithstanding section 209 of such Act, through the 
earlier of (1) the date specified in section 106(3) of this joint resolu-
tion; or (2) the date of enactment of an authorization Act relating 
to the McKinney-Vento Homeless Assistance Act. 
This division may be cited as the ‘‘Continuing Appropriations 
Resolution, 2009’’. 
Mortgages. 
Contracts. 
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122 STAT. 3585 
PUBLIC LAW 110–329—SEPT. 30, 2008 
DIVISION B—DISASTER RELIEF AND RECOVERY 
SUPPLEMENTAL APPROPRIATIONS ACT, 2008 
The following sums are appropriated, out of any money in 
the Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2008, and for other purposes, namely: 
TITLE I—RELIEF AND RECOVERY FROM NATURAL 
DISASTERS 
CHAPTER 1—AGRICULTURE AND RURAL DEVELOPMENT 
DEPARTMENT OF AGRICULTURE 
OFFICE OF INSPECTOR GENERAL 
For an additional amount for ‘‘Office of Inspector General’’, 
$5,000,000, to remain available until expended, for oversight of 
disaster- and emergency-related funding provided by this chapter. 
AGRICULTURAL RESEARCH SERVICE 
BUILDINGS AND FACILITIES 
For an additional amount for ‘‘Buildings and Facilities’’, 
$5,000,000, to remain available until expended, for the repair and 
reconstruction of buildings damaged by natural disasters occurring 
during 2008. 
ANIMAL AND PLANT HEALTH INSPECTION SERVICE 
SALARIES AND EXPENSES 
For an additional amount for ‘‘Salaries and Expenses’’, 
$5,000,000, to remain available through September 30, 2010, for 
pathogen surveillance and eradication to address confirmed or sus-
pected outbreaks. 
NATURAL RESOURCES CONSERVATION SERVICE 
EMERGENCY WATERSHED PROTECTION PROGRAM 
For an additional amount for the ‘‘Emergency Watershed 
Protection Program’’, $100,000,000, to remain available until 
expended, for disaster recovery operations. 
FARM SERVICE AGENCY 
EMERGENCY CONSERVATION PROGRAM 
For an additional amount for ‘‘Emergency Conservation Pro-
gram’’, $115,000,000, to remain available until expended. 
Disaster Relief 
and Recovery 
Supplemental 
Appropriations 
Act, 2008. 
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122 STAT. 3586 
PUBLIC LAW 110–329—SEPT. 30, 2008 
RURAL DEVELOPMENT PROGRAMS 
RURAL DEVELOPMENT DISASTER ASSISTANCE FUND 
For grants, and for the cost of direct and guaranteed loans, 
for authorized activities of agencies of the Rural Development Mis-
sion Area, $150,000,000, to remain available until expended, which 
shall be allocated as follows: $59,000,000 for single and multi- 
family housing activities; $40,000,000 for community facilities 
activities; $26,000,000 for utilities activities; and $25,000,000 for 
business activities: Provided, That such funds shall be for areas 
affected by hurricanes, floods, and other natural disasters occurring 
during 2008 for which the President declared a major disaster 
under title IV of the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act of 1974: Provided further, That the cost of 
such direct and guaranteed loans, including the cost of modifying 
loans, shall be as defined in section 502 of the Congressional Budget 
Act of 1974: Provided further, That the Secretary of Agriculture 
may reallocate funds made available in this paragraph among the 
4 specified activities, if the Secretary notifies the Committees on 
Appropriations of the House of Representatives and the Senate 
not less than 15 days prior to such reallocation. 
In addition, for an additional amount for grants, and for the 
cost of direct and guaranteed loans, for authorized activities of 
the Rural Housing Service, $38,000,000, to remain available until 
expended, for single and multi-family housing activities: Provided, 
That such funds shall be for areas affected by Hurricanes Katrina 
and Rita: Provided further, That the cost of such direct and guaran-
teed loans, including the cost of modifying loans, shall be as defined 
in section 502 of the Congressional Budget Act of 1974. 
GENERAL PROVISIONS, THIS CHAPTER 
(INCLUDING TRANSFERS OF FUNDS) 
SEC. 10101. (a) RURAL DEVELOPMENT DISASTER ASSISTANCE 
FUND.—Hereafter, there is established in the Treasury a fund enti-
tled the ‘‘Rural Development Disaster Assistance Fund’’. 
(b) PURPOSE AND AVAILABILITY OF FUND.—Subject to subsection 
(d), amounts in the Rural Development Disaster Assistance Fund 
shall be available to the Secretary of Agriculture, until expended, 
to provide additional amounts for authorized activities of agencies 
of the Rural Development Mission Area in areas affected by a 
disaster declared by the President or the Secretary of Agriculture. 
Amounts so provided shall be in addition to any other amounts 
available to carry out the activity. 
(c) WAIVER OF ACTIVITY OR PROJECT LIMITATIONS.—The Sec-
retary of Agriculture may waive any limits on population, income, 
or cost-sharing otherwise applicable to an activity or project for 
which amounts in the Rural Development Disaster Assistance Fund 
will be obligated under subsection (b), except that, if the amounts 
proposed to be obligated in connection with the disaster would 
exceed the amount specified in subsection (h), the notification 
required by that subsection shall include information and justifica-
tion with regard to any waivers to be granted under this subsection. 
(d) TREATMENT
OF CERTAIN AMOUNTS
IN FUND.—Amounts 
appropriated directly to the Rural Development Disaster Assistance 
Fund by this Act or any subsequent Act for a specific purpose 
7 USC 6945. 
Notification. 
Deadline. 
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122 STAT. 3587 
PUBLIC LAW 110–329—SEPT. 30, 2008 
shall be available only for that purpose until such time as the 
transfer authority provided by subsection (f) takes effect with regard 
to the amounts. Only subsection (c), including the notification 
requirements of such subsection, and subsections (g) and (i) apply 
to amounts described in this subsection. 
(e) TRANSFER OF PRIOR APPROPRIATIONS TO FUND.—The Sec-
retary of Agriculture may transfer to the Rural Development Dis-
aster Assistance Fund, and merge with other amounts generally 
appropriated to the Fund, the available unobligated balance of 
any amounts that were appropriated before the date of the enact-
ment of this Act for programs and activities of the Rural Develop-
ment Mission Area to respond to a disaster and were designated 
by the Congress as an emergency requirement if, in advance of 
the transfer, the Secretary determines that the unobligated amounts 
are no longer needed to respond to the disaster for which the 
amounts were originally appropriated and the Secretary provides 
a certification of this determination to the Committees on Appro-
priations of the House of Representatives and the Senate. 
(f) TRANSFER
OF OTHER APPROPRIATIONS
TO FUND.—Unless 
otherwise specifically provided in an appropriations Act, the Sec-
retary of Agriculture may transfer to or within the Rural Develop-
ment Disaster Assistance Fund, and merge with other amounts 
generally appropriated to the Fund, the available unobligated bal-
ance of any amounts that are appropriated for fiscal year 2009 
or any subsequent fiscal year for programs and activities of the 
Rural Development Mission Area to respond to a disaster and 
are designated by the Congress as an emergency requirement if, 
in advance of the transfer, the Secretary determines that the unobli-
gated amounts are no longer needed to respond to the disaster 
for which the amounts were originally appropriated and the Sec-
retary provides a certification of this determination to the Commit-
tees on Appropriations of the House of Representatives and the 
Senate. A transfer of unobligated amounts with respect to a disaster 
may not be made under this subsection until after the end of 
the two-year period beginning on the date on which the amounts 
were originally appropriated for that disaster. 
(g) ADMINISTRATIVE EXPENSES.—In addition to any other funds 
available to the Secretary of Agriculture to cover administrative 
costs, the Secretary may use up to 3 percent of the amounts allo-
cated from the Rural Development Disaster Assistance Fund for 
a specific disaster to cover administrative costs of Rural Develop-
ment’s State and local offices in the areas affected by the disaster 
to carry out disaster related activities. 
(h) LIMITATION ON PER DISASTER OBLIGATIONS.—Amounts in 
the Rural Development Disaster Assistance Fund, except for 
amounts described in subsection (d) that are appropriated to the 
Fund and obligated in accordance with that subsection, may not 
be obligated in excess of $1,000,000 for a disaster until at least 
15 days after the date on which the Secretary of Agriculture notifies 
the Committees on Appropriations of the House of Representatives 
and the Senate of the Secretary’s determination to obligate addi-
tional amounts and the reasons for the determination. The Sec-
retary may not obligate more than 50 percent of the funds contained 
in the Rural Development Disaster Assistance Fund for any one 
disaster unless the Secretary declares that there is a specific and 
extreme need that additional funds must be provided in response 
to such disaster at time of the obligation. 
Deadline. 
Notification. 
Certification. 
Certification. 
Applicability. 
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122 STAT. 3588 
PUBLIC LAW 110–329—SEPT. 30, 2008 
(i) QUARTERLY REPORTS.—The Secretary of Agriculture shall 
submit, on a quarterly basis, to the Committees on Appropriations 
of the House of Representatives and the Senate a report describing 
the status of the Rural Development Disaster Assistance Fund 
and any transactions that have affected the Fund since the previous 
report. 
SEC. 10102. Section 1601 (c)(2) of the Food, Conservation and 
Energy Act of 2008 (Public Law 110-246) shall apply in imple-
menting section 12033 of such Act. 
CHAPTER 2—COMMERCE AND SCIENCE 
DEPARTMENT OF COMMERCE 
ECONOMIC DEVELOPMENT ADMINISTRATION 
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS 
Pursuant to section 703 of the Public Works and Economic 
Development Act (42 U.S.C. 3233), for an additional amount for 
‘‘Economic Development Assistance Programs’’, for necessary 
expenses related to disaster relief, long-term recovery, and restora-
tion of infrastructure related to the consequences of hurricanes, 
floods and other natural disasters occuring during 2008 for which 
the President declared a major disaster under title IV of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act, 
$400,000,000, to remain available until expended. 
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION 
OPERATIONS, RESEARCH, AND FACILITIES 
For an additional amount for ‘‘Operations, Research, and Facili-
ties’’, to improve hurricane track and intensity forecasts for the 
protection of life and property, $11,000,000, to remain available 
until September 30, 2009. 
In addition, for an additional amount for ‘‘Operations, Research, 
and Facilities’’, for fishery disaster assistance, $75,000,000, to 
remain available until September 30, 2009: Provided, That the 
National Marine Fisheries Service shall cause such amounts to 
be distributed among eligible recipients of assistance for fishery 
resource disasters and commercial fishery failures as declared by 
the Secretary of Commerce under sections 308(b) and 308(d) of 
the Interjurisdicitional Fisheries Act (16 U.S.C. 4107) and sections 
312(a) and 315 of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1861a(a) and 1864). 
PROCUREMENT, ACQUISITION, AND CONSTRUCTION 
For an additional amount for ‘‘Procurement, Acquisition, and 
Construction’’, to improve hurricane track and intensity forecasts 
for the protection of life and property, $6,000,000, to remain avail-
able until September 30, 2009. 
Applicability. 
7 USC 1531 note. 
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122 STAT. 3589 
PUBLIC LAW 110–329—SEPT. 30, 2008 
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 
EXPLORATION CAPABILITIES 
For an additional amount for ‘‘Exploration Capabilities’’, for 
necessary expenses for restoration and mitigation of National Aero-
nautics and Space Administration owned infrastructure and facili-
ties related to the consequences of hurricanes, floods, and other 
natural disasters occuring during 2008 for which the President 
declared a major disaster under title IV of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act of 1974, $30,000,000, 
to remain available until expended with such sums as determined 
by the Administrator of the National Aeronautics and Space 
Administration as available to reimburse costs incurred and for 
transfer to ‘‘Science, Aeronautics and Exploration’’ in accordance 
with section 505 of division B of Public Law 110-161. 
CHAPTER 3—ENERGY AND WATER DEVELOPMENT 
DEPARTMENT OF DEFENSE—CIVIL 
DEPARTMENT OF THE ARMY 
CORPS OF ENGINEERS—CIVIL 
CONSTRUCTION 
For an additional amount for ‘‘Construction’’ for necessary 
expenses related to the consequences of Hurricane Katrina and 
other hurricanes, floods and other natural disasters, $1,538,800,000, 
to remain available until expended: Provided, That the Secretary 
of the Army is directed to use $38,800,000 of the funds appropriated 
under this heading to address emergency situations at Corps of 
Engineers projects and rehabilitate and repair damages to Corps 
projects caused by recent natural disasters: Provided further, That 
the Secretary is directed to use $1,500,000,000 of the funds appro-
priated under this heading to fund the estimated amount of the 
non-Federal cash contribution for projects in southeast Louisiana 
that will be financed in accordance with the provisions of section 
103(k) of Public Law 99–662 over a period of 30 years from the 
date of completion of the project or separable element, with 
$700,000,000 used for the Lake Pontchartrain and Vicinity project; 
$350,000,000 used for the West Bank and Vicinity project and 
$450,000,000 used for elements of the Southeast Louisiana Urban 
Drainage project that are within the geographic perimeter of the 
West Bank and Vicinity and Lake Pontchartrain and Vicinity 
projects: Provided further, That the expenditure of funds as provided 
above may be made without regard to individual amounts or pur-
poses and any reallocation of funds that is necessary to accomplish 
the established goals is authorized subject to the approval of the 
Committees on Appropriations of the House of Representatives and 
the Senate: Provided further, That the Assistant Secretary of the 
Army for Civil Works shall provide a monthly report to the Commit-
tees on Appropriations detailing the allocation and obligation of 
these funds, beginning not later than 60 days after enactment 
of this Act. 
Reports. 
Deadline. 
Louisiana. 
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122 STAT. 3590 
PUBLIC LAW 110–329—SEPT. 30, 2008 
MISSISSIPPI RIVER AND TRIBUTARIES 
For an additional amount for ‘‘Mississippi River and Tribu-
taries’’ for recovery from natural disasters, $82,400,000, to remain 
available until expended, to dredge eligible projects in response 
to and repair damages to Federal projects caused by recent natural 
disasters: Provided, That $35,000,000 shall be used to reimburse 
projects where funding was transferred to the Flood Control and 
Coastal Emergencies account under the provisions of section 5 
of the Act of August 18, 1941 (33 U.S.C. 701n): Provided further, 
That the Assistant Secretary of the Army for Civil Works shall 
provide a monthly report to the Committees on Appropriations 
of the House of Representatives and the Senate detailing the alloca-
tion and obligation of these funds, beginning not later than 60 
days after enactment of this Act. 
OPERATION AND MAINTENANCE 
For an additional amount for ‘‘Operation and Maintenance’’ 
to dredge navigation channels and repair other Corps projects 
related to natural disasters, $740,000,000, to remain available until 
expended: Provided, That the Assistant Secretary of the Army for 
Civil Works shall provide a monthly report to the Committees 
on Appropriations of the House of Representatives and the Senate 
detailing the allocation and obligation of these funds, beginning 
not later than 60 days after enactment of this Act. 
FLOOD CONTROL AND COASTAL EMERGENCIES 
For an additional amount for ‘‘Flood Control and Coastal Emer-
gencies’’, as authorized by section 5 of the Act of August 18, 1941 
(33 U.S.C. 701n), for necessary expenses relating to the con-
sequences of recent hurricanes and other natural disasters as 
authorized by law, $415,600,000, to remain available until expended 
to support emergency operations, repair eligible projects nationwide, 
and for other activities in response to natural disasters: Provided, 
That the Assistant Secretary of the Army for Civil Works shall 
provide a monthly report to the Committees on Appropriations 
of the House of Representatives and the Senate detailing the alloca-
tion and obligation of these funds, beginning not later than 60 
days after enactment of this Act. 
CHAPTER 4—FINANCIAL SERVICES AND GENERAL 
GOVERNMENT 
INDEPENDENT AGENCIES 
GENERAL SERVICES ADMINISTRATION 
REAL PROPERTY ACTIVITIES 
FEDERAL BUILDINGS FUND 
CONSTRUCTION AND ACQUISITION 
For an additional amount to be deposited in the Federal 
Buildings Fund, $182,000,000, exclusive of permitted escalation, 
is authorized and available for the Administrator to proceed with 
Reports. 
Deadline. 
Reports. 
Deadline. 
Reports. 
Deadline. 
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122 STAT. 3591 
PUBLIC LAW 110–329—SEPT. 30, 2008 
necessary site acquisition, design, and construction for the new 
courthouse project in Cedar Rapids, Iowa: Provided, That the fore-
going limits of costs on new construction projects may be exceeded 
to the extent that savings are effected in other such projects, but 
not to exceed 10 percent of the amounts provided unless advance 
approval is obtained from the Committees on Appropriations of 
a greater amount: Provided further, That all funds for direct 
construction projects shall expire on September 30, 2009 and remain 
in the Federal Buildings Fund except for funds for projects to 
which funds for design or other funds have been obligated in whole 
or in part prior to such date. 
SMALL BUSINESS ADMINISTRATION 
SALARIES AND EXPENSES 
For an additional amount for ‘‘Salaries and Expenses’’, 
$10,000,000, to remain available until September 30, 2009, for 
grants under section 21 of the Small Business Act (15 U.S.C. 
648) to small business development centers to provide technical 
assistance to small business concerns affected by recent hurricanes, 
flooding, and other natural disasters in calendar year 2008: Pro-
vided, That the Administrator of the Small Business Administration 
shall waive the matching requirement under section 21(a)(4)(A) 
of such Act for any grant made using funds made available under 
this heading. 
OFFICE OF INSPECTOR GENERAL 
For an additional amount for ‘‘Office of Inspector General’’ 
for necessary expenses related to the consequences of recent hurri-
canes and other natural disasters in calendar year 2008, $3,000,000, 
to remain available until expended. 
DISASTER LOANS PROGRAM ACCOUNT 
For an additional amount for the ‘‘Disaster Loans Program 
Account’’ for the cost of direct loans authorized by section 7(b) 
of the Small Business Act, for necessary expenses related to recent 
hurricanes and other natural disasters, $498,000,000, to remain 
available until expended: Provided, That such costs, including the 
cost of modifying such loans, shall be as defined in section 502 
of the Congressional Budget Act of 1974. 
In addition, for administrative expenses to carry out the direct 
loan program authorized by section 7(b) in response to recent hurri-
canes and other natural disasters, including onsite assistance to 
disaster victims, increased staff at call centers, processing centers, 
and field inspections teams, and attorneys to assist in loan closings, 
$288,000,000 to remain available until expended; of which 
$279,000,000 is for direct administrative expenses of loan making 
and servicing to carry out the direct loan program, which may 
be paid to appropriations for Salaries and Expenses; and of which 
$9,000,000 is for indirect administrative expenses, which may be 
paid to appropriations for Salaries and Expenses. 
Waiver authority. 
Expiration date. 
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122 STAT. 3592 
PUBLIC LAW 110–329—SEPT. 30, 2008 
CHAPTER 5—HOMELAND SECURITY 
DEPARTMENT OF HOMELAND SECURITY 
COAST GUARD 
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Acquisition, Construction, and 
Improvements’’ for necessary expenses related to the consequences 
of 2008 natural disasters and flooding, $300,000,000, to remain 
available until expended: Provided, That notwithstanding the 
transfer limitation contained in section 503 of division E of Public 
Law 110–161, such funding may be transferred to other Coast 
Guard appropriations after notification as required in accordance 
with such section: Provided further, That a plan listing all facilities 
to be reconstructed and restored, with associated costs, shall be 
submitted to the Committees on Appropriations of the Senate and 
the House of Representatives. 
FEDERAL EMERGENCY MANAGEMENT AGENCY 
DISASTER RELIEF 
(INCLUDING TRANSFERS OF FUNDS) 
For an additional amount for ‘‘Disaster Relief’’, $7,960,000,000, 
to remain available until expended: Provided, That of the amount 
provided, up to $98,150,000 may be transferred to the ‘‘Disaster 
Assistance Direct Loan Program Account’’ for the cost of direct 
loans as authorized under section 417 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5184), 
of which up to $4,200,000 is for administrative expenses to carry 
out the direct loan program: Provided further, That such transfer 
may be made to subsidize gross obligations for the principal amount 
of direct loans not to exceed $100,000,000 under section 417 of 
such Act: Provided further, That the cost of modifying such loans 
shall be as defined in section 502 of the Congressional Budget 
Act of 1974 (2 U.S.C. 661a): Provided further, That of the amount 
provided, up to $8,000,000 shall be transferred to the ‘‘Department 
of Homeland Security Office of Inspector General’’ for audits and 
investigations related to disasters. 
GENERAL PROVISIONS, THIS CHAPTER 
(INCLUDING RESCISSION OF FUNDS) 
SEC. 10501. (a) RESCISSION.—Of amounts previously made 
available from ‘‘Federal Emergency Management Agency—Disaster 
Relief’’ to the State of Mississippi pursuant to section 404 of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act 
of 1974 (42 U.S.C. 5170c) for Hurricane Katrina, an additional 
$20,000,000 is rescinded. 
(b) APPROPRIATION.—For ‘‘Federal Emergency Management 
Agency—State and Local Programs’’, there is appropriated an addi-
tional $20,000,000, to remain available until expended, for a grant 
Grants. 
Mississippi. 
Plan. 
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122 STAT. 3593 
PUBLIC LAW 110–329—SEPT. 30, 2008 
to the State of Mississippi for an interoperable communications 
system required in the aftermath of Hurricane Katrina. 
SEC. 10502. There is hereby appropriated to the Secretary 
of the Department of Homeland Security not to exceed $100,000,000, 
to remain available until September 30, 2009, for payments to 
the American Red Cross for reimbursement of disaster relief and 
recovery expenditures and emergency services provided in the 
United States associated with hurricanes, floods, and other natural 
disasters occurring in 2008 for which the President declared a 
major disaster under title IV of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act of 1974, and only to the 
extent funds are not made available for those activities by other 
Federal sources: Provided, That these funds may be administered 
by any authorized federal government agency to meet the purposes 
of this provision and that total administrative costs shall not exceed 
3 percent of the total appropriation: Provided further, That the 
Comptroller General shall audit the use of these funds by the 
American Red Cross. 
SEC. 10503. Until such time as preliminary flood insurance 
rate maps initiated prior to October 1, 2008 are completed and 
released for public review, preliminary base flood elevations are 
published in the Federal Register, and the second required local 
newspaper publication of such base flood elevations is made for 
the City of St. Louis, St. Charles and St. Louis counties in Missouri, 
and Madison, Monroe, and St. Clair counties in Illinois, the 
Administration shall not begin the statutory appeals process in 
such areas required under section 1363 of the National Flood Insur-
ance Act of 1968. 
CHAPTER 6—INTERIOR AND ENVIRONMENT 
DEPARTMENT OF THE INTERIOR 
BUREAU OF LAND MANAGEMENT 
WILDLAND FIRE MANAGEMENT 
(INCLUDING TRANSFERS OF FUNDS) 
For an additional amount for ‘‘Wildland Fire Management’’, 
$135,000,000, to remain available until expended, of which (1) 
$110,000,000 is for urgent wildland fire suppression activities, 
including repayments to other accounts from which funds were 
transferred in fiscal year 2008 for wildfire suppression so that 
all such transfers for fiscal year 2008 are fully repaid; and (2) 
$25,000,000 is for burned area rehabilitation. 
UNITED STATES FISH AND WILDLIFE SERVICE 
CONSTRUCTION 
For an additional amount for ‘‘Construction’’, $75,000,000, to 
remain available until expended, for necessary expenses related 
to the consequences of hurricanes and natural disasters. 
Missouri. 
Illinois. 
Audits. 
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122 STAT. 3594 
PUBLIC LAW 110–329—SEPT. 30, 2008 
DEPARTMENT OF AGRICULTURE 
FOREST SERVICE 
CAPITAL IMPROVEMENT AND MAINTENANCE 
(INCLUDING TRANSFERS OF FUNDS) 
For an additional amount for ‘‘Capital Improvement and 
Maintenance’’, $30,000,000, to remain available until expended, 
for necessary expenses, including cleanup, related to the con-
sequences of hurricanes, floods and other natural disasters. 
WILDLAND FIRE MANAGEMENT 
(INCLUDING TRANSFERS OF FUNDS) 
For an additional amount for ‘‘Wildland Fire Management’’, 
$775,000,000, to remain available until expended, of which (1) 
$500,000,000 shall be available for emergency wildfire suppression 
and related activities, of which no less than $300,000,000 shall 
be transferred to Forest Service accounts within 15 days of enact-
ment of this Act so that all such transfers for wildfire suppression 
in fiscal year 2008 are fully repaid, including $30,000,000 reallo-
cated between programs in the Wildland Fire Management Account; 
and of which $100,000,000 shall be transferred within 15 days 
of enactment of this Act to the fund established by section 3 of 
Public Law 71–319 (16 U.S.C. 576 et seq.) to repay transfers made 
for 
previous 
emergency 
wildfire 
suppression 
activities; 
(2) 
$175,000,000 shall be available for hazardous fuels reduction and 
hazard mitigation activities in areas at high risk of catastrophic 
wildfire due to population density and fuel loads, of which 
$125,000,000 is available for work on State and private lands using 
all the authorities available to the Forest Service; (3) $75,000,000 
is for rehabilitation and restoration of Federal lands and may 
be transferred to other Forest Service accounts as necessary; and 
(4) $25,000,000 is for preparedness for retention initiatives in areas 
at high risk of catastrophic wildfire that face recurrent staffing 
shortages. 
CHAPTER 7—HEALTH AND HUMAN SERVICES AND 
EDUCATION 
DEPARTMENT OF HEALTH AND HUMAN SERVICES 
ADMINISTRATION FOR CHILDREN AND FAMILIES 
SOCIAL SERVICES BLOCK GRANT 
For an additional amount for ‘‘Social Services Block Grant’’, 
$600,000,000, which shall remain available through September 30, 
2009, for necessary expenses resulting from hurricanes, floods, and 
other natural disasters occurring during 2008 for which the Presi-
dent declared a major disaster under title IV of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act of 1974, 
and from Hurricanes Katrina and Rita, notwithstanding section 
2003 and paragraphs (1) and (4) of section 2005(a) of the Social 
Security Act: Provided, That notwithstanding section 2002 of the 
Deadlines. 
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122 STAT. 3595 
PUBLIC LAW 110–329—SEPT. 30, 2008 
Social Security Act, the distribution of such amount shall be limited 
to States directly affected by these events: Provided further, That 
the Secretary of Health and Human Services shall distribute such 
amount to eligible States based on demonstrated need in accordance 
with objective criteria that are made available to the public: Pro-
vided further, That in addition to other uses permitted by title 
XX of the Social Security Act, funds appropriated under this heading 
may be used for health services (including mental health services), 
and for repair, renovation, and construction of health care facilities 
(including mental health facilities), child care centers, and other 
social services facilities. 
DEPARTMENT OF EDUCATION 
SCHOOL IMPROVEMENT PROGRAMS 
For an additional amount for ‘‘School Improvement Programs’’ 
for education for homeless children and youths (as defined in section 
725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
11434a)), $15,000,000, to remain available through September 30, 
2009: Provided, That such funds shall be made available, based 
on demonstrated need, only to local educational agencies whose 
enrollment of homeless students has increased as a result of hurri-
canes, floods, and other natural disasters occurring during 2008 
for which the President declared a major disaster under title IV 
of the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act of 1974: Provided further, That such funds shall be used for 
the activities described in section 723(d) of such Act (42 U.S.C. 
11433(d)) and services provided using such funds shall comply 
with paragraphs (2) and (3) of section 723(a) of such Act (42 U.S.C. 
11433(a)): Provided further, That the local educational agency 
requirements described in paragraphs (3) through (7) of section 
722(g) of such Act (42 U.S.C. 11432(g)) shall apply: Provided further, 
That the Secretary of Education shall distribute these funds to 
such local educational agencies not later than 120 days after the 
date of the enactment of this Act. 
HIGHER EDUCATION DISASTER RELIEF 
For an additional amount under part B of title VII of the 
Higher Education Act of 1965 (‘‘HEA’’) for institutions of higher 
education (as defined in section 101 or section 102(c) of that Act) 
that are located in an area affected by hurricanes, floods, and 
other natural disasters occurring during 2008 for which the Presi-
dent declared a major disaster under title IV of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act of 1974, 
$15,000,000, to remain available through September 30, 2009: Pro-
vided, That such funds shall be available to the Secretary of Edu-
cation only for payments to help defray the expenses (which may 
include lost revenue, reimbursement for expenses already incurred, 
and construction) incurred by such institutions of higher education 
that were forced to close, relocate, or whose operations were 
impaired as a result of damage directly caused by such hurricanes, 
floods, and other natural disasters occurring during 2008, and for 
payments to enable such institutions to provide grants to students 
who attend such institutions for academic years beginning on or 
after July 1, 2008: Provided further, That such payments shall 
be made in accordance with criteria established by the Secretary 
Criteria. 
Public 
information. 
Deadline. 
Applicability. 
Criteria. 
Public 
information. 
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122 STAT. 3596 
PUBLIC LAW 110–329—SEPT. 30, 2008 
and made publicly available without regard to section 437 of the 
General Education Provisions Act, section 553 of title 5, United 
States Code, or part B of title VII of the HEA: Provided further, 
That the Secretary shall award funds available under this para-
graph not later than 60 days after the date of the enactment 
of this Act. 
GENERAL PROVISIONS, THIS CHAPTER 
SEC. 10701. (a) EXTENSION OF WAIVER AUTHORITY.—Section 
105 of subtitle A of title IV of division B of Public Law 109– 
148 (119 Stat. 2797) is amended— 
(1) in subsection (b)— 
(A) in the first sentence, by striking ‘‘for fiscal year 
2007.’’ and inserting ‘‘for any of fiscal years 2007 through 
2009.’’; and 
(B) by striking the second sentence; and 
(2) in subsection (c)(2), by striking ‘‘for fiscal year 2006 
or 2007’’ and inserting ‘‘for any fiscal year’’. 
(b) APPLICATION OF WAIVER AUTHORITY TO AREAS AFFECTED 
IN 2008.—The authority of the Secretary of Education under section 
105 of subtitle A of title IV of division B of Public Law 109– 
148 (119 Stat. 2797), as amended by subsection (a), may be exercised 
with respect to an entity in an area affected by hurricanes, floods, 
and other natural disasters occurring during 2008 for which the 
President declared a major disaster under title IV of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act of 1974. 
SEC. 10702. (a) ALLOCATION
AND
USE
OF
CAMPUS-BASED 
HIGHER EDUCATION ASSISTANCE.— 
(1) 
WAIVER
OF
MATCHING
REQUIREMENTS.—Notwith-
standing sections 413C(a)(2) and 443(b)(5) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1070b-2(a)(2); 42 U.S.C. 
2753(b)(5)), with respect to funds made available for academic 
year 2009-2010 to an institution of higher education located 
in an area affected by a 2008 natural disaster, the Secretary 
shall waive the requirement that a participating institution 
of higher education provide a non-Federal share or a capital 
contribution, as the case may be, to match Federal funds pro-
vided to the institution for the programs authorized pursuant 
to subpart 3 of part A and part C of title IV of such Act. 
(2) WAIVER OF REALLOCATION RULES.— 
(A) AUTHORITY TO REALLOCATE.—Notwithstanding sec-
tions 413D(d) and 442(d) of the Higher Education Act of 
1965 (20 U.S.C. 1070b-3(d); 42 U.S.C. 2752(d)), the Sec-
retary shall— 
(i) reallocate any funds returned under any of those 
sections that were allocated to institutions of higher 
education for award year 2008–2009 to an institution 
of higher education that is eligible under this para-
graph; and 
(ii) waive the allocation reduction for award year 
2009-2010 for an institution returning more than 10 
percent of its allocation under any of those sections. 
(B) ELIGIBLE
INSTITUTIONS
FOR
REALLOCATION.—An 
institution of higher education may receive a reallocation 
of excess allocations under this paragraph if the institu-
tion— 
Deadline. 
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122 STAT. 3597 
PUBLIC LAW 110–329—SEPT. 30, 2008 
(i) participates in the program for which excess 
allocations are being reallocated; and 
(ii) is located in an area affected by a 2008 natural 
disaster. 
(C) BASIS
OF
REALLOCATION.—The Secretary shall 
determine the manner in which excess allocations shall 
be reallocated to institutions under subparagraph (A), and 
shall give additional consideration to the needs of institu-
tions located in an area affected by a 2008 natural disaster. 
(D) ADDITIONAL WAIVER AUTHORITY.—Notwithstanding 
any other provision of law, in order to carry out this para-
graph, the Secretary may waive or modify any statutory 
or regulatory provision relating to the reallocation of excess 
allocations under subpart 3 of part A or part C of title 
IV of the Higher Education Act of 1965 in order to ensure 
that assistance is received by institutions described in sub-
section (a)(2)(B). 
(b) DEFINITIONS.—In this section: 
(1) 2008 NATURAL DISASTER.—The term ‘‘2008 natural dis-
aster’’ means a major disaster that the President declared 
to exist, in accordance with section 401 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) 
that was caused by hurricanes, floods, and other natural disas-
ters during calendar year 2008. 
(2) AREA AFFECTED BY A 2008 NATURAL DISASTER.—The term 
‘‘area affected by a 2008 natural disaster’’ means a county 
or parish that has been designated by the Federal Emergency 
Management Agency for disaster assistance for individuals and 
households as a result of a 2008 natural disaster. 
(3) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institu-
tion of higher education’’ has the meaning given that term 
in section 102 of the Higher Education Act of 1965 (20 U.S.C. 
1002). 
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of Education. 
CHAPTER 8—MILITARY CONSTRUCTION 
DEPARTMENT OF DEFENSE 
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD 
For an additional amount for ‘‘Military Construction, Army 
National Guard’’, $25,000,000, to remain available until September 
30, 2013, for construction due to damages as a result of natural 
disasters: Provided, That notwithstanding any other provision of 
law, such funds may be obligated and expended to carry out plan-
ning and design and military contruction projects not otherwise 
authorized by law: Provided further, That within 30 days of enact-
ment of this Act, the Army National Guard shall submit to the 
Committees on Appropriations of both Houses of Congress an 
expenditure plan for funds provided under this heading. 
Deadline. 
Expenditure 
plan. 
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122 STAT. 3598 
PUBLIC LAW 110–329—SEPT. 30, 2008 
CHAPTER 9—DEPARTMENT OF STATE AND FOREIGN 
OPERATIONS 
INTERNATIONAL COMMISSIONS 
INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES 
AND MEXICO 
CONSTRUCTION 
For an additional amount for ‘‘Construction’’, for the water 
quantity program to meet immediate and emergency repair and 
rehabilitation requirements, $37,500,000, to remain available until 
expended: Provided, That up to $3,000,000 may be transferred 
to, and merged with, funds available under the heading ‘‘Inter-
national 
Boundary 
and 
Water 
Commission—Salaries 
and 
Expenses’’: Provided further, That not later than 60 days after 
enactment of this Act, the Commission shall submit to the Commit-
tees on Appropriations of the House of Representatives and the 
Senate a detailed spending plan for funds appropriated under this 
heading. 
CHAPTER 10—TRANSPORTATION AND HOUSING AND 
URBAN DEVELOPMENT 
DEPARTMENT OF TRANSPORTATION 
FEDERAL HIGHWAY ADMINISTRATION 
FEDERAL-AID HIGHWAYS 
EMERGENCY RELIEF PROGRAM 
For an additional amount for the Emergency Relief Program 
as authorized under section 125 of title 23, United States Code, 
$850,000,000, to remain available until expended: Provided, That 
notwithstanding section 125(d)(1) of such title, the Secretary of 
Transportation may obligate more than $100,000,000 for eligible 
expenses in a State in a fiscal year to respond to damage caused 
by Hurricanes Gustav and Ike. 
FEDERAL RAILROAD ADMINISTRATION 
RAILROAD REHABILITATION AND REPAIR 
For necessary expenses for the Secretary of Transportation 
to make grants to repair and rehabilitate Class II and Class III 
railroad infrastructure damaged by hurricanes, floods, and other 
natural disasters in areas for which the President declared a major 
disaster under title IV of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act of 1974, $20,000,000, to remain 
available until expended, and to be awarded to States on a competi-
tive case-by-case basis based on need: Provided, That funds avail-
able under this heading shall be available for repair and rehabilita-
tion of railroad rights-of-way, bridges, signals, and other infrastruc-
ture which is part of the general railroad system of transportation 
and primarily used by railroads to move freight traffic: Provided 
further, That the maximum Federal share for carrying out a project 
Deadline. 
Spending plan. 
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122 STAT. 3599 
PUBLIC LAW 110–329—SEPT. 30, 2008 
under this heading shall be 80 percent of the project cost with 
the non-Federal share provided only in cash, equipment or supplies: 
Provided further, That the Secretary may retain up to one-half 
of 1 percent of the funds under this heading to fund the oversight 
by the Administrator of the Federal Railroad Administration of 
the design and implementation of projects funded by grants made 
under this heading: Provided further, That the provisions of section 
24312 of title 49, United States Code, shall apply to grantees 
assisted under this heading: Provided further, That grantees must 
exhaust all other Federal and State resources prior to seeking 
assistance under this heading. 
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 
PUBLIC AND INDIAN HOUSING 
TENANT-BASED RENTAL ASSISTANCE 
For an additional amount for ‘‘Tenant-Based Rental Assist-
ance’’, as authorized under the United States Housing Act of 1937 
(42 U.S.C. 1437 et seq.), not otherwise provided for, $85,000,000, 
to remain available until expended, for incremental housing assist-
ance, including related administrative expenses, for persons assisted 
under the Disaster Housing Assistance Program whose assistance 
would otherwise end on March 1, 2009. 
PROJECT-BASED RENTAL ASSISTANCE 
For an additional amount to areas impacted by Hurricanes 
Katrina and Rita for project-based vouchers under section 8(o)(13) 
of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(13)), 
$50,000,000, to remain available until expended. 
PUBLIC HOUSING CAPITAL FUND 
For an additional amount to be made available to the Secretary 
of Housing and Urban Development, $15,000,000, notwithstanding 
any other provision of law, to be used solely for the redevelopment 
of public housing impacted by Hurricanes Katrina and Rita. 
COMMUNITY PLANNING AND DEVELOPMENT 
COMMUNITY DEVELOPMENT FUND 
For an additional amount for the ‘‘Community Development 
Fund’’, for necessary expenses related to disaster relief, long-term 
recovery, and restoration of infrastructure, housing, and economic 
revitalization in areas affected by hurricanes, floods, and other 
natural disasters occuring during 2008 for which the President 
declared a major disaster under title IV of the Robert T. Stafford 
Disaster 
Relief 
and 
Emergency 
Assistance 
Act 
of 
1974, 
$6,500,000,000, to remain available until expended, for activities 
authorized under title I of the Housing and Community Develop-
ment Act of 1974 (Public Law 93–383): Provided, That funds pro-
vided under this heading shall be administered through an entity 
or entities designated by the Governor of each State: Provided 
further, That such funds may not be used for activities reimbursable 
by, or for which funds are made available by, the Federal Emergency 
Applicability. 
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122 STAT. 3600 
PUBLIC LAW 110–329—SEPT. 30, 2008 
Management Agency or the Army Corps of Engineers: Provided 
further, That funds allocated under this heading shall not adversely 
affect the amount of any formula assistance received by a State 
under the Community Development Fund: Provided further, That 
each State may use up to 5 percent of its allocation for administra-
tive costs: Provided further, That $6,500,000 shall be available 
for use by the Assistant Secretary of Community Planning and 
Development for the administrative costs, including information 
technology costs, with respect to amounts made available under 
this section and under section 2301(a) of the Housing and Economic 
Recovery Act of 2008. Provided further, That not less than 
$650,000,000 from funds made available on a pro-rata basis 
according to the allocation made to each State under this heading 
shall be used for repair, rehabilitation, and reconstruction (including 
demolition, site clearance and remediation) of the affordable rental 
housing stock (including public and other HUD-assisted housing) 
in the impacted areas where there is a demonstrated need as 
determined by the Secretary: Provided further, That in admin-
istering the funds under this heading, the Secretary of Housing 
and Urban Development may waive, or specify alternative require-
ments for, any provision of any statute or regulation that the 
Secretary administers in connection with the obligation by the 
Secretary or the use by the recipient of these funds or guarantees 
(except for requirements related to fair housing, nondiscrimination, 
labor standards, and the environment), upon a request by a State 
explaining why such waiver is required to facilitate the use of 
such funds or guarantees, if the Secretary finds that such waiver 
would not be inconsistent with the overall purpose of title I of 
the Housing and Community Development Act of 1974: Provided 
further, That a waiver granted by the Secretary under the preceding 
proviso may not reduce the percentage of funds which must be 
used for activities that benefit persons of low and moderate income 
to less than 50 percent, unless the Secretary specifically finds 
that there is compelling need to further reduce or eliminate the 
percentage requirement: Provided further, That the Secretary shall 
publish in the Federal Register any waiver of any statute or regula-
tion that the Secretary administers pursuant to title I of the 
Housing and Community Development Act of 1974 no later than 
5 days before the effective date of such waiver: Provided further, 
That every waiver made by the Secretary must be reconsidered 
according to the three previous provisos on the 2-year anniversary 
of the day the Secretary published the waiver in the Federal Reg-
ister: Provided further, That the Secretary shall allocate to the 
states not less than 33 percent of the funding provided under 
this heading within 60 days after the enactment of this Act based 
on the best estimates available of relative damage and anticipated 
assistance from other Federal sources: Provided further, That prior 
to the obligation of funds each State shall submit a plan to the 
Secretary detailing the proposed use of all funds, including criteria 
for eligibility and how the use of these funds will address long- 
term recovery and restoration of infrastructure: Provided further, 
That each State will report quarterly to the Committees on Appro-
priations on all awards and uses of funds made available under 
this heading, including specifically identifying all awards of sole- 
source contracts and the rationale for making the award on a 
sole-source basis: Provided further, That the Secretary shall notify 
the Committees on Appropriations of any proposed allocation of 
Notification. 
Deadline. 
Reports. 
Contracts. 
State and local 
governments. 
Plan. 
Deadline. 
Federal Register, 
publication. 
Deadline. 
Waiver authority. 
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122 STAT. 3601 
PUBLIC LAW 110–329—SEPT. 30, 2008 
any funds and any related waivers made pursuant to the provisions 
under this heading no later than 5 days before such allocation 
or waiver is made: Provided further, That the Secretary shall estab-
lish procedures to prevent recipients from receiving any duplication 
of benefits and report quarterly to the Committees on Appropria-
tions with regard to all steps taken to prevent fraud and abuse 
of funds made available under this heading including duplication 
of benefits: Provided further, That none of the funds provided under 
this heading may be used by a State or locality as a matching 
requirement, share, or contribution for any other Federal program. 
GENERAL PROVISIONS, THIS CHAPTER 
SEC. 11001. Section 7025 of Public Law 109–234 is amended 
by inserting ‘‘and nine months’’ after ‘‘two years’’. 
SEC. 11002. The Secretary of Housing and Urban Development 
(‘‘Secretary’’) is authorized to transfer, at the request of the project 
owner, any project-based assistance contract in its entirety entered 
into pursuant to section 8 of the United States Housing Act of 
1937 (42 U.S.C. 1437f) (and any use restriction on the project) 
from one project to another project. The Secretary shall make 
a determination of approval or disapproval within 60 days of receipt 
of the proper documentation required for such transfer, as deter-
mined by the Secretary, if— 
(1) the project from which the contract is transferred is 
destroyed, damaged by Hurricanes Katrina or Rita, or is consid-
ered beyond repair, physically obsolete, or economically 
infeasible; and 
(2) the number of individuals that can be served in the 
project to which the contract is transferred is approximately 
at least equal to the number of individuals that could be served 
in the project from which the contract is transferred, and any 
difference in the unit count and bedroom configuration between 
the two projects shall be immaterial to the Secretary’s authority 
to transfer the contract. 
SEC. 11003. Section 901 of Public Law 109–148 is amended 
by deleting ‘‘calendar years 2006 and 2007’’ and inserting ‘‘calendar 
years 2006, 2007, 2008, and 2009’’. 
TITLE II—OTHER SUPPLEMENTAL APPROPRIATIONS 
CHAPTER 1—STATE AND FOREIGN OPERATIONS 
DEPARTMENT OF STATE 
OFFICE OF INSPECTOR GENERAL 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Office of Inspector General’’, 
$9,000,000, which shall be transferred to the Special Inspector 
General for Afghanistan Reconstruction for reconstruction oversight, 
to remain available until September 30, 2010. 
119 Stat. 2781; 
121 Stat. 162. 
Deadline. 
Contracts. 
120 Stat. 486. 
Procedures. 
Reports. 
Deadline. 
Fraud. 
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122 STAT. 3602 
PUBLIC LAW 110–329—SEPT. 30, 2008 
BILATERAL ECONOMIC ASSISTANCE 
OTHER BILATERAL ECONOMIC ASSISTANCE 
ECONOMIC SUPPORT FUND 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Economic Support Fund’’, 
$465,000,000, to remain available until September 30, 2010, of 
which up to $5,000,000 may be made available for administrative 
expenses of the United States Agency for International Develop-
ment, in addition to amounts otherwise made available for such 
purposes: Provided, That of the funds appropriated under this 
heading, $365,000,000 shall be made available for assistance for 
Georgia and the region for humanitarian and economic relief, 
reconstruction, energy-related programs and democracy activities, 
and may be transferred to, and merged with, funds appropriated 
under the headings ‘‘Assistance for the Independent States of the 
Former Soviet Union’’ and ‘‘International Disaster Assistance’’, of 
which up to $8,000,000 may be transferred to, and merged with, 
funds made available for ‘‘International Broadcasting Operations’’ 
for broadcasting activities to Georgia, Russia and the region: Pro-
vided further, That none of the funds made available in prior 
Acts making appropriations for foreign operations, export financing, 
and related programs under the headings ‘‘Assistance for the Inde-
pendent States of the Former Soviet Union’’ and ‘‘Assistance for 
Eastern Europe and the Baltic States’’, or funds appropriated for 
Iraq for the Community Stabilization Program under the heading 
‘‘Economic Support Fund’’ in Public Law 110-252, may be 
reprogrammed for assistance for Georgia: Provided further, That 
of the funds appropriated under this heading, not less than 
$100,000,000 shall be made available for hurricane relief and 
reconstruction assistance for Haiti and other Caribbean countries: 
Provided further, That funds appropriated under this heading shall 
be subject to prior consultation with, and the regular notification 
procedures of, the Committees on Appropriations. 
CHAPTER 2—AGRICULTURE 
BILL EMERSON HUMANITARIAN TRUST 
SEC. 20201. There is hereby appropriated to the Secretary 
of Agriculture $100,000,000, to remain available until expended, 
to carry out the Bill Emerson Humanitarian Trust, as authorized 
by the Bill Emerson Humanitarian Trust Act (7 U.S.C. 1736f– 
1). 
TITLE III—GENERAL PROVISIONS 
SHORT TITLE 
SEC. 30001. This division may be cited as the ‘‘Disaster Relief 
and Recovery Supplemental Appropriations Act, 2008’’. 
EMERGENCY DESIGNATION 
SEC. 30002. Each amount in this Act is designated as an 
emergency requirement and necessary to meet emergency needs 
Haiti. 
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122 STAT. 3603 
PUBLIC LAW 110–329—SEPT. 30, 2008 
pursuant to section 204(a) of S. Con. Res. 21 (110th Congress) 
and section 301(b)(2) of S. Con. Res. 70 (110th Congress), the 
concurrent resolutions on the budget for fiscal years 2008 and 
2009. 
COORDINATION OF PROVISIONS 
SEC. 30003. Unless otherwise expressly provided, each amount 
in this Act is a supplemental appropriation for fiscal year 2008 
or, if enacted after September 30, 2008, for fiscal year 2009. 
DIVISION C—DEPARTMENT OF DEFENSE APPROPRIATIONS 
ACT, 2009 
That the following sums are appropriated, out of any money in 
the Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2009, for military functions administered by the 
Department of Defense and for other purposes, namely: 
TITLE I 
MILITARY PERSONNEL 
MILITARY PERSONNEL, ARMY 
For pay, allowances, individual clothing, subsistence, interest 
on deposits, gratuities, permanent change of station travel 
(including all expenses thereof for organizational movements), and 
expenses of temporary duty travel between permanent duty sta-
tions, for members of the Army on active duty, (except members 
of reserve components provided for elsewhere), cadets, and aviation 
cadets; for members of the Reserve Officers’ Training Corps; and 
for payments pursuant to section 156 of Public Law 97–377, as 
amended (42 U.S.C. 402 note), and to the Department of Defense 
Military Retirement Fund, $36,382,736,000. 
MILITARY PERSONNEL, NAVY 
For pay, allowances, individual clothing, subsistence, interest 
on deposits, gratuities, permanent change of station travel 
(including all expenses thereof for organizational movements), and 
expenses of temporary duty travel between permanent duty sta-
tions, for members of the Navy on active duty (except members 
of the Reserve provided for elsewhere), midshipmen, and aviation 
cadets; for members of the Reserve Officers’ Training Corps; and 
for payments pursuant to section 156 of Public Law 97–377, as 
amended (42 U.S.C. 402 note), and to the Department of Defense 
Military Retirement Fund, $24,037,553,000. 
MILITARY PERSONNEL, MARINE CORPS 
For pay, allowances, individual clothing, subsistence, interest 
on deposits, gratuities, permanent change of station travel 
(including all expenses thereof for organizational movements), and 
expenses of temporary duty travel between permanent duty sta-
tions, for members of the Marine Corps on active duty (except 
members of the Reserve provided for elsewhere); and for payments 
pursuant to section 156 of Public Law 97–377, as amended (42 
Department of 
Defense 
Appropriations 
Act, 2009. 
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122 STAT. 3604 
PUBLIC LAW 110–329—SEPT. 30, 2008 
U.S.C. 402 note), and to the Department of Defense Military Retire-
ment Fund, $11,792,974,000. 
MILITARY PERSONNEL, AIR FORCE 
For pay, allowances, individual clothing, subsistence, interest 
on deposits, gratuities, permanent change of station travel 
(including all expenses thereof for organizational movements), and 
expenses of temporary duty travel between permanent duty sta-
tions, for members of the Air Force on active duty (except members 
of reserve components provided for elsewhere), cadets, and aviation 
cadets; for members of the Reserve Officers’ Training Corps; and 
for payments pursuant to section 156 of Public Law 97–377, as 
amended (42 U.S.C. 402 note), and to the Department of Defense 
Military Retirement Fund, $25,103,789,000. 
RESERVE PERSONNEL, ARMY 
For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Army Reserve on active 
duty under sections 10211, 10302, and 3038 of title 10, United 
States Code, or while serving on active duty under section 12301(d) 
of title 10, United States Code, in connection with performing 
duty specified in section 12310(a) of title 10, United States Code, 
or while undergoing reserve training, or while performing drills 
or equivalent duty or other duty, and expenses authorized by section 
16131 of title 10, United States Code; and for payments to the 
Department of Defense Military Retirement Fund, $3,904,296,000. 
RESERVE PERSONNEL, NAVY 
For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Navy Reserve on active 
duty under section 10211 of title 10, United States Code, or while 
serving on active duty under section 12301(d) of title 10, United 
States Code, in connection with performing duty specified in section 
12310(a) of title 10, United States Code, or while undergoing reserve 
training, or while performing drills or equivalent duty, and expenses 
authorized by section 16131 of title 10, United States Code; and 
for payments to the Department of Defense Military Retirement 
Fund, $1,855,968,000. 
RESERVE PERSONNEL, MARINE CORPS 
For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Marine Corps Reserve 
on active duty under section 10211 of title 10, United States Code, 
or while serving on active duty under section 12301(d) of title 
10, United States Code, in connection with performing duty specified 
in section 12310(a) of title 10, United States Code, or while under-
going reserve training, or while performing drills or equivalent 
duty, and for members of the Marine Corps platoon leaders class, 
and expenses authorized by section 16131 of title 10, United States 
Code; and for payments to the Department of Defense Military 
Retirement Fund, $584,910,000. 
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122 STAT. 3605 
PUBLIC LAW 110–329—SEPT. 30, 2008 
RESERVE PERSONNEL, AIR FORCE 
For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Air Force Reserve on 
active duty under sections 10211, 10305, and 8038 of title 10, 
United States Code, or while serving on active duty under section 
12301(d) of title 10, United States Code, in connection with per-
forming duty specified in section 12310(a) of title 10, United States 
Code, or while undergoing reserve training, or while performing 
drills or equivalent duty or other duty, and expenses authorized 
by section 16131 of title 10, United States Code; and for payments 
to the Department of Defense Military Retirement Fund, 
$1,423,676,000. 
NATIONAL GUARD PERSONNEL, ARMY 
For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Army National Guard 
while on duty under section 10211, 10302, or 12402 of title 10 
or section 708 of title 32, United States Code, or while serving 
on duty under section 12301(d) of title 10 or section 502(f) of 
title 32, United States Code, in connection with performing duty 
specified in section 12310(a) of title 10, United States Code, or 
while undergoing training, or while performing drills or equivalent 
duty or other duty, and expenses authorized by section 16131 of 
title 10, United States Code; and for payments to the Department 
of Defense Military Retirement Fund, $6,616,220,000. 
NATIONAL GUARD PERSONNEL, AIR FORCE 
For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Air National Guard on 
duty under section 10211, 10305, or 12402 of title 10 or section 
708 of title 32, United States Code, or while serving on duty 
under section 12301(d) of title 10 or section 502(f) of title 32, 
United States Code, in connection with performing duty specified 
in section 12310(a) of title 10, United States Code, or while under-
going training, or while performing drills or equivalent duty or 
other duty, and expenses authorized by section 16131 of title 10, 
United States Code; and for payments to the Department of Defense 
Military Retirement Fund, $2,741,768,000. 
TITLE II 
OPERATION AND MAINTENANCE 
OPERATION AND MAINTENANCE, ARMY 
(INCLUDING TRANSFER OF FUNDS) 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Army, as authorized by law; 
and not to exceed $11,478,000 can be used for emergencies and 
extraordinary expenses, to be expended on the approval or authority 
of the Secretary of the Army, and payments may be made on 
his certificate of necessity for confidential military purposes, 
$31,207,243,000: Provided, That of the funds made available under 
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122 STAT. 3606 
PUBLIC LAW 110–329—SEPT. 30, 2008 
this heading, $2,500,000 shall be available for Fort Baker, in accord-
ance with terms and conditions as provided under the heading 
‘‘Operation and Maintenance, Army’’, in Public Law 107–117. 
OPERATION AND MAINTENANCE, NAVY 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Navy and the Marine Corps, 
as authorized by law; and not to exceed $14,657,000 can be used 
for emergencies and extraordinary expenses, to be expended on 
the approval or authority of the Secretary of the Navy, and pay-
ments may be made on his certificate of necessity for confidential 
military purposes, $34,410,773,000. 
OPERATION AND MAINTENANCE, MARINE CORPS 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Marine Corps, as authorized 
by law, $5,519,232,000. 
OPERATION AND MAINTENANCE, AIR FORCE 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Air Force, as authorized by law; 
and not to exceed $7,699,000 can be used for emergencies and 
extraordinary expenses, to be expended on the approval or authority 
of the Secretary of the Air Force, and payments may be made 
on his certificate of necessity for confidential military purposes, 
$34,865,964,000. 
OPERATION AND MAINTENANCE, DEFENSE-WIDE 
(INCLUDING TRANSFER OF FUNDS) 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance of activities and agencies of the Depart-
ment of Defense (other than the military departments), as author-
ized by law, $25,939,466,000: Provided, That not more than 
$50,000,000 may be used for the Combatant Commander Initiative 
Fund authorized under section 166a of title 10, United States 
Code: Provided further, That not to exceed $36,000,000 can be 
used for emergencies and extraordinary expenses, to be expended 
on the approval or authority of the Secretary of Defense, and 
payments may be made on his certificate of necessity for confidential 
military purposes: Provided further, That of the funds provided 
under this heading, not less than $29,900,000 shall be made avail-
able for the Procurement Technical Assistance Cooperative Agree-
ment Program, of which not less than $3,600,000 shall be available 
for centers defined in 10 U.S.C. 2411(1)(D): Provided further, That 
none of the funds appropriated or otherwise made available by 
this Act may be used to plan or implement the consolidation of 
a budget or appropriations liaison office of the Office of the Sec-
retary of Defense, the office of the Secretary of a military depart-
ment, or the service headquarters of one of the Armed Forces 
into a legislative affairs or legislative liaison office: Provided further, 
That, notwithstanding section 130(a) of title 10, United States 
Code, not less than $46,970,000 shall be available for the Office 
of the Undersecretary of Defense, Comptroller and Chief Financial 
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122 STAT. 3607 
PUBLIC LAW 110–329—SEPT. 30, 2008 
Officer: Provided further, That $4,000,000, to remain available until 
expended, is available only for expenses relating to certain classified 
activities, and may be transferred as necessary by the Secretary 
to operation and maintenance appropriations or research, develop-
ment, test and evaluation appropriations, to be merged with and 
to be available for the same time period as the appropriations 
to which transferred: Provided further, That any ceiling on the 
investment item unit cost of items that may be purchased with 
operation and maintenance funds shall not apply to the funds 
described in the preceding proviso: Provided further, That the 
transfer authority provided under this heading is in addition to 
any other transfer authority provided elsewhere in this Act. 
OPERATION AND MAINTENANCE, ARMY RESERVE 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Army Reserve; repair of facilities and equip-
ment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $2,628,896,000. 
OPERATION AND MAINTENANCE, NAVY RESERVE 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Navy Reserve; repair of facilities and equip-
ment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $1,308,141,000. 
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Marine Corps Reserve; repair of facilities 
and equipment; hire of passenger motor vehicles; travel and 
transportation; care of the dead; recruiting; procurement of services, 
supplies, and equipment; and communications, $212,487,000. 
OPERATION AND MAINTENANCE, AIR FORCE RESERVE 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Air Force Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transpor-
tation; care of the dead; recruiting; procurement of services, sup-
plies, and equipment; and communications, $3,018,151,000. 
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD 
For expenses of training, organizing, and administering the 
Army National Guard, including medical and hospital treatment 
and related expenses in non-Federal hospitals; maintenance, oper-
ation, and repairs to structures and facilities; hire of passenger 
motor vehicles; personnel services in the National Guard Bureau; 
travel expenses (other than mileage), as authorized by law for 
Army personnel on active duty, for Army National Guard division, 
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122 STAT. 3608 
PUBLIC LAW 110–329—SEPT. 30, 2008 
regimental, and battalion commanders while inspecting units in 
compliance with National Guard Bureau regulations when specifi-
cally authorized by the Chief, National Guard Bureau; supplying 
and equipping the Army National Guard as authorized by law; 
and expenses of repair, modification, maintenance, and issue of 
supplies and equipment (including aircraft), $5,858,303,000. 
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD 
For expenses of training, organizing, and administering the 
Air National Guard, including medical and hospital treatment and 
related expenses in non-Federal hospitals; maintenance, operation, 
and repairs to structures and facilities; transportation of things, 
hire of passenger motor vehicles; supplying and equipping the Air 
National Guard, as authorized by law; expenses for repair, modifica-
tion, maintenance, and issue of supplies and equipment, including 
those furnished from stocks under the control of agencies of the 
Department of Defense; travel expenses (other than mileage) on 
the same basis as authorized by law for Air National Guard per-
sonnel on active Federal duty, for Air National Guard commanders 
while inspecting units in compliance with National Guard Bureau 
regulations when specifically authorized by the Chief, National 
Guard Bureau, $5,901,044,000. 
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES 
For salaries and expenses necessary for the United States 
Court of Appeals for the Armed Forces, $13,254,000, of which not 
to exceed $5,000 may be used for official representation purposes. 
ENVIRONMENTAL RESTORATION, ARMY 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Army, $457,776,000, to remain 
available until transferred: Provided, That the Secretary of the 
Army shall, upon determining that such funds are required for 
environmental restoration, reduction and recycling of hazardous 
waste, removal of unsafe buildings and debris of the Department 
of the Army, or for similar purposes, transfer the funds made 
available by this appropriation to other appropriations made avail-
able to the Department of the Army, to be merged with and to 
be available for the same purposes and for the same time period 
as the appropriations to which transferred: Provided further, That 
upon a determination that all or part of the funds transferred 
from this appropriation are not necessary for the purposes provided 
herein, such amounts may be transferred back to this appropriation: 
Provided further, That the transfer authority provided under this 
heading is in addition to any other transfer authority provided 
elsewhere in this Act. 
ENVIRONMENTAL RESTORATION, NAVY 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Navy, $290,819,000, to remain avail-
able until transferred: Provided, That the Secretary of the Navy 
shall, upon determining that such funds are required for environ-
mental restoration, reduction and recycling of hazardous waste, 
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122 STAT. 3609 
PUBLIC LAW 110–329—SEPT. 30, 2008 
removal of unsafe buildings and debris of the Department of the 
Navy, or for similar purposes, transfer the funds made available 
by this appropriation to other appropriations made available to 
the Department of the Navy, to be merged with and to be available 
for the same purposes and for the same time period as the appro-
priations to which transferred: Provided further, That upon a deter-
mination that all or part of the funds transferred from this appro-
priation are not necessary for the purposes provided herein, such 
amounts may be transferred back to this appropriation: Provided 
further, That the transfer authority provided under this heading 
is in addition to any other transfer authority provided elsewhere 
in this Act. 
ENVIRONMENTAL RESTORATION, AIR FORCE 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Air Force, $496,277,000, to remain 
available until transferred: Provided, That the Secretary of the 
Air Force shall, upon determining that such funds are required 
for environmental restoration, reduction and recycling of hazardous 
waste, removal of unsafe buildings and debris of the Department 
of the Air Force, or for similar purposes, transfer the funds made 
available by this appropriation to other appropriations made avail-
able to the Department of the Air Force, to be merged with and 
to be available for the same purposes and for the same time period 
as the appropriations to which transferred: Provided further, That 
upon a determination that all or part of the funds transferred 
from this appropriation are not necessary for the purposes provided 
herein, such amounts may be transferred back to this appropriation: 
Provided further, That the transfer authority provided under this 
heading is in addition to any other transfer authority provided 
elsewhere in this Act. 
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of Defense, $13,175,000, to remain avail-
able until transferred: Provided, That the Secretary of Defense 
shall, upon determining that such funds are required for environ-
mental restoration, reduction and recycling of hazardous waste, 
removal of unsafe buildings and debris of the Department of 
Defense, or for similar purposes, transfer the funds made available 
by this appropriation to other appropriations made available to 
the Department of Defense, to be merged with and to be available 
for the same purposes and for the same time period as the appro-
priations to which transferred: Provided further, That upon a deter-
mination that all or part of the funds transferred from this appro-
priation are not necessary for the purposes provided herein, such 
amounts may be transferred back to this appropriation: Provided 
further, That the transfer authority provided under this heading 
is in addition to any other transfer authority provided elsewhere 
in this Act. 
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122 STAT. 3610 
PUBLIC LAW 110–329—SEPT. 30, 2008 
ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Army, $291,296,000, to remain 
available until transferred: Provided, That the Secretary of the 
Army shall, upon determining that such funds are required for 
environmental restoration, reduction and recycling of hazardous 
waste, removal of unsafe buildings and debris at sites formerly 
used by the Department of Defense, transfer the funds made avail-
able by this appropriation to other appropriations made available 
to the Department of the Army, to be merged with and to be 
available for the same purposes and for the same time period 
as the appropriations to which transferred: Provided further, That 
upon a determination that all or part of the funds transferred 
from this appropriation are not necessary for the purposes provided 
herein, such amounts may be transferred back to this appropriation: 
Provided further, That the transfer authority provided under this 
heading is in addition to any other transfer authority provided 
elsewhere in this Act. 
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID 
For expenses relating to the Overseas Humanitarian, Disaster, 
and Civic Aid programs of the Department of Defense (consisting 
of the programs provided under sections 401, 402, 404, 407, 2557, 
and 2561 of title 10, United States Code), $83,273,000, to remain 
available until September 30, 2010. 
COOPERATIVE THREAT REDUCTION ACCOUNT 
For assistance to the republics of the former Soviet Union, 
including assistance provided by contract or by grants, for facili-
tating the elimination and the safe and secure transportation and 
storage of nuclear, chemical and other weapons; for establishing 
programs to prevent the proliferation of weapons, weapons compo-
nents, and weapon-related technology and expertise; for programs 
relating to the training and support of defense and military per-
sonnel for demilitarization and protection of weapons, weapons 
components and weapons technology and expertise, and for defense 
and military contacts, $434,135,000, to remain available until Sep-
tember 30, 2011: Provided, That of the amounts provided under 
this heading, $12,000,000 shall be available only to support the 
dismantling and disposal of nuclear submarines, submarine reactor 
components, and security enhancements for transport and storage 
of nuclear warheads in the Russian Far East. 
TITLE III 
PROCUREMENT 
AIRCRAFT PROCUREMENT, ARMY 
For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; special-
ized equipment and training devices; expansion of public and private 
plants, including the land necessary therefor, for the foregoing 
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122 STAT. 3611 
PUBLIC LAW 110–329—SEPT. 30, 2008 
purposes, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes, $4,900,835,000, to 
remain available for obligation until September 30, 2011. 
MISSILE PROCUREMENT, ARMY 
For construction, procurement, production, modification, and 
modernization of missiles, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; special-
ized equipment and training devices; expansion of public and private 
plants, including the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes, $2,185,060,000, to 
remain available for obligation until September 30, 2011. 
PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, 
ARMY 
For construction, procurement, production, and modification 
of weapons and tracked combat vehicles, equipment, including ord-
nance, spare parts, and accessories therefor; specialized equipment 
and training devices; expansion of public and private plants, 
including the land necessary therefor, for the foregoing purposes, 
and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes, $3,169,128,000, to 
remain available for obligation until September 30, 2011. 
PROCUREMENT OF AMMUNITION, ARMY 
For construction, procurement, production, and modification 
of ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
ammunition facilities, authorized by section 2854 of title 10, United 
States Code, and the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes, $2,287,398,000, to 
remain available for obligation until September 30, 2011. 
OTHER PROCUREMENT, ARMY 
For construction, procurement, production, and modification 
of vehicles, including tactical, support, and non-tracked combat 
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122 STAT. 3612 
PUBLIC LAW 110–329—SEPT. 30, 2008 
vehicles; the purchase of passenger motor vehicles for replacement 
only; and the purchase of 3 vehicles required for physical security 
of personnel, notwithstanding price limitations applicable to pas-
senger vehicles but not to exceed $262,000 per vehicle; communica-
tions and electronic equipment; other support equipment; spare 
parts, ordnance, and accessories therefor; specialized equipment 
and training devices; expansion of public and private plants, 
including the land necessary therefor, for the foregoing purposes, 
and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes, $10,684,014,000, 
to remain available for obligation until September 30, 2011. 
AIRCRAFT PROCUREMENT, NAVY 
For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, spare 
parts, and accessories therefor; specialized equipment; expansion 
of public and private plants, including the land necessary therefor, 
and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant and 
Government 
and 
contractor-owned 
equipment 
layaway, 
$14,141,318,000, to remain available for obligation until September 
30, 2011. 
WEAPONS PROCUREMENT, NAVY 
For construction, procurement, production, modification, and 
modernization of missiles, torpedoes, other weapons, and related 
support equipment including spare parts, and accessories therefor; 
expansion of public and private plants, including the land necessary 
therefor, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant and 
Government 
and 
contractor-owned 
equipment 
layaway, 
$3,292,972,000, to remain available for obligation until September 
30, 2011. 
PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS 
For construction, procurement, production, and modification 
of ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
ammunition facilities, authorized by section 2854 of title 10, United 
States Code, and the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes, $1,085,158,000, to 
remain available for obligation until September 30, 2011. 
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122 STAT. 3613 
PUBLIC LAW 110–329—SEPT. 30, 2008 
SHIPBUILDING AND CONVERSION, NAVY 
For expenses necessary for the construction, acquisition, or 
conversion of vessels as authorized by law, including armor and 
armament thereof, plant equipment, appliances, and machine tools 
and installation thereof in public and private plants; reserve plant 
and 
Government 
and 
contractor-owned 
equipment 
layaway; 
procurement of critical, long leadtime components and designs for 
vessels to be constructed or converted in the future; and expansion 
of public and private plants, including land necessary therefor, 
and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title, as follows: 
Carrier Replacement Program, $2,692,607,000; 
Carrier Replacement Program (AP), $1,214,188,000; 
NSSN, $2,107,040,000; 
NSSN (AP), $1,395,548,000; 
CVN Refueling, $593,534,000; 
CVN Refuelings (AP), $21,389,000; 
SSBN Submarine Refuelings, $221,823,000; 
SSBN Submarine Refuelings (AP), $39,363,000; 
DDG–1000 Program, $1,508,803,000; 
DDG–51 Destroyer (AP), $200,000,000; 
Littoral Combat Ship, $1,020,000,000; 
LPD–17, $933,216,000; 
LHA–R (AP), $178,300,000; 
Intratheater Connector, $174,782,000; 
LCAC Service Life Extension Program, $110,918,000; 
Prior year shipbuilding costs, $165,152,000; 
Service Craft, $48,117,000; and 
For outfitting, post delivery, conversions, and first destina-
tion transportation, $429,587,000. 
In all: $13,054,367,000, to remain available for obligation until 
September 30, 2013: Provided, That additional obligations may 
be incurred after September 30, 2013, for engineering services, 
tests, evaluations, and other such budgeted work that must be 
performed in the final stage of ship construction: Provided further, 
That none of the funds provided under this heading for the construc-
tion or conversion of any naval vessel to be constructed in shipyards 
in the United States shall be expended in foreign facilities for 
the construction of major components of such vessel: Provided fur-
ther, That none of the funds provided under this heading shall 
be used for the construction of any naval vessel in foreign shipyards. 
OTHER PROCUREMENT, NAVY 
For procurement, production, and modernization of support 
equipment and materials not otherwise provided for, Navy ordnance 
(except ordnance for new aircraft, new ships, and ships authorized 
for conversion); the purchase of passenger motor vehicles for 
replacement only, and the purchase of seven vehicles required for 
physical security of personnel, notwithstanding price limitations 
applicable to passenger vehicles but not to exceed $262,000 per 
vehicle; expansion of public and private plants, including the land 
necessary therefor, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval 
of title; and procurement and installation of equipment, appliances, 
and machine tools in public and private plants; reserve plant and 
Government 
and 
contractor-owned 
equipment 
layaway, 
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122 STAT. 3614 
PUBLIC LAW 110–329—SEPT. 30, 2008 
$5,250,627,000, to remain available for obligation until September 
30, 2011. 
PROCUREMENT, MARINE CORPS 
For expenses necessary for the procurement, manufacture, and 
modification of missiles, armament, military equipment, spare 
parts, and accessories therefor; plant equipment, appliances, and 
machine tools, and installation thereof in public and private plants; 
reserve plant and Government and contractor-owned equipment 
layaway; vehicles for the Marine Corps, including the purchase 
of passenger motor vehicles for replacement only; and expansion 
of public and private plants, including land necessary therefor, 
and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title, 
$1,376,917,000, to remain available for obligation until September 
30, 2011. 
AIRCRAFT PROCUREMENT, AIR FORCE 
For construction, procurement, and modification of aircraft and 
equipment, including armor and armament, specialized ground han-
dling equipment, and training devices, spare parts, and accessories 
therefor; specialized equipment; expansion of public and private 
plants, Government-owned equipment and installation thereof in 
such plants, erection of structures, and acquisition of land, for 
the foregoing purposes, and such lands and interests therein, may 
be acquired, and construction prosecuted thereon prior to approval 
of title; reserve plant and Government and contractor-owned equip-
ment layaway; and other expenses necessary for the foregoing pur-
poses including rents and transportation of things, $13,112,617,000, 
to remain available for obligation until September 30, 2011. 
MISSILE PROCUREMENT, AIR FORCE 
For construction, procurement, and modification of missiles, 
spacecraft, rockets, and related equipment, including spare parts 
and accessories therefor, ground handling equipment, and training 
devices; expansion of public and private plants, Government-owned 
equipment and installation thereof in such plants, erection of struc-
tures, and acquisition of land, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; reserve plant and 
Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes including rents and 
transportation of things, $5,442,428,000, to remain available for 
obligation until September 30, 2011. 
PROCUREMENT OF AMMUNITION, AIR FORCE 
For construction, procurement, production, and modification 
of ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
ammunition facilities, authorized by section 2854 of title 10, United 
States Code, and the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and 
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122 STAT. 3615 
PUBLIC LAW 110–329—SEPT. 30, 2008 
machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes, $859,466,000, to 
remain available for obligation until September 30, 2011. 
OTHER PROCUREMENT, AIR FORCE 
For procurement and modification of equipment (including 
ground guidance and electronic control equipment, and ground elec-
tronic and communication equipment), and supplies, materials, and 
spare parts therefor, not otherwise provided for; the purchase of 
passenger motor vehicles for replacement only, and the purchase 
of two vehicles required for physical security of personnel, notwith-
standing price limitations applicable to passenger vehicles but not 
to exceed $262,000 per vehicle; lease of passenger motor vehicles; 
and expansion of public and private plants, Government-owned 
equipment and installation thereof in such plants, erection of struc-
tures, and acquisition of land, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon, prior to approval of title; reserve plant and 
Government 
and 
contractor-owned 
equipment 
layaway, 
$16,052,569,000, to remain available for obligation until September 
30, 2011. 
PROCUREMENT, DEFENSE-WIDE 
For expenses of activities and agencies of the Department of 
Defense (other than the military departments) necessary for 
procurement, production, and modification of equipment, supplies, 
materials, and spare parts therefor, not otherwise provided for; 
the purchase of passenger motor vehicles for replacement only; 
expansion of public and private plants, equipment, and installation 
thereof in such plants, erection of structures, and acquisition of 
land for the foregoing purposes, and such lands and interests 
therein, may be acquired, and construction prosecuted thereon prior 
to approval of title; reserve plant and Government and contractor- 
owned equipment layaway, $3,306,269,000, to remain available for 
obligation until September 30, 2011. 
NATIONAL GUARD AND RESERVE EQUIPMENT 
For procurement of aircraft, missiles, tracked combat vehicles, 
ammunition, other weapons, and other procurement for the reserve 
components of the Armed Forces, $750,000,000, to remain available 
for obligation until September 30, 2011, of which $480,000,000 
shall be available only for the Army National Guard: Provided, 
That the Chiefs of the Reserve and National Guard components 
shall, not later than 30 days after the enactment of this Act, 
individually submit to the congressional defense committees the 
modernization priority assessment for their respective Reserve or 
National Guard component. 
DEFENSE PRODUCTION ACT PURCHASES 
For activities by the Department of Defense pursuant to sec-
tions 108, 301, 302, and 303 of the Defense Production Act of 
1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093), $100,565,000, 
to remain available until expended. 
Deadline. 
Assessment. 
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122 STAT. 3616 
PUBLIC LAW 110–329—SEPT. 30, 2008 
TITLE IV 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY 
For expenses necessary for basic and applied scientific research, 
development, 
test 
and 
evaluation, 
including 
maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$12,060,111,000, to remain available for obligation until September 
30, 2010. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY 
For expenses necessary for basic and applied scientific research, 
development, 
test 
and 
evaluation, 
including 
maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$19,764,276,000, to remain available for obligation until September 
30, 2010: Provided, That funds appropriated in this paragraph 
which are available for the V–22 may be used to meet unique 
operational requirements of the Special Operations Forces: Provided 
further, That funds appropriated in this paragraph shall be avail-
able for the Cobra Judy program. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE 
For expenses necessary for basic and applied scientific research, 
development, 
test 
and 
evaluation, 
including 
maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$27,084,340,000, to remain available for obligation until September 
30, 2010. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE 
For expenses of activities and agencies of the Department of 
Defense (other than the military departments), necessary for basic 
and applied scientific research, development, test and evaluation; 
advanced research projects as may be designated and determined 
by the Secretary of Defense, pursuant to law; maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$21,423,338,000, to remain available for obligation until September 
30, 2010: Provided, That of the amount available under this heading 
for the Prompt Global Strike Capability Development program, 
not less than one-fourth shall be available for the Army Advanced 
Hypersonic Weapon initiative. 
OPERATIONAL TEST AND EVALUATION, DEFENSE 
For expenses, not otherwise provided for, necessary for the 
independent activities of the Director, Operational Test and Evalua-
tion, in the direction and supervision of operational test and evalua-
tion, including initial operational test and evaluation which is con-
ducted prior to, and in support of, production decisions; joint oper-
ational testing and evaluation; and administrative expenses in 
connection therewith, $188,772,000, to remain available for obliga-
tion until September 30, 2010. 
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122 STAT. 3617 
PUBLIC LAW 110–329—SEPT. 30, 2008 
TITLE V 
REVOLVING AND MANAGEMENT FUNDS 
DEFENSE WORKING CAPITAL FUNDS 
For the Defense Working Capital Funds, $1,489,234,000. 
NATIONAL DEFENSE SEALIFT FUND 
For National Defense Sealift Fund programs, projects, and 
activities, and for expenses of the National Defense Reserve Fleet, 
as established by section 11 of the Merchant Ship Sales Act of 
1946 (50 U.S.C. App. 1744), and for the necessary expenses to 
maintain and preserve a U.S.-flag merchant fleet to serve the 
national security needs of the United States, $1,666,572,000, to 
remain available until expended: Provided, That none of the funds 
provided in this paragraph shall be used to award a new contract 
that provides for the acquisition of any of the following major 
components unless such components are manufactured in the 
United States: auxiliary equipment, including pumps, for all ship-
board services; propulsion system components (that is; engines, 
reduction gears, and propellers); shipboard cranes; and spreaders 
for shipboard cranes: Provided further, That the exercise of an 
option in a contract awarded through the obligation of previously 
appropriated funds shall not be considered to be the award of 
a new contract: Provided further, That the Secretary of the military 
department responsible for such procurement may waive the restric-
tions in the first proviso on a case-by-case basis by certifying in 
writing to the Committees on Appropriations of the House of Rep-
resentatives and the Senate that adequate domestic supplies are 
not available to meet Department of Defense requirements on a 
timely basis and that such an acquisition must be made in order 
to acquire capability for national security purposes. 
TITLE VI 
OTHER DEPARTMENT OF DEFENSE PROGRAMS 
DEFENSE HEALTH PROGRAM 
(INCLUDING TRANSFER OF FUNDS) 
For expenses, not otherwise provided for, for medical and health 
care programs of the Department of Defense as authorized by 
law, $25,825,832,000, of which $1,300,000,000 shall be derived by 
transfer from the National Defense Stockpile Transaction Fund; 
of which $24,611,369,000 shall be for operation and maintenance, 
of which not to exceed one percent shall remain available until 
September 30, 2010, and of which up to $13,217,751,000 may be 
available for contracts entered into under the TRICARE program; 
of which $311,905,000, to remain available for obligation until Sep-
tember 30, 2011, shall be for procurement; and of which 
$902,558,000, to remain available for obligation until September 
30, 2010, shall be for research, development, test and evaluation: 
Provided, That, notwithstanding any other provision of law, of 
the amount made available under this heading for research, 
development, test and evaluation, not less than $8,000,000 shall 
Waiver authority. 
Certification. 
Contracts. 
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122 STAT. 3618 
PUBLIC LAW 110–329—SEPT. 30, 2008 
be available for HIV prevention educational activities undertaken 
in connection with U.S. military training, exercises, and humani-
tarian assistance activities conducted primarily in African nations. 
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE 
For expenses, not otherwise provided for, necessary for the 
destruction of the United States stockpile of lethal chemical agents 
and munitions, to include construction of facilities, in accordance 
with the provisions of section 1412 of the Department of Defense 
Authorization Act, 1986 (50 U.S.C. 1521), and for the destruction 
of other chemical warfare materials that are not in the chemical 
weapon stockpile, $1,505,634,000, of which $1,152,668,000 shall 
be for operation and maintenance, of which no less than 
$103,198,000, shall be for the Chemical Stockpile Emergency 
Preparedness Program, consisting of $33,411,000 for activities on 
military installations and $69,787,000, to remain available until 
September 30, 2010, to assist State and local governments; 
$64,085,000 shall be for procurement, to remain available until 
September 30, 2011, of which no less than $26,428,000 shall be 
for the Chemical Stockpile Emergency Preparedness Program to 
assist State and local governments; and $288,881,000, to remain 
available until September 30, 2010, shall be for research, develop-
ment, test and evaluation, of which $283,219,000 shall only be 
for the Assembled Chemical Weapons Alternatives (ACWA) pro-
gram. 
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE 
(INCLUDING TRANSFER OF FUNDS) 
For drug interdiction and counter-drug activities of the Depart-
ment of Defense, for transfer to appropriations available to the 
Department of Defense for military personnel of the reserve compo-
nents serving under the provisions of title 10 and title 32, United 
States Code; for operation and maintenance; for procurement; and 
for research, development, test and evaluation, $1,096,743,000: Pro-
vided, That the funds appropriated under this heading shall be 
available for obligation for the same time period and for the same 
purpose as the appropriation to which transferred: Provided further, 
That upon a determination that all or part of the funds transferred 
from this appropriation are not necessary for the purposes provided 
herein, such amounts may be transferred back to this appropriation: 
Provided further, That the transfer authority provided under this 
heading is in addition to any other transfer authority contained 
elsewhere in this Act. 
OFFICE OF THE INSPECTOR GENERAL 
For expenses and activities of the Office of the Inspector Gen-
eral in carrying out the provisions of the Inspector General Act 
of 1978, as amended, $271,845,000, of which $270,445,000 shall 
be for operation and maintenance, of which not to exceed $700,000 
is available for emergencies and extraordinary expenses to be 
expended on the approval or authority of the Inspector General, 
and payments may be made on the Inspector General’s certificate 
of necessity for confidential military purposes; and of which 
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122 STAT. 3619 
PUBLIC LAW 110–329—SEPT. 30, 2008 
$1,400,000, to remain available until September 30, 2011, shall 
be for procurement. 
TITLE VII 
RELATED AGENCIES 
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY 
SYSTEM FUND 
For payment to the Central Intelligence Agency Retirement 
and Disability System Fund, to maintain the proper funding level 
for continuing the operation of the Central Intelligence Agency 
Retirement and Disability System, $279,200,000. 
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of the Intelligence Community Manage-
ment Account, $710,042,000: Provided, That of the funds appro-
priated under this heading, $44,000,000 shall be transferred to 
the Department of Justice, of which $2,000,000 shall be for 
reimbursement of Air Force personnel for the National Drug Intel-
ligence Center to support the Department of Defense’s counter- 
drug intelligence responsibilities: Provided further, That the 
National Drug Intelligence Center shall maintain the personnel 
and technical resources to provide timely support to law enforce-
ment authorities and the intelligence community by conducting 
document and computer exploitation of materials collected in Fed-
eral, State, and local law enforcement activity associated with 
counter-drug, counter-terrorism, and national security investiga-
tions and operations. 
TITLE VIII 
GENERAL PROVISIONS 
SEC. 8001. No part of any appropriation contained in this 
Act shall be used for publicity or propaganda purposes not author-
ized by the Congress. 
SEC. 8002. During the current fiscal year, provisions of law 
prohibiting the payment of compensation to, or employment of, 
any person not a citizen of the United States shall not apply 
to personnel of the Department of Defense: Provided, That salary 
increases granted to direct and indirect hire foreign national 
employees of the Department of Defense funded by this Act shall 
not be at a rate in excess of the percentage increase authorized 
by law for civilian employees of the Department of Defense whose 
pay is computed under the provisions of section 5332 of title 5, 
United States Code, or at a rate in excess of the percentage increase 
provided by the appropriate host nation to its own employees, 
whichever is higher: Provided further, That this section shall not 
apply to Department of Defense foreign service national employees 
serving at United States diplomatic missions whose pay is set 
by the Department of State under the Foreign Service Act of 1980: 
Provided further, That the limitations of this provision shall not 
Wages. 
10 USC 1584 
note. 
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122 STAT. 3620 
PUBLIC LAW 110–329—SEPT. 30, 2008 
apply to foreign national employees of the Department of Defense 
in the Republic of Turkey. 
SEC. 8003. No part of any appropriation contained in this 
Act shall remain available for obligation beyond the current fiscal 
year, unless expressly so provided herein. 
SEC. 8004. No more than 20 percent of the appropriations 
in this Act which are limited for obligation during the current 
fiscal year shall be obligated during the last 2 months of the 
fiscal year: Provided, That this section shall not apply to obligations 
for support of active duty training of reserve components or summer 
camp training of the Reserve Officers’ Training Corps. 
(TRANSFER OF FUNDS) 
SEC. 8005. Upon determination by the Secretary of Defense 
that such action is necessary in the national interest, he may, 
with the approval of the Office of Management and Budget, transfer 
not to exceed $4,100,000,000 of working capital funds of the Depart-
ment of Defense or funds made available in this Act to the Depart-
ment of Defense for military functions (except military construction) 
between such appropriations or funds or any subdivision thereof, 
to be merged with and to be available for the same purposes, 
and for the same time period, as the appropriation or fund to 
which transferred: Provided, That such authority to transfer may 
not be used unless for higher priority items, based on unforeseen 
military requirements, than those for which originally appropriated 
and in no case where the item for which funds are requested 
has been denied by the Congress: Provided further, That the Sec-
retary of Defense shall notify the Congress promptly of all transfers 
made pursuant to this authority or any other authority in this 
Act: Provided further, That no part of the funds in this Act shall 
be available to prepare or present a request to the Committees 
on Appropriations for reprogramming of funds, unless for higher 
priority items, based on unforeseen military requirements, than 
those for which originally appropriated and in no case where the 
item for which reprogramming is requested has been denied by 
the Congress: Provided further, That a request for multiple 
reprogrammings of funds using authority provided in this section 
must be made prior to June 30, 2009: Provided further, That trans-
fers among military personnel appropriations shall not be taken 
into account for purposes of the limitation on the amount of funds 
that may be transferred under this section: Provided further, That 
no obligation of funds may be made pursuant to section 1206 
of Public Law 109–163 (or any successor provision) unless the 
Secretary of Defense has notified the congressional defense commit-
tees prior to any such obligation. 
SEC. 8006. (a) With regard to the list of specific programs, 
projects, and activities (and the dollar amounts and adjustments 
to budget activities corresponding to such programs, projects, and 
activities) contained in the tables titled ‘‘Explanation of Project 
Level Adjustments’’ in the explanatory statement described in sec-
tion 4 (in the matter preceding division A of this consolidated 
Act), the obligation and expenditure of amounts appropriated or 
otherwise made available in this Act for those programs, projects, 
and activities for which the amounts appropriated exceed the 
amounts requested are hereby required by law to be carried out 
in the manner provided by such tables to the same extent as 
if the tables were included in the text of this Act. 
Notification. 
Deadline. 
Notification. 
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122 STAT. 3621 
PUBLIC LAW 110–329—SEPT. 30, 2008 
(b) Amounts specified in the referenced tables described in 
subsection (a) shall not be treated as subdivisions of appropriations 
for purposes of section 8005 of this Act: Provided, That section 
8005 shall apply when transfers of the amounts described in sub-
section (a) occur between appropriation accounts. 
SEC. 8007. (a) Not later than 60 days after enactment of this 
Act, the Department of Defense shall submit a report to the congres-
sional defense committees to establish the baseline for application 
of reprogramming and transfer authorities for fiscal year 2009: 
Provided, That the report shall include— 
(1) a table for each appropriation with a separate column 
to display the President’s budget request, adjustments made 
by Congress, adjustments due to enacted rescissions, if appro-
priate, and the fiscal year enacted level; 
(2) a delineation in the table for each appropriation both 
by budget activity and program, project, and activity as detailed 
in the Budget Appendix; and 
(3) an identification of items of special congressional 
interest. 
(b) Notwithstanding section 8005 of this Act, none of the funds 
provided in this Act shall be available for reprogramming or transfer 
until the report identified in subsection (a) is submitted to the 
congressional defense committees, unless the Secretary of Defense 
certifies in writing to the congressional defense committees that 
such reprogramming or transfer is necessary as an emergency 
requirement. 
SEC. 8008. The Secretaries of the Air Force and the Army 
are authorized, using funds available under the headings ‘‘Operation 
and Maintenance, Air Force’’ and ‘‘Operation and Maintenance, 
Army’’, to complete facility conversions and phased repair projects 
which may include upgrades and additions to Alaskan range infra-
structure and training areas, and improved access to these ranges. 
(TRANSFER OF FUNDS) 
SEC. 8009. During the current fiscal year, cash balances in 
working capital funds of the Department of Defense established 
pursuant to section 2208 of title 10, United States Code, may 
be maintained in only such amounts as are necessary at any time 
for cash disbursements to be made from such funds: Provided, 
That transfers may be made between such funds: Provided further, 
That transfers may be made between working capital funds and 
the ‘‘Foreign Currency Fluctuations, Defense’’ appropriation and 
the ‘‘Operation and Maintenance’’ appropriation accounts in such 
amounts as may be determined by the Secretary of Defense, with 
the approval of the Office of Management and Budget, except that 
such transfers may not be made unless the Secretary of Defense 
has notified the Congress of the proposed transfer. Except in 
amounts equal to the amounts appropriated to working capital 
funds in this Act, no obligations may be made against a working 
capital fund to procure or increase the value of war reserve material 
inventory, unless the Secretary of Defense has notified the Congress 
prior to any such obligation. 
SEC. 8010. Funds appropriated by this Act may not be used 
to initiate a special access program without prior notification 30 
calendar days in advance to the congressional defense committees. 
SEC. 8011. None of the funds provided in this Act shall be 
available to initiate: (1) a multiyear contract that employs economic 
Contracts. 
Notification. 
Deadline. 
10 USC 2306b 
note. 
Notification. 
Deadline. 
Notification. 
Notification. 
Certification. 
Deadline. 
Reports. 
Applicability. 
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122 STAT. 3622 
PUBLIC LAW 110–329—SEPT. 30, 2008 
order quantity procurement in excess of $20,000,000 in any one 
year of the contract or that includes an unfunded contingent liability 
in excess of $20,000,000; or (2) a contract for advance procurement 
leading to a multiyear contract that employs economic order 
quantity procurement in excess of $20,000,000 in any one year, 
unless the congressional defense committees have been notified 
at least 30 days in advance of the proposed contract award: Pro-
vided, That no part of any appropriation contained in this Act 
shall be available to initiate a multiyear contract for which the 
economic order quantity advance procurement is not funded at 
least to the limits of the Government’s liability: Provided further, 
That no part of any appropriation contained in this Act shall 
be available to initiate multiyear procurement contracts for any 
systems or component thereof if the value of the multiyear contract 
would exceed $500,000,000 unless specifically provided in this Act: 
Provided further, That no multiyear procurement contract can be 
terminated without 10-day prior notification to the congressional 
defense committees: Provided further, That the execution of 
multiyear authority shall require the use of a present value analysis 
to determine lowest cost compared to an annual procurement: Pro-
vided further, That none of the funds provided in this Act may 
be used for a multiyear contract executed after the date of the 
enactment of 
(1) the Secretary of Defense has submitted to Congress 
a budget request for full funding of units to be procured through 
the contract and, in the case of a contract for procurement 
of aircraft, that includes, for any aircraft unit to be procured 
through the contract for which procurement funds are requested 
in that budget request for production beyond advance procure-
ment activities in the fiscal year covered by the budget, full 
funding of procurement of such unit in that fiscal year; 
(2) cancellation provisions in the contract do not include 
consideration of recurring manufacturing costs of the contractor 
associated with the production of unfunded units to be delivered 
under the contract; 
(3) the contract provides that payments to the contractor 
under the contract shall not be made in advance of incurred 
costs on funded units; and 
(4) the contract does not provide for a price adjustment 
based on a failure to award a follow-on contract. 
Funds appropriated in title III of this Act may be used for 
a multiyear procurement contract as follows: 
SSN Virginia class submarine. 
SEC. 8012. Within the funds appropriated for the operation 
and maintenance of the Armed Forces, funds are hereby appro-
priated pursuant to section 401 of title 10, United States Code, 
for humanitarian and civic assistance costs under chapter 20 of 
title 10, United States Code. Such funds may also be obligated 
for humanitarian and civic assistance costs incidental to authorized 
operations and pursuant to authority granted in section 401 of 
chapter 20 of title 10, United States Code, and these obligations 
shall be reported as required by section 401(d) of title 10, United 
States Code: Provided, That funds available for operation and 
maintenance shall be available for providing humanitarian and 
similar assistance by using Civic Action Teams in the Trust Terri-
tories of the Pacific Islands and freely associated states of Micro-
nesia, pursuant to the Compact of Free Association as authorized 
Humanitarian 
assistance. 
Territories. 
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122 STAT. 3623 
PUBLIC LAW 110–329—SEPT. 30, 2008 
by Public Law 99–239: Provided further, That upon a determination 
by the Secretary of the Army that such action is beneficial for 
graduate medical education programs conducted at Army medical 
facilities located in Hawaii, the Secretary of the Army may authorize 
the provision of medical services at such facilities and transpor-
tation to such facilities, on a nonreimbursable basis, for civilian 
patients from American Samoa, the Commonwealth of the Northern 
Mariana Islands, the Marshall Islands, the Federated States of 
Micronesia, Palau, and Guam. 
SEC. 8013. (a) During fiscal year 2009, the civilian personnel 
of the Department of Defense may not be managed on the basis 
of any end-strength, and the management of such personnel during 
that fiscal year shall not be subject to any constraint or limitation 
(known as an end-strength) on the number of such personnel who 
may be employed on the last day of such fiscal year. 
(b) The fiscal year 2010 budget request for the Department 
of Defense as well as all justification material and other documenta-
tion supporting the fiscal year 2010 Department of Defense budget 
request shall be prepared and submitted to the Congress as if 
subsections (a) and (b) of this provision were effective with regard 
to fiscal year 2010. 
(c) Nothing in this section shall be construed to apply to military 
(civilian) technicians. 
SEC. 8014. None of the funds made available by this Act shall 
be used in any way, directly or indirectly, to influence congressional 
action on any legislation or appropriation matters pending before 
the Congress. 
SEC. 8015. None of the funds appropriated by this Act shall 
be available for the basic pay and allowances of any member of 
the Army participating as a full-time student and receiving benefits 
paid by the Secretary of Veterans Affairs from the Department 
of Defense Education Benefits Fund when time spent as a full- 
time student is credited toward completion of a service commitment: 
Provided, That this section shall not apply to those members who 
have reenlisted with this option prior to October 1, 1987: Provided 
further, That this section applies only to active components of 
the Army. 
SEC. 8016. (a) None of the funds appropriated by this Act 
shall be available to convert to contractor performance an activity 
or function of the Department of Defense that, on or after the 
date of the enactment of this Act, is performed by more than 
10 Department of Defense civilian employees unless— 
(1) the conversion is based on the result of a public-private 
competition that includes a most efficient and cost effective 
organization plan developed by such activity or function; 
(2) the Competitive Sourcing Official determines that, over 
all performance periods stated in the solicitation of offers for 
performance of the activity or function, the cost of performance 
of the activity or function by a contractor would be less costly 
to the Department of Defense by an amount that equals or 
exceeds the lesser of— 
(A) 10 percent of the most efficient organization’s per-
sonnel-related costs for performance of that activity or func-
tion by Federal employees; or 
(B) $10,000,000; and 
Contracts. 
Outsourcing. 
Applicability. 
Lobbying. 
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122 STAT. 3624 
PUBLIC LAW 110–329—SEPT. 30, 2008 
(3) the contractor does not receive an advantage for a 
proposal that would reduce costs for the Department of Defense 
by— 
(A) not making an employer-sponsored health insur-
ance plan available to the workers who are to be employed 
in the performance of that activity or function under the 
contract; or 
(B) offering to such workers an employer-sponsored 
health benefits plan that requires the employer to con-
tribute less towards the premium or subscription share 
than the amount that is paid by the Department of Defense 
for health benefits for civilian employees under chapter 
89 of title 5, United States Code. 
(b)(1) The Department of Defense, without regard to subsection 
(a) of this section or subsection (a), (b), or (c) of section 2461 
of title 10, United States Code, and notwithstanding any adminis-
trative regulation, requirement, or policy to the contrary shall have 
full authority to enter into a contract for the performance of any 
commercial or industrial type function of the Department of Defense 
that— 
(A) is included on the procurement list established pursuant 
to section 2 of the Javits-Wagner-O’Day Act (41 U.S.C. 47); 
(B) is planned to be converted to performance by a qualified 
nonprofit agency for the blind or by a qualified nonprofit agency 
for other severely handicapped individuals in accordance with 
that Act; or 
(C) is planned to be converted to performance by a qualified 
firm under at least 51 percent ownership by an Indian tribe, 
as defined in section 4(e) of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 450b(e)), or a Native 
Hawaiian Organization, as defined in section 8(a)(15) of the 
Small Business Act (15 U.S.C. 637(a)(15)). 
(2) This section shall not apply to depot contracts or contracts 
for depot maintenance as provided in sections 2469 and 2474 of 
title 10, United States Code. 
(c) The conversion of any activity or function of the Department 
of Defense under the authority provided by this section shall be 
credited toward any competitive or outsourcing goal, target, or 
measurement that may be established by statute, regulation, or 
policy and is deemed to be awarded under the authority of, and 
in compliance with, subsection (h) of section 2304 of title 10, United 
States Code, for the competition or outsourcing of commercial activi-
ties. 
(TRANSFER OF FUNDS) 
SEC. 8017. Funds appropriated in title III of this Act for the 
Department of Defense Pilot Mentor-Protege Program may be trans-
ferred to any other appropriation contained in this Act solely for 
the purpose of implementing a Mentor-Protege Program develop-
mental assistance agreement pursuant to section 831 of the 
National Defense Authorization Act for Fiscal Year 1991 (Public 
Law 101–510; 10 U.S.C. 2302 note), as amended, under the 
authority of this provision or any other transfer authority contained 
in this Act. 
SEC. 8018. None of the funds in this Act may be available 
for the purchase by the Department of Defense (and its departments 
and agencies) of welded shipboard anchor and mooring chain 4 
Vessels. 
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122 STAT. 3625 
PUBLIC LAW 110–329—SEPT. 30, 2008 
inches in diameter and under unless the anchor and mooring chain 
are manufactured in the United States from components which 
are substantially manufactured in the United States: Provided, 
That for the purpose of this section manufactured will include 
cutting, heat treating, quality control, testing of chain and welding 
(including the forging and shot blasting process): Provided further, 
That for the purpose of this section substantially all of the compo-
nents of anchor and mooring chain shall be considered to be pro-
duced or manufactured in the United States if the aggregate cost 
of the components produced or manufactured in the United States 
exceeds the aggregate cost of the components produced or manufac-
tured outside the United States: Provided further, That when ade-
quate domestic supplies are not available to meet Department of 
Defense requirements on a timely basis, the Secretary of the service 
responsible for the procurement may waive this restriction on a 
case-by-case basis by certifying in writing to the Committees on 
Appropriations that such an acquisition must be made in order 
to acquire capability for national security purposes. 
SEC. 8019. None of the funds available to the Department 
of Defense may be used to demilitarize or dispose of M–1 Carbines, 
M–1 Garand rifles, M–14 rifles, .22 caliber rifles, .30 caliber rifles, 
or M–1911 pistols. 
SEC. 8020. No more than $500,000 of the funds appropriated 
or made available in this Act shall be used during a single fiscal 
year for any single relocation of an organization, unit, activity 
or function of the Department of Defense into or within the National 
Capital Region: Provided, That the Secretary of Defense may waive 
this restriction on a case-by-case basis by certifying in writing 
to the congressional defense committees that such a relocation 
is required in the best interest of the Government. 
SEC. 8021. In addition to the funds provided elsewhere in 
this Act, $15,000,000 is appropriated only for incentive payments 
authorized by section 504 of the Indian Financing Act of 1974 
(25 U.S.C. 1544): Provided, That a prime contractor or a subcon-
tractor at any tier that makes a subcontract award to any subcon-
tractor or supplier as defined in section 1544 of title 25, United 
States Code, or a small business owned and controlled by an indi-
vidual or individuals defined under section 4221(9) of title 25, 
United States Code, shall be considered a contractor for the pur-
poses of being allowed additional compensation under section 504 
of the Indian Financing Act of 1974 (25 U.S.C. 1544) whenever 
the prime contract or subcontract amount is over $500,000 and 
involves the expenditure of funds appropriated by an Act making 
Appropriations for the Department of Defense with respect to any 
fiscal year: Provided further, That notwithstanding section 430 of 
title 41, United States Code, this section shall be applicable to 
any Department of Defense acquisition of supplies or services, 
including any contract and any subcontract at any tier for acquisi-
tion of commercial items produced or manufactured, in whole or 
in part by any subcontractor or supplier defined in section 1544 
of title 25, United States Code, or a small business owned and 
controlled by an individual or individuals defined under section 
4221(9) of title 25, United States Code. 
SEC. 8022. Funds appropriated by this Act for the Defense 
Media Activity shall not be used for any national or international 
political or psychological activities. 
Applicability. 
Contracts. 
Waiver authority. 
Certification. 
Ammunition. 
Waiver authority. 
Certification. 
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122 STAT. 3626 
PUBLIC LAW 110–329—SEPT. 30, 2008 
SEC. 8023. None of the funds appropriated by this Act shall 
be available to perform any cost study pursuant to the provisions 
of OMB Circular A–76 if the study being performed exceeds a 
period of 24 months after initiation of such study with respect 
to a single function activity or 30 months after initiation of such 
study for a multi-function activity. 
SEC. 8024. During the current fiscal year, the Department 
of Defense is authorized to incur obligations of not to exceed 
$350,000,000 for purposes specified in section 2350j(c) of title 10, 
United States Code, in anticipation of receipt of contributions, only 
from the Government of Kuwait, under that section: Provided, 
That upon receipt, such contributions from the Government of 
Kuwait shall be credited to the appropriations or fund which 
incurred such obligations. 
SEC. 8025. (a) Of the funds made available in this Act, not 
less than $34,929,000 shall be available for the Civil Air Patrol 
Corporation, of which— 
(1) $26,605,000 shall be available from ‘‘Operation and 
Maintenance, Air Force’’ to support Civil Air Patrol Corporation 
operation and maintenance, readiness, counterdrug activities, 
and drug demand reduction activities involving youth programs; 
(2) $7,435,000 shall be available from ‘‘Aircraft Procure-
ment, Air Force’’; and 
(3) $889,000 shall be available from ‘‘Other Procurement, 
Air Force’’ for vehicle procurement. 
(b) The Secretary of the Air Force should waive reimbursement 
for any funds used by the Civil Air Patrol for counter-drug activities 
in support of Federal, State, and local government agencies. 
SEC. 8026. (a) None of the funds appropriated in this Act 
are available to establish a new Department of Defense (depart-
ment) federally funded research and development center (FFRDC), 
either as a new entity, or as a separate entity administrated by 
an organization managing another FFRDC, or as a nonprofit mem-
bership corporation consisting of a consortium of other FFRDCs 
and other non-profit entities. 
(b) No member of a Board of Directors, Trustees, Overseers, 
Advisory Group, Special Issues Panel, Visiting Committee, or any 
similar entity of a defense FFRDC, and no paid consultant to 
any defense FFRDC, except when acting in a technical advisory 
capacity, may be compensated for his or her services as a member 
of such entity, or as a paid consultant by more than one FFRDC 
in a fiscal year: Provided, That a member of any such entity 
referred to previously in this subsection shall be allowed travel 
expenses and per diem as authorized under the Federal Joint Travel 
Regulations, when engaged in the performance of membership 
duties. 
(c) Notwithstanding any other provision of law, none of the 
funds available to the department from any source during fiscal 
year 2009 may be used by a defense FFRDC, through a fee or 
other payment mechanism, for construction of new buildings, for 
payment of cost sharing for projects funded by Government grants, 
for absorption of contract overruns, or for certain charitable con-
tributions, not to include employee participation in community 
service and/or development. 
(d) Notwithstanding any other provision of law, of the funds 
available to the department during fiscal year 2009, not more 
than 5,600 staff years of technical effort (staff years) may be funded 
Kuwait. 
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122 STAT. 3627 
PUBLIC LAW 110–329—SEPT. 30, 2008 
for defense FFRDCs: Provided, That of the specific amount referred 
to previously in this subsection, not more than 1,100 staff years 
may be funded for the defense studies and analysis FFRDCs: Pro-
vided further, That this subsection shall not apply to staff years 
funded in the National Intelligence Program (NIP) and the Military 
Intelligence Program (MIP). 
(e) The Secretary of Defense shall, with the submission of 
the department’s fiscal year 2010 budget request, submit a report 
presenting the specific amounts of staff years of technical effort 
to be allocated for each defense FFRDC during that fiscal year 
and the associated budget estimates. 
(f) Notwithstanding any other provision of this Act, the total 
amount appropriated in this Act for FFRDCs is hereby reduced 
by $84,000,000. 
SEC. 8027. None of the funds appropriated or made available 
in this Act shall be used to procure carbon, alloy or armor steel 
plate for use in any Government-owned facility or property under 
the control of the Department of Defense which were not melted 
and rolled in the United States or Canada: Provided, That these 
procurement restrictions shall apply to any and all Federal Supply 
Class 9515, American Society of Testing and Materials (ASTM) 
or American Iron and Steel Institute (AISI) specifications of carbon, 
alloy or armor steel plate: Provided further, That the Secretary 
of the military department responsible for the procurement may 
waive this restriction on a case-by-case basis by certifying in writing 
to the Committees on Appropriations of the House of Representa-
tives and the Senate that adequate domestic supplies are not avail-
able to meet Department of Defense requirements on a timely 
basis and that such an acquisition must be made in order to 
acquire capability for national security purposes: Provided further, 
That these restrictions shall not apply to contracts which are in 
being as of the date of the enactment of this Act. 
SEC. 8028. For the purposes of this Act, the term ‘‘congressional 
defense committees’’ means the Armed Services Committee of the 
House of Representatives, the Armed Services Committee of the 
Senate, the Subcommittee on Defense of the Committee on Appro-
priations of the Senate, and the Subcommittee on Defense of the 
Committee on Appropriations of the House of Representatives. 
SEC. 8029. During the current fiscal year, the Department 
of Defense may acquire the modification, depot maintenance and 
repair of aircraft, vehicles and vessels as well as the production 
of components and other Defense-related articles, through competi-
tion between Department of Defense depot maintenance activities 
and private firms: Provided, That the Senior Acquisition Executive 
of the military department or Defense Agency concerned, with power 
of delegation, shall certify that successful bids include comparable 
estimates of all direct and indirect costs for both public and private 
bids: Provided further, That Office of Management and Budget 
Circular A–76 shall not apply to competitions conducted under 
this section. 
SEC. 8030. (a)(1) If the Secretary of Defense, after consultation 
with the United States Trade Representative, determines that a 
foreign country which is party to an agreement described in para-
graph (2) has violated the terms of the agreement by discriminating 
against certain types of products produced in the United States 
that are covered by the agreement, the Secretary of Defense shall 
rescind the Secretary’s blanket waiver of the Buy American Act 
41 USC 10b–2 
note. 
Certification. 
10 USC 101 note. 
Waiver authority. 
Certification. 
Contracts. 
Applicability. 
Reports. 
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122 STAT. 3628 
PUBLIC LAW 110–329—SEPT. 30, 2008 
with respect to such types of products produced in that foreign 
country. 
(2) An agreement referred to in paragraph (1) is any reciprocal 
defense procurement memorandum of understanding, between the 
United States and a foreign country pursuant to which the Secretary 
of Defense has prospectively waived the Buy American Act for 
certain products in that country. 
(b) The Secretary of Defense shall submit to the Congress 
a report on the amount of Department of Defense purchases from 
foreign entities in fiscal year 2009. Such report shall separately 
indicate the dollar value of items for which the Buy American 
Act was waived pursuant to any agreement described in subsection 
(a)(2), the Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.), 
or any international agreement to which the United States is a 
party. 
(c) For purposes of this section, the term ‘‘Buy American Act’’ 
means title III of the Act entitled ‘‘An Act making appropriations 
for the Treasury and Post Office Departments for the fiscal year 
ending June 30, 1934, and for other purposes’’, approved March 
3, 1933 (41 U.S.C. 10a et seq.). 
SEC. 8031. During the current fiscal year, amounts contained 
in the Department of Defense Overseas Military Facility Investment 
Recovery Account established by section 2921(c)(1) of the National 
Defense Authorization Act of 1991 (Public Law 101–510; 10 U.S.C. 
2687 note) shall be available until expended for the payments 
specified by section 2921(c)(2) of that Act. 
SEC. 8032. (a) Notwithstanding any other provision of law, 
the Secretary of the Air Force may convey at no cost to the Air 
Force, without consideration, to Indian tribes located in the States 
of North Dakota, South Dakota, Montana, and Minnesota 
relocatable military housing units located at Grand Forks Air Force 
Base and Minot Air Force Base that are excess to the needs of 
the Air Force. 
(b) The Secretary of the Air Force shall convey, at no cost 
to the Air Force, military housing units under subsection (a) in 
accordance with the request for such units that are submitted 
to the Secretary by the Operation Walking Shield Program on 
behalf of Indian tribes located in the States of North Dakota, 
South Dakota, Montana, and Minnesota. 
(c) The Operation Walking Shield Program shall resolve any 
conflicts among requests of Indian tribes for housing units under 
subsection (a) before submitting requests to the Secretary of the 
Air Force under subsection (b). 
(d) In this section, the term ‘‘Indian tribe’’ means any recognized 
Indian tribe included on the current list published by the Secretary 
of the Interior under section 104 of the Federally Recognized Indian 
Tribe Act of 1994 (Public Law 103–454; 108 Stat. 4792; 25 U.S.C. 
479a–1). 
SEC. 8033. During the current fiscal year, appropriations which 
are available to the Department of Defense for operation and 
maintenance may be used to purchase items having an investment 
item unit cost of not more than $250,000. 
SEC. 8034. (a) During the current fiscal year, none of the 
appropriations or funds available to the Department of Defense 
Working Capital Funds shall be used for the purchase of an invest-
ment item for the purpose of acquiring a new inventory item for 
Housing. 
Native 
Americans. 
State listing. 
Reports. 
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122 STAT. 3629 
PUBLIC LAW 110–329—SEPT. 30, 2008 
sale or anticipated sale during the current fiscal year or a subse-
quent fiscal year to customers of the Department of Defense 
Working Capital Funds if such an item would not have been charge-
able to the Department of Defense Business Operations Fund during 
fiscal year 1994 and if the purchase of such an investment item 
would be chargeable during the current fiscal year to appropriations 
made to the Department of Defense for procurement. 
(b) The fiscal year 2010 budget request for the Department 
of Defense as well as all justification material and other documenta-
tion supporting the fiscal year 2010 Department of Defense budget 
shall be prepared and submitted to the Congress on the basis 
that any equipment which was classified as an end item and funded 
in a procurement appropriation contained in this Act shall be budg-
eted for in a proposed fiscal year 2010 procurement appropriation 
and not in the supply management business area or any other 
area or category of the Department of Defense Working Capital 
Funds. 
SEC. 8035. None of the funds appropriated by this Act for 
programs of the Central Intelligence Agency shall remain available 
for obligation beyond the current fiscal year, except for funds appro-
priated for the Reserve for Contingencies, which shall remain avail-
able until September 30, 2010: Provided, That funds appropriated, 
transferred, or otherwise credited to the Central Intelligence Agency 
Central Services Working Capital Fund during this or any prior 
or subsequent fiscal year shall remain available until expended: 
Provided further, That any funds appropriated or transferred to 
the Central Intelligence Agency for advanced research and develop-
ment acquisition, for agent operations, and for covert action pro-
grams authorized by the President under section 503 of the National 
Security Act of 1947, as amended, shall remain available until 
September 30, 2010. 
SEC. 8036. Notwithstanding any other provision of law, funds 
made available in this Act for the Defense Intelligence Agency 
may be used for the design, development, and deployment of Gen-
eral Defense Intelligence Program intelligence communications and 
intelligence information systems for the Services, the Unified and 
Specified Commands, and the component commands. 
SEC. 8037. Of the funds appropriated to the Department of 
Defense under the heading ‘‘Operation and Maintenance, Defense- 
Wide’’, not less than $12,000,000 shall be made available only 
for the mitigation of environmental impacts, including training 
and technical assistance to tribes, related administrative support, 
the gathering of information, documenting of environmental dam-
age, and developing a system for prioritization of mitigation and 
cost to complete estimates for mitigation, on Indian lands resulting 
from Department of Defense activities. 
SEC. 8038. (a) None of the funds appropriated in this Act 
may be expended by an entity of the Department of Defense unless 
the entity, in expending the funds, complies with the Buy American 
Act. For purposes of this subsection, the term ‘‘Buy American Act’’ 
means title III of the Act entitled ‘‘An Act making appropriations 
for the Treasury and Post Office Departments for the fiscal year 
ending June 30, 1934, and for other purposes’’, approved March 
3, 1933 (41 U.S.C. 10a et seq.). 
(b) If the Secretary of Defense determines that a person has 
been convicted of intentionally affixing a label bearing a ‘‘Made 
in America’’ inscription to any product sold in or shipped to the 
Labeling. 
Fraud. 
50 USC 403u 
note. 
Federal budget. 
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122 STAT. 3630 
PUBLIC LAW 110–329—SEPT. 30, 2008 
United States that is not made in America, the Secretary shall 
determine, in accordance with section 2410f of title 10, United 
States Code, whether the person should be debarred from con-
tracting with the Department of Defense. 
(c) In the case of any equipment or products purchased with 
appropriations provided under this Act, it is the sense of the Con-
gress that any entity of the Department of Defense, in expending 
the appropriation, purchase only American-made equipment and 
products, provided that American-made equipment and products 
are cost-competitive, quality-competitive, and available in a timely 
fashion. 
SEC. 8039. None of the funds appropriated by this Act shall 
be available for a contract for studies, analysis, or consulting serv-
ices entered into without competition on the basis of an unsolicited 
proposal unless the head of the activity responsible for the procure-
ment determines— 
(1) as a result of thorough technical evaluation, only one 
source is found fully qualified to perform the proposed work; 
(2) the purpose of the contract is to explore an unsolicited 
proposal which offers significant scientific or technological 
promise, represents the product of original thinking, and was 
submitted in confidence by one source; or 
(3) the purpose of the contract is to take advantage of 
unique and significant industrial accomplishment by a specific 
concern, or to insure that a new product or idea of a specific 
concern is given financial support: Provided, That this limita-
tion shall not apply to contracts in an amount of less than 
$25,000, contracts related to improvements of equipment that 
is in development or production, or contracts as to which a 
civilian official of the Department of Defense, who has been 
confirmed by the Senate, determines that the award of such 
contract is in the interest of the national defense. 
SEC. 8040. (a) Except as provided in subsections (b) and (c), 
none of the funds made available by this Act may be used— 
(1) to establish a field operating agency; or 
(2) to pay the basic pay of a member of the Armed Forces 
or civilian employee of the department who is transferred or 
reassigned from a headquarters activity if the member or 
employee’s place of duty remains at the location of that head-
quarters. 
(b) The Secretary of Defense or Secretary of a military depart-
ment may waive the limitations in subsection (a), on a case-by- 
case basis, if the Secretary determines, and certifies to the Commit-
tees on Appropriations of the House of Representatives and Senate 
that the granting of the waiver will reduce the personnel require-
ments or the financial requirements of the department. 
(c) This section does not apply to— 
(1) field operating agencies funded within the National 
Intelligence Program; or 
(2) an Army field operating agency established to eliminate, 
mitigate, or counter the effects of improvised explosive devices, 
and, as determined by the Secretary of the Army, other similar 
threats. 
SEC. 8041. The Secretary of Defense, notwithstanding any other 
provision of law, acting through the Office of Economic Adjustment 
of the Department of Defense, may use funds made available in 
this Act under the heading ‘‘Operation and Maintenance, Defense- 
Waiver authority. 
Certification. 
Contracts. 
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122 STAT. 3631 
PUBLIC LAW 110–329—SEPT. 30, 2008 
Wide’’ to make grants and supplement other Federal funds in 
accordance with the guidance provided in the explanatory statement 
described in section 4 (in the matter preceding division A of this 
consolidated Act). 
(RESCISSIONS) 
SEC. 8042. Of the funds appropriated in Department of Defense 
Appropriations Acts, the following funds are hereby rescinded from 
the following accounts and programs in the specified amounts: 
‘‘Aircraft Procurement, Army’’, 2008/2010, $174,600,000; 
‘‘Procurement 
of 
Ammunition, 
Army’’, 
2008/2010, 
$69,200,000; 
‘‘Shipbuilding 
and 
Conversion, 
Navy’’, 
2008/2012, 
$337,000,000; 
‘‘Research, Development, Test and Evaluation, Army’’, 
2008/2009, $49,800,000; 
‘‘Research, Development, Test and Evaluation, Air Force’’, 
2008/2009, $300,073,000; 
‘‘Research, Development, Test and Evaluation, Defense- 
Wide’’, 2008/2009, $150,000,000; and 
‘‘Tanker Replacement Transfer Fund’’, $239,800,000. 
SEC. 8043. None of the funds available in this Act may be 
used to reduce the authorized positions for military (civilian) techni-
cians of the Army National Guard, Air National Guard, Army 
Reserve and Air Force Reserve for the purpose of applying any 
administratively imposed civilian personnel ceiling, freeze, or reduc-
tion on military (civilian) technicians, unless such reductions are 
a direct result of a reduction in military force structure. 
SEC. 8044. None of the funds appropriated or otherwise made 
available in this Act may be obligated or expended for assistance 
to the Democratic People’s Republic of Korea unless specifically 
appropriated for that purpose. 
SEC. 8045. Funds appropriated in this Act for operation and 
maintenance of the Military Departments, Combatant Commands 
and Defense Agencies shall be available for reimbursement of pay, 
allowances and other expenses which would otherwise be incurred 
against appropriations for the National Guard and Reserve when 
members of the National Guard and Reserve provide intelligence 
or counterintelligence support to Combatant Commands, Defense 
Agencies and Joint Intelligence Activities, including the activities 
and programs included within the National Intelligence Program 
and the Military Intelligence Program: Provided, That nothing in 
this section authorizes deviation from established Reserve and 
National Guard personnel and training procedures. 
SEC. 8046. During the current fiscal year, none of the funds 
appropriated in this Act may be used to reduce the civilian medical 
and medical support personnel assigned to military treatment facili-
ties below the September 30, 2003, level: Provided, That the Service 
Surgeons General may waive this section by certifying to the 
congressional defense committees that the beneficiary population 
is declining in some catchment areas and civilian strength reduc-
tions may be consistent with responsible resource stewardship and 
capitation-based budgeting. 
SEC. 8047. (a) None of the funds available to the Department 
of Defense for any fiscal year for drug interdiction or counter- 
drug activities may be transferred to any other department or 
10 USC 374 note. 
Waiver authority. 
Certification. 
North Korea. 
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122 STAT. 3632 
PUBLIC LAW 110–329—SEPT. 30, 2008 
agency of the United States except as specifically provided in an 
appropriations law. 
(b) None of the funds available to the Central Intelligence 
Agency for any fiscal year for drug interdiction and counter-drug 
activities may be transferred to any other department or agency 
of the United States except as specifically provided in an appropria-
tions law. 
SEC. 8048. None of the funds appropriated by this Act may 
be used for the procurement of ball and roller bearings other than 
those produced by a domestic source and of domestic origin: Pro-
vided, That the Secretary of the military department responsible 
for such procurement may waive this restriction on a case-by- 
case basis by certifying in writing to the Committees on Appropria-
tions of the House of Representatives and the Senate, that adequate 
domestic supplies are not available to meet Department of Defense 
requirements on a timely basis and that such an acquisition must 
be made in order to acquire capability for national security pur-
poses: Provided further, That this restriction shall not apply to 
the purchase of ‘‘commercial items’’, as defined by section 4(12) 
of the Office of Federal Procurement Policy Act, except that the 
restriction shall apply to ball or roller bearings purchased as end 
items. 
SEC. 8049. None of the funds in this Act may be used to 
purchase any supercomputer which is not manufactured in the 
United States, unless the Secretary of Defense certifies to the 
congressional defense committees that such an acquisition must 
be made in order to acquire capability for national security purposes 
that is not available from United States manufacturers. 
SEC. 8050. None of the funds made available in this or any 
other Act may be used to pay the salary of any officer or employee 
of the Department of Defense who approves or implements the 
transfer of administrative responsibilities or budgetary resources 
of any program, project, or activity financed by this Act to the 
jurisdiction of another Federal agency not financed by this Act 
without the express authorization of Congress: Provided, That this 
limitation shall not apply to transfers of funds expressly provided 
for in Defense Appropriations Acts, or provisions of Acts providing 
supplemental appropriations for the Department of Defense. 
SEC. 8051. (a) Notwithstanding any other provision of law, 
none of the funds available to the Department of Defense for the 
current fiscal year may be obligated or expended to transfer to 
another nation or an international organization any defense articles 
or services (other than intelligence services) for use in the activities 
described in subsection (b) unless the congressional defense commit-
tees, the Committee on International Relations of the House of 
Representatives, and the Committee on Foreign Relations of the 
Senate are notified 15 days in advance of such transfer. 
(b) This section applies to— 
(1) any international peacekeeping or peace-enforcement 
operation under the authority of chapter VI or chapter VII 
of the United Nations Charter under the authority of a United 
Nations Security Council resolution; and 
(2) any other international peacekeeping, peace-enforce-
ment, or humanitarian assistance operation. 
(c) A notice under subsection (a) shall include the following— 
(1) A description of the equipment, supplies, or services 
to be transferred. 
Applicability. 
Notification. 
Deadline. 
Certification. 
Applicability. 
Waiver authority. 
Certification. 
Ball bearings. 
50 USC 403f 
note. 
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122 STAT. 3633 
PUBLIC LAW 110–329—SEPT. 30, 2008 
(2) A statement of the value of the equipment, supplies, 
or services to be transferred. 
(3) In the case of a proposed transfer of equipment or 
supplies— 
(A) a statement of whether the inventory requirements 
of all elements of the Armed Forces (including the reserve 
components) for the type of equipment or supplies to be 
transferred have been met; and 
(B) a statement of whether the items proposed to be 
transferred will have to be replaced and, if so, how the 
President proposes to provide funds for such replacement. 
SEC. 8052. None of the funds available to the Department 
of Defense under this Act shall be obligated or expended to pay 
a contractor under a contract with the Department of Defense 
for costs of any amount paid by the contractor to an employee 
when— 
(1) such costs are for a bonus or otherwise in excess of 
the normal salary paid by the contractor to the employee; 
and 
(2) such bonus is part of restructuring costs associated 
with a business combination. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8053. During the current fiscal year, no more than 
$30,000,000 of appropriations made in this Act under the heading 
‘‘Operation and Maintenance, Defense-Wide’’ may be transferred 
to appropriations available for the pay of military personnel, to 
be merged with, and to be available for the same time period 
as the appropriations to which transferred, to be used in support 
of such personnel in connection with support and services for eligible 
organizations and activities outside the Department of Defense 
pursuant to section 2012 of title 10, United States Code. 
SEC. 8054. During the current fiscal year, in the case of an 
appropriation account of the Department of Defense for which the 
period of availability for obligation has expired or which has closed 
under the provisions of section 1552 of title 31, United States 
Code, and which has a negative unliquidated or unexpended bal-
ance, an obligation or an adjustment of an obligation may be 
charged to any current appropriation account for the same purpose 
as the expired or closed account if— 
(1) the obligation would have been properly chargeable 
(except as to amount) to the expired or closed account before 
the end of the period of availability or closing of that account; 
(2) the obligation is not otherwise properly chargeable to 
any current appropriation account of the Department of 
Defense; and 
(3) in the case of an expired account, the obligation is 
not chargeable to a current appropriation of the Department 
of Defense under the provisions of section 1405(b)(8) of the 
National Defense Authorization Act for Fiscal Year 1991, Public 
Law 101–510, as amended (31 U.S.C. 1551 note): Provided, 
That in the case of an expired account, if subsequent review 
or investigation discloses that there was not in fact a negative 
unliquidated or unexpended balance in the account, any charge 
to a current account under the authority of this section shall 
be reversed and recorded against the expired account: Provided 
Contracts. 
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122 STAT. 3634 
PUBLIC LAW 110–329—SEPT. 30, 2008 
further, That the total amount charged to a current appropria-
tion under this section may not exceed an amount equal to 
1 percent of the total appropriation for that account. 
SEC. 8055. (a) Notwithstanding any other provision of law, 
the Chief of the National Guard Bureau may permit the use of 
equipment of the National Guard Distance Learning Project by 
any person or entity on a space-available, reimbursable basis. The 
Chief of the National Guard Bureau shall establish the amount 
of reimbursement for such use on a case-by-case basis. 
(b) Amounts collected under subsection (a) shall be credited 
to funds available for the National Guard Distance Learning Project 
and be available to defray the costs associated with the use of 
equipment of the project under that subsection. Such funds shall 
be available for such purposes without fiscal year limitation. 
SEC. 8056. Using funds available by this Act or any other 
Act, the Secretary of the Air Force, pursuant to a determination 
under section 2690 of title 10, United States Code, may implement 
cost-effective agreements for required heating facility modernization 
in the Kaiserslautern Military Community in the Federal Republic 
of Germany: Provided, That in the City of Kaiserslautern such 
agreements will include the use of United States anthracite as 
the base load energy for municipal district heat to the United 
States Defense installations: Provided further, That at Landstuhl 
Army Regional Medical Center and Ramstein Air Base, furnished 
heat may be obtained from private, regional or municipal services, 
if provisions are included for the consideration of United States 
coal as an energy source. 
SEC. 8057. None of the funds appropriated in title IV of this 
Act may be used to procure end-items for delivery to military 
forces for operational training, operational use or inventory require-
ments: Provided, That this restriction does not apply to end-items 
used in development, prototyping, and test activities preceding and 
leading to acceptance for operational use: Provided further, That 
this restriction does not apply to programs funded within the 
National Intelligence Program: Provided further, That the Secretary 
of Defense may waive this restriction on a case-by-case basis by 
certifying in writing to the Committees on Appropriations of the 
House of Representatives and the Senate that it is in the national 
security interest to do so. 
SEC. 8058. Notwithstanding any other provision of law, funds 
available to the Department of Defense in this Act, and hereafter, 
shall be made available to provide transportation of medical sup-
plies and equipment, on a nonreimbursable basis, to American 
Samoa, and funds available to the Department of Defense shall 
be made available to provide transportation of medical supplies 
and equipment, on a nonreimbursable basis, to the Indian Health 
Service when it is in conjunction with a civil-military project. 
SEC. 8059. None of the funds made available in this Act may 
be used to approve or license the sale of the F–22A advanced 
tactical fighter to any foreign government. 
SEC. 8060. (a) The Secretary of Defense may, on a case-by- 
case basis, waive with respect to a foreign country each limitation 
on the procurement of defense items from foreign sources provided 
in law if the Secretary determines that the application of the 
limitation with respect to that country would invalidate cooperative 
programs entered into between the Department of Defense and 
the foreign country, or would invalidate reciprocal trade agreements 
Waiver authority. 
Contracts. 
Medical supplies 
and equipment. 
American Samoa. 
Native 
Americans. 
10 USC 2241 
note. 
Waiver authority. 
Certification. 
Germany. 
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122 STAT. 3635 
PUBLIC LAW 110–329—SEPT. 30, 2008 
for the procurement of defense items entered into under section 
2531 of title 10, United States Code, and the country does not 
discriminate against the same or similar defense items produced 
in the United States for that country. 
(b) Subsection (a) applies with respect to— 
(1) contracts and subcontracts entered into on or after 
the date of the enactment of this Act; and 
(2) options for the procurement of items that are exercised 
after such date under contracts that are entered into before 
such date if the option prices are adjusted for any reason 
other than the application of a waiver granted under subsection 
(a). 
(c) Subsection (a) does not apply to a limitation regarding 
construction of public vessels, ball and roller bearings, food, and 
clothing or textile materials as defined by section 11 (chapters 
50–65) of the Harmonized Tariff Schedule and products classified 
under headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019, 
7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through 
7508, 8105, 8108, 8109, 8211, 8215, and 9404. 
SEC. 8061. (a) None of the funds made available by this Act 
may be used to support any training program involving a unit 
of the security forces of a foreign country if the Secretary of Defense 
has received credible information from the Department of State 
that the unit has committed a gross violation of human rights, 
unless all necessary corrective steps have been taken. 
(b) The Secretary of Defense, in consultation with the Secretary 
of State, shall ensure that prior to a decision to conduct any training 
program referred to in subsection (a), full consideration is given 
to all credible information available to the Department of State 
relating to human rights violations by foreign security forces. 
(c) The Secretary of Defense, after consultation with the Sec-
retary of State, may waive the prohibition in subsection (a) if 
he determines that such waiver is required by extraordinary cir-
cumstances. 
(d) Not more than 15 days after the exercise of any waiver 
under subsection (c), the Secretary of Defense shall submit a report 
to the congressional defense committees describing the extraor-
dinary circumstances, the purpose and duration of the training 
program, the United States forces and the foreign security forces 
involved in the training program, and the information relating 
to human rights violations that necessitates the waiver. 
SEC. 8062. None of the funds appropriated or made available 
in this Act to the Department of the Navy shall be used to develop, 
lease or procure the T-AKE class of ships unless the main propulsion 
diesel engines and propulsors are manufactured in the United 
States by a domestically operated entity: Provided, That the Sec-
retary of Defense may waive this restriction on a case-by-case 
basis by certifying in writing to the Committees on Appropriations 
of the House of Representatives and the Senate that adequate 
domestic supplies are not available to meet Department of Defense 
requirements on a timely basis and that such an acquisition must 
be made in order to acquire capability for national security purposes 
or there exists a significant cost or quality difference. 
SEC. 8063. None of the funds appropriated or otherwise made 
available by this or other Department of Defense Appropriations 
Acts may be obligated or expended for the purpose of performing 
repairs or maintenance to military family housing units of the 
Waiver authority. 
Certification. 
Deadline. 
Reports. 
Waiver authority. 
Human rights. 
Applicability. 
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122 STAT. 3636 
PUBLIC LAW 110–329—SEPT. 30, 2008 
Department of Defense, including areas in such military family 
housing units that may be used for the purpose of conducting 
official Department of Defense business. 
SEC. 8064. Notwithstanding any other provision of law, funds 
appropriated in this Act under the heading ‘‘Research, Development, 
Test and Evaluation, Defense-Wide’’ for any new start advanced 
concept technology demonstration project or joint capability dem-
onstration project may only be obligated 30 days after a report, 
including a description of the project, the planned acquisition and 
transition strategy and its estimated annual and total cost, has 
been provided in writing to the congressional defense committees: 
Provided, That the Secretary of Defense may waive this restriction 
on a case-by-case basis by certifying to the congressional defense 
committees that it is in the national interest to do so. 
SEC. 8065. The Secretary of Defense shall provide a classified 
quarterly report beginning 30 days after enactment of this Act, 
to the House and Senate Appropriations Committees, Subcommit-
tees on Defense on certain matters as directed in the classified 
annex accompanying this Act. 
SEC. 8066. During the current fiscal year, none of the funds 
available to the Department of Defense may be used to provide 
support to another department or agency of the United States 
if such department or agency is more than 90 days in arrears 
in making payment to the Department of Defense for goods or 
services previously provided to such department or agency on a 
reimbursable basis: Provided, That this restriction shall not apply 
if the department is authorized by law to provide support to such 
department or agency on a nonreimbursable basis, and is providing 
the requested support pursuant to such authority: Provided further, 
That the Secretary of Defense may waive this restriction on a 
case-by-case basis by certifying in writing to the Committees on 
Appropriations of the House of Representatives and the Senate 
that it is in the national security interest to do so. 
SEC. 8067. Notwithstanding section 12310(b) of title 10, United 
States Code, a Reserve who is a member of the National Guard 
serving on full-time National Guard duty under section 502(f) of 
title 32, United States Code, may perform duties in support of 
the ground-based elements of the National Ballistic Missile Defense 
System. 
SEC. 8068. None of the funds provided in this Act may be 
used to transfer to any nongovernmental entity ammunition held 
by the Department of Defense that has a center-fire cartridge 
and a United States military nomenclature designation of ‘‘armor 
penetrator’’, ‘‘armor piercing (AP)’’, ‘‘armor piercing incendiary 
(API)’’, or ‘‘armor-piercing incendiary-tracer (API–T)’’, except to an 
entity performing demilitarization services for the Department of 
Defense under a contract that requires the entity to demonstrate 
to the satisfaction of the Department of Defense that armor piercing 
projectiles are either: (1) rendered incapable of reuse by the demili-
tarization process; or (2) used to manufacture ammunition pursuant 
to a contract with the Department of Defense or the manufacture 
of ammunition for export pursuant to a License for Permanent 
Export of Unclassified Military Articles issued by the Department 
of State. 
SEC. 8069. Notwithstanding any other provision of law, the 
Chief of the National Guard Bureau, or his designee, may waive 
payment of all or part of the consideration that otherwise would 
Waiver authority. 
Ammunition. 
Waiver authority. 
Certification. 
Classified 
information. 
Reports. 
Deadline. 
Waiver authority. 
Certification. 
Reports. 
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122 STAT. 3637 
PUBLIC LAW 110–329—SEPT. 30, 2008 
be required under section 2667 of title 10, United States Code, 
in the case of a lease of personal property for a period not in 
excess of 1 year to any organization specified in section 508(d) 
of title 32, United States Code, or any other youth, social, or 
fraternal nonprofit organization as may be approved by the Chief 
of the National Guard Bureau, or his designee, on a case-by-case 
basis. 
SEC. 8070. None of the funds appropriated by this Act shall 
be used for the support of any nonappropriated funds activity 
of the Department of Defense that procures malt beverages and 
wine with nonappropriated funds for resale (including such alcoholic 
beverages sold by the drink) on a military installation located 
in the United States unless such malt beverages and wine are 
procured within that State, or in the case of the District of 
Columbia, within the District of Columbia, in which the military 
installation is located: Provided, That in a case in which the military 
installation is located in more than one State, purchases may be 
made in any State in which the installation is located: Provided 
further, That such local procurement requirements for malt bev-
erages and wine shall apply to all alcoholic beverages only for 
military installations in States which are not contiguous with 
another State: Provided further, That alcoholic beverages other 
than wine and malt beverages, in contiguous States and the District 
of Columbia shall be procured from the most competitive source, 
price and other factors considered. 
SEC. 8071. Funds available to the Department of Defense for 
the Global Positioning System during the current fiscal year may 
be used to fund civil requirements associated with the satellite 
and ground control segments of such system’s modernization pro-
gram. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8072. Of the amounts appropriated in this Act under 
the heading ‘‘Operation and Maintenance, Army’’, $47,700,000 shall 
remain available until expended: Provided, That notwithstanding 
any other provision of law, the Secretary of Defense is authorized 
to transfer such funds to other activities of the Federal Government: 
Provided further, That the Secretary of Defense is authorized to 
enter into and carry out contracts for the acquisition of real prop-
erty, construction, personal services, and operations related to 
projects carrying out the purposes of this section: Provided further, 
That contracts entered into under the authority of this section 
may provide for such indemnification as the Secretary determines 
to be necessary: Provided further, That projects authorized by this 
section shall comply with applicable Federal, State, and local law 
to the maximum extent consistent with the national security, as 
determined by the Secretary of Defense. 
SEC. 8073. Section 8106 of the Department of Defense Appro-
priations Act, 1997 (titles I through VIII of the matter under 
subsection 101(b) of Public Law 104–208; 110 Stat. 3009–111; 10 
U.S.C. 113 note) shall continue in effect to apply to disbursements 
that are made by the Department of Defense in fiscal year 2009. 
SEC. 8074. In addition to amounts provided elsewhere in this 
Act, $8,000,000 is hereby appropriated to the Department of 
Defense, to remain available for obligation until expended: Provided, 
That notwithstanding any other provision of law, these funds shall 
be available only for a grant to the Fisher House Foundation, 
Grants. 
Fisher House 
Foundation, Inc. 
Applicability. 
10 USC 113 note. 
Contracts. 
Real property. 
Applicability. 
Alcohol and 
alcoholic 
beverages. 
State and local 
governments. 
District of 
Columbia. 
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122 STAT. 3638 
PUBLIC LAW 110–329—SEPT. 30, 2008 
Inc., only for the construction and furnishing of additional Fisher 
Houses to meet the needs of military family members when con-
fronted with the illness or hospitalization of an eligible military 
beneficiary. 
SEC. 8075. (a) During the current fiscal year and hereafter, 
the Secretary of Defense, in coordination with the Secretary of 
Health and Human Services, may carry out a program to distribute 
surplus dental and medical equipment of the Department of 
Defense, at no cost to the Department of Defense, to Indian Health 
Service facilities and to federally-qualified health centers (within 
the meaning of section 1905(l)(2)(B) of the Social Security Act 
(42 U.S.C. 1396d(l)(2)(B))). 
(b) In carrying out this provision, the Secretary of Defense 
shall give the Indian Health Service a property disposal priority 
equal to the priority given to the Department of Defense and 
its twelve special screening programs in distribution of surplus 
dental and medical supplies and equipment. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8076. Of the amounts appropriated in this Act under 
the heading ‘‘Research, Development, Test and Evaluation, Defense- 
Wide’’, $177,237,000 shall be for the Israeli Cooperative Programs: 
Provided, That of this amount, $72,895,000 shall be for the Short 
Range Ballistic Missile Defense (SRBMD) program, $30,000,000 
shall be available for an upper-tier component to the Israeli Missile 
Defense Architecture, and $74,342,000 shall be for the Arrow Mis-
sile Defense Program, of which $13,076,000 shall be for producing 
Arrow missile components in the United States and Arrow missile 
components in Israel to meet Israel’s defense requirements, con-
sistent with each nation’s laws, regulations and procedures: Pro-
vided further, That funds made available under this provision for 
production of missiles and missile components may be transferred 
to appropriations available for the procurement of weapons and 
equipment, to be merged with and to be available for the same 
time period and the same purposes as the appropriation to which 
transferred: Provided further, That the transfer authority provided 
under this provision is in addition to any other transfer authority 
contained in this Act. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8077. Of the amounts appropriated in this Act under 
the heading ‘‘Shipbuilding and Conversion, Navy’’, $165,152,000 
shall be available until September 30, 2009, to fund prior year 
shipbuilding cost increases: Provided, That upon enactment of this 
Act, the Secretary of the Navy shall transfer such funds to the 
following appropriations in the amounts specified: Provided further, 
That the amounts transferred shall be merged with and be available 
for the same purposes as the appropriations to which transferred: 
To: 
Under the heading ‘‘Shipbuilding and Conversion, Navy, 2001/ 
2009’’: 
Carrier Replacement Program, $20,516,000; 
Under the heading ‘‘Shipbuilding and Conversion, Navy, 2002/ 
2009’’: 
New SSN, $21,000,000; 
Native 
Americans. 
Government 
property. 
10 USC 2571 
note. 
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122 STAT. 3639 
PUBLIC LAW 110–329—SEPT. 30, 2008 
Under the heading ‘‘Shipbuilding and Conversion, Navy, 2003/ 
2009’’: 
LPD–17 Amphibious Transport Dock Program, $33,082,000; 
Under the heading ‘‘Shipbuilding and Conversion, Navy, 2004/ 
2009’’: 
New SSN, $60,000,000; 
Under the heading ‘‘Shipbuilding and Conversion, Navy, 2007/ 
2011’’: 
LHA Replacement Program, $14,310,000; and 
Under the heading ‘‘Shipbuilding and Conversion, Navy, 2008/ 
2012’’: 
SSBN Submarine Refuelings, $16,244,000. 
SEC. 8078. None of the funds available to the Department 
of Defense may be obligated to modify command and control rela-
tionships to give Fleet Forces Command administrative and oper-
ational control of U.S. Navy forces assigned to the Pacific fleet: 
Provided, That the command and control relationships which 
existed on October 1, 2004, shall remain in force unless changes 
are specifically authorized in a subsequent Act. 
SEC. 8079. Notwithstanding any other provision of law or regu-
lation, the Secretary of Defense may exercise the provisions of 
section 7403(g) of title 38, United States Code, for occupations 
listed in section 7403(a)(2) of title 38, United States Code, as 
well as the following: 
Pharmacists, Audiologists, Psychologists, Social Workers, 
Othotists/Prosthetists, 
Occupational 
Therapists, 
Physical 
Therapists, Rehabilitation Therapists, Respiratory Therapists, 
Speech Pathologists, Dietitian/Nutritionists, Industrial Hygien-
ists, Psychology Technicians, Social Service Assistants, Prac-
tical Nurses, Nursing Assistants, and Dental Hygienists: 
(A) The requirements of section 7403(g)(1)(A) of title 
38, United States Code, shall apply. 
(B) The limitations of section 7403(g)(1)(B) of title 38, 
United States Code, shall not apply. 
SEC. 8080. Funds appropriated by this Act, or made available 
by the transfer of funds in this Act, for intelligence activities are 
deemed to be specifically authorized by the Congress for purposes 
of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2009 until the enactment of the Intelligence 
Authorization Act for Fiscal Year 2009. 
SEC. 8081. None of the funds provided in this Act shall be 
available for obligation or expenditure through a reprogramming 
of funds that creates or initiates a new program, project, or activity 
unless such program, project, or activity must be undertaken imme-
diately in the interest of national security and only after written 
prior notification to the congressional defense committees. 
SEC. 8082. (a) In addition to the amounts provided elsewhere 
in this Act, $3,000,000 is hereby appropriated to the Department 
of Defense for ‘‘Operation and Maintenance, Army National Guard’’. 
Such amount shall be made available to the Secretary of the Army 
only to make a grant in the amount of $3,000,000 to the entity 
specified in subsection (b) to facilitate access by veterans to 
opportunities for skilled employment in the construction industry. 
(b) The entity referred to in subsection (a) is the Center for 
Military Recruitment, Assessment and Veterans Employment, a 
nonprofit labor-management cooperation committee provided for by 
section 302(c)(9) of the Labor-Management Relations Act, 1947 (29 
Grants. 
Notification. 
Applicability. 
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122 STAT. 3640 
PUBLIC LAW 110–329—SEPT. 30, 2008 
U.S.C. 186(c)(9)), for the purposes set forth in section 6(b) of the 
Labor Management Cooperation Act of 1978 (29 U.S.C. 175a note). 
SEC. 8083. In addition to funds made available elsewhere in 
this Act, $5,500,000 is hereby appropriated and shall remain avail-
able until expended to provide assistance, by grant or otherwise 
(such as, but not limited to, the provision of funds for repairs, 
maintenance, construction, and/or for the purchase of information 
technology, text books, teaching resources), to public schools that 
have unusually high concentrations of special needs military 
dependents enrolled: Provided, That in selecting school systems 
to receive such assistance, special consideration shall be given to 
school systems in States that are considered overseas assignments, 
and all schools within these school systems shall be eligible for 
assistance: Provided further, That up to 2 percent of the total 
appropriated funds under this section shall be available to support 
the administration and execution of the funds or program and/ 
or events that promote the purpose of this appropriation (e.g. pay-
ment of travel and per diem of school teachers attending conferences 
or a meeting that promotes the purpose of this appropriation and/ 
or consultant fees for on-site training of teachers, staff, or Joint 
Venture Education Forum (JVEF) Committee members): Provided 
further, That up to $300,000 shall be available to examine human 
capital, family and quality of life issues relating to military presence 
in Hawaii: Provided further, That up to $2,000,000 shall be available 
for the Department of Defense to establish a nonprofit trust fund 
to assist in the public-private funding of public school repair and 
maintenance projects, or provide directly to nonprofit organizations 
who in return will use these monies to provide assistance in the 
form of repair, maintenance, or renovation to public school systems 
that have high concentrations of special needs military dependents 
and are located in States that are considered overseas assignments: 
Provided further, That to the extent a Federal agency provides 
this assistance, by contract, grant, or otherwise, it may accept 
and expend non-Federal funds in combination with these Federal 
funds to provide assistance for the authorized purpose, if the non- 
Federal entity requests such assistance and the non-Federal funds 
are provided on a reimbursable basis. 
SEC. 8084. In addition to the amounts appropriated or otherwise 
made available elsewhere in this Act, $112,400,000 is hereby appro-
priated to the Department of Defense: Provided, That the Secretary 
of Defense shall make grants in the amounts specified as follows: 
$20,000,000 to the United Service Organizations; $30,000,000 to 
the Red Cross; $15,000,000 for the Waterbury Industrial Commons 
Redevelopment Project; $4,750,000 for the SOAR Virtual School 
District; $1,750,000 to The Presidio Trust; $5,000,000 to the STEM 
Education Research Center; $10,000,000 to the Intrepid Museum 
Foundation; $4,000,000 to the Go For Broke National Education 
Center; $9,900,000 to the U.S.S. Missouri Memorial Association; 
$4,000,000 to the Nimitz Center; $3,000,000 to Special Olympics 
International; and $5,000,000 to the Paralympics Military Program. 
SEC. 8085. The Department of Defense and the Department 
of the Army shall make future budgetary and programming plans 
to fully finance the Non-Line of Sight Future Force cannon (NLOS– 
C) and a compatible large caliber ammunition resupply capability 
for this system supported by the Future Combat Systems (FCS) 
Brigade Combat Team (BCT) in order to field this system in fiscal 
year 2010: Provided, That the Army shall develop the NLOS– 
Grants. 
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122 STAT. 3641 
PUBLIC LAW 110–329—SEPT. 30, 2008 
C independent of the broader FCS development timeline to achieve 
fielding by fiscal year 2010. In addition, the Army will deliver 
five pre-production NLOS–C systems by the end of calendar year 
2008 and three pre-production NLOS–C systems by the end of 
calendar year 2009. These systems shall be in addition to those 
systems necessary for developmental and operational testing. 
SEC. 8086. The budget of the President for fiscal year 2010 
submitted to the Congress pursuant to section 1105 of title 31, 
United States Code, shall include separate budget justification docu-
ments for costs of United States Armed Forces’ participation in 
contingency operations for the Military Personnel accounts, the 
Operation and Maintenance accounts, and the Procurement 
accounts: Provided, That these documents shall include a descrip-
tion of the funding requested for each contingency operation, for 
each military service, to include all Active and Reserve components, 
and for each appropriations account: Provided further, That these 
documents shall include estimated costs for each element of expense 
or object class, a reconciliation of increases and decreases for each 
contingency operation, and programmatic data including, but not 
limited to, troop strength for each Active and Reserve component, 
and estimates of the major weapons systems deployed in support 
of each contingency: Provided further, That these documents shall 
include budget exhibits OP–5 and OP–32 (as defined in the Depart-
ment of Defense Financial Management Regulation) for all contin-
gency operations for the budget year and the two preceding fiscal 
years. 
SEC. 8087. None of the funds in this Act may be used for 
research, development, test, evaluation, procurement or deployment 
of nuclear armed interceptors of a missile defense system. 
SEC. 8088. Up to $2,500,000 of the funds appropriated under 
the heading ‘‘Operation and Maintenance, Navy’’ in this Act for 
the Pacific Missile Range Facility may be made available to contract 
for the repair, maintenance, and operation of adjacent off-base 
water, drainage, and flood control systems, electrical upgrade to 
support additional missions critical to base operations, and support 
for a range footprint expansion to further guard against encroach-
ment. 
SEC. 8089. None of the funds appropriated or made available 
in this Act shall be used to reduce or disestablish the operation 
of the 53rd Weather Reconnaissance Squadron of the Air Force 
Reserve, if such action would reduce the WC–130 Weather Recon-
naissance mission below the levels funded in this Act: Provided, 
That the Air Force shall allow the 53rd Weather Reconnaissance 
Squadron to perform other missions in support of national defense 
requirements during the non-hurricane season. 
SEC. 8090. None of the funds provided in this Act shall be 
available for integration of foreign intelligence information unless 
the information has been lawfully collected and processed during 
the conduct of authorized foreign intelligence activities: Provided, 
That information pertaining to United States persons shall only 
be handled in accordance with protections provided in the Fourth 
Amendment of the United States Constitution as implemented 
through Executive Order No. 12333. 
SEC. 8091. (a) At the time members of reserve components 
of the Armed Forces are called or ordered to active duty under 
section 12302(a) of title 10, United States Code, each member 
Notification. 
Deployment. 
Federal budget. 
10 USC 221 note. 
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122 STAT. 3642 
PUBLIC LAW 110–329—SEPT. 30, 2008 
shall be notified in writing of the expected period during which 
the member will be mobilized. 
(b) The Secretary of Defense may waive the requirements of 
subsection (a) in any case in which the Secretary determines that 
it is necessary to do so to respond to a national security emergency 
or to meet dire operational requirements of the Armed Forces. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8092. The Secretary of Defense may transfer funds from 
any available Department of the Navy appropriation to any avail-
able Navy ship construction appropriation for the purpose of liqui-
dating necessary changes resulting from inflation, market fluctua-
tions, or rate adjustments for any ship construction program appro-
priated in law: Provided, That the Secretary may transfer not 
to exceed $100,000,000 under the authority provided by this section: 
Provided further, That the Secretary may not transfer any funds 
until 30 days after the proposed transfer has been reported to 
the Committees on Appropriations of the House of Representatives 
and the Senate, unless a response from the Committees is received 
sooner: Provided further, That the transfer authority provided by 
this section is in addition to any other transfer authority contained 
elsewhere in this Act. 
SEC. 8093. For purposes of section 612 of title 41, United 
States Code, any subdivision of appropriations made under the 
heading ‘‘Shipbuilding and Conversion, Navy’’ that is not closed 
at the time reimbursement is made shall be available to reimburse 
the Judgment Fund and shall be considered for the same purposes 
as any subdivision under the heading ‘‘Shipbuilding and Conversion, 
Navy’’ appropriations in the current fiscal year or any prior fiscal 
year. 
SEC. 8094. (a) None of the funds appropriated by this Act 
may be used to transfer research and development, acquisition, 
or other program authority relating to current tactical unmanned 
aerial vehicles (TUAVs) from the Army. 
(b) The Army shall retain responsibility for and operational 
control of the MQ–1C Sky Warrior Unmanned Aerial Vehicle (UAV) 
in order to support the Secretary of Defense in matters relating 
to the employment of unmanned aerial vehicles. 
(c) None of the funds appropriated by this Act may be used 
to institute an inter-Service common contract for acquisition of 
MQ–1 or MQ–1C UAVs until 30 days after the Secretary of Defense 
certifies to the congressional defense committees that a common 
contract would achieve cost savings, be interoperable with, and 
not create undue sustainment costs compared to the current fleet. 
SEC. 8095. None of the funds appropriated by this Act, and 
hereafter, available for the Civilian Health and Medical Program 
of the Uniformed Services (CHAMPUS) or TRICARE shall be avail-
able for the reimbursement of any health care provider for inpatient 
mental health service for care received when a patient is referred 
to a provider of inpatient mental health care or residential treat-
ment care by a medical or health care professional having an 
economic interest in the facility to which the patient is referred: 
Provided, That this limitation does not apply in the case of inpatient 
mental health services provided under the program for persons 
with disabilities under subsection (d) of section 1079 of title 10, 
United States Code, provided as partial hospital care, or provided 
pursuant to a waiver authorized by the Secretary of Defense because 
10 USC 1073 
note. 
Contracts. 
Deadline. 
Certification. 
Notification. 
Deadline. 
Waiver authority. 
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122 STAT. 3643 
PUBLIC LAW 110–329—SEPT. 30, 2008 
of medical or psychological circumstances of the patient that are 
confirmed by a health professional who is not a Federal employee 
after a review, pursuant to rules prescribed by the Secretary, which 
takes into account the appropriate level of care for the patient, 
the intensity of services required by the patient, and the availability 
of that care. 
SEC. 8096. Of the funds provided in this Act, $10,000,000 
shall be available for the operations and development of training 
and technology for the Joint Interagency Training and Education 
Center and the affiliated Center for National Response at the 
Memorial Tunnel and for providing homeland defense/security and 
traditional warfighting training to the Department of Defense, other 
Federal agencies, and State and local first responder personnel 
at the Joint Interagency Training and Education Center. 
SEC. 8097. Notwithstanding any other provision of law or regu-
lation, the Secretary of Defense may adjust wage rates for civilian 
employees hired for certain health care occupations as authorized 
for the Secretary of Veterans Affairs by section 7455 of title 38, 
United States Code. 
SEC. 8098. The authority to conduct a continuing cooperative 
program in the proviso in title II of Public Law 102–368 under 
the heading ‘‘Research, Development, Test and Evaluation, Defense 
Agencies’’ (106 Stat. 1121) shall be extended through September 
30, 2009 and hereafter, in cooperation with NELHA. 
SEC. 8099. Up to $15,000,000 of the funds appropriated under 
the heading, ‘‘Operation and Maintenance, Navy’’ may be made 
available for the Asia Pacific Regional Initiative Program for the 
purpose of enabling the Pacific Command to execute Theater Secu-
rity Cooperation activities such as humanitarian assistance, and 
payment of incremental and personnel costs of training and exer-
cising with foreign security forces: Provided, That funds made avail-
able for this purpose may be used, notwithstanding any other 
funding authorities for humanitarian assistance, security assistance 
or combined exercise expenses: Provided further, That funds may 
not be obligated to provide assistance to any foreign country that 
is otherwise prohibited from receiving such type of assistance under 
any other provision of law. 
SEC. 8100. None of the funds appropriated by this Act for 
programs of the Office of the Director of National Intelligence 
shall remain available for obligation beyond the current fiscal year, 
except for funds appropriated for research and technology, which 
shall remain available until September 30, 2010. 
SEC. 8101. Notwithstanding any other provision of this Act, 
to reflect savings from revised economic assumptions, the total 
amount appropriated in title II of this Act is hereby reduced by 
$313,780,000, the total amount appropriated in title III of this 
Act is hereby reduced by $298,000,000, and the total amount appro-
priated in title IV of this Act is hereby reduced by $218,000,000: 
Provided, That the Secretary of Defense shall allocate this reduction 
proportionally to each budget activity, activity group, subactivity 
group, and each program, project, and activity, within each appro-
priation account. 
SEC. 8102. For purposes of section 1553(b) of title 31, United 
States Code, any subdivision of appropriations made in this Act 
under the heading ‘‘Shipbuilding and Conversion, Navy’’ shall be 
considered to be for the same purpose as any subdivision under 
the heading ‘‘Shipbuilding and Conversion, Navy’’ appropriations 
Applicability. 
Extension date. 
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122 STAT. 3644 
PUBLIC LAW 110–329—SEPT. 30, 2008 
in any prior fiscal year, and the 1 percent limitation shall apply 
to the total amount of the appropriation. 
SEC. 8103. Notwithstanding any other provision of law, that 
not more than 35 percent of funds provided in this Act for environ-
mental remediation may be obligated under indefinite delivery/ 
indefinite quantity contracts with a total contract value of 
$130,000,000 or higher. 
SEC. 8104. The Secretary of Defense shall create a major force 
program category for space for the Future Years Defense Program 
of the Department of Defense. The Secretary of Defense shall des-
ignate an official in the Office of the Secretary of Defense to provide 
overall supervision of the preparation and justification of program 
recommendations and budget proposals to be included in such major 
force program category. 
SEC. 8105. During the current fiscal year and hereafter, none 
of the funds appropriated or otherwise available to the Department 
of Defense may be obligated or expended to provide award fees 
to any defense contractor contrary to the provisions of section 
814 of the National Defense Authorization Act, Fiscal Year 2007 
(Public Law 109–364). 
SEC. 8106. None of the funds appropriated or otherwise made 
available by this or any other Act shall be obligated or expended 
by the United States Government for a purpose as follows: 
(1) To establish any military installation or base for the 
purpose of providing for the permanent stationing of United 
States Armed Forces in Iraq. 
(2) To exercise United States control over any oil resource 
of Iraq. 
SEC. 8107. Beginning with the fiscal year 2010 budget request, 
the Director of National Intelligence shall include the budget 
exhibits identified in paragraphs (1) and (2) as described in the 
Department of Defense Financial Management Regulation with the 
congressional budget justification books. 
(1) For procurement programs requesting more than 
$20,000,000 in any fiscal year, the P–1, Procurement Program; 
P–5, Cost Analysis; P–5a, Procurement History and Planning; 
P–21, Production Schedule; and P–40 Budget Item Justification. 
(2) For research, development, test and evaluation projects 
requesting more than $10,000,000 in any fiscal year, the R– 
1, RDT&E Program; R–2, RDT&E Budget Item Justification; 
R–3, RDT&E Project Cost Analysis; and R–4, RDT&E Program 
Schedule Profile. 
SEC. 8108. None of the funds made available in this Act may 
be used in contravention of the following laws enacted or regulations 
promulgated to implement the United Nations Convention Against 
Torture and Other Cruel, Inhuman or Degrading Treatment or 
Punishment (done at New York on December 10, 1984): 
(1) Section 2340A of title 18, United States Code. 
(2) Section 2242 of the Foreign Affairs Reform and Restruc-
turing Act of 1998 (division G of Public Law 105–277; 112 
Stat. 2681–822; 8 U.S.C. 1231 note) and regulations prescribed 
thereto, including regulations under part 208 of title 8, Code 
of Federal Regulations, and part 95 of title 22, Code of Federal 
Regulations. 
Effective date. 
50 USC 415a–2. 
Iraq. 
10 USC 2302 
note. 
Designation. 
10 USC 221 note. 
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122 STAT. 3645 
PUBLIC LAW 110–329—SEPT. 30, 2008 
(3) Sections 1002 and 1003 of the Department of Defense, 
Emergency Supplemental Appropriations to Address Hurri-
canes in the Gulf of Mexico, and Pandemic Influenza Act, 
2006 (Public Law 109–148). 
SEC. 8109. Notwithstanding any other provision of law, none 
of the funds made available in this Act may be used to pay nego-
tiated indirect cost rates on a contract, grant, or cooperative agree-
ment (or similar arrangement) entered into by the Department 
of Defense and an entity in excess of 35 percent of the total 
cost of the contract, grant, or agreement (or similar arrangement): 
Provided, That this limitation shall apply only to contracts, grants, 
or cooperative agreements entered into after the date of the enact-
ment of this Act using funds made available in this Act for basic 
research. 
SEC. 8110. The Secretary of Defense shall maintain on the 
homepage of the Internet website of the Department of Defense 
a direct link to the Internet website of the Office of Inspector 
General of the Department of Defense. 
SEC. 8111. (a) Not later than 60 days after enactment of this 
Act, the Office of the Director of National Intelligence shall submit 
a report to the congressional intelligence committees to establish 
the baseline for application of reprogramming and transfer authori-
ties for fiscal year 2009: Provided, That the report shall include— 
(1) a table for each appropriation with a separate column 
to display the President’s budget request, adjustments made 
by Congress, adjustments due to enacted rescissions, if appro-
priate, and the fiscal year enacted level; 
(2) a delineation in the table for each appropriation by 
Expenditure Center and project; and 
(3) an identification of items of special congressional 
interest. 
(b) None of the funds provided for the National Intelligence 
Program in this Act shall be available for reprogramming or transfer 
until the report identified in subsection (a) is submitted to the 
congressional intelligence committees, unless the Director of 
National Intelligence certifies in writing to the congressional intel-
ligence committees that such reprogramming or transfer is nec-
essary as an emergency requirement. 
SEC. 8112. The Director of National Intelligence shall submit 
to Congress each year, at or about the time that the President’s 
budget is submitted to Congress that year under section 1105(a) 
of title 31, United States Code, a future-years intelligence program 
(including associated annexes) reflecting the estimated expenditures 
and proposed appropriations included in that budget. Any such 
future-years intelligence program shall cover the fiscal year with 
respect to which the budget is submitted and at least the four 
succeeding fiscal years. 
SEC. 8113. For the purposes of this Act, the term ‘‘congressional 
intelligence committees’’ means the Permanent Select Committee 
on Intelligence of the House of Representatives, the Select Com-
mittee on Intelligence of the Senate, the Subcommittee on Defense 
of the Committee on Appropriations of the House of Representatives, 
and the Subcommittee on Defense of the Committee on Appropria-
tions of the Senate. 
SEC. 8114. The Department of Defense shall continue to report 
incremental contingency operations costs for Operation Iraqi 
Freedom and Operation Enduring Freedom on a monthly basis 
Reports. 
Submission. 
50 USC 415a–3. 
Certification. 
Deadline. 
Reports. 
Web site. 
Applicability. 
Contracts. 
Grants. 
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122 STAT. 3646 
PUBLIC LAW 110–329—SEPT. 30, 2008 
in the Cost of War Execution Report as prescribed in the Depart-
ment of Defense Financial Management Regulation Department 
of Defense Instruction 7000.14, Volume 12, Chapter 23 ‘‘Contin-
gency Operations’’, Annex 1, dated September 2005. 
SEC. 8115. HORSHAM JOINT INTERAGENCY INSTALLATION.— 
(a) ESTABLISHMENT
OF INSTALLATION.—The Horsham Joint 
Interagency Installation located in Horsham Township, Montgomery 
County, Pennsylvania is hereby established. Pursuant to Section 
3703 of the U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, 
and Iraq Accountability Appropriations Act (121 Stat. 145), at a 
time determined by the Secretary of the Navy, or upon completion 
of the associated Defense Base Closure and Realignment Commis-
sion recommendations, the Secretary of the Navy shall, notwith-
standing any other provision of law, transfer to the Secretary of 
the Air Force, at no cost, all designated lands, easements, Air 
Installation Compatible Use Zones, and facilities at NASJRB Willow 
Grove. The airfield at the Horsham Joint Interagency Installation 
shall be known as ‘‘Pitcairn-Willow Grove Field’’. 
(b) TRANSFER TO COMMONWEALTH OF PENNSYLVANIA.—Notwith-
standing any other provision of law, the Secretary of the Air Force 
shall convey all of the Navy property transferred to the Air Force, 
as well as excess Air Force property at the Willow Grove Air 
Reserve Station, to the Commonwealth of Pennsylvania, at no cost, 
for operation of the Horsham Joint Interagency Installation so 
long as it is used continuously as the Horsham Joint Interagency 
Installation. In the event the property is no longer used for the 
Horsham Joint Interagency Installation, it shall revert to the 
Department of Defense. Installation property conveyed to the 
Commonwealth of Pennsylvania may not be reconveyed, but may 
be leased, subleased, or licensed by the Commonwealth, for any 
agreed upon term, for use by the United States, its agencies or 
instrumentalities, at terms agreeable to the United States, or to 
State or local government agencies, or other associated users. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8116. (a) STOP-LOSS SPECIAL PAY.—In addition to the 
amounts appropriated or otherwise made available elsewhere in 
this Act, $72,000,000 is hereby appropriated to the Secretary of 
Defense to carry out this section. Such amount shall be made 
available to the Secretaries of the military departments only to 
provide special pay during fiscal year 2009 to members of the 
Army, Navy, Air Force, and Marine Corps, including members 
of their reserve components who at any time during fiscal year 
2009, serve on active duty while the members’ enlistment or period 
of obligated service is extended, or whose eligibility for retirement 
is suspended, pursuant to section 123 or 12305 of title 10, United 
States Code, or any other provision of law (commonly referred 
to as a ‘‘stop-loss authority’’) authorizing the President to extend 
an enlistment or period of obligated service, or suspend an eligibility 
for retirement, of a member of the uniformed services in time 
of war or of national emergency declared by Congress or the Presi-
dent. 
(b) SPECIAL PAY AMOUNT.—The amount of the special pay paid 
under subsection (a) to or on behalf of an eligible member may 
not exceed $500 per month for each month or portion of a month 
during fiscal year 2009 that the member is retained on active 
duty as a result of application of the stop-loss authority. 
Designation. 
Pennsylvania. 
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122 STAT. 3647 
PUBLIC LAW 110–329—SEPT. 30, 2008 
(c) IMPLEMENTATION PLAN.—Before obligating or expending any 
of the funds made available under subsection (a), the Secretary 
of Defense shall submit to the Committees on Appropriations of 
the House of Representatives and the Senate a report containing 
a plan for the provision of the special pay authorized by this 
section. 
SEC. 8117. Section 3287 of title 18, United States Code, is 
amended— 
(1) by inserting ‘‘or Congress has enacted a specific 
authorization for the use of the Armed Forces, as described 
in section 5(b) of the War Powers Resolution (50 U.S.C. 
1544(b)),’’ after ‘‘is at war’’; 
(2) by inserting ‘‘or directly connected with or related to 
the authorized use of the Armed Forces’’ after ‘‘prosecution 
of the war’’; 
(3) by striking ‘‘three years’’ and inserting ‘‘5 years’’; 
(4) by striking ‘‘proclaimed by the President’’ and inserting 
‘‘proclaimed by a Presidential proclamation, with notice to Con-
gress,’’; and 
(5) by adding at the end the following: ‘‘For purposes of 
applying such definitions in this section, the term ‘war’ includes 
a specific authorization for the use of the Armed Forces, as 
described in section 5(b) of the War Powers Resolution (50 
U.S.C. 1544(b)).’’. 
SEC. 8118. INCENTIVES
FOR ADDITIONAL DOWNBLENDING
OF 
HIGHLY ENRICHED URANIUM
BY
THE RUSSIAN FEDERATION. The 
USEC Privatization Act (42 U.S.C. 2297h et seq.) is amended— 
(1) in section 3102, by striking ‘‘For purposes’’ and inserting 
‘‘Except as provided in section 3112A, for purposes’’; and 
(2) by inserting after section 3112 the following: 
‘‘SEC. 3112A. INCENTIVES FOR ADDITIONAL DOWNBLENDING OF 
HIGHLY ENRICHED URANIUM BY THE RUSSIAN FEDERA-
TION. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) COMPLETION OF THE RUSSIAN HEU AGREEMENT.—The 
term ‘completion of the Russian HEU Agreement’ means the 
importation into the United States from the Russian Federation 
pursuant to the Russian HEU Agreement of uranium derived 
from the downblending of not less than 500 metric tons of 
highly enriched uranium of weapons origin. 
‘‘(2) DOWNBLENDING.—The term ‘downblending’ means 
processing highly enriched uranium into a uranium product 
in any form in which the uranium contains less than 20 percent 
uranium-235. 
‘‘(3) 
HIGHLY
ENRICHED
URANIUM.—The 
term 
‘highly 
enriched uranium’ has the meaning given that term in section 
3102(4). 
‘‘(4) HIGHLY ENRICHED URANIUM OF WEAPONS ORIGIN.—The 
term ‘highly enriched uranium of weapons origin’ means highly 
enriched uranium that— 
‘‘(A) contains 90 percent or more uranium-235; and 
‘‘(B) is verified by the Secretary of Energy to be of 
weapons origin. 
‘‘(5) LOW-ENRICHED URANIUM.—The term ‘low-enriched ura-
nium’ means a uranium product in any form, including uranium 
hexafluoride (UF6) and uranium oxide (UO2), in which the 
42 USC 
2297h–10a. 
42 USC 2297h. 
Reports. 
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122 STAT. 3648 
PUBLIC LAW 110–329—SEPT. 30, 2008 
uranium contains less than 20 percent uranium-235, including 
natural uranium, without regard to whether the uranium is 
incorporated into fuel rods or complete fuel assemblies. 
‘‘(6) RUSSIAN HEU AGREEMENT.—The term ‘Russian HEU 
Agreement’ has the meaning given that term in section 
3102(11). 
‘‘(7) URANIUM-235.—The term ‘uranium-235’ means the iso-
tope 235U. 
‘‘(b) STATEMENT
OF POLICY.—It is the policy of the United 
States to support the continued downblending of highly enriched 
uranium of weapons origin in the Russian Federation in order 
to protect the essential security interests of the United States 
with respect to the nonproliferation of nuclear weapons. 
‘‘(c) PROMOTION
OF
DOWNBLENDING
OF
RUSSIAN
HIGHLY 
ENRICHED URANIUM.— 
‘‘(1) COMPLETION OF THE RUSSIAN HEU AGREEMENT.—Prior 
to the completion of the Russian HEU Agreement, the importa-
tion into the United States of low-enriched uranium, including 
low-enriched uranium obtained under contracts for separative 
work units, that is produced in the Russian Federation and 
is not imported pursuant to the Russian HEU Agreement, 
may not exceed the following amounts: 
‘‘(A) In the 4-year period beginning with calendar year 
2008, 16,559 kilograms. 
‘‘(B) In calendar year 2012, 24,839 kilograms. 
‘‘(C) In calendar year 2013 and each calendar year 
thereafter through the calendar year of the completion 
of the Russian HEU Agreement, 41,398 kilograms. 
‘‘(2) INCENTIVES
TO
CONTINUE
DOWNBLENDING
RUSSIAN 
HIGHLY
ENRICHED
URANIUM
AFTER
THE
COMPLETION
OF
THE 
RUSSIAN HEU AGREEMENT.— 
‘‘(A) IN GENERAL.—After the completion of the Russian 
HEU Agreement, the importation into the United States 
of low-enriched uranium, including low-enriched uranium 
obtained under contracts for separative work units, that 
is produced in the Russian Federation, whether or not 
such low-enriched uranium is derived from highly enriched 
uranium of weapons origin, may not exceed— 
‘‘(i) in calendar year 2014, 485,279 kilograms; 
‘‘(ii) in calendar year 2015, 455,142 kilograms; 
‘‘(iii) in calendar year 2016, 480,146 kilograms; 
‘‘(iv) in calendar year 2017, 490,710 kilograms; 
‘‘(v) in calendar year 2018, 492,731 kilograms; 
‘‘(vi) in calendar year 2019, 509,058 kilograms; 
and 
‘‘(vii) in calendar year 2020, 514,754 kilograms. 
‘‘(B) ADDITIONAL IMPORTS IN EXCHANGE FOR A COMMIT-
MENT TO DOWNBLEND AN ADDITIONAL 300 METRIC TONS OF 
HIGHLY ENRICHED URANIUM.— 
‘‘(i) IN
GENERAL.—In addition to the amount 
authorized to be imported under subparagraph (A) and 
except as provided in clause (ii), if the Russian Federa-
tion enters into a bilateral agreement with the United 
States under which the Russian Federation agrees to 
downblend an additional 300 metric tons of highly 
enriched uranium after the completion of the Russian 
HEU Agreement, 4 kilograms of low-enriched uranium, 
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122 STAT. 3649 
PUBLIC LAW 110–329—SEPT. 30, 2008 
whether or not such low-enriched uranium is derived 
from highly enriched uranium of weapons origin and 
including low-enriched uranium obtained under con-
tracts for separative work units, may be imported in 
a calendar year for every 1 kilogram of Russian highly 
enriched 
uranium 
of 
weapons 
origin 
that 
was 
downblended in the preceding calendar year, subject 
to the verification of the Secretary of Energy under 
paragraph (10). 
‘‘(ii) MAXIMUM ANNUAL IMPORTS.—Not more than 
120,000 kilograms of low-enriched uranium may be 
imported in a calendar year under clause (i). 
‘‘(3) EXCEPTIONS.—The import limitations described in 
paragraphs (1) and (2) shall not apply to low-enriched uranium 
produced in the Russian Federation that is imported into the 
United States— 
‘‘(A) for use in the initial core of a new nuclear reactor; 
‘‘(B) for processing and to be certified for reexportation 
and not for consumption in the United States; or 
‘‘(C) to be added to the inventory of the Department 
of Energy. 
‘‘(4) LIMITED WAIVER AUTHORITY.— 
‘‘(A) IN GENERAL.—Notwithstanding paragraph (1)(C), 
if the completion of the Russian HEU Agreement does 
not occur before December 31, 2013, the import limitations 
under paragraph (1)(C) shall be waived, and low-enriched 
uranium may be imported into the United States in the 
quantities specified in paragraph (2) in a calendar year 
after 2013, if— 
‘‘(i) the Secretary of Energy and the Secretary 
of State jointly determine that— 
‘‘(I) the failure of the completion of the Russian 
HEU Agreement arises from causes beyond the 
control and without the fault or negligence of the 
Government of the Russian Federation; and 
‘‘(II) the Government of the Russian Federa-
tion has made reasonable efforts to avoid and miti-
gate the effects of the failure of the completion 
of the Russian HEU Agreement; and 
‘‘(ii) the Secretary of Energy and the Secretary 
of State jointly notify Congress of, and publish in the 
Federal Register, the determination under clause (i) 
and the reasons for the determination. 
‘‘(B) NOTICE AND WAIT.—A waiver under subparagraph 
(A) may not take effect until the date that is 180 days 
after the date on which Secretary of Energy and the Sec-
retary of State notify Congress under subparagraph (A)(ii). 
‘‘(C) TERMINATION.—A waiver under subparagraph (A) 
shall terminate on December 31 of the calendar year with 
respect to which the Secretary makes the determination 
under subparagraph (A)(i). 
‘‘(5) ADJUSTMENTS TO IMPORT LIMITATIONS.— 
‘‘(A) IN
GENERAL.—The import limitations described 
in paragraph (2)(A) are based on the reference data in 
the 2005 Market Report on the Global Nuclear Fuel Market 
Supply and Demand 2005–2030 of the World Nuclear 
Association. In each of calendar years 2016 and 2019, the 
Effective date. 
Notification. 
Federal Register, 
publication. 
Deadline. 
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122 STAT. 3650 
PUBLIC LAW 110–329—SEPT. 30, 2008 
Secretary of Commerce shall review the projected demand 
for uranium for nuclear reactors in the United States and 
adjust the import limitations described in paragraph (2)(A) 
to account for changes in such demand in years after the 
year in which that report or a subsequent report is pub-
lished. 
‘‘(B) INCENTIVE ADJUSTMENT.—Beginning in the second 
calendar year after the calendar year of the completion 
of the Russian HEU Agreement, the Secretary of Energy 
shall increase or decrease the amount of low-enriched ura-
nium that may be imported in a calendar year under para-
graph (2)(B) (including the amount of low-enriched uranium 
that may be imported for each kilogram of highly enriched 
uranium downblended under paragraph (2)(B)(i)) by a 
percentage equal to the percentage increase or decrease, 
as the case may be, in the average amount of uranium 
loaded into nuclear power reactors in the United States 
in the most recent 3-calendar-year period for which data 
are available, as reported by the Energy Information 
Administration of the Department of Energy, compared 
to the average amount of uranium loaded into such reactors 
during the 3-calendar-year period beginning on January 
1, 2011, as reported by the Energy Information Administra-
tion. 
‘‘(C) PUBLICATION OF ADJUSTMENTS.—As soon as prac-
ticable, but not later than July 31 of each calendar year, 
the Secretary of Energy shall publish in the Federal Reg-
ister the amount of low-enriched uranium that may be 
imported in the current calendar year after the adjustments 
under subparagraph (B). 
‘‘(6) AUTHORITY FOR ADDITIONAL ADJUSTMENT.—In addition 
to the adjustment under paragraph (5)(A), the Secretary of 
Commerce may adjust the import limitations under paragraph 
(2)(A) for a calendar year if the Secretary— 
‘‘(A) in consultation with the Secretary of Energy, 
determines that the available supply of low-enriched ura-
nium and the available stockpiles of uranium of the Depart-
ment of Energy are insufficient to meet demand in the 
United States in the following calendar year; and 
‘‘(B) notifies Congress of the adjustment not less than 
45 days before making the adjustment. 
‘‘(7) EQUIVALENT QUANTITIES OF LOW-ENRICHED URANIUM 
IMPORTS.— 
‘‘(A) IN
GENERAL.—The import limitations described 
in paragraphs (1) and (2) are expressed in terms of uranium 
containing 4.4 percent uranium-235 and a tails assay of 
0.3 percent. 
‘‘(B) ADJUSTMENT
FOR
OTHER
URANIUM.—Imports of 
low-enriched uranium under paragraphs (1) and (2), 
including low-enriched uranium obtained under contracts 
for separative work units, shall count against the import 
limitations described in such paragraphs in amounts cal-
culated as the quantity of low-enriched uranium containing 
4.4 percent uranium-235 necessary to equal the total 
amount of uranium-235 contained in such imports. 
‘‘(8) DOWNBLENDING
OF
OTHER
HIGHLY
ENRICHED
URA-
NIUM.— 
Notification. 
Deadline. 
Federal Register, 
publication. 
Effective date. 
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122 STAT. 3651 
PUBLIC LAW 110–329—SEPT. 30, 2008 
‘‘(A) 
IN
GENERAL.—The 
downblending 
of 
highly 
enriched uranium not of weapons origin may be counted 
for purposes of paragraph (2)(B), subject to verification 
under paragraph (10), if the Secretary of Energy determines 
that the highly enriched uranium to be downblended poses 
a risk to the national security of the United States. 
‘‘(B) EQUIVALENT QUANTITIES OF HIGHLY ENRICHED URA-
NIUM.—For purposes of determining the additional low- 
enriched uranium imports allowed under paragraph (2)(B), 
highly 
enriched 
uranium 
not 
of 
weapons 
origin 
downblended pursuant to subparagraph (A) shall count 
as downblended highly enriched uranium of weapons origin 
in amounts calculated as the quantity of highly enriched 
uranium containing 90 percent uranium-235 necessary to 
equal the total amount of uranium-235 contained in the 
highly 
enriched 
uranium 
not 
of 
weapons 
origin 
downblended pursuant to subparagraph (A). 
‘‘(9) TERMINATION
OF
IMPORT
RESTRICTIONS.—The provi-
sions of this subsection shall terminate on December 31, 2020. 
‘‘(10) 
TECHNICAL
VERIFICATIONS
BY
SECRETARY
OF 
ENERGY.— 
‘‘(A) IN GENERAL.—The Secretary of Energy shall verify 
the origin, quantity, and uranium-235 content of the highly 
enriched uranium downblended for purposes of paragraphs 
(2)(B) and (8). 
‘‘(B) METHODS
OF
VERIFICATION.—In conducting the 
verification required under subparagraph (A), the Secretary 
of Energy shall employ the transparency measures and 
access provisions agreed to under the Russian HEU Agree-
ment for monitoring the downblending of Russian highly 
enriched uranium of weapons origin and such other 
methods as the Secretary determines appropriate. 
‘‘(11) ENFORCEMENT
OF
IMPORT
LIMITATIONS.—The Sec-
retary of Commerce shall be responsible for enforcing the import 
limitations imposed under this subsection and shall enforce 
such import limitations in a manner that imposes a minimal 
burden on the commercial nuclear industry. 
‘‘(12) EFFECT ON OTHER AGREEMENTS.— 
‘‘(A) RUSSIAN HEU AGREEMENT.—Nothing in this section 
shall be construed to modify the terms of the Russian 
HEU Agreement, including the provisions of the Agreement 
relating to the amount of low-enriched uranium that may 
be imported into the United States. 
‘‘(B) OTHER AGREEMENTS.—If a provision of any agree-
ment between the United States and the Russian Federa-
tion, other than the Russian HEU Agreement, relating 
to the importation of low-enriched uranium, including low- 
enriched uranium obtained under contracts for separative 
work units, into the United States conflicts with a provision 
of this section, the provision of this section shall supersede 
the provision of the agreement to the extent of the conflict.’’. 
SEC. 8119. The amounts appropriated in title II of this Act 
are hereby reduced by $859,000,000 to reflect excess cash balances 
in Department of Defense Working Capital Funds, as follows: 
(1) 
From 
‘‘Operation 
and 
Maintenance, 
Army’’, 
$823,000,000; and 
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122 STAT. 3652 
PUBLIC LAW 110–329—SEPT. 30, 2008 
(2) From ‘‘Operation and Maintenance, Air Force’’, 
$36,000,000. 
This division may be cited as the ‘‘Department of Defense 
Appropriations Act, 2009’’. 
DIVISION D—DEPARTMENT OF HOMELAND SECURITY 
APPROPRIATIONS ACT, 2009 
That the following sums are appropriated, out of any money in 
the Treasury not otherwise appropriated, for the Department of 
Homeland Security for the fiscal year ending September 30, 2009, 
and for other purposes, namely: 
TITLE I 
DEPARTMENTAL MANAGEMENT AND OPERATIONS 
OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT 
For necessary expenses of the Office of the Secretary of Home-
land Security, as authorized by section 102 of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 112), and executive management of 
the Department of Homeland Security, as authorized by law, 
$123,456,000: Provided, That not to exceed $60,000 shall be for 
official reception and representation expenses, of which $20,000 
shall be made available to the Office of Policy solely to host Visa 
Waiver Program negotiations in Washington, DC: Provided further, 
That within 15 days after the end of each quarter of the fiscal 
year, the Secretary shall submit to the Committees on Appropria-
tions of the Senate and House of Representatives and to the Govern-
ment Accountability Office a report of each instance where a request 
by the Government Accountability Office for access to Department 
of Homeland Security records was not granted within 20 calendar 
days and Government Accountability Office requests for interviews 
with Department of Homeland Security employees were not granted 
within seven calendar days: Provided further, That $15,000,000 
shall not be available for obligation until the second quarterly 
report detailed in the previous proviso is submitted to the Commit-
tees on Appropriations of the Senate and House of Representatives: 
Provided further, That $10,000,000 shall not be available for obliga-
tion until the Secretary of Homeland Security, in coordination with 
the Administrator of the Federal Emergency Management Agency, 
certifies to the Committees on Appropriations of the Senate and 
the House of Representatives that processes to incorporate stake-
holder input for grant guidance development and award distribution 
have been: (1) developed to ensure transparency and increased 
consultation about security needs for all-hazards; (2) formalized 
and made clear to stakeholders; and (3) formalized to ensure future 
use for each fiscal year. 
OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT 
For necessary expenses of the Office of the Under Secretary 
for Management, as authorized by sections 701 through 705 of 
the Homeland Security Act of 2002 (6 U.S.C. 341 through 345), 
$191,793,000, of which not to exceed $3,000 shall be for official 
reception and representation expenses: Provided, That of the total 
amount, $6,000,000 shall remain available until expended solely 
Certification. 
Deadlines. 
Reports. 
Department of 
Homeland 
Security 
Appropriations 
Act, 2009. 
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122 STAT. 3653 
PUBLIC LAW 110–329—SEPT. 30, 2008 
for the alteration and improvement of facilities, tenant improve-
ments, and relocation costs to consolidate Department headquarters 
operations at the Nebraska Avenue Complex; and $17,131,000 shall 
remain available until expended for the Human Resources Informa-
tion Technology program. 
OFFICE OF THE CHIEF FINANCIAL OFFICER 
For necessary expenses of the Office of the Chief Financial 
Officer, as authorized by section 103 of the Homeland Security 
Act of 2002 (6 U.S.C. 113), $55,235,000, of which $11,000,000 shall 
remain available until expended for financial systems consolidation 
efforts. 
OFFICE OF THE CHIEF INFORMATION OFFICER 
For necessary expenses of the Office of the Chief Information 
Officer, as authorized by section 103 of the Homeland Security 
Act of 2002 (6 U.S.C. 113), and Department-wide technology invest-
ments, $272,169,000; of which $86,928,000 shall be available for 
salaries and expenses; and of which $185,241,000, to remain avail-
able until expended, shall be available for development and acquisi-
tion of information technology equipment, software, services, and 
related activities for the Department of Homeland Security, of which 
not less than $23,830,000 shall be available for data center develop-
ment and an additional $22,300,000 shall be available to support 
costs of transition to the National Center for Critical Information 
Processing and Storage: Provided, That $100,000,000 of the total 
amount appropriated under this heading shall not be available 
for obligation until the Committees on Appropriations of the Senate 
and the House of Representatives receive the report on data center 
transition: Provided further, That none of the funds appropriated 
shall be used to support or supplement the appropriations provided 
for the United States Visitor and Immigrant Status Indicator Tech-
nology project or the Automated Commercial Environment: Provided 
further, That the Chief Information Officer shall submit to the 
Committees on Appropriations of the Senate and the House of 
Representatives, not more than 60 days after the date of enactment 
of this Act, an expenditure plan for all information technology 
acquisition projects that: (1) are funded under this heading; or 
(2) are funded by multiple components of the Department of Home-
land Security through reimbursable agreements: Provided further, 
That such expenditure plan shall include each specific project 
funded, key milestones, all funding sources for each project, details 
of annual and lifecycle costs, and projected cost savings or cost 
avoidance to be achieved by the project. 
ANALYSIS AND OPERATIONS 
For necessary expenses for information analysis and operations 
coordination activities, as authorized by title II of the Homeland 
Security Act of 2002 (6 U.S.C. 121 et seq.), $327,373,000, of which 
not to exceed $5,000 shall be for official reception and representation 
expenses; and of which $215,745,000 shall remain available until 
September 30, 2010. 
Deadline. 
Expenditure 
plan. 
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122 STAT. 3654 
PUBLIC LAW 110–329—SEPT. 30, 2008 
OFFICE OF THE FEDERAL COORDINATOR FOR GULF COAST 
REBUILDING 
For necessary expenses of the Office of the Federal Coordinator 
for Gulf Coast Rebuilding, $1,900,000. 
OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978 
(5 U.S.C. App.), $98,513,000, of which not to exceed $150,000 may 
be used for certain confidential operational expenses, including 
the payment of informants, to be expended at the direction of 
the Inspector General. 
TITLE II 
SECURITY, ENFORCEMENT, AND INVESTIGATIONS 
U.S. CUSTOMS AND BORDER PROTECTION 
SALARIES AND EXPENSES 
For necessary expenses for enforcement of laws relating to 
border security, immigration, customs, agricultural inspections and 
regulatory activities related to plant and animal imports, and 
transportation of unaccompanied minor aliens; purchase and lease 
of up to 6,300 (3,300 for replacement only) police-type vehicles; 
and contracting with individuals for personal services abroad; 
$7,603,206,000, of which $3,154,000 shall be derived from the 
Harbor Maintenance Trust Fund for administrative expenses 
related to the collection of the Harbor Maintenance Fee pursuant 
to section 9505(c)(3) of the Internal Revenue Code of 1986 (26 
U.S.C. 9505(c)(3)) and notwithstanding section 1511(e)(1) of the 
Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which not 
to exceed $45,000 shall be for official reception and representation 
expenses; of which not less than $271,679,000 shall be for Air 
and Marine Operations; of which $4,500,000 shall be for the 2010 
Olympics Coordination Center, of which not to exceed $2,000,000 
shall be available until September 30, 2010; of which $2,000,000 
shall be for Project SeaHawk; of which such sums as become avail-
able in the Customs User Fee Account, except sums subject to 
section 13031(f)(3) of the Consolidated Omnibus Budget Reconcili-
ation Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that 
account; of which not to exceed $150,000 shall be available for 
payment for rental space in connection with preclearance oper-
ations; and of which not to exceed $1,000,000 shall be for awards 
of compensation to informants, to be accounted for solely under 
the certificate of the Secretary of Homeland Security: Provided, 
That for fiscal year 2009, the overtime limitation prescribed in 
section 5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 267(c)(1)) 
shall be $35,000; and notwithstanding any other provision of law, 
none of the funds appropriated by this Act may be available to 
compensate any employee of U.S. Customs and Border Protection 
for overtime, from whatever source, in an amount that exceeds 
such limitation, except in individual cases determined by the Sec-
retary of Homeland Security, or the designee of the Secretary, 
to be necessary for national security purposes, to prevent excessive 
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122 STAT. 3655 
PUBLIC LAW 110–329—SEPT. 30, 2008 
costs, or in cases of immigration emergencies: Provided further, 
That no funding available under this heading may be obligated 
for the operation of the Analytical Framework for Intelligence Offi-
cers until the Commissioner of U.S. Customs and Border Protection 
certifies that this Framework complies with all applicable laws, 
including section 552a of title 5, United States Code, and other 
laws protecting privacy, and such certification is reviewed by the 
Inspector General of the Department of Homeland Security: Pro-
vided further, That the Commissioner shall submit to the Commit-
tees on Appropriations of the Senate and the House of Representa-
tives the results of operational field testing of cargo container 
security devices in high risk trade lanes no later than 120 days 
after the date of enactment of this Act. 
AUTOMATION MODERNIZATION 
For expenses for U.S. Customs and Border Protection auto-
mated systems, $511,334,000, to remain available until expended, 
of which not less than $316,851,000 shall be for the development 
of the Automated Commercial Environment: Provided, That of the 
total amount made available under this heading, $216,851,000 may 
not be obligated for the Automated Commercial Environment pro-
gram until 30 days after the Committees on Appropriations of 
the Senate and the House of Representatives receive a report on 
the results to date and plans for the program from the Department 
of Homeland Security. 
BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY 
For expenses for customs and border protection fencing, infra-
structure, and technology, $775,000,000, to remain available until 
expended: Provided, That of the amount provided under this 
heading, $400,000,000 shall not be obligated until the Committees 
on Appropriations of the Senate and the House of Representatives 
receive and approve a plan for expenditure, prepared by the Sec-
retary of Homeland Security and submitted not later than 90 days 
after the date of the enactment of this Act, for a program to 
establish and maintain a security barrier along the borders of 
the United States of fencing and vehicle barriers, where practicable, 
and other forms of tactical infrastructure and technology, that 
includes the following— 
(1) a detailed accounting of the program’s implementation 
to date for all investments, including technology and tactical 
infrastructure, for funding already expended relative to system 
capabilities or services, system performance levels, mission 
benefits and outcomes, milestones, cost targets, program 
management capabilities, identification of the maximum invest-
ment, including life cycle costs, related to the Secure Border 
Initiative program or any successor program, and description 
of the methodology used to obtain these cost figures; 
(2) a description of how specific projects will further the 
objectives of the Secure Border Initiative, as defined in the 
Department of Homeland Security Secure Border Plan, and 
how the expenditure plan allocates funding to the highest pri-
ority border security needs; 
(3) an explicit plan of action defining how all funds are 
to be obligated to meet future program commitments, with 
the planned expenditure of funds linked to the milestone-based 
Expenditure 
plan. 
Deadline. 
Deadline. 
Reports. 
Test results. 
Deadline. 
Certification. 
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122 STAT. 3656 
PUBLIC LAW 110–329—SEPT. 30, 2008 
delivery of specific capabilities, services, performance levels, 
mission benefits and outcomes, and program management 
capabilities; 
(4) an identification of staffing, including full-time equiva-
lents, contractors, and detailees, by program office; 
(5) a description of how the plan addresses security needs 
at the Northern border and ports of entry, including infrastruc-
ture, technology, design and operations requirements, specific 
locations where funding would be used, and priorities for 
Northern border activities; 
(6) a report on budget, obligations and expenditures, the 
activities completed, and the progress made by the program 
in terms of obtaining operational control of the entire border 
of the United States; 
(7) a listing of all open Government Accountability Office 
and the Office of Inspector General recommendations related 
to the program and the status of Department of Homeland 
Security actions to address the recommendations, including 
milestones to fully address such recommendations; 
(8) a certification by the Chief Procurement Officer of the 
Department that the program: (a) has been reviewed and 
approved in accordance with the investment management 
process of the Department, and that the process fulfills all 
capital planning and investment control requirements and 
reviews established by the Office of Management and Budget, 
including as provided in Circular A–11, part 7; (b) that the 
plans for the program comply with the Federal acquisition 
rules, requirements, guidelines, and practices, and a description 
of the actions being taken to address areas of non-compliance, 
the risks associated with such actions, together with any plans 
for addressing these risks, and the status of the implementation 
of such actions; (c) that procedures to prevent conflicts of 
interest between the prime integrator and major subcontractors 
are established and that the Secure Border Initiative Program 
Office has adequate staff and resources to effectively manage 
the Secure Border Initiative program, all contracts, including 
the exercise of technical oversight; and (d) the certifications 
required under this paragraph should be accompanied by all 
documents or memoranda, as well as documentation and a 
description of the investment review processes used to obtain 
such certifications; 
(9) a certification by the Chief Information Officer of the 
Department that: (a) the system architecture of the program 
is sufficiently aligned with the information systems enterprise 
architecture of the Department to minimize future rework, 
including a description of all aspects of the architectures that 
were or were not assessed in making the alignment determina-
tion, the date of the alignment determination, and any known 
areas of misalignment together with the associated risks and 
corrective actions to address any such areas; (b) the program 
has a risk management process that regularly and proactively 
identifies, evaluates, mitigates, and monitors risks throughout 
the system life cycle and communicates high-risk conditions 
to U.S. Customs and Border Protection and Department of 
Homeland Security investment decision-makers, as well as a 
listing of all the program’s high risks and the status of efforts 
to address such risks; (c) an independent verification and 
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122 STAT. 3657 
PUBLIC LAW 110–329—SEPT. 30, 2008 
validation agent is currently under contract for the projects 
funded under this heading; and (d) the certification required 
under this paragraph should be accompanied by all documents 
or memoranda, as well as documentation and a description 
of the investment review processes used to obtain such certifi-
cation; 
(10) a certification by the Chief Human Capital Officer 
of the Department that the human capital needs of the Secure 
Border Initiative program are being addressed so as to ensure 
adequate staff and resources to effectively manage the Secure 
Border Initiative, together with a description of SBI staffing 
priorities; 
(11) an analysis by the Secretary for each segment, defined 
as not more than 15 miles, of fencing or tactical infrastructure, 
of the selected approach compared to other, alternative means 
of achieving operational control, and such analysis should 
include cost, level of operational control, possible unintended 
effects on communities, and other factors critical to the decision 
making process; and 
(12) is reviewed by the Government Accountability Office: 
Provided further, That the Secretary shall report to the Committees 
on Appropriations of the Senate and the House of Representatives 
on program progress, and obligations and expenditures for all out-
standing task orders as well as specific objectives to be achieved 
through the award of current and remaining task orders planned 
for the balance of available appropriations at least 15 days before 
the award of any task order requiring an obligation of funds in 
an amount greater than $25,000,000 and before the award of a 
task order that would cause cumulative obligations of funds to 
exceed 50 percent of the total amount appropriated: Provided fur-
ther, That none of the funds provided under this heading may 
be obligated unless the Department has complied with section 
102(b)(1)(C)(i) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1103 note), and the Secretary 
certifies such to the Committees on Appropriations of the Senate 
and the House of Representatives: Provided further, That none 
of the funds under this heading may be obligated for any project 
or activity for which the Secretary has exercised waiver authority 
pursuant to section 102(c) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) until 
15 days have elapsed from the date of the publication of the decision 
in the Federal Register: Provided further, That notwithstanding 
the previous provisos, $100,000,000 of the amount provided under 
this heading shall be made available for obligation upon enactment 
of this Act without restriction. 
AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND 
PROCUREMENT 
For necessary expenses for the operations, maintenance, and 
procurement of marine vessels, aircraft, unmanned aircraft systems, 
and other related equipment of the air and marine program, 
including operational training and mission-related travel, and rental 
payments for facilities occupied by the air or marine interdiction 
and demand reduction programs, the operations of which include 
the following: the interdiction of narcotics and other goods; the 
provision of support to Federal, State, and local agencies in the 
enforcement or administration of laws enforced by the Department 
Waiver authority. 
Deadline. 
Federal Register, 
publication. 
Certification. 
Reports. 
Deadline. 
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122 STAT. 3658 
PUBLIC LAW 110–329—SEPT. 30, 2008 
of Homeland Security; and at the discretion of the Secretary of 
Homeland Security, the provision of assistance to Federal, State, 
and local agencies in other law enforcement and emergency humani-
tarian efforts, $528,000,000, to remain available until expended, 
of which $5,000,000 shall be to address private aircraft enforcement 
system noncompliance as specified in House Report 110–862: Pro-
vided, That no aircraft or other related equipment, with the excep-
tion of aircraft that are one of a kind and have been identified 
as excess to U.S. Customs and Border Protection requirements 
and aircraft that have been damaged beyond repair, shall be trans-
ferred to any other Federal agency, department, or office outside 
of the Department of Homeland Security during fiscal year 2009 
without the prior approval of the Committees on Appropriations 
of the Senate and the House of Representatives: Provided further, 
That of the total amount made available under this heading, 
$18,000,000 shall not be obligated until the Secretary notifies the 
Committees on Appropriations of the Senate and House of Rep-
resentatives that the Department of Homeland Security has imple-
mented the concept of operations described in section 544 of this 
Act. 
CONSTRUCTION 
For necessary expenses to plan, construct, renovate, equip, 
and maintain buildings and facilities necessary for the administra-
tion and enforcement of the laws relating to customs and immigra-
tion, $403,201,000, to remain available until expended, of which 
$39,700,000 shall be for the Advanced Training Center: Provided, 
That for fiscal year 2010 and thereafter, the annual budget submis-
sion of U.S. Customs and Border Protection for ‘‘Construction’’ 
shall, in consultation with the General Services Administration, 
include a detailed 5-year plan for all Federal land border port 
of entry projects with a yearly update of total projected future 
funding needs. 
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT 
SALARIES AND EXPENSES 
For necessary expenses for enforcement of immigration and 
customs laws, detention and removals, and investigations; and pur-
chase and lease of up to 3,790 (2,350 for replacement only) police- 
type vehicles; $4,927,210,000, of which not to exceed $7,500,000 
shall be available until expended for conducting special operations 
under section 3131 of the Customs Enforcement Act of 1986 (19 
U.S.C. 2081); of which not to exceed $15,000 shall be for official 
reception and representation expenses; of which not to exceed 
$1,000,000 shall be for awards of compensation to informants, to 
be accounted for solely under the certificate of the Secretary of 
Homeland Security; of which not less than $305,000 shall be for 
promotion of public awareness of the child pornography tipline 
and anti-child exploitation activities; of which not less than 
$5,400,000 shall be used to facilitate agreements consistent with 
section 287(g) of the Immigration and Nationality Act (8 U.S.C. 
1357(g)); and of which not to exceed $11,216,000 shall be available 
to fund or reimburse other Federal agencies for the costs associated 
with the care, maintenance, and repatriation of smuggled aliens 
unlawfully present in the United States: Provided, That none of 
Waiver authority. 
Plan. 
6 USC 214 note. 
Notification. 
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122 STAT. 3659 
PUBLIC LAW 110–329—SEPT. 30, 2008 
the funds made available under this heading shall be available 
to compensate any employee for overtime in an annual amount 
in excess of $35,000, except that the Secretary, or the designee 
of the Secretary, may waive that amount as necessary for national 
security purposes and in cases of immigration emergencies: Pro-
vided further, That of the total amount provided, $15,770,000 shall 
be for activities in fiscal year 2009 to enforce laws against forced 
child labor, of which not to exceed $6,000,000 shall remain available 
until expended: Provided further, That of the total amount available, 
not less than $1,000,000,000, of which $150,000,000 shall remain 
available until September 30, 2010, shall be available to identify 
aliens convicted of a crime, and who may be deportable, and to 
remove them from the United States once they are judged deport-
able: Provided further, That the Secretary, or the designee of the 
Secretary, shall report to the Committees on Appropriations of 
the Senate and the House of Representatives, at least quarterly, 
on progress implementing the preceding proviso, and the funds 
obligated during that quarter to make that progress: Provided fur-
ther, That the Secretary shall prioritize the identification and 
removal of aliens convicted of a crime by the severity of that 
crime: Provided further, That of the total amount provided, not 
less than $2,481,213,000 is for detention and removal operations, 
including transportation of unaccompanied minor aliens: Provided 
further, That of the total amount provided, $6,800,000 shall remain 
available until September 30, 2010, for the Visa Security Program: 
Provided further, That none of the funds provided under this 
heading may be used to continue a delegation of law enforcement 
authority authorized under section 287(g) of the Immigration and 
Nationality Act (8 U.S.C. 1357(g)) if the Department of Homeland 
Security Inspector General determines that the terms of the agree-
ment governing the delegation of authority have been violated: 
Provided further, That effective April 15, 2009, none of the funds 
provided under this heading may be used to continue any contract 
for the provision of detention services if the two most recent overall 
performance evaluations received by the contracted facility are less 
than ‘‘adequate’’ or the equivalent median score in any subsequent 
performance evaluation system: Provided further, That the Sec-
retary shall submit to the Committees on Appropriations of the 
Senate and the House of Representatives, not later than January 
5, 2009, a plan for nationwide implementation of the Alternatives 
to Detention program that identifies: (1) the funds required for 
nationwide program implementation; (2) the timeframe for 
achieving nationwide program implementation; and (3) an estimate 
of the number of individuals who could be enrolled in a nationwide 
program: Provided further, That nothing under this heading shall 
prevent U.S. Immigation and Customs Enforcement from exercising 
those authorities provided under immigration laws (as defined in 
section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(17))) during priority operations pertaining to aliens con-
victed of a crime. 
FEDERAL PROTECTIVE SERVICE 
The revenues and collections of security fees credited to this 
account shall be available until expended for necessary expenses 
related to the protection of federally-owned and leased buildings 
and for the operations of the Federal Protective Service: Provided, 
That the Secretary of Homeland Security and the Director of the 
Certification. 
Deadline. 
Deadline. 
Plan. 
Effective date. 
Contracts. 
Reports. 
Deadlines. 
Aliens. 
Aliens. 
Child labor. 
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122 STAT. 3660 
PUBLIC LAW 110–329—SEPT. 30, 2008 
Office of Management and Budget shall certify in writing to the 
Committees on Appropriations of the Senate and the House of 
Representatives no later than December 31, 2008, that the oper-
ations of the Federal Protective Service will be fully funded in 
fiscal year 2009 through revenues and collection of security fees, 
and shall adjust the fees to ensure fee collections are sufficient 
to ensure that the Federal Protective Service maintains not fewer 
than 1,200 full-time equivalent staff and 900 full-time equivalent 
Police Officers, Inspectors, Area Commanders, and Special Agents 
who, while working, are directly engaged on a daily basis protecting 
and enforcing laws at Federal buildings (referred to as ‘‘in-service 
field staff’’). 
AUTOMATION MODERNIZATION 
For expenses of immigration and customs enforcement auto-
mated systems, $57,000,000, to remain available until expended: 
Provided, That of the funds made available under this heading, 
$5,000,000 shall not be obligated until the Committees on Appro-
priations of the Senate and the House of Representatives receive 
an expenditure plan prepared by the Secretary of Homeland Secu-
rity. 
CONSTRUCTION 
For necessary expenses to plan, construct, renovate, equip, 
and maintain buildings and facilities necessary for the administra-
tion and enforcement of the laws relating to customs and immigra-
tion, $5,000,000, to remain available until expended: Provided, That 
none of the funds made available under this heading may be used 
to solicit or consider any request to privatize facilities currently 
owned by the United States Government and used to detain aliens 
unlawfully present in the United States until the Committees on 
Appropriations of the Senate and the House of Representatives 
receive a plan for carrying out that privatization. 
TRANSPORTATION SECURITY ADMINISTRATION 
AVIATION SECURITY 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of the Transportation Security Adminis-
tration related to providing civil aviation security services pursuant 
to the Aviation and Transportation Security Act (Public Law 107– 
71; 115 Stat. 597; 49 U.S.C. 40101 note), $4,754,518,000, to remain 
available until September 30, 2010, of which not to exceed $10,000 
shall be for official reception and representation expenses: Provided, 
That of the total amount made available under this heading, not 
to exceed $3,935,710,000 shall be for screening operations, of which 
$621,106,000 shall be available for explosives detection systems; 
and not to exceed $798,808,000 shall be for aviation security direc-
tion and enforcement: Provided further, That of the amount made 
available in the preceding proviso for explosives detection systems, 
$294,000,000 shall be available for the purchase and installation 
of these systems, of which not less than $84,500,000 shall be avail-
able for the purchase and installation of certified explosives detec-
tion systems at medium- and small-sized airports: Provided further, 
That the purchase of screening equipment for medium- and small- 
Privatization 
plan. 
Expenditure 
plan. 
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122 STAT. 3661 
PUBLIC LAW 110–329—SEPT. 30, 2008 
sized airports must be competitively awarded: Provided further, 
That any award to deploy explosives detection systems shall be 
based on risk, the airports current reliance on other screening 
solutions, lobby congestion resulting in increased security concerns, 
high injury rates, airport readiness, and increased cost effectiveness: 
Provided further, That security service fees authorized under section 
44940 of title 49, United States Code, shall be credited to this 
appropriation as offsetting collections and shall be available only 
for aviation security: Provided further, That any funds collected 
and made available from aviation security fees pursuant to section 
44940(i) of title 49, United States Code, may, notwithstanding para-
graph (4) of such section 44940(i), be expended for the purpose 
of improving screening at airport screening checkpoints, which may 
include the purchase and utilization of emerging technology equip-
ment; the refurbishment and replacement of current equipment; 
the installation of surveillance systems to monitor checkpoint activi-
ties; the modification of checkpoint infrastructure to support check-
point reconfigurations; and the creation of additional checkpoints 
to screen aviation passengers and airport personnel: Provided fur-
ther, That of the amounts provided under this heading, $20,000,000 
may be transferred to the ‘‘Surface Transportation Security’’, 
‘‘Transportation Threat Assessment and Credentialing’’, and 
‘‘Transportation Security Support’’ appropriations in this Act for 
the purpose of implementing regulations and activities authorized 
in the Implementing Recommendations of the 9/11 Commission 
Act of 2007 (Public Law 110–53): Provided further, That the sum 
appropriated under this heading from the general fund shall be 
reduced on a dollar-for-dollar basis as such offsetting collections 
are received during fiscal year 2009, so as to result in a final 
fiscal year appropriation from the general fund estimated at not 
more than $2,434,518,000: Provided further, That any security 
service fees collected in excess of the amount made available under 
this heading shall become available during fiscal year 2010: Pro-
vided further, That Members of the United States House of Rep-
resentatives and United States Senate, including the leadership; 
the heads of Federal agencies and commissions, including the Sec-
retary, Under Secretaries, and Assistant Secretaries of the Depart-
ment of Homeland Security; the United States Attorney General 
and Assistant Attorneys General and the United States attorneys; 
and senior members of the Executive Office of the President, 
including the Director of the Office of Management and Budget; 
shall not be exempt from Federal passenger and baggage screening. 
SURFACE TRANSPORTATION SECURITY 
For necessary expenses of the Transportation Security Adminis-
tration related to providing surface transportation security activi-
ties, $49,606,000, to remain available until September 30, 2010. 
TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING 
For necessary expenses for the development and implementa-
tion of screening programs of the Office of Transportation Threat 
Assessment and Credentialing, $116,018,000, to remain available 
until September 30, 2010: Provided, That if the Assistant Secretary 
of Homeland Security (Transportation Security Administration) 
determines that the Secure Flight program does not need to check 
airline passenger names against the full terrorist watch list, the 
Certification. 
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122 STAT. 3662 
PUBLIC LAW 110–329—SEPT. 30, 2008 
Assistant Secretary shall certify to the Committees on Appropria-
tions of the Senate and the House of Representatives that no 
significant security risks are raised by screening airline passenger 
names only against a subset of the full terrorist watch list. 
TRANSPORTATION SECURITY SUPPORT 
For necessary expenses of the Transportation Security Adminis-
tration related to providing transportation security support and 
intelligence pursuant to the Aviation and Transportation Security 
Act (Public Law 107–71; 115 Stat. 597; 49 U.S.C. 40101 note), 
$947,735,000, to remain available until September 30, 2010: Pro-
vided, That of the funds appropriated under this heading, 
$20,000,000 may not be obligated for headquarters administration 
until the Secretary of Homeland Security submits to the Committees 
on Appropriations of the Senate and the House of Representatives 
detailed expenditure plans for checkpoint support and explosives 
detection systems refurbishment, procurement, and installations 
on an airport-by-airport basis for fiscal year 2009: Provided further, 
That these plans shall be submitted no later than 60 days after 
the date of enactment of this Act. 
FEDERAL AIR MARSHALS 
For necessary expenses of the Federal Air Marshals, 
$819,481,000. 
COAST GUARD 
OPERATING EXPENSES 
For necessary expenses for the operation and maintenance of 
the Coast Guard, not otherwise provided for; purchase or lease 
of not to exceed 25 passenger motor vehicles, which shall be for 
replacement only; for purchase or lease of small boats for contingent 
and emergent requirements (at a unit cost of no more than 
$700,000) and for repairs and service-life replacements, not to 
exceed a total of $26,000,000; minor shore construction projects 
not exceeding $1,000,000 in total cost at any location; payments 
pursuant to section 156 of Public Law 97–377 (42 U.S.C. 402 
note; 96 Stat. 1920); and recreation and welfare; $6,194,925,000, 
of which $340,000,000 shall be for defense-related activities; of 
which $24,500,000 shall be derived from the Oil Spill Liability 
Trust Fund to carry out the purposes of section 1012(a)(5) of the 
Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); of which not to 
exceed $20,000 shall be for official reception and representation 
expenses; and of which $3,600,000 shall be available until expended 
for the cost of repairing, rehabilitating, altering, modifying, and 
making improvements, including customized tenant improvements, 
to any replacement or expanded Operations Systems Center facility: 
Provided, That none of the funds made available by this or any 
other Act shall be available for administrative expenses in connec-
tion with shipping commissioners in the United States: Provided 
further, That none of the funds made available by this Act shall 
be for expenses incurred for recreational vessels under section 12114 
of title 46, United States Code, except to the extent fees are collected 
from yacht owners and credited to this appropriation: Provided 
Financial plan. 
Deadline. 
Deadline. 
Expenditure 
plans. 
Explosives 
detection. 
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122 STAT. 3663 
PUBLIC LAW 110–329—SEPT. 30, 2008 
further, That the Commandant shall submit a financial manage-
ment improvement plan that has been reviewed by the Inspector 
General of the Department of Homeland Security containing yearly, 
measurable milestones, to the Committees on Appropriations of 
the Senate and the House of Representatives by December 1, 2008: 
Provided further, That the Coast Guard shall comply with the 
requirements of section 527 of Public Law 108-136 with respect 
to the Coast Guard Academy: Provided further, That notwith-
standing section 503 of this Act, amounts not to exceed 5 percent 
of the total amount appropriated under this heading may be trans-
ferred to the ‘‘Acquisition, Construction, and Improvements’’ appro-
priation, to be available under the terms and conditions applicable 
to that appropriation, and to be available for personnel compensa-
tion and benefits and related costs to adjust personnel assignment 
to accelerate management and oversight of new or existing projects 
without detrimentally affecting the management and oversight of 
other projects: Provided further, That the amount made available 
for ‘‘Personnel, Compensation, and Benefits’’ in the ‘‘Acquisition, 
Construction, and Improvements’’ appropriation shall not be 
increased by more than 10 percent by such transfers: Provided 
further, That the Committees on Appropriations of the Senate and 
the House of Representatives shall be notified of each transfer 
within 10 days after it is executed. 
ENVIRONMENTAL COMPLIANCE AND RESTORATION 
For necessary expenses to carry out the environmental compli-
ance and restoration functions of the Coast Guard under chapter 
19 of title 14, United States Code, $13,000,000, to remain available 
until expended. 
RESERVE TRAINING 
For necessary expenses of the Coast Guard Reserve, as author-
ized by law; operations and maintenance of the reserve program; 
personnel and training costs; and equipment and services; 
$130,501,000. 
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS 
For necessary expenses of acquisition, construction, renovation, 
and improvement of aids to navigation, shore facilities, vessels, 
and aircraft, including equipment related thereto; and maintenance, 
rehabilitation, lease and operation of facilities and equipment, as 
authorized by law; $1,494,576,000, of which $20,000,000 shall be 
derived from the Oil Spill Liability Trust Fund to carry out the 
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 
(33 U.S.C. 2712(a)(5)); of which $113,000,000 shall be available 
until September 30, 2013, to acquire, repair, renovate, or improve 
vessels, small boats, and related equipment; of which $89,174,000 
shall be available until September 30, 2011, for other equipment; 
of which $68,000,000 shall be available until September 30, 2011, 
for shore facilities and aids to navigation facilities, including 
$3,000,000 for Sector Buffalo and $15,000,000 for the Rescue 
Swimmer Training Facility; of which $92,830,000 shall be available 
for personnel compensation and benefits and related costs; of which 
$97,578,000 shall be available until expended for a new Coast 
Guard and Department of Homeland Security headquarters; and 
Notification. 
Deadline. 
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122 STAT. 3664 
PUBLIC LAW 110–329—SEPT. 30, 2008 
of which $1,033,994,000 shall be available until September 30, 
2013, for the Integrated Deepwater Systems program: Provided, 
That of the funds made available for the Integrated Deepwater 
Systems program, $244,550,000 is for aircraft and $571,003,000 
is for surface ships: Provided further, That $350,000,000 of the 
funds provided for the Integrated Deepwater Systems program may 
not be obligated until the Committees on Appropriations of the 
Senate and the House of Representatives receive directly from 
the Coast Guard and approve a plan for expenditure that— 
(1) defines activities, milestones, yearly costs, and life cycle 
costs for each new procurement of a major asset, including 
an independent cost estimate for each; 
(2) identifies life cycle staffing and training needs of Coast 
Guard project managers and procurement and contract staff; 
(3) identifies competition to be conducted in, and summa-
rizes the approved acquisition strategy for, each procurement; 
(4) includes a certification by the Chief Human Capital 
Officer of the Department of Homeland Security that current 
human capital capabilities are sufficient to execute the expendi-
ture plan; 
(5) includes an explanation of each procurement that 
involves an indefinite delivery/indefinite quantity contract and 
explains the need for such contract; 
(6) identifies individual project balances by fiscal year, 
including planned carryover into fiscal year 2010 by project; 
(7) identifies operational gaps by asset and explains how 
funds provided in this Act address the shortfalls between cur-
rent operational capabilities and requirements; 
(8) includes a listing of all open Government Accountability 
Office and Office of Inspector General recommendations related 
to the program and the status of Coast Guard actions to address 
the recommendations, including milestones for fully addressing 
them; 
(9) includes a certification by the Chief Procurement Officer 
of the Department that the program has been reviewed and 
approved in accordance with the investment management 
process of the Department, and that the process fulfills all 
capital planning and investment control requirements and 
reviews established by the Office of Management and Budget, 
including Circular A–11, part 7; 
(10) identifies use of the Defense Contract Audit Agency; 
(11) includes a certification by the head of contracting 
activity for the Coast Guard and the Chief Procurement Officer 
of the Department that the plans for the program comply 
with the Federal acquisition rules, requirements, guidelines, 
and practices, and a description of the actions being taken 
to address areas of non-compliance, the risks associated with 
them along with plans for addressing these risks, and the 
status of their implementation; 
(12) identifies the use of independent validation and 
verification; and 
(13) is reviewed by the Government Accountability Office: 
Provided further, That no funding may be obligated for low rate 
initial production or initial production of any Integrated Deepwater 
Systems program asset until Coast Guard revises its Major Systems 
Acquisition Manual procedures to require a formal design review 
prior to the authorization of low rate initial production or initial 
Expenditure 
plan. 
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122 STAT. 3665 
PUBLIC LAW 110–329—SEPT. 30, 2008 
production: Provided further, That the Secretary of Homeland Secu-
rity shall submit to the Committees on Appropriations of the Senate 
and the House of Representatives, in conjunction with the Presi-
dent’s fiscal year 2010 budget, a review of the Revised Deepwater 
Implementation Plan that identifies any changes to the plan for 
the fiscal year; an annual performance comparison of Integrated 
Deepwater Systems program assets to pre-Deepwater legacy assets; 
a status report of legacy assets; a detailed explanation of how 
the costs of legacy assets are being accounted for within the 
Integrated Deepwater Systems program; and the earned value 
management system gold card data for each Integrated Deepwater 
Systems program asset: Provided further, That the Secretary shall 
submit to the Committees on Appropriations of the Senate and 
the House of Representatives a comprehensive review of the Revised 
Deepwater Implementation Plan every 5 years, beginning in fiscal 
year 2011, that includes a complete projection of the acquisition 
costs and schedule for the duration of the plan through fiscal 
year 2027: Provided further, That the Secretary shall annually 
submit to the Committees on Appropriations of the Senate and 
the House of Representatives, at the time that the President’s 
budget is submitted under section 1105(a) of title 31, United States 
Code, a future-years capital investment plan for the Coast Guard 
that identifies for each capital budget line item— 
(1) the proposed appropriation included in that budget; 
(2) the total estimated cost of completion; 
(3) projected funding levels for each fiscal year for the 
next 5 fiscal years or until project completion, whichever is 
earlier; 
(4) an estimated completion date at the projected funding 
levels; and 
(5) changes, if any, in the total estimated cost of completion 
or estimated completion date from previous future-years capital 
investment plans submitted to the Committees on Appropria-
tions of the Senate and the House of Representatives: 
Provided further, That the Secretary shall ensure that amounts 
specified in the future-years capital investment plan are consistent 
to the maximum extent practicable with proposed appropriations 
necessary to support the programs, projects, and activities of the 
Coast Guard in the President’s budget as submitted under section 
1105(a) of title 31, United States Code, for that fiscal year: Provided 
further, That any inconsistencies between the capital investment 
plan and proposed appropriations shall be identified and justified: 
Provided further, That subsections (a), and (b) of section 6402 
of the U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, 
and Iraq Accountability Appropriations Act, 2007 (Public Law 110– 
28) shall apply to fiscal year 2009: Provided further, That notwith-
standing section 503 of this Act, amounts transferred from the 
‘‘Operating Expenses’’ appropriation for personnel compensation and 
benefits and related costs to adjust personnel assignment to accel-
erate management and oversight of new or existing projects may 
be transferred to the ‘‘Operating Expenses’’ appropriation to be 
merged with that appropriation, to be available under the same 
terms and conditions for which that appropriation is available, 
when no longer required for project acceleration or oversight, or 
to otherwise adjust personnel assignment: Provided further, That 
the Committees on Appropriations of the Senate and the House 
Notification. 
Deadline. 
Applicability. 
Deadline. 
Investment plan. 
14 USC 663 note. 
Reports. 
Deadline. 
Effective date. 
14 USC 663 note. 
Reports. 
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122 STAT. 3666 
PUBLIC LAW 110–329—SEPT. 30, 2008 
of Representatives shall be notified of each transfer within 30 
days after it is executed. 
ALTERATION OF BRIDGES 
For necessary expenses for alteration or removal of obstructive 
bridges, as authorized by section 6 of the Truman-Hobbs Act (33 
U.S.C. 516), $16,000,000, to remain available until expended: Pro-
vided, That of the amounts made available under this heading, 
$2,000,000 shall be for the Burlington Northern Railroad Bridge 
in Burlington, Iowa; $2,000,000 shall be for the Canadian Pacific 
Railway Bridge in La Crosse, Wisconsin; $2,000,000 shall be for 
the Chelsea Street Bridge in Chelsea, Massachusetts; $2,000,000 
shall be for the Elgin, Joliet, and Eastern Railway Company Bridge 
in Morris, Illinois; $4,000,000 shall be for the Fourteen Mile Bridge 
in Mobile, Alabama; and $4,000,000 shall be for the Galveston 
Causeway Bridge in Galveston, Texas. 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
For necessary expenses for applied scientific research, develop-
ment, test, and evaluation; and for maintenance, rehabilitation, 
lease, and operation of facilities and equipment; as authorized by 
law; $18,000,000, to remain available until expended, of which 
$500,000 shall be derived from the Oil Spill Liability Trust Fund 
to carry out the purposes of section 1012(a)(5) of the Oil Pollution 
Act of 1990 (33 U.S.C. 2712(a)(5)): Provided, That there may be 
credited to and used for the purposes of this appropriation funds 
received from State and local governments, other public authorities, 
private sources, and foreign countries for expenses incurred for 
research, development, testing, and evaluation. 
RETIRED PAY 
For retired pay, including the payment of obligations otherwise 
chargeable to lapsed appropriations for this purpose, payments 
under the Retired Serviceman’s Family Protection and Survivor 
Benefits Plans, payment for career status bonuses, concurrent 
receipts and combat-related special compensation under the 
National Defense Authorization Act, and payments for medical care 
of retired personnel and their dependents under chapter 55 of 
title 10, United States Code, $1,236,745,000, to remain available 
until expended. 
UNITED STATES SECRET SERVICE 
SALARIES AND EXPENSES 
For necessary expenses of the United States Secret Service, 
including purchase of not to exceed 675 vehicles for police-type 
use, of which 645 shall be for replacement only, and hire of pas-
senger motor vehicles; purchase of motorcycles made in the United 
States; hire of aircraft; services of expert witnesses at such rates 
as may be determined by the Director of the Secret Service; rental 
of buildings in the District of Columbia, and fencing, lighting, 
guard booths, and other facilities on private or other property 
not in Government ownership or control, as may be necessary 
to perform protective functions; payment of per diem or subsistence 
allowances to employees where a protective assignment during the 
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122 STAT. 3667 
PUBLIC LAW 110–329—SEPT. 30, 2008 
actual day or days of the visit of a protectee requires an employee 
to work 16 hours per day or to remain overnight at a post of 
duty; conduct of and participation in firearms matches; presentation 
of awards; travel of United States Secret Service employees on 
protective missions without regard to the limitations on such 
expenditures in this or any other Act if approval is obtained in 
advance from the Committees on Appropriations of the Senate 
and the House of Representatives; research and development; grants 
to conduct behavioral research in support of protective research 
and operations; and payment in advance for commercial accom-
modations as may be necessary to perform protective functions; 
$1,408,729,000; of which not to exceed $25,000 shall be for official 
reception and representation expenses; of which not to exceed 
$100,000 shall be to provide technical assistance and equipment 
to foreign law enforcement organizations in counterfeit investiga-
tions; of which $2,366,000 shall be for forensic and related support 
of investigations of missing and exploited children; and of which 
$6,000,000 shall be for a grant for activities related to the investiga-
tions of missing and exploited children and shall remain available 
until expended: Provided, That up to $18,000,000 provided for 
protective travel shall remain available until September 30, 2010: 
Provided further, That up to $1,000,000 for National Special Secu-
rity Events shall remain available until expended: Provided further, 
That the United States Secret Service is authorized to obligate 
funds in anticipation of reimbursements from Federal agencies and 
entities, as defined in section 105 of title 5, United States Code, 
receiving training sponsored by the James J. Rowley Training 
Center, except that total obligations at the end of the fiscal year 
shall not exceed total budgetary resources available under this 
heading at the end of the fiscal year: Provided further, That none 
of the funds made available under this heading shall be available 
to compensate any employee for overtime in an annual amount 
in excess of $35,000, except that the Secretary of Homeland Secu-
rity, or the designee of the Secretary, may waive that amount 
as necessary for national security purposes: Provided further, That 
the limitation in the preceding proviso shall not take effect until 
the Director of the Office of Management and Budget submits 
to the Committees on Appropriations of the Senate and the House 
of Representatives a report certifying that such a limitation on 
compensation will not have a significant effect on operations of 
the United States Secret Service: Provided further, That none of 
the funds appropriated to the United States Secret Service by 
this Act or by previous appropriations Acts may be made available 
for the protection of the head of a Federal agency other than 
the Secretary of Homeland Security: Provided further, That the 
Director of the United States Secret Service may enter into an 
agreement to perform such service on a fully reimbursable basis. 
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED 
EXPENSES 
For necessary expenses for acquisition, construction, repair, 
alteration, and improvement of facilities, $4,225,000, to remain 
available until expended: Provided, That of the total amount pro-
vided, $250,000 is for a perimeter security and noise abatement 
study at the James J. Rowley Training Center. 
Reports. 
Certification. 
Waiver authority. 
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122 STAT. 3668 
PUBLIC LAW 110–329—SEPT. 30, 2008 
TITLE III 
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY 
NATIONAL PROTECTION AND PROGRAMS DIRECTORATE 
MANAGEMENT AND ADMINISTRATION 
For salaries and expenses of the Office of the Under Secretary 
for the National Protection and Programs Directorate, support for 
operations, information technology, and the Office of Risk Manage-
ment and Analysis, $51,350,000: Provided, That not to exceed 
$5,000 shall be for official reception and representation expenses. 
INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY 
For necessary expenses for infrastructure protection and 
information security programs and activities, as authorized by title 
II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), 
$806,913,000, of which $720,116,000 shall remain available until 
September 30, 2010: Provided, That of the total amount provided, 
$20,000,000 is for necessary expenses of the National Infrastructure 
Simulation and Analysis Center: Provided further, That of the 
amount made available under this heading, $127,462,000 may not 
be obligated for the National Cyber Security Initiative program 
and $25,125,000 may not be obligated for the Next Generation 
Networks program until the Committees on Appropriations of the 
Senate and the House of Representatives receive and approve a 
plan for expenditure for that program that describes the strategic 
context of the program; the specific goals and milestones set for 
the program; and the funds allocated to achieving each of those 
goals: Provided further, That of the total amount provided, 
$2,000,000 is for Philadelphia infrastructure monitoring; $3,000,000 
is for protection of critical underground infrastructure in major 
urban areas; $1,000,000 is for improved improvised explosive device 
mapping and modeling tools; $3,500,000 is for State and local 
cyber security training; and $4,000,000 is for the Power and Cyber 
Systems Protection, Analysis, and Testing Program at the Idaho 
National Laboratory. 
UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR 
TECHNOLOGY 
For necessary expenses for the development of the United 
States Visitor and Immigrant Status Indicator Technology project, 
as authorized by section 110 of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), 
$300,000,000, to remain available until expended: Provided, That 
of the total amount made available under this heading, $75,000,000 
may not be obligated for the United States Visitor and Immigrant 
Status Indicator Technology project until the Committees on Appro-
priations of the Senate and the House of Representatives receive 
a plan for expenditure prepared by the Secretary of Homeland 
Security that includes— 
(1) a detailed accounting of the program’s progress to date 
relative to system capabilities or services, system performance 
levels, mission benefits and outcomes, milestones, cost targets, 
and program management capabilities; 
Expenditure 
plan. 
Expenditure 
plan. 
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122 STAT. 3669 
PUBLIC LAW 110–329—SEPT. 30, 2008 
(2) an explicit plan of action defining how all funds are 
to be obligated to meet future program commitments, with 
the planned expenditure of funds linked to the milestone-based 
delivery of specific capabilities, services, performance levels, 
mission benefits and outcomes, and program management 
capabilities; 
(3) a listing of all open Government Accountability Office 
and Office of Inspector General recommendations related to 
the program and the status of Department of Homeland Secu-
rity actions to address the recommendations, including mile-
stones for fully addressing such recommendations; 
(4)(a) a certification by the Chief Procurement Officer of 
the Department that (1) the program has been reviewed and 
approved in accordance with the investment management 
process of the Department; (2) the process fulfills all capital 
planning and investment control requirements and reviews 
established by the Office of Management and Budget, including 
as provided in Circular A–11, part 7; and (3) the plans for 
the program comply with the Federal acquisition rules, require-
ments, guidelines, and practices; and (b) a description by the 
Chief Procurement Officer of the actions being taken to address 
areas of non-compliance, the risks associated with such areas 
as well as any plans for addressing such risks, and the status 
of the implementation of such actions; 
(5)(a) a certification by the Chief Information Officer of 
the Department that (1) an independent verification and valida-
tion agent is currently under contract for the project; (2) the 
system architecture of the program is sufficiently aligned with 
the information systems enterprise architecture of the Depart-
ment to minimize future rework, including a description of 
all aspects of the architecture that were or were not assessed 
in making the alignment determination, the date of the align-
ment determination, and any known areas of misalignment 
along with the associated risks and corrective actions to address 
any such areas; and (3) the program has a risk management 
process that regularly identifies, evaluates, mitigates, and mon-
itors risks throughout the system life cycle, and communicates 
high-risk conditions to agency and Department investment deci-
sion makers; and (b) a listing by the Chief Information Officer 
of all the program’s high risks and the status of efforts to 
address them; 
(6) a certification by the Chief Human Capital Officer of 
the Department that the human capital needs of the program 
are being strategically and proactively managed, and that cur-
rent human capital capabilities are sufficient to execute the 
plans discussed in the report; 
(7) a complete schedule for the full implementation of a 
biometric exit program or a certification that such program 
is not possible within 5 years; and 
(8) a detailed accounting of operation and maintenance, 
contractor services, and program costs associated with the 
management of identity services: 
Provided further, That no funding under this heading shall be 
obligated for implementation of a final air exit solution pursuant 
to the notice of proposed rulemaking (DHS–2008–0039) published 
on April 24, 2008, until the Committees on Appropriations of the 
Senate and the House of Representatives receive a report on pilot 
Reports. 
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122 STAT. 3670 
PUBLIC LAW 110–329—SEPT. 30, 2008 
tests of the air exit solution, which shall be reviewed by the Govern-
ment Accountability Office, and which shall test at least two sce-
narios: (a) where the airlines collect and transmit biometric exit 
data as proposed in the notice of proposed rulemaking and (b) 
where U.S. Customs and Border Protection collects such information 
at the departure gates. 
OFFICE OF HEALTH AFFAIRS 
For necessary expenses of the Office of Health Affairs, 
$157,191,000, of which $29,210,000 is for salaries and expenses; 
and of which $127,981,000 is to remain available until September 
30, 2010, for biosurveillance, BioWatch, medical readiness planning, 
chemical response, and other activities: Provided, That not to exceed 
$3,000 shall be for official reception and representation expenses. 
FEDERAL EMERGENCY MANAGEMENT AGENCY 
MANAGEMENT AND ADMINISTRATION 
For necessary expenses for management and administration 
of the Federal Emergency Management Agency, $837,437,000, 
including activities authorized by the National Flood Insurance 
Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 
et seq.), the Defense Production Act of 1950 (50 U.S.C. App. 2061 
et seq.), sections 107 and 303 of the National Security Act of 
1947 (50 U.S.C. 404, 405), Reorganization Plan No. 3 of 1978 
(5 U.S.C. App.), the Homeland Security Act of 2002 (6 U.S.C. 
101 et seq.), and the Post-Katrina Emergency Management Reform 
Act of 2006 (Public Law 109–295; 120 Stat. 1394): Provided, That 
not to exceed $3,000 shall be for official reception and representation 
expenses: Provided further, That the President’s budget submitted 
under section 1105(a) of title 31, United States Code, shall be 
detailed by office for the Federal Emergency Management Agency: 
Provided further, That $10,000,000 shall not be available for obliga-
tion until the Secretary of Homeland Security, in coordination with 
the Administrator of the Federal Emergency Management Agency, 
certifies and reports to the Committees on Appropriations of the 
Senate and the House of Representatives that processes to incor-
porate stakeholder input for grant guidance development and award 
distribution have been: (1) developed to ensure transparency and 
increased consultation about security needs for all-hazards; (2) for-
malized and made clear to stakeholders; and (3) formalized to 
ensure future use for each fiscal year: Provided further, That of 
the total amount made available under this heading, $5,000,000 
shall be for the development of tools and systems to measure 
the achievement and effectiveness of first responder grant programs: 
Provided further, That of the total amount made available under 
this heading, $32,500,000 shall be for the Urban Search and Rescue 
Response System, of which not to exceed $1,600,000 may be made 
available for administrative costs; $2,200,000 shall be for the Pacific 
Region Homeland Security Center, Honolulu, Hawaii, $5,000,000 
shall be for the State of North Carolina, and $2,425,000 shall 
be for the Commonwealth of Kentucky, as detailed in the statement 
accompanying this Act; and $6,342,000 shall be for the Office of 
National Capital Region Coordination: Provided further, That for 
West Virginia. 
Pennsylvania. 
Disaster 
evacuation. 
Certification. 
Reports. 
Federal budget. 
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122 STAT. 3671 
PUBLIC LAW 110–329—SEPT. 30, 2008 
purposes of planning, coordination, execution, and decision-making 
related to mass evacuation during a disaster, the Governors of 
the State of West Virginia and the Commonwealth of Pennsylvania, 
or their designees, shall be incorporated into efforts to integrate 
the activities of Federal, State, and local governments in the 
National Capital Region, as defined in section 882 of Public Law 
107–296, the Homeland Security Act of 2002. 
STATE AND LOCAL PROGRAMS 
(INCLUDING TRANSFER OF FUNDS) 
For grants, contracts, cooperative agreements, and other activi-
ties, $3,105,700,000 shall be allocated as follows: 
(1) $950,000,000 shall be for the State Homeland Security 
Grant Program under section 2004 of the Homeland Security 
Act of 2002 (6 U.S.C. 605): Provided, That of the amount 
provided by this paragraph, $60,000,000 shall be for Operation 
Stonegarden: Provided further, That notwithstanding sub-
section (c)(4) of such section 2004, for fiscal year 2009, the 
Commonwealth of Puerto Rico shall make available to local 
and tribal governments amounts provided to the Common-
wealth of Puerto Rico under this paragraph in accordance with 
subsection (c)(1) of such section 2004. 
(2) $837,500,000 shall be for the Urban Area Security Ini-
tiative under section 2003 of the Homeland Security Act of 
2002 (6 U.S.C. 604), of which, notwithstanding subsection (c)(1) 
of such section, $15,000,000 shall be for grants to organizations 
(as described under section 501(c)(3) of the Internal Revenue 
Code of 1986 and exempt from tax section 501(a) of such 
code) determined by the Secretary of Homeland Security to 
be at high risk of a terrorist attack. 
(3) $35,000,000 shall be for Regional Catastrophic 
Preparedness Grants. 
(4) $41,000,000 shall be for the Metropolitan Medical 
Response System under section 635 of the Post-Katrina Emer-
gency Management Reform Act of 2006 (6 U.S.C. 723). 
(5) $15,000,000 shall be for the Citizen Corps Program. 
(6) $400,000,000 shall be for Public Transportation Security 
Assistance and Railroad Security Assistance under sections 
1406 and 1513 of the Implementing Recommendations of the 
9/11 Commission Act of 2007 (Public Law 110–53; 6 U.S.C. 
1135 and 1163), of which not less than $25,000,000 shall be 
for Amtrak security: Provided, That there shall be no cost 
share requirement for funds made available under this para-
graph and made available for these same purposes in Public 
Law 110–161: Provided further, That such public transportation 
security assistance shall be provided directly to public transpor-
tation agencies. 
(7) $400,000,000 shall be for Port Security Grants in accord-
ance with 46 U.S.C. 70107. 
(8) $12,000,000 shall be for Over-the-Road Bus Security 
Assistance under section 1532 of the Implementing Rec-
ommendations of the 9/11 Commission Act of 2007 (Public 
Law 110–53; 6 U.S.C. 1182). 
(9) $8,000,000 shall be for Trucking Industry Security 
Grants. 
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122 STAT. 3672 
PUBLIC LAW 110–329—SEPT. 30, 2008 
(10) $50,000,000 shall be for Buffer Zone Protection Pro-
gram Grants. 
(11) $8,000,000 shall be for the Commercial Equipment 
Direct Assistance Program. 
(12) $50,000,000 shall be for the Interoperable Emergency 
Communications Grant Program under section 1809 of the 
Homeland Security Act of 2002 (6 U.S.C. 579). 
(13) $35,000,000 shall remain available until expended, 
for grants for Emergency Operations Centers under section 
614 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5196c), as detailed in the statement 
accompanying this Act. 
(14) $264,200,000 shall be for training, exercises, technical 
assistance, and other programs, of which— 
(A) $164,500,000 is for purposes of training in accord-
ance with section 1204 of the Implementing Recommenda-
tions of the 9/11 Commission Act of 2007 (6 U.S.C. 1102), 
of which $62,500,000 shall be for the Center for Domestic 
Preparedness; $23,000,000 shall be for the National Ener-
getic Materials Research and Testing Center, New Mexico 
Institute of Mining and Technology; $23,000,000 shall be 
for the National Center for Biomedical Research and 
Training, Louisiana State University; $23,000,000 shall be 
for the National Emergency Response and Rescue Training 
Center, Texas A&M University; $23,000,000 shall be for 
the National Exercise, Test, and Training Center, Nevada 
Test Site; $5,000,000 shall be for the Transportation Tech-
nology Center, Incorporated, in Pueblo, Colorado; and 
$5,000,000 shall be for the National Disaster Preparedness 
Training Center, University of Hawaii, Honolulu, Hawaii; 
and 
(B) $1,700,000 for the Center for Counterterrorism and 
Cyber Crime, Norwich University, Northfield, Vermont: 
Provided, That not to exceed 3 percent of the amounts provided 
under this heading may be transferred to the Federal Emergency 
Management Agency ‘‘Management and Administration’’ account 
for program administration, and an expenditure plan for program 
administration shall be provided to the Committees on Appropria-
tions of the Senate and the House of Representatives within 60 
days of the date of enactment of this Act: Provided further, That 
for grants under paragraphs (1) through (5), the applications for 
grants shall be made available to eligible applicants not later than 
25 days after the date of enactment of this Act, that eligible 
applicants shall submit applications not later than 90 days after 
the grant announcement, and that the Administrator of the Federal 
Emergency Management Agency shall act within 90 days after 
receipt of an application: Provided further, That for grants under 
paragraphs (6) through (10) and (12), the applications for grants 
shall be made available to eligible applicants not later than 30 
days after the date of enactment of this Act, that eligible applicants 
shall submit applications within 45 days after the grant announce-
ment, and that the Federal Emergency Management Agency shall 
act not later than 60 days after receipt of an application: Provided 
further, That for grants under paragraphs (1) and (2), the installa-
tion of communications towers is not considered construction of 
a building or other physical facility: Provided further, That grantees 
shall provide reports on their use of funds, as determined necessary 
Reports. 
Grants. 
Deadlines. 
Grants. 
Deadlines. 
Expenditure 
plan. 
Deadline. 
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122 STAT. 3673 
PUBLIC LAW 110–329—SEPT. 30, 2008 
by the Secretary: Provided further, That (a) the Center for Domestic 
Preparedness may provide training to emergency response providers 
from the Federal Government, foreign governments, or private enti-
ties, if the Center for Domestic Preparedness is reimbursed for 
the cost of such training, and any reimbursement under this sub-
section shall be credited to the account from which the expenditure 
being reimbursed was made and shall be available, without fiscal 
year limitation, for the purposes for which amounts in the account 
may be expended, (b) the head of the Center for Domestic Prepared-
ness shall ensure that any training provided under (a) does not 
interfere with the primary mission of the Center to train State 
and local emergency response providers: Provided further, That 
the Government Accountability Office shall report to the Commit-
tees on Appropriations of the Senate and the House of Representa-
tives regarding the data, assumptions, and methodology that the 
Department of Homeland Security uses to assess risk and allocate 
grants under the Urban Area Security Initiative and State Home-
land Security Grant Program not later than 45 days after the 
date of enactment of this Act: Provided further, That the report 
shall include an assessment of the reliability and validity of the 
data used, the basis for the assumptions used, how the methodology 
is applied to determine the risk scores for individual locations, 
an analysis of the usefulness of placing States and cities into 
tier groups, and the allocation of grants to eligible locations: Pro-
vided further, That the Department provide the Government 
Accountability Office with the actual data that the Department 
used for its risk assessment and grant allocation: Provided further, 
That the Department provide the Government Accountability Office 
with access to all data needed for its analysis and report, including 
specifics on all changes for the fiscal year 2009 process, including, 
but not limited to, all changes in data, assumptions, and weights 
used in methodology within 7 days after the date of enactment 
of this Act: Provided further, That any subsequent changes made 
regarding the risk methodology after the initial information is pro-
vided to the Government Accountability Office shall be provided 
within 7 days after the change is made. 
FIREFIGHTER ASSISTANCE GRANTS 
For necessary expenses for programs authorized by the Federal 
Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.), 
$775,000,000, of which $565,000,000 shall be available to carry 
out section 33 of that Act (15 U.S.C. 2229) and $210,000,000 shall 
be available to carry out section 34 of that Act (15 U.S.C. 2229a), 
to remain available until September 30, 2010: Provided, That not 
to exceed 5 percent of the amount available under this heading 
shall be available for program administration, and an expenditure 
plan for program administration shall be provided to the Commit-
tees on Appropriations of the Senate and the House of Representa-
tives within 60 days of the date of enactment of this Act. 
EMERGENCY MANAGEMENT PERFORMANCE GRANTS 
For necessary expenses for emergency management perform-
ance grants, as authorized by the National Flood Insurance Act 
of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 
Expenditure 
plan. 
Deadline. 
Deadline. 
Deadline. 
Reports. 
Deadline. 
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122 STAT. 3674 
PUBLIC LAW 110–329—SEPT. 30, 2008 
et seq.), and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), 
$315,000,000: Provided, That total administrative costs shall not 
exceed 3 percent of the total amount appropriated under this 
heading. 
RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM 
The aggregate charges assessed during fiscal year 2009, as 
authorized in title III of the Departments of Veterans Affairs and 
Housing and Urban Development, and Independent Agencies Appro-
priations Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 
percent of the amounts anticipated by the Department of Homeland 
Security necessary for its radiological emergency preparedness pro-
gram for the next fiscal year: Provided, That the methodology 
for assessment and collection of fees shall be fair and equitable 
and shall reflect costs of providing such services, including adminis-
trative costs of collecting such fees: Provided further, That fees 
received under this heading shall be deposited in this account 
as offsetting collections and will become available for authorized 
purposes on October 1, 2009, and remain available until expended. 
UNITED STATES FIRE ADMINISTRATION 
For necessary expenses of the United States Fire Administra-
tion and for other purposes, as authorized by the Federal Fire 
Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.) and 
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.), 
$44,979,000. 
DISASTER RELIEF 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses in carrying out the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
et seq.), $1,400,000,000, to remain available until expended: Pro-
vided, That the Federal Emergency Management Agency shall 
submit an expenditure plan to the Committees on Appropriations 
of the Senate and the House of Representatives detailing the use 
of the funds for disaster readiness and support within 60 days 
after the date of enactment of this Act: Provided further, That 
the Federal Emergency Management Agency shall provide a quar-
terly report detailing obligations against the expenditure plan and 
a justification for any changes in spending: Provided further, That 
of the total amount provided, $16,000,000 shall be transferred to 
the Department of Homeland Security Office of Inspector General 
for audits and investigations related to disasters, subject to section 
503 of this Act: Provided further, That up to $105,600,000 may 
be transferred to Federal Emergency Management Agency ‘‘Manage-
ment and Administration’’ for management and administration 
functions: Provided further, That the amount provided in the pre-
vious proviso shall not be available for transfer to ‘‘Management 
and Administration’’ until the Federal Emergency Management 
Agency submits an implementation plan to the Committees on 
Appropriations of the Senate and the House of Representatives: 
Provided further, That the Federal Emergency Management Agency 
shall submit the monthly ‘‘Disaster Relief’’ report, as specified in 
Public Law 110–161, to the Committees on Appropriations of the 
Reports. 
Implementation 
plan. 
Deadlines. 
Reports. 
Expenditure 
plan. 
Deadline. 
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122 STAT. 3675 
PUBLIC LAW 110–329—SEPT. 30, 2008 
Senate and the House of Representatives, and include the amounts 
provided to each Federal agency for mission assignments: Provided 
further, That for any request for reimbursement from a Federal 
agency to the Department of Homeland Security to cover expendi-
tures under the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.), or any mission assignment 
orders issued by the Department for such purposes, the Secretary 
of Homeland Security shall take appropriate steps to ensure that 
each agency is periodically reminded of Department policies on— 
(1) the detailed information required in supporting docu-
mentation for reimbursements; and 
(2) the necessity for timeliness of agency billings. 
DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT 
For activities under section 319 of the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act (42 U.S.C. 5162), 
$295,000 is for the cost of direct loans: Provided, That gross obliga-
tions for the principal amount of direct loans shall not exceed 
$25,000,000: Provided further, That the cost of modifying such 
loans shall be as defined in section 502 of the Congressional Budget 
Act of 1974 (2 U.S.C. 661a). 
FLOOD MAP MODERNIZATION FUND 
For necessary expenses under section 1360 of the National 
Flood Insurance Act of 1968 (42 U.S.C. 4101), $220,000,000, and 
such additional sums as may be provided by State and local govern-
ments or other political subdivisions for cost-shared mapping activi-
ties under section 1360(f)(2) of such Act (42 U.S.C. 4101(f)(2)), 
to remain available until expended: Provided, That total administra-
tive costs shall not exceed 3 percent of the total amount appro-
priated under this heading. 
NATIONAL FLOOD INSURANCE FUND 
For activities under the National Flood Insurance Act of 1968 
(42 U.S.C. 4001 et seq.), and the Flood Disaster Protection Act 
of 1973 (42 U.S.C. 4001 et seq.), $156,599,000, which shall be 
derived from offsetting collections assessed and collected under 
section 1308(d) of the National Flood Insurance Act of 1968 (42 
U.S.C. 4015(d)), which is available as follows: (1) not to exceed 
$49,418,000 for salaries and expenses associated with flood mitiga-
tion and flood insurance operations; and (2) no less than 
$107,181,000 for flood plain management and flood mapping, which 
shall remain available until September 30, 2010: Provided, That 
any additional fees collected pursuant to section 1308(d) of the 
National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)) shall 
be credited as an offsetting collection to this account, to be available 
for flood plain management and flood mapping: Provided further, 
That in fiscal year 2009, no funds shall be available from the 
National Flood Insurance Fund under section 1310 of that Act 
(42 U.S.C. 4017) in excess of: (1) $85,000,000 for operating expenses; 
(2) $869,905,000 for commissions and taxes of agents; (3) such 
sums as are necessary for interest on Treasury borrowings; and 
(4) $125,700,000, which shall remain available until expended for 
flood mitigation actions, of which $80,000,000 is for severe repetitive 
loss properties under section 1361A of the National Flood Insurance 
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122 STAT. 3676 
PUBLIC LAW 110–329—SEPT. 30, 2008 
Act of 1968 (42 U.S.C. 4102a), of which $10,000,000 is for repetitive 
insurance claims properties under section 1323 of the National 
Flood Insurance Act of 1968 (42 U.S.C. 4030), and of which 
$35,700,000 is for flood mitigation assistance under section 1366 
of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c) 
notwithstanding subparagraphs (B) and (C) of subsection (b)(3) 
and subsection (f) of section 1366 of the National Flood Insurance 
Act of 1968 (42 U.S.C. 4104c) and notwithstanding subsection (a)(7) 
of section 1310 of the National Flood Insurance Act of 1968 (42 
U.S.C. 4017): Provided further, That amounts collected under sec-
tion 102 of the Flood Disaster Protection Act of 1973 and section 
1366(i) of the National Flood Insurance Act of 1968 shall be depos-
ited in the National Flood Insurance Fund to supplement other 
amounts specified as available for section 1366 of the National 
Flood Insurance Act of 1968, notwithstanding 42 U.S.C. 4012a(f)(8), 
4104c(i), and 4104d(b)(2)-(3): Provided further, That total adminis-
trative costs shall not exceed 4 percent of the total appropriation. 
NATIONAL PREDISASTER MITIGATION FUND 
For the predisaster mitigation grant program under section 
203 of the Robert T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5133), $90,000,000, to remain available until 
expended and as detailed in the statement accompanying this Act: 
Provided, That the total administrative costs associated with such 
grants shall not exceed 3 percent of the total amount made available 
under this heading. 
EMERGENCY FOOD AND SHELTER 
To carry out the emergency food and shelter program pursuant 
to title III of the McKinney-Vento Homeless Assistance Act (42 
U.S.C. 11331 et seq.), $200,000,000, to remain available until 
expended: Provided, That total administrative costs shall not exceed 
3.5 percent of the total amount made available under this heading. 
CERRO GRANDE FIRE CLAIMS 
(RESCISSION OF FUNDS) 
Of the funds made available under this heading for obligation 
in prior years, $9,000,000 are rescinded. 
TITLE IV 
RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES 
UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES 
For necessary expenses for citizenship and immigration serv-
ices, $101,740,000, of which $100,000,000 is for the E-Verify pro-
gram to assist United States employers with maintaining a legal 
workforce: Provided, That notwithstanding any other provision of 
law, funds available to United States Citizenship and Immigration 
Services may be used to acquire, operate, equip, dispose of and 
replace up to five vehicles, of which two are for replacement only, 
for areas where the Administrator of General Services does not 
provide vehicles for lease: Provided further, That the Director of 
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122 STAT. 3677 
PUBLIC LAW 110–329—SEPT. 30, 2008 
United States Citizenship and Immigration Services may authorize 
employees who are assigned to those areas to use such vehicles 
between the employees’ residences and places of employment. 
FEDERAL LAW ENFORCEMENT TRAINING CENTER 
SALARIES AND EXPENSES 
For necessary expenses of the Federal Law Enforcement 
Training Center, including materials and support costs of Federal 
law enforcement basic training; the purchase of not to exceed 117 
vehicles for police-type use and hire of passenger motor vehicles; 
expenses for student athletic and related activities; the conduct 
of and participation in firearms matches and presentation of 
awards; public awareness and enhancement of community support 
of law enforcement training; room and board for student interns; 
a flat monthly reimbursement to employees authorized to use per-
sonal mobile phones for official duties; and services as authorized 
by section 3109 of title 5, United States Code; $246,530,000, of 
which up to $48,611,000 shall remain available until September 
30, 2010, for materials and support costs of Federal law enforcement 
basic training; of which $300,000 shall remain available until 
expended for Federal law enforcement agencies participating in 
training accreditation, to be distributed as determined by the Fed-
eral Law Enforcement Training Center for the needs of participating 
agencies; and of which not to exceed $12,000 shall be for official 
reception and representation expenses: Provided, That the Center 
is authorized to obligate funds in anticipation of reimbursements 
from agencies receiving training sponsored by the Center, except 
that total obligations at the end of the fiscal year shall not exceed 
total budgetary resources available at the end of the fiscal year: 
Provided further, That section 1202(a) of Public Law 107–206 (42 
U.S.C. 3771 note), as amended by Public Law 110–161 (121 Stat. 
2068), is further amended by striking ‘‘December 31, 2010’’ and 
inserting ‘‘December 31, 2011’’: Provided further, That the Federal 
Law Enforcement Training Accreditation Board, including rep-
resentatives from the Federal law enforcement community and 
non-Federal accreditation experts involved in law enforcement 
training, shall lead the Federal law enforcement training accredita-
tion process to continue the implementation of measuring and 
assessing the quality and effectiveness of Federal law enforcement 
training programs, facilities, and instructors: Provided further, That 
the Director of the Federal Law Enforcement Training Center shall 
schedule basic or advanced law enforcement training, or both, at 
all four training facilities under the control of the Federal Law 
Enforcement Training Center to ensure that such training facilities 
are operated at the highest capacity throughout the fiscal year. 
ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND RELATED 
EXPENSES 
For acquisition of necessary additional real property and facili-
ties, construction, and ongoing maintenance, facility improvements, 
and related expenses of the Federal Law Enforcement Training 
Center, $86,456,000, to remain available until expended: Provided, 
That the Center is authorized to accept reimbursement to this 
appropriation from government agencies requesting the construction 
of special use facilities: Provided further, That $3,000,000 is for 
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122 STAT. 3678 
PUBLIC LAW 110–329—SEPT. 30, 2008 
construction of training and related facilities at Artesia, New 
Mexico. 
SCIENCE AND TECHNOLOGY 
MANAGEMENT AND ADMINISTRATION 
For salaries and expenses of the Office of the Under Secretary 
for Science and Technology and for management and administration 
of programs and activities, as authorized by title III of the Home-
land Security Act of 2002 (6 U.S.C. 181 et seq.), $132,100,000: 
Provided, That not to exceed $10,000 shall be for official reception 
and representation expenses. 
RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS 
For necessary expenses for science and technology research, 
including advanced research projects; development; test and evalua-
tion; acquisition; and operations; as authorized by title III of the 
Homeland Security Act of 2002 (6 U.S.C. 181 et seq.); $800,487,000, 
to remain available until expended: Provided, That not less than 
$27,000,000 shall be available for the Southeast Region Research 
Initiative at the Oak Ridge National Laboratory: Provided further, 
That not less than $3,000,000 shall be available for Distributed 
Environment for Critical Infrastructure Decisionmaking Exercises: 
Provided further, That of the amount provided, $25,000,000 is for 
construction expenses of the Pacific Northwest National Laboratory: 
Provided further, That not less than $11,000,000 shall be available 
for the National Institute for Hometown Security: Provided further, 
That not less than $2,000,000 shall be available for the Naval 
Postgraduate School: Provided further, That not less than 
$2,000,000 shall be available to establish a homeland security 
research, development, and manufacturing pilot project: Provided 
further, That none of the funds made available under this heading 
shall be obligated for a follow-on program to the Analysis, Dissemi-
nation, Visualization, Insight, and Semantic Enhancement program: 
Provided further, That none of the funds available under this 
heading shall be obligated for construction of a National Bio and 
Agro-defense Facility located on the United States mainland until 
the Secretary of Homeland Security completes a risk assessment 
of whether foot-and-mouth disease work can be done safely on 
the United States mainland and this assessment is reviewed by 
the Government Accountability Office: Provided further, That the 
Government Accountability Office shall complete its review within 
6 months after the Department concludes the risk assessment. 
DOMESTIC NUCLEAR DETECTION OFFICE 
MANAGEMENT AND ADMINISTRATION 
For salaries and expenses of the Domestic Nuclear Detection 
Office as authorized by title XIX of the Homeland Security Act 
of 2002 (6 U.S.C. 591 et seq.) for management and administration 
of programs and activities, $37,500,000: Provided, That not to 
exceed $3,000 shall be for official reception and representation 
expenses. 
Deadline. 
Risk assessment. 
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122 STAT. 3679 
PUBLIC LAW 110–329—SEPT. 30, 2008 
RESEARCH, DEVELOPMENT, AND OPERATIONS 
For necessary expenses for radiological and nuclear research, 
development, testing, evaluation, and operations, $323,200,000, to 
remain available until expended. 
SYSTEMS ACQUISITION 
For expenses for the Domestic Nuclear Detection Office acquisi-
tion and deployment of radiological detection systems in accordance 
with the global nuclear detection architecture, $153,491,000, to 
remain available until September 30, 2011: Provided, That none 
of the funds appropriated under this heading shall be obligated 
for full-scale procurement of Advanced Spectroscopic Portal mon-
itors until the Secretary of Homeland Security submits to the 
Committees on Appropriations of the Senate and the House of 
Representatives a report certifying that a significant increase in 
operational effectiveness will be achieved: Provided further, That 
the Secretary shall submit separate and distinct certifications prior 
to the procurement of Advanced Spectroscopic Portal monitors for 
primary and secondary deployment that address the unique require-
ments for operational effectiveness of each type of deployment: 
Provided further, That the Secretary shall consult with the National 
Academy of Sciences before making such certifications: Provided 
further, That none of the funds appropriated under this heading 
shall be used for high-risk concurrent development and production 
of mutually dependent software and hardware. 
TITLE V 
GENERAL PROVISIONS 
(INCLUDING RESCISSIONS OF FUNDS) 
SEC. 501. No part of any appropriation contained in this Act 
shall remain available for obligation beyond the current fiscal year 
unless expressly so provided herein. 
SEC. 502. Subject to the requirements of section 503 of this 
Act, the unexpended balances of prior appropriations provided for 
activities in this Act may be transferred to appropriation accounts 
for such activities established pursuant to this Act, may be merged 
with funds in the applicable established accounts, and thereafter 
may be accounted for as one fund for the same time period as 
originally enacted. 
SEC. 503. (a) None of the funds provided by this Act, provided 
by previous appropriations Acts to the agencies in or transferred 
to the Department of Homeland Security that remain available 
for obligation or expenditure in fiscal year 2009, or provided from 
any accounts in the Treasury of the United States derived by 
the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure through a re-
programming of funds that: (1) creates a new program, project, 
or activity; (2) eliminates a program, project, office, or activity; 
(3) increases funds for any program, project, or activity for which 
funds have been denied or restricted by the Congress; (4) proposes 
to use funds directed for a specific activity by either of the Commit-
tees on Appropriations of the Senate or the House of Representa-
tives for a different purpose; or (5) contracts out any function 
Notifications. 
Deadlines. 
Consultation. 
Certifications. 
Reports. 
Certification. 
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122 STAT. 3680 
PUBLIC LAW 110–329—SEPT. 30, 2008 
or activity for which funding levels were requested for Federal 
full-time equivalents in the object classification tables contained 
in the fiscal year 2009 Budget Appendix for the Department of 
Homeland Security, as modified by the explanatory statement 
accompanying this Act, unless the Committees on Appropriations 
of the Senate and the House of Representatives are notified 15 
days in advance of such reprogramming of funds. 
(b) None of the funds provided by this Act, provided by previous 
appropriations Acts to the agencies in or transferred to the Depart-
ment of Homeland Security that remain available for obligation 
or expenditure in fiscal year 2009, or provided from any accounts 
in the Treasury of the United States derived by the collection 
of fees or proceeds available to the agencies funded by this Act, 
shall be available for obligation or expenditure for programs, 
projects, or activities through a reprogramming of funds in excess 
of $5,000,000 or 10 percent, whichever is less, that: (1) augments 
existing programs, projects, or activities; (2) reduces by 10 percent 
funding for any existing program, project, or activity, or numbers 
of personnel by 10 percent as approved by the Congress; or (3) 
results from any general savings from a reduction in personnel 
that would result in a change in existing programs, projects, or 
activities as approved by the Congress, unless the Committees 
on Appropriations of the Senate and the House of Representatives 
are notified 15 days in advance of such reprogramming of funds. 
(c) Not to exceed 5 percent of any appropriation made available 
for the current fiscal year for the Department of Homeland Security 
by this Act or provided by previous appropriations Acts may be 
transferred between such appropriations, but no such appropriation, 
except as otherwise specifically provided, shall be increased by 
more than 10 percent by such transfers: Provided, That any transfer 
under this section shall be treated as a reprogramming of funds 
under subsection (b) and shall not be available for obligation unless 
the Committees on Appropriations of the Senate and the House 
of Representatives are notified 15 days in advance of such transfer. 
(d) Notwithstanding subsections (a), (b), and (c) of this section, 
no funds shall be reprogrammed within or transferred between 
appropriations after June 30, except in extraordinary circumstances 
that imminently threaten the safety of human life or the protection 
of property. 
(e) Within 90 days after the date of enactment of this Act, 
the Secretary of Homeland Security shall submit to the Committees 
on Appropriations of the Senate and the House of Representatives 
a report listing all dollar amounts specified in this Act and accom-
panying explanatory statement that are identified in the detailed 
funding table at the end of the explanatory statement accompanying 
this Act or any other amounts specified in this Act or accompanying 
explanatory statement: Provided, That such dollar amounts speci-
fied in this Act and accompanying explanatory statement shall 
be subject to the conditions and requirements of subsections (a), 
(b), and (c) of this section. 
SEC. 504. The Department of Homeland Security Working Cap-
ital Fund, established pursuant to section 403 of Public Law 103– 
356 (31 U.S.C. 501 note), shall continue operations as a permanent 
working capital fund for fiscal year 2009: Provided, That none 
of the funds appropriated or otherwise made available to the Depart-
ment of Homeland Security may be used to make payments to 
the Working Capital Fund, except for the activities and amounts 
31 USC 501 note. 
Reports. 
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122 STAT. 3681 
PUBLIC LAW 110–329—SEPT. 30, 2008 
allowed in the President’s fiscal year 2009 budget: Provided further, 
That funds provided to the Working Capital Fund shall be available 
for obligation until expended to carry out the purposes of the 
Working Capital Fund: Provided further, That all departmental 
components shall be charged only for direct usage of each Working 
Capital Fund service: Provided further, That funds provided to 
the Working Capital Fund shall be used only for purposes consistent 
with the contributing component: Provided further, That such fund 
shall be paid in advance or reimbursed at rates which will return 
the full cost of each service: Provided further, That the Working 
Capital Fund shall be subject to the requirements of section 503 
of this Act. 
SEC. 505. Except as otherwise specifically provided by law, 
not to exceed 50 percent of unobligated balances remaining available 
at the end of fiscal year 2009 from appropriations for salaries 
and expenses for fiscal year 2009 in this Act shall remain available 
through September 30, 2010, in the account and for the purposes 
for which the appropriations were provided: Provided, That prior 
to the obligation of such funds, a request shall be submitted to 
the Committees on Appropriations of the Senate and the House 
of Representatives for approval in accordance with section 503 
of this Act. 
SEC. 506. Funds made available by this Act for intelligence 
activities are deemed to be specifically authorized by the Congress 
for purposes of section 504 of the National Security Act of 1947 
(50 U.S.C. 414) during fiscal year 2009 until the enactment of 
an Act authorizing intelligence activities for fiscal year 2009. 
SEC. 507. None of the funds made available by this Act may 
be used to make a grant allocation, discretionary grant award, 
discretionary contract award, or to issue a letter of intent totaling 
in excess of $1,000,000, or to announce publicly the intention to 
make such an award, including a contract covered by the Federal 
Acquisition Regulation, unless the Secretary of Homeland Security 
notifies the Committees on Appropriations of the Senate and the 
House of Representatives at least 3 full business days in advance 
of making such an award or issuing such a letter: Provided, That 
if the Secretary of Homeland Security determines that compliance 
with this section would pose a substantial risk to human life, 
health, or safety, an award may be made without notification and 
the Committees on Appropriations of the Senate and the House 
of Representatives shall be notified not later than 5 full business 
days after such an award is made or letter issued: Provided further, 
That no notification shall involve funds that are not available 
for obligation: Provided further, That the notification shall include 
the amount of the award, the fiscal year in which the funds for 
the award were appropriated, and the account from which the 
funds are being drawn: Provided further, That the Federal Emer-
gency Management Agency shall brief the Committees on Appro-
priations of the Senate and the House of Representatives 5 full 
business days in advance of announcing publicly the intention of 
making an award under the State Homeland Security Grant Pro-
gram; Urban Area Security Initiative; and the Regional Cata-
strophic Preparedness Grant Program. 
SEC. 508. Notwithstanding any other provision of law, no agency 
shall purchase, construct, or lease any additional facilities, except 
within or contiguous to existing locations, to be used for the purpose 
of conducting Federal law enforcement training without the advance 
Briefing. 
Deadline. 
Notification. 
Deadline. 
Grants. 
Notification. 
Deadline. 
Approval request. 
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122 STAT. 3682 
PUBLIC LAW 110–329—SEPT. 30, 2008 
approval of the Committees on Appropriations of the Senate and 
the House of Representatives, except that the Federal Law Enforce-
ment Training Center is authorized to obtain the temporary use 
of additional facilities by lease, contract, or other agreement for 
training which cannot be accommodated in existing Center facilities. 
SEC. 509. None of the funds appropriated or otherwise made 
available by this Act may be used for expenses for any construction, 
repair, alteration, or acquisition project for which a prospectus 
otherwise required under chapter 33 of title 40, United States 
Code, has not been approved, except that necessary funds may 
be expended for each project for required expenses for the develop-
ment of a proposed prospectus. 
SEC. 510. Sections 519, 520, 522, 528, 530, and 531 of the 
Department of Homeland Security Appropriations Act, 2008 (divi-
sion E of Public Law 110–161; 121 Stat. 2072, 2073, 2074, 2082) 
shall apply with respect to funds made available in this Act in 
the same manner as such sections applied to funds made available 
in that Act. 
SEC. 511. None of the funds in this Act may be used in con-
travention of the applicable provisions of the Buy American Act 
(41 U.S.C. 10a et seq.). 
SEC. 512. (a) None of the funds provided by this or previous 
appropriations Acts may be obligated for deployment or implementa-
tion, on other than a test basis, of the Secure Flight program 
or any other follow-on or successor passenger prescreening program, 
until the Secretary of Homeland Security certifies, and the Govern-
ment Accountability Office reports, to the Committees on Appropria-
tions of the Senate and the House of Representatives, that all 
ten of the conditions contained in paragraphs (1) through (10) 
of section 522(a) of Public Law 108–334 (118 Stat. 1319) have 
been successfully met. 
(b) The report required by subsection (a) shall be submitted 
within 90 days after the Secretary provides the requisite certifi-
cation, and periodically thereafter, if necessary, until the Govern-
ment Accountability Office confirms that all ten conditions have 
been successfully met. 
(c) Within 90 days after the date of enactment of this Act, 
the Secretary of Homeland Security shall submit to the Committees 
on Appropriations of the Senate and the House of Representatives 
a detailed plan that describes: (1) the dates for achieving key 
milestones, including the date or timeframes that the Secretary 
will certify the program under subsection (a); and (2) the method-
ology to be followed to support the Secretary’s certification, as 
required under subsection (a). 
(d) During the testing phase permitted by subsection (a), no 
information gathered from passengers, foreign or domestic air car-
riers, or reservation systems may be used to screen aviation pas-
sengers, or delay or deny boarding to such passengers, except in 
instances where passenger names are matched to a Government 
watch list. 
(e) None of the funds provided in this or previous appropriations 
Acts may be utilized to develop or test algorithms assigning risk 
to passengers whose names are not on Government watch lists. 
(f) None of the funds provided in this or any other Act may 
be used for data or a database that is obtained from or remains 
under the control of a non-Federal entity: Provided, That this 
Deadline. 
Plan. 
Deadlines. 
Certification. 
Reports. 
Test phase. 
Air carriers. 
Applicability. 
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122 STAT. 3683 
PUBLIC LAW 110–329—SEPT. 30, 2008 
restriction shall not apply to Passenger Name Record data obtained 
from air carriers. 
SEC. 513. None of the funds made available in this Act may 
be used to amend the oath of allegiance required by section 337 
of the Immigration and Nationality Act (8 U.S.C. 1448). 
SEC. 514. None of the funds appropriated by this Act may 
be used to process or approve a competition under Office of Manage-
ment and Budget Circular A–76 for services provided as of June 
1, 2004, by employees (including employees serving on a temporary 
or term basis) of United States Citizenship and Immigration Serv-
ices of the Department of Homeland Security who are known as 
of that date as Immigration Information Officers, Contact Rep-
resentatives, or Investigative Assistants. 
SEC. 515. (a) The Secretary of Homeland Security shall 
research, develop, and procure new technologies to inspect and 
screen air cargo carried on passenger aircraft by the earliest date 
possible. 
(b) Existing checked baggage explosive detection equipment 
and screeners shall be utilized to screen air cargo carried on pas-
senger aircraft to the greatest extent practicable at each airport 
until technologies developed under subsection (a) are available. 
(c) The Assistant Secretary of Homeland Security (Transpor-
tation Security Administration) shall work with air carriers and 
airports to ensure that the screening of cargo carried on passenger 
aircraft, as defined in section 44901(g)(5) of title 49, United States 
Code, increases incrementally each quarter. 
(d) Not later than 45 days after the end of each quarter, 
the Assistant Secretary shall submit to the Committees on Appro-
priations of the Senate and the House of Representatives a report 
on air cargo inspection statistics by airport and air carrier detailing 
the incremental progress being made to meet the requirements 
of section 44901(g)(2) of title 49, United States Code. 
SEC. 516. Except as provided in section 44945 of title 49, 
United States Code, funds appropriated or transferred to Transpor-
tation Security Administration ‘‘Aviation Security’’, ‘‘Administra-
tion’’ and ‘‘Transportation Security Support’’ for fiscal years 2004, 
2005, 2006, and 2007 that are recovered or deobligated shall be 
available only for the procurement or installation of explosives 
detection systems, for air cargo, baggage, and checkpoint screening 
systems, subject to notification: Provided, That quarterly reports 
shall be submitted to the Committees on Appropriations of the 
Senate and the House of Representatives on any funds that are 
recovered or deobligated. 
SEC. 517. Any funds appropriated to United States Coast 
Guard, ‘‘Acquisition, Construction, and Improvements’’ for fiscal 
years 2002, 2003, 2004, 2005, and 2006 for the 110–123 foot patrol 
boat conversion that are recovered, collected, or otherwise received 
as the result of negotiation, mediation, or litigation, shall be avail-
able until expended for the Replacement Patrol Boat (FRC-B) pro-
gram. 
SEC. 518. (a)(1) Except as provided in paragraph (2), none 
of the funds provided in this or any other Act shall be available 
to commence or continue operations of the National Applications 
Office until— 
(A) the Secretary certifies in fiscal year 2009 that: (i) 
National Applications Office programs comply with all existing 
Certification. 
Notification. 
Deadlines. 
Reports. 
Deadlines. 
Reports. 
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122 STAT. 3684 
PUBLIC LAW 110–329—SEPT. 30, 2008 
laws, including all applicable privacy and civil liberties stand-
ards; and, (ii) that clear definitions of all proposed domains 
are established and are auditable; 
(B) the Comptroller General of the United States notifies 
the Committees on Appropriations of the Senate and the House 
of Representatives and the Secretary that the Comptroller has 
reviewed such certification; and 
(C) the Secretary notifies the Committees of all funds to 
be expended on the National Applications Office pursuant to 
section 503 of this Act. 
(2) Paragraph (1) shall not apply with respect to any use 
of funds for activities substantially similar to such activities con-
ducted by the Department of the Interior as set forth in the 1975 
charter for the Civil Applications Committee under the provisions 
of law codified at section 31 of title 43, United States Code. 
(b) The Inspector General shall provide to the Committees 
on Appropriations of the Senate and the House of Representatives, 
starting six months after the date of enactment of this Act, and 
quarterly thereafter, a classified report containing a review of the 
data collected by the National Applications Office, including a 
description of the collection purposes and the legal authority under 
which the collection activities were authorized: Provided, That the 
report shall also include a listing of all data collection activities 
carried out on behalf of the National Applications Office by any 
component of the National Guard. 
(c) None of the funds provided in this or any other Act shall 
be available to commence operations of the National Immigration 
Information Sharing Operation until the Secretary certifies that 
such program complies with all existing laws, including all 
applicable privacy and civil liberties standards, the Comptroller 
General of the United States notifies the Committees on Appropria-
tions of the Senate and the House of Representatives and the 
Secretary that the Comptroller has reviewed such certification, 
and the Secretary notifies the Committees on Appropriations of 
the Senate and the House of Representatives of all funds to be 
expended on the National Immigration Information Sharing Oper-
ation pursuant to section 503. 
SEC. 519. Within 45 days after the close of each month, the 
Chief Financial Officer of the Department of Homeland Security 
shall submit to the Committees on Appropriations of the Senate 
and the House of Representatives a monthly budget and staffing 
report that includes total obligations, on-board versus funded full- 
time equivalent staffing levels, and the number of contract 
employees by office. 
SEC. 520. Section 532(a) of Public Law 109–295 (120 Stat. 
1384) is amended by striking ‘‘2008’’ and inserting ‘‘2009’’. 
SEC. 521. The functions of the Federal Law Enforcement 
Training Center instructor staff shall be classified as inherently 
governmental for the purpose of the Federal Activities Inventory 
Reform Act of 1998 (31 U.S.C. 501 note). 
SEC. 522. (a) None of the funds provided by this or any other 
Act may be obligated for the development, testing, deployment, 
or operation of any portion of a human resources management 
system authorized by 5 U.S.C. 9701(a), or by regulations prescribed 
pursuant to such section, for an employee as defined in 5 U.S.C. 
7103(a)(2). 
Deadlines. 
Reports. 
Certification. 
Notification. 
Deadlines. 
Reports. 
5 USC app. 8I 
note. 
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122 STAT. 3685 
PUBLIC LAW 110–329—SEPT. 30, 2008 
(b) The Secretary of Homeland Security shall collaborate with 
employee representatives in the manner prescribed in 5 U.S.C. 
9701(e), in the planning, testing, and development of any portion 
of a human resources management system that is developed, tested, 
or deployed for persons excluded from the definition of employee 
as that term is defined in 5 U.S.C. 7103(a)(2). 
SEC. 523. In fiscal year 2009, none of the funds made available 
in this or any other Act may be used to enforce section 4025(1) 
of Public Law 108–458 unless the Assistant Secretary of Homeland 
Security (Transportation Security Administration) reverses the 
determination of July 19, 2007, that butane lighters are not a 
significant threat to civil aviation security. 
SEC. 524. Funds made available in this Act may be used to 
alter operations within the Civil Engineering Program of the Coast 
Guard nationwide, including civil engineering units, facilities design 
and construction centers, maintenance and logistics commands, and 
the Coast Guard Academy, except that none of the funds provided 
in this Act may be used to reduce operations within any Civil 
Engineering Unit unless specifically authorized by a statute enacted 
after the date of the enactment of this Act. 
SEC. 525. (a) Except as provided in subsection (b), none of 
the funds appropriated in this or any other Act to the Office of 
the Secretary and Executive Management, the Office of the Under 
Secretary for Management, or the Office of the Chief Financial 
Officer, may be obligated for a grant or contract funded under 
such headings by a means other than full and open competition. 
(b) Subsection (a) does not apply to obligation of funds for 
a contract awarded— 
(1) by a means that is required by a Federal statute, 
including obligation for a purchase made under a mandated 
preferential program, such as the AbilityOne Program, that 
is authorized under the Javits-Wagner-O’Day Act (41 U.S.C. 
46 et seq.); 
(2) under the Small Business Act (15 U.S.C. 631 et seq.); 
(3) in an amount less than the simplified acquisition 
threshold described under section 302A(a) of the Federal Prop-
erty and Administrative Services Act of 1949 (41 U.S.C. 
252a(a)); or 
(4) by another Federal agency using funds provided through 
an interagency agreement. 
(c)(1) Subject to paragraph (2), the Secretary of Homeland 
Security may waive the application of this section for the award 
of a contract in the interest of national security or if failure to 
do so would pose a substantial risk to human health or welfare. 
(2) Not later than 5 days after the date on which the Secretary 
of Homeland Security issues a waiver under this subsection, the 
Secretary shall submit notification of that waiver to the Committees 
on Appropriations of the Senate and the House of Representatives, 
including a description of the applicable contract and an explanation 
of why the waiver authority was used. The Secretary may not 
delegate the authority to grant such a waiver. 
(d) In addition to the requirements established by this section, 
the Inspector General for the Department of Homeland Security 
shall review departmental contracts awarded through other than 
full and open competition to assess departmental compliance with 
applicable laws and regulations: Provided, That the Inspector Gen-
eral shall review selected contracts awarded in the previous fiscal 
Deadline. 
Notification. 
Waiver authority. 
Grants. 
Contracts. 
Butane lighters. 
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122 STAT. 3686 
PUBLIC LAW 110–329—SEPT. 30, 2008 
year through other than full and open competition: Provided further, 
That in determining which contracts to review, the Inspector Gen-
eral shall consider the cost and complexity of the goods and services 
to be provided under the contract, the criticality of the contract 
to fulfilling Department missions, past performance problems on 
similar contracts or by the selected vendor, complaints received 
about the award process or contractor performance, and such other 
factors as the Inspector General deems relevant: Provided further, 
That the Inspector General shall report the results of the reviews 
to the Committees on Appropriations of the Senate and the House 
of Representatives. 
SEC. 526. None of the funds provided by this or previous appro-
priations Acts shall be used to fund any position designated as 
a Principal Federal Official for any Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) 
declared disasters or emergencies. 
SEC. 527. None of the funds made available in this Act may 
be used by United States Citizenship and Immigration Services 
to grant an immigration benefit unless the results of background 
checks required by law to be completed prior to the granting of 
the benefit have been received by United States Citizenship and 
Immigration Services, and the results do not preclude the granting 
of the benefit. 
SEC. 528. None of the funds made available in this Act may 
be used to destroy or put out to pasture any horse or other equine 
belonging to the Federal Government that has become unfit for 
service, unless the trainer or handler is first given the option 
to take possession of the equine through an adoption program 
that has safeguards against slaughter and inhumane treatment. 
SEC. 529. None of the funds provided in this Act shall be 
available to carry out section 872 of Public Law 107–296. 
SEC. 530. None of the funds provided in this Act under the 
heading ‘‘Office of the Chief Information Officer’’ shall be used 
for data center development other than for the National Center 
for Critical Information Processing and Storage until the Chief 
Information Officer certifies that the National Center for Critical 
Information Processing and Storage is fully utilized as the Depart-
ment’s primary data storage center at the highest capacity through-
out the fiscal year. 
SEC. 531. None of the funds in this Act shall be used to 
reduce the United States Coast Guard’s Operations Systems Center 
mission or its government-employed or contract staff levels. 
SEC. 532. None of the funds appropriated by this Act may 
be used to conduct, or to implement the results of, a competition 
under Office of Management and Budget Circular A–76 for activities 
performed with respect to the Coast Guard National Vessel Docu-
mentation Center. 
SEC. 533. The Secretary of Homeland Security shall require 
that all contracts of the Department of Homeland Security that 
provide award fees link such fees to successful acquisition outcomes 
(which outcomes shall be specified in terms of cost, schedule, and 
performance). 
SEC. 534. None of the funds made available to the Office of 
the Secretary and Executive Management under this Act may be 
expended for any new hires by the Department of Homeland Secu-
rity that are not verified through the basic pilot program under 
Contracts. 
Certification. 
Reports. 
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122 STAT. 3687 
PUBLIC LAW 110–329—SEPT. 30, 2008 
section 401 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1324a note). 
SEC. 535. None of the funds made available in this Act for 
U.S. Customs and Border Protection may be used to prevent an 
individual not in the business of importing a prescription drug 
(within the meaning of section 801(g) of the Federal Food, Drug, 
and Cosmetic Act) from importing a prescription drug from Canada 
that complies with the Federal Food, Drug, and Cosmetic Act: 
Provided, That this section shall apply only to individuals trans-
porting on their person a personal-use quantity of the prescription 
drug, not to exceed a 90-day supply: Provided further, That the 
prescription drug may not be— 
(1) a controlled substance, as defined in section 102 of 
the Controlled Substances Act (21 U.S.C. 802); or 
(2) a biological product, as defined in section 351 of the 
Public Health Service Act (42 U.S.C. 262). 
SEC. 536. None of the funds made available in this Act may 
be used by the Secretary of Homeland Security or any delegate 
of the Secretary to issue any rule or regulation which implements 
the Notice of Proposed Rulemaking related to Petitions for Aliens 
To Perform Temporary Nonagricultural Services or Labor (H–2B) 
set out beginning on 70 Fed. Reg. 3984 (January 27, 2005). 
SEC. 537. Section 831 of the Homeland Security Act of 2002 
(6 U.S.C. 391) is amended— 
(1) in subsection (a), by striking ‘‘Until September 30, 
2008,’’ and inserting ‘‘Until September 30, 2009 and subject 
to subsection (d),’’; 
(2) by redesignating subsection (d) as subsection (e); and 
(3) by inserting after subsection (c) the following: 
‘‘(d) ADDITIONAL REQUIREMENTS.— 
‘‘(1) IN GENERAL.—The authority of the Secretary under 
this section shall terminate September 30, 2009, unless before 
that date the Secretary— 
‘‘(A) issues policy guidance detailing the appropriate 
use of that authority; and 
‘‘(B) provides training to each employee that is author-
ized to exercise that authority. 
‘‘(2) REPORT.—The Secretary shall provide an annual report 
to the Committees on Appropriations of the Senate and the 
House of Representatives, the Committee on Homeland Security 
and Governmental Affairs of the Senate, and the Committee 
on Homeland Security of the House of Representatives detailing 
the projects for which the authority granted by subsection 
(a) was used, the rationale for its use, the funds spent using 
that authority, the outcome of each project for which that 
authority was used, and the results of any audits of such 
projects.’’. 
SEC. 538. None of the funds made available in this Act may 
be used for planning, testing, piloting, or developing a national 
identification card. 
SEC. 539. (a) Notwithstanding any other provision of this Act, 
except as provided in subsection (b), and 30 days after the date 
that the President determines whether to declare a major disaster 
because of an event and any appeal is completed, the Administrator 
shall submit to the Committee on Homeland Security and Govern-
mental Affairs of the Senate, the Committee on Homeland Security 
of the House of Representatives, the Committee on Transportation 
Deadline. 
President. 
Web site. 
Reports. 
Termination 
date. 
Applicability. 
Drugs and drug 
abuse. 
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122 STAT. 3688 
PUBLIC LAW 110–329—SEPT. 30, 2008 
and Infrastructure of the House of Representatives, the Committees 
on Appropriations of the Senate and the House of Representatives, 
and publish on the website of the Federal Emergency Management 
Agency, a report regarding that decision, which shall summarize 
damage assessment information used to determine whether to 
declare a major disaster. 
(b) The Administrator may redact from a report under sub-
section (a) any data that the Administrator determines would com-
promise national security. 
(c) In this section— 
(1) the term ‘‘Administrator’’ means the Administrator of 
the Federal Emergency Management Agency; and 
(2) the term ‘‘major disaster’’ has the meaning given that 
term in section 102 of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5122). 
SEC. 540. Notwithstanding any other provision of law, should 
the Secretary of Homeland Security determine that the National 
Bio and Agro-defense Facility be located at a site other than Plum 
Island, New York, the Secretary shall liquidate the Plum Island 
asset by directing the Administrator of General Services to sell 
through public sale all real and related personal property and 
transportation assets which support Plum Island operations, subject 
to such terms and conditions as necessary to protect government 
interests and meet program requirements: Provided, That the gross 
proceeds of such sale shall be deposited as offsetting collections 
into the Department of Homeland Security Science and Technology 
‘‘Research, Development, Acquisition, and Operations’’ account and, 
subject to appropriation, shall be available until expended, for site 
acquisition, construction, and costs related to the construction of 
the National Bio and Agro-defense Facility, including the costs 
associated with the sale, including due diligence requirements, nec-
essary environmental remediation at Plum Island, and reimburse-
ment of expenses incurred by the General Services Administration 
which shall not exceed 1 percent of the sale price: Provided further, 
That after the completion of construction and environmental remedi-
ation, the unexpended balances of funds appropriated for costs 
in the preceding proviso shall be available for transfer to the appro-
priate account for design and construction of a consolidated Depart-
ment of Homeland Security Headquarters project, excluding daily 
operations and maintenance costs, notwithstanding section 503 of 
this Act, and the Committees on Appropriations of the Senate 
and the House of Representatives shall be notified 15 days prior 
to such transfer. 
SEC. 541. Any official that is required by this Act to report 
or certify to the Committees on Appropriations of the Senate and 
the House of Representatives may not delegate such authority 
to perform that act unless specifically authorized herein. 
SEC. 542. The Secretary of Homeland Security, in consultation 
with the Secretary of the Treasury, shall notify the Committees 
on Appropriations of the Senate and the House of Representatives 
of any proposed transfers of funds available under 31 U.S.C. 
9703.2(g)(4)(B) from the Department of the Treasury Forfeiture 
Fund to any agency within the Department of Homeland Security: 
Provided, That none of the funds identified for such a transfer 
may be obligated until the Committees on Appropriations of the 
Senate and the House of Representatives approve the proposed 
transfers. 
Notification. 
Notification. 
Deadline. 
New York. 
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122 STAT. 3689 
PUBLIC LAW 110–329—SEPT. 30, 2008 
SEC. 543. Section 520 of Public Law 108–90 (6 U.S.C. 469) 
is amended— 
(1) by inserting ‘‘(a) FEES.—’’ before ‘‘For fiscal year 2004 
and thereafter’’; and 
(2) by adding at the end the following: 
‘‘(b) RECURRENT TRAINING OF ALIENS IN OPERATION OF AIR-
CRAFT.— 
‘‘(1) PROCESS FOR REVIEWING THREAT ASSESSMENTS.—Not-
withstanding section 44939(e) of title 49, United States Code, 
the Secretary shall establish a process to ensure that an alien 
(as defined in section 101(a)(3) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(3)) applying for recurrent training 
in the operation of any aircraft is properly identified and has 
not, since the time of any prior threat assessment conducted 
pursuant to section 44939(a) of such title, become a risk to 
aviation or national security. 
‘‘(2) INTERRUPTION OF TRAINING.—If the Secretary deter-
mines, in carrying out the process established under paragraph 
(1), that an alien is a present risk to aviation or national 
security, the Secretary shall immediately notify the person 
providing the training of the determination and that person 
shall not provide the training or if such training has commenced 
that person shall immediately terminate the training. 
‘‘(3) FEES.—The Secretary may charge reasonable fees 
under subsection (a) for providing credentialing and background 
investigations for aliens in connection with the process for 
recurrent training established under paragraph (1). Such fees 
shall be promulgated by notice in the Federal Register.’’. 
SEC. 544. (a) Not later than six months from the date of 
enactment of this Act, the Secretary of Homeland Security shall 
consult with the Secretaries of Defense and Transportation and 
develop a concept of operations for unmanned aerial systems in 
the United States national airspace system for the purposes of 
border and maritime security operations. 
(b) The Secretary of Homeland Security shall report to the 
Committees on Appropriations of the Senate and the House of 
Representatives not later than 30 days after the date of enactment 
of this Act on any foreseeable challenges to complying with sub-
section (a). 
SEC. 545. If the Assistant Secretary of Homeland Security 
(Transportation Security Administration) determines that an air-
port does not need to participate in the basic pilot program, the 
Assistant Secretary shall certify to the Committees on Appropria-
tions of the Senate and the House of Representatives that no 
security risks will result by such non-participation. 
SEC. 546. Notwithstanding any other provision of law, and 
not later than 30 days after the date of submission of a request 
for a single payment, the President shall provide a single payment 
for any eligible costs under section 406 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) 
for any police station, fire station, or criminal justice facility that 
was damaged by Hurricane Katrina of 2005 or Hurricane Rita 
of 2005: Provided, That the President shall not reduce the amount 
of assistance provided under section 406(c)(1) of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5172(c)(1)) for such facilities: Provided further, That nothing in 
the previous proviso may be construed to alter the appeal or review 
Deadline. 
President. 
Certification. 
Reports. 
Deadlines. 
Consultation. 
Notice. 
Federal Register, 
publication. 
Notification. 
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122 STAT. 3690 
PUBLIC LAW 110–329—SEPT. 30, 2008 
process relating to assistance provided under section 406 of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5172): Provided further, That the President shall not 
reduce the amount of assistance provided to a local government 
under section 406(d) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5172(d)) more than once for 
each such type of facility for which that local government is 
receiving assistance under section 406 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act relating to Hurricane 
Katrina of 2005 or Hurricane Rita of 2005. 
SEC. 547. For grants to States pursuant to section 204(a) of 
the REAL ID Act of 2005 (division B of Public Law 109–13), 
$50,000,000, to remain available until expended. In addition, for 
developing an information sharing and verification capability with 
States to support implementation of the REAL ID Act, $50,000,000, 
to remain available until expended: Provided, That none of the 
funds provided in this section for development of the information 
sharing and verification system shall be available to create any 
new system of records from the data accessible by such information 
technology system, or to create any means of access by Federal 
agencies to such information technology system other than to fulfill 
responsibilities pursuant to the REAL ID Act of 2005. 
SEC. 548. Notwithstanding any other provision of law, the 
Federal Emergency Management Agency shall reimburse Jones 
County and Harrison County in the State of Mississippi under 
section 407 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5173) for unreimbursed costs relating 
to the removal of debris that were incurred by such counties as 
a result of Hurricane Katrina in 2005. 
SEC. 549. From the unobligated balances of prior year appro-
priations made available for Transportation Security Administra-
tion, $31,000,000 are rescinded: Provided, That the Transportation 
Security Administration shall not rescind any unobligated balances 
from the following programs: screener partnership program; explo-
sives detection systems; checkpoint support; aviation regulation 
and other enforcement; air cargo; and air cargo research and 
development. 
SEC. 550. From the unobligated balances of prior year appro-
priations made available for ‘‘Analysis and Operations’’, $21,373,000 
are rescinded. 
SEC. 551. From unobligated balances of prior year appropria-
tions made available for Coast Guard ‘‘Acquisition, Construction, 
and Improvements’’, $20,000,000 are rescinded: Provided, That no 
funds shall be rescinded from prior year appropriations provided 
for the National Security Cutter or the Maritime Patrol Aircraft: 
Provided further, That the Coast Guard shall submit notification 
in accordance with section 503 of this Act listing projects for which 
funding will be rescinded. 
SEC. 552. For fiscal year 2008, funds made available for Federal 
Emergency Management Agency ‘‘National Predisaster Mitigation 
Fund’’ shall be provided as detailed in the explanatory statement 
accompanying Public Law 110–161. 
SEC. 553. Section 203(m) of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5133(m)) is 
amended by striking ‘‘September 30, 2008’’ and inserting ‘‘Sep-
tember 30, 2009’’. 
Notification. 
Mississippi. 
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122 STAT. 3691 
PUBLIC LAW 110–329—SEPT. 30, 2008 
This division may be cited as the ‘‘Department of Homeland 
Security Appropriations Act, 2009’’. 
DIVISION E—MILITARY CONSTRUCTION AND VETERANS 
AFFAIRS AND RELATED AGENCIES APPROPRIATIONS ACT, 
2009 
That the following sums are appropriated, out of any money in 
the Treasury not otherwise appropriated, for military construction, 
the Department of Veterans Affairs, and related agencies for the 
fiscal year ending September 30, 2009, and for other purposes, 
namely: 
TITLE I 
DEPARTMENT OF DEFENSE 
MILITARY CONSTRUCTION, ARMY 
(INCLUDING RESCISSIONS OF FUNDS) 
For acquisition, construction, installation, and equipment of 
temporary or permanent public works, military installations, facili-
ties, and real property for the Army as currently authorized by 
law, including personnel in the Army Corps of Engineers and other 
personal services necessary for the purposes of this appropriation, 
and for construction and operation of facilities in support of the 
functions of the Commander in Chief, $4,692,648,000, to remain 
available until September 30, 2013: Provided, That of this amount, 
not to exceed $178,685,000 shall be available for study, planning, 
design, architect and engineer services, and host nation support, 
as authorized by law, unless the Secretary of Defense determines 
that additional obligations are necessary for such purposes and 
notifies the Committees on Appropriations of both Houses of Con-
gress of the determination and the reasons therefor: Provided fur-
ther, That the amount appropriated in this paragraph shall be 
for the projects and activities, and in the amounts, specified under 
the heading ‘‘Military Construction, Army’’, and under the headings 
‘‘Army’’ in the table entitled ‘‘Military Construction’’, in the explana-
tory statement described in section 4 (in the matter preceding 
division A of this consolidated Act): Provided further, That of the 
funds appropriated for ‘‘Military Construction, Army’’ under Public 
Law 110–5, $34,720,000 are hereby rescinded: Provided further, 
That of the funds appropriated for ‘‘Military Construction, Army’’ 
under Public Law 110–161, $16,600,000 are hereby rescinded. 
MILITARY CONSTRUCTION, NAVY AND MARINE CORPS 
For acquisition, construction, installation, and equipment of 
temporary or permanent public works, naval installations, facilities, 
and real property for the Navy and Marine Corps as currently 
authorized by law, including personnel in the Naval Facilities 
Engineering Command and other personal services necessary for 
the purposes of this appropriation, $3,333,369,000, to remain avail-
able until September 30, 2013: Provided, That of this amount, 
not to exceed $246,528,000 shall be available for study, planning, 
design, and architect and engineer services, as authorized by law, 
Notification. 
Notification. 
Military 
Construction and 
Veterans Affairs 
and Related 
Agencies 
Appropriations 
Act, 2009. 
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122 STAT. 3692 
PUBLIC LAW 110–329—SEPT. 30, 2008 
unless the Secretary of Defense determines that additional obliga-
tions are necessary for such purposes and notifies the Committees 
on Appropriations of both Houses of Congress of the determination 
and the reasons therefor: Provided further, That the amount appro-
priated in this paragraph shall be for the projects and activities, 
and in the amounts, specified under the heading ‘‘Military Construc-
tion, Navy and Marine Corps’’, and under the headings ‘‘Navy’’ 
in the table entitled ‘‘Military Construction’’, in the explanatory 
statement described in section 4 (in the matter preceding division 
A of this consolidated Act). 
MILITARY CONSTRUCTION, AIR FORCE 
(INCLUDING RESCISSION OF FUNDS) 
For acquisition, construction, installation, and equipment of 
temporary or permanent public works, military installations, facili-
ties, and real property for the Air Force as currently authorized 
by law, $1,117,746,000, to remain available until September 30, 
2013: Provided, That of this amount, not to exceed $93,436,000 
shall be available for study, planning, design, and architect and 
engineer services, as authorized by law, unless the Secretary of 
Defense determines that additional obligations are necessary for 
such purposes and notifies the Committees on Appropriations of 
both Houses of Congress of the determination and the reasons 
therefor: Provided further, That the amount appropriated in this 
paragraph shall be for the projects and activities, and in the 
amounts, specified under the heading ‘‘Military Construction, Air 
Force’’, and under the headings ‘‘Air Force’’ in the table entitled 
‘‘Military Construction’’, in the explanatory statement described 
in section 4 (in the matter preceding division A of this consolidated 
Act): Provided further, That of the funds appropriated for ‘‘Military 
Construction, Air Force’’ under Public Law 110–161, $20,821,000 
are hereby rescinded. 
MILITARY CONSTRUCTION, DEFENSE-WIDE 
(INCLUDING TRANSFER AND RESCISSION OF FUNDS) 
For acquisition, construction, installation, and equipment of 
temporary or permanent public works, installations, facilities, and 
real property for activities and agencies of the Department of 
Defense (other than the military departments), as currently author-
ized by law, $1,695,204,000, to remain available until September 
30, 2013: Provided, That such amounts of this appropriation as 
may be determined by the Secretary of Defense may be transferred 
to such appropriations of the Department of Defense available for 
military construction or family housing as the Secretary may des-
ignate, to be merged with and to be available for the same purposes, 
and for the same time period, as the appropriation or fund to 
which transferred: Provided further, That of the amount appro-
priated, not to exceed $186,060,000 shall be available for study, 
planning, design, and architect and engineer services, as authorized 
by law, unless the Secretary of Defense determines that additional 
obligations are necessary for such purposes and notifies the Commit-
tees on Appropriations of both Houses of Congress of the determina-
tion and the reasons therefor: Provided further, That the amount 
Notification. 
Notification. 
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122 STAT. 3693 
PUBLIC LAW 110–329—SEPT. 30, 2008 
appropriated in this paragraph shall be for the projects and activi-
ties, and in the amounts, specified under the heading ‘‘Military 
Construction, Defense-Wide’’, and under the headings ‘‘Defense- 
Wide’’ in the table entitled ‘‘Military Construction’’, in the explana-
tory statement described in section 4 (in the matter preceding 
division A of this consolidated Act): Provided further, That of the 
funds appropriated for ‘‘Military Construction, Defense-Wide’’ under 
Public Law 108–324, $3,589,000 are hereby rescinded: Provided 
further, That none of the funds appropriated under this heading 
may be obligated or expended for site activation or construction 
of a long-range missile defense system in a European country until 
the government of the country in which such missile defense system 
(including interceptors and associated radars) is proposed to be 
deployed has given final approval (including parliamentary ratifica-
tion) to any missile defense agreements negotiated between such 
government and the United States Government concerning the pro-
posed deployment of such components in such country. 
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD 
(INCLUDING RESCISSION OF FUNDS) 
For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
Army National Guard, and contributions therefor, as authorized 
by chapter 1803 of title 10, United States Code, and Military 
Construction Authorization Acts, $736,317,000, to remain available 
until September 30, 2013: Provided, That the amount appropriated 
in this paragraph shall be for the projects and activities, and 
in the amounts, specified under the heading ‘‘Military Construction, 
Army National Guard’’, and under the headings ‘‘Army National 
Guard’’ in the table entitled ‘‘Military Construction’’, in the explana-
tory statement described in section 4 (in the matter preceding 
division A of this consolidated Act): Provided further, That of the 
funds appropriated for ‘‘Military Construction, Army National 
Guard’’ under Public Law 110–161, $1,400,000 are hereby rescinded. 
MILITARY CONSTRUCTION, AIR NATIONAL GUARD 
For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
Air National Guard, and contributions therefor, as authorized by 
chapter 1803 of title 10, United States Code, and Military Construc-
tion Authorization Acts, $242,924,000, to remain available until 
September 30, 2013: Provided, That the amount appropriated in 
this paragraph shall be for the projects and activities, and in 
the amounts, specified under the heading ‘‘Military Construction, 
Air National Guard’’, and under the headings ‘‘Air National Guard’’ 
in the table entitled ‘‘Military Construction’’, in the explanatory 
statement described in section 4 (in the matter preceding division 
A of this consolidated Act). 
MILITARY CONSTRUCTION, ARMY RESERVE 
For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
Army Reserve as authorized by chapter 1803 of title 10, United 
States Code, and Military Construction Authorization Acts, 
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122 STAT. 3694 
PUBLIC LAW 110–329—SEPT. 30, 2008 
$282,607,000, to remain available until September 30, 2013: Pro-
vided, That the amount appropriated in this paragraph shall be 
for the projects and activities, and in the amounts, specified under 
the heading ‘‘Military Construction, Army Reserve’’, and under the 
headings ‘‘Army Reserve’’ in the table entitled ‘‘Military Construc-
tion’’, in the explanatory statement described in section 4 (in the 
matter preceding division A of this consolidated Act). 
MILITARY CONSTRUCTION, NAVY RESERVE 
For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
reserve components of the Navy and Marine Corps as authorized 
by chapter 1803 of title 10, United States Code, and Military 
Construction Authorization Acts, $57,045,000, to remain available 
until September 30, 2013: Provided, That the amount appropriated 
in this paragraph shall be for the projects and activities, and 
in the amounts, specified under the heading ‘‘Military Construction, 
Navy Reserve’’, and under the headings ‘‘Navy Reserve’’ in the 
table entitled ‘‘Military Construction’’, in the explanatory statement 
described in section 4 (in the matter preceding division A of this 
consolidated Act). 
MILITARY CONSTRUCTION, AIR FORCE RESERVE 
For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
Air Force Reserve as authorized by chapter 1803 of title 10, United 
States Code, and Military Construction Authorization Acts, 
$36,958,000, to remain available until September 30, 2013: Pro-
vided, That the amount appropriated in this paragraph shall be 
for the projects and activities, and in the amounts, specified under 
the heading ‘‘Military Construction, Air Force Reserve’’, and under 
the headings ‘‘Air Force Reserve’’ in the table entitled ‘‘Military 
Construction’’, in the explanatory statement described in section 
4 (in the matter preceding division A of this consolidated Act). 
NORTH ATLANTIC TREATY ORGANIZATION 
SECURITY INVESTMENT PROGRAM 
For the United States share of the cost of the North Atlantic 
Treaty Organization Security Investment Program for the acquisi-
tion and construction of military facilities and installations 
(including international military headquarters) and for related 
expenses for the collective defense of the North Atlantic Treaty 
Area as authorized by section 2806 of title 10, United States Code, 
and Military Construction Authorization Acts, $230,867,000, to 
remain available until expended. 
FAMILY HOUSING CONSTRUCTION, ARMY 
For expenses of family housing for the Army for construction, 
including acquisition, replacement, addition, expansion, extension, 
and alteration, as authorized by law, $646,580,000, to remain avail-
able until September 30, 2013: Provided, That the amount appro-
priated in this paragraph shall be for the projects and activities, 
and in the amounts, specified under the heading ‘‘Family Housing 
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122 STAT. 3695 
PUBLIC LAW 110–329—SEPT. 30, 2008 
Construction, Army’’, and under the heading ‘‘Family Housing 
Construction, Army’’ in the table entitled ‘‘Military Construction’’, 
in the explanatory statement described in section 4 (in the matter 
preceding division A of this consolidated Act). 
FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY 
For expenses of family housing for the Army for operation 
and maintenance, including debt payment, leasing, minor construc-
tion, principal and interest charges, and insurance premiums, as 
authorized by law, $716,110,000. 
FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE CORPS 
For expenses of family housing for the Navy and Marine Corps 
for construction, including acquisition, replacement, addition, 
expansion, extension, and alteration, as authorized by law, 
$380,123,000, to remain available until September 30, 2013: Pro-
vided, That the amount appropriated in this paragraph shall be 
for the projects and activities, and in the amounts, specified under 
the heading ‘‘Family Housing Construction, Navy and Marine 
Corps’’, and under the heading ‘‘Family Housing Construction, Navy 
and Marine Corps’’ in the table entitled ‘‘Military Construction’’, 
in the explanatory statement described in section 4 (in the matter 
preceding division A of this consolidated Act). 
FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY AND 
MARINE CORPS 
For expenses of family housing for the Navy and Marine Corps 
for operation and maintenance, including debt payment, leasing, 
minor construction, principal and interest charges, and insurance 
premiums, as authorized by law, $376,062,000. 
FAMILY HOUSING CONSTRUCTION, AIR FORCE 
For expenses of family housing for the Air Force for construc-
tion, including acquisition, replacement, addition, expansion, exten-
sion, and alteration, as authorized by law, $395,879,000, to remain 
available until September 30, 2013: Provided, That the amount 
appropriated in this paragraph shall be for the projects and activi-
ties, and in the amounts, specified under the heading ‘‘Family 
Housing Construction, Air Force’’, and under the heading ‘‘Family 
Housing Construction, Air Force’’ in the table entitled ‘‘Military 
Construction’’, in the explanatory statement described in section 
4 (in the matter preceding division A of this consolidated Act). 
FAMILY HOUSING OPERATION AND MAINTENANCE, AIR FORCE 
For expenses of family housing for the Air Force for operation 
and maintenance, including debt payment, leasing, minor construc-
tion, principal and interest charges, and insurance premiums, as 
authorized by law, $594,465,000. 
FAMILY HOUSING OPERATION AND MAINTENANCE, DEFENSE-WIDE 
For expenses of family housing for the activities and agencies 
of the Department of Defense (other than the military departments) 
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122 STAT. 3696 
PUBLIC LAW 110–329—SEPT. 30, 2008 
for operation and maintenance, leasing, and minor construction, 
as authorized by law, $49,231,000. 
DEPARTMENT OF DEFENSE FAMILY HOUSING IMPROVEMENT FUND 
For the Department of Defense Family Housing Improvement 
Fund, $850,000, to remain available until expended, for family 
housing initiatives undertaken pursuant to section 2883 of title 
10, United States Code, providing alternative means of acquiring 
and improving military family housing and supporting facilities. 
HOMEOWNERS ASSISTANCE FUND 
For the Homeowners Assistance Fund established by section 
1013 of the Demonstration Cities and Metropolitan Development 
Act of 1966, as amended (42 U.S.C. 3374), $4,500,000, to remain 
available until expended. 
CHEMICAL DEMILITARIZATION CONSTRUCTION, DEFENSE-WIDE 
For expenses of construction, not otherwise provided for, nec-
essary for the destruction of the United States stockpile of lethal 
chemical agents and munitions in accordance with section 1412 
of the Department of Defense Authorization Act, 1986 (50 U.S.C. 
1521), and for the destruction of other chemical warfare materials 
that are not in the chemical weapon stockpile, as currently author-
ized by law, $144,278,000, to remain available until September 
30, 2013, which shall be only for the Assembled Chemical Weapons 
Alternatives program: Provided, That the amount appropriated in 
this paragraph shall be for the projects and activities, and in 
the amounts, specified under the heading ‘‘Chemical Demilitariza-
tion Construction, Defense-Wide’’ in the table entitled ‘‘Military 
Construction’’ in the explanatory statement described in section 
4 (in the matter preceding division A of this consolidated Act). 
DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 1990 
For deposit into the Department of Defense Base Closure 
Account 1990, established by section 2906(a)(1) of the Defense Base 
Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), 
$458,377,000, to remain available until expended. 
DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005 
For deposit into the Department of Defense Base Closure 
Account 2005, established by section 2906A(a)(1) of the Defense 
Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), 
$8,765,613,000, to remain available until expended: Provided, That 
the Department of Defense shall notify the Committees on Appro-
priations of both Houses of Congress 14 days prior to obligating 
an amount for a construction project that exceeds or reduces the 
amount identified for that project in the most recently submitted 
budget request for this account by 20 percent or $2,000,000, which-
ever is less: Provided further, That the previous proviso shall not 
apply to projects costing less than $5,000,000, except for those 
projects not previously identified in any budget submission for 
this account and exceeding the minor construction threshold under 
10 U.S.C. 2805. 
Notification. 
Deadline. 
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122 STAT. 3697 
PUBLIC LAW 110–329—SEPT. 30, 2008 
ADMINISTRATIVE PROVISIONS 
SEC. 101. None of the funds made available in this title shall 
be expended for payments under a cost-plus-a-fixed-fee contract 
for construction, where cost estimates exceed $25,000, to be per-
formed within the United States, except Alaska, without the specific 
approval in writing of the Secretary of Defense setting forth the 
reasons therefor. 
SEC. 102. Funds made available in this title for construction 
shall be available for hire of passenger motor vehicles. 
SEC. 103. Funds made available in this title for construction 
may be used for advances to the Federal Highway Administration, 
Department of Transportation, for the construction of access roads 
as authorized by section 210 of title 23, United States Code, when 
projects authorized therein are certified as important to the national 
defense by the Secretary of Defense. 
SEC. 104. None of the funds made available in this title may 
be used to begin construction of new bases in the United States 
for which specific appropriations have not been made. 
SEC. 105. None of the funds made available in this title shall 
be used for purchase of land or land easements in excess of 100 
percent of the value as determined by the Army Corps of Engineers 
or the Naval Facilities Engineering Command, except: (1) where 
there is a determination of value by a Federal court; (2) purchases 
negotiated by the Attorney General or the designee of the Attorney 
General; (3) where the estimated value is less than $25,000; or 
(4) as otherwise determined by the Secretary of Defense to be 
in the public interest. 
SEC. 106. None of the funds made available in this title shall 
be used to: (1) acquire land; (2) provide for site preparation; or 
(3) install utilities for any family housing, except housing for which 
funds have been made available in annual Acts making appropria-
tions for military construction. 
SEC. 107. None of the funds made available in this title for 
minor construction may be used to transfer or relocate any activity 
from one base or installation to another, without prior notification 
to the Committees on Appropriations of both Houses of Congress. 
SEC. 108. None of the funds made available in this title may 
be used for the procurement of steel for any construction project 
or activity for which American steel producers, fabricators, and 
manufacturers have been denied the opportunity to compete for 
such steel procurement. 
SEC. 109. None of the funds available to the Department of 
Defense for military construction or family housing during the 
current fiscal year may be used to pay real property taxes in 
any foreign nation. 
SEC. 110. None of the funds made available in this title may 
be used to initiate a new installation overseas without prior notifica-
tion to the Committees on Appropriations of both Houses of Con-
gress. 
SEC. 111. None of the funds made available in this title may 
be obligated for architect and engineer contracts estimated by the 
Government to exceed $500,000 for projects to be accomplished 
in Japan, in any North Atlantic Treaty Organization member 
country, or in countries bordering the Arabian Sea, unless such 
contracts are awarded to United States firms or United States 
firms in joint venture with host nation firms. 
Contracts. 
Japan. 
Notification. 
Notification. 
Contracts. 
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122 STAT. 3698 
PUBLIC LAW 110–329—SEPT. 30, 2008 
SEC. 112. None of the funds made available in this title for 
military construction in the United States territories and posses-
sions in the Pacific and on Kwajalein Atoll, or in countries bordering 
the Arabian Sea, may be used to award any contract estimated 
by the Government to exceed $1,000,000 to a foreign contractor: 
Provided, That this section shall not be applicable to contract 
awards for which the lowest responsive and responsible bid of 
a United States contractor exceeds the lowest responsive and 
responsible bid of a foreign contractor by greater than 20 percent: 
Provided further, That this section shall not apply to contract 
awards for military construction on Kwajalein Atoll for which the 
lowest responsive and responsible bid is submitted by a Marshallese 
contractor. 
SEC. 113. The Secretary of Defense is to inform the appropriate 
committees of both Houses of Congress, including the Committees 
on Appropriations, of the plans and scope of any proposed military 
exercise involving United States personnel 30 days prior to its 
occurring, if amounts expended for construction, either temporary 
or permanent, are anticipated to exceed $100,000. 
SEC. 114. Not more than 20 percent of the funds made available 
in this title which are limited for obligation during the current 
fiscal year shall be obligated during the last two months of the 
fiscal year. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 115. Funds appropriated to the Department of Defense 
for construction in prior years shall be available for construction 
authorized for each such military department by the authorizations 
enacted into law during the current session of Congress. 
SEC. 116. For military construction or family housing projects 
that are being completed with funds otherwise expired or lapsed 
for obligation, expired or lapsed funds may be used to pay the 
cost of associated supervision, inspection, overhead, engineering 
and design on those projects and on subsequent claims, if any. 
SEC. 117. Notwithstanding any other provision of law, any 
funds made available to a military department or defense agency 
for the construction of military projects may be obligated for a 
military construction project or contract, or for any portion of such 
a project or contract, at any time before the end of the fourth 
fiscal year after the fiscal year for which funds for such project 
were made available, if the funds obligated for such project: (1) 
are obligated from funds available for military construction projects; 
and (2) do not exceed the amount appropriated for such project, 
plus any amount by which the cost of such project is increased 
pursuant to law. 
SEC. 118. (a) The Secretary of Defense, in consultation with 
the Secretary of State, shall submit to the Committees on Appro-
priations of both Houses of Congress, by February 15 of each 
year, an annual report in unclassified and, if necessary, classified 
form, on actions taken by the Department of Defense and the 
Department of State during the previous fiscal year to encourage 
host countries to assume a greater share of the common defense 
burden of such countries and the United States. 
(b) The report under subsection (a) shall include a description 
of— 
(1) attempts to secure cash and in-kind contributions from 
host countries for military construction projects; 
Deadlines. 
Reports. 
22 USC 1928 
note. 
Notification. 
Military exercise. 
Deadline. 
Contracts. 
Kwajalein Atoll. 
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122 STAT. 3699 
PUBLIC LAW 110–329—SEPT. 30, 2008 
(2) attempts to achieve economic incentives offered by host 
countries to encourage private investment for the benefit of 
the United States Armed Forces; 
(3) attempts to recover funds due to be paid to the United 
States by host countries for assets deeded or otherwise imparted 
to host countries upon the cessation of United States operations 
at military installations; 
(4) the amount spent by host countries on defense, in 
dollars and in terms of the percent of gross domestic product 
(GDP) of the host country; and 
(5) for host countries that are members of the North 
Atlantic Treaty Organization (NATO), the amount contributed 
to NATO by host countries, in dollars and in terms of the 
percent of the total NATO budget. 
(c) In this section, the term ‘‘host country’’ means other member 
countries of NATO, Japan, South Korea, and United States allies 
bordering the Arabian Sea. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 119. In addition to any other transfer authority available 
to the Department of Defense, proceeds deposited to the Department 
of Defense Base Closure Account established by section 207(a)(1) 
of the Defense Authorization Amendments and Base Closure and 
Realignment Act (10 U.S.C. 2687 note) pursuant to section 
207(a)(2)(C) of such Act, may be transferred to the account estab-
lished by section 2906(a)(1) of the Defense Base Closure and 
Realignment Act of 1990 (10 U.S.C. 2687 note), to be merged 
with, and to be available for the same purposes and the same 
time period as that account. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 120. Subject to 30 days prior notification, or 14 days 
for a notification provided in an electronic medium pursuant to 
sections 480 and 2883, of title 10, United States Code, to the 
Committees on Appropriations of both Houses of Congress, such 
additional amounts as may be determined by the Secretary of 
Defense may be transferred to: (1) the Department of Defense 
Family Housing Improvement Fund from amounts appropriated 
for construction in ‘‘Family Housing’’ accounts, to be merged with 
and to be available for the same purposes and for the same period 
of time as amounts appropriated directly to the Fund; or (2) the 
Department of Defense Military Unaccompanied Housing Improve-
ment Fund from amounts appropriated for construction of military 
unaccompanied housing in ‘‘Military Construction’’ accounts, to be 
merged with and to be available for the same purposes and for 
the same period of time as amounts appropriated directly to the 
Fund: Provided, That appropriations made available to the Funds 
shall be available to cover the costs, as defined in section 502(5) 
of the Congressional Budget Act of 1974, of direct loans or loan 
guarantees issued by the Department of Defense pursuant to the 
provisions of subchapter IV of chapter 169 of title 10, United States 
Code, pertaining to alternative means of acquiring and improving 
military family housing, military unaccompanied housing, and sup-
porting facilities. 
SEC. 121. (a) Not later than 60 days before issuing any solicita-
tion for a contract with the private sector for military family housing 
Deadline. 
Contracts. 
Notice. 
Deadlines. 
Notifications. 
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122 STAT. 3700 
PUBLIC LAW 110–329—SEPT. 30, 2008 
the Secretary of the military department concerned shall submit 
to the Committees on Appropriations of both Houses of Congress 
the notice described in subsection (b). 
(b)(1) A notice referred to in subsection (a) is a notice of any 
guarantee (including the making of mortgage or rental payments) 
proposed to be made by the Secretary to the private party under 
the contract involved in the event of— 
(A) the closure or realignment of the installation for which 
housing is provided under the contract; 
(B) a reduction in force of units stationed at such installa-
tion; or 
(C) the extended deployment overseas of units stationed 
at such installation. 
(2) Each notice under this subsection shall specify the nature 
of the guarantee involved and assess the extent and likelihood, 
if any, of the liability of the Federal Government with respect 
to the guarantee. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 122. In addition to any other transfer authority available 
to the Department of Defense, amounts may be transferred from 
the accounts established by sections 2906(a)(1) and 2906A(a)(1) 
of the Defense Base Closure and Realignment Act of 1990 (10 
U.S.C. 2687 note), to the fund established by section 1013(d) of 
the Demonstration Cities and Metropolitan Development Act of 
1966 (42 U.S.C. 3374) to pay for expenses associated with the 
Homeowners Assistance Program. Any amounts transferred shall 
be merged with and be available for the same purposes and for 
the same time period as the fund to which transferred. 
SEC. 123. Notwithstanding any other provision of law, funds 
made available in this title for operation and maintenance of family 
housing shall be the exclusive source of funds for repair and mainte-
nance of all family housing units, including general or flag officer 
quarters: Provided, That not more than $35,000 per unit may 
be spent annually for the maintenance and repair of any general 
or flag officer quarters without 30 days prior notification to the 
Committees on Appropriations of both Houses of Congress, except 
that an after-the-fact notification shall be submitted if the limitation 
is exceeded solely due to costs associated with environmental 
remediation that could not be reasonably anticipated at the time 
of the budget submission: Provided further, That the Under Sec-
retary of Defense (Comptroller) is to report annually to the Commit-
tees on Appropriations of both Houses of Congress all operation 
and maintenance expenditures for each individual general or flag 
officer quarters for the prior fiscal year. 
SEC. 124. Amounts contained in the Ford Island Improvement 
Account established by subsection (h) of section 2814 of title 10, 
United States Code, are appropriated and shall be available until 
expended for the purposes specified in subsection (i)(1) of such 
section or until transferred pursuant to subsection (i)(3) of such 
section. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 125. None of the funds made available in this title, or 
in any Act making appropriations for military construction which 
remain available for obligation, may be obligated or expended to 
Certification. 
Reports. 
Deadline. 
Notification. 
10 USC 2821 
note. 
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122 STAT. 3701 
PUBLIC LAW 110–329—SEPT. 30, 2008 
carry out a military construction, land acquisition, or family housing 
project at or for a military installation approved for closure, or 
at a military installation for the purposes of supporting a function 
that has been approved for realignment to another installation, 
in 2005 under the Defense Base Closure and Realignment Act 
of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 
2687 note), unless such a project at a military installation approved 
for realignment will support a continuing mission or function at 
that installation or a new mission or function that is planned 
for that installation, or unless the Secretary of Defense certifies 
that the cost to the United States of carrying out such project 
would be less than the cost to the United States of cancelling 
such project, or if the project is at an active component base that 
shall be established as an enclave or in the case of projects having 
multi-agency use, that another Government agency has indicated 
it will assume ownership of the completed project. The Secretary 
of Defense may not transfer funds made available as a result 
of this limitation from any military construction project, land 
acquisition, or family housing project to another account or use 
such funds for another purpose or project without the prior approval 
of the Committees on Appropriations of both Houses of Congress. 
This section shall not apply to military construction projects, land 
acquisition, or family housing projects for which the project is 
vital to the national security or the protection of health, safety, 
or environmental quality: Provided, That the Secretary of Defense 
shall notify the congressional defense committees within seven days 
of a decision to carry out such a military construction project. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 126. During the 5-year period after appropriations avail-
able in this Act to the Department of Defense for military construc-
tion and family housing operation and maintenance and construc-
tion have expired for obligation, upon a determination that such 
appropriations will not be necessary for the liquidation of obligations 
or for making authorized adjustments to such appropriations for 
obligations incurred during the period of availability of such appro-
priations, unobligated balances of such appropriations may be trans-
ferred into the appropriation ‘‘Foreign Currency Fluctuations, 
Construction, Defense’’, to be merged with and to be available 
for the same time period and for the same purposes as the appro-
priation to which transferred. 
SEC. 127. None of the funds appropriated or otherwise made 
available in this title may be used for any action that is related 
to or promotes the expansion of the boundaries or size of the 
Pinon Canyon Maneuver Site, Colorado. 
SEC. 128. Amounts appropriated or otherwise made available 
in an account funded under the headings in this title may be 
transferred among projects and activities within that account in 
accordance with the reprogramming guidelines for military 
construction and family housing construction contained in the 
explanatory statement described in section 4 (in the matter pre-
ceding division A of this consolidated Act), and in the guidance 
for military construction reprogrammings and notifications con-
tained in Department of Defense Financial Management Regulation 
7000.14–R, Volume 3, Chapter 7, of December 1996, as in effect 
on the date of enactment of this Act. 
Colorado. 
Notification. 
Deadline. 
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122 STAT. 3702 
PUBLIC LAW 110–329—SEPT. 30, 2008 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 129. (a) Of the amount appropriated or otherwise made 
available by this Act for the Department of Defense under the 
heading ‘‘Military Construction, Air Force’’ and available for plan-
ning and design, the Secretary of the Air Force shall, in accordance 
with section 1535 of title 31, United States Code, transfer $500,000 
to the American Battle Monuments Commission to conduct an 
engineering study on the restoration of the Lafayette Escadrille 
Memorial in Marnes-La-Coquette, France. 
(b) The study conducted pursuant to subsection (a) shall 
include: 
(1) an estimate of costs to be incurred to restore the struc-
ture, features, landscaped grounds and caretaker’s quarters 
of the Lafayette Escadrille Memorial to standards similar to 
memorials and burial grounds administered by the American 
Battle Monuments Commission; and 
(2) an estimate of annual costs for the long-term preserva-
tion, maintenance, and operation of the memorial under those 
standards. 
(c) The amount transferred under subsection (a) shall remain 
available until expended. 
SEC. 130. Of the funds provided for ‘‘Family Housing Construc-
tion, Defense-Wide’’ under Public Law 110–5, $6,040,000 are hereby 
rescinded. 
SEC. 131. In addition to amounts otherwise appropriated or 
made available under the heading ‘‘Military Construction, Air 
National Guard’’, there is hereby appropriated an additional 
$28,000,000, to remain available until September 30, 2013, for 
the construction of Air National Guard fire stations: Provided, That 
notwithstanding any other provision of law, such funds may be 
obligated and expended to carry out planning and design and 
construction not otherwise authorized by law: Provided further, 
That within 30 days of enactment of this Act, and prior to obligation 
of funds, the Air National Guard shall submit to the Committees 
on Appropriations of both Houses of Congress an expenditure plan 
for funds provided under this section. 
SEC. 132. In addition to amounts otherwise appropriated or 
made available under the heading ‘‘Military Construction, Army 
National Guard’’, there is hereby appropriated an additional 
$147,000,000 to remain available until September 30, 2013, for 
the construction of facilities consistent with Army National Guard 
emerging requirements: Provided, That notwithstanding any other 
provision of law, such funds may be obligated and expended to 
carry out planning and design and construction not otherwise 
authorized by law: Provided further, That within 30 days of enact-
ment of this Act, and prior to obligation of funds, the Director 
of the Army National Guard shall submit to the Committees on 
Appropriations of both Houses of Congress an expenditure plan 
for funds provided under this section. 
Deadline. 
Expenditure 
plan. 
Deadline. 
Expenditure 
plan. 
Study. 
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122 STAT. 3703 
PUBLIC LAW 110–329—SEPT. 30, 2008 
TITLE II 
DEPARTMENT OF VETERANS AFFAIRS 
VETERANS BENEFITS ADMINISTRATION 
COMPENSATION AND PENSIONS 
(INCLUDING TRANSFER OF FUNDS) 
For the payment of compensation benefits to or on behalf of 
veterans and a pilot program for disability examinations as author-
ized by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61 
of title 38, United States Code; pension benefits to or on behalf 
of veterans as authorized by chapters 15, 51, 53, 55, and 61 of 
title 38, United States Code; and burial benefits, the Reinstated 
Entitlement Program for Survivors, emergency and other officers’ 
retirement pay, adjusted-service credits and certificates, payment 
of premiums due on commercial life insurance policies guaranteed 
under the provisions of title IV of the Servicemembers Civil Relief 
Act (50 U.S.C. App. 541 et seq.) and for other benefits as authorized 
by sections 107, 1312, 1977, and 2106, and chapters 23, 51, 53, 
55, and 61 of title 38, United States Code, $43,111,681,000, to 
remain available until expended: Provided, That not to exceed 
$26,798,000 of the amount appropriated under this heading shall 
be reimbursed to ‘‘General operating expenses’’, ‘‘Medical support 
and compliance’’, and ‘‘Information technology systems’’ for nec-
essary expenses in implementing the provisions of chapters 51, 
53, and 55 of title 38, United States Code, the funding source 
for which is specifically provided as the ‘‘Compensation and pen-
sions’’ appropriation: Provided further, That such sums as may 
be earned on an actual qualifying patient basis, shall be reimbursed 
to ‘‘Medical care collections fund’’ to augment the funding of indi-
vidual medical facilities for nursing home care provided to pen-
sioners as authorized. 
READJUSTMENT BENEFITS 
For the payment of readjustment and rehabilitation benefits 
to or on behalf of veterans as authorized by chapters 21, 30, 31, 
33, 34, 35, 36, 39, 51, 53, 55, and 61 of title 38, United States 
Code, $3,832,944,000, to remain available until expended: Provided, 
That expenses for rehabilitation program services and assistance 
which the Secretary is authorized to provide under subsection (a) 
of section 3104 of title 38, United States Code, other than under 
paragraphs (1), (2), (5), and (11) of that subsection, shall be charged 
to this account. 
VETERANS INSURANCE AND INDEMNITIES 
For military and naval insurance, national service life insur-
ance, servicemen’s indemnities, service-disabled veterans insurance, 
and veterans mortgage life insurance as authorized by title 38, 
United States Code, chapters 19 and 21, $42,300,000, to remain 
available until expended. 
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122 STAT. 3704 
PUBLIC LAW 110–329—SEPT. 30, 2008 
VETERANS HOUSING BENEFIT PROGRAM FUND 
For the cost of direct and guaranteed loans, such sums as 
may be necessary to carry out the program, as authorized by sub-
chapters I through III of chapter 37 of title 38, United States 
Code: Provided, That such costs, including the cost of modifying 
such loans, shall be as defined in section 502 of the Congressional 
Budget Act of 1974: Provided further, That during fiscal year 2009, 
within the resources available, not to exceed $500,000 in gross 
obligations for direct loans are authorized for specially adapted 
housing loans. 
In addition, for administrative expenses to carry out the direct 
and guaranteed loan programs, $157,210,000. 
VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT 
(INCLUDING TRANSFER OF FUNDS) 
For the cost of direct loans, $61,000, as authorized by chapter 
31 of title 38, United States Code: Provided, That such costs, 
including the cost of modifying such loans, shall be as defined 
in section 502 of the Congressional Budget Act of 1974: Provided 
further, That funds made available under this heading are available 
to subsidize gross obligations for the principal amount of direct 
loans not to exceed $3,180,000. 
In addition, for administrative expenses necessary to carry 
out the direct loan program, $320,000, which may be paid to the 
appropriation for ‘‘General operating expenses’’. 
NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT 
For administrative expenses to carry out the direct loan pro-
gram authorized by subchapter V of chapter 37 of title 38, United 
States Code, $646,000. 
GUARANTEED TRANSITIONAL HOUSING LOANS FOR HOMELESS 
VETERANS PROGRAM ACCOUNT 
For the administrative expenses to carry out the guaranteed 
transitional housing loan program authorized by subchapter VI 
of chapter 20 of title 38, United States Code, not to exceed $750,000 
of the amounts appropriated by this Act for ‘‘General operating 
expenses’’ and ‘‘Medical support and compliance’’ may be expended. 
VETERANS HEALTH ADMINISTRATION 
MEDICAL SERVICES 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses for furnishing, as authorized by law, 
inpatient and outpatient care and treatment to beneficiaries of 
the Department of Veterans Affairs and veterans described in sec-
tion 1705(a) of title 38, United States Code, including care and 
treatment in facilities not under the jurisdiction of the Department, 
and including medical supplies and equipment, food services, and 
salaries and expenses of health-care employees hired under title 
38, United States Code, and aid to State homes as authorized 
by section 1741 of title 38, United States Code; $30,969,903,000, 
plus reimbursements, of which not less than $3,800,000,000 shall 
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122 STAT. 3705 
PUBLIC LAW 110–329—SEPT. 30, 2008 
be expended for specialty mental health care and of which 
$250,000,000 shall be for establishment and implementation of 
a new rural health outreach and delivery initiative: Provided, That 
of the funds made available under this heading, not to exceed 
$1,600,000,000 shall be available until September 30, 2010: Pro-
vided further, That, notwithstanding any other provision of law, 
the Secretary of Veterans Affairs shall establish a priority for 
the provision of medical treatment for veterans who have service- 
connected disabilities, lower income, or have special needs: Provided 
further, That, notwithstanding any other provision of law, the Sec-
retary of Veterans Affairs shall give priority funding for the provi-
sion of basic medical benefits to veterans in enrollment priority 
groups 1 through 6: Provided further, That, notwithstanding any 
other provision of law, the Secretary of Veterans Affairs may 
authorize the dispensing of prescription drugs from Veterans Health 
Administration facilities to enrolled veterans with privately written 
prescriptions based on requirements established by the Secretary: 
Provided further, That the implementation of the program described 
in the previous proviso shall incur no additional cost to the Depart-
ment of Veterans Affairs: Provided further, That for the Department 
of Defense/Department of Veterans Affairs Health Care Sharing 
Incentive Fund, as authorized by section 8111(d) of title 38, United 
States Code, a minimum of $15,000,000, to remain available until 
expended, for any purpose authorized by section 8111 of title 38, 
United States Code. 
MEDICAL SUPPORT AND COMPLIANCE 
For necessary expenses in the administration of the medical, 
hospital, nursing home, domiciliary, construction, supply, and 
research activities, as authorized by law; administrative expenses 
in support of capital policy activities; and administrative and legal 
expenses of the Department for collecting and recovering amounts 
owed the Department as authorized under chapter 17 of title 38, 
United States Code, and the Federal Medical Care Recovery Act 
(42 U.S.C. 2651 et seq.): $4,450,000,000, plus reimbursements, of 
which $250,000,000 shall be available until September 30, 2010. 
MEDICAL FACILITIES 
For necessary expenses for the maintenance and operation of 
hospitals, nursing homes, and domiciliary facilities and other nec-
essary facilities of the Veterans Health Administration; for adminis-
trative expenses in support of planning, design, project manage-
ment, real property acquisition and disposition, construction, and 
renovation of any facility under the jurisdiction or for the use 
of the Department; for oversight, engineering, and architectural 
activities not charged to project costs; for repairing, altering, 
improving, or providing facilities in the several hospitals and homes 
under the jurisdiction of the Department, not otherwise provided 
for, either by contract or by the hire of temporary employees and 
purchase of materials; for leases of facilities; and for laundry serv-
ices, $5,029,000,000, plus reimbursements, of which $350,000,000 
shall be available until September 30, 2010: Provided, That 
$300,000,000 for non-recurring maintenance provided under this 
heading shall be allocated in a manner not subject to the Veterans 
Equitable Resource Allocation. 
Priorities. 
Priorities. 
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122 STAT. 3706 
PUBLIC LAW 110–329—SEPT. 30, 2008 
MEDICAL AND PROSTHETIC RESEARCH 
For necessary expenses in carrying out programs of medical 
and prosthetic research and development as authorized by chapter 
73 of title 38, United States Code, $510,000,000, plus reimburse-
ments, to remain available until September 30, 2010. 
NATIONAL CEMETERY ADMINISTRATION 
For necessary expenses of the National Cemetery Administra-
tion for operations and maintenance, not otherwise provided for, 
including uniforms or allowances therefor; cemeterial expenses as 
authorized by law; purchase of one passenger motor vehicle for 
use in cemeterial operations; hire of passenger motor vehicles; and 
repair, alteration or improvement of facilities under the jurisdiction 
of the National Cemetery Administration, $230,000,000, of which 
not to exceed $23,000,000 shall be available until September 30, 
2010. 
DEPARTMENTAL ADMINISTRATION 
GENERAL OPERATING EXPENSES 
For necessary operating expenses of the Department of Vet-
erans Affairs, not otherwise provided for, including administrative 
expenses in support of Department-Wide capital planning, manage-
ment and policy activities, uniforms, or allowances therefor; not 
to exceed $25,000 for official reception and representation expenses; 
hire of passenger motor vehicles; and reimbursement of the General 
Services Administration for security guard services, and the Depart-
ment of Defense for the cost of overseas employee mail, 
$1,801,867,000: Provided, That expenses for services and assistance 
authorized under paragraphs (1), (2), (5), and (11) of section 3104(a) 
of title 38, United States Code, that the Secretary of Veterans 
Affairs determines are necessary to enable entitled veterans: (1) 
to the maximum extent feasible, to become employable and to 
obtain and maintain suitable employment; or (2) to achieve max-
imum independence in daily living, shall be charged to this account: 
Provided further, That the Veterans Benefits Administration shall 
be funded at not less than $1,466,095,000: Provided further, That 
of the funds made available under this heading, not to exceed 
$83,000,000 shall be available for obligation until September 30, 
2010: Provided further, That from the funds made available under 
this heading, the Veterans Benefits Administration may purchase 
(on a one-for-one replacement basis only) up to two passenger 
motor vehicles for use in operations of that Administration in 
Manila, Philippines. 
INFORMATION TECHNOLOGY SYSTEMS 
For necessary expenses for information technology systems and 
telecommunications support, including developmental information 
systems and operational information systems; for pay and associated 
costs; and for the capital asset acquisition of information technology 
systems, including management and related contractual costs of 
said acquisitions, including contractual costs associated with oper-
ations authorized by section 3109 of title 5, United States Code, 
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122 STAT. 3707 
PUBLIC LAW 110–329—SEPT. 30, 2008 
$2,489,391,000, plus reimbursements, to be available until Sep-
tember 30, 2010: Provided, That of the funds made available under 
this heading, not less than $48,000,000 shall be for the Financial 
and Logistics Integrated Technology Enterprise program: Provided 
further, That none of these funds may be obligated until the Depart-
ment of Veterans Affairs submits to the Committees on Appropria-
tions of both Houses of Congress, and such Committees approve, 
a plan for expenditure that: (1) meets the capital planning and 
investment control review requirements established by the Office 
of Management and Budget; (2) complies with the Department 
of Veterans Affairs enterprise architecture; (3) conforms with an 
established enterprise life cycle methodology; and (4) complies with 
the acquisition rules, requirements, guidelines, and systems acquisi-
tion management practices of the Federal Government: Provided 
further, That within 30 days of enactment of this Act, the Secretary 
of Veterans Affairs shall submit to the Committees on Appropria-
tions of both Houses of Congress a reprogramming base letter 
which provides, by project, the costs included in this appropriation. 
OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector General, to 
include information technology, in carrying out the provisions of 
the Inspector General Act of 1978 (5 U.S.C. App.), $87,818,000, 
of which $5,000,000 shall be available until September 30, 2010. 
CONSTRUCTION, MAJOR PROJECTS 
For constructing, altering, extending, and improving any of 
the facilities, including parking projects, under the jurisdiction or 
for the use of the Department of Veterans Affairs, or for any 
of the purposes set forth in sections 316, 2404, 2406, 8102, 8103, 
8106, 8108, 8109, 8110, and 8122 of title 38, United States Code, 
including 
planning, 
architectural 
and 
engineering 
services, 
construction management services, maintenance or guarantee 
period services costs associated with equipment guarantees provided 
under the project, services of claims analysts, offsite utility and 
storm drainage system construction costs, and site acquisition, 
where the estimated cost of a project is more than the amount 
set forth in section 8104(a)(3)(A) of title 38, United States Code, 
or where funds for a project were made available in a previous 
major project appropriation, $923,382,000, to remain available until 
expended, of which $10,000,000 shall be to make reimbursements 
as provided in section 13 of the Contract Disputes Act of 1978 
(41 U.S.C. 612) for claims paid for contract disputes: Provided, 
That except for advance planning activities, including needs assess-
ments which may or may not lead to capital investments, and 
other capital asset management related activities, including port-
folio development and management activities, and investment 
strategy studies funded through the advance planning fund and 
the planning and design activities funded through the design fund, 
including needs assessments which may or may not lead to capital 
investments, and funds provided for the purchase of land for the 
National Cemetery Administration through the land acquisition 
line item, none of the funds appropriated under this heading shall 
be used for any project which has not been approved by the Congress 
in the budgetary process: Provided further, That funds provided 
in this appropriation for fiscal year 2009, for each approved project 
Contracts. 
Deadlines. 
Deadline. 
Submission. 
Expenditure 
plan. 
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122 STAT. 3708 
PUBLIC LAW 110–329—SEPT. 30, 2008 
shall be obligated: (1) by the awarding of a construction documents 
contract by September 30, 2009; and (2) by the awarding of a 
construction contract by September 30, 2010: Provided further, That 
the Secretary of Veterans Affairs shall promptly submit to the 
Committees on Appropriations of both Houses of Congress a written 
report on any approved major construction project for which obliga-
tions are not incurred within the time limitations established above: 
Provided further, That of the amount appropriated in this para-
graph, $923,382,000 shall be for the projects and activities, and 
in the amounts, specified under this heading in the explanatory 
statement described in section 4 (in the matter preceding division 
A of this consolidated Act). 
CONSTRUCTION, MINOR PROJECTS 
For constructing, altering, extending, and improving any of 
the facilities, including parking projects, under the jurisdiction or 
for the use of the Department of Veterans Affairs, including plan-
ning and assessments of needs which may lead to capital invest-
ments, architectural and engineering services, maintenance or guar-
antee period services costs associated with equipment guarantees 
provided under the project, services of claims analysts, offsite utility 
and storm drainage system construction costs, and site acquisition, 
or for any of the purposes set forth in sections 316, 2404, 2406, 
8102, 8103, 8106, 8108, 8109, 8110, 8122, and 8162 of title 38, 
United States Code, where the estimated cost of a project is equal 
to or less than the amount set forth in section 8104(a)(3)(A) of 
title 38, United States Code, $741,534,000, to remain available 
until expended, along with unobligated balances of previous 
‘‘Construction, minor projects’’ appropriations which are hereby 
made available for any project where the estimated cost is equal 
to or less than the amount set forth in such section: Provided, 
That funds in this account shall be available for: (1) repairs to 
any of the nonmedical facilities under the jurisdiction or for the 
use of the Department which are necessary because of loss or 
damage caused by any natural disaster or catastrophe; and (2) 
temporary measures necessary to prevent or to minimize further 
loss by such causes: Provided further: That $7,000,000 of the amount 
appropriated in this paragraph shall be for the installation of alter-
native fueling stations at 35 medical facility campuses. 
GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES 
For grants to assist States to acquire or construct State nursing 
home and domiciliary facilities and to remodel, modify, or alter 
existing hospital, nursing home, and domiciliary facilities in State 
homes, for furnishing care to veterans as authorized by sections 
8131 through 8137 of title 38, United States Code, $175,000,000, 
to remain available until expended. 
GRANTS FOR CONSTRUCTION OF STATE VETERANS CEMETERIES 
For grants to assist States in establishing, expanding, or 
improving State veterans cemeteries as authorized by section 2408 
of title 38, United States Code, $42,000,000, to remain available 
until expended. 
Reports. 
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122 STAT. 3709 
PUBLIC LAW 110–329—SEPT. 30, 2008 
ADMINISTRATIVE PROVISIONS 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 201. Any appropriation for fiscal year 2009 for ‘‘Compensa-
tion and pensions’’, ‘‘Readjustment benefits’’, and ‘‘Veterans insur-
ance and indemnities’’ may be transferred as necessary to any 
other of the mentioned appropriations: Provided, That before a 
transfer may take place, the Secretary of Veterans Affairs shall 
request from the Committees on Appropriations of both Houses 
of Congress the authority to make the transfer and such Committees 
issue an approval, or absent a response, a period of 30 days has 
elapsed. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 202. Amounts made available for the Department of Vet-
erans Affairs for fiscal year 2009, in this Act or any other Act, 
under the ‘‘Medical services’’, ‘‘Medical support and compliance’’, 
and ‘‘Medical facilities’’ accounts may be transferred among the 
accounts to the extent necessary to implement the restructuring 
of the Veterans Health Administration accounts: Provided, That 
any transfers between the ‘‘Medical services’’ and ‘‘Medical support 
and compliance’’ accounts of 1 percent or less of the total amount 
appropriated to the account in this or any other Act may take 
place subject to notification from the Secretary of Veterans Affairs 
to the Committees on Appropriations of both Houses of Congress 
of the amount and purpose of the transfer: Provided further, That 
any transfers between the ‘‘Medical services’’ and ‘‘Medical support 
and compliance’’ accounts in excess of 1 percent, or exceeding the 
cumulative 1 percent for the fiscal year, may take place only after 
the Secretary requests from the Committees on Appropriations 
of both Houses of Congress the authority to make the transfer 
and an approval is issued: Provided further, That any transfers 
to or from the ‘‘Medical facilities’’ account may take place only 
after the Secretary requests from the Committees on Appropriations 
of both Houses of Congress the authority to make the transfer 
and an approval is issued. 
SEC. 203. Appropriations available in this title for salaries 
and expenses shall be available for services authorized by section 
3109 of title 5, United States Code, hire of passenger motor vehicles; 
lease of a facility or land or both; and uniforms or allowances 
therefore, as authorized by sections 5901 through 5902 of title 
5, United States Code. 
SEC. 204. No appropriations in this title (except the appropria-
tions for ‘‘Construction, major projects’’, and ‘‘Construction, minor 
projects’’) shall be available for the purchase of any site for or 
toward the construction of any new hospital or home. 
SEC. 205. No appropriations in this title shall be available 
for hospitalization or examination of any persons (except bene-
ficiaries entitled to such hospitalization or examination under the 
laws providing such benefits to veterans, and persons receiving 
such treatment under sections 7901 through 7904 of title 5, United 
States Code, or the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5121 et seq.)), unless reimburse-
ment of the cost of such hospitalization or examination is made 
to the ‘‘Medical services’’ account at such rates as may be fixed 
by the Secretary of Veterans Affairs. 
Notification. 
Deadline. 
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122 STAT. 3710 
PUBLIC LAW 110–329—SEPT. 30, 2008 
SEC. 206. Appropriations available in this title for ‘‘Compensa-
tion and pensions’’, ‘‘Readjustment benefits’’, and ‘‘Veterans insur-
ance and indemnities’’ shall be available for payment of prior year 
accrued obligations required to be recorded by law against the 
corresponding prior year accounts within the last quarter of fiscal 
year 2008. 
SEC. 207. Appropriations available in this title shall be available 
to pay prior year obligations of corresponding prior year appropria-
tions accounts resulting from sections 3328(a), 3334, and 3712(a) 
of title 31, United States Code, except that if such obligations 
are from trust fund accounts they shall be payable only from ‘‘Com-
pensation and pensions’’. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 208. Notwithstanding any other provision of law, during 
fiscal year 2009, the Secretary of Veterans Affairs shall, from the 
National Service Life Insurance Fund (38 U.S.C. 1920), the Vet-
erans’ Special Life Insurance Fund (38 U.S.C. 1923), and the United 
States Government Life Insurance Fund (38 U.S.C. 1955), reimburse 
the ‘‘General operating expenses’’ and ‘‘Information technology sys-
tems’’ accounts for the cost of administration of the insurance 
programs financed through those accounts: Provided, That 
reimbursement shall be made only from the surplus earnings 
accumulated in such an insurance program during fiscal year 2009 
that are available for dividends in that program after claims have 
been paid and actuarially determined reserves have been set aside: 
Provided further, That if the cost of administration of such an 
insurance program exceeds the amount of surplus earnings accumu-
lated in that program, reimbursement shall be made only to the 
extent of such surplus earnings: Provided further, That the Sec-
retary shall determine the cost of administration for fiscal year 
2009 which is properly allocable to the provision of each such 
insurance program and to the provision of any total disability 
income insurance included in that insurance program. 
SEC. 209. Amounts deducted from enhanced-use lease proceeds 
to reimburse an account for expenses incurred by that account 
during a prior fiscal year for providing enhanced-use lease services, 
may be obligated during the fiscal year in which the proceeds 
are received. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 210. Funds available in this title or funds for salaries 
and other administrative expenses shall also be available to 
reimburse the Office of Resolution Management of the Department 
of Veterans Affairs and the Office of Employment Discrimination 
Complaint Adjudication under section 319 of title 38, United States 
Code, for all services provided at rates which will recover actual 
costs but not exceed $34,158,000 for the Office of Resolution 
Management and $3,278,000 for the Office of Employment and 
Discrimination Complaint Adjudication: Provided, That payments 
may be made in advance for services to be furnished based on 
estimated costs: Provided further, That amounts received shall be 
credited to the ‘‘General operating expenses’’ and ‘‘Information tech-
nology systems’’ accounts for use by the office that provided the 
service. 
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122 STAT. 3711 
PUBLIC LAW 110–329—SEPT. 30, 2008 
SEC. 211. No appropriations in this title shall be available 
to enter into any new lease of real property if the estimated annual 
rental is more than $1,000,000 unless the Secretary submits a 
report which the Committees on Appropriations of both Houses 
of Congress approve within 30 days following the date on which 
the report is received. 
SEC. 212. No funds of the Department of Veterans Affairs 
shall be available for hospital care, nursing home care, or medical 
services provided to any person under chapter 17 of title 38, United 
States Code, for a non-service-connected disability described in sec-
tion 1729(a)(2) of such title, unless that person has disclosed to 
the Secretary of Veterans Affairs, in such form as the Secretary 
may require, current, accurate third-party reimbursement informa-
tion for purposes of section 1729 of such title: Provided, That 
the Secretary may recover, in the same manner as any other debt 
due the United States, the reasonable charges for such care or 
services from any person who does not make such disclosure as 
required: Provided further, That any amounts so recovered for care 
or services provided in a prior fiscal year may be obligated by 
the Secretary during the fiscal year in which amounts are received. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 213. Notwithstanding any other provision of law, proceeds 
or revenues derived from enhanced-use leasing activities (including 
disposal) may be deposited into the ‘‘Construction, major projects’’ 
and ‘‘Construction, minor projects’’ accounts and be used for 
construction (including site acquisition and disposition), alterations, 
and improvements of any medical facility under the jurisdiction 
or for the use of the Department of Veterans Affairs. Such sums 
as realized are in addition to the amount provided for in ‘‘Construc-
tion, major projects’’ and ‘‘Construction, minor projects’’. 
SEC. 214. Amounts made available under ‘‘Medical services’’ 
are available— 
(1) for furnishing recreational facilities, supplies, and equip-
ment; and 
(2) for funeral expenses, burial expenses, and other 
expenses incidental to funerals and burials for beneficiaries 
receiving care in the Department. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 215. Such sums as may be deposited to the Medical 
Care Collections Fund pursuant to section 1729A of title 38, United 
States Code, may be transferred to ‘‘Medical services’’, to remain 
available until expended for the purposes of that account. 
SEC. 216. Notwithstanding any other provision of law, the 
Secretary of Veterans Affairs shall allow veterans who are eligible 
under existing Department of Veterans Affairs medical care require-
ments and who reside in Alaska to obtain medical care services 
from medical facilities supported by the Indian Health Service 
or tribal organizations. The Secretary shall: (1) limit the application 
of this provision to rural Alaskan veterans in areas where an 
existing Department of Veterans Affairs facility or Veterans Affairs- 
contracted service is unavailable; (2) require participating veterans 
and facilities to comply with all appropriate rules and regulations, 
as established by the Secretary; (3) require this provision to be 
consistent with Capital Asset Realignment for Enhanced Services 
Alaska. 
Reports. 
Deadline. 
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122 STAT. 3712 
PUBLIC LAW 110–329—SEPT. 30, 2008 
activities; and (4) result in no additional cost to the Department 
of Veterans Affairs or the Indian Health Service. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 217. Such sums as may be deposited to the Department 
of Veterans Affairs Capital Asset Fund pursuant to section 8118 
of title 38, United States Code, may be transferred to the ‘‘Construc-
tion, major projects’’ and ‘‘Construction, minor projects’’ accounts, 
to remain available until expended for the purposes of these 
accounts. 
SEC. 218. None of the funds available to the Department of 
Veterans Affairs, in this Act, or any other Act, may be used to 
replace the current system by which the Veterans Integrated Serv-
ices Networks select and contract for diabetes monitoring supplies 
and equipment. 
SEC. 219. None of the funds made available in this title may 
be used to implement any policy prohibiting the Directors of the 
Veterans Integrated Services Networks from conducting outreach 
or marketing to enroll new veterans within their respective Net-
works. 
SEC. 220. The Secretary of Veterans Affairs shall submit to 
the Committees on Appropriations of both Houses of Congress a 
quarterly report on the financial status of the Veterans Health 
Administration. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 221. Amounts made available under the ‘‘Medical services’’, 
‘‘Medical support and compliance’’, ‘‘Medical facilities’’, ‘‘General 
operating expenses’’, and ‘‘National Cemetery Administration’’ 
accounts for fiscal year 2009, may be transferred to or from the 
‘‘Information technology systems’’ account: Provided, That before 
a transfer may take place, the Secretary of Veterans Affairs shall 
request from the Committees on Appropriations of both Houses 
of Congress the authority to make the transfer and an approval 
is issued. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 222. Amounts made available for the ‘‘Information tech-
nology systems’’ account may be transferred between projects: Pro-
vided, That no project may be increased or decreased by more 
than $1,000,000 of cost prior to submitting a request to the Commit-
tees on Appropriations of both Houses of Congress to make the 
transfer and an approval is issued, or absent a response, a period 
of 30 days has elapsed. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 223. Any balances in prior year accounts established for 
the payment of benefits under the Reinstated Entitlement Program 
for Survivors shall be transferred to and merged with amounts 
available under the ‘‘Compensation and pensions’’ account, and 
receipts that would otherwise be credited to the accounts established 
for the payment of benefits under the Reinstated Entitlement Pro-
gram for Survivors program shall be credited to amounts available 
under the ‘‘Compensation and pensions’’ account. 
Deadline. 
Deadlines. 
Reports. 
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122 STAT. 3713 
PUBLIC LAW 110–329—SEPT. 30, 2008 
SEC. 224. Section 1710(f)(2)(B) of title 38, United States Code, 
is amended by striking ‘‘September 30, 2008,’’ and inserting ‘‘Sep-
tember 30, 2009,’’. 
SEC. 225. Section 1729(a)(2)(E) of title 38, United States Code, 
is amended by striking ‘‘October 1, 2008,’’ and inserting ‘‘October 
1, 2009,’’. 
SEC. 226. The Department shall continue research into Gulf 
War illness at levels not less than those made available in fiscal 
year 2008, within available funds contained in this Act. 
SEC. 227. (a) Upon a determination by the Secretary of Veterans 
Affairs that such action is in the national interest, and will have 
a direct benefit for veterans through increased access to treatment, 
the Secretary of Veterans Affairs may transfer not more than 
$5,000,000 to the Secretary of Health and Human Services for 
the Graduate Psychology Education Program, which includes treat-
ment of veterans, to support increased training of psychologists 
skilled in the treatment of post-traumatic stress disorder, traumatic 
brain injury, and related disorders. 
(b) The Secretary of Health and Human Services may only 
use funds transferred under this section for the purposes described 
in subsection (a). 
(c) The Secretary of Veterans Affairs shall notify Congress 
of any such transfer of funds under this section. 
SEC. 228. None of the funds appropriated or otherwise made 
available by this Act or any other Act for the Department of Vet-
erans Affairs may be used in a manner that is inconsistent with— 
(1) section 842 of the Transportation, Treasury, Housing 
and Urban Development, the Judiciary, and Independent Agen-
cies Appropriations Act, 2006 (Public Law 109–115; 119 Stat. 
2506); or 
(2) section 8110(a)(5) of title 38, United States Code. 
SEC. 229. The Secretary of Veterans Affairs may carry out 
a major medical facility lease in fiscal year 2009 in an amount 
not to exceed $12,000,000 to implement the recommendations out-
lined in the August 2007 Study of South Texas Veterans’ Inpatient 
and Specialty Outpatient Health Care Needs. 
SEC. 230. Of the amounts made available to the Department 
of Veterans Affairs for fiscal year 2009, in this Act or any other 
Act, under the ‘‘Medical Facilities’’ account for non-recurring 
maintenance, not more than 20 percent of the funds made available 
shall be obligated during the last 2 months of the fiscal year: 
Provided, That the Secretary may waive this requirement after 
providing written notice to the Committees on Appropriations of 
both Houses of Congress. 
SEC. 231. Section 2703 of the Emergency Supplemental Appro-
priations Act for Defense, the Global War on Terror, and Hurricane 
Recovery, 2006 (120 Stat. 469) is amended— 
(1) by inserting ‘‘(a)’’ before ‘‘Notwithstanding’’; and 
(2) by adding at the end the following: 
‘‘(b) This land shall be owned by the City of Gulfport for 
no less than 50 years from the date of enactment of this Act.’’. 
SEC. 232. None of the funds made available in this Act may 
be used to carry out section 111(c)(5) of title 38, United States 
Code, during fiscal year 2009. 
SEC. 233. Notwithstanding any other provision of law, authority 
to carry out activities provided for under section 1703(d)(4) of title 
38, United States Code, shall continue in effect until January 
Extension date. 
Waiver authority. 
Notice. 
Notification. 
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122 STAT. 3714 
PUBLIC LAW 110–329—SEPT. 30, 2008 
31, 2009, unless prior to that date, authorization is enacted into 
law otherwise extending this authority. 
SEC. 234. Notwithstanding any other provision of law, authority 
to carry out activities provided for under section 5317(g) of title 
38, United States Code, shall continue in effect until January 
31, 2009, unless prior to that date, authorization is enacted into 
law otherwise extending this authority. 
TITLE III 
RELATED AGENCIES 
AMERICAN BATTLE MONUMENTS COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses, not otherwise provided for, of the 
American Battle Monuments Commission, including the acquisition 
of land or interest in land in foreign countries; purchases and 
repair of uniforms for caretakers of national cemeteries and monu-
ments outside of the United States and its territories and posses-
sions; rent of office and garage space in foreign countries; purchase 
(one-for-one replacement basis only) and hire of passenger motor 
vehicles; not to exceed $7,500 for official reception and representa-
tion expenses; and insurance of official motor vehicles in foreign 
countries, when required by law of such countries, $59,470,000, 
to remain available until expended. 
FOREIGN CURRENCY FLUCTUATIONS ACCOUNT 
For necessary expenses, not otherwise provided for, of the 
American Battle Monuments Commission, such sums as may be 
necessary, to remain available until expended, for purposes author-
ized by section 2109 of title 36, United States Code. 
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS 
SALARIES AND EXPENSES 
For necessary expenses for the operation of the United States 
Court of Appeals for Veterans Claims as authorized by sections 
7251 through 7298 of title 38, United States Code, $30,975,000, 
of which $1,700,000 shall be available for the purpose of providing 
financial assistance as described, and in accordance with the process 
and reporting procedures set forth, under this heading in Public 
Law 102–229. 
DEPARTMENT OF DEFENSE—CIVIL 
CEMETERIAL EXPENSES, ARMY 
SALARIES AND EXPENSES 
For necessary expenses, as authorized by law, for maintenance, 
operation, and improvement of Arlington National Cemetery and 
Soldiers’ and Airmen’s Home National Cemetery, including the 
purchase of two passenger motor vehicles for replacement only, 
and not to exceed $1,000 for official reception and representation 
Extension date. 
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122 STAT. 3715 
PUBLIC LAW 110–329—SEPT. 30, 2008 
expenses, $36,730,000, to remain available until expended. In addi-
tion, such sums as may be necessary for parking maintenance, 
repairs and replacement, to be derived from the Lease of Depart-
ment of Defense Real Property for Defense Agencies account. 
Funds appropriated under this Act may be provided to 
Arlington County, Virginia, for the relocation of the federally owned 
water main at Arlington National Cemetery making additional land 
available for ground burials. 
ARMED FORCES RETIREMENT HOME 
TRUST FUND 
For expenses necessary for the Armed Forces Retirement Home 
to operate and maintain the Armed Forces Retirement Home— 
Washington, District of Columbia, and the Armed Forces Retirement 
Home—Gulfport, Mississippi, to be paid from funds available in 
the Armed Forces Retirement Home Trust Fund, $63,010,000, of 
which $8,025,000 shall remain available until expended for 
construction and renovation of the physical plants at the Armed 
Forces Retirement Home—Washington, District of Columbia and 
the Armed Forces Retirement Home—Gulfport, Mississippi. 
TITLE IV 
GENERAL PROVISIONS 
SEC. 401. No part of any appropriation contained in this Act 
shall remain available for obligation beyond the current fiscal year 
unless expressly so provided herein. 
SEC. 402. Such sums as may be necessary for fiscal year 2009 
for pay raises for programs funded by this Act shall be absorbed 
within the levels appropriated in this Act. 
SEC. 403. None of the funds made available in this Act may 
be used for any program, project, or activity, when it is made 
known to the Federal entity or official to which the funds are 
made available that the program, project, or activity is not in 
compliance with any Federal law relating to risk assessment, the 
protection of private property rights, or unfunded mandates. 
SEC. 404. No part of any funds appropriated in this Act shall 
be used by an agency of the executive branch, other than for 
normal and recognized executive-legislative relationships, for pub-
licity or propaganda purposes, and for the preparation, distribution, 
or use of any kit, pamphlet, booklet, publication, radio, television, 
or film presentation designed to support or defeat legislation 
pending before Congress, except in presentation to Congress itself. 
SEC. 405. All departments and agencies funded under this 
Act are encouraged, within the limits of the existing statutory 
authorities and funding, to expand their use of ‘‘E-Commerce’’ tech-
nologies and procedures in the conduct of their business practices 
and public service activities. 
SEC. 406. None of the funds made available in this Act may 
be transferred to any department, agency, or instrumentality of 
the United States Government except pursuant to a transfer made 
by, or transfer authority provided in, this or any other appropria-
tions Act. 
SEC. 407. Unless stated otherwise, all reports and notifications 
required by this Act shall be submitted to the Subcommittee on 
Submissions. 
Lobbying. 
Pay raises. 
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122 STAT. 3716 
PUBLIC LAW 110–329—SEPT. 30, 2008 
LEGISLATIVE HISTORY—H.R. 2638 (S. 1644): 
HOUSE REPORTS: No. 110–181 (Comm. on Appropriations). 
SENATE REPORTS: No. 110–84 accompanying S. 1644 (Comm. on Appropriations). 
CONGRESSIONAL RECORD: 
Vol. 153 (2007): June 12–15, considered and passed House. 
July 24–26, considered and passed Senate, amended. 
Vol. 154 (2008): Sept. 24, House concurred in Senate amendment with an 
amendment. 
Sept. 26, 27, Senate considered and concurred in House 
amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 44 (2008): 
Sept. 30, Presidential statement. 
Military Construction, Veterans Affairs, and Related Agencies of 
the Committee on Appropriations of the House of Representatives 
and the Subcommittee on Military Construction, Veterans Affairs, 
and Related Agencies of the Committee on Appropriations of the 
Senate. 
SEC. 408. None of the funds made available in this Act may 
be used to modify the standards applicable to the determination 
of the entitlement of veterans to special monthly pensions under 
sections 1513(a) and 1521(e) of title 38, United States Code, as 
in effect pursuant to the opinion of the United States Court of 
Appeals for Veterans Claims in the case of Hartness v. Nicholson 
(No. 04–0888, July 21, 2006). 
SEC. 409. None of the funds made available in this Act may 
be used for a project or program named for an individual then 
serving as a Member, Delegate, or Resident Commissioner of the 
United States Congress. 
This division may be cited as the ‘‘Military Construction and 
Veterans Affairs and Related Agencies Appropriations Act, 2009’’. 
Approved September 30, 2008. 
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